This Personal Property Storage Agreement (“Agreement”) is entered between you (referred to as either “You” or “your”) and Storagehotel, (referred to as either “Storagehotel”, “we”, “our” or “us”). Storagehotel will provide the moving and storage of your boxes and personal property from your designated address to Storagehotel’s storage location and the return of same back to you in accordance with the terms and conditions of this Agreement. Please read this Agreement carefully.
The defined terms in this Section 1 are used throughout this Agreement and shall have the following meanings. “Box” or “Boxes” mean the carton or cartons containing your materials to be stored by Storagehotel under this Agreement and shall include cartons provided by Storagehotel (“Storagehotel Boxes”) as well as your own. “Tape” mean the packing tape used to seal a Box under this agreement and shall include packing tape provided by Storagehotel (“Storagehotel Tape”) as well as your own. “Storagehotel Website” means the Storagehotel website located at https://storagehotel.com. “Property” means any and all items stored or held by Storagehotel on your behalf under this Agreement, including all items contained within a Box and individual items not stored within a Box. “Services” means the services provided by Storagehotel under this Agreement, including all pick-up, transportation, storage and delivery services. “Start Date” means the earlier of (i) the date that Storagehotel picks-up Boxes or other Property from You or (ii) the date that Storagehotel delivers empty Storagehotel Boxes to You for packing. “Storage Term” means the storage duration used per billing cycle of approximately four months, in respect to the pick up dates (“Check-In Dates”) and return dates (“Check-Out Dates”) listed on our Website.
This Agreement will begin and be binding according to the terms herein on the Start Date and continue on a Storage Term-to-Storage Term basis afterwards until terminated by You or Storagehotel as described in Section 9.
You must schedule all Services in advance by using our Website. We will try to meet your requested scheduling, but cannot guarantee it because the timing for pick-up and delivery of Boxes and Property will vary based on our scheduling commitments at the time of your request. You or someone You have authorized must be present at your designated address at the time of each scheduled pick-up or delivery. Otherwise, we will not pick-up or deliver the Boxes or Property and You will be charged for the Service as if it were completed, along with a cancellation fee. You may cancel any scheduled Services without a cancelation fee if You provide us with at least 48-hours’ advance notice.
Pricing and Payment
Storagehotel’s rates and charges are published on our Website and may be altered by Storagehotel at any given time.
You will be charged a storage charge per Box (or per item of Property if not stored in a Box) per Storage Term, which is payable to Storagehotel in advance of each Storage Term on the “anniversary” of the Start Date. You agree to pay a minimum of four (4) months of storage charges for all Property stored under this Agreement, even if You store your Property with us for less time. Storage charges will not be prorated or adjusted for partial months.
You are entitled to a full or partial refund of your order, minus a 4.5% processing fee, within seven (7) days of the purchase date or within the time between your purchase date and seventy-two (72) hours before your Supply Collection date or Pick Up date (only if You did not request any Box or Supplies). After these given time periods, there are no refunds.
All other Services, including pick-up and delivery of Boxes or Property, will be charged to You at the current rates published on Storagehotel Website.
The rates for storage and other Services published on our Website do not include applicable taxes. You will be charged and required to pay the applicable federal and provincial sales tax (British Columbia GST and PST) in addition to all storage and other Service charges.
Payment; Late Fees
You authorize Storagehotel to charge all applicable charges to the credit card on-file with Storagehotel. You will be charged a late fee if payment is not received within five (5) business days of the “anniversary” of the Start Date. You will not receive a billing invoice per Storage Term. If You bounce a check or your credit card is declined for any reason, late fees shall be due and payable in addition to a returned check fee.
Responsibility for Boxes, Tape and Property
You are responsible for: (i) picking up your Boxes and Tape on the dates Storagehotel representatives are providing Boxes on campus (ii) checking the Boxes to make sure they are in good condition before loading them with your Property; (iii) sealing each Box with Tape before pick-up; (iv) packing and cushioning all Property to help protect against loss or damage due to overloading, shifting or movement of the Property in the Box during normal transportation to, from or within the storage facility; (iii) ensuring the accuracy of any description of Boxes and/or Property listed on Storagehotel’s Bill of Lading Form and (v) unpacking each Storagehotel Box upon final delivery to You at the end of the storage period. You are responsible for any damage to, loss or theft of a Storagehotel Box while in your possession, and must reimburse Storagehotel for all expenses reasonably incurred by Storagehotel to replace or restore any Storagehotel Box that is damaged, lost or stolen while in your possession. The replacement fee for a single Storagehotel Box is $10.00. Such additional costs, if any, will be charged to your account. Storagehotel is not responsible for ordinary wear and tear to your Property while in storage or in transit, or for any damage to your Property caused by shifting or movement of your Property in Boxes during normal transportation or shipping of your Property to or from the pick-up and delivery locations.
