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General conditions
I.- "BOX2BOX" declares, through its representative:
II.- "THE CLIENT" declares on his own behalf and under oath to tell the truth:
By virtue of the above declarations, THE PARTIES agree to be bound under the terms of the following:
By virtue of this contract, "BOX2BOX" will provide "THE CLIENT" with the service of deposit of movable property in its facilities (warehouses) located at CARRETERA ESTATAL TEQUISQUIAPAN 200 KM, GLOBAL PARK, EL MARQUES, QRO, 26246, where they will remain safeguarded during the time the deposit lasts, for which "THE CLIENT" accepts that his property subject to this contract be deposited and safeguarded by "BOX2BOX" in its facilities mentioned in the previous paragraph.
"THE CLIENT" is obligated to pay "BOX2BOX" the amount AGREED FOR THE CONTRACTED SQUARE METERS, monthly, for the provision of the GOODS deposit service, object of this contract; in addition to covering twenty-four hours in advance THE SIGNAL PAYMENT, whose cost is $500.00 (Five Hundred Pesos 00/100 MN) which originates from the contracting of the service.
The payment of the DEPOSIT SERVICE and the payment of TRANSPORTATION must be made by "THE CLIENT" at the time this contract is signed, either in cash or with a credit or debit card, and only in exceptional cases, the payment may be made by electronic transfer to the bank account indicated below, in which case he is obligated to deliver to "BOX2BOX" the corresponding receipt, in order to validate said payment and, if applicable, issue the corresponding invoice.
BANK: BBVA MEXICO, S.A.
ACCOUNT HOLDER: GRUPO BOX2BOX MEXSTORANGE, S.A.P.I. DE C.V.
ACCOUNT NUMBER: 0120332984
INTERBANK CLABE: 012180001203329848
In case of non-compliance with punctual payment, "THE CLIENT is obligated to pay "BOX2BOX" default interest at a rate of 4% (four percent) monthly on outstanding balances.
Every month of deposit is mandatory for "THE CLIENT", obligating himself to pay it in full even when the deposit of his GOODS lasts a day or part of the month.
In the event that "THE CLIENT" fails to comply with the payments to which he is obligated according to the SECOND CLAUSE or refuses to pay the generated debt or refuses to withdraw or abandons his GOODS, HE EXPRESSLY AUTHORIZES "BOX2BOX" to evict and/or remove the GOODS from the facilities where they are deposited, for which "THE CLIENT" has a maximum period of ten calendar days counted from the receipt of the notification and/or notice sent to his email, to appear to pay the amount owed, the default interest generated to that date, any other amount owed, as well as to withdraw his GOODS; otherwise, from the eleventh day "BOX2BOX" can freely dispose of the GOODS without any responsibility, with the understanding that it can sell them, discard them (throw them in the trash), donate them or destroy them, whatever is most convenient to its interests.
The duration of this property deposit contract shall be three months mandatory for "THE CLIENT", and said term may be extended as many times as necessary by prior written agreement between "THE PARTIES", provided that "THE CLIENT" is up to date with the payment of his monthly fees.
"THE CLIENT" agrees and authorizes "BOX2BOX" to transfer the GOODS subject to deposit to the facilities designated for such purpose, which are mentioned in the first clause of this instrument.
"THE CLIENT" acknowledges that the "GOODS" subject to deposit are his legitimate property and of legal origin, so he can freely dispose of them, by virtue of the fact that they do not have and/or are not subject to limitation or restriction by any authority, for which he releases "BOX2BOX", as well as its shareholders, directors, managers, employees and factors, from any civil, administrative, fiscal or criminal liability.
Similarly, "THE CLIENT" acknowledges that among the GOODS subject to deposit there are no credit instruments, executive titles, securities or documents that accrue interest, nor dangerous materials, flammable materials, toxic materials, garbage, waste, drugs, narcotics, prohibited and/or controlled substances, in any form or presentation, nor are there goods whose commercialization, possession, transport 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 CLIENT" is prevented by judicial mandate from delivering on deposit.
"THE CLIENT" acknowledges that "BOX2BOX" at the time of receiving the GOODS did not carry out a detailed review of them that would allow verifying the veracity of the inventory indicated in ANNEX 1, for which "BOX2BOX" will only be responsible for the safekeeping of those goods expressly described in the referred ANNEX 1 and that have been effectively reviewed and received by "BOX2BOX".
