GENERAL CONDITIONS
The CLIENT acknowledges that it understands and accepts the following terms and conditions under which BOX2BOX will provide the deposit service:
Warehouse Location (hereinafter "LOCATION"): Any of BOX2BOX's facilities in Mexico City, Queretaro, _______________.
FIRST
BOX2BOX receives from the CUSTOMER the goods referred to in ANNEX 1 (hereinafter "GOODS").
SECOND
The CUSTOMER authorizes BOX2BOX to transport the GOODS to the aforementioned warehouse location, where they will be stored while providing the deposit service.
THIRD
The CLIENT represents that it has legal ownership or possession of the GOODS, as well as that they are legitimate in terms of the legislation in force in the United Mexican States, and therefore releases BOX2BOX and its agents from any legal liability arising from the storage of such goods during the provision of the service.
Likewise, the CUSTOMER declares that the PROPERTY does not include debt instruments, executive titles, or documents that accrue interest, dangerous materials, fuel, inflammable, toxic materials, garbage, waste, controlled substances, goods whose commercialization flammable materials, toxic materials, garbage, waste, controlled substances, goods whose commercialization, possession, transportation and/or storage requires a special permit, weapons, firearms, etc., among other goods, possession, transportation and/or storage requires a special permit, firearms, bladed weapons, goods that have been used to commit a crime, goods that give off odors, liquids, edible articles, food, perishable goods, plants, living beings, fungi, bacteria, microorganisms, goods that have been introduced into the national territory illegally, or goods that the CUSTOMER is prevented by court order to deliver in deposit.
FOURTH
The CUSTOMER acknowledges that BOX2BOX did not conduct a detailed review of the GOODS to verify the veracity of the inventory indicated in ANNEX 1, BOX2BOX shall therefore only be responsible for the safekeeping of those goods described in ANNEX 1 and which have actually been received by BOX2BOX.
FIFTH
The CUSTOMER represents that none of the GOODS require special care, therefore, all of them may remain within the LOCATION without needing BOX2BOX to provide special care or attention.
SIXTH
The CLIENT undertakes to pay BOX2BOX the price indicated on the face of this document at the agreed intervals, during the provision of the deposit service. In case of default in payments, the CUSTOMER undertakes to pay BOX2BOX default interest at the rate of 4% (four percent) per month applied to the unpaid balance of the deposit.
SEVENTH
The CLIENT pledges the GOODS as security for the performance of its obligations in favor of BOX2BOX under this agreement.
EIGHTH
The CUSTOMER may request BOX2BOX to return the GOODS 30 calendar days in advance, indicating the address to which they are to be delivered by BOX2BOX, in which case the CUSTOMER shall be responsible for receiving the GOODS at such place. In such cases, BOX2BOX, within 3 calendar days following the request, shall inform the CUSTOMER of the cost of the service for the return of the goods, which must be paid within 3 calendar days following such report, otherwise, it shall be understood that the CUSTOMER has withdrawn its request for the home delivery service and, therefore, the CUSTOMER shall be obliged to pay the cost of returning the goods, whereby the CUSTOMER shall be obliged to collect the GOODS at the PREMISES. Once payment has been made for the home delivery service, BOX2BOX shall inform the CUSTOMER of the date and time of delivery within the following 2 days.
NINTH
BOX2BOX shall not be liable for any deterioration or impairment of the GOODS as a result of natural disasters (i.e. earthquakes, fires, etc.) or acts of God (i.e. armed attacks, etc.).
In the event that the CUSTOMER requests the return of the GOODS and does not appear at the PREMISES to collect them on the day and at the time indicated by BOX2BOX,
it shall be understood that the CUSTOMER wishes to continue with the provision of the deposit service.
In the event that the CUSTOMER requests BOX2BOX to provide the home return service and BOX2BOX's agents are not attended by the CUSTOMER at the place of delivery, prior notice from BOX2BOX to the customer and subsequent waiting time of 15 minutes, it shall be understood that the CUSTOMER wishes the deposit service to continue and therefore the GOODS shall be returned to the PREMISES and a charge for unloading shall be generated equivalent to the charge generated by the home return service, which must be paid by the CUSTOMER within 10 calendar days following the event.
TENTH
The CUSTOMER agrees that the minimum period of stay is 3 (three) months, unless an AGREEMENT has been reached for a shorter period, which will only be valid if signed by BOX2BOX and the CUSTOMER. In the event that THE CUSTOMER requests the return of its goods before the minimum stay of 3 (three) months, it will be penalized, and must pay in full for the missing months in addition to the cost of transportation as determined by BOX2BOX.
BOX2BOX may terminate the provision of the service at any time, in which case it shall notify the CLIENT 15 days in advance so that the CLIENT may indicate, within a period of 3 business days, the place where BOX2BOX will deliver the goods (home delivery service), under the terms set forth in the preceding paragraph.
The CUSTOMER agrees to pay BOX2BOX $500.00 MXN (SIGNAL PAYMENT) at the time of requesting the service, which must be paid by debit/credit card or bank transfer, the latter as long as it is indicated by BOX2BOX.
