PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
This CUSTOMER AGREEMENT (the “Agreement”) describes the terms and conditions applicable to the access and use of any products or services offered by urBin Storage Solutions Inc. Lessor may amend this Agreement at any time by posting the amended Agreement on its website and providing notice to Tenant by email or any other method. Tenant shall be deemed to be apprised of and bound by any changes to this Agreement once notice is provided, and any use of the services to be rendered by Lessor after such notice shall be further evidence of Tenant’s acceptance of such changes. Lessor may make changes in the services to be provided to Tenant hereunder at any time. Tenant understands that Lessor may discontinue or restrict his, her or its use of the services described herein for any reason. This Agreement is effective the earlier of the date Tenant uses the services rendered by Lessor or the date Tenant clicks “ACCEPT” below.
WHEREAS, the parties desire to enter into this Agreement for the purpose of leasing or renting a Container (as defined below), and as hereinafter more fully described and with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder. Due to the nature of Lessor’s business and its purpose being storage, it is further understood that Lessor is not representing to Tenant, in any manner whatsoever, that Lessor is a “warehouseman” as such term is defined by applicable state statutes. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement.
NOW THEREFORE, for and in consideration of the foregoing recital, the receipt and sufficiency of which is hereby acknowledged, and the mutual promises and obligations described in this Agreement, the parties agree as follows:
1. INFORMATION AND PRICING
Tenant represents that his, her or its name, address, telephone numbers, and electronic mail address provided to Lessor on the immediately preceding screen are true and correct.
Tenant desires to lease the number of Containers set forth on the immediately preceding screen for the period and at the monthly rate set forth on the Lessor’s website on the date hereof at the following address www.urbin-storage.com/shop, which pricing may be changed by the Lessor from time to time in its discretion. The use of storage containers for any other purposes than storing personal belongings at the lessor’s warehouse facility is strictly prohibited.
2. DESCRIPTION OF CONTAINER
Lessor leases to Tenant and Tenant leases from Lessor the number of self-contained portable storage container(s) (individually a “Container”, and collectively, the “Containers”) set forth in Section 1 above, which number may be modified in the future upon the mutual agreement of the Lessor and Tenant. Tenant agrees that Lessor shall have the right and authority to store all Containers at the Lessor’s storage facility (the “Facility”). Should Tenant elect not to store any Container at the Facility, the each such Container shall remain located at the address designated by Tenant above, monthly storage fee will apply. Tenant has examined all Containers delivered to him, her or it, or will have the opportunity to do so before his, her or its use of such Container, and acknowledges that by loading any Container with Tenant’s belongings, Tenant agrees that such Container is satisfactory for all purposes for which Tenant shall use it. Tenant hereby authorizes Lessor to enter upon the property designated above as Tenant’s residence whenever Lessor deems it necessary to enforce any of Lessor’s rights pursuant to this Agreement or pursuant to any state or federal law. Tenant warrants that Tenant: (1) is the owner or lessee of such real property and/or that Tenant is an authorized agent of the owner(s) or lessee(s) of such real property; and (2) has the right and authority to permit Lessor’s unrestricted entrance upon such real property for the sole purpose of retrieving the Container(s) that are leased by Tenant pursuant hereto. Tenant further authorizes Lessor to file one or more financing or continuation statements and amendments thereto, relating all or any of the Containers leased to Tenant, and agrees itself to take all such other actions and to execute and deliver and file or cause to be filed such other instruments or documents, as Lessor may reasonably require in order to establish and maintain a perfected, valid and continuing first priority security interest and lien in the Containers leased to him, her or it in accordance with this Agreement and the UCC and other applicable law.
3. TERM; TERMINATION
A. The Term Of This Agreement Commences As Of The Date First Written Above And Continues Thereafter On A Month-To-Month Tenancy Until Terminated. Either Party May Terminate This Agreement By Giving Notice As Set Forth In Section 3(B) Below.
B. Lessor May Terminate This Agreement At Any Time In Its Discretion. Tenant May Terminate This Agreement At Any Time By Giving Notice To The Other Party Not Less Than Seven (7) Days Before The Effective Date Of Such Termination. No Monthly Rent Shall Be Prorated If The Termination Occurs Prior To The End Of A Full Rental Month/Commitment Term Selected By The Tenant. Order Cancellations Must Be Made Prior To The Initial Drop Off Of The Containers At The Tenant’s Residence To Qualify For A Full Refund.
