TERMS AND CONDITIONS OF

PERSONAL PROPERTY STORAGE

 

THESE TERMS AND CONDITIONS OF PERSONAL PROPERTY STORAGE (“Agreement”) sets forth the terms and conditions upon which Small Vault LLC, a Nevada limited liability company (“Company”) will provide storage services to you and to any additional person referenced in the order confirmation (the “Confirmation”) issued by the Company (“Customer”). Customer accepts this Agreement when Customer does any of the following: (a) electronically acknowledges, accepts and/or agrees to this Agreement on or through Company’s website; (b) provides a written or electronic signature; (c) attempts to or in any way uses the services of Company; (d) provides goods to Company for storage; or (e) pays for any services of Company. This Agreement shall apply to all present and future services provided by Company to Customer and all present and future orders made by Customer, including, but not limited to, storing one or more Property Packages (whether Classic or Deluxe– defined below). The parties hereto agree as follows:

 

STORAGE, SHIPPING. Customer has or will retain Company’s services to store personal property in a “Property Package” to be stored at Company’s storage facility in Reno, Nevada or such other storage facility as Company utilizes (“Facility”).  Company offers two tiers of Property Packages: “Classic” (weighing no more than 10 pounds; “Deluxe” (weighing no more than 20 pounds).  It shall be Customer’s sole obligation to safely and properly pack, weigh and ship the Property Package to the Facility for storage. Upon acceptance of the Terms and Conditions of this Agreement, and the payment of the required storage fees for the Classic or Deluxe Property Packages, Company will ship a container or box (i.e., the Property Package) to Customer to be filled, packed and weighed by Customer and shipped back to Company.  Company shall pay the charges for shipping the Property Package to Customer and for its return to Company once packed and weighed by Customer, so long as the Property Package created by the Company is utilized and the initial payment for storage is greater than $160.00.  Shipping and handling of the return/recovery of the Property Package at the end of the storage term will be at Customer’s sole cost and expense.  By proceeding to pack and ship a Property Package to Company, Customer acknowledges and agrees that Customer has inspected the Property Package and is satisfied of the soundness of the Property Package and agrees to use care in packing the contents sent to Company by the Customer.

TERM. Company has issued or will issue a Confirmation of Customer’s order that sets forth the agreed upon pricing of Company’s storage services including other specifics of such order. The storage period commences upon the execution of this Agreement and continues thereafter for the term contracted by Customer until terminated as provided herein (the “Term”).  Unless otherwise terminated as provided herein or unless Customer provides prior notice of its intention not to renew or to renew for a different length of time, this Agreement shall automatically renew for the same period as the initial Term. Customer must pay the Company all storage fees in advance, plus any applicable taxes, in the amount set forth on the Confirmation or invoice, without deduction, prior notice, offset or demand. Customer will not be entitled to a refund of any prepaid rent. Customer understands and agrees that Company does not waive its lien rights on the property stored in the Facility. All payments shall be made and cleared through the Company’s website. Company’s acceptance of any payment shall not constitute an agreement or acceptance of any conditions or terms imposed by Customer or under which Customer may have tendered said payment.

FEES, LATE CHARGES, ETC.  Customer shall be the fee charged at initial checkout adjusted for any discounts granted as the fee for the initial term of the contract.  In the event Customer defaults on any obligation of payment, Customer shall pay, in addition to any other amounts due: (i) interest on the unpaid storage fees until paid in full (including post-judgment) at a rate of 10% per annum; and (ii) a late charge equal to the pro-rated monthly rental amount plus $10 per month until they either extend the Term or arrange for the return of their Property Package plus Customer will be responsible for all of Company’s costs of collection, including, but not limited to, court costs, filing fees, non-taxable litigation expenses and attorneys’ fees. Upon renewal, termination or in the event Customer is delinquent in the payment of the storage fees or other charges due under this Agreement, including without limitation, financing charges, late charges, handling charges and costs associated with the processing of Customer’s delinquent account and the cost of shipping Customer’s property back to Customer (collectively, “Charges”), Customer authorizes Company to charge Customer’s credit card account, without the signature of Customer, for such Charges owed by Customer to Company, even if Customer has selected another method of payment as the preferred method. Company shall have no liability to Customer for charges applied to Customer’s credit card account so long as such Charges are applied by Company in good faith.

 

LIMITS ON USE.  Customer understands and agrees that Company need not be concerned with the kind, quantity or value of personal property or other goods stored by Customer in the Property Package pursuant to this Agreement and acknowledges that, in fact, Company does not know, and has no reason to know, the contents, condition or quality of the items in the Property Package.  Customer specifically acknowledges, represents and agrees: (a) that the Property Package will be used for personal property storage only; (b) the Customer is the lawful owner of the goods being stored and that it has the right and authority to store the goods at the Facility and to thereafter direct the release/return/delivery of the goods; (c) that it will, if asked, provide Company with information about the stored goods that is accurate, complete and sufficient to allow Company to comply with all applicable laws and regulations; and (d) that Customer assumes full responsibility and liability for packing Customer’s property in the Property Package which will be stored in the Facility (and for securing Customer’s property for over the road transportation).  Customer shall not store material in the Property Package which will in any manner constitute or create the potential for injury to others or to the Facility.  Customer acknowledges and agrees that the Property Package and the Facility are not suitable for the storage of objects of substantial value, including, but not limited to precious, invaluable or irreplaceable property such as, without limitation, valuable works of art, collectibles, jewelry Customer agrees not to store such items with Company.  Customer agrees that the value of any of the foregoing items that Customer chooses to store in the Property Package in violation of this provision shall be limited to the salvage value of the item’s raw materials.  Further, Customer acknowledges and agrees not to store the following items in the Property Package: living organisms, food or perishable items, hazardous, illegal, stolen, environmentally harmful, operable firearms or ammunition, explosive or flammable property, money, precious metals, jewelry, furs, computer software, media or computer data contained on any medium.

CUSTOMER’S RISK AND LIABILITY / INSURANCE OBLIGATION.  Company will make reasonable and good faith efforts to protect the Property Package, but, is not an insurer of the Property Package.  Customer personally assumes all risk of loss or damage to or theft of Customer’s property stored in the Property Package in the Facility however caused, including, without limitation, burglary, mysterious disappearance, fire, water, rodents, insects, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omissions or negligence of Company or Company’s Agents. Customer specifically acknowledges that Company shall not be liable for any damage to or loss of Customer’s property for any reason. CUSTOMER MUST PURCHASE INSURANCE FOR ANY PERSONAL PROPERTY STORED IN THE PROPERTY PACKAGE. SUCH INSURANCE IS AVAILABLE THROUGH MOST INSURERS.  Customer agrees to insure the actual full value of the stored property against loss and damage.

LIMITATION OF LIABILITY. COMPANY AND COMPANY’S AGENTS ARE NOT LIABLE FOR ANY DAMAGE TO, LOSS OF OR THEFT OF, PERSONAL PROPERTY STORED IN A PROPERTY PACKAGE HOWEVER CAUSED. Customer expressly agrees that the carrier of any insurance obtained by Customer shall not be subrogated to any claim of Customer against Company or Company’s Agents. CUSTOMER WAIVES ANY CLAIM FOR EMOTIONAL OR FOR SENTIMENTAL ATTACHMENT TO CUSTOMER’S PROPERTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES, LOST PROFITS AND DIMINUTION IN VALUE THAT MIGHT OTHERWISE BE AVAILABLE TO CUSTOMER.  COMPANY’S TOTAL, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY REASON, INCLUDING FROM DAMAGE TO OR LOSS OF CUSTOMER’S PROPERTY, SHALL NOT EXCEED $200. THE PARTIES HEREBY AGREE THAT IT WOULD BE EXTREMESLY DIFFICULT TO CALCUALTE THE AMOUNT OF CUSTOMER’S LOSS AND THUS THE PARTIES HEREBY AGREE THAT THE DAMAGE LIMIT IN THE PRECEEDING SENTENCE REPRESENTS A FAIR AND REASONABLE ESTIMATE OF THAT LIKELY LOSS. The remedies set forth in this section 6 shall be Customer’s sole and exclusive remedy and Company’s entire liability under this Agreement.

