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Packman Mobile Storage RENTAL AGREEMENT

Packman Mobile Storage LLC
44030 Wake Forest Rd, STE 349
Raleigh, NC 27609
919-923-7542
packmanmobilestorage@gmail.com

This agreement, dated between ( hereinafter referred to as “Tenant”) and Packman Mobile Storage LLC (hereinafter referred to as “Management”).

Rental Terms: The Tenant hereby rents mobile storage units, approximately 8’ X 16’ in size, to be used for storing personal or business property at a monthly rate of $165 plus tax per unit. Rental payments are due on the anniversary of the rental date each month. A delivery fee of $100 and a pickup fee of $100 per unit, plus tax, are due at the time of booking for deliveries within 20 miles. Any additional handling will be charged at $100 per handling within 20 miles. Additional miles will be charged at $4 per mile. All charges are subject to applicable taxes. The Tenant authorizes Management to charge the provided credit card for all payments and applicable fees, as outlined in the Payment Responsibility section.

Automatic Renewal: The lease automatically renews monthly, with the first payment due at the rental start date. Subsequent payments are due on the rental anniversary date unless canceled by the customer. A 15% late fee will be applied to payments made after the fifth (5th) day of the due date. Mailed payments must be postmarked at least three days prior to the due date to avoid late fees.

Payment Responsibility: You (the Tenant) are responsible for all payments due under this Agreement, including rent, delivery, pickup, handling fees, and taxes. You must ensure that all payments are made in full and on time. This responsibility remains yours until all outstanding amounts are paid.

Payment Application: Payments are applied first to rent, then to administrative and late charges, or other outstanding amounts. A returned check incurs a $20 fee, plus late fees. A declined credit card incurs processing fees and late fees.

Condition of Unit: The tenant must return the unit clean or face a $50 cleanup fee plus any damages. The tenant assumes the risk of damage during delivery and pickup and agrees to the ‘Delivery and Pickup of Storage Units’ terms. The tenant is responsible for any property or surrounding area damage. Units must be returned in the same condition, including all straps and boards.

Access and Denial: For units stored at Management’s facility, access is available daily from 7 am to 9 pm. If the tenant has a balance of $0.01 or more, access will be automatically denied.

Credit Card Authorization: The tenant provides a valid credit card for automatic billing on the rent due date unless an alternative payment method is submitted in advance. If billing is transferred to another party, the tenant must provide the new party’s credit card information, as outlined in the Payment Responsibility section. The tenant remains responsible for payments until Management confirms receipt and acceptance of new payment details.

Tenant acknowledges that they have read the full conditions of this document and agree to be bound by them.

Company Name (Optional):

Address:

Phone:

Email:

Tenant will be storing:

I understand my credit card will automatically be charged for my rent.

Yes

Alternate / Secondary Contact Person
Contact Name:
Phone Number:
Email:

Please Remit To:
Packman Mobile Storage LLC
4030 Wake Forest Road STE 349
Raleigh, NC 27609

Scheduling: Please allow at least a 7 day notice for all deliveries, transfers and pick
ups, so that we can best accommodate your requests.

1. Rent:

a. Initial Payment and Booking: The first month’s rent is due upon booking to secure the reservation of the storage unit.
b. Billing Cycle: The billing cycle begins on the delivery date of the storage unit, which becomes the monthly anniversary for future payments.
c. Monthly Payments: Rent is due on the monthly anniversary of the delivery date, without demand or reminder from Management, as outlined in the Payment Responsibility section.
d. Automatic Billing: Management may automatically charge unpaid rent and fees to the tenant's credit card on file. The tenant must keep valid, up-to-date credit card information with Management.
e. Non-Refundable Prepaid Rent: All prepaid rent is non-refundable. All payments must be made as specified in the Payment Responsibility section, including rent, delivery, pickup, handling fees, and taxes.

