BINZ BINZ BINZ Terms & Conditions

THIS LICENSE/FEE AGREEMENT (Agreement”) is executed this [date] by and between Binz, Binz, Binz, Inc. (as owner or agent for owner “Operator”) of the self storage facility indicated immediately below and [First Name] [Last Name] (as “Occupant”), whose address and alternate contact address are as follows:

 

Occupant

 [Street]

 [City]

 [ST] [ZIP]

 [Telephone]

 [ID Number]

 

Alternate Contact

 [Street]

 [City]

 [ST] [ZIP]

 [Telephone]

 [ID Number]

                                                                                                                                                                               

Space Number [unit number]

Facility Number [Facility Number]

License Number [License Number] 

 

FEES AND CHARGES

[Term] Yearly term, automatically renews unless notice is given of termination

[Fee] Monthly Fee (“Fee,” Due on or before 1st of Month)

[Administrative Fee] New Account Administration Fee (Non-Refundable)

[Late Fee] Late Charge [00] days after Fee Due

[Lien Charge]  [00] days after Fee Due

[Lien Handling Charge] Lien Handling Charge (Whether or not Sale Occurs)                         

[Lien Sale Fee] Lien Sale Fee

 

By placing INITIALS HERE _________,  Occupant acknowledges that the above information is correct, that unless Occupant is identified above as a business, Occupant is a consumer, that all payments are due before the close of business on the day indicated to be applied to the oldest delinquency first, including late charges and other fees which have become due, that Occupant understands and agrees to pay the Fee as noted above and that Binz, Binz, Binz reserves the right to require that Fee, and any other charges to be paid in cash, certified check or money order and also to require a current, valid credit card be kept on file to charge monthly for agreed Fees and any other amounts that may become due. OCCUPANT further acknowledges and agrees that an Operator will own the facility in Mexico in which the storage unit is located and that Binz, Binz, Binz is acting as pursuant to an agreement between Binz, Binz, Binz and Operator in arranging with Occupant for storage space.  Operator will have all the rights of Binz, Binz, Binz arising under this Agreement with respect to all of Occupant’s obligations under this Agreement except payment. All financial transactions will be and remain solely between Occupant and Binz, Binz, Binz.

         It is agreed by and between Binz, Binz, Binz and Occupant:

1.        PURPOSE AND DESCRIPTION OF BIN. The parties have entered into this Agreement for the purpose of using certain storage space as described above and with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder. The space granted to Occupant under this Agreement, (hereinafter the “BIN”) located at the above-referenced address of Operator are included in a larger storage facility at such address containing similar storage spaces and common areas for the use of Occupant and other occupants (the entire storage facility is hereinafter referred to as the “Property”). Occupant shall examine the BIN and the Property and, by placing INITIALS HERE ________, acknowledges and agrees the measurements noted for the BIN are an approximation only, that space size is estimated per BOMA International standards and does not refer to usable space, the size of the BIN and any referenced sizes are approximate, given for illustration only and may vary materially and that Occupant shall have had the opportunity to measure the BIN, and that the BIN and the common areas of the Property are satisfactory for all purposes for which Occupant shall use the BIN or the common areas of the Property including the size and capacity of the BIN. Occupant shall have access to the BIN and the common areas of the Property only during such hours and days as are regularly posted at the Property.

2.        TERM AND FEE. The term of this Agreement shall commence as of the date written above and shall continue from the first day of the month immediately following on a yearly basis until terminated. This Agreement will automatically renew for a subsequent yearly term at Binz, Binz, Binz then current rates unless Occupant gives notice of termination within thirty (30) days after the scheduled termination date. Occupant will owe monthly fees at the then-current rates for any hold-over month. Occupant shall pay Binz, Binz, Binz as a monthly Fee, without deduction, prior notice, demand or billing statement, the sum noted above (plus any applicable tax imposed by any taxing authority) in advance on the first day of each month. Any statements sent by Binz, Binz, Binz, are sent solely as a courtesy and are not a condition of payment.  If the term of this Agreement shall commence other than on the first day of the month, Occupant shall pay a full month's Fee for the first month and shall owe a pro rata portion of the second month's Fee. Occupant understands and agrees that under no circumstances will Occupant be entitled to a refund of the first month's Fee paid upon execution of the Agreement, and, thereafter, if this Agreement terminates other than on the last day of the month, Occupant shall not be entitled to a refund of a pro rata portion of the Fee for the month in which the termination occurs. The monthly Fee, amounts and number of other fees and/or charges, as well as any other term of this Agreement may be adjusted by Binz, Binz, Binz effective the beginning of a new term following written notice by Binz, Binz, Binz to Occupant specifying the adjustment, which such notice shall be given not less than thirty (30) days prior to the first day on which the adjustment shall be effective. Any such adjustment shall not otherwise affect other terms of this Agreement and all other terms of this Agreement, shall remain in full force and effect.

3. LIEN ON PROPERTY STORED/ABANDONMENT. Binz, Binz, Binz has a lien on all personal property located on or in the BIN, pursuant to law to secure the payment of Fee, labor or other charges, present or future, in relation to the personal property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to applicable law. In the event Occupant shall be in default in the payment of Fee or otherwise fail to perform timely the obligations under the law or this  Agreement, continuously for a period of thirty (30) days, Binz, Binz, Binz shall have the right to enforce the lien granted under applicable law by denying Occupant access to the BIN and/or removing the personal property from the BIN, giving notice to Occupant, and proceeding to sell or otherwise dispose of the personal property, all pursuant to the provisions of applicable law. The rights granted to Binz, Binz, Binz under this Section shall be in addition to, and not in lieu of, any other rights Binz, Binz, Binz has under this Agreement or applicable law.

4.  INCORPORATION OF PROVISIONS ON ADDITIONAL PAGES. By placing INITIALS HERE _________, Occupant acknowledges that he has read, is familiar with and agrees to all of the provisions printed on the additional pages of this Agreement or provided separate by Binz, Binz, Binz or Operator and Binz, Binz, Binz and Occupant agree that all such provisions constitute a material part of this Agreement and are hereby incorporated by reference.  

 

5.  APPLICABLE LAW; JURISDICTION; VENUE.  This Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the BIN is located (solely with respect to enforcement of any lien on the contents of a BIN) and the law of the state of Illinois, without reference to its choice of law provisions. Except to the extent necessary to enforce any lien on the contents of a BIN, the parties agree that the state and federal courts sitting in Illinois will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. If any provision of this Agreement shall be invalid or prohibited under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement.  The parties agree that in view of the limitations of value of the stored goods as provided in paragraph 6 below and the limitations as to Binz, Binz, Binz’ and Operator’s liability as provided in paragraph 8 below, the value of any claim hereunder is limited to $5000 and, accordingly, any action for adjudication of a claim shall be heard in a court of limited jurisdiction such as a small claims court.   By placing INITIALS HERE _________, Occupant acknowledges that he understands the provisions of this paragraph and agrees to these provisions.

 

6.  USE OF BIN AND PROPERTY AND COMPLIANCE WITH LAW. Occupant shall store only personal property that belongs to Occupant. Because the value of the personal property may be difficult or impossible to ascertain, Occupant agrees that under no circumstances will the aggregate value of all personal property stored in the BIN exceed, or be deemed to exceed, $5,000 and may be worth substantially less than $5,000. Occupant shall not permit any Hazardous Materials (as defined below) to be stored in the BIN or the Property or store any improperly packaged food or perishable goods, any high moisture items, flammable materials, explosives, weapons, ammunition and other inherently dangerous material in the BIN or the Property and shall not store any personal property on the BIN which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters, weapons or controlled substances and Occupant shall comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning the BIN and its use. For purposes of this Agreement, "Hazardous Materials" shall include but not be limited to any hazardous or toxic chemical, gas, liquid, substance, material or waste (including, in some jurisdictions, vehicle tires) that it is or becomes regulated under any applicable local, state or federal law or regulation. Occupant shall not use the BIN in any manner that will constitute waste, nuisance or unreasonable annoyance to Binz, Binz, Binz, or Binz, Binz, Binz’s Affiliates, or other occupants in the Property nor perform any work of any kind on the Property. Occupant acknowledges and agrees that the BIN and the Property are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as (but not limited to) books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. Occupant agrees that the value of any such items shall not exceed for any purpose the salvage value of the raw materials of which the item is constituted. Occupant acknowledges that the BIN may be used for storage only, and that use of the BIN for the conduct of a business or for human or animal habitation is specifically prohibited. Upon termination of this Agreement, Occupant shall remove all Occupant’s personal property from the BIN unless there are unpaid charges secured by Binz, Binz, Binz's lien rights as referenced in paragraph 3 (including any subparts) and shall immediately deliver possession of the BIN to Binz, Binz, Binz in the same condition as delivered to Occupant on the commencement date of this Agreement, reasonable wear and tear excepted. By placing INITIALS HERE _________, Occupant acknowledges that he has read and understands the provisions of this paragraph and agrees to comply with its requirements.

