Terms and Conditions
This Rental Agreement, (hereinafter referred to as the “Agreement”), is made and entered into the date set forth above by and between MustStash Warehouse, (hereinafter referred to as the “Company”) and the Customer identified below, (hereinafter referred to as the “Customer”) whose last known address is set forth below. For the consideration provided for in this Agreement the Customer agrees to rent from the Company, and the Company agrees to let the Customer use the Container listed above (hereinafter referred to as the ”Container”). Such Container shall be used only for the purposes specified in this Agreement and at all times subject to the terms and conditions, beginning on the Rental Agreement Date listed above and continuing month to month until terminated.
Customer represents that he/she owns or has legal possession of the personal property in his or her Container.
Drop Off / Pick-Up and Delivery: Company will drop off the Container at the Customer’s address. If Container is to be stored, Company will pick up the Container and return it to its facility for rental upon notice from Customer. Both drop off and pick up may be done after hours and do not require Customer to be present. The Container will be delivered to Customer, or to Customer’s duly approved agent, provided all rental and other charges are paid in full and are current. Upon drop off of the box, the Customer has 24 hours to place all items into the box that they want to store and secure the box before pick-up. Upon final delivery, Customer has 24 hours to unload their items. Customers can request further time on either end at a cost of $50/day beyond the 24 hours. Boxes sitting more than 24 hours limit the total number Company can sell during the prime week of finals. The pick up/delivery area is limited to a twenty (20) mile radius from Company’s facility and within the State of Pennsylvania. No access to property will be allowed during the storage of the Container at Company’s facility. If Customer wants to ship the box out of our service radius they must pay for and arrange shipping. Customer must also pay a replacement value for the Container. Hours of Operation: M-F 8:00am to 4:30pm. Orders will be processed on a first come- first serve basis. Drop off/Pick up and Delivery of Containers must be scheduled at least 48 hours in advance.
Monthly rental charges are due in advance on or before the above referenced due date (“Due Date”) and are to be remitted to Company. Charges accrue upon the execution of this Agreement. A late fee of $30 will be charged if payment is not received within 5 business days of the 1st of the month. Customer will not receive a monthly billing invoice. No rental charge refunds will be granted for early termination. The Monthly Rental Charge is subject to change upon 30 days advance written notice to Customer. If any check for payment from the Customer is dishonored for any reason, late fees shall be due and payable in addition to a return check charge of $25.00. If Customer’s property is processed for sale at public auction, Customer shall be responsible for a minimum public auction processing charge of $100.00. Although partial payments will be accepted, Customer agrees and understands that partial payments made to cure a default for nonpayment of rent will not delay or stop the foreclosure and sale of Customer’s property. Partial payments do not waive or void the legal effect of prior notice given to Customer. Only full payment on Customer’s account prior to the published auction date will stop the scheduled sale of the property. Customer agrees that each additional pick up / drop off of Container will be charged. If the weight is exceeded maximum loads indicated an additional handling and storage fee will be added to the order at $2/lb over the limit to account for additional work. If Customer does not return the Space to Company in “broom clean” condition, Customer shall pay, on demand, a charge of $25.00 per hour required to clean-up the Space plus any disposal costs. Customer shall pay Company the cost of any repairs to property damaged by Customer or anyone on property on his behalf. If Customer’s lock must be cut, Customer shall be responsible for Lock Cut Fee of $50.00.
