VIKING ON DEMAND STORAGE RENTAL AGREEMENT

Viking On Demand Storage (VODS) offers the following services:

• Viking On Demand Storage Unit (VODS) Rental
  
• VODS unit(s) Transportation
  
• Customer loaded VODS unit(s) storage at one of our Massachusetts facility
  

VODS Contract

This contract by and between Viking Moving Services, Inc (VMS or “us”) and “Customer”(or “you”), whose name and address are set forth in the addendum, is effective as of the date Customer accepts physical delivery of the Portable Storage Unit (VODS) for the express purpose(s) of storage of items of personal property as set forth herein.

Customer acknowledges and agrees that no bailment or deposit of goods for safe keeping is intended or created unless VMS transports a VODS unit(s) which has been previously loaded by Customer to another site as (a) directed by Customer; or (b) VMS transports a VODS unit(s) previously loaded by Customer to VMS’ storage facility at 115 River Street, Acton, MA 01720 for storage (in the open) and subsequent redelivery when requested by Customer.

VMS’ responsibility for transportation of Customer-loaded VODS unit(s) is either (a) that of a household goods motor carrier as defined in Title 49 United States Code, Section 13012(12); or (b) a motor carrier and is responsible for loss or damage to Customer-loaded contents as set forth in Title 49 United States Code Sec. 14706 [see attached Transportation terms and conditions].

VMS’ responsibility for storage of Customer-loaded VODS unit(s) is that of a public warehouseman as defined in Massachusetts General Laws Chapter 105 with responsibility for loss of or damage to contents of VODS unit(s) [previously loaded by Customer] as set forth in Massachusetts General Laws, Chapter 106 (Uniform Commercial Code), Article 7 “Warehouse Receipts, Bills of Lading and Other Documents of Title,” particularly sections 202, 203 and 204 [see attached storage agreement terms and conditions].

1. Description of Unit

As applies:

one (1) 10’ foot steel container of 538 cubic feet capacity; or

one (1) 16’ foot steel container of 895 cubic feet capacity; or

one (1) 19.6’ foot steel container of 1,075 cubic feet capacity.

2. Rental Term / Rental Rate

This Contract commences on the date Customer acknowledges receipt of the VODS unit(s) and continues thereafter on a month-to-month tenancy until terminated. Tenant must pay the Lessor, in advance, monthly rent on each Due Date (as defined below) in the amount set forth on the invoice (“Rent”), without deduction, prior notice, demand or billing statement. The date the Container(s) is first delivered to Customer shall be the initial “Due Date” and subsequent Due Dates shall occur on the monthly anniversary of the initial Due Date or the last day of the month if the corresponding date does not exist in the subsequent month. Customer must pay, in advance; at least one month’s rent. Customer will not be entitled to a refund of any prepaid rent under any circumstances. The monthly rent may be adjusted by Lessor effective the month following written notice by Lessor to Customer specifying such adjustment, which notice shall be given not less that thirty (30) days or one (1) calendar month prior to the first day of the month for which the adjustment will be effective. Any such adjustment in the monthly rent will not otherwise affect the terms of this Rental Agreement, of which will remain in full force and effect. Time is of the essence with regard to all payment obligations due under this Rental Agreement.

3. Use of VODS Unit(s)

Customer warrants that only items of personal property owned by the Customer will be stored in the VODS unit(s). Customer further warrants that (1) no work [examples for work include but are not limited to plumbing, carpentry, painting, welding, etc.] shall be performed in the VODS unit(s); and (2) no hazardous materials [examples include but are not limited to hazardous or toxic chemicals, gas(s), liquids, solids or waste] whether such items articles or materials are subject to local, state or federal regulation or not. Maximum weight of personal property placed in the VODS Unit is limited to 5000 pounds.

4. Customer’s Risk of Loss or Damage to VODS unit [excluding transportation and/or storage by VMS]

Customer understands and warrants that use of the VODS unit(s) for the conduct of business, occupancy (whether by humans, animals, birds, fish or other life forms) or habitation is strictly prohibited.