4. OCCUPANCY CHARGES
Tenant must pay the Lessor, in advance, monthly rent on each Due Date (as defined below) in the amount set forth on the invoice (“Rent”), prior notice from Lessor, demand or billing statement. The date each Container is first delivered to Tenant shall be the initial “Due Date” and subsequent Due Dates shall occur on the monthly anniversary of the initial Due Date or the last day of the month if the corresponding date does not exist in the subsequent month. The occupancy ends on the date each Container is picked up from the tenant’s residence. Tenant will not be entitled to a refund of any prepaid rent under any circumstances. Lessor is not obligated to accept partial payment for occupancy or mandatory charges.
5. ADDITIONAL CHARGES
A. Tenant Shall Pay To Lessor The Following Additional Charges:
1. In The Event Tenant Shall Fail To Pay Rent By The Tenth (10th) Day After The Due Date, Tenant Shall Pay, In Addition To Any Other Amounts Due, A Late Charge Of Up To $25 Per Container.
2. If Tenant Is Delinquent In The Payment Of Rent Or Other Charges Due Under This Agreement For More Than Thirty Days (30), Tenant Shall Pay A Lien Handling Charge Of Up To $75.00 Per Container For Lessor’s Costs In Processing The Delinquent Account, Including Lien Sale Costs, Whether Or Not A Lien Sale Occurs.
3. If Tenant Fails To Return The Container Clean And Free Of Debris, Tenant Shall Pay To Lessor A Cleaning Charge Of $150.00, As Described In Section 18 Below.
4. In The Event The Container Is Not Returned To Lessor Within Two Weeks Of Redelivery Of Such Container To Tenant After An Event Of Termination, Tenant Will Be Charged $250.00 For The Cost Of The Container.
B. In The Event Tenant Is Delinquent In The Payment Of Rent Or Other Charges Due Under This Agreement, Including Without Limitation, Financing Charges, Late Charges, Handling Charges And Costs Associated With The Processing Of Tenant’s Delinquent Account, Tenant Authorizes Lessor To Charge Tenant’s Credit Card Which Is On File With Lessor, Without The Signature Of Tenant, For All Rent And Charges Owed By Tenant To Lessor, Including Charges For Ancillary Services Provided In Section 6 Hereof, Even If Tenant Has Selected Another Method Of Payment As The Preferred Method. Lessor Shall Have No Liability To Tenant For Charges Applied To Tenant’s Credit Card Account So Long As Such Charges Are Applied By Lessor In Good Faith.
C. In The Event Any Applicable Municipality Or Governmental Agency Imposes Any Sales, Use, Excise Or Other Tax Or Charge On Or In Connection With The Use Or Occupancy Of The Container, Tenant Shall (In Addition To The Other Charges Referenced Herein) Timely Pay The Applicable Tax Or Charge To Lessor At The Time Of Payment Of The Occupancy Charges Provided Herein And Such Taxes Or Charges Shall Be Deemed Additional Occupancy Charges.
D. All Charges May Be Increased By Lessor Giving Tenant Thirty (30) Days Prior Written Notice Of Any Such Increases. In The Event Tenant Does Not Wish To Pay The Increased Charge, Tenant May Cancel This Agreement By Giving Notice As Set Forth In Section 3.
6. ANCILLARY SERVICES
Lessor Provides Standard And, For An Additional Charge, Expedited Delivery Services. If Tenant Cancels A Scheduled Delivery Without Twenty-Four (24) Hours’ Prior Notice To Lessor, Tenant Will Be Charged For That Delivery Service In The Amount Set Forth On The Attached Schedule Of Fees.
7. USE OF CONTAINER AND COMPLIANCE WITH LAW
A. Tenant Shall Store Only Personal Property That Tenant Owns And Will Not Store Property That Is Claimed By Another Or In Which Another Has Any Right, Title Or Interest.
B. Tenant Agrees, In Accordance With Section 9 Below, That If The Aggregate Value Of All Personal Property Stored In Any Container Exceeds Or Is Deemed To Exceed $50, It Is Tenant’s Responsibility To Adequately Insure The Stored Property As Set Forth In Section 8. Tenant Understands And Agrees That Lessor Need Not Be Concerned With The Kind, Quantity Or Value Of Personal Property Or Other Goods Stored By Tenant In Any Containers Stored With Lessor Pursuant To This Agreement.
