The parties hereto hereby agree as follows:
3 MEN MOVERS IS NOT A “WAREHOUSEMAN”– This Rental Agreement is between The Original 3 Movers, LTD. and “Tenant”, whose name is on the Rental Agreement, for the purpose of renting a mobile storage Container(s), with the express understanding and agreement that no bailment of goods for safekeeping is intended or created hereunder. Due to the nature of Lessor’s business and its purpose being storage, that Lessor is not representing to Tenant, in any manner, that Lessor is a “warehouseman” as such term is defined by applicable state statutes. The parties also understand and agree that any laws including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment of a bailment relationship pertaining to the deposit of goods for safekeeping shall not apply to this Rental Agreement.
FACILITY ACCESS-Tenant has the option to store the Container(s) with Lessor or have the Container(s) remain at Tenant’s designated location. Tenant shall have access to the Container(s), only during specified hours which are normally business hours Monday through Saturday (excluding Federal holidays); by giving advance notice of at least 3 hours to Lessor. Please call 3 Men Movers to confirm access hours.
STORAGE AT TENANTS’ LOCATION-Should Tenant elect not to store the Container(s) at a Facility, the Container(s) shall remain located at the address designated by Tenant on the Rental Agreement. Tenant hereby authorizes Lessor to enter upon the property designated on the Rental Agreement whenever Lessor deems it necessary to enforce any of Lessor’s rights pursuant to this Rental Agreement or pursuant to any state or federal law.
CONTAINER LEASED “AS IS”-Tenant has examined the Container(s), or will have the opportunity to do so before its use, and acknowledges and agrees that the Container(s) is satisfactory for all purposes for which Tenant shall use it. NO REPRESENTATIONS OR WARRANTIES. Lessor hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Container(s) and the Facility, including any warranties of merchantability or fitness for a particular use or purpose, and Tenant hereby acknowledges, that Tenant has inspected the Container(s) and has had the opportunity to inspect the Facility and hereby acknowledges and agrees that the Lessor does not represent or guarantee the safety or security of the Container(s) or the Facility or any property stored therein and this Rental Agreement does not create any contractual duty for Lessor to create or maintain such safety or security. Lessee further acknowledges and understands that Lessor makes no assurances or guarantees regarding the time of pick-up or delivery of any Container(s).
LESSOR’S LIABILITY; INDEMNITY-Lessor will have no responsibility to Tenant or to any other person for any Loss from any cause, including, without limitation, Lessor active or passive acts, omissions, negligence or conversion, unless the Loss is directly caused by Lessor’s fraud, willful injury or willful violation of law. Tenant shall indemnify and hold Lessor harmless from any Loss incurred by Lessor in any way arising out of Tenant’s use of the Container(s) or Facility. Tenant agrees that the Lessor’s total responsibility for any Claim shall not to exceed $5,000.
PLACEMENT OF CONTAINER-Tenant acknowledges that Lessor will normally place the Container(s) on a driveway or other paved surface immediately accessible from a street fronting Tenant’s premises. Tenant authorizes Lessor to 1) Drive on Tenant’s lawn or other non-paved area in order to place the Container(s) in the area designated by Tenant or to place the Container(s) in an area lacking adequate clearance, or 2) Drive on a paved surface. In either case Tenant assumes full risk for all damage resulting from the placement of the Container(s) and relieves Lessor from any responsibility for such damage. At the discretion of the Lessor to and only at tenants request Unit may be placed on public right of way for no more than 3 days. However, should public authorities request removal from public right of way, Tenant shall be liable for cost to move unit to alternate location. This additional cost is equal to the cost of the Trip Charge of delivery to tenant’s location. Tenant agrees that they will not relocate the Container(s) while on tenant’s property. In the event it is determined that the Container(s) has been relocated, Tenant agrees to pay an additional fee of not less than $75.00 and up to current retail value of the Container(s) plus any cost of shipping associated with the retrieval of the Container(s).
