Rental Terms & Conditions

Eveon Containers Rental Terms - Updated November 25th

    Rental Terms & Conditions
    Rental Terms & Conditions

    EVEON RENTAL TERMS & CONDITIONS

    **THIS RENTAL AGREEMENT **(“Agreement”) is executed on the date stated above by and between Eveon Containers Inc., or any legal entity in the EVEON group of companies (“EVEON,” “we” or “us”) and the individual or business listed above as Renter (“Renter” or “you”) (collectively, the “Parties” and individually, a “Party”) for the purpose of renting one or more storage containers (“Container”).

    THIS AGREEMENT IS NOT A PURCHASE AGREEMENT. You are not buying the Container and you may not sell the Container. You agree that the Container is a used Container and is being rented subject to the terms and conditions set forth in this Agreement. You also agree that you are aged eighteen (18) or above at the time of signing this Agreement.

    1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Renter wishes to rent one or more Containers to be delivered to the site of Renter’s choosing (“Site”).

    2. TERM. The Initial Term shall commence on the date the Container is delivered to the Site (“Commencement Date”) and continue for three months after the Commencement Date, expiring on the same numbered date as the Commencement Date (“Expiration Date”). If neither Party terminates the Agreement, the Agreement will automatically renew on a month-to-month basis (each month a “Renewal Term”) and shall continue until terminated by either Party.

    3. CONTAINER. The Containers are used and may show signs of rust, use, damage, repair, and maintenance. Except as provided in the Quality Guarantee Section below, Renter accepts the Container “as is” and “with all faults.” Any models shown or depicted are for illustration purposes only and deviations, including in color, dimensions and weight, are possible. Any such deviations shall not be grounds for a claim of breach of contract or cancellation of this Agreement based on non-conformity of the Container.

    4. DELIVERY AND THE SITE. EVEON will deliver the Container to the Site. EVEON will use reasonable best efforts to comply with any estimated delivery date. Should EVEON deliver the Container on a different date than the estimated delivery date, the Agreement Commencement Date and Expiration Date for the Initial Term and all Renewal Terms shall be automatically updated. Failure by EVEON to meet a delivery deadline will not be considered a breach or default by EVEON, and the Renter shall not be entitled to any damages or compensation resulting from such failure. EVEON shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of any Container. If delivery cannot be made within the delivery window preferred by the Renter, EVEON will inform the Renter of this delay.

    Renter agrees Renter has reviewed and will comply with the Delivery Requirements found on the EVEON website at https://www.eveoncontainers.com/en-us/delivery-requirements. Renter agrees that an adult must be present at the Site at the time of delivery. Failure to comply with these requirements is a breach of this Agreement, and EVEON shall be entitled to terminate the Agreement without a refund of the delivery fees.

    EVEON or EVEON’s Agents will endeavor to place the Container in an area pursuant to Renter’s instructions. Renter represents that the selected Site shall have adequate size, clearance, and structural integrity to sustain the weight and size of the Container, delivery truck and any other required equipment. If EVEON or its Agents determine, in their sole discretion, that the Renter’s selected Site is not appropriate for any reason, Renter authorizes EVEON or its Agents to place the Container in any other area on Renter’s premises to the extent reasonably possible under the circumstances or to cancel the Agreement without a refund of delivery fees. Renter authorizes EVEON or its Agents to drive on the lawn, non-paved area or any other part of Renter’s premises in order to place or retrieve the Container; Renter assumes full risk for any damage to the premises, releases EVEON and its Agents from any liability resulting from the delivery, placement and retrieval of the Container, and waives any and all rights of recovery against EVEON and its Agents. Renter understands that delivery and retrieval fees assessed in advance are estimates, and additional fees may be charged for delivery, re-delivery, storage or removal of the Container if such deliveries or retrievals require time, services, or equipment that were not included in the estimated delivery fee. Additional fees will be assessed if the Container must be delivered or retrieved via access to unpaved areas, or if delivery or retrieval fails and must be rescheduled due to no fault of EVEON or its Agent.