C. Tenant Shall Not Store Any Food Or Perishable Goods, Hazardous Materials (As Defined Below), Flammable Materials, Explosives, Or Other Inherently Dangerous Material, Nor Perform Any Work In Any Container. Tenant Shall Not Store Any Personal Property In Any Container That Would Result In The Violation Of Any Law Or Regulation Of Any Governmental Authority, Including, Without Limitation, All Laws And Regulations Relating To Illegal Or Hazardous Materials, Waste Disposal And Other Environmental Matters. For Purposes Of This Agreement, “Hazardous Materials” Shall Include, But Not Be Limited To, Any Hazardous Or Toxic Chemical, Gas, Liquid, Substance, Material Or Waste That Is Or Becomes Regulated Under Any Applicable Local, State Or Federal Law Or Regulation. Tenant Shall Not Use Any Container In Any Manner That Will Constitute Waste, Nuisance Or Have Adverse Effects On Other Tenants In The Facility.
D. Tenant Acknowledges And Agrees That The Containers And The Facility Are Not Suitable For The Storage Of Heirlooms Or Precious, Invaluable Or Irreplaceable Property Such As Books, Records, Writings, Works Of Art, Photographs, Objects For Which No Immediate Resale Market Exists, Objects That Are Claimed To Have Special Or Significant Emotional Value To Tenant Or Records Or Receipts Relating To The Stored Goods, And Lessor Shall Not Be Liable For Any Damage Resulting To Such Items. Furthermore, Tenant Acknowledges And Agrees That The Following Items Should Be Excluded From Storage: Money, Bank And Other Notes, Scrip, Securities, Accounts, Deeds And Evidences Of Debt; Stock Certificates; Bonds; Letters Of Credit; Bullion, Gold, Goldware, Silver, Silverware, Platinum, Coins, Precious Metals And Pewter; Stored Value Cards And Smart Cards; Manuscripts, Personal Records, Passports, Tickets And Stamps; Jewelry, Watches, Furs, Precious And Semiprecious Stones; Firearms; Animals, Birds And Fish; Aircraft, Hovercraft, Motor Vehicles And Engines; Trailers; Property Not Owned By The Tenant Or For Which Tenant Is Not Legally Liable; Computers, Or Any Other Electronic Device, Or Computer Software Or Programs, Media Or Computer Data Contained On Hard Disks Or Drives.
E. Tenant Specifically Acknowledges The Following: (I) That The Containers May Be Used For Storage Only, And That The Use Of The Containers For The Conduct Of Business Or For HUMAN OR ANIMAL HABITATION IS SPECIFICALLY PROHIBITED; (Ii) That Tenant Assumes Full Responsibility And Liability For Packing Tenant’s Property In The Containers And For Securing Tenant’s Property For Over The Road Transportation; (Iii) That The Maximum Weight Of Tenant’s Property Shall Not Exceed 100 Pounds Contained In Each Container; And (Iv) That Lessor Shall Not Be Liable For Any Damage To Tenant’s Property For Any Reason.
8. INSURANCE; LESSOR NOT REQUIRED TO CARRY INSURANCE
All property is stored at Tenant’s risk. Tenant, at Tenant’s sole expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Tenant waives any rights of recovery against Lessor for any Loss and Tenant expressly agrees that the carrier of any insurance obtained by Tenant shall not be subrogated to any claim of Tenant against Lessor and any such claim of subrogation is hereby expressly waived on behalf of Tenant and all of its insurers. Lessor has not explained any coverage or assisted Tenant in making any decision to purchase any particular insurance policy. Lessor is not making any representations about the coverage provided by such insurance policy. The provisions of this paragraph will not limit the rights of Lessor under Section 9.
9. LIMITATION OF LESSOR’S LIABILITY; INDEMNITY
A. Lessor Will Have No Responsibility To Tenant Or To Any Other Person For, And Tenant Hereby Releases Lessor From, Any Loss, Liability, Claim, Expense, Damage To Property Or Injury To Persons (Any “Loss”) To The Contents Placed In Any Container From Any Cause, Including, Without Limitation, Lessor’s Active Or Passive Acts, Omissions, Negligence Or Conversion, Unless The Loss Is Directly Caused By Lessor’s Fraud, Gross Negligence, Willful Injury Or Willful Violation Of Law. Tenant Agrees That Lessor’s Total Responsibility For Any Claim Shall Not Exceed $50.
B. Tenant Shall Indemnify And Hold Lessor Harmless From Any Loss Incurred By Lessor In Any Way Arising Out Of Tenant’s Use Of Any Container Or The Facility.
