The term of this Agreement shall begin on once you make your first payment and conclude once the firearm is returned to the Lessee. If the Lessee fails or refuses to pay their outstanding debt and/or take possession of their property from the Lessee the term of this Agreement after the term expires, then this Agreement shall automatically be extended on a MONTH TO MONTH basis and all provisions shall continue in full force and effect as long as the Lessee continues to use the storage services.
PAYMENT: Storage payments and other charges can be made by PayPal or e-Transfer. All payments are to be made to the Lessor address stated above. Any payments made to stop the foreclosure and sale of Lessee’s property must be paid by e-transfer or credit card. Personal cheques will not be accepted. Lessee agrees and understands that partial payments made to cure a default for non-payment of rent may not necessarily delay or stop the sale of Lessee’s property. Partial payments do not waive or void the legal effect of prior notices given to Lessee. Only full payment on Lessee’s account prior to the published auction date shall stop the scheduled sale of property.
Late Charge: If Lessee does not pay any installment of rent when due, access to stored property will be denied on the sixth day delinquent and best
efforts will be made to contact the Lessee for immediate collection of stored items. Lessee will be required to pay Lessor late charges, in addition to
the rent, as follows:
6-15 Days Late - 25% Late Charge
16-30 Days Late - An additional 50% charge
31 Days Late - An additional $20.00
LESSEE HAS READ THIS RENTAL AGREEMENT AND THE GENERAL TERMS AND CONDITIONS FOR FIREARM STORAGE RENTAL (THE “GENERAL TERMS”). LESSEE IS AWARE OF AND AGREES TO ALL THE TERMS TO THIS AGREEMENT AND THE GENERAL TERMS.
In addition, if a notice of public auction occurs, an additional sale and publication fee of $35.00 shall be charged to the account along with all collection, auction, preparation, inventory, lock cutting and advertising charges incurred by the Lessor in connection with the sale to dispose of the stored items. All past due payments and payments made upon vacating shall be paid by e-transfer, certified funds or credit card.
LESSOR’S LIEN RIGHTS: LESSOR SHALL HAVE A LIEN ON ALL PERSONAL PROPERTY STORED FOR RENT, LABOUR OR OTHER CHARGES, PRESENT AND FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND THE EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THE “REPAIR AND STORAGE LIEN ACT” AS SET FORTH BY THE PROVINCE OF ONTARIO R.S.O. 1990, c. R. 25, THE LIEN PROVIDED HEREUNDER ATTACHES AS OF THE DATE THAT THE PERSONAL PROPERTY IS BROUGHT TO THE PREMISES. IN ADDITION TO ALL OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY, LESSOR MAY ENFORCE ITS LIEN BY SELLING OR OTHERWISE DISPOSING OF THE PERSONAL PROPERTY. IF ANY PAYMENT IS NOT MADE BY FIVE DAYS AFTER IT IS DUE, OR IF ANY FORM OF PAYMENT IS GIVEN AND DISHONOURED, THE LESSEE IS IN DEFAULT FROM THE DATE PAYMENT WAS DUE. THE LESSOR’S LIEN IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST, EXCEPT FOR THOSE WHICH ARE PERFECTED AND RECORDED PRIOR TO THE DATE OF THIS AGREEMENT. IF THE LESSEE FAILS TO REDEEM PERSONAL PROPERTY OR TO SATISFY A LIEN, OR SECURE THE STORED ITEMS THE LESSEE WILL BE DEEMED TO HAVE UNJUSTIFIABLY ABANDONED THE PROPERTY.
SECURITY AGREEMENT: This Agreement shall constitute a security agreement covering the firearms/stored items and a security interest shall attach thereto for the benefit of, and is hereby granted to the Lessor by the Lessee to secure the payment and performance of any default by the Lessee hereunder. All rights of the Lessor hereunder or at law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. The Lessee hereby waives and renounces its right to the benefit of any exemptions it may otherwise have under Ontario law.
LESSEE’S LIABILITY: In the event of a foreclosure of the Lessee’s interest in the firearms being stored, it is understood and agreed that the liability of the Lessee for the rents, charges, costs and expenses provided for in this Rental Agreement shall not be relinquished, diminished or extinguished prior to payment in full. The Lessor may use a collection agency thereafter to secure any remaining balance owed by the Lessee after the application of sale proceeds, if any. If any property remains unsold after foreclosure and sale, the Lessor may dispose of said property in any manner considered appropriate by the Lessor.