The tenant is responsible for all payments, even if billing is transferred to a client. Management must confirm receipt and acceptance of new payment information before transferring responsibility. Until then, the tenant remains responsible for all payments.

2. Late Payment Procedures: To maintain clarity and ensure timely payment of rent, the following procedures will be adhered to in the event of late payments:

a. Notification of Late Payment: If rent is not received by the due date, the tenant will receive an electronic reminder the following day.
b. Late Charges: A late fee of 15% of the monthly rent will be applied to payments made more than five (5) days after the due date.
c. Second Notice: If payment is not received within five (5) days after the due date, a second notice will be sent, stressing the need for immediate payment to avoid further penalties.
d. Additional Fees: If rent remains unpaid ten (10) days after the due date, an additional $25 administrative fee will be charged, along with the late fee.
e. Further Action for Non-Payment: If payments, including late charges and fees, are not received within ten (10) days of the due date, Management may declare the tenant in default of the lease, as outlined in the Payment Responsibility section. Management may then restrict access, recover the unit, or initiate legal proceedings without further notice.

The tenant is encouraged to promptly communicate any payment issues to Management. Failure to adhere to these procedures may result in additional fees, legal action, and possible termination of the rental agreement.

3. Digital Communications and Notices: The Tenant agrees that all communications, including notifications, billing statements, and updates to this agreement, may be sent electronically to the email address provided by the Tenant. These communications will have the same legal effect as if provided in paper form. The Tenant consents to receive and make all payments electronically and authorizes Management to charge the provided credit card or other electronic payment methods for all fees. The Tenant is responsible for maintaining a valid email address and promptly notifying Management of any changes to its contact information. Failure to update this information may result in missed communications and potential penalties. Communications are considered received 24 hours after being sent unless Management is notified of delivery failure. The Tenant acknowledges the security risks associated with electronic communications and agrees to hold Management harmless from any related damages.

4. Use and compliance with law: The tenant shall not store any explosive, flammable, odorous, hazardous, or pollutant materials, or any items that could cause danger or nuisance. The premises shall not be used for unlawful purposes or in violation of any ordinance, regulation, fire, or health code. The tenant shall not commit waste, create a nuisance, alter the space, or affix signs, and must maintain the space in good condition. The tenant is responsible for ensuring compliance with these terms. Human or pet occupancy of the space is strictly prohibited. Any violation of these terms by the tenant may result in immediate termination of this Agreement.

5. Occupant’s risk of loss: No bailment is created by this Agreement. The tenant retains exclusive care, custody, and control of all personal property stored in the leased space. All property stored within or on the premises is at the tenant’s sole risk. Management, its agents, and employees are not liable for any loss or damage to personal property, regardless of the cause, including but not limited to burglary, disappearance, fire, water damage, mold, rodents, Acts of God, or the negligence of Management or its agents.

6. Insurance and Risk:
6.1 Tenant’s Insurance Obligations: The tenant is required to maintain insurance coverage on the contents stored within the storage unit(s) during the entire rental period. This insurance must cover all risks, including but not limited to theft, fire, vandalism, and natural disasters. The tenant shall provide proof of such insurance to Management upon request.

6.2 Adequate Coverage: The tenant’s insurance policy must provide coverage sufficient to fully protect the value of the contents stored within the unit(s) and any potential liabilities arising from the use of the storage unit(s). The tenant is responsible for ensuring that their coverage is adequate to cover any loss, damage, or liability that may occur.

6.3 No Insurance Provided by Management: Management does not provide insurance for the contents stored within the unit(s). The tenant acknowledges that Management is not liable for any loss or damage to the contents, regardless of the cause, and that the tenant’s only recourse in the event of loss or damage is through the tenant’s own insurance policy.

6.4 Waiver of Subrogation: The tenant agrees to obtain a waiver of subrogation from their insurer, which prevents the insurer from seeking recovery from Management for any claims paid under the tenant’s insurance policy.

