BJ Storage drivers will do their best to place the unit ordered by the customer in the location chosen by the customer. However, it is the Customer that chooses the location and therefore:
- The Customer specifically releases BJ Storage from any claim arising out of damage to any property that occurs during the unloading or pickup of the Unit including, but not limited to, any damages to street, curb, yard, drive, sidewalk, or other structure or property.
- The Customer remains solely liable for any and all city, state, or local ordinances, including zoning, and all restrictive covenants and other ordinances, and agrees to indemnify and hold BJ Storage harmless for any fines, assessments, damages, or expense related to any violation of city, state or local statutes or ordinances which may affect the delivery, storage or any use of any unit.
- Should the site not be suitable to support the weight of the truck and load, and the truck becomes stuck as a result, it is the responsibility of the customer to hire a wrecker to recover the delivery equipment to solid ground. Furthermore, customer is responsible for any and all damages to the delivery equipment resulting from the recovery.
- Customer agrees to compensate BJ Storage at a rate of $100/hr for any time more than one hour spent on site delivering or picking up the unit.
BJ Storage Master Lease Agreement Terms & Conditions
- Lease – Customer (“you”) hereby lease from BJ Storage (“Owner”) all units and equipment identified above and any future substituted or added units (collectively, “Units”). This Master Lease will govern all future rentals unless agreed in writing otherwise.
- Term - The term of a Unit lease (“Lease”) commences upon the date of delivery of a Unit and continues on a monthly basis until terminated as provided herein. Customer may terminate the Lease upon 10 days notice to the Owner.
- Charges - You agree to pay Owner the lease charges, sales tax, delivery, pickup, return, fuel charges, delinquency charges, statement charges, and other charges set forth in documents delivered or communicated to you (collectively, “Charges”). Unless agreed to otherwise by Owner, all Charges are due monthly in advance without demand. Lease payments are due on the 1st of the month, a penalty of $1.00 per day (or the maximum amount allowable by law) will be collected for each day’s lease in arrears. No monthly statements are sent, the contract is your notice of monthly payments due. A $6 statement charge may apply if a statement needs to be mailed. You agree to compensate the Owner at a rate of $100/hour for any time more than one hour spent on site delivering or picking up the unit. Charges and terms of this Lease are subject to change upon notice to you and shall be effective upon the earlier of payment by You of Your next invoice or the next Charges due date. You shall owe all Charges for each Month regardless of the number of days Units were on-rent and there will be no return of Charges in the event a Unit is returned prior to the end of a Month. If any check is returned for insufficient funds, a delinquency charge of $25 will be applied. You will be considered in default for nonpayment, if a check is returned. The provisions of this agreement relative to default shall apply. If you have provided Owner with credit card information, you authorize the Owner to charge your credit card for all Charges. You shall pay in advance the deposit indicated to secure your performance of a Lease. The deposit will be returned if you request in writing/phone/e-mail within 30 days of Unit’s return in undamaged condition or revert to Owner for its own account if not so requested. Owner may apply the deposit for damage and any other Charges and you will replace such deposit amounts if Units are still on rent. Any payments made by You to Owner above Charges owed each Period shall revert to Owner for its own account if not claimed by Customer in writing within 30 days of such payment.
- Rent to Own – Lease payments are due on the 1st of the month, if a payment is 30 days late (or greater) or other event of default occurs, You will forfeit all payments applied towards the purchase of the Unit. If You want to enter into a rent to own agreement, it will be determined at the time of the delivery of the unit.
- Purchasing a Leased Unit – Lease payments made prior to the date of purchase will not be applied to the purchase price of the unit.
