The following terms and conditions (“Terms & Conditions”) govern all use of MY STORAGE HERO, a service of Dependable Relocation Services, Inc. (“Company”, “We”, “Our”, “Us”), which is made available to You (“Customer”, “You”, “Your”) only if You accept these Terms & Conditions. If You dispute any of these Terms & Conditions, please let Us know before using Our Services and all disputes will be reviewed on a case by case basis. In the absence of Your dispute of these Terms & Conditions prior to utilizing Our Services in any capacity, You agree to abide by the Terms & Conditions and further waive any rights to dispute these Terms & Conditions both in the present and in the future. Company reserves the right to modify these Terms & Conditions for future Services, effective immediately; such modifications will not retroactively apply to anyone that has already accepted previous Terms & Conditions unless reasonable notice is given, not less than thirty (30) days, to Customer of material modifications.
DEFINITIONS. The capitalized terms herein shall have the following meanings:
- “Agreement” – refers collectively to all terms, conditions, notices contained or referenced in this “Terms & Conditions” and any additional terms, conditions, and notices in future agreements, contracts, and paperwork between You and Company included in both electronic and printed format(s).
- “Charges” – all charges and fees due hereunder, present or future, including without limitation, storage fees, financing charges, late charges, handling charges, charges for storage or transportation (including demurrage and terminal charges), labor charges, minimum charges, or other and any costs or interest associated with the processing of Services requested, Services performed, servicing Your account, and/or Your delinquent account.
- “Company” – Dependable Relocation Services, Inc., a Texas corporation, DBA My Storage Hero, including officers, directors, employees, and authorized agents (“Authorized Agents”) as defined as agents, contractors, subcontractors, and service crewmembers of or representing Company while acting within the scope and course of their employment and/or contract with Company.
- “Facility” shall mean the facility location indicated on the Bill of Lading, Contract, or other paperwork, or any replacement facility location (as described in Section 5), and any truck or other equipment owned or rented, contracted or subcontracted by Company and used to transport Your Goods.
- “Goods” – the personal property and any portion thereof that You have tendered and the Company has taken possession of and that Company will store, pack, handle, transport, or care for, and that is identified on the Agreement, paperwork, inventories, warehouse receipt, and/or Bill of Lading that the Company issues to You pursuant to these Terms & Conditions.
- “Services” – All services provided by Company including pickup, transportation, storage, delivery, packing, handling, and any other services rendered with regards to Your Goods or Your account.
- “You” or “Your” – the Customer, the user, person, firm, corporation or other entity for whom the Goods are stored and to whom the Agreement was between for Services provided by Company and anyone else claiming an interest in the Goods.
ISSUANCE OF Agreement.
- You acknowledge that the Terms & Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, You acknowledge that such consideration includes the use of the Website, Company representatives available to You, data, information, Services offering, and materials used and/or offered in the scope of the Agreement.
- By submitting an order for the MY STORAGE HERO program or as booked with Company in any capacity either verbally, in writing, or electronically, You have requested that Your Goods be picked up, delivered, loaded, handled, packed, and/or stored at the Facility and You have agreed to all of the Terms & Conditions provided herein unless disputed with Company in writing before tendering Your Goods. You acknowledge that the Company is not aware of the actual contents, condition, and quality of Goods that are packed by the owner, or, in any case, not packed by Company. When the Company arrives to pick up Your Goods, the Company may inspect the Goods and may note the condition of the Goods based on their best estimate of the Goods’ condition. You will be bound by the condition noted of the Goods unless You object to such notation within the earlier of 48 hours of receipt of paperwork or time of Services performed.
- The Company will issue You a confirmation of Services via email to the email address You provide at the time of booking Your requested Services. Upon issuance of the confirmation, the Company certifies that the Company has received receipt of Your desire to enter into a contract for Services (“Contract”), which includes Your assent to the Agreement and the inclusion of these Terms & Conditions, unless timely disputed by You prior to Services being performed.
- Any time after delivery of the Goods to the Facility, such Goods shall be delivered to You upon Your request and upon reasonable notice, provided that all storage, handling and other Charges, including minimum Charges, have been paid by You.
- You acknowledge and agree that the Company may subcontract with Authorized Agents to perform any and all Services for You, and You expressly consent to the Company’s use of Authorized Agents to provide the Services to You as described herein. You further acknowledge and agree that Your reservation time when provided prior to Services is only an estimate and that Company reserves the right to modify or delay the service time for Your Goods, and will provide notice to You should delays occur as reasonable and practicable as possible. Company expressly disclaims any liability for any losses incurred by You related to the timing or scheduling of the pick-up of Your Goods. When You wish to schedule Services with Company, You agree that Company will give You best available times and dates and further understand that lead times will typically vary depending on the seasonality of the Company’s business, but will typically be no less than two (2) business days between Your request and performance as a general standard. You should not expect to give Company less than two (2) business days’ notice for Services to be performed, but understand that additional time and/or flexibility may be required depending on the local market’s availability.
