Storage Agreement

POSEIDON MOVING INC. hereinafter referred to as “Poseidon Moving Inc.” (which expression shall where the context so admits include its personal representatives and assigns) on the first part;

AND

The party requesting service from Poseidon Moving Inc. hereinafter referred to as “Client” (which expression shall where the context so admits include its/his/her personal representatives and assigns) of the other part.

Definitions as used in this Agreement, the following terms shall have the following meanings:

“Property” means items stored by Poseidon Moving Inc. on behalf of the Client in the Warehouse and/or Premises.

“Premises” means the building in which the Moving Warehouse is located, and includes attendant loading docks, parking lots, and other improvements.

“Storage Space” means the particular space within the Moving Warehouse where Client’s Property will be stored.

including without limitation the payment of all fees under this Agreement, Poseidon Moving Inc. shall, upon request:

• (1) Arrive at the address the Client designates as the pick-up address (the “Pick-up Address”);
• (2) Prepare furniture and other large items for safe transport using moving blankets and other required packing materials;
• (3) Inspect the Client’s furniture items prior to packing or wrapping, to document their condition prior to transport and storage;
• (4) Load the shipment into the truck from the Client’s pick-up address;
• (5) Transport the Stored Items to the Poseidon Moving Inc. warehouse facility; and
• (6) Return the Stored Items to the delivery address (the “Delivery Address”) designated by the Client, at additional labor cost based on distance and delivery address details.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, Poseidon Moving Inc. and the Client agree as follows:

Client’s Property shall be stored in the Storage Space specified by Poseidon Moving Inc. The location of the Storage Space within the Moving Warehouse shall be determined by Poseidon Moving Inc., and may be contiguous or noncontiguous. Client understands and agrees that the fees for the Storage Space shall be due whether or not all or only a portion of the Storage Space is used to store Client’s Property.

By using the Poseidon Moving Inc. storage services or other paid services or products provided by Poseidon Moving Inc., the Client agrees to the pricing and payment terms as Poseidon Moving Inc. may update them from time to time. Poseidon Moving Inc. may add additional fees and charges for any additional services requested by the Client.

All information that the Client provides in connection with Poseidon Moving Inc. regarding the Client’s storage details must be accurate, complete, and current. The Client agrees to pay all charges incurred using the Client’s credit card, debit card, or other payment method used in connection with a purchase or transaction with Poseidon Moving Inc. at the prices in effect when such charges are incurred.

The Client will pay any applicable taxes relating to any such purchases, transactions, or other monetary transactions. Any amounts not paid when due shall bear interest at the rate of 15% per month or the maximum rate allowable by law, whichever is less.

Chargeback Policy: By agreeing to this Storage Agreement, the Client agrees not to initiate a credit card chargeback or payment dispute for any storage charges, provided that Poseidon Moving Inc. performs the services as agreed and documented. If the Client has a claim or any issue with services provided, the Client must use the Poseidon Moving Inc. claims process by contacting customer service during normal business hours or by email at claims@poseidonmoving.com. Any billing disputes must be resolved through direct communication and, if necessary, through mediation or arbitration. Poseidon Moving Inc. reserves the right to pursue collection of any disputed charges through lawful means, including but not limited to collection agency referral and recovery of reasonable attorney’s fees.

Pursuant to Massachusetts General Laws, Chapter 254, Poseidon Moving Inc. shall have a lien against Client’s Property to secure Client’s performance of its obligations under this Agreement, including payment of the requisite fees.

In the event the Client defaults on payment, Poseidon Moving Inc. may enforce its lien. Enforcement of such lien shall not be mandatory, and in any event is in addition to any other remedy Poseidon Moving Inc. may have at law or under this Agreement.

In order to store items with Poseidon Moving Inc., the Client must be the owner of the Stored Items or otherwise have the right and authority to store the Stored Items in accordance with this Agreement.

The Stored Items cannot include any of the following: perishable goods, firearms or ammunition, explosives, plants, birds, fish, other animals, or any other living thing, any items which may emit fumes, smells, or odors, bullion (e.g., gold/silver), precious metals or stones, jewelry, currency, ivory, any drugs, illegal substances or goods, or goods or substances illegally obtained, combustible or flammable materials, liquids or compressed gases, oil or oil-based products, gas, artificial fertilizers or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, or any other items the possession, usage, or storage of which may detrimentally affect other Stored Items or violate the laws of the United States or any other applicable laws, rules, or regulations (collectively “Prohibited Stored Items”).

Poseidon Moving Inc. shall regularly conduct pest control inspections and operations at the storage facility containing the Client’s Stored Items.

Poseidon Moving Inc. may at any time and without notice to the Client open any container for inspection if Poseidon Moving Inc.:

• (1) believes, in its sole discretion, that the Stored Items may include any Prohibited Stored Items;
• (2) is mandated or ordered to do so by law enforcement or other local authorities or by court order;
• (3) determines it is necessary for inventory, accounting, or warehouse maintenance; or
• (4) considers it necessary due to an emergency situation or to prevent injury or damage to persons or property.

Poseidon Moving Inc. may refuse to store any Stored Items, or may return Stored Items to the Client at the Client’s cost, at any time, if Poseidon Moving Inc. determines that the storage or continued storage of the Stored Items presents a hazard or potential risk to:

• (1) the safety of any person,
• (2) the security of the storage site, or
• (3) any other Stored Items at the Poseidon Moving Inc. storage facility.

Poseidon Moving Inc. shall have the right to withhold and ultimately dispose of some or all of the Stored Items in the event the Client does not pay all applicable fees or any other payments due under this Agreement. The Client will be responsible for all storage charges and other associated costs reasonably incurred by Poseidon Moving Inc. while withholding or disposing of the Stored Items.