LOCAL ORDINANCES AND REGULATIONS-Tenant acknowledges that Tenant’s use and placement of the Container(s) may be subject to county, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules. Lessor shall not be responsible for any restrictions that may be imposed by any ordinance, rule and/or regulation and Tenant assumes full responsibility for investigating local ordinances and shall pay any fines and/or penalties, monetary or other, resulting from Tenant’s use or placement of the Container(s) in violation of such ordinances, rules and/or regulations. If an authority requires Lessor to remove the Container(s) from Tenant’s premises, Lessor will attempt to notify Tenant of such requirement; however, Tenant gives Lessor full authority to comply with such requirements, and absolves Lessor of any liability for any liability for any resulting damage to Tenant’s premises or property. Additionally, if Tenant is renting or leasing the premises where the Container(s) is located, other than property owned by Lessor, and the landlord of the premises requests that the Container(s) be removed or relocated, Tenant gives Lessor full authority to comply with the landlord’s request, and absolves Lessor of any liability for any resulting damage to Tenant’s property or the premises and shall indemnify and hold harmless Lessor from any claims by the landlord for damage to the premises. Tenant further understands that should the Container(s) be removed by any person other than Lessor, Tenant assumes all costs including but not limited to legal fees, removal and storage that are incurred with the Container(s) retrieval and further agrees to pay Lessor for any damages that are associated with such removal and storage of the Container(s).
ALTERATIONS– Tenant shall not make or allow any alterations of any kind or description whatsoever to the Container(s) without, in each instance, the prior written consent of the Lessor.
LOCK-Tenant shall provide, at Tenant’s own expense, a lock for the Container(s) which Tenant, in Tenant’s sole discretion, deems sufficient to secure the Container(s). 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. Tie Downs and Blankets must be provided by the tenant for protection of the TENANT’S property, neglecting to use these items will most likely result in damages that Lessor will not be liable for. INSURANCE. ALL PROPERTY IS STORED BY TENANT AT TENANT’S SOLE RISK; INSURANCE IS TENANT’S SOLE RESPONSIBILITY. Tenant personally assumes all risk of loss, including damage to or theft of Tenant’s property due to burglary, mysterious disappearance, fire, water, rodent damage, earthquakes, acts of God, vandalism, mold or mildew or other vermin in the event Container is stored on Lessee’s property. Tenant agrees to insure the actual full value of the stored property against loss and damage. In the event the mobile unit is stored in the warehouse of Lessor, and/or its authorized representatives (“Lessor’s Agents”), the Lessor shall assume responsibility for loss arising from specified named perils (such as fire, wind, hail, smoke, collapse of building, burglary). Tenant may choose to obtain supplemental insurance from their own homeowner or renter’s carrier or Tenant may elect to be “self insured.” In the event Tenant does not obtain insurance , the Tenant assumes all responsibility for specified loss; With the exception of liability for named perils specifically assumed by contract, Tenant hereby releases Lessor from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons (“Loss”) that could have been insured against including, without limitation, any Loss arising from the active or passive acts, omission or negligence of Lessor (“Claims”). Tenant waives any rights of recovery against Lessor for any Claims, and Tenant expressly agrees that the carrier of any insurance obtained by Tenant shall not be subrogated to any claim of Tenant against Lessor; although Lessor may share information about the insurance policy purchased by the Lessor, Tenant understands that Lessor is not an insurance company or insurance agent. 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. Lessor’s agreement to assume responsibility for and obtain insurance protecting Tenant’s contents from loss is not an insurance transaction.
USE OF CONTAINER AND COMPLIANCE WITH LAW. 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. Tenant agrees that if the aggregate value of all personal property stored in the Container exceeds or is deemed to exceed $5,000, it is Tenant’s responsibility to adequately insure the stored property. 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 the Container(s) pursuant to this Rental Agreement. Tenant shall not store: food or perishable goods, Hazardous Materials, flammable materials, explosives, inherently dangerous material, or perform any work in the Container(s).
