Boomerang Storage Terms & Conditions Agreement
Last updated: March 6, 2026
Storage Agreement, entered into between you, our customer (referred to as “You,” “Your,”“Yourself,” or “Storage Depositor”), and Boomerang Storage, LLC (referred to as “Boomerang,”“Company,” “We,” “Us,” or “Our”), a Massachusetts limited liability company whose principaloffice is located at 190 Moody Street, Ludlow, Massachusetts 01056, and that You have read,understand and accept this Agreement as a binding agreement covering the bailment of personaleffects and property (the “Goods”) and Our Privacy Policy, incorporated by this reference. The“Parties” refers to You and Us, together. “Party” as used herein, means either You or Us, asapplicable.
WHEREAS, Boomerang is engaged in the business of storing property and desires to furnish toYou certain storage and related services, as hereinafter more fully described;WHEREAS, You desire to obtain such storage and related services from Boomerang.NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forthherein, and for other good and valuable consideration, the receipt and sufficiency is herebyacknowledged, the Parties agree as follows:
1.1. Services. This Agreement covers the use of Our products, websites and services (the“Services”).
1.2 Your Permitted Use. Subject to Your compliance with this Agreement, including timelypayment of all fees (described herein), We grant You a personal, limited, terminable,non-exclusive, non-transferrable right to access Our websites and use of Our Services solely forYour personal, family, or household use.
1.3 Student Storage Services. The Services available for purchase through Our websites arefor delivery of the Goods, otherwise used during Your academic term, to Us for storage duringbreak(s) in academic terms, redelivery of same and certain other agreed services incidental to thebailment of the Goods (the “Student Storage”).
1.4 Records Incorporated Herein. When You register an order for Student StorageServices, and manifest Your assent to contract with Us, We shall deliver an electronic record ofthis Agreement to You via Your email address on file in Your account. When We pick up or dropoff the Goods We shall issue an electronic pickup or delivery receipt (the “Goods Receipt”), toYour email address, which Goods Receipt shall acknowledge the quantity, content and conditionof the Goods You make available to Us for pickup or drop off for Student Storage Services.Goods Receipt(s) shall, by this reference, be adopted and incorporated herein with respect to theStudent Storage Services purchased.
1.5 Your Responsibility for Notification of Us of Errors. You agree to provide Us withnotice of any order discrepancies in this Agreement by 11:59 PM EST on or before the fifth (5th)day after We email it to You. If not, Your order shall be deemed accurate, complete andaccepted. You agree to provide Us with notice of any order discrepancies by 11:59 PM EST onor before the fifth (5th) day after pickup or delivery, as the case may be. A Goods Receipt isemailed immediately upon pickup or delivery of the Goods. You must report any issues with theorder promptly. If not, it shall be deemed accurate, complete and accepted in all respects.
You represent and warrant to Us that You are lawfully possessed of all of the Goods depositedwith Us and have the right and authority to contract for services of all of the Goods tendered,upon provisions, limitations, terms and conditions herein set forth and that there are no existingliens, mortgages or encumbrances on the Goods. You agree to indemnify, defend and hold Usand Our agents harmless from and against any and all loss, costs and expense (includingreasonable attorneys’ fees) which We pay or incur as a result of any dispute, litigation orarbitration, whether instituted by Us or others, respecting Your right, title or interest in theGoods. Such amounts shall be charged in relation to the Goods and subject to Our lien, furtherdescribed in Section 7 (Our Lien).
3.1 Control Over Goods. By depositing the Goods in Your possession to Us, Youacknowledge and agree that We are thereby entitled to receive, control, hold and dispose of theGoods covered by and pursuant to this Agreement. Any of the Goods accepted by Us shallconstitute the Goods under this Agreement.
3.2 Additions To Goods Entrusted. Any additional property deposited for Student StorageServices, shall be deemed subject to this Agreement. We may comingle the Goods covered bythis Agreement with any other Goods stored on Your behalf, without regard to whether theGoods are fungible in law or fact.
3.3 Our Right To Inspect. All property tendered to Us is subject to inspection. Bydepositing the Goods with Us, You grant consent to such inspection.
4.1 Minimum Storage Period. All storage rates charged to You are for a minimum of aschool term or break (i.e., fall term or summer term), which shall be deemed no less than a four(4) month period. We won’t refund You for Goods delivered earlier than scheduled drop offdates that We provide for each customer, unless You made special arrangements with Us towhich We agreed at time of registering for Student Storage Services with Us. An early deliverycharge for early delivery or late delivery charge for late delivery on receipt of Your Goods fromUs shall be charged, unless You made special arrangements with Us to which We agreed prior topickup of the Goods.