    **DELIVERY FEES AND PREPAID RENT ARE NONREFUNDABLE IF EVEON OR ITS AGENTS ARE UNABLE TO DELIER THE CONTAINER DUE TO NO FAULT OF EVEON OR ITS AGENT. **

    Renter agrees that all delivery and retrieval fees quoted by EVEON are based on the information provided by Renter, and that such fees are calculated based on the delivery address. Fees may be revised and/or the Agreement may be canceled by EVEON if Renter attempts to change the Site prior to delivery.

    Renter agrees that Renter will not relocate the Container; relocation of the Container shall constitute a breach by Renter of this Agreement. In the event it is determined by EVEON or its Agent that the Container has been relocated, Renter agrees to pay a minimum additional fee of $500 and up to current retail value of the Container plus any cost or shipping associated with retrieval of the Container, in addition to all other rights and remedies EVEON holds in the case of Renter’s breach of this Agreement.

    1. RENT, FEES AND CHARGES. The rent shall be the amount stated above, plus any applicable taxes, charges and fees. Rent for the Initial Term, the delivery and retrieval fee, and applicable taxes and fees, must be paid in full prior to delivery of the Container. Rent for any Renewal Term is due on the first day of each Renewal Term and will be automatically charged without notice to Renter’s selected method of payment. Renter acknowledges that the timing of when Renter’s payment method is charged may vary; for instance, if the Renewal Term began on a day not contained in a given month (e.g. if the Renewal Term commences on January 31, Renter’s payment method would next be billed on or around February 28). In addition, if the payment date falls on a weekend or holiday, the payment may not be processed until the next business day.

    EVEON will not provide refunds for rent paid in advance. EVEON may, at its sole discretion, accept or reject partial rent payments, which shall not constitute a waiver of EVEON’s rights.

    In addition, EVEON may change the price of rent or any other charge or fee by providing Renter thirty (30) days advance notice by emailing the Renter. The new rent shall become effective on the first day of the next Renewal Term that occurs thirty (30) or more days after notice has been sent. No invoices will be provided by EVEON unless requested by Renter. All documents will be provided electronically.

    In addition to charges and costs described in other sections of this Agreement, Renter agrees to pay, as applicable, the following: a. Collection Costs. Renter will be responsible for all collection costs including, but not limited to, court costs, filing fees, and attorneys’ fees. b. Disposal Fee. If EVEON must dispose of property that is left in the Container, Renter agrees to pay the associated costs of emptying the Container including, but not limited to, dump fees, labor, materials, and transportation. c. Damage Fee. Renter shall pay the cost of repairing any damage to the Container other than reasonable wear and tear. d. Cleaning Fee. If EVEON or its Agents must clean the Container, Renter agrees to pay a minimum cleaning fee of $50, which may increase to reflect actual costs of cleaning including, but not limited to, the costs of pest control, repairs, specialized cleaning services, and other incidental costs. e. Delivery and Retrieval Fees. Additional fees may be assessed if delivery and/or retrieval of the Container requires additional time, equipment, supplies, or fuel, or otherwise incurs additional costs for EVEON or its Agents. Additional fees may be assessed if delivery fails because the Site is unavailable or inaccessible, or if a different Site must be selected for the Container. Additional fees may be assessed if the Site must be accessed by driving across or through unpaved areas. f. Relocation Fee. A minimum Relocation Fee of $500 will be assessed if it is determined that Renter relocated the Container without the consent of or assistance from EVEON. This fee will be assessed in addition to any additional fees incurred due to damage to the Container or retrieval of the Container from a location that is not the Site. g. Moving Fee. Renter may request that EVEON move the Container to a different location at any time during the Term. Such move will be conducted at EVEON’s discretion and subject to additional fees.

    Renter agrees to remit payment to EVEON within five (5) calendar days of receipt of an itemized statement of any of the above-listed charges, costs and/or fees.

    1. PAYMENT. All amounts due under this Agreement shall be paid to EVEON via credit card, debit card, Google Pay or Apple Pay. EVEON reserves the right to change its accepted method(s) of payment. If payment of rent or other fees or charges is delinquent under this Agreement, Renter authorizes EVEON to charge any payment method on file for all outstanding charges, even if Renter has selected another method of payment as the preferred method.

    2. CANCELLATION AND TERMINATION. After the Renter has completed the order in EVEON’s online shop by consenting to this Agreement and remitting payment, this Agreement may be canceled within twenty four (24) hours for a full refund by emailing info.usa@eveoncontainers.com or calling the EVEON’s Customer Service phone number at 888-489-7585.

    Renter may provide EVEON with notice of termination of the Agreement at any time, and such termination will be effective on the first Expiration Date that occurs thirty (30) or more days after EVEON’s receipt of Renter’s notice of termination. Notice of termination may be provided to EVEON by emailing info.usa@eveoncontainers.com or calling the EVEON’s Customer Service phone number at 888-489-7585.

    1. USE OF CONTAINER. Renter agrees that EVEON is not responsible for the property and goods stored in the Container pursuant to this Agreement. Renter agrees: a. The Container may not be moved or relocated after it is placed at the Site; b. The Container may not be used for any purpose that would be a violation of any applicable federal, state or local law or regulation including without limitation any law relating to the use, sale, possession, cultivation, manufacture, distribution or marketing of any controlled substances or other contraband (whether for commercial, medical, or personal purposes), or any law relating to the medicinal use or distribution of marijuana; c. The Container may be used only for storage, and may not be used for the operation of any business, or for manufacturing or production; d. The Container may not be used for human or animal habitation; e. To use the Container only for the storage of property owned by Renter unless EVEON provides prior written consent to such use; f. The Container will not be used for storage of sentimental or irreplaceable objects including, but not limited to, heirlooms, works of art, photographs, collectibles and other similar items; g. The Container will not be used to store property that may cause consequential damages or emotional distress to Renter or others if it were missing, stolen, sold or damaged; and h. Unless written permission is specifically granted in writing by EVEON to Renter, Renter agrees that Container will not be used to store any of the following items: (i) hazardous, toxic, illegal, stolen, environmentally harmful, explosive or flammable property; (ii) money; (iii) precious metals; (iv) jewelry or watches; (v) furs; (vi) trash or waste; or (vii) lithium or Li-ion batteries or any devices which contain or charge such batteries.

    Any violation of this provision is grounds for immediate termination of this Agreement without any refund, and subject to applicable fees.

    1. RISK AND INSURANCE. Renter agrees that EVEON is not responsible for the property and goods stored in the Container. All property is stored in the Container under the supervision and control of the Renter. EVEON exercises neither care, custody, nor control over Renter’s stored property, and no bailment is created by this Agreement. Further, EVEON is not a warehouseman engaged in the business of storing goods for hire.

    Renter assumes all risk of loss, damage or theft of Renter’s property stored in the Container however caused, including, without limitation, burglary, shifting of contents, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omissions or negligence of EVEON or its Agents. Renter specifically acknowledges that EVEON shall not be liable for any damage to or loss of Renter’s property for any reason, and that all property placed in the Container is at Renter’s sole risk. It is agreed by Renter that this release of EVEON’s liability is a bargained-for condition of the rent set forth herein and that were EVEON not released from liability as set forth here, a much higher rent would have to be agreed upon.

    Renter agrees to monitor the Container and its status and to promptly notify EVEON of any evidence that the Container’s WWT status has been compromised. It is Renter’s responsibility to protect and monitor property stored in the Container and, if necessary, to remove property from the container.

    EVEON DOES NOT PROVIDE ANY TYPE OF INSURANCE TO PROTECT RENTER’S PROPERTY FROM LOSS OR DAMAGE. It is Renter’s responsibility to adequately protect and insure property stored in the Container. Renter agrees to insure the actual full value of the stored property against loss and damage by fire, flood, burglary, vandalism, and other harm. The maintenance of insurance on property placed in the Container is a material condition of this Agreement. Failure to carry the required insurance is a breach of this Agreement and Renter assumes all the risk of loss to stored property that would be covered by such insurance.

