DELIVERY: Unless otherwise indicated on our invoice, all equipment is sold “as is, where is”. Giant Container Services (GCS) shall have no liability whatsoever for loss or damage due to late delivery of the equipment subject to this invoice. Customer must specify the position of the doors when delivering the equipment. GCS allows for 30 minutes on site to drop each container. Customer will be subject to a $55 wait time every hour after the initial 30 min has expired.
DISCLAIMER OR WARRANTIES: PURCHASER IS AWARE THAT ALL EQUIPMENT IS USED EQUIPMENT AND IS SOLD “AS IS” UNLESS OTHERWISE NOTED. GCS DISCLAIMS AND PURCHASER WAIVES AND RELEASES GCS FROM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION. (a) THE DESIGN, CONDITION, AVAILABILITY, OPERATION, MERCHANTIBILITY OR FITNESS FOR USE OF THE EQUIPMENT; (b) THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR USE OR PURPOSE OF PURCHASER; (c) THE CONFORMITY OF THE EQUIPMENT TO THE SPECIFICATIONS REQUIRED BY ANY COUNTRY OF POLITICAL SUBDIVISION WITHIN WHICH THE EQUIPMENT MAY BE USED. PURCHASER ACKNOWLEDGES AND AGREES THAT GCS SHALL HAVE NO LIABILITY TO PURCHASER FOR ANY CLAIM, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY THE EQUIPMENT, OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OF DEFECT THEREIN, OR BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH ARISING IN STRICT LIABILITY OR OTHERWISE.
TAXES: Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold GCS harmless for all sales or use taxes, transfer, registration fee, domestication, personal property taxes or other taxes, tolls, levies, imposts, duties or governmental charges imposed in connection with the sale of equipment covered by this invoice, or any services rendered by GCS in connection with this invoice, including any penalties, fines or interest thereon.
CONSEQUENTIAL DAMAGES: Under no circumstances shall GCS be liable hereunder for any lost profits of for special consequential or exemplary damages, even if GCS has been advised of the possibility of such damages.
PAYMENT: Payment is required in full before the equipment is delivered unless company has an open active account with GCS.
CONTAINER COLOURS: GCS cannot guarantee that any one specific colour will be available upon delivery unless an arrangement has been made with the customer. All units are delivered on a first come first serve basis.
MODIFICATIONS: Should any equipment need to be modified a 50% deposit and a signed container modification detail form must be submitted before container can be altered.
STORAGE FEES: GCS will store containers for up to 7 days after container has been purchased or modified. If customer delays delivery for any reason a $100/month fee will be charged to customer for storage of the container.
PRODUCTION TIME: GCS DOES NOT guarantee any specific delivery dates and will not be held liable should production time take longer than expected.
ESTIMATES: GCS provides a pricing estimate that is based on the specifications discussed before modifying the container. Should any extra additional costs occur during the process of the modification due to customers request, payment will be required before changes are made.
ON SITE: GCS assumes no liability for any damage caused to purchasers Property (including buildings, lawns, driveways and landscaping) resulting from the delivery of any Storage Space to the designated location. GCS may refuse to make delivery to any location that it deems excessively risky or unsafe. Driver will use his discretion as to the placement of the storage space/shipping container.
DEFINED TERMS: Any reference to the “Renter” herein shall mean the customer who has executed the front of this agreement and their successors and assigns. “Storage Space” shall mean any rental trailer, container or parking area provided by Giant Container Services (GCS) and “Equipment” shall mean all keys, access codes, locks, dollies, blankets, tape dispensers, straps, cartons and ramps. “Rent” shall include all charges payable by the Renter to GCS for the use of either Storage Space or equipment as well as any late charges, damages or other costs that may accrue. “Renter’s Property” means all property stored by Renter in the Storage Space.
TERM: Unless otherwise agreed, this agreement has a minimum term of four weeks commencing on the date the renter receives their container. The term will end on the date the container is returned.
ACCESS: Provided your account with us is paid in full and you are not in default, you have the right to access your Container for the purpose of inspecting, removing or adding stored goods, by calling our toll-free number, 1-888-97-GIANT and giving us 24 hours notice. Renter shall have access to the Storage Space during work hours and pursuant to such general rules as may be determined by GCS, acting reasonably. All Equipment, including all access codes, keys or other access devices that are provided to Renter shall remain the property of GCS except for those locks that are installed for the security of Renter. GCS will provide access to the Storage Space to any police officer or other official if GCS deems it appropriate to do so.
STORAGE SPACE: Renter agrees that Rent is being paid for the use of space only and GCS assumes no responsibility or risk for any particular item that may be stored in the Storage Space. Renter hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the Storage Space.
PAYMENT: Renter must provide GCS with a valid credit card to secure payment hereunder and shall maintain such card in good standing at all times. Rent is payable on a monthly billing cycle. GCS will not prorate any invoice should a container be returned one week into the billing cycle. The Renter will be responsible for paying for the entire term. If Rent is not paid within 30 days after due date or in the event of a dishonoured credit card or bank cheque a $25.00 late payment fee will apply. All Rents owing and accrued (including any lost equipment charges) must be paid in full by credit card, cash, certified cheque or bank draft upon termination. GCS reserves a lien on all property of the Renter to secure such payments as set out herein.
CONDITION: Alterations including improvements to the Storage Space are prohibited except with the written consent of GCS which may be unreasonably refused. Without limiting the generality of the foregoing, Renter shall not paint, modify, drill, hammer, attach, subdivide or otherwise modify the Storage Space in any manner. The Renter acknowledges that they have inspected the Storage Space and Equipment (as applicable) and confirms that both are in good order, condition and repair. The Renter agrees to keep the Storage Space in good order and condition and to return it in the same condition at the end of the term, normal wear and tear excepted. Renter will advise GCS forthwith of any damage or dangerous condition in or about the Storage Space that Renter notices. The parties agree that GCS may take photographs of the Storage Space at the time of commencement and such photographs will be deemed to be the absolute evidence of the state of the Storage Space at the time of the photograph. Any graffiti or damage to the container will be the responsibility of the renter.
TERMINATION: Renter must give at least ten days written notice to GCS of their termination date. All obligations of the Renter hereunder shall continue until the later of ten days after written termination notice is given and the date that all property of the Renter has been removed from the Storage Space. Termination notice shall be given in accordance with this Agreement. Notwithstanding any written termination notice given, this Agreement shall not terminate until such time as the Storage Space is returned vacant and in a good and clean condition; reasonable wear and tear accepted. GCS reserves the right to inspect the Storage Space to verify its condition.
DEFAULT: In the event of any material default of the Renter hereunder which is not corrected within five days after receipt of written notice, then GCS may terminate this agreement at anytime thereafter and may, at the sole option of GCS, either remove, destroy or otherwise or retain such property (including locking any applicable Storage Space to the exclusion of Renter) until all Rent has been paid in full. In the event that GCS has retained the property of the Renter and Rent remains outstanding 30 days after notice of default, then GCS may sell any property retained. After any sale of property GCS will deduct all outstanding Rent and return to the Renter the balance of proceeds if any. The Renter shall still be liable to GCS for any shortfall of monies due if not covered by the sale. Renter agrees that GCS may use any reasonable manner to dispose or sell Renter’s Property and Renter shall have absolutely no recourse against GCS for such removal, disposal or sale of Renter’s Property.
REPAIR AND STORAGE LIEN: The parties agree that GCS is entitled to claim a lien against the Renter’s Property for any unpaid Rent in accordance with the Repair and Storage Lien Act (Ontario). GCS may retain or sell any of Renter’s Property in accordance with such Act to satisfy any unpaid Rents.
LOCATION OF EQUIPMENT: The Renter will accept delivery of the Storage Space and Equipment (where applicable) to the designated address as set out on the front of this Agreement. Renter shall not assign, move or remove the Storage Space or Equipment from the delivered location without the consent of GCS, which may be unreasonably withheld. GCS reserves the right to move any Storage Space as Renter may require at Renter’s sole cost. Any Storage Space that is relocated in breach of this Agreement may be recovered by GCS at any time in any manner at the sole risk of Renter as to both the Storage Space and contents. GCS assumes no liability for any damage caused to Renter’s Property (including buildings, lawns, driveways and landscaping) resulting from GCS delivering any Storage Space to the Renter at the designated location. GCS may refuse to make delivery to any location that it deems excessively risky unless Renter assumes all risk of such delivery.
INSURANCE: Renter will obtain all required insurance on Renter’s Property. GCS assumes no risk and provides no insurance for Renter’s Property whether stored in the Storage Space at the GCS facility or elsewhere. Renter specifically accepts the obligation to obtain any required insurance and assumes the risk of either not obtaining such insurance or for not being able to collect under any policy for any reason.
CHANGE OF ADDRESS: You are required to notify us immediately of any changes to your name, address, contact information, credit card or chequing account numbers, by calling our toll-free number, 1-888-97-GIANT. If, as a result of your failure to provide us with updated information, we are unable to process any fees or charges payable under this Agreement, or if we are unable to contact you in the event of an emergency, we may deem your property to have been abandoned, and dispose of any such property in accordance with Section 11 above.
GENERAL: Time is of the essence hereof. This agreement is binding on the parties and their successors and assigns. This agreement sets forth the entire agreement of the parties and supersedes all prior agreements or statements and Renter confirms that he has not relied on any verbal or other representation in entering into this Agreement. Where Renter is a corporation, the party executing this Agreement represents and warrants that Renter is a valid subsisting corporation. This agreement shall be governed by the laws of the Province of Ontario.