Terms and Conditions
Monthly contract between RocINDOORstorage and Customer
Note that these terms and conditions are accepted during customer sign up. You must read these in detail. By signing up, making payment and moving your contents in to RocINDOORstorage, you are accepting these terms and conditions.
Facility Owner details:
Facility Owner: COMPANY_NAME, also referred to as RocINDOORstorage
RocINDOORstorage office address:
63 Steko Ave
Rochester, NY 14615
63 Steko Ave
Rochester, NY 14615
RocINDOORstorage email address: Mike@rocindoorstorage.com
Please advise us immediately if your contact details, including address, change.
KEY POINTS
Contract type: This is a monthly recurring contract that can be cancelled at any time and runs continuously until cancelled.
Notice period: Notice can be provided at any time. No further charges are made after notice is provided and Customer will have access to their unit until 9pm on the one month anniversary of their last payment.
Customer owns or is authorized to store the Goods.
Storage fees must be paid in advance and on time. A $25.00 late fee will be charged if rent is not paid within 10 days of your payment date.
If you fail to comply with the conditions of this agreement, RocINDOORstorage has certain rights which include the right to cancel access to your unit, to seize and sell and/or dispose of your goods.
Customer must keep the unit secure.
Customer must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
Customer must check the unit is suitable for storing the Goods.
RocINDOORstorage’s liability for loss of and damage to Goods is limited to $100.00
Goods are stored at your sole risk. Occupant will, and RocINDOORstorage will not, maintain all risk insurance on the contents of the storage unit including but not limited to fire, flood, theft, vandalism, burglary, vermin, mold, mildew, burst pipes, erosion, and extended coverage in amounts at least equal to the value of the contents. If Occupant's property is lost or damaged, Occupant will make a claim only against Occupant's insurer and not against Owner. Any property insurance carried by RocINDOORstorage or by Occupant is for the sole benefit of the party carrying such insurance. Occupant expressly agrees that his or her insurance company shall not be subrogated to any claim of Occupant against Owner, Owner’s agents or employees for loss or damage to stored property. Each party waives its right to make any claim against the other for loss or damage to property in the event of casualty. Occupant acknowledges that RocINDOORstorage, its agents, authorized representatives, and employees, have made no representations or warranties that the occupant’s property will be safely kept, nor that it will be secure from theft.
RocINDOORstorage may use and share your personal and other data in certain circumstances.
CONDITIONS OF AGREEMENT
STORAGE:
1. So long as all fees are paid up to date, Customer: (a) is licensed to store Goods in the Unit allocated to Customer by RocINDOORstorage from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
2. RocINDOORstorage: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian nor a warehouseman of the Goods and Customer acknowledges that RocINDOORstorage does not take possession of the Goods; (c) does not grant any lease or tenancy of the Unit; and (d) provides unit sizes that are approximate and there may be small variations in your unit size and dimensions from those described. In signing this contract you agree to the actual size of the unit you use and not any represented unit size.
COST:
3. Occupant is responsible to pay:
(a) the Storage Fee (being the amount set out on RocINDOORstorage website at rocindoorstorage.com at the time of booking, as otherwise agreed or as most recently notified to occupant by RocINDOORstorage) payable in advance on the first day of each storage period (Due Date) and it is occupant's responsibility to see that payment is made directly to RocINDOORstorage on time and in full throughout the period of storage. RocINDOORstorage will not accept that payment has been made until it has received cleared funds;
(b) a Cleaning Fee of $25.00, to be invoiced at RocINDOORstorage’s discretion in circumstances described in this Agreement;
(c) any costs incurred by RocINDOORstorage 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 default action costs and associated legal and professional fees; and
(d) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where occupant has more than one agreement with RocINDOORstorage, all will form one account with RocINDOORstorage and RocINDOORstorage may in its sole discretion elect to apply any payment made by or on behalf of occupant on this agreement against the oldest Debt due from occupant to RocINDOORstorage on any agreement in the account.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:
4. RocINDOORstorage takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 34, if any sum owing to RocINDOORstorage is not paid when due, occupant authorizes RocINDOORstorage without further notice to:
(a) refuse occupant and its agents access to the Goods, the Unit and the Facility and lock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full;
(b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge occupant for all reasonable costs of doing so on any number of occasions; and
(c) apply additional charges against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Condition 7. Occupant acknowledges that (a) RocINDOORstorage shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) RocINDOORstorage will sell the Goods as if RocINDOORstorage was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if occupant does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which occupant has received will be payable by occupant in full.
