Storage Unit Service Schedule
All Service Orders submitted that include the provision of storage unit services and the provision of storage containers and other related equipment (“Equipment) shall be subject to the terms set forth in this Storage Unit Service Schedule (“Schedule”) and the terms herein shall be deemed to be included in the Service Agreement (“Agreement”) as if fully rewritten therein. In the event of any conflict between the provisions of this Schedule and the Service Agreement, the provisions of this Schedule shall prevail as it relates to the specific product or service.
1. Term & Fees
The contract period shall include the day the Equipment is delivered and continue on a monthly basis until the Equipment is picked up. Contract periods are for full months only (each a “Period). Customer agrees to pay Company the monthly charges, delivery, pickup, and other fees, and all applicable taxes including sales taxes, property taxes, and other applicable fees and expenses, as stated in the applicable PWO (hereinafter collectively referred to as “Charges”). Unless agreed to otherwise by Company, all Charges are due monthly in advance without demand and being payable on the date(s) set forth in the PWO (“Due Date”), and Customer shall owe all Charges for each Period, regardless of the number of days Equipment was onsite during the Period. Company reserves the right to charge first and last month Charges, delivery and pickup charges up-front on the initial invoice. Charges are subject to change upon notice to Customer and shall be effective upon the earlier of payment by Customer of its next invoice or the next Charges Due Date. Customer shall be responsible for any final return charges including, but not limited to, return freight charges and fuel surcharges, charged at Company’s or the Service Providers then prevailing rate at the time of removal. Customer shall pay in advance the deposit indicated in the applicable PWO to secure its performance of this Agreement. The deposit will be returned if the Equipment is returned in an undamaged condition. Company may apply the deposit to damage or Charges.
2. Equipment
Except as otherwise specifically stated herein, Equipment is provided on an “As-Is” basis. Customer agrees to inspect Equipment upon delivery and prior to use and to notify Company in writing of any defects. Company will use commercially reasonable efforts to ensure timely delivery and pickup of Equipment; provided that, due to circumstances beyond Company or the Service Provider’s control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, and equipment failure, the Company cannot fully guarantee delivery times or dates.
Customer acknowledges and agrees that the Equipment must be placed on a firm and stable surface and must be easily accessed for the purpose of the Service Providers continuing performance of the Services, and be free of ground or overhead obstructions. In the event that the Service Provider attempts to deliver or pick-up Equipment and is unable to do so for any reason beyond the Service Provider’s control, then Company may assess an inconvenience fee to offset the additional costs incurred.
Customer authorizes the Service Provider to drive on the premises, identified in the Project Work Order, in order to deliver and place the Equipment. Customer warrants to Company that it owns the premises or has express authorization to place the Equipment on the premises identified as the service address. Customer assumes full risk of all damage resulting from the delivery, placement, or retrieval of the Equipment. Except in the case of recklessness or intentional misconduct, Customer releases Company and Service Provider from any responsibility for such damage or from damage resulting from the delivery, placement, use, or retrieval or due to the designated area lacking adequate size, structural strength and/or clearance. Potential damages include but are not limited to physical damage to streets, roadways, driveways, walkways, awnings, overhangs, pavement, curbs, wells, irrigation systems, landscaping, lawn, septic systems and/or underground utilities and include damage to the property or premises from leaks or stains relating to the use of the Equipment.
Upon the delivery of the Equipment to the location as designated in the Project Work Order, Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Company, which may be withheld within the sole discretion of Company. In the event that a relocation of the Equipment is required in order to comply with applicable laws and regulations and/or to allow the Service Provider to perform the Services, then a relocation charge may be assessed by Company within its discretion. Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses incurred in connection with the movement, placement, damage and/or use of the Equipment. Company may arrange for the pick-up of the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.
