Storage Terms and Limits of Liability Agreement
Bookstore Movers takes extreme care to protect items in storage. In the situation there is damage to an item or an item is lost, Bookstore Movers liability for damaged or lost items is limited to $0.60 per pound per article unless additional insurance has been purchased by the customer in advance of the move.
BSM is not licensed to and will not store any hazardous materials, or potentially explosive materials or items, such as propane tanks and grills. We also are not licensed to and will not store firearms of any type.
We view our storage facilities as very safe and have never had any issues with theft. With that said, we highly recommend you do not store any high-value or irreplaceable items with us. Bookstore Movers liability for lost or damaged items is limited to $0.60 per pound per article unless additional insurance has been purchased by the customer in advance of the move.
Payment
The day we move the client into storage we will charge the first month’s storage fee as well as the move-in fee. This is the first day of the client’s monthly billing period.
Payment for storage is due at the start of each monthly billing period. We will email an electronic invoice to the client to setup a credit card on file to pay this fee. We require a valid credit card to be on file.
Payment is due at the start of each monthly billing period, but there is a 30 day grace period. If we haven’t received payment after the 30 day grace period there will be a $50 fee assessed, or 1.5% MPR of the cumulative total owed (18%, compounding monthly) to accrue until the debt is paid, whichever is greater. This is to be charged at the discretion of BSM.
We will not process damage or lost-item claims until payment has been received in full. We also will not process damage or lost-item claims in the case of a credit card chargeback.
BSM may hire a collections company to collect on debts owed and/or take legal action. Customers are responsible for all costs of collection including actual attorney fees incurred.
Terms
Bookstore Movers leases certain space (the “Leased Premises”) in the building at 5200 46th Ave, Hyattsville, Md 20781; and
Bookstore Movers engages in the business of providing storage, transportation, and packing with respect to household and commercial goods; and
Client desires to store certain household and commercial goods, which Client owns or is otherwise in legal custody of (the “Goods”), in a portion of the Leased Premises,
In consideration of the premises and the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
SECTION 1: STORAGE SERVICES
1.1 Scope of Storage Services. During the term of this Agreement, Bookstore Movers shall reserve for storage a space as described in email communication in the Leased Premises (the “Reserved Space”) for the goods. Bookstore Movers will hereby accepts and store the Goods in the Reserved Space in accordance with the provisions of this Agreement. If the Goods should at any time require storage space in excess of the Reserved Space, Bookstore Movers will not accept such excess goods without a prior and separate agreement between the parties for the provision of additional space.
1.2 Condition of the Reserved Space. Bookstore Movers provides the Reserved Space as is, and Bookstore Movers gives no warranty, express or implied, as to the condition of the Reserved Space. Client had the opportunity to inspect the Reserved Space before entering into this Agreement and acknowledges that the Reserved Space was in an acceptable condition.
1.3 Access to Reserved Space. Bookstore Movers shall provide Client with access to the Reserved Space between the hours of 9 am and 5 pm Monday through Friday except for public holidays. At all other times, Client may access the Reserved Space only by appointment with Bookstore Movers and subject to Bookstore Movers’ standard fees and availability for such services at that time.
1.4 Additional Services. In addition to the storage services provided for in this Agreement, Bookstore Movers may offer to Client other related services on Bookstore Movers’ standard terms and conditions and subject to Bookstore Movers’ customary fees at the time of performance. Such additional services include without limitation (1) receiving the goods into, and releasing the goods from, the Reserved Space, (2) unpacking, (3) preparation of inventories and condition reports, (4) trash removal, (5) use of auxiliary viewing space, and (6) transportation.
1.5 Relocation of the Goods. Bookstore Movers reserves the right to relocate the Goods, or any portion thereof, from one location within the Leased Premises to another. Bookstore Movers shall not transfer the Goods from the Leased Premises to another facility without Client’s prior written consent.
SECTION 2: COMPENSATION FOR STORAGE
2.1 Compensation. Client shall pay Bookstore Movers, as compensation for the use of the Reserved Space, a fee detailed in email communication prior to the move payable monthly in advance. Bookstore Movers may assess a financing charge of 1.5% per month on any amount not paid within 30 days of the date due. Client shall not offset the amount owed Bookstore Movers with any amount that Bookstore Movers allegedly owes to Client.
2.2 Escalation. Bookstore Movers may increase the fee at any time during the term of this Agreement. Bookstore Movers shall provide notice of the new fee to Client at least 60 days prior to the effective date of the increase. If Client does not accept such an increase, Client shall so notify Bookstore Movers within 30 days of receipt of the notice of the proposed increase, and either party may then terminate this Agreement on that basis upon 10 days notice to the other party. Client’s failure to so notify Bookstore Movers of an objection to the proposed increase signifies Client’s acceptance of the increase.
SECTION 3: TERM AND TERMINATION
3.1 Term. This Agreement remains in effect for a period of one month from its effective date, subject to termination as provided herein. In the absence of such termination, this Agreement will automatically renew at the end of each monthly term.