5. On expiry or termination of this Agreement, if occupant fails to remove all Goods from the Unit, RocINDOORstorage is authorized to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 6 to 8. Occupant is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt).
6. DEFAULT AND REMEDY. Section 182 of the New York State Lien Law gives Owner a lien on all property of Occupant stored at the facility for occupancy charges and other charges, present or future, in relation to the property, and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to law, and any other charges pursuant to this agreement. This lien is superior to any other lien or security interest and attaches as of the date the property is brought to the facility. Accordingly, if Occupant (a) fails to pay in full the monthly occupancy charge or any other charge when due, (b) abandons the storage unit, or (c) fails to comply with any other term of this agreement, within 10 days after notice, Owner may (i) deny Occupant access to and overlock the storage unit until Occupant pays the occupancy charge or such other charges and/or (ii) make any demand or give any notice required by law and, if Occupant does not comply with such demand or notice within the time required by law, if any, Owner may sell Occupant's property in accordance with Section 182 of the New York State Lien Law or take any other reasonable, lawful action in connection with the termination of this agreement, the removal of Occupant's property and the collection of any outstanding occupancy charges or other charges. Occupant will remain liable to Owner for all unpaid occupancy charges as well as for all other charges due and owing to the date of termination and for any damages resulting from Occupant's non-compliance, including attorneys’ fees and all expenses of Owner in connection with removing Occupant, removing, preserving and/or selling Occupant's property, and cleaning and repairing the storage unit or the facility.
7. Before RocINDOORstorage sells or disposes of the Goods, it will give occupant notice in writing directing occupant to pay (if occupant is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by occupant to RocINDOORstorage in writing and by email if you have elected not to receive traditional mail. If no address within the USA has been provided, RocINDOORstorage will use any land or email address it holds for occupant. If occupant fails to pay the Debt and/or collect the Goods (as appropriate) within one month of this notice RocINDOORstorage will access your space and begin the process to sell or dispose of the Goods. Occupant consents to and authorizes the sale or disposal of all Goods without further notice regardless of their nature or value. RocINDOORstorage will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. RocINDOORstorage may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.
7. Before RocINDOORstorage sells or disposes of the Goods, it will give occupant notice in writing directing occupant to pay (if occupant is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by occupant to RocINDOORstorage in writing and by email if you have elected not to receive traditional mail. If no address within the USA has been provided, RocINDOORstorage will use any land or email address it holds for occupant. If occupant fails to pay the Debt and/or collect the Goods (as appropriate) within one month of this notice RocINDOORstorage will access your space and begin the process to sell or dispose of the Goods. Occupant consents to and authorizes the sale or disposal of all Goods without further notice regardless of their nature or value. RocINDOORstorage will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. RocINDOORstorage may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.
8. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, occupant must pay RocINDOORstorage the balance within 7 days of a written demand from RocINDOORstorage. RocINDOORstorage may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from occupant, RocINDOORstorage will hold the balance for occupant but no interest will accrue on it.
9. If, in the opinion of RocINDOORstorage and entirely at the discretion of RocINDOORstorage, a defaulting occupant’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, occupant authorizes RocINDOORstorage to treat the Goods as abandoned and RocINDOORstorage may dispose of all Goods by any means at occupant’s cost. RocINDOORstorage may dispose of occupant’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of RocINDOORstorage, severely damaged, of no commercial value, or dangerous to persons or property. RocINDOORstorage does not need the prior approval of occupant to take this action but will send Notice to occupant within 7 days of assessing the goods
10. Any items left unattended in common areas or outside the occupant’s Unit at any time may at RocINDOORstorage’s discretion be moved, sold or disposed of immediately with no liability to RocINDOORstorage.
11. WAIVER. The failure of Owner on previous occasions to take action for non-compliance with this agreement or the rules and regulations will not prevent Owner from taking action for subsequent noncompliance. The receipt of any charge with knowledge of non-compliance is not a waiver of such noncompliance. The acceptance of one or more partial payments will not be a waiver of the balance of those payments, or a waiver of the full payment of any future payments, or any of Owner’s rights or remedies for the failure to make full payment. Partial payments may be applied by Owner to any unpaid charges selected by Owner. A written waiver by Owner of any non-compliance or non-payment will apply only to the specific performance or payment covered by the written waiver, and will not be a waiver of any future performance or payment.
