Terms and Conditions - Guardeer Rentals
Effective Date: September 28, 2025
Welcome to Guardeer Rentals (“Guardeer,” “we,” “us,” or “our”). These Terms and Conditions
(“Terms”) govern the rental of equipment and related services offered by Guardeer, including
but not limited to construction temporary fencing and ICF bracing (collectively, the
“Equipment”). By renting Equipment, arranging for delivery or collection, or otherwise making
use of Guardeer’s services, you (“Customer,” “you,” or “your”) agree to be bound by the terms
set forth herein. If you do not agree to these Terms, you must refrain from using our services or
renting any Equipment.
1. Eligibility
Rentals and services provided by Guardeer are available only to individuals and businesses that
are legally capable of entering into binding agreements. You must be at least eighteen (18)
years of age to rent Equipment, and you represent and warrant that you possess the necessary
legal authority, permits, or business capacity to enter into these Terms on behalf of yourself or
your organization. By proceeding with a rental, you confirm that you are operating within a
jurisdiction where Guardeer provides services and that your intended use of the Equipment is
lawful.
2. Rental Period and Permitted Use
The rental period begins on the date the Equipment is delivered by Guardeer to the agreed site
or collected by you from our premises, and it ends on the date the Equipment is returned to
Guardeer or collected by us. All Equipment must be used exclusively for lawful construction-
related purposes, and you agree not to use the Equipment for any purpose other than that for
which it is designed. You further agree to ensure that the Equipment is installed, maintained,
and operated in a safe and responsible manner, in full compliance with all applicable laws,
municipal by-laws, and site safety requirements. Equipment must not be sublet, assigned, or
transferred to any third party without Guardeer’s prior written consent.
3. Delivery and Pickup
Guardeer will arrange delivery and pickup of the Equipment at the location and time agreed
between the parties. You are responsible for ensuring that the site is accessible, clear, and
prepared for delivery, installation, and subsequent pickup. If Guardeer’s employees,
contractors, or vehicles encounter delays or additional work due to inaccessible or unsafe site
conditions, additional charges may be applied. At the end of the rental period, Equipment must
be ready for pickup in substantially the same condition as delivered, subject only to ordinary
wear and tear. If Guardeer is required to wait, return at another time, or provide additional
services to remove the Equipment, you will be liable for the associated costs.
4. Rental Charges and Payment
All rental charges will be determined in accordance with Guardeer’s published rates or as
otherwise confirmed in a written rental agreement or invoice. Payment is due in accordance
with the payment terms set out on the invoice, and unless otherwise agreed, full payment is
required prior to or upon delivery of the Equipment. If payment is not received when due,
interest will accrue on all overdue amounts at the rate of two percent (2%) per month,
equivalent to twenty-four percent (24%) per annum, until payment is made in full. You will be
liable for all costs and expenses, including reasonable legal fees and collection costs, incurred
by Guardeer in recovering overdue amounts.
5. Customer Responsibilities
As the Customer, you assume full responsibility for the care, custody, and control of the
Equipment during the entire rental period. You agree to inspect the Equipment immediately
upon delivery or collection and to notify Guardeer without delay of any defects, damage, or
concerns. You agree to use the Equipment safely, responsibly, and only for its intended
purposes. The Equipment must not be altered, modified, dismantled, or repaired by you or any
third party without Guardeer’s written authorization. You also agree not to relocate the
Equipment to another site or address without Guardeer’s express consent. At all times, you are
responsible for ensuring that the Equipment is not exposed to misuse, overloading, or unsafe
practices that may cause harm to persons, property, or the Equipment itself.
6. Loss, Theft, or Damage
You are fully responsible for the Equipment from the moment it is delivered or collected until it
is returned to Guardeer or picked up by us. If the Equipment is lost, stolen, damaged, or
destroyed, other than through normal wear and tear, you will be liable for the full cost of repair
or replacement at Guardeer’s discretion. In cases of theft or vandalism, you must notify
Guardeer immediately and, where applicable, provide a police report. Guardeer reserves the
right to invoice you for replacement costs, repair costs, or any other related expenses, and such
amounts will be payable immediately upon demand.