 

7.  INSURANCE; RELEASE OF LIABILITY. ALL PERSONAL PROPERTY IS STORED BY OCCUPANT AT OCCUPANT'S SOLE RISK. INSURANCE IS OCCUPANT'S SOLE RESPONSIBILITY. OCCUPANT UNDERSTANDS THAT BINZ, BINZ, BINZ WILL NOT INSURE OCCUPANT'S PERSONAL PROPERTY AND THAT OCCUPANT IS OBLIGATED UNDER THE TERMS OF THIS AGREEMENT TO INSURE HIS OWN GOODS. To the extent Occupant’s insurance lapses or Occupant does not obtain insurance coverage for the full value of Occupant's personal property stored in or on the BIN, Occupant agrees Occupant will personally assume all risk of loss. Binz, Binz, Binz and Binz, Binz, Binz's and Operator’s agents, affiliates, authorized representatives, contractors and employees (collectively referred to as "Binz, Binz, Binz's Affiliates") will not be responsible for, and Occupant hereby releases Binz, Binz, Binz and Binz, Binz, Binz's Affiliates from any responsibility for, any loss, liability, claim, expense or damage to property that could have been insured (including without limitation any Loss arising from the active or passive acts, omission or negligence of Binz, Binz, Binz or Binz, Binz, Binz's Affiliates) (the "Released Claims"). Occupant waives any rights of recovery against Binz, Binz, Binz or Binz, Binz, Binz's Affiliates for the Released Claims, and Occupant expressly agrees that the carrier of any insurance obtained by Occupant shall not be subrogated to any claim of Occupant against Binz, Binz, Binz or Binz, Binz, Binz's Affiliates. The provisions of this paragraph will not limit the rights of Binz, Binz, Binz and Binz, Binz, Binz's Affiliates under paragraph 8. Occupant understands that if Occupant elects to obtain the insurance available at the Property, the additional amount for such insurance coverage must be included with the monthly payments as noted above. Further, all payments received will be applied as noted above. By placing INITIALS HERE _________, Occupant acknowledges that he understands the provisions of this paragraph and agrees to these provisions and that insurance is Occupant's sole responsibility.

 

8.  LIMITATION OF BINZ, BINZ, BINZ'S AND OPERATOR LIABILITY; INDEMNITY. Binz, Binz, Binz and Binz, Binz, Binz's Affiliates will have no responsibility to Occupant or to any other person for any loss, liability, claim, expense, damage to property or injury to persons ("Loss") from any cause, including without limitation, Binz, Binz, Binz's and Binz, Binz, Binz's Affiliates active or passive acts, omissions, negligence or conversion, unless the Loss is directly caused by Binz, Binz, Binz's or Binz, Binz, Binz’s Affiliates fraud, willful injury or willful violation of law. Occupant shall indemnify and hold Binz, Binz, Binz and Binz, Binz, Binz's Affiliates harmless from any loss incurred by Binz, Binz, Binz and Binz, Binz, Binz's Affiliates in any way arising out of Occupant's use of the BIN or the Property including, but not limited to, claims of injury or loss by Occupant’s visitors or invitees. Occupant agrees that Binz, Binz, Binz's and Binz, Binz, Binz's Affiliates’ total responsibility for any Loss from any cause whatsoever will not exceed a total of $5,000.  By placing INITIALS HERE _________, Occupant acknowledges that he understands and agrees to the provisions of this paragraph.