- Delivery, Use and Return of Equipment – You may either pickup/return Units (upon meeting Owner’s insurance/indemnification requirements) or pay for Owner delivery/return. You may store Units at your delivery location or pay Owner to store Units at Owner’s facility and agree Units may be stored by Owner at an alternative location in Owner’s sole discretion. By using Units you or your agent accept the Units as free of defects, in good repair and working condition. You agree to return the Unit in the same condition as received, normal wear and tear is expected. You agree to inspect Units prior to use and to notify Owner in writing of any defect. Owner reserves the right to place upon the Unit the name and logo of Owner and You agree not to remove said name and logo. You shall not apply to the Unit any markings or signs of any description whatsoever, unless previously agreed to in writing by Owner. You shall not repair, repaint, remark or modify the Unit without prior approval of Owner. Regardless of being in transit, at your location or Owner’s facility, you shall be solely responsible for all loss, theft and damages (except ordinary wear and tear) to Units, Unit contents (“Contents”) and your premises or other property, for any cause whatsoever, including (without limitation) damages caused by theft, vandalism, forces of nature, leaking of any Unit, condensation, humidity, or damages relating to the delivery or removal of a Unit. You shall not allow habitation in Units or store dangerous, illegal, unsanitary, explosive, staining, malodorous, corrosive or hazardous materials in any Unit. You agree not to store collectibles, currency, software, heirlooms, jewelry, works of art or anything having sentimental value to you and waive any claim for emotional or sentimental attachment to the Contents. If a Unit is delivered and placed by Owner, you must contact Owner to relocate any Unit and obtain Owner’s written consent or pay Owner’s then-current relocation rates. You shall pay Owner all Charges to clean, paint, repair, remove locks, make immediately ready for re-lease any Unit and to remove, store, retain or dispose of Contents. You shall keep Units freely accessible at all times to inspection and removal by Owner. If a Unit is destroyed, damaged beyond repair, lost, stolen, not returned to or not repossessed by Owner, you shall pay Owner 100% of the replacement value of such Unit, plus applicable taxes. You assume full responsibility for identifying and complying with local ordinances and for any fines and/or penalties, monetary or other, resulting from your use or placement of Units in violation of such ordinances, rules and/or regulations. You must call Owner to schedule Unit return or removal. Owner will attempt to schedule delivery/removal of the Unit as requested by you but rental Charges will continue until delivery/removal of the Unit is completed. You are responsible to remove all locks and clean and empty the Unit prior to removal by or return to Owner. Owner may remove all locks, empty Unit and any Contents left in Units may become Owner’s property without payment. You shall pay additional removal charges (including for failed attempts) if a Unit isn’t ready for Owner’s removal or for changes in site condition. Owner’s driver or agent may refuse a delivery/removal and Owner can charge Customer if such cannot be accomplished due to safety or potential damage. You authorize Owner to attempt to place Units pursuant to your instructions on a driveway or other paved surface accessible from a street, over your lawn or other non-paved area and you represent that any placement area will have adequate size, clearance and structural integrity to sustain the weight and size of the Unit(s), delivery truck and any other related equipment. Should the site not be suitable to support the weight of the truck and load, and the truck becomes stuck as a result, it is the responsibility of the customer to hire a wrecker to recover the delivery equipment to solid ground. Furthermore, You are responsible for any and all damages to the delivery equipment resulting from the recovery. You agree to compensate the Owner at a rate of $100/hr for any time more than one hour spent on site delivering or picking up the unit.
- Warranty Disclaimer - You shall maintain the Unit in good condition. You are responsible to weekly inspect the Unit’s interior and exterior to assure it is in good working condition. You shall keep each Unit free from all liens and grant BJ Storage a contractual lien and security interest (as of the date any Charges are unpaid and due) on all Contents and proceeds thereof to secure payment of Charges. BJ Storage MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DESIGN, CONDITION, SAFETY OR SECURITY OF UNITS OR BJ STORAGE FACILITIES OR COMPLIANCE WITH LAW AND YOU AGREE YOU HAVE SOLELY DETERMINED THAT THE UNITS ARE SUITABLE FOR YOUR INTENDED USE. You lease the Units “as is.” Owner shall not be liable for any damages, loss of profits, loss of or damage to property stored in or around the Units, loss of income, personal injury, death or other damages, direct or indirect, consequential or otherwise of you or your agents or invitees for any reason. You specifically release Owner from any claim arising out of damage to any property that occurs during the unloading or pickup of the unit, including, but not limited to, any damages to street, curb, yard, drive, sidewalk or other structure or property. You shall indemnify, hold harmless, defend and reimburse Owner and its directors, officers, employees, and agents (“BJ Storage Related Parties”) from and against all losses, damages, death, claims, injuries, costs and attorney’s fees arising directly or indirectly from (i) the use, delivery, removal or condition of Units, (ii) the loss of, damage to or destruction of Units and/or Contents (iii) any fine, liens, tax, penalty, towing, impound or other charges arising from your use of the Units or (iv) your breach of this Lease. Units shall not be attached or affixed to real property.
