Terms & Conditions

Self Storage & Vehicle Storage

Premises:
The Company hereby demises and leases to the Customer a portion of its storage facility to have and hold as a periodic 4-week Customer on the terms and conditions in this Agreement. Unit transfers may be permitted at the sole discretion of Make Space Storage. The terms and conditions herein will be applicable to all future units. Additional charges or fees may apply.
 

Terms:
The Tenancy begins on move-in (the "Commencement Date"). All provisions of this Agreement continue to apply as long as the Customer retains possession of the Premises.
 

Rent:
The Customer shall pay to the Company at the Company's address a rental amount of plus applicable taxes and all other applicable taxes for the Premises, payable in advance without deduction on the Commencement Date and on the same day of each cycle thereafter (the "Due Date"). NO REFUNDS WILL BE GRANTED, including refunds on prepayments (discounted or not). Any rent or other fees and charges payable hereunder may be adjusted from time to time by the Company upon giving 28 days written notice to the Customer at the address provided herein. No invoices or billing statements are mailed. Any rent paid in excess of that owed shall be credited to the rent payable for the pay period immediately following. 
 

Late Payment & Fees:
In the event that the Customer fails to pay to the Company the rent payable hereunder by or on the due date, the late fees and penalties will apply.

These charges are subject to change upon notice to the Customer by the Company. All such charges shall be added to and form a part of the rent herein. The Customer also understands and acknowledges that there shall be additional fees applied for additional services rendered as necessary.
 

Further Remedies Upon Default:
In addition to other remedies, the Company may, if he in his sole discretion considers it necessary to prevent any contents of the Premises from being removed, place a lock belonging to the Company on the door of the Premises until the Customer's default is rectified or the contents are disposed of by the Company in the manner provided herein. Any actions of the Company pursuant to this Agreement in entering the Premises, inspecting the contents, removing some or all of the contents, or placing a lock on the Premises will not constitute a termination or forfeiture of this Agreement by the Company. Before disposing of the contents of the Premises or part of them, the Company will mail to the Customer a written notice on or about day Forty-Five (45) that the Company may dispose of any personal property in the Premises. Following the expiration of fifteen (15) calendar days from the date the notice is deemed to have been sent hereunder, the Company may dispose of the contents of the Premises or part with them at a public or private sale conducted on such terms as the Company, in its sole discretion, deems fit. The proceeds of any such sale will be applied first to the cost of such sale and second to the payment of the rent and other charges, which are due, from the Customer to the Company under the terms of this Agreement. If there is any excess from the sale, the Company shall hold the excess funds without interest for the Customer. Upon the Customer making demands for the excess and giving the Company a written receipt and release in such a format as required by the Company, the excess funds will be released to the Customer.
 

Customers Change of Address and/or Phone Number:
It is the Customer's responsibility to notify the Company in writing of any change of address, email and/or phone number.
 

Insurance:
The Customer shall maintain on all personal property in, on, or about the Premises, a policy of insurance covering damage by fire, extended coverage perils, water, vandalism, burglary, and pests. The Customer hereby releases the Company from any and all such claims for damage or loss to personal property in, on, or about the Premises and hereby waives all rights of recovery against the Company and its agents in connection with any damage that is or would be covered by such insurance to the extent the Customer does not maintain the required insurance coverage for the full value of the personal property stored, the Customer shall be deemed to have been self-insured. All goods of the Customer are stored at the Customer's sole risk, and the Customer acknowledges that they are not covered by any policy of insurance carried by the Company.
 

Termination:
Either party may terminate this Agreement by giving at least 28 days' verbal or written notice, prior to the Due Date, to vacate the Premises. This Agreement will terminate as above, without prejudice to any rights of the Company against the Customer. The Company may terminate this Agreement without notice if the Customer is in default of any payment, provision, or covenant contained herein or upon the bankruptcy or insolvency of the Customer. 
 

Removal of Noxious Substances:
The Company shall have the right to enter the Premises and remove therefrom any dangerous, noxious, or unlawful substances and to cause the same to be removed and disposed of at the Customer's expense. The Company shall not be liable to the Customer in any way for entering the Premises, breaking any locks or containers, or for the removal, loss, or destruction of any such substance. The Company shall report any such entry to the Customer.
 

Use of Premises:
The Customer shall use the Premises for the storage of his/her property only and shall not use or permit the Premises to be occupied by any person or animal. No other person shall have any right, title, or interest in any of the property stored by the Customer on the Premises. The Customer shall not operate any business, machinery, or electrical appliance on the Premises without the Company's express prior written consent. The Customer shall not store on the Premises any flammable, explosive, poisonous, or inherently dangerous substance, and any engine or equipment stored shall be empty of fuel. The Customer shall not use the Premises for any illegal purpose or store any item that may violate any laws, rules, regulations, or ordinances of any and all governmental authorities concerning the Premises or use thereof or create an increase in the Company's insurance premiums, or store on the Premises any noxious substance that could create a nuisance to the Company or other Customers. The

Customer acknowledges and understands that no bailment is created by this Agreement, that the Company is not engaged in the business of storing goods for hire or the warehousing business and is simply renting the Premises in which the Customer can store items of personal property owned by the Customer. The Company does not take custody, control, possession, or dominion over the contents of the Premises and does not agree to provide protection for the storage facility, Premises, or contents thereof. All personal property is stored at the sole risk of the Customer.
 

Damages & Alterations:
The Customer shall forthwith notify the Company of any damages or defects in or about the Premises and shall pay for the cost of any repairs for damage caused by the Customer, his invitees, or licensees. The Customer shall not make or allow any alterations whatsoever to the Premises without obtaining the prior written consent of the Company. Any alteration completed without such consent shall be deemed damage, and the cost of restoration shall be due and payable by the Customer to the Company.
 

Notice:
Notice may be given by the Customer in writing to the Company's storage facility manager. The Company may give Notice by posting it on the Premises. Alternatively, either party may give Notice by prepaid post at the address contained herein and which shall be deemed to have been received on the third day after mailing. 
 

Condition of Premises:
The Customer shall keep the Premises in clean condition and shall not cause any litter or accumulation of trash or discarded materials in or about the Premises. The Customer acknowledges the inspection of the premises and accepts them as clean, undamaged, and in good condition.
 

Use of Electricity:
The use of electricity is prohibited by the Customer unless permitted by the Company in writing.
 

Entry to Premises:
The Company may forcibly enter the Premises without notice if it is believed necessary for the safety of the facility or Premises or the contents thereof, and the Company's liability shall be solely limited to the cost of replacing the Customer's lock. The Company shall report any such entry to the Customer. The Customer will allow the Company free access at all reasonable times to the Premises for the purpose of inspection or making repairs, additions, or alterations that may be required to fulfill the Company's obligations under this Agreement. This privilege is not to be construed as an agreement on the part of the Company to make any repairs, additions, or alterations.
 

Customer Access:
Providing he/she is not behind in payments as outlined in the Agreement, the Customer shall have access to and from the facility in which the Premises are situated at reasonable times, which shall be posted by the Company at the entrance to the grounds on which the Premises are situated. The Company may amend or change the rules for the regulation of the facility and traffic upon or about the grounds, and shall post them on the grounds and the facility. The Customer agrees to comply with such additions, deletions, changes, and amendments that shall become part of this Agreement as if written herein.
 

Indemnity:
The Customer shall indemnify and hold harmless the Company from any and all claims, demands, and actions of every nature whatsoever arising out of or caused by the Customer's occupancy or use of the Premises, including costs as between a solicitor and his client and whether or not such claims shall arise out of negligence on the part of the Company, its employees, or agents.
 

Release of Claims Against Company:
The Company shall not be liable to the Customer for, and the Customer releases the Company from, any claims in respect to injury, death, loss, or damage to person or property arising out of the use or occupancy of the Premises by the Customer due to any cause including fire, explosion, theft, vandalism, wind or water damage, escape of any dangerous or noxious substance, any defect now or subsequently created or discovered in the Premises, or acts or omissions of any third party, regardless of whether such loss or damage may be caused or contributed to by the negligence of the Company, its agents, or employees.
 

