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    This Rental Agreement between Joyce’s Trailer Rentals (the “Lessor”) and the person or entity named herein (the “Lessee”) is to outline the responsibility of both parties for the purpose of leasing or renting of self-contained portable storage containers for the transportation and storage of commercial, household goods and personal effects.

    1) DESCRIPTION OF CONTAINER: Lessor leases to Lessee and Lessee leases from Lessor the Container(s) identified in the invoice or invoices (the “Invoices”) delivered to the Lessee pursuant to this Rental Agreement (the “Container(s)”). Lessee has the option to store the Container(s) with Lessor at the Lessor’s facility (the “Facility”) or have the Container(s) remain at Lessee’s location described in the Invoices. Lessee hereby authorizes Lessor to enter upon the property designated on the Invoice(s) for the purpose of making repairs or alterations to the Container(s) and taking such other action as may be necessary or appropriate to preserve the Container(s), or to comply with applicable law including any applicable local, provincial or federal law or regulation governing Hazardous Materials or to enforce any of Lessor’s rights.

    2) SELECTION OF CONTAINERS AND EXCLUSIONS: Lessee acknowledges that Lessee has satisfied itself as to the suitability of the Container(s) and that Lessor is not a manufacturer or an agent thereof, and there are no agreements, representations, warranties or conditions, oral or written, express or implied, legal statutory, customary, collateral, or otherwise given or made by Lessor with respect to or in connection with the Container(s) or this Rental Agreement and the same are hereby expressly excluded. Lessee acknowledges that the Container(s) has been inspected by the Lessee and is being accepted on as "as is" basis. The Lessee takes full responsibility for the suitability of the Container(s). Lessee renounces the right to any claim or defence as against Lessor predicated on the sufficiency, quality, condition or state of repair of the Container(s), including, without limitation, any claims or defences predicated on the failure of the Container(s) to perform the function for which it was intended. Lessee agrees that the occurrence of any such matters shall be deemed not to be a breach of this Rental Agreement by Lessor.

    3) TITLE: Lessee acknowledges that ownership and title to the Container(s) shall, throughout the term of this Rental Agreement, remain vested in Lessor and the Lessee shall have no right of property therein.

    4) PRECIOUS OR IRREPLACEABLE PROPERTY: Lessee 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 Lessee and records or receipts relating to the stored goods and Lessor shall not be liable for any damage to or loss of any such items.

    5) TERM: The term of this Rental Agreement consists of successive 4 week periods (28 days) unless otherwise set forth. The Lessee shall pay the rental fees specified in the Invoice(s) as well as all transportation charges relating to the delivery and pick up of the Container(s), all of which shall be as set out in the Invoice(s). All rent is due on the 1st day of each 4 week period. Payment of partial rent or late fees will not be accepted. In the event the Lessee fails to pay rent when due and the account remains delinquent for a period of more than 3 days, a late charge equal to $5 will be applied to the account on the 3rd day and for every 6 days that rent remains unpaid. When Lessee account falls delinquent, access to the Container(s) will be suspended until any outstanding charges are paid in full. If rent remains unpaid for 30 days, Lessor reserves the right to cut the lock on the Container(s) and take an inventory in preparation for public sale. If rent shall remain unpaid for 45 days, a $200 charge will be added to the account as a lien fee. If said rent is not paid within 60 days of the due date, then any property in the Container(s) will be sold by the Lessor in a public sale, and the costs of enforcement and sale shall be added to Lessee’s outstanding account. If the proceeds of the sale exceed charges on the account and cost of the sale, the excess proceeds may be claimed within 90 days or will be forfeited. The Lessor reserves the right to determine Container(s) abandonment and is absolved of all liability for the disposal of goods that were abandoned in the Container(s). The late/lien charges will be established by the Lessor from time to time. Upon written notice the Lessor may adjust rental fees.

  • 6) PACKING, PACKAGING AND WEIGHT RESTRICTIONS: Lessee acknowledges and assumes full responsibility and liability for packing Lessee’s property in the Container(s) and for securing Lessee’s property for over the road transportation; that the maximum weight of Lessee’s property shall not exceed 7500 pounds in a 16’ container.

    7) USE OF CONTAINER AND COMPLIANCE WITH LAW: Lessee shall not store any food or perishable goods, Hazardous Materials flammable materials, fuel, explosives, or other inherently dangerous material, nor perform any work in the Container(s). Lessee shall not store any personal property in the Container(s) which would result in the violation of any applicable local, provincial or federal law or regulation, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters. All reasonable expenses incurred in connection with any investigation of site conditions, or any clean up, removal or restoration work required by any provincial or federal law or regulation or agency regulating any Hazardous Materials, shall be paid by the Lessee as additional rent and shall be due upon demand by the Lessor.

