United Guard Service Contract Terms and Conditions - Canada (English)

Non-Vehicle Service Contract Agreement

Last Update: Jul2021v1

Nota: You can select one of three Coverage terms: 3, 6 or 12 months. Please review Your Invoice to make certain Your selection is correct.

UNITED GUARD SERVICE CONTRACT COVERAGE IS AVAILABLE TO ORIGINAL COMMERCIAL PURCHASERS OF CERTAIN NEW AND USED PRODUCTS AND EQUIPMENT (THE "EQUIPMENT") PURCHASED DIRECTLY FROM UNITED RENTALS OF CANADA. INC. (TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES. "UNITED RENTALS". THE "OBLIGOR," "US" OR "WE") WITHIN 72 HOURS OF EQUIPMENT PURCHASE.

THIS NON-VEHICLE SERVICE CONTRACT AGREEMENT (THIS "AGREEMENT") IS NOT AN INSURANCE CONTRACT AND IT IS AVAILABLE ONLY TO UNITED RENTALS' DIRECT COMMERCIAL CUSTOMERS.

In return for payment by a direct commercial customer ("You" or the ''Customer") of the contract price (including applicable taxes) specified on the Equipment Sale Agreement/Invoice ("Your Invoice") that is attached hereto and is hereby incorporated by reference into this Agreement, the Obligor agrees with You as follows:

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1. WHAT IS COVERED

Subject to all of the limitations and other terms and conditions of this Agreement, particularly Sections 6 and 7 hereof, and further subject to the coverage term (3, 6 or 12 month) as referenced on Your Invoice., the Obligor will repair or replace the Equipment on behalf of the Customer in the event the covered Equipment specified on Your Invoice or any component thereof fails to function during normal use. Wear, tear, and abuse of such covered Equipment are excluded. At the discretion of the Obligor, replacement parts used in covered repairs may include non-original equipment manufacturer parts, new, remanufactured, or used parts that meet the quality standards of the repairer or the Obligor. If the Equipment cannot be repaired, if the cost of the repair exceeds the original purchase price paid by You to United Rentals for the Equipment, if the parts are not available due to the age of the Equipment, or parts have been discontinued by the manufacturer, the Equipment will be replaced with equipment of comparable features, taking into consideration age, wear, and tear. If the Equipment is replaced, the term of the Agreement is completed, and the Obligor will have no further obligation to You.

2. NOT A LIMITED WARRANTY

This Agreement is a service contract providing specified repair or replacement benefits to You. This Agreement is not a limited warranty or manufacturer’s warranty. However, if You have purchased new Equipment directly from Us and You have also purchased service contract coverage from Us for the new Equipment, then You will have the benefit of the manufacturer's limited warranty, and after the manufacturer's limited warranty expires, You will have the benefit of this Agreement for the coverage term that you select and that is specified on your Invoice. New Equipment is defined as Equipment 1) retailed directly by United Rentals to Customer, 2) supplied to Customer in the manufacturer’s original packaging, and 3) never previously used by anyone.

3. NO WARRANTIES TO CONSUMERS

The Customer represents and warrants that the Customer (i) is not a “consumer" within the meaning of applicable Canadian consumer protection laws, (ii) is entering into this Agreement only for business or commercial purposes, and (iii) is not entering into this Agreement for personal, family, household, or farming purposes, or in connection with the operation of a farm, ranch or feedlot, and the Equipment will not be used for any such purposes. The Obligor shall have no liability in respect of any Equipment used for personal, family, household, or farming purposes, or in connection with the operation of a farm, ranch or feedlot.

4. COVERAGE TERM

The effective dates (i.e. beginning date and ending date of coverage) and duration of this Agreement are specified on the face of your Invoice, consistent with your selection of 3, 6, or 12 month coverage, or until the Equipment is replaced, if necessary. In the event an authorized repairer is repairing the Equipment when this Agreement expires, the term of this Agreement will be extended until the covered repair has been completed.

5. LIMIT OF LIABILITY

The Obligor's limit of liability for any claim under this Agreement is the market value of the Equipment at time of claim, as determined by the Obligor.

6. COVERED ITEMS AND EXCLUSIONS

Subject to the exclusions and limitations set forth in this Section 6, and in Section 7 of this Agreement, the Equipment will be covered against failure, subject to the Equipment being fully serviced, in accordance with the manufacturer’s service instructions, at the intervals recommended by the manufacturer and subject to the Customer’s compliance with the terms and conditions of this Agreement.

A) Coverage: The parts and components that are covered under this Agreement are as follows:

United Guard: ENGINE: The following internal components: block, cylinder liners, piston, piston rings, piston pins, cylinder heads, head gasket, crankshaft, main bearings, con rods, con rod bearings, balance assemblies, camshaft and followers, push rods, tappets, valves, springs and guides, timing gears, lubrication pump and drive components including failure of casting assembly, thrust bearings, internal oil seals, external oil seals (internal failure), bushes, external pump drive gear.

