This Non-Negotiable Storage and Moving Services Agreement (hereafter “Agreement”) is entered into between Box-n-Go, LLC (hereafter “Box-n-Go”) and the Customer (hereafter “Customer” or “Occupant”), as identified below, constitutes an Agreement for delivery, storage and moving services, shipping order and freight bill.
WAIVER OF 72 HOUR NOTICE REQUIREMENT. By executing this agreement, Occupant acknowledges that they are aware of their right to receive this Rental Agreement and all related documents, containing terms and conditions, at least 72 hours prior to receipt of the storage containers. By receipt and execution of this Agreement they expressly waive this right.
INCORPORATION OF TERMS AND CONDITIONS. By executing this Agreement, Occupant acknowledges and agrees that the Agreement Terms and Conditions (“Terms and Conditions”), as may be modified from time to time in accordance with this Agreement, are incorporated herein by reference and form an integral part of this Agreement. Occupant acknowledges having reviewed and understood the Terms and Conditions and agrees to be bound by all provisions thereof. Without limitation, Occupant further acknowledges and agrees that the Terms and Conditions govern all delivery, redelivery, relocation, placement, transportation, retrieval, access, and related services provided by Company during the term of this Agreement, whether such services occur at Company Facility or at any address designated by Occupant or Authorized Agent from time to time. In the event of any conflict between this Agreement and the Terms and Conditions, the Terms and Conditions shall control except where expressly stated otherwise herein.
CALIFORNIA RENTAL RATE DISCLOSURE. The rental rate for each Unit identified in this Agreement is set forth in the Transaction Summary below. The base month-to-month rental rate for each Unit is guaranteed not to increase during the first twelve (12) months following that Unit’s Move-In Date. After the first twelve (12) months, the month-to-month rental rate will automatically increase by two percent (2%) every twelve (12) months, measured from the Move-In Date for that Unit. Term or promotional rates will not increase during the agreed term; however, upon expiration of the term, rental charges for that Unit will revert to the then-current month-to-month rate in effect for that Unit, including any automatic adjustments that have occurred. Company reserves the right, in its discretion, not to implement any automatic adjustment. Recurring charges for each Unit continue until Occupant vacates that Unit and Company verifies vacancy in accordance with this Agreement.
LIEN RIGHTS; REPOSSESSION; REMEDIES.
SELF-STORAGE LIEN (GOODS). Pursuant to the California Self-Storage Facility Act (California Business and Professions Code § 21700 et seq., as amended from time to time), Company has a lien upon all Goods stored in any Unit for rent, labor, late charges, administrative fees, transportation charges, and any other amounts due under this Agreement. In the event Occupant fails to pay any amount due or otherwise defaults under this Agreement, Company may deny access to the Goods and may enforce its lien strictly in accordance with applicable statutory notice and sale procedures. Company’s lien rights are cumulative and in addition to all other contractual and statutory remedies.
ON-SITE STORAGE; MECHANIC’S LIEN RIGHTS. If any Unit is placed on real property at an address designated by Occupant, Company may furnish labor, services, equipment, or materials in connection with placement, retrieval, relocation, access, or related on-site services. To the extent permitted by applicable law, nonpayment of amounts due under this Agreement may result in the assertion of mechanic’s lien rights against such real property pursuant to applicable provisions of the California Civil Code governing mechanic’s liens, as amended from time to time. Any such lien shall be asserted and enforced strictly in accordance with applicable law, and Company’s preliminary notice has been provided above as required.
COMPANY OWNERSHIP OF UNIT; RIGHT OF RETRIEVAL. All Units and related equipment remain the sole property of Company at all times. Upon delinquency or other default under this Agreement, Company may, as permitted by law and this Agreement, enter the delivery location and retrieve or repossess the Unit(s), whether empty or containing Goods. Retrieval or repossession of a Unit shall not constitute a waiver of Company’s lien rights against the Goods and shall not limit Company’s right to pursue foreclosure, collection, detention charges, damages, or any other remedy available under this Agreement or applicable law. Occupant shall be responsible for all transportation, removal, storage, administrative, and related charges incurred in connection with such retrieval or enforcement.
LIMITATION ON VALUE OF GOODS STORED. Occupant agrees not to store Goods with the total value in excess of $2,000 per container, or $20,000 per all containers, without the prior written express consent of Box-n-Go. Any consent may be withheld in Box-n-Go’s sole discretion. If such written consent is not obtained, the then total value of Occupant’s property shall be deemed not to exceed the limits listed above, notwithstanding any claim or proof to the contrary.
RISK OF LOSS; NO CUSTODY OF GOODS. Units delivered for on-site storage are delivered empty and remain in the sole possession, custody, and control of Occupant while located on or near Occupant’s premises. Company does not take custody of, exercise control over, or assume responsibility for Occupant’s Goods stored within the Unit while the Unit remains on or near Occupant’s property. No bailment is created.
Occupant assumes all risk of loss, theft, vandalism, weather-related damage, condensation, moisture, temperature fluctuation, improper packing, or other damage to Goods occurring while the Unit is located on or near Occupant’s premises.
Company shall not be liable for damage to Goods unless such damage is directly caused by a structural defect in the Unit resulting from Company’s gross negligence or willful misconduct. Cosmetic dents, normal wear, surface imperfections, or condensation shall not constitute structural defects.
All claims remain subject to the limitations, exclusions, and burden-of-proof requirements set forth in the Terms and Conditions. For clarity, this allocation of custody does not limit Company’s statutory or contractual lien rights.
FUTURE CHARGES AND FEES. Storage and transportation services are subject to additional charges at Company’s then-current published rates, as permitted under this Agreement. Current standard rates are posted at www.boxngo.com for general reference. Promotional or term rates apply only if elected at the outset and remain conditioned upon full compliance with this Agreement.
SCHEDULING, RESCHEDULING AND CANCELLATION. Deliveries, pick-ups, and facility access appointments are performed during published service hours. Occupant presence is not required for delivery or pick-up unless access to the designated placement location is obstructed.
To reschedule or cancel any scheduled service or access appointment, Occupant must provide notice no later than 2:00 p.m. on the business day preceding the scheduled service date. Failure to provide timely notice may result in a cancellation or rescheduling fee and any other applicable charges as provided in this Agreement.
Unless otherwise agreed in writing, containers may remain at Occupant’s location for no more than five (5) consecutive days.
Units scheduled for pick-up while full must be secured with Occupant’s padlock. Units scheduled for empty pick-up must be empty, clean, and free of debris or personal property. Non-compliance may result in additional charges as provided in this Agreement.
If a scheduled service is cancelled after the applicable notice deadline, Occupant shall remain responsible for applicable cancellation charges and any transportation or other service charges incurred prior to cancellation. Any prepaid amounts in excess of applicable charges will be refunded to the payment method on file.
CUSTOMER REQUESTED PICK-UP. Occupant must provide at least fifteen (15) days’ advance notice to schedule pick-up of an empty Unit, unless otherwise agreed in writing by Company. Pick-up scheduling is subject to service availability. Units scheduled for pick-up must be empty, broom-clean, and free of debris or personal property. Failure to comply may result in additional service, cleaning, or transportation charges at Company’s then-current published rates.
Company does not guarantee specific appointment windows unless separately agreed in writing.
COMPANY RETRIEVAL FOR DELINQUENCY OR DEFAULT. In the event of delinquency or other default under this Agreement, Company may retrieve or repossess the Unit(s) as permitted under this Agreement and applicable law. Such retrieval shall not be subject to the advance scheduling requirements applicable to customer-requested pick-ups and may occur whether or not Occupant is present, provided access to the Unit is reasonably available.
Occupant shall be responsible for all transportation, removal, storage, administrative, and related charges incurred in connection with such retrieval.
CONTAINER LOADING. Occupant agrees to load each container in a safe and secure manner, with weight evenly distributed and not exceeding the maximum weight limit per container as published at www.boxngo.com/load.
Containers exceeding the published weight limit may, in Company’s discretion, be refused for transportation and may be subject to additional overweight, service, or rescheduling charges as provided in this Agreement until the condition is corrected.
Occupant assumes full responsibility for any loss or damage resulting from improper loading, overloading, or failure to adequately secure contents.
PROHIBITED ITEMS. Occupant agrees not to store any Prohibited Goods, as defined in the Terms and Conditions, or any liquids of any kind. Occupant represents and warrants that no such items are stored in the container and shall be responsible for all damages resulting from the storage of prohibited items or liquids, regardless of who placed such items in the container.
This notice is given pursuant to California Civil Code §§ 8200 et seq., as amended from time to time, to inform the property owner and other interested parties that Box-n-Go, LLC has been contracted to furnish labor, services, equipment, and/or materials in connection with the delivery, placement, relocation, retrieval, access, and related on-site storage services of container unit(s) at the property identified in this Agreement. The services are being provided to the Occupant identified in this Agreement at the property address stated above. The estimated initial charges for such services are as set forth in the Transaction Summary of this Agreement.
Recurring monthly rental charges for each Unit are: (as listed in the order)
Recurring monthly rental charges commence following delivery and continue pursuant to this Agreement until the Unit(s) are removed or the account is otherwise closed in accordance with this Agreement.
The estimated initial charges referenced above do not include recurring rental charges, damage waiver fees, transportation charges, relocation or redelivery charges, detention charges, administrative fees, permit-related costs, enforcement expenses, or any other amounts that may accrue during the term of service. All such amounts are governed by this Agreement and may become due in addition to the estimated initial charges.
If amounts due for such labor, services, equipment, or materials are not paid in full, Box-n-Go, LLC may have mechanic’s lien rights against the real property to which such services relate, as permitted by California law, and may enforce such rights strictly in accordance with applicable statutory procedures.
Nothing contained in this Preliminary Notice limits or modifies Company’s separate lien rights against stored Goods pursuant to the California Self-Storage Facility Act (California Business and Professions Code § 21700 et seq.), as disclosed elsewhere in this Agreement.