Rental Application

40FT Container Rental Agreement

(Minimum: 3 month agreement)

1. Term. The term of this Agreement with regard to any Steel Container rented hereunder shall commence on the date the first Steel Container is delivered to the Renter and continue for a minimum of 3 calendar months. Drop off, Pickup, and initial month due upon signing. Thereafter, the term of this Agreement shall automatically renew with regard to any Steel Container from the first of each month on a month-to-month basis until terminated by either party in accordance with this Agreement. The minimum rental period for any single Steel Container is 3 months.
2. Storage Steel Containers and Charges. Subject to the no minimum rental period for a Steel Container, the Renter may add or delete Steel Containers to or from this Agreement by signing delivery invoices. All Steel Containers shall collectively be charged as one Renter account. Any delinquency in the payment of rent or other changes with regard to one Steel Container will result in a potential lien on all Steel Containers rented.
   1. monthly Rental rate per 40FT Container is $295.00 plus tax ($0.00) per month. Total billed rate will be $295 / month per container. Total for all 40FT Container containers in this agreement is $295.00 / month.
   2. Daily rate on a 40FT Container is $9.83 plus tax per day after the first full month.
   3. Delivery Fee $200 (due upon signing)
   4. Pickup Fee $200 (due upon signing)
   5. All charges will be taxed at 0.00%
   6. three month minimum
3. Contents. Renter represents and warrants that Renter owns and is lawfully authorized to store the contents located in each Steel Office Container, that such contents are not subject to any liens, security interests, or other encumbrances, are located or otherwise stored within any Steel Office Container.
4. The rented unit is not a sale box and is not available for purchase due to the tax code and depreciation associated with the rental unit. X Caliber Container does offer Steel Office Containers for sale in the event the renter decided to purchase a Steel Office Container. Normal purchase pricing can be found on the website.
5. THE CONTENTS OF EACH STEEL OFFICE CONTAINER STORED PURSUANT TO THIS AGREEMENT WILL BE SUBJECT TO A CLAIM OF LIEN IN FAVOR OF THE COMPANY FOR UNPAID RENT AND OTHER CHARGES AND EXPENSES AND MAY EVEN BE SOLD BY THE COMPANY TO SATISFY THE LIEN IF THE RENT OR OTHER CHARGES DUE REMAIN UNPAID FOR 14 CONSECUTIVE DAYS. By executing this Agreement in the space provided, Renter and the Company agree to be bound by all terms of this Agreement, including, without limitation, the provisions that limit the Company’s liability.

By initialing this statement, Renter acknowledges that Renter has read and understands the provisions of the attached Terms and Conditions.

By initialing this statement, Renter acknowledges that Renter understands that the Company does not assume liability for stored goods, and that Renter may, in Renter’s sole discretion and expense, purchase insurance from either the Company or independent insurance companies to protect against loss of the stored goods.

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(Exhibit A)