Assignment:
The Customer shall not assign or sublease the Premises or any portion thereof without, in each instance, the prior written consent of the Company, which may be arbitrarily withheld.
 

Entry Upon Default of Payments of Rents:
Without prejudice to any other right or remedy of the Company under this Agreement, if the Customer fails to pay the rent due hereunder within seven (7) days after it is due, or upon any breach by the Customer of any other covenants and agreements contained herein, the Company may, using any force which he in his sole discretion deems reasonable, enter the Premises, inspect the contents, and remove some or all of the contents from the Premises.

The Customer, to the full extent permitted by law, waives the right he/she may have pursuant to the Rent Distress Act R.S.B.C.1979, s. 362 as amended from time to time. The Customer further agrees that the Company may terminate this Agreement at any time upon default by the Customer by giving the Customer written notice to that effect. The Customer waives any claims of any kind whatsoever and howsoever caused, including negligence, that the Customer may have against the Company or its agents arising out of or in anyway connected with any act or failure to act of the Company in collecting the rent or other charges due under the terms of this Agreement and in exercising any remedy of the Company hereunder. The Customer agrees to defend and hold the Company harmless against any claims by any other party having an interest in the personal property kept in the Premises.
 

Vacant Possession on Termination:
The Customer shall, at the expiration of or earlier termination of this Agreement, peaceably surrender and return to the Company the Premises in their original state, normal wear and tear excepted.
 

No Warranties:
The Company herby disclaims on behalf of itself and its agents any implied or express warranties or representations of the nature, condition, safety, or security of the premises and the facility and the Customer hereby acknowledges and agrees that the Customer has inspected the Premises and that the Company does not represent or guarantee the condition, safety, or security of the Premises or any of the property stored therein. This Agreement sets forth the entire Agreement of the parties with respect to the subject matter hereof, and the Customer acknowledges that no representative of the Company is authorized to make any representation, warranties, or Agreements other than is expressly set forth herein. Neither party to this Agreement may waive any of the provisions hereunder except by written agreement. In the event of total or partial destruction of the Premises or the storage facility by fire or other calamity or by the taking of all or any part of the storage facility by condemnation proceedings or expropriation, the Company will have the right to elect or terminate this Agreement as of the date of such event or to repair any damage of the Premises or storage facility within a reasonable time. The Company will make its selection by giving the Customer notice of election within 28 days after such event. If the Company chooses the latter, rent will be abated in proportion to the period for which the Premises are untenantable. Upon any sale, assignment, or other disposition of the storage facility, the Company will have the right to terminate this Agreement with 28 days' notice to the Customer.
 

Severence:
This Agreement shall be governed and construed in accordance with the laws of the Province in which the facility is located. Each provision of this Agreement is intended to be severable. If any provision is illegal or invalid, such illegality or invalidity shall not affect the validity of the remainder. The captions of this Agreement are for convenience only and in no way affect the construction of its terms.
 

Binding Effect:
This Agreement shall be to the benefit of and be binding upon each party hereto and their respective heirs, executors, administrators, successors, and permitted assigns.
 

Portable Storage

General Terms:
a. This Agreement applies to all rentals, moves and transactions between the parties and is binding upon the parties, their heirs, executors, legal representatives, successors and assigns and shall be governed by the laws of the Province of British Columbia.

b. The parties agree that THE COMPANY is not a bailor or warehouser pursuant to the Warehouse Lien Act, RSBC 1996, c 480, Warehouse Receipt Act, RSBC 1996, c 481, equivalent legislation or common law in the Province in which the Equipment is located.

c. The section headings in this Agreement are for convenience only and shall not be deemed to alter or affect any provision of the Agreement.

d. Customer waives the exercise of any and all existing and future rights of set-off or counterclaim against the rental charges or other amounts due to THE COMPANY under this Agreement.

e. If any part or provision of this Agreement is found to be invalid or unenforceable, the invalidity or unenforceability of such part or provision shall not affect the remaining parts or provisions of this Agreement, which shall continue in full force and effect.

f. Any forbearance by THE COMPANY in enforcing its rights shall not constitute a waiver of THE COMPANY's right to require Customer to comply strictly with the terms of this Agreement.

g. Where applicable to more than one party, all provisions in this Agreement shall be construed to be joint and several.

h. This Agreement may be terminated by either party at any time by written notice, and requiring the return of all rented Containers per this agreement.
 

