Inter-Franchise Agreement "Online Terms"@Model.Title.HeadingType>
These Online Terms apply to the Inter-Franchise Agreement (the “Agreement”) entered into between Company and Customer. All capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Agreement. These Online Terms amend, modify and supplement the Agreement as follows:
“Canadian Shipment” means a shipment of one or more Units by Company from a location or Facility in the U.S. to another location or Facility within Canada or from a location or Facility within Canada to another location or Facility within Canada.
“U.S. Shipment” means a shipment of one or more Units by Company from a location or Facility in Canada to another location or Facility within the U.S.
2. Contracting Party.
Notwithstanding the Agreement to the contrary, if Customer hires Company under the Agreement to arrange for a Canadian Shipment, the contracting party for the Company is Company’s Canadian affiliate, PORTABLE STORAGE CANADA LIMITED.
3. Governing Law/Jurisdiction/Waiver of Jury Trial
If Customer hires Company under the Agreement to arrange for a Canadian Shipment, Section 22 (Governing Law) of the Agreement is amended as follows:
This Agreement shall be governed and construed in accordance with the laws of the state of the Province of Ontario. Any claims by Customer arising under this Agreement must be brought in a court of competent jurisdiction in Ontario. Customer waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Customer or Company from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
4. Shipments From U.S. to Canada. The following additional terms and conditions shall apply if Customer hires Company to arrange for a Canadian Shipment that involves crossing the U.S.-Canadian border:
(a) U.S. Export Laws. Customer will adhere to all applicable laws and regulations of the U.S. Export Administration and will not export or re-export any technical data or products, or the direct product of such technical data, to any proscribed country listed in the U.S. Export Administration regulations unless properly authorized by the U.S. government. Products, services and technical data transported across international borders on behalf of the Customer may be subject to US export controls or the trade laws of other countries. Customer must comply with all such laws and obtain all licenses to export, re-export or import as may be required. Customer will not export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws. Customer will not use or provide products, services, or technical data for nuclear, missile, or chemical biological weaponry end uses. Customer is responsible for obtaining the correct Commerce Control List designation for all items being shipped by Customer. All Bureau of Industry and Security regulations are the responsibility of the Customer, and the Company has no responsibility for the characterization or classification of the items being shipped by Customer.
(b) Assignment of Agreement Upon Entering Canada. Customer acknowledges and understands that contemporaneously with the Unit crossing the U.S.-Canadian border into Canada, this Agreement shall be assigned by Company to PORTABLE STORAGE CANADA LIMITED.
(c) Governing Law/Jurisdiction/Waiver of Jury Trial. At such time as the Unit is within Canada, this Agreement shall be governed and construed in accordance with the laws of the Province of Ontario. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Ontario law. Any claims by Customer arising under this Agreement must be brought in a court of competent jurisdiction in Ontario. Customer waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Customer or Company from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
5. Shipments From Canada to U.S. The following additional terms and conditions shall apply if Customer hires Company to arrange for a U.S. Shipment:
(a) Assignment of Agreement Upon Entering U.S. Customer acknowledges and understands that contemporaneously with the Unit crossing the U.S.-Canadian border into the U.S. as part of a U.S. Shipment, this Agreement shall be assigned by Company from PORTABLE STORAGE CANADA LIMITED (as provided in Paragraph 2 above) to PODS ENTERPRISES, LLC.
(b) Governing Law/Jurisdiction/Waiver of Jury Trial. Notwithstanding Paragraph 3 above to the contrary, at such time as the Unit is within the United States in connection with a U.S. Shipment, this Agreement shall be governed and construed in accordance with the laws of the State of Florida. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Florida law. Customer consents to the exclusive jurisdiction of the state or federal courts located in Hillsborough and Pinellas Counties, Florida for any dispute arising out of this Agreement. Customer waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Customer or Company from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
6. Fees & Taxes / Compliance with Laws & Regulations. If Customer hires Company under the Agreement to arrange for either a U.S. Shipment or a Canadian Shipment, the following additional terms and conditions shall apply (as applicable):
(a) Cross-Border Fees & Taxes. Customer shall be solely responsible for any and all applicable governmental, border, and custom charges, fees, tariffs, taxes, or any other fees or expenses payable on the foregoing items in connection with the transportation of their belongings across the U.S.-Canadian border. To the extent Company elects to pay, in its sole and absolute discretion, any such amounts on behalf of Customer, Customer authorizes Company to immediately charge Customer’s credit card for reimbursement of the paid amounts.