Furthermore, Tenant acknowledges and agrees that the following items should be excluded from storage: money, bank notes, script, securities, accounts, deeds and evidences of debts; letters of credit and notes other than bank notes; bullion, gold ware, silver, silverware, platinum, coins, precious metals and pewter; stored 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; computer software or programs, media or computer data contained on hard disks or drives.
Tenant acknowledges and agrees that the Container(s) 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 which are claimed to have special or emotional value to Tenant and records or receipts relating to the stored goods and Lessor shall not be liable for any damage resulting to such items.
Tenant shall not store any personal property in the Container(s) which would result in the violation of any law or regulation, including with limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters. For purposes of this Rental 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 the Container(s) in any manner that will constitute waste, nuisance or unreasonable annoyance to other tenants in the Facility. Tenant specifically acknowledges the following: (a) that the Container(s) may be used for storage only, and that the use of the Container(s) for the conduct of business or for HUMAN OR ANIMAL HABITATION IS SPECIFICALLY PROHIBITED: (b) that the Tenant assumes full responsibility and liability for packing Tenant’s property in the Container(s) and for securing Tenant’s property for over the road transportation, unless they hire the services of 3 Men Movers to perform this task. In this case 3 Men Movers will be responsible in accordance to the signed Proposal/Contract(s), governed by the rules of the Texas Department of Transportation. (c) that the maximum weight of Tenant’s property shall not exceed 7,500 pounds contained in a sixteen-foot(16’) Container(s).
TERM AND RENT-The term of this Rental Agreement commences on the delivery date and continues thereafter on a month-to-month tenancy until terminated. Tenant must pay the Lessor, in advance, monthly rent on each Due Date (as defined below) in the amount set forth on the invoice, without deduction, prior notice, demand or billing statement. The date the Container(s) 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. Tenant must pay, in advance; at least one month’s rent. Tenant will not be entitled to a refund or any prepaid rent under any circumstances. The monthly rent may be adjusted by Lessor effective the month following written notice by Lessor to Tenant specifying such adjustment, which notice shall be given not less than thirty(30) days or one (1) calendar month prior to the first day of the month for which the adjustment will be effective. Any such adjustment, in the monthly rent will not otherwise affect the terms of this Rental Agreement, of which will remain in full force and effect.
FEES AND DEPOSITS (a) In the event Tenant shall fail to pay Rent by the 10th day after the Due Date, Tenant shall pay, in addition to any other amounts due, a late charge of $25.00. Tenant returned checks will be subject to a $35.00. A returned check will cause customer’s account to remain unpaid and subject any late charge that may apply. (b) If Tenant is delinquent in the payment of rent or other charges due under this Rental Agreement for more than thirty days (30), Tenant shall pay a lien handling charge of $25.00 for Lessor’s costs in processing the delinquent account, including lien sale costs, whether or not a lien sale occurs. In the event Tenant is delinquent in the payment of rent or other charges due under this Rental 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 account, without the signature of Tenant, for such amounts owed by Tenant to Lessor, 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) If the Tenant fails to cancel a leg of delivery before 5:00 pm central time the day before the scheduled leg tenant shall be assessed a $25.00 cancellation fee, payable at time of cancellation. This includes if Unit or location is not ready for delivery, pick-up, or move by the time of lessor’s agent’s arrival the day of scheduled delivery, pick-up, or move. (d) A “Trip Charge” will incur in connection with moves between Facilities and Tenant’s locations. Non-Refundable deposits may be required for some moves and Materials, shall be paid by the Tenant as additional monies and shall be due upon demand by the Lessor
TERMINATION-Either party may terminate this Rental Agreement at the expiration of any term giving notice to the other party not less than seven (7) days before expiration and such termination shall be effective as of the last day of the rental month. Notwithstanding the foregoing, no monthly rent shall be prorated if the termination occurs prior to the end of a full rental month.
