Terms of service

By submitting payment for a rental invoice provided, the customer acknowledges and agrees to the lease terms as outlined on our website below and referenced in the invoice. In the absence of a signed lease agreement, payment constitutes acceptance of these terms and conditions in full.

MID-STATE CONTAINER SALES, INC. CONDITIONS OF CONTAINER LEASE AGREEMENT

1. TERM - The terms and conditions of this Agreement shall become effective upon the date of execution of this
Agreement or upon initial receipt of the container and/or initial payment and will continue in effect for the period of time set forth in this Agreement or as long as payment is being made, unless terminated earlier as
provided herein. If Lessee retains possession of the Equipment after expiration of the specified term of this Agreement,
then at the sole option of Lessor, the Agreement may continue from month-to-month on the terms specified herein.
Where this Agreement is initially executed with an unspecified term, or at a later date is continued by Lessor on a
month-to-month basis, the Agreement may be terminated by either party upon thirty (30) days written notice to the
other party. The term "Day" used in this Agreement is a calendar day or any portion thereof.
2. DELIVERY AND RETURN OF EQUIPMENT
a. Lessee agrees to redeliver the Equipment to Lessor in the same condition as received, normal wear and tear
excepted. Changes which could have been prevented by normal maintenance shall not constitute normal wear and
tear.
b. Unless otherwise specified in this Agreement, Lessor or its agents shall deliver the Equipment to Lessee at the
Equipment Site listed on the face hereof, and Lessee will redeliver the Equipment to Lessor at such Equipment Site at
the expiration or earlier termination of this Agreement. Unless otherwise specified in this Agreement, Lessor or its
agents will transport the Equipment to and from the site. Handling, drayage and associated charges shall be invoiced
to Lessee.
3. RENTAL AND OTHER CHARGES
a. Lessee agrees to pay all rental charges in the amounts set forth on the face of this Agreement and all applicable
taxes for the Equipment from the day the commencement date of this Agreement up to and including the day the
Equipment is returned to Lessor.
b. All rental charges shall be payable within 30 days of the date of the invoice. If rental is not paid when due, Lessor
may, without prejudice to any other available remedy, charge as additional rental, a late charge of $25 for each 30 days
late (or the maximum rate permissible by law for any amount not received within 30 days of invoice date).
c. There will be no proration or return of rent in the event the Equipment is surrendered to Lessor prior to the expiration
or earlier termination of this Agreement, or prior to the expiration of the 30-day notice period.
d. If any check is returned for insufficient funds, a charge of 25% of the invoiced amount will be assessed against
Lessee.
e. After the expiration of the initial lease term, or where the Agreement is month-to-month, Lessor may prospectively
adjust the rental charges set forth on the face hereof to Lessor's then prevailing lease rate for such Equipment upon
three (3) days written notice to Lessee. Upon receipt of any such rental rate adjustment, Lessee shall have the right to
terminate Agreement as of the effective date of the proposed rate adjustment provided Lessee gives Lessor written
notice of such termination and redelivers the Equipment prior the effective date of the proposed rate adjustment. If
Lessee fails to give notice of its intention to terminate this Agreement or fails to redeliver the Equipment, the Agreement
shall continue in full force and effect at the new rental rate set by the Lessor.
4. USE OF THE EQUIPMENT
a. Lessee acknowledges receipt of the Equipment in good condition and agrees said condition is satisfactory and
acceptable to Lessee. Lessor has made no warranties, express or implied, including WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PURPOSE with respect to the Equipment, maintenance or repair work.
b. Lessor reserves the right to place upon the Equipment the name and logo of Lessor and registered owner and
Lessee agrees not to remove said name and logo.
c. Lessee shall not apply to the Equipment any markings or signs of any description whatsoever, unless previously
agreed to in writing by Lessor.
d. Lessee shall not repair, repaint, remark or modify the Equipment without prior written approval of Lessor.
e. Lessee shall not store any hazardous, corrosive, contaminating or radioactive products that will soil, stain, taint,
pollute, defile, make foul, infect by contact or association, or expose one to risk or harm of any kind. If the Equipment is
determined to have been used to store any such products, Lessee will be required to purchase the Equipment at 100%
of the replacement value.
f. Lessor shall not be held liable for losses or damages, direct or consequential, to any product left, stored, or loaded
in or upon the Equipment and Lessee hereby agrees to indemnify and hold Lessor harmless from all claims arising out
of any such loss or damage, including loss of profits or other alleged consequential damages.
g. Lessee shall not move the Equipment from the Equipment Site without Lessor's prior written consent.