 

9. INFORMATION AND CREDIT

9.1.  RELEASE OF INFORMATION. By executing this Agreement, Occupant grants Binz, Binz, Binz, full authorization for obtaining information regarding Occupant’s employment, savings, and checking accounts and/or any previous or present credit, including real estate loans, whether on a closed or open status.  Binz, Binz, Binz is also authorized to request from a company or companies of Binz, Binz, Binz’s choice a full credit report on the previous and present credit history of Occupant.  This Authorization is valid for the purpose of extending credit, reviewing credit or in the collection of amounts owed to Binz, Binz, Binz in connection with this Agreement.  Occupant further consents to Binz, Binz, Binz obtaining updated credit information.

9.2. NEGATIVE CREDIT INFORMATION.  Binz, Binz, Binz may report information about Occupant’s account to credit bureaus.  Late payments, missed payments, or other defaults on Occupant’s account may be reflected in Occupant’s credit report.

10.  INCORPORATION OF PROVISIONS. By placing INITIALS HERE _________, Occupant acknowledges that he has read, is familiar with and agrees to all of the additional provisions of this Agreement provided by Operator and Binz, Binz, Binz and Occupant agree that all such provisions constitute a material part of this Agreement and are hereby incorporated by this reference.

11.  PRIVACY POLICY.  Occupant acknowledges that Occupant has received a copy of Binz, Binz, Binz’s Privacy Policy and has reviewed and agrees with its terms and provisions.  Binz, Binz, Binz’s Privacy Policy is available for review here and incorporated in full herein by this reference.

12.  RIGHT TO ENTER, INSPECT AND REPAIR BIN.  Occupant hereby grants Binz, Binz, Binz, Binz and Binz, Binz’s Affiliates or the representatives of any governmental authority, including police and fire officials, access to the BIN upon three (3) days prior written notice to Occupant, or without notice in the event of an emergency. In the event Occupant does not grant access to the BIN as required, or in the event of an emergency or upon default of any of Occupant’s obligations under this Agreement, Binz, Binz, Binz and/or Binz, Binz, Binz’s Affiliates or the representative of any governmental authority shall have the right, but not the obligation, to remove Occupant’s locks and enter the BIN for the purpose of examining the BIN or the contents thereof or for the purpose of making repairs or alterations to the BIN and taking such other action as may be necessary or appropriate to preserve the BIN or to comply with applicable law including any applicable local, state, province or federal law or regulation governing hazardous or toxic substance, material or waste, weapons or controlled substances or to enforce any of Binz, Binz, Binz’s rights.  In the event of any damage or injury to the BIN or the Property arising from the negligent or deliberate act or omissions of the Occupant, or for which Occupant is otherwise responsible, or if Occupant fails to remove all personal property from the BIN upon termination of this  Agreement, all expenses reasonably incurred by Binz, Binz, Binz to repair or restore the BIN or the Property including any expense incurred in connection with any investigation of site conditions, or any clean-up, removal or restoration work required by any applicable local, state, province or federal law or regulation or agency regulating any hazardous or toxic substance, material or waste, mold remediation, weapons or controlled substance shall be paid by the Occupant as additional Fee and shall be due upon demand by the Binz, Binz, Binz.

