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VALET STORAGE LLC

TERMS AND CONDITIONS

Last Updated December 1, 2018

  1. DEFINITIONS. The capitalized terms herein shall have the following meanings:
    1. “Charges” – all charges and fees due hereunder, present or future, including without limitation, Storage Fees, financing charges, late charges, handling charges, charges for storage or transportation (including demurrage and terminal charges), valuation coverage, labor or other and any costs or interest associated with the processing of Your delinquent account.
    2. “Company” – Valet Storage, LLC, a Texas limited liability corporation, including officers, directors, employees and agents of Company while acting within the scope and course of their employment.
    3. “Customer Portal” – Your account profile and information accessed by logging in to Your account at www.valetstorage.com, which information is incorporated into these Terms & Conditions.
    4. “Effective Date” – the date first provided on the Contract.
    5. “Facility” shall mean the facility location indicated on the Contract, any replacement facility location and any truck, lift or other equipment owned or rented by Company and used to transport Your Goods.
    6. “Goods” – the personal property and any portion thereof that the Company has agreed to receive and store and that is identified on the Contract that the Company issues to You pursuant to these Terms & Conditions.
    7. “Contract” – the Non-Negotiable Contract including these Terms & Conditions herein and all contact information on Your Company Portal.
    8. “You” or “Your” – the person, firm, corporation or other entity for whom the Goods are stored and to whom the Contract was issued and anyone else claiming an interest in the Goods.
    9. Term of Storage:
  2. By submitting an order through www.valetstorage.com, You have requested that Your Goods be picked up, delivered and stored at the Facility and You have agreed to all of the Terms & Conditions provided herein. You acknowledge that the Company is not aware of the actual contents, condition and quality of Goods that are packed by the owner. When the Company arrives to pick up the Goods, the Company may inspect the Goods and may note the condition of the Goods based on their best estimate of the Goods’ condition. You will be bound by the condition noted of the Goods unless You object to such notation within 10 days of receipt of the notice.
  3. The Company will issue You a Contract via email to the email address you provided, which will include a photograph of the top of each storage box, in your Company Portal after the receipt of your goods at the Facility. Upon issuance of the Contract, the Company certifies that the Company has received the Goods for storage in Your account and You agree to these Terms & Conditions, which are expressly incorporated by reference into the Contract.
  4. Any time after delivery of the Goods to the Facility, such Goods shall be delivered to You upon request, provided that all storage, handling and other Charges, including minimum charges, have been paid by You.
  5. You may designate up to two additional representatives of You who are authorized to take delivery of the Goods via the Customer Portal.
  6. You acknowledge and agree that the Company may subcontract with Authorized Agents to perform any and all services for You, and you expressly consent to the Company’s use of Authorized Agents to provide the services to You as described herein.  You further acknowledge and agree that Your reservation time is only an estimate and that Company reserves the right to modify or delay the pick-up time for Your Goods, upon prior notice to You.  Company expressly disclaims any liability for any losses incurred by You related to the timing or scheduling of the pick-up of your Goods.
  7. You represent and warrant that now and throughout the term of storage You are either (i) the lawful owner of Goods which are not subject to any lien or security interest of others; or (ii) the authorized agent of the lawful owner and You have full power and authority to enter into the Contract, and have all right and authority to store the Goods at the Facility.
  8. Monthly Charges:
  9. Customer agrees to pay storage charges for the services provided by Valet at the monthly amount identified in the customer account portal and/or based on the amount of bins ordered by customer and stored on customer’s behalf. Customer understands that all storage is subject to a three (3) month minimum term and payment for entire three month term will be made upon acceptance of this agreement and upon initial bin delivery.
  10. Storage charges commence upon the date that Company accepts care, custody and control of Goods, regardless of unloading date or date the Contract is issued and continues thereafter on a month-to-month basis until terminated. You must pay the Company, in advance, monthly storage fees (the “Storage Fees”) on each Due Date (as defined below) in the amount set forth on the invoice, without deduction, prior notice, demand or billing statement.
