- CUSTOMER (person identified in the customer form/agreement) further covenants with COMPANY (Steel City Storage Inc.) that at the expiration of term of this contract, peaceable possession of the Storage Unit shall be given to the COMPANY, in as good condition as they are now, normal wear excepted; and the CUSTOMER agrees not to let, sublet, or assign the whole or any part of the Storage Unit without the prior written consent of the COMPANY. CUSTOMER agrees not to affix shelving or other articles to the walls, ceiling or doors of the Storage Unit. CUSTOMER must provide his/her/its own lock and keep the Storage Unit locked at all times, using only one lock per Storage Unit door hasp.
- CUSTOMER shall not place or keep in the Storage Unit explosives, flammable liquids, contraband or other goods prohibited by the law and agrees to abide by any rules promulgated by the COMPANY governing the use of the Storage Unit and the premises at 8399 Airport Road E. Mount Hope, Ontario L0R 1W0 (the “Premises”). CUSTOMER shall not permit damage to the Storage Unit or the Premises and shall indemnify and hold the COMPANY harmless from any claim or cause of action arising out of CUSTOMER’s use of the Storage Unit and the Premises. CUSTOMER assumes responsibility for any loss or damage to property stored by CUSTOMER in the Storage Unit located on the Premises and may or may not elect to provide insurance coverage for the same. COMPANY DOES NOT MAINTAIN INSURANCE FOR THE BENEFIT OF CUSTOMER, WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT CUSTOMER MAY HAVE OR CLAIM BY USE OF THE STORAGE UNIT AND/OR USE OF THE PREMISES TO ACCESS SAME AND EXPRESSLY RELEASES THE COMPANY FROM ANY LOSSES AND/OR DAMAGES TO SAID PROPERTY CAUSED BY FIRE, THEFT, WATER, RAINSTORMS, TORNADO, EXPLOSION, RIOT, RODENTS, CIVIL DISTURBANCES, INSECTS, SONIC BOOM, LAND VEHICLES, UNLAWFUL ENTRY, OR ANY OTHER CAUSE WHATSOEVER, NOR SHALL THE COMPANY BE LIABLE TO CUSTOMER AND/OR CUSTOMER’S GUEST OR INVITES OR AGENTS WHILE ON OR ABOUT THE PREMISES.
- All Storage Agreements expire on the day prior to due date each month. The COMPANY may terminate a Storage Agreement at their option if CUSTOMER is not in full compliance with the terms of this Storage Agreement, subject to COMPANY’s approval. CUSTOMER’S FAILURE TO VACATE THE STORAGE UNIT AND THE PREMISES OR REMOVE THEIR LOCK ON DAY PRIOR TO DUE DATE OF THE NEXT MONTH AUTOMATICALLY RENEWS THE STORAGE AGREEMENT FOR ONE (1) MONTH.
- CUSTOMER agrees to give the COMPANY ten (10) days written notice of his/her/its intention to vacate the Storage Unit. THERE ARE NO PRORATED FEE REFUNDS IN THE EVENT THE STORAGE UNIT IS VACATED BEFORE THE DAY PRIOR TO DUE DATE. If the Storage Unit is vacated on or after the due date of the next month, a full month’s Storage Fee is due.
- Storage Fee payments are due on the __ day of each month without demand. Payments made after the 10th day of payment due date are subject to a $10.00 Late Charge. Mailed payments must be postmarked by the 10th day after the payment due date to avoid the Late Charge. If Storage Fee payments are not paid in full within fifteen (15) days of; the due date, including Late Charge, and/or Returned Charge, of Miscellaneous Charge, the COMPANY may, at its option, declare the CUSTOMER in default. No notice need be given of default. THE COMPANY
DOES NOT SEND OUT BILLINGS FOR MONTHLY STORAGE FEE CHARGES.
- The COMPANY may, at its option, take possession of the goods in the Storage Unit on or after day 11 of payment due date if full payment is not received by that date. Taking possession of the goods shall consist of over-locking the Storage Unit door to prevent CUSTOMER’s access to the Storage Unit until all Storage Fees, late fees and miscellaneous charges are paid in full.
- The CUSTOMER acknowledges that COMPANY shall have a lien, in accordance with the Repair & Storage Liens Act, R.S.O. 1990 c.R.25, as amended, upon any CUSTOMER container located on the Premises (a “CUSTOMER’s Container”) and all personal property stored in the said CUSTOMER’s Container and all personal property stored in a Storage Unit for any unpaid Storage Fees, Late Charges, and any other amounts owing from CUSTOMER to the COMPANY hereunder (the “Lien”).
- The CUSTOMER acknowledges and agrees that sixty (60) days after default of payment of any amount due under this Storage Agreement, the personal property in the Storage Unit may be sold provided fifteen (15) days prior written notice (the “Notice”) has been given to the CUSTOMER. The Notice may be delivered any time after forty five (45) days after default of payment and may be delivered either personally or by depositing the Notice into the mail, first-class mail postage prepaid, to his/her/its address shown on this Storage Agreement and a $30.00 registered mail fee will be applied to the CUSTOMER’S account. If the Notice is delivered via mail it shall be deemed to be received by CUSTOMER on the fifth (5th) day after it was mailed. All moving, storage and/or sales costs associated with sale of goods shall be borne by CUSTOMER. After default in payment has continued for forty five (45) days from the due date ONLY PAYMENT IN FULL OF ALL AMOUNTS OWING WILL BE ACCEPTED TO STOP LIEN ENFORCEMENT STEPS THAT HAVE BEEN INITIATED. PARTIAL PAYMENTS WILL NOT STOP ANY ENFORCEMENT PROCEDURES OR LEGAL ACTION.
- If the CUSTOMER is in default under the terms of this Storage Agreement the COMPANY may, at its option, REMOVE THE CUSTOMER’S LOCK AT CUSTOMER’S EXPENSE. The COMPANY may at this time move property to another location to be stored and CUSTOMER agrees to be solely liable for any damage, loss or expenses incurred by this action. And the parties agree that the COMPANY shall have a lien upon all personal property stored in the unit to secure payment of this charge, as well as all other charges owed to the COMPANY. If the CUSTOMER’s account is brought current, the COMPANY shall remove its lock. IT IS THE CUSTOMER’S RESPONSIBILITY TO REPLACE HIS/HER/ITS LOCK AT THE TIME OF PAYMENT TO INSURE THE SECURITY OF THE STORAGE UNIT AND TO SECURE THE STORAGE UNIT BY A LOCK (only one lock per unit door hasp). AT ALL TIMES, THE COMPANY WILL NOT SUPERVISE USE OF STORAGE UNIT IN ANYWAY. THE SAFETY OF ITEMS STORED BY THE CUSTOMER IS THE RESPONSIBILITY OF THE CUSTOMER.
- If the COMPANY is required to obtain the services of a lawyer to enforce any of the provisions of this Storage Agreement, CUSTOMER agrees to pay in addition to the sums due hereunder, an additional amount as and for lawyer’s fees and costs incurred on a full indemnity basis.
- The COMPANY will have the right in the event of an emergency to enter the Storage Unit with whatever reasonable force is necessary. They may at their discretion, deny access to the Premises and the Storage Unit in case of inclement weather or emergencies.
- A returned cheque is subject to a charge of $30.00, which shall be considered part of the fee for use of the Storage Unit. CUSTOMER shall be in default and the Storage Unit may be overlocked by the COMPANY, until amount of the returned cheque, returned cheque charge, and any additional charges due are paid in full. Payment must be made by cash, money order, credit card or certified cheque.
- The Monthly Fee rate, deposit amount, late charge, cut-lock, and returned cheque charge
are each subject to increase on day __ of each month. CUSTOMER shall be given thirty (30) days written notice of such increases and this Storage Agreement shall be deemed to be so altered if the CUSTOMER continues his/her/its use of the Storage Unit beyond the effective date of the increase. Notice shall be deemed given when the COMPANY deposits first-class mail, postage prepaid to CUSTOMER at the address given on this Storage Agreement or written change of address received from CUSTOMER prior to delivery of the Notice. CUSTOMER shall notify the COMPANY of any change in his/her mailing address in writing within twenty (20) days of such change. A new Lease does not have to be executed for any new fee rate increases.
- Off-site Storage & Delivery – CUSTOMER will accept delivery of the Storage Unit to the designated address as set out on the front of this Storage Agreement. CUSTOMER shall not assign, move or remove the Storage Unit from the delivered location without the consent of the COMPANY which may be unreasonably withheld. Any Storage Unit that is relocated in breach of this Agreement may be recovered by the COMPANY at any time in any manner at the sole risk of CUSTOMER as to both the Storage Unit and its contents. The COMPANY assumes no liability for any damage caused to CUSTOMER’s Property (including building, lawns, driveways and landscaping) resulting from delivery of any Storage Unit to the CUSTOMER at the designated location, so long as reasonable care was used. The COMPANY may refuse to make delivery to any location that it deems excessively risky unless CUSTOMER assumes all risk of such delivery. The COMPANY shall at no time be responsible for loss, damage to or destruction of any cargo stored or transported in the Storage Unit and the CUSTOMER agrees to indemnity and save harmless the COMPANY from any claim with respect to such cargo. CUSTOMER is responsible for taking the proper measures when packing their goods, so as to avoid damages in transit.
- Any right granted herein to the COMPANY may be exercised by the COMPANY’s agent or other representative or agent.
- The covenants herein contained shall extend to and be binding upon the parties hereto, their heirs, executors, administrators and assigns.