1. Delivery & Pick Up. If Renter selects delivery service, Company will deliver empty Steel Container(s) to, and pick up empty Steel Office Container(s) from, the address designated by Renter, provided such address is within the Company’s service area, and Renter will pay the applicable delivery charges set forth in this Agreement. Company will deliver and pick up the Steel Office Container(s) on the dates, which are agreed upon by Renter and the Company. Company will not be liable for any reason if (i) Renter authorizes another person to access the Steel Office Container(s); (ii) Renter authorizes Company to deliver the Steel Office Container(s) without Renter’s presence; or (iii) road, access, weather, or other conditions hinder or prohibit Company from timely delivering the Steel Office Container(s) despite Company’s reasonable efforts. There shall be a $200 charge for any unsuccessful delivery or pickup when Company is unable to complete such delivery or pick up because of errors or inadequacies in Renter’s instructions or because conditions within Renter’s control prohibit Company’s performance. Company reserves the right to refuse to pick up any Steel Office Container that it believes: (a) not to be empty; (b) interior can not be inspected; (c) has been moved since delivery; or (d) such delivery or pick up because of errors or inadequacies in Renter’s instructions or because conditions within Renter’s control prohibit Company’s performance; (e) has had obstacles placed around it that would prohibit the safe movement of a Steel Container.
2. Risk of Loss and Limitation of Company’s Liability. All property stored within a Steel Container shall be stored by Renter at Renter’s sole risk. Renter’s stored property is not insured by Company against fire, theft, earthquake, vandalism, water damage, smoke, explosion, acts of God, or any other casualty, damage, or risk and Company assumes no liability for any losses resulting therefrom. Renter acknowledges that Renter is aware that insurance is available from Company or independent insurance companies to protect Renter in the event of casualty, damage or risk to the stored property and that Renter is solely responsible for obtaining any desired insurance at Renter’s own expense. To the maximum extent permitted by law, Company shall not be liable (whether in contract, warranty, tort or otherwise) to Renter or Renter’s invitees, family, employees, agents or servants (i) for any personal injuries, property damage or loss from fire, theft, earthquake, vandalism, water damage, smoke, explosion, acts of God, or any other cause whatsoever, (ii) for any third party claim or for any indirect, incidental, special or consequential damages arising form any breach of express or implied warranty or from performance or nonperformance of any duty under this Agreement or otherwise (whether or not such performance or nonperformance involves negligence on behalf of Company or any of Company’s agents, employees, or representatives), (iii) for any loss or damage to any stored property caused by shifting or movement of the stored property in the Steel Office Container(s), (iv) for any loss or damage caused by insects, moths, vermin, mildew, ordinary wear and tear, gradual deterioration, or mechanical or electrical malfunction of musical instruments, electronic components or appliances.
3. No Warranties. Company hereby disclaims any implied or express warranties (including the implied warranty of merchantability), and disclaims guaranties or representations of the nature, condition, safety or security of the Steel Office Container(s). There is no warranty that the Steel Office Container(s) is fit for a particular purpose. Renter hereby acknowledges that Renter has inspected the Steel Office Container and hereby acknowledges and agrees that Company does not represent or guarantee the safety or security of the Steel Office 4Container(s) or of any personal property stored therein. Renter understands that the agents and employees of Company are not authorized to make warranties about the Steel Office Container, and Company’s employees’ and agents’ oral statements do not constitute warranties, and shall not be relied upon by Renter, nor shall any of said statements be considered part of this Agreement.
4. Payment. Renter agrees that monthly charges are due, without setoff or demand, on or before the 20th day of each calendar month for the days used in the previous month and are to be remitted to Company at the address designated by Company in writing. The following additional charges to those set forth in this Agreement will be assessed, as appropriate, and Renter agrees to pay such charges if and when assessed: a late charge of $15 per Steel Container if any monthly charges are not received by the 20th day of each month unless prior arrangement made(if made terms are case to case basis); a $25 charge for any dishonored check or draft from Renter to Company; any and all charges assessed pursuant to Section 1 as a result of Company’s inability to pick up the Steel Office Container(s); a $15 charge for each lien notice sent; and a fee of $150, per account, for fees associated with sale of Renter’s goods. The monthly rental fee and any other fees and charges under this Agreement are subject to change by Company upon 30 days advance written notice to Renter.
5. Maintenance. Renter agrees that Renter will make no alterations to the structure of the Steel Office Container and will not nail, tack, screw or paint the walls of any Steel Office Container. Renter understands that Renter will be financially responsible for any repairs to the Steel Office Container arising from Renter’s misuse or neglect. Upon termination of this Agreement with regard to any Steel Office Container, Renter shall remove all property from such Steel Office Container and return the Steel Office Container to Company in the same condition as delivered to Renter.
6. Renter’s Additional Obligations. Renter is responsible at its sole risk and expense to load and unload the contents of the Steel Office Container.
7. Use. Renter agrees to use the Steel Office Container(s) only for the storage of property wholly owned by Renter. Renter agrees not to store in any Steel Office Container any Prohibited Goods as defined in this Agreement, and specifically acknowledges that Renter has not stored any property having special or sentimental value to Renter. Renter waives and releases Company from any claim or liability for emotional or sentimental attachment/distress related to the loss, damage or destruction of any property stored in the Steel Office Container(s).
8. Inspection. Upon the request of Company, Renter shall provide access to Company or its agents, or any representatives of the fire, police, sheriff or other law enforcement department, to enter any Steel Office Container for the purpose of inspection, repair, alteration, improvements, or to supply necessary or agreed services.
