Storage terms & Conditions
1. So long as all fees are paid up to date, Storer: (a) is licensed to store an approved boat, RV or trailer in the space reserved to Storer by NOAH’S LANDING ; (b) is deemed to have knowledge of the boat, RV or trailer, and any Stored items within the stored items in the reserved space; and (c) warrants that it is the owner of the boat, RV or trailer and all Stored items within in the reserved space and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
NOAH’S LANDING: (a) does not have and will not be deemed to have knowledge of the Stored items stored within the boat, RV or trailer; (b) is not a custodian nor a warehouseman of any boat, RV, or trailer or Stored items stored within and Storer acknowledges that NOAH’S LANDING does not take possession of the Stored items; and (c) does not grant any lease or tenancy of the reserved space.
Storer must pay the annual or monthly fee prior to signing this Agreement.
Storer is responsible to pay: (a) the Storage Fee payable in advance on the first day of each storage period (Due Date) and it is Storer's responsibility to see that payment is made directly to NOAH’S LANDING on time and in full throughout the period of storage. NOAH’S LANDING does not normally bill for fees. Any Storage Fees paid by direct transfer will not be credited to Storer’s account unless the Storer identifies the payment clearly and as directed by NOAH’S LANDING and NOAH’S LANDING shall have no liability to and shall be indemnified by Storer if NOAH’S LANDING takes steps to enforce the Agreement (including the sale of stored items) due to the Storer’s failure to identify a payment. NOAH’S LANDING will not accept that payment has been made until it has received cleared funds and, if any payment is later dishonored, may charge the Check Return Fee; (b) a Late Payment Fee each time a payment is late; (d) any costs incurred by the NOAH’S LANDING in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, reserved space inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; and (e) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where Storer has more than one agreement with NOAH’S LANDING, all will form one account with NOAH’S LANDING and NOAH’S LANDING may in its sole discretion elect to apply any payment made by or on behalf of Storer on this agreement against the oldest Debt due from Storer to NOAH’S LANDING on any agreement in the account.
DEFAULT – RIGHT TO SELL OR DISPOSE OF STORED ITEMS & STORED ITEMS:
NOAH’S LANDING takes the issue of prompt payment very seriously and has a right of lien. If any sum owing to NOAH’S LANDING is not paid when due, Storer authorizes NOAH’S LANDING without further notice to: (a) refuse Storer and its agents access to the stored items, the space and the Facility and change the lock code until the amount due and other fees related to its (Debt) have been paid in full; (b) enter the reserved space and inspect and/or remove the stored items to another site and to charge Storer for all reasonable costs of doing so on any number of occasions. Storer acknowledges that (a) NOAH’S LANDING shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the stored items are sold or disposed of; (b) NOAH’S LANDING will sell the stored items as if NOAH’S LANDING was the owner and will pass all rights of ownership of the stored items to the buyer; and (c) if Storer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Storer has received will be payable by Storer in full.
6 On expiry or termination of this Agreement, if Storer fails to remove all stored items from the reserved space, NOAH’S LANDING is authorized to treat the stored items as abandoned and may sell or dispose of all items by any means. Storer is liable for Storage Fees for the period from abandonment to the sale or disposal of the Stored items together with any costs of disposal (Debt).
Before NOAH’S LANDING sells or disposes of the stored items, it will give Storer notice in writing directing Storer to pay (if Storer is in default) or collect the Stored items (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by Storer to NOAH’S LANDING in writing or by email only if you have elected not to receive traditional mail. If no address within the US has been provided, NOAH’S LANDING will use any land or email address it holds for Storer and any ACP. If Storer fails to pay the Debt and/or collect the Stored items (as appropriate) NOAH’S LANDING will access your space and begin the process to sell or dispose of the Stored items. Storer consents to and authorizes the sale or disposal of all Stored items without further notice regardless of their nature or value. NOAH’S LANDING will sell the Stored items for the best price reasonably available in the open market, taking into account the costs of sale. NOAH’S LANDING may also require payment of default action costs, including any costs associated with accessing the Reserved space and disposal or sale of the Stored items, which shall be added to the Debt.
Sale proceeds will be applied first against the cost of removal and sale of Stored items and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, Storer must pay NOAH’S LANDING the balance within 7 days of a written demand from Noah’s Landing. NOAH’S LANDING may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from Storer, NOAH’S LANDING will hold the balance for Storer but no interest will accrue on it.
If, in the opinion of NOAH’S LANDING and entirely at the discretion of Noah’s Landing, a defaulting Storer’s items are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, Storer authorizes NOAH’S LANDING to treat the Stored items as abandoned and NOAH’S LANDING may dispose of all Stored items by any means at Storer’s cost. NOAH’S LANDING may dispose of Storer’s items in the event that Stored items are damaged due to fire, flood or other event that has rendered them, in the opinion of Noah’s Landing, severely damaged, of no commercial value, or dangerous to persons or property. NOAH’S LANDING does not need the prior approval of Storer to take this action but will send Notice to Storer within 7 days of assessing the Stored items
Any items left unattended in common areas or outside the Storer’s Reserved space at any time may at FO’s discretion be moved, sold or disposed of immediately with no liability to FO.