  11. The first partial month payment will be due at the time Your goods are first delivered to the Company. The first day of the month following the date Your Goods are first delivered to Company shall be the initial “Due Date” and subsequent Due Dates shall occur on the monthly anniversary of the initial Due Date. You will pay any applicable sales and use taxes imposed on any transaction You will not be entitled to a refund of any prepaid Storage Fees under any circumstances. The monthly Storage Fees may be adjusted by Company effective the month following written notice by Company to You specifying such adjustment, which notice shall be given not less than thirty (30) days prior to the first day of the month for which the adjustment will be effective. Any such adjustment in the Storage Fees will not otherwise affect the Terms & Conditions or the Contract, which will remain in full force and effect. Time is of the essence with regard to all payment obligations due hereunder.
  12. The Company shall not deliver all or a portion of Your Goods unless all Charges are paid in full, including Storage Fees and any other charges due prior to the end of the minimum term of three months.
  13. Late Fees:
  14. In the event You fail to pay Storage Fees by the 10th day after the Due Date or the earliest date permitted by applicable law, You shall pay, in addition to any other amounts due, a late charge equal to the lesser of $25.00 on each such occasion or the maximum amount allowed by applicable law.  You will also be responsible for all of Company’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees.
  15. In the event Company commences a lien sale as a result of Your default in the payment of Storage Fees or other charges due hereunder, You shall pay, whether or not a lien sale occurs, all costs and expenses incurred by Company associated with processing the delinquent account, including advertising and mailing fees, plus a lien handling charge of up to $75.00.
  16. In the event You are delinquent in the payment of Storage Fees or other Charges, You authorize Company to charge Your credit card provided in Your Company Portal, without Your signature, for such Charges owed by You to Company, even if You have selected another method of payment as the preferred method. Company shall have no liability to You for charges applied to Your credit card by Company in good faith.
  17. All Charges other than Storage Fees are due and payable immediately. All Charges not paid within 30 days from the due date are subject to an interest charge, from the date said charge or fee became due until paid, at the maximum amount allowed by law.
  18. In the event you need to cancel or reschedule your pick-up or delivery date or time, you shall provide the Company notice by 8:00 p.m. the day prior to your scheduled pickup or delivery day. In the event you do not provide such prior notice, the Company reserves the right to charge You a cancellation fee of $17.00 and You will be required to pay a new delivery fee of $17.00.
  19. Termination:
  20. You may terminate storage of Your Goods at any time by giving notice to Company for delivery of all Your Goods. Notwithstanding the foregoing, You shall only be entitled to delivery of Your Goods if there are no outstanding Charges owing to Company. The Storage Fees shall be prorated if the termination occurs prior to the end of a full month.
  21. Company may, upon written notice as required by law, require the removal of Goods, or any portion thereof, from the Facility upon the payment of all Charges attributable to said Goods within a stated period, not less than 30 days after such notification (or such shorter period permitted by law). If said Goods are not so removed, Company may sell them as provided by law and shall be entitled to exercise any other rights it has under the law with respect to said Goods.
  22. Delivery Charges:
  23. Unless otherwise specified or elected by Company, handling charges cover only the ordinary labor and duties incidental to pick up and delivering of the Goods to the Facility during normal business hours, between 8:30 am and 5:00 pm local time. All instructions and requests for delivery of Goods are received subject to satisfaction of all Charges, liens and security interests of Company with respect to Goods whether for Storage Fees, accrued Charges and fees or otherwise.
  24. Additional pick ups after the free monthly allotment (every 30 days) are $17.00 per pick up.
  25. The Company requires at least one (1) day advance notice for all delivery orders and one (1) day notice for the return of all items in storage, provided, Company may require additional time to deliver Your Goods in certain circumstances. Based on availability, the Company may accept next business day warehouse pick ups or deliveries if the request is received by 10:00 am on the business day prior to the delivery date.
