Limitation of Box-n-Go Liability.
Box-n-Go shall not be liable for any damage or liability arising for any reason, if:
1. Customer authorizes another person to access the container provided by Box-n-Go;
2. Customer authorizes Box-n-Go to deliver the container(s) without Customer’s presence,
3. Road, access, weather, or other conditions hinder or prohibit Box-n-Go from timely delivering or picking up the container(s) despite Box-n-Go’s reasonable efforts,
4. Box-n-Go is late in delivering container(s), empty or full, and/or retrieving the containers, empty or full,
5. Box-n-Go removes the container(s) from Customer’s property as a result of Customer’s failure to prepare such container(s) for pick-up and/or Customer’s failure to make deposits and payments due to Box-n-Go for the time when the container(s) were in Customer’s possession or control.
Monetary Limit on Liability.
Notwithstanding, Customer’s “declared value”, Box-n-Go aggregate liability for damages shall not exceed sixty cents ($0.60) per pound per article (up to a maximum of $1,200.00 for all belongings in each container), with a $250.00 deductible.
Limited Warranty.
Up to the limitation of the Box-n-Go’s liability, Box-n-Go is liable for damages to the belongings in the container(s) caused by its failure to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances and will NOT be held liable for any damages including but not limited to:
(a) acts of God such as earthquake, liquefaction, flood, water damage, other types of weather
(b) ordinary and normal depreciation
(c) damage from insects and animals
(d) reduction in value occurring for any reason, while the belongings are in the Customer’s custody
(e) any loss or damage caused by shifting or movement of the stored property inside the container(s) during transportation or shipping of the stored property to, from, or within the self-storage facility
(f) loss or damage directly or indirectly caused by other customer’s stored goods, or
(g) any loss or damage resulting from any person other than Customer accessing or demanding redelivery of the container(s) or Customer demanding redelivery without Customer being present and
(h) any loss or theft of or damage to any stored property, if any of such stored property constitutes “Prohibited Goods”
Filing a Claim.
Customer must file a written claim for loss or damage with Box-n-Go within sixty (60) days after Customer first becomes aware of such damage or loss. Box-n-Go will not be liable for any loss or theft of or damage to the goods for which Customer does not deliver a written claim. Customer shall provide Box-n-Go with a reasonable opportunity to inspect the Goods, which are the basis of Customer’s claim. In case of any claim filing, Customer has a burden of proof that
(a) Belongings were packed and loaded properly and braced adequately;
(b) The loss was a result of negligence by Box-n-Go or it’s failure to use adequate care as required by law.
The points of transfer of risk
Customer agrees that Box-n-Go liability begins at pick-up of loaded container(s), and ends at drop off of loaded container(s).