ACCESS:
ACCESS:
12. Occupant has the right to access the Unit during Access Hours as posted by RocINDOORstorage and subject to the terms of this Agreement. RocINDOORstorage will try to provide advance warning of changes to Access Hours by notice at the Facility but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
13. Only occupant or others authorized or accompanied by occupant (its Agents) may access the Unit. occupant is responsible for and liable to RocINDOORstorage and other users of the Facility for its own actions and those of its Agents. RocINDOORstorage may (but is not obliged to) require proof of identity from occupant or any other person at any time and, at RocINDOORstorage’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
14. RocINDOORstorage may refuse occupant access to the Unit and/or the Facility where monies are owing by occupant to RocINDOORstorage, whether or not a formal demand for payment has been made, or if RocINDOORstorage considers the safety or security of any person, unit or goods on or at the Facility will be put at risk.
15. Occupant should not share access with or permit access to the Unit to any person other than its own Agent who is responsible to occupant and subject to its control. If occupant does so, it does so at its own risk.
16. Occupant authorizes RocINDOORstorage and its agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or if RocINDOORstorage believes the Unit is being used to store prohibited goods or for a prohibited purpose; or if RocINDOORstorage is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or exercise RocINDOORstorage’s lien or power of sale or disposal in accordance with this Agreement.
CONDITIONS:
17. RocINDOORstorage will not be responsible for locking any unlocked Unit. Where applicable, occupant will secure the external gates and/or doors of the Facility
18. USE OF PREMISES AND COMPLIANCE WITH LAW. The storage unit is only to be used for the storage of personal property solely owned by Occupant and in accordance with the terms and conditions of this agreement. The storage unit may not be used for residential purposes or to house live animals. Occupant acknowledges and understands that the storage unit is not suitable for and will not be used for the storage of items of sentimental, intrinsic, or extraordinary value including, but not limited to, heirlooms, irreplaceable documents or records, art work, irreplaceable or invaluable property, or other objects for which no immediate resale market exists as well as objects of special or emotional value to occupants. The storage unit may not be used for any unlawful purpose, nor to store items that are illegal, or are being used or held for use in a manner that is illegal or violates the rights (including but not limited to the intellectual property rights) of Owner or any third party. Furthermore, Occupant will not use the storage unit to store any USDOT Hazardous Materials Classes 1-9, explosives, compressed gases of any type, flammable or combustible liquids, flammable solids, oxidizers, poisons, radioactive materials, or corrosives; nor any food that dispels odor, spoilage or decay and/or whose storage or use contravenes the law. Additionally, the storage unit may not be used to store items that have an objectionable odor or which may spoil or decay, or items that have infestation, pests or other nuisances. Occupant will not allow any other person to use the storage unit. The Occupant agrees to hold the Owner and/or other occupants and third parties harmless and indemnify, save and defend such persons from any loss caused by or resulting from a violation of this paragraph and for any claims, action, proceeding, liability, loss, damage and expense, including attorney’s fees arising out of any act or omission of Occupant or Occupant’s agent. The occupant will be liable under Condition 27 for any breach of this Condition 16.
19. Occupant will use the Unit solely for the purpose of storage and shall not (or allow any other person to):
(a) use the Unit as offices or living accommodation or as a home, business or mailing address;
(b) use or do anything at the Facility or in the Unit which may be a nuisance to RocINDOORstorage or any other person (including the escape of any substance or odor from or generation of noise or vibration which may be heard or felt outside the Unit);
(c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of RocINDOORstorage or any other person;
(d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit;
(e) connect or provide any utilities or services to the Unit unless authorized by RocINDOORstorage; or
(f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Facility.
20. The occupant must maintain the Unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness of or damage to the Unit or Facility, RocINDOORstorage will be entitled to charge a Cleaning Fee, and/or claim full reimbursement from the occupant of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse or other items left behind anywhere in the facility, or that in any way affects the use of the facility by others. Such charges will be applied to the occupant’s payment method in the first instance and will incur a minimum $75 fee.
21. Occupant must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other unit users, inform RocINDOORstorage of any damage or defect immediately it is discovered and comply with the reasonable directions of RocINDOORstorage’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as RocINDOORstorage shall issue periodically. Occupants must not block any entrance, block any car parking spaces or leave items outside or inside the facility such as to block access in any way. Occupants found doing so will incur a fee of at least $75 in the first instance and may have their contract terminated with immediate effect.