  26. The Company is able to return items to locations within 45 miles of the Facility (“Service Area”). The Company is unable and shall not be responsible to deliver your storage items to a location or address outside of that defined Service Area.
  27. Customers Obligations:
  28. No Bailment. Customer acknowledges and understands that no bailment is created by this agreement. The Company is not engaged in the business of storing individual items for hire. The Company, in providing storage bins to customers, represents a mini mobile on-demand self storage unit for usage as customer feels fit to use and place personal property owned by customer into for off- site storage by The Company. The Company does not take care, custody, control, possession or dominion of the contents of the closed bin in any manner what-so-ever and does not agree to provide insurance or any other form of protection of any kind or nature for the contents thereof. As such, it is expressly understood that customer assumes the sole and absolute risk of storing its property with the Company.
  29. Limitation of liability. Company shall not be liable for any loss or destruction of or damage to Goods, however caused, unless such loss, damage or destruction resulted from Company’s failure to exercise such care in regard to Goods as a reasonably careful person would exercise under like circumstances. Company is not liable for damages which could not have been avoided by the exercise of such care. In addition, You release Company from any responsibility for any loss, liability, claim, expense, damage to Goods or injury to persons that could have been insured against. You expressly agree that the carrier of any insurance obtained by You shall not be subrogated to any claim You have against the Company.
  30. The company is not responsible for any fragile articles injured or broken, unless packed by its employees and unpacked by them at the time of delivery. The company will not be responsible for mechanical or electrical functioning of any article such as but not limited to, pianos, radios, phonographs, television sets, clocks, barometers, mechanical refrigerators or air conditioners or other instruments or appliances whether or not such articles are packed or unpacked by the company.
  31. No liability of any kind shall attach to this company for any damage caused to the goods by inherent vice, moths, vermin or other insects, rust, fire, water, changes in temperature, fumigation or deterioration.
  32. The Company is not responsible for any changes in conditions due to power outages.
  33. Company does not insure Goods and the storage rates do not include insurance on Goods. You have the responsibility to obtain and maintain insurance on Goods equal to the actual full value of the stored Goods against loss and damage.
  34. STANDARD COVERAGE: IN THE EVENT OF LOSS OR DESTRUCTION OF OR DAMAGE TO GOODS FOR WHICH COMPANY IS LEGALLY LIABLE, THE COMPANY’S LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING: (1) THE ACTUAL COST TO YOU OF REPAIRING, REPLACING, AND/OR RESTORING THE LOST, DAMAGED, AND/OR DESTROYED GOODS TOGETHER WITH TRANSPORTATION COSTS TO THE FACILITY, OR (2) $0.60 PER POUND FOR SAID LOST, DAMAGED, AND/OR DESTROYED GOODS.
  35. The Standard Coverage shall apply to the storage of Your Goods while such Goods are in the custody and control of the Company. The Company’s liability under this section shall be Your exclusive remedy against Company for any claim or cause of action whatsoever relating to loss and/or destruction of and/or damage to Goods and shall apply to all claims including shortage and mysterious disappearance claims unless You prove by affirmative evidence that Company converted Goods to its own use. You waive any rights to rely upon any presumption of conversion imposed by law. All liability and coverage for Goods under this section shall cease upon the earlier of the expiration or termination hereunder; or the date that such Goods are returned. Company shall not be liable under any circumstances for Goods that are prohibited under Section 8.
  36. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS CONTRACT AND THESE TERMS & CONDITIONS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  37. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY UNDER THIS CONTRACT AND THESE TERMS & CONDITIONS INCLUDING, BUT NOT LIMITED TO, COMPANY’S LIABILITY UNDER SECTION 9 OF THIS CONTRACT AND THE TERMS & CONDITIONS, EXCEED THE TOTAL AMOUNT PAID TO COMPANY PURSUANT TO THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
  38. Company disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Goods and the Facility. Company makes no assurances or guarantees regarding the time of pick-up or delivery of Your Goods. Company does not make any representations or warranties that any fuel subsidy charge (if any) or any other similar charge equals its excess fuel costs or that it will not profit from such charge.