- Insurance - You will maintain, at your own expense, adequate property insurance covering the Unit in an insured amount equivalent to 100% of the Replacement Value of all Units leased hereunder, as stipulated on the face of this Agreement, and third party liability insurance in an amount and on terms which are satisfactory to Owner. Such insurance shall be issued to You and shall name BJ Storage as additional insured and direct loss payee. At the request of Owner, insurance certificate to this effect shall be furnished to BJ Storage. Said insurance shall be maintained by You until all Units leased hereunder is returned to the Owner. YOU ACKNOWLEDGE AND UNDERSTAND THAT INSURANCE FOR CONTENTS IS YOUR RESPONSIBILITY – BJ STORAGE DOES NOT PROVIDE ANY INSURANCE. Owner does not allow and will not insure or guarantee against loss of your property stored in the Unit and Owner has no liability whatsoever as to claims for loss or damage to such property. YOU HEREBY WAIVE ANY CLAIMS WHATSOEVER AGAINST BJ STORAGE FOR LOSS OF AND DAMAGE TO ANY PROPERTY STORED IN UNITS LEASED HEREUNDER.
- Indemnity – You agree to indemnify and hold Owner harmless against any loss or damage You may sustain as a result of any damage to or loss of the Unit due to collision, fire, lightning, theft, explosion, flood, windstorm or Act of God, or any loss, property damage or bodily injury sustained by any other person arising, in whole or in part, from the use or condition of the Unit while in the possession of You, or the failure of You to maintain the Unit as provided under this Agreement. You agree to indemnify and hold Owner harmless from all claims, lien or liability arising from work performed or for materials supplied in connection with Your maintenance of the Unit and from any loss of or damage thereto and from any loss, penalty and expense, including attorney's fees and disbursement, resulting from work performed or for materials supplied in connection with Your operation or maintenance of the Unit and from any loss of or damage thereto and from any loss, penalty and expense, including attorney's fees and disbursement, resulting from, but not limited to, the storage, maintenance, use, repair, loading, or unloading of the Unit and to indemnify and hold the Owner harmless from all fines, forfeitures, seizures, penalties and liabilities that may arise from any infringement or violation of any such law or regulation by You or Your employees.
- Defaults and Remedies – Each of the following constitute an “Event of Default:” (a) you fail m any term of any Lease, (b) you have bankruptcy, reorganization or insolvency proceedings threatened or instituted, or (c) if Owner has a reasonable belief of an anticipatory default by you. Upon an Event of Default Owner may, without legal process or notice, terminate a Lease, enter any premises where a Unit is located, repossess Units, remove any locks on your property or Units, remove Contents without regard to their protection or pursue any other remedy available. You irrevocably grant Owner unrestricted access to your property and permission to enter day or night, remove locks, disconnect attached utilities and repossess Units. If a Unit is repossessed, Owner is approved in advance to remove Contents or exercise its lien and hold Contents and you shall have no claim against Owner for damaged Contents. If you do not pay all Charges due and remove all Contents from Owner’s premises, you grant Owner permission to dispose of/sell Contents in accordance with applicable state law and apply net proceeds to unpaid Charges. Customer releases and agrees to indemnify Owner and BJ Storage Related Parties from any claims for trespass, conversion or damages of any nature arising from repossession. You agree to pay, as liquidated damages, Owner’s collection/repossession/disposal fees, attorney’s fees and any other cost incurred by reason of any Event of Default or the exercise of Owner’s remedies. Repossession of a Unit shall not relieve you of your obligation to pay Charges owed hereunder. No remedy referred to is exclusive, and each shall be in addition to any remedy referred to herein or otherwise available to Owner. If Owner seeks to recover or repossess Units by means of “writ of replevin” or similar method, you waive any security or bond posting requirement prior to such process. Acceptance of partial payment shall not constitute a waiver of Owner’s right to full payment.
- General – Owner may terminate the Lease at any time without notice for any reason whatsoever. You release claim that Owner has duties of a Bailee or under “warehouseman” laws. You shall not transfer or hypothecate the Unit, assign your duties hereunder or sublease the Unit. Owner may assign, pledge or transfer this Lease without your consent. Except as provided in Section 1, a Lease may only be amended in writing executed by the parties, shall be governed by the state laws where this Lease was executed by Owner (“Jurisdiction”) and contains the entire understanding of the parties and supersedes the terms of any purchase order or similar document from you or any other agreement among the parties. Any suit regarding this Agreement shall be brought in the Jurisdiction provided that Owner may bring suit against you in any county where the Unit or Customer is located. If any part or provision is found to be invalid or unenforceable, such invalidity shall not affect the enforceability of the Lease or any other provision. This Lease may be executed in multiple counterparts including by fax or other electronic transmission, each of which shall be regarded as an original and constitute one instrument. Your indemnity obligations shall survive termination of a Lease. Any forbearance by Owner to enforce its rights under the Lease in the event of a default by You hereunder shall not constitute a waiver of Owner's rights, nor shall forbearance waive Owner's rights with respect to any other failure by You to comply strictly with the terms of the Agreement. You agree that BJ Storage’s total aggregate liability under this Lease shall not exceed $5,000. BJ Storage, you and any of your agents, or invitees waive any right to trial by jury for any cause of action brought against BJ Storage or BJ Storage Related Parties. Both parties agree to exclusively abide by the access, lien and lien sale procedures herein and waive to the fullest extent possible any legal requirements for other access, lien, notice and/or sale procedures.
