Terms and Conditions
1. USE OF PREMISES: Tenant shall use the leased premises solely for the purpose of storing lawful personal and business property within the premises. No property shall be stored, kept of placed in, on or upon the leased premises unless Tenant has the right to have possession, custody and control of that property. Tenant shall not store, keep or place any items in, on or about the leased premises in violation of any applicable local, provincial, or federal statutes or regulations. Tenant shall not store, keep or place welding equipment, firearms, ammunition, drugs, chemicals, solvents, hazardous materials, flammable or explosive materials, or items with offensive odors in the lease premises. Tenant shall not store, keep or place animals, plants, or any living substance in, on or upon the leased premises, manufacturing, fabrication, or any processes related thereto are prohibited. Retailing, merchandising, soliciting, auctioning, group actions, and like are prohibited on or about the premises. Tenant shall not do any act or cause any act to be done which created or which may create a nuisance in, on, or about the leased premises.
2. ACCESS: Tenant shall have access to the leased premises during such reasonable business as shall be posted by Lessor. Lessor reserves the right to change these hours from time to time at its sole discretion. Tenant shall be responsible for locking and securing the leased premises, so long as access is not denied to Lessor. Lessor reserves the right to double lock and deny access to Tenant if the rent is three (3) or more days overdue.
3. RENTAL FEE: Tenant agrees to pay the period rental fee set out above throughout the term of this lease. Such rental shall be paid on the time of billing during the term of this lease. However, the first rental period rent shall be paid on the transaction date. Any rental fee paid more that five (5) days after its due date will be subject to a $10.00 late charge. An additional late charge of $10.00 will be accessed for each additional five (5) day period that the rent is not received. A$40.00 fee will be charged for any cheque that is returned or refused by any bank for any reason. Lessor reserves the right to require that payment of any amount due hereunder be made in cash or certified funds or valid money order.
4. SECURITY DEPOSIT: At the time Tenant signs this agreement, Tenant shall pay Lessor a security deposit in the amount stated above. Lessor shall retain the deposit during the term hereof as security for Tenant's faithful performance of all of Tenant's obligations hereunder. Tenant also hereby gives Lessor a security interest in any and all items which may come to be stored in the lease premises to further secure Tenant's obligations hereunder. Lessor shall return the unused portion of the security deposit within a reasonable time after Tenant vacates the premises.
5. TENANTS MAINTENANCE OBLIGATIONS: Tenant shall keep the leased premises clean and in good condition throughout the term of this lease. Tenant shall be liable to Lessor for the cost of any repairs to the premises necessitated by actions of the Tenant or of persons entering the premises with Tenant's permission or under Tenant's authorization and these costs shall be paid by Tenant within ten (10) days of any bill therefore sent to Tenant by Lessor
6. UTILITIES: Lessor shall be under no obligations to provide any utilities to or for the leased premises.
7. PROHIBITIONS: Tenant shall not:
a) Assign this lease or sublet all or any portion of the leases premises.
b) Make installations, alterations, or additions in or to the leased premises
c) Mark, cut, drill into, drive nails or screws or hangers into, paint, decorate, make attachments or improvements to, or in any way alter, repair deface, or change any part thereof without the prior written consent of Lessor.
d) Erect, construct, or attach signs or advertising material, in, on, or upon the premises.
e) operate any electrically powered device in the leased premises without the prior consent of Lessor. Tenant understands that electrical power, if any, may be interrupted for extended periods without notice.
8. LESSOR'S RIGHT TO ENTER: Tenant agrees that Lessor and its representatives, employees and agents have the right to enter into and upon the leased premises at any time without prior notice to inspect the same, to make repairs or alterations thereto, to supply necessary or agreed upon services, to exhibit the premises to prospective or actual purchasers, mortgagees, tenants, workmen or contractors, or for any other proper purpose.
9. NON-LIABILITY OF LESSOR: Lessor shall not be liable for injury or damage to persons or property arising out of or related to the Tenant's use of the leased premises. Lessor shall not be liable for the loss from theft, vandalism, fire, water, hurricane, tornado, explosion, or any other causes whatsoever. Lessor shall not be liable to Tenant or to any other person for any personal injuries or property damage caused by any negligent act of any person in, on or upon, or relating to the leased premises or the facility in which they are located. Tenant hereby agrees to indemnify and hold lessor harmless from any and all such liability, loss, damage, or expense arising out of or related to Tenant's use of the leased premises. Tenant is responsible for safeguarding what is in, on or upon leased premises. Lessor carries no insurance which is any way covers any loss that Tenant may incur by use of the leased premises. Tenant must obtain any insurance desired at Tenant's expense. Lessor strongly recommends that Tenant secure insurance to protect Tenant and Tenant's property.
10. LESSOR OF STORAGE SPACE: Lessor is in the business of leasing storage space. Lessor has no duty to maintain any record of property placed in, on or upon the leased premises. Except as otherwise provided herein. Lessor shall have no duty to preserve or maintain any property placed in, on or upon the leased premises by or on behalf of Tenant.