EXPENSES: Lessee shall pay Lessor any and all expenses incurred by Lessor in enforcing its rights under this Agreement including reasonable attorneys’ fees. Any and all taxes, fees, utilities and assessments levied or assessed on the firearms/stored items under this Agreement, or that may be deemed to be due because of this Agreement, or that are assessed by a duly constituted government authority shall be born and paid for by the Lessee.
AGREEMENT: This agreement, together with the General Terms and Conditions for Firearm Storage Rental (the "General Terms") is the entire agreement (this agreement and the General Terms are collectively referred to herein as the "Contract") between Lessee and Lessor and may not be changed or ended orally. This Contract shall be governed by Ontario law. This Contract is binding upon and shall inure to the benefit of Lessor and Lessee and their respective heirs, legal representative, successors and permitted assigns. Venue of any litigation arising out of this Agreement shall be in the Province of Ontario. If one or more of the provisions of the Contract are deemed to be illegal or unenforceable the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding and enforceable.
TERMINATION AND CANCELLATION: This Agreement may be cancelled by the Lessee for any reason by giving the Lessor written notice requesting the return of the firearm(s). If the firearm(s) being stored are destroyed by fire or other casualty as to render them unusable, Lessor may terminate this Agreement and payment for storage will be made only to the date of the fire or other casualty. If Lessee becomes insolvent, or if bankruptcy proceedings are filed by or against the Lessee, this Agreement shall terminate immediately. If Lessee breaches any of the provisions of this Agreement, Lessor may terminate this Agreement effective immediately without notice of any type. Lessor may terminate this Agreement or modify its conditions by giving the Lessee written notice thereof at least ten (10) days before the modification is to take effect. There will be NO PRORATION OR REFUNDS OF STORAGE FEE.
CHANGES: All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Lessor upon Thirty (30) days prior written notice to the Lessee. If so changed the Lessee may terminate this Agreement on the effective date of such change by giving the Lessor ten (10) days prior written notice of termination after receiving notice of the change. If the Lessee does not give such notice of termination, the change shall become effective on the date stated in the Lessor’s notice and shall thereafter apply to the occupancy hereunder. WAIVER: No waiver by the Lessor of any provision hereof shall be deemed a waiver of any of the provision hereof or any subsequent default or breach by the Lessee.
NOTICE OF CHANGE OF ADDRESS: The Lessee represents and warrants that the information the Lessee has supplied in this rental agreement is true, accurate and correct, and the Lessee understands that the Lessor is relying on the Lessee’s representations. The Lessee agrees to give prompt written notice to the Lessor of any change in the Lessee’s address or any change in the status of any liens or secured interests on the Lessee’s property. The Lessee understands that they must personally deliver such notice to the Lessor or mail such notice by certified mail, return receipt requested, with postage prepaid to the Lessor at the above address.
RELEASE OF INFORMATION: Lessee hereby authorizes Lessor to release any information regarding Lessee and Lessee’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
INSURANCE AND DISCLAIMER: Lessee acknowledges and understands that Lessor:
(i) Is a bailer in the business of storing goods for hire;
(ii) Is responsible for loss or damage to Lessee’s property to a maximum of $5,000 for all firearms stored on behalf of the Lessee and the Lessee shall be responsible for insuring the stored items for any damages over $5,000.00;
(iii) Will not provide insurance on Lessee’s property for Lessee;
(iv) Requires that Lessee provide its own insurance or be “self-insured” (personally assume the risk of loss or damage) for any amount over $5,000.00.
LESSOR SHALL INSURE: at its own expense, the property stored to a maximum of $5,000. The Lessor shall maintain a policy for fire, water damage, and other perils including extended coverage insurance with theft, vandalism and malicious mischief endorsement to the maximum of $5,000 of property stored. This insurance is for the benefit of the Lessee and Lessor. Lessor expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Lessee against Lessor, Lessor’s agents or employees.
RIGHT TO RETURN PROPERTY TO LESSEE: Lessor shall have the right at any time, for whatever reason, to return stored firearms or property to Lessee and terminate this Agreement, at Lessor’s sole discretion. The Lessee acknowledges that while at the present time it is legal for the Lessor to store firearms for the Lessee, the legislation may change and in the event that the laws change to make the storage of firearms by the Lessor illegal then the Lessee shall make immediate arrangements to take back possession of the store items failing which the Lessor will be free to dispose of such stored items, including destruction of said stored items, so the Lessor is not in contravention of any laws. The Lessor shall not be responsible for any loss to the Lessee if the Lessor is required to sell, destroy or otherwise dispose of the stored items in order to comply with any laws.
I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT.