It is agreed that Company’s Service Terms and Conditions shall govern the dealings between Company and Customer for all Storage/Logistics and related services and may be amended by Company from time to time, without notice.

Definitions.

1. “Company” means SMG Storage Private Limited. registered under the Company’s Act 2013, providing storage services under the brand name Store My Goods.
2. “Customer” means the person, company, firm or other entity for whom the Goods are stored.
3. “Goods” means the property tendered to Company by Customer for which Company has agreed to store/move subject to these terms and conditions.

Ownership of Goods.

1. Customer warrants that it is the lawful owner and/or has lawful possession of the Goods tendered for storage/movement. Customer warrants that they have sole legal rights to store Goods tendered, to release Goods, and to instruct Company regarding delivery or disposition of the Goods. Customer agrees to notify all parties acquiring any interest in the Goods of these terms and conditions and further agrees to indemnify and hold Company harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Goods, or from any other services provided by Company. Such indemnification shall include any legal fees or costs incurred from any claim by a third party, regardless of whether or not litigation is actually filed.
2. Customer shall also provide all necessary documents to establish Ownership of Goods and documents required to verify customer identity.

Storage.

1. Pursuant to the Store terms and conditions, Company agrees to receive, store, and release the Goods in accordance with Customer’s reasonable instructions.
2. If Company determines that the original palletization of Goods must be broken down for storage/movement purposes, Company shall be authorized to break down the pallets without further notice required to Customer. The Customer shall be responsible for getting the Goods reassembled in its original form or the Company may assist them subject to payment of additional charges.
3. Company will store the Goods at its discretion at any one or more buildings at Company’s Storage location. The identification of any specific location with the Company’s Storage Facility does not guarantee that Goods shall be stored therein.
4. Company may provide additional services to Customer as requested and as agreed. Additional applicable handling charges (i.e. Rs.500 on invoice value below Rs.2000 and Rs.1000 on invoice value above Rs.2000) will be applicable whenever Goods are pulled for distribution or at the time of exit or whenever physical inventories are requested by Customer, and whenever additional services are requested that are not explicitly included in the monthly storage charge/ packing and moving charges quoted to Customer. Such additional charges will be provided to Customer and will be invoiced to Customer in addition to any storage charges due.

Termination of Storage/Logistics Services

1. Company reserves the right to terminate storage and to require the removal of the Goods, or any portion thereof, by giving Customer thirty (30) days advance written notice. Customer shall be responsible for payment of all charges attributable to said Goods within the stated period and for removing the Goods from the Storage upon payment of all charges. The balance amount if any paid as advance shall be refunded to the customer after deducting necessary charges. If the Goods are not so removed, Company may exercise its rights under applicable law including but not limited to selling the Goods. The Company also reserves its right to deny logistics services to any Customer as per its discretion
2. In case the Customer wants to terminate the agreement before agreed tenure, storage charges already paid for the remaining period shall not be refunded. The interest free security deposit shall be refunded subject to deduction of applicable charges, if any. The customer shall be liable to give 1 month advance notice in writing for terminating the services of storage with the Company.
3. Further, in case the Customer has taken any registrations on the storage premises, the amount shall be refunded only once the customer provides documented proof that the Registration taken on the demised premises has been cancelled and the TDS Certificates are shared with Company. (if any)
4. In case the Customer cancels the logistics services, any token/booking amount paid for such services is non-refundable. If such cancellation request is raise at least 24 hours before the pick-up time, only the advance paid against logistics charges shall be refunded. In case the request is raised less than 24 hours before the pick-up time, the complete amount paid by the customer shall be non-refundable.

Customer’s obligations for storage/movement.

