Storage Container Rentals - Terms & Conditions
CUSTOMER REVIEW. This is a binding Agreement.
Customer is strongly urged to read and review this Agreement before
signing, and if Customer has any questions regarding the terms and
conditions herein, to consult with appropriate legal counsel before
signing. Customer, by signing this Agreement, hereby acknowledges
receipt of a copy of this executed Agreement, and that by signing
same, acknowledges having had an opportunity to read and review this
Agreement, and to consult with legal counsel before signing.
CUSTOMER INFORMATION ACCURACY. Customer is liable for the accuracy
of any information regarding Customer address or storage site
locations. Customer shall be liable for any additional charges
incurred by AMS for additional travel and or storage expenses as a
result of insufficient or inaccurate information supplied by
Customer.
CUSTOMER WARRANTY. Customer warrants that any and all Customer owned
storage equipment to be stored on AMS property, or transported by
AMS to Customer or third party sites, is in good working condition,
and is capable of being transported safely by AMS. Customer bears
full responsibility and liability for any and all Customer owned
storage equipment, which is unsafe, or not in good working
condition, which causes any property damages or injuries to AMS
employees, agents or equipment, or that of third parties.
ADVANCED MOBILE STORAGE, INC, (“AMS”) is an Arizona corporation
authorized to conduct business within the State of Arizona.
Customer, by signing below, hereby expressly states that they are
authorized, and have the legal capacity to enter into this
agreement, and that they are authorized to conduct business in
Arizona.
EFFECTIVE DATE. This agreement shall become effective on the date of
execution by both parties hereto.
RENT DUE DATE. Rents, including all applicable taxes, shall be paid
in advance and are due and payable on the due date indicated above.
Rents not received by AMS by that date shall be deemed late, and a
late fee of $1.50 per day shall be assessed for each day payment is
late, and shall be considered as additional rent. Customer assumes
full responsibility for lost or damaged mailed rent payments.
RENTAL PERIOD. The initial rental period of this Agreement shall be
one month, unless indicated otherwise above. This agreement shall
continue on a month-to-month basis thereafter and shall remain in
full force and effect until terminated by either party by written
notice to the other, hand delivered or mailed by certified first
class mail to the addresses herein listed for each party, but which
may from time to time be changed by written notice to the other
party. Either party herein may terminate this Agreement by giving
such written notice. The termination of this agreement shall occur
thirty days following receipt of the written notice by the other
party, or thirty-five days after mailing by certified mail to the
addresses listed above for either party, regardless of the
acceptance thereof by the receiving party. (For example, a notice
mailed by certified mail on the fifteenth day of a month will
terminate a month-to-month agreement on the 20th day of the next
month.)
CUSTOMER USE INFORMATION: Customer, by signing this Agreement,
acknowledges that AMS, through an employee, owner or agent, has
informed Customer of the importance of weekly inspections of storage
units, and that an inspection of the storage unit was conducted
prior to execution of this Agreement for any and all water leakage,
and that no evidence of water leakage was detected. Customer bears
all responsibility for any and all damage or loss caused by water
leakage that could have been detected by regular visual inspections.
SECURITY DEPOSITS. Any security deposits required to be paid under
this Agreement shall be paid in advance by Customer, and shall be
held by AMS in its general operating account. No interest shall be
paid to Customer on the security deposits. Said Deposits shall be
held by AMS to offset any damages caused by Customer due to lack of
payment of rents when due, or any property or loss damage caused by
Customer’s acts, omissions or negligence during any rental period
under this Agreement, including but not limited to operation of
motor vehicles, delivery or removal of personal property, or for
transportation thereof, and including the improper handling or
storage of any dangerous, flammable, or explosive materials. AMS
shall provide Customer with an accounting of the security deposit
and any charges thereto, and shall return any unused deposits with
the accounting within ten working days of the termination of this
Agreement, the removal of all Customer or third party owned personal
property, and the removal of any Customer owned locking devices on
the storage equipment.
NOTICES. All notices required to be given under this agreement shall
be written and mailed by certified, first class, postage prepaid
U.S. Mail to the address of the parties herein. Said addresses may
be changed by either party by written notice of same to the other
party by certified, first class, postage prepaid U.S. Mail. All mail
sent hereunder shall be deemed to be delivered to the addressee
after five days, regardless of the actual receipt thereof.
WAIVER OF LIABILITY. Customer assumes full risk of loss and
bears all liability for all damages resulting from the damage or
loss of stored personal property items and/or Customer owned storage
containers, whether stored on AMS property, or transported to or
from, or stored on Customer or third party property. AMS does not
assume any liability for such loss, and carries no insurance
coverage for same. Customers are responsible for their own liability
insurance for any loss. Customer specifically waives any and all
claims against AMS, its employees, owners, agents or servants
relating to this Agreement, the contents, storage, or moving and
transportation of rented or leased containers, or those owned by
Customer. AMS’ liability for any damage or loss due to AMS’
negligence shall be limited to a refund, if any is due, of any rents
paid for the rental period during which any such loss occurred.
INDEMNIFICATION. Customer agrees to defend, hold harmless and
indemnify AMS for any legal action and/or claims, including attorney
fees and court costs incurred by AMS in any such resulting legal
action, arising from any acts, omissions or negligence by customer
during any rental period under this Agreement, including but not
limited to operation of motor vehicles, delivery or removal of
personal property, or for transportation thereof, and including the
improper handling or storage of any dangerous, flammable, or
explosive materials. It is hereby agreed herein that Customer shall
maintain at his or her sole expense all insurance, including general
liability, on any motor vehicle operated by Customer, in the minimum
amounts as required by Arizona law, while in operation on AMS
property.
SEVERABILITY. If any part of this Agreement, or any addendums
or approved and executed modifications are found to be unenforceable
for any reason, or any part herein becomes illegal by the enactment
of any laws by any public entity having jurisdiction over this
Agreement, the remainder of this Agreement shall remain in full
force and effect unless the illegal or severed portion is determined
to have negated this entire agreement as a matter of law, as decided
by a Court of law.
ATTORNEY FEES. The prevailing party to any legal action taken
to enforce the terms of this Agreement shall be entitled to an award
of reasonable attorney fees as awarded by the Court, including any
costs, attorney fees or collection agency fees incurred in
attempting to collect any amounts so awarded by the Court.
JURISDICTION AND WAIVER OF JURY TRIAL. Customer understands
and agrees that this Agreement shall be construed and interpreted
under the laws of the State of Arizona, including, but not limited
to any or all statutes regulating self-storage facilities. Client
further consents to jurisdiction in Arizona, Maricopa County, and
the judicial precinct in which AMS’ main office shall be maintained,
and that any legal action taken to enforce the terms of this
agreement shall be commenced therein. Client hereby waives any right
to a jury trial in any dispute with AMS, and consents to a bench
trial only.
ENTIRE AGREEMENT. This Agreement shall be binding on the
parties, their heirs, successors or assigns. This Agreement
constitutes the entire agreement between the parties hereto, No oral
or other representations have been made by either party which are
not set forth in this Agreement which affect the subject matter
contained herein. No modifications to this Agreement will be
acknowledged or enforceable unless in writing and signed by both
parties herein, although AMS may change the terms and conditions of
this Agreement with at least a thirty day written notice to
Customer. All heading in this agreement are for reference only, and
do no limit or expand the coverage of this agreement.
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