Customer assumes full and complete responsibility for any/all loss or damage to the VODS unit(s) whether or not resulting from fault or negligence of Customer. This obligation extends to transportation and/or storage by VMS when loss or damage is caused by or results from Customer’s inclusion of prohibited property [see prior paragraph], Customer’s improper packing and/or inadequate securing of Customer’s property against the normal and anticipated hazards of shock, vibration, etc. inherent with the transport of property by motor vehicle over public roads as well as when being unloaded from transporting vehicle and during physical placement of the VODS unit(s) for storage at VMS’ storage facility(s).

5. Responsibility for Loss or Damage to Contents of Customer-loaded VODS unit(s)

Except when VMS has exclusive custody and access of a rented VODS unit and contents previously loaded by Customer (or by others on Customer’s behalf) Customer has total responsibility for any and all loss of or damage to items or articles of personal property within the VODS unit(s) and agrees to save and hold harmless VMS for any and all loss(s) or damage(s) arising from or out of Customer’s use of the VODS unit, including but not limited to leakage, wetting, dampness, dryness, rusting, heat, cold, rot (wet or dry) or from frosting, defrosting, melting, spotting, shrinkage, evaporation, fungus, mold, mildew, insects, vermin, birds, rodents, or other animals, including nesting or infestation, or discharge of waste products, secretions or collections by insects, birds, rodents or other animals, including loss or damage caused by or resulting from any fumigation process to control or eliminate such insects, vermin, birds, rodents or other animals.

6. Limitation of VMS’ Economic Liability to Customer-loaded VODS unit(s) [VMS Transit and/or Storage]

A. Transport: When Customer requests VMS to transport and/or store a VODS unit containing Customer’s personal property, VMS will do so as a motor common carrier of household goods or a motor carrier of property subject to the terms and conditions set forth in Addendum “A” and a base rate [floor or minimum] limitation of economic liability of $3,000. Customer has the right to increase this amount subject to payment of VMS’ ad valorem rate of $3.50 per $1000 of value declared.

B. Storage: VMS’ responsibility for loss or damage to Customer’s personal property within the VODS unit(s) stored at VMS’ open lot storage location is that of a public warehouseman pursuant to Massachusetts General Laws, Chapters 105 and Chapter 106 (Uniform Commercial Code (UCC)) Article 7 and the terms and conditions of storage as set forth in Addendum “B.” VMS’ economic liability is limited to $2,000 for the unknown contents of Customer-loaded VODS unit which can be increased subject to payment of VMS’ monthly ad valorem charge of $3.50 per $1000 of declared value.

7. Customer Indemnification of VMS

Customer shall indemnify, defend and hold harmless VMS and each of its officers, directors, employees, agents, representatives and independent contractors from and against any and all losses, liabilities, costs, expenses, fines, attorney’s fees, damages, claims, demands, actions and lawsuits of any and all kinds whatsoever, arising from, out of, or in any way connected with Customer’s possession and/or use of VODS unit(s) and breach of any of Customer’s duties or obligations pursuant to this Contract.

8. VMS’ Lien

While proving VODS unit(s) rental, common carrier or warehousing services, VMS has a lien on all personal property stored by Customer in VMS’ VODS unit(s) while the VODS unit(s) is in VMS’ care, custody or control or on funds from the sale of personal property within Customer’s VODS unit(s) to reimburse us for all lawful charges associated with rental, storage, protection of interest, transportation, labor, wrapping, cooperage [boxing, packing, etc.] and other charges and expenses in relation to all, or any part of, such property. Our lien extends to all reasonable charges and expenses for notice and advertisement of sale and for the sale of the property in satisfying our lien following default by you. We may enforce this lien at any time either by public or private sale of property, with or without court order.

9. Weight Limitations

Pursuant to paragraph 3, the maximum weight – equally distributed over the entire floor of the VODS Unit 5,000 pounds.

