TERMS AND CONDITIONS
The following terms and conditions apply to all agreements between AutoStorage Limited (hereby referred to “AutoStorage”, or the “Company”), a company registered in Hong Kong with business registration number 71920140 and located at DD119 LOT1276, PAK SHA TSUEN, YUEN LONG, N.T, HONG KONG; and each Client (as defined below).
“Agreement” refers to any agreement entered into between the Client and AutoStorage for the provision of Services, including but not limited to the Client Agreement and these terms and conditions;
“Client Agreement” refers to the agreement entered into between the Client and AutoStorage for the provision of Services, which shall contain the Client’s personal details and the details of their Vehicle(s);
“ArrDep Condition Form” refers to the form detailing the conditions of any Vehicle(s) received and/or delivered by AutoStorage in relation to the provision of Services;
“Client” refers to any person(s) or other entity entering into an Agreement with AutoStorage for the provision of Services;
“Multimedia Contents” refers to content forms, not limited to photographs and videos, taken of any Vehicle(s) by AutoStorage, which shall remain the property of AutoStorage at all times;
“Prices” refers to the monetary fees for Services provided by AutoStorage to the Client, as stated in the AutoStorage’s price list (as may be modified from time to time) or as agreed with the Client from time to time in writing;
“Services” refers to any services provided by AutoStorage to the Client, including but not limited to the storage of Vehicle(s); and
“Vehicle” refers to any car, motorcycle, or other means of conveyance belonging to or used by a Client and left on the premises of AutoStorage for the provision of Services.
AutoStorage’s main business is providing high-quality storage solutions for Vehicles. The storage process include, but is not limited to, Vehicle inspection, completion of the ArrDep Condition Form, collection of Multimedia Contents and other processes to prepare the Vehicles for storage.
AutoStorage reserves the right to amend the Client Agreement under circumstances which it deems applicable, which includes but not limited to, any changes in the details and conditions of the Vehicle, client’s request to substitute for an alternative Vehicle or the inclusion of additional Vehicles. Terms and Conditions will continue to apply, unless or until they are modified by AutoStorage and client will be informed in written manner within a reasonable timeframe.
AutoStorage may use subcontractors for the provision of some of its Services without prior notice to the Client.
Payments in respect of Services are payable by the Client with the first payment becoming due at the time of acceptance of the Client’s Vehicle for storage by AutoStorage. Payments for other Services requested by the Client shall be paid within 7 days of invoicing.
The Client agrees that he/she shall be responsible for insuring his/her own Vehicle. He/she is responsible for ensuring that his/her policy covers all risks incurred in putting his/her Vehicle into storage with AutoStorage. He/she is also responsible for any accidental or unintentional damages for other services. AutoStorage does not maintain an insurance policy for Vehicles in its storage.
LIMITATION OF LIABILITY
AutoStorage will not be liable for any direct or indirect loss caused to the Client, whether caused by its own negligence or the negligence of its employees or agents or third parties. Losses in relation to Vehicles include but are not limited to losses resulting from theft, fire damage or water damage. The Client is responsible for removing valuable items when putting his/her Vehicle into storage with AutoStorage. AutoStorage will not be liable for any direct or indirect to any items in the Vehicle.
AutoStorage shall not be under any obligations to the Client for any loss or damage suffered as a result of force majeure or as a result of matters outside the reasonable control of AutoStorage. In the event of damage or loss being alleged by the Client, the onus of proof shall be on the Client to show that such damage or loss has been caused by AutoStorage. The Client must notify AutoStorage upon collection, or else no liability will attach to AutoStorage for such damage. AutoStorage is not liable for damages during the delivery of the vehicle or any other times when the vehicle is not within the AutoStorage premises.
AutoStorage will inspect the vehicle and notify the Client of any damages to the best of its ability. However, AutoStorage shall have no responsibility to act on or report any defects, whether noticeable or not. AutoStorage will carry no liability for any damages or loss caused by any defects, including but not limited to mechanical and electrical, relating to the Client’s Vehicle. The Client shall not hold AutoStorage indemnified against any loss or liability whatsoever or howsoever caused arising out of damage caused by such defects in a Client’s Vehicle.
