Policies

Last revised: December 31, 2021

Additional Charges/Extras

As an Owner, you have the ability to choose a price-per-gallon (or litre, as applicable) that you will charge to Customers upon the return of any rented Equipment through the Platform for fuel used and not refilled. As an Owner, you will also have the ability to choose a price-per-hour that you will charge to Customers upon the return of any rented Equipment through the Platform for additional hours used and not included in the rental booking. Additional charges, such as fuel charges and additional hours, will only be paid to Owners if records and photographs are uploaded to Eqpme within five (5) business days in a manner that is satisfactory to Eqpme and not contested by the Customer. In the event a Customer fails or refuses to complete the upload of its own post-rental photographs, then the Owner must nevertheless submit its own post-rental photographs together with evidence confirming the failure or refusal on the part of the Customer within five (5) business days if the Owner wishes to claim an extra charge be applied. All requests for additional charges will be reviewed by Eqpme and accepted or rejected based on the then available information related to the request. Eqpme is under no obligation to undertake any independent or other investigation regarding the veracity of any such claims.

If any additional charges and/or extras whatsoever are required to be billed by Eqpme in accordance with the Terms, Users acknowledge and agree that all such additional charges and/or extras will be subject to the same Eqpme Service Fee and Transaction Facilitation Fee plus applicable taxes applied to the initial Transaction in addition to the subtotal owing for such additional charges and/or extras incurred. Users accept that the fees chargeable by Eqpme are calculated at the applicable tiered rate of the Owner and Customer, respectively, as of the original booking period.

Fuel

Customer

The Customer may either refuel the Equipment returning it to the fuel level equivalent to when it was initially received or pay the fuel rate stated by the Owner in the listing for the specific piece of equipment. All rentals should be returned with the exact same amount of fuel given (Referencing Pre & Post Photographs). Any fuel charges will be applied manually by Eqpme upon receipt of all necessary evidence.

Owner

Customers are only responsible for the exact amount of fuel provided by the Owner as confirmed in the pre inspection report. The Owner must record the actual amount of fuel in the Equipment prior to the rental in order to validate a claim for an additional charge. If the Owner does not properly document and upload all relevant content to the inspection centre, we are not able to charge any fuel to the Customer. Fuel may be estimated to the nearest litre (gallon, as applicable) provided sufficient evidence is provided. If no evidence as to the content of the tank is provided, an estimation may be submitted based on the fuel gauge itself. As such estimations are not exact, you may not be provided with an extra in the amount requested even if your general request for an extra is approved.

How to manage your fuel pricing:

Go to: Your Listings > Edit Listing > Description > Fuel

This will allow you to control your fuel rates. This can be changed at any time on a go-forward basis only (i.e. will not affect current or prior rentals).

Fuel Reimbursement & Process

Once your Equipment is returned and you find there is less fuel than when the Equipment was delivered you can request reimbursement. We will use and compare the Pre & Post photos and all other relevant information available, if any, to manually charge the Customer, if applicable.

The Pre & Post Inspection process should be completed, and uploaded to the Eqpme Message Center in order to confirm any overages related to the rental. We also recommend you keep all records on file for your own reference.

If the Customer fails or refuses to complete or upload photos to the Inspection Center, or to respond to requests to do so, Eqpme reserves the right to treat this as confirmation that the information contained in the Inspection Center is accurate and the Customer may be required to pay any additional expenses and charges.

All payouts will be processed via Stripe which can take up to fourteen (14) business days.

Hour Policy

Customer

As a Customer you understand and agree to comply with the daily allowable hours set by the Owner in their listing for the Equipment. If the Customer exceeds the total allowable hours per rental then the Customer may be subject to additional charges.

Charges related to additional hours will be calculated based on either the hourly rate specified by the Owner in the listing or the daily rate divided by the allowable hours per day. All hours should be confirmed and referenced in the Inspection Center and should be uploaded to the Eqpme Messaging Center prior to and after the rental.

Eqpme will review details regarding hours via the Inspection or messaging center uploaded photos to determine if a manual charge to the Customer is necessary. If the photo of the hour odometer is not up-to-date or the Owner does not properly document their hour gauge, then the Customer will not be charged for any claimed overages.

Owner

The Owner should record the hours by documenting and uploading their photographs to the Inspection Center. We recommend you keep all records on file for your own reference. The Owner must document and upload photos of their Hour Meter prior to the rental. If the Owner does not properly upload photographs of the hour meter, Eqpme is not responsible and cannot charge any hourly overages to the Customer. We will base any additional charges off the difference of hourly amounts in the Check In & Check Out section. If the Customer fails or refuses to document, or to respond to requests to do so, Eqpme reserves the right to treat this as confirmation that the information contained in the Inspection Centre is accurate and the Customer may be required to pay any additional expenses and charges.

