The customer "consumer-bailor" and Boomerang 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 will be any litigation as a result of the breach of this clause or if the consumer/bailor breaches any other provision of this contract then the consumer-bailor agrees to pay all charges that may be due together with such costs and expenses including attorneys fees and court costs 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. All goods deposited upon which storage or shipping and all other expenses are not paid when due, will become property of the Company.
(b) Accounts are due 7 days after the time of pickup. All payments paid after our 7 day grace period are subject to a late fee of $25 per month. The consumer-bailor cannot collect their property until the complete balance is paid in full.
(c) Registration Fee: Upon registering for service, a $20 reservation fee will be charged to your account.
(d) Customer authorizes Boomerang Storage, LLC to charge all balances due to the payment form on file in the event the customer is not present.
(e) Customer authorizes Boomerang Storage, LLC to charge all balances due to the payment form on file in the event the customer has an outstanding balance due including any late fees.
(a) If for any reason the consumer-bailor does not communicate with the company within 30 days of the consumer-bailor's storage term expiring to arrange for delivey of goods or extension of term, the company will place a lien on all consumer-bailor's stored items. The consumer-bailor will be responsible for all accrued charges and fees associated with increasing storage duration, delivery, and late fees. The company will take ownership of the consumer-bailor's stored items after a 60 day period of any deliquent payment due to the company.
(b) If the consmer-bailor isn't present to receive their stored items,
3. LIABILITY OF THE COMPANY:
(a) The company when transporting to or from the facility for storage, moving, or shipping, 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, street traffic, elevator service or other causes beyond the control of the company.
(c) 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) The consumer-bailor agrees that no liability of any kind shall attach to the company for any damage caused to the consumer-bailor's goods by mice, moths, vermin or other insects, rust, mold, fire, water, changes in temperature, fumigation, or deterioration.
(e) Unless additional declared value coverage is stated and purchased solely from Boomerang Storage, LLC, the consumer-bailor or owner declares that any loss or damage arising out of storage, shipping, moving, transportation, packing, unpacking, fumigation, cleaning or handling of the goods, 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 no more than $100.00 per listed item or package. Each listed and tendered package or item with the company, comes with an automatic $100.00 of declared value coverage which can only be activated if negligence by the company is determined. Addition declared value coverage for your tendered items or packages may only be purchased directly from Boomerang Storage, LLC for a rate of $4.00 per $100.00 of value. Our declared value coverage limit for our per customer for our student storage services is a maximum of $500.00 per package or a maximum of $1500.00 declared value coverage per customer per order.
4. ADDRESS AND CHANGE:
It is agreed that the address of the consumer-bailor of goods for storage is as given on the front side of this contract 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. 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 INSURANCE CLAIM
(a) As a condition precedent to recovery claim must be in writing supported by a paid storage bill and filed with the company within 5 days after delivery of the goods. To file a claim for damage or loss the consumer-bailer must email service@@boomerangstorage.com. 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 one month after the date of delivery by the company.
(b) In order to file a damage or loss claim, the company must inspect damaged articles to determine if the validity of the damage or loss within 5 date of receipt of the consumer-bailors stored items. If the consumer-bailor is not present at the time of delivery, any physical damage will be notated by the company and the consumer-bailor agrees to make arrangements with the company to physically inspect any and all damaged goods within 5 days after arriving at the delivery location registered with the company.
(c) In the event of a loss or damage claim filed against the company, valuation accessed to the consumer-bailor's lost or damaged property will reflect depreciation of consumer-bailor property to establish a fair market value for claim settlement purposes.
(d) Physical damage to the exterior of an unboxed stored item must be present upon delivery in order to be considered for an insurance claim. In addition, trunks, plastic bins or boxes that are used to store your belongings are treated as a box to protect the items on the inside only. We do not cover trunks, plastic bins or boxes if broken.
(e) Consumer-bailor agrees to initially file any damage or loss claim with their own insurance policy or their parent's insurance policy if such a policy exists. If the consumer-bailor's insurance company denies the insurance claim, Boomerang Storage, LLC shall have no liability attached to the claim whether in whole or in part.
(f) If any damage or loss is not reported to the company by the consumer-bailor within 5 days of recipt of the consumer-bailor's stored items, the damage or loss related claim shall be entirely waived.
(g) If physical damage is determened- caused by the company, the company shall have the right to make reasonable repairs or replace the damaged item (if deemed not repairable) at it's depriciated value or whichever is less, up to a maximum of $100.00, unless additional declared value insurance was purchased for said item.
6. CORRECTION OF ERRORS:
The consumer-bailor agrees that unless notice is given in writing to the company within ten 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 consumer-bailor and the company. The company may modifiy this contract without written notice at any time. To all the property whether household goods or goods of any other nature or description which the company may now, or any time in the future store, pack, transport or ship for the owners account.
8. GENERAL CONDITIONS:
(a) If goods need be picked up or delivered beyond what the company determines as reasonable flights of stairs,or distanced moved, 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. Consumer-bailor agrees to pay the hourly charge in this contract for waiting time caused by lack of sufficient elevator service.
(b) Moving charges do not include the taking down or putting up / assembling 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) The consumer-bailor will be charged Boomerang Storage's moving rates as list in our FAQ section of our website if moving services are mutually deemed necessary between the consumer-bailor and Boomerang Storage.
(d) All storage rates charged to the consumer-bailor are for a minimum of a three month period. No refunds will be given to the consumer-bailor for storage delivered earlier than scheduled drop off dates Boomerang Storage LLC, provides for each consumer-bailor, unless arranged at time of sign up. The consumer-bailor will also pay an early delivery charge for early delivery or late delivery charge for late delivery on receipt of the consumer-bailor's storage from the warehouse if not arranged with Boomerang Storage, LLC prior to the consumer-bailor's storage pick up.
(e) This contract shall be construed in the accordance with the laws of the Commonwealth of Massachusetts and each party hereto submits to the jurisdiction of the Courts of the Commonwealth of Massachusetts for all purposes with respect to the subject matter hereof, each part hereto waiving to the extent not prohibited by law, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such proceeding, any claim that is not subject personally to the jurisdiction of the above-named courts for such proceedings.
(f) The Consumer/Bailor agrees to indemnify and hold harmless the company from any injury, loss, cost or damage arising from injuries to persons and damage to property arising out of or relating to Consumer/Bailor's property placed for storage with the company.