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COMMERCIAL VEHICLE SUBSCRIPTION CONTRACT

To be signed on delivery of the vehicle

1-Nature and effective date of contract

Between Locations Louelec inc, 5500 Av. Royalmount, Mont-Royal, QC H4P 1H7 NEQ1175811786

And the commercial tenant identified in the Tenant Identification Sheet

 

Weeve makes available to the lessee
the car identified in the inventory sheet (delivery/return)

 

The terms and conditions of the contract may be modified at any time by Weeve; modifications are communicated on the e-mail indicated on the contract, at least 7 days before the effective date of the modifications.

1.1-Inclusions

What you obtain by this contract is the right to use the vehicle as authorized by this contract. You acknowledge that the vehicle remains the property of Weeve. No person other than Weeve may assign the vehicle or any rights or obligations under this agreement.  Any attempt by anyone other than Weeve to terminate or sublease the vehicle is null and void. 

 

The vehicle is supplied with the following inclusions:

Regular maintenance

4-season and winter tires

Tire rotation and storage

Flat tire repair or replacement (Plus option: limited to 1 tire per 3 consecutive months, Platinum option: reasonable limit)

Roadside assistance (manufacturer's)

Insurance for personal use (in addition to the insurance provided by Uber)

Repairs for breakdowns not caused by the renter 

Insurance for private use

Inspection fees for transporting people (SAAQ) and required documents

Unlimited mileage

Access to electric vehicle lanes

A25 toll transponder - free access for electric vehicles

Parking spaces reserved for electric vehicles

1.2-Exclusions

  • Vehicle recharging

  • Consumables (including windshield washer fluid)

  • Repairs for damage caused by the lessee

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  • Weeve makes no warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. Weeve cannot guarantee vehicle availability. 

  • The customer may not use the car until the deposit, $50 administration fee (for Plus/Platinum option, $0) and first rental period have been paid.

2-Nature and effective date of contract

Eligibility and obligations of the customer

The vehicle is insured by Weeve for personal use only. The vehicle may be used for professional purposes in accordance with the conditions of the platforms or companies transporting people, meals or parcels, provided that the hirer is a member in good standing of a platform or transport company that provides insurance to cover these activities, or if he/she acquires insurance specific to his/her professional use. 
 

The lessee must :

  • Be incorporated as a company authorized to operate a vehicle for commercial use; 

  • Be over 21 years of age;

  • Be in possession of the license authorizing him to drive this vehicle and provide a valid copy to Weeve, including his current address;

  • Declare and keep up to date the list of affiliations with ride sharing, cab or food or parcel delivery platforms;

  • Bring the vehicle at the required dates and times to the garage designated by Weeve for maintenance, contract renewals, or tire changes required by Weeve;

  • Keep the vehicle's maintenance book up to date and provide proof of servicing and maintenance on request;

  • Bring the vehicle on the required date to the SAAQ-affiliated garage designated by Weeve for inspections required by law when transporting people;

  • Keep stickers and/or domes visible at all times and/or comply with the rules governing the use of the vehicle, including daily inspections where applicable;

  • Notify Weeve of any damage to the vehicle, fender-bender, accident, breakdown or any unusual event associated with the vehicle within 24 hours;

  • Maintain vehicles in good general, operating and safety condition by carrying out repairs without delay.

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The lessee is responsible for all costs related to :

  • Traffic and traffic violations;

  • Tolls, parking fees and related taxes;

  • Electrical charging of the vehicle;

  • Cleaning and maintenance of the vehicle;

  • Windshield breakage and cracks (considered an at-fault accident by the insurance company, deductible applicable in all cases)

  • Consumables (windshield wipers and washers, tire pressure, light bulbs);

  • The cost of taking the vehicle to the garage for maintenance and tire changes;

  • Loss of use of the vehicle during maintenance, inspections or repairs; (in the case of the Plus/Platinum package, the subscription will be suspended or a replacement car will be provided - subject to availability - for any planned downtime in excess of 24 hours);

  • Abnormal or excessive wear and tear of the vehicle and its repair;

  • Damage to tires if winter tires are used in summer and summer tires in winter;

  • Mechanical breakdowns if he neglects to make an appointment for preventive maintenance; 

  • Taxes resulting from his activity.