All payouts will be processed via Stripe and may take up to fourteen (14) business days.

How to manage your daily hour rate:

Go to: Your Listings > Edit Listing > Specification > “How many hours are allowed per daily rental”

This will allow you to control your daily hour rate. This can be changed at anytime.

Cancellation and Refund Policy

Cancellation

Eqpme’s role is to enable Users to utilize the Platform and Services for the purposes of entering into Transactions involving Equipment. In some circumstances, either an Owner or a Customer may need to cancel a Transaction entered into through the Platform for any number of reasons. This Cancellation and Refund Policy explains how Eqpme deals with such cancellation and/or refund requests by Owners and/or Customers, as applicable.

IMPORTANT: THIS CANCELLATION POLICY APPLIES ONLY TO THE EXTENT THAT NO OWNER TERMS ARE PRESENT OR THE OWNER TERMS DO NOT EXPRESSLY SPEAK TO CANCELLATIONS AND/OR REFUNDS. IN THE EVENT OF DISAGREEMENT BETWEEN THE OWNER TERMS AND THIS POLICY, THE OWNER TERMS SHALL GOVERN.

In the Eqpme Messaging Center through the Platform where Owners & Customers communicate, both Owners and Customers have the limited ability to cancel their reservation once a request to book Equipment has been accepted.

Please refer to our cancellation guideline chart below.

Equipment rentals:

If an Owner has accepted the booking reservation, then both the Owner and the Customer may enter into an agreement directly between themselves to govern the Transaction subject to the Terms for a lease, rental, or other any other permitted rent-to-buy agreement for the Equipment in question. In the event the Owner’s Terms do not address cancellation, the following cancellation terms apply:

Cancellation Period: Refund Breakdown

Within 48 hours

100% full refund

After 48 Hours

No refund available

Refunds

If a Customer wants to cancel a Transaction prior to the commencement time but outside of the Free Cancellation Period, then we encourage the Customer to promptly notify the Owner via the Eqpme Messaging Center and to process the cancellation themselves through the Site or Application. For cancelled Transactions, regardless of duration, Eqpme will refund the Customer as follows:

Refund Type

Refund Amount

Partial Refund

2/3 of Transaction value less Transaction Facilitation Fee and applicable taxes

Limited Refund

1/3 of Transaction value less Transaction Facilitation Fee and applicable taxes

Equipment sales:

Cancellation is not available for any sale Transactions through the Platform. All sale Transactions are final.

Payment processing services for the Platform are provided by Stripe (the “ Payment Processer ”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms”). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. In the event of a cancellation in accordance with this Cancellation and Refund Policy, the Customer can expect a refund to be processed by Eqpme through its Payment Processer within fourteen (14) business days. Timelines are subject to Payment Processor availability and are not guaranteed or warranted whatsoever.

Transaction Modifications

If there are any Transaction modifications required, the Customer shall contact the Owner immediately to request same prior to either: (i) the commencement date and time of any Transaction or (ii) the Transaction date for any Equipment sale(s), as applicable.OWNERS AND CUSTOMERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT EQPME IS NOT A PARTY TO ANY TRANSACTION AND HAS NO ABILITY TO ENFORCE OR OTHERWISE ASSIST WITH ANY MODIFICATIONS TO TRANSACTIONS WHATSOEVER.

Owner No-Shows

If an Owner does not provide the Equipment at the agreed upon date, location and time, then a Customer’s first recourse is to attempt to contact the Owner directly via the Eqpme Messaging Center, e-mail or phone. If the Owner fails or refuses to respond within one (1) business day, please contact info@eqpme.com to request a full refund and provide reasonable details regarding the steps taken as a Customer to rectify the situation. Upon completion of an internal investigation by Eqpme, Eqpme may either approve or deny a Customer’s request for a refund due to an Owner’s failure or refusal to deliver Equipment. An Eqpme-approved no-show event by an Owner will result in a Customer being issued a full refund within fourteen (14) business days following the completion of the investigation and issuance of a final determination. This refund will be issuable notwithstanding any Owner Terms and the parties hereby expressly acknowledge and agree that this Policy shall take precedence over any Owner Terms to the extent of any disagreement. Owners acknowledge and agree that any Owner Terms uploaded to Eqpme shall be in compliance herewith or, if not, shall be deemed to be amended to be in compliance herewith. Depending on the terms of your rental/lease/sale agreement with the Owner, if any, you may have additional rights as a Customer.

Any Owner no-show event will be documented by Eqpme on the Owner’s Account and may, without limitation, be: (i) used to materially demote the User-rating, if any, of the Owner, (ii) treated as a breach of any applicable MSA, if any as well as the Terms generally and (iii) used as grounds for removal from the Platform. Owner’s may provide any reasonable evidence they deem necessary or of assistance for Eqpme’s consideration in the event of an Owner no-show event to detail potential mitigating circumstances, if any.