11. END OF TERM: Tenant agrees to return possession of the leased premises to Lessor at the end of the term of the agreement or upon its termination. At the time of such return, Tenant shall remove all personal property from the leased premises and shall return said premises in good and clean condition. However, if \ Tenant is then in default hereunder, the Tenant may not remove property from the leased premises without prior permission of Lessor. If without any further written agreement, Tenant remains in possession of the leased premises after the stated expiration of the term hereof, then Tenant shall be considered a tenant at will. All provisions of the agreement, except for the term thereof, shall apply to such tenancy and except that the tenancy shall be terminated in compliance with applicable law.
12. DEFAULT: Time is of the essence in the performance of all of Tenant's obligations hereunder. Tenant shall be in default of this agreement if: a)Tenant fails to fully, promptly and faithfully perform all of Tenant's obligations hereunder: or, b)Any representation or statement made by Tenant in connection with this agreement proves to have been false when made; or, c)Any bankruptcy or insolvency proceedings are commenced by or against Tenant; or,. d)If any property in the leased premises is seized by public authorities or attached by legal process
13. CONSEQUENCES OF DEFAULT: In addition to all rights and remedies provided by law, the Lessor may at Lessor's sole discretion in the event of Te3nant's default, terminate this agreement by sending Tenant a written notice of default. If Tenant does not cure the default within seven (7) days the effective date specified in such notice or, if no date is specified therein, seven (7) days after the notice is sent to Tenant, this agreement and all of Tenant's rights hereunder shall be terminated. Thereafter, lessor shall have the right to remove, at Tenant's expense; all property from the leased premises to such other place or places as Lessor may deem proper or expedient and to re-lease said premises without waiving any further rights under this agreement. Lessor may also recover from the Tenant all amounts due or which may become due hereunder. Whether for rent, damages, costs, and expenses (including, without limitation, reasonable solicitor's fees or otherwise.) Lessor further has the right to take and set off Tenant's security deposit and any other amounts which Lessor may hold from or owe to Tenant against amounts owed by Tenant hereunder. Tenant agrees connection with the enforcement or termination of ls agreement or collection of any amounts due hereunder.
NOTICE TO TENANT: The Warehousemans Lein Ace, R..S.N.B. Chapter W-4 GIVES THE LESSOR A LIEN ON ALL GOODS AND OR PERSONAL PROPERTY STORED WITHJN THE LEASED PREMISES FOR RENT, LABOUR OR OTHER CHARGES, SOUCITOR'S FEES, INCLUDING ALL EXPENSES REASONABLY INCURRED IN THE SALE OR AUCTION OF SUCH PROPERTY. PROPERTY STORED IN THE LEASED PREMISES MAY BE SOLD BY LESSOR TO SATISFY THE LEIN IF TENANT IS IN DEFAULT FOR A PERIOD OF MORE THAT TWO (2) MONTHS. AFTER LAWFUL NOTICE, ASALE OR PUBLIC AUCTION WOULD BE HELD AT THE STORAGE FACILITY OR AT THE NEAREST SUITABLE LOCATION.
14. WAIVER: Lessor may exercise or waive any rights which it may have hereunder without losing any other rights which it may have here under . Any waiver of any right at any particular time shall not constitute a waiver of that right at any other time.
15. CHANGE OFTERMS: Lessor may, in its sole discretion, change any, some or all of the terms of this agreement, including charges and conditions of occupancy, upon at least sixty (60) days prior written notice to Tenant. Tenant may then terminate this agreement of the effective date of the change(s) by providing Lessor with written notice thereof at least ten (10) days in advance of such effective date. If Tenant does not so terminate this agreement, then the change(s) shall become effective and incorporated into and be deemed to amend and supplement this agreement as of the effective date thereof.
16. RULE AND REGULATIONS: Tenant further agrees to comply with the Rules and Regulations attached hereto or posted by the Lessor. Lessor reserves the right to amend, modify or delete the same or to add such new and additional reasonable Rules and Regulations from time to time as it shall deem necessary. Tenant agrees to comply with all such amended, new or additional Rules and Regulations upon receipt of notice or posting thereof from Lessor.
17. NOTICES: Notices shall be in writing and shall be deemed delivered, whether actually received or not, when deposited in the Canada Post Corporation, first class, registered or certified postage pre-paid and addressed to the party intended to receive the same at the address set forth herein-above or al any other new address provided to the sending party in writing after the execution of this agreement.
18. SEVERABILITY: The laws of the Province of New Brunswick apply to this agreement. If any of the terms and conditions of this agreement shall be found to be void, invalid or not allowed by law, then the remaining terms shall remain in full force and effect.
19. EACH SIGNER LIABLE: If this agreement is signed by more than one Tenant, then the obligations of each hereunder shall be joint and several.
20. FALSE ALARM CHARGE: In the event of a false alarm the lease will be subject to a charge of $25.00 if it is determined that the cause of the event is due to improper use of procedures. These charges are immediately chargeable and will be added to the account and must be paid no later than the next billing point.
21. ALL LEASE/RENTAL TERMINATIONS MUST BE DONE BY EMAIL ADDRESSED TO-istorit@gmail.com. CANCELLATIONS WILL BE EFFECTIVE DATE OF EMAIL NOTICE. ANY KEYS RELATED TO THIS UNIT MUST ALSO BE TURNED IN AT THIS TIME.
22. ALL DECLINED PAYMENTS ARE SUBJECT TO A $30.00 CHARGE