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Terms
& Conditions
CUSTOMER REVIEW.
This is a binding Agreement. Customer
is strongly urged to read and review this Agreement before signing, and if
Customer has any questions regarding the terms and conditions herein, to consult
with appropriate legal counsel before signing.
Customer, by signing this Agreement, hereby acknowledges receipt of a
copy of this executed Agreement, and that by signing same, acknowledges having
had an opportunity to read and review this Agreement, and to consult with legal
counsel before signing.
CUSTOMER
INFORMATION ACCURACY. Customer
is liable for the accuracy of any information regarding Customer address or
storage site locations. Customer
shall be liable for any additional charges incurred by AMS for additional travel
and or storage expenses as a result of insufficient or inaccurate information
supplied by Customer.
CUSTOMER
WARRANTY. Customer
warrants that any and all Customer owned storage equipment to be stored on AMS
property, or transported by AMS to Customer or third party sites, is in good
working condition, and is capable of being transported safely by AMS.
Customer bears full responsibility and liability for any and all
Customer owned storage equipment, which is unsafe, or not in good working
condition, which causes any property damages or injuries to AMS employees,
agents or equipment, or that of third parties.
ADVANCED
MOBILE STORAGE, INC, (“AMS”) is an Arizona corporation authorized
to conduct business within the State of Arizona.
Customer, by signing below, hereby expressly states that they are
authorized, and have the legal capacity to enter into this agreement, and that
they are authorized to conduct business in Arizona.
EFFECTIVE DATE. This
agreement shall become effective on the date of execution by both parties
hereto.
RENT DUE
DATE. Rents,
including all applicable taxes, shall be paid in advance and are due and payable
on the due date indicated above. Rents
not received by AMS by that date shall be deemed late, and a late fee of $1.50
per day shall be assessed for each day payment is late, and shall be considered
as additional rent. Customer
assumes full responsibility for lost or damaged mailed rent payments.
RENTAL
PERIOD. The
initial rental period of this Agreement shall be one month, unless indicated
otherwise above. This agreement
shall continue on a month-to-month basis thereafter and shall remain in full
force and effect until terminated by either party by written notice to the
other, hand delivered or mailed by certified first class mail to the addresses
herein listed for each party, but which may from time to time be changed by
written notice to the other party. Either
party herein may terminate this Agreement by giving such written notice.
The termination of this agreement shall occur thirty days following
receipt of the written notice by the other party, or thirty-five days after
mailing by certified mail to the addresses listed above for either party,
regardless of the acceptance thereof by the receiving party. (For example, a
notice mailed by certified mail on the fifteenth day of a month will terminate a
month-to-month agreement on the 20th day of the next month.)
CUSTOMER
USE INFORMATION: Customer, by signing this Agreement, acknowledges
that AMS, through an employee, owner or agent, has informed Customer of the
importance of weekly inspections of storage units, and that an inspection of the
storage unit was conducted prior to execution of this Agreement for any and all
water leakage, and that no evidence of water leakage was detected.
Customer bears all responsibility for any and all damage or loss caused
by water leakage that could have been detected by regular visual inspections.
SECURITY
DEPOSITS. Any security deposits
required to be paid under this Agreement shall be paid in advance by Customer,
and shall be held by AMS in its general operating account.
No interest shall be paid to Customer on the security deposits.
Said Deposits shall be held by AMS to offset any damages caused by
Customer due to lack of payment of rents when due, or any property or loss
damage caused by Customer’s acts, omissions or negligence during any rental
period under this Agreement, including but not limited to operation of motor
vehicles, delivery or removal of personal property, or for transportation
thereof, and including the improper handling or storage of any dangerous,
flammable, or explosive materials. AMS
shall provide Customer with an accounting of the security deposit and any
charges thereto, and shall return any unused deposits with the accounting within
ten working days of the termination of this Agreement, the removal of all
Customer or third party owned personal property, and the removal of any Customer
owned locking devices on the storage equipment.
NOTICES. All
notices required to be given under this agreement shall be written and mailed by
certified, first class, postage prepaid U.S. Mail to the address of the parties
herein. Said addresses may be
changed by either party by written notice of same to the other party by
certified, first class, postage prepaid U.S. Mail.
All mail sent hereunder shall be deemed to be delivered to the addressee
after five days, regardless of the actual receipt thereof.
WAIVER OF
LIABILITY: Customer assumes full risk of loss and bears all liability for all
damages resulting from the damage or loss of stored personal property items
and/or Customer owned storage containers, whether stored on AMS property, or
transported to or from, or stored on Customer or third party property.
AMS does not assume any liability for such loss, and carries no insurance
coverage for same. Customers are
responsible for their own liability insurance for any loss.
Customer specifically waives any and all claims against AMS, its
employees, owners, agents or servants relating to this Agreement, the contents,
storage, or moving and transportation of rented or leased containers, or those
owned by Customer. AMS’ liability
for any damage or loss due to AMS’ negligence shall be limited to a refund, if
any is due, of any rents paid for the rental period during which any such loss
occurred.
INDEMNIFICATION.
Customer
agrees to defend, hold harmless and indemnify AMS for any legal action and/or
claims, including attorney fees and court costs incurred by AMS in any such
resulting legal action, arising from any acts, omissions or negligence by
customer during any rental period under this Agreement, including but not
limited to operation of motor vehicles, delivery or removal of personal
property, or for transportation thereof, and including the improper handling or
storage of any dangerous, flammable, or explosive materials.
It is hereby agreed herein that Customer shall maintain at his or her
sole expense all insurance, including general liability, on any motor vehicle
operated by Customer, in the minimum amounts as required by Arizona law, while
in operation on AMS property.
SEVERABILITY. If
any part of this Agreement, or any addendums or approved and executed
modifications are found to be unenforceable for any reason, or any part herein
becomes illegal by the enactment of any laws by any public entity having
jurisdiction over this Agreement, the remainder of this Agreement shall remain
in full force and effect unless the illegal or severed portion is determined to
have negated this entire agreement as a matter of law, as decided by a Court of
law.
ATTORNEY
FEES. The
prevailing party to any legal action taken to enforce the terms of this
Agreement shall be entitled to an award of reasonable attorney fees as awarded
by the Court, including any costs, attorney fees or collection agency fees
incurred in attempting to collect any amounts so awarded by the Court.
JURISDICTION
AND WAIVER OF JURY TRIAL.
Customer understands and agrees that this Agreement shall be construed
and interpreted under the laws of the State of Arizona, including, but not
limited to any or all statutes regulating self-storage facilities.
Client further consents to jurisdiction in Arizona, Maricopa County, and
the judicial precinct in which AMS’ main office shall be maintained, and that
any legal action taken to enforce the terms of this agreement shall be commenced
therein. Client hereby waives any right to a jury trial in any dispute
with AMS, and consents to a bench trial only.
ENTIRE
AGREEMENT. This
Agreement shall be binding on the parties, their heirs, successors or assigns.
This Agreement constitutes the entire agreement between the parties
hereto, No oral or other representations have been made by either party which
are not set forth in this Agreement which affect the subject matter contained
herein. No modifications to this
Agreement will be acknowledged or enforceable unless in writing and signed by
both parties herein, although AMS may change the terms and conditions of this
Agreement with at least a thirty day written notice to Customer. All heading in
this agreement are for reference only, and do no limit or expand the coverage of
this agreement.
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