4.2 Storage Charges Per Package Per Article. Unless otherwise agreed in writing or byelectronic means, all charges for storage are per package, per article or other agreed unit perstorage period. If there is a charge associated with a portion of the Services, You agree to paythat charge when due. Payment due seven (7) days after the time of pickup. All payments paidafter Our seven (7) day grace period are subject to a late charge.
4.3 Reservation Fee and Refund of Reservation Fee. Full refunds of the reservation feewill be honored if made BEFORE We distribute packing supplies to Your school. This means,Your reservation fee becomes non-refundable if You do not notify Us of cancellation of Yourorder for Student Storage Service BEFORE We make delivery of packing supplies to Yourschool. Example: If We deliver packing supplies to Your school on May 1 and You have notcancelled Your order by notifying Us before 11:59 PM EST on April 30, Your reservation feebecomes non-refundable.
4.4 STORAGE CHARGES SUBJECT TO VERIFICATION AT PICK UP. PRICEDEPENDENT ON THE QUANTITY, SIZE, WEIGHT AND VALUE YOU PLACE ONTHE GOODS DELIVERED TO US FOR STORAGE AND THE DURATION OF THESTORAGE PERIOD YOU SELECT. YOU ACKNOWLEDGE AND AGREE THATACTUAL STORAGE CHARGES SHALL BE DETERMINED AND ESTABLISHEDBASED ON THE ACADEMIC TERM(S) OR BREAK(S) (WHICH MAY OR MAY NOTINCLUDE WINTER OR SUMMER BREAKS) SELECTED FOR STORAGE, ACTUALNUMBER AND SIZE OF ITEMS AND PACKAGES YOU MAKE AVAILABLE ON THEDAY OF PICKUP AND THE DECLARED ADDITIONAL VALUE PROTECTION, IFANY, YOU PURCHASE ON SUCH ITEMS AND PACKAGES. YOU ACKNOWLEDGEAND AGREE, BECAUSE OF THE FOREGOING, THE ACTUAL PRICE CHARGEDTO YOU FOR THE STUDENT STORAGE SERVICES CANNOT BE FINALIZEDUNTIL THE GOODS ARE PICKED UP BY US AND THE DETAILS OF THE GOODSCAN BE VERIFIED.
4.5 Your Billing Account. To pay charges for the Student Storage Services, You shall beasked to provide a payment method at the time You place an order for Student Storage Service.You can access and change Your billing information and payment method on Our websitesthrough Your account. Additionally, You agree to permit Us to use any updated informationregarding Your selected payment method provided by Your issuing bank or the applicablepayment network. You agree to promptly update Your account and other information, includingYour email address and payment method details, so We can complete Your transaction(s) andcontact You as needed in connection with Your transactions.
4.6 Billing. By providing Us with a payment method, You: (i) represent that You areauthorized to use the payment method You provided and that any payment information Youprovide is true and accurate; (ii) authorize Us to charge You for the Student Storage Services andlate charges on outstanding balances due using Your payment method; (iii) authorize Us to savethe payment information on file and use it to charge You for any paid feature of the Service Youchoose to sign up for (such as declared valuation charges) or while this Agreement is in force;and (iv) authorize Us to charge You for all balances due on the payment form on file in the eventYou are not present. We may bill You: (a) in advance; (b) at the time of purchase; and (c) shortlyafter purchase. We may charge You up to the amount You have approved.
4.7 Consequence of Refusing or Neglecting to Accept Redelivery of Goods. If You fail orrefuse to accept delivery of the Goods at the end of the storage term, You shall be in breach ofthis Agreement and the Goods remaining in storage shall accrue storage charges, proratedmonthly based on the storage charge paid for the term or terms that You have ordered with Us,and all other charges, including but not limited to warehouse handling charges, late charges andcosts of preserving the Goods at Your expense. Such amounts shall be charged in relation to theGoods and subject to Our lien, further described in Section 7 (Our Lien).