Poseidon Moving Inc. will provide the Client with thirty (30) days’ written notice, sent via certified mail or email to the address on file, requiring the Client to pay all amounts due and contact Poseidon Moving Inc. to arrange for delivery of the Stored Items. If upon the expiration of the 30-day notice period the Client has failed to pay all of the amounts due, Poseidon Moving Inc. may dispose of some or all of the Stored Items by sale or otherwise.

Except as otherwise required by applicable law, the Client hereby, to the fullest extent permitted, waives, releases, and agrees not to sue or counterclaim upon any claim for any special, consequential, or punitive damages arising out of or related to the transactions contemplated by this Agreement, whether or not accrued and whether or not known or suspected to exist in his/her/its favor. Poseidon Moving Inc.’s total liability for any claim arising from or relating to this Storage Agreement shall not exceed the total amount of storage fees actually paid by the Client.

Client will be solely responsible for:

• (1) ensuring that all items are properly packed and wrapped for safe transportation; if an item is packed or wrapped in a manner that is unsafe for transport, Poseidon Moving Inc. may use additional packing materials at the Client’s cost;
• (2) being present, or ensuring that someone authorized by the Client is present, during the pick-up and delivery times;
• (3) providing Poseidon Moving Inc. with the Client’s contact information and ensuring that such contact information is accurate and current;
• (4) ensuring that Stored Items have been securely packed and properly packed into boxes/containers so as not to cause damage or injury to the Client’s Stored Items or to Poseidon Moving Inc. property, employees, other goods, or other individuals, whether by spreading of dampness, infestation, leakage, or the escape of fumes or substances or otherwise;
• (5) informing the Poseidon Moving Inc. team immediately upon delivery of any damage to the Stored Items or the Client’s property that may have occurred during a delivery; and
• (6) fully reimbursing Poseidon Moving Inc. for all damages, liabilities, costs, claims, and expenses that may be incurred as a result of the Client’s use of the Poseidon Moving Inc. services and/or due to any breach by the Client of this Agreement.

Client understands that Poseidon Moving Inc. is only responsible for those Stored Items that have been visually inspected by the Poseidon Moving Inc. team. The Client is solely responsible for verifying that the Client has received his or her copy of the inventory list after the load of the Client’s items.

The Client hereby waives and releases Poseidon Moving Inc. from responsibility for any damage to items that were not packed, sealed, or inspected by the Poseidon Moving Inc. team. Poseidon Moving Inc. uses packing blankets and packing supplies to ensure safe transport. If any items are not packed into boxes or protected with moving blankets, the Client is solely responsible for damage to those items.

Except as expressly set forth in this Agreement, Poseidon Moving Inc. shall have no liability for any indirect, incidental, special, exemplary, or consequential damages (including without limitation lost profits), however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the storage services or the exercise of any rights granted hereunder, even if advised of the possibility of such damages.

The Client shall indemnify and hold Poseidon Moving Inc. harmless, as well as its officers, directors, shareholders, agents, parents, and subsidiaries (“Indemnified Party”) from and against any and all liabilities, claims, damages, or costs of any kind arising out of or caused by the actions or inactions of the Client.

Such indemnification shall include reasonable attorney’s fees incurred by the Indemnified Party in any action or proceeding in which such liability, claim, damage, or cost is asserted, provided the Indemnified Party timely tenders the defense of such action or proceeding to the Client, and the Client fails to timely provide such a defense.

Client may terminate this Agreement at any time by requesting the return of the Stored Items and by paying any outstanding fees due to Poseidon Moving Inc. Upon termination by the Client or by Poseidon Moving Inc., regardless of the reason, the Client understands and agrees that the Client will continue to be bound by any outstanding commitments and payments due in accordance with this Agreement.

Upon termination of this Agreement by either Party, the Client must contact Poseidon Moving Inc. promptly to arrange for delivery of the Stored Items. If within forty-five (45) days following termination the Client fails to arrange for delivery of all Stored Items, then Poseidon Moving Inc. may process the Stored Items in accordance with the provisions of Section 5 (“Withholding or Disposal of Stored Items”) above.

There are no refunds for cancellations of storage services. Poseidon Moving Inc. requires minimum payment commitments, and the Client remains obligated to pay the full amount of any such minimum payment commitment, regardless of the timing within the billing cycle of the Client’s account cancellation. In the event that Poseidon Moving Inc. suspends or terminates the Client’s account due to the Client’s breach of this Agreement, the Client understands and agrees that no refund or exchange shall be provided for any unused storage time or fees.

This Storage Agreement, together with the Moving Services Agreement, contains the entire agreement and understanding among the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.

Client understands that the terms and conditions of this Agreement are subject to future change by Poseidon Moving Inc. In the event of any changes, the Client will be notified and will be required to sign a new copy of this Agreement. Any electronic signature shall have the full weight and authority as an original signature on this Agreement. Additionally, any signature page delivered electronically or by facsimile shall be binding to the same extent as an original signature page with regards to any agreement subject to the terms hereof or any amendment hereto.

In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

All terms and conditions of this Agreement and any materials and/or information provided in the course of this Agreement shall be kept confidential by both parties herein unless disclosure is required pursuant to process of law or unless the disclosure is to warranted third parties.

This Agreement may not be amended, modified, or supplemented except by a written instrument signed by both parties. Any changes to storage rates, terms, or conditions will be communicated to the Client in writing and will take effect upon the Client’s acknowledgment or continued use of the storage services.