Battery Loan Program Terms & Conditions

1. Parties. The “Customer” refers to the individual as set forth on the Battery Loan Program Application Form (the “ Application Form”), and “Hydro Ottawa” refers to Hydro Ottawa Limited, an Ontario Corporation with a registered office located at 2711 Hunt Club Road, P.O. Box 8700 Ottawa, Ontario, K1G 3S4. Each of the Customer and Hydro Ottawa are herein collectively referred to as the “Parties”.
2. Terms. The following terms and conditions (the “Terms”) apply to the Customer in borrowing an EcoFlow portable power station, together with any accessories (the “Equipment”), from Hydro Ottawa. The Terms represent the entire agreement between the Parties with respect to the Equipment. The Terms shall govern in the event of a conflict between the Terms and those set out in any other document relating to the Equipment. Should any term herein be held to be illegal or unenforceable, it will be considered separate and severable and the remaining terms will remain in force to the fullest extent permitted by law. Any failure of Hydro Ottawa to insist upon strict performance by the Customer of any term herein is not a waiver of Hydro Ottawa’s right to demand strict compliance. The Terms are binding upon the Parties hereto, their respective heirs, successors and permitted assigns.
3. Conditions of Service. Hydro Ottawa’s operating practices and connection policies, made in accordance with the Ontario Energy Board’s Distribution System Code, as amended from time to time (“Conditions of Service”) are hereby incorporated by reference into and form part of the Terms.
4. Eligibility. To enter and be eligible to for the Program, the Customer represents and warrants that they are: (i) an individual 18 years or older; (ii) a Hydro Ottawa residential customer, who has a valid and active account in good standing; and (iii) are authorized to enroll in the Program. Hydro Ottawa shall have the right at any time to require proof of identity and/or eligibility to participate in the Program. Failure to provide such proof may result in termination. Hydro Ottawa, in its sole discretion, reserves the right to disqualify any application should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
5. Lending Period. The period commencing on and including the day of actual delivery of the Equipment to the Customer or its permitted agent (“Delivery”) and ending on and including the day of actual return of the Equipment to Hydro Ottawa (the “Lending Period”).
6. Equipment Delivery and Return. The Customer will comply with Hydro Ottawa’s delivery and return policy and directives, as specified by Hydro Ottawa from time to time. The Customer agrees to return Equipment in the same (or better) condition as they were issued. The Customer agrees to pay for the loss of or damage to the Equipment or part thereof, and further agrees to accept Hydro Ottawa’s assessment of condition of items and to further agree to Hydro Ottawa’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of items in part or in total. This restitution amount could equal up to the full replacement cost of the Equipment plus an administrative fee. Any amounts owing will be applied to the Customer’s Hydro account, payable within 30 days, failing which, shall bear interest at the rate of 1.5% per month (19.56% per annum).
7. Customer Obligations. The Customer’s obligations under the Terms, during the Lending Period, include, but are not limited to the following:
   1. The Customer, at its own expense, shall maintain and return the Equipment to Hydro Ottawa in clean condition, good repair and running order;
   2. The Customer shall ensure that the Equipment is not subjected to careless or needlessly rough usage;
   3. The Customer shall not remove, alter, disfigure or cover up any identification or insignia displayed upon any of the Equipment;
   4. The Customer shall comply with all applicable laws (including federal, provincial and municipal statutes, regulations and bylaws) of whatever nature;
   5. The Customer shall not operate and/or use the Equipment: (i) illegally or for any illegal purpose, (ii) when it is unsafe or the Equipment is not working properly and shall immediately notify Hydro Ottawa of such issues, (iii) improperly or for some unintended purpose, (iv) other than in accordance with the Equipment manufacturer’s operating instructions, and (v) at any location other than the Customer’s premises, as identified in the Application Form;
   6. The Customer shall not allow any other person to operate the Equipment, unless that person is capable and under the Customer’s direct care and constant supervision; and
   7. The Customer shall keep the Equipment free and clear of all liens, charges and encumbrances; failing which the Customer shall pay, on demand, amounts required to release any liens against the Equipment, or to pay any outstanding fines, penalties or fees applicable to use of the Equipment during the Lending Period. During the Lending Period, the Customer agrees to not relinquish possession or control of the Equipment, or sell, pledge, mortgage or otherwise encumber the Equipment or any part of it, or assign or encumber any interest hereunder. The Customer further agrees that the Equipment shall not be affixed to real estate in such manner as to become a fixture or a part of real estate, or to other goods in such manner as to become an accession to or a part of such other goods.
8. Indemnification. The Customer shall indemnify and hold Hydro Ottawa, its affiliated and related companies, and each of their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (the “Indemnified Parties”) harmless from and against all injuries, damages, claims, liability, losses, lost profits, penalties, fines, liens, costs and expenses, including, without limitation, all reasonable costs of collection, legal and court costs and other expenses incurred by the Indemnified Parties in the collection of any the Equipment, sums of money owed for damage to the Equipment, or in connection with the enforcement of the Terms hereof (collectively, “Losses”) which the Indemnified Parties may suffer or may be required to pay by reason of the Customer’s breach of any one or more Terms hereunder or for personal injuries (including death) or for property damages of any kind (including, without limitation damages to the Equipment) suffered by any person by reason of the Equipment or the operation, handling, or use thereof during the Lending Period or while the Equipment in the possession of the Customer. For greater clarity, the Customer agrees to indemnify the Indemnified Parties where any family member, occupant or guest seeks damages against the Indemnified Parties for any reason that is connected with the Terms or the Equipment. Losses become due and payable immediately by the Customer and are collectible by Hydro Ottawa without proof of damages. The use of false identification to obtain the Equipment or the failure to return the Equipment by the due date may be considered a theft subject to criminal prosecution pursuant to applicable provisions of the Criminal Code or any other applicable law. The appraisal for any loss or damage to the Equipment will be based on the replacement cost of the Equipment without deduction for depreciation.
9. Limitation of Liability. The aggregate liability of Hydro Ottawa, if any is assessed by a court of competent jurisdiction, shall be limited to one hundred Canadian dollars ($100.00 CAD). Otherwise, Hydro Ottawa shall have no further liability under the Terms, or otherwise, regardless of the legal cause of action or damage asserted and, for greater clarity, in no event will Hydro Ottawa be liable for: (i) special, consequential, punitive, incidental or indirect damages (including without limitation, damages for loss of profit, loss of business opportunity and other economic loss) arising from any reason whatsoever, whether or not loss is based on contract, warranty, negligence, indemnity or otherwise; (ii) any lost, late, delayed, misdirected or incomplete Application Forms, notifications, responses, or replies; (iii) any computer, online, hardware, software or technical malfunctions that may occur during the Program (including but not limited to malfunctions that may affect the transmission of an Application From); and (iv) any injury, loss, or damage to the Customer’s property connected to the Equipment, including, but not limited to all electronic devices and computers.
10. Warranties. Hydro Ottawa makes no warranties or conditions, either express or implied, as to any matter whatsoever, including, without limitation, the condition or quality of the Equipment, its fitness for a particular purpose, or that it is suited for the Customer’s intended use. The Customer hereby waives all claims against Hydro Ottawa for any Losses which the Customer may have against Hydro Ottawa, either directly or indirectly, by reason of the condition of the Equipment or its suitability for any particular purpose.
11. Termination. Should the Customer become bankrupt, insolvent or make an assignment for the benefit of its creditors, have a receiver or other person with similar powers appointed, or in the event of any actual or anticipated breach of the Terms by Customer, Hydro Ottawa shall immediately re-take possession of the Equipment without becoming liable for trespass, recover any amounts owing (including, without limitation, any Losses) without prejudice to or waiver of any other rights or remedies, and may terminate the Terms. Should the Customer breach any of its obligations contained herein, including, but not limited to failing to promptly return the Equipment in good and running order, Hydro Ottawa may, without notice, terminate the Terms and recover any amounts owed hereunder. All outstanding obligations shall survive any termination of the Terms. Notwithstanding anything contained herein, Hydro Ottawa may reject any Application Form, cancel the Program, and/or terminate the Terms at any time and for any reason and without notice.
12. Governing Law. This Order and the conduct of the parties with respect to the formation and performance of this Order are governed by and are to be construed and interpreted in accordance with the laws of Ontario and the laws of Canada applicable in Ontario. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Ontario and the Federal Court of Canada.
13. Amendment and Assignment. Only Hydro Ottawa may amend the Terms and make changes to the Program at any time, for any reason, and without prior notice to the Customer. The Customer may not assign the Terms to any other party.
14. Dispute Resolution. All disputes, disagreements, controversies, questions or claims arising out of or relating to the Battery Loan Application, or in respect of any legal relationship associated with or arising from the Terms, including with respect to the formation, execution, validity, application, interpretation, performance, breach, termination or enforcement, will be determined by litigation in the Ottawa Small Claims Court, a branch of the Superior Court of Justice of Ontario, the jurisdiction of which the parties irrevocably attorn.