3.2 Termination. Either party may terminate this Agreement, for any reason, upon 30 days notice to the other party. If Client is in default as defined in Section 4.1, Bookstore Movers may immediately terminate this agreement.
3.3 Survival. The rights and obligations of the parties survive and apply to any event occurring during the term of this Agreement.
SECTION 4: DEFAULT
4.1 Definition. Client is in default under this Agreement if any of the following events occur: (1) Client fails to make any payment owed pursuant to this Agreement; (2) Client breaches any term or condition of this agreement; or (3)(i) Client’s insolvency, (ii) Client’s inability to meet its debts as they mature, (iii) the filing by Client of a petition of voluntary bankruptcy under any chapter of the United States Bankruptcy laws, (iv) the institution of proceedings to adjudge Client bankrupt in any involuntary proceeding, (v) the execution by Client of an instrument for benefit of creditors, (vi) the appointment by a Court, receiver of trustee for Client, or (vii) Client’s dissolution if Client is a corporate entity.
4.2 Notice of Default. Client shall immediately notify Bookstore Movers of any event of default.
4.3 Remedies in the Event of Default. Remedies available to Bookstore Movers in the event of Client’s default include the following:
Client shall immediately owe to Bookstore Movers the balance of any and all payments provided for in this Agreement:
Bookstore Movers has the right to enforce a warehouse lien on the Goods in accordance with Section 7-210 of the Uniform Commercial Code. If Bookstore Movers sells the Goods under such lien, Bookstore Movers is entitled to retain an amount from the net proceeds necessary to satisfy payments owed by client. Net proceeds equal the amounts realized from the sale of the Goods less all related costs. Client agrees to waive any and all rights including but not limited to those pertaining to notice:
In the event Bookstore Movers engages legal counsel to enforce any of its rights under this Agreement, Client agrees to reimburse Bookstore Movers for all such attorneys’ fees and costs; and
All remedies of Bookstore Movers, whether provided herein or conferred by law, are cumulative rights, and not alternative, and may be enforced successively or concurrently.
SECTION 5: CLIENT’S DUTIES
5.2 Client’s Shipping. Client shall pay all expenses for delivering the Goods to the Reserved Space. If Client utilizes a carrier other than Bookstore Movers to transport any part of the Goods to or from Leased Premises, Client shall indemnify and hold harmless Bookstore Movers from any and all claims made by that carrier in connection with the Goods.
5.3 Tender for Storage. Client shall notify Bookstore Movers in writing at least one business day prior to each delivery of the Goods to the Reserved Space. Upon delivery of the Goods at Bookstore Movers warehouse and in accordance with Client’s instructions, Bookstore Movers personnel will move the Goods into the Reserved Space. Client shall pay Bookstore Movers for such moving service at Bookstore Movers’ customary fee at the time of performance. Client may utilize its own personnel to supervise Bookstore Movers’ personnel with such moving, but Bookstore Movers may, in any event, require proper attire and safety equipment in such an instance.
5.4 Release of the Goods. Client shall notify Bookstore Movers in writing at least one business day prior to each release of Goods from the Reserved Space. So long as Client is not in default as defined in section 4.1, Bookstore Movers shall release any or all of the Goods upon instructions from Client to do so. Client shall specify, in such instructions, the person or entity receiving the Goods. Client shall pay Bookstore Movers for such moving service at Bookstore Movers’ customary fee at the time of performance.
5.5 Inventory. Client shall maintain an inventory of the Goods. Bookstore Movers will not maintain an inventory of the Goods, unless the parties agree in writing to such additional service subject to Bookstore Movers customary fees at the time of performance.
5.7 Prohibited Items. Client shall not admit for storage, or otherwise store, any material that is hazardous, explosive, flammable, illegal, odorous, or living. Firearms are prohibited. Hazardous materials include without limitation any item or agent (biological, chemical, or physical) that has the potential to cause harm to humans or the environment, specifically the Leased Premises and its contents. Bookstore Movers has full discretion on what items to admit to our storage property.
SECTION 6: STANDARD OF CARE; LIMITATION OF LIABILITY; INSURANCE
6.1 Standard of Care. Bookstore Movers is not responsible for any loss or damage, however caused, to any of the Goods, unless such loss or damage was the direct and proximate result of Bookstore Movers’ failure to exercise such care in regard to the Goods as a reasonably careful person would exercise.
6.2 Limitation of Liability. Unless otherwise agreed to in advance by Bookstore Movers, in writing, Bookstore Movers’ liability for loss of, or damage to, any of the Goods, or any activity related to thereto, shall be limited to a maximum of Sixty Cents ($0.60) per pound of such property, and shall only be owed at that rate for loss of, or damage to, such property directly and proximately caused by an act of negligence on the part of a Bookstore Movers. Under no circumstances shall Bookstore Movers be responsible for incidental or consequential damages, punitive damages, or any other damages, for any act, or failure to act, arising out of or in conjunction with the Goods, this Agreement, or any related activity.
