Terms and Conditions
The following are the terms and conditions for using Box&Co, an On Demand Self Storage Service (the “Agreement”). Box&Co is a division of Storage Records Management Inc. (referred to as either “Box&Co”, “we”, “our” or “us”). By clicking accept on the Box&Co website, a user agrees to all of the terms and conditions of this Agreement as set forth below (the user, referred to as either “you” or “your”).
Box&Co will provide the pick-up and storage of your Containers from your designated street address to Box&Co’s storage location 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”, “Container” or “Containers”, and “Enclosures” mean the containers containing your materials to be stored by Box&Co under this Agreement and shall include containers provided by Box&Co (“Box&Co Containers”).
“Box&Co Website” means the Box&Co website located at http://www.boxnco.com.
“Property” means any and all items stored or held by Box&Co on your behalf under this Agreement, including all items contained within a Container and bulk items stored within an approved secured Enclosure.
“Services” means the services provided by Box&Co under this Agreement, including all pick-up, transportation, storage and delivery services.
“Start Date” means the earlier of (i) the date that Box&Co picks-up Containers or other Property from You or (ii) the date that Box&Co delivers empty Box&Co Containers to You for packing.
This Agreement will begin on the Start Date and continue on a month-to-month basis until terminated by You or Box&Co as described in Section 9.
3. Scheduling Services.
You must schedule all Services in advance by using our Website or calling us at the phone number provided on our Website. We will try to meet your requested scheduling, but cannot guarantee it because the timing for pick-up and delivery of Containers 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 Containers 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 24–hours’ advance notice.
4. Pricing and Payment.
Box&Co’s rates and charges are published on our Website and may be altered by Box&Co from time to time upon providing at least thirty (30) days’ notice to You.
4.1 Storage Charges. You will be charged a monthly storage charge per Container (or per item of Property if not stored in a Container), which is payable to Box&Co, in advance each month on the monthly “anniversary” of the Start Date. You agree to pay a minimum of three (3) 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 and no refunds will be granted for prepaid storage charges if You terminate this Agreement before the end of a monthly billing cycle.
4.2 Non-Storage Charges. All other Services, including pick-up and delivery of Containers or Property, will be charged to You at the current rates published on Box&Co Website.
4.3 Taxes. 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 state sales tax in addition to all storage and other Service charges.
4.4 Payment; Late Fees. You authorize Box&Co to charge all applicable charges to the credit card on-file with Box&Co. You will be charged a late fee if payment is not received within five (5) business days of the monthly “anniversary” of the Start Date. You will not receive a monthly billing invoice. If your credit card is declined for any reason, late fees shall be due and payable in addition to a declined charge fee.
5. Your Obligations.
You are solely liable for any risk of loss or damage.
5.1 No Bailment. You acknowledge and understand that no bailment is created by this Agreement. We are not engaged in the business of storing individual items for hire like a moving and storage company. We provide storage bins to you, which becomes a mobile on-demand self storage unit in which you place your Property for off-site storage by us. We do not take custody, care, control, possession or dominion of the contents of a closed bin or other container in any manner whatsoever, and do not agree to insure or provide any other form of protection of any kind for the contents. It is expressly understood that You assume the sole and absolute risk of storing Your property with Us.
5.2 Responsibility for Containers and Property. You are responsible for: (i) checking the Containers to make sure they are in good condition before loading them with your Property; (ii) sealing each Container before pick-up; (iii) packing and cushioning all Property to help protect against loss or damage due to overloading, shifting or movement of the Property in the Container during normal transportation to, from or within the storage facility; and (iv) immediately unpacking each Box&Co Container upon final delivery to You at the end of the storage period and returning each Box&Co Container in substantially the same condition as delivered to you, ordinary wear and tear excepted. Box&Co will wait up to 15 minutes for You to unload the Containers or Property upon delivery to You. If you require additional time to unload Your Containers, You may, for an additional cost, schedule a separate service for Box&Co to return and pick-up the empty Containers at a later date or be charged a wait fee per each additional 15 minutes that the Box&Co team member waits for the Containers to be ready. You are responsible for any damage to, loss or theft of a Box&Co Container while in your possession, and must reimburse Box&Co for all expenses reasonably incurred by Box&Co to replace or restore any Box&Co Container that is damaged, lost or stolen while in your possession. The replacement fee for a single Box&Co Container is $50.00. Such additional costs, if any, will be charged to your account. Box&Co is not responsible for ordinary wear and tear to Your Property or containers while in storage or in transit, or for any damage to Your Property or containers caused by shifting or movement of your Property in Containers during normal transportation or shipping of your Property to or from the pick-up and delivery locations.
6. Maximum Weight Limit for Containers.
The maximum weight limit for each Container is 35lbs for a medium Container, 50lbs for a large Container and 75lbs for a Bulk Item (as defined on the Website). If the published maximum weight limit is exceeded, an additional handling and storage fee will be added to your charges at $2/lb. over the limit. Box&Co reserves the right to refuse to pick-up any Container that it believes exceeds the maximum weight limit.
7. Limitation of Liability.
Please read this entire Section carefully as it affects your legal rights.
7.1 Maximum Value of Property. You declare, for the purposes of this Agreement, that the maximum value of Property stored or held by Box&Co under this Agreement is $250.00 per Container or individual item of Property if not stored in a Container (the “Declared Value”). You agree that in no event shall the total value of ALL Property stored or held by Box&Co under this Agreement be deemed to exceed $1,000.00.
7.2 Limitation of Box&Co’s Liability for Loss or Damage to Property. Box&Co shall not be liable for any loss, damage or destruction of Property, unless and to the extent the loss, damage or destruction resulted from Box&Co’s failure to exercise such care as a reasonably careful person would exercise under like circumstances. If Box&Co is liable, the amount of damages You may recover from Box&Co 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 described in Section 7.1. Box&Co’s maximum aggregate liability to You under this Agreement is $1,000.00.
7.3 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.
7.4 Further Limitation of Liability. You acknowledge and agree that We shall not under any circumstances whatsoever be responsible or otherwise liable, directly or indirectly for any loss or damage to Your property due to any cause, including, but not limited to fire, explosion, theft, vandalism, wind, or water damages or any other act of god or hostilities whether known or subsequently discovered in our facility or from any act or omission of any third party regardless of whether such loss or damage may be caused or contributed to by the Our negligence, or our employees, agents, or assigns.
8. Your Insurance Obligations.
You acknowledge that Property stored under this Agreement is not insured by Box&Co against loss or damage. Should You wish to insure the Property, that is your responsibility.
9. Termination Rights.
Either party may terminate this Agreement upon providing at least ten (10) days prior notice to the other party. Upon notice of termination, You must pay all outstanding charges, including but not limited to the storage charges for the month in which the termination occurs and the charges associated with the final delivery of the Property to You. If You terminate within the first three (3) months of this Agreement, You must still pay the three-month minimum storage charge. Upon receipt of all charges due to Box&Co, we will deliver the Property to You. If Box&Co continues to hold Property after the termination of this Agreement, the rates and terms of this Agreement will remain in effect until all Property has been delivered to You.
10. Prohibited Property and Hazardous Substances.
Box&Co will not store any furniture, furnishings, or other loose household goods or large bulky items that are not packed in a Box&Co-approved container. You agree not to store with Box&Co or place in Containers 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 state 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. Box&Co reserves the right to refuse pick-up or request immediate removal of a Container 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.
11. Temperature and Climate Control.
We will use reasonable efforts to maintain the temperature of the storage facility in which your Property is stored between 55°F and 80°F. We do not separately regulate humidity levels within the storage facility. You should not store any Property that requires a climate-controlled environment with Box&Co under this Agreement.
12. 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, Box&Co shall have the right to inspect the contents of the Containers. Box&Co 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.
13. Ownership Warranty.
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 Box&Co 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.
14. Lien and Security Interest.
Box&Co has and claims a general lien on all of your Property stored by Box&Co 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 Box&Co in the sale of your Property pursuant to applicable law; (iv) costs incurred by Box&Co 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. Box&Co 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 in the event that the above described lien is prohibited by or is otherwise not permitted by law.
15. Disposal or Sale of Your Property upon Default.
YOUR PROPERTY MAY BE SOLD TO SATISFY THE LIEN OR SECURITY INTEREST AS SETFORTH IN SECTION 14 IF YOU ARE IN DEFAULT. You will be in default under this Agreement if You fail to pay charges to Box&Co when due. Box&Co 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, Box&Co may sell or otherwise dispose of your Property as permitted by applicable law. You will be responsible for all costs reasonably incurred by Box&Co 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 continue to waive any of our rights for any other failure or default by You.
17. Release of Your Information.
You authorize Box&Co 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.
18. Limited Warranty and Disclaimer.
Box&Co 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, Box&Co 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.
19. Governing Law.
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 State of New York, without regard to its conflict of law principles.
The courts of the State of New York in Nassau County and the United States District Court for the Eastern District of New York shall have sole and exclusive jurisdiction over the parties with respect to any dispute or controversy between them arising under or in connection with this Agreement and, by execution and delivery of this Agreement, each of the parties to this Agreement submits to the jurisdiction of those courts, including, but not limited to, the in personam and subject matter jurisdiction of those courts, waives any objection to such jurisdiction on the grounds of venue or forum non conveniens, the absence subject matter jurisdiction and any similar grounds, and consents to service of process by any manner permitted by law.
21. Notice of Loss, Damage, or Destruction of Property; Filing of Actions.
You agree to use your best efforts to notify Box&Co 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 Box&Co. Unless otherwise expressly provided by law, no action may be maintained against Box&Co 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 3 months after (i) the date of delivery or return your Property; or (ii) the date Box&Co notifies You of the loss, damage or destruction.
All notices from Box&Co shall be sent by first-class mail postage prepaid to your last known address or to the e-mail address You provide to Box&Co. Notices shall be deemed given when deposited with the U. S. 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 Box&Co of any change to your contact information or address.
23. Other Rights.
Box& Co, 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 the Uniform Commercial Code or otherwise at 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.
26. Permission to Communicate.
You recognize that You are entering into a business relationship with Box&Co, and hereby consent to Box&Co phoning, faxing, texting, e-mailing and using social media to communicate with You for business-related communications and collection notices.
27. Force Majeure.
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.
28. Subcontracting and Assignment.
Box&Co may subcontract its obligations under this Agreement, in whole or in part, to its affiliates and third-party vendors and subcontractors. Non-storage related services, including but not limited to all transportation, pick-up and delivery, will be performed by Box&Co and may assign this Agreement, in whole or in part, to an affiliate or other third party upon sale or merger of Box&Co without your prior consent. You may not assign this Agreement in whole or in part without Box&Co’s prior written consent.
29. Entire Agreement.
The terms and conditions contained in this Agreement constitute the entire understanding between You and Box&Co 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 Box&Co that are not contained in this Agreement shall be of any force or effect.
30. Electronic signature.
By signing this Agreement electronically, You understand and agree that You are consenting to be legally bound by the terms and conditions of this Agreement as if You signed this Agreement in writing. You agree that no certification authority or other third party verification is necessary to validate your e-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of the e-signature or any resulting agreement between You and Box&Co. You also certify that You are at least 18 years old.
By accepting these terms and conditions, this Agreement becomes legal and binding.