10. LOCKS AND EMERGENCY ENTRY
A. Tenant Shall Provide, At Tenant’s Own Expense, A Lock For Each Container That Tenant, In Tenant’s Sole Discretion, Deems Sufficient To Secure Each Such Container. Tenant Shall Not Provide Lessor Or Lessor’s Agents With A Key And/Or Combination To Tenant’s Lock. All Containers Must Be Locked Prior To Lessor Moving Them.
B. Tenant Shall Grant Lessor, Lessor’s Agents Or The Representatives Of Any Governmental Authority, Including Police And Fire Officials, Access To Each Container As Required By Applicable Laws And Regulations. In The Event Tenant Shall Not Grant Access To Such Containers As Required, Or In The Event Of An Emergency Or Upon Default Of Any Of Tenant’s Obligations Under This Agreement, Lessor, Lessor’s Agents Or The Representatives Of Any Governmental Authority Shall Have The Right, But Not The Obligation, To Remove Tenant’s Locks And Enter The Containers For The Purpose Of Examining The Containers Or The Contents Thereof Or For The Purpose Of Making Repairs Or Alterations To The Containers And Taking Such Other Action As May Be Necessary Or Appropriate To Preserve The Containers, Or To Comply With Applicable Law Including Any Applicable Local, State Or Federal Law Or Regulation Governing Unlawful Or Hazardous Materials Or To Enforce Any Of Lessor’s Rights. In The Event Of Any Damage, Loss, Theft Or Injury To The Containers Or The Facility Arising From The Negligent Or Deliberate Act Or Omissions Of The Tenant, Or For Which Tenant Is Otherwise Responsible, All Expenses Reasonably Incurred By The Lessor To Repair, Replace Or Restore Any Container Or The Facility Including Any Expense Incurred In Connection With Any Investigation Of Site Conditions, Or Any Clean-Up, Removal Or Restoration Work Required By Any Applicable Local, State Or Federal Law Or Regulation Or Agency Regulating Any Hazardous Materials, Shall Be Paid By The Tenant As Additional Rent And Shall Be Due Upon Demand By The Lessor.
Tenant shall not make or allow any alterations of any kind or description whatsoever to any Container without, in each instance, the prior written consent of the Lessor.
Tenant may not transport the Container to and from the Facility. Lessor will transport each Container for the transportation charge as set forth on the Customer Web Page, as may be amended from time to time. Redelivery of a Container to the Facility may be denied if any amount is due on Tenant’s account. Tenant must give the Lessor at least two days’ prior notice of Tenant’s request to have the Container redelivered to the Facility, provided, however, that Lessor will pick up any Container on less than two days’ prior notice for the additional fee set forth on the Customer Web Page. If Tenant authorizes Lessor to deliver a Container to Tenant or pick up a Container to redeliver such Container to the Facility without Tenant being present to accept such delivery, Tenant assumes all risk of liability, including, without limitation, theft, damage and loss, and Tenant shall indemnify, defend, and hold Lessor harmless with respect thereto.
13. LESSOR IS NOT IN THE WAREHOUSE BUSINESS
Lessor is not engaged in the warehouse business. Lessor and Tenant specifically agree that a lessor-tenant relationship exists between them and not a bailor and bailee relationship. Lessor has no care, custody, or control over the contents of the Container. Lessor has not, and shall not, issue any warehouse receipt, bill of lading or other document of title for the property stored in the Container.
14. NO REPRESENTATIONS OR WARRANTIES
Lessor hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of any Container and the Facility, including any warranties of merchantability or fitness for a particular use or purpose. Tenant hereby acknowledges, as provided in Section 2 above, that Tenant has examined all Containers. Tenant hereby acknowledges and agrees that Lessor does not represent or guarantee the safety or security of any Container or the Facility or of any property stored therein and this Agreement does not create any contractual duty for Lessor to create or maintain such safety or security. Tenant further acknowledges and understands that Lessor makes no assurances or guarantees regarding the time of pick-up or delivery of any Container.
The following events shall be deemed to be events of default by Tenant under this Agreement:
A. Tenant Shall Fail To Pay Any Installment Of The Rent Or Any Charges Due Under This Agreement;
B. Tenant Shall Fail To Comply With Any Term, Provision Or Covenant Of This Agreement, Other Than The Payment Of Rent Or Charges, And Shall Not Cure Such Failure Within Ten (10) Days After Written Notice Thereof To Tenant; Or
C. Tenant Shall Fail To Schedule The Redelivery Of Any Container To The Facility For A Date That Is Within Thirty (30) Days After Notice By Lessor To Do So.
