Terms & Conditions
1. Applicable Terms
All Proposals by RedGuard, LLC (“RedGuard”), all acceptances by RedGuard of Lessee’s orders (“Acceptance”), and all performance of services by RedGuard are submitted or made subject to these Standard Terms and Conditions for LeaseFleet Building Rentals and Purchases (“Terms and Conditions”) and all specific terms and conditions set forth in the Proposal issued by RedGuard (the “Proposal”). “LeaseFleet Building” is defined as one or more LeaseFleet blast-resistant buildings, VersaBilt, CoverSix Shelters, or Turnstile buildings, supplied to Lessee by RedGuard under an individual Proposal. Technical advice or field services may also be provided by RedGuard, as described in the Proposal or separately; any technical advice or field services provided will be subject to these Terms and Conditions. In the event of any conflict between the Terms and Conditions and the specific terms and conditions or the Proposal, the specific terms and conditions of the Proposal will control. Lessee by submission of a Purchase Order, acceptance of the Proposal, submission of initial payment required by the Proposal, or any other act in furtherance of requesting RedGuard to act in accordance with the Proposal, accepts and agrees to these Terms and Conditions, and waives any conflicting or additional provisions contained in Lessee’s forms. Any provision, printed or otherwise, contained in any order, acceptance, confirmation, or acknowledgement issued by Lessee that is inconsistent with, different from, or in addition to these Terms and Conditions is hereby expressly rejected by RedGuard and will not be considered as part of the agreement between Lessee and RedGuard. All references to “Lessee” include the ultimate owner, if a different entity. All Purchase Orders are subject to review and Acceptance by RedGuard prior to performing any work.
2. Representations of Lessee
Lessee represents and warrants to RedGuard, which representations RedGuard may rely upon, that (a) Lessee’s acceptance of the RedGuard Proposal is authorized by appropriate act of Lessee and is executed by an individual authorized to bind Lessee; (b )the LeaseFleet Building will remain in the location specified in the Proposal during the duration of the lease term specified in the Proposal (the “Lease Term”); (c) Lessee intends to use the LeaseFleet Buildings for a use permitted by law and as represented to RedGuard in the Proposal; (d) Lessee is financially able to complete its obligations of payment of the full lease payment; and (d) Lessee will adhere to recommendations and directions made by RedGuard for the installation, maintenance, and use of the LeaseFleet Buildings, will not modify or remodel the LeaseFleet Building in any way, will maintain the LeaseFleet Building in good condition, and notify RedGuard of any damage to the LeaseFleet Building, within 48 hours of the damage, during the duration of the Lease In the event the LeaseFleet Building will be located on a third party’s premises, Lessee will obtain advanced written approval that RedGuard may enter into the premises, and remove and retrieve the LeaseFleet Building from the premises at any time upon reasonable notice to the third party.
RedGuard will invoice Lessee and Lessee will make all payments in accordance with the schedule set forth in the Proposal or as set forth in this Paragraph 3, whichever applies. Where a specific date for payment is set, payment must be made on or before that date. Payment in full for each invoiced amount is a condition precedent to the performance of any further work by RedGuard. Should Lessee fail to make any payment as required, RedGuard, at its sole option, and without incurring any liability, may, upon reasonable notice to Lessee, enter the premises where the LeaseFleet Building is located (including on the premises of any third party), disconnect all utilities, and remove the LeaseFleet Building from the premises. In such an event, all remaining lease payments will be immediately due and payable to RedGuard. All payments not made when due will bear interest at One and one-half percent (1.5%) per month, Eighteen percent (18%) per annum (or the highest rate permitted by law, if lower) beginning thirty (30) days after the date payment was due until paid. All risk of loss of or damage to the LeaseFleet Building will transfer to Lessee at the time the LeaseFleet Building is delivered to the location where it will be installed. In all cases, title to the LeaseFleet Building remains with RedGuard. Given the customization and reconditioning required by RedGuard for each LeaseFleet Building, Lessee understands and agrees the minimum payment required will be equal to the amount stated in the Proposal regardless of whether Lessee elects to cancel the lease prior to the expiration of the Lease Term stated in the Proposal (the “Minimum Payment”).