6.3 Insurance. Client expressly understands that Bookstore Movers is not insuring Client or the Goods. If Client wishes to obtain insurance for coverage beyond the limited liability imposed upon Bookstore Movers as set forth herein, then Client may purchase Full Value Protection from Bookstore Movers or purchase insurance from another carrier of the client’s choosing.
SECTION 7: CLAIMS; LEGAL PROCEEDINGS
7.1 Notice of Potential Claims. Client shall immediately provide written notice to Bookstore Movers of any and all potential claims against Bookstore Movers, arising out of or in conjunction with this Agreement, which Client becomes aware of. Client also agrees to promptly provide any written reports, affidavits or other information or assistance requested by Bookstore Movers, in order to investigate, settle or litigate any such potential claim against Bookstore Movers and/or its insurers.
7.2 Presentation of Claims. Claims by Client, or any person claiming through or on behalf of Client, shall be presented in writing to Bookstore Movers within a reasonable time, and, in no event, more than 60 days after whichever of the following two events occurs first: (i) delivery of Goods by Bookstore Movers; or (ii) after Client is notified by Bookstore Movers that the loss or damage has occurred.
7.3 Institution of Proceedings. No action may be maintained by Client against Bookstore Movers for loss or damage to the Goods, unless notice of claim has been given as provided for herein. Moreover, any such action must be commenced within nine months after whichever of the following two events occurs first: (i) delivery of the Goods by Bookstore Movers; or (ii) Client is notified that the loss or damage has occurred. The nine-month time limits specified herein shall commence on the date of mailing of notice of damage or loss by Bookstore Movers to client.
SECTION 8: GENERAL PROVISIONS
8.2 Force Majeure. If any cause or condition shall occur beyond the control of a party which wholly or partially prevents the performance of that party of its obligations under this Agreement, including, without limitation, any act of God or the public enemy, fire, explosion, flood, earthquake, riot, terrorism, or extreme adverse weather conditions, then such party shall be excused from its obligations under this Agreement to the extent made necessary by such cause or condition, during the continuance thereof, and such party shall incur no liability to the other by reason of its failure to perform the obligations so excused. The party claiming such a condition shall bear the burden of proving that any loss, damage, or delay was the result of such an excused condition or act, rather than its own failure to perform.
8.3 Assignment of Interest by Client. Client shall not assign, transfer, pledge or encumber any of its rights or obligations under this Agreement without Bookstore Movers’ prior written consent.
8.4 Choice of Law. The parties agree that this Agreement, and any and all disputes or interpretations arising under it, shall be governed by the laws of the State of Maryland, except to the extent preempted by applicable federal law.
8.5 Venue. The parties agree that all claims or disputes arising out of or pursuant to this Agreement may be brought to state court in Prince George’s County, Maryland. The parties expressly agree to subject themselves to the personal jurisdiction of any such court, and to accept service of process by certified mail. The parties further agree to waive all rights to a jury trial, and to the certification of a class action, in conjunction with any such lawsuit.
8.6 Entire Agreement. This Agreement constitutes the entire agreement and understanding between all parties, and it shall not be modified, altered, changed or amended in any respect unless agreed to in writing and signed by both parties.
8.7 Non-Waiver. The failure of Bookstore Movers at any time to enforce any provision of this Agreement, or to exercise any option provided, or to require performance of any provision, shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement, nor to affect Bookstore Movers’ right thereafter to enforce each and every provision of this Agreement.
8.8 Severability. If any section, part, or provision of this Agreement shall be held to be invalid or unenforceable for any reason whatsoever, this Agreement shall be void only as to such section, part of provision, and this Agreement shall otherwise remain in effect and binding between the parties.
8.9 Neutral Interpretation. Each party acknowledges having had the opportunity to be represented or advised by independent counsel of its own selection throughout all negotiations preceding execution of this Agreement and any addendums to it. Therefore, the terms of this Agreement, and any addendums to it, shall be given a neutral interpretation, and any ambiguities or uncertainty in this Agreement, or any addendum to it, shall not be construed for or against either party.
8.11 Authority to Enter Into Agreement. Each party represents to the other that it is authorized to enter into this Agreement and that its entry into this Agreement does not, and will not, violate the terms of any judgment, decree or ruling, or any contract with a third party.
8.12 Paragraph Headings. The paragraph headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement.
8.13 Privacy. Bookstore Movers shall retain information as to Client’s identity and address for purpose of performance pursuant to this Agreement. Bookstore Movers shall not utilize such information for any other purpose, nor shall it disclose any such information to any third party, unless authorized by Client or required by law.
8.14 Counterparts. This Agreement may be executed in two or more counterparts each of which shall be deemed an original, but all of which collectively shall constitute and be considered one and the same agreement.