Offsite Terms & Conditions

TERMS AND CONDITIONS OF RENTAL

1. The rental fee in respect of the last four weeks of rental shall be paid on the signing of this Agreement which shall be the commencement date of this rental. This Agreement must be signed by the Hirer or by a duly authorized agent on behalf of the Hirer. There is a minimum rental period of four (4) weeks.
2. Rental fees are charged on a weekly basis. All additional rental fees in respect of subsequent weekly rental periods will be due and payable within fourteen (14) days of the date of the invoice. All payments are to be made at the Owner’s office. 
3. Delivery to and from the proposed site of the container shall be undertaken by the Owner at a fee as determined by the Owner and shall be paid by the Hirer in advance on the signing of this Agreement. 
4. The Hirer accepts the container in its present condition at the date of this Agreement and the Owner does not in any way represent or warrant that the container is suitable or fit for the particular or any purpose for which it may be required for the duration of the rental period.
5. If the Hirer is not satisfied with the condition of the container, the Hirer must notify the Owner within twenty-four (24) hours of delivery of the container that he/she wishes to exchange or return the container to the Owner. 
6. The Hirer agrees to keep the container in a good and clean condition and repair. The Hirer agrees that no outside signs or marks of any character shall be attached to or affixed to the container. The Hirer shall not do anything or permit anything to be done in or about the container which shall cause conflict with any laws of Barbados. 
7. The Hirer will not make any addition, change or alteration whatsoever in or to the container or the painting thereof. The Hirer shall give the Owner prompt notice of any defects in or accident to any part of said container, in order that the same may be repaired with due diligence, but if damage is caused by misuse or neglect of the Hirer, his family, agent or visitors, and if the Owner makes said repairs, the Hirer agrees to pay the cost of same upon presentation of bill. The Hirer agrees to surrender the container at the termination hereof in like condition as when taken, reasonable fair wear and tear and damage by the elements excepted. 
8. The Hirer is to insure all property to be stored in the container at his own expense.
9. If the container is at any time stolen, destroyed or damaged, the Hirer shall immediately notify a representative of the Owner. The Hirer shall not compromise any claim without the written consent of the Owner.
10. The Hirer shall not sell, rent, assign, sub-let, pledge, or in any other way charge, encumber or part with possession of or otherwise deal with the container and in the event of any breach of this clause by the Hirer the Owner shall be entitled (but shall not be bound) to pay any third party such sums as is necessary to procure the release of the container from any charge, encumbrance or lien and shall recover such sum from the Hirer forthwith. 
11. The Owner or its agent or representative shall have the right to enter upon the premises in which the container is located and enter the container by use of key or by force if necessary, at any time in the event of the right to seizure of the container pursuant to this Agreement, emergency or the abatement of nuisance. The Owner shall accomplish right of entry solely in the above-mentioned circumstances, in the Owner’s sole discretion and without notice to the Hirer in order to inspect and examine the conditions thereof.
12. It is expressly understood and agreed that the Owner shall not be held liable either in contract or in tort for any claims, losses, damages or injury to the personal property or person of the Hirer, his employees, agents, guests or occupants, caused directly or indirectly by or arising from any defect in the container (whether latent or apparent) or other cause related to the rental of the container or presence on the premises of the container. 
13. Notwithstanding any other provisions contained herein, in the event of repairs that in the opinion of the Owner become necessary as a consequence of wear and tear, the Owner shall be entitled to remove the container and substitute another container for the purpose of effecting such repairs. In such an instance, the costs of transportation of the containers will be borne by the Owner, but all other costs incidental thereto, including the removal and/or replacing of any goods therein, shall be borne by the Hirer.
14. No defect in the container shall constitute grounds for offset, abatement or reduction of rent by the Hirer. 
15. The Hirer shall not move the container and shall at all times keep the container in his possession and control and shall not remove it from the place where it was delivered during the period of this rental without the prior consent, in writing, of the Owner.
16. The Hirer shall not cause or permit the container to be so affixed to the premises in which it is kept for the time being as to become a fixture.
17. In this Agreement time shall be of the essence of the contract and no grace period will be read or construed into any date or period for the doing of any act, deed or matter. 
18. If any cheque issued by the Hirer to the Owner or its agent for payments due hereunder is returned without payment for any reason whatsoever except the Owner’s fault, the Hirer shall pay the Owner a charge of $50.00 for each time said cheque is returned in addition to any charges assessed to the Owner by the Owner’s bank. 
19. The Hirer agrees that any fees, costs, charges or other payments associated with the rental of the container, but owing in addition to the Hirer’s basic rental amount, will constitute and will be considered additional rent due and payable on rental due date following the Hirer being informed of for same and non-payment of these items will be considered as non-payment of rent. 
20. The Hirer shall pay to the Owner all expenses (including attorneys’ fees, legal costs, private process service costs and debt collecting costs on a full indemnity basis) incurred by or on behalf of the Owner in recovering rental charges or any charges, costs or expenses, ascertaining the whereabouts of the container, taking possession of the container by reason of a breach by the Hirer of any provisions of this Agreement and preserving, insuring and storing the container thereafter, and of any legal proceedings taken by or on behalf of the Owner to enforce the provisions of this Agreement and, without limiting the generality of the foregoing, 
    1. Notwithstanding Clause 2 hereof, should the container be repossessed by the Owner under the terms of this Agreement, the transportation expense of the Owner incurred in securing the container and its removal shall be paid by the Hirer and/or its Agent;
    2. The expense of the Hirer’s locks to replace the locks removed by the Owner to effect possession under the terms hereof shall be paid by the Hirer;
    3. The expense of replacing locks placed on the container by the Owner to effect the repossession of the container which are removed or damaged by the Hirer shall be paid by the Hirer;
    4. A weekly storage charge of $85.00 plus VAT shall apply in respect of any items remaining within the repossessed container. The Hirer shall be responsible for such weekly charges until the said items have been sold, disposed of or reclaimed by the legal owner.
    5. Any payments made by the Hirer to the Owner after repossession is effected under the terms of this Agreement shall be made in cash or by certified cheque. 
21. Interest at the rate of 8% per month shall accrue and be payable by the Hirer on any outstanding rental fee from the date on which the said rental fee becomes payable, such interest to run from day to day and to accrue after as well as before any judgment until payment. 
22. Notwithstanding clause 16, the Owner may at its option deem the Agreement determined or terminated by the Hirer in the event of any sums payable hereunder remaining unpaid for twenty-eight (28) days.
23. In the event of non-payment when due of any installment of rent, all property in the container shall be subject to a lien for the amount of rent in arrears and any damages, costs or charges due and may be enforced in the same manner as provided by common law or statute, if applicable. The Owner may have access to the container by cutting or breaking the lock upon the container for the purpose of enforcing such lien. Alternately, the Owner may place an additional lock on the container as security for payment of the delinquent rental arrears and any damages, costs or charges due and in that event, the Hirer shall be liable to the Owner for the amount of the monthly rent as herein provided during the term of such security process, which rental amounts shall additionally become subject to the lien hereby created.
24. If the Hirer defaults in payment of any rental fee or part thereof, or fails to observe or perform any of the terms and conditions of this Agreement, the Owner may without prejudice to any antecedent breach by the Hirer determine this Agreement by giving seventy-two (72) hours notice in writing to the Hirer and the Owner may without further notice retake possession of the container and the Owner shall in no way incur any liability for loss of or damage to the goods of the Hirer on account of such seizure. 
25. Further the Owner, without notice, not less than fourteen (14) clear working days after the date the rent is due, may enter and/or remove the personal property from the container to other suitable storage space pending its sale or other disposition therefrom without being deemed guilty in any manner of trespassing or conversion.
26. Where the Hirer has failed to pay the rent arrears and any outstanding expenses or charges twenty-one (21) clear working days after the due date, the Hirer accepts that the property in the container may be sold or disposed at the discretion of the Owner to satisfy the rent arrears and any other costs due to the Owner, in any way it deems fit, that is by public auction (whether itemized or containerized bulk). In the event that there is a surplus sum after the sale of the property, that sum shall be remitted to the Hirer.