5.1 Termination, Proration and Sale. We may, after notice to You, terminate the storage ofthe Goods at any time by demanding removal of the Goods by the end of the next succeedingmonth at Your expense. Thus, You shall always have in excess of thirty (30) days’ notice. If theGoods are not removed before the end of the next succeeding month – Our having provided Youwith more than thirty (30) days’ notice – We may sell the Goods in accordance with applicablelaw. If at the time of notice of termination the storage charge has been paid by You for theStudent Storage Services, We agree to refund the unused portion of the consideration paid forsuch Student Storage, calculated on a pro rata basis over the period of the storage term for thedays remaining on the term beginning on the day after removal of the Goods, provided Youremove all the Goods prior to the deadline that the Goods are to be removed in Our notice oftermination.
5.2 Hazardous Goods. If as a result of the quality or condition of the Goods of which Wehad no notice at the time of deposit, the Goods are a hazard to the property of others or to thewarehouse facility or to persons, We may sell the Goods at public or private sale withoutadvertisement on reasonable notification to all persons known to claim an interest in the Goods.If, after reasonable effort We are unable to sell the Goods, We may dispose of them in any lawfulmanner and shall incur no liability by reason of such disposition.
6.1 Private Carriage. When We transport to or from the warehouse facility for storage,moving, or shipping, We act as a private carrier only, reserving the right to refuse any order fortransporting and in no event as a common carrier.
6.2 Force Majeure. When the Goods are ordered out of the location for pickup or Ourwarehouse, a reasonable time shall be given to Us to carry out the instructions, and if We areunable because of acts of war, insurrection, labor troubles, strikes, acts of God or the publicenemies, riots or civil commotions, seizure under legal process, lockouts, the elements, streettraffic, elevator service or any other reason beyond Our reasonable control, or because of loss ofor damage to the Goods for which We are not liable, or because of any other excuse provided bylaw, in which case, We shall not be liable for failure to carry out pickup or delivery instructionsand the Goods remaining in storage shall continue to be subject to charges for storage covered byOur lien, further described in Section 7 (Our Lien).
6.3 Electronic/Mechanical Goods. We shall not be responsible for mechanical or electricalfunctioning of any item such as but not limited to, pianos, radios, stereos, television sets, clocks,computers, tablets, watches, refrigerators, microwaves, air conditioners, or other instruments,equipment or appliances whether or not We packed or unpacked them.
6.4 Fragile Goods, Artwork, Mirrors. We shall not be responsible for any fragile items,artwork or mirrors injured or broken, unless packed by Us and then unpacked by Us at the timeof delivery. We shall not be responsible for damage to television sets, monitors, and the like,unless packed in original packaging or boxed using original factory packaging designed forshipping or special TV/Monitor boxes.
6.5 Pressboard Goods. We shall not be responsible for damage to Ikea furniture or furnituresimilar to Ikea due to the inherent nature of such articles’ unstable construction.
6.6 Articles of Extraordinary Value. Unless You make a separate declaration as providedin subsection 8.2 We shall not be liable for loss of or damage in excess of $100 for suchundeclared articles; defined as articles having a value greater than $100 per pound per article. Ifby inadvertence, an article or articles of extraordinary value are included without Ourknowledge, and You then make a claim for loss of or damage to such article(s), to the extent suchloss or damage is caused by the failure to provide that degree of care the law requires, asprovided in this Agreement, Our liability for monetary damages for loss or damage to sucharticle(s) shall not exceed $100 per item or package.
6.7 Third-party Carriers. We shall act at times as an intermediary for UPS Store.TM Youare advised that UPS StoreTM holds itself out to transport general commodities, as usually defined,subject to the restrictions that are available at its website (https://www.theupsstore.com/). Youacknowledge and agree to become familiar with UPS StoreTM restrictions prior to releasing YourGoods to Us.
6.8 No Service Shall Be Rendered and the Following Articles Shall Not Be Accepted By Us:
(i) Valuables such as jewelry, currency and collectibles.
(ii) Hazardous materials such as compressed gases (i.e., propane tanks, butane), corrosiveproducts (i.e., lithium-ion or NiCd batteries and battery acid), substances that are toxic orpoisonous (i.e., pesticides, cleaning fluids), reactive, volatile or combustible liquids (i.e., linseedoil, motor oil, kerosene), flammable solids or liquids (i.e., safety matches, mineral spirits,turpentine, acetone, ethanol), explosive, or that are, at any time, regulated by state, Federal orlocal authorities. If We discover such articles in shipment or storage, We may warehouse them atthe beneficial owner’s risk and expense or destroy them without compensation to the beneficialowner or You. Every party, whether principal or agent, shipping or storing such article(s),without previous full written disclosure to Us of their nature, shall be liable for and shallindemnify, defend and hold Us and Our agents harmless from and against any and all fines,losses, costs, expense (including reasonable attorneys’ fees) caused by such article(s), andfurther, You are advised that We shall not be liable for safe delivery of the Goods caused by Yourbreach of this provision, including for improper inclusion in a shipment of such prohibitedarticle(s).