7. Liability and Indemnification

Your Responsibility: You are responsible for the storage unit(s) and their contents from the time they are delivered until they are returned. You will be liable for any damage or loss caused by your negligence, willful misconduct, or breach of this Agreement.
Management’s Responsibility: We (Management) are responsible for any damages to the storage unit(s) caused by defects or our negligence during delivery, pickup, or maintenance. We are not responsible for the contents of the unit(s) unless the damage is due to our gross negligence or willful misconduct.
Insurance Requirement: You must have insurance that covers the full value of the items you store in the unit(s) and provide proof of this insurance if we ask for it. We do not provide insurance for your belongings and are not responsible for any loss or damage unless specifically covered by Section 2 above.
Indemnification:
- Your Indemnification: You agree to protect and defend us (Management) and cover any costs (including legal fees) if we face claims directly arising from your use, possession, or storage of the unit(s), unless those claims are caused by our gross negligence or intentional misconduct.
- Our Indemnification: We agree to protect and defend you and cover any costs (including legal fees) if you face claims directly arising from our negligence, gross negligence, or intentional misconduct.
Limitation of Liability:
- No Indirect Damages: Neither you nor we are responsible for any indirect, special, incidental, or consequential damages, including but not limited to lost profits, business interruptions, or loss of use, even if we knew such damages were possible.
- Cap on Liability: Our total liability for any claim related to this Agreement will not exceed the total fees you paid us in the twelve (12) months before the claim.
- No Warranties: The storage units and services are provided "as-is" and "as-available." We do not make any guarantees about the units or services beyond what is explicitly stated in this Agreement.
- Sole Remedy: If you are unhappy with the storage units or services, your only option is to stop using them and terminate the Agreement according to its terms.

8. Limitation of Liability

No Indirect or Special Damages: We (Management) are not liable for any indirect, incidental, or special damages, such as loss of profits, business, or data, arising out of or related to this Agreement, even if we have been advised of the possibility of such damages.
Cap on Liability: Our total liability to you for any claims arising out of or related to this Agreement is limited to the total amount of fees you paid us in the twelve (12) months before the claim arose.
No Warranty: The storage units and services are provided on an "as-is" basis. We make no warranties, either express or implied, regarding the units or services.
Sole Remedy: If you are dissatisfied with the storage units or services, your only remedy is to discontinue their use and terminate the Agreement in accordance with the termination provisions.
Applicability: These limitations and exclusions apply to the fullest extent permitted by law and remain in effect even after this Agreement ends.

9. Legal Fees and Expenses: The tenant shall reimburse Management for all reasonable legal fees, court costs, and related expenses incurred in enforcing this Agreement or defending against claims by the tenant, in accordance with the Payment Responsibility section. This includes costs related to eviction, collection of unpaid rent, recovery of property, or any legal action resulting from the tenant’s breach. If Management successfully defends against any claims or actions brought by the tenant, the tenant is responsible for all legal costs incurred. This obligation applies to all legal actions, arbitrations, or proceedings, regardless of the outcome, and survives the termination of this Agreement.

10. Personal Injury: Management, its agents, and employees are not liable for any personal injury, death, or property damage arising from the tenant’s use of the storage unit or premises, including damages during delivery, pickup, or use of the unit. This includes damage to landscaping, driveways, utilities, or personal property. The tenant assumes all risks associated with the storage unit and agrees to indemnify and hold Management harmless from any related claims or damages. The tenant is advised to obtain appropriate insurance coverage for these risks.

11. OWNER’S LIEN: The tenant’s stored property is subject to a self-storage owner’s lien under North Carolina Revised Statutes Section 44A-40 through 44A-46. The tenant’s property may be sold or disposed of to satisfy this lien. Only full payment of the lien amount will stop auction or disposal procedures; partial payments will not halt these actions. The tenant may be charged a $60 administrative fee each time its space is processed for public sale.

