Rental Terms and Conditions

The term of this Rental Agreement shall be four (4) weeks beginning as at the date above which was chosen by the Lessee and shall continue on a four (4) week basis tenancy until terminated.  The minimum rental period shall be FOUR (4) weeks.  Lessee shall not be entitled to a refund of any paid rent for the first 4 week rental period under any circumstances, whether or not the storage container continues to be in use by Lessee or whether Lessee elects to have the container picked up by Lessor prior to the end of the first 4 week rental period.  If Lessee elects to terminate this Rental Agreement after the first four (4) week rental period has passed, Lessee will be entitled to a Prorated portion of the unused funds.  Delivery and Pick-Up charges are NOT refundable.  The four (4) week rental amount may be increased by the Lessor giving notice to Lessee no less than twenty-eight (28) days prior to the effective date of such increase.  All terms and conditions of this rental agreement shall remain in effect regardless of any such increase.

All fees are subject to HST of 13% and are due and payable in advance as defined herein.  Late charges shall be assessed if fees are paid after a payment due date.  A late fee of $15.00 will assessed for all late payments. Accepted forms of payment are Cash, Visa, Mastercard, Debit, Certified Cheques or Money Orders, eTransfer & EFT. A valid credit card must be on file even if an alternate payment method is selected.  Lessee authorizes Lessor to charge credit card for any rent or fees due if Lessee is delinquent for more than THREE (3) days even if Lessee has selected another method of payment.  Lessee will be charged an additional $75.00 fee for credit card processing transactions that cannot be completed: i.e. over limit, incorrect expiry date, cancelled card, etc.

Only property that the Lessee owns or is an authorized agent of said property shall be stored.  Lessee will not store property which belongs to another or in which another has right, title or ownership interest.  No perishable goods, flammable materials, explosives, fuel, improperly contained food products or other dangerous materials will be stored by the Lessee.  Lessee shall not use the container to store any personal property or other property in the container which would violate any law or regulation of any government authority.  Lessee acknowledges and agrees that the container is not intended for or suited to the storage of irreplaceable property, books, records, writings, works of art, heirlooms, precious archives or other items for which there is no immediate resale market, or for objects having emotional value or records relating to the stored goods.  Lessee acknowledges that the container is for storage of personal property only and may not be used for human or animal habitation.

Lessee shall NOT use the container for the storage of hazardous materials or for any other property where storage in such a container is in violation of any law or ordinance in effect at the place where the container is located.  Lessee agrees to pay the cost of remediation of any damage to the container resulting from the storage of any such property or any other property, in the container whether such damage be physical in nature or otherwise.  The Lessee hereby acknowledges that he/she has read and understands the provisions of this paragraph and agrees to comply with its’ requirements.

Lessee assumes full responsibility and liability for packing Lessee’s property and packing Lessee’s property into container and removing property from container.  Lessee assumes responsibility for securing and tying down property for road transportation.  Lessee acknowledges that maximum weight of Lessee’s property contained in the container shall NOT exceed 4,000 pounds.  Lessee further acknowledges that Lessor shall not be responsible or liable for any damage to Lessee’s property for any reason, whether damage occurs while unit is stored at Lessee’s or Lessor’s designated location, or for damage occurring during moving of container or during over the road transportation, or when container is moved by Lessor for Lessee’s failure to make required payments to Lessor.  Lessee acknowledges that he/she has read and understands the provisions of this paragraph and agrees to comply with its’ requirements.

All property stored by Lessee is stored at Lessee’s sole risk & responsibility, & all property & contents insurance is Lessee’s sole responsibility. Lessee may obtain insurance from any insurance provider of Lessee’s choice for the property stored in the container. In the event Lessee does not obtain insurance coverage for the full value of the Lessee’s property stored in the container, Lessee will personally assume all risk of loss, including damage or loss by burglary, fire, vandalism, vermin, water, dampness, mould, mildew, etc.  Lessee understands and agrees that Lessor does not list, review or inspect the contents of the container, nor has interest or concern with the value, quality or type of goods stored in the container pursuant to this Rental Agreement.  Lessor and Lessor’s agents, affiliates, authorized representatives and employees and/or King Cans, will not be responsible or have responsibility for any loss, liability, claim, expense, damage to property or injury to persons, that could have been insured including, but not limited to, any loss arising from the active or passive acts, omissions or negligence of Lessor or Lessor’s agents, and Lessee hereby releases from Lessor and Lessor’ agents from any such responsibility. Lessee waives any right of recovery against Lessor or Lessor’s agents for the Released Claims herein. Lessee expressly agrees that the carrier of any insurance obtained by Lessee shall not subrogate any claim of Lessee against Lessor or Lessor’s agents. Lessor shall not be liable for any damage to lessee’s property for any reason whether occurring during over the road transportation when the container is moved by lessor, for failure of payments by lessee, or in any other manner.  