- You agree that You are legally able to enter into a Contract and Agreement, are doing so volitionally, are of sound mind to agree to these Terms & Conditions, and that You – or a representative of 18 years or older – will be available at all times Services are tendered by Company. This includes both pickup and/or delivery, as well as for signatures required on paperwork.
TENDER FOR STORAGE.
- Company is unaware of the kind, quantity or value of the Goods stored by You that were packed by You. You assume full responsibility and liability for packing and securing Your Goods for over the road transportation and long term storage if You choose to pack Your Goods. You shall store only personal property that You own or are the authorized agent of the lawful owner and You have full power and authority to enter into the Contract for the storage of those Goods. You shall not store any of the following items (collectively, “Storage Limitations”):
- Food or perishable goods.
- Unusually large and heavy items such as pool tables, pianos, gun safes, heavy steel grills/smokers, and hot tubs.
- Vehicles or aircraft, hovercraft, motor vehicles, engines, and trailers.
- Antiques (100 years or older, whether or not fragile).
- Illegal substances such as drugs, drug paraphernalia, stolen goods, counterfeit goods, or other items concealed from authorities related to legal matters.
- Anything flammable such as lighter fluids, acetone, gasoline, diesel, paints of any kind, kerosene, radioactive materials, flammable briquettes, and propane.
- Any personal property which would result in the violation of any law or regulation of any governmental authority, including but not limited to, without limitation, all laws and regulations relating to Hazardous Materials (including Section 3C), waste disposal and other environmental matters.
- Items that are combustible or expand over time or with changes in temperature such as oxygen tanks or similar containers.
- Construction debris, tires, oil, or batteries, whether new or used.
- Firearms of all kinds including ammunition and any and all explosive items including but not limited to flares, matches, and fireworks.
- Living things of any sort including plants and animals of any kind – Pets, birds, fish, etc…Organic materials that may attract vermin or insects.
- Items that emit fumes and/or odors.
- Items that can rot or breed bacteria such as food products, animal or pet food, fertilizers, pesticides and other items such as bacterial cultures and test samples from live specimens.
- Boxes > 70 pounds or beyond the weight capacity of the box as determined by the Company.
- Liquids of any kind.
- Any item(s) which can, does, or may detrimentally affect anything outside Your box (such as boxes belonging to You or others) or in any way negatively impact the storage Facility.
- Official documents including but not limited to personally identifiable information.
- Appliances must be disconnected, defrosted, thoroughly cleaned, and drained of all water by You prior to pick up. We will not disconnect Your appliances or take appliances that have not been adequately drained or cleaned. If appliances are relocated without You properly servicing or cleaning them, You bear full responsibility for any sort of damages arising out of this, including climatic damage that may occur from time to time from moisture and/or protein(s) being enclosed for an extended period of time. You should be aware that rust, mold, and mildew can grow or be caused to appear inside enclosed spaces such as appliances when they are not used on a regular basis. You can and should insert desiccant packets – or something of a similar nature – to protect against this in addition to thoroughly cleaning and drying Your appliances prior to being relocated. This is SOLELY Your responsibility.
- For purposes of this Agreement, “Hazardous Materials” shall include, but not be limited to, any hazardous, radioactive, or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation. You shall not store Goods that will constitute waste, nuisance or unreasonable annoyance to other customers in the Facility.
- You acknowledge and agree that the Facility is not suitable for the storage of objects which have sentimental value to You or others, including, but not limited to, heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, photographs, and items for which no immediate resale market exists. You agree that the value of any of the foregoing items that You choose to store in violation of this provision shall be limited to the salvage value of the item’s raw materials and Company’s liability will apply as outlined in Section 9.
- Further, You acknowledge and agree not to store the following items: money, bank notes, 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; objects of art; stored value cards and smart cards; manuscripts, personal records, and stamps; jewelry, watches, furs, precious and semiprecious stones; computer software or programs, media or computer data contained on hard disks or drives. You agree not to store Goods that may cause consequential damages or emotional distress to You or others if it were missing, stolen, sold or damaged. If You choose to transport, store, or otherwise tender any of these items to Company, with or without Company’s knowledge, You are on notice that You will be unequivocally and completely retaining full liability for Your actions and Company possesses no liability with regards to these items as they should Never be tendered to Company. We hereby expressly encourage You to keep these in Your sole possession and will again refer You to Section 9 for the maximum liability of Company under this Agreement.
- The Company shall store and deliver Goods in the packages in which they are originally received, unless Company determines that it is necessary for efficient storage or transportation to use different packaging. Company reserves the right to open and inspect any Goods tendered for storage and/or refuse acceptance of any Goods which, in Company’s sole discretion, fail to comply with Company’s storage restrictions and guidelines. Should Company need to repackage any belongings tendered to Company in a manner Company deems inadequate or unsuitable for transport and/or long term storage, You are responsible for any and all costs associated with this Service and will be notified of potential costs prior to Services, if any.
- The Company is only obligated to account for and deliver the Goods identified on the inventories and/or paperwork at the time of pickup. You are responsible to ensure all items are accounted for qualitatively and quantitatively at the time of initial service to avoid disputes after pickup. You are also responsible to ensure all items are received at delivery and agree to notate any and all issues on delivery paperwork and to notify Company in writing within 90 days as outlined in Section 9 and 10 of any claims.
TERMINATION OF STORAGE.
- You may terminate storage of Your Goods at any time by giving notice to Company for delivery of all Your Goods. Notwithstanding the foregoing, You shall only be entitled to delivery of Your Goods if there are no outstanding Charges owing to Company. No monthly Storage Fees shall be prorated or refunded if the termination occurs prior to the end of the three month minimum or, if a six month minimum is selected, no monthly Storage Fees shall be prorated or refunded if the termination occurs prior to the end of the six month minimum. There is a three month minimum with all storage Services (unless a six month minimum is selected) regardless if lesser amounts of time are used. If You exceed three months (or six months, as applicable), storage charges will be prorated for actual days used.
- . Company may, upon written notice as required by law, require the removal of Goods, or any portion thereof, from the Facility upon the payment of all Charges attributable to said Goods within a stated period, not less than 30 days after such notification (or such shorter period as permitted by law). If said Goods are not so removed, Company may sell them as provided by law and shall be entitled to exercise any other rights it has under the law with respect to said Goods.
- If, in the opinion of Company, Goods may be about to deteriorate or decline in value to less than the amount of Company’s lien thereon, or may constitute a hazard to other property or to the Facility or persons, Company may remove or dispose of Goods as permitted by law. You shall pay all Charges related to said removal.
- Company shall store Goods at the Facility at the address identified in the Bill of Lading, Contract and/or on the paperwork presented at time of initial Services.
- Company may, at any time, at its expense, and without notice to You, remove any Goods from any room or area of the Facility to any other room or area thereof.
- Company may, at its expense, remove any Goods from the Facility and store such Goods in a different Facility owned or leased by the Company; Company shall promptly provide You with notice of such relocation.
TERM AND STORAGE CHARGES.
- A breakdown of any and all Charges will always be available to You via email upon Your request and upon a reasonable amount of time to process Your request. Storage Charges commence upon the date that Company accepts care, custody and control of Goods, regardless of unloading date or date the Contract is issued and continues thereafter on a month-to-month basis until terminated. You must pay the Company, in advance, monthly storage fees (the “Storage Fees”) on each Due Date (as defined below) in the amount set forth on the Contract, without deduction, prior notice, demand, invoicing, or billing statement. The date Your Goods are first delivered to Company shall be the initial “Due Date” and subsequent Due Dates shall occur on the monthly anniversary of the initial Due Date or the last day of the month if the corresponding date does not exist in the subsequent month. You will pay any applicable sales and use taxes imposed on any transaction. You will not be entitled to a refund of any prepaid Storage Fees under any circumstances unless a month is beyond the initial three month period (or six month period, if applicable), is being prorated, and has been paid for in advance. The monthly Storage Fees may be adjusted by Company effective the month following written notice by Company to You specifying such adjustment, which notice shall be given not less than thirty (30) days prior to the first day of the month for which the adjustment will be effective. Any such adjustment in the Storage Fees will not otherwise affect the Terms & Conditions or the Contract, which will remain in full force and effect. Time is of the essence with regard to all payment obligations due hereunder.
- The minimum term of Storage Fees is three months (“Minimum Term”), unless a longer minimum term is elected.
- If You provide adequate notice as outlined in Section 2E and If Company has exercised reasonable care and is unable, due to causes beyond its control, to effect delivery before expiration of the current storage period, Goods shall be subject to storage Charges for each succeeding storage period, subject to a daily prorate if beyond the initial Minimum Term.
- The Company shall not deliver or allow You to pick up or receive all or a portion of Your Goods unless all Charges are paid in full, including Storage Fees and any other Charges due prior to the end of the Minimum Term or Actual Charges incurred if in excess of Minimum Term.
- You represent and warrant that all information given to Company and as represented on Your Contract is correct. If any of Your information as provided initially shall change, You shall update Company within ten (10) days of the change either in writing to Company or by updating Your account You created online through Company’s website. The Company reserves the right to require that Storage Fees, fees, and Charges in arrears be paid via credit card provided.
- The Company does not offer refunds. This means that under no circumstance will You be entitled to a refund.
HANDLING AND DELIVERY AND CHARGES.
- A breakdown of any and all Charges will always be available to You via email upon Your request and upon a reasonable amount of time to process Your request. Unless otherwise specified or elected by Company, handling Charges cover only the ordinary labor and duties incidental to pick up and/or delivering of the Goods to or from the Facility during normal business hours, between 8:00 am and 5:00 pm local time, Monday through Friday. Charges are based on the number of vaults used and all are subject to a three month minimum, unless a longer term is elected by You.
- Company may impose a charge in addition to the regular handling Charges for any work performed by Company other than that specified in Section 7(a) at rates which are in effect at the time of Services rendered, a copy of which rates are available upon request at any time. Company shall have a reasonable time to perform Services – to make packing, loading, or delivery arrangements – after Your request for Services is received.
- Other pick up and return handling fees include but are not limited to the following, when applicable, and all rates and fees related to pick-up, handling, supplies, storage and all Services are kept in a tariff that will be updated from time to time at the office of Company and will be made available to You upon request:
- Packing Services – Charges for packing customer items in boxes includes both boxes and labor and are per-box charges, itemized by type as follows:
- 1.5 cubic feet box (Small)
- 3.1 cubic feet box (Medium)
- 4.5 cubic feet box (Large)
- Mirror Carton
- Mattress (Single)
- Mattress (Double)
- Mattress (Queen/King
- Mattress (Crib)
- Flat Screen Television Carton
- Additional pick ups.
- Additional deliveries.
- . Unpacking is not a service normally provided under this program. If any unpacking becomes necessary for any reason (including to comply with Section 9(b) at your request), the charge will be the hourly charge listed below for additional labor.
- Additional labor charges will apply as necessary and/or as requested per man per hour.
- Vehicle charges should not apply under any normal scope of dispatch as these will be included in the pickup and delivery rates, but should a separate vehicle charge become necessary and/or as requested, the rate will be per vehicle per hour.
- Debris Removals will not be a service provided under this program. You own all boxes and are responsible to retain and/or dispose of these as appropriate and in compliance with all applicable laws.
- Fuel Surcharges will not apply under this program unless the DOE National U.S. Average for diesel fuel reaches a threshold of $3.00 per gallon, at which point these terms, the local tariff, and/or online pricing may be modified for a fuel inclusion.
- All pricing includes front-door service and/or availability of all items within reasonable reach of Our crew(s) upon arrival to the origin facility. Additional charges will exist should items not be immediately available and/or require additional effort to pick-up or deliver as follows:
- Elevator charge – per vault per pickup or delivery.
- Long Distance Carry – The first 75 feet between the transport van and origin or estination facility are included. For each 100 feet, or portion thereof, beyond the first 75 feet, the charge will apply per vault per pickup or delivery.
- Stair Carry – The first 8 steps of any facility is included in the pickup and/or delivery fee(s). For each set of stairs beyond the initial 8 steps on the exterior of a single or multi family home or the interior of a multi-story multi-family dwelling, an additional charge per vault per pickup or delivery will apply.
- No pianos (other than electronic keyboards) or safes will be allowed under this program.
- No oversize items will be allowed under this program. If the items do not fit inside a storage vault or is deemed hazardous to store inside of a vault due to weight concerns, the item will not be accepted by Company.
- Valuation is provided at $0.60 per pound per article under local transportation and warehouse liability, at all times, a combined total coverage of $0.60 per pound per article. Enhanced coverage is offered at a rate of $6.00 per pound per article up to $2,500 per vault maximum.
- Third Party Charges. Advanced Charges, such as third-party charges, will become necessary if requested by You for additional services not performed by Company. Examples of such items could include specialty crating, appliance servicing, or any type of specialty service not included in normal pick-up or delivery fees. If these become necessary, pricing will be quoted for specialty services upon Your request. Note, Company will not perform specialty services that require a specialty company, nor will Company accept additional responsibility for items that should be serviced by a specialty company prior to being taken by Company.
- All instructions and requests for delivery of Goods are received subject to satisfaction of all Charges, liens and security interests of Company with respect to Goods whether for Storage Fees, accrued Charges and fees or otherwise.
- The Company requires at least two (2) business days advance notice for all delivery orders and Services requested by You (as outlined in section 2E), provided, Company may require additional time to deliver and/or Service Your Goods in certain circumstances.
- The Company does not permit You to access items at the warehouse facility under any condition.
- The Company is able to return items to locations within 50 miles of the Facility (“Service Area”). The Company is unable and shall not be responsible to deliver Your storage items to a location or address outside of that defined Service Area under this program.
LATE CHARGES AND FEES. DEFAULT.
- A breakdown of any and all Charges will always be available to You via email upon Your request and upon a reasonable amount of time to process Your request. In the event You fail to pay Storage Fees by the 14th day after the Due Date or the earliest date permitted by applicable law, You shall pay, in addition to any other amounts due, a late charge equal to the lesser of $10.00 on each such occasion or the maximum amount allowed by applicable law. You will also be responsible for all of Company’s costs for collection, including, but not limited to, court costs, filing fees and attorneys’ fees.
- One time delinquent account admin fee, levied on 14th day $10.
- Monthly delinquent account admin fee (from 30th day past due onward) $10.
- No show at delivery or pickup appt $100.
- Lien fee 1 – after 31 days (whether or not sale occurs) – $25.
- . Lien fee 2 – After 60 days (whether or not sale occurs) – $50.
- Lien sale/auction Admin Fee – $100.
- In the event Company commences a lien sale as a result of Your default in the payment of Storage Fees or other Charges due hereunder, in accordance with Section 12 hereof, You shall pay, whether or not a lien sale occurs, all costs and expenses incurred by Company associated with processing the delinquent account, including advertising and mailing fees, plus a lien handling charge of up to $100.00.
- In the event You are delinquent in the payment of Storage Fees or other Charges, You authorize Company to charge Your credit card provided, without Your signature, for such Charges owed by You to Company. Company shall have no liability to You for Charges applied to Your credit card by Company in good faith. See Section 19 for additional Payment information.
- All Charges other than Storage Fees are due and payable immediately. All Charges not paid within 14 days from the due date are subject to an interest charge, from the date said charge or fee became due until paid, at the maximum amount allowed by law or 1.5% per month, whichever is greater.
- In the event You need to cancel or reschedule Your pick-up or delivery date or time, You shall provide the Company notice by 3:00 PM Your local time the day prior to Your scheduled pickup or delivery day. In the event You do not provide such prior notice, the Company reserves the right to charge You, and you agree to be charged, a cancellation fee of $100.00.
- The occurrence of any one or more of the following shall constitute default (“Default”):
- Failure to pay any sum due hereunder within 14 days of when due – OR
- Breach of any provision of this Agreement.
- The occurrence of any event of Default will give the Company the following options, in addition to any other option listed in this Agreement:
- Company may demand Customer pick up Goods.
- Company may deliver Goods to Customer’s last available address on record with Company at Customer’s expense for handling and delivery, prepaid.
- Sell the Goods as outlined in Sections 4, 8, and 12.
- Terminate this Agreement where Company shall recover all costs and damages suffered by reason of such termination.
- Exercise any and all rights available to Company under law
- The Exercise of any available rights and/or remedies by Company will NOT incurliability to Customer or anyone claiming rights through Customer. The exercise of rights shall not prevent Company from subsequent exercise by Company of any other remedies herein provided or as allowed by other means. All remedies are cumulative and may be exercised alternatively, successively, or in any other manner and are in addition to any of the rights provided by law. Company shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with enforcement of this Agreement.
LIABILITY AND LIMITATION OF DAMAGES. INDEMNIFICATION.
- Company shall only be liable for failure to use ordinary care subject to the maximum values set forth in this Section 9. Company shall not be liable for any loss or destruction of or damage to Goods, however caused, unless such loss, damage or destruction resulted from Company’s negligence or failure to exercise such care in regard to Goods as a reasonably prudent and careful company would exercise under like circumstances. Company is not liable for damages which could not have been avoided by the exercise of such care. In addition, You release Company from any responsibility for any loss, liability, claim, expense, damage to Goods or injury to persons that could have been insured against. You expressly agree that the carrier of any insurance obtained by You shall not be subrogated to any claim You have against the Company.
- The Company is not responsible for any fragile articles injured or broken, unless packed by its Authorized Agents or employees and unpacked by them at the time of delivery. The Company will not be responsible for mechanical or electrical functioning of any article such as but not limited to pianos, radios, phonographs, television sets, clocks, barometers, refrigerators or air conditioners or other instruments or appliances whether or not such articles are packed or unpacked by the Company unless, at customer’s sole expense, Customer provides evidence from a qualified expert that determines in writing that damages were the sole result of Company mishandling. Further, coverage shall not extend to pairs and sets. Each article will be evaluated on its own merits without regards to being a part of a larger pair or set. Even if repair or replacement is impracticable without replacing a pair or set, Company’s maximum liability will be $0.60 per pound per article damaged unless enhanced valuation coverage is selected, in which case Company’s maximum liability will be $6.00 per pound per affected article up to a maximum of $2,500 per vault.
- No liability of any kind shall attach to this Company for any damage caused to the Goods by inherent vice, moths, vermin or other insects, rust, fire, water, changes in temperature, fumigation, mold, mildew, or deterioration. Customer acknowledges and understands that normal deterioration and aging of stored Goods occurs with time.
- Company’s duty of care referred to in Section 9(a) does not extend to providing a sprinkler system at the Facility complex or any portion thereof. Company shall not be required to store Goods in a heated, air-conditioned, or humidity-controlled environment. The Company’s definition of “Climate-Controlled” is an environment where measures are taken to avoid the peaks and lows in temperature experienced outside. The airflow, moisture, and heat cannot be regulated. Because Your items will not be stored in a complete Climate Controlled and Humidity Controlled environment, We cannot guarantee that mold or similar microorganisms may not develop on Your property. We are not liable for growth of mold, mildew, or similar microorganisms. You assume the risk that mold or similar microorganisms could grow and/or develop and, if this occurs, this does not give rise to an event for which a claim will be honored. Furthermore, Company does not and cannot represent or warrant that any warehouse Facility or storage container is fireproof or that the contents of the warehouse Facility, including Your Goods, cannot be destroyed by fire. Company will Not and shall Not provide a watchman and Failure to provide a watchman shall not constitute negligence of Company.
- STANDARD COVERAGE: IN THE EVENT OF LOSS OR DESTRUCTION OF OR DAMAGE TO GOODS FOR WHICH COMPANY IS LEGALLY LIABLE, THE COMPANY’S LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING: (1) THE ACTUAL COST TO YOU OF REPAIRING, REPLACING, AND/OR RESTORING THE LOST, DAMAGED, AND/OR DESTROYED GOODS, OR (2) $0.60 PER POUND PER ARTICLE FOR SAID LOST, DAMAGED, AND/OR DESTROYED GOODS UNLESS ENHANCED COVERAGE IS SELECTED, IN WHICH CASE COMPANY’S MAXIMUM LIABILITY WILL BE THE LESSER OF THE ACTUAL COST TO YOU OF REPAIRING, REPLACING, AND/OR RESTORING THE LOST, DAMAGED, AND/OR DESTROYED GOODS, OR $6.00 PER POUND PER AFFECTED ARTICLE UP TO A MAXIMUM OF $2,500 PER VAULT. CLAIMS MAY BE SETTLED BASED ON THE WEIGHT OF THE IMPACTED ARTICLE MULTIPLIED BY EITHER $0.60 OR $6.00 PER POUND DEPENDING ON THE COVERAGE ELECTED (UP TO OUTLINED MAXIMUMS, AS APPLICABLE) WITH THE WEIGHT OF THE ARTICLE BEING DETERMINED BY REASONABLY AVAILABLE SOURCES OR INDUSTRY STANDARD GUIDELINES. THIS COVERAGE SHALL APPLY TO ALL GOODS AND THE REMEDIES SET FORTH IN THIS SECTION 9 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF COMPANY’S OBLIGATIONS SET FORTH IN THIS SECTION 9.
- The Standard Coverage or Enhanced Coverage, as elected by You, in Section 9e shall apply to Your Goods while such Goods are in the care, custody and control of the Company both in transit and in storage. The Company’s liability referred to in Section 9 shall be Your exclusive remedy against Company for any claim or cause of action whatsoever relating to loss and/or destruction of and/or damage to Goods for which Company is legally liable for through Company’s negligence and shall apply to all claims including shortage and mysterious disappearance claims. You waive any rights to rely upon any presumption of conversion imposed by law. All liability and coverage for Goods under Section 9 shall cease upon the earlier of the expiration or termination hereunder; or the date that such Goods are returned. Company shall not be liable under any circumstances for Goods that are prohibited under Section 3.
- IN NO EVENT SHALL COMPANY BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS CONTRACT AND THESE TERMS & CONDITIONS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN, DIRECT, OR WITHIN THE SCOPE OF RISK, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY UNDER THIS CONTRACT AND THESE TERMS & CONDITIONS INCLUDING, BUT NOT LIMITED TO, COMPANY’S LIABILITY UNDER SECTION 9 OF THIS CONTRACT AND THE TERMS & CONDITIONS, EXCEED THE TOTAL AMOUNT PAID TO COMPANY BY YOU PURSUANT TO THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
- You agree to indemnify, defend and hold harmless Company (its affiliates, parents, subsidiaries, service providers, Authorized Agents, consultants, and each of their respective directors, employees, and 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, Your breach of any obligations hereunder.
- These Terms and Conditions set forth each Party’s entire liability and entire obligation to each other and each party’s exclusive remedy for any action that is brought against the breaching party
NOTICE OF CLAIM AND DISPUTE RESOLUTION.
- Company shall not be liable for any claim of any type whatsoever for loss or destruction of or damage to Goods unless such claim is presented, in writing or electronically, within a reasonable time, not exceeding 90 days from either: the date of delivery, expiration of this Agreement, or after a reasonable amount of time has elapsed in the case of failure to make delivery as requested. Failure to file a written claim within 90 days will result in a forfeiture of and waiver of any claim. However, the Company shall not be liable for damage or loss to premises at Your residence, Your office or other place serving as the origination location of a pickup or the terminal location of a delivery unless notification is given to Company of premises damages within 48 hours of alleged occurrence of damage and damage is noted on paperwork at time of occurrence. If damage is not noted on paperwork at time of occurrence, all claims for Real Property damage ( to residence or facility) will be denied. Furthermore, the Company shall not be liable for: concealed damage to Goods of pack by owner (“PBO”) cartons unless external carton damage is noted at the time of delivery and confirmed on the delivery paperwork, pairs or sets – each article is its own claim and cannot be attributed to a pair or set for damage(s) reimbursement, or mechanical and/or electrical malfunction(s) in the absence of proof as validated by an independent qualified expert as instructed in 9b.
- Any claim submitted must include enough facts to identify the shipment and must describe the type of claim and request a specific type of remedy. Shipping documents may be used as evidence to support a claim but cannot be substituted for a written claim. A claim submitted by someone other than the owner of the Goods must be accompanied by a written explanation of the claimant’s interest in the claims.
- If a dispute arises between You and the Company concerning the Company’s Services or lost or damaged Goods or any other matters relating to, or arising under, these Terms & Conditions, You agree to contact Company to resolve the dispute in good faith. If You and Company are unable to resolve said dispute in good faith, You further agree to the following:
- For Claims purposes for Goods, You should contact the Texas Department of Motor Vehicles (TxDMV), Enforcement Division, via the toll-free consumer helpline as listed on the department’s website. Additionally, You have the right to request mediation from TxDMV within 30 days (excluding Sundays and nationally recognized holidays) after any portion of the claim is denied by the carrier, the carrier makes a firm settlement offer that is not acceptable to the claimant, or 90 days has elapsed since the carrier received the claim and the claim has not been resolved. The TxDMV will deny a request for mediation made more than 120 days after the carrier received the claim. Additionally, the TxDMV will deny a request for mediation if the carrier did not receive the claim within 90 days after the delivery of the shipment to the final destination or within 90 days after a reasonable time for delivery has elapsed in the case of failure to make delivery.
- As a condition precedent to initiating mediation, making any claim and/or filing any suit, You shall provide Company with a reasonable opportunity to inspect the Goods which are the basis of Your claim (Company has a right to Inspect items being claimed within 30 days of receipt of claim form pursuant to §218.61 of the Texas Administrative Code). You agree that any such controversy or dispute shall be mediated on an individual basis, and shall not be consolidated in any mediation or arbitration with any claim or controversy of any other party, nor shall mediation, arbitration, or suit on a class action basis be permitted.
- For all other disputes, You agree that the Parties will undertake to use reasonable efforts in good faith to resolve any other dispute arising under this Agreement. Any dispute not resolved among the Parties within thirty (30) days from the commencement of the dispute shall be submitted to mediation with an agreed mediator located in Dallas County, Texas. If no agreement on a mediator is reached within forty (40) days from the commencement of the dispute, the Parties agree to petition AAA Mediation Services to provide a list of five qualified mediators with experience presiding over claims substantially similar to those involved in the dispute. Within five days of receiving the list of qualified mediators, each Party shall submit to AAA Mediation Services a numerical ranking of their preference as between these five mediators. The highest mutually ranked mediator shall preside over the Parties’ dispute.
- NO MEDIATION, ARBITRATION, LAWSUIT OR OTHER ACTION MAY BE MAINTAINED BY YOU OR OTHERS AGAINST COMPANY WITH RESPECT TO THE GOODS UNLESS A TIMELY WRITTEN CLAIM HAS BEEN MADE AS PROVIDED IN SECTION 10(a) AND UNLESS YOU HAVE PROVIDED COMPANY WITH A REASONABLE OPPORTUNITY TO INSPECT THE GOODS AS PROVIDED IN SECTION 10(b) AND UNLESS SUCH MEDIATION, ARBITRATION, LAWSUIT, OR OTHER ACTION IS COMMENCED WITHIN NINETY (90) DAYS AFTER YOU LEARNED OR REASONABLY SHOULD HAVE LEARNED OF THE LOSS AND/OR DESTRUCTION OF AND/OR DAMAGE TO THE GOODS. YOU AGREE TO WAIVE ANY RIGHTS TO A JURY TRIAL FOR ANY CLAIM MADE AGAINST COMPANY.
- Payment of Charges – Payment of all Charges shall be handled separately from payment of or filing of any claims, shall be required prior to the settlement of any claims, and one shall not be used to offset the other unless otherwise agreed upon by both the Company and Customer.
- In the event any items are determined to be unaccounted for at time of delivery, You shall submit a written claim for such items and Company shall perform a Trace for such items.
- Company shall have a minimum of 20 business days after receipt of claim form from a delivery order in which to locate any misplaced Goods.
Company does not insure Goods and the storage rates do not include insurance on Goods. You have the responsibility to obtain and maintain insurance on Goods equal to the actual full value of the stored Goods against loss and damage. Please note that valuation as outlined and provided by Company in Section 9E is NOT insurance. Valuation is a level of protection offered by the Company against Company negligence and cannot replace your obligation to have insurance on Your Goods.
WAREHOUSEMAN’S LIEN; REMEDIES; INDEMNITY.
- You represent and warrant that You are lawfully in possession of the Goods and have the right and authority to contract with Company for the Services contemplated by this Agreement relating to those Goods. You agree to indemnify and hold Company harmless from all loss, cost and expense (including reasonable attorneys’ fees) which Company pays or incurs as a result of any dispute or litigation, whether instituted by You or others, respecting Your right, title or interest in the Goods covered by this Agreement.
- On Goods in Company’s possession, Company shall have a general warehouse lien for any unpaid Charges and associated expenses. Company shall not permit any lien or other encumbrance to be placed against the Goods while they are in Company’s possession other than its general warehouseman’s lien
- You hereby irrevocably designate and appoint Company as Your true and lawful attorney-in-fact to take any and all actions as Company may deem necessary or desirable in order to realize upon the Collateral. All acts of said power of attorney are hereby ratified and approved and the Company shall not be liable for any mistake of law or fact made in connection therewith. This power of attorney is coupled with an interest and shall be irrevocable so long as any amounts remain unpaid on any of the Obligations. Company shall not be under any duty to exercise any such power of authority.
- In the event You are in default hereunder, or at any time thereafter, subject only to prior receipt by Company of payment in full of all Obligations then outstanding, Company shall have all of the rights and remedies described herein, and Company may exercise any one, more or all of such remedies at its sole discretion. In furtherance of the foregoing, Company may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein, or otherwise available to it, all the rights and remedies of a secured party on default under the Uniform Commercial Code in any applicable jurisdiction (the “UCC”) or any other applicable law.
- Each right, power, and remedy of Company as provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Company, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Company of any or all such other rights, powers, or remedies.
WAIVER – SEVERABILITY.
- Company’s failure to insist upon strict compliance with any provision of the Contract, including these Terms & Conditions, shall not constitute a waiver of or estoppel to later demand strict compliance thereof and shall not constitute a waiver of or estoppel to insist upon strict compliance with all other provisions of the Contract.
- In the event any section of the Contract, including these Terms & Conditions, or any part thereof shall be declared invalid, illegal and/or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining sections shall not, in any way, be affected or impaired thereby.
Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Contract and these Terms & Conditions, for any failure or delay in fulfilling or performing any term of this Contract and these Terms & Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company, including, without limitation, acts of God, flood, fire, earthquake, tornado, hurricane, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers ability or inability or delay in obtaining labor, equipment, supplies of adequate or suitable materials, materials, or telecommunication breakdowns or power outages, or other causes beyond the control of the Company.
You represent and warrant that now and throughout the term of storage You are either (i) the lawful owner of Goods which are not subject to any lien or security interest of others; or (ii) the authorized agent of the lawful owner and You have full power and authority to enter into the Contract, have all right and authority to store the Goods at the Facility, and the Goods are not subject to any lien or security interest.
NOTICES. CHANGE OF CONTACT.
All written notices from the Company to You may be transmitted by any commercially reasonable means of communication, including via e-mail and/or to You at the last known address provided. You are presumed to have knowledge of the contents of all notices transmitted in accordance with this Section within five days of transmittal. All written notices from You to the Company shall be directed to Company at the physical address first provided in the Contract. You agree that You are responsible to immediately notify Company should You change Your email address or mailing address. Company is Not responsible for insufficient communications, which could lead to default, if You do not notify Company of change.
RELEASE OF YOUR INFORMATION.
Company is authorized to release any information regarding You and Your Goods as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
NO REPRESENTATIONS OR WARRANTIES.
Company disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Goods and the Facility. Company makes no assurances or guarantees regarding the time of pick-up or delivery of Your Goods.
Payment will ONLY be accepted via Credit card. Other forms of payment will not be accepted (including, but not limited to, cash, check, cashier’s check, or money order). You will be required to keep a credit card on file for Your order through a secure link on the website that you will receive at the time of placement of Services and/or account creation. This card will be charged for the initial pickup and first month of storage and then at each monthly interval for storage as will be accrued. Storage will only be charged for the upcoming month, at the beginning of every month, unless delivery is requested prior to the three month minimum, at which point the remainder of storage will be charged. Delivery ees will be charged to the same credit card prior to delivery out of storage. Any additional fees (packing, access fees, etc…) will be charged at time of service to same credit card put on file by You. If You commit to a 6 month term, storage will be charged in the same manner as outlined above, but with a 6 month minimum term. You can receive delivery of Your items at any point prior to the expiration, but will be charged for the 6 month minimum term if committed to. A valid credit card MUST be kept active by You to maintain Your account in good standing. This is Your responsibility.
GOVERNING LAW, VENUE.
This Agreement, the entire relationship of the Parties, and any litigation between the Parties (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. The parties agree that the sole venue for legal actions related to this Agreement shall be the state and Federal courts situated in and for Dallas County, Texas.
ASSIGNMENT; SUCCESSION; THIRD PARTY BENEFICIARIES.
Company may assign or transfer this Agreement without Your consent and, after such assignment or transfer Company shall be released from all obligations hereunder occurring after such assignment or transfer. All of the provisions hereunder shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and permitted assigns of the parties hereto. The Contract and these Terms & Conditions are 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. Notwithstanding the foregoing, any agent of the Company is a third party beneficiary hereunder, and has the right to enforce its provisions directly against You.
The Agreement, Contract and these Terms & Conditions set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto.