AGREEMENT & WAIVER OF LIABILITY
The customer hereby agrees to the following terms and conditions.
1. KUBE Storage will provide a container or containers to the customer hereafter referred to as "KUBE", with approximate dimensions of 8' x 8' x 20' or 8' x 8' x 40'. Customers shall select the site of the original location and destination location. KUBE Storage will not transport a 40' KUBE, which is loaded with the customers property. The customer agrees to a 3 month minimum rental on the 40' containers.
2. Customer is responsible for the loading and unloading of the KUBE. The customer is responsible for the packing and protection of the personal property in a proper manner as the KUBE will be loaded and unloaded at an angle and be transported, which may cause customers personal property to move and shift inside th KUBE. The maximum weight of the personal property to be loaded in the KUBE is 3500 lb.
3. Customer shall not place or store any hazardous materials in the KUBE, including but not limited to petroleum products, compressed gases, corrosives, explosives, flammables or full or empty propane tanks.
4. Residential Customer (Customer) at Customer expense, shall secure its own insurance to protect itself and property contained in the KUBE CONTAINER against all perils of whatsoever nature. Insurance on contents contained within the KUBE CONTAINER is a material condition of this Agreement. Customer failure to carry insurance is a breach of this Agreement and Customer assumes all risk of loss to contained property that would be covered by such insurance. Insurance carried by the Owner shall be for the sole benefit of the Owner and Customer shall make no claim whatsoever against Owner’s insurance. Customer agrees not to subrogate against or allow Customer’s insurance company to subrogate against Owner in the event of loss or damage of any kind from any cause. CUSTOMER HEREBY AGREES TO PROVIDE KUBE WITH PROOF OF INSURANCE COVERING CONTAINER CONTENTS DURING THE TERMS OF THE AGREEMENT.
4.1 Commercial Customer (Customer), at Customer’s expense, shall secure insurance inuring to the benefit of KUBE Storage to protect THE KUBE CONTAINER against all perils of whatsoever nature. Container Damage Insurance on the KUBE CONTAINER is a material condition of this Agreement. Customer’s failure to carry insurance is a breach of this Agreement and Customer assumes all risk of damage or loss to the KUBE CONTAINER that would be covered by such insurance. Insurance carried by the Owner shall be for the sole benefit of the Owner and Customer shall make no claim whatsoever against Owner’s insurance. Customer agrees not to subrogate against or allow Customer’s insurance company to subrogate against Owner in the event of loss or damage of any kind from any cause. CUSTOMER HEREBY AGREES TO PROVIDE KUBE WITH PROOF OF INSURANCE COVERING THE KUBE CONTAINER DURING THE TERMS OF THE AGREEMENT.
5. KUBE Storage shall have a lien for any unpaid charges or fees due and owing after 60 days, to KUBE Storage on all of the customer's personal property transported and stored by KUBE Storage. Said lien may be foreclosed and the property sold in accordance with the laws of the State of South Dakota.
NON PAYMENT or PAST DUE ACCOUNTS If KUBE Storage does not receive updated payment information by the customer, or if the account is unpaid before, at the time of service or after the job is completed, rental is on going until the account is PAID IN FULL. KUBE also can keep the rentals on the property until PAID IN FULL. Any UNPAID balance will result in on going fees & rental. The customer is also responsible for final landfill charges after pick-up, outside of the included first 2,000 lbs.
6. Customer shall inform KUBE Storage where to place the KUBE at the place of origin and or the destination location. KUBE Storage shall not be responsible for any damage to the real estate arising out of the placement of the KUBE. Customer has the responsibility to obtain permission, if needed, for the placement of the KUBE and customer shall be responsible for any violation of city, county or state laws.
7. Customer shall assume all of the risk and liability regarding the use of the KUBE and agrees to hold KUBE Storage harmless and indemnify KUBE Storage against any claims for personal injury, death, property or other damage arising out of customer's use of the KUBE.
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