Terms and Conditions of the Agreement
(Please read the following terms and conditions carefully. Signing of this Agreement means you agree to be bound by the following terms and conditions.)
1. The Storer：
(a) has the right to self-store goods in the space allocated to the Storer by MiniCC.
(b) confirms that the stored goods in the storage space is in line with this Agreement and the laws and regulations.
(a) is engaged by the Storer to provide storage service regarding the stored goods of the Storer in accordance with this Agreement.
(b) only provides storage space for the Storer and does not have possession of the stored goods.
3. The Storer is required to pay the following fees upon signing of this Agreement:
(a) Storage fee: the storage fee during the term is payable in advance; All prepaid storage fee will not be refunded.
(b) Security deposit: security deposit is not allowed to be used to offset the storage fee and is refundable free of interest by wire transfer or other forms within 10 working days of the termination of this Agreement after deduction of all fees payable (if any) by the Storer.
(c) Liquidated damages: If the customer terminate the order before the storage commencement date, MiniCC will charge a liquidated damages of RMB 100 per order.
4. In line with this Agreement, the Storer will further pay:
(d) Late charge: if the Storer fails to pay the storage fee in line with this Agreement, the Storer is required to pay a late charge at 10% of the net monthly storage fee per month.
(e) If, at the termination of this Agreement, the storage space is not left in a clean condition and in a good state of repair according to requirements of MiniCC, the Storer will be required to pay a cleaning fee upon reasonable request from MiniCC.
(f) The unpaid storage fee payable under this Agreement in case of outstanding payments.
(g) Repair costs if the storage facilities and equipments are damaged as a result of improper use by the Storer.
(h) Any costs incurred or borne by MiniCC in collection of the aforesaid fees.
Late Payment of Storage Fee
5. If the Storer delays in payment of the storage fee and such fee remains unpaid and the stored goods is not taken back by the Storer for more than 60 days, the Storer will be deemed to waive the ownership of the stored goods and MiniCC is entitled to forfeit the deposit and to enter the storage space and to dispose of the stored goods by auction or sales and may apply the proceeds of the sales/auction towards the amount payable by the Storer. All costs incurred for the sales/auction will be borne by the Storer. In case of any deficiency, MiniCC may engage lawyers or debt collection institutions to collect and recover all fees payable by the Storer under this Agreement.
6. The Storer hereby waives any claims, proceedings, demands and damages made against or suffered or incurred by the Storer for any disposal or auction off emotional and/or sentimental values items attached to the stored goods.
Conditions for use of Storage Space
7. The Storer agrees to abide by the floor loading of not more than 200kg/sqm. The Storer will be liable to indemnify all losses / damages suffered by MiniCC or any third party on full indemnity basis in case of breach of the aforesaid floor loading. Meanwhile, the Storer:
(a) must not store liquid items such as water, oil, alcohol, grease, paint or any odorous goods, or any hazardous, dangerous, illegal, stolen, perishable, inflammable, environmentally harmful or explosive goods or any goods prohibited by laws and regulations or any other item which MiniCC deems not proper for its normal business. The Storer shall not and shall not allow any persons to keep any animals, reptiles or crops in the storage space.
(b) The Storer shall not bring nor store anything that will cause nuisance, annoyance, disturbance, inconvenience, injury or damage to or give cause for reasonable compliant from the owner and other storers.
(c) The Storer will be solely liable for all losses and liabilities resulting from breach of the prohibitions for storage of goods.
(d) The Storer will be solely responsible for securing of the storage space and shall so secure the storage space at all times when the Storer is not in the storage space in a manner which is acceptable to MiniCC. MiniCC is not responsible for locking or confirming locking of any storage space.
(e) The Storer will use the storage space solely for the purpose of storage of stored goods and shall not use such space for any other purposes; in particular, such space shall not be used for residence, office or other use not allowed by this Agreement.
(f) The Storer should not dispose of any unwanted items and rubbish within the storage space or neighbouring space. The Storer must maintain the storage space by ensuring it is clean, and in a state of good repair and cleanness. Otherwise, a cleaning and/or a disposal fee may be deducted from the Storer’s security deposit and/or an additional cleaning fee may be required.
(g) The Storer shall use the common areas only for access and not at any time obstruct common areas and shall not hinder or impede access to other storage space.