10. Placement of Unit (Customer’s Designated Delivery Site)

Customer accepts that VMS will attempt to place the VODS unit(s) on a driveway or other paved surface immediately accessible from a street or road fronting Customer’s designated location. It is Customer’s responsibility to designate such an area having adequate size, delivery vehicle clearance and capable of supporting the VODS unit(s) when empty or loaded as well as the vehicle used to deliver the VODS unit(s) and pick up the empty or loaded VODS unit(s) for transport. VMS’ driver will ask Customer for permission to drive the VODS unit carrying vehicle on Customer’s lawn or other non-paved areas in order to place or pick up the VODS unit(s) to or from the area designated by Customer. Customer assumes full responsibility for all loss or damage resulting from the delivery, placement and pick up of the VODS unit(s) (loaded or empty) and except in case of the sole negligence of VMS, Customer agrees that Customer will not relocate the VODS unit(s). If it is determined by VMS that Customer has relocated the VODS unit(s) Customer agrees to pay an additional fee of $150 per unit and, where the VODS unit(s) cannot be retrieved without damage to the VODS unit(s), Customer must pay VMS for all repairs up to the current replacement value of the VODS Unit(s).

12. Customer’s Security of VODS unit(s)

Customer shall provide, at Customer’s expense, a lock(s) deemed by Customer suitable for securing the VODS unit(s) from unauthorized entry and access to the VODS unit(s)’s contents. Customer shall not provide VMS or any of its employees, agents or servants with a key or combination to Customer’s lock. It is Customer’s responsibility to properly secure the VODS unit(s) prior to pick up. Where Customer fails to secure the unit, VMS’ driver may affix a seal on the unit designed to reveal unauthorized entry. In such instance, placement of a seal is for the sole purpose of protecting VMS from allegations of unauthorized entry, theft, conversion, mysterious disappearance or other allegations.

13. VMS’ Limited Right of Access to Customer-secured VODS unit(s)

Customer grants to VMS and its respective employees, agents or servants and to representatives of any governmental authority, including fire and police, access to Customer’s VODS unit(s) upon two (2) days advance notice by phone, e-mail or FAX.

We will not remove Customer’s lock and enter the VODS unit(s) unless directed to do so by police, fire or other governmental agency having actual or apparent authority to order us to do so. If emergency relocation or repair(s) to the VODS unit(s) are necessary Customer grants us the right to remove Customer’s lock. In the event of an emergency, VMS or any of its representatives, agents, employees or servants, as well as representatives of governmental authority, shall have the right to gain access to the interior and contents of the VODS unit(s) without prior notice to Customer and take such action(s) as may be necessary or appropriate to protect VMS facility(s) and customers of VMS or to enforce VMS’ rights.

14. Termination by Either Party

Customer has the right to terminate rental at any time for any reason upon written notice to VMS. VMS may terminate rental at any time by giving written notice to Customer advising that termination will occur on the last day of the month of rental.

15. Default

Default will occur when (a) Customer fails to pay the monthly rent when due; or (b) Customer fails to comply with any of the terms and conditions of this contract other than monthly payment(s) and fails to rectify the identified issue(s) within fifteen (15) days after written notice is mailed to Customer.

16. Remedy(s) in Event of Default / VMS’ Lien

In the event of default, VMS may immediately terminate this Contract by giving written notice to Customer, in which event Customer shall immediately surrender the VODS unit(s) to VMS. If Customer fails to do so, VMS may, without prejudice to any other lawful remedy(s) which it may have for possession of the VODS unit(s) or for past due rent, deny Customer access to the VODS unit(s) if located at VMS’ facility or to enter upon Customer’s premises and take possession of the VODS unit(s) and any of Customer’s property stored therein.

In the event Customer fails to pay the outstanding balance within thirty (30) days following written demand, VMS may sell any or all of Customer’s property at public auction to the highest bidder for cash at a public sale to be held at a time and place selected by VMS.

VMS will publish at least once a week, for two consecutive weeks, in a newspaper of general circulation, at or near the place of sale, a notice thereof containing a description of the property and Customer’s name. The Proceeds of any sale will be applied toward payment of lawful charges applicable to the rental of the VODS unit(s); for any damage to the VODS unit(s); and to the expense of retrieval of the VODS unit(s), plus expense of notice, advertising and sale, and for storing, caring for and maintaining Customer’s property prior to sale, the remaining balance, if any, shall be paid to Customer.

17. Damage Discovered at Termination of VODS unit(s) Rental

On termination of this rental contract, for any reason, Customer shall remove all of Customer’s personal property from the VODS unit(s) unless such property is subject to VMS’ lien rights pursuant to paragraph 16 and shall immediately relinquish possession of the VODS unit(s) to VMS in the same condition as received at the beginning of the contract, normal and reasonable wear and tear excepted. Customer agrees that any personal property left in the VODS unit(s) shall be deemed abandoned by Customer. Customer grants to VMS the right to dispose of such property in any manner and without liability to Customer or VMS may retain such property as collateral for payment of the removal charges or other amounts legally due VMS for removal and disposal of abandoned (or apparently abandoned) property [see paragraph 16].