Rental Fees & Other Charges:
a. Customer agrees to pay all rent and other amounts payable under this Agreement, without offset or deduction.

b. Rent is payable on the date that each 28-day Cycle comes due. If rent or any other amount is not paid within 7 days of the due date, late fees and penalties will apply.

c. Rent will not be reimbursed or prorated if the Container is returned to THE COMPANY before the end of a payment cycle.

d. If any payment is returned because of insufficient funds, Customer will be charged an NSF fee by THE COMPANY, and THE COMPANY may also declare that a default has occurred under this Agreement.

e. THE COMPANY agrees to give at least 30 Days' written notice of any change in the rent rate before the next due date when the new rate is to become effective. A change in the rent rate does not change any of the other terms of this Agreement.
 

Rental Term:
The term of this Agreement starts on the day the Container is delivered to Customer and will continue on 28-day cycles until it is ended in accordance with this Agreement. The minimum term is one cycle. Customer agrees to pay THE COMPANY rent every 28-day cycle on the due date of every cycle. Customer agrees to pay the first cycle, plus drop-off and pick-up fees in advance and to pay each subsequent 28-day cycle on the date it comes due. Customer or THE COMPANY may end this Agreement by giving written notice to the other party at least 15 days before the end of the cycle term.
 

Delivery & Return of Container:
a. THE COMPANY or its agents will deliver the Container to Customer on the date and to the location noted above.

b. THE COMPANY or its agents will deliver and pick up the Container to and from this location for the applicable drop-off fee and pick-up fee unless otherwise negotiated with the Facility Manager.

c. A Fuel Surcharge will be added to all transportation fees.

d. Customer agrees to return the Container to THE COMPANY empty, broom clean, in the same condition as received, normal wear and tear excepted.

e. If the Container is found to be damaged on its return to THE COMPANY, Customer agrees to pay THE COMPANY the cost of all damages, together with additional rent charges for the reasonable time it takes for THE COMPANY to repair the Container.
 

Use of Container:
a. Customer agrees to accept the signature of the delivery carrier as proof that the Container was delivered in good condition.

b. THE COMPANY may place its name and logo on the Container, and Customer agrees not to remove or alter.

c. Customer shall not make or allow any marks or signs on the Container, or repair, paint, or modify the Container without THE COMPANY's prior written consent.

d. Customer shall not keep or store any hazardous, illegal, corrosive, contaminating or radioactive equipment products in the Container, or use the Container for any illegal purpose. If the Container is used to store any such equipment or products or for an illegal purpose, Customer agrees, at THE COMPANY's option, that THE COMPANY may charge Customer for the Container's replacement value. Rent charges shall continue unabated until THE COMPANY receives payment in full for the replacement value of the Container.

e. Customer acknowledges that the Container is NOT suitable for storing items such as (but not limited to) heirlooms, jewelry, currency, food, glassware, china, plants, important papers, books, art, photographs, firearms, animals, birds and fish, property not owned by Customer or for which Customer is not legally liable, electronic equipment, or computer software, hardware or programs.

f. Maximum weight of goods stored in the Container shall not exceed 7,500 pounds or 3,400 kilograms. If the container is to be moved while loaded and the loaded contents exceed the maximum weight restrictions, THE COMPANY may charge extra for moving the Container.

g. Customer assumes full responsibility and liability for packing the Container and acknowledges CONTENTS MAY SHIFT DURING TRANSIT if the Container is to be moved with goods stored in it.

h. Customer shall not move or allow the Container to be moved from the location it was delivered to without THE COMPANY's prior written consent.

i. Customer acknowledges that HUMAN OR ANIMAL HABITATION in the Container IS STRICTLY PROHIBITED.
 

Site:
a. Customer permits THE COMPANY access to the property where the Container is to be located during business hours so that it can deliver, locate, relocate, recover, inspect, maintain and repair the Container.

b. Customer shall ensure that the site for the Container is suitable and that THE COMPANY's delivery vehicle will be able to access and safely deliver and pick up the Container.

c. Customer agrees to comply, at its own expense, with all provincial, local and federal laws, regulations and bylaws, in connection with the use, possession, and location of the Container, including obtaining any necessary consents, licenses, permits and approvals.
 

Repair and Maintenance:
a. THE COMPANY agrees to arrange for any maintenance or repairs it deems necessary if Customer notifies that the Container needs maintenance or repairs.

b. If the Container is lost, destroyed or sustains major damage which results in the Container being a total loss, Customer agrees that THE COMPANY may charge Customer for the replacement value of the lost, destroyed or damaged Container.

c. Customer shall provide a lock for the Container at Customer's own expense. Customer must not provide THE COMPANY with a key and/or combination to Customer's lock. If the Container is to be moved while goods are stored in it, the Container shall be locked before it is moved.
 

Insurance:
a. ALL PROPERTY STORED IN THE CONTAINER IS AT THE CUSTOMER'S SOLE RISK. INSURANCE IS THE CUSTOMER'S SOLE RESPONSIBILITY. Customer assumes all risk of loss, including damage to or theft of the Container and any of its contents due to causes such as theft, vandalism, disappearance, fire, water, wind, insect or rodent damage, earthquakes, acts of God, mould or mildew. If Customer desires insurance coverage for perils such as these, Customer must arrange and pay for the same.

b. Customer agrees to obtain and maintain, at its own expense, insurance covering the Container for the Container's replacement value, and a minimum of $1,000,000 third-party liability insurance which shall be maintained until this Agreement is ended, naming THE COMPANY as additional insured and direct loss payee. Customer shall provide THE COMPANY with an insurance certificate confirming this coverage on THE COMPANY's request.
 

Assignment & Subletting:
Customer shall not sell, assign, sublease, transfer, charge, encumber, or part with possession of the Container. If this occurs, Customer shall immediately take all action necessary to have such charge, encumbrance or lien immediately removed and discharged and if Customer fails to do this, THE COMPANY may pay any amount necessary to obtain the release of any charge, encumbrance, or lien and recover this amount from the Customer without any obligation on THE COMPANY's part to question the reasonableness of the amount.
 

Security:
a. Customer acknowledges and agrees that: THE COMPANY owns the Container and it shall remain the property of THE COMPANY at all times; and

b. This Agreement creates both a lease of the Container and a security interest in it. Customer charges, grants and creates a security interest in the Container in favour of THE COMPANY, for the payment and performance of all Customer's obligations under this Agreement. THE COMPANY may register this agreement or a financing statement based on it or other security interest in the Container in favour of THE COMPANY pursuant to the Personal Property Security Act (the Act) in the Personal Property Registry as a charge against the Customer generally, and against the Container in particular, to protect its ownership rights.
 

Defaults & Remedies: 
a. Acts of default include: (i) Customer's failure to pay fees when due; (ii) Customer's failure to perform any covenant, condition or obligation under any agreement between THE COMPANY and Customer; (iii) Customer suffering any distress, execution or other legal or statutory process which results in a lien, claim, judgment or charge on the Equipment or (iv) Customer becoming insolvent, committing an act of bankruptcy or becoming the subject of any proceedings under any provincial or federal legislation for the protection of debtors.

b. Upon any default by Customer, or upon termination by THE COMPANY, THE COMPANY may, without notice and without relieving Customer of its obligations, do any or all of the following, at its option: (i) declare the balance of all invoices due under this Agreement to be immediately due and payable by the Customer; (ii) lock up the Container currently under contract, and deny Customer access to the use of this Container free of any claims of Customer; (iii) charge THE COMPANY'S costs and expenses to the Customer until such time as the Customer remedies the default; (iv) retake possession of the Container currently under contract free of any claims of Customer; (v) seize and take possession of the property contained in the Container and dispose of it by private or public sale as a whole or in units or parts and apply the proceeds of such disposition to any outstanding balance payable under this Agreement , the reasonable expenses incurred in seizing, repossessing, holding, repairing or preparing the property for sale and any other reasonable expenses incurred by THE COMPANY in enforcing its rights herein and (vi) avail itself of any other remedies available to it under this Agreement, at law, or in equity including pursuant to Part 5 of the Personal Property Security Act, RSBC 1996, c 359, or equivalent legislation in the Province in which the Equipment is located.

c. Customer hereby waives any and all rights to any judicial hearing prior to THE COMPANY'S repossession of the Container.

d. Customer will continue to pay rental charges for the container under contract until: (i) the rental Equipment is returned to THE COMPANY in good condition, (ii) the Container is repaired and fit for subsequent rental, and (iii) all outstanding amounts are paid.

e. If THE COMPANY retakes possession of the Equipment pursuant to a default, Customer authorizes THE COMPANY to remove any property in, on or attached to the Container. THE COMPANY may place the property in storage, dispose of the property, or place the property unattended on the ground. THE COMPANY is not liable for the care or safekeeping of the property, and Customer will pay THE COMPANY for any storage costs, disposal costs and the cost of moving the Container.

f. Termination of this Agreement will not relieve Customer of any liabilities or obligations incurred prior to such termination, and Customer will at all times remain fully liable for all damages, costs and expenses incurred by THE COMPANY on account of Customer's default under this Agreement, including all costs to recover the Container, and all legal fees and disbursements.

g. Without in any way limiting the obligations of Customer under this Agreement, Customer hereby irrevocably appoints THE COMPANY as the agent of Customer, with full power and authority, at any time when Customer is obligated to deliver possession of the Container to THE COMPANY, to demand and take possession of the Container in the name and on behalf of THE COMPANY or the Customer, from whomever is in possession of the Container.

h. Customer gives THE COMPANY authority to take all necessary steps to repossess the Container, including, but not limited to, the cutting of locks and moving of vehicles and agrees to waive, release, and indemnify THE COMPANY from any and all claims it may suffer as a result of repossession.
 

Waiver, Release:
Customer waives and releases THE COMPANY and its agents, employees and assigns from all manner of actions, causes of action, claims, and demands whatsoever, which may arise as a result of Customer's agreement to rent the Container, store and/or ship goods in the Container and enter into this Agreement.
 

Notices:
All notices required by this Agreement shall be given in writing to the customer or to any updated address either party may notify the other of.
 

Guarantee:
If Customer is a company, the Guarantor acknowledges that he will benefit from this Agreement, and further acknowledges that THE COMPANY would not grant this Container Rental Agreement to a company without a personal guarantee. The Guarantor personally guarantees THE COMPANY's performance and payment of all the Customer's obligations under this Agreement.
 

Quiet Posession, Limitation of Warranties & Liability:
a. Customer shall have quiet possession of the Container if it is not in default of this Agreement.

b. THE COMPANY gives no warranties of any kind whatsoever regarding the Container, its condition, performance or fitness for a particular purpose.

c. THE COMPANY shall not be liable in any way whatsoever for the condition of the Container or damage to or loss of the Container from the time it is delivered to and returned by Customer.

d. THE COMPANY shall not be liable in any way whatsoever for any damage to items stored or shipped in the Container.
 

Indemnity:
Customer agrees to indemnify and save THE COMPANY harmless for all claims whatsoever (whether they be direct or indirect or result in property damage, personal injury or death) arising out Customer's breach of any provision of this Agreement (including legal fees and disbursements), including but not limited to THE COMPANY's inability to access the Container or safely deliver and pick up the Container, Customer's use of the Container (including loss or damage to goods stored or shipped in the Container no matter how such loss or damage occurs and including all claims resulting from Customer's use of the Container for damage to other property, personal injury or death), Customer's failure to insure or properly insure its goods and/or the Container, Customer's failure to comply with laws, regulations and bylaws, any damage to or loss of the Container due to causes such as vandalism, collision, fire, lightning, theft, explosion, flood, windstorm, or Act of God, and from any loss, property damage, bodily injury or death suffered by any person directly or indirectly related to the use or condition of the Container from the time the Container is delivered to Customer and returned to THE COMPANY