Company’s Responsibility for Property: The Customer must keep the Container locked and must provide their own lock and key. The Customer assumes full responsibility for all persons who have keys and access to the Container. Company will be responsible for the exercise of ordinary diligence and care with respect to Customer’s property while the Container is stored at Company’s warehouse only; but Company is not responsible for ordinary wear and tear in handling, nor for loss of or damage to the property caused by moth, fire, water, theft, insects, rodents, normal wear and tear, leakage, moisture, mold, mildew, changes in temperature, rust or deterioration, Acts of God, deterioration by time or causes beyond its control. COMPANY’S LIABILITY FOR DAMAGES FOR LOSS OR THEFT OF OR DAMAGE TO THE PROPERTY COVERED BY THIS AGREEMENT IS LIMITED AS SET FORTH ABOVE BASED ON THE SIZE OF THE CONTAINER. ALL ELECTRONIC PRODUCTS ARE TO BE STORED IN THEIR ORIGINAL SHIPPING BOXES AND PACKAGING. IN NO EVENT WILL COMPANY BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) FOR ANY THIRD PARTY CLAIM OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR FROM PERFORMANCE OR NONPERFORMANCE OF ANY DUTY UNDER THIS AGREEMENT OR OTHERWISE, OR FOR ANY LOSS OR THEFT OF OR DAMAGE TO “PROHIBITED PROPERTY” (DEFINED BELOW) OR ANY DAMAGE TO ANY PROPERTY CAUSED BY SHIFTING OR MOVEMENT OF THE PROPERTY IN THE CONTAINER DURING NORMAL TRANSPORTATION OR SHIPPING OF THE PROPERTY TO OR FROM THE PICK UP AND DELIVERY LOCATIONS. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO THE PROPERTY FOR WHICH CUSTOMER DOES NOT DELIVER A WRITTEN CLAIM TO COMPANY WITHIN SIXTY (60) DAYS AFTER CUSTOMER FIRST BECOMES AWARE THEREOF. NO SUIT MAY BE COMMENCED AGAINST COMPANY FOR ANY SUCH LOSS, THEFT OR DAMAGE MORE THAN ONE HUNDRED TWENTY (120) DAYS AFTER CUSTOMER FIRST BECOMES AWARE THEREOF. COMPANY WILL NOT PROVIDE INSURANCE TO CUSTOMER. COMPANY RESERVES THE RIGHT TO NOT TAKE DELIVERY OF A CONTAINER THAT IT BELIEVES: (1) EXCEEDS THE MAXIMUM WEIGHT LIMIT OF THE RENTED CONTAINER; OR (II) CONTAINS PROHIBITED PROPERTY. Company assumes no responsibility or liability for loss of or damage to property stored in Container after Container is delivered to Customer’s property.
Limited Value of Goods Stored: The maximum value for loss or damage shall be limited to $1200 per Container (for all goods stored in the Container). Customer agrees that in no event shall the total value of all property stored be deemed to exceed $1,2000.00 unless Company agrees in writing to a higher value. Nothing in this section shall be deemed to create any liability on the part of Company to Customer for any loss or damage to Customer’s property, regardless of cause. Customer may insure its property for a higher value.
Customer’s Risk of Loss/Insurance Obligation: This Agreement does not include insurance. The Customer shall at all times keep its property insured against loss or damage. Customer must obtain any insurance desired at his/her own expense. Customer must secure his/her own insurance to protect himself/herself and his/her property against all perils of whatever nature. Customer expressly agrees that any carrier that issues any insurance on the personal property stored or otherwise located in the by Customer shall not have the right of subrogation to any claim the Customer has against the Company, Company’s agents or employees to include Company’s insurance carrier. Although Company may give insurance information to Customer or make insurance available to Customer, Customer understands that neither Company nor its agents are acting as an insurance company or insurance agents.
Company’s Right to Terminate: Company’s obligation to store the Customer’s property may be terminated by the Company by giving Customer at least ten (10) days prior written notice. Company reserves the right, upon termination, to require the absolute removal of property, irrespective of date of Agreement, and if not removed, Company is hereby empowered to have the property removed at the expense of the Customer.
Customer’s Right to Terminate: Customer may terminate its rental at any time on 48 hours prior notice to Company, provided such notice is made during business hours Monday through Friday. The timing for Container pick-up and/or re-delivery shall be subject to Company’s schedules. Termination will not be effective until payment of all charges due through the termination date and removal of all Property from the Container. Upon termination of this Agreement for any reason, Customer shall remove all Customer’s personal property from the Container, unless such property is subject to Company’s lien rights, and shall immediately deliver possession of the Container to Company in the same condition as delivered to Customer. Customer agrees that any property left behind in the Container after termination shall be conclusively presumed to have been abandoned by Customer and may be disposed of by Company as Company deems fit, at Customer’s expense. Customer also agrees that Company may remove any personal property left in the Container, and may retain such property as collateral for payment of the removal charges and/or any other amounts due Company.
Prohibited Property: No “Prohibited Property,” as defined herein, shall be stored in the Container. Prohibited Property is defined as agricultural property, valuable documents, accounts, bills, currency, deeds, evidence of debt, money, notes, securities, stamps, antiques, paintings, statues, fine art, jewelry, jewels, gems, watches, precious or semi-precious metals or stones, furs, garments trimmed with fur, or similar valuables, live plants or animals, artwork, other property of high value, fragile property, sentimental or other articles whose values are difficult to ascertain or that by their natures cannot be readily replaced with a new article, controlled drugs, perishables, living or dead organisms, liquids, anything that can be damaged by freezing or hot temperatures or extremely high or low humidity, hazardous substances, toxic, radioactive, explosive, incendiary or highly flammable or combustible materials. The term “hazardous substance” means: a) Any substance defined as a “hazardous substance” under CERCLA; b) Petroleum, petroleum products, natural gas, natural gas liquids, liquefied natural gas and synthetic gas; and c) Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation. Customer shall not use or allow the Premises to be used for the release, rental, use, treatment, disposal or other handling of any hazardous substance without prior written consent of Company. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). Warehouse is not climate controlled. Any products that require climate controlled environments should not be stored in our containers.
