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Equipment Loan Terms & Conditions

Concordia University, Faculty of Fine Arts 

1. Borrowing Agreement

The “Policy on Insurance”, “Equipment Loan Terms & Conditions” and the Check Out Document signed by the Borrower/User together constitute the Borrowing Agreement between the Borrower/User and the Faculty of Fine Arts, Concordia University.

2. Equipment Return

The Borrower/User must return the equipment on the date and time indicated on the Check Out Document. The Borrower/User shall return equipment sooner on the request of Concordia University (Fine Arts).

The equipment must be returned to the agreed upon return location as specified on the Check Out Document. A special charge may apply if returned to a different location.

3. Special Charges, Added Costs and Expenses

Facilities: The Borrower/User is responsible for returning a space to its proper (zero) state after each use. If a space is left in any other state, including any belongings being left behind, the Borrower/User agrees to pay an added cost of $300, as well as any additional costs incurred by Concordia University (Fine Arts) while returning the space to a proper state.

Equipment: The Borrower/User is responsible for returning the equipment to the equipment’s checkout centre, which is specified on the equipment checkout form. If equipment is not returned to the specified home location without Concordia University’s (Fine Artss) written permission, the Borrower/User agrees to pay an additional $300 as a flat recovery fee, as well as any additional costs incurred by Concordia University (Fine Arts) while securing the return of that equipment.

The late return of equipment will constitute the following added cost schedule: $5 per hour late or $150 per day/overnight.

Repeated offences may result in revocation of borrowing privileges. The Borrower/User must pay a reasonable fee for cleaning/ repair of equipment or space upon return for any wear attributable to the Borrower/User’s use. The Borrower/User will pay all added costs with respect to the use of the equipment or space on loan to him/her. If the Borrower/User fails to pay such added costs, s/he may have all access to facilities and equipment within the Fine Arts Research Facilities, suspended until the added costs are paid.

4. Error in Charges

The charges shown on the Check In Record are not final and are subject to recalculation. The Borrower/User will pay any undercharges and will receive a refund for any overcharges discovered on review.

5. Prohibited Use of the Equipment

The Borrower/User will not: i) use or permit the equipment to be used while under the influence of alcohol or a controlled substance; for conduct that could properly be charged as a crime; or in a way that constitutes abuse of the equipment; ii) fail to promptly report a theft or incident to the Police, Security and Concordia University (Fine Arts); iii) fail to provide Concordia University with a Police/ Security report or fail to cooperate with Concordia University’s investigation; iv) obtain the equipment through fraud or misrepresentation; v) leave the equipment unattended.

A violation of any Prohibited Use condition shall automatically terminate the Borrower/User’s loan and make the borrower/user immediately liable to Concordia University (Fine Arts) for all related costs of any kind, including but not limited to forfeitures, liens and all recovery and storage costs and all related legal expenses.

6. Who Else May Use the Equipment

Other than the Borrower/User, the Equipment may be used only by another authorized and approved University member or official collaborator who holds the proper accreditation for operating the equipment.

7. Indemnification

The Borrower/User agrees to indemnify Concordia University (Fine Arts) for any loss, liability and expense that is incurred as the result of his/her use of the equipment: i) which exceeds the greater of the minimum limits imposed by applicable law or the limits of any liability insurance that the Borrower/User furnishes to Concordia University (Fine Arts); or ii) which results from any unauthorized use or prohibited operation of the equipment.

8. Repossessing the Equipment

Concordia University (Fine Arts) can repossess the equipment anytime it is found being used to violate the law or the terms of this agreement, or appears to be abandoned or when it is discovered that a misrepresentation was made to obtain the equipment. Concordia University (Fine Arts) need not notify the Borrower/User thereof. If the equipment is repossessed, the Borrower/User agrees to pay the actual costs incurred by Concordia University (Fine Arts) to repossess and restore the equipment.

9. Collections

All charges, fees and expenses, including payment for loss or damage to the equipment, are due immediately upon Concordia University’s (Fine Arts) demand. If the Borrower/User does not pay all charges when due, the Borrower/User agrees to pay a late charge on any past due balance. The Borrower/User will pay any collection costs, including a service charge for any cheque that is not honored by a financial institution and Concordia University’s (Fine Arts) attorney’s fees if the Borrower/User fails to pay any amount when due. In accordance with law, Concordia University (Fine Arts) may contact the Borrower/User, or the Borrower/User’s employer at their place of business in order to secure payment, including the seizure or garnishment of wages where applicable.

10. Loss or Damaged Property

Concordia University (Fine Arts) is not responsible for loss or damage to any property resulting from the Borrower/User’s usage of the equipment. The Borrower/User is solely responsible to third parties and shall indemnify Concordia University (Fine Arts) for any claims asserted by third parties against Concordia University for loss or damage.

11. Meaning of “Equipment”

The word “Equipment” in this agreement means the equipment borrowed, including any and all tools, accessories, software and documents.

12. Changes

Any changes in the Check Out Document, the Policy on Insurance or in the Equipment Loan Terms and Conditions, must be in writing and signed by the Borrower/User and by the Dean of Fine Arts or the Executive Assistant to the Dean of Fine Arts, Concordia University.

13. Accreditation

The Borrower/User or signatory of the agreement certifies that s/he holds a valid accreditation authorizing them to operate the equipment described in the agreement and the Borrower/User undertakes to ensure that any person called upon to operate the equipment also holds a valid accreditation.

14. Access Cancellation

Concordia University (Fine Arts) reserves the right to refuse access to a Borrower/User when there is misuse of the equipment/ facilities or a disregard for policies and procedures.

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