EQUIPMENT RENTAL AGREEMENT
THIS EQUIPMENT RENTAL AGREEMENT (AGREEMENT) is made of even date as the Merchant Application and Agreement (Merchant Agreement) by and between Nuvei Technologies Corp., having a place of business at 1100 Boulevard Ren-Lvesque O #900, Montral, QC H3B 4N4 (Nuvei) and Merchant.
WHEREAS Merchant has entered into a Merchant Agreement with Nuvei for the processing of payment card transactions;
AND WHEREAS Nuvei has agreed to rent certain processing-related equipment (Equipment) to Merchant;
NOW THEREFORE, the parties agree as follows:
RENTAL. Subject to the terms and conditions hereof, Nuvei hereby agrees to rent Equipment to Merchant for a monthly fee per item of Equipment, the whole as set forth in the Merchant Agreement. TERM AND TERMINATION. The term of this Agreement shall follow that of the Merchant Agreement, as defined in section 4.01 of the Merchant Agreement, unless sooner terminated pursuant to this Section. Merchant may terminate this Agreement by providing no less than 30 days notice to Nuvei. For the avoidance of doubt, Merchants obligation to pay any outstanding fees or other amount hereunder shall survive termination of this Agreement for any reason. In the that this Agreement terminates for any reason, Merchant shall, within twelve (12) weeks of the date of termination, and at Merchants sole expense, return the Equipment to Nuvei in its original condition (save for normal wear and tear). If Nuvei does not receive the equipment within said timeframe, Merchant agrees to immediately pay to Nuvei the amounts corresponding to the unreturned Equipment $200 per terminal. All amounts are in Canadian Dollars.
REPRESENTATIONS AND WARRANTIES OF NUVEI. NUVEI MAKES ABSOLUTELY NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY EQUIPMENT AND EXPRESSLY DISCLAIMS SAME.
INDEMNIFICATION. Merchant agrees to indemnify and hold Nuvei harmless from and against all claims, liability, damage, loss or expenses which may occur to or arise from the rented equipment, including any costs relating to collections and/or the return of such rented equipment.
LIMITATION OF LIABILITY: AMOUNT. IN NO EVENT SHALL NUVEI BE LIABLE TO MERCHANT FOR ANY LIABILITY, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, IN AN AMOUNT GREATER THAN THE WHOLESALE VALUE OF THE RENTED EQUIPMENT.
LIMITATION OF LIABILITY: DAMAGES. IN NO EVENT SHALL NUVEI BE LIABLE TO MERCHANT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS AND REVENUE, LOSS OF DATA OR LOSS OF USE, ARISING OUT OF THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING THE RENTED EQUIPMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
GENERAL. This Agreement, together with any documents to be delivered pursuant hereto, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. Any terms used herein but not defined shall have the same meaning as is ascribed to such term in the Merchant Agreement. This Agreement shall be governed by and interpreted exclusively in accordance with the laws of the Province of Ontario, whose jurisdiction the parties hereto irrevocably submit. All amendments to this Agreement must be in writing. This Agreement was drafted in English at the express wish of the parties. Ce contrat a t rdig en franais la demande expresse des parties. 0149012.0751650 4871-9583-1420v10