27. The Hirer agrees that upon the expiration of said term, or upon the termination of this Agreement for any cause, he/she will at once peacefully surrender and deliver up the whole of the container to the Owner, its employees, agents and assigns. Provided that in case any rent shall be due and unpaid or if default shall be made in any of the covenants herein contained, or if said premises shall be abandoned, deserted or vacated, then it shall be lawful for the said Owner, its employees, agents, attorneys or assigns to take any legal action (e.g. re-enter, repossess, distrain, or any action in compliance with the laws Barbados or common law). Upon re-entry, this Agreement shall terminate. In the event of re-entry by the Owner as herein provided, the Hirer shall be liable for damages to the Owner for all loss sustained. 
28. Upon the termination by the Hirer, the Hirer agrees that all personal property not belonging to the Owner shall be removed from the container (unless such property is subject to the Owners’ lien rights as referenced herein) and the Hirer shall ensure that the container is unlocked and completely empty and cleared from all material or other matter of any kind whatsoever at the termination of this Agreement.  Failure to do so will result in a continuation of the rental charges until such time as the outstanding balance is paid in full and the container has been made ready by the Hirer for collection by the Owner. The Owner will determine the acceptable method (whether by personal or certified cheque or by cash) of payment. In the event that the container is not free of all material or other matter of any kind whatsoever then the Hirer warrants that the same is the property of the Hirer and the Owner may dispose of the same as the Owner deems fit. The Owner shall in no way incur any liability to the Hirer or any other person as a result of such disposition and further that the Hirer will indemnify the Owner on a full indemnity basis from all actions, proceedings, costs, claims and demands in respect of any action arising out of such disposition. 
29. Should the Hirer request the Owner to collect the container the owner may do so providing that there are no arrears of rent outstanding. However, should there be arrears of rent then the Owner may refuse to collect the container and the rent will continue to accrue until all the rent due up to the date of collection is paid in full.
30. Should the Owner be unable to remove the container from the site because of the prevailing weather conditions affecting the site or the inability to access the container, the Owner shall not be liable to the Hirer because of the delay in removing the container.
31. The Hirer shall ensure that the area on which the container is placed remain clear of any debris or material so that the container may be removed by the Owner without any hindrance whatsoever. 
32. If the Hirer shall commit any act of bankruptcy or have a receiving order made against him or shall make any arrangement with his creditors of any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of the Hirer’s property or any judgment against the Hirer shall remain unsatisfied for more than fourteen (14) days or if the Hirer shall abandon the container this Agreement shall automatically and without notice determine, but the same shall be without prejudice to any antecedent breach of this Agreement by the Hirer.
33. The Hirer will not permit or suffer any writ of fieri facias or other writ of execution or distress of rent, rates, taxes to be levied or paid against or distrained upon the container herein described.
34. In the event that any of the material representations contained in this Agreement Form shall be found by the Owner to be misleading, incorrect, or untrue, the Owner shall have the right to forthwith cancel this Agreement and to repossess the container. The Hirer agrees to notify the Owner of any change in the information contained therein and failure to so will be considered a breach of this Agreement. 
35. The Owner shall not be taken to have waived any of its rights arriving out of a breach by the Hirer of these terms and conditions by reason of any relaxation, forbearance, delay or indulgence in enforcing any of these terms and conditions.
36. Any notice required or permitted to be given by the Owner to the Hirer hereunder shall be validly given if served personally on the Hirer or sent by prepaid (registered) post or by recorded delivery service addressed to or left at the address of the Hirer stated on page 1 of this Agreement, or to or at the Hirer’s last known address, and shall if sent by post be conclusively deemed to have been received by the Hirer forty-eight (48) hours after the time of posting.
37. This Lease contains the entire Agreement and the Owner has made no promises or representations except those stated in this Agreement and the agreements contained herein can only be changed in writing and signed by both the Owner and the Hirer.