The customer “consumer-bailor” and Music City Student Storage, 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 disposed of by the company 30 days after written (e-mail) 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 $25 deposit is for boxes, tape, and packaging supplies being delivered to you ahead of time and/or for reserving your storage space for the summer, semester, or while abroad. If the balance is not paid within 1 week of pick up, the company will place a late fee charge of 20% [of your total storage cost]. There will be an additional 10% late payment fee assessed each week, until the final balance is paid. This balance paid is per semester/term for storage or shipping only. Any additional time acquires additional fees, and the consumer-bailor cannot collect their property until the complete balance is paid. Any cancellation after the consumer-bailor completes the sign-up process will result in the forfeiture of the $25 deposit. There will be an additional $75 fee for all changes or cancellations on the day of pickup or delivery.
(d) The consumer-bailor authorizes the company to store credit and/or debit card payment information inputted at sign-up until the delivery of stored items is completed. Payment information is stored solely for the purpose of the company to make necessary charges to the credit/debit card on file during the storage term.
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 is not responsible for any damage that may occur to particleboard furniture pieces or to the contents inside any boxes packed by the customer. 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. The storage of food and other perishable items is prohibited. Responsibility for damages caused by storing food or other perishable items will fall solely on the consumer-bailor if said items – food or other perishable items – are stored. The storage of firearms, ammunition, and/or explosives is strictly prohibited. Responsibility for damages caused by storing firearms, ammunition, and/or explosives will fall solely on the consumer-bailor if said items – firearms, ammunition, and/or explosives – are stored.
(e) 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 for one term per lost or damaged box, container, or individual item, and does not exceed and is limited to $300 for one term per lost or damaged musical instrument, television, game console, or computer. Any television not packaged in its original box, or in a box recommended by Music City Student Storage, will not be eligible for damage reimbursement. Any claim of a missing or damaged item must be made, in writing/via e-mail, to the company within 24 hours of the storage order being delivered. Claims made past 24 hours of delivery will be considered invalid.
(f) The company will not issue damage reimbursement to the following, without exception: televisions not in their original box (or in a box recommended by Music City Student Storage), particle board furniture, wire shelves, surface scratches (or any other surface damage) to any item that is stored.
(g) The phrase “We can store anything!” refers to standard and commonly possessed items, at the discretion of the company. The company does not store motor vehicles of any kind. The company reserves the right to refuse pick-up, storage, or delivery of any item, be it due to weight, size, fragility, or any other reason.
4. ADDRESS AND CHANGE:
It is agreed that the address of the consumer-bailor of goods for storage is as given 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 day (24 hours) 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.
8. GENERAL CONDITIONS:
(a) “Free pick-up” refers to pick-up of items from the street level of a building, and within specified pick-up dates. “Free Delivery” refers to delivery of items within specified delivery dates. If goods need be picked up or delivered beyond the ground floor, the consumer-bailor agrees to pay an additional charge for moving or other necessary labor to effect storage. Consumer-bailor shall arrange in advance for all necessary elevator and other services and any charges for same shall be met by the consumer-bailor.
(b) Moving charges do not include the taking down or putting up beds, futons, curtains, mirrors, fixtures, pictures, electric or other fittings or the relaying of floor coverings or similar services but if such services are ordered, a charge will be made therefore.
(c) A $75 fee will be charged for any changes or cancellations on the day of, or within 24 hours of, pickup or delivery.
(d) A packing and/or labeling fee will be assessed for all items needing to be repacked and/or labeled. Items needing to be repacked and/or labeled, as well as the associated rate that will be charged, is at the discretion of the company.
(e) All storage rates charged to the consumer-bailor are per term. Pricing will not be prorated unless otherwise agreed upon by the company.
(f) Pricing category for each individual item may vary and is at the sole discretion of the company.
(g) The minimum charge per storage order is $150, regardless of number or type of items stored.
(h) Pickup and delivery dates and time windows are not guaranteed.