12. Condition and alteration of Premises: The tenant agrees to return the premises/unit to Management in the same condition as at the start of the lease. A $50 cleanup fee will be charged if Management must remove items left by the tenant. The tenant is liable for any damages caused to Management’s property by the tenant, their guests, or agents. The tenant shall not sublet, assign, or alter the premises/unit, including affixing shelving or other articles, without written consent from Management. Management may charge any damage or cleaning fees to the tenant’s credit card.

13. Transfers: The tenant must provide at least 7 days’ notice for all transfers and pick-ups of units to secure a requested date. Transfers or pick-ups requested with less notice will be subject to Management’s discretion and availability. The tenant is responsible for coordinating transfers and pick-ups and ensuring all conditions are met.

14. Termination: This Agreement renews month-to-month unless either party provides written notice of termination at least ten (10) days before the end of the current rental month. Rent is not pro-rated if the unit is vacated before the last day of the month. If the tenant fails to vacate the premises or remove their lock by the last day of the month, the lease automatically renews for another month. The tenant is responsible for complying with the termination process, and any non-compliance is the tenant’s responsibility.

15. Abandonment: This Agreement automatically terminates if the tenant abandons the space. Abandonment occurs if the tenant removes their lock and is not current on all obligations.

16. MANAGEMENT’S RIGHT TO ENTER: The tenant must provide Management with a valid key or combination for the lock on the unit. Management may access the unit without prior notice for inspections, emergencies, repairs, or compliance with governmental inspections. If hazardous conditions, nuisances, or violations are found, Management may remove or dispose of property and take corrective action at the tenant’s expense. If no valid key or combination is provided, Management may use reasonable force to enter the unit, also at the tenant’s expense.

17. Waiver/Enforceability: If any part of this Agreement is held invalid or unenforceable, the remaining parts shall remain in full force. No waiver by Management of any provision shall be considered a waiver of any other provision or of any subsequent breach by the tenant.

18. Succession: This Agreement is binding on the parties, their heirs, successors, personal representatives, and assigns.

19. Governing Law:

Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of , without regard to its conflict of law principles.
Venue: Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in . The parties hereby consent to the jurisdiction of such courts and waive any objections to the venue on grounds of inconvenience or any other basis.
Waiver of Jurisdictional and Venue Defenses: The parties agree not to assert any defense based on lack of jurisdiction, improper venue, or inconvenient forum in any legal action or proceeding brought in accordance with this clause.

20. Waiver of Jury Trial:

Mutual Waiver: Both you (the Tenant) and Management agree to waive the right to a jury trial in any legal proceeding arising out of or related to this Agreement, including claims, counterclaims, or disputes about the use of the storage unit(s), any injuries, or property damage.
Opt-Out Provision: You (the Tenant) may opt out of this Waiver of Jury Trial clause by providing written notice to Management within ten (10) days after signing this Agreement. If you choose to opt-out, the waiver will be canceled, and both parties will retain the right to a jury trial.
Severability: If this Waiver of Jury Trial is found to be unenforceable or invalid in a specific jurisdiction, the rest of this Agreement will still be in effect. The invalidity of this clause does not affect the validity of the Agreement as a whole.

21. Limited Warranty: Management, its agents, and employees are not authorized to make warranties about the space, premises, or facility. Oral statements by Management’s agents or employees do not constitute warranties and should not be relied upon. This Agreement embodies the entire understanding between the parties, with no warranties beyond those expressly stated. Implied warranties of merchantability and fitness for a particular purpose, and all other warranties, are excluded. The tenant accepts the leased space, premises, and facility "as is" and with all faults.

22. Rules and Regulations: The tenant agrees to abide by all Rules and Regulations posted by Management, which are incorporated into this Agreement.

23. Notice of Change of Address: The tenant warrants that the contact information provided to Management is accurate. The tenant must promptly notify Management in writing of any changes to address, phone number, employer information, alternate contact information, or credit card details. Such notices must be delivered personally or sent by certified mail to the address on the rental agreement.

