Storage Agreement

Company hereinafter referred to as “Poseidon Moving” 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 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 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 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 that the Client or Poseidon Moving team has packed from your delivery address;
• (5) Transport the Stored Items to Poseidon Moving Warehouse facility;
• (6) Return the Stored Items to the delivery address (the “Delivery Address”) designated by the Client at additional labor cost according to the distance + 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, the Poseidon Moving and Client agree as follows

Client’s Property shall be stored in the Storage Space specified by Poseidon Moving. The location of the Storage Space within the Moving Warehouse shall be determined by Poseidon Moving, 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 Services or other paid services or products provided by Poseidon Moving, the Client agrees to the pricing and payments terms, as Poseidon Moving may update them from time to time. Poseidon Moving may add additional fees and charge, for any additional services requested by Poseidon Moving Customer.

All information that the Client provides in connection with Poseidon Moving regarding the Client’s moving details must be accurate, complete, and current. The Client agrees to pay all charges incurred by users of the Client’s credit card, debit card, or other payment method used in connection with a purchase or transaction with Poseidon Moving 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.

Payments made by credit card cannot be disputed. If the Client has a claim or any issue with services provided, the Client must use the Poseidon Moving claims process. The Client can start a claim by contacting customer service during normal business hours or by email claims@poseidonmoving.com. Any credit card payments that are disputed by the customer and/or client will be considered theft of services and a criminal complaint will be filed with local authorities and prosecuted as a criminal charge.

Any fees or business injury costs as a direct result of any credit card dispute will immediately be charged to the customer’s and/or client’s account. Any open balances from a credit card dispute will immediately be turned to collections and reported to all three major credit reporting agencies. The credit card dispute terms above apply to any and all services provided by Poseidon Moving.

Pursuant to Massachusetts Legislature General Laws, Chapter 254 Poseidon Moving 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 Client, Poseidon Moving 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 may have at law or under this Agreement.

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

The Stored Items cannot include any of the following in connection with the Poseidon Moving Services: antiques, perishable goods, firearms or ammunition, explosives, used tires, 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, any biological agents, flammable or hazardous goods, or any other items, the possession, usage, or storage of which may detrimentally affect any of your other Stored Items or violate in any way the laws of the United States or any other applicable laws, rules, or regulations (collectively “Prohibited Stored Items”).

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

Poseidon Moving Team at any time and without notice to the Client, may open any Poseidon Moving Container for inspection, if Poseidon Moving:

• (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 the law-enforcement or other local authorities or by court order;
• (3) determines it is necessary for inventory, accounting or warehouse maintenance;
• (4) considers it necessary due to an emergency situation or to prevent injury or damage to persons or property.

Poseidon Moving 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 determines the storage, or continued storage, of the Stored Items present 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 Storage facility.

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

Poseidon Moving will provide the Client with 30 days’ written notice requiring the Client to pay all amounts due and contact Poseidon Moving 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 may dispose of some or all of the Stored Items by sale or otherwise.

No claim may be made by the Client or any other person against Poseidon Moving for any damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any act, omission or event occurring in connection therewith; and the Client hereby, to the fullest extent permitted under applicable law, waives, releases and agrees not to sue or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in his/her/its favor.

Client will be solely responsible for:

• (1) obtaining and ensuring that Poseidon Moving may have to use additional packing materials at the Client’s cost if an item is packed/wrapped unsafe for its transportation.
• (2) being present, or ensuring that someone authorized by the Client is present, during the pick-up and delivery times;
• (3) providing Poseidon Moving with the Client’s contact information and ensuring that such contact information is accurate and current;
• (4) ensuring that that Stored Items have been securely packed and properly packed into boxes/containers so as not to cause damage or injury or the likelihood of damage or injury to the Client’s Stored Items or to Poseidon Moving 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 Poseidon Moving 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 for an amount equal to all damages, liabilities, costs, claims and expenses that may incur as a result of the Client’s use of the Poseidon Moving Services and/or due to any breach by the Client of this Agreement.

Client understands that Poseidon Moving is only responsible for those Stored Items that have been visually inspected by the Poseidon Moving 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 from responsibility for any damage to items that were not packed sealed, inspected by Poseidon Moving Team. Poseidon Moving uses packing blankets and packing supplies to ensure safe transport. If any items are not packed into boxes or protected with moving blankets you are solely responsible for damage to those items.

Except as expressly set forth in this agreement, Poseidon Moving shall have no liability for any direct, 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 use or distribution of the program 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 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 Indemnifying Party.

Such indemnification shall include reasonably attorneys’ 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 Indemnifying Party, and the Indemnifying Party fails to timely provide such a defense.

Client may terminate this Agreement at any time by requesting the return of your Stored Items and by paying any outstanding fees due to Poseidon Moving. Upon termination by the Client or by Poseidon Moving, regardless of the reason or no reason, 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 the Client or by Poseidon Moving, the Client must contact Poseidon Moving promptly to arrange for delivery of your Stored Items. If within 45 days following termination of this Agreement for any reason you fail to arrange for delivery of all of your Stored items, then Poseidon Moving may process the Stored Items in accordance with the provisions of the section title “Withholding and Disposal of Stored Items” below.

There are no refunds for cancellations. In addition, Poseidon Moving requires minimum payment commitments, and you remain obligated to pay the full amount of any such minimum payment commitment you have made to Poseidon Moving, regardless of the timing within the billing cycle of the Client’s account cancellation. In the event that Poseidon Moving suspends or terminates the Client’s account or the Client’s breach of this Agreement, the Client understands and agrees that he/she/it shall receive no refund or exchange for any unused storage time, fees associated with Poseidon Moving Liability, any license or subscription fees for any portion of the Site or Poseidon Moving Services, any content or data associated with your account, or otherwise.

This Agreement contains the entire agreement and understanding among the parties hereto 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. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Client understands that the terms and conditions of this agreement are subject to future change by Poseidon Moving. In the event of any changes, the Client will be notified and he or she 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.

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