The Storage Box Rental Agreement

Please submit the following rental agreement:

The Storage Box

4B Cronin Road

Exeter, NH 03833

603-334-9818

Email: franksdumpsterrental@gmail.com

This agreement, executed at Exeter, NH between Franks Dumpster Rental, DBA The Storage Box Hereinafter called the owner and the occupant:

Payment: All rent shall be paid one month in advance on the due date via a credit card on file.  The initial due date shall be the date the container (s) are first delivered to you and subsequent due dates shall occur on the monthly anniversary of the initial due date.  You must pay FDR a monthly rent in advance, without deduction, prior notice, demand or billing statement, in the amount set forth in the invoice which is incorporated herein.  You are not entitled to a refund of any prepaid rent under any circumstances.

Default:  The following events shall be deemed to be events of default: (a) you fail to pay any installment of rent on the due date: (b) you fail to comply with any term of this agreement, other than the payment of rent, and you fail to cure within five (5) days after written notice to you: or (c) you abandon the container (s).

Remedies Upon Event of Default:  If an event of default shall occur, FDR shall have the right at its election, then or at any time thereafter while such event of default continues, to pursue the following remedy or any other remedies provided for in this agreement or under applicable New Hampshire law. FDR may enter upon your property to inspect it, deny your access to your property, and sell your property in accordance with the NH lien laws applicable to self-storage.  FDR may also demand that you immediately surrender the container (s) to FDR. If you fail to do so, FDR may, without prejudice to any other remedy which it may have for possession or arrearges in rent, enter upon and take possession of the container (s), including the right to enter upon your property stored in the container (s), and expel or remove your property, without being liable for prosecution or any form of damages therefore.  You hereby agree to pay to FDR on demand the amount of all loss and damage which FDR may suffer be reasons of such termination, whether through inability to re-let the container(s).  All expenses incurred by FDR that are connected with the collection of any and all outstanding balances will be assessed to you (including reasonable attorney’s fees, court fees and other expenses).

Lien on items and Security Interest:  FDR has and claims a lien on all property in the container (s) and its proceeds for all present and future charges and fees for services and rental/storage, processing incidental to storage, delivery and expenses (including attorney’s fees and legal expenses) necessary to preserve the property or to sell it.  FDR may sell your property to enforce its lien in accordance with NH state lien laws applicable to self-storage.  If your property is sold to enforce FDR lien, you will be responsible for all reasonable expenses associated with the sale.  You also grant FDR a security interest in your property to secure the charges and expenses described in this agreement.

Placement of the Containers(s):  FDR trucks are to drive on paved surfaces or compacted roadways suitable for trucks and capable of supporting the weight of each container and its stored contents.  You agree to allow FDR to drive on your lawn or other non-paved area in order to place the container in the area you designate, and you agree to pay for any damages that occur or may occur to our storage unit, our truck or any other structure item, utility service, item, sign, or any other surface.  In addition, you will pay fines, cost associated with collection, legal fees or tickets that may occur.

You agree to keep the container(s) on a driveway or other paved surface immediately accessible from street fronting your property.  Such placement area shall have adequate width, depth and height clearance to sustain the weight and size of the container (s), and be free of potential flooding, large enough and free from any branches, fences, retaining walls, overhead wires, underground plumbing, electrical, sprinkler systems, utilities, or any other obstructions.  You agree to comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning the container(s), their use, and location as long as the container (s) are located at an address other that FDR.  You assume full risk for damage to the property and your contents caused by the placement of the FDR container.

Authority to Enter:  you authorize us to enter upon your property 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 the real property of the Original Delivery Address and/or that you are an authorized agent of the owner (s) of such property and have the right and authority to permit FDR unrestricted entrance upon such real property.  FDR is not liable for any damages if it is late in delivering empty container(s),or retrieving empty container(s).

Local Ordinances, Regulations, or Landlord requests:  You acknowledge that your use of the container(s) may be subject to county, city and local ordinances, rules and/or regulations including traffic, deed and homeowner restrictions.  You assume full responsibility for any tickets, fines and/or penalties, monetary or otherwise, resulting from your use of or placement of the container(s).  If a governmental unit or landlord requires FDR to move the container(s) from your property, FDR will attempt to notify you of such requirement, if time permits.  However, you give FDR full authority to comply with such governmental requested, and absolve FDR of any liability or damages you may incur as a result thereof.  You assume all costs including but not limited to legal fees, towing and storage, incurred with the retrieval of the container(s) and any damages incurred to the container(s) during their removal and storage.  You agree to pay FDR mobile storage for any and all additional charges that FDR may incur due to the placement of the container(s) in an area designated by the Lessor.

Contents:  The container(s) are being provided to you during the term of this agreement, for your exclusive use, to store only personal property that belongs to you in accordance with the terms and conditions of this agreement.  At no time do you have any ownership rights in the container(s).  You shall not make or allow any alterations to the container(s). 

Locks:  You must provide, at your own expense, a lock for each container which is sufficient to secure the container(s).

Loading and Packing of the containers(s):  You acknowledge that you have examined the container(s) and acknowledge and agree that the container(s) are satisfactory for the purposes of storing your property.  You agree to store only household goods or other similar property that you own and you will not store property that another person or entity may claim any right, title or interest.

You shall not store: food, animals, agricultural products, alcohol, controlled substances, weapons or firearms, drugs, perishable items, flammable or combustible materials, explosives, chemicals, fumigants, gas, dangerous or hazardous material, or any other item whose storage or use is regulated or prohibited by federal, state or local law, regulation, rule or ordinance.  You shall not use the container(s) in any manner that will constitute waste, nuisance or unreasonable annoyance to others.  You acknowledge that the container(s) and the warehouse are unsuitable for the storage of heirlooms, precious, invaluable or irreplaceable property, objects for which no immediate resale market exists, or objects which are claimed to have special or emotional valve, and consequently, you agree not to store any such item, including bot not limited to, valuable documents, money, deeds, stock certificated, securities, evidences of debt, antiques, jewels, precious metals, jewelry, works of art, stamp collections, rare or historical items.  You acknowledge and agree that the container(s) may be used for storage only, and that the use of the container(s) for the conduct of business or for human or animal habitation is specifically prohibited.

Moving the Container:  DO NOT ATTEMPT TO MOVE THE CONTAINER YOURSELF.  YOU MUST SCHEDULE A PICK-UP WITH FDR IN ORDER TO MOVE THE CONTAINER.

You further acknowledge and assume full responsibility and liability for packing and securing your property in the container(s).

Insurance:  All property is stored by occupant at occupants sole risk.  Insurance is occupants sole responsibility.   Occupants agrees to maintain or secure fire, extended coverage and comprehensive liability insurance covering the full insurance value of goods or property stored in the container.

Returning the container:  You are responsible to remove all contents and return the container to “Broom Clean” status when scheduling  the final pick up of the container.  

A “Wait Fee” will be charged if the driver needs to wait more than ½ hour for you to unload the container(s).  This fee will be charged to the card on file in 15 minute increments.

A “Clean Up fee” (per container) will be charged to you for any items left in the container.

Snow Removal Procedures:  Snow removal is the responsibility of customer and its clients.  Two feet around the unit must be cleared of snow, ice and debris for pickup of the unit.  Per New Hampshire Law  (NH RSA 265:79-b), snow and ice must be cleared off the roof of the unit before transporting unit onto the roads.  Snow removal also includes the condition of the property/driveway for pickup and delivery for the safety of our drivers.  If for any reason, FDR driver is unable to pick up a FDR container(s), you will be responsible for additional pick up fees, monthly rental charges and any other fees may be assessed upon FDR discretion.

Right to Enter, Inspect and Repair unit: On behalf of any lawful governmental authority, FDR and FDR’s agents retain the right, but not the obligation, to remove your lock from the container(s) and open the container(s) without prior written notice in the event of a perceived imminent threat to public health, property or the environment, other emergency such as fire, flood, or infestation or governmental or court order to open the container.  In addition, you will grant FDR and FDR’s agents access to the container containing your property on three days prior written notice to you, for purposes of (a) examining or inspecting the container(s) or the contents therein; (b) making repairs or alterations to the container(s) or taking such other action as may be necessary or appropriate to preserve the container(s) or its contents; (c) removing all property from the container(s) on termination of this agreement; (d) complying with all applicable local, state or federal laws, rules ordinances or regulations governing hazardous or toxic substances, materials or wastes (including any investigation or any clean up, removal or restoration work); or (e) enforcing any of our rights if you default on any of your obligations under this agreement.  All expenses that FDR incurs under this section will be paid by you on demand.  FDR will not have liability for the loss of your lock if FDR breaks it to exercise its rights of access as provided herein.

Termination:  FDR may terminate this agreement at any time by giving you thirty (30) days written notice of its intention to do so.  Upon termination of this agreement for any reason, you shall remove all of your property, unless such property is subject to FDR’s lien rights, and you shall immediately deliver.  

Entire Agreement:  This agreement sets forth the entire agreement of the parties  with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto.  There are no representations, warranties, or agreements by or between the parties., which are not fully set forth herein, and no representative of FDR or FDR’s agents is authorized to make any representations, warranties or agreements other than expressly set forth herein.  This agreement may only be amended by a document in writing signed by both parties.

Acknowledgments:  By signing below I agree to the following seven (7) acknowledgements:

1. Agreement:  I agree that I have received, read and understand the FDR dba The Storage Box agreement for delivery and storage services and I agree to comply with all policies and rules contained therein.

2. Clean Unit:  I acknowledge that I received FDR in clean condition.  I acknowledge that all contents must be removed and the FDR unit must be swept out upon return or a cleaning charge will be charged to the credit card on file.

3. Snow Removal:  I am responsible to clear all snow, ice and debris from the FDR unit and its immediate surrounding area prior to its being picked up, or the driver will need to return.  I will be charged for the original AND the additional trip.

4. Dumping Fees:  I acknowledge that if all items are not removed from the FDR unit, I will be charged up to $5,000 for dumping fees.

5. Wait Time:  I acknowledge that if the driver needs to be at my location for longer than 30 minutes, I will incur a waiting fee as quoted above per hour, billed in 15-minute increments.

6. Insurance:  I acknowledge and understand that FDR is not and will not insure or guarantee against loss of customer’s property stored in the unit, and FDR has no liability whatsoever as to claims for loss or damage to such property.  Customer hereby waives any claims whatsoever against FDR for loss of and damage to any property stored in rented unit.

7. Delivery:  I acknowledge and understand that FDR is not and will not be liable for damage done due to the delivery location explained below.  Customer hereby waives any claims whatsoever against FDR for any damage to property where unit is placed.