Right to Inspect: Customer shall grant Company or the representatives of any governmental authority access to the Container upon reasonable notice. In the event of an emergency or upon default of any of Customer’s obligations under this Agreement, Company or other appropriate individuals have the right to remove Customer’s lock and enter the Container for the purpose of inspecting the Container. Company may require Customer to immediately remove any Prohibited Property stored in its Containers. In the event Customer fails to remove the Prohibited Property within 24 hours of Company’s demand, or sooner in the event the Prohibited Property creates a risk to the health and safety of Company’s employees or the general public, Company shall, in addition to all other remedies it has against Customer, have the right to remove and dispose of the Prohibited Property at Customer’s sole cost and expense and/or immediately redeliver the Container to Customer.
Default: This Agreement may, at the option of Company, be terminated upon any default by Customer. The following events shall be deemed to be events of default by Customer under this Agreement: (a) failure to pay rent; (b) failure to comply with any term or provision of this Agreement; or (c) abandonment of the Container. If Customer defaults under any of its obligations under this Agreement, Company may pursue any remedies available to Company under applicable law or this Agreement.
Lien and Security Interest: Company has and claims a lien on all Property in the Container covered by the Agreement (and the proceeds thereof) for charges for administrative, rental, transportation, insurance, labor, or charges present or future in relation to the Property, and for expenses necessary for preservation of the Property or for expenses necessary or reasonably incurred by Company in the sale of Customer Property pursuant to applicable law and enforcing Customer’s liabilities and under this Agreement (including interest, attorneys’ charges and costs) and for like charges and expenses in relation to other property whenever deposited by or for the account of Customer. Company further reserves a security interest in all Property described above (and the proceeds thereof) for all such charges, liabilities and expenses to the fullest extent the above described lien is prohibited by or is otherwise not permitted by law. THE PERSONAL PROPERTY STORED WITHIN THE CONTAINER MAY BE SOLD TO SATISFY THE LIEN IF THE CUSTOMER IS IN DEFAULT.
Right of Re-possession: Upon default, Company reserves the right, without prior notice, to the repossession to the Container and all Property stored therein. Customer acknowledges by this Agreement its prior consent to entry by Company and its agents to the Customer’s property for the purpose of said repossession without the need for court order. Customer hereby waives claims for trespass and/or conversion arising from the repossession of the Container.
Waiver: No waiver by Company, his agents, representatives or employees, of any breach or default in the performance of any covenant, condition or term contained in this Agreement by Company, shall constitute a waiver of any subsequent breach or default in the performance of any other covenant, condition or term.
Delivery Clearance: Customer acknowledges that Company will normally place the Container on a driveway or other paved surface immediately accessible from a street fronting Customer’s property. Such placement area shall have adequate width, depth and height clearance. Customer agrees not to hold Company liable for any damage caused to asphalt driveways caused by heat and the weight of the Container. In the event Customer requests Company to drive on Customer’s lawn or other non-paved area in order to place the Container in the area designated by Customer or to place the Container in an area lacking adequate clearance, Customer assumes full risk for damage and relieves Company from any responsibility for damage. Additionally, Customer is responsible for compliance with all restrictions based upon laws, ordinances and homeowner association rules (“restrictions”) which may affect the delivery of the Container to customer’s property. Customer is responsible for ensuring that the delivery space designated by Customer is not unsuitable due to any such restrictions and Customer agrees not to hold Company liable for any direct or consequential damages arising from the imposition of any such restrictions.
Alterations: Customer shall not make or allow any alterations of any kind or description whatsoever to the Container without, in each instance, written consent of Company.
Lock: Customer shall provide, at Customer’s own expense, a lock for the Container which Customer, in Customer’s sole discretion, deems sufficient to secure the Container, Customer shall not provide Company’s Agents with a key and/or combination to Customer’s lock.
Release of Customer Information: Customer authorizes Company to release any information regarding Customer and Customer’s tenancy as may be required by law or required by governmental authorities or agencies, law enforcement agencies or courts.