16. REMEDIES UPON EVENT OF DEFAULT
If an event of default shall occur, Lessor shall have the right, at its election, then or at any time thereafter while such event of default continues, to pursue the following remedy or any other remedies provided for under this Agreement or by applicable law. All expenses incurred by Lessor that are connected with the collection of any and all outstanding balances owed by Tenant will be assessed to the Tenant, including reasonable legal fees and other expenses. Lessor may immediately terminate this Agreement by giving notice to Tenant, in which event Tenant shall immediately surrender all Containers to Lessor and if Tenant fails to do so, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent or charges, deny Tenant’s access to the Containers if located at a Facility or enter upon Tenant’s premises and take possession of the Containers and Tenant’s property stored in the Containers, and expel or remove Tenant, without being liable for prosecution or any claim of damages therefore and Tenant hereby agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet any Container on terms satisfactory to Lessor or otherwise. Lessor’s remedies, including that set forth in Section 17, are cumulative, and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to Lessor.
17. LESSOR’S LIEN
IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY APPLICABLE STATE LAW TO SECURE AND COLLECT RENT, TENANT HEREBY GRANTS TO LESSOR A CONTRACTUAL LESSOR’S LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE ANY CONTAINER OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL RENTS OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT TENANT IS IN DEFAULT OF THIS AGREEMENT (AS DEFINED IN SECTION 15), LESSOR MAY BEGIN THE ENFORCEMENT OF ITS LIEN INCLUDING DENIAL OF ACCESS TO ANY CONTAINER BY THE TENANT, AGAINST ALL PROPERTY OF TENANT STORED IN ANY CONTAINER OR AT THE FACILITY IN ACCORDANCE WITH THE LAWS OF THE JURISDICTION IN WHICH THE TENANT’S PROPERTY IS LOCATED WHEN LESSOR COMMENCES THE ENFORCEMENT OF ITS LIEN. PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF AT THE FACILITY OR NEAREST SUITABLE LOCATION TO SATISFY THE APPLICABLE LIEN LAW. PROCEEDS, IF ANY, FROM THE SALE OF THE PROPERTY IN EXCESS OF AMOUNTS OWED TO LESSOR, WILL BE PAID TO THE STATE TREASURER IF UNCLAIMED BY THE TENANT WITHIN ONE YEAR AFTER SALE OF THE PROPERTY. AS LESSOR HAS NO KNOWLEDGE OF THE CONTENTS STORED IN ANY CONTAINER, TENANT HEREBY WAIVES ANY OBLIGATION THAT LESSOR PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN ANY OF TENANT’S CONTAINERS, IF REQUIRED BY APPLICABLE STATE LIEN LAWS.
18. CONDITION OF CONTAINER UPON TERMINATION
Upon termination of this Agreement for any reason, Tenant shall remove all Tenant’s personal property from all Containers, unless such property is subject to Lessor’s lien rights pursuant to Section 17, and shall immediately deliver possession of each Container to Lessor in the same condition as delivered to Tenant on the commencement date of this Agreement, reasonable wear and tear excepted. Tenant shall pay to Lessor a cleaning charge of $150.00 in the event the Tenant fails to return the Container clean and free of debris. Tenant agrees that any personal property left in any Container shall be deemed abandoned by Tenant, and with respect thereto, Tenant authorizes Lessor to remove such property from any Container after termination of this Agreement and either dispose of it in any manner in Lessor’s sole discretion and without liability to Tenant or retain such property as collateral for payment of the removal charges and/or any other amounts due Lessor. Tenant shall be solely responsible for any charges associated with the disposal of such property by Lessor. Nothing herein shall be construed as imposing a duty upon Lessor to store or safeguard the Tenant’s personal property and Lessor hereby expressly disclaims any such duty.
19. RELEASE OF TENANT INFORMATION
Tenant hereby authorizes Lessor to release any information regarding Tenant and Tenant’s tenancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts including, but not limited to, officials from local and state code enforcement agencies.
Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail or certified mail, deposited in the United States mail with postage thereon fully prepaid and addressed, if to the Tenant, to such party at the electronic mail address of such party set forth in Section 1 of this Agreement and, if to the Lessor, to it at email@example.com. Service of any such notice or demand shall be deemed complete on the date delivered, with confirmation of receipt; provided, that if confirmation of receipt of a notice sent via electronic mail is not obtained within one (1) business day, such notice may be sent by United States mail and shall service shall be deemed complete three (3) days after deposit in the United States mail, with postage thereon fully prepaid and sent to the last known address of the intended recipient as provided for in this Agreement.
21. NOTIFICATION OF CHANGE OF ADDRESS
In the event Tenant shall change Tenant’s place of residence or other address as set forth on the Customer Web Page, Tenant shall give Lessor written notice of any such change within ten (10) days of the change, specifying Tenant’s current residence, alternate address and telephone numbers. Failure to provide forwarding information in writing releases Lessor of any damages that might occur in the event that any Container must be removed or in exercising Lessor’s remedies upon an event of default. Lessor assumes no responsibility and will make no attempts to locate Tenant if such information has not been provided.
Tenant shall not assign or sublease any Container or any portion thereof without in each instance the prior written consent of Lessor. Lessor may assign or transfer this Agreement without the consent of Tenant and, after such assignment or transfer, Lessor shall be released from all obligations under this Agreement occurring after such assignment or transfer.
23. FORCE MAJEURE
Lessor shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of nature, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
24. GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL
This Agreement shall be governed by, construed and enforced in accordance with, the laws of the state of New York. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under New York law, but, if any provision of this Agreement shall be invalid or prohibited under New York law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Tenant agrees to waive their rights to a jury trial for any and all claims made against or through Lessor. Tenant further agrees that Lessor will be notified of all claims no later than the earlier of thirty (30) days from the initial discovery of the claim or default or thirty (30) days following the expiration or termination of this Agreement and failure to do so will result in the forfeiture of said claim. Any claims by Tenant arising under this Agreement must be brought in a court of competent jurisdiction located in the geographic area in which Lessor has its original place of business at the time of commencement of litigation proceedings. Tenant waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Tenant or Lessor from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
25. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth herein, and no representative of Lessor or Lessor’s Agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein.
This Agreement shall bind and benefit Lessor and Tenant and their respective heirs, executors, administrators, successors and assigns. If any provision of this Agreement should be deemed invalid or unenforceable, only that provision will be affected; the balance of this Agreement will remain valid, enforceable and in full force and effect. The general rule of construction, construing any ambiguities against the drafter of a contract, shall not apply to this Agreement.
SCHEDULE OF FEES
|NAME||DESCRIPTION||FEE AMOUNT ($USD) *|
|Initial Bin Drop off||Lessor delivers empty (unoccupied) Containers to Tenant at Tenant’s residence.||$0.00|
|Normal Bin Delivery||Lessor delivers occupied Containers to Tenant at Tenant’s residence, at Tenant’s request. Lessor requires at least 48 hours’ advance notice for Normal Delivery.||$25 (three months commitment); $25/bin (without commitment)|
|Larger Item Delivery||If Tenant requests that Lessor deliver larger items (not in bins) to Tenant at Tenant’s residence, there is a Fee Amount for every Larger Item Delivery.||Quoted to each customer separately based on size and number of items.|
|Rush Bin Delivery **||Lessor requires at least 48 hours’ advance notice for Normal Delivery. If Tenant requests delivery of Containers or Larger Items to Tenant’s residence on less than 48 hours’ advance notice, there is a Fee Amount for Rush Delivery. Lessor is not required to make Rush Delivery, but will not charge a Fee Amount if it fails to satisfy such a request.||$125|
|Normal Bin Pick-up||Lessor retrieves occupied or unoccupied Containers from Tenant at Tenant’s residence. Lessor requires at least 48 hours’ advance notice for Normal Pick-up.||$0.00|
|Larger Item Pick-up||Lessor retrieves larger items (not in bins) from Tenant at Tenant’s residence. Lessor requires at least 24 hours’ advance notice for Larger Item Pick-up.||Quoted to each customer separately based on size and number of items.|
|Rush Bin Pick-up **||Lessor requires at least 48 hours’ advance notice for Normal Pick-up. If Tenant requests pick-up giving less than 48 hours advance notice, there is a Fee Amount for Rush Pick-up. Lessor is not required to make Rush Pick-up, but will not charge a Fee Amount if it fails to satisfy such a request.||$100|
* Fee Amount may be amended from time to time, without deduction, prior notice, demand or billing statement.
** Rush Delivery Fees are in addition to other Delivery Fees, where applicable.