Maximum Weight Limit for Boxes
The maximum weight limit for each Box is 50 lbs. If the published maximum weight limit is exceeded, an additional overweight box fee of $35 will be charged. Storagehotel reserves the right to refuse to pick-up any Box that it believes exceeds the maximum weight limit.
Limitation of Liability
Please read this entire Section carefully as it affects your legal rights.
Limitation of Storagehotel’s Liability for Loss or Damage to Property
Storagehotel shall not be liable for any loss, damage or destruction of Property occurring in connection with the provision of the Services herein, unless and to the extent the loss, damage or destruction resulted from Storagehotel’s failure to exercise such care as a reasonably careful person would exercise under like circumstances. If Storagehotel is liable, the amount of damages You may recover from Storagehotel for any such loss, damage or destruction of Property is limited to the lesser of the fair market value or the Declared Value of the Property. Storagehotel’s maximum aggregate liability to You under this Agreement is $100.00.
No Consequential Damages
In no event shall either party be liable for any consequential, incidental, special or punitive damages, or for loss of profits, regardless of whether an action is brought in tort, contract or under any other theory.
Either party may terminate this Agreement within seven (7) days of the purchase date or within the time between your purchase date and seventy-two (72) hours before your Supply Collection date or Pick Up date (only if You did not request any Box or Supplies). If the Agreement is terminated within this given time period, You are entitled to a full or partial refund of your order, minus a 4.5% processing fee. After these given time periods, there are no refunds.
Prohibited Property and Hazardous Substances
You agree not to store with Storagehotel or place in Boxes any living things, fragile materials, perishables, liquids, firearms, explosives, flammables of any kind, drugs or drug paraphernalia, stolen items, illegal items, any material that may attract vermin or insects, anything that is otherwise dangerous or unsafe to store or handle, or any material that is regulated by federal or provincial law or regulation relating to the environment or hazardous materials. You agree not to store valuable documents, bills, accounts, currency, deeds, evidence of debt, negotiable instruments, check stock, jewelry, watches, jewels, gems, precious or semi-precious metals or stones, antiques, artwork, paintings, statues, fine art, furs, or similar valuables or other items whose values are difficult to ascertain or that by their nature cannot be readily replaced. Storagehotel reserves the right to refuse pick-up or request immediate removal of a Box or Property for any reason, including where it believes: (i) contains any prohibited Property or hazardous substances described in this Section; or (ii) represents a risk to the safety of any person, the security of the storage facility, or any other property stored at the storage facility.
Temperature and Climate Control
We will use reasonable efforts to maintain the temperature and climate of the storage facility in which your Property is stored between 12°C and 30°C and between 40% and 60% humidity. We will take commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, we cannot guarantee that mold or similar microorganisms may not develop on your Property. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your Property. You assume the risk that mold or similar microorganisms could develop under these circumstances.
Right to Inspect
In the event of an emergency, suspected criminal activity, suspected storage of prohibited property or upon default of any of your obligations under this Agreement, Storagehotel shall have the right to inspect the contents of the Boxes. Storagehotel is also authorized to comply with any subpoena, search warrant or similar government order related to the Property and shall not be liable to You for any loss or damage to the Property resulting from any such order.
You warrant that You are the owner of the Property and have full authority to store the Property in accordance with this Agreement. You will be required to reimburse Storagehotel for any expenses reasonably incurred by us (including reasonable attorneys’ fees) by reason of our compliance with your instructions in the event of a dispute concerning the ownership, custody or disposition of your Property.
Lien and Security Interest
In addition to any rights as exist at law, Storagehotel has and claims a general lien on all of your Property stored by Storagehotel for the following amounts, both presently incurred or to be incurred in the future: (i) storage charges and other Service charges; (ii) expenses necessary for preservation of your Property; (iii) expenses reasonably incurred by Storagehotel in the sale of your Property pursuant to applicable law; (iv) costs incurred by Storagehotel to enforce our rights under this Agreement (including interest, attorneys’ fees and costs); and (v) other similar charges and expenses related to other Property, even if such Property has already been returned to You. Storagehotel further reserves a security interest in all Property described above (and the proceeds thereof) for all such charges, liabilities and expenses to the fullest extent the above described lien is prohibited by or is otherwise not permitted by law.
