This Personal Property Storage Agreement (“Agreement”) is entered between you (referred to as either “You” or “your”) and Iron Mountain Information Management, LLC d/b/a Stashable, on behalf of itself and its wholly owned affiliate, Iron Mountain Information Management Services, Inc. (referred to as either “Stashable”, “we”, “our” or “us”). Stashable will provide the moving and storage of your boxes and personal property from your designated address to Stashable’s storage location in accordance with the terms and conditions of this Agreement. Please read this Agreement carefully.
The defined terms in this Section 1 are used throughout this Agreement and shall have the following meanings. “Box” or “Boxes” mean the carton or cartons containing your materials to be stored by Stashable under this Agreement and shall include cartons provided by Stashable (“Stashable Boxes”) as well as your own. “Stashable Website” means the Stashable website located at https://www.stashable.com. “Property” means any and all items stored or held by Stashable on your behalf under this Agreement, including all items contained within a Box and individual items not stored within a Box. “Services” means the services provided by Stashable under this Agreement, including all pick-up, transportation, storage and delivery services. “Start Date” means the earlier of (i) the date that Stashable picks-up Boxes or other Property from You or (ii) the date that Stashable delivers empty Stashable Boxes to You for packing.
This Agreement will begin on the Start Date and continue on a month-to-month basis until terminated by You or Stashable as described in Section 9.
3. Scheduling Services
You must schedule all Services in advance by emailing or calling us at the phone number provided on our Website. We will try to meet your requested scheduling, but cannot guarantee it because the timing for pick-up and delivery of Boxes and Property will vary based on our scheduling commitments at the time of your request. You or someone You have authorized must be present at your designated address at the time of each scheduled pick-up or delivery. Otherwise, we will not pick-up or deliver the Boxes or Property and You will be charged for the Service as if it were completed, along with a cancellation fee. You may cancel any scheduled Services without a cancellation fee if You provide us with at least 24–hours’ advance notice.
4. Pricing and Payment
Stashable’s rates and charges are published on our Website and may be altered by Stashable from time to time upon providing at least thirty (30) days’ notice to You.
4.1 Storage Charge
You will be charged a monthly storage charge per Box (or per item of Property if not stored in a Box), which is payable to Stashable in advance each month on the monthly “anniversary” of the Start Date. You agree to pay a minimum of three (3) months of storage charges for all Property stored under this Agreement, even if You store your Property with us for less time. Storage charges will not be prorated or adjusted for partial months and no refunds will be granted for prepaid storage charges if You terminate this Agreement before the end of a monthly billing cycle.
4.2 Non-Storage Charges
All other Services, including pick-up and delivery of Boxes or Property, will be charged to You at the current rates published on Stashable Website.
The rates for storage and other Services published on our Website do not include applicable taxes. You will be charged and required to pay the applicable state sales tax in addition to all storage and other Service charges.
Late Fees. You authorize Stashable to charge all applicable charges to the credit card on-file with Stashable. You will be charged a late fee if payment is not received within five (5) business days of the monthly “anniversary” of the Start Date. You will not receive a monthly billing invoice. If You bounce a check or your credit card is declined for any reason, late fees shall be due and payable in addition to a returned check fee.
5. Responsibility for Boxes and Property
You are responsible for: (i) checking the Boxes to make sure they are in good condition before loading them with your Property; (ii) sealing each Box before pick-up; (iii) packing and cushioning all Property to help protect against loss or damage due to overloading, shifting or movement of the Property in the Box during normal transportation to, from or within the storage facility; and (iv) immediately unpacking each Stashable Box upon final delivery to You at the end of the storage period and returning each Stashable Box in substantially the same condition as delivered to you, ordinary wear and tear excepted. Stashable will wait up to 20 minutes for You to unload the Boxes or Property upon delivery to You. If you require additional time to unload Your Boxes, You may, for an additional cost, schedule a separate service for Stashable to return and pick-up the empty Boxes at a later date. You are responsible for any damage to, loss or theft of a Stashable Box while in your possession, and must reimburse Stashable for all expenses reasonably incurred by Stashable to replace or restore any Stashable Box that is damaged, lost or stolen while in your possession. The replacement fee for a single Stashable Box varies from $30 to $350 depending on the type of Box. Such additional costs, if any, will be charged to your account. Stashable is not responsible for ordinary wear and tear to your Property while in storage or in transit, or for any damage to your Property caused by shifting or movement of your Property in Boxes during normal transportation or shipping of your Property to or from the pick-up and delivery locations.
6. Maximum Weight Limit for Boxes
The maximum weight limit for each Box is 75lbs for a small Box and 100lbs for a large Box. If the published maximum weight limit is exceeded, an additional handling and storage fee will be added to your charges at $2/lb. over the limit. Stashable reserves the right to refuse to pick-up any Box that it believes exceeds the maximum weight limit.
7. Limitation of Liability
Please read this entire Section carefully as it affects your legal rights.
7.1 Maximum Value of Property
You declare, for the purposes of this Agreement, that the maximum value of Property stored or held by Stashable under this Agreement is $500 per Box or individual item of Property if not stored in a Box (the “Declared Value”). You agree that in no event shall the total value of ALL Property stored or held by Stashable under this Agreement be deemed to exceed $2,000.00 unless Stashable agrees in writing to a higher value not to exceed $5,000.00 and subject to an increase in the storage charges.
7.2 Limitation of Stashable’s Liability for Loss or Damage to Property
Stashable shall not be liable for any loss, damage or destruction of Property, unless and to the extent the loss, damage or destruction resulted from Stashable’s failure to exercise such care as a reasonably careful person would exercise under like circumstances. If Stashable is liable, the amount of damages You may recover from Stashable for any such loss, damage or destruction of Property is limited to the lesser of the fair market value or the Declared Value of the Property described in Section 7.1. Stashable’s maximum aggregate liability to You under this Agreement is $2,000.00 or such higher amount as set forth in section 7.1 above.
7.3 No Consequential Damages
In no event shall either party be liable for any consequential, incidental, special or punitive damages, or for loss of profits, regardless of whether an action is brought in tort, contract or under any other theory.
8. Your Insurance Obligations
You acknowledge that Property stored under this Agreement is not insured by Stashable against loss or damage. Should You wish to insure the Property, that is your responsibility.
9. Termination Rights
Either party may terminate this Agreement upon providing at least ten (10) days prior notice to the other party. Upon notice of termination, You must pay all outstanding charges, including but not limited to the storage charges for the month in which the termination occurs and the charges associated with the final delivery of the Property to You. If You terminate within the first three (3) months of this Agreement, You must still pay the three-month minimum storage charge. Upon receipt of all charges due to Stashable, we will deliver the Property to You. If Stashable continues to hold Property after the termination of this Agreement, the rates and terms of this Agreement will remain in effect until all Property has been delivered to You.
10. Prohibited Property and Hazardous Substances
You agree not to store with Stashable or place in Boxes any living things, fragile materials, perishables, liquids, firearms, explosives, flammables of any kind, drugs or drug paraphernalia, stolen items, illegal items, any material that may attract vermin or insects, anything that is otherwise dangerous or unsafe to store or handle, or any material that is regulated by federal or state law or regulation relating to the environment or hazardous materials. You agree not to store valuable documents, bills, accounts, currency, deeds, evidence of debt, negotiable instruments, check stock, jewelry, watches, jewels, gems, precious or semi-precious metals or stones, antiques, artwork, paintings, statues, fine art, furs, or similar valuables or other items whose values are difficult to ascertain or that by their nature cannot be readily replaced. Stashable reserves the right to refuse pick-up or request immediate removal of a Box or Property for any reason, including where it believes: (i) contains any prohibited Property or hazardous substances described in this Section; or (ii) represents a risk to the safety of any person, the security of the storage facility, or any other property stored at the storage facility.
11. Temperature and Climate Control
We will use reasonable efforts to maintain the temperature of the storage facility in which your Property is stored between 55°F and 85°F. We do not regulate humidity levels within the storage facility. You should not store any Property that requires a climate controlled environment with Stashable under this Agreement.
12. Right to Inspect
In the event of an emergency, suspected criminal activity, suspected storage of prohibited property or upon default of any of your obligations under this Agreement, Stashable shall have the right to inspect the contents of the Boxes. Stashable is also authorized to comply with any subpoena, search warrant or similar government order related to the Property and shall not be liable to You for any loss or damage to the Property resulting from any such order.
13. Ownership Warranty
You warrant that You are the owner of the Property and have full authority to store the Property in accordance with this Agreement. You will be required to reimburse Stashable for any expenses reasonably incurred by us (including reasonable attorneys’ fees) by reason of our compliance with your instructions in the event of a dispute concerning the ownership, custody or disposition of your Property.
14. Lien and Security Interest
Stashable has and claims a general lien on all of your Property stored by Stashable for the following amounts, both presently incurred or to be incurred in the future: (i) storage charges and other Service charges; (ii) expenses necessary for preservation of your Property; (iii) expenses reasonably incurred by Stashable in the sale of your Property pursuant to applicable law; (iv) costs incurred by Stashable to enforce our rights under this Agreement (including interest, attorneys’ fees and costs); and (v) other similar charges and expenses related to other Property, even if such Property has already been returned to You. Stashable further reserves a security interest in all Property described above (and the proceeds thereof) for all such charges, liabilities and expenses to the fullest extent the above described lien is prohibited by or is otherwise not permitted by law.
15. Disposal or Sale of Your Property upon Default
YOUR PROPERTY MAY BE SOLD TO SATISFY THE LIEN OR SECURITY INTEREST AS SETFORTH IN SECTION 14 IF YOU ARE IN DEFAULT. You will be in default under this Agreement if You fail to pay charges to Stashable when due. Stashable will provide You with written notice of default, and if You fail to pay the amounts due or reclaim your Property within the time limit stated in the notice, Stashable may sell or otherwise dispose of your Property as permitted by applicable law. You will be responsible for all costs reasonably incurred by Stashable in connection with any such sale or disposal of your Property.
If You fail to perform any obligation or are in default under this Agreement and we waive our right to exercise our remedies against You, such waiver is effective only in that instance and does not mean we waive any of our rights for any other failure or default by You.
17. Release of Your Information
You authorize Stashable to release any information related to You and your storage of Property under this Agreement as may be required by law or required by governmental authorities or agencies, law enforcement agencies or courts.
18. Limited Warranty and Disclaimer
Stashable warrants that the Services will be provided in a professional and workmanlike manner by personnel trained with respect to the Services. Except as provided in this Section, Stashable makes no representations or warranties of any kind, and expressly disclaims all other warranties, whether express, implied or statutory, including without limitation any warranty of merchantability or fitness for a particular purpose.
19. Governing Law
This Agreement, and all matters arising under or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
20. Agreement to Resolve All Disputes by Binding Individual Arbitration
Please read this entire Section carefully as it affects your legal rights. This Section provides that any controversy, claim or dispute arising from or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single, neutral arbitrator selected by the AAA administrator. As a result of this provision, You are forfeiting your right to go to court and may be limiting your rights to discovery or appeal. In addition, by consenting to arbitration, You will not be able to bring or join in any claim in court as a class action, collective action or other representative action, nor will You be able to bring or join in any claim in arbitration as a class action, collective action or other representative action. The arbitration shall be held in the state of your citizenship unless You and Stashable mutually agree otherwise. The arbitrator shall have no authority to award punitive, consequential or other damages or attorneys’ fees (except as provided in Sections 13 and 14 of this Agreement) not measured by the prevailing party’s actual damages, except as may be required by statute. Any court having jurisdiction over the matter may enter judgment on the award of the arbitrator. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the arbitration provision; except that in the event that waiver of class action rights is deemed invalid or unenforceable, any claim seeking relief on a class, collective or representative basis must be brought in a court of proper jurisdiction and not in arbitration.
21. Notice of Loss, Damage or Destruction of Property, Filing of Actions
You agree to use your best efforts to notify Stashable as soon as possible after delivery or return of your Property if You believe that any of your Property has been lost, damaged or destroyed by Stashable. Unless otherwise expressly provided by law, no action may be maintained against Stashable for loss, damage or destruction of your Property, unless You have notified us as provided in this Section 21, and unless such action is commenced within the earlier of one (1) year after (i) the date of delivery or return your Property; or (ii) the date Stashable notifies You of the loss, damage or destruction.
All notices from Stashable shall be sent by first class mail postage prepaid to your last known address or to the e-mail address You provide to Stashable. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by e-mail. All statutory notices shall be sent as required by law. You agree to give prompt written notice to Stashable of any change to your contact information or address.
23. Other Rights
Stashable, in addition to all other rights and remedies it has under this Agreement, may exercise any right or remedy with respect to the Property that it may have under the Uniform Commercial Code or otherwise at law or in equity.
If any term of this Agreement is found to be unenforceable or contrary to law, it shall be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
Any provision of this Agreement which imposes an obligation after termination of this Agreement shall survive the termination of this Agreement.
26. Permission to Communicate
You recognize that You are entering into a business relationship with Stashable, and hereby consent to Stashable phoning, faxing, texting, e-mailing and using social media to communicate with You for business related communications and collection notices.
27. Force Majeure
Neither party shall be liable for delay or inability to perform any of its obligations under this Agreement to the extent caused by acts of God, or other events beyond its reasonable control, including but not limited to governmental actions, labor unrest, acts of terrorism, riots, unusual traffic delays or severe weather conditions.
28. Subcontracting and Assignment
Stashable may subcontract its obligations under this Agreement, in whole or in part, to its affiliates and third party vendors and subcontractors. Non-storage related services, including but not limited to all transportation, pick-up and delivery, will be performed by Iron Mountain Information Management Services, Inc. Stashable may assign this Agreement, in whole or in part, to an affiliate or other third party upon sale or merger of Stashable without your prior consent. You may not assign this Agreement in whole or in part without Stashable’s prior written consent.
29. Entire Agreement
The terms and conditions contained in this Agreement constitute the entire understanding between You and Stashable with respect to the subject matter of this Agreement and supersede all previous or contemporaneous oral or written communications, representations, agreements and understandings relating to the Services. No representations, inducements, promises or agreements, whether oral or otherwise, between You and Stashable that are not contained in this Agreement shall be of any force or effect.
30. Electronic signature
If not signed with an original signature below and electronic signature is used, You understand and agree that You are consenting to be legally bound by the terms and conditions of this Agreement as if You signed this Agreement in writing. You agree that no certification authority or other third party verification is necessary to validate your e-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of the e-signature or any resulting agreement between You and Stashable. You also certify that You are at least 18 years old.