3. Use Restrictions
Customer shall maintain the Equipment in good and safe operating condition, keeping the Equipment free from pests and vermin. Customer is responsible to inspect the Equipment’s interior and exterior on a weekly basis to assure it is in good working condition. Customer shall keep Equipment freely accessible at all times for inspection and removal. Customer shall keep each Unit free from all liens and grant Company a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges. Customer shall not stack Equipment, allow habitation in Equipment or store any hazardous or toxic material (as classified by any local, state, federal law or regulation), food, perishable goods, acid, gasoline, flammable materials of any kind, fertilizer, charcoal, paints, or explosive materials of any kind, any dangerous items, any controlled substance, malodorous materials or any other items causing staining in any Equipment, or alter any Equipment in any way (including drilling holes, painting or affixing signs). Customer agrees not to store collectibles, currency, heirlooms, jewelry, works of art or anything having sentimental value to Customer and waives any claim for emotional or sentimental attachment to the Contents. The Equipment is for domestic storage only and are not to be used for shipping purposes.
4. No Bailment
Company is not representing to Customer, in any manner whatsoever, that Company is a “warehouseman” as such term is defined by applicable state statutes. No bailment or deposit of goods for safekeeping is intended or created hereunder. 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.
All property and Equipment contents (“Contents”) is stored by Customer at Customer’s sole risk, regardless of the location of the Equipment. Company does not assume any liability for such loss, and carries no insurance coverage for the same. Customer is responsible for their own liability insurance for any loss or damage however caused, and personally assumes all risk of loss, for any and all damage or loss including but not limited to damage to or theft of Customer’s property due to burglary, mysterious disappearance, fire, water, water leakage, rodent damage, earthquakes, acts of God, vandalism, temperature variations, condensation, mold or mildew, vermin, or the active or passive acts or omissions or negligence of Company or Service Provider. Customer specifically waives any legal claims against Company or Service Provider, their respective employees, owners, agents or servants relating to this Agreement, the contents, storage, or moving and transportation of the Equipment.
5. Permits
Customer acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Unless otherwise stated in the applicable work order, Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may arrange for the pick-up of the Equipment without prior notice to Customer and without any liability to Customer.
6. Return & Condition of Equipment Upon Termination
Customer must call the Company to schedule Equipment return. Company will attempt to schedule removal of the Equipment as requested by Customer, but Charges will continue until return of the Equipment is completed. Customer is responsible to remove all locks and clean and empty the Equipment prior to return to Service Provider. Service Provider may remove all locks and empty the Equipment, and any Contents left in Equipment may become Company’s or Service Provider’s property without payment.
Upon termination of this Agreement for any reason, Customer shall remove all Customer’s property from the Equipment, unless such property is subject to Company or Service Provider’s lien rights, and shall immediately deliver possession of the Equipment to Service Provider in the same condition as delivered to Customer at the beginning of this Agreement, reasonable wear and tear expected. Customer shall pay Company all charges to clean, paint, repair, remove locks, make immediately ready for re-lease any Equipment and to remove, store, or dispose of Contents. Customer agrees that any personal property left in the Equipment shall be deemed abandoned by Customer, and with respect thereto, Customer authorizes Company to have such property removed from the Equipment and either dispose of it in Company’s sole discretion or to retain such property as security for payment of the removal charges and/or any other amounts due Company. Customer shall be responsible for any reasonable charges associated with cleaning up of the Equipment and disposal of such property by Company.
7. Damage to Equipment
While at Customer's location and until returned to Service Provider's facility, Customer shall bear the risk of loss and damage to Equipment including but not limited to damage or loss caused by theft, vandalism, forces of nature, use, or misuse of the Equipment. Customer agrees that all Equipment furnished under this Agreement to Customer must be returned Service Provider in the same condition as delivered, subject only to normal wear and tear. In the event of damage, Customer shall pay the lesser of (a) the cost of repair, or (b) the cost of replacement, which will be billed to the Customer in the event of loss. No loss or damage to Equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement. Customer shall be responsible for personal injury and/or property damage arising from or relating to Customer’s or its agent’s negligence or unauthorized movement or misuse of the Equipment.
Effective 2.22.2024