BJ Storage Units Rental Agreement Terms & Conditions
- Lease – Occupant (“you”) hereby lease from BJ Storage (“Owner”) all units and equipment identified above and any future substituted or added units (collectively, “Units”). This Master Rental Agreement will govern all future rentals unless agreed in writing otherwise.
- Term - The term of a Unit Rental Agreement (“Agreement”) commences upon the date of execution and continues on a monthly basis until terminated as provided herein. Occupant may terminate the Lease upon 10 days notice to the Owner.
- Charges and Deposit - You agree to pay Owner the Rental charges, sales tax, statement charges, and other charges set forth in documents delivered or communicated to you (collectively, “Charges”). Unless agreed to otherwise by Owner, all Charges are due monthly in advance without demand. Rent payments are due on the 1st of the month, a penalty of $1.00 per day (or the maximum amount allowable by law) will be collected for each day’s rent in arrears. No monthly statements are sent, the contract is your notice of monthly payments due. A $6 statement charge may apply if a statement needs to be mailed. Charges and terms of this Agreement are subject to change upon notice to you and shall be effective upon the earlier of payment by You of your next invoice or the next Charges due date. You shall owe all Charges for each Month regardless of the number of days Units were on rent and there will be no return of Charges in the event a Unit is surrendered prior to the end of a Month. If any check is returned for insufficient funds, a delinquency charge of $25 will be applied. You will be considered in default for nonpayment, if a check is returned. The provisions of this agreement relative to default shall apply. If you have provided Owner with credit card information, you authorize the Owner to charge your credit card for all Charges. You shall pay in advance the deposit indicated to secure your performance of the Agreement. The deposit, without interest, will be returned if you request in writing/phone/e-mail within 30 days of Unit’s surrender in undamaged condition or revert to Owner for its own account if not so requested. Owner may apply the deposit for damage and any other Charges and you will replace such deposit amounts if Units are still on rent. Any payments made by You to Owner above Charges owed each Period shall revert to Owner for its own account if not claimed by Customer in writing within 30 days of such payment.
- Use and Compliance with Law – You supply your own lock to be used on the Unit. You agree that the rented unit is to be used exclusively for the storage of property; however, the storage or use of flammable, explosive or other dangerous of noxious substances is expressly prohibited. You agree not to alter Owner’s property or fixtures; no holes shall be drilled in the walls or floors, no unauthorized electrical usage is allowed, and no signs shall be placed on the premises. You agree to return the Unit in good condition (i.e. swept clean and empty) at the conclusion of the rental. You further agree to comply with all laws and ordinances, whether state, federal, or local, in connection with the use and occupancy of the rented unit. A space shall not be used for residential purposes nor is it a warehouse as defined in Chapter 554 of the Iowa code, and cannot be used actively in pursuit of any trade or business on the premises. No storage or parking of vehicles adjacent to space shall be allowed, except for a reasonable period of time required for loading or unloading. The “Iowa Self-Storage Facility Lien Act” Iowa Code Chapter 578A shall govern this rental. City zoning law prohibits garage sales as zoned. In the event of damage caused by negligence or fault of You or your agent(s), You agree to reimburse Owner promptly for the amount of loss. You also specifically agree to pay for any and all repairs, removal of any rubbish, obstacles, and/or nuisance abatement.
- Insurance –YOU ACKNOWLEDGE AND UNDERSTAND THAT INSURANCE FOR CONTENTS IS YOUR RESPONSIBILITY – BJ STORAGE DOES NOT PROVIDE ANY INSURANCE. OWNER DOES NOT ALLOW AND WILL NOT INSURE OR GUARANTEE AGAINST LOSS OF YOUR PROPERTY STORED IN THE UNIT, AND OWNER HAS NO LIABILITY WHATSOEVER AS TO CLAIMS FOR LOSS OR DAMAGE TO SUCH PROPERTY. YOU HEREBY WAIVE ANY CLAIMS WHATSOEVER AGAINST BJ STORAGE FOR LOSS OF AND DAMAGE TO ANY PROPERTY STORED IN UNITS OR BY BEING ON OR ABOUT THE FACILITY.
