TERMS AND CONDITIONS
- Fees: The Customer shall pay Absolute Classics Marine Ltd. all fees for Additional Services: (a) upon the signing of this Agreement; or (b) on or before the 1st day of each calendar month at the address of Absolute Classics Marine Ltd. as set forth above. Interest will accrue at 10% per annum on any unpaid bills.
- Services: Absolute Classics Marine Ltd. shall provide the Storage Services and perform the Additional Services in accordance with all applicable laws and prudent industry practice.
- Insurance: Customer shall bear all risk of loss or damage to Customer’s personal property stored on the premises. Absolute Classics Marine Ltd. shall not provide insurance for any of the Customer’s personal property stored on the premises.
- Limitation of Liability: Absolute Classics Marine Ltd. and its successors, assigns, directors, officers, employees, and agents shall not be responsible for any damage to or loss of Customer’s personal property caused by fire, water, earthquake, theft, vandalism, rack failure or any other forces of nature or any other cause, except where such loss or damage is caused by the gross negligence or wilful misconduct of Absolute Classics Marine Ltd.. Customer agrees to hold Absolute Classics Marine Ltd. and its successors, assigns, directors, officers, employees, and agents harmless for any and all damage or destruction that may occur to the Customer's personal property and from any and all
claim, loss, damage or injury (including any reasonable legal fees incurred by Absolute Classics Marine Ltd.) to any third person or property caused by the Customer's personal property, except where such loss or damage is caused by the gross negligence or wilful misconduct of Absolute Classics Marine Ltd.. a. If the Customer’s vessel is not shrink-wrapped or stored indoors Absolute Classics Marine Ltd. shall not be responsible for any of the following: mold growth, damage by animals or insects, damage or deterioration to the tarp, cover, or gelcoat.
- Cancellation: If the premises is destroyed or damaged to the extent that it is not longer useable during the term of this Agreement, from any cause other than the conduct or negligence of the Customer, either Absolute Classics Marine Ltd. or the Customer may cancel this Agreement immediately, effective upon delivery of written notice to the other party. In the event of such a cancellation, the Customers obligation to pay storage fees shall terminate immediately, but the Customer shall remain liable for any unpaid storage and service fees.
- Default: If the Customer fails to comply with any term or condition contained herein, including but not limited to timely payment of all storage and service fees, Absolute Classics Marine Ltd. may, at Absolute Classics Marine Ltd.'s sole option, give the Customer a written notice specifying the default and allowing the Customer thirty (30) days to cure the default. If the Customer does not cure the default within the thirty (30) day cure-period, Absolute Classics Marine Ltd. may, at Absolute Classics Marine Ltd.'s sole option, give the Customer a further thirty (30) day notice terminating the Agreement, and the Customer shall remove his/her personal property from the premises on or before the termination date. Storage fees are due through the date of removal of the personal property. The waiver of Absolute Classics Marine Ltd. of the Customers breach of any term or condition of this Agreement shall not constitute a waiver of any subsequent breach. Any extension of time granted to cure a default shall not constitute a waiver of the default.
- Termination: The Customer may terminate this Agreement by 30 days written notice; any pre-paid storage fees shall be prorated.
- Governing Law: This Agreement shall be deemed to have been made in, be subject to and be interpreted and construed in accordance with the laws of the Province of British Columbia, and shall ensure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.
- Exclusion of Warranties: The entire Agreement and contractual undertaking between the parties is contained in this written Agreement. Any implied warranties of merchantability or fitness for a particular purpose, and all other warranties, expressed or implied, are excluded from this transaction, and do not apply to the Storage Services or the Additional Services.
- Assignment: This Agreement cannot be assigned or sublet without the prior written approval of Absolute Classics Marine Ltd..