Eqpme reserves the right to charge an Owner an administrative fee relating to any no-show event equivalent the Transaction Facilitation Fee plus applicable taxes. The Owner expressly and irrevocably authorizes Eqpme to charge this administrative fee to any credit card(s)/bank accounts or other payment methods which may be affiliated with the Account.

Customers will not be held responsible if an Owner does not provide the Equipment as required pursuant to any Transaction.

Customer No Show

(A) Equipment rental

If a Customer does not accept delivery of the Equipment or make all necessary arrangements for transportation to pick-up the reserved Equipment from an Owner on or before the earlier of: (i) prior to 5:00 pm on the date of the reservation or (ii) within twenty-four (24) hours of the scheduled start time, as applicable, then the Owner has the right to cancel the Transaction in accordance with its terms and the Customer will be charged in full for the entire value of the Transaction. In the sole discretion of the Owner, if the Transaction is not cancelled, then the Customer may attempt to coordinate with the Owner via the Eqpme Messaging Center to make all necessary arrangements at the Customer’s sole cost and expense for transportation of the Equipment if the rental period is of a sufficient duration.

The Account for a Customer will receive an automated no-show notation which will be accessible by Owners to review as part of their due diligence for any future prospective Transaction through the Platform.

(B) Equipment sale

Owners shall be obligated solely to deliver (or make available for pick-up) the Equipment in accordance with the terms of the Transaction. Failure or refusal by a Customer to accept Equipment shall be governed by the Owner Terms in all instances.

Cross-border Transactions are not permitted on the Platform.

Early Returns for Equipment Rentals

If a Customer wants to return any Equipment forming part of a rental Transaction earlier than the agreed end time and date of their reservation such return will be subject to transportation availability and there will be no credits/refunds issued whatsoever.

Owner Cancellation Time Chart

Before initial reserved start date:

Can Cancel At Any Time

100% Refund to the Customer

Note: Processing time for refunds is approximately fourteen (14) business days. All payments, cancellations and refunds are conducted through Stripe’s payment processing system. Please view our Payment Processing section below and  Stripe’s Refunds and cancelling payments for further information.

Eligibility and Maintenance Policy

We recommend that you remove all personal property before making the Equipment available for a reservation. In addition, you should expect normal wear and tear on your Equipment and any Attachments, including minor scrapes and dings, in connection with your participation in the Services.

Condition of the Equipment and Optional Extras

You understand that third-parties own the Equipment and Extras offered through the Services. Each Owner is responsible for complying with all legal requirements (including ensuring the Equipment is registered and insured) and maintaining their Equipment in good working order such that it is both safe and operational. Customers acknowledge that operators should be trained in the specific use of the Equipment and, if required, have valid specialized licenses for the use of same. After the request-to-book has been completed by the Customer and communication has been established with the Owner, the Owner should upload photographs of their Equipment to the conversation platform between themselves and the Customer to provide evidence of the condition of the Equipment prior to the rental booking. After the Equipment is returned to the Owner, post-rental photographs should be uploaded to the Messaging Center to document to the state of the Equipment at the end of the rental. Customers are advised to complete a visual inspection before beginning to use any Equipment. If a Customer finds any pre-existing damage during an initial inspection, the Customer should upload photos of such pre-existing damage prior to the start of the rental to mitigate the potential for any future disputes. If a Customer believes that there is pre-existing damage to the Equipment following an initial inspection and fails to report same on the Messaging Centre on the Platform prior to the commencement of the Transaction, then the Owner, Eqpme and any third-party administrators will be entitled to presume that the damage occurred during the rental period. If, after the initial inspection, the Customer believes that the Equipment is not safe to operate, please do not use the Equipment; immediately contact the Owner directly and the Eqpme team at info@eqpme.com.

Incident Reporting

If there is ever an accident or incident during the rental period, we strongly encourage Customers to immediately report any damage to the Owner. If an accident, incident, or theft has occurred, please immediately notify the appropriate emergency services provider (e.g. police, fire, etc.) and also please contact the Owner. Failure to report an incident in a timely manner or cooperate in an investigation regarding an incident may reduce or invalidate your claims, including with respect to insurance.

Repossession

The Owner may repossess any Equipment booked through the Services without demand, at the Customer’s expense, if the Equipment is: (i) not returned by the end of the Transaction, (ii) found illegally parked/stored, (iii) abandoned or (iv) used in violation of any applicable law(s) or these Terms.

Lost/Stolen/Missing Equipment

If any Equipment goes missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), Customers are obligated to report these changes to the Owner as soon as possible, and in no event later than twenty-four (24) hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to Eqpme to ban any infringing Customers in our sole, absolute and unfettered discretion, whether permanently or temporarily, from using the Services. Owners hereby acknowledge and agree that they are solely responsible for reporting any missing or stolen Equipment to the appropriate law enforcement authorities and any applicable insurance providers should they so choose. Owners and Customers acknowledge and agree that any disputes with respect to lost, missing or stolen Equipment shall be between themselves alone and Eqpme shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by Owners to info@eqpme.com. Eqpme has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.

The following sections apply to Owners:

Information Given at Registration

When you sign up for Eqpme, you will have specifications of Equipment that you want to list for rental through the Services. Equipment must meet the requirements herein contained. You may only use the Services in connection with Equipment that you own or otherwise have all the necessary rights and permissions to rent for compensation.

Equipment Availability

Once a rental is booked, you are obligated to make the Equipment available or deliver the Equipment as expected by the Customer. If you offer the Customer the option to pick up your Equipment at a specified location, you must supply the location of the Equipment accurately to Eqpme and ensure that the Equipment is available at that location at the beginning of the reservation period.

Booking Expiration

After a Customer requests to book a piece of Equipment for rental, the Owner has a maximum of twenty-four (24) hours to accept and respond to the Customer. If not, the rental booking request will automatically expire and the Equipment will return to being available for rent to any Customer on the Platform.

Transportation

As an Owner, you will have total control over your pricing. In addition, Owners have the ability to offer transportation for each listing. These transportation fees will be applied by the Owner to the Customer through the Platform. Transportation is solely the responsibility of the Owner that is offering to deliver and/or pick-up their Equipment. Owners should ensure their transportation decisions are compliant with any and all local, provincial/state and federal requirements. Owners and Customers hereby acknowledge and agree that Eqpme has no connection to the Equipment or any insurance carried in respect thereof or any transportation thereof. Owners and Customers hereby acknowledge and agree to hold Eqpme harmless with respect to any claims of any kind whatsoever, including those related to transportation and/or insurance.

Maintenance

You are required to regularly check your Equipment for any defects, in particular those related to operations or safety. Owners represent and warrant that, at all times, the Equipment will be safe, operational, in good working order, and in full compliance with all applicable inspection, licensing and registration requirements. You will only list Equipment with a clean, non-salvaged, non- written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing Equipment to be booked. In addition, if Eqpme believes that your Equipment does not conform to reasonable standards, Eqpme may notify you and hereby reserves the right to remove or decline listing your Equipment until its concerns have been resolved. Eqpme may, but does not commit to, undertake efforts to ensure the safety of Equipment booked through the Services. Learn more about our Equipment eligibility requirements here. Equipment shall have its annual inspection records up to date, including any manufacturer stickers depicting maximum loads and information.

Incident Reporting

If you believe that a Customer has caused any damage to your Equipment, we strongly advise you to report that damage as soon as you become aware of it and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for disputes as between you (Owner), the Customer and your insurance company (if applicable). You must report and record all incidents to your insurance company directly as Eqpme is not responsible for any incidents that may occur at any time or times before, during or after the use of the Services.

Lost/Stolen/Missing Equipment

If any Equipment go(es) missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), Customers are obligated to report these changes to the Owner as soon as possible, and in no event later than twenty-four (24) hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to Eqpme banning Customer(s) from using the Services in our sole, absolute and unfettered discretion. Owners hereby acknowledge and agree that they are solely responsible for making due inquiry of Customers on a reasonable basis to confirm the status of rented Equipment and for reporting any missing or stolen Equipment to the authorities should they so choose. Owners and Customers acknowledge and agree that any disputes with respect to lost, missing or stolen equipment shall be between themselves alone and Eqpme shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by Owners to info@eqpme.com. Eqpme has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.

Pricing Policy

Transaction Facilitation Fee

For all Transactions completed using the Platform, Eqpme shall charge the applicable Owner a “Transaction Facilitation Fee” which is calculated based on the then prevailing rate applicable to the subject Owner based on: (i) its quarterly Transaction volume and (ii) the implied performance status of the Owner as a result of same and as further disclosed on the Eqpme Pro page of the Site.

Alternatively, Owners may contact our Eqpme sales team to discuss any available subscription options relating to the Services which would be governed by a Master Services Agreement (“MSA”) to fix its Transaction Facilitation Fee per Transaction for any given calendar year.

Extensions

The percentage-based fee for any and all extensions will be calculated based on the total duration of the additional Equipment rental booking period using the Owner’s and Customer’s tiered rate as of the original booking period. Extension rates are identical to rental rates posted on the Platform as of the date of commencement of the Transaction.

Rounding Off

Eqpme may, in its sole, absolute and unfettered discretion, round up or down amounts that are payable from or to Owners or Customers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) where permissible under applicable law.