 

The tenant may not: 

  • Use abusive or threatening language towards Weeve;

  • Smoke in the vehicle;

  • Allow anyone other than the renter to drive the vehicle, except in the case of a valet service or in serious and urgent circumstances;

  • Put the vehicle at the disposal of another person, with or without remuneration, for his or her personal or professional needs;

  • Use the vehicle for purposes other than those for which it is insured;

  • Carry out maintenance or repairs to the vehicle without the express prior approval of Weeve;

  • Modify the vehicle or any of its components without the express consent of Weeve; 

  • Destroy or intentionally damage the vehicle or be complicit in its theft;

  • Take or attempt to take the vehicle outside Canada without authorization;

  • Engage in irresponsible driving, including but not limited to dangerous driving for the renter and other drivers;

  • Failure to wear a seat belt, use a child safety seat or any other child safety device where required by law;

  • Overloading the vehicle;

  • Towing or pushing anything; unless the car is equipped with a trailer hitch, in which case the total towed weight must under no circumstances exceed 2,000lbs and for personal use only;

  • Driving off paved roads or on roads not regularly maintained;

  • Leaving the vehicle with the keys inside, or failing to lock the vehicle properly;

  • Driving under the influence of alcohol, drugs or any other substance likely to adversely affect a person's ability to drive safely;

  • Driving for any purpose likely to be the subject of a legitimate criminal charge such as the illegal transportation of passengers, drugs, contraband, any direct or indirect act of terrorism or causing harm or threat of any kind;

  • Driving for speed trials or speed competitions, races, rallies, endurance events or any other demonstration on open roads or closed circuits;

  • Driving for training purposes;

  • Use the vehicle to transport hazardous materials, explosives, bioactive materials harmful to human health or radioactive materials.

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Any use of the vehicle in a manner prohibited under the preceding provisions :

  • Immediate repossession of the vehicle;

  • Loss of any limit of liability for loss or damage to the vehicle;

  • Loss of any accident or liability coverage;

  • Constitutes a breach of this agreement and renders you liable to the fullest extent permitted by law for direct and indirect damages suffered by Weeve as a result of such breach, as well as for related costs incurred by Weeve and attorney's fees;

  • Will result in immediate billing of all costs related to the misuse of the vehicle and its consequences, including repair, reconditioning, abnormal wear and tear and administrative costs.

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If the vehicle is not returned on the scheduled date, is found illegally parked, appears abandoned or if the vehicle is used or has been used or obtained in a manner prohibited by this contract, if the renter neglects to make the required repairs, or neglects to pay his subscription resulting in a delay of 72 hours or more; Weeve may then at your expense repossess the vehicle at the time and place where it is found, make all necessary repairs and bill them to the renter plus an administration fee. You waive all rights and procedures whatsoever as a condition precedent to repossession of the vehicle.

3-Data capture and personal information

The vehicle is equipped with a global positioning system and other telematic systems. You authorize Weeve to use the technology included in the vehicle in particular to locate it, deactivate it, validate the follow-up of maintenance recommendations and collect any information deemed of interest by Weeve.

Weeve may collect personally identifiable information about you and may use it where reasonable grounds exist to protect its interests or activities, to comply with laws, to protect your interests or rights, your safety or that of third parties, or to pursue remedies or limit the damages Weeve may suffer. 

The confidentiality of the data collected is not guaranteed. Weeve reserves the right to share or resell anonymized data with partners of its choice.

You have the option of limiting the use of your data for marketing purposes and have access to your data for correction.

4-Return of the vehicle

The lessee must give 4 weeks' notice before returning the vehicle (2 weeks for the Plus option and 1 week for the Platinum option), with a minimum contract duration of 13 weeks (4 weeks for the Plus or Platinum option).

 

The contract has a minimum duration of 13 weeks (for Plus or Platinum packages: 4 weeks).

Following this, the contract is automatically renewed for a further 4 weeks (in the case of the Plus option: 2 weeks and Platinum: 1 week), without any time limit, until receipt of the 4-week return notice from the customer by e-mail (in the case of the Plus option: 2 weeks and Platinum: 1 week).

This contract therefore remains valid in the event of verification by road inspectors, until the vehicle is returned to Weeve.

 

Weeve cannot be held responsible for events such as a medical condition (even upon presentation of a medical opinion) or the deactivation of an Uber account; in the event of breach of contract resulting from such an event, all contractual penalties will apply.

 

The renter and Weeve will agree on a return time and place within one week of the return date. Late return, early return and date change fees apply. 

 

With the exception of normal wear and tear resulting from reasonable use, you must return the vehicle to Weeve in the same condition in which you received it. Any damage to the vehicle will be charged to the hirer, in particular :

  • Repair of hubcaps or rims;

  • Windshield replacement and calibration;

  • Tire replacement;

  • Tire repair;

  • Lost key;

  • Excessive scratches, bumps, dents;

  • Breakage of accessories or components.

 

It is your responsibility to return the vehicle professionally cleaned inside and out, and to remove all personal effects and synchronized Bluetooth data. If the vehicle requires more than standard cleaning upon return, Weeve will invoice you for the cost of cleaning the vehicle.

 

The vehicle remains subject to the terms and conditions of the contract until Weeve has inspected and accepted it. Weeve will refund the security deposit, less applicable fees if required, starting 30 days after vehicle acceptance (there may be delays if the 30th day is a weekend or holiday). In the event that the vehicle is returned after an accident requiring insurance activation, Weeve reserves the right to retain the security deposit for a longer period, indefinitely, until insurance has established and communicated the renter's liability or non-liability in said accident.

 

During the rental period, the lessee may return the vehicle to Weeve at any time with four weeks' notice (for Option Plus, 2 weeks; and Platinum, 1 week). The contract will then terminate and an early termination fee will be charged. 

 

In the event of force majeure (unforeseeable and unavoidable event resulting in the complete and definitive loss of use of the vehicle), the rental contract will be terminated.

5-Costs and billing

The Tenant and any person, company or entity appointed with the agreement of Weeve are jointly and severally liable to pay the costs incurred under this contract. 

 

Rent is payable by the tenant on a weekly basis. Invoices are sent on Wednesdays at the latest, payments are due on Thursdays at the latest for the coming week, from Friday to the following Thursday.

 

The first payment is due on delivery of the vehicle. The security deposit is due upon reservation of the vehicle.

 

The renter may be required to pay the following charges for failure to comply with the contract, plus applicable taxes, plus, in all cases, administrative fees:

  • Late, refused or rejected payment: $50+tx

  • Repossession of vehicle following non-payment (72 hours after deadline): late fee + $450+tx

  • Appointment missed or rescheduled with less than 24 hours' notice, notably at the garage, for vehicle pick-up or return, or for inspection: fee charged by third party where applicable + $50+tx

  • Late return of vehicle: additional rental days;

  • Termination of contract or early return: the greater of the remaining 13 weeks of minimum contract, or 4 weeks of subscription less the notice given (in case of Plus option, the greater of the remaining 4 weeks of minimum contract, or 2 weeks of subscription less the notice given; in case of Platinum option, the greater of the remaining 4 weeks of minimum contract, or 1 week of subscription less the notice given);

  • Abnormal or excessive wear and tear: repair costs + loss of use costs for the duration of the repair;

  • Cleaning upon return of vehicle: interior $35+tx, exterior $35+tx, seat shampoo: $75+tx, carpet shampoo: $75+tx

  • Insufficient charge upon return of vehicle: $2+tx per â…›

  • Insufficient gas upon return of vehicle: $10+tx per â…›

  • Stuck in snow or mud: towing fees

  • Lost key or card: towing fees if required plus cost of the key at the dealership plus cost of delivery of the key plus loss of use fees for the duration of the key replacement;

  • Accidental lockout: towing fees if required plus assistance fees;

  • Power outage: towing fees if required plus intervention fees plus electricity costs;

  • Accident or breakdown of the car: towing costs if required plus assessor’s fees if required plus restoration costs plus rental or loss of use costs for the period of repair – up to the applicable deductibles;

  • Taxes, recovery fees, airport fees, government, legal or regulatory fees: if applicable, amount of fees as provided by law;

  • Breakage or damage to GPS devices, car seats or accessories provided: replacement costs plus delivery costs plus loss of use costs if required;

  • Flat tire (if the customer has neglected to have their seasonal tires changed or if the tires are 3/32’ or less): price of the tire + labor + towing and any other related costs;

  • Mechanical breakdown (if the customer has neglected to have the revisions requested by the manufacturer done): price of parts + labor + towing and any other related costs;

  • Smoking fees: $1,000 plus loss of use costs for 2 days;

  • Damaged wheel or rims: $150 + tax

  • Cracked windshield: $1,200 + tax deductible for Basic package, $1,000 + tax for Plus option and $250 + tax for Platinum option

  • Unpaid tolls; unpaid parking fees; traffic or highway code violation fees; fines; penalties and interest and taxes incurred: amounts due and administrative fees.

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The administrative fees are currently $50 + applicable taxes (except for ticket management, where the fees are $20 + tax).

The loss of use fees are equal to the daily cost of the rental.

The applicable interest rate is 18%.

The deductible amount is currently $2,500 (Weeve) and $2,250 (Uber), in the case of the Plus option package, $1,500 (Weeve) and $1,250 (Uber); and for Platinum, $1,250 (Weeve) and $1,000 (Uber);

The tenant is required to pay the cost of their rental in full before the end of the rental period. Weeve may deduct any amounts due from your security deposit. Fees continue to accrue until the vehicle is returned to Weeve and the full balance is paid or, in the event the vehicle has been stolen, until the Customer has reported the theft to the Quebec police and to Weeve.

In the event of non-payment, Weeve reserves the right to recover the vehicle at your expense without notice and to resort to the amounts owed using all legal means at its disposal.

6-Responsibilities and guarantees

Weeve shall not be liable to the Tenant or any third party for any loss or damage to his or her personal effects, for any reason whatsoever, and the Tenant waives any claim against Weeve for any loss or damage to his or her personal or business effects.

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The Tenant agrees to release Weeve from any liability for any loss, claim or damage and all related costs in excess of the amounts insured or not covered by insurance.

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Weeve shall not be liable for any indirect, special or consequential damages, including loss of profits, arising in any way from any matter covered by this contract.

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Renter is responsible for any loss or damage to the vehicle resulting from any cause whatsoever, including but not limited to collision, rollover, theft, vandalism, seizure, fire, flood, hail or any other act of God, regardless of actual liability. Renter is responsible for the cost of repairs up to the value of the vehicle as well as loss of use, towing, storage, impound and administration fees. These fees may be added to the rental charges. Weeve’s insurance, if included in the contract, may cover these costs, with the exception of the deductible, if such damage is incurred under conditions covered by the insurance contract. If insurance is provided by Renter, Renter grants Weeve a limited power of attorney authorizing it to submit claims against its insurance company for loss or damage to the vehicle.

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Renter must promptly report any accident, theft or vandalism involving the vehicle to Weeve and the local police. Renter must fully cooperate with Weeve and the police in any investigation or claim that may arise. Failure to cooperate may result in the cancellation of all liability and insurance protection.

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Renter waives any right to a hearing or to receive any notices or legal proceedings as a condition precedent to Weeve repossessing the vehicle in the event of use of the vehicle prohibited by the contract or non-payment.

Renter understands that this contract is between two commercial entities and that Renter is therefore not designated as a consumer within the meaning of the law.

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No term of this contract may be waived or modified.

 

The contract is governed by the law of the territory where the rental begins, without giving effect to the choice of law rules attached thereto. The renter irrevocably and unconditionally consents to submit to the jurisdiction of the courts located in this territory.

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* If the customer takes a replacement vehicle after an accident, a payment agreement will be put in place for the payment of the deductible with a first payment of $500 (upon recovery of the replacement vehicle) and the remainder due will be collected on the following 5 weekly invoices. After the end of the investigation conducted by the insurance company, in the event of a declaration of non-responsibility by the payment of the deductible, the amount of the deductible paid up to the date of the decision will be fully refunded to the customer. In the event of choosing the subscription break, the PLUS (or PLATINUM) option is always due, even without a replacement car.

** on the date of return of the vehicle, BOTH conditions must be met: minimum duration AND notice of return given in advance.

*** Please note that the time frame may be longer than stipulated above if a repair estimate for a damaged returned vehicle needs to be made by Weeve or if an investigation for a claim is not concluded by the insurance company.

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