Storer has the right to access the Reserved space during Access Hours as posted by NOAH’S LANDING and subject to the terms of this Agreement. NOAH’S LANDING will try to provide advance warning of changes to Access Hours by notice at the Facility but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
Only Storer or others authorized or accompanied by Storer (its Agents) may access the Reserved space. Storer is responsible for and liable to NOAH’S LANDING and other users of the Facility for its own actions and those of its Agents. NOAH’S LANDING may (but is not obliged to) require proof of identity from Storer or any other person at any time and, at Noah’s Landing’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
NOAH’S LANDING may refuse Storer access to the Reserved space and/or the Facility where moneys are owing by Storer to Noah’s Landing, whether or not a formal demand for payment has been made, or if NOAH’S LANDING considers the safety or security of any person, reserved space or Stored items on or at the Facility has been threatened or may be put at risk.
Storer should not leave their entry code with or permit access to the Reserved space to any person other than its own Agent who is responsible to Storer and subject to its control. If Storer does so, it does so at its own risk.
Storer authorizes NOAH’S LANDING and its agents and contractors to enter the Reserved space in the following circumstances if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Reserved space or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or if NOAH’S LANDING believes the Reserved space is being used to store prohibited Stored items or for a prohibited purpose; or if NOAH’S LANDING is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Stored items or exercise FO’s lien or power of sale or disposal in accordance with this Agreement.
16 NOAH’S LANDING will not be responsible for locking any unlocked boat or trailer compartments or space.
Storer must not store (or allow any other person to store) any of the following in the Reserved space: (a) food or perishable Stored items unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odors; (g) any illegal item or substances or Stored items illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe Stored items (such as toys, electrical Stored items, medicines, aerosols, cosmetics, fireworks); (h) Stored items which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to the Storer cannot be assessed on a financial basis.
Storer will use the Reserved space solely for the purpose of storing boats and trailers and shall not (or allow any other person to): (a) use the Reserved space as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Reserved space which may be a nuisance to NOAH’S LANDING or any other person (including the escape of any substance or odor from or generation of noise or vibration which may be heard or felt outside the Reserved space); (c) use or do anything at the Facility or in the Reserved space which may invalidate or increase premiums under any insurance policies of NOAH’S LANDING or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Reserved space; (e) connect or provide any utilities or services to the Reserved space unless authorized by Noah’s Landing; or (f) cause damage to the Reserved space or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Facility.
Storer must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other reserved space in use, inform NOAH’S LANDING of any damage or defect immediately it is discovered and comply with the reasonable directions of FO’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as NOAH’S LANDING shall issue periodically.
This Agreement does not confer on Storer any right to exclusive possession of the Reserved space and NOAH’S LANDING reserves the right to relocate Storer to another Reserved space not smaller than the current Reserved space (a) by giving 14 days’ notice during which the Storer can elect to terminate their agreement or (b) on shorter notice if an incident occurs that requires the Reserved space or section where it is located to be closed or sealed off. In these circumstances, NOAH’S LANDING will pay Storer’s reasonable costs of removal if approved in writing by NOAH’S LANDING in advance of removal. If Storer does not arrange removal by the date specified in FO’s notice, then Storer authorizes NOAH’S LANDING and its agents to enter Reserved space acting as Storer’s agents and at Storer’s risk (except for damage caused willfully or negligently which is subject to the limitations in Condition 26) remove the Stored items. Following removal this agreement will be varied by substitution of the new Reserved space number but otherwise continues in full force and effect at the rate in force for the original Reserved space at the time of the removal.
22 Storer must ensure the Reserved space is suitable for the storage of the Stored items intended to be stored in it and is advised to inspect the Reserved space before storing Stored items and periodically during the storage period. NOAH’S LANDING makes no warranty or representation that any reserved space is suitable for any particular Stored items and accepts no liability in this regard.
23 NOAH’S LANDING may refuse to permit Storer to store any Stored items or require Storer to collect any Stored items if in its opinion storage of such Stored items creates a risk to the safety of any person or property.
24 Storer must give Notice to the NOAH’S LANDING in writing of the change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change. Storer agrees NOAH’S LANDING is entitled to discuss any default by the Storer with the ACP registered on the front of this Agreement.
RISK AND RESPONSIBILITY:
NOAH’S LANDING will not be liable for any loss or damages suffered by Storer resulting from an inability to access the Facility or the Reserved space, regardless of the cause.