  39. You shall indemnify, defend and hold harmless Company from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, Your breach of any obligations hereunder.
  40. Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Contract and these Terms & Conditions, for any failure or delay in fulfilling or performing any term of this Contract and these Terms & Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company, including, without limitation, acts of God, flood, fire, earthquake, tornado, hurricane, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdowns or power outages, or other causes beyond the control of the Company.
  41. This section sets forth each party’s sole liability and entire obligation and each party’s exclusive remedy for any action that is brought against the breaching party.
  42. Suitability:
  43. Customer acknowledges and understands that storage with the company is not suitable for the storage of items of sentimental, intrinsic or extraordinary value including, but not limited to, heirlooms, irreplaceable documents or records, invaluable property, artwork, objects of special or emotional value to the customer or objects for which no immediate resale markets exist.
  44. Customer further agrees that Company is unaware of the kind, quantity or value of the Goods stored by You that were packed by You. You assume full responsibility and liability for packing and securing Your Goods for over the road transportation that were packed by You. You shall store only personal property that You own or are the authorized agent of the lawful owner and You have full power and authority to enter into the Contract. You shall not store any of the following items (collectively, “Storage Limitations”):
    • Food or perishable goods.
    • Unusually large and heavy items such as pool tables, pianos, heavy steel grills/smokers, and hot tubs.
    • Vehicles or aircraft, hovercraft, motor vehicles, engines, and trailers. At the sole discretion of the Company, we may allow small vehicles that can be maneuvered and moved with ease as long as they have been properly drained of any fuel.
    • Antiques (100 years or older, whether or not fragile).
    • Illegal substances such as drugs, drug paraphernalia, stolen goods, or other items concealed from authorities related to legal matters.
    • Anything flammable such as lighter fluids, acetone, gasoline, paint, kerosene, radioactive materials, flammable briquettes, batteries and propane.
    • Any personal property which would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters.
    • Hazardous materials.
    • Items that are combustible or expand over time or with changes in temperature such as oxygen tanks or similar containers.
    • Construction debris, tires, oil, or batteries, whether new or used.
    • Firearms and explosive devices including ammunition, flares, fireworks and other explosive items.
    • Pets, birds, fish, or animals,
    • Items that emit fumes,
    • Items that can rot or breed bacteria such as food products, animals or pet food, fertilizers, pesticides and other items such as bacterial cultures and test samples from live specimens,
    • Boxes > 60 pounds or beyond the weight capacity of the box as determined by the Company,
    • Appliances must be disconnected, thawed out, and drained prior to pick up. We will not disconnect your appliances or take appliances that have not been adequately drained.
    • Furniture containing particle board may be stored at Your own risk and the Company assumes no responsibility for damages.
  45. For purposes of this Agreement, “Hazardous Materials” shall include, but not be limited to, any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation. You shall not store Goods that will constitute waste, nuisance or unreasonable annoyance to other customers in the Facility.
  46. Notice of Claim and Dispute Resolution
  47. Company shall not be liable for any claim of any type whatsoever for loss or destruction of or damage to Goods unless such claim is presented, in writing, within a reasonable time, not exceeding 90 days from the date of delivery or expiration of this agreement. Failure to do so will result in a forfeiture of any claim. However, the Company shall not be liable for damage or loss on site at Your residence, Your office or other place serving as the origination location of a pickup or the terminal location of a delivery. Furthermore, the Company shall not be liable for concealed damage of pack by owner (“PBO”) cartons or mechanical malfunctions in the absence of external damage noted at the time of delivery.
  48. If a dispute arises between You and the Company concerning the Company’s services or lost or damaged Goods or any other matters relating to, or arising under, these Terms & Conditions, You agree to participate in binding arbitration in Dallas, Texas, administered by JAMS, in accordance with its rules and procedures. You agree to participate in the binding arbitration in good faith and agree to be bound by the arbitrator’s award. As a condition precedent to initiating arbitration, making any claim and/or filing any suit, You shall provide Company with a reasonable opportunity to inspect the Goods which are the basis of Your claim.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted.