 

INDEMNITY. Customer shall indemnify, defend and hold harmless Company, its affiliates and agents, and each of their respective directors, officers, members, managers, employees, agents and representatives (collectively, “Company’s 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 any of  breach of Customer’s obligations pursuant to this Agreement.

 

DISPOSAL OF PROPERTY IN PROPERTY PACKAGE.   SIXTY DAYS AFTER THE EXPIRATION OF THE TERM OF THIS AGREEMENT, IF CUSTOMER HAS NOT PAID RENEWAL CHARGES, Customer agrees that the Property Package shall be deemed abandoned by Customer and Customer authorizes Company to remove such property from the Facility and either dispose of it in any manner in Company’s sole discretion and without liability to Customer or retain such property as collateral for payment of the removal charges and/or any other amounts due Company.  Company will have no duty to safeguard Customer’s property once abandoned, and the parties hereby waive the application of any laws to the contrary.

NO REPRESENTATIONS OR WARRANTIES. Company hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Property Package and the Facility, including any warranties of merchantability or fitness for a particular use or purpose. Customer hereby acknowledges and agrees that Company does not represent or guarantee the safety or security of the Property Package or the Facility or of any property stored therein and this Agreement does not create any contractual duty for Company to create or maintain such safety or security.

RIGHT TO OPEN AND INSPECT PROPERTY PACKAGE. Customer hereby grants Company, Company’s Agents or the representatives of any governmental authority, including police and fire officials, the right to open and inspect the Property Package and its contents whether to preserve Property Package or to protect the Facility, or to comply with applicable law including any applicable local, state or federal law or regulation governing hazardous materials or to enforce any of Company’s rights or for any other reasonable purpose.

TERMINATION. Company may terminate this Agreement and/or any order at its sole discretion, for any or no reason, effective immediately upon written notice to Customer and returning any unearned storage fees and the Property Package. Customer may terminate this Agreement and/or any order at any time giving 15-days’ advance notice to Company and such termination shall be effective as of the last day of the Term.  Notwithstanding any provision to the contrary in this Agreement, no storage fees shall be prorated or refunded if the termination by Customer occurs prior to the end of the agreed Term.  Customer shall be solely responsible for all costs and risks of return shipping at the conclusion of the storage relationship – regardless of how or by whom the Agreement is terminated.

DEFAULT. The following events shall be deemed to be events of default by Customer under this Agreement: (a) Customer fails to pay any installment of the rent due under this Agreement; (b) Customer fails to comply with any term, provision or covenant of this Agreement, other than the payment of rent, and does not cure such failure within five (5) calendar days after written notice thereof to Customer; or (c) Customer abandons the Property Package or its contents.

REMEDIES UPON EVENT OF DEFAULT. If an event of default shall occur and so long as such default shall be continuing, Company may at any time thereafter at its election: (i) deny Customer access or return of the Property Package until full payment is made, (ii) immediately terminate this Agreement by giving notice to Customer, (iii) open the Property Package and take possession of the Customer’s property stored in the Property Package without being liable for prosecution or any claim of damages, (iv) CHARGE CUSTOMER ALL EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY COMPANY THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY CUSTOMER, and/or (v) pursue any other remedies provided for under this Agreement or at law or in equity. In the event that Company takes possession of the Property Package and its contents, Customer hereby waives claims for trespass and/or conversion and agrees that Customer shall not hold Company liable for, and hereby expressly waives, any damage or loss to Customer’s property arising from or relating to said repossession.