(b) Compliance with Customs Laws & Regulations. Notwithstanding any assistance or guidance that Customer may be offered by or receive from Company in coordinating either a U.S. Shipment or a Canadian Shipment, Customer acknowledges and understands it is Customer’s sole responsibility to comply in every respect with all customs laws and regulations shipping goods in a Unit cross border, which may include identifying in a written “packing list” the articles in the Unit with specificity (including the contents of each box or package within the Unit). Customer may also be required to affirmatively represent and warrant that certain articles (such as ammunition, explosives, livestock, etc.) are not part of the contents of the Unit. Customer must deliver any required paperwork to Company’s representative when the Unit is picked-up for shipment. Customer is advised to immediately contact the appropriate authorities regarding procedures and requirements necessary for cross border shipments. Company assumes no liability, and Customer agrees to hold Company harmless, for any customs delays or any impounding of a Unit at the border by authorities and Customer shall indemnify Company for any additional costs or fees incurred by Company as a result of Customer’s failure to comply with all customs laws and regulations. Customer shall continue to be responsible for payment of rent during any detention period at the U.S.-Canadian border.
7. COMPANY’S LIEN IN CANADA. If the Company coordinates a shipment of a Unit for Customer within Canada, the parties agree that while a Unit is located within Canada, notwithstanding Section 1 of the Agreement to the contrary, the Company is entitled to claim for a lien under the provisions of the Repair and Storage Liens Act of Ontario (and similar legislation of other Provinces) for payment of all charges under this Agreement. If Company pursues its lien rights in Canada pursuant to this section, the last two sentences of Section 1 of the Agreement are deemed deleted for purposes hereof. IN ADDITION, CUSTOMER HEREBY GRANTS TO COMPANY A SECURITY INTEREST UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE UNIT OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL RENTS OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT CUSTOMER IS IN DEFAULT OF THIS AGREEMENT, COMPANY MAY BEGIN THE ENFORCEMENT OF ITS SECURITY INTEREST INCLUDING DENIAL OF ACCESS TO THE UNIT BY CUSTOMER, AGAINST ALL PROPERTY OF CUSTOMER STORED IN THE UNIT OR AT THE FACILITY IN ACCORDANCE WITH THE LAWS OF THE JURISDICTION IN WHICH THE CUSTOMER’S PROPERTY IS LOCATED WHEN COMPANY COMMENCES THE ENFORCEMENT OF ITS SECURITY INTEREST. PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF AT THE FACILITY OR NEAREST SUITABLE LOCATION AND IN A COMMERCIALLY REASONABLE MANNER AS DETERMINED BY THE COMPANY IN ITS DISCRETION. AS COMPANY HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE UNIT, CUSTOMER HEREBY WAIVES ANY OBLIGATION THAT COMPANY PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN CUSTOMER’S UNIT, TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE PERSONAL PROPERTY SECURITY LAWS.
8. ADDITIONAL NOTICES. For Nevada: Customer has secured the services of PODS ENTERPRISES, LLC. If you have any questions concerning the services provided or wish to file a commendation or a complaint, Customer may contact the Nevada Transportation Authority at (702) 486-3303 or through its website at http://www.tsa.nv.gov. COMPANY ADVISES YOU TO PURCHASE INSURANCE FOR YOU PERSONAL PROPERTY STORED IN THE UNIT. SUCH INSURANCE IS AVAILABLE THROUGH MOST INSURERS.
9. ADDITIONAL TERMS AND CONDITIONS.
(a) RULES AND REGULATIONS. The rules and regulations (the “Regulations”) of Company’s Facilities shall be posted in a conspicuous place at the Facility are made a part of this Agreement and Customer shall comply at all times with such Regulations while at the Facility. Company shall have the right from time to time to promulgate amendments and additional rules and regulations for the safety, care and cleanliness of the Unit, Facility and all common areas of the Facility, or for the preservation of good order and, upon the posting of any such amendments or additions in a conspicuous place at the Facility, they shall become a part of this Agreement.
(c) NOTICES. Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail or certified mail, deposited in the United States mail with postage thereon fully prepaid and addressed to the party to be served at the address of such party provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed delivered after deposit in the United States mail, with postage thereon fully prepaid and sent to the last known address of the intended recipient as provided for in this Agreement. In addition, Company may communicate with Customer and provide Customer with any written notices required by applicable law or authorized under this Agreement via electronic mail if Customer has provided the Company with an electronic address.
(d) NOTIFICATION OF CHANGE OF ADDRESS. In the event Customer shall change Customer’s place of residence or alternate address from the place on the Addendum, Customer shall give Company written notice of any such change within ten (10) days of the change, specifying Customer’s current residence, alternate address and telephone numbers. Failure to provide forwarding information in writing releases Company of any damages that might occur in the event that the Unit must be removed or in exercising Company’s remedies upon an event of default. Company assumes no responsibility and will make no attempts to locate Customer if such information has not been provided.