(h) The Storer must notify MiniCC in writing of the change of address or contact details of the Storer and/or the alternate contact person registered on the new customer registration form within 7 days from the date of change. Otherwise, all liabilities resulting from failure to receive notice by MiniCC will be borne by the Storer.
(i) The Storer should register the alternate contact person on the new customer registration form so that MiniCC can discuss the default of the Storer.
(j) The Storer confirms that the stored goods are owned by the Storer, not by any third parties.
(k) The Storer is liable for the actions of its employees, trustees and agents. The Storer will indemnify MiniCC against all damages suffered by MiniCC or third parties resulting from the actions of its employees, trustees, or agents.
8. If any delayed payment by the Storer is overdue more than 30 days, MiniCC is entitled to refuse access to the storage space by the Storer whether or not a formal demand for payment has been made. The Storer shall be entitled to place one padlock on the door of its storage space only. If any fees are in arrears, MiniCC may attach an additional lock to prevent access to the storage space.
9. Subject to the prior consent of the Storer, MiniCC is entitled to relocate the storage space of the Storer to another storage space.
10. Oral statements of MiniCC or of its employees do not form part of this Agreement. Non-exercise or delayed exercise of rights under this Agreement does not mean waiver of such rights.
Risk and Responsibility
11. Goods are stored at the Storer’s sole risk. MiniCC is not liable for any loss or damage of the stored goods, save as otherwise provided in this Agreement MiniCC has taken up insurance at its cost to cover the direct material damages or losses of the stored goods incurred from natural disasters, extraneous perils and burglary and MiniCC will offer such insurance coverage to the Storer free of charge, subject to the following conditions and limitations:
(a) Sum insured is based on replacement value of the stored goods up to the following limits:
i. Storage area on or less than 3 sq.m: RMB 3,000 for any one accident and in aggregate, subject to deductible as RMB 100 for any one accident.
ii. Storage area between 3 sq.m (exclusive) and 6 sq.m (inclusive): RMB 5,000 for any one accident and in aggregate, subject to deductible as RMB 100 for any one accident.
iii. Storage area between 6 sq.m (exclusive) and 10 sq.m (inclusive): RMB 10,000 for any one accident and in aggregate, subject to deductible as RMB 100 for any one accident.
i. Storage area above 10 sq.m: RMB 13,000 for any one accident and in aggregate, subject to deductible as RMB 100 for any one accident.
(b) When making a claim, the Storer must prove the loss or damage and substantiate the replacement value of the stored goods (subject to final decision of the insurance company). For the avoidance of doubt, the insurance does not cover loss or damages of any stored goods which are not compliance with this Agreement or which are caused by the fault of the Storer. The Storer shall be solely liable if the insurance company refuses to make payment.
(c) The following items are not subject to the insurance provided in Clause 11 above:
cash, tickets, valuable securities, valuable IC card and microchip;
documents, account books, grams, technical materials, computer software, computer data and other goods which are hard to value.
(d) The Storer shall insure the following goods (which are not subject to the insurance provided in Clause 11) at its own cost:
gold or silver, jewelry, diamond, jade, jewellery, ancient coins, antiques, ancient books, ancient painting, stamps, scripts and paintings, artwork, gems or other valuables.
portable communication instruments, laptop, portable camera or video or other portable equipments or instruments.
12. Addition to the complimentary insurance taken byMiniCC in Clause 11, the Storer is encouraged to insure all stored goods with a reputable insurance company. The Storer will be solely responsible for all liabilities if the Storer has not yet to maintain any insurance for the stored goods. MiniCC will not be liable to any damages of the stored goods, including damages caused by humidity, fungus, mould, mildew, corrosion, spillage of materials, pest or vermin or any deterioration. Although MiniCC will not be liable for compensation, it will provide necessary assistance or cooperation in the investigation carried out by the Storer or its agent.
13. Unless the Storer provides prior written explanations to MiniCC, only the Storer is allowed to move in and move out the stored goods. The Storer must ensure that the person having access to the storage space is an authorized person of the Storer by storage card, fingerprint, or username and password. The Storer must procure the security of its storage card, password and keys. MiniCCis not liable if the Storer lost its storage card, password or keys.
