1. DEFINITIONS
1.1 In this Agreement each of the following terms shall have the meaning set out below:
(a) “Administration Fee” means the sum of $50.00.
(b) “Due Date” means the anniversary day of first rental of every calendar month during which this Agreement is in effect.
(c) “Monthly Charge” means the charge due from Renter to Select in respect of each Monthly Term, plus GST or such other amount as may be stipulated in a written notice delivered by Select to Renter at least seven (7) days prior to the Due Date in respect of any Monthly Term.
(d) “Monthly Term” means the period of one (1) month beginning on any Due Date and ending on the day before the next following Due Date (inclusive).
(e) “Unit” means the assigned unit
2. Select NOT LIABLE FOR LOSS OR DAMAGE TO GOODS OR FOR PERSONAL INJURY/PROPERTY DAMAGE
2.1 Renter acknowledges that Select is only providing space to Renter for the storage of unidentified goods at Renter’s OWN RISK and that Select is not a bailee or warehouseman, and does not have custody of and has no obligation to care for or preserve Renter’s goods.
2.2 Renter agrees that in no event shall Select, its directors, officers, agents or employees be subject to any liability whatsoever for the loss, theft or destruction of or damage to any goods stored by Renter in the Unit WHATEVER THE CAUSE of such loss, theft, destruction or damage EVEN IF such loss, theft, destruction or damage is the result of negligence or other default on the part of Select, its directors, officers, agents or employees.
2.3 All items subject to moisture damage (cardboard boxes, mattresses, etc.) should be kept up and off of cement floor.
2.4 Renter agrees that in no event shall Select, its directors, officers, agents or employees be subject to any liability whatsoever for injury or damage, including injuries resulting in death, to persons or property on the Premises EVEN IF such damage or injury is the result of negligence or other default on the part of Select, its directors, officers, agents or employees.
3. RENTER’S PRIVILEGES AND Select ACCESS
3.1 While this Agreement is in force and provided that Renter is not in breach of any terms of this Agreement, Renter:
(a) may use the Unit for the storage of goods of which he is in lawful possession, and
(b) shall have access to the unit during Select’s normal business hours, which hours will be posted in Select’s office on the Premises.
3.2 Select, its employees or agents may enter the Unit for the purpose of necessary maintenance, to confirm Renter’s compliance with the terms of this Agreement or in the event of a perceived emergency. Where feasible, advance notice of such entry will be given to Renter. If such entry requires Select to cut off Renter’s lock and is not made necessary by any breach of a term of this Agreement by Renter, Select will provide Renter with a replacement lock free of charge.
4. PAYMENT
4.1 Renter shall pay the Monthly Charge plus applicable GST due in respect of each Monthly Term on or before that Monthly Term’s Due Date.
4.2 If Select does not receive payment of the Monthly Charge for any Monthly Term on or before the Due Date Renter shall immediately and without demand pay Select the full Monthly Charge without any deduction whatsoever, plus applicable GST.
4.3 Select will be deemed only to have received payment on or before the Due Date if such payment is actually received by Select on or before the Due Date.
5. RENTER’S ADDITIONAL OBLIGATIONS
5.1 Renter shall not store dangerous, noxious, filthy, offensive, explosive or highly flammable materials in the Unit.
5.2 Renter represents and warrants that he is in lawful possession of all goods stored in the Unit. Renter AGREES TO ADVISE Select IN WRITING OF THE FULL NAME AND ADDRESS OF ANY PERSON OR CORPORATION OTHER THAN RENTER WHO HAS ANY INTEREST IN ANY OF THE GOODS STORED IN THE UNIT. Select may require Renter to advise Select in writing of the name of any person authorized by Renter to have access to the Unit. Renter shall be legally responsible for any damage, loss or injury caused by any person brought onto the Premises by Renter, or visiting the Unit with Renter’s permission.
5.3 Renter shall place on one (1) and only one padlock on the door to the Unit.
5.4 Renter shall not carry on any business out of the Unit and shall not use the Unit for any unlawful purpose. When on the Premises Renter shall proceed directly to and from his Unit and shall not disturb, interfere with or do anything which is liable to cause injury, loss or damage to other persons or property on the Premises. Renter shall not use the Unit or the Premises for purposes of working on his goods stored in the Unit, except for normal access to such goods for purposes of bringing and removing such goods to and from his Unit and for inspecting such goods.
5.5 Renter shall not litter the Premises and shall not cause any damage to the Unit, the Premises or the goods of other renters.
5.6 Prior to the termination of this Agreement, Renter shall remove all goods and litter from the Unit. Renter shall, at its sole cost and expense, make good any damage caused to the Unit resulting from the storage or removal of goods therefrom.
5.7 Renter shall advise Select of any change in renter’s mailing address by delivering a written notice of change of address to Select.
5.8 Renter agrees to indemnity Select, its directors, officers, agents and employees from and against any and all claims, losses, costs (including legal costs on a solicitor and his own client basis) liabilities or expenses which Select, its directors, officers, agents or employees may suffer or incur as a direct or indirect result of the failure of Renter to perform any of Renter’s obligations under this Agreement. Renter’s obligation to indemnity Select shall include, but not be limited to, any costs or expense incurred by Select in connection with the enforcement, by court proceeding or otherwise, of any of the provisions of this Agreement.
6. SALE OF RENTER’S GOODS IN THE EVENT OF DEFAULT
6.1 If Select has not received payment of the Monthly Charge (less the Prompt Payment Discount) for any Monthly Term on or before the Due Date, then Renter will be considered to be in default until such time as Select has received payment of all outstanding Monthly Charges.
6.2 When Renter is in default Select may require Renter to make payment of outstanding Monthly Charges by cash, certified cheque, or money order.
6.3 When Renter is in default Select may place a second padlock on the Unit and Renter shall not be entitled to access to his Unit until he is no longer in default. Under no circumstances may Renter remove any goods from the Unit while Renter is in default.
6.4 Renter agrees that if Renter is in default; in addition to any other remedies for the recovery of debts provided by law or statute, Select may sell or otherwise dispose of all or any of the goods stored in the Unit by following the procedure described in the following paragraphs of this Article 6.
6.5 If Renter is in default Select may deliver a Notice of Default to Renter. The Notice of Default shall specify the total amount (including outstanding Monthly Charges and amounts due pursuant to paragraph (4.8) owed by Renter to Select and shall specify a date not less than twenty-one (21) days after the Notice of Default is mailed upon or after which date the goods in Renter’s Unit may be sold by Select if Renter is still in default.
6.6 Renter agrees that if Renter is still in default after the date mentioned in the Notice of Default, then Select may sell the goods in the Unit according to the procedure for sale of goods subject to a lien set out in the Warehouseman’s Lien Act, R.S.A. 1980 W-3, provide that if Select reasonably believes that the proceeds of a public auction sale of the goods in the Unit would not exceed the costs associated with such a sale Select may sell or otherwise dispose of the goods in any manner it sees fit. Select shall be at liberty to bid at any public auction sale of the goods in the Unit.
6.7 Renter agrees that the proceeds of any sale of goods from the Unit sold by Select shall be applied as follows:
FIRSTLY, in payment of all costs associated with the removal and sale of the goods in the Unit, such as but not limited to, auctioneer’s charges, moving costs and the cost of required notices and advertisements;
SECONDLY, in payment of any amounts owed by Renter pursuant to paragraph 4.8;
THIRDLY, in payment of any Monthly Charges outstanding as of the date of sale of the goods;
FOURTHLY, any remaining funds shall be paid without interest to Renter upon application by Renter within twelve (12) months of the date of sale of the goods unless there are any adverse claimants to such funds in which case Select may apply to pay the excess funds into court.
7. AUTOMATIC RENEWAL AND TERMINATION
7.1 This Agreement shall automatically renew for successive Monthly Terms (but in any event with a minimum of one Month Term) unless the Renter provides a minimum of two (2) weeks advance written notice to Select that the Renter will be vacating the Unit at the end of the Monthly Term, or any subsequent Monthly Term. However, Select may at its sole discretion, agree with the Renter to accept less than a full month in lieu of a Monthly Term for Monthly Terms after the one (1) month minimum Monthly Term where the Renter provides a minimum of two (2) weeks advance written notice to Select as to the date on which the Renter will be vacating the Unit.
7.2 (a) Not withstanding paragraph one (1) hereof, this agreement will terminate at the end of the Monthly Term.
(b) If all the goods in the Unit are sold or otherwise disposed of by Select pursuant to Article 6 during that Monthly Term.
7.3 Termination of this Agreement shall terminate Renter’s privileges described in paragraph 2.1 and Renter’s obligation to pay future Monthly Charges, but otherwise, all rights, liabilities and protections conferred or imposed upon either party by the terms of this Agreement shall survive its termination.
7.4 Upon termination of this Agreement, Select may apply Renter’s Deposit against any amount owed by Renter to Select. The balance of Renter’s Deposit will be repaid without interest to Renter.
8. NOTICES AND CHANGE OF ADDRESS
8.1 Any notice required to be delivered by Select to Renter may be sent to Renter by single registered mail at Renter’s address as shown at the beginning of this Agreement or to the address indicated by Renter in a written notice of change of address delivered by Renter to Select.
8.2 Any notice required to be delivered by Renter to Select’s office or sent by single registered mail to Select at the address shown at the beginning of this Agreement.
9. GENERAL
9.1 Headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
9.2 This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective executors, administrators, successors and permitted assigns. Renter shall not assign the benefit of this Agreement without first obtaining the consent in writing of Select. Select may assign the benefit of this Agreement to any other person or corporation.
9.3 This Agreement contains the entire Agreement between the parties and supersedes any and all prior agreements, negotiations, representations and proposals whether written or oral relating to its subject matter. The terms of this Agreement may not be altered except by a duly executed amendment in writing.
9.4 No assent to or waiver of any breach of any one or more of the terms of this Agreement shall be effective unless such waiver or assent is in writing, nor shall any such assent or waiver excuse the performance of any act other than the act specifically referred to in such waiver.
9.5 The remedies of Select mentioned in this Agreement or provided by law or statute are cumulative and not exclusive and such remedies may be resorted to in such order and in such combination as Select sees fit.
9.6 Select and Renter hereby confirm and ratify the matters contained and referred to in the preamble to this Agreement and agree that the same are expressly incorporated into and form part of this Agreement.
9.7 Wherever the singular, plural, masculine, feminine or neuter is used throughout this Agreement the same shall be construed as meaning the singular, plural, masculine, feminine, neuter, body politic or body corporate where the fact or context so requires and the provisions hereof and all covenants herein shall be construed to be joint and several when applicable to more than one party.