1.1 The Client:
(a) must store Goods in the Storage Space allocated by the Facility Manager("FM")
(b) is deemed to have knowledge of the Goods stored in the Storage Space
(c) warrants that they are the owner of the Goods in the Storage Space and are entitled by law to deal with them in accordance with all aspects of our Agreement.
1.2 The Facility Manager:
(a) is a bailee of the Goods (which includes all Goods stored in the Storage Space at any given time) (b) has a general lien over all Goods until the FM receives all the payments. If the FM does not receive payment within 90 days after payment is due, the FM may, subject to the applicable laws and regulations and other terms of our Agreement, without any further notice to the Client or any other person interested in the Goods, sell the Goods by public or private auction and deduct all or any pending payments to the FM including the expenses of selling and delivering the Goods.
PAYMENT, COSTS AND EXPENSES:
2.1 The Client must upon signing our Agreement is responsible pay to the FM:
(a) the storage rent being the amount indicated in our Agreement or the amount notified to the Client by the FM from time to time. The Storage rent is payable in advance and it is the Client's responsibility to see that payment is made directly to the Storagians Logistics Pvt Ltd on time, and in full, throughout the period of storage. Any payments paid by direct cash deposit/direct credit to company's bank account should be notified via email along with the transaction number. The company is not responsible for any loss or transactional failures during the direct deposit/direct credit. In case of cheque payment, all the cheque should be issues in favour of “Storagians Logistics Pvt Ltd" The FM may change the Storage rent any time after expiry of the Storage Period. The FM will give the Client 30 days advance email communication in case of any increase. If the Client does not agree to pay the increased fee, the Client may terminate this agreement by giving the FM written email any time before the end of the FM's 30 day notice period.
(b) the Late Payment Fee or fees which become payable each time a Storage Payment is late as indicated on the front of our agreement.
(c) any Costs or Expenses incurred by the FM in collecting late or unpaid Storage rent, selling the Goods in enforcement of lien, or in enforcing our Agreement in any way.
(d) Payment of any government taxes or charges (including Goods & Service Tax) being levied on our Agreement, or any supplies pursuant to this Agreement (e) All the storage monthly rentals and the delivery charges before the delivery of items
ACCESS AND CONDITIONS:
3.1 The Client:
(a) has the right to access their Goods during Access Hours as posted by the FM and subject to the terms of our Agreement.
(b) must not store any Goods that are dangerous, hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person.
(c) must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.
(d) must use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space.
(e) must give Notice to the FM in writing / email of the change of address, phone numbers or email of the Client or the Nominee within 48 hours of any change.
(f) grants the FM entitlement to discuss any pending/unpaid payments by the Client with the Nominee registered on the front of our Agreement
3.2 The FM may refuse access to the Storage Space by the Client if there is any pending payments to be made by the Client to the FM
3.3 The Client:
(a) agrees that the terms of this document constitute the whole contract with the FM, in entering to this contract, the Client relies upon no representations and/or oral commitments by any personal, other than those contained in our Agreement.
(b) acknowledges that it has raised all queries relevant to its decision to enter our Agreement with the FM and that the FM has, prior to the Client entering into our Agreement, answered all such queries to the satisfaction of the Client. The Client acknowledges that any matters resulting from such queries have, to the extent required by the Client and agreed to by the FM, been reduced to writing and incorporated into the terms of our Agreement.
RISK AND RESPONSIBILITY:
4.1. No oral statements made by the FM or employees form part of our agreement. Failure or delay by the FM to exercise its rights under our agreement will not reduce those rights.
4.2. The Client acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Storage Space. This includes laws relating to the material which is stored. The liability for any and all breach of such laws rests absolutely with the Client, and includes any and all costs resulting from such a breach.
5.1. Once the initial fixed period of storage has ended, either party may terminate our Agreement by giving the other party Notice as indicated in the Agreement. In the event of illegal or environmentally harmful activities on the part of the Client the FM may terminate the Agreement without Notice. Upon termination the Client must remove all Goods in the Storage Space. The Client must pay any outstanding payments and any other payments owed to the FM up to the date of termination, or Clause 6.1 may apply. Any calculation of outstanding payments will be by the FM and such calculation will be final
DELIVERY OF GOODS:
6.1. If, in the case Clients opt Storagians Logistics Pvt Ltd to delivery the goods, after this contracted is terminated, all such requests to be sent via email to the Storagians official email ID as mentioned in front of our Agreement
6.2. Clients must give minimum of 7 business days advance notice for all the delivery of goods.
6.3. Delivery of Goods will be done only once all the payments are paid in full, including the delivery and labour charges.
6.4. Delivery of Goods cost includes transportation, labour and any expenses/costs incurred for delivery. Delivery of Goods cost has to agreed by both the parties on an official email. No commitment or oral statements made by the FM or employees on the Delivery Cost are the part of this agreement
7.1. The Client acknowledges that, in the event of the Storage rentals, Cost, Expenses or any other payment owing under our Agreement, not being paid in full within three (3) months from the due date, the FM may, without further notice, sell or dispose of any/all Goods in the Storage Space. The FM may also require payment of any Costs or Expenses associated with accessing the Client's Space and disposal or sale of the Client's Goods. In the event excess moneys are recovered on disposal they will be returned to the Client. In the event that the Client cannot be located for 30 days, excess moneys will be deposited to the Public Trustee or equivalent authority.
8.1. Notices will be usually sent by Email of the Client. In the event of not being able to contact the Client, Notice is sent to Nominee as identified on the front of our Agreement. Any legal law which requires FM to send notice by traditional mail, all such notice will be sent to last notified address of the Client and/or Nominee. Further, in-case FM is unable to contact Client or Nominee FM may use Client's Name and/or Nominee name to be published in newspaper which may be circulated throughout India.
RIGHT TO DISPOSE:
9.1. If, in the opinion of the FM and entirely at the discretion of the FM, a defaulting Client's Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the FM may dispose of all Goods in the Client's Storage Space by any means.
9.2. Upon Termination of the Agreement (Clause 12) by either the Client or the FM, in the event that a Client fails to remove all Goods from their Storage Space the FM is authorised to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods.
10.1. If any clause, term or provision of our Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down.
11.1. A person who is not a contracting party of our Agreement shall have no rights to enforce any terms of our Agreement.
12.1. Our Agreement shall be governed by and construed in accordance with the laws of Karnataka, and the Client and the FM agree that the jurisdiction of the Karnataka courts apply with regard to any claim or dispute arising in relation to or under the terms of our Agreement.