14. The Storer agrees to indemnify and keep indemnifiedMiniCC from all claims for any loss of or damage to the property of, or personal injury to, third parties resulting from or incidental to the use of the storage space by the Storer, including the storage of goods in the storage space.
15. The Storer acknowledges and agrees to comply with all relevant national laws and regulation, local laws and regulations and local rules of the People’s Republic of China as are or may be applicable to the use of the storage space and any regulations impose by MiniCC from time to time. The liability for any and all breach of such laws rest absolutely with the Storer, and includes any and all costs resulting from such a breach.
16. If MiniCC has reason to believe that the stored goods will impair the normal business of MiniCC, it shall notify the Storer in writing and the Storer should give reasonable explanation or to take necessary action. MiniCC is entitled to take any necessary action to protect its benefit in case that the Storer has no response after 3 days of such written notice given by MiniCC. In case that MiniCC finds that the stored goods are in violation with laws and regulations, MiniCC shall immediately report to the relevant authorities for their decision to take action. For avoidance of doubt, MiniCC reserves the rights to take any action it deems as necessary without any prior notice to protect the legal benefit of MiniCC or the public interest in case of emergency. However, MiniCC should forthwith notify the Storer after such action. All the cost or expenses incurred hereof shall be solely borne by the Storer.
17. MiniCC is under an obligation to cooperate with the governmental judicial authorities in the inspection, search and attachment of the stored goods provided that it must notify the Storer after awareness.
18. All notices must be issued in writing and be mailed or despatched to the address of the Storer or MiniCC.
All notices or serving of documents will be deemed to be delivered:
(a) Upon time of delivery, if delivered in person; or
(b) 3 working days after being posted if delivered by way of postage prepaid registered mail; or
(c) Upon confirmation of receipt by the fax machine of the recipient if sent by fax; or
(d) 2 working days after collection of the package by the courier company if delivered by courier service.
If the Storer is not reachable, the delivery of notice to the alternate contact person on the new customer registration form will be deemed as delivery to the Storer.
19. Either Party may terminate this Agreement by giving the other Party or the alternate contact person identified on the new customer registration form in the event of not being able to contact the Storer, a 30-day prior written notice. In the event of illegal, fundamental breach or activities materially harmful to the business operation on the part of the Storer, MiniCC may terminate the Agreement without notice. If the written notice is not given by the Storer, this Agreement shall be automatically renewed on a monthly basis unless a fourteen (14) days prior written notice is served to the other Party by one Party. If the renewal period is less than one calendar month, the storage fee will be charged based on the actual number of days of storage. Upon termination the Storer must remove all stored goods in the storage space and leave the storage space in a clean condition and in a good state of repair (same with the state of the commencement of storage), save as reasonable tear and wear. The Storer must pay any outstanding fees and any expenses on default or other payment owed to MiniCC up to the date of termination, or clauses 5 may apply. Any calculation of the outstanding fees will be byMiniCC and such calculation will be final.
20. In the event that the Storer breaches this Agreement before expiry of the term, the Storer agrees to pay all the fees according to Clause 19 without any further demand from MiniCC.
21. The liabilities of both Parties regarding outstanding amounts, damages to properties, personal injury, environmental liabilities and legal liabilities will survive the termination of this Agreement.
Inspection and Entry by MiniCC
22. Subject to clause 23, the Storer consents to inspection and entry of the storage space by MiniCC provided that MiniCC gives 14-day termination notice.
23. In the event of an emergency, that is where property, the environment or human life or public interest is, in the opinion of MiniCC threatened, MiniCC may enter the storage space using all necessary force without the prior written consent of the Storer provided that a notice shall be issued to the Storer as soon as possible.
24. This Agreement is governed by the laws of the People’s Republic of China.
25. In case of any disputes arising out of or in connection with this Agreement, both Parties shall attempt to settle the disputes by mutual consultations. If the disputes remain unsettled after 30 days of the disputes, either Party may refer the disputes for litigation in the court where MiniCC is located.
26. All the rules publicized by MiniCC (whether posted on the walls or announced on the official website) shall constitute an integral part of this Agreement. MiniCC is entitled to amend the rules from time to time and will not notify otherwise (saved as any amendments impair any material interest of the storer, at the sole discretion of MiniCC. Entry into this Agreement means the understanding and acceptance of the terms and conditions of this Agreement and the rules of MiniCC.