24. Changes: Management may change the terms of this Agreement, including the rental rate and conditions of occupancy, with thirty (30) days' written notice. Continued occupancy after the effective date constitutes acceptance of the changes.

25. Subletting and Reassignment: The tenant shall not sublet, assign, or transfer any part of the storage unit or this Agreement without prior written consent from Management. The tenant remains fully liable for all rent, charges, and damages during any sublease or assignment. Requests for consent must be in writing and include the sublessee’s or assignee’s details and proposed terms. Management may approve or deny these requests at its discretion. Approval does not release the tenant from any obligations under this Agreement.

26. Lock: The tenant shall immediately lock the unit upon executing the Agreement, using only one lock. The tenant must provide Management with a key or combination. If the tenant fails to maintain a lock or the lock is damaged, Management may, but is not obligated to, place a lock on the unit. Management is not liable for any loss or damage related to the lock, and the tenant shall indemnify and hold Management harmless for any associated costs, including the cost of the lock.

27. Access: Management may condition the tenant’s access to the premises as deemed necessary, including limiting hours, requiring identity verification, or signing in and out. Access is limited to authorized users listed in writing by the tenant, unless the user has a valid access code and key, which will be considered proof of authorization.

28. Mobile Storage: All lease conditions apply to mobile storage units, whether stored on Management’s property or a location chosen by the tenant. If the tenant defaults and the unit is not on Management’s property, Management may take possession of the unit at the tenant’s expense and enforce all lease provisions. The tenant agrees not to hold Management or its agents liable for any damages during transport, loading, or unloading.

29. Weight Capacity: The maximum weight capacity for the units is 4,000 pounds. The tenant is responsible for any damage to the unit or issues with transferring the unit due to overloading. Any overload-related damages will be charged to the tenant.

30. Straps, Wheel Chocks, and Boards:
All supplied straps, wheel chocks, and boards must be left inside the unit upon return. The tenant will be charged $5.00 per board, $10.00 per chock, and $20.00 per strap if not returned.

31. Acknowledgment of Rules and Policies: The tenant acknowledges and agrees to comply with all of Management's current rules and regulations posted at www.packmanmobilestorage.com, including any amendments or updates. These rules and regulations are an integral part of this Agreement. Non-compliance may result in penalties, fines, restricted access, or termination of the rental agreement. The tenant must acknowledge receipt of any updates to ensure compliance.

32. Prohibited Uses: The tenant shall not use the storage unit for unlawful purposes, including storing stolen goods, drugs, or illegal weapons. Prohibited items include explosive, flammable, odorous, hazardous, perishable goods, live animals, plants, high-value items (unless insured), or environmentally harmful materials. The unit shall not be used as a residence. Modifications or alterations to the unit are strictly prohibited. Violations may result in immediate termination of the rental agreement, additional fees, or legal action.

33. Limitation of Actions: No action related to this Agreement, including disputes over breach of contract, property damage, or personal injury claims, may be brought more than one year after the cause of action accrues, except for nonpayment actions, which may be brought within two years of the last payment. This limitation applies to all arbitration proceedings. This clause does not limit the right to seek interim injunctive relief or other urgent legal remedies from a court of competent jurisdiction.

34. Severability: If any provision of this Agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the parties agree that the court should attempt to modify the provision to reflect the parties' original intent as closely as possible. If modification is not possible, the invalid provision shall be replaced with a valid one that closely approximates its intent and effect. The rest of the Agreement will remain in full force. If an essential provision is found invalid, the Agreement may be reevaluated by the parties.

35. Condition of Mobile Storage Unit: The unit is provided in good, clean, ready-to-use condition. The tenant must inspect the unit upon delivery and report any damages within 24 hours, or it will be assumed the unit was delivered in acceptable condition. The tenant must maintain the unit responsibly, keeping it dry, securely locked, and not overloaded. Any damage discovered during the rental period must be reported immediately. Before returning the unit, the tenant is responsible for cleaning it to an ordinary standard of cleanliness. The unit must be returned in the same condition as received, except for normal wear and tear. Any unreported damage may result in repair or replacement charges to the tenant.