(iii) Firearms or ammunition.
(iv) Perishable articles, tobacco, medications, plants of any kind.
(v) Articles prohibited by law or regulations of any federal, state, or local government in the U.S.
(vi) Articles containing liquids (NO ALCOHOL). You acknowledge that You shall be liablefor any damage or loss that Your Goods may inflict on the warehouse facility, equipment, thegoods, or the property of others while in transit, storage, or otherwise caused by leakage or spills.
You accept full responsibility and legal liability for any damages or losses resulting fromincluding articles described in this subsection 6.8(i) – (vi) without Our knowledge in the GoodsYou deliver to Us for deposit.
6.9 Right to Refuse. We reserve the right to refuse any article or package that by reason ofthe dangerous or other character of its content, is liable, in Our judgment, to soil, taint, orotherwise damage other property, or that is economically or operationally impractical totransport, or that is improperly packaged or wrapped.
We shall have a general lien on and against the Goods deposited by You in Ourpossession covered by this Agreement (and on proceeds from sale of the Goods) for all chargesfor storage, handling or transportation (including demurrage, warehouse handling and terminalcharges), insurance, labor, weighing, coopering, interest, late payment charges and other chargesand expenses present or future in relation to the Goods, and for expenses necessary forpreservation of the Goods or reasonably incurred in their sale until fully paid, and until that timeWe shall be entitled to exclusive possession and custody of the Goods. We further claim ageneral lien for similar charges and expenses with respect to any other property that You store inany warehouse owned or operated by Us wherever located and whenever deposited and withoutregard to whether or not said other property is still in storage. The Goods covered by Our lienshall not be transferred, shipped or delivered until all accrued charges and expenses shall havebeen fully paid.
8.1 Duty of Care. We shall not be liable for any loss of or damage to the Goods storedhowever caused unless that loss or damage resulted from Our failure to exercise such care withregard to the Goods that a reasonably careful person would exercise under similar circumstances,and We shall not liable for damages that could not have been avoided by the exercise of that care.Where loss or damage occurs to tendered, stored or handled Goods, for which We are not liable,You shall be responsible for the cost of removing and disposing of such Goods and the cost ofenvironmental cleanup and site remediation from the loss or damage to the Goods.
8.2 LIABILITY FOR LOSS OR DAMAGE. IN CONSIDERATION OF THE BASERATE CHARGED FOR THE STORAGE OF YOUR GOODS, IT IS AGREED THAT IFANY OF YOUR GOODS ARE LOST OR DAMAGED, THE MAXIMUM DAMAGESTHAT WE MAY BE LIABLE TO PAY SHALL BE LIMITED TO THE ACTUAL VALUEOF THE GOODS; AND IN NO CASE SHALL OUR LIABILITY EXCEED $100.00 PERLISTED ITEM OR PACKAGE, OR A TOTAL OF $500 FOR ALL OF YOUR GOODS,WHICHEVER IS LESS; PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY BEINCREASED UPON YOUR WRITTEN OR ELECTRONIC REQUEST TO US ON PARTOR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONALCHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. IF YOUCHOOSE TO DECLARE A HIGHER VALUE, WE CHARGE AN EXTRA $10 FOREVERY EXTRA $100 OF VALUE YOU DECLARE ON EACH ITEM OR PACKAGE.THIS EXTRA VALUATION CHARGE SHALL BE ADDED TO THE BASE STORAGECHARGE. THE EXTRA DECLARED VALUE YOU CHOOSE MUST BE PLACED ONTHE SPECIFIC ITEM AND/OR PACKAGE YOU LIST IN YOUR ORDER. IF YOUDECLARE A HIGHER VALUE FOR A PACKAGE, THE EXTENT OF THATCOVERAGE IS LIMITED TO ALL OF THE ITEMS IN YOUR PACKAGE. THEEXTRA COVERAGE YOU PURCHASE AND SPECIFIC ITEM OR PACKAGE YOUSELECT TO PLACE THE COVERAGE ON MUST BE STATED IN THISAGREEMENT WHEN YOU PLACED YOUR ORDER TO BE VALID. WHEREADDITIONAL VALUE PROTECTION IS PURCHASED, OUR DUTY OF CARE TOYOUR GOODS THAT THE LAW REQUIRES REMAINS UNCHANGED.