In case of any damages made by Client or third party to another parties’ property within the premises of AutoStorage. The Company will not be of any obligations for compensations or expenses involved and will merely act as a liaison partner in the claim process between the two parties.
AutoStorage will only provide services agreed with Client as per the Client Agreement and will not be liable for any damages incurred from the performance of such agreed activities.
COLLECTION OR DELIVERY
The Client may collect his/her Vehicle on giving AutoStorage a minimum 24 hours’ notice of his/her intention to do so, provided no outstanding payments are owed by the Client to AutoStorage. A charge may be made for collection outside the normal working hours of the facility, from time to time, at the hourly rate specified therein, in units of one hour, or at such other rate as agreed between AutoStorage and the Customer from time to time.
The Client may opt to have his/her Vehicle delivered from the facility to a specified location. Special arrangement and charges will be made depending on the distance and the time involved. AutoStorage will not be liable for any losses to the Client as a result of late or non-delivery, where AutoStorage shows that it has made considerable effort to comply with the Client’s request.
NON-PAYMENT FOR SERVICES
Any payment for Services that is overdue by more than 30 calendar days will incur an interest charge of 5% per annum calculated from the date the payment was due until payment or Order of the Court.
In the event of non-payment, AutoStorage may exercise a lien over any Vehicle or property in its possession or control, or the control of its sub-contractors, legally or beneficially owned by the Client or any person that the Client represents, and whether related to the amount outstanding or not. Such property shall be released only on payment of the amount due, together with the interest and any legal administrative costs which may have been incurred in recovering the amount due.
In the event that payments remain outstanding for 3 months or more, AutoStorage may consult advice from a legal institution and may sell the Vehicle and any other goods as set out above, and account to the Customer for any balance that may be due to him/her. If any balance is due to AutoStorage, this procedure shall not prejudice any right of recovery.
TERMS AND AMENDMENTS
Any Agreement shall have a minimum term of 5 business days (as part of the daily plan) and can be amended by AutoStorage at any time on 5 business days written notice to the Client. However, subject to such minimum term, AutoStorage or the Client may terminate the Agreement on notice of 5 business days in writing, and AutoStorage shall release the Vehicle to any person nominated by the Client, provided all sums due to AutoStorage have been paid in cleared funds. Where notice has been given under this clause, the Vehicle may be removed by the Client at any point during the notice period (24 hours prior notice shall have been given), provided that any sum due to AutoStorage, including payment for the notice period have been received in clear funds. When AutoStorage has terminated this Agreement the same applies, but if the Vehicle has not been removed by the end of the contract period, it must be removed within 48 hours, or AutoStorage shall be entitled to invoke the procedure set out above forthwith.
Although it is hoped that any disagreement between AutoStorage and the Client shall be resolved amicably, if it cannot, the Agreement shall be interpreted in accordance with the laws of Hong Kong whos’ court shall have exclusive jurisdiction in determining any question arising from it.
AutoStorage shall in no event be responsible for any delay or failure in performance of any obligations under an Agreement resulting from circumstances beyond its reasonable control.
AutoStorage reserves the right to vary these terms and conditions from time to time. The Client is advised to regularly check these terms and conditions for such variation and note the date last updated.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default. Failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
If any provision of these terms and conditions shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and remain enforceable between AutoStorage and the Client.
AutoStorage is an independent service provider for all purposes when carrying out our obligations under these terms and conditions. Nothing in these terms and conditions is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.
Notwithstanding any other provision in these terms and conditions, a person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to rely upon or enforce these terms and conditions. These terms and conditions constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
These terms and conditions and any dispute or claim arising out of or in connection with them shall be governed by the laws of Hong Kong. You and we both agree to submit to the non-exclusive jurisdiction of the Hong Kong courts and tribunals. Nothing in these terms and conditions seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer. .