36. Delivery and Pickup of Storage Units:
a. Site Preparation and Delivery Conditions:
The tenant is responsible for ensuring the delivery and pickup location is a flat, hard-surfaced area (e.g., asphalt or concrete), free of grass, gravel, or other unstable surfaces, and easily accessible for a large delivery truck. The area must be cleared of obstacles and overhead hazards such as low-hanging tree limbs or cables. Management reserves the right to refuse delivery if the site is not properly prepared, and the tenant will remain liable for any delivery and pickup fees. Failure to provide a suitable location may result in additional charges for redelivery or service complications. The tenant must ensure compliance with these conditions.

b. Liability and Indemnification:
Management is not liable for any personal injury, death, or property damage arising from the use of the storage unit or premises, including damage during delivery, pickup, or use. This includes damage to landscaping, driveways, utilities, and personal property. The tenant assumes all risks and agrees to indemnify Management against any related claims or expenses. The tenant is encouraged to obtain insurance, as Management’s insurance does not cover the tenant’s property, and the tenant waives any subrogation rights against Management’s policies.

c. Property Owner Authorization:
The tenant must obtain all necessary approvals from property owners or governing authorities for placing the storage unit on the designated property and provide proof to Management upon request. The tenant is solely responsible for any violations or legal actions resulting from unauthorized placement and agrees to indemnify Management for any related fines or liabilities.

d. Access Authorization:
The tenant grants Management the right to enter the property for delivery and pickup of the storage unit and will provide any necessary gate codes or keys.

e. Pickup Authorization for Nonpayment:
In case of nonpayment, Management may retrieve the storage unit from the property without prior notice, following applicable laws. Management will attempt to resolve payment issues before retrieval, where feasible.

f. Tenant’s Responsibilities:
The tenant must ensure the delivery and pickup locations are prepared and accessible. The storage unit must be empty and clean before the scheduled pickup date. Failure to do so may result in additional charges, including storage fees and handling charges. The tenant must ensure compliance with these responsibilities.

37. Force Majeure: Neither party is liable for failing to perform obligations under this Agreement due to causes beyond reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, riots, government actions, or transportation disruptions. Management is not responsible for delays or inability to deliver or retrieve storage units due to such events. If a Force Majeure event occurs while the storage unit is in the Tenants possession and prevents its use, the Tenant may request a temporary suspension of rental fees, which Management will consider in good faith. Management will notify the Tenant within 10 days of a Force Majeure event, detailing the cause, expected duration, and impact on performance. If the event prevents performance for more than 60 days, either party may terminate the Agreement with 10 days' written notice. In such cases, neither party is liable for further service delivery, damages, or losses. Both parties must take reasonable steps to mitigate any potential damage or disruption due to Force Majeure. Such steps may include, but are not limited to, seeking alternative arrangements for storage or delivery, providing timely communication to the other party, or rescheduling services.

38. Emergency Access: Management may access any rented storage unit without prior notice in emergencies, such as fire, flooding, environmental dangers, suspected illegal activities, urgent maintenance, or any situation requiring immediate action to prevent damage. Management will notify the tenant of the access and provide a report on the findings and actions taken as soon as practicable. Management will document the reason for access and results, providing this record to the tenant within a reasonable timeframe.

Management will act in good faith and with reasonable discretion in determining what constitutes an emergency. Management shall not be liable for any damage caused during emergency access, provided that such access is conducted in a reasonable and necessary manner and in compliance with applicable laws.

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Signed by Simon Svenman
Signed On: October 4, 2024

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June 30, 2024 1:31 pm EDT

Packman Lease and Delivery Form Uploaded by Simon Svenman - packmanmobilestorage@gmail.com IP 96.10.30.85

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