8.3 Settlement Shall Take Into Account Depreciation. All timely claims for loss of ordamage to the Goods filed pursuant to subsection 9.1, shall be settled with Our liability limited tothe actual cash value (i.e., reflecting depreciation) or $100 per lost or damaged item or package,whichever is less, unless You declared and purchased extra coverage over $100 per listed item orpackage, in which case, such claims shall be settled with Our liability limited to the declaredvalue or cash value (i.e., reflecting depreciation) of the lost or damaged item or package,whichever is less.
8.4 We May Elect to Repair. At Our election, if physical damage is determined- caused byUs, We may make reasonable repairs or replace the damaged item (if deemed not repairable) atthe depreciated value or, up to a maximum of $100.00, whichever is less, unless additionaldeclared value protection was declared and purchased from Us for said item, in which case, suchclaims shall be settled with Our liability limited to the declared value or cash value (i.e.,reflecting depreciation) of the damaged item, whichever is less.
8.5 Containers/Packaging Not Covered. Physical damage to the exterior of an unboxeditem must be present upon delivery in order to be considered for a claim. Trunks, plastic bins orboxes that are used to store the Goods are treated as a box to contain the items on the inside only.We shall not be liable for damages to trunks, plastic bins or boxes, however caused.
8.6 No Insurance. THE GOODS ARE NOT COVERED BY INSURANCE AGAINSTFIRE OR THEFT. YOU MAY CONTACT US PRIOR TO DEPOSITING THE GOODSWITH US FOR INSTRUCTIONS ON PLACING INSURANCE COVERAGE FOR FIREAND THEFT OF THE DEPOSITED GOODS. We are not an insurer.
8.7 No Liability for Consequential, Special and Other Damages. We shall not be liable toYou or anyone else for consequential, special or penal damages, lost profits or revenues ordiminution of value, arising out of or relating to loss of or damage to the Goods, or due todelayed delivery of the Goods.
9.1 FILING CLAIM. WE SHALL NOT BE LIABLE FOR ANY CLAIM OF ANYTYPE WHATSOEVER, INCLUDING, FOR LOSS AND/OR DESTRUCTION OFAND/OR DAMAGE TO THE GOODS UNLESS SUCH CLAIM IS PRESENTED TO USBY ELECTRONIC MEANS OR IN WRITING BY YOU AND ALL OTHER PERSONS,WITHIN A REASONABLE TIME, AND IN NO EVENT ANY LATER THAN THEEARLIER OF: (I) 60 DAYS AFTER DELIVERY OF THE GOODS BY US OR (II) 60DAYS AFTER YOU ARE NOTIFIED BY US THAT LOSS OR DAMAGE TO PART ORALL OF THE GOODS HAS OCCURRED.
9.2 COMMENCING ACTIONS. NO ACTION MAY BE MAINTAINED BY YOU OROTHERS AGAINST US WITH RESPECT TO THE GOODS UNLESS A TIMELYCLAIM HAS BEEN MADE AS PROVIDED IN SUBSECTION 9.1 OF THIS SECTIONAND UNLESS SUCH ACTION IS COMMENCED IN ACCORDANCE WITH SECTION10 (MUTUAL BINDING ARBITRATION AND CLASS ACTION WAIVER) BY NOLATER THAN THE EARLIER OF: (I) ONE (1) YEAR AFTER DATE OF DELIVERYOF THE GOODS BY US OR (II) ONE (1) YEAR AFTER YOU ARE NOTIFIED THATLOSS OR DAMAGE TO PART OR ALL OF THE GOODS HAS OCCURRED. WHENGOODS HAVE NOT BEEN DELIVERED, NOTICE MAY BE GIVEN BY US BYELECTRONIC MEANS OR IN WRITING OF KNOWN LOSS OR DAMAGE TO THEGOODS. TIME LIMITATIONS FOR PRESENTING CLAIMS AND COMMENCINGACTIONS AFTER SUCH NOTICE BEGIN ON THE DATE WE PROVIDE YOU SUCHNOTICE.
9.3 CONSEQUENCE OF YOUR DELAY. IF YOU MISS EITHER OF THEDEADLINES IN SUBSECTIONS 9.1 OR 9.2 OF THIS SECTION, YOUR CLAIMSHALL BE DENIED AND ANY ARBITRAL OR JUDICIAL PROCEEDING AGAINSTUS SHALL BE BARRED AND WE SHALL HAVE NO LIABILITY TO YOU.
9.4 Claiming Loss, Damage to Goods. To file a claim for loss of or damage to the GoodsWe require You to file the claim using Our form located here:https://www.boomerangstorage.com/support/claims, supported with the details to substantiate theclaim. In addition, unless You are not present when We deliver, We must be immediatelynotified, but in no event later than five (5) days after delivery to be given a reasonableopportunity to inspect damaged articles, including alleged concealed damage in original shippingpackages, packing materials and contents at the delivery location registered with Us. If You arenot present at the time of delivery, any physical damage shall be notated by Us and You agree tomake arrangements with Us to physically inspect any and all damaged Goods within 5 days afterarriving at the delivery location You provided when You registered with Us.
9.5 You May Not Set-Off Storage Charges Due Against Claim and We Will Not RefundCharges. You agree not to deduct or offset any claim or other alleged claim against chargesowed to Us. You agree that You are responsible for paying the established rates and charges andmay not offset any part of such storage and related charges on any outstanding loss and/ordamage, overcharge or over-collected claim. We will not refund storage and related charges aspart of Your claim.
The Parties mutually agree that in the event of any dispute arising out of or relating to thisAgreement (including, without limitation, its interpretation, validity, performance, or breach) (a“Dispute”), the Dispute shall be resolved solely as follows. A Party shall send a written notice toall affected parties describing the Dispute and any relief requested, including any specificdamages claimed, and providing telephone, email, and postal address contact information.Written notice to the Company shall be sent by certified mail, return receipt requested, addressedto the Chief Executive Officer, Boomerang Storage, LLC, 190 Moody Street, Ludlow MA01056. In order to permit the affected parties to attempt to resolve the matter amicably, noarbitral or judicial proceeding may be commenced until the passage of sixty (60) days from thereceipt of the written notice. If the affected parties are unable to resolve the Dispute within thattime, any Dispute shall be resolved exclusively by binding arbitration administered by theAmerican Arbitration Association (AAA) under its Consumer Rules then in effect (informationabout the AAA and its rules is available at www.adr.org.). In the event that the AAA isunavailable or unwilling to administer the arbitration, and the parties are unable to agree to asubstitute, a substitute shall be appointed by the court. The arbitration shall be governed by theFederal Arbitration Act, 9 U.S.C. ss. 2, et seq. The right and obligation to arbitrate under thissection shall extend to any claims by or against any affiliates, officers, directors, contractors,subcontractors, suppliers, agents, or employees of a Party. To the maximum extent permitted bylaw, the prevailing party or parties shall be entitled to an award of all costs, expenses, andattorneys’ fees reasonably incurred in the successful prosecution or defense of any claim.However, if a claimant recovers less than the respondent’s highest written offer made before thecommencement of arbitration, the respondent shall be deemed to be the prevailing party for thispurpose. The arbitrator shall have authority to issue any and all remedies authorized by law, butthe arbitrator shall have no authority to conduct proceedings on a class or aggregated basiswithout the written consent of all Parties; provided, however, that in the event of the filing ofover twenty five (25) arbitration claims raising substantially the same or similar Dispute, theAAA may appoint a single arbitrator or panel of arbitrators to address process issues under itssupplemental rules for mass arbitrations. All arbitral proceedings shall be conducted virtuallyunless all Parties agree or the arbitrator(s) order otherwise. Notwithstanding the foregoing, anyParty may at its option file an individual claim in any small claims court for disputes or claimswithin the scope of its personal and subject matter jurisdiction and the matter remains in smallclaims court, or may file court claims for loss, damage or overcharge to household goodsincurred in collect-on-delivery shipment. If at any time any Party requests mediation, all affectedparties shall participate in a mediation directly and not solely through counsel, the requestingparty to bear the costs and fees of the mediator(s). Without derogation of the obligation toarbitrate, any judicial proceedings in respect of a Dispute shall be conducted exclusively in thestate or federal courts sitting in or for Springfield, Massachusetts.
