THIS AGREEMENT WITNESSES, in consideration of the rental paid hereunder, and the mutual covenants herein contained, that:
1.0 AGREEMENT
1.1 This Agreement contains the entire agreement between U-PAK and the Renter and supersedes any and all prior agreements, negations, representations and proposals whether written or oral relating to this subject matter.
1.2 THE RENTER, BY AUTHORIZING U-PAK TO COLLECT AND STORE HIS PACKED LOCKER, HAS AGREED TO BE BOUND BY THE TERMS AND CONDITIONS HEREOF, WHETHER OR NOT HE HAS SIGNED THIS AGREEMENT.
1.3 After payment for the second month of the Term hereof, the terms of this Agreement may not be altered except by an amendment in writing.
2.0 DEFINITIONS
2.1 In this Agreement each of the following terms shall have the following meanings:
a) “Due Date” means the 1st day of each and every calendar month during the Term hereunder.
b) “Locker” means the physical locker or lockers used to contain the renter’s goods pursuant to this agreement and which have been labelled by U-Pak with the name of the Renter.
c) “Premises” means 878 Viewfield Road, Victoria, B.C., or such other address at which U-PAK has stored the Renter’s Locker, as shown on the face page of this Agreement.
d) “Rent” means the total monthly amount due by the renter for the use of the following spaces within the premises and shown on the face page of this agreement, as well as any other charges, including late charges, payable under this agreement:
Full size = 441 cubic feet of warehouse space
Half size = 220.5 cubic feet of warehouse space
“Rent” does not include any charges for the use of, delivery of, or repairs to, the locker during the rental term.
e) “Renter” means the Customer shown on the face page of this Agreement.
f) “Stored Goods” means the goods stored or to be stored in the Locker as described on the face page of this Agreement or otherwise.
g) “Term” means the period selected by the Renter, which may be month to month automatically renewing on the last day of such month, or six (6) months, or twelve (12) months, in each case beginning on any Due Date and ending on the last day of the Term. If the Renter has not selected a specific Term, then same shall month to month automatically renewing on the last day of such month, until terminated in accordance with this Agreement.
h) “U-PAK” means U-PAK Mobile Mini Storage Ltd.
3 RENTER’S PRIVILEGES AND U-PAK ACCESS
3.1 As long as he is not in default hereunder, the Renter shall have access to the Stored Goods, UPON GIVING U-PAK 24 HOURS NOTICE OF HIS DESIRE TO DO SO, during U-PAK’s normal business hours, which hours will be posted by U-PAK’s office on the Premises, and which may be changed from time to time at U-PAK’s discretion without notice to the Renter. Access required without 24 hours notice is available with payment of a $25.00 fee.
3.2 The Renter shall have access to the stored goods 3 times during each 6 month period without charge. Thereafter, a charge of $20.00 per visit must be paid to U-PAK before access to the stored goods will be given. U-Pak reserves the right to refuse access for safety reasons.
3.3 U-PAK, its employees or agents, may enter the Locker:
a) in an emergency or a perceived emergency;
b) to confirm the Renter’s compliance with the terms of this Agreement; or
c) to provide needed maintenance.
Where possible, advance notice of such entry will be given to the Renter. Nothing herein, however, shall require U-PAK to enter the Locker.
4.0 PAYMENT OF RENT
4.1 The Renter shall pay the Rent on each Due Date during the Term. Failure to do so will result in a $15.00 late charge on the day after EACH Due Date for each Locker and may void any special rates offered by U-PAK.
BILLINGS ARE NOT SENT TO THE RENTER AND PAYMENT IS THE RESPONSIBILITY OF THE RENTER.
4.2 NO CASH REFUNDS: If the Renter is entitled to a refund for any reason, the refund cheque will be mailed to the Renter as soon as reasonably possible, but in any event within ten business (10) days.
4.3 4.3 Any change in the Rent requires 30 days notice by U-PAK to the Renter.
5 .RENTER’S ADDITIONAL OBLIGATIONS
5.1 The Renter agrees that the Locker will only be used to contain the Stored Goods and shall not be used for any illegal or unlawful purposes.
5.2 The Renter shall not store any hazardous goods or substances within the locker, the storage or use of which contravenes any law, or any dangerous, noxious, corrosive, filthy, offensive, explosive, perishable goods or highly flammable goods or substances.
5.3 The Renter represents and warrants that (s)he is in lawful possession of all goods stored in the Locker. The Renter AGREES TO ADVISE U-PAK IN WRITING OF THE FULL NAME AND ADDRESS OF ANY PERSON OR CORPORATION, OTHER THAN THOSE LISTED ON THE FACE OF THIS AGREEMENT, WHO HAS ANY INTEREST IN ANY OF THE STORED GOODS.
5.4 The Renter shall be legally responsible for any damage, loss or injury caused by the Renter or any person brought onto the Premises by the Renter while accessing the stored goods with the Renter’s permission.
5.5 The Renter shall not carry on any business out of the Locker and shall not use the Locker for any unlawful purpose. When on the Premises, the Renter shall proceed directly to and from the stored goods and shall not disturb, interfere with or do anything that is liable to cause injury, loss or damage to other persons or property on the Premises.
5.6 The Renter shall not litter the Premises, shall not mark or disfigure the interior or exterior of the Locker, and shall not cause any damage to the Locker, the Tarp, the Premises, or the goods of other renters.
5.7 Prior to the termination of this Agreement, the Renter shall, at the Renter’s sole cost and expense:
a) Make good any damage caused to the Locker resulting from the storage or removal of the Stored Goods; and
b) Clean and remove all Stored Goods and litter from the Locker, failing which the Renter shall pay U-PAK its then current rates to do so, with a minimum charge of $50.00.
5.8 The Renter shall advise U-PAK of any change in Renter’s mailing address by delivering written notice of change of address to U-PAK.
5.9 The Renter agrees to individually and collectively hold harmless U-PAK and its directors, officers, agents and employees from liabilities, damages, or expenses which U-PAK or its directors, officers, agents or employees may suffer or incur as a direct or indirect result of the Renter’s failure to perform or observe any of the Renter’s obligations under this Agreement or arising from or in connection with the use of our storage facility or anything done in the Locker or on the Premises by the Renter or his agents, employees or invitees.
6.0 U-PAK NOT LIABLE FOR LOSS OR DAMAGE TO STORED GOODS
6.1 The Renter acknowledges that U-PAK is only providing storage space to the Renter for the storage of unidentified goods at the Renter’s OWN RISK and that U-PAK has no obligation to care for or preserve the Renter’s goods.
6.2 The Renter agrees that U-PAK, its directors, officers, agents, or employees SHALL NOT BE SUBJECT TO ANY LIABILITY WHATSOEVER for the loss, theft, fire, mould, infestation of rodents, water damage from whatever source, including but not limited to failure of waterproofing materials, damage from accident or mishandling of lockers, or any other potential source of damage or loss, including negligence, or destruction or damage to the Stored Goods, WHATEVER THE CAUSE of such loss, theft, destruction or damage.
7.0 SALE OF RENTER’S GOODS IN THE EVENT OF DEFAULT
7.1 If U-PAK has not received payment of the Rent on or before a Due Date, then the Renter will be considered to be in default until such time as U-PAK has received payment of all outstanding Rent by way of cash, certified cheque, bank draft or money order.
7.2 If the Renter is in default hereunder, U-PAK may place a second padlock on the Locker and the Renter shall not be entitled access to the Locker until the default is rectified. Under no circumstances may the Renter remove any Stored Goods while he is in default hereunder.
7.3 If the Renter is in default hereunder, U-PAK will sell all or any of the Stored Goods according to the procedure for sale of goods subject to a lien set out in the Warehouse Lien Act RSBC 1996, or any amendments or substitutions thereof (the “Lien Act”).
7.4 Renter agrees that the proceeds of any sale of Stored Goods sold by U-PAK hereunder shall be applied as follows:
a) FIRSTLY, in payment of all costs associated with the removal and sale of the Stored Goods, such as, but not limited to, auctioneer’s charges, moving costs, and the cost of required notices and advertisements (herein called the “Sale Charges”);
b) SECONDLY, in payment of all Rent outstanding hereunder as of the date of sale; and
c) THIRDLY, any remaining funds shall be paid without interest to the Renter upon application by the Renter within twelve (12) months of the date of sale, unless there are any adverse claimants to such funds, in which case U-PAK will apply to pay such remaining funds into court.
7.5 Notwithstanding any law, statute or any requirement or rule of law or equity, and in addition to any other remedies for the payment of Rent available to U-PAK:
a) If the proceeds of a sale pursuant to the Lien Act are insufficient to pay the Sale Costs and all outstanding Rent (herein the “Insufficiency”), the Renter shall forthwith on demand pay the Insufficiency, failing which U-PAK shall be entitled to commence proceedings in debt in a Court of Law for the Insufficiency; and
b) If U-PAK reasonably believes that the proceeds of a public auction sale of the Stored Goods would not exceed the costs associated with such a sale and/or the total Rent outstanding, U-PAK may sell or otherwise dispose of the Stored Goods in any manner it deems fit.
7.6 The Renter waives any claims of any kind and howsoever caused, including negligence, which the Renter, its executors, administrators, successors and permitted assigns may have against U-PAK, its directors, officers, agents or employees, arising out of or in any way connected with any act or failure to act on the part of U-PAK.
8.0 TERMINATION
8.1 This Agreement will terminate at the end of the Term. If, however, the Renter’s stored goods shall continue to occupy the storage space after the expiration of the Term and if U-PAK shall accept further Rent, the new term hereby created shall be deemed to be a month to month term and shall be subject to the terms and conditions contained in this Agreement and shall be at the then current monthly rent charged by U-PAK for storage space of similar size to the previously occupied space.
8.2 U-PAK may immediately terminate this Agreement if the Renter is in default hereunder or on ninety (90) day’s written notice to the Renter even if Renter is not in default.
8.3 If the Term is month to month, the Renter must provide U-PAK with three days notice of the Renter’s intention to terminate this Agreement.
8.4 This Agreement may not be terminated except in accordance with this paragraph.
8.5 Termination of this Agreement shall not relieve the Renter from any unsatisfied liabilities or obligations imposed hereunder.
9.0 NOTICES AND CHANGE OF ADDRESS
9.1 Any notice required to be delivered by U-PAK to the Renter may be sent to the Renter by certified mail at Renter’s address as shown on the face page of this Agreement or to the address indicated by Renter in a written notice of change of address received by U-PAK from the Renter.
9.2 Any notice required to be delivered by Renter to U-PAK shall be in writing and shall be delivered to U-PAK’s office or sent by certified mail to U-PAK at the Premises or such other address as U-PAK may designate in writing to the Renter during the Term.
10.0 INSURANCE
U-PAK STRONGLY RECOMMENDS that the Renter OBTAIN INSURANCE COVERAGE for the Stored Goods.
10.1 INSURANCE PROTECTION UNDER THIS AGREEMENT IS ONLY EFFECTIVE FOR RENTERS WHO HAVE ELECTED INSURANCE PROTECTION ON THE FACE PAGE OF THIS AGREEMENT, AND PAID THE APPROPRIATE INSURANCE FEES
10.2 IF THE RENTER HAS ELECTED INSURANCE PROTECTION AND PAID THE APPROPRIATE FEES, THE INSURANCE TERMS AND CONDITIONS ARE AS PER CERTIFICATES OF INSURANCE ISSUED UNDER MASTER INSURANCE POLICY NO.5V2115462 UNDERWRITTEN BY ING WESTERN UNION
11.0 GENERAL
11.1 Headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
11.2 This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective executors, administrators, successors and permitted assigns.
11.3 Should any portion of this Agreement be found to be invalid or unenforceable, that portion shall be considered separate and severable from this Agreement and the other provisions in this Agreement shall remain in full force and effect.
11.4 The Renter shall not assign the benefit of this Agreement without first obtaining the consent in writing of U-PAK. U-PAK may assign the benefit of this Agreement to any person or corporation.
11.5 No assent to or waiver of any breach of any one or more of the terms of this Agreement shall be effective unless such waiver or assent is in writing, nor shall any such assent of waiver excuse the performance of any act other than the act specifically referred to in such waiver.
11.6 U-PAK’s remedies hereunder by law or statute are cumulative and not exclusive and such remedies may be resorted to in such order and in such combinations as U-PAK sees fit.
11.7 Whenever the singular, plural, masculine, feminine, neuter, body politic or body corporate where the fact or context so requires hereof and all covenants herein shall be construed to the joint and several when applicable to more than one party.