- Indemnity – You agree to indemnify and hold Owner harmless against any loss or damage You may sustain as a result of any damage to or loss of the Unit due to collision, fire, lightning, theft, explosion, flood, windstorm or Act of God, or any loss, property damage or bodily injury sustained by any other person arising, in whole or in part, from the use or condition of the Unit while in the possession of You, or the failure of You to maintain the Unit as provided under this Agreement. You hereby agree to indemnify and hold harmless the Owner from and against any and all claim s for damages to property or personal injury and cost including, Owner’s reasonable attorney fees arising from Your use of the premises, or from any activity, work, or things done, permitted or suffered by You in or about the facility.
- Owner’s Right to Enter, Inspect, and Repair- Upon request of the Owner, You shall provide access to the Owner to enter the rented space for the purpose of inspection, repair, alteration, improvement, or to supply necessary or agreed services. In case of emergency, the Owner may enter the rented space for any of the above stated purposes without notice to or consent from the Occupant and the Owner reserves the right to remove the contents of the rented space to another space. For the purposes of this paragraph, the term “emergency” means any sudden, unexpected occurrences or circumstance which demands immediate action, or in compliance with a court order.
- Default - Each of the following constitute an “Event of Default:” (a) you fail to perform any term of the Agreement, (b) you have bankruptcy, reorganization or insolvency proceedings threatened or instituted, or (c) if Owner has a reasonable belief of an anticipatory default by you. In the case of default, at his option, and without prejudice to any other remedies, the Owner may: (a) place Owner’s lock on the Unit after the fifth (5th) day following the due date until such time as payment of rent has been made and if not paid by the 10th day after the due date, Owner shall have the right to remove Your lock for the purpose of inspecting the Unit relative to evidence of abandonment of the unit and terminate the rental agreement; (b) seize and sell the property against which a lien has been attached under Iowa Law; (c) if You are in default because of nonpayment of rent for 90 days or more, Owner assumes the goods are of minimal commercial value, abandoned and may be disposed of in any manner chosen by Owner. If you do not pay all Charges due and remove all Contents from Owner’s premises, you grant Owner permission to dispose of/sell Contents in accordance with applicable state law and apply net proceeds to unpaid Charges. Customer releases and agrees to indemnify Owner and BJ Storage Related Parties from any claims for trespass, conversion or damages of any nature arising from repossession. You agree to pay, as liquidated damages, Owner’s collection/repossession/disposal fees, attorney’s fees and any other cost incurred by reason of any Event of Default or the exercise of Owner’s remedies. Repossession of a Unit shall not relieve you of your obligation to pay Charges owed hereunder. No remedy referred to is exclusive, and each shall be in addition to any remedy referred to herein or otherwise available to Owner. If Owner seeks to recover or repossess Units by means of “writ of replevin” or similar method, you waive any security or bond posting requirement prior to such process. Acceptance of partial payment shall not constitute a waiver of Owner’s right to full payment.
- Change of Address – You agree to notify Owner, in writing, any change in address or phone number. In the absence of any such notice, the address provided in the agreement shall be deemed the last-known address for You as provided for in the Iowa Code Chapter 578A.
- General – It may be necessary for the Owner to make rules and regulations at the rental site, the Owner will notify you by mail if rules or regulations are made. Owner may terminate the Lease at any time without notice for any reason whatsoever. You shall not transfer or hypothecate the Unit, assign your duties hereunder or sublease the Unit. Owner may assign, pledge or transfer this Lease without your consent. Except as provided in Section 1, a Lease may only be amended in writing executed by the parties, shall be governed by the state laws where this Agreement was executed by Owner (“Jurisdiction”) and contains the entire understanding of the parties and supersedes the terms of any purchase order or similar document from you or any other agreement among the parties. Any suit regarding this Agreement shall be brought in the Jurisdiction provided that Owner may bring suit against you in any county where the Unit or Customer is located. If any part or provision is found to be invalid or unenforceable, such invalidity shall not affect the enforceability of the Agreement or any other provision. This Lease may be executed in multiple counterparts including by fax or other electronic transmission, each of which shall be regarded as an original and constitute one instrument. Your indemnity obligations shall survive termination of a Lease. Any forbearance by Owner to enforce its rights under the Lease in the event of a default by You hereunder shall not constitute a waiver of Owner's rights, nor shall forbearance waive Owner's rights with respect to any other failure by You to comply strictly with the terms of the Agreement.