7. Insurance
It is your sole responsibility to maintain adequate insurance coverage for the Equipment while
in your care. This includes, but is not limited to, coverage for theft, vandalism, fire, accidental
damage, and liability for injuries or property damage arising from the use of the Equipment.
Guardeer reserves the right to request proof of insurance at any time and may decline to rent
Equipment in the absence of sufficient coverage. Failure to maintain appropriate insurance
does not relieve you of liability for loss or damage to the Equipment.
8. Property Damage
You acknowledge and agree that you are responsible for any damage caused to property, land,
underground utilities, pavements, landscaping, or structures that arises from the use,
operation, installation, or removal of the Equipment during the rental period. Guardeer shall
not be liable for damage to the Customer’s property, or the property of any third party, except
where such damage is directly caused by the gross negligence or willful misconduct of
Guardeer. You agree to take all reasonable precautions to protect property and infrastructure
when arranging for delivery, placement, and removal of the Equipment.
9. Indemnity
You agree to indemnify, defend, and hold harmless Guardeer, its affiliates, employees,
contractors, and representatives from and against any and all claims, demands, liabilities,
losses, damages, costs, or expenses (including reasonable legal fees) that arise out of or are
connected with your use, possession, or operation of the Equipment. This includes, without
limitation, claims for personal injury or death, property damage, environmental harm, or
regulatory violations. Your indemnity obligations extend to any breach of these Terms, as well
as any negligence, willful misconduct, or unlawful conduct by you, your employees, agents, or
contractors.
10. Limitation of Liability
To the maximum extent permitted by law, Guardeer shall not be liable to you or any third party
for any indirect, incidental, special, consequential, or punitive damages, including but not
limited to loss of profits, business interruption, delay, or loss of opportunity, arising from or in
connection with the rental of Equipment or these Terms, regardless of the legal theory
asserted. Guardeer’s liability for any direct damages shall be strictly limited to the total rental
fees paid by you for the specific Equipment giving rise to the claim. Nothing in these Terms shall
exclude liability for death or personal injury caused by Guardeer’s gross negligence or
intentional misconduct.
11. Termination
Guardeer may terminate any rental agreement immediately if you fail to comply with these
Terms, fail to make payment when due, or misuse the Equipment. In such event, you agree to
return the Equipment immediately or to allow Guardeer access to recover it without delay.
Termination shall not relieve you of your obligation to pay all fees, charges, and costs incurred
up to the date of termination, including repair or replacement costs for any Equipment that is
damaged, lost, or stolen.
12. Force Majeure
Guardeer shall not be responsible for any delay or failure in performance caused by events
beyond its reasonable control, including but not limited to natural disasters, weather events,
fire, flood, strikes, labor disputes, accidents, transportation interruptions, government actions,
pandemics, or supply chain disruptions. In such cases, Guardeer’s obligations will be suspended
for the duration of the event, and Guardeer shall not be held liable for any costs, losses, or
damages suffered by the Customer as a result.
13. Governing Law
These Terms and any disputes arising out of or relating to them shall be governed by and
construed in accordance with the laws of the Province of Ontario and the applicable laws of
Canada. You agree that the courts located in Ontario shall have exclusive jurisdiction over all
disputes, claims, and proceedings relating to these Terms, the rental of Equipment, or
Guardeer’s services.
14. Amendments
Guardeer reserves the right to update or amend these Terms at any time without prior notice.
Any changes will be posted on our website with a revised “Effective Date,” and your continued
use of our services after such posting constitutes acceptance of the revised Terms. It is your
responsibility to review these Terms periodically to remain informed of any updates.
15. Contact Information
If you have any questions, concerns, or requests regarding these Terms or your rental of
Equipment, you may contact us at:
Guardeer Rentals
info@guardeer.ca
(289) 678-9387