Disclaimer: The agents and employees of Company are not authorized to make warranties about the Container or Facility. Company’s agents’ and employees’ statements do not constitute warranties and shall not be relied upon by Customer, nor shall any of said statements be considered a part of this Agreement. The entire Agreement and understanding of the parties is embodied in this writing and no other warranties are given beyond those set forth in this Agreement. The parties agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties express or implied are excluded from this transaction to the extent allowed by the laws of this state and shall not apply to the Container or Facility. It is further understood and agreed that Customer has been given an opportunity to inspect, and has inspected the Container and Facility and that Customer accepts such Container and Facility AS IS and with all faults.
Waiver of Jury Trial: Company and Customer waive their respective rights to trial by jury for any cause of action, claim, counterclaim of cross-complaint in any action brought by either Company against Customer or Customer against Company on any matter arising out of or in any way connection with this Agreement, Customer’s use of the Container and Facility or any claim of bodily injury or property damage or for the enforcement of any remedy under any law, statute or regulation.
Employee Services: Should any of Company’s employees perform any services for Customer at his request, such employees shall be deemed to be the agent of Customer, regardless of whether payment for such services is made or not. Customer agrees to hold Company harmless from all liability in connection with or arising from such services performed by employees of Company.
Notices from Company: All notices from Company shall be sent by first class mail postage prepaid to Customer’s last known address or to the electronic mail address provided by the Customer in this Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law.
Notices from Customer: Customer represents and warrants that the information Customer has supplied in the Agreement is true, accurate and correct and Customer understands that Company is relying on Customer’s representations. Customer agrees to give prompt written notice to Company of any change in Customer’s address, any change in the liens and secured interest on Customer’s property in the Space and any removal or addition of property to or out of the Space. Customer understands he must personally deliver such notice to Company or mail the notice by certified mail, return receipt requested, with postage prepaid to Company at the address shown on the Agreement or by e-mail only if e-mail is acknowledged by Company.
Military Service: If you are in the military service you must provide written notice to the Company. The Company will rely on this information to determine the applicability of the Service Members Civil Relief Act.
Financial Information: Company does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Customer waives and releases any and all claims or actions against Company for damages arising from the use of said information by others.
Other Rights: Company, in addition to all other rights and remedies he may have, may exercise any right or remedy with respect to the collateral which he may have under the Uniform Commercial Code or otherwise. All rights of Company hereunder or in law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. Customer hereby waives and renounces his right to the benefit of any exemption provided under Pennsylvania law.
Assignment; Subletting: Customer shall not assign this Agreement or sublet all or any part of the Space, without Company’s prior written consent.
Invalidity: If one or more of the provisions this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding and enforceable.
Rules & Regulations: Customer agrees to be bound by Rules and Regulations as posted by the Company from time to time. All Rules and Regulations shall be deemed to be part of this Agreement and incorporated herein.
Changes: All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Company upon Thirty (30) days prior written notice to the Customer. If so changed the Customer may terminate this Agreement on the effective date of such change by giving the Company ten (10) days’ prior written notice of termination after receiving notice of the change. If the Customer does not give such notice of termination, the change shall become effective on the date stated in the Company’s notice and shall thereafter apply to the occupancy hereunder.
Release of Company’s Liability for Bodily Injury: Company and Company’s agents and employees shall not be liable to Customer or Customer’s agents for injury or death as a result of Customer’s use of the storage space or the self storage facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Company and Company’s agents and employees.
Recovery of Attorney’s Fees and Costs: In the event any action is instituted or any other proceedings taken to enforce any term, covenant or condition contained in this Agreement or to recover any occupancy charge or additional charge due hereunder, or to recover possession of the Space for any default or breach of this Agreement by Customer, Customer shall pay Company reasonable attorney’s fees, costs and expenses in connection with such action or proceedings.
Permission to Call, Fax, Text or E-Mail: Customer recognizes Company and Customer are entering into a business relationship as Company and Customer. As such, to the extent any Federal or State law prohibits Company from contacting Customer by phone, fax, text or e-mail, Customer hereby consents to Company phoning, faxing, texting and e-mailing Customer with business‑related communications and collection notices.
Entire Agreement: This Agreement embraces and contains the entire contract between the parties hereto with respect to the property described below. There is no concurrent, collateral or verbal contract in existence between the parties hereto.
Notice: Customer acknowledges by signing this Agreement that he/she has read, understood and accepted all terms and conditions expressed in this Agreement. Keep a copy of this Agreement to protect your legal rights.
ELECTRONIC SIGNATURE OPTION: I understand and agree that I am consenting to be legally bound by the terms and conditions of this AGREEMENT as if I signed this Agreement in writing. I also agree that no certification authority or other third party verification is necessary to validate my E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of my E-Signature or any resulting Agreement between me and Company. Additionally I certify that I am age 18 or above.