In these Box Storage Agreements, Store Four Seasons Ltd. ( S4 ) will only accept “Box” for storage subject to the following terms and conditions :-
1. The Customer hereby appoints S4 who hereby agrees to provide Box(s) removal, delivery, packaging, storage, retrieval, destruction, disposal and other handling services at charges mutually agreed.
2. Charges, Terms of Payment
2.1.“Charges” means the rate per unit and other charges for Services which are specified on the Box Storage Agreement or are included in any quotation or proposal by S4 which is accepted by the Customer or otherwise notified in writing by S4.
2.2. The Storage charge shall be on a flat monthly basis billed in advance based on the inventory of the month. The Storage charge shall continue to run even when a box has been retrieved by Customer.
2.3. S4 shall be deemed to have earned its normal or regular scheduled charges in connection with Customer’s account. A late charge of 2% per month shall be made on any amount thirty ( 30 ) days past due.
2.4. S4 shall have a lien over the boxes for any overdue charges. For the avoidance of doubt, the usual Charges for the storage of boxes shall continue to accrue when they are being kept by S4 in exercise of its lien for any overdue Charges. If any charges and / or interests remain overdue for over 6 months after the same has been demanded in writing, S4 shall be entitled to sell ( by public auction or private treaty ) or otherwise dispose of without notice the boxes and apply the sale proceeds ( if any ) to pay such outstanding Charges and interest.
2.5. This Agreement shall be automatically renewed upon expiry for the same duration on the same terms and conditions unless otherwise terminated by either party by not less than 1 month prior notice before its expiry.
2.6. If the Customer shall make default for 7 days in payment of any sum payable hereunder or shall fail to observe or perform any other term or condition herein or if the Customer shall have a receiving order made against him or the Customer has passed a resolution to wind up or a petition to wind up or bankrupt the Customer has been filed or the Customer has given up a notice to terminate this Agreement not in accordance with paragraph 2.5 above, then S4 may by written notice forthwith terminate this Agreement and thereupon this Agreement shall for all purposes determine without prejudice to rights and liabilities which have accrued or incurred before termination. The Customer shall forthwith pay S4 the storage Charges for the unexpired period between such determination and the date on which this Agreement would have expired by effluxion of time as reasonably determined by S4. For the purpose of calculation of such Charges, the estimated number of boxes set out in the Order Confirmation or Proposal shall be used. In the event of Termination before the moving in of the boxes by the Customer, the Customer shall forthwith pay the Company Storage charges for the whole of the Initial Term for the estimated number of boxes to be stored for the Customer. In the event of material difference between the estimated number of boxes and the actual number of boxes stored for the Customer, S4 shall be entitled to adjust the rates of Charges or in serious cases, deem the difference amounting to an early termination by the Customer.
3. No insurance of the box for any risk shall be effected by S4 without prior written instructions and additional payment for the premium and other charges.
4. S4 gives no warranty as to the quality and fitness of the boxes and other packaging material sold and /or supplied. Unless otherwise specifically agreed in writing, S4 may vary, without being obliged to inform the Customer, the location, facilities, methods and/or conditions of rendering the Services which may be provided by itself, its servants, associates, agents and/or sub-contractors.
5. The Customer shall not store in the boxes any item which is or may be unlawful or illegal. S4 may without notice or liability to the Customer to surrender the boxes to any governmental authorities upon request or demand or to any other party pursuant to any court order. S4 shall not in any way be liable or responsible to the Customer for any loss or damage which may be suffered or sustained by the Customer arising there from and the Customer shall fully indemnify S4 against all actions proceedings claims and demands of whatever nature by whomsoever relating thereto.
6. Except to the extent that any loss or damage to the Customer is incurred due to or arising from the willful default of S4, its employees or agents, S4 shall not in any circumstances be liable and otherwise responsible for any direct, indirect or consequential loss or damage to the Customer or any third party for :-
(a) any loss, damage, deterioration, misplacement, destruction, late delivery or non-delivery or unavailability of or to any boxes deposited and stored with S4 by its Customer howsoever caused; or
(b) any breach of any confidentiality although S4 will use all reasonable endeavors to maintain adequate security designed to protect the confidentiality of the boxes stored by it; or
(c) permitting access to the boxes to a person who is, or reasonably appears to be, an authorized person by virtue of the similarity of the signature provided by such person to the specimen signature of the authorized person.
For the avoidance of doubt and without prejudice to the generality of the foregoing, S4 shall not be liable howsoever for any loss or damage to the Customer or any third party arising from or as a result of events including but not limited to the following:-
(a) strike, lock-out and /or civil commotion;
(b) war, war-like or hostile actions;
(c) any government action or intervention;
(d) sudden change in political situation preventing previous and prevailing normal and usual practice in trading; and
(e) act of god.
8. S4 makes no admission or acknowledgement as to the nature, value and contents of items ( if any ) contained in each box deposited and stored with S4 by the Customer from time to time and , subject to paragraph 6 and 7 above, the liability of S4 for any loss, damage, deterioration, misplacement, destruction, late delivery, non-delivery or unavailability of such items and/or the boxes thereof payable to the Customer ( if at all ) shall be limited to HK$15.00 per kilogram on the gross weight of the box. Provided always that the liability of S4 thereof shall not exceed the aggregate sum of HK5,000.00 in any one incident or event.
9. The Customer shall notify S4 in writing within 30 days after it has or should reasonably have known of such cause of claim otherwise S4 shall not be liable therefore.