 

13.   TERMINATION AND DEFAULT. This Agreement will automatically renew for a subsequent yearly term at Binz, Binz, Binz then current rates unless Occupant gives notice of termination within thirty (30) days after the scheduled termination date. Occupant will owe monthly fees at the then-current rates for any hold-over month. Binz, Binz, Binz may terminate this Agreement (i) if Occupant is not in default, at the expiration of any period or term by giving written notice to Occupant by first class mail, at the last known address provided to Binz, Binz, Binz in writing by Occupant as provided in paragraph 14 below, not less than seven (7) days before expiration of the term or, (ii) if there is a default, by notice two (2) days in advance at any time during the term. Occupant may terminate this Agreement at any time by giving two (2) days oral or written notice to Binz, Binz, Binz or Operator. If Occupant defaults under any of the obligations under this Agreement, Binz, Binz, Binz may pursue any remedies available to Binz, Binz, Binz under applicable law or this Agreement. Binz, Binz, Binz’s decision to pursue one remedy shall not prevent Binz, Binz, Binz from pursuing other available remedies. Also, if Binz, Binz, Binz or Binz, Binz, Binz’s Affiliates reasonably determine that Occupant has vacated the BIN, Binz, Binz, Binz may terminate this Agreement immediately or at any time thereafter.

 

14. CHANGE OF ADDRESS AND NOTICES.  In the event Occupant changes Occupant’s address or alternate name and address as set forth on this Agreement, Occupant shall give Binz, Binz, Binz written notice of such change signed by Occupant and specifying Occupant’s current address and alternate name, address and telephone number, within ten (10) days of the change; such notice to be mailed to Binz, Binz, Binz by first class mail. Changes of addresses or telephone numbers cannot be made telephonically or through the listing of such information on return envelopes or checks. Except as otherwise expressly provided in this Agreement or by law, 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 deposited in the United States mail with postage thereon fully prepaid and addressed to the party at the address provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date of deposit with postage thereon in the United States mail or upon delivery, if personally delivered.

 

15.  RULES AND REGULATIONS. The rules and regulations posted in a conspicuous place at the Property are made a part of this Agreement and Occupant shall comply at all times with such rules and regulations. Binz, Binz, Binz shall have the right from time to time to promulgate amendments to the rules and regulations. Upon the posting of any such amendments or additions in a conspicuous place at the Property, they shall become a part of this Agreement.

 

16.  MISCELLANEOUS.

Occupant shall provide, at Occupant’s own expense, a lock for the BIN which Occupant deems sufficient to secure the BIN. Occupant shall not provide a key and/or combination to Occupant’s lock to Binz, Binz, Binz or Binz or to Binz, Binz’s Affiliates.

(a)      Electricity which may be supplied to light the BIN for Occupant’s convenience in viewing and accessing stored goods only. In the event electricity is used other than as above, Occupant shall pay an additional charge upon notice from Binz, Binz, Binz.

(b)     Occupant shall not make or allow any alterations to the BIN or the Property without the prior written consent of Binz, Binz, Binz.

(c)      Occupant hereby authorizes Binz, Binz, Binz to release any information regarding Occupant as may be required by law or requested by governmental authorities or agencies, law enforcement agencies, or courts, or to others for marketing and similar purposes.

(d)     Occupant shall not assign or sublease the BIN. Binz, Binz, Binz may assign or transfer this Agreement without the consent of Occupant and, after such assignment or transfer, Binz, Binz, Binz 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, and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of all the parties hereto.

(e)      Time is of the essence.

 

18.   NO WARRANTIES; ENTIRE AGREEMENT. Binz, Binz, Binz hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the BIN and the Property and Occupant hereby acknowledges, as provided in paragraph 1 above, that Occupant has inspected the BIN and the Property and hereby acknowledges and agrees that Binz, Binz, Binz does not represent or guarantee the safety or security of the BIN or the Property or of any personal property stored therein, and this Agreement does not create any contractual obligation for Binz, Binz, Binz to increase or maintain such safety or security. This Agreement and any written amendments or addenda executed at the same time as this Agreement set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. With the exception of posted rules and regulations as noted in paragraph 15, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of Binz, Binz, Binz or Binz, Binz, Binz’s Affiliates or Operator is authorized to make any representations, warranties, or agreements other than as expressly set forth herein and, further, with the exception of any subsequent notice from Binz, Binz, Binz to Occupant of fee adjustments as provided in paragraph 2 above, this Agreement may only be amended by a writing signed by the parties.

    IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.