22. This Agreement does not confer on the occupant any right to exclusive possession of the Unit and RocINDOORstorage reserves the right to relocate occupant to another Unit not smaller than the current Unit (a) by giving 14 day’s notice during which the occupant can elect to terminate their agreement under Condition 3 or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, RocINDOORstorage will pay occupant’s reasonable costs of removal if approved in writing by RocINDOORstorage in advance of removal. If occupant does not arrange removal by the date specified in RocINDOORstorage’s notice, then occupant authorizes RocINDOORstorage and its agents to enter Unit acting as occupant’s agents and at occupant’s risk (except for damage caused willfully or negligently which is subject to the limitations in Condition 25).
23. Occupant must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and is advised to inspect the Unit before storing Goods and periodically during the storage period. RocINDOORstorage makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
24. RocINDOORstorage may refuse to permit occupant to store any Goods or require occupant to collect any Goods if in its opinion storage of such Goods creates a risk to the safety of any person or property.
25. Occupant must give Notice to RocINDOORstorage in writing of the change of address, phone numbers or email address of the occupant within 48 hours of any change.
RISK AND RESPONSIBILITY:
26. RocINDOORstorage will not be liable for any loss or damages suffered by occupant resulting from an inability to access the Facility or the Unit, regardless of the cause.
27. The Goods are stored at the sole risk and responsibility of occupant who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason whatsoever. RocINDOORstorage excludes all liability in respect of loss or damage to (a) occupant’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods above the sum of $100, which RocINDOORstorage considers to be the normal excess on a standard household policy whether or not that policy would cover the Goods. RocINDOORstorage does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or willful default on the part of RocINDOORstorage, its agents and/or employees.
28. RocINDOORstorage does not insure the Goods and it is a condition of this Agreement that the Goods remain insured at all times while they are in storage against all Normal Perils for their Replacement Value. Occupant warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the Replacement Value. RocINDOORstorage does not give any advice concerning insurance cover given by any policy and occupant must make its own judgment as to adequacy of cover even when facilitated by RocINDOORstorage. Inspection of any insurance documents provided by occupant to demonstrate cover does not mean RocINDOORstorage has approved the cover or confirmed it is sufficient.
29. Occupant will be liable for and compensate RocINDOORstorage for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by RocINDOORstorage or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by occupant or any of its Agents or (c) enforcement of any of the terms of this Agreement.
30. OCCUPANT’S DUTY TO NOTIFY: MILITARY STATUS. BANKRUPTCY. Occupant hereby certifies that he/she is not currently in the Military Service of the United States Government, nor is he/she supported by anyone currently in the Military Service of the United States Government and expressly waives the requirements of Owner to produce an affidavit to this effect in any legal proceeding. If Occupant is in, or becomes a member of, the military service Occupant must provide written notice to Owner. (See addendum SCRA). Owner will rely on this information to determine the applicability of the Service Members Civil Relief Act. It is the Occupant’s responsibility to notify Owner, by certified mail-return receipt requested, of any filing for bankruptcy or petition for relief with any bankruptcy court, and to list Owner as a creditor in any such proceeding.
31. Occupant acknowledges and agrees to comply with this Agreement and all relevant laws and regulations as are or may be applicable to the use of the Unit. This includes laws relating to the material which is stored and the manner in which it is stored. Liability for any and all breach of such laws rests absolutely with occupant, and includes any and all Liabilities resulting from such a breach.
31. Occupant acknowledges and agrees to comply with this Agreement and all relevant laws and regulations as are or may be applicable to the use of the Unit. This includes laws relating to the material which is stored and the manner in which it is stored. Liability for any and all breach of such laws rests absolutely with occupant, and includes any and all Liabilities resulting from such a breach.
32. If RocINDOORstorage has reason to believe that occupant is not complying with all relevant laws RocINDOORstorage may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 14 and 31, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at occupant’s expense. Occupant agrees that RocINDOORstorage may take such action at any time even though RocINDOORstorage could have acted earlier.
33. In respect of circumstances outside RocINDOORstorage’s reasonable control, RocINDOORstorage shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labor disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labor, materials or transport, electrical power or internet failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, RocINDOORstorage will not be responsible for failing to allow access to the goods, Unit and/or the Facility for so long as the circumstances continue. RocINDOORstorage will try to minimize any effects arising from such circumstances.
PERSONAL INFORMATION:
34. RocINDOORstorage collects information about the occupant on registration and whilst this Agreement continues, including personal data (Data). RocINDOORstorage processes Data in accordance with the Data Protection Act 1998 and uses it to process payments, communicate with occupant and generally maintain occupant’s account. RocINDOORstorage may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which RocINDOORstorage is a member. If occupant applies for RocINDOORstorage’s insurance, RocINDOORstorage will pass Data on to the insurer, who may enter such Data onto a register of claims shared with other insurers to prevent fraudulent claims. RocINDOORstorage will release Data and other account details at any time if it considers in its sole discretion this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Facility, (f) if RocINDOORstorage considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if RocINDOORstorage sells or buys any business or assets, it may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of RocINDOORstorage’s assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that RocINDOORstorage holds on them and requests should be emailed or sent to the addresses on the cover sheet. A small charge may be made for this service.
35. If occupant agrees, RocINDOORstorage will use Data for marketing and like purposes, including to provide occupant with information on products or services provided by RocINDOORstorage and/or its business partners in response to requests from occupant or if RocINDOORstorage believes they may be of interest.
NOTICE:
36. Notices to be given by RocINDOORstorage or occupant must be in writing and must either be delivered by email, by hand, by phone, by sms, or sent by pre-paid post. Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or SMS or 48 hours after posting. Any notice from occupant must be sent to RocINDOORstorage at the email or postal address at the top of this page. In the event that there is more than one occupant, Notice to or by any single occupant is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.
TERMINATION:
37. Either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated at the top of this agreement. In the event of illegal or environmentally harmful activities on the part of the occupant or a breach of this Agreement (which, if it can be put right, occupant has failed to put right within 14 days of notice from RocINDOORstorage to do so), RocINDOORstorage may terminate the Agreement immediately without notice period. RocINDOORstorage is entitled to make a charge for apportioned Storage Fees if less than the requisite Notice is given by occupant. Occupant must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of RocINDOORstorage. In the event that Goods and/or refuse are left in the Unit after the Termination Date, Conditions 5 and 18 will apply. Occupant must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to RocINDOORstorage up to the Termination Date, or Conditions 4 to 8 may apply. Any calculation of the outstanding fees will be by RocINDOORstorage. If RocINDOORstorage enters the Unit for any reason and there are no Goods stored in it, RocINDOORstorage may terminate the Agreement without giving prior Notice but will send Notice to Customer within 7 days.
38. Occupant agrees to examine the Goods carefully on removal from the Unit and must notify RocINDOORstorage of any loss or damage to the Goods as soon as is reasonably possible after doing so.
39. Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
GENERAL:
40. RocINDOORstorage may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to occupant in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of RocINDOORstorage’s notice. Occupant may terminate without charge before the change takes effect by giving notice in accordance with Condition 34. Otherwise, occupant’s continued use of the Unit will be considered as acceptance of and agreement to the amended terms.
41. Occupant acknowledges and agrees that:
(a) the terms of this document constitute the whole contract with RocINDOORstorage and, in entering this contract, occupant relies upon no representations, oral or otherwise, other than those contained in this Agreement;
(b) it has raised all queries relevant to its decision to enter this Agreement with RocINDOORstorage and RocINDOORstorage has, prior to the occupant entering into this Agreement, answered all such queries to the satisfaction of occupant;
(c) any matters resulting from such queries have, to the extent required by occupant and agreed to by RocINDOORstorage, been reduced to writing and incorporated into the terms of this Agreement;
(d) if RocINDOORstorage decides not to exercise or enforce any right that it has against occupant at a particular time, then this does not prevent RocINDOORstorage from later deciding to exercise or enforce that right unless RocINDOORstorage tells occupant in writing that RocINDOORstorage has waived or given up its ability to do so;
(e) it is not intended that anyone other than occupant and RocINDOORstorage will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it;
(f) if any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law;
(g) Occupant may not assign or transfer any of its rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility; and
(h) where occupant consists of two or more persons each person takes on the obligations under this Agreement separately.
42. This Agreement shall be governed by the laws of United States and any dispute or claim that either party brings will be decided by the Courts of the United States. The parties must endeavor 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 emergency interlocutory relief, that it has first offered to submit the dispute to mediation.
PLEASE READ THE ABOVE CONDITIONS CAREFULLY AS BY ACCEPTING THE TERMS AND CONDITIONS YOU WILL BE BOUND BY THEM.
I/we consent to receiving correspondence from the facility owner by SMS to my mobile, email, post and by telephone.
I/we acknowledge that the above key points have been drawn to my/our attention and I/we have read and understood them.
I/we agree to be bound by the conditions of this Agreement.