(e) ASSIGNMENT. Customer shall not assign or sublease the Unit or any portion thereof without in each instance the prior written consent of Company. Company may assign or transfer this Agreement without the consent of Customer and, after such assignment or transfer, Company shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, any Company Agent is a third party beneficiary of this Agreement, and has the right to enforce the provisions of this Agreement directly against the Customer.
(f) CHANGE IN DELIVERY SCHEDULE. Customer may request a one-time change in the delivery schedule of Customer’s order without any change to fees as set forth in the Confirmation; provided that, the requested change in the original delivery date is not seven (7) days later or more than seven (7) days earlier than the original delivery date stated in the Confirmation. Any other requested change that does not satisfy the foregoing conditions may result in a change in the handling (or delivery) fees stated in the Confirmation.
(g) CANCELLATION. Customer may cancel at any time an Inter-Franchise Move without penalty or fees so long as the cancellation occurs before 4:00 p.m. local time the day prior to the initial scheduled delivery. If the Customer cancels after 4:00 p.m. local time the day prior to the initial scheduled delivery, Customer shall pay the local handling (or delivery) fee plus any applicable extended delivery fees. If the Customer cancels 48 hours after the initial scheduled delivery, but before the Inter-Franchise Move has been initiated, Customer shall pay the local handling (or delivery fee), any applicable extended delivery fees, first month’s rent, and the first month of content protection coverage (if applicable).
10. HAWAI’IAN SHIPMENTS.
(a) Notwithstanding the Agreement to the contrary, the following terms and conditions shall apply for a shipment of any Unit to or from any of the Hawaiian islands:
(i) Customer must comply with all rules, regulations and applicable laws of the port facility for loading or unloading the Unit.
(ii) Customer must provide Company with the name(s) of the person(s) or business responsible for loading and/or unloading the Unit at the port at time of order so the shipper can be notified. Customer acknowledges and agrees that only the name(s) given at time of order will be allowed access to the Unit at the port facility.
(iii) Customer must complete the loading or unloading of any Unit within two (2) business days of the Unit’s availability at the port facility. Unless provided otherwise, the next business day after a Unit’s arrival at the port facility is the first day of availability. Customer will be responsible for any fines, penalties or fees (to include a daily charge of up to $50.00 per day per Unit) assessed against Company for Customer’s failure to complete the loading or unloading process in the applicable required timeframe.
(iv) All packaging materials and any other debris must be properly removed and disposed of at the port facility by Customer. Customer will be responsible for any fines, penalties or fees (to include a fee of up to $75.00 per Unit) assessed against Company for Customer’s failure to comply with this paragraph.
(v) Customer must have insurance for Customer’s contents with a minimum amount of coverage equal to $10,000. As provided by Section 6 of the Agreement, Customer may satisfy this obligation by obtaining Content Protection through the Company for an additional monthly fee. If Customer does not desire to secure Content Protection through Company, proof of insurance for at least the $10,000 minimum coverage amount must be received in writing by Company prior to the delivery of any Unit to the origination port facility.
(vi) All loaded Units must be secured with Customer’s lock prior to Customer’s departure from the port facility.
(vii) Customer must have a valid credit card on file which is set up on “auto-pay.”
- SERVICES CURRENTLY OFFERED ON THE ISLAND OF O’AHU
- Full service offered by Company to include storage inside the Facility, on-site storage, direct moves and/or loading or unloading of Units at the Facility. Loading or unloading of Units at the port of Honolulu is not allowed.
- SERVICES CURRENTLY OFERED ON THE ISLAND OF MAUI:
- Limited service to include only on-site storage and/or direct moves. Storage of the Unit is not offered inside the Facility and loading or unloading of Units at Facility is not allowed.
- Loading or unloading of Units at the port of Kahului is not allowed.
- For all out-bound inter-island moves, all full Units must be scheduled to move directly from Customer’s address on Maui to the port of Kahului.
- For all in-bound inter-island moves, all full Units must be scheduled to move directly from the port of Kahului to Customer’s address on Maui.
- SERVICES CURRENTLY OFFERED ON THE ISLANDS OF KAUA’I, MOLOKA’I, LANA’I & HAWAI’I:Company’s service is limited to loading or unloading of Customer’s Units only at the following port facilities during normal hours of operation (not including holidays). Hours of operation are provided by the shipper and are subject to change at any time.
Port of Nawiliwili (island of Kaua’i)
Port of Kaunakakai (island of Moloka’i)
Port of Kaumalapau (island of Lana’i)
Port of Kawaihae (island of Hawai’i; West side)
Port of Hilo (island of Hawai’i; East side)
Updated: January 19, 2016