TRANSMISSION /TRANSAXLE: The following components: charging pumps, gear train and shafts, thrust washers, bushes, needle roller bearings, bearings, gears, internal seals, input and output seals (internal failure), clutch packs, couplings, oil lubrication pumps, main control valves, relief valves, torque converter, gearshift controller electrical and mechanical, electronic control (black-box), transmission casing, PTO drives.

DRIVE LINES,: Main shaft/s, sliding points, flange/yoke end of drive lines, pivot shaft, pivot shaft support bearings.

DRIVE AXLES/FINAL DRIVES: Bearings, shafts, thrust washers, seals, input seals (internal failure), tension springs, bull gears, pinions, ring gears, crown wheels, internal differential gears and locks, axle case, differential case, yokes, wheel hubs.

ELECTRICAL: Batteries, wiring, motors, solenoids, solenoid valves, electric instrument panel, switches, relays, sender units, hour meters, gauges, sensors, black-box, microprocessor/ ECU/ECM, starter motor, alternator, regulators, controllers, generators, coils.

COOLING SYSTEM: Hoses, fan belts, blowers, fans, fan belt tensioners, water pump, internal bearings and seals, fan thermostat, thermostat, oil coolers, radiators and cab heating assembly, intercoolers, aftercoolers, heat exchangers, and air conditioners.

FUEL SYSTEMS: Injectors, hoses, fittings, fuel lift pump, fuel injection pump, engine priming pump, fuel tanks, carburetors, and propane regulators.

HYDRAULICS : Hoses, "O"- rings, external seals, exposed pipes, rubber mountings, hydraulic tank breathers, hydraulic/hydrostatic motors, hydraulic/hydrostatic pumps, hydraulic control valves, relief valves, accumulators, shuttle valve, hydraulic tank and mounting, hydraulic cylinders (rams), electro hydraulic valves, check valves.

MAIN FRAME: /CHASSIS: Chassis, mainframe, track frames, equalizer bars/pivot, mainframe/chassis, cylinder mountings, pins, bearings, bushes, seals, trunion, trunion housing, trunion brackets, axle mountings, steering cylinder mountings, axle trunion, mast, mast rollers, carriage, carriage rollers, boom, tele-boom, boom mountings, boom cylinder mountings, pins, bushes, seals stabilizer.

CASTINGS AND CASINGS, UNDERCARRIAGE, IDLERS, TRACK ADJUSTERS, RUNNING GEAR: Bearings, shaft, thrust washers, seals, input seals (internal failure), front idlers, idler shafts, track adjuster assembly, tension springs, bull gears, pinions, crown wheels, yokes, steering and brake controls, final drive shaft, sprockets/segments (for breakage where applicable).

OTHER COMPONENTS: Compressor air end components, generator/welder electrical end components, water pump – pump end components, ROPS & FOPS structures.

7. LIMITATIONS

THIS AGREEMENT DOES NOT COVER: FAILURE OF THE EQUIPMENT DUE TO OPERATION UNDER CONDITIONS OTHER THAN THOSE FOR WHICH IT IS DESIGNED; INSTALLATION OR SETUP COST; DIAGNOSTIC CHARGES; LOSSES COVERED UNDER A MANUFACTURER'S LIMITED WARRANTY; PERIODIC CHECKUPS AND/OR MAINTENANCE; LOSS OF REVENUE OR PROFITS; LOSS OF USE OF THE EQUIPMENT; EQUIPMENT NOT ORIGINALLY COVERED BY A MANUFACTURER'S WARRANTY VALID FOR CANADIAN PURCHASERS. THE PURCHASER SHALL PERFORM ALL PERIODIC AND PREVENTATIVE MAINTENANCE RECOMMENDED BY THE MANUFACTURER TO MAINTAIN THE EQUIPMENT IN PROPER OPERATING CONDITION. NEITHER LOSS OR DAMAGE RESULTING FROM THE FAILURE TO PROVIDE MANUFACTURER'S MAINTENANCE NOR LOSS OR DAMAGE RESULTING FROM NORMAL WEAR AND TEAR, ARE COVERED BY THIS AGREEMENT.

THE FOLLOWING COSTS ARE THE RESPONSIBILITY OF THE CUSTOMER:

  1. REPAIR OR REPLACEMENT OF PARTS NORMALLY DESIGNATED TO BE REPLACED PERIODICALLY OR CONSUMED DURING THE LIFE OF THE EQUIPMENT: E.G., AIR OR WATER FILTERS, FUSES COSMETIC ITEMS, TIRES, OR NON-FUNCTIONAL PARTS.
  2. DAMAGES RESULTING FROM:
    1. USE OF ACCESSORIES NOT APPROVED BY THE MANUFACTURER.
    2. INCORRECT CONNECTION OF SIGNAL LEADS OR INCORRECT ELECTRICAL SUPPLY; FAILURE, OR IMPROPER USE OF ANY ELECTRICAL SOURCE; ELECTRICAL CONNECTION TO OTHER EQUIPMENT NOT RECOMMENDED FOR INTERCONNECTION OY THE MANUFACTURER OF THE EQUIPMENT; OR BATTERY LEAKAGE.
    3. EXTERNAL CAUSES INCLUDING FIRE, THEFT, ACCIDENT, COLI.ISION WITH AN OBJECT, IMPACT DAMAGE, INSECTS, ANIMALS, SAND, DIRT, EXPOSURE TO WEATHER CONDITIONS, WINDSTORM, HAIL, LIGHTNING, EARTHQUAKE, AN ACT OF GOD, EXPLOSION, FLOOD, WATER. NUCLEAR/BIOLOGICAL OR CHEMICAL OR RADIOLOGICAL CONTAMINATION, OR ABNORMAL VARIATION OF ELECTRICAL OR WATER SUPPLY.
    4. ABUSE, MISUSE, OR NEGLECT.
    5. LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM WAR, INVASION OR ACT OF FOREIGN ENEMY HOSTILITIES, TERRORISM (DOMESTIC OR FOREIGN IN ORIGIN), CIVIL WAR, REBELLION, INSURRECTION, RIOT. STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL COMMOTION.
    6. EMBARGO OR ACTS OF GOVERNMENT.
  3. FREIGHT CHARGES FOR EXPEDITED PARTS DELIVERY.
  4. CHARGES FOR SERVICE WHERE NO PROBLEM CAN BE FOUND.
  5. TRANSPORTATION COSTS.
  6. CHARGE FOR EQUIPMENT ENHANCEMENTS, UPGRADES. CUSTOMER ADJUSTMENTS, PROGAMMING, EDUCATION, OR ANY OTHER OPERATION THAT IS NOT A COVERED REPAIR OR SERVICE EVENT.
8. HOW TO OBTAIN SERVICE

In order to obtain service, contact the United Rentals branch shown on your Invoice to obtain information regarding the appropriate authorized service location. All repairs must be authorized by the Obligor prior to performance of covered work. OUTSIDE NORMAL BUSINESS HOURS CONTACT THE OBLIGOR AT [1-800-UR-RENTS] TO SCHEDULE SERVICE OR REPAIRS. If emergency repairs are required outside of NORMAL business hours, CALL [1-800-UR-RENTS].

9. TRANSPORTATION COSTS

Customer is responsible for transportation cost incurred in connection with any and all repairs and/or services provided pursuant to this Agreement.

10. LIMITATION OF LIABILITY

NEITHER THE OBLIGOR, NOR ANY RE PAIRER, IS LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF REVENUES OR PROFITS, LOSS OF USE OF THE EQUIPMENT, BUSINESS INTERRUPTION, DAMAGES RELATING TO PROPERTY DAMAGE OR BODILY INJURY, OR DAMAGES RELATING TO WRONGFUL DEATH, OR ANY OTHER DAMAGES RESULTING FROM THE FAILURE OF THE EQUIPMENT SERVICED UNDER THIS AGREEMENT, DELAYS IN SERVICING, OR THE INABILITY TO SERVICE THE EQUIPMENT.

11. ENTIRE AGREEMENT

Together with your Invoice, this is the entire Agreement between the parties, and no representation, promise, or condition not contained herein shall modify these terms.

12. TRANSFERABILITY

This Agreement is for the benefit of the Customer named on Your Invoice only and is not transferable or assignable.

13. CANCELLATION

You may cancel this Agreement for any reason any time by calling the United Rentals branch where You purchased the Equipment at the number shown on your Invoice. If You cancel this Agreement within thirty (30) days of receipt of this Agreement, You will receive a full refund, less the cost of any claims. If You cancel after thirty (30) days of receipt of this Agreement, the Obligor will pay You (i) a pro rata refund based on the time expired, less (ii) a $25.00 cancellation fee or 10% of the pro rata refund amount (whichever is less), and less (iii) the cost of any claims. The Obligor may not cancel this Agreement except upon (1) failure by You to pay an amount when due; (2) Your conviction of a crime that results in an increase in the service required under this Agreement; (3) discovery of fraud or material misrepresentation by You in obtaining this Agreement or in presenting a claim for service hereunder; or, (4) discovery of either of the following if it occurred after the effective date of this Agreement and substantially and materially increased the service required under this Agreement: (a) an act or omission by You; or (b) a violation by You of any provision of this Agreement.

14. ARBITRATION

The parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration conducted in accordance with the Arbitration Act, 1991 (Ontario). Any award of the arbitrator(s) may be entered as a judgement in any court having jurisdiction, including remedies of repossession, replevin, foreclosure, or other remedies where property would be subject to reclamation or disposition.

YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION CLAUSE NEITHER OF US WILL HAVE THE RIGHT TO GO TO COURT, OR TO HAVE A JURY TRIAL, OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR CLAIMANTS PERTAINING TO ANY CLAIM.

15. LEYES VIGENTES

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

16. IDIOMA

Customer acknowledges and confirms that Customer has requested that this Agreement and any other document contemplated hereby be drawn up in the English language only. Le client reconnait et confirme avoir demandé que le présent contrat et tous les autres documents dont il est question aux présents soient rédigés en anglais uniquement.