Regarding transportation, the CUSTOMER must provide BOX2BOX and its representatives with a list of the items, furniture, merchandise and/or household goods. It is also suggested that THE CUSTOMER send photographic evidence of the objects, so that BOX2BOX and its TRANSPORTATION TEAM may determine the UNIT to be used to move the goods from the CUSTOMER's location to BOX2BOX's facilities. All of the foregoing in order to perform the service successfully. In the event that the CUSTOMER begins to add items without prior notification, BOX2BOX is fully entitled to a.) cancel the service, or b.) request an additional support unit, which will be charged to the customer in full. In case the customer chooses option "a.)", the payment of the SIGNAL ($500.00 MXN) will not be reimbursed to the CUSTOMER and automatically releases BOX2BOX from all responsibility.
THE CUSTOMER must pay in full the transportation agreed with BOX2BOX on the day on which the pickup is made, as well as the monthly payment at the corresponding rate or plan on the day on which the service is provided. For the payment of monthly fees, THE CUSTOMER agrees to pay in full the monthly fee due on the day of the month indicated. Failure to pay on time is subject to payment of default interest of 4%, which will be executed after two (2) weeks of non-payment. For the return of the goods, the CUSTOMER must be up to date with 100% of its payments, as well as pay with 24 hours of advance the transportation fee agreed and accepted in the mail of the service REQUEST.
In the event that the CUSTOMER does not indicate the place where it will receive the GOODS from BOX2BOX within the aforementioned term, or in the event that the GOODS are not received by the CUSTOMER at the place and on the dates agreed, an extraordinary charge for permanence equivalent to 100% (one hundred percent) of the consideration initially agreed for the deposit of the GOODS shall be generated, which shall be generated with the same periodicity as that agreed for such initial consideration, and shall also be additional to the same. Likewise, in such event, the parties agree that in such case it shall be understood that the CUSTOMER has abandoned the GOODS, for which reason they shall be considered as worthless goods in terms of the provisions of Article 774 of the Federal Civil Code and its equivalents in the States, empowering BOX2BOX to consign them to the corresponding authority. The foregoing shall not release the CUSTOMER from its obligation to pay the deposit service until the date on which the GOODS have been consigned by BOX2BOX to the corresponding authorities.
ELEVENTH
The CUSTOMER authorizes BOX2BOX to move the GOODS out of the location in cases of fortuitous events or force majeure (i.e. fire or natural disasters), provided that, in the opinion of BOX2BOX and its agents, it is necessary to do so in order to safeguard them.
TWELFTH
The CLIENT undertakes to indemnify BOX2BOX for any expenses incurred as a result of any litigation brought by third parties against BOX2BOX and/or its agents arising from the possession of the GOODS.
THIRTEENTH
BOX2BOX undertakes to preserve the GOODS, and shall therefore be liable, in addition to any compensation that the CUSTOMER may be entitled to receive from an insurance company holding an insurance policy, for any damage or loss caused as a result of negligence. In such a case, BOX2BOX shall immediately inform the CUSTOMER. In this case, the CUSTOMER shall inform BOX2BOX if it has a policy covering the damage suffered.
In the case of GOODS marked as "fragile" in ANNEX 1, BOX2BOX shall not be liable for any damage or loss suffered.
In addition, BOX2BOX will have an insurance policy that will cover damages and/or destruction of the goods, for an amount of up to $60,000.00 MXN (sixty thousand pesos 00/100), therefore any compensation to the CUSTOMER for an event of this nature will be subsidiary to the indemnification of the CUSTOMER, shall be subsidiary to the indemnity received for the payment of such policy.
FOURTEENTH
The CUSTOMER acknowledges that for security reasons it will not be able to access the PREMISES during the provision of the deposit service; however, it may request from BOX2BOX, up to once a month, photographic evidence of the condition of the GOODS, in which case BOX2BOX shall have 5 calendar days to obtain and deliver the photographic material. In the event of requesting such photographic evidence service, BOX2BOX shall inform the CUSTOMER, within 2 calendar days following the request, of the cost of the service, in which case the CUSTOMER shall pay BOX2BOX the amount within 2 calendar days following such report, otherwise the request shall be considered cancelled.
FIFTEENTH
The parties agree to treat as confidential information any information exchanged as a consequence of the provision of the deposit service and, therefore, to refrain from disclosing it to third parties without prior written authorization from the affected party.
Likewise, BOX2BOX undertakes to adopt the necessary measures to safeguard the personal data of the CLIENT.
SIXTEENTH
The CLIENT authorizes BOX2BOX to send any notification or communication related to this document to the e-mail address indicated on the cover page of this document.
SEVENTEENTH
The parties expressly submit to the jurisdiction and competence of the courts of Mexico City, waiving any other jurisdiction that may correspond to them. For the interpretation of this document, the parties agree to refer to the applicable legislation in Mexico City.
EIGHTEENTH
The CUSTOMER acknowledges that BOX2BOX provided a copy of this document.