  49. NO ARBITRATION, LAWSUIT OR OTHER ACTION MAY BE MAINTAINED BY YOU OR OTHERS AGAINST COMPANY WITH RESPECT TO THE GOODS UNLESS A TIMELY WRITTEN CLAIM HAS BEEN MADE AS PROVIDED IN SECTION 10(a) AND UNLESS YOU HAVE PROVIDED COMPANY WITH A REASONABLE OPPORTUNITY TO INSPECT THE GOODS AS PROVIDED IN SECTION 10(b) AND UNLESS SUCH LAWSUIT, ARBITRATION OR OTHER ACTION IS COMMENCED WITHIN NINE (9) MONTHS AFTER YOU LEARNED OR REASONABLY SHOULD HAVE LEARNED OF THE LOSS AND/OR DESTRUCTION OF AND/OR DAMAGE TO THE GOODS. YOU AGREE TO WAIVE ANY RIGHTS TO A JURY TRIAL FOR ANY CLAIM MADE AGAINST COMPANY.
  50. Warehouseman’s Lien and Remedy:
  51. You represent and warrant that You are lawfully in possession of the goods and have the right and authority to contract with Company for the services contemplated by this Agreement relating to those goods. You agree to indemnify and hold Company harmless from all loss, cost and expense (including reasonable attorneys’ fees) which Company pays or incurs as a result of any dispute or litigation, whether instituted by You or others, respecting Your right, title or interest in the goods covered by this Agreement
  52. On goods in Company’s possession, it shall have a general warehouse lien for any unpaid charges and associated expenses. Company shall not permit any lien or other encumbrance to be placed against the goods while they are in Company’s possession other than its general warehouseman’s lien.
  53. You hereby irrevocably designate and appoint Company as your true and lawful attorney-in-fact to take any and all actions as Company may deem necessary or desirable in order to realize upon the Collateral.  All acts of said power of attorney are hereby ratified and approved and the Company shall not be liable for any mistake of law or fact made in connection therewith.  This power of attorney is coupled with an interest and shall be irrevocable so long as any amounts remain unpaid on any of the Obligations.  Company shall not be under any duty to exercise any such power of authority.
  54. In the event You are in default hereunder, or at any time thereafter, subject only to prior receipt by Company of payment in full of all Obligations then outstanding, Company shall have all of the rights and remedies described herein, and Company may exercise any one, more or all of such remedies at its sole discretion.  In furtherance of the foregoing, Company may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein, or otherwise available to it, all the rights and remedies of a secured party on default under the Uniform Commercial Code in any applicable jurisdiction (the “UCC”) or any other applicable law.
  55. Each right, power, and remedy of Company as provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Company, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Company of any or all such other rights, powers, or remedies.
  56. Severability:
  57. Company’s failure to insist upon strict compliance with any provision of the Contract, including these Terms & Conditions, shall not constitute a waiver of or estoppel to later demand strict compliance thereof and shall not constitute a waiver of or estoppel to insist upon strict compliance with all other provisions of the Contract.
  58. In the event any section of the Contract, including these Terms & Conditions, or any part thereof shall be declared invalid, illegal and/or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining sections shall not, in any way, be affected or impaired thereby.
  59. Governing Law:

The Contract and these Terms & Conditions shall be interpreted and construed under the laws of the State where the Goods are located and stored, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of such State. You consent to the exclusive jurisdiction of the state or federal courts located in the State of Texas for any dispute arising hereunder not otherwise resolved through binding arbitration in accordance with Section 10 hereof.

  1. Entire Agreement:

This Agreement constitutes the entire agreement between You and the Company and there are no representations otherwise. All of the provisions of this agreement shall apply to, and be binding upon the heirs, executors, administrators, legal representatives and successors of the parties hereto.

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