Terms & Conditions
1. University Boxes Inc. (the “Owner”) does hereby permit use to the Customer and the Customer does hereby take as a licensee the storage space more particularly described herein under the heading Unit No. (the “Unit”) upon terms and conditions hereafter set out.
2. The term of this rental agreement shall consist of 4 month periods that is consistent with post secondary school year, unless otherwise set forth herein. If the term is for a fixed period of time and expires, it will continue for successive 4 month periods until terminated as herein provided.
3. All rent shall be due and payable on the first day of each four month period.
4. If the term consists of successive 4 month periods, the Owner shall have the right to increase the specified rent at any time upon 30 days prior written notice to the Customer.
5. All charges and fees payable by the Customer as specified herein shall be payable upon demand. Payment of partial rent and or late fees will not be accepted.
6. In the event the Customer fails to pay rent when due, and said payment remains delinquent for a period of more than three (3) days, the Owner is authorized by the Customer to charge a late charge equal to 5% of the 4 month periods rent and no less than $5 and for every 6 days that rent remains unpaid. The owner further reserves the right to withhold access to the customer’s property until the rent is paid. If rent shall remain unpaid for a period of 30 days the Owner reserves the right to offer the customer’s property for public sale. If the rent shall remain unpaid for 45 days, an amount equal to the rental amount will be charged to the account as a late fee. In the event said rental is not paid within 60 days of the due date, then any property is to be sold by the Owner, the proceeds of said sale to be applied first to the expense of sale, with the same to include but not be limited to a reasonable attorney fee and the cost of publication of notice of sale, if any, then to the payment of rent, with any surplus remaining to be paid to the Customer. The amount of the late charge shall be the amount established by the Owner from time to time for all customers of the Project.
7. Although Owner and Owner’s representatives may give insurance information to Customer, Customer understands that Owner and Owner’s representatives are not an insurance company or insurance agents. Owner and Owner’s representative have not explained any coverage or assisted Customer in making any claim under any insurance policy. If Customer buys insurance the insurance company named in the brochure made available by Owner, Customer shall send the insurance premiums with Customer’s rental payments to Owner. Owner shall send the insurance premiums to the insurance company for Customer. Owner will first use any payment received to pay rent and other costs owed by Customer under this rental agreement. Owner will send the rest of the payment to the insurance company to pay all or part of the insurance premium due.
8. Neither the Owner nor its agents shall be liable for any injury or damage to persons or property resulting from faulty materials or workmanship or any other defect in the Unit, or fire, explosion, steam, electricity, water, rain, snow, dampness, the acts or omissions of others, criminal or otherwise, or from any other cause whatsoever whether or not resulting from the negligent or deliberate acts or omissions of the Owner or its agents. The Owner and its agents shall not be liable for any loss or damage caused by acts or omissions of other customers or occupants, their employees or agents, or of any other persons, or for damage caused by the construction of any public or quasi-public works, and in no event shall the Owner by liable for any consequential or indirect damages suffered by the Customer.
9. The Customer shall indemnify the Owner and its agents against all liability, claims, damages or expenses due to or arising out of any act or neglect by the Customer or its servants, employees, agents, invitees or licensees or any other for whom the Customer may be at law responsible on and about the Unit and other areas of the Project or due to or arising out of any breach by the Customer of any provision of this rental agreement, including liability for injury or damages to the persons or property of the Customer’s servants, employees, agents, invitees or licensees.
10. University Boxes Inc. shall grant Owner’s agents or the representatives of any governmental authority, including police and fire officials, access to the University Boxes Inc. storage space upon two (2) days’ prior written notice to University Boxes Inc. or without notice in the case of an emergency or in the event entry to the University Boxes Inc. storage space is requested by the police or other public authorities. In the event University Boxes Inc. shall not grant access to the University Boxes Inc. storage space as required, or in the event of an emergency or upon default of any of University Boxes Inc. storage space obligations under this rental agreement, Owner’s agents or the representatives of any governmental authority shall have the right, but not the obligation, to remove University Boxes Inc. storage space locks and enter the University Boxes Inc. storage space for the purpose of examining the University Boxes Inc. storage space or the contents thereof or for the purpose of making repairs or alterations to the University Boxes Inc. storage space and taking such other action as may be necessary or appropriate to preserve the University Boxes Inc. storage space, or to comply with applicable law including an applicable local, provincial or federal law or regulation governing hazardous or toxic substances, material or waste, or to enforce any of Owner’s rights. In the event of any damage or injury to the University Boxes Inc. storage space arising from the negligent or deliberate act or omissions of the University Boxes Inc., or for which University Boxes Inc. is otherwise responsible, all expenses reasonably incurred by the University Boxes Inc. to repair or restore the University Boxes Inc. storage space, including any expense incurred in connection with any investigation of site conditions, or any clean-up, removal or restoration work required by an applicable local, provincial or federal law or regulation or agency regulating any hazardous or toxic substance, material or waste, shall be paid by the University Boxes Inc.
11. Customer hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the University Boxes Inc. storage and the Project and Customer hereby acknowledges, as provided in paragraph 1 above, that Customer acknowledges and agrees that Owner does not represent or guarantee the safety or security of the University Boxes Inc. storage or the Project or of any property stored therein, and this rental agreement does not create any contractual duty for Owner to create or maintain such safety or security.
12. This rental agreement shall terminate at the expiration of any term of this rental agreement by the party desiring to terminate this rental agreement giving written notice by certified or registered mail to the other party of such party’s intention to terminate not less than fourteen (14) days before expiration of the term. The Owner may terminate this rental agreement by giving written notice to Customer not less than seven (7) days before the end of this term. Further, this rental agreement may, at the option of the Owner, be terminated upon any default by Customer under the terms of this rental agreement or the abandonment of the Unit by Customer. If Customer defaults under any of its obligations under this rental agreement, Owner may pursue any remedies available to Owner under applicable law or this rental agreement. Owner’s decision to pursue one remedy shall not prevent Owner from pursuing other available remedies.
13. Customer hereby authorizes Owner to release any information regarding Customer as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
14. For the purposes hereof “Owner” includes the directors, officers, shareholders, employees and agents of the Owner and those for whom Owner is in law responsible.
15. The Customer agrees to hereby release and absolve University Boxes Inc. from any liability or it’s agents acts in connection with the storage of property or security therein, including but not limited to any liability for quality, quantity or condition of the goods stored on behalf of the Customer, as well as any liability for damage.