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Terms of Use

Please read this Terms of Use and Disclaimer and the Guardian Leasing Corp. “GLC” Privacy Policy carefully. By accessing this Web Site, submitting information to GLC or utilizing the features of this Web Site, you agree to be bound by all of the terms and conditions in the Terms of Use and Disclaimer and the Guardian Leasing Corp. Privacy Policy. If you do not agree with the Terms of Use and Disclaimer or the Guardian Leasing Corp. Privacy Policy, do not access this Web Site.

Use of this Web Site

While GLC has tried to ensure the accuracy, currency and reliability of this Web Site, GLC does not accept any responsibility or liability arising from the use of this Web Site including from any error, omission or from the use of any information contained in this Web Site as explained in EXCLUSION OF WARRANTIES and LIMITATION OF LIABILITY below. Due to the nature of the Internet, it is not possible for GLC to limit access of this Web Site to those jurisdictions in which it does business. Services, products, or advertisements in this Web Site may therefore not be eligible for solicitation in your jurisdiction. You should not consider anything at this site as an advertisement, offer to sell or as a solicitation of an offer to buy any product or service from GLC. This Web Site is for use only by persons residing in jurisdictions where GLC’s services, advertisements or information may legally be offered. You may not link to any page of this Web Site, unless specifically authorized by GLC to do so.

GLC does not provide mortgages directly and does not act as a mortgage broker or hold itself out to deal in mortgages. Any mortgage business derived as a result of the use of this site may be referred to a mortgage specialist, agent or broker.

Copyright, Trademarks and Trade Names

Except where indicated, all content included on this Web Site, including text, graphics, button icons, images, date compilations and software is the property of GLC and is protected by Canadian and international copyright laws.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this Web Site may constitute trade names, trademarks or service marks of GLC or other entities. Trademarks may be registered in certain countries as applicable. A display of trademarks on pages of this Web Site does not imply that a license of any kind has been granted. Any unauthorized downloading, retransmission or other copying or modification of trademarks and/or the contents herein may be a violation of the applicable trademark laws in your jurisdiction and could subject the copier to legal action.
Unless otherwise specified, no one has permission to copy, redistribute, reproduce or publish in any form, any information found at this Web Site.

EXCLUSION OF WARRANTIES

GLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ADEQUACY, ACCURACY, SECURITY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS WEB SITE OR THE INFORMATION CONTAINED IN THIS WEB SITE AND GLC EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEB SITE OR THIS INFORMATION CONTAINED IN THE WEB SITE. THIS INFORMATION AND THE PRODUCTS AND SERVICES PROVIDED IN THIS WEB SITE ARE PROVIDED “AS IS” “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER STATUTORY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

GLC INCLUDING, WITHOUT LIMITATION, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY PECUNIARY LOSS (EVEN IF GLC IS ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY FROM THE USE OF OR RELIANCE ON THIS WEB SITE OR INFORMATION CONTAINED IN THIS WEB SITE OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF GLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. GLC SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY BE CAUSED TO ANY EQUIPMENT AND OTHER SOFTWARE DUE TO ANY VIRUSES, DEFECTS OR MALFUNCTIONS IN CONNECTION WITH ACCESS OR USE OF THIS WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ALL CLIENTS, POTENTIAL CLIENTS, APPLICANTS, LESSEES, MORTGAGORS AND VENDORS