  • 8) INSURANCE: ALL PROPERTY IS STORED BY LESSEE AT LESSEE’S SOLE RISK, AND ALL PROPERTY AND CONTENTS INSURANCE IS LESSEE’S SOLE RESPONSIBILITY. Lessee personally assumes all risk of loss or damage to or theft of Lessee’s property however caused including without limitation, due to burglary, occurring during transport or while in storage, mysterious disappearance, fire, water, rodent, damage, earthquakes, acts of God, vandalism, mold or mildew or other vermin and all risk of loss or damage to property of Lessor arising directly or indirectly in any way from any matter or thing placed in a Container(s) by Lessee. Lessee agrees that Lessor does not list, review or inspect the contents of the Container(s), nor has interest in or concern with the value, quality or type of goods stored in the Container(s) pursuant to this Rental Agreement. Lessor’s and Lessor’s agents, affiliates, authorized representatives and employees will not be responsible or have responsibility for loss, liability, claim, expense, damage to property or injury to persons or property, that could have been insured against including, but not limited to, any loss arising from the active or passive acts, omissions or negligence of Lessor or Lessor’s agents, affiliates, authorized representatives and employees for the matters released 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, affiliates, authorized representatives or employees. Lessee acknowledges that he/she has read and understands the provisions of this paragraph and agrees to comply with its requirements. In no event shall the Lessor be liable for any other damages, direct or indirect, special or consequential, including, without limitation damages for lost profits, business interruption, loss of data or other economic loss arising out of Lessee’s use of or inability to use the Container(s).

  • 9) LOSS AND DAMAGE: The Container(s) shall be at the sole risk of the Lessee. In the event the Container(s) shall become lost, stolen, destroyed or damaged beyond repair for any reason or in the event the Container(s) shall be confiscated, forfeited or seized by any person or by any duly constituted authority, Lessee will immediately replace the Container(s) by providing Lessor with title to a replacement Container(s) satisfactory to Lessor of equal value and free of any encumbrance. For such purpose, the fair value of the Container(s) shall be as determined by Lessor, acting reasonably.

    10) RELATIONSHIP OF THE PARTIES; STORER’S LIEN: It is the express understanding and agreement of the parties that 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 other 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 Rental Agreement. Notwithstanding the foregoing, the parties agree that the Lessor is entitled to claim for a lien for payment of all charges under this Rental Agreement.

    11) LIMITATION OF LIABILITY: Lessor and Lessor’s agents and employees will have no responsibility to Lessee or to any other person for any loss, damage, claim, liability or injury or death from any cause, including, without limitation, Lessor’s and Lessor’s Agents 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. In no event shall the Lessor be liable for any direct or indirect, special or consequential damages, including, without limitation damages for lost profits, business interruption, loss of data or other economic loss arising out of Lessee’s use of or inability to use the Container(s).

    12) PLACEMENT OF CONTAINER: Lessee understands that placement area shall have adequate width, depth and height clearance and maneuvering space. Lessee’s use and placement of the Container(s) may be subject to provincial, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules for which Lessee assumes full responsibility for any fines and/or penalties. Lessee authorizes Lessor to 1) Drive on Lessee’s lawn or other non-paved area in order to place the Container(s) in the area designated by Lessee or to place the Container(s) in an area lacking adequate clearance, or 2) Drive on a paved surface. In either case Lessee assumes full risk for all damage resulting from the placement of the Container(s) and relieves Lessor from any responsibility for such damage. Additionally, Lessee acknowledges that Lessor recommends against driving on Lessee’s lawn or non-paved, and certain paved, areas.

    13) RETURN OF CONTAINER: At the expiration of the term of the Rental Agreement or upon earlier termination of this Rental Agreement for any reason including, without limitation, non-payment by Lessee, Lessee shall deliver up possession of the Container(s) to Lessor at the Lessee's address specified in the Invoice(s). If Lessee fails to do so, or to remedy any default under this Rental Agreement, within five (5) days, Lessor shall have the right to enter upon the premises where the Container(s) may be and take possession of the Container(s) at Lessee's expense, with or without legal process. Lessee hereby waives any claims for damages which it might otherwise have by reason of any such entry, taking or removal. If the Container(s), when returned to or recovered by Lessor, is not in good condition and repair, Lessor may make all repairs and replacements necessary to place the Container(s) in as good condition as it was at the Commencement Date, reasonable wear and tear alone excepted, and Lessee shall pay the cost of such repairs and replacements upon demand as additional rent.

    14) TIME OF ESSENCE, HEADINGS: Time is of the essence of this Rental Agreement. Insertion of headings in this Rental Agreement are for ease of reference only and do not constitute part of the Rental Agreement.

    15) ENGLISH LANGUAGE: The parties hereto agree that this document be written in the English language. Les parties aux presentes conviennent a ce que ce document sont redige dans la langue anglaise.

    16) GOVERNING LAW: This Rental Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick.

    CLIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT.

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