Purchase Terms
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Maintenance Terms

1. MAINTENANCE OF RINK
1.1 On the terms of the Agreement:
(a) Center Ice Home Arenas (CIHA) is authorized to access the client’s property in order to perform the agreed upon maintenance services.
(b) The client will provide any necessary infrastructure elements such as hot water and electricity in order to perform the agreed upon maintenance services.
(c) Maintenance may be scheduled in advance, no later than 24 hours prior to the required time.
(d) Maintenance may include but is not limited to snow removal from the rink surface, snow removal from the house to the rink, flooding, ice resurfacing and repair, minor board repairs.
(e) Maintenance and servicing of any refrigeration equipment will be sub-contracted to a licensed and reputable refrigeration technician as required and upon the expressed request of the client prior to any services being performed.

2. PAYMENT FOR MAINTENANCE SERVICES
2.1 The Owner must pay for the maintenance services at the rates current at the commencement of the maintenance period.
2.2 Payment by the Owner for the Storage Period is due upon receipt of the invoice.
2.3 The Owner must payment under these terms to CIHA or as directed by CIHA and by the method required by CIHA, on time without deduction and upon demand (unless these terms specifies otherwise)

3. ACKNOWLEDGEMENT, RISK AND IDEMNITIES
3.1 The Owner releases CIHA from any liability, action or demand due to damage;
(a) Caused by electrical failure;
(b) Caused by mechanical failure
3.2 The Owner indemnifies CIHA, its employees and agents from and against all claims, demands, actions, loss, costs and expenses brought or made against or suffered or incurred by CIHA arising directly or indirectly out of:
(a) The actions, omissions or negligence of the Owner and the Owner’s servants or agents (including any contractor employed by the Owner);
(b) Any default by the Owner under these terms;
(c) Misuse by the Owner or any of its contractors of any services made available by CIHA;
(d) Any other cause other than the sole negligence of CIHA, its employees and agents

4.INTEREST ON OVERDUE AMOUNTS
4.1 Without limiting any other right or remedy available to CIHA, whether under these terms, at law, in equity or otherwise, the Owner agrees to pay to CIHA interest on any amount due to CIHA under these terms at the rate 2.5% for each month or part of a month that such amounts remain unpaid after the due date for payment. If CIHA obtains a judgment against the Owner, the Owner must pay interest on the amount of the judgment at the higher of the rate prescribed by legislation or the rate specified under this clause for each month or part of the month that the judgment remains unpaid.

5. TERMINATION
5.1 CIHA or the Owner may terminate maintenance services at any time by giving the other 7 days written notice.
5.2 If the Owner breaches these terms then CIHA may immediately terminate the maintenance services by written notice to the Owner.
5.3 Upon termination of the maintenance services (whether by termination under this clause or otherwise) the Owner must immediately pay all outstanding fees and other money payable to CIHA pursuant to these terms.
5.4 The expiry of these terms (whether by termination under this clause or otherwise) shall not prejudice or effect any rights or remedies available to CIHA under these terms, at law, in equity or otherwise.

6. GENERAL CONDITIONS
6.1 The Owner:
(a) Must comply with all reasonable directions given to the Owner by CIHA’s employees charged with the servicing of the rink and refrigeration equipment.

7. CREDIT CARD PAYMENT
7.1 The Owner authorizes CIHA to charge the Owner’s credit card for any payments that are due and owing to CIHA by the Owner under these terms.

8. PRIVACY
8.1 CIHA holds all information it obtains about the Owner pursuant to the Privacy Principles of the Privacy Act (PIPEDA). 16.2 Information is collected for the purposes of carrying out these terms or enforcing the CIHA’s rights under these terms.

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Storage Agreement

1. STORAGE OF PROPERTY
1.1 On the terms of the Agreement:
(a) Center Ice Home Arenas (CIHA) is authorized to collect the rink materials and/or chiller from the customer’s property or designated pickup area and move the said materials to the Storage Area.
(b) CIHA will return the rink materials and/or chiller from the Storage Area to the the customer’s property or a designated drop off area at the end of the storage period.
(c) CIHA will perform any other services as the parties agree.

2. PAYMENT FOR RINK STORAGE
2.1 The Owner must pay for the rink/chiller storage at the rates current at the commencement of the Storage Period.
2.2 Payment by the Owner for the Storage Period is due upon CIHA taking possession of the rink/chiller
2.3 The Owner must pay CIHA charges for any other services performed by CIHA and any Storage in excess of the Storage Period at the rates set by CIHA from time to time.
2.4 The Owner must payment under this Agreement to CIHA or as directed by CIHA and by the method required by CIHA, on time without deduction and upon demand (unless this Agreement specifies otherwise)

3. LIEN
4.1 The Owner grants CIHA a lien over the Rink and/or chillers for all charges pursuant to the Agreement including any expenses incurred by CIHA pursuant to clause
4.2(b) 4.2 If any amount payable under this Agreement remains unpaid for 60 days after due date for payment then:
(a) CIHA may as the Owner’s agent sell the Rink and/or chiller in such manner and so such terms CIHA in its absolute discretion decides;
(b) CIHA may deduct from the sale proceeds of the Rink and/or chiller all unpaid storage fees, sale costs, legal costs, charges and other money payable by the Owner to CIHA arising out of the storage of the Rink and/or chiller whether pursuant to this Agreement or otherwise together with any amount necessary to clear any encumbrance effecting the Rink and/or chiller in favour of a third party;
(c) Any remaining surplus of the sale proceeds, after CIHA makes any deduction under paragraph
(b) of this clause, shall be sent by CIHA to the Owner at the Owner’s last known address but if the Owner cannot, after reasonable endeavours, be located, the Owner hereby irrevocably authorises CIHA to donate the surplus sale proceeds to a charity of CIHA’s choice.

4. PROPERTY ABANDONMENT
4.1 Unless prior written agreement is reached with CIHA, if a rink and/or chiller remains at the Storage Area for a period in excess of 60 days or if a rink and/or chiller remains at the Storage Area for a period in excess of 60 days after the expiration of the Storage Period then the said property will be deemed abandoned and the Owner authorizes CIHA to deal with the property in any manner that CIHA deems fit, including but not limited to moving the said property to other premises or disposing of the rink and/or chiller.

5. OWNER’S WARRANTIES
5.1 The Owner warrants and represents to CIHA that at the date of this Agreement:
(a) The Owner is the lawful owner of the rink and/or chiller;
(b) The rink and/or chiller is free from all encumbrances, claims or liens;
(c) The Owner is not bankrupt nor has any Receiver been appointed over or in respect of any of the Owner’s assets;
(d) The Owner has not agreed to sell the rink and/or chiller to any third parties.
5.2 If any act, matter or thing occurs or becomes known to the Owner which is inconsistent with the warranties and representations contained in this clause, the Owner must immediately give CIHA written notice of that act, matter or thing.

6. ACKNOWLEDGEMENT, RISK AND IDEMNITIES
6.1 The Owner acknowledges that the rink and/or chiller is in the condition as described in the Condition Report at the time that CIHA collects the Rink and/or chiller;
6.2 The Owner releases CIHA from any liability, action or demand due to damage;
(a) Caused by electrical failure;
(b) Caused by mechanical failure
6.3 The Owner indemnifies CIHA, its employees and agents from and against all claims, demands, actions, loss, costs and expenses brought or made against or suffered or incurred by CIHA arising directly or indirectly out of:
(a) The actions, omissions or negligence of the Owner and the Owner’s servants or agents (including any contractor employed by the Owner);
(b) Any default by the Owner under this Agreement; (
c) Misuse by the Owner or any of its contractors of any facilities or services made available by CIHA;
(d) The use of the Storage Area
(e) Any other cause other than the sole negligence of CIHA, its employees and agents

7. CLAIMS
7.1 Any claims made by the Owner with respect to the condition of the rink and/or chillere after the Storage Period must be made within one hour if the said property being returned to the Owner by CIHA. The Owner releases and forever holds harmless CIHA for any claims not notified to CIHA in that time.
7.2 If the Owner fails to complete a condition report at the beginning of the Storage Period than CIHA may (although is not obliged to) complete a condition report, in which case the Owner accepts this condition report. If CIHA does not complete a condition report, then the Owner forfeits any right the Owner may have either in law or in equity against CIHA with respect to the condition of the Rink and/or chiller.

8. CHANGE OF ADDRESS AND NOTICE
8.1 The Owner must notify CIHA immediately of and change in the Owner’s address or contact details (including the Alternative Contacts). CIHA may serve any notice by forwarding it by post to the address last notified by the Owner and the notice shall be deemed to have been received on the day that the Notice should have arrived in the ordinary course of the post.

9. INTEREST ON OVERDUE AMOUNTS
9.1 Without limiting any other right or remedy available to CIHA, whether under this Agreement, at law, in equity or otherwise, the Owner agrees to pay to CIHA interest on any amount due to CIHA under this Agreement at the rate 2.5% for each month or part of a month that such amounts remain unpaid after the due date for payment. If CIHA obtains a judgment against the Owner, the Owner must pay interest on the amount of the judgment at the higher of the rate prescribed by legislation or the rate specified under this clause for each month or part of the month that the judgment remains unpaid.

10. ACCESS
10.1 CIHA reserves the right to impose conditions as to the time and manner of access to the rink and/or chiller by the Owner or any person authorized by the Owner and is not obliged to provide access to the rink and/or chiller or to permit its removal from the premises unless CIHA is satisfied that the person or persons seeking access to the rink and/or chiller are properly authorized by the Owner.
10.2 CIHA shall be entitled to refuse access to the Rink and/or chiller and to prevent its removal where moneys are owing by the Owner to CIHA or if CIHA exercises its lien pursuant to clause 3.

11. TERMINATION
11.1 CIHA or the Owner may terminate this Agreement at any time by giving the other 7 days written notice.
11.2 If the Owner breaches this Agreement than CIHA may immediately terminate this Agreement by written notice to the Owner.
11.3 Upon termination of this Agreement (whether by termination under this clause or otherwise) the Owner must immediately remove the rink and/or chiller from the Storage Area and pay all outstanding storage fees and other money payable to CIHA pursuant to this Agreement. For the purpose of this provision, storage fees will continue to accrue from the date of termination until the date of removal.
11.4 The expiry of this Agreement (whether by termination under this clause or otherwise) shall not prejudice or effect any rights or remedies available to CIHA under this Agreement, at law, in equity or otherwise.
11.5 Transfer of title in the rink and/or chiller (whether by sales or otherwise) will not terminate this Agreement and the Owner remains liable under this Agreement until this Agreement is discharged or CIHA enters an agreement with the new Owner

12. GENERAL CONDITIONS
12.1 The Owner:
(a) Must only use the storage facility of CIHA for storage of the Rink and/or chiller and may not store in or with the Rink and/or chiller any goods that are hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable or that are a risk to property or person (except to the extent that the goods of such nature are ordinarily found in rink and/or chillers and cannot be reasonably removed from the rink and/or chiller);
(b) Cannot assign this Agreement;
(c) Gives permission to CIHA to discuss any matter arising under this Agreement with the Alternative Contact;
(d) Must comply with all reasonable directions given to the Owner by CIHA’s employees charged with the administration of the storage area.

13. CREDIT CARD PAYMENT
13.1 The Owner authorizes CIHA to charge the Owner’s credit card for any payments that are due and owing to CIHA by the Owner under this Agreement.

14. PRIVACY
14.1 CIHA holds all information it obtains about the Owner pursuant to the Privacy Principles of the Privacy Act (PIPEDA).
16.2 Information is collected for the purposes of carrying out this Agreement or enforcing the CIHA’s rights under this Agreement.