18. Release of Customer Information

Customer acknowledges the obligation of VMS to release any information regarding Customer and Customer’s use of VODS unit(s) as may be required by law. Customer authorizes VMS to release any information regarding Customer and Customer’s use of VODS unit(s) if requested to do so by governmental authorities or agencies, law enforcement agencies or courts having authority or apparent authority to make such request.

19. Notices (Mailing of) / Change of Address

In the event Customer shall change Customer’s place of residence (or alternate address) from that specified in this Contract, Customer shall give VMS written notice of any such change within ten (10) days of such change, specifying Customer’s current residence address, alternate address and telephone number(s). Failure to provide written contact information shall release VMS of any and all damages that might occur in the event that the VODS unit(s) must be moved from VMS storage facility or in exercising any of VMS’ rights and remedies in the event of default. VMS assumes no responsibility and will make no attempt(s) to locate Customer in the event Customer fails to keep VMS advised of their current mailing/contact information.

20. Non-Assignment by Customer / Sale or Transfer of Business by VMS

Customer may not assign or sublease the VODS unit(s) or any portion thereof without the prior express written consent of VMS. VMS may assign or transfer this Contract without the consent of the Customer and, after such assignment or transfer, VMS shall be released from all obligations under this Contract.

22. Storage Rules and Regulations

The rates, rules and charges (regulations) of VMS’ transport and storage operations and are available to Customer upon request. Such regulations are made a part of this Contract and Customer shall comply with such regulations. VMS has the right from time to time to promulgate amendments or additional rates, rules and charges applicable to transportation and storage services of VMS.

23. Local, State and/or Federal Rules and Regulations

Customer acknowledges that Customer’s use and placement of the VODS unit(s) may be subject to local, city or county ordinances, rules and/or regulations including deed and homeowner restrictions as well as applicable dwelling or business complex [condominium, co-op, etc.] rules. Customer assumes total responsibility for any fines or penalties caused by or resulting from Customer’s use or placement of the VODS unit(s) in violation of such ordinances, rules, regulations, etc. If any authority requires VMS to remove VODS unit(s) from Customer’s premises, VMS or Customer will each attempt to notify the other of such requirement; however, Customer grants to VMS full authority to comply with such requirement(s), and further absolves VMPS of any liability for resulting damage to Customer’s premises, or personal property contained within the VODS unit(s).

If Customer is renting or leasing the premises where the VODS unit(s) is located and the landlord or manager requests the VODS unit be removed or relocated, Customer gives VMS full authority to comply with such request. Customer absolves VMS of any liability for any resulting damage to Customer’s personal property contained in the VODS unit(s) caused by or arising out of relocation of the VODS unit(s). Except in case of VMS’s negligence, Customer shall indemnity and hold harmless VMS for any claims by landlord, property manager or other person or entity having authority (or apparent authority) to order such relocation for damage to any premises, including lawns, trees, shrubs, plants, et al.

Customer is placed on notice that should the VODS unit(s) by removed by any person other than VMS, Customer assumes all costs, including but not limited to legal fees, removal and storage that are incurred with the VODS unit(s) retrieval and further agrees to pay VMS for any damages that arise from or are associated with such removal and storage of said VODS unit(s).

24. VMS’ Duty of Care (Force Majeure)

Except when transporting or storing VODS unit(s) loaded by Customer, VMS shall not be liable for any delay, interruption, or failure to perform any of its obligations under this Contract, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which include, but are not limited to, act(s) of God, act(s) of governmental authority, act(s) of public enemy, war (whether declared or undeclared), terrorism or other acts of occurrences whether of the kind described herein or otherwise, that is not reasonably within the control of VMS.

25. Geographical Transportation Limitations

Unless previously agreed to in writing Customer will not transport VODS unit(s) outside the borders of the Commonwealth of Massachusetts.

Viking On Demand Storage (VODS), 55 Domino Drive, Concord, MA 01742