1. Customer warrants that the Goods are fit for storage and any transportation as may be required. Company will not accept Goods that are not suitable for movement or storage within the Storage Facility.
2. Unless otherwise made known to Company in writing and accepted by Company, Customer warrants that the Goods are not considered hazardous materials and/or dangerous goods at the time the Goods are tendered to Company. Customer warrants that the Goods shall be limited to the permissible materials and quantities in the then current regulations, and agrees to properly classify the Goods, to accurately describe the Goods, and to provide Company with all necessary or useful information for the safe storage and handling of the Goods. If Customer breaches any of the foregoing warranties related to tender of hazardous materials or dangerous goods, or otherwise delivers any such unfit Goods to Company, Company shall be entitled to exercise all available remedies including the immediate destruction or removal of the Goods from the Storage Facility without notice to Customer. In the event of the foregoing breach of Customer warranties, Customer shall be liable for all expenses costs, losses, damages, fines, penalties or other expenses of any sort incurred by Company in connection with the removal, or destruction, or handling of the Goods and shall indemnify Company against all amounts, liabilities, claims, or damages arising in connection with the Goods.
3. For all Goods tendered for storage/movement, Customer shall supply such information and documents as are necessary to comply with all laws, rules and regulations. For all Goods, Customer shall provide to Company all documents or information necessary or useful for the safe and proper storage, handling and transportation of the Goods. If all such information and documents are not fully, accurately and timely provided to Company, Customer shall indemnify Company for all consequences of such failure.
4. Customer warrants its compliance with all applicable laws, rules, and regulations.
5. Customer to ensure that the logistics vendor have such access (including free parking facilities or elevators, necessary society permission) as may be reasonably required to carry out the storage, pick-up & delivery services. Any local building/society/misc charges at customer premises to be borne by the customer.

Payment Terms & Collection Expenses.

1. Storage charges are payable in advance along with one-month interest fee refundable security deposit of the monthly storage value. Customer shall pay Company within 7 days of the invoice date unless otherwise agreed by the Parties in writing. All invoices not paid within the due date will be subject to an additional late fee of 24% of the amount due. If it becomes necessary for Company to utilize a collection agency and/or an attorney to collect any unpaid amount owed or to assist in effectuating the lien provisions herein, Customer shall be obligated to pay the collection agency fees and/or attorney fees, and expenses including court costs incurred, regardless of whether litigation is actually filed.
2. Logistics charges are payable in advance atleast 24 hours before the pick up time. In case the charges is not paid, the Company reserves the right to deny service to the Customer.
3. The storage charges shall be subject to an Half-yearly escalation @ 10% above the last paid storage charges for the preceding month.
4. All prices are subject to change with prior intimation to customer.

Lien Rights.

Company shall have a lien on the Goods tendered by Customer and upon any and all property belonging to Customer in Company’s possession, custody or control for all charges, advances or amounts of any kind due to Company under these Service Terms and Conditions or under any prior or subsequent invoices issued to Customer by Company (including charges for storage, handling, transportation, demurrage, terminal charges, insurance, labor, and any other charges incurred). Company shall have a lien on the Goods and may refuse to surrender possession of the Goods until all charges or debts are paid in full. If such amounts remain unpaid for 30 days after Company’s demand for payment, Company may sell the Goods at public auction or private sale or in any other manner reasonable, and shall apply the proceeds of such sale to the amounts owed including the legal or other costs incurred for carrying out the sale of Goods at public auction or private sale or in any other manner reasonable. Customer remains responsible for any deficiency outstanding to Company.

Liability.

1. The Company shall exercise such care in regard to the Goods stored/tendered for movement as a reasonably careful person would exercise in like circumstances. Company shall not be liable for any loss or destruction of or damage to the Goods, however caused, unless such loss, damage or destruction resulted from Company’s failure to exercise such care in regard to the 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. Company's liability, if any, for loss, damage, or destruction, however caused, to part or all of the Goods stored/tendered for movement hereunder shall be limited to Rs.100/- (Rupees One Hundred Only) per box/item. If the Company is unable to provide any service herein contemplated because of acts of God or public enemy, seizure or legal process, strikes, lockouts, riots and civil commotions, or other reason beyond the Company's control, or because of loss or destruction of goods for which the Company is not liable, or because of any other reason provided by law, the Company shall not be liable for failure to carry out such instructions or services.

2. In no event shall Company be liable for any loss or damage caused by:

   1. acts of God; public authorities acting with actual or apparent authority; strikes; labour disputes; weather; mechanical or equipment
   2. failures; cyber-attacks; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine
   3. officials; acts of carriers related to security; the nature of the freight or any defects thereof; inherent vice of the goods; perishable
   4. qualities of the merchandise; fire; frost or change of weather; sprinkler leakage; floods; wind; storm; moths; public enemies; or other

   5. causes beyond its control;

