CONEXX WESI CONTAINER SALES, INC. CONDITIONS OF CONTAINER LEASE AGREEMENT
1. TERM AND TERMINATION
1.1 The Agreement becomes effective upon execution or upon initial receipt of the Equipment or payment. It remains in force for the term specified or until payment ceases, unless terminated earlier as outlined.
1.2 If the Lessee retains the Equipment post-term, the Lessor may, at its sole discretion, extend the Agreement month-to-month under the same terms.
1.3 The Agreement may be terminated by either party with 30 days’ written notice if:
2. DELIVERY AND RETURN OF EQUIPMENT
2.1 Condition: The Lessee must return the Equipment in its original condition, excluding normal wear and tear. Damage preventable by reasonable maintenance is not considered normal wear and tear.
2.2 Responsibility:
3. RENTAL AND ADDITIONAL CHARGES
3.1 Payment Schedule: Rental charges (as detailed on the Agreement’s face) and applicable taxes are due from the commencement date until Equipment return.
3.2 Late Payments: Unpaid invoices incur a $25 late fee per 30 days (or the legally permissible maximum).
3.3 No Proration: Rent is non-refundable if Equipment is returned early, including during the 30-day notice period.
3.4 Bounced Payments: A 25% fee applies to returned checks.
3.5 Rate Adjustments: Post-term or during month-to-month extensions, the Lessor may adjust rental rates with 3 days’ notice. The Lessee may terminate the Agreement by returning the Equipment before the adjustment’s effective date. Failure to act constitutes acceptance of the new rate.
4. USE AND MAINTENANCE OF EQUIPMENT
4.1 Condition Acceptance: The Lessee acknowledges receipt of the Equipment in good condition. No warranties (express or implied) are provided.
4.2 Lessor’s Markings: The Lessor may affix its name/logo to the Equipment. Removal is prohibited.
4.3 Lessee Restrictions:
5. REPAIRS AND MAINTENANCE
5.1 The Lessor shall arrange repairs for normal wear and tear at its discretion, using approved facilities. Costs for damage beyond normal wear and tear are the Lessee’s responsibility.
5.1 Maintenance Access:
Lessee grants Lessor and its agents reasonable access to the Equipment to perform maintenance or repairs. Lessee indemnifies Lessor for losses arising from failure to notify Lessor of required maintenance.
5.2 Damage to Equipment:
Lessor shall inspect damaged Equipment and provide Lessee with an estimated repair cost from an approved repair facility. Lessee must promptly pay the estimated amount. Lessor may:
5.3 Loss or Total Damage:
If the Equipment is lost, destroyed, or deemed a total loss by Lessor, Lessee must pay the Replacement Value immediately. Rental charges continue until full payment is received.
6. PREMISES AND SITE RESPONSIBILITIES
6.1 Lessor’s Access:
Lessor may enter the Equipment Site at reasonable times to deliver, inspect, maintain, or recover the Equipment. Lessee indemnifies Lessor for losses due to failure to fulfill this obligation.
6.2 Site Suitability:
Lessee warrants the Equipment Site is safe and accessible for Lessor’s vehicles and Equipment. Lessee releases Lessor from liability for damages arising from site conditions. If the site is unsuitable, Lessee pays delivery/pickup charges, additional handling fees, and two months’ rental as liquidated damages.
6.3 Fees and Liens:
Lessee is responsible for all taxes, fees, or charges related to the Equipment’s placement. Lessee must provide payment receipts upon request. Lessor may pay such obligations and recover costs as additional rent. Lessee must discharge any liens promptly and indemnify Lessor for related losses.
6.4 Legal Compliance:
Lessee complies with all laws, permits, and regulations governing the Equipment’s use, storage, or location. Failure to comply constitutes a default, subjecting Lessee to penalties under Paragraph 10. Lessor has no responsibility for Lessee’s compliance.
6.5 Notification of Address Changes:
Lessee must notify Lessor in writing of any address change from the one specified in the Agreement.
7. INSURANCE OBLIGATIONS
7.1 Lessee’s Responsibility:
Lessee must maintain, at its own expense, property insurance covering the Equipment for 100% of its Replacement Value and third-party liability insurance satisfactory to Lessor. Lessee shall provide proof of insurance upon Lessor’s request. This coverage must remain in force until all Equipment is returned.
7.2 Lessor’s Disclaimer:
Lessee acknowledges that Lessor does not insure Lessee’s property stored in the Equipment. Lessor disclaims all liability for loss or damage to such property, whether during use or transportation. Lessee waives all claims against Lessor for such losses.
8. ASSIGNMENT AND LIENS
8.1 Restrictions on Lessee:
Lessee may not sell, assign, sublease, mortgage, pledge, encumber, or create any lien on the Equipment. Lessee must promptly discharge any such encumbrances. If Lessee fails to do so, Lessor may pay third parties to remove the lien and recover such costs from Lessee.
8.2 Rights of Assignees:
Lessee’s rights under this Agreement are subordinate to the rights of Lessor’s assignees. Lessee consents to the assignment of all rentals and Lessor’s rights to Assignee. Lessee waives any set-off or defense against Assignee and agrees to pay Assignee directly upon notification. Assignee assumes no obligations under this Agreement.
8.3 Lessee’s Acknowledgment:
Lessee agrees not to prepay rentals, modify the Agreement, or return the Equipment without Assignee’s consent. Lessee shall hold the Equipment as bailee for Assignee to perfect its security interest.
9. REDELIVERY OF EQUIPMENT
9.1 Condition and Cleanliness:
Lessee must return the Equipment empty, broom-clean, and in good working order, ordinary wear and tear excepted.