11.1 Contracting by Electronic Means. The Parties have caused this Agreement to beexecuted by electronic means to sign by attaching to or logically associating with it an electronicsymbol or process with present intent to accept it. By clicking the box accepting the terms andconditions of this Agreement, or by attaching or to logically associating with it an electronicsymbol or process, You manifest Your assent to conduct business electronically with Us, andsuch processes have the same force and effect as a written signature. You agree to receiveinvitations, notifications, reminders and other communications from Us by email, phone or othermethod of communication. These communications may include (but are not limited to):notification that an important message awaits You and updates to Our contract terms.
11.2 SMS Communications. By signing this Agreement, You expressly agree and authorizeUs, and Our agents or service providers, to send SMS and MMS text messages to the mobilephone number You provide to Us. These messages may include, but are not limited to:
● Service and Account Communications: Service and Account Communications:
● Customer Support and Account Management Messages.
● Promotional or Marketing Messages related to Our Services, unless You opt out ofsuch messages as described below.
You understand and agree that:
● Text messages may be sent using automated dialing or messaging technology.
● Message and data rates may apply, depending on Your mobile plan and carrier.
● Your consent to receive service-related messages is a condition of using Our Servicesand is necessary for operational communication.
● Your consent to receive promotional or marketing messages is not a condition ofpurchasing or receiving Services.
● You may opt out of receiving marketing or non-essential messages at any time byreplying STOP to any message.
● For assistance, You may reply HELP or contact Us at service@boomerangstorage.com.
● Message frequency will vary based on Your interactions with Us.
● Carriers are not liable for delayed or undelivered messages.
● You confirm that You are the subscriber or the authorized user of the mobile phonenumber You provide.
Nothing in this section limits Your ability to revoke consent where otherwise permitted by law.
11.3 Notice and Address Change. We may give notice by means of electronic mail to theemail address associated with Your account, telephone or text message to any phone numberprovided in connection with Your account, or by written communication sent by first class mailto any address connected to Your account. Such notice shall be deemed to have been given uponthe expiration of 48 hours after mailing or at the time of sending (if sent by email or telephone).You must give notice to Us at the address at the beginning of this Agreement, with such noticedeemed given when received by Us, at any time by personal delivery, nationally recognizedovernight courier, or first class mail. Either Party may change the address to which notice is tobe sent by giving notice thereof to the other Party as set forth in this subsection.
11.4 Access. The Goods stored shall be available for delivery or access during regularbusiness hours, by appointment only. Notice must come directly from You or the person towhom You have authorized to act on Your behalf; provided, however an additional charge shallbe made for each access to or delivery of any part of the Goods. Such amounts shall be chargedin relation to the Goods and subject to Our lien, further described in Section 7 (Our Lien).
11.5 Authorization to Sell or Dispose Goods. You hereby authorize Us to sell or otherwisedispose of the Goods in accordance with law to enforce Our lien to recover all charges, advancesand expenses; and for such charges, advances and expenses accruing subsequent to Ourtermination of Your account where the Goods are not removed and/or charges remain unpaid; orYou are otherwise in default of this Agreement.
11.6 Transfer of Goods. We reserve the right to move, at Our expense, 14 days after notice toYou, any of the Goods in storage from the warehouse facility in which they may be stored to anyother of Our facilities. We shall store the Goods at, and may without notice move the Goodswithin and between any one or more of the buildings or storage locations which comprise Ourwarehouse facility at the address set forth at the beginning of this Agreement.
11.7 Long Carries. If the Goods need be picked up or delivered beyond what We determineas reasonable flights of stairs or distanced moved, or excessive weight or size, You agree to payan additional charge for moving or other necessary labor to effect storage. You shall arrange inadvance for all necessary elevator and other services and any charges for the same shall be metby You. You agree to pay the hourly charge in this Agreement for waiting time caused by lack ofsufficient elevator service.
11.8 Special Services. Charges for Student Storage Services don’t include the taking down orputting up / assembling curtains, mirrors, fixtures, pictures, electric or other fittings or therelaying of floor coverings or similar services but if such services are ordered, We shall chargeYou an hourly charge for such service.
11.9 Late Payment Fee and Other Fees and Charges. You agree to pay Us the indicated latefee, which accrues and is assessed for each storage charge that is received or remains unpaid formore than seven (7) days after the time of pickup (the “Due Date”): $25.00, and for each thirty(30) day period after the Due Date that the storage charge remains unpaid. In addition, Youagree to pay the following additional charges, as applicable:
● Reservation charge (applies to all new storage and shipping service customers andexisting customers) – up to $ 40.00.