"THE CLIENT" agrees that "BOX2BOX" can make use of x-rays, detector dogs, metal detectors or any other means it uses for review and adequate safekeeping of the GOODS, validating within its possibilities and attending to secrecy, that among the GOODS delivered for deposit there is no illegal GOOD of those indicated in the second paragraph of the previous clause that puts at risk the security of "BOX2BOX", of the facilities and/or its workers.
Derived from the review carried out by "BOX2BOX", if it finds any of the GOODS described in the second paragraph of the previous clause, it will be empowered to notify the corresponding authorities and, if necessary, open the packages where the GOODS are stored, in order for them to be subjected to a thorough review, without the need to have the authorization and/or presence of "THE CLIENT".
"THE CLIENT" states that none of the GOODS deposited requires special care, so said GOODS can remain within the assigned warehouse without the need for "BOX2BOX" to provide special care or attention, which is why "BOX2BOX" is released from any claim for damages and/or losses.
"THE CLIENT" constitutes a pledge guarantee on the GOODS deposited as a guarantee of the fulfillment of his obligations in favor of "BOX2BOX", contracted under this document, so in case of non-compliance with the payment obligation or withdrawal of the GOODS after the conclusion of the term of validity of this contract, "BOX2BOX" may execute the pledge guarantee by putting it up for sale and with the resulting product cover first the generated default interest; secondly, cover the general and legal expenses that originate due to the transfer and/or eviction of the goods and thirdly, cover the debt generated by the non-compliance of "THE CLIENT".
Prior to the termination of the mandatory term of this contract, "THE CLIENT" may request "BOX2BOX" for the return and/or withdrawal of his GOODS, with FIFTEEN calendar days in advance of the date indicated for the withdrawal, indicating the address, day and time at which they should be delivered by "BOX2BOX", in which case the "CLIENT" is obligated to personally receive the GOODS.
Once the request for home delivery of GOODS has been received, "BOX2BOX" will have THREE calendar days to inform "THE CLIENT" of the cost of the home delivery service of GOODS, whose cost must be covered by "THE CLIENT" within the following THREE days, otherwise it will be understood that "THE CLIENT" has canceled his request for home delivery service; consequently, he is obligated to collect the GOODS at the LOCATION where they remain deposited after payment for the service provided; once the debt has been covered, "BOX2BOX" will notify "THE CLIENT" of the date and time of delivery of the GOODS.
In the event that "THE CLIENT" does not come to collect his GOODS, "BOX2BOX" is free to proceed in accordance with what is established in the final part of the third clause of this contract.
"THE CLIENT" agrees and accepts that "BOX2BOX" will not be responsible for the deterioration or impairment suffered by the GOODS, derived from natural disasters (earthquakes, earthquakes, fires, etc.) or fortuitous cases (armed attacks, rebellion).
In the event that "THE CLIENT" requests the return of the GOODS and does not appear at the LOCATION to withdraw them on the day and time indicated by "BOX2BOX", it will be understood that it is his desire to continue with the deposit service, so the GOODS will be returned again to the LOCATION, which will generate an additional unloading charge equivalent to the amount for the provision of the home return service, a cost that must be covered by "THE CLIENT" within TWO calendar days after such event occurs.
If "THE CLIENT" fails to pay for the service mentioned in the previous paragraph, "BOX2BOX" may terminate this contract in advance, in which case it will notify "THE CLIENT" via email with FIVE calendar days in advance for him to cover the existing debt to that date, as well as the default interest and a conventional penalty equivalent to the monthly amount of the deposit service and withdraw his GOODS, so in case of not paying and not withdrawing his GOODS, BOX2BOX, may proceed without any responsibility to sell them, discard them (throw them in the trash), donate them or destroy them, whatever is most convenient to its interests, in addition to "THE CLIENT" being reported to the Credit Bureau, as a delinquent debtor.
"THE CLIENT" accepts and is obligated to pay "BOX2BOX" at the time of requesting the service the amount of $500.00 (Five Hundred Pesos 00/100 MN) for the concept of SIGNAL PAYMENT, which for no reason will be refunded; said payment must be made in cash or with a credit or debit card.
In relation to the transport for the transfer of the GOODS, "THE CLIENT" must deliver to "BOX2BOX" a list of all the GOODS that will be deposited; he must also deliver photographic evidence of all the GOODS deposited, so that "BOX2BOX" can determine the TRANSPORT UNIT that will be used to transfer said GOODS from the location of "THE CLIENT" to the facilities of "BOX2BOX"; the above in order to perform the service satisfactorily.
In the event that "THE CLIENT" adds more GOODS than those indicated, without prior notice, "BOX2BOX" is empowered to i) cancel the service, ii)) request another support transport unit, which will be charged to "THE CLIENT" in its entirety according to the price agreed for the initial service.
"THE CLIENT" is obligated to pay the cost of transport agreed with "BOX2BOX", prior to the collection of the GOODS; he must also pay the amount of the rate or plan chosen and/or contracted; likewise, "THE CLIENT" commits to pay the totality of the monthly payment that corresponds to him, on the date that is indicated by "BOX2BOX"; in case of non-compliance, he is obligated to pay default interest at a rate of 4% (four percent) monthly on outstanding balances, which will be due ONE week after the non-compliance occurs.
For the return and/or delivery of the GOODS to proceed, "THE CLIENT" must be up to date with all his payments; in addition, he must settle with 24 (Twenty-four) hours in advance the total cost of transport.
In the event that "THE CLIENT" is not present to receive the GOODS at the agreed place, day and time, an extraordinary permanence cost will be generated, equivalent to the consideration agreed for the deposit of the GOODS, said extraordinary consideration will be generated with the same periodicity as the initial consideration, so both considerations are totally independent.
"THE CLIENT" accepts and authorizes "BOX2BOX" to conduct a credit investigation of his person, he also accepts that, in case of non-compliance with the payment of the deposit service, after FIFTEEN days of having been in default from the date of payment, he will be reported to the Credit Bureau as a delinquent debtor.
"THE CLIENT" authorizes "BOX2BOX" to move the GOODS outside the location originally designated for the deposit, in case of fortuitous event or force majeure (fire, earthquake, flood or any other natural disaster), provided that "BOX2BOX" and/or its agents, consider such change necessary to safeguard the integrity of the GOODS.
"THE CLIENT" is obligated to indemnify "BOX2BOX" for the expenses and attorney's fees in which it may incur, derived from any litigation undertaken by third parties against "BOX2BOX" and/or its agents, derived from the deposit of the GOODS.
"BOX2BOX" commits to preserve as much as possible the GOODS object of the deposit, for which it will respond in a subsidiary manner to any claim and indemnification that "THE CLIENT" has the right to receive from an Insurance Institution for having an insurance policy, that covers any damage or impairment caused by negligence of "BOX2BOX"; so in that case, "BOX2BOX" must immediately inform "THE CLIENT" about the incident or event occurred, for which "THE CLIENT" will be obligated to inform "BOX2BOX" if he has an insurance policy that covers the damages suffered in the GOODS.
In the case of GOODS that have been indicated as "fragile" in ANNEX 1, "BOX2BOX" will not be responsible for damages or impairment they may suffer; however, "BOX2BOX" has an insurance policy that covers damages and/or total or partial destruction of the GOODS deposited, up to an amount of $60,000.00 (Sixty Thousand Pesos 00/100 MN).
"THE CLIENT" acknowledges and accepts that for security reasons he will not be able to access the LOCATION where the GOODS are deposited, however, he may request from "BOX2BOX", once a month, photographic evidence of the physical state of the GOODS, in which case "BOX2BOX" will have FIVE calendar days to obtain and deliver the photographic material, which will have an extra cost, for which "BOX2BOX" will inform "THE CLIENT", the amount he must pay for said service within the TWO days following receipt of the notice by email, otherwise the request presented by "THE CLIENT" will be canceled.
"THE PARTIES" agree to treat as CONFIDENTIAL INFORMATION, any information they exchange as a consequence of the celebration of this contract, for which they must refrain from disclosing it to third parties without prior written authorization from the other party.
Likewise, "BOX2BOX" is obligated to take the necessary measures to safeguard the personal data of "THE CLIENT" in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties.
"THE CLIENT" authorizes "BOX2BOX" to make any notification or communication related to this contract to the email address indicated in section E of section II of declarations of this instrument.
For the interpretation and execution of this contract, "THE PARTIES" expressly submit to the laws and jurisdiction of the courts of Mexico City, waiving any other jurisdiction that might correspond to them by reason of their present or future domiciles or for any other cause.
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