TERMS AND CONDITIONS
The Customer and the Company agree to the following terms and conditions as confirmed upon check out of the online cart:
OWNERSHIP OF PROPERTY:
The Customer has represented and warranted to Epic Storage Solutions, LLC (Company) that he is the legal owner or in lawful possession of the Property and has the legal right and authority to contract for services for all of the Property tendered upon provisions, limitations, terms and conditions herein set forth and that there are no existing liens, mortgages or encumbrances on the Property. In the event the Company should incur any costs and expenses, including attorney’s fees, as a result of Customer’s misrepresentation or breach of this agreement, Customer agrees to pay any and all of said costs and expenses and Company shall have a lien on the Property for all charges that may be due to it as well as for such costs and expenses.
(A) It is agreed that the Company shall have a general lien upon any and all of the Property deposited with it or hereafter deposited with it. All goods deposited upon which storage and all other charges are not paid when due, will be sold at public auction to pay accrued charges and expenses of the sale, after due notice to the depositor, and publication of the time and place of said sale, according to NC law.
(B) The Company shall have a further lien for all monies advanced to any third parties for account of the Customer.
(C) Accounts are due and payable upon Customer contracting Company’s service via the checkout function on Company’s website. All charges must be paid in cash, money order, cashier’s check, or major credit card before services are rendered.
LIMITATION OF LIABILITY:
(A) The Company when transporting to or from the warehouse for storage acts as a private carrier only, reserving the right to refuse any order for transportation.
(B) This contract is accepted subject to delays or damages caused by war, insurrection, labor troubles, strikes, Acts of God or the public enemy, riots, the elements, street traffic, elevator services or other causes beyond the control of the Company.
(C) The Company is not responsible for any fragile articles injured or broken. The Company will not be responsible for mechanical or electrical functioning of any article.
(D) No liability of any kind shall attach to the Company for any preexisting damage caused to the goods by inherent vice, moths, vermin, rust, fire, water, fumigation, or deterioration. Epic reserves the right to open and inspect and repack client's boxes and property in the event of a natural disaster or other similar event in order to preserve client's property and/or the property of other Epic Customers. In the event that client's boxes or property contain hazardous substances, materials or vermin, client shall be responsible for the costs of the removal of said substances, materials or vermin and for damages to any other Epic clients' property caused by said substances, materials or vermin.
(E) Unless a greater valuation is stated herein, the Customer declares that the value of the Property in case of loss or damage arising out of storage, transportation, packing, unpacking, clearing or handling of the goods shall not exceed, and is strictly limited to not more than the total of the cost paid by the Customer to the Company for its services. The Customer may declare a higher valuation, without limitation, in case of loss or damage from any cause, whether the fault of the Company, its principals, its agents, employees, successors and/or assigns, or an act of God, or other reason. In the event the Customer chooses to declare a higher valuation; the Company reserves the right to require the Customer to supply a certificate of insurance to cover any losses and the Company reserves the right to assess a higher rate for service based on the increased risk of loss. The Company has the right to refuse to store, transport, pack, unpack, clearing or handling of the Property and the Company will refund the Customer for any services not rendered.
(F) The Company is not responsible and shall not have any liability for the following goods, and the following goods shall automatically be excluded from any claim: accounting records, deeds, bills, currency, evidence of debt, securities, money, coins, notes, jewelry, watches, precious stones, furs and garments trimmed in fur, exotic, imported or high-valued contents.
ADDRESS AND CHANGE:
It is agreed that the address (Dorm and Room) of the Customer will be given upon contracting services and shall be relied upon as the Company’s sole form of communications. It is expected that all address changes and forms of communication (emails and phone) will be communicated in a timely fashion to the Company.
FILING OF CLAIM-NOTICE:
(A) As a condition precedent to recovery, claims must be in writing to the Company’s claims department. No action may be maintained by the Customer against the Company either by suit or arbitration to recover for claimed loss or damage, unless commenced within ten (10) days after the date of delivery by the Company.
(B) The Company shall have the right to inspect and repair alleged damaged articles.
Any controversy or claim arising out of or relating to this contract and/or the breach thereof, or the goods affected thereby, whether such claims be found in tort or contract shall be settled by arbitration and shall be controlled by North Carolina law and under the rules the rules of the American Arbitration Association, provided however, that upon any such arbitration the arbitrator(s) may not vary or modify any of the foregoing provisions.
The contract represents the entire agreement between the parties hereto and cannot be modified except in writing and shall be deemed to apply to all of the Property of any nature of description which the company may now or any time in the future store, pack, transport or ship for the Customer.
(A) If the Property cannot be delivered by stairs or elevator, the Customer agrees to pay an additional charge for hoisting or lowering or other necessary labor to affect delivery. Customer shall arrange in advance for all necessary elevator and other services and any charges for same shall be paid immediately by the Customer.
(B) Moving charges do not include the taking down or putting up of doors, fixtures, banisters or other fitting, or the relaying of floor coverings, or similar services. All such provisions will be made and paid for by Customer prior to and after our arrival.
(C) Packing fees will be charged on an hourly rate of $75.00 per hour. The packer will perform all packing duties on behalf of the Customer. The Customer will approve all packed boxes upon completion of work. The Company is not responsible for any fragile articles injured or broken. The Company will not be responsible for mechanical or electrical functioning of any article. No liability of any kind shall attach to the Company for any preexisting damage caused to the goods by inherent vice, moths, vermin, rust, fire, water, fumigation, or deterioration
Storage is in a climate controlled environment. The offering is customized on per Customer basis and the cost of the Company’s services are outlined on the Company’s website upon ordering. The Company’s service is billed upon execution of the agreement. All remaining storage fees along with any additional charges for shipping, packaging and extended storage will be negotiated on a case by case basis between the Company and the Customer.
PICK UP / DELIVERY:
Customer shall provide a clear path free from snow, ice, mud, etc. for the safety of all parties. The Company reserves the right to pick up for multiple Customers at once.
In order to maintain reasonable rates and quality service, the Company must combine moves. This requires constant change and updating to the Company’s schedule. The Company will attempt to give the Customer a 24-hour notice when dates are scheduled or changed. On the day of the move, Company will give Customer a one-hour window. In the event that Customer should need to be elsewhere during this time, Customer shall provide Company with a contact number that Company’s driver can call one hour prior to arrival.
Weather and other circumstances beyond Company’s control may prevent Company from meeting exact time schedules. Customers are welcome to call the office at any time for an update. The Company’s crews work seven days a week from 7 AM to 10 PM. If the Company attempts a scheduled pick-up or delivery and no one is available, a charge of $25 will apply to cover the additional handling and labor required.
There will be a 24-hour grace period for canceling or adjusting pickup and delivery times. Inside of the 24-hour grace period, the Company has the right to charge a $25.00 change fee. Any changes to the Customer’s schedule will be handled on a best-case scenario and will be communicated to the Customer.