5. REPAIR AND MAINTENANCE
a. Maintenance - Upon being notified of any changes in the condition of the Equipment which Lessor, at its sole
discretion, shall determine were caused by normal wear and tear, Lessor shall arrange for the necessary repairs and
maintenance to be carried out by a repair facility approved by Lessor. Lessee shall provide and/or procure for Lessor's

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agents reasonable access to the Equipment by Lessor arising out of Lessee's failure to notify Lessor of the need for
maintenance of the Equipment.
b. Damage - Lessor shall inspect the Equipment and notify Lessee of the estimated cost of repairs to the damaged
Equipment, as estimated by a Lessor approved repair facility. Lessee shall promptly forward to lessor payment in the
amount of such estimated repair costs. At Lessor's option, Lessor may either retain such payments without making any
repairs to the Equipment or apply such amounts to the repair of the Equipment in accordance with such estimate. In
the event the actual cost of such repairs, as invoiced to Lessor by the repairing facility, shall exceed such estimated
cost, Lessee shall be obligated to pay such difference on receipt of an invoice for the entire cost for such repair.
c. Loss or Total Damage - If the Equipment is lost or destroyed or sustains damage, which in Lessor's sole discretion,
renders the Equipment a total loss, Lessor shall issue its invoice to Lessee for the Replacement Value of the lost or
destroyed Equipment. Rental charges for Equipment shall continue unabated until Lessor receives payment in full of
the Replacement Value of the Equipment.
6. PREMISES
a. Lessor shall be allowed to enter upon the Equipment Site at any reasonable time to deliver, locate, relocate, recover,
inspect, maintain and repair the Equipment. If Lessee defaults in this obligation, Lessee shall indemnify Lessor against
all loss, damage, costs and expenses which Lessor may sustain due to Lessee's failure to fulfill its obligations under this
section.
b. Lessee warrants that the Equipment Site is suitable for the Equipment and that Lessor's delivery vehicles and
Equipment shall have reasonable access to enter and operate safely to deliver and pick up the Equipment. Lessee
releases and agrees to hold harmless and defend Lessor against any and all claims for damages, costs, claims or
liabilities, both direct and indirect, to the roadways, grounds, building and personal property in or across the site
location, for any other claim associated with on-site delivery or pickup of the Equipment, or for any damages arising
from Lessee's failure to provide a suitable site for the Equipment. If Lessor's vehicles and Equipment cannot operate
safely to deliver the Equipment, or if at the time of delivery, the site is found to be an unsuitable location for the
Equipment, Lessee agrees to pay to Lessor all delivery and pickup charges, all additional handling costs, and the
equivalent of two (2) month's rental charges as liquidated damages with respect to that portion of this Agreement which
Lessee is unable to perform.
c. Lessee shall punctually pay or shall procure the payment of all registration charges, license fees, rent, assessments,
taxes and any other fees or charges payable in respect to the premises upon which the Equipment may be placed or
kept. Upon demand, Lessee will produce to the Lessor the last receipts for all such payments. If Lessee defaults in the
foregoing obligations, Lessor may at its discretion make any or all of such payments and recover the amount thereof
from the Lessee as additional rent hereunder. If any lien attaches to the Equipment, by virtue of Lessee's failure to
comply with this provision, Lessee is obligated to immediately discharge such lien, and shall indemnify and hold Lessor
harmless from any loss or damage arising out of Lessee's failure to promptly discharge such liens.
d. Lessee agrees to comply at its own expense with all state, local, or federal laws, regulations, and ordinances, in
connection with the use, occupancy, operation, possession, maintenance, location or premises upon which Equipment
may be situated, including, without limitation, obtaining all necessary planning consents, placards, licenses, permits, fire
and building approvals. Any failure by Lessee to comply with such laws, regulations or ordinances resulting in Lessee's
inability to perform under this Agreement will constitute a default by Lessee, and will subject Lessee to the costs and
penalties set forth in Paragraph 10 hereunder. Lessor shall have no responsibility for compliance with any such laws,
regulations or ordinances on Lessee's behalf.
e. The Lessee will promptly notify Lessor in writing of any change in Lessee's address from that specified on the face
of this Agreement.
7. INSURANCE
a. Lessee will maintain, at its own expense, adequate property insurance covering the Equipment in an insured amount
equivalent to 100% of the Replacement Value of all Equipment leased hereunder, as stipulated on the face of this
Agreement, and third party liability insurance in an amount and on terms which are satisfactory to Lessor. At the request
of Lessor, insurance certificate to this effect shall be furnished to Lessor. Said insurance shall be maintained by Lessee
until all Equipment leased hereunder is redelivered to Lessor.
b. LESSEE ACKNOWLEDGES AND UNDERSTANDS THAT LESSOR DOES NOT ALLOW AND WILL NOT INURE OR
GUARANTEE AGAINST LOSS OF LESSEE'S PROPERTY STORED IN THE EQUIPMENT, AND LESSOR HAS NO
LIABILITY WHATSOEVER AS TO CLAIMS FOR LOSS OR DAMAGE TO SUCH PROPERTY. LESSEE HEREBY WAIVES
ANY CLAIMS WHATSOEVER AGAINST LESSOR FOR LOSS OF AND DAMAGE TO ANY PROPERTY STORED IN
EQUIPMENT LEASED HEREUNDER OR DAMAGED DURING TRANSPORTATION OF EQUIPMENT.
8. ASSIGNMENT, SUBLETTING, LIENS, ETC.
Lessee shall not sell, assign, sublease, pledge, mortgage, charge, lend, encumber, or part with possession of the
Equipment or create or allow to be created any lien on the Equipment. In the event of any breach of this provision by
Lessee, Lessee shall take all action necessary to have such charge, encumbrance or lien immediately removed and
discharged. If Lessee fails to perform its obligations under this section, Lessor may, at its discretion, pay mind to any

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third party any sum necessary to procure the release of the Equipment from any charge, encumbrance, or lien and to
recover such sum from the Lessee forthwith without obligation on Lessor's part to question the reasonableness of the
charges assessed against the Equipment.
Lessee acknowledges and agrees that all of its rights under this agreement in and to the Equipment, including Lessee's
right to possession of the Equipment, are subordinate, junior and subject to the rights and claims of Assignee, its
successors and assigns, against the Equipment under any instrument, lease, mortgage or title retention or other
security agreement, whether now existing or hereafter created, including but not limited to the right of Assignee to take
possession of the Equipment. Lessee consents and agrees to the assignment to Assignee of all (i) monies due or to
become due to Lessor under the Lease and (ii) all rights and privileges of Lessor under the Agreement. Lessee
promises and agrees to settle all claims against Lessor directly with Lessor and hereby waives, relinquishes and
disclaims as to Assignee all counterclaims, rights of set-off, and defenses Lessee may have against Lessor, including
any right to withhold payment of or to refrain from paying, any monies that are due or to become due under the terms of
the Agreement, except that Lessee shall not be liable to Assignee for monies paid to Lessor in accordance with the
terms of the Agreement prior to the time Assignee notifies Lessee to pay Assignee directly. Thereafter, Lessee agrees
to pay directly to Assignee all monies owing under the Agreement. Lessee represents that, except as stated in the
Agreement, it has not prepaid any rentals or other monies owing under the Agreement, and no deposits have been
made. Lessee agrees and acknowledges that Assignee has not assumed and will not have any obligations or liabilities
under the Agreement to Lessee or to any other person by reason of the aforementioned assignment or otherwise.
Lessee agrees that it will not, without Assignee's prior written consent: (i) prepay rentals or other monies owing under
the Agreement, (ii) modify or amend the Agreement, (iii) assign or sublet its rights under the Agreement or in the
Equipment, (iv) exercise any of its rights under the Agreement which are exercisable only with the consent of Lessor, or
(v) return the Equipment to Lessor, Lessee hereby acknowledging and agreeing to hold the Equipment as bailee for
Assignee for the purpose of perfecting Assignee's lien, title retention and/or security interest in the Equipment as
against Lessor and its creditors. Lessee represents that it has no purchase or renewal option concerning the
Equipment other than as stated in the Agreement.
9. REDELIVERY OF THE EQUIPMENT
a. Lessee shall redeliver the Equipment to Lessor empty of all materials and contents, and in good condition, repair
and working order, broom clean and suitable for immediate reuse by another lessee, ordinary wear and tear excepted.
b. Lessor shall inspect the Equipment upon redelivery by Lessee. If the Equipment is damaged when redelivered to
Lessor, Lessee shall pay to Lessor the cost of all damages together with additional rental charges for the period
necessary to perform related repairs.
c. If Lessee fails to remove its property or to clean the Equipment prior to redelivery to Lessor, Lessor may remove any
property left by Lessee in the Equipment, place such property in storage at the risk and expense of Lessee, and clean
the Equipment. Any additional costs incurred by Lessor to remove, store, or clean the Equipment, will be for Lessee's
account and immediately collected from the Lessee.
d. Any costs or expenses incurred by Lessor in removing property stored in the Equipment prior to pickup and transfer
of possession, including any additional equipment charges and labor, may be Immediately collected from the Lessee.
e. Should equipment not be accessible upon redelivery, Lessee agrees to pay for the transportation costs associated
with the unsuccessful redelivery.
10.DEFAULTS AND REMEDIES
a. If Lessee 1) fails to pay any sum when due hereunder or under any other lease agreement between Lessor and
Lessee, 2) fails to perform any other covenant, condition or any other obligation under this Lease or under any other
Lease agreement between Lessor and Lessee, 3) suffers any distress, execution or other legal process which has the
effect of a levy on any Equipment leased hereunder, or 4) ceases doing business as an ongoing concern, becomes
insolvent, commits an act of bankruptcy or becomes the subject of any proceedings under any state or federal
legislation for the protection of debtors, Lessor may, without notice and without relieving Lessee of its obligations
hereunder, without terminating this Agreement, declare the balance of the rental to be due and payable, deny Lessee
access to the use of the Equipment (Lock Up) free of any claims of Lessee, and charge appropriate fees associated with
the Lock Up and resolution of the Lock Up until such time as the Lessee remedies the item(s) listed above (points 1 to 4)
to Lessor’s satisfaction.
b. If Lessee 1) fails to pay any sum when due hereunder or under any other lease agreement between Lessor and
Lessee, 2) fails to perform any other covenant, condition or any other obligation under this Lease or under any other
Lease agreement between Lessor and Lessee, 3) suffers any distress, execution or other legal process which has the
effect of a levy on any Equipment leased hereunder, or 4) ceases doing business as an ongoing concern, becomes
insolvent, commits an act of bankruptcy or becomes the subject of any proceedings under any state or federal
legislation for the protection of debtors, Lessor may, without notice and without relieving Lessee of its obligations
hereunder, terminate this Agreement, declare the balance of the rental to be due and payable, demand and retake
possession of the Equipment free of any claims of Lessee, and avail itself of any other remedies available to it by
contract, at law or in equity.

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c. If this Agreement is terminated under this paragraph, Lessee shall no longer be in possession of the Equipment with
Lessor's consent, and the rental charges due hereunder shall increase to twice the spot lease rates charged by the
Lessor at the time of termination. Lessor may, without notice, repossess the Equipment, and for that purpose, Lessor,
its agents or employees may, without previous notice, enter the premises on which the Equipment is believed by the
Lessor to be situated and retake possession of the Equipment leased hereunder. Lessee hereby waives any and all
rights to a judicial hearing prior to Lessor's repossession of the Equipment.
d. Lessee shall continue to pay rental charges for the Equipment until (i) the Equipment is redelivered in the same
condition as received, normal wear and tear excepted, or (ii) the Equipment is repaired and fit for subsequent rental, or
(iii) settlement for the Equipment is made. If Lessor retakes possession of the Equipment, Lessee authorizes Lessor to:
1) take possession of any property in, on or attached to such Equipment which is not the property of Lessor, and Lessor
may without liability for its care or safekeeping, place such property in storage at risk and expense of Lessee or 2)
remove any property in, on or attached to such Equipment which is not the property of Lessor, and Lessor may without
liability for its care or safekeeping, place such property on the ground at the Equipment Site.
e. Termination shall not relieve Lessee of any liabilities or obligations incurred prior to such return, repair or settlement
and Lessee shall at all times remain fully liable for reasonable damages as provided by law, and for all costs and
expenses incurred by lessor on account of such default, including all costs to recover the Equipment, legal costs and
reasonable attorneys' fees. Nothing in this paragraph shall be construed to waive any legal, contractual or equitable
remedy or relief available to Lessor.
f. Without in any way limiting the obligations of Lessee under this Agreement, Lessee hereby irrevocably appoints
Lessor as the agent and attorney in fact of Lessee, with full power and authority, at any time when Lessee is obligated
to delivery possession of any leased Equipment to Lessor, to demand and take possession of such Equipment in the
name and on behalf of Lessor, from whomever shall be at the time in possession of such Equipment.
11.LIMITATION OF WARRANTIES AND LIABILITY
a. The Equipment is leased as is. As long as Lessee is not in default of this Agreement, Lessee shall have quiet
possession of the Equipment. Except as to quiet possession, Lessor gives no warranties of any kind whatsoever with
respect to the Equipment, its condition or performance, its merchantability or its fitness for a particular purpose.
b. Lessee's obligations under this Agreement are absolute and shall not be affected by any circumstance or event
beyond Lessee's control of whatever nature.
c. Under no circumstances shall Lessor be liable, in contract, tort or otherwise, for any direct, indirect, special,
consequential or incidental loss or damage arising from breach or non-performance of any of its obligations under this
Agreement, or from the supply or use of the Equipment.
d. Lessor shall under no circumstances be liable for loss or damage of any kind to Lessee's property stored within the
Equipment while in the care, custody and control of Lessee.
12.INDEMNITY
Lessee agrees to indemnify and hold Lessor harmless against any loss or damage Lessor may sustain as a result of any
damage to or loss of the Equipment due to collision, fire, lightning, theft, explosion, flood, windstorm or Act of God, or
any loss, property damage or bodily injury sustained by any other person arising, in whole or in part, from the use or
condition of the Equipment while in the possession of Lessee, or the failure of Lessee to maintain the Equipment as
provided under this Agreement. Lessee agrees to indemnify and hold Lessor harmless from all claims, lien or liability
arising from work performed or for materials supplied in connection with Lessee's maintenance of the Equipment and
from any loss of or damage thereto and from any loss, penalty and expense, including attorney's fees and
disbursement, resulting from work performed or for materials supplied in connection with Lessee's operation or
maintenance of the Equipment and from any loss of or damage thereto and from any loss, penalty and expense,
including attorney's fees and disbursement, resulting from, but not limited to, the storage, maintenance, use, repair,
loading, or unloading of the Equipment and to indemnify and hold Lessor harmless from all fines, forfeitures, seizures,
penalties and liabilities that may arise from any infringement or violation of any such law or regulation by lessee or its
employees.
13.NOTICES
All billings, payments and written notices from either party to the other shall be given in writing to the addresses on the
face hereof, or to such other address as either party shall designate in writing to the other.
14.TAXES, FEES AND FINES
Lessee assumes all responsibility for, and promptly will pay when due all sales and use taxes and other direct taxes
imposed by the U.S. Government, any state government, county, city or other taxing authority for property, excise and
gross receipts, license and registration fees assessed or assessable by a taxing authority and/or allocated by Lessor on
either an individual or prorated basis for the Equipment based on purchase price, value, possession, use situs, rentals,
delivery or operation thereof, but excluding any federal or state taxes relating to Lessor's income. In addition, Lessee
shall pay all costs (including attorney's fees and disbursements) incurred by Lessor in enforcing any of the terms,
provisions, covenants and indemnities provided hereunder.

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15.GENERAL
a. This lease is binding upon the parties, their successors and assigns and shall be construed and interpreted with the
laws of the State of California. Any dispute arising under or in connection with this lease will be exclusively decided by
the competent court in Santa Barbara County, U.S.A., or, at the option of Mid-State Container Sales, Inc. by any other
court that may appear competent to decide such a dispute.
b. The paragraph headings in this Agreement are for convenience only and shall not be deemed to alter or affects any
provision of the Agreement.
c. Lessee waives the exercise of any and all existing and future rights of set-off or counterclaims against the rental
charges or other payments due to Lessor under this Agreement, regardless of the rights and claims which the Lessee
may have against the Lessor or any other party, which rights Lessee agrees to assert in separate proceedings.
d. If any part or provision of this Agreement is found to be invalid or unenforceable, the invalidity or unenforceability of
such part or provision shall not affect the remaining parts or provisions of this Agreement, which shall continue in full
force and effect.
e. Any forbearance by Lessor to enforce its rights under the Agreement in the event of a default by Lessee hereunder
shall not constitute a waiver of Lessor's rights, nor shall forbearance waive Lessor's rights with respect to any other
failure by Lessee to comply strictly with the terms of the Agreement.
f. This agreement contains the entire agreement between the parties and may only be amended, modified or changed
by written agreement, specifically purporting to amend this agreement executed by duly authorized representatives of
parties hereto.