Dimensions of Individual Mobile Storage Container: Approximate Sizes; Wood Dimensions - Outside: H91” x W60” x L96” * Inside: H84” x W54” x L93” Metal Dimensions - Outside: H80” x W60” x L96” * Inside: H74” x W56” x L93” Construction: Wood or Metal Unit Charge per Container Transfer: $99.00 first Container and $10.00 for second Container. There are a maximum of 2 Containers per trailer for delivery and pick up. This charge is in addition to the storage rental charge or any other fees due under the property storage agreement. Delivery and Pick Up by Lessee: Lessee may not personally deliver or pick up Lessee’s goods at the mobile self storage facility. Maximum Allowable Distance for Initial Delivery/Pick Up and Final Delivery/Pick Up of Loaded Container(s): Within 30 miles from the location of Company’s mobile self storage facility at the address specified above. Moving Lessee’s Container: Company reserves the right, at its discretion, to move Lessee’s container from its initial location at Company’s mobile self storage facility to another location within that facility. In the event that Company exercises its rights to move Lessee’s container from its initial location, Lessee will not be required to pay additional charges with regard to the transfer. Risk of Loss IT IS AGREED THAT THE COMPANY WILL (A) BE LIABLE FOR DAMAGES FOR LOSS OF OR INJURY TO THE STORED GOODS DURING TRANSPORTATION IN THE INDIVIDUAL STORAGE CONTAINER(S) TO AND FROM THE STORAGE FACILITY CAUSED BY THE FAILURE OF THE COMPANY TO EXERCISE THE LEVEL OF CARE REGARDING THE GOODS AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER SIMILAR CIRCUMSTANCES. (B) NOT BE LIABLE FOR LOSS, INJURY, DAMAGE, OR DELAY (EXCEPT AS PROVIDED BY BUSINESS & PROFESSIONS CODE SECTION 21701.1(b)) CAUSED BY OR RESULTING FROM (1) AN ACT OR OMISSION, OR ORDER OF THE CUSTOMER, OR ITS SERVANT, AGENT, OR EMPLOYEE. (2) THE PACKING, LOADING, OR UNLOADING THE CONTENTS OF THE INDIVIDUAL STORAGE CONTAINER(S), INCLUDING THE BREAKAGE OF GLASS, BRIC-A-BRAC, OR SIMILAR ARTICLES OF BRITTLE OR FRAGILE NATURE, UNLESS THE BREAKAGE RESULTS FROM THE NEGLIGENCE OF THE COMPANY AS SHOWN BY EVIDENCE OF PHYSICAL EXTERNAL DAMAGE TO THE INDIVIDUAL STORAGE CONTAINER(S). (3) THE NATURE OF THE CONTENTS OF THE CONTAINER(S), OR ANY DEFECT, CHARACTERISTIC, OR INHERENT VICE OF ANY ARTICLE IN THE CONTAINER(S), INCLUDING SUSCEPTIBILITY TO DAMAGE BECAUSE OF ATMOSPHERIC CONDITIONS SUCH AS TEMPERATURE AND HUMIDITY, OR CHANGES IN THOSE CONDITIONS. (4) ACTS OF WAR, ACTS OF NATURE, OR OTHER ACTS OF GOD. (C) NOT BE LIABLE FOR LOSS OR DAMAGE OCCURRING (1) AFTER PACKING, BUT BEFORE DELIVERY TO THE COMPANY WHILE THE PROPERTY IS IN THE CUSTODY OR CONTROL OF THE CUSTOMER OR THE CUSTOMER’S AGENT. (2) BEFORE DELIVERY TO THE COMPANY. (3) AFTER THE PROPERTY HAS BEEN DELIVERED TO OR RECEIPTED BY THE CUSTOMER OR THE CUSTOMER’S AUTHORIZED AGENT. Procedure and Time for Filing Claims and Suits THE COMPANY IS NOT LIABLE FOR THE LOSS OF, DESTRUCTION OF, OR DAMAGE TO THE CONTENTS OF THE INDIVIDUAL STORAGE CONTAINER(S) UNLESS, AFTER THE DATE ON WHICH THE CONTAINER(S) IS TRANSPORTED (A) WITHIN 60 DAYS AFTER THAT DATE, THE CUSTOMER PRESENTS A CLAIM IN WRITING TO THE COMPANY, AT THE ADDRESS SPECIFIED IN THIS AGREEMENT. (B) WITHIN ONE YEAR AFTER THAT DATE, SUIT IS FILED BY THE CUSTOMER OR OTHER PERSON ENTITLED TO SUE. Limitation on Amount of Liability THE TOTAL LIABILITY OF THE COMPANY FOR PHYSICAL LOSS OR DAMAGE MAY NOT EXCEED THE LEAST OF THE FOLLOWING ITEMS: (1) THE COST OF REPAIRING DAMAGED PROPERTY. (2) THE COST OF REPLACING LOST OR DESTROYED PROPERTY WITH MATERIAL OF LIKE KIND AND QUANTITY. (3) THE DIFFERENCE BETWEEN THE ACTUAL CASH VALUE OF DAMAGED PROPERTY AT THE TIME OF RECEIPT BY THE COMPANY, AND AT THE TIME OF DELIVERY. (4) THE ACTUAL CASH VALUE OF SUCH PROPERTY AT THE TIME AND PLACE OF THE LOSS. IN DETERMINING THE ACTUAL CASH VALUE OF PROPERTY, DEPRECIATION WILL BE DEDUCTED, AND SENTIMENTAL VALUE WILL BE EXCLUDED. THE DEDUCTION FOR DEPRECIATION MEANS THE DEPOSITOR IS CHARGED FOR THE BETTERMENT OR INCREASE IN VALUE OF THE PROPERTY FROM THE WORN OR DETERIORATED OR DEPRECIATED PROPERTY BEING RESTORED TO A BETTER CONDITION OR BEING REPLACED BY AN ITEM OF LIKE KIND AND QUALITY OF GREATER VALUE. THE TOTAL LIABILITY OF THE COMPANY WITH REGARD TO THE SETS OF MATCHED PIECES MAY NOT EXCEED THE COST OF REPAIRING OR REPLACING THE PHYSICALLY LOST OR DAMAGED PIECE OR PIECES ONLY, OR THE VALUE OF THE LOST OR DAMAGED PIECE OR PIECES ONLY, AND DOES NOT EXTEND TO REPAIRING, REPLACING, OR RECOVERING THE ENTIRE SET OR ANY DIMINUTION IN VALUE OF THE SET AS A WHOLE, AND MAY NOT EXCEED THE RELEASED VALUE OF THE LOST OR DAMAGED PIECE OR PIECES. THE COMPANY IS NOT LIABLE FOR CONSEQUENTIAL DAMAGES FROM NEGLIGENT DELAY OR PROXIMATELY CAUSED BY THE PHYSICAL LOSS OR DAMAGE TO ANY PROPERTY, UNLESS AT THE TIME OF DEPOSIT, THE DEPOSITOR DELIVERS A NOTICE IN WRITING TO THE COMPANY STATING THE NATURE AND EXTENT OF THE CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY THE DEPOSITOR IN THE EVENT OF EITHER NEGLIGENT DELAY OR PHYSICAL LOSS OR DAMAGE TO ANY STORED PROPERTY. |