Guardian Leasing Corp believes in sharing the credit & funding conditions with our clients. We advise Vendors (Suppliers, Dealers, Distributors & Manufacturers) in writing of the credit approval & funding conditions in our Credit Status Report (CSR). We also provide full disclosure (in writing) to any applicable mortgage related client. The Request for Invoice (RFI) contains the same funding terms & also a guideline on how Vendors should format their invoice. RFI’s are typically sent to Vendors (shall also mean “you” and “your”) when most Lease documentation has been signed by the Customer (or Lessee), but this documentation has not yet been reviewed, audited, or accepted by the lender. Credit adjudication is performed by the lender (shall also mean “funder” & “Lessor”). Lenders may request additional terms & conditions which may not be indicated in our CSR or initial disclosure to our financing customers, but must be received prior to funding. Vendors should seek legal advice to protect their interests when delivering their equipment to their Customer whether the Customer chooses to finance their equipment, or lease, or pay cash or be on certain payment terms. Vendors may wish to obtain a signed sales order, independently investigate the Customers credit, obtain asset & liability insurance, obtain deposits, condition your invoice that you are the owners of the equipment until paid in full, etc. Equipment ownership only passes to Lessor (or funder) when the Lessor accepts funds & commences the Lease agreement. Vendors, Clients and Applicants are advised that Guardian Leasing Corp. is a broker, not the lender nor the Lessor, nor a purchaser of the goods being sold to your Customer. You agree the lender indicated in the “Sold To” section of the RFI is solely responsible for all payments to the Vendor(s). For marketing reasons only, Guardian Leasing Corp. may be indicated as the Lessor on the Lease Agreement. Regardless of this fact, Vendors understand and agree that Guardian Leasing Corp. remains the broker & not the lender & will assign the lease to the lender. Should the lender not accept the Lease Assignment the lease will not be funded and Guardian Leasing Corp. will not be responsible for any payment to the Vendor(s). The CSR and RFI are not Purchase Orders and do not represent a funding commitment. Vendor agrees to accept clerical errors in the CSR or RFI without any recourse to GLC. Should the lender or Customer not pay the Vendor invoice, you agree Guardian Leasing Corp. will not be held liable for any costs to you or any party associated with the sale of the goods and that GLC has not requested you to order, manufacture or ship your goods. You & your Customer shall make your own exclusive equipment purchase, order and delivery arrangements & mutually conduct business at your own risk. Prior to funding, subject to lender (or Lessor) acceptance are, the final invoice(s), the Vendors credit (at lenders option), the Customers credit (if approval expired), verification the Customers initial payment has cleared or proof of payment is valid, that the Customer insured the goods & assigned the insurance to the lenders satisfaction, perform a verbal audit with the Customer (at lenders option) to ensure delivery, proper signing authority and lease acceptance. If multiple vendors on one lease all Vendors to deliver before any one is paid. If identical (“dual”) approvals are issued by a lender (or Lessor), only one is funded (which may not be the lenders approval that Guardian Leasing Corp had received). If ANY material change should occur to the Lessee, Client, Guarantors, Co-Lessees or Vendors at any time in the opinion of the lender, or if adverse credit information or events occur which creates additional risk to the lender prior to the signed acceptance of all Lease documents by the lender, then the lender is under no obligation to fund the Lease. Should any lender cease funding for financial reasons or unforeseen circumstances, Guardian Leasing Corp. as broker will not fund the lease or mortgage or factor or invoice. GLC does not perform credit adjudication on lenders, Customers, Agents, Brokers, Vendors or Co-brokers & is not responsible for their actions. Potential residential financing mortgage, factoring, equipment and vehicle leasing clients (applicants) understand and agree that the Lender may not fund their transaction based on their underwriting criteria and credit conditions and these same potential clients (applicants) furthermore agree to hold Guardian Leasing Corp harmless should the Lender or Underwriter not fund. Vendor warrants the equipment will comply with all warranties & representations made by you or your Agent to the Customer (or Lessee) or to the Lessor & that all such warranties & representations shall be fully enforceable by the Lessor, or by the Lessee in its own name, as the Lessors assignee. There are no other agreements either written or oral by the Vendor or its Agent(s), with any Guardian Leasing Corp. agent or the customer that may adversely affect the terms and conditions of the CSR, RFI, Factor or Lease. Potential mortgage clients (or Mortgagors) agree that there are NO agreements either written or oral with any Guardian Leasing Corp. agent that may adversely affect the terms and conditions of their mortgage documents.

Choice Of Law

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validly and effect of this agreement notwithstanding any conflict of law’s provisions of your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement.