Terms and Conditions
The customer “consumer-bailor” and boxU LLC “the company” agree to the following terms and conditions:
1. OWNERSHIP OF PROPERTY:
The consumer-bailor has represented and warranted to the company that he or she is the legal owner or in lawful possession of the property and has the legal right and authority to contract for services of all of the property tendered, upon provisions, limitations, terms and conditions herein set forth and that there are no existing liens, mortgages or encumbrances on said property. If there be any litigation as a result of the breach of this clause the consumer-bailor agrees to pay all charges that may be due together with such costs and expenses including attorney’s fees which the company may reasonably incur or become liable to pay in connection therewith and this company shall have a lien on said property for all charges that may be due them as well as for such costs and expenses.
(a) It is agreed that the company shall have a general lien upon any and all property deposited with it or hereafter deposited with it to secure the payment of the pre-agreed storage charges. All goods deposited upon which storage or shipping charges and all other expenses are not paid when due, will be sold by the company to pay said accrued charges and expenses, after 30 days written notice to the consumer-bailor.
(b) The company shall have a further lien for all monies advanced to any third parties for account of the consumer bailor.
(c) Accounts are due at the time of pick-up. Your $10 deposit is for reserving your storage space and securing delivery of bins. If the balance is not paid within 2 weeks of pick up, the company will place a $25 late fee charge per every two weeks, until the final balance is paid. The consumer-bailor cannot collect their property until the complete balance is paid. Any cancellation after the consumer-bailor receives bins from company will result in their deposit being forfeited.
3. LIABILITY OF THE COMPANY:
(a) The company when transporting to or from the facility for permanent storage acts as a private carrier only, reserving the right to refuse any order for transporting and in no event is a common carrier.
(b) This contract is accepted subject to delays or damages caused by war, insurrection, labor troubles, strikes, Acts of God or the public enemy, riots, the elements, floods, street traffic, elevator service or other causes beyond the control of the company.
(c) The company is not responsible for any fragile articles injured or broken, unless packed by its 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, stereos, television sets, clocks, computers, refrigerators, microwaves, air conditioners, or other instruments and appliances whether or not such articles were packed or unpacked by the company.
(d) No liability of any kind shall attach to the company for any damage caused to the goods by inherent mice, moths, vermin or other insects, rust, fire, water, changes in temperature, fumigation, or deterioration.
(e) Unless a greater valuation is stated on the front of this contract, the consumer-bailor or owner declares that the damage in case of loss or damage arising out of storage, transportation, packing, unpacking, fumigation, cleaning or handling of the goods and the liability of the company for any cause for which it may be liable for each or any piece or package and the contents thereof does not exceed and is limited to $100 per lost or damaged box, plastic container, or individual item, unless another amount is declared on the invoice receipt. The consumer-bailor or owner having been given the opportunity to declare a higher valuation without limitation in case of loss or damage by any cause, would make the company liable to pay the higher rate based thereon. The company’s liability may be increased on all of the goods stored, at the time of the signing of this contract.
4. ADDRESS AND CHANGE:
It is agreed that the address of the consumer-bailor of goods for storage is as given on the front side of this contract and shall be relied upon by the company as the address of the consumer-bailor until change of address is given in writing to the company and acknowledged in writing by the company and notice of any change of address will not be valid or binding upon the company if given or acknowledged in any other manner.
5. FILING OF CLAIM NOTICE:
(a) As a condition precedent to recovery, a claim must be in writing supported by a paid freight bill and filed with the company within 1 week of the delivery of the goods. No action may be maintained by the consumer-bailor against the company either by suit or arbitration to recover for claimed loss or damage, unless commenced within 1 month next after the date of delivery by the company.
(b) The company shall have the right to inspect and repair alleged damaged articles.
6. CORRECTION OF ERRORS:
The consumer-bailor agrees that unless notice is given in writing to the company within 7 days after the receipt of the inventory list accompanying the warehouse receipt and made a part thereof including any exceptions noted thereon as to the condition of the property when received for storage, the inventory list shall be deemed to be correct and complete.
7. ENTIRE AGREEMENT:
The contract represents the entire agreement between the parties hereto and cannot be modified except in writing and shall be deemed to apply.