    EVEON may demand that Renter provide proof of insurance upon consummation of this Agreement and any time during the Initial Term or any Renewal Term. In the case that EVEON demands proof of insurance and such documentation is not provided to EVEON by Renter within seven (7) days of receipt of the request, Renter will be in breach of this Agreement.

    1. LIMITATION OF LIABILITY. EVEON, its affiliates and agents, and each of their respective directors, officers, members, employees, agents, subcontractors, vendors and representatives (collectively, EVEON’s “Agents”) shall not be responsible to Renter or to any other person for any damage or loss however caused, including, without limitation, the active or passive acts, omissions, negligence or conversion, even if directly caused by the fraud, willful injury or willful violation of law of EVEON or its Agents. In addition, Renter hereby releases EVEON and its Agents from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons that could have been insured against. Renter expressly agrees that the carrier of any insurance obtained by Renter shall not be subrogated to any claim of Renter against EVEON or its Agents. RENTER WAIVES ANY CLAIM FOR EMOTIONAL OR FOR SENTIMENTAL ATTACHMENT TO PROPERTY PLACED IN THE CONTAINER. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, RENTER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER. THE TOTAL, CUMULATIVE LIABILITY FOR EVEON AND ITS AGENTS ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY REASON, INCLUDING FROM DAMAGE TO OR LOSS OF RENTER’S PROPERTY, SHALL NOT EXCEED $5,000. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

    EXCEPT FOR THE EXPRESS GUARANTEES SET FORTH IN THESE TERMS, EVEON AND ITS AGENTS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, DAMAGE ATTRIBUTABLE TO REPUTATIONAL HARM, PHYSICAL INJURY OR PROPERTY DAMAGE, OR LOST REVENUE ARISING FROM OR RELATED TO THESE TERMS OR ANY CONTAINER RENTED BY EVEON, REGARDLESS OF WHETHER EVEON WAS ADVISED OF THE POSSIBILITY OF SUCH CONSEQUENCES. EVEON SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT ARE NOT SET FORTH IN THIS AGREEMENT, WHETHER WRITTEN OR ORAL OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

    EVEON shall not be held liable for any liability, damage or injury caused by any third party employed or engaged by either EVEON, EVEON’s Agent, or Renter. EVEON and its Agents shall not be liable to Renter or any third party, including Renter’s invitees, family, employees or agents for any personal injury arising from Renter’s use of the Container from any cause whatsoever including, but not limited to, the active or passive acts or omission or negligence of EVEON or its Agents.

    1. INDEMNIFICATION. Renter shall indemnify, defend and hold harmless EVEON and its Agents from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, Renter’s use of the Container, including, without limitation, as a result of any of Renter’s breach of Renter’s obligations pursuant to this Agreement.

    2. PERSONAL INJURY. EVEON and its Agents shall not be liable to Renter or any third party, including Renter’s invitees, family, employees or agents, for any personal injury arising from Renter’s use of the Container from any cause whatsoever including, but not limited to, the active or passive acts or omission or negligence of EVEON or its Agents.

    3. QUALITY GUARANTEE. At the time of delivery and throughout the Term, unless otherwise agreed upon in writing by EVEON and Renter, Container will be Wind and Watertight (“WWT”), meaning that the Container’s doors, walls, roof/ceiling, door rubber, and flooring will be free of significant defects, structural deformities, or holes that compromise the Container’s WWT integrity.

    Renter agrees that cosmetic imperfections such as dents, scratches, and rust are normal characteristics of used containers and are not covered under this guarantee, provided they do not impair the Container’s WWT or structural integrity.

    Renter must monitor the condition of the Container and promptly notify EVEON if Renter believes a Container has lost its WWT or structural integrity. Notice to EVEON must include photo documentation, the Container number and any additional information requested by EVEON. If Renter believes the Container has lost its WWT or structural integrity, Renter must immediately take measures to protect any property in the Container, including by removing all property from the Container. EVEON is not responsible for loss or damage to property in the Container due to a loss of WWT or structural integrity

    If, in EVEON’s sole discretion, Container has lost its WWT or structural integrity, EVEON will, in EVEON’s sole discretion, either: (i) provide Renter with a patch to repair the Container; (ii) arrange for repair of the Container; or (iii) replace the Container.

    1. ALTERATIONS TO THE CONTAINER. Renter understands and agrees that, with the exception of normal wear and tear, the Container must be returned to EVEON in the same condition as it was delivered. If the Container is damaged for any reason, Renter must not attempt to repair the Container without prior written consent from EVEON. Renter is prohibited from affixing, attaching, or building anything in or around the Container that would damage the walls, ceiling, or floors of the Container or compromise the Container’s WWT integrity, including by making holes in the structure. Renter must not take any action to change the physical appearance of the Container without prior written consent from EVEON.

    2. VACATING THE CONTAINER. Upon termination of this Agreement for any reason by either Party, Renter shall remove all property from the Container and shall unlock and make the Container available for retrieval by EVEON or its Agent on the date and at the time arranged. An adult must be available at the Site at the time of retrieval. Renter agrees to return the Container to EVEON broom cleaned and in the same condition as when delivered to Renter, reasonable wear and tear excepted. Renter agrees that any property left in the Container shall be deemed abandoned by Renter, and with respect thereto, Renter authorizes EVEON to remove such property from the Container and either: (i) leave it at the Site; or (ii) dispose of it in any manner in EVEON’s sole discretion. Nothing herein shall be construed to impose a duty upon EVEON to store or safeguard the Renter’s property. Renter agrees to reimburse EVEON for any/all costs of emptying or repairing the Container including, but not limited to, dump fees, labor, materials, and transportation.

    3. DAMAGE OR THEFT. Renter accepts all responsibility for theft of or damage to the Container regardless of Renter’s fault or negligence, the fault or negligence of any other person or acts of God. Renter agrees to reimburse EVEON for all expenses reasonably incurred by EVEON to replace or restore the Container for loss or damage that occurs while the Container is in Renter’s possession, including, but not limited to, damage from: (i) weather or site conditions; (ii) misuse of the Container; (iii) failure to place the Container on level ground; (iv) abuse or modification to the Container; or (v) non-compliance with any instructions provided to Renter by EVEON or EVEON’s Agent.

    4. NO REPRESENTATIONS OR WARRANTIES. Except for the quality guarantee expressly stated in Quality Guarantee Section above, and to the fullest extent permissible under applicable law, EVEON and its Agents disclaim any implied or express warranties, guarantees, representations of the nature, condition, safety or security of Container, including any warranties of merchantability or fitness for a particular use or purpose. Renter acknowledges and agrees that EVEON does not represent or guarantee the safety or security of the Container or of any property stored within and this Agreement does not create any duty for EVEON to create or maintain such safety or security. Renter acknowledges and understands that EVEON makes no assurances or guarantees regarding the time of pick-up or delivery of any Container.

    5. LOCK. All EVEON Containers may be secured using a lock. If Renter wishes to secure the Container, Renter is solely responsible for obtaining a lock at Renter’s own expense that is sufficient to secure the Container. EVEON has no liability to Renter for Renter’s failure to secure the Container with an adequate lock or for the performance or security of any measures Renter takes to secure the Container. Renter must remove all locks and other security measures prior to retrieval of the Container by EVEON or its Agent.

    6. RIGHT TO ENTER OR INSPECT. Renter grants EVEON and EVEON’s Agents access to the Container and the premises where such Container is located, as required by applicable laws and regulations or in connection with EVEON’s exercising its rights as set forth in this Agreement. At EVEON’s request, Renter agrees to remove any locks or other security on the Container so EVEON or its Agents may enter the property to repair, remove or replace the Container, enforce its rights, or take any other action necessary in connection with maintenance, removal, repair of the Container. At its election, EVEON may provide advance notice to Renter of any scheduled entry or inspection, but such advance notice is not guaranteed. In the event of an emergency, Renter grants EVEON, EVEON’s Agents, and any governmental authority including, but not limited to, police, fire, health, or emergency response officials, permission to enter the premises, remove Renter’s lock or other security, enter the Container and take such action as may be necessary or appropriate to preserve the Container, to comply with applicable law, or enforce any of EVEON’s rights. This access right shall continue after termination of this Agreement and until the Container is removed from the Site. EVEON shall not be responsible for any loss caused by entry authorized under this Section.

    7. TERMINATION. EVEON may terminate this Agreement and/or any order for any or no reason, effective immediately upon written notice to Renter. Renter may terminate this Agreement at any time, to be effective on the first expiration date of any Term occurring thirty (30) days after Renter’s notice of termination is received by EVEON. Notwithstanding any provision to the contrary in this Agreement, no monthly rent shall be prorated or refunded if the termination occurs prior to the end of the Initial Term or a Renewal Term.

    8. DEFAULT. The following events shall be events of default by Renter under this Agreement: (i) Renter fails to timely pay any rent installment due under this Agreement and fails to remedy such nonpayment within ten (10) days regardless of whether Renter receives notification of such late payment; (ii) Renter fails to comply with any term, provision or covenant of this Agreement; or (iii) Renter abandons or relocates the Container.

    9. REMEDIES UPON EVENT OF DEFAULT. If an event of default shall occur, EVEON may at any time thereafter at its election: (i) immediately terminate this Agreement by providing notice to Renter; (ii) enter upon Renter’s premises and take possession of the Container; (iii) expel or remove Renter from the Container, without being liable for prosecution or any claim of damages; (iv) CHARGE RENTER ALL EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY EVEON THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY RENTER, and/or (v) pursue any other remedies provided for under this Agreement or at law or in equity. When EVEON retrieves the Container, Renter hereby consents to EVEON’s entry onto Renter’s premises and waives Renter’s claim for trespass and/or conversion and agrees that Renter shall not hold EVEON liable for any damage or loss to Renter’s property or Renter’s premises arising from said entry. EVEON’s remedies are cumulative and any or all thereof may be exercised instead of or in addition to each other or any other remedies available to EVEON at law or in equity.

    10. ABANDONED PROPERTY. EVEON may dispose of any property left in the Container after Renter has terminated the Agreement. Such property shall be considered abandoned. Renter shall be responsible for paying all costs incurred by EVEON in disposing of such property, including but not limited to a minimum Disposal/Cleaning Fee as set forth above.

    11. NO ORAL AGREEMENTS. This Agreement contains the entire agreement between EVEON and Renter, and no oral agreements shall be of any effect. Renter agrees that he/she is not relying on and will not rely on any oral representations made by EVEON, any EVEON Agent or any third party purporting to modify or add to this Agreement. Renter agrees that this Agreement may be modified only in writing.

    12. NOTICES. Renter shall provide notice to EVEON by emailing info.usa@eveoncontainers.com. All notices from EVEON shall be sent to the email address provided to EVEON by Renter. Notices shall be deemed given when sent by electronic mail. Renter consents to the electronic delivery of all notices via email including billing statements, rental rate and fee notices. Renter also agrees to receive notices from EVEON via SMS messaging/text.

    Renter agrees to provide prompt written notice to EVEON of any change in Renter’s contact information including email address, mailing address, and phone number.

    1. AMENDMENT. All terms of this Agreement including, but without limitation, the monthly rental rate, conditions of rental, and other charges, are subject to change. EVEON will provide Renter with advance written notice of any amendment to the terms of this Agreement. Amendments will take effect on the first day of the next Renewal Term that occurs thirty (30) or more days after notice of the change has been provided to the Renter. If, upon receipt of the notice, the Renter does not terminate the Agreement, the Agreement shall be thereby amended, and the change shall become effective, regardless of whether Renter agreed to the change in writing.

    2. ASSIGNMENT. Renter shall not assign or sublease the Container or any portion thereof without prior written consent of EVEON. EVEON may assign or transfer this Agreement without the consent of Renter and, after such assignment or transfer, EVEON shall be released from all obligations under this Agreement occurring after such assignment or transfer. All provisions of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and permitted assigns of the parties hereto. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

    3. LOCAL LAWS, RULES AND REGULATIONS. Renter agrees that Renter’s use and placement of the Container may be subject to county, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules. Renter assumes full responsibility for identifying and complying with local ordinances and for any fines and/or penalties, monetary or otherwise, resulting from Renter’s use or placement of the Container in violation of such ordinances, rules and/or regulations. If EVEON is required by law or by an authority to remove or relocate the from the Site, EVEON will attempt to notify Renter of such requirement; however, Renter authorizes EVEON to comply with such requirements, and absolves EVEON of any liability for any resulting damage to Renter’s premises or property. Additionally, if Renter is renting or leasing the premises where the Container is located and the landlord of the premises requires that the Container be removed or relocated, Renter authorizes EVEON to comply with a landlord’s demand. If EVEON must remove or relocate a Container to comply with ordinance, rule, regulation, restrictions and/or landlord demand, Renter absolves EVEON of any liability for any resulting damage to Renter’s property or the premises and shall indemnify and hold harmless EVEON from any claims by the landlord for damage to the premises. Should EVEON be required to remove or relocate the Container, Renter understands and agrees to pay all resulting costs of such removal or relocation. Renter further understands that should the Container be moved or removed by any person other than EVEON or EVEON’s Agent, Renter is in breach of this Agreement and shall assume all costs, including, but not limited to, legal fees, and any removal or storage fees that are incurred with the Container’s retrieval.

    4. ARBITRATION. In the event of any claim, dispute, or lawsuit by either Party against the other arising in relation to the Container or this Agreement, the claim or lawsuit shall be submitted to binding arbitration upon the request of either party and the service of that request on the other party. The parties agree that the arbitration shall be conducted and heard by a single arbitrator to resolve the claim, dispute, or lawsuit. The arbitration must be conducted on an individual basis and Renter and EVEON agree not to act as a class representative or in a private attorney general capacity in any claim, dispute, or lawsuit. EVEON retains the right to choose not to request to arbitrate any claim, dispute, or lawsuit that Renter brings in small claims court. The arbitration must be brought within the time set by the applicable statute of limitations as established by law. The Federal Arbitration Act (“FAA”) shall govern this arbitration agreement. The arbitration shall be conducted by National Arbitration and Mediation (“NAM”) under its comprehensive dispute resolution rules and procedures for the self-storage industry. The NAM arbitration rules and procedures may be found at www.namadr.com. Renter understands that Renter is entitled to a judicial adjudication of disputes with EVEON with respect to this Agreement and is waiving that right. The parties are aware of the limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. EVEON and Renter stipulate and agree that they have had sufficient time and opportunity to consider the implications of their decision to arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the consequences of entering into this addendum. If EVEON chooses arbitration, Renter shall not have the right to litigate such claim or lawsuit in court or to have a jury trial. Renter is also giving up Renter's right to participate in a class action or other collective action lawsuit or arbitration.

    Both parties retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction. However, any other claims such as derivative claims including, but not limited to, claims under state or federal consumer protection statutes, conversion, negligence, breach of contract, or other violations of state or federal law, must be brought in arbitration.

    1. WAIVER. No waiver by EVEON of any right or provision of this Agreement shall be deemed a waiver of any of the other provisions of this Agreement.

    2. ELECTRONIC SIGNATURE. Renter agrees that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect, and enforceability as if it were made in a non-electronic form. Renter understands and agrees that Renter is electronically consenting to be legally bound by the terms and conditions of this Agreement as if Renter signed this Agreement on paper with ink.

    3. FORCE MAJEURE. EVEON shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, pandemic, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.

    4. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of South Carolina.

    5. SEVERABILITY. If any provision of this Agreement is held by a court to be void or unenforceable, the other provisions shall remain in full force and effect.