Equipment: {{assetsLeaseAgreement.join(', ')}}
Agreement Date: 03/31/2023
Delivery Address: {{ selectedAddress.name }}, {{selectedAddress.street}}, {{selectedAddress.city}}, {{selectedAddress.state}}, {{selectedAddress.zip_code}} Select an address
Monthly Rent: ${{ totalRental }} + tax
Shipping Charge: ${{ pickupCharge }}
Pickup Charge: ${{ pickupCharge }}
Customer: {{user.name}}
Company: {{user.company_name}}

Rental customers and their agents (“Customer”), by entering into this rental agreement with ModuGo, LLC (“MODUGO”), accept and acknowledge these terms and conditions (“Agreement”) and agree to be bound hereby.

RENTAL/TERM. Customer is agreeing to enter into a month to month rental agreement with MODUGO, beginning on the Agreement Date and continuing through the end of the last billing cycle during which the Customer has possession of the unit(s) being rented, listed above as “Equipment”. The monthly terms will automatically renew for successive terms until notice of termination/request for pickup of the equipment is completed by the Customer AND equipment is removed from the Customer’s property/location.

RENT. Rent is payable on the day of the month on which the container was delivered. If delivery was completed on the 29th, 30th or 31st of a given month, the rent is payable on the last day of the month as applicable. If the unit does not require delivery, rent will be payable on the day of the month of the initial checkout. Payments will be made automatically via the payment method provided to MODUGO at the time of checkout. Customer agrees and authorizes MODUGO to charge the provided payment method each month as set forth herein. In the event that a payment method is unsuccessful on the payable date, Customer is responsible for providing an updated valid payment method. Payments more than 5 days late are subject to a 10% late charge. The parties further agree: (a) paying rent is absolute and unconditional; (b) Customer may not set-off payments, and the obligation to pay rent is not altered due to defect, destruction or damage from any cause; (c) Customer is responsible for all applicable taxes; (d) Customer will pay for all utility services.

WARRANTY. For 1 year from the date of checkout, MODUGO will correct or repair major structural integrity defects in the units that would make them less than Wind & Watertight. The determination of whether a defect renders a unit less than Wind & Watertight shall be made by MODUGO in its sole discretion. This limited warranty extends only to the repair or replacement of the unit itself. This limited warranty does not extend to Customer’s responsibilities for defects and duties to maintain doors, handle mechanisms, plumbing, electrical, mechanical and/or aesthetic components of the Equipment. This limited warranty does not apply to any costs, repairs, or services if the Equipment has been damaged or in any way altered due to abuse, misuse, negligence, accident, vandalism, or pest infiltration, if corrective work is due by repairs made by anyone other than MODUGO, or if Customer fails to report defective parts or conditions within 5 days of discovery. MODUGO disclaims all other warranties, express or implied, including without limitation warranties of merchantability, fitness for particular purpose or usage of trade. MODUGO shall not be liable for any form of consequential damages for breach of this warranty or Agreement. Lessee’s sole remedy against Lessor is limited to the actual costs of repair. The customer acknowledges and agrees that MODUGO is in no way liable for damages to any personal property within the Equipment and hereby expressly waives any claims for such damages regardless of the nature or type of such damages or fault.

TITLE. itle to the Equipment will always remain wholly with MODUGO or its affiliates and fulfillment providers. Customer will not permit liens or encumbrances thereon. The Equipment is personal property and will never be affixed to the premises where it is located. Customer may not assign this agreement or sublet without MODUGO’s written consent. With 24 hours e-mail notice, except in emergent circumstances, MODUGO may inspect the Equipment. Customer may not relocate Equipment or remove any MODUGO or other insignia from the Equipment.

USE. Customer’s receipt and use of the Equipment constitutes acceptance of the unit(s) condition as free from defects and in good repair and working condition. Customer shall notify MODUGO of any defects in writing to support@modugo.com within 48 hours of delivery to the Customer’s location. Customer will use the Equipment in a careful and proper manner complying with all laws and regulations. Customer will not use or store hazardous materials in the Equipment. Customer is responsible for all permitting and represents and warrants to being the lawful owner or has the owner’s permission for use and occupancy at the Equipment’s location. Customer is responsible to ensure that the Equipment is being used legally and in conformity with all local, state, and other applicable laws, ordinances, rules, statues or other regulations.

INDEMNITY. Customer will indemnify and hold MODUGO, its successors and assigns, harmless from any claims, losses, costs or expenses (including attorneys’ fees) alleged or sustained by Customer’s employees, guests, patrons or third parties and/or resulting from a breach of these terms and conditions, including, but not limited to, claims of property damage, liens or encumbrances, death and/or bodily injury, caused in whole or in part by Customer’s use, operation, maintenance, condition or alteration of the Equipment or Customer’s failure to comply in any respect with this Agreement. These indemnity obligations shall survive the termination of this Agreement.

REPAIRS/MAINTENANCE. Customer will maintain the Equipment in good repair and condition, reasonable wear and tear excepted, at its sole cost and expense. Customer must obtain MODUGO’s approval for Equipment repair, and work must be completed in a good and workmanlike manner. Customer will compensate MODUGO for any damages caused by approved or unapproved work and/or failure to maintain the equipment as set forth in this agreement.

LOSS OR DAMAGES. Any loss or damage to the contents stored or placed in the Equipment by Customer is wholly the responsibility of the Customer. Customer bears the entire risk of loss and damage to the Equipment or its contents from any cause whatsoever. If such damage occurs to the Equipment itself, Customer shall, at MODUGO's option, (i) repair the Equipment to good repair and working order; (ii) replace with like Equipment; or (iii) pay MODUGO the greater of the Equipment’s book value or fair market value.

INSURANCE. As evidenced by certificates of insurances, Customer will procure and keep in full force during the rental term(s), insurance coverage equal to or greater than the unit replacement cost. Customer will also maintain general liability insurance including sufficient coverage for premises, operations, contractual liability, broad form property damage, independent contractors and personal injury liability. You will provide, upon request, a Certificate of Insurance naming MODUGO as loss payee and additional insured on the above referenced policies. These policies shall be acceptable to MODUGO in its sole discretion and provide for 30 days notice to MODUGO prior to cancellation or modification. If Customer fails to deliver, or keep in effect, the insurance certificates required by this Agreement, at MODUGO’s option, MODUGO may obtain such insurance on behalf of Customer and charge Customer the total cost of obtaining such insurance plus a $25 monthly administrative fee for acquiring and carrying the insurance. In the event the necessary insurance is not obtained by Customer, any loss relating to the Equipment shall remain the sole responsibility of the Customer.

DELIVERY & RETURN OF EQUIPMENT. Customer will pay for the Equipment’s delivery and return costs at the time of initial checkout. Customer is responsible for site preparation, delivery clearance and accessibility subject to MODUGO’s approval. Customer is responsible for additional charges incurred by MODUGO or its contractors and assigns for unacceptable site preparation and inaccessibility. If delivery or pick-up is attempted but the Equipment is not accessible or ready, Customer is liable for MODUGO’s delay costs and expenses. MODUGO is not responsible for any damages of any kind due to a delay in delivery of the Equipment for any reason. Once pickup of the Equipment has been requested by Customer, MODUGO may at its discretion, leave the equipment at Customer’s property until pickup can be completed at a time convenient for MODUGO. MODUGO has no liability whatsoever for any consequential or incidental damages, costs or expenses arising from the Equipment, this Agreement or any other factor.
The Equipment is to return in good condition and repair, ordinary wear and tear excepted. All damage, return and unpaid rent must be paid in advance of return of the units. Customer will not perform any tear down or return activities and/or services. Equipment with accessories, attachments or other items missing, Equipment requiring repairs of any kind, or requiring restoration to original specifications may remain on rent at MODUGO’s sole discretion until replacements, repairs or restorations have been made or paid for by Customer in a manner acceptable to MODUGO. Any changes, alterations, or improvements immediately, upon their completion, become MODUGO's property without compensation to Customer.

DEFAULT, REMEDIES & BANKRUPTCY MATTERS. MODUGO may terminate this Rental Agreement at any time and without notice. The following will constitute a Default of this Agreement: failure to comply with the terms of this Agreement; if a bankruptcy reorganization or insolvency proceedings are threatened or instituted; or MODUGO has a reasonable belief of an anticipatory default by Customer. MODUGO has right to exercise any one or more of the following remedies in the event of a default:(a) to terminate the Agreement and declare the entire amount of rent and damage assessments immediately due and payable; (b) to take possession of the Equipment, without demand, notice or court, and Customer waives all damages occasioned by such taking; and/or (c) to pursue any other remedy at law or in equity. In the event MODUGO exercises its right to repossess the Equipment, Customer grants MODUGO access to the property where the Equipment is located and permission to enter day or night, remove locks, disconnect attached utilities and repossess Units. If a Unit is repossessed, you approve MODUGO to remove contents or exercise its contents lien and you will have no claim for damaged contents. Customer grants MODUGO a lien in all contents and proceeds thereof to secure payment of the damages in the event of default under this Agreement. Customer agrees to pay all costs of collection including, but not limited to, reasonable attorney’s or collection agency fees. Repossession shall not relieve you of your obligation to pay charges owed. No remedy set forth herein is exclusive and shall be in addition to any remedy herein or otherwise available to MODUGO.

MISCELLANEOUS. This Agreement and the www.modugo.com Terms of Service (incorporated herein by reference) are the entire agreement between the parties, and the Agreement can only be modified in writing executed by both parties. MODUGO may assign pledge or transfer this Rental Agreement without your consent. MODUGO’s failure at any time to require strict performance by Customer with any of the provisions hereof does not constitute a waiver by MODUGO or diminish MODUGO's right thereafter to demand strict compliance. This Agreement is governed by and interpreted under the laws of the State of Michigan. This lease may be instituted or signed by electronic means. Written notices are to be delivered to the Customer’s delivery address or addresses set forth in the Terms of Service and may be sent via email to satisfy any notice provisions.