      1. fragile articles injured or broken unless the Customer has specifically informed the Company about the items being fragile and needed to be handled with caution;
      2. pilferage or theft, unless such loss or damage is caused by the failure of Company to exercise such ordinary care required by law; and
      3. Remote damages, or for losses incurred due to damage of the Goods.
      4. Any loss or damage caused to the goods during packaging and while in transit.
      5. In no event shall Company be responsible for loss or damage to documents, stamps, securities, artwork, heirlooms, jewellery or other articles of high and unusual value unless a special agreement in writing is made between Company and Customer with respect to such articles.
      6. No Consequential Damages. In no event, whether as a result of breach of Company’s duties, negligence liability without fault or any other legal theory or basis, shall company be liable for any special, incidental, consequential, statutory or punitive damages, including but not limited to, loss of profits or loss of market, loss of income, damages arising from loss, attorneys fees or punitive damages, wrong delivery, or damage to property, loss of use of goods, cost of substituted good, delayed delivery or failure to attempt delivery, whether or not company had knowledge that such damages or losses might occur.

Unless specifically agreed to in writing, Company shall not be responsible for storage/movement of the Goods in a temperature or humidity controlled environment. Customer knowingly accepts that the Goods will be stored/moved in a non-temperature/humidity controlled environment. Company will not be responsible for any loss or damage to the Goods that result from fluctuations in temperature range or in humidity levels of the Store facility/Vehicle. Company will furthermore not be responsible for losses or damages incurred to Perishable Goods, unless otherwise agreed to in writing prior to tender of the Goods for storage.

Inspection & Security.

1. The Customer may visit and inspect their Goods at the Storage Facility subject to prior notice of 2 working days to the Company.

Nominee.

The Customer shall nominate one person as his Nominee. In case the Customer is unreachable or unavailable/absent, the Company shall correspond with the Nominee instructions related to Storage/movement of goods including but not limited to disposal of goods in case on non-payment of charges.

Notices.

All written notices herein may be transmitted by any commercially reasonable means of communication providing delivery receipt to the sender, and shall be directed to Company corporate Office and to Customer at the address provided by the Customer to the Company, unless otherwise instructed by either party in writing.

Governing Law.

Waiver; Severability, etc.

Headings Not Binding.

The use of headings in these Service terms and conditions are for ease of reference only. Headings shall have no effect and are not considered to be part of or a term of these Service Terms and Conditions.

Prohibited List of Items :

Alcohol or any other forms of liquid, Drugs and illegal goods: Firearms, Explosive substances, such as fireworks, ammunition and gas cylinders, Gasoline, batteries, oil, grease, fuel or other flammable substances (gas must be completely drained from mowers and motorcycles, for example.), Plants, firewood and other forms of flora, Food and perishables, Odorous materials, Animal carcasses or live animals, Chemicals such as paint and cleaning solvents, Tires, Garbage and refuse, Jewellery (High Value Items), cash, diamond , Precious stone, silver, expensive paintings, antiques, hazardous goods of Category I, II, III, Coir waste, coir fibre and Caddies . We reserve the right to dispose of goods, in case there is a breach of above terms and conditions or the goods fall under prohibited category under any applicable laws. The Company shall not be liable in case of damage/loss/theft of any such items stored by the Customer without the knowledge of the Company.

The packaging and transportation is being carried out by third party with whom SMG Storage Private Limited (Store My Goods) shares a principal to principal relationship. SMG Storage Private Limited (Store My Goods) is not liable for any damage caused to the goods while packaging or transportation by the third party vendor. In case, the Customer is availing Storage Services, the customer may either choose to avail logistics services from the third party vendor suggested by SMG Storage Private Limited (Store My Goods) or may choose to hire their own logistics vendor at their own risks and cost

Taking Fire, Theft and Burglary insurance for the goods stored is mandatory for the Customers. The Company is not selling insurance but only facilitating, from a third party insurance provider. The Customer shall be purchasing the insurance policy directly from the insurance provider. (Subject to the terms and conditions mentioned in the policy document). In any case if the Insurance premiums remain unpaid, the Company shall have the right to deposit the same to the insurance company, on behalf of the customer and adjust the same from the security deposit paid by the Customer. Insurance claims, if any, shall be made by the customer, directly to the insurance provider and the Company shall have no role to play whatsoever in the settlement process. KYC documents to be directly provided by the Customer to the insurance provider as per IRDA guidelines.

In case of storage services, any Payment which has been made in advance or as Token, is completely non-refundable.

With regard to the logistics or any other services provided, you will not be eligible for refund in case of any changes made less than 24 hours prior to the scheduled date.

If required, TDS Deductible under section 194C of Income Tax Act, 1961. TDS if any, on the invoice raised by the Company is deductible under section 194C of Income Tax Act, 1961.