Terms of Service
This Rental Agreement (‘Agreement’) dated as of the date set forth below, by and between Pak-All Inc., a Oklahoma company (“PakAll”) and ‘Tenant’ (referred to as “you”, “your”, or “Customer”), whose name and residence address are set forth on the attached Agreement incorporated by reference for the purpose of leasing or renting a portable storage Unit (refered to as “Unit” or “Container”) as more fully described below and with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder, whether actual, constructive or otherwise. Due to the nature of our business and its purpose being storage, it is further understood that Pak-All are not representing to you, in any manner whatsoever, that Pak-All is a ‘warehouseman’ as such term is defined by applicable state statutes. Further, you expressly understand and agree that it is the parties’ intentions that any laws including, without limitation, warehouseman laws or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement. The parties agree as follows:
1. CANCELLATION. Confirmed rental orders cancelled by Customer less than 48 hours prior to scheduled delivery time will be subject to a handling fee of 50% of the agreed rental charges per this contract. Upon arrival at Customer’s site or at any time thereafter, rental charges and other fees are non-refundable for any reason including weather.
2. RENT & TERMINATION. Rental term commences upon delivery and continues thereafter on a monthly basis until terminated. Customer will not be entitled to a refund of any prepaid rent and no monthly rent shall be pro-rated if the termination occurs prior to the end of a full rental month. Either party may terminate this Agreement at the expiration of any term by giving notice to the other party not less than seven (7) days before expiration and such termination shall be effective as of the last day of the rental month. The Customer understands and agrees that Pak-All does not waive its lien rights on the property stored in the Unit if partial payment is accepted to reduce the outstanding balance on the account.
3. BILLING CYCLE AND FINANCE CHARGES. Billing period is monthly, rental start date is your billing date. Invoices not paid by the end of next billing cycle will be subject to a a late charge equal to $25.00 on each occasion or the maximum amount allowed by applicable law for each delinquent payment each and every month that such payment(s) remains(s) delinquent plus Customer will be responsible for all of Pak-All’s costs of collection, including but not limited to court costs, filing fees and attorneys’ fees. Unit will not be scheduled for pick up until the account is current.
4. DELIVERY AND PICK-UP. Scheduling of delivery, pick-up, transferring, & servicing of rental units shall be mutually agreed upon by Pak-All and Customer. Customer agrees to notify Pak-All a minimum of 7 days in advance to arrange for pick-up, transfer, or servicing of rental units. This agreement also grants Pak-All, our agents and employees permission to enter Customer’s site for the sole purpose of delivery, pick-up, transferring, servicing or inspection of rental units. When transferring there is a max weight limit of 8,000 lbs. (including unit weight). If delivery, pick-up, transferring, or servicing of rental units is not attainable at specified time due to reasons caused by Customer, Customer’s agents or employees, Customer agrees to pay an additional service charge of $25 per occurrence.
5. Container Damage Waiver (Coverage DOES NOT Include Contents) Under the Rental Agreement, while the Container is in your possession, you accept responsibility for damage to the Container and the cost of repairing it regardless of your fault or negligence, or the fault or negligence of any other person, or acts of God. We automatically apply a charge monthly to waive your responsibility for all of the cost of damage to the Container regardless of fault or possession subject to the actions that invalidate this waiver listed in the Rental Agreement. Container Damage Waiver (Coverage) does not provide any protection for the Contents of the Container. The election of Container Damage Waiver (Basic Coverage) is not mandatory, may be declined, and charge removed by notifying PakAll inc. in writing.The Damage Waiver Fee applies only to the Unit and is not protection for the contents of the Container.
6. PAYMENT. The customer gives PAK-ALL INC. permission to automatically charge the credit card provided each month for the rental fee, taxes and all other charges or fees due. Unless otherwise agreed, the customer shall make PAYMENT IN ADVANCE by Major Credit Card. The customer further agrees to pay any and all additional charges, such as additional rental fees, damages, failure to deliver, or any costs as a result of damage to company equipment from customer negligence, or from removal of hazardous or prohibited material. Customer’s that pay by credit card and incur additional fees will have the credit card charged for those fees.
7. LOCATION & CARE OF UNITS. You have the option to store the Unit(s) with Pak-All or have the Unit(s) remain at an address designated by you. Rental Units will be placed and remain at the address you designate. Customer agrees to use reasonable care in protecting rental units from damage and loss while Unit(s) are in Customer’s possession. Customer agrees to pay an additional service charge of $25 for each rental unit returned excessively dirty beyond normal usage which requires extra cleaning. If you elect to have us store the Unit at a Pak-All location, you agree that we shall have the right and authority to store the Unit at our Facility (“Warehouse”). We shall attempt to store the Unit space permitting. You shall have access to the Unit only during specified hours, which are normally 8:30 am to 3:30 pm local time, by giving advance notice to Pak-All. Please call Pak-All to confirm the access hours to schedule access. Customer is not allowed to nail, attach with screws, or by any other means any material to camouflage unit. Units damaged by such modifications will be replaced at the expense of the Customer. You hereby authorize us to enter upon the property designated on the Agreement whenever we deem it necessary to enforce any of our rights pursuant to this Agreement or pursuant to any state or federal law. You warrant that you have an ownership interest in such real property and/or that you are an authorized agent of the owner(s) of such real property and have the right and authority to permit our unrestricted entrance upon such real property.
8. RISK OF LOSS OR DAMAGE. Customer agrees to pay Pak-All upon receipt of invoice for the cost of repairs for any damages incurred to rental units while on Customer’s site or, if unit is damaged beyond repair, for the replacement cost listed in this agreement regardless of the cause of such damage or total loss. Customer agrees to immediately notify Pak-All of any damage to or loss of rental units listed in this agreement. In addition, Customer shall remain liable for any rental charges as specified in this agreement. Paragraph 8 is waive unless customer contacted PakAll in writing to decline container damage waiver from paragraph 5.
9. DEFAULT. Events of default by Customer under this Agreement are: failure to pay any installment of the rent due under this Agreement or Customer abandons the Unit. In the event of default, Pak-All may at any time: deny Customer access to Customer’s property stored in Unit, immediately terminate this Agreement by giving notice to Customer, charge Customer ALL expenses incurred that are connected with the collection of any and all balances, enter Customer’s Premises and take possession of the Unit and Customer’s property stored in the Unit, or remove Customer from the Unit, without being liable for prosecution or any claim of damages, pursue any other remedies provided for under this Agreement.
10. SEVERABILITY. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
11. ATTORNEY FEES. Customer agrees to pay actual attorney fees incurred by Pak-All as the result of any action arising out of or related to rental and/or the collection of any amounts due, whether pre or post judgment.
12. CHANGES TO TERMS AND CONDITIONS. Pak-All has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions of this Rental Agreement, in whole or in part, with 30 day written notice to Customer. Your continued use of services after any such changes will constitute acceptance of those changes. These Terms and Conditions apply exclusively to this Rental Agreement and do not alter the terms or conditions of any other agreement you may have with Pak-All.