DEFAULT-The following events shall be deemed to be events of default by Tenant under this Rental Agreement: (a) Tenant shall fail to pay any installment of the rent due under this Rental Agreement. (b) Tenant shall fail to comply with any term, provision or covenant of this Rental Agreement, other than the payment, and shall not cure such failure within ten (10) days after written notice thereof to Tenant; or (c) Tenant shall abandon the Container(s).
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 applicable laws under this Rental Agreement. 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 (INLUDING REASONABLE ATTORNEY’S FEES AND OTHER EXPENSES). Lessor may immediately terminate this Rental Agreement by giving notice to Tenant, in which event Tenant shall immediately surrender the Container(s) 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, deny Tenant’s access to the Container(s) if located at the Facility or enter upon Tenant’s premises and take possession of the Container(s) and Tenant’s property stored in the Container(s), and expel or remove Tenant, without being liable for prosecution or an 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 the Container(s) on satisfactory terms or otherwise.
NOTIFICATION OF CHANGE OF ADDRESS-In the event Tenant shall change Tenant’s place of residence or alternate address from the place on the attached Rental Agreement, 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 the Container(s) 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 is unavailable.
LESSOR’S LIEN-IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY APPLICABLE STATE LAW, INCLUDING THAT SET FORTH IN TEXAS PROPERTY CODE SECTION 59.001, ET SEQ., 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 CONTAINER(S) OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL RENTS OR OTHER CHARGES PAYBABLE UNDER THIS RENTAL AGREEMENT. IN THE EVENT TENANT IS IN DEFAULT OF THIS RENTAL AGREEMENT, LESSOR MAY EXERCISE THE ENFORCEMENT OF ITS LIEN INCLUDING DENIAL OF ACCESS TO THE CONTAINER(S) BY THE TENANT, AGAINST ALL PROPERTY OF TENANT STORED IN THE CONTAINER(S) OR AT THE FACILITY IN ACCORDANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, TEXAS PROPERTY CODE SECTION 59.001 ET SEQ., 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 OCCUPANT WITHIN ONE YEAR AFTER SALE OF PROPERTY. AS LESSOR HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE CONTAINER(S), TENANT HEREBY WAIVES ANY OBLIGATION THAT LESSOR PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN TENANT’S CONTAINER, TO THE EXTENT REQUIRED BY APPLICABLE STATE LIEN LAWS.
CONDTION OF CONTAINER UPON TERMINATION-Upon termination of this rental Agreement for any reason, Tenant shall remove all Tenant’s personal property from the Container(s), unless such property is subject to Lessor’s lien rights pursuant to paragraph 16, and shall immediately deliver possession of the Container(s) to Lessor in the same condition as delivered to Tenant on the commencement date of this Rental Agreement, reasonable wear and tear excepted. Tenant agrees that any personal property left in the Container(s) shall be deemed abandoned by Tenant, and with respect thereto, Tenant authorizes Lessor to remove such property from the Container(s) 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.
ASSIGNMENT AND SUCCESSION-Tenant shall not assign or sublease the Container(s) or any portion thereof without in each instance the prior written consent of Lessor. Also, all of the provisions of this Rental Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.
GOVERNING LAW/JURISDICTION/WAIVER OF JURY TRIAL. This Rental Agreement shall be governed and construed in accordance with the laws of the State of Texas. Whenever possible, each provision of this Rental Agreement shall be interpreted in such manner as to be effective and valid under Texas law, but, if any provision of this Rental Agreement shall be invalid or prohibited under Texas 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 Rental Agreement. The rules of The Texas Department of Transportation will apply in the event transportation is provided by the Lessor. In the event loading of shipment is provided by the Lessor, the Lessor must be notified within 30 days following the expiration or termination of this Rental Agreement; and failure to do so will result in the forfeiture of said claim. Any and all claims by Tenant arising under this Rental Agreement must first be brought to arbitration. Tenant agrees to waive their rights to a jury trial for any and all claims made against or through Lessor. In the event that any claims must be brought into a court of law, it must be in a court of competent jurisdiction located in 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.
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 God, 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.
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 Rental Agreement may only be amended by a writing signed by both parties.