Terms & Conditions

STORAGE:

  1. The Customer:

(a) may store vehicles or trailers (property) in the Space allocated to the Customer by the Company, and only in that Space;

(b) is deemed to have knowledge of the vehicles/trailers in the Space;

(c) warrants that they are the owner of the vehicle/trailer in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

(d) agrees to maintain or secure fire, extended coverage and comprehensive liability Insurance covering the full Insurance value of goods or property stored on the premises. Customer has the right to be self insured, but assumes full risk for damage to stored property. Insurance carried by the Company shall be for the sole benefit of the Company. The Customer shall make no claim whatsoever against Company's insurance. Therefore, Customer secures his own insurance to protect himself and his property against all perils of whatsoever nature. Company shall not be liable whatsoever to any extent to Customer or Customers invitees. family, employees, agents or servants for any personal injury or property damage or loss from theft, vandalism, fire, smoke, water, hurricanes, rain, tornadoes, explosions, rodents, insects, civil disturbances, unlawful entry, acts of God or any cause whatsoever. It is specifically understood and agreed that Company need not be concerned with the kind, quantity, or value of personal property or other goods stored by the Customer.

(e) agrees that the Company is free from all liability and claim for damages by reason of injury or damages of any kind to any person, including Customer, or property of any kind whatsoever and to whomever belonging, including Customer from any cause or causes whatsoever while in, upon, or in any way connected with the premises during the term of this agreement or any extension hereof, except injuries caused by an affirmative act of owner or owner's agent, and Custoemr hereby agrees to hold Company harmless from any liability, loss, cost (including, without limitation attorney fees) or obligation on account of arising out of any such injuries or losses however occurring, and Customer agrees that the Company's liabilities for damage occasioned by it or its agent shall be limited to the sum of $1 00.

  1. The Company:

(a) does not have and will not be deemed to have, knowledge of the property stored in the stoarge space;

(b) is not a bailee nor a warehouseman of the Goods and the Customer acknowledges that the Company does not take possession of the Goods.

COST:

  1. The Customer must upon signing the Agreement pay to the Company:

(a) the Deposit (refunded within 30 days of termination when applicable) and/or

(b) any other fees that may apply.

  1. The Customer is responsible for payment of:

(a) the Storage Fee, being the amount indicated in this Agreement or the amount notified to the Customer by the Company from time to time. The Storage Fee is payable in advance and it is the Customer's responsibility to ensure that payment is made directly to the Company on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/bank transfer will not be credited to Customer’s account unless the Customer identifies the deposit clearly and as directed by the Company. The Company is indemnified from any claim for enforcement of the Agreement due to the Customer’s failure to identify a deposit, including the sale of the Customer’s Goods.

(b) a Late Payment Fee, as advised separately, which becomes payable each time a payment is late.

(c) any costs incurred by the Company in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to; postal, telephone, debt collection, personnel and/or the default action costs, and legal fees and expenses.

  1. The Customer will be fully responsible for payment of any government taxes or charges whatsoever related to the storage of Goods under this Agreement.

DEFAULT:

  1. Notwithstanding clause 23, Customer agrees that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 30 days of the due date the Company may, without further notice, remove access to the gate, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the Company may in its sole discretion determine. In such event Customer agrees that possession of the Goods shall pass from Customer to the Company at the moment the Company accesses the Space. The Customer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The Customer will be fully responsible for payment of all costs associated with the Company accessing the Customer’s Space and the disposal or sale of the Customer’s Goods.

RIGHT TO DISPOSE OF GOODS:

  1. If no payment has been made for 30 days after the invoice due date the Customer will be considered in default and the Company may place a lien on the vehicle, trailer, or property being stored. Enforcement of the Company's lien includes entering the vehicle or trailer, advertising, selling, and/or disposing at Company's discretion. If, in the opinion of the Company and at the sole discretion of the Company, a defaulting Customer’s property 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 Company may dispose of all property in the Customer’s Space by any means at the expense and sole liability of the Customer.

  2. Upon Termination of the Agreement (Clause 23) by either the Customer or the Company, in the event that a Customer fails to remove all Goods from their Space or the building in which the Space is located (“Facility”), the Customer authorises the Company to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods.

  3. Any items left unattended in common areas or outside the Customer’s Space at any time may, at the Company’s sole discretion be sold, disposed of, or moved immediately at the sole expense and liability of the Customer.

ACCESS AND CONDITIONS:

  1. The Customer:

(a) has the right to access the Space during Access Hours as posted by the Company and subject to the terms of this Agreement;

(b) will be solely responsible for the securing of their property, and shall secure the property at all times when the Customer is not in the Space in a manner acceptable to the Company, and where applicable, the Customer will secure the external gates and/or doors of the Facility.

(c) must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or may pose a risk to any person or other property. Customer shall not cause or permit any hazardous substance or any highly corrosive, toxic, or pollutant type materials to .be stored,. used, generated, or disposed of on or in the premises by Customer,Customers Agent, Employees or Invitees. If hazardous substances are stored, used, generated, or disposed of on or in the premises, or if the premises become contaminated in any manner for which the Customer is legally liable, Customer shall indemnify and hold harmless the Company from any and all claims, damages, fines judgments, penalties, costs, liabilities, or losses, and any and all sums paid for settlement of claims, attorney's fees, consultant and expert fees, arising during or after the lease term and arising as a result of that contamination by Customer. Without limitations of the foregoing, if Customer cause or permits the presence of any hazardous substance on the premises and that results in contamination, Customer shall promptly, at its sole expense, take any and all necessary actions to return the premises to the condition existing prior to the presence of such hazardous substance on the premises

(d) acknowledges that only vehicles or trailers less than 20 years old are allowed to be stored, or have a resale value of between $15,000.00 and $300,000.00 or have Company's permission. Vehicles, trailers, or property valued over $300,000.00 are not permited to be stored. Violation will result in default of this agreement. Defaulting may result in property being towed by a 3rd party at Companys discretion where Customer will be responsible for any storage and towing fees.

(e) must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;

(f) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;

(g) must not attach nails, screws etc. to any part of the Space and must maintain the Space by ensuring it is clean and in a state of good repair and must not damage or alter the Space whatsoever without the Company’s consent; in the event of uncleanliness of or damage to the Space or Facility the Company will be entitled to retain the Customer’s deposit and recover full reimbursement from the Customer for the full value of any repairs and/or cleaning required.

(h) cannot assign this Agreement;

(i) must give Notice to the Company in writing of the change of address, phone numbers or email address of the Customer or any Alternate Contact Person (“ACP”) within 48 hours of any change;

(j) grants the Company entitlement to discuss any default by the Customer with the “ACP” registered on the front of this Agreement.

  1. The Company may refuse access to any person, to the Space and/or the Facility in the event that monies are owed by the Customer to the Company, regardless of whether or not a formal demand for payment has been made.

  2. The Company will not be liable for any loss or damages suffered by the Customer resulting from an inability to access the Facility or the Space, regardless of the cause.

  3. The Company reserves the right to relocate the Customer to another Space under certain circumstances at the sole discretion of the Company.

  4. The Customer hereby agrees that they will keep the space in a clean and orderly manner and do their best to park vehicles and trailers in the center of the space provided and not block access to other spaces or the lot entrance.

  5. The Customer:

(a) agrees that the terms of this document constitute the whole contract with the Company and that, in entering this contract, the Customer relies upon no representations, oral of otherwise, other than those contained in this Agreement.

(b) acknowledges that it has raised all queries relevant to its decision to enter this Agreement with the Company and that the Company has, prior to the Customer entering into this Agreement, answered all such queries to the full satisfaction of the Customer. The Customer acknowledges that any matters resulting from such queries have, to the extent required by the Customer and agreed to by the Company, been reduced to writing and incorporated into the terms of this Agreement. No failure or delay by the Company to exercise its rights under this Agreement will operate as a waiver to those rights.

RISK AND RESPONSIBILITY:

  1. The vehicles/RV/trailers are stored at the sole risk and responsibility of the Customer who shall be responsible for any and all theft, damage to, and deterioration of the property, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, theft, mysterious disapperance, mildew, heat, spillage of material from any other space, removal or delivery of the property being stored, pest or vermin, any Force Majeure event, act of God, or any other reason whatsoever.

  2. The Customer agrees to indemnify and keep indemnified the Company from all claims for any loss of or damage to the property of, or personal injury to or death of the Customer, the Facility, the Company or third parties to the maximum extent permitted by law, resulting from or incidental to the use of the Space by the Customer, including but not limited to the storage of property in the Space, the property themselves and/or accessing the Facility.

  3. The Customer acknowledges and agrees to comply with all relevant laws, including Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Customer, and includes any and all costs resulting from such a breach.

  4. If the Company has reason to believe that the Customer is not complying with all relevant laws the Company may take any action the Company in its sole discretion believes to be necessary, including but not limited to the action outlined in clauses 21 & 23, contacting, cooperating with and/or submitting property to the relevant authorities, and/or immediately disposing of, or removing the property at the Customer’s expense. The Customer agrees that the Company may take such action at any time even though the Company could have acted earlier.

INSPECTION AND ENTRY BY THE COMPANY:

  1. Subject to clause 21 the Customer consents to inspection and entry of the property by the Company provided that the Company gives 21 days written Notice.

  2. The Customer agrees that in the event of an emergency, or where obliged to do so by law or in the event that property, the environment, or human life is, in the opinion of the Company, threatened, the Company may enter the property using all necessary force without prior notice to the Customer. In such event the Company shall notify the Customer as soon as practicable thereafter.

NOTICE:

  1. Notices will usually be given by email or SMS, or otherwise will be left at, or posted to, or faxed to the address of the Customer. In relation to the giving of Notices by the Customer to the Company, Notices must be in writing and actually be received to be valid, and the Company may specify a required method. In the event of not being able to contact the Customer, Notice is deemed to have been given to the Customer by the Company if the Company serves that Notice on the ACP as identified on the front of this Agreement, and/or has sent Notices to the last notified address or other contact including SMS or email of the Customer or ACP. In the event that there is more than one Customer, Notice to or by any single Customer is agreed to be sufficient for the purposes of any Notice required under this Agreement.

TERMINATION:

  1. Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with the period indicated on the front of this Agreement. In the event of any illegal or environmentally harmful activities on the part of the Customer the Company may terminate the Agreement without Notice. The Company is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Customer. The Customer must remove all property in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of the Company. In the event that property is left in the Space after the Termination Date, clause 8 will apply. The Customer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to the Company up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be made solely by the Company.

  2. The Parties’ liability for outstanding money, property damage, personal injury, environmental damage and legal responsibility under this Agreement shall survive termination of this Agreement.

SEVERANCE:

  1. All provisions in this Agreement are severable and no provision herein shall be affected by the invalidity of any other such provision.

MEDIATION OF DISPUTES:

  1. The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.

JURISDICTION:

  1. This Agreement shall be governed by and construed in accordance with the laws of Colorado, and the parties submit to the exclusive jurisdiction of Colorado.