Master Lease Agreement Terms & Conditions
Customer ("you") hereby lease from Conexwest ("Conexwest") all units and equipment (including stairs) identified on the reverse hereof and any future substituted or added units (collectively, "Units"). This Master Lease will govern all future rentals unless agreed in writing otherwise. Unless identified in writing as a sale, you shall not acquire any ownership interest in any Unit. The term of a Unit lease ("Lease") commences upon the date of delivery of a Unit and continues on a monthly basis (each a "Period") until terminated as provided herein. You agree to pay Conexwest the lease charges, sales and prorated personal property tax assessments or comparable amounts, delivery, pickup and fuel charges, Loss Limitation Waiver charge, waiting time charges if delivery/pickup exceeds one hour on-site, and other charges set forth in invoices delivered to you (collectively, "Charges"). Unless agreed to otherwise by Conexwest, all Charges are due monthly in advance without demand. Charges and terms of this Lease are subject to change upon notice to you and shall be effective upon the earlier of payment by Customer of its next invoice or the next Charges due date. You shall owe all Charges for each Period regardless of the number of days Units were on-rent and there will be no return of Charges in the event a Unit is returned prior to the end of a Period. You shall pay as liquidated damages (not a penalty) $25 (and any bank fees) for dishonored checks and 15% of unpaid pretax Charges after each Charges’ due date. If you have provided Conexwest with credit card information, you authorize Conexwest to charge your credit card for all Charges. Following each Period, each Lease shall renew automatically for additional Periods until you give Conexwest at least 5 working days notice to terminate a Lease. You shall pay in advance the deposit indicated to secure your performance of a Lease. The deposit will be returned if you request in writing within 30 days of Unit's return in undamaged condition or revert to Conexwest for its own account if not so requested. Conexwest may apply the deposit for damage and any other Charges and you will replace such deposit amounts if Units are still on rent. Any payments made by you to Conexwest above Charges owed each Period shall revert to Conexwest for its own account if not claimed by Customer in writing within 30 days of such payment.
Delivery, Use and Removal
You may either pickup/return Units (upon meeting Conexwest insurance/indemnification requirements) or pay for Conexwest delivery/return. You may store Units at your delivery location or pay Conexwest to store Units at a Conexwest facility and agree Units may be stored by Conexwest at an alternative location in Conexwest’s sole discretion. By using Units you or your agent accept the Units as free of defects, in good repair and working condition. You agree to inspect Units prior to use and to notify Conexwest in writing of any defect. Regardless of being in transit, at your location or a Conexwest facility, you shall be solely responsible for all loss, theft and damages (except ordinary wear and tear) to Units, Unit contents ("Contents") and your premises or other property, for any cause whatsoever, including (without limitation) damages caused by theft, vandalism, forces of nature, leaking of any Unit, condensation, humidity, or damages relating to the delivery or removal of a Unit. You shall not allow habitation in Units or store dangerous, illegal, unsanitary, explosive, staining, malodorous or hazardous materials in any Unit, remove any Unit from the United States or alter any Unit in any way (including drilling holes, painting or affixing signs). You agree not to store collectibles, currency, software, heirlooms, jewelry, works of art or anything having sentimental value to you and waive any claim for emotional or sentimental attachment to the Contents. If a Unit is delivered and placed by Conexwest, you must contact Conexwest to relocate any Unit and obtain Conexwest's written consent or pay Conexwest's then-current relocation rates. You shall pay Conexwest all Charges to clean, paint, repair, remove locks, make immediately ready for re-lease any Unit and to remove, store, retain or dispose of Contents. You shall keep Units freely accessible at all times to inspection and removal by Conexwest. If a Unit is destroyed, damaged beyond repair, lost, stolen, not returned to or not repossessed by Conexwest, you shall pay Conexwest the replacement value of such Unit, plus applicable taxes. You assume full responsibility for identifying and complying with local ordinances and for any fines and/or penalties, monetary or other, resulting from your use or placement of Units in violation of such ordinances, rules and/or regulations. You must call Conexwest to schedule Unit return or removal. Conexwest will attempt to schedule delivery/removal of the Unit as requested by you but rental Charges will continue until delivery/removal of the Unit is completed. You are responsible to remove all locks and clean and empty the Unit prior to removal by or return to Conexwest. Conexwest may remove all locks, empty Unit and any Contents left in Units may become Conexwest property without payment. You shall pay additional removal charges (including for failed attempts) if a Unit isn’t ready for Conexwest removal or for changes in site condition. Conexwest's driver or agent may refuse a delivery/removal and Conexwest can charge Customer if such cannot be accomplished due to safety or potential damage. You authorize Conexwest to attempt to place Units pursuant to your instructions on a driveway or other paved surface accessible from a street, over your lawn or other non-paved area and you represent that any placement area will have adequate size, clearance and structural integrity to sustain the weight and size of the Unit(s), delivery truck and any other related equipment.
You shall maintain the Unit in good condition. You are responsible to weekly inspect the Unit’s interior and exterior to assure it is in good working condition. You shall keep each Unit free from all liens and grant Conexwest a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges. Conexwest MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION, SAFETY OR SECURITY OF UNITS OR Conexwest FACILITIES OR COMPLIANCE WITH LAW AND YOU AGREE YOU HAVE SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR YOUR INTENDED USE. You lease the Units "as is." Conexwest shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Units, loss of income, personal injury, death or other damages, direct or indirect, consequential or otherwise of you or your agents or invitees for any reason. You shall indemnify, hold harmless, defend and reimburse Conexwest and its directors, officers, employees, and agents ("Conexwest Related Parties") from and against all losses, damages, death, claims, injuries, costs and attorney's fees arising directly or indirectly from (i) the use, delivery, removal or condition of Units, (ii) the loss of, damage to or destruction of Units and/or Contents (iii) any fine, liens, tax, penalty, towing, impound or other charges arising from your use of the Units or (iv) your breach of this Lease. Units shall not be attached or affixed to real property. Customer acknowledges that it will not store above the maximum value and weight of Contents of Units set forth on Conexwest's rental documents and such value shall be conclusive as to the maximum value of all Contents. Individual items shall be limited to $.60 per pound up to the Content maximum value. This maximum value is significant consideration in the establishment of rental price.
Neither you nor your insurer shall have any claim (direct or by way of subrogation) against Conexwest or Conexwest Related Parties for any loss or damage to any property resulting from any casualty. INSURANCE FOR UNIT CONTENTS IS YOUR RESPONSIBILITY--Conexwest DOES NOT PROVIDE ANY INSURANCE. You will provide prior to delivery or upon request a Certificate of Insurance naming Conexwest as loss payee and additional insured with coverage equal to the Unit replacement cost. The policy shall be acceptable to Conexwest in its discretion and provide for 30 days notice to Conexwest prior to cancellation or modification.
Conexwest may terminate this Lease at any time without notice for any reason whatsoever. You release any claim that Conexwest has duties of a bailee or under "warehouseman" laws. Each of the following constitute an "Event of Default:" (a) you fail to perform any term of any Lease, (b) you have bankruptcy, reorganization or insolvency proceedings threatened or instituted, or (c) if Conexwest has a reasonable belief of an anticipatory default by you. upon an Event of Default Conexwest may, without legal process or notice, terminate a Lease, enter any premises where a Unit is located, repossess Units, remove any locks on your property or Units, remove Contents without regard to their protection or pursue any other remedy available. You irrevocably grant Conexwest unrestricted access to your property and permission to enter day or night, remove locks, disconnect attached utilities and repossess Units. If a Unit is repossessed, Conexwest is approved in advance to remove Contents or exercise its lien and hold Contents and you shall have no claim against Conexwest for damaged Contents. If you do not pay all Charges due and remove all Contents from Conexwest premises, you grant Conexwest permission to dispose of/sell Contents in accordance with applicable state law and apply net proceeds to unpaid Charges. Customer releases and agrees to indemnify Conexwest and Conexwest Related Parties from any claims for trespass, conversion or damages of any nature arising from repossession. You agree to pay, as liquidated damages, Conexwest's collection/repossession/disposal fees, attorney's fees and any other cost incurred by reason of any Event of Default or the exercise of Conexwest's remedies. Repossession of a Unit shall not relieve you of your obligation to pay Charges owed hereunder. No remedy referred to is exclusive, and each shall be in addition to any remedy referred to herein or otherwise available to Conexwest. If Conexwest seeks to recover or repossess Units by means of "writ of replevin" or similar method, you waive any security or bond posting requirement prior to such process. Acceptance of partial payment shall not constitute a waiver of Conexwest's right to full payment. Any endorsements appearing on your checks shall not affect Charges owed. You shall not transfer or hypothecate the Unit, assign your duties hereunder or sublease the Unit. Conexwest may assign, pledge or transfer this Lease without your consent. Except as provided in Section 1, a Lease may only be amended in writing executed by the parties, shall be governed by the state laws where this Lease was executed by Conexwest ("Jurisdiction") and contains the entire understanding of the parties and supersedes the terms of any purchase order or similar document from you or any other agreement among the parties. Any suit regarding this Agreement shall be brought in the Jurisdiction provided that Conexwest may bring suit against you in any county where the Unit or Customer is located. If any term hereof is unenforceable, such invalidity shall not affect the enforceability of the Lease or any other provision. This Lease may be executed in multiple counterparts including by fax or other electronic transmission, each of which shall be regarded as an original and constitute one instrument. Your indemnity obligations shall survive termination of a Lease. You agree that Conexwest's total aggregate liability under this Lease shall not exceed $5,000. Conexwest, you and any of your agents, or invitees waive any right to trial by jury for any cause of action brought against Conexwest or Conexwest Related Parties. Both parties agree to exclusively abide by the access, lien and lien sale procedures herein and waive to the fullest extent possible any legal requirements for other access, lien, notice and/or sale procedures.