The Stored items are stored at the sole risk and responsibility of Storer who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Stored items caused by any reason. NOAH’S LANDING excludes all liability in respect of (a) loss or damage to Storer’s business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Stored items or any claim for return of the Storage Fees except where this results from negligence or breach of contract, in which case liability will be limited to the sum of $100 in total. NOAH’S LANDING does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or willful default on the part of Noah’s Landing, its agents and/or employees.
27 NOAH’S LANDING does not insure the Stored items and it is a condition of this Agreement that the Stored items remain insured at all times while they are in storage against all Normal Perils for their Replacement Value (as set out on the cover sheet). Storer warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Stored items in the Reserved space from time to time will not exceed the Replacement Value. NOAH’S LANDING does not give any advice concerning insurance cover given by any policy and Storer must make its own judgment as to adequacy of cover even when facilitated by Noah’s Landing. Inspection of any insurance documents provided by Storer to demonstrate cover does not mean NOAH’S LANDING has approved the cover or confirmed it is sufficient.
Storer will be liable for and compensate NOAH’S LANDING for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by NOAH’S LANDING or third parties (Liabilities) resulting from or incidental to (a) the use of the Reserved space (including but not limited to the ownership or storage of Stored items in the Reserved space, the Stored items themselves and/or accessing the Facility) or (b) breach of this Agreement by Storer or any of its Agents or (c) enforcement of any of the terms of this Agreement.
Storer acknowledges and agrees to comply with this Agreement and all relevant laws and regulations as are or may be applicable to the use of the Reserved space. This includes laws relating to the material which is stored and the manner in which it is stored. Liability for any and all breach of such laws rests absolutely with Storer, and includes any and all Liabilities resulting from such a breach.
If NOAH’S LANDING has reason to believe that Storer is not complying with all relevant laws NOAH’S LANDING may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 15 and 35, contacting, cooperating with and/or submitting Stored items to the relevant authorities, and/or immediately disposing of or removing the Stored items at Storer’s expense. Storer agrees that NOAH’S LANDING may take such action at any time even though NOAH’S LANDING could have acted earlier.
In respect of circumstances outside FO’s reasonable control, NOAH’S LANDING 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 or any resulting loss or damage to Stored items. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labor disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labor, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any reserved space including the Reserved space or the Facility by, or arrest or seizure or confiscation of Stored items by, competent authorities. If this happens, NOAH’S LANDING will not be responsible for failing to allow access to the Stored items, Reserved space and/or the Facility for so long as the circumstances continue. NOAH’S LANDING will try to minimize any effects arising from such circumstances.
Notices to be given by NOAH’S LANDING or Storer must be in writing and must either be delivered by hand or sent via email to email@example.com. NOAH’S LANDING may also give Notice to Storer by SMS or email if Storer has elected to receive correspondence this way. Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or SMS or 48 hours after posting. Notices from NOAH’S LANDING to
Either party may terminate this Agreement by giving the other party Notice of the Termination Date 30 days in advance. In the event of illegal or environmentally harmful activities on the part of the Storer or a breach of this Agreement (which, if it can be put right, Storer has failed to put right within 14 days of notice from NOAH’S LANDING to do so), NOAH’S LANDING may terminate the Agreement immediately by Notice. NOAH’S LANDING is entitled to retain from the Deposit, or make a charge for, apportioned Storage Fees if less than the requisite Notice is given by Storer. Storer must remove all Stored items in the Reserved space before the close of business on the Termination Date and leave the Reserved space in a clean condition and in a good state of repair to the satisfaction. In the event that Stored items and/or refuse are left in the Reserved space after the Termination Date,
Storer agrees to examine the Stored items carefully on removal from the Reserved space and must notify NOAH’S LANDING of any loss or damage to the Stored items as soon as is reasonably possible after doing so.
Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
NOAH’S LANDING may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to Storer in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of notice. Storer may terminate without charge before the change takes effect by giving notice 30 days in advance. Otherwise, Storer’s continued use of the Reserved space will be considered as acceptance of and agreement to the amended terms.
Storer acknowledges and agrees that :(a) the terms of this document constitute the whole contract with NOAH’S LANDING and, in entering this contract, Storer relies upon no representations, oral or otherwise, other than those contained in this Agreement; (b) it has raised all queries relevant to its decision to enter this Agreement with NOAH’S LANDING and NOAH’S LANDING has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of Storer; (c) any matters resulting from such queries have, to the extent required by Storer and agreed to by FO, been reduced to writing and incorporated into the terms of this Agreement; (d) if NOAH’S LANDING decides not to exercise or enforce any right that it has against Storer at a particular time, then this does not prevent NOAH’S LANDING from later deciding to exercise or enforce that right unless NOAH’S LANDING tells Storer in writing that NOAH’S LANDING has waived or given up its ability to do so.