By initialing this paragraph, the Storer agrees to arrange transportation for the Owner (or Nominee) between the Ottawa Airport and the Premises for a fee to be arranged between the parties. Such transportation may be arranged in the Vehicle itself, if such service is negotiated between the parties, in which case, compliance by the Storer shall be contingent upon the compliance by the Owner with the representations set out in the contract.
Owner: _____________________ Canada Classic Car Storage Inc._________________
These Contract Terms form part of and are integral to the Storage Contract.
1. The parties to the contract
The parties to the contract are Canada Classic Car Storage Inc. (the “Storer”) , as occupier of the commercial premises (the “Premises”), the address of which is described in the Storage Contract, and the vehicle owner (the “Owner”) described in the Storage Contract, who owns each vehicle (the “Vehicle”), described in the Storage Contract, and resides at the address set out in the Storage Contract. The Owner may designate one or more persons (the “Nominee”) whom the Owner authorizes to give instructions to the Storer, to collect and remove the Vehicle from the Premises, which Nominee shall be properly identified in the Storage Contract.
The Owner hereby directs the Storer to accept instructions from someone acting under power of attorney for property (POA) or certificate of appointment of estate trustee (CAET). The Owner releases the Storer from any claim or cause of action from the Storer acting upon such instructions without requiring the Storer to authenticate such POA or CAET. The Storer, at its own discretion, may refuse to accept such instructions until satisfactory proof of validity of such POA or CAET.
2. The term of the contract
The contract shall extend from the Start Date to the Termination Date as set out in the Storage Contract.
3. The services contracted
The Owner shall be solely responsible to deliver the Vehicle to the Premises (unless the parties have executed a Drop-Off Rider) on the Start Date, and shall remove the Vehicle from the Premises on or before the Termination Date.
The Owner acknowledges that they are responsible for delivering the vehicle to the correct location. The Owner further acknowledges that they shall be held liable for any penalties incurred from delivering the Vehicle in the wrong location; which penalties may include but are not limited to parking tickets and/or towing of the Vehicle.
While on the Premises, the Storer shall be solely responsible to move the Vehicle within and between Premises. The Storer may move the Vehicle within and between Premises to accommodate access to and movement of other vehicles or for any other reasons dictated by proper management of the Premises. The Vehicle shall be stored at the Premises in a closed building and shall not be exposed to the elements except during movement to gain access to other vehicles or as it enters or departs the Premises.
The Storer does not offer any service other than the simple act of storage of the Vehicle (unless the parties have executed a Drop-Off Rider or have specifically agreed in writing that additional services are requested and agreed to).
The Owner may not use the Storer or Premises for any other purpose, including but not limited to the storage of anything other than the Vehicle, repair or maintenance of the Vehicle, and servicing of the Vehicle.
When the Owner or Nominee attends at the Premises to remove the Vehicle, the Owner is responsible to have the Vehicle removed from the Premises by a licensed adult with zero alcohol or impairing medication. The Storer may refuse to give the Owner the keys where it appears to the Storer that the Owner or Nominee has consumed any alcohol or drug that may impair the ability of the Owner or Nominee to operate the Vehicle. Should the Vehicle remain in the Premises past the Termination Date by reason of the operation of this provision, the Owner shall pay Fees (as defined below) for any part of a month or week in which the Vehicle remains in the Premises.
4. Service fees
The service fee is set out in the Storage Contract (the “Fee”) and may be on a monthly, weekly, or daily basis. The monthly or weekly fee applies for any part of any calendar month or week in which the Vehicle is stored on the Premises. The fee calculated from the Start Date to the Termination Date is payable in advance on the first day of each calendar month or the commencement of the week.
Should the Owner not collect each Vehicle on or before the Termination Date the Owner shall pay to the Storer a fee equal to twice the Monthly Fee for each part of any calendar month that each or any subject Vehicle remains on the Premises.
The Owner shall not be entitled to a refund for removing the Vehicle before the Termination Date.
The Owner acknowledges that there may be additional charges if flights are delayed or cancelled, thereby prolonging the storage time of the Vehicle. This includes additional daily charges as well as any additional drop offs or pick ups.
The Owner acknowledges that additional services are subject to the following fees:
• Boosting fee: $25.00
o If the Vehicle requires its battery to be boosted)
• Incorrect or missing information in Term Sheet: $40.00
o If information is incorrect that leads the Storer to perform additional services (i.e. an additional attendance for pick up or drop off)
• After-Hours Pick up/Drop Off: $40.00 per hour (minimum of 2 hours)
o Premises is open from 4 a.m. to midnight, any delivery of a Vehicle between midnight and 4 a.m. is subject to this fee
• Subsequent Attendances: $40.00
o Any subsequent pick-ups or deliveries requested by the Owner (this includes circumstances in which the Owner forgot something in the vehicle and requires delivery)
• Waiting time: $40.00 per hour
o For pick up or drop off which exceeds a half hour
• Fuel Charge: $25.00 plus cost of fuel
o If the Vehicle is dropped off without adequate fuel (as determined by the Storer)
• Towing/Equipment Charge: $25.00 plus cost of towing/equipment
o If the Vehicle is required to be towed or if other equipment is required to move the Vehicle
The Owner represents to be the owner of each Vehicle, and that each Vehicle is and remains subject of both a license plate/sticker and a valid contract of insurance that covers:
a. Damage occasioned to it by reason of any cause whatsoever.
b. Damage caused by its use, its contents and its equipment, to persons or property.
The Owner hereby authorizes and directs the insurer and insurance broker that issued the certificate of motor vehicle insurance in respect of the Vehicle to communicate with the Storer to provide appropriate evidence of the ongoing insurance coverage applicable to the Vehicle.
The Storer represents that only qualified, licensed and insured operators will move the Vehicle within and between the Premises and that it shall take reasonable precautions to secure the Premises against theft or break-in.
The Owner represents that the Nominee is qualified and licensed to operate the Vehicle and is covered by vehicle insurance maintained by the Owner.
The Owner represents that the Vehicle is in proper working order and that its fluids and other features are either maintained or drained so as to withstand the rigours of Canadian winter conditions. The Vehicle will be or has been delivered to the Premises in a condition fit for storage for the duration of the term of the contract.
The Storer does not warrant or represent to the Owner that the Vehicle is or will remain in working order while in storage. Vehicles on the Premises must be in working condition and no repairs or maintenance may be completed on the property. In the event that the Vehicle is no longer in working condition or is deemed to be in poor working condition by the Storer, the Owner shall be liable for any and all charges incurred by the Storer to move the Vehicle; which charges may include but are not limited to towing, requiring a boost, adding necessary fluid of any kind,
The parties acknowledge that the condition of the Vehicle is accurately reflected in the Damage Description Report signed by the parties and attached to the Term Sheet.
The Owner warrants that the value of the Vehicle is that set out in the Storage Contract. The Owner acknowledges that the Storer will rely on this value for the purpose of insuring its own risks. In the event that the Storer becomes liable for damage caused to the Vehicle, the Owner waives any claim for damages that exceed the value set out in the Term Sheet.
6. Breach of the contract
Under the Repair and Storage Liens Act (the “Act”), the Storer has a lien against each Vehicle stored for an amount equal to the amount agreed upon for the storage of the Vehicle; which lien arises and takes effect when the Storer receives possession of the Vehicle. The Storer may retain possession of the Vehicle until the amount is paid in full. The Storer has the right to sell each Vehicle that is subject to a lien in accordance with the Act upon the expiration of the sixty-day period following the day on which the amount required to pay for the storage becomes due. All amounts due carry interest at the rate of 12% per annum.
7. Confidential Information
The Owner acknowledges and agrees that the Storer may, upon request of a third party, share and disclose personal and confidential information without their consent. These third parties are limited to authoritative bodies which include but are not limited to the Ottawa Airport Authority, Police Departments, CSIS, etc…
8. Limitation of Liability
The Owner acknowledges and agrees that the Storer will not be held liable for loss, damage, or destruction, of any kind, or for any consequential damage arising from such damage, including which may be caused by natural disaster or other cause save that which the Storer could reasonably have both foreseen and prevented.
If the Storer’s fault or negligence is established with respect to such loss, destruction or damage, the Storer’s liability is limited to the lesser of the fair retail used- car value of the vehicle as of the date of this agreement or the value of the vehicle as declared in the Storage Contract.
The Storer is not a mechanic or a maintenance service. The Storer does not undertake maintenance of the Vehicle and assumes no liability for damage due to faulty mechanical condition of the Vehicle or any negligence attributable to the Owner.The Storer is not responsible for damage to luggage or contents of luggage under any circumstance. If the Owner requests assistance of the Storer with handling their luggage, the Owner understands that this is at the risk of the Owner.
The Storage Contract may only be amended if both the Storer and the Owner sign and deliver to each other a revised Storage Contract setting out the new terms of the agreement in full.
The Storer is not responsible for lost or stolen items or property left in the Vehicle. The Owner is strongly advised not to keep any valuable property in the Vehicle.
This Storage Contract, complete with Schedule “A”, constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations, discussions and understandings, written or oral.