NOTICES. Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served, or served via UPS or similar overnight delivery service or may be served by certified mail (return receipt requested) or certificated mail, deposited in the United States mail with postage thereon fully prepaid and addressed to the party to be served at the address of such party provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered (or the date of attempted delivery from an overnight service), or if sent via certificated mail, shall be deemed delivered two days after deposit into the United States mail. In addition, Company may communicate with Customer and provide Customer with any written notices required by applicable law or authorized under this Agreement via electronic mail if Customer has provided the Company with an electronic address.

GOVERNING LAW; CLAIM DEADLINE; ASSERTING CLAIMS; VENUE; JURISDICTION; WAIVER OF JURY TRIAL. This Agreement shall be governed and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles. Customer agrees that it will notify Company of all claims for loss or damage no later than the earlier of sixty (60) days from the Customer’s initial discovery of the claim or default or sixty (60) days following the expiration or termination of this Agreement, and failure to do so will result in the forfeiture of said claim and forever bar such a claim.  Any claims by Customer arising under this Agreement (whether under contract, tort or some other theory) must be: (A) filed in the relevant court within 180 days from the earlier of: (i) Customer’s initial discovery of the claim or default; or (ii) after the expiration or termination of this Agreement (with the failure to timely file being an absolute bar to the claim(s)); and (B) brought in the state courts located in Washoe County, Nevada, and the parties hereby agree to the exclusive venue in, and jurisdiction of, said courts. Customer hereby waives any objection to the jurisdiction and venue of such courts. If Company is the prevailing party in any legal action arising under or related to this Agreement, Company will be entitled to its reasonable attorneys’ fees, court costs and non-taxable litigation expenses, including those incurred on appeal and in collection, as to that part of the litigation for which it prevails.  Customer and Company each hereby agree to waive their rights to a jury trial for any and all claims in any way relating to or arising from this Agreement OR THE RECEIPT, STORAGE AND RETURN OF CUSTOMER’S PROPERTY (whether under contract, tort or other theory).

ASSIGNMENT; SUCCESSION; THIRD PARTY BENEFICIARIES. Customer shall not assign the ownership or control of the Property Package or any portion thereof without in each instance prior written, signed notice to Company and the prior written consent of Company, and under no circumstances may Customer assign or delegate its obligation to pay Company under this Agreement. Company may assign or transfer this Agreement without the consent of Customer and, after such assignment or transfer, Company shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. This Agreement is 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 under or by reason of this Agreement. Notwithstanding the foregoing, Company may assign its rights and obligation to any acquiring entity and said entity will thereafter stand in place of Company in all contractual relations with Customer.

MISCELLANEOUS. In the event Customer shall change Customer’s place of residence or alternate address, or email address or telephone number, Customer shall give Company written notice of any such change within ten (10) days of the change, specifying Customer’s current residence, alternate address and telephone numbers. Failure to provide forwarding information in writing to Company releases Company of any damages that might occur in the event that the Property Package must be removed or in exercising Company’s remedies upon an event of default. Company assumes no responsibility and will make no attempts to locate Customer if such information has not been provided. Company shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control or the occurrence of a force majeure. Company may make changes to the terms and conditions of this Agreement from time to time by either making the updated agreement available through Customer’s online account or by mailing the updated agreement to Customer’s last known address 30 days prior to changes. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth herein, and no representative of Company or Company’s Agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein. No covenant, term, or condition of this Agreement shall be deemed to have been waived or amended by Company unless such waiver or amendment is in writing and signed by Company; no waiver or amendment shall arise or be implied from Company’s conduct, verbal statements, silence or inaction, notwithstanding any custom and practice or course of dealing, and the parties hereby waive the application of any Nevada case law to the contrary.  Each provision of this Agreement shall be treated as a separate and independent clause.  If any provision or covenant of this Agreement is held to be invalid and unenforceable in whole or in part, the validity or enforceability of any other provision or covenant shall be unaffected.

 

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