Terms and Conditions of Business
- In the below terms and conditions, the expression of the words will have the following meaning:
- “Article” means each separate item carried or moved by the Cubby Mobile Storage. For the avoidance of doubt, where two or more objects are packed together in one carton, such carton shall count as the Article;
- “Quotation” means this contract between the Cubby Mobile Storage and the Customer on the terms and conditions set out herein;
- “Customer” means the person contracting with the Cubby Mobile Storage to provide the Services, whether or not he is the owner of the Goods, or Fixtures, as the case may be;
- “Goods” means the thing or things in relation to which Relocation Services are to be provided but excluding coins, cash, bank notes cheques, money orders, postal orders, national saving certificates, premium bonds, travel tickets, passport, securities, manuscripts or documents of any description, Jewellery, perishable goods, hazardous materials like Crackers, Explosives, Chemicals, Filled Gas Cylinders, Battery Acids, Inflammable Oils; such as Diesel, Petrol, Kerosene, Gasoline, Narcotics & Contraband items and other like items;
- “Fixtures” means the thing or things in relation to which Handyman Services are to be provided; (g) “Relocation Services” means the services to be provided by the Cubby Mobile Storage to the Customer, being some or all of the services listed in paragraph 2(i);
- “Handyman Services” are rendered at an additional cost and refers to the services to be provided by the Cubby Mobile Storage to the Customer, being some or all of the services listed in paragraph 2(ii);
- “Services” means any or all of the Relocation Services and / or Handyman Services;
- “Warehouse” means any premises or land at which the Cubby Mobile Storage stores the Goods whether or not owned by it.Subject to the terms of the quotation the Cubby Mobile Storage agrees to provide the following services, such as are comprised within the Cubby Mobile Storage’s quotation to the Customer:
- In Respect of the Relocation Services: (a) collect the goods from the location designated by the Customer; (b) pack the Goods as appropriate, (c) transport the Goods to the location designated by the Customer; (d) provide storage for the Goods at a Warehouse; (e) deal with all relevant export/import or other formalities as appropriate.
- (ii) In respect of the Handyman Services: (a) inspect the Fixtures and the premises at which dismantling and / or re-installing of the Fixtures are to be carried out; (b) render oral advice as to the feasibility and procedures of dismantling and / or reinstalling the Fixtures at such premises; (c) dismantle the Fixtures and / or detach from the premises where they are located; (d) pack the dismantled Fixtures as appropriate; and (f) re-install the Fixtures at the premises designated by the Customer. The Cubby Mobile Storage will provide the Services through a sub-contractor or agent at an additional cost.
(iii) For Vehicle Movement: (a) Copy of all relevant document has to be provided and must to be in the name of transferee or an approval from Cubby Mobile Storage to move in different name. (b) Cars must have approx. 10-12 litre fuel to drive on and off the loading and unloading point. (c) Two Wheelers: Please empty the fuel tank / oil completely to ensure no spillage / leakage in transit
- The Services are provided within normal working hours of the Cubby Mobile Storage, which are 9:30 a.m. to 6:00 p.m. from Monday to Saturday, excluding public holidays. Unless otherwise agreed by the Cubby Mobile Storage upon payment of surcharges, the Cubby Mobile Storage does not normally perform the Services on Sundays or any public holiday. Where the Services are not completed within the normal working hours on the dates stipulated in the quotation, the Cubby Mobile Storage may upon the request of the Customer continue to perform the Services beyond the normal working hours for a surcharge or carry on the Services on subsequent dates to be agreed with the Customer at an extra charge.
- Any quotation submitted by the Cubby Mobile Storage to provide the Services shall be open for acceptance for a period of 15 days following the submission thereof, and shall thereafter be deemed withdrawn. The Customer accepts the quotation by either signing and returning the acceptance form attached to the quotation, or by instructing the Cubby Mobile Storage to perform the Services pursuant to the terms of the quotation. The quotation may be withdrawn by the Cubby Mobile Storage prior to acceptance. Any quotation is based upon the details provided to the Cubby Mobile Storage by the Customer as regards the Goods and / or Fixtures and the Services requested by the Customer in relation thereto. If any such detail provided by the Customer shall be incorrect, the Cubby Mobile Storage may adjust its charges accordingly.
- Once accepted, the quotation and all the terms therein shall be binding. In so far as the term or terms of the quotation are inconsistent with the terms herein, the terms of the quotation shall prevail to the extent of the inconsistency. If the Customer wishes to cancel or terminate the Contract before its full performance by the Cubby Mobile Storage, the Customer shall be liable to pay a cancellation or early termination charge in a sum specified in the quotation to compensate the Cubby Mobile Storage for any loss it shall sustain by reason of such cancellation or early termination. Such charge shall be without prejudice to any rights that the Cubby Mobile Storage may have against the Customer in relation to such early termination.
- The Cubby Mobile Storage, to the exclusion of the Customer, shall decide how the Services are to be provided, and may vary its decision from time to time.
- Any period of time within which the Cubby Mobile Storage is to perform any part of the Services is an estimate only, and whilst the Cubby Mobile Storage will use all reasonable endeavours to perform the Services at and within the agreed time, it shall not be liable for any loss or damage whatsoever (whether direct, indirect or consequential) arising from a failure to do so.
- The Customer shall ensure that adequate access is available to all relevant premises for the purpose of performing the Services.
- The Customer shall: (i) in respect of the Removal Services (a) promptly supply the Cubby Mobile Storage with any information concerning the nature of the Goods which the Cubby Mobile Storage may request; (b) in relation to the Goods, comply with all applicable laws, regulations and requirements relevant to the Cubby Mobile Storage’s provision of the Removal Services; (ii) in respect of the Handyman Services (a) promptly supply the Cubby Mobile Storage with any information concerning the Fixtures including their type, nature, structure, characteristics, dimensions, operational guides as to application and use (if any), and other information which in the opinion of the Cubby Mobile Storage should be brought to the attention of the Cubby Mobile Storage for the proper and efficient discharge of its duties in performing the Services. (b) In relation to the installation of the Fixtures, comply with all applicable laws, regulations and requirements relevant to the Cubby Mobile Storage’s provision of the Handyman Services which comes at an agreed additional cost e.g. Carpentry, drilling, plumbing, DTH or other electrical and electronic equipment’s removal or fixing etc. (iii) in either case, not submit any Goods and / or Fixtures which are or include any dangerous, explosive, corrosive or other substance harmful to either person or the property of the Cubby Mobile Storage or of others. The Customer agrees that if any Goods and / or Fixtures are submitted in contravention of this paragraph and loss or damage is thereby caused to the Cubby Mobile Storage (whether directly or indirectly), the Customer will indemnify the Cubby Mobile Storage