9. Renter’s Indemnity. Renter agrees that Renter is liable for and shall indemnify, defend, and hold Company harmless from and against, and reimburse Company for, all claims, damages, costs, and expenses, including attorneys fees and costs (whether or not arising out of third party claims, including, without limitation, claims brought by any other customer of Company) which relate to personal injury, property damage or any other form of injury or damage (tort or otherwise) incurred or sustained by any person or entity, as a result or arising out of or caused by (i) any breach costs, and expenses, including attorneys fees and costs (whether or not arising out of third party claims, including, without limitation, claims brought by any other customer of Company) which relate to personal injury, property damage or any other form of injury or damage (tort or otherwise) incurred or sustained by any person or entity, as a result or arising out of or caused by (i) any breach of any covenant or warranty, or the inaccuracy of any representation, made by Renter in this Agreement or any addenda, document or exhibit attached to this Agreement, (ii) any contents stored in the Steel Container(s), or (iii) Renter’s use of the Steel Office Container(s) or from any activity or work done or permitted to be done by Renter in or on the Steel Office Container.
10. Steel Office Container Pickup Request by Renter. Renter may terminate this Agreement with regard to any Steel Office Container and have such Steel Office Container picked up to Renter by contacting company and requesting end of rental period confirmation. Once company has been contacted for pickup termination shall be effective upon Renter’s payment of all charges due through the termination date and removal of all contents from the Steel Office Container(s). Pickup of Steel Office Container will be scheduled within 3 weeks. Inclement weather conditions effecting ground conditions may prolong this time frame with no legal actions taken against company. If a shorter pickup time is required then prior arrangements should be made before the signing of this rental agreement.
11. Termination by Company. Company may, at its option: (i) terminate this Agreement for any reason on seven days prior written notice to Renter; or (ii) in the event Renter fails to perform any of its obligations in accordance with the terms of this Agreement, including without limitation its obligation to timely pay rent and other charges with regard to any Steel Container, declare Renter in default under this Agreement and terminate it immediately with regard to all Steel Office Containers by delivering Renter written notice of termination. In the event Renter breaches this Agreement by failing to pay rent or other charges, termination by Company shall be pursuant to and as provided in the Company may impose a lien on all personal property located in the Steel Office Container(s) for rent, labor, or other charges, present or future, incurred pursuant to this Agreement and for expenses necessary for the preservation, sale or disposition of any and all personal property stored in the Steel Office Container(s). To the extent that the proceeds from any lien sale of the stored property are insufficient to satisfy the full amount of the debt owed by Renter to Company, Company may proceed in arbitration to collect any deficiency from Renter by whatever legal means available. Company’s remedies as specified in this Agreement are in addition to, and not in lieu of, any other legal or equitable relief to which Company would otherwise be entitled.
12. Renter’s Obligations Upon Company’s Termination. In the event of any termination of this Agreement by Company, Company may require payment by Renter of all rent and other charges then due and owing, including, without limitation.
13. No Assignment or Sublease. Renter may not assign this Agreement, sublease all or any part of the Steel Office Container(s), or permit any other person to occupy or use all or any part of the Steel Office Container(s).
14. The rented Steel Office Container shall not be moved without prior written approval by the company. Any change of location of the container without written approval will result in immediate termination of rental agreement and immediate retrieval of the Steel Office Container with renter charged with the unscheduled pickup fees of $3.25 per mile from Graham Texas or $200, whichever amount is greater. This fee is in addition to the scheduled pickup fee. Approved moving of the Steel Office Container will incur a separate moving charge not associated with this rental agreement and can be scheduled through the company. A scheduled move through the Company is not in violation of this rental agreement and an amended location will be attached to this rental agreement.
15. Notices/Changes of Address. Except as otherwise required by law, all notices required or permitted by law or by this Agreement shall be sent by mail and shall be presumed to have been received two (2) business days after mailing. Notices to the Company shall be sent to address listed and notices to Renter shall be sent to Renter’s address (es) set forth in this Agreement. In the event that any of Renter’s address (es) given in this Agreement change, such change shall not be binding upon Company unless Renter has given written notification of the change.
16. Waiver. Failure of either party to enforce any provision of the Agreement shall not be construed as a waiver of that provision or of either party’s right to enforce that provision or any other provision of this Agreement. The waiver by Company of Renter’s breach of any term or condition of this Agreement does not constitute a waiver of any subsequent breach.
17. Severability. If any term of this Agreement is held by an arbitrator to be void or unenforceable, the remainder of this Agreement shall remain in full force and effect.
18. Effect on Heirs and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the heirs, executors, administrators and permitted assigns of Renter and Company.
19. General. The terms of this Agreement shall be governed by the laws of the State of Texas. This Agreement contains the entire agreement between Renter and Company, with respect to the subject matter, hereof, and supersedes all prior agreements, understandings, negotiations or discussions, whether oral or written, of the parties. Neither this Agreement nor any attachment or exhibit hereto may not be modified except in writing signed by Renter and an authorized representative of Company.
20. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by final and binding arbitration held in the City of Graham and County of Young County, Texas, in accordance with Texas Law. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof and the parties consent to the jurisdiction of the courts of the State of Texas for this purpose. RENTER UNDERSTANDS THAT, BY AGREEING TO ARBITRATION, RENTER WAIVES RENTER’S RIGHT TO A TRIAL BY JURY; UNDERSTANDSTHAT THE CIRCUMSTANCES UNDER WHICH ARBITRATION AWARDS MAY BE REVIEWED BY A COURT OF LAW ARE EXTREMELY LIMITED; AND UNDERSTANDS THAT NORMAL RULES OF DISCOVERY AND EVIDENCE DO NOT APPLY TO ARBITRATION PROCEEDINGS.

By signing this statement, Renter acknowledges that Renter has read and understands the provisions of (Schedule A) 1-20.

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Your container will be delivered by Xcaliber Container from a 40' tilt-bed truck. Please read more about delivery in our buyer's guide.