4. Proposal Price Limitations
All prices quoted, unless otherwise specified in the Proposal, are based on a 28-day lease cycle and not on a calendar basis, do not include transportation charges, any federal, state, or local taxes (including, for example, sales or use taxes, VAT, GST, or transfer tax) or other governmental charges on labor or the production, shipment, importation, exportation, sale, installation, or use of the LeaseFleet Buildings covered by the Proposal. All such charges, whether or not paid by RedGuard, will be for the account of Lessee and Lessee agrees to pay all such charges. All crating, Packaging, freight, and crane charges are to be paid by Lessee unless otherwise specified in the Proposal. All price quotes expire thirty (30) days from the Proposal date, unless otherwise specified in the Proposal, and may be withdrawn or modified by RedGuard at any time before acceptance by Lessee. Unless otherwise stated in the Proposal, the Lease Term will begin on the date of delivery to Lessee’s premises through the actual date of removal of the LeaseFleet Building from Lessee’s premises by RedGuard.
5. Schedule of Work
Placement of an acceptable Purchase Order by Lessee will release RedGuard to begin preparation of the LeaseFleet Building in accordance with the Proposal. If modifications to the LeaseFleet building(s) are required per Lessee’s Purchase Order prior to delivery, Lessee is responsible for all costs incurred for such modifications. Lessee will pay for all additional costs incurred by RedGuard resulting from Lessee’s delays, including, for example, failure to approve drawings promptly or to the necessary releases to purchase materials, and to proceed with fabrication, shipment, or installation. One and a half (1.5) hours of detention time is included in proposal transportation quote. Any time spent on site after that time period will be billed at $75/half hour/truck. All delivery and completion dates, as specified in the Proposal are of critical importance; however time will not be construed to be “of the essence”.
6. Force Majeure
In the event of any act, delay, or failure to act by a federal, state, or local government, war conditions, civil unrest or political disturbances, fire, flood, severe weather, high winds, or other natural disaster, labor troubles, strikes, lockouts, governmental action, inaction, delay, or restriction, or act of terrorism, or any other circumstances beyond the control of RedGuard, should prevent, curtail or delay the performance by RedGuard, then such non-performance or delay will not be considered a breach, and RedGuard will be excused while such condition or circumstances and its consequences prevail, and the time for RedGuard to perform hereunder will be extended accordingly.
After placement of an acceptable Purchase Order, the Lessee may cancel the order only upon written notice to RedGuard, which notice will be effective only upon actual receipt by RedGuard. In the event of cancellation, Lessee will be required to pay RedGuard a cancellation charge equal to the lead time or period required to prepare the LeaseFleet Building for Lessee multiplied by the lease rate stated in the Proposal, plus all costs associated with modifications, staging, and transportation arranged for the delivery of the LeaseFleet Building to Lessee, and the cost to close out all purchase orders issued to subcontractors and vendors of RedGuard for materials, services, and transportation related to the LeaseFleet Building.
8. Warranties of RedGuard
If the LeaseFleet building is blast-resistant, RedGuard warrants that the LeaseFleet Building will: (i) meet or exceed the blast rating set forth in the RedGuard Proposal: (ii) be free from defects in materials and workmanship at the time of delivery to Lessee’s location; (iii) be manufactured in accordance with RedGuard’s engineering specifications; and (iv) meet the requirements stated in the American Petroleum Institute’s Standard Practices 752 & 753 (the “RedGuard Warranty”). The RedGuard Warranty is void if Lessee performs any repair or modifications to the LeaseFleet Buildings or attempts to or otherwise relocates the LeaseFleet Building without the prior written consent or approval of RedGuard. Correction of any non-conformance, in the manner provided above, will satisfy all obligations of RedGuard under the RedGuard Warranty with respect to the LeaseFleet Buildings. Unless otherwise stated on the RedGuard Proposal, any purchased pre-utilized LeaseFleet building includes a one hundred and twenty (120) day warranty from the date of purchase. Unless otherwise stated on the RedGuard Proposal, any purchased new manufactured building includes a one (1) year warranty from the date of purchase.
9. Limitation of Liability
(a.) EXCLUSION OF WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTY PROVIDED HEREIN, REDGUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEFLEET BUILDINGS, AND ANY RELATED TECHNICAL ADVICE OR FIELD SERVICES, PROVIDED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR (b.) EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT, WILL REDGUARD BE RESPONSIBLE FOR ANY LOST PROFITS OR OTHER ECONOMIC LOSS, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES (c.) DOLLAR LIMITATION: ANY LIABILITY OF REDGUARD OR ITS SUBCONTRACTORS OR VENDORS WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION HEREWITH, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION, TECHNICAL ADVICE OR FIELD SERVICES REGARDING THE STORAGE, INSTALLATION, COMMISSIONING, START-UP ASSISTANCE, OPTIMIZATION, OPERATION, USE, MAINTENANCE, REPAIR OR REPLACEMENT OF ANY LEASEFLEET BUILDING, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, OR ANY OTHER CAUSE OR COMBINATION OF CAUSES WHATSOEVER, WILL NOT EXCEED THE MINIMUM PAYMENT. (d.) EXCLUSIVE REMEDY: THE REMEDIES OF LESSEE ARE THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. LESSEE’S REMEDIES ARE LIMITED TO THE REMEDIES STATED HEREIN AND THESE REMEDIES SHALL NOT FAIL OF THEIR ESSENTIAL PURPOSE BECAUSE LESSEE IS LIMITED TO THE EXCLUSIVE REMEDIES PROVIDED HEREIN. (e.) Provisions applicable to Owner: In the event Lessee and Owner are different parties, the following will apply: (1) Lessee will obtain from Owner, in favor of RedGuard, an agreement that Owner will be bound by the remedies extended herein; if Lessee does not do so, Lessee, will indemnify RedGuard from and against all liability, damages, costs, losses, or expenses, including reasonable attorney fees, in excess of those remedies provided for (2) Lessee will obtain from Owner, in favor of RedGuard, its subcontractors and vendors, a release from consequential damages to the extent stated herein; or if Lessee does not do so, Lessee will indemnify and hold harmless RedGuard from and against all liability, damages, costs, losses and expenses, including reasonable attorney fees, resulting from Owner’s consequential losses of any nature. (f.) Subrogation Rights: Lessee and Owner/User hereby waive the subrogation rights of their respective property damage and business interruption/extra expenses insurers in favor of RedGuard and its All liability of RedGuard and its subcontractors for damage to the property of Lessee will be subject to the limitations herein and limited to occurrences prior to the expiration of the warranty period.
10. General Indemnity
To the fullest extent permitted by law, Lessee will indemnify, defend and hold harmless RedGuard and its affiliated companies, and their respective directors, officers, managers, employees, agents, successors and assigns (the “RedGuard Group”) from and against any and all liability, loss, damages, cost, expense, penalty, lien, award or judgment, including attorneys fees and court costs, arising out of or related to any claim, demand suit, or legal action, or proceeding of any nature, including without limitation personal injury, death, or property damage, or any combination, including to the LeaseFleet Building (collectively a “Claim”), made upon or against the RedGuard Group, or any of them, and caused by, or otherwise arises under or is related, directly or indirectly, to Lessee’s installation, operation, use, maintenance, modification, repair or replacement of the LeaseFleet Buildings following delivery, any other action or omission of Lessee, its contractors, employees, borrowed servants, agents and representatives, or any other person for whom Lessee may be liable or Lessee’s failure to observe and perform its obligations hereunder; provided, however, Lessee will not be required to indemnify the RedGuard Group to the extent a Claim arises out of the negligence, gross negligence, or willful misconduct of any member of the RedGuard. Lessee’s indemnity obligations are in addition to any other rights available to any member of the RedGuard Group and will not be limited in any manner by the provisions of applicable workers’ compensation, disability benefits, or other employee benefit statutes, nor by Lessee’s obligation to procure and maintain insurance. The provisions of this Section will survive termination of the Lease Term. No liens will be permitted to be placed on any LeaseFleet Building. Lessee will immediately take all action necessary to remove any lien and will indemnify and hold harmless RedGuard from and against any lien claims and any other costs and expenses related to any such lien.
11. Risk of Loss & Insurance
All loss or damage to the LeaseFleet Building from any cause during the Lease Term, including wind, fire, flood, theft, and comprehensive losses will be the sole risk and responsibility of Lessee. In case of total loss of LeaseFleet Building for which Lessee is responsible, such responsibility will include payment of an amount equal to the replacement value of the LeaseFleet Building. Lessee is responsible for, and will procure and maintain at all times during the Lease Term, the insurance coverage specified in this Section and to furnish to RedGuard certificates of insurance at least ten (10) days prior to the date of delivery of the LeaseFleet Building. Such policies and certificates will certify that Lessee has and will maintain during the Lease Term, the following insurance coverage: (a) worker’s compensation and employer’s liability insurance, with limits of at least the statutory minimum or $1,000,000, whichever is greater; (b) primary, non-contributory commercial general liability insurance on an occurrence basis, including bodily injury and property damage coverage and contractual liability, with minimum limits of $2,000,000 per occurrence and $5,000,000 in the aggregate (non-contributory excess/umbrella policy may be utilized to meet aggregate limits); (c) physical damage insurance providing coverage for the LeaseFleet Building against ALL RISK PERILS in an amount no less than the full replacement value of the LeaseFleet Building; and (d) automobile liability and collision insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. All policies will be written with deductibles and other terms and by insurance carriers acceptable to RedGuard. All liability policies (other than workers compensation policies) and certificates will name RedGuard as an Additional Insured. All property insurance policies and certificates will name RedGuard as an Additional Insured/Loss Payee as its interests may appear. Lessee will also provide a waiver of subrogation against RedGuard with respect to the insurance required under subsections (b) and (c) above and provide evidence of such waiver in the certificate of insurance provided to RedGuard. All policies and certificates will be endorsed to provide RedGuard with no less than (30) thirty days advance written notice of modification, cancellation, or expiration of the specified insurance coverage. RedGuard’s insurance policies will be considered excess over all of Lessee’s policies. Indemnification obligations by Lessee are in addition, and not an alternative, to the insurance coverage required, and Lessee’s maintenance of the insurance coverage will not operate to waive any indemnification obligations. If Lessee fails to procure and maintain the required physical damage insurance coverage in accordance with this Section, RedGuard will have the right (but not the obligation), without notice and at Lessee’s expense, to obtain the insurance coverage, and Lessee will pay the cost upon the terms set forth in RedGuard’s invoice issued in accordance with the provisions of Section 3. To the extent Lessee may perform hereunder without obtaining the required insurance coverage, it will not operate in any manner as a waiver by RedGuard of its right to maintain any breach of contract action against Lessee.
12. Project Documents, Installation & Removal
Any drawings, sketches, or other documents furnished by RedGuard, including the Proposal, are strictly for the stated one time use of Lessee and/or Owner as stated in the Proposal. The Proposal and all information contained in such documents are proprietary to RedGuard. Lessee will keep all information relating to the LeaseFleet Building in strictest confidence. Neither Lessee nor Owner may copy, publish, or otherwise disseminate the Proposal or any drawings, sketches, or other documents furnished by RedGuard or their contents nor provide any other information relating to the LeaseFleet Buildings or the Proposal to any other party without the prior written permission of RedGuard. Lessee may not reverse engineer or attempt to reverse engineer any feature of a LeaseFleet Building. Lessee will be responsible for preparing the pad site at the location for the installation and placement of the LeaseFleet Building, including all utility installation and connections, unless otherwise stated in the Proposal. The pad site must meet the minimum requirements provided by RedGuard. In the event of cancellation or termination of the Lease Term, Lessee will be responsible for disconnecting all utilities and preparing the LeaseFleet Building for removal by RedGuard, and Lessee understands and agrees that RedGuard will require a minimum of five (5) days from the date of termination or receipt of the written cancellation notice to arrange for and remove the LeaseFleet Building from Lessee’s premises, have the same force and effect as personal service within the State of Kansas.
13. Default & Remedies
A default by Lessee includes, for example, Lessee’s failure to make any payment on time, modifying the LeaseFleet Building, failure to notify RedGuard of any damage to the LeaseFleet Building within 48 hours of the damage, relocating the LeaseFleet Building on or removing the LeaseFleet Building from the specified location, failure to maintain the LeaseFleet Building, breach of any provision of the Purchase Order, Terms and Conditions, or the Proposal, or Lessee enters bankruptcy or receivership. Upon default by Lessee, the obligations of RedGuard will terminate completely and automatically. All amounts due RedGuard under the Proposal will be immediately due and payable. In addition, Lessee will be responsible for all costs and expenses incurred by RedGuard as a result of exercising its rights, including reasonable attorney fees, court costs, and collection costs.
Neither party may assign their rights and obligations under any Purchase Order issued by Lessee without the prior written consent of the other party. Lessee may not sublease any LeaseFleet Building to any third party without the prior written consent of RedGuard.
Any consent, agreement, or notice required or permitted to be given or made by one of the parties hereto to other party will be in writing and in the English language and will be delivered in person, United States Postal Service, email, or by Federal Express (or other recognized international courier service requiring signature upon receipt), and receipt is verified. Such notice will be effective upon receipt. Addresses and designated contact names will be set forth in the Purchase Order or Proposal and such addresses and designated contact names may be modified from time to time, by written notice to the other party, given in the aforesaid manner.
It is intended that each provision of these Terms and Conditions will be viewed as separate and divisible, and that in the event any provision is held to be invalid, the remaining provisions will continue in full force and effect.
17. Binding Upon Successors
These Terms and Conditions will be binding upon and inure to the benefit of the parties hereto and their heirs, successors, administrators, and assigns as herein provided. No third party is nor will be construed as a beneficiary of any provision of the Proposal, the Purchase Order, or these Terms and Conditions, or any LeaseFleet Building provided by RedGuard.
18. Modification & Waiver
No change, modification, or waiver to any terms or scope of any order will be binding and valid unless it is accepted in writing and signed by an authorized representative of RedGuard. No waiver of any of the provisions of the Purchase Order, the Terms and Conditions, or the Proposal will be deemed or constitute, waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver.
19. Prior Agreements
These Terms and Conditions supersede and replace all prior agreements, representations and warranties (including without limitation, implied warranties of merchantability or fitness for a particular purpose), written or oral, with respect to the LeaseFleet Building to be provided by RedGuard.
The captions set forth herein are for convenience only and have no binding effect nor will they be considered in interpreting these provisions.
Terms & Conditions
SiteBox Storage, a division of RedGuard, LLC (“SiteBox”). There shall be a one (1) month (4 week term) initial minimum charge that includes the first month’s rent, delivery and pickup of the SiteBox unit. The final month will be billed at the daily rate equal to 1/10th pro-rata of the monthly rate (28 days) for the first 10 days. If Customer retains possession longer than Ten (10) days a full month’s rent shall be charged. An additional pick-up fee shall be charged and rent shall be reinstated should Customer request pick-up of the unit(s) and SiteBox, is unable to perform the pick-up due to Customer negligence in not removing the contents or access to the unit(s) is blocked or denied. Customer by submission of a Purchase Order, acceptance of the Proposal, submission of initial payment required by the Proposal, or any other act in furtherance of requesting SiteBox to act in accordance with the SiteBox Proposal, accepts and agrees to these Terms and Conditions, and waives any conflicting or additional provisions contained in Customer’s forms. Any provision, printed or otherwise, contained in any order, acceptance, confirmation, or acknowledgement issued by Customer that is inconsistent with, different from, or in addition to these Terms and Conditions is hereby expressly rejected by SiteBox and will not be considered as part of the agreement between Customer and SiteBox. All Purchase Orders are subject to review and Acceptance by SiteBox Storage prior to performing any work.
All payments not made when due will bear interest at One and one-half percent (1.5%) per month, Eighteen percent (18%) per annum (or the highest rate permitted by law, if lower) beginning thirty (30) days after the date payment was due until paid. Should Customer fail to make any payment as required, SiteBox, at its sole option, and without incurring any liability, may, upon reasonable notice to Customer, enter the premises where the SiteBox unit is located (including on the premises of any third party) and remove the SiteBox Building from the premises. In such an event, all remaining lease payments will be immediately due and payable to SiteBox. In the event Customer defaults on payment of rent when due, customer has ten (10) days from date of notice to either (1) pay account in full; or (2) commence payment according to mutually agreed upon plan to bring Customer’s account current. SiteBox retains the right to lock the unit(s) until all rent is paid in full or an agreement is reached to bring Customer account current. If after 45 days Customer has not paid in full, or commenced paying according to a mutually agreed upon plan to bring Customers current, Customer shall be regarded as in default, and SiteBox shall retain the right to repossess the unit(s) and seek all legal remedies available to it by law. The unit will be locked as a result of Customer’s failure to pay rent to SiteBox for the continued use of the unit(s). Any attempt to cut the lock or remove the contents of this unit(s) will violate the terms of this agreement. To resolve the issue, Customer must contact SiteBox Accounts Receivable department at (855) 733-4827 for additional information. Customer will be obligated to pay reasonable costs of collection including but not limited to, court costs, attorney fees and collection agency fees, except that such costs of the collection: (1) May not include costs that were incurred by a salaried employee of the creditor or its assignee; (2) may not include the recovery of both attorney fees and collection agency fees; and (3) shall not be in excess of 15% of the unpaid debt after default. In the event of default and during reasonable business hours SiteBox shall retain the right to access the property where the units are located which shall include but is not limited to cutting locks off to enter without any liability whatsoever. Reasonable efforts will be made to make any contents stored in repossessed units available to Customer if Customer pays account in full. SiteBox shall retain the option to dispose of contents how it sees fit. Any proceeds from the sale of the contents shall offset any amount owed to SiteBox, and amounts exceeding the amount owed will be returned to Customer, less fee and expenses incurred by SiteBox in storing and disposing of such contents.
Default and Remedies
A default by Customer includes, for example, Customer’s failure to timely pay SiteBox invoices within stated Order terms, or by neglecting payment for a period of 45 days after payment is due, modifying the SiteBox unit Building, failure to notify SiteBox of any damage to the SiteBox unit within 48 hours of the damage, relocating the SiteBox unit or removing the SiteBox unit from the specified location, failure to maintain the SiteBox unit, breach of any provision of the Purchase Order, Terms and Conditions, or the Proposal, or Customer enters bankruptcy or receivership. Upon default by Customer, the obligations of SiteBox will terminate completely and automatically. All amounts due SiteBox under the Proposal will be immediately due and payable. In addition, Customer will be responsible for all costs and expenses incurred by SiteBox as a result of exercising its rights, including reasonable attorney fees, court costs, and collection costs.
Customer has inspected the unit(s) and the units are found to be satisfactory for its intended use and purpose. Customer warrants the unit(s) shall be used for legal purposes and be in compliance with all local, State and Federal laws.
Representations/Warranties/Ownership of SiteBox
SiteBox represents and warrants herein as follows: SiteBox is owner of the unit(s) subject of this Lease Agreement herein and has the right to lease the unit(s) to Customer.
SiteBox agrees to deliver unit(s) in usable condition and the same condition as per inspection of Customer. Customer agrees to provide a level, stable pad.
Sub-Leasing of Units
Should Customer elect to sub-lease any unit(s), Customer expressly agrees that these SiteBox Storage Terms and Conditions will govern any sub-lease. Furthermore, Customer expressly agrees that all liability and risk of loss for sub-leased unit(s) remains with Customer at all times during a sub-lease.
After placement of an acceptable Order, the Customer may cancel the order only upon written notice to SiteBox, which notice will be effective only upon actual receipt by SiteBox. In the event of cancellation, Customer will be required to pay SiteBox a cancellation charge equal to fifty percent (50%) of the remaining lease term stated in the Sitebox Quote, plus all costs associated with modifications, staging, and transportation arranged for the delivery of the SiteBox Unit(s) to Customer, and the cost to close out all purchase orders issued to subcontractors and vendors of SiteBox for materials, services, and transportation related to the Unit(s).
Responsibility of Cargo
At all times during the term of lease, cargo stored in unit(s) shall be the sole responsibility of Customer. This includes, but is not limited to, damage caused to contents by water, power outages, and environmental damage caused by the contents to any premises. SiteBox shall not be responsible for damage to contents of unit(s) caused by leaks in structure of unit(s). Furthermore, if Customer requests SiteBox to move or transport the unit(s) anywhere and from time to time, it is the expressed and unequivocal intention and agreement of Customer that the Customer shall hold harmless SiteBox from any liability, damages, and/or loss to contents resulting from Customer’s negligentacts.
Care & Maintenance of Unit
Customer shall at its own cost and expense take good and proper care of the unit(s) including but not limited to routine maintenance in order to keep the unit(s) in the same condition as when received. Prior to termination of this agreement, Customer shall dispose of contents remaining in the unit(s) to empty and clean the unit(s). Customer shall be responsible for any and all charges incurred by SiteBox to dispose of contents remaining in unit(s) or the cleaning of unit(s) should Customer fail to do so plus an additional handling fee of $500. The Customer shall be responsible for any and all damage, including floors, walls and/or ceiling sustained to the unit(s) while said unit(s) are in its possession and shall pay to SiteBox the value of the unit(s) or any part thereof that may be damaged, modified, stolen, or destroyed while in the care, custody and control of the Customer. Customer is prohibited from undertaking any modification to a SiteBox unit, including the removal or covering of SiteBox signage and/or markings.
Care & Maintenance of Trailer
In the event a trailer is rented and is in need of service, repair or maintenance, Customer shall immediately contact SiteBox Storage Service Department at (844)744-3578 or (316)247-5860 and arrange such service, repair, or maintenance. This would include but is not limited to doors, flat or blown tires, hydraulic hoses, DOT Inspections, service or damage to sidewall, undercarriage including axles.
The Customer agrees to be present at time of delivery. Should Customer or Customer representative not be present for any delivery or relocation then SiteBox shall set the unit(s) down at the most convenient location at its discretion. Customer agrees and understands that only SiteBox shall authorize the relocation of the unit(s) under this Lease. With 48 hours’ notice from Customer, SiteBox and Customer shall make mutual arrangements to relocate any unit(s) either within the current location or to a new address. ALL UNITS MUST BE RELOLOCATED BY SITEBOX, NO EXCEPTIONS. Customer agrees to sign any and all paperwork needed by SiteBox for the relocation. Unit(s) should be empty and prepared for relocation. SiteBox will not be liable for any damages to cargo left in unit(s) while being relocated. This Lease Agreement shall be fluid and move with the relocation of the unit(s) and will be assigned a new Transaction number by SiteBox if applicable. Customer shall give instructions for placement of unit(s). Should the unit(s) need to..be relocated for any reason, Customer agrees to pay an additional fee to be determined. In the event Customer makes an unauthorized relocation of any unit(s) to a new address and unit(s) are damaged, Customer shall be charged for the full amount of repair to the damaged unit(s) along with the monthly rental fee owed or in the case of unit being lost or stolen Customer shall pay immediately to SiteBox the new market value of the Unit(s) in addition to any other remedies allowed to SiteBox by law. One (1) hour of detention time is included in SiteBox transportation quote. Any time spent on site after that time period will be billed at $75/half hour/truck. All delivery and completion dates, as specified in the Proposal are of critical importance; however, time will not be construed to be “of the essence”.
SiteBox makes no warranty of any kind, express or implied, including, but not limited to, the merchantability or fitness for any particular purpose of any unit(s) covered by this lease. Sitebox shall not be liable for loss of Customer’s profits or business, loss or damage to cargo, driver’s time, attorney’s fees, or any indirect, special, or consequential damages. Customer agrees to indemnify and hold harmless Sitebox for any injury and/or loss resulting from its own negligence in which any damage to Customer employees, property, or any third party, is incurred during the duration of this Lease Agreement or from the time of delivery through pick up of the unit(s), whichever is longer.
Mutual Agreement of Customer and SiteBox
It is mutually agreed by and between the Customer and the Sitebox that none of the terms or conditions herein shall in any manner be altered, waived or abandoned, except by written agreement of Sitebox and Customer, and no delay by Sitebox in enforcing any of its rights hereunder shall be deemed as a waiver of such rights, nor shall a waiver by Sitebox of Customer defaults be deemed a waiver of any other subsequent fault. No agreement, verbal or otherwise, made by any representative of Sitebox be binding upon Sitebox or the Customer, unless the same be reduced to writing and approved by an authorized representative of Sitebox. Should the Customer cease to exist, become bankrupt, or make assignment for the benefit of creditors, its legal representatives in such case shall succeed in all rights and duties of the Customer under this Lease, but nothing herein shall confer any beneficial interest in the property subject of this Lease. SiteBox shall pick up unit(s) upon receiving notice of the above.
It is understood and agreed this Lease shall not be assigned without the expressed written consent of the SiteBox, which can be withheld. Customer must provide SiteBox with advance written notice of its desire to assign the Lease. If SiteBox approves and Assignee qualifies in the sole discretion of the SiteBox, SiteBox shall commence a new transaction with Assignee. Customer shall remain responsible for all unit(s) until Assignee has consummated a new transaction with SiteBox and Customer shall be responsible for all rents up to the day the new transaction with Assignee commences. Any assignment shall be solely at the discretion of SiteBox.
All of the terms of this Agreement shall be binding upon and insure to the benefit of and be enforceable by the legal representatives of the parties and the heirs, successors and assigns of SiteBox and the heirs, successors and assigns of Customer.
If for any reason any provision hereof shall be determined to be invalid or unenforceable, the validity and the effect of the other provisions thereof shall not be affected thereby.
This Agreement shall be construed and interpreted in accordance with the laws of the State of Kansas. Venue for any litigation shall lie exclusively in Sedgwick County, Kansas.
This Agreement may be executed simultaneously in more than one (1) counterpart, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A copy of this agreement has been given to the Customer at the time of signing hereof.
This instrument contains the entire transaction between the parties hereto to the transaction contemplated, unless modified by mutual consent of both parties by and “Exhibit A” if applicable. No oral representations have been made between the parties.
SPECIAL TERMS FOR REFRIGERATED UNITS
USE AND OPERATION
Prior to delivery, the unit temperature range will be set by SiteBox per the customer requirements. Any future change in temperature requirements must be performed by SiteBox Service. Customer warrants that: (a) The equipment shall not be operated by any person other than agents and employees of customer, each warranted to be a careful, dependable operator not operating under the influence of drugs or alcohol; (b) Customer shall use equipment for storage purposes only and shall use the equipment for the purpose for which it is designed, in a careful and proper manner; (c) Customer is responsible for monitoring the equipment on a daily basis to ensure that it is operating in the manner that it was intended and will notify SiteBox without delay of any mechanical problems. Failure to adhere to a, b, or c, will be regarded as negligence on the part of the Customer.
MAINTENANCE & REPAIRS
(a) At the end of the first 120 days of this rental agreement SiteBox will inspect and perform maintenance on the refrigeration unit in accordance and compliance with the refrigeration manufacturer’s recommendations to ensure that it operates properly; (b) In the event that the refrigeration unit malfunctions, SiteBox shall repair the unit at its expense, in a prompt and timely manner, with all due consideration to the parts needed to make the necessary repairs and the availability of an authorized refrigeration mechanic; (c) In the event that a repair is needed because of the Customer’s failure to operate the equipment properly, then the Customer will be responsible for the repair cost. In all cases, SiteBox will not be liable for any damage to cargo.
Customer shall keep the equipment insured against all risks or loss or damage from every cause whatsoever for not less than the full replacement value thereof as determined by SiteBox; and shall carry public liability and property damage insurance covering the equipment. The proceeds of such insurance, at the option of SiteBox, shall be applied (a) towards the replacement, restoration, or repair of the equipment, or (b) towards payment of the obligations of Customer hereunder.
Terms of Purchase
Purchase Shipping, Transportaion & Payment
A customer may elect to use SiteBox Storage as its transportation provider for any purchased units. Cost of transportation will be quoted by the SiteBox Storage sales person. Customers, or their representatives, may enter SiteBox Storage’s premises for purposes of picking up purchased units during normal business hours or by appointment. SiteBox Storage may assist with loading of purchased units on customer’s (or their representative’s) truck or trailer. However, SiteBox Storage is not responsible for determining or warranting the fitness of any particular mode of transportation for its units. SiteBox Storage will not be responsible for any damage or legal infraction caused as a result of using inadequate equipment or misuse of adequate transportation equipment, inadequately secured loads, etc. Whether the customer picks up purchased units or elects to have SiteBox Storage deliver them, the customer is solely responsible for any necessary site preparation for where the purchased units will be placed and/or used. This includes any necessary access route to and from the site where the unit will be placed. SiteBox Storage is not responsible for any safety or fitness factors not listed here, but some factors the customer may want to consider include: (a) level surface for placement or use of unit, and (b) Adequate road, driveway, or other surface for heavy vehicle access to site, and (c) the Presence of overhead wires. All units sold by SiteBox Storage are sold on an “as is” basis. No warranty applies to these purchases. The customer may use photos of listed units to judge their suitability prior to purchase, or the customer may enter SiteBox Storage’s premises to inspect prior to purchase. Once a unit is purchased, the sale is final. SiteBox Storage will attempt to accurately represent the listed units through photos on this website. However, lack of website photos or any issues that were not discernible through website photos will not be a reason for rejection of purchased units by the customer. Each customer has the ability to physically inspect unit(s) before purchase, and is encouraged to do so. Purchased units (and transportation services, if applicable) must be paid in full prior to any unit leaving SiteBox Storage’s premises. SiteBox Storage will accept payment by mail (check or money order), or through this website, via credit card or bank account EFT. For payments by mail, SiteBox Storage must have received check or money order prior to any purchased units leaving its premises.
Make checks payable to SiteBox Storage. Write item number on your check or money order.
SiteBox Storage Dept # 30730
PO Box 790126
St. Louis, MO 63179-0126