Disposal or Sale of Your Property upon Default
YOUR PROPERTY MAY BE SOLD TO SATISFY THE LIEN OR SECURITY INTEREST AS SET FORTH IN SECTION 14 IF YOU ARE IN DEFAULT. You will be in default under this Agreement if You fail to pay charges to Storagehotel when due. Storagehotel will provide You with written notice of default, and if You fail to pay the amounts due or reclaim your Property within the time limit stated in the notice, Storagehotel may sell or otherwise dispose of your due or reclaim your Property within the time limit stated in the notice, Storagehotel may sell or otherwise dispose of your Property as permitted by applicable law. You will be responsible for all costs reasonably incurred by Storagehotel in connection with any such sale or disposal of your Property.
If You fail to perform any obligation or are in default under this Agreement and we waive our right to exercise our remedies against You, such waiver is effective only in that instance and does not mean we waive any of our rights for any other failure or default by You.
Release of Your Information
You authorize Storagehotel to release any information related to You and your storage of Property under this Agreement as may be required by law or required by governmental authorities or agencies, law enforcement agencies or courts.
Limited Warranty and Disclaimer
Storagehotel warrants that the Services will be provided in a professional and workmanlike manner by personnel trained with respect to the Services. Except as provided in this Section, Storagehotel makes no representations or warranties of any kind, and expressly disclaims all other warranties, whether express, implied or statutory, including without limitation any warranty of merchantability or fitness for a particular purpose.
This Agreement, and all matters arising under or relating to this Agreement, shall be governed by and construed in accordance with the laws of the province where the Services are to be provided, without regard to its conflict of law principles.
Notice of Loss, Damage or Destruction of Property; Filing of Actions
You agree to use your best efforts to notify Storagehotel as soon as possible after delivery or return of your Property if You believe that any of your Property has been lost, damaged or destroyed by Storagehotel. Unless otherwise expressly provided by law, no action may be maintained against Storagehotel for loss, damage or destruction of your Property, unless You have notified us as provided in this Section 21, and unless such action is commenced within the earlier of one (1) year after (i) the date of delivery or return your Property; or (ii) the date Storagehotel notifies You of the loss, damage or destruction.
All notices from Storagehotel shall be sent by first class mail postage prepaid to your last known address or to the e-mail address You provide to Storagehotel. Notices shall be deemed given when deposited with the Postal Service or when sent by e-mail. All statutory notices shall be sent as required by law. You agree to give prompt written notice to Storagehotel of any change to your contact information or address.
Storagehotel, in addition to all other rights and remedies it has under this Agreement, may exercise any right or remedy with respect to the Property that it may have under applicable law or in equity.
If any term of this Agreement is found to be unenforceable or contrary to law, it shall be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
Any provision of this Agreement which imposes an obligation after termination of this Agreement shall survive the termination of this Agreement.
Permission to Communicate
You recognize that You are entering into a business relationship with Storagehotel, and hereby consent to Storagehotel phoning, faxing, texting, e-mailing and using social media to communicate with You for business- related communications and collection notices.
Neither party shall be liable for delay or inability to perform any of its obligations under this Agreement to the extent caused by acts of God, or other events beyond its reasonable control, including but not limited to governmental actions, labor unrest, acts of terrorism, riots, unusual traffic delays or severe weather conditions.
Subcontracting and Assignment
Storagehotel may subcontract its obligations under this Agreement, in whole or in part, to its affiliates and third party vendors and subcontractors. Storagehotel may assign this Agreement, in whole or in part, to an affiliate or other third party upon sale or merger of Storagehotel without your prior consent. You may not assign this Agreement in whole or in part without Storagehotel’s prior written consent.
The terms and conditions contained in this Agreement constitute the entire understanding between You and Storagehotel with respect to the subject matter of this Agreement and supersede all previous or contemporaneous oral or written communications, representations, agreements and understandings relating to the Services. No representations, inducements, promises or agreements, whether oral or otherwise, between You and Storagehotel that are not contained in this Agreement shall be of any force or effect. Without limitation to the foregoing, the terms and conditions of this Agreement shall govern to the exclusion of any carriage and/or storage terms and conditions inconsistent therewith that may be deemed to apply in accordance with the laws of the jurisdiction(s) in which the Services are to be provided.