This addendum (“Addendum”) to the applicable rental agreement between Customer and Company (the “Agreement”) establishes and clarifies the contractual liabilities of each party regarding: (i) damage to Customer’s contents (“Contents”) stored in a Unit, and (ii) damage to a Unit when it is not in Company’s possession. Capitalized terms not otherwise defined herein shall those meanings ascribed to them in the Agreement.
REPRESENTATIONS, WARRANTIES AND DUTY TO INSURE: As limited herein, Company (i) assumes responsibility for damage or loss to Contents other than specific excluded property as provided herein (“Covered Property”) from certain covered losses and shall be liable for loss to Covered Property in excess of a $2,500 deductible for damage caused by Named Storms (as assigned by the World Meteorological Organization) and $100 for all other specified events, and (ii) assumes responsibility for purchasing such insurance as Company deems necessary to insure or financially back these obligations. Company shall only be responsible for damages occurring during such period(s) for which the Customer has paid Company all required rental, transport, storage and/or service fees due. In consideration for Company assuming responsibility for damage and purchasing insurance to protect Covered Property from such damage, the additional fees assessed against Customer for Contents Protection reflects the additional costs to Company for providing Contents Protection for the benefit of Customer.
COVERAGE PERIOD: Coverage commences upon execution of the Agreement and continues until the earlier of: (i) the expiration or termination of the Agreement, (ii) the date that the Unit is returned to Company, (iii) non-payment of any fees due to Company for Contents Protection and/or under the Agreement, or (iv) the termination of Contents Protection in accordance with the terms provided herein.
COVERAGE TERRITORY: Company only covers loss occurring in the United States of America State of Michigan. Coverage extends while the Unit is at Customer’s departure or arrival destinations, in the course of transit, or located at Company’s Facility in Port Huron Twp.
PROPERTY NOT COVERED: Notwithstanding any other provision herein, Company does not assume any liability for loss or damage to the following types of personal property: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious metals and pewter; stored value cards and smart cards; manuscripts, personal records, passports, tickets and stamps; jewelry, watches, furs, precious and semiprecious stones; firearms; animals; aircraft, hovercraft, motor vehicles and engines, trailers; property not owned by Customer or for which Customer is not legally liable; computer software or programs, media or computer data contained on hard disks or drives; and any property not permitted to be stored in the Unit as provided elsewhere in the Agreement.
COVERED CAUSE OF DAMAGE: Company will only pay for loss to Covered Property resulting from: Fire or Lightning; Windstorm or Hail but not loss caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the Unit causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening; Explosion; Riot or Civil Commotion; Aircraft or Vehicles; Smoke; Vandalism and Malicious Mischief; Weight of Ice, Snow or Sleet; Accidental Discharge or Overflow of Water or Steam from plumbing, heating, air conditioning or automatic fire protective sprinkler system; Falling Objects, but only if the roof or an outside wall of the Unit is first damaged by the falling object; Burglary (excluding on-site storage customers or while the Unit is in the possession of the customer), with evidence of forcible break in and entry; Collapse of the Unit or of a building onto the Unit but only if the collapse was caused by a covered cause of loss; Federally Certified Acts of Terrorism (but not to include acts of chemical, biological and nuclear terrorism); Collision, upset or overturn while the Covered Property is in transit to or from a Facility or the Customer’s designated location or at the Customer’s origination or destination location; and any negligent acts by Company or Company’s representatives in the handling of the Unit.
EXCLUSIONS: Company does not assume liability for damage caused directly or indirectly by any of the following; regardless of any other cause or event contributing concurrently or in any sequence to loss: (1) Damage caused by improper packing, normal shifting or intentional acts; (2) Ordinance or law regulating demolition, clean up or removal of pollutants; (3) Earth Movement, meaning: earthquake, land shock, waves or tremors; volcanic eruption; landslide, mudslide and mudflow including earth shrinking, rising or shifting; or earth sinking, sinkhole collapse, subsidence, rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty; Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface; (4) Water Damage, meaning: flood, surface water, waves, tidal water, overflow of a body of water, or their spray, all whether driven by wind or not; or mudslide or mudflow; water or water-borne material which backs up from a sewer or drain or which overflows or is discharged from a sump, sump pump or related equipment; or water or water-borne material under the ground surface, including water which exerts pressure on, flows, seeps or leaks through a foundation, wall, floor, ceiling, porch, sidewalk, driveway, swimming pool, paved surface, basement, door, window or other opening; (5) War, civil war, insurrection, military action, discharge of any biological or chemical agent or a nuclear weapon, nuclear reaction, radiation, or radioactive contamination; (6) Intentional Acts by or at Customer’s direction with the intent to cause loss or damage; even if the person committing the act is insane, intoxicated or otherwise impaired; (7) Destruction, confiscation or seizure of property by order of any governmental or public authority; (8) Presence, growth, proliferation or spread of mold, fungus, wet rot, mildew, bacteria, rust, corrosion, dampness, dryness, contamination, spoilage, decay or any expense for testing, monitoring, abatement, mitigation, removal, remediation, restoration, neutralization, detoxification or disposal of such; (9) Wear and Tear, marring and scratching, deterioration, hidden or latent defect; nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; (10) Chemical, biological and nuclear terrorism and acts other than Federally Certified Acts of Terrorism; (11) Loss occurring prior to or after the Coverage Period; (12) Loss occurring prior to or after termination of the Agreement; (13) Burglary for on-site storage customers or while the Unit is in the possession of the Customer; (14) Mechanical/Electrical derangement; and (15) Damage caused by repossession of a Unit by Company due to Customer’s failure to pay Rent or any other amounts due Company hereunder.
DUTIES IN THE EVENT OF LOSS: Customer must see that the following are done in the event of loss or damage to Covered Property: (1) Notify the police if a law may have been broken. (2) Give Company or its Insurer, 30 days from date of discovery, not to exceed 30 days from the final pick up date of the Unit, notice of the loss or damage including a description of the property involved. (3) 30 days from date of discovery, not to exceed 30 days from the final pick up date of the Unit, give Company or its Insurer a description of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the Covered Property from further damage, and keep a record of expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase Company’s liability. However, Company will not be responsible for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. (5) Customer will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense without Company’s consent. (6) As often as may be reasonably required, permit Company or its Insurer to inspect the property proving the loss or damage and examine Customer’s books and records. Also permit Company or its Insurer to take samples of damaged and undamaged property for inspection, testing and analysis, and to make copies from Customer’s books and records. (7) Company or its Insurer may examine Customer under oath, while not in the presence of any other Customer and at such times as may be reasonably required, about any matter relating to the claimed loss, including Customer’s books and records. In the event of an examination, Customer’s answers must be signed. (8) Send a signed, sworn proof of loss containing the information requested to settle the claim. Customer must do this within 60 days after such request. Company or its Insurer will supply Customer with the necessary forms. (9) Immediately send copies of any demands, notices, summonses or legal papers received in connection with the claim or suit. (10) Cooperate in the investigation or settlement of the claim.
SETTLEMENT OPTIONS: Company’s liability shall not exceed the lesser of the following amounts after deduction of any amounts paid by a third party, and less the applicable deductible: (1) the depreciated replacement cost; (2) Customer’s interest in the Covered Property; or (3) limit of coverage secured by Customer. The deductible per loss is: $100 except $2,500 for Named Storms (i.e., name or number assigned by the World Meteorological Organization). For the avoidance of doubt, the selection of coverage amount secured by Customer is on a per-order basis (as opposed to on a per-container basis). Accordingly, Customer should select a limit of coverage that covers all of the Customer’s Contents stored in any and all Units ordered by Customer. If Customer’s selection of coverage secured by Customer (or Declared Value) is less than ninety (90%) of the replacement cost, all loss settlement payments shall be reduced proportionately based upon the relationship that the Customer’s Declared Values bears to ninety (90%) of the replacement cost. If property is recovered for which Company or its Insurer have made payment, Company is to be notified of such recovery. At Company’s option, Company may retain such property but there shall be no abandonment of property to Company. If there is damage to Covered Property caused by more than one loss, each loss shall be adjusted separately, and the applicable deductible amount shall be applied separately to each loss. At Company’s option, Company may pay the loss in money, or may repair or replace the damaged or stolen Covered Property. In the event of a total loss, Company may require assignment of title. In case of loss or damage to any part of a pair or set Company may: repair or replace any part to restore the pair or set to its value before the loss or damage; or pay the difference between the value of the pair or set before and after the loss or damage. In case of loss or damage to any part of Covered Property consisting of several parts when complete, Company will only pay for the value of the lost or damaged part. “Replacement Cost” means the cost of reasonably restoring that property to its condition immediately before loss or damage, or the cost of replacing that property with substantially identical property.
LOSS PAYMENT: Company or its Insurer will give written notice to Customer of Customer’s evaluation of damages and liability within 30 days after receipt the sworn proof of loss. Company will not be liable for more than each party’s financial interest in the Covered Property. Payment shall be made to Customer as loss payee unless the Covered Property is identified as owned by others. Company or its Insurer will adjust losses with owners of lost or damaged property if other than Customer. If payment is made to owners, such payment will satisfy all claims against Company and its Insurer for owners’ property. Owners will not be paid more than their financial interest in the Covered Property. Company’s Insurer may elect to defend Customer against suits arising from claims of owners of property at the Insurer’s expense. Payment for covered loss or damage shall be within 30 days after receipt of the sworn proof of loss if there has been compliance with all the terms set forth herein and the parties have reached agreement on the amount of the loss or an appraisal award has been made. Company will not be liable for any part of a loss that has been paid or made good by others.
APPRAISAL: Either party may request in writing an independent appraisal of the amount of loss in accordance with the terms of the insurance policy.
RECOVERED PROPERTY: A party must give the other prompt notice if any property is recovered after loss settlement. At Customer’s option, property will be returned to Customer. Customer must then return to Company the amount paid for the property. Company will pay recovery expenses and the expenses to repair the recovered property, subject to the limits herein.
RIGHT TO RECOVER FROM OTHERS: If any person or organization to or for whom Company makes payment has rights to recover damages from another, those rights are transferred to Company to the extent of any payment. That person or organization must do everything necessary to secure such rights and must do nothing after loss to impair them. Company shall not exercise right of recovery against Customer or their insurers.
CONCEALMENT, MISREPRESENTATION OR FRAUD: Company is relieved from all responsibility and liability in any case of fraud, intentional concealment or misrepresentation of a material fact, at any time, concerning any claim or Customer’s interest in the Covered Property.
REASSUMING LIABILITY: With advance written notice, Customer may reassume liability for damage to their Contents at any time.
TERMINATION: Non-payment of any applicable fees for Contents Protection or any other fees charged by Company under the Agreement for its services and/or products will result in the immediate termination of Contents Protection and negate any obligation or liability being assumed by Company under this Addendum. Company shall have the right to terminate Contents Protection at any time, at Company’s sole discretion, upon providing Customer no less than 60 days advance written notice. Termination of Contents Protection shall not terminate the Agreement.
COMPANY OBLIGATIONS INSURED: This Addendum is not an insurance policy. Company is not soliciting or selling insurance to Customer. Company and Customer are agreeing that the Company shall buy insurance protecting the interests and liabilities of both the Company and the Customer. Customer shall be Loss Payee for all claims and an Additional Insured under the policy where required by law. Although Company and Company’s Agents may share information about the insurance policy purchased by the Company with Customer, Customer understands that Company and Company’s Agents are not an insurance company or insurance agents. Company has not explained any coverage or assisted Customer in making any decision to purchase any particular insurance policy. Company is not making any representations about the coverage provided by such insurance policy. Company’s agreement to assume responsibility for and obtain insurance protecting Customer’s contents from loss is not an insurance transaction. Customer may choose to obtain supplemental insurance from their own homeowner’s or renter’s carrier or Customer may elect to be “self insured.”
CONTAINER PROTECTION: Container Only Option Protection (or COO), as further described in the Agreement, is included as part of the Contents Protection coverage set forth herein.
TO REPORT DAMAGES: To report damages, call: 810-434-1692. A representative will be available to assist Customer between the hours of 7:00 am and 4:30 pm Eastern time; otherwise, Customer will have the option of leaving a detailed message to which Customer can anticipate a response within 24 – 48 business hours.