● Declared value protection charge -- $10.00 for each $100 of additional valuationdeclared.
● Access to Goods while in storage at Our warehouse - $40.00 per occurrence.
● Cleaning charge -- $50.00 per occurrence for any appliance such as mini-fridges,microwaves, liquid spills.
● Chargeback charge – contesting charge on customer’s credit card -- $50.00 peroccurrence.
● Customer-caused missed pickup or delivery charge requiring rescheduling to another freepickup or delivery date -- $75.00, or applicable custom fee if customer requiresreschedule to another date not listed as our free date.
● Disposal/donation charge - - $25.00 per box, bin or package, or $75.00 per furniture item.
● Boomerang Box or Tape - - no charge if You store them with Us. If not, $7.50 and $4.50each, respectively.
● Bubble wrap (2 x 10 feet) - - $10.00 per section.
● Storage Charges Per Item (boxes, plastic bins, luggage, appliances and electronics,furniture, and miscellaneous items) for up to 120 days where pickup and delivery to Yourroom is included if You select Our free service pickup and delivery dates.
● Hourly Rates: If special services are required, such as conveyance and handling chargesthat are separate from Our inclusive summer Student Storage Service, the followinghourly rates will apply: From April 15th to September 15th, Vehicle and Foreman$135.00 per hour. Each additional mover is $55 per hour. From September 16th to April14th, Vehicle and Foreman $125.00 per hour. Each additional mover is $50 per hour.Custom pickup/Delivery charge per order (varies by location) and charged only if Youneed pick up or delivery that is OUTSIDE Our free pickup and delivery dates posted onyour school’s page at www.boomerangstorage.com.
11.10 Fumigation. If We, in Our sole judgment determine that mothtreating, fumigating, orother measure(s) are required to protect all or any portion of the Goods covered by thisAgreement, or to property of other customers, You grant to Us the right to directly provide orsecure such services. Such amounts shall be charged in relation to the Goods and subject to Ourlien, further described in Section 7 (Our Lien).
11.11 Severability. If any term, condition, limitation or provision of this Agreement is invalid,illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shallnot affect any other term, condition, limitation or provision of this Agreement, or invalidate orrender unenforceable such term or provision in any other jurisdiction.
11.12 Accurate Information. You agree to provide Us with complete, accurate and timelyinformation regarding the Goods and Your contact information. You agree to indemnify, defendand hold Us and Our agents harmless from and against any and all fines, loss, costs and expense(including reasonable attorneys’ fees) arising out of or caused by incomplete, inaccurate and/oruntimely information provided by You to Us regarding the Goods.
11.13 Assignment. We may assign this Agreement at any time without notice to You. You maynot assign Your rights or obligations under this Agreement or transfer any rights to use theServices.
11.14 No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided inthis Agreement, there shall be no third-party beneficiaries to this Agreement.
11.15 Climate Control of Warehouse. Our warehouse will be climate controlled for the Goodsas We in our sole judgement deem appropriate. If You desire any specific climate control orother special handling, You must contact Us at service@boomerangstorage.com prior todepositing the Goods with Us by describing with reasonable particularity what controls or otherspecial handling that You request and We acknowledge and agree to such request(s) for it to beenforceable; otherwise deposit of Your Goods shall be deemed released to Us and subject toclimate controlled storage We deem appropriate for storage of furniture and personal effects usedby students while attending school.
11.16 Headings. The headings in this Agreement are for reference only and do not affect theinterpretation of this Agreement.
11.17 Governing Law. This Agreement and the legal relationship between the Parties shall bedeemed executed in the Commonwealth of Massachusetts and its terms are governed by andconstrued in accordance with the substantive laws of the United States (including federalarbitration law) and the Commonwealth of Massachusetts (including Articles 1 and 7 of theUniform Commercial Code) without regard to its principles of conflicts of law, and regardless ofYour location.
11.18 Entire Agreement. It is expressly agreed by the Parties to this Agreement that itconstitutes the sole and entire agreement between the Parties regarding the subject mattercontained herein, and supersedes all prior and contemporaneous understandings, agreements,representations and warranties, both written and oral, regarding such subject matter, and anysuch prior and contemporaneous understandings, agreements, representations and warranties areof no effect and shall not be considered in the interpretation of the terms of this Agreement.
I acknowledge that this Storage Agreement is a binding contract and agree to its terms,conditions and limitations, including limitations of liability and damages in Section 8 andbinding arbitration in Section 10.
