Terms & Conditions
- It is agreed that Company’s Storage Terms and Conditions shall govern the dealings between Company and Customer for all storage services and may be amended by Company from time to time, without notice.
- “Company” means SMG Storage Private Limited. registered under the Company’s Act 2013, providing storage services under the brand name Store My Goods.
- “Customer” means the person, company, firm or other entity for whom the Goods are stored.
- “Goods” means the property tendered to Company by Customer for which Company has agreed to store subject to these terms and conditions.
- Ownership of Goods.
- Customer warrants that it is the lawful owner and/or has lawful possession of the Goods tendered for storage. 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.
- Customer shall also provide all necessary documents to establish Ownership of Goods and documents required to verify customer identity.
- Pursuant to the Store terms and conditions, Company agrees to receive, store, and release the Goods in accordance with Customer’s reasonable instructions.
- If Company determines that the original palletization of Goods must be broken down for storage 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.
- 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.
- 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 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.
- 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.
- 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.
- Further, 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)
- Customer’s obligations for storage.
- 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.
- 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.
- For all Goods tendered for storage, 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.
- Customer warrants its compliance with all applicable laws, rules, and regulations.
- Payment Terms & Collection Expenses.
- 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 50% 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.
- Basis the customer storage plan start date, Following Payment schedule to be followed:
|Storage Plan Dates Between
||Advance Payment to be made before
|1-10th of Month
||25th of Previous Month
|11-20th of Month
||5th of the same Month
|21-31st of Month
||15th of the same Month
- The storage charges shall be subject to an annual escalation @ 10% above the last paid storage charges for the preceding month.
- 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 Storage 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.
- The Company shall exercise such care in regard to the Goods stored 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 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.
- In no event shall Company be liable for any loss or damage caused by:
- acts of God; public authorities acting with actual or apparent authority; strikes; labour disputes; weather; mechanical or equipment failures; cyber-attacks; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the freight or any defects thereof; inherent vice of the goods; perishable qualities of the merchandise; fires; frost or change of weather; sprinkler leakage; floods; wind; storm; moths; public enemies; or other causes beyond its control;
- fragile articles injured or broken, unless packed by Company’s preferred vendor-partner and unpacked by them at the time of delivery;
- pilferage or theft, unless such loss or damage is caused by the failure of Company to exercise such ordinary care required by law; and
- Remote damages, or for losses incurred due to damage of the Goods.
- Any loss or damage caused to the goods during packaging and while in transit.
- 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.
- 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 SUBSITUTED GOODS, 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 of the Goods in a temperature or humidity controlled environment. Customer knowingly accepts that the Goods will be stored 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. 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.
- The Customer may visit and inspect their Goods at the Storage Facility subject to prior notice of 2 working days to the Company.
The Customer shall nominate one person as his Nominee.
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.
Any dispute related to the Storage of Goods under these Storage terms and conditions shall be governed by the laws of India and shall be subject to the jurisdictions of Courts in Delhi.
- Waiver; Severability, etc.
These Storage terms and conditions constitute the entire understanding between Customer and Company regarding the storage of the Goods and services provided. These Storage terms and conditions supersede all prior or contemporaneous verbal or written negotiations, statements, representations, or agreements. If any section or portion of these Storage terms and conditions is held by any court to be illegal or unenforceable it shall not affect the legality or enforceability of the remaining provisions or terms and conditions herein. Company’s failure to insist upon strict compliance with any provision of these Storage terms and conditions shall not constitute a waiver 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 these Storage terms and conditions.
- Headings Not Binding. The use of headings in these Storage 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 Storage 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 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. 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.
- 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.