Neither Lessor or Lessor’s agents have responsibility of any kind to Lessee or any person or representative of Lessee for any loss, expense, damage, claim, liability or injury to persons from any cause.  This Limitation of Liability shall include, without limitation, any cause or act by Lessor or Lessor’s agents whether active or passive, or by omissions, negligence or conversion, except for the event of Lessor’s fraud, wilful injury or wilful violation of law.

Lessee shall indemnify and hold Lessor and Lessor’s agents harmless from any loss in any manner whatsoever, which may arise out of Lessee’s use of the storage container or of Lessor’s designated storage location.

Lessor will normally attempt to place container on a paved surface or driveway.  Lessee acknowledges that the designated container “parking” area must have adequate height, depth, width and manoeuvring space.  Lessee also acknowledges that it may be necessary for Lessor to move vehicle and container on lawn or other unpaved area in order to place container in the “parking” area designated by Lessee.  Lessee hereby relieves Lessor from any responsibility for property damage that occurs from placement or manoeuvring of the container.  Lessee acknowledges that it may be necessary for Lessor to refuse to place container at Lessee’s designated “parking” location when Lessor identifies lack of safe or risk-free conditions, and Lessee acknowledges that Lessor may levy a surcharge for difficult placement of container.  In the event that the Lessor is unable to place the container at the Lessees desired location, the Lessee agrees to pay the regular drop off fee for the work attempted.

Lessee shall provide access to the container to Lessor, Lessor’s agents, Police, Fire Officials or other government authorities as required.  Should Lessee refuse or fail to provide access as required, or in the event of emergency or default of  the Lessee’s responsibilities stated herein, Lessor, Lessor’s agents or any governmental authority shall have the right to remove Lessee’s lock and enter the container to examine the container and its contents or to make repairs or alterations or to take such other action as deemed appropriate in the circumstances.  In the event the container has been damaged or the Lessor’s designated storage location is damaged in any manner arising from the deliberate or negligent acts or omissions of the Lessee, all expenses incurred upon Lessor to make repairs including any expenses to cover investigation of site conditions, or work to clean up, remove or restore container or comply with any applicable law or regulation, shall be paid by Lessee as additional rent and shall be due upon demand by Lessor.

A lock suitable to secure container shall be supplied by Lessee at Lessee’s own expense.  Lessor shall not receive from Lessee, any combinations or keys to said lock.

Lessee shall not make any alterations, modifications or attachment to the container without the prior written consent of the Lessor. Lessee shall not move container from the location where it is placed by Lessor without the prior consent of Lessor in writing.

No warranties, either expressed or implied, are made by Lessor to Lessee.  Further, Lessor makes no guarantees or representation regarding the condition, safety, security or nature of container or the Lessor’s designated storage location.  Lessee hereby acknowledges that he/she has inspected the containers and hereby acknowledges and agrees that this Rental Agreement does not create any duty, contractual or otherwise, by Lessor to create or maintain any such safety or security.

If Lessee fails to make any payment of any amounts payable herein, as and when such payment becomes due and/or if Lessee defaults in the performance of any of its other obligations hereunder, and such non-payment or other default continues for a period of SEVEN (7) consecutive days, then all unpaid rent and all other amounts payable hereunder, shall be forthwith due and payable in their entirety and Lessor shall have the rights, at Lessor’s election or at any time while such default continues, to Terminate this Rental Agreement by giving notice to Lessee, in which case Lessee shall immediately surrender container to Lessor.  Should Lessee refuse or fail to surrender container to Lessor, Lessor may enter upon Lessee’s property and take possession of container, and Lessee’s property stored in the container, and expel or remove Lessee without being liable for prosecution or any claim of damages therefore.  Lessee hereby agrees to pay Lessor or demand for the amount of all loss and/or damage which Lessor may incur by reason of termination, whether because of inability to relet the container on satisfactory terms or otherwise. Lessor’s application of the remedies hereto shall not preclude Lessor from Lessor’s right to seek any other remedies provided for under the applicable laws of the Province of Ontario or under these rental terms.

Lessor is hereby authorized by Lessee to release any information regarding Lessee and Lessee’s tenancy as required by law or requested by police or other governmental or law enforcement agencies or courts. 

Any notices or demand required to be given under the terms of the Rental Agreement, except as otherwise specifically provided, may be personally served or may be served by first class or registered mail, with postage prepaid and addressed to the party to be served.  Any notice sent by first class mail shall be deemed delivered on the third business day following the date of mailing with postage fully prepaid and addressed in accordance with the provisions hereof.  For the purposes hereof, any notice required to be delivered to Lessee by Lessor shall be deemed to have been delivered, if delivered in person, or when such notice is addressed and mailed to Lessee to the address provided by Lessee in this Rental Agreement or at such other address as Lessee shall have notified Lessor by giving written notice to Lessor at the address specified for the Lessor in the Rental Agreement.

Lessee hereby grants to lessor a contractual lessor’s lien upon all property, now or at any time hereafter stored in the containers, to secure the payment of all rents or other charges payable by lessee under the terms and conditions of this rental agreement.  Said lessor’s lien shall not limit or preclude lessee from any other liens or remedies provided by law to secure and collect rent, including the lien as set forth in “commercial tenancies act / repair and storage liens act of the province of Ontario” and cumulative therewith.  Should lessee default in the payment when due or any instalment of rent or other charges due and payable in accordance with this rental agreement, lessor may seize and dispose of lessee‘s property against which a lien is attached under “commercial tenancies act / repair and storage liens act of the province of Ontario” and cumulative therewith.  Notice shall be delivered to lessee of any such surplus or deficiency and any such surplus shall be disposed of as required by law and lessee shall pay any deficiency forthwith. For the purposes hereof, any notice required to be delivered to lessee by lessor shall be deemed to have been delivered when received. If delivered in person, or when such notice is addressed and mailed to lessee , postage prepaid, to the address provided by lessee in the rental agreement or at such other address as lessee shall have notified lessor by giving written notice to lessor at the address specified for lessor in this rental agreement.

Lessee may terminate this Rental Agreement at any time after the expiration of the first term, by giving a three (3) business-day notice to Lessor.  Lessee hereby acknowledges that the minimum rental term for the container is four (4) weeks and no refund of rents shall be made should Lessee elect to terminate the Rental Agreement before the first four (4) week rental period has expired.  If Lessee elects to terminate this Rental Agreement after the first four (4) week rental period has passed, he/she will be entitled to a Prorated refund of the unused funds. Delivery, pick-up fees and any other charges due are NOT refundable.

Lessor may terminate this Rental Agreement at any time by delivering to the Lessee not less than SEVEN (7) days notice of such cancellation which may be delivered by hand, by e-mail, by fax or by registered mail to the Lessee.  The termination of the Agreement by Lessor will not affect Lessor’s right to pursue any remedy available to it under this Rental Agreement or otherwise available to Lessor under law.

Lessee shall remove all of Lessee’s property from the container upon termination for any reason, unless such property is subject to Lessor’s lien rights, described herein, and shall immediately surrender container to Lessor in the same condition as when delivered to Lessee by Lessor at the beginning of the Rental Agreement, reasonable wear and tear excepted.  Lessee must sweep and remove all debris from container, or a cleaning and/or debris disposal fee will be added in addition to any other charges.

Lessee shall give notice to Lessor of any change of address and/or phone numbers different from the address and/or phone numbers provided in this Rental Agreement with five (5) days of the change, providing current address and phone numbers.

Lessee shall not sublet or assign the container or any portion thereof without the prior written consent of Lessor.  Lessor may assign or transfer this Rental Agreement without the consent of Lessee and by such assignment or transfer; Lessor shall be released from all obligations under the Rental Agreement occurring after such assignment or transfer.

Time is of the essence in regard to this Rental Agreement.  All of the provisions of this Rental Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assign of the parties hereto.

This Rental Agreement shall be governed and construed in accordance with the laws of the Province of Ontario.  If any provision of the Rental Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision of part thereof and the remaining part of such provision and all other provisions of the Rental Agreement shall continue in full force and effect.

Lessee’s use of container is subject to county, city, provincial and local ordinances, rules and regulations including deed and the homeowner restrictions.  Lessee assumes full responsibility for any fines or penalties, monetary or otherwise, resulting from Lessee’s use of the container.  If the container is required to be moved by a governing agency or authority from the Lessee’s property or assigned location for the container, Lessor will attempt to notify Lessee of such requirement. Lessee hereby gives to Lessor full authority to comply with governmental requirements and absolves and holds Lessor harmless for any resulting damage to Lessee’s property.  If Lessee is renting or leasing the property where the containers is located, other than property owned by Lessor, and the landlord of the property requests that the container be moved or relocated.  Lessee hereby gives Lessor full authority to comply with the landlord’s request, absolves and holds Lessor harmless from any liability for any resulting damage to landlord’s or Lessee’s property, and Lessee is fully responsible for all cost incurred.

This Rental Agreement sets forth the entire agreement between the parties hereto and supersedes and all prior agreements or understandings with respect thereto.  There are no representations, agreements or warranties by or between the parties which are not fully set forth herein and no representative or agent of Lessor or Lessee is authorized to make any representations, agreements, or warranties other than expressly set forth herein.  This Rental Agreement may only be amended by writing agreed to and executed by the parties hereto.