9.2 Inspection and Repairs:
Lessor shall inspect the Equipment upon redelivery. Lessee is liable for repair costs and additional rental charges if the Equipment is damaged.
9.3 Cleanup and Storage:
If Lessee fails to remove its property or clean the Equipment, Lessor may store such items at Lessee’s expense and clean the Equipment. Lessee is responsible for all related costs.
9.4 Access and Transportation:
Lessee shall ensure the Equipment is accessible for redelivery. If inaccessible, Lessee pays transportation costs for unsuccessful pickup attempts.
10. DEFAULT AND REMEDIES
10.1 Events of Default:
A default occurs if Lessee:
10.2 Lessor’s Remedies:
Upon default, Lessor may:
Charge fees for Lock-Up resolution until the default is cured.
Lessee remains liable for all obligations during this period.
Declare all unpaid rentals immediately due,
Deny access to the Equipment (Lock-Up),
10. DEFAULT AND REMEDIES (CONTINUED)
10.3 Termination and Possession:
If Lessee:
10.4 Post-Termination Obligations:
Upon termination, Lessee forfeits possession, and rental charges double until the Equipment is returned, repaired, or settled. Lessor may repossess the Equipment without notice or judicial hearing.
10.5 Lessee’s Continued Liability:
Lessee remains liable for all obligations until final settlement, including costs of repossession, legal fees, and damages. Termination does not waive Lessor’s rights to further remedies.
10.6 Power of Attorney:
Lessee irrevocably appoints Lessor as its agent and attorney-in-fact to demand and take possession of the Equipment on its behalf if Lessee fails to comply.
11. LIMITATION OF WARRANTIES AND LIABILITY
11.1 Equipment as Is:
The Equipment is leased in its existing condition. Lessor provides no warranties except for quiet possession during Lessee’s compliance.
11.2 Absolute Obligations:
Lessee’s obligations are absolute and unaffected by external circumstances.
11.3 Lessor’s Liability:
Lessor disclaims liability for any direct, indirect, or consequential damages arising from the Agreement or Equipment use.
11.4 Property Stored in Equipment:
Lessor is not liable for loss or damage to Lessee’s property stored in the Equipment.
12. INDEMNITY
Lessee agrees to indemnify Lessor against losses or damages due to Equipment damage, loss, or third-party claims arising from Lessee’s use, maintenance, or failure to maintain the Equipment. This includes costs from fines, penalties, attorney’s fees, and other expenses related to Lessee’s operation or maintenance of the Equipment.
13. NOTICES
All notices, payments, and communications must be in writing and sent to the addresses specified in the Agreement or to updated addresses provided in writing.
14. TAXES, FEES, AND FINES
Lessee is responsible for all sales, use, and other taxes, as well as license and registration fees related to the Equipment. Lessee must also pay Lessor’s costs, including attorney’s fees, for enforcing the Agreement’s terms.
15. GENERAL PROVISIONS
15.1 Governing Law and Jurisdiction:
This Agreement is governed by the laws of California and binds the parties, their successors, and assigns. Disputes will be resolved exclusively in the courts of Santa Barbara County, or another competent court at the option of Conexxwesi, or any other court that may appear competent to decide such a dispute.
15.2 Headings:
Section headings are for convenience only and do not affect the Agreement’s interpretation.
15.3 Waiver of Set-off:
Lessee waives all rights to set-off or counterclaims against rental charges or other payments due under this Agreement, regardless of any claims against Lessor or other parties. Such claims must be pursued separately.
15.4 Severability:
If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.5 Forbearance and Waiver:
Lessor’s failure to enforce its rights due to Lessee’s default does not constitute a waiver of such rights, nor does it waive rights regarding future defaults.
15.6 Entire Agreement:
This document constitutes the entire agreement between the parties. Any amendments must be in writing and executed by authorized representatives of both parties.
Delivery Terms
10. DISCLAIMER OF WARRANTIES & CONSEQUENTIAL DAMAGES
11. TAXES, CUSTOMS, AND LEGAL COMPLIANCE
12. INDEMNIFICATION
13. REMEDIES & WAIVER
14. GENERAL OVERVIEW
The store is hosted on Shopify Inc., which provides the online e-commerce platform enabling Conexx Wesi Containers to sell products and services.
16. ONLINE STORE TERMS
17. GENERAL CONDITIONS
18. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
19. MODIFICATIONS TO THE SERVICE AND PRICES
20. PRODUCTS OR SERVICES (if applicable)
21. ACCURACY OF BILLING AND ACCOUNT INFORMATION
22. OPTIONAL TOOLS
23. THIRD-PARTY LINKS
24. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
25. PERSONAL INFORMATION
26. ERRORS, INACCURACIES AND OMISSIONS
27. PROHIBITED USES
28. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
29. INDEMNIFICATION
30. SEVERABILITY
31. TERMINATION
32. ENTIRE AGREEMENT
33. GOVERNING LAW
34. CHANGES TO TERMS OF SERVICE
35. CONTACT INFORMATION
36. SUBMISSIONS AND COMMENTS
37. NO OBLIGATION TO COMPENSATE
38. MONITORING AND REMOVAL
39. USER RESPONSIBILITY
40. NO HARMFUL CONTENT
41. NO MISREPRESENTATION
42. USER ACCOUNTABILITY
43. WEBSITE OPERATION
44. TERMS OF SERVICE
45. ACCEPTANCE OF TERMS
46. UPDATES TO TERMS
47. E-COMMERCE PLATFORM
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.