For good and valuable consideration, the parties hereto agree as follows:
The terms defined herein shall have, for all purposes of this agreement, the following meanings, unless the context expressly or by necessary
implication otherwise requires:
“Property” means the property contained therein shipped by or on behalf of the Customer to SGBoxStorage,
which Property is to be dealt with by the SGBoxStorage as set forth herein.
“Quotation” means the quotation issued by SGBoxStorage that have been accepted by the Customer.
The following capitalized terms shall have the meaning ascribed to them in the Quotation: “Customer”; Start Date; End Date.
Monthly Fee; Initial Payment; Handling and Administrative Fee. Once the Quotation is accepted it shall be read with and construed with together
with the terms and conditions herein, and in particular, references herein to the term “Agreement”, and all other instruments and documents
executed thereunder or pursuant thereto, shall for all purposes refer to these terms and conditions incorporating and as supplemented by the
- STORAGE OF PROPERTY
1.1 The Term of this Agreement shall commence on the Start Date hereof and shall, subject to its renewal as hereinafter set forth, end on the End Date. The Customer may, subject to agreement by SGBoxStorage, extend the Term on the same terms and conditions as set forth herein.
- MONTHLY FEES
2.1. The Customer shall pay SGBoxStorage the Monthly Fees for each calendar month the Property is stored by SGBoxStorage
2.2. Unless otherwise stipulated in this Agreement the Initial Payment shall be payable immediately by way of cash, cheque or internet transfer upon the Customer accepting the Quotation. The Initial Payment paid by the Customer will be applied towards Monthly Fees
that first accrue.
2.3. The Monthly Fees shall be paid on or 7 days before the next monthly subscription. It shall be the Customer’s responsibility to ensure that all Monthly Fees are paid on time regardless of whether or not SGBoxStorage issues a reminder.
2.4. There shall be no pro-rated rates, In the event of the termination of this Agreement prior to the completion of a calendar month.
- PAYMENT MODE & POLICY
3.1. Any late payment by the Customer shall accrue a one-time late payment fee of $30 per month compounded on a monthly basis until all such sums are fully paid.
3.2. All payments due and owing by the customer to the Company for services rendered shall be made free of any restrictions or condition and without any deduction or withholding, whether by way of set-off (legal and/or equitable) or otherwise.
3.3. Notwithstanding any other term in this Agreement, in the event any portion of the Monthly Fees remain overdue for more than 30 days, SGBoxStorage shall be entitled to:
a. Unilaterally terminate the Agreement; and/or
b. Dispose of the Property at the Customer’s cost and expense.
5.5. For the avoidance of doubt, Clause 3.1 to 3.3 survives the termination of the Agreement.
- ACCESSING PREMISES AND RETRIEVAL OF PROPERTY DURING THE TERM
4.1. The Customer may access to inspect or to retrieve items with the approval of SGBoxStorage with 2 weeks’ notice, It will be subject to the availability of staff to oversee the operation. An entry fee of $100.00 will be required for each entry, one staff will be on-site to assist with the inspection or retrieval of goods. In the event, where more than one staff will be required, an additional $100.00 per manpower will be required.
- THE PROPERTY
5.1. The Customer warrants that the Customer is the owner of the Property.
5.2. Unless otherwise agreed to in writing, the Customer undertakes to ensure that none of the Property are dangerous or hazardous items, items with a value above $20000, as well as any of the items listed below:-
“Antiques, paintings, sculpture, works of arts, bulk cargo, bag cargo(unless in the containers), branded/boutiques, designer goods and watches, cash, gold, bullion, negotiable instruments, jewelry, precious metals, ceramics, porcelain, pottery, sanitary ware, tiles, lightings, mirrors, cigarettes, tobacco, containers as cargo, electronics/semi- conductor components, frozen food, cargo requiring refrigeration, liquor, livestock, military, equipment/ ammunition explosives, logs, plywood, timber, vehicle, raw cotton and asbestos.”
5.3. Unless otherwise stipulated, the SGBoxStorage will not be liable for any loss or damages to items as set out in Clause 5.2.
5.4. The Customer further warrants that the Property are not stolen items, illegal items, illegal drugs, dangerous chemicals, liquor, wine perishable items, plants, counterfeit goods or of any nature contrary to Singapore law.
5.5. Unless explicitly agreed to in writing, the Parties agrees that the Customer shall be liable for any loss or damage that may arise in the event the storage of any dangerous or hazardous of Property by SGBoxStorage results in any loss or damage.
- RISK, INSURANCE, AND EXCLUSION OF LIABILITY
6.1. All risk with respect to loss or damage to the Property shall remain with the Customer, and the Customer shall obtain and maintain such insurance coverage in respect of the Property against such risks as it shall, within its sole discretion, deem necessary.
6.2. SGBoxStorage shall not be liable for any lost or damage to Property through the negligence of SGBoxStorage, its agents or servants.
6.3. Unless otherwise set out in this Agreement, Parties agree that SGBoxStorage will not be responsible for any loss or damages caused by it, its employees, or agents to any Property stored and/or moved by SGBoxStorage and any loss or damage that may arise out of or in connection to the Property.
6.4. For the avoidance of doubt, Parties agree that SGBoxStorage shall not be liable for any loss or damage as set out even if it’s agents have been
negligent in any way.
6.5. SGBoxStorage shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its
obligations under this Agreement which results from circumstances beyond its reasonable control. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or arrest or seizure or confiscation of items/goods by competent authorities. If this happens, SGBoxStorage will not be responsible for failing to allow access to your Property for so long as the circumstances continue. SGBoxStorage shall however use reasonable endeavors to minimize any effects arising from such circumstances
7.1. Unless renewed, this Agreement terminates at the end of the Term.
7.2. SGBoxStorage may in its sole discretion, terminate this Agreement, upon SGBoxStorage giving 1 months’ notice to the Customer in the manner set out in this Agreement.
7.3. The Customer shall ensure that the Property is removed from the Premises at the end of the Term and/or on or before the time the Agreement is terminated. The Customer shall also ensure that any outstanding sums of monies owing to SGBoxStorage are paid within 7 days of the Agreement being terminated.
7.4. SGBoxStorage is at liberty to dispose at the cost and expense of the Customer any Property that in the Premises after the Termination date without further reference to the Customer.
7.5. Termination of this Agreement shall be without prejudice to any rights accrued prior to such termination which any Party may have arising out of this Agreement.
8.1. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
8.2. The headings contained herein are included solely for convenience, are not intended to be full or accurate descriptions of the content thereof and shall not be considered part of this Agreement.
8.3. No waiver by any party or any breach by any other party of its covenants, obligations and agreements hereunder shall not be a waiver of any subsequent breach of any other covenant, obligation or agreement, nor shall any forbearance to seek a remedy for any breach be a waiver of any rights or remedies with respect to such or any subsequent breach.
8.4. Each provision of this Agreement is severable and distinct from the others. The Parties hereto intend that each provision shall be and remain valid and enforceable to the fullest extent permitted by law. In the event that any provision (for any reason) is or becomes to any extent whatsoever invalid, illegal or not enforceable at law, it shall to that extent be deemed not to form part of this Agreement but, save for the aforementioned limitation, it will continue to remain in full force and effect. All other provisions of this Agreement shall remain in full force and effect save where the operation of any such clause would negate the commercial intent or purpose of the Parties hereto.
8.5. Unless expressly provided to the contrary in this Agreement, a person who is not a party has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or to enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement the consent of any third party is not required for any variation (including any release or compromise of any liability under) or termination of this Agreement.
8.6. The Parties expressly acknowledge that they have read this Agreement and understood its provisions. The Parties agree that this Agreement and its subsequent terms, conditions and variations constitute the entire agreement between them with respect to the subject matter of this Agreement and that it supersedes all prior or contemporaneous proposals, agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between the Parties prior to this Agreement in respect of the matters dealt with in it. No promise, inducement, representation or agreement other than as expressly set forth in this Agreement has been made to or by the Parties.
8.7. The Customer agrees to pay SGBoxStorage for all legal costs arising out of and/or in connection with the enforcement of this Agreement. The Customer further irrevocably agree that service of any notice or originating process or legal process relating to this Agreement shall be deemed to be served if sent in the manner set out in Clause 10 above. For the avoidance of doubt, this Clause shall not affect the right of Parties to serve any notice relating to Agreement by registered post to the addresses set out above or to serve any originating process or legal process relating to this Agreement in any other manner permitted by law. For the avoidance of doubt, this Clause shall survive the termination of this Agreement.
8.8. This Agreement shall be governed by and interpreted in accordance with the law of the Republic of Singapore. Any claim, dispute or difference arising out of or in connection with this Agreement shall be decided by the Singapore courts, to whose exclusive jurisdiction the Parties hereby irrevocably submit.
8.9. Parties agree that, any dispute within the maximum statutory limit of the Small Claims Tribunal of the State Courts of Singapore arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the Small Claims Tribunal of the State Courts of Singapore, which rules are where appropriate deemed to be incorporated by reference in this clause
9. RIGHT TO WITHHOLD, SELL, DISPOSE
9.1 The User acknowledges and agrees that SGBOXSTORAGE shall be authorized without notice, and without approval from the User to seize, sell, and/or dispose of any of the User’s items in the Storage Facility under the following conditions:
a. The Customer has not made full payment of any fees and/or charges in accordance to Clause 9.6;
b. The User’s Agreement is terminated in accordance with Clause 11, and the User fails to make arrangements for the return delivery of the User’s Items within 30 (thirty) calendar days of the last billing cycle prior to the termination of the Agreement.
9.2 SGBOXSTORAGE shall inform the User within 14 (FOURTEEN) calendar days, requiring the User to arrange for a return delivery, or re-delivery of the User’s Items. If the User fails to have the User’s items completely removed from SGBOXSTORAGE’S Storage Facility after the 14 day notice period, SGBOXSTORAGE may dispose and/or sell some or all of the User’s items by sale or otherwise. The User shall be responsible for all transport, storage charges, selling charges, disposal charges and other associated costs reasonably incurred by SGBOXSTORAGE while their items are being withheld or disposed of.
9.3 SGBOXSTORAGE, without any explanation, shall have the sole discretion to determine the sale prices of the User’s Items. If SGBOXSTORAGE determines that the User’s Items cannot be sold for a reasonable price or at all for whatsoever reason(s), or despite SGBOXSTORAGE reasonable efforts, the User’s Items remain unsold, the User agrees that SGBOXSTORAGE, without any approval required from the User, shall treat the User’s items as abandoned and to destroy or otherwise dispose of the User’s items. The User shall be responsible for all costs incurred by SGBOXSTORAGE in the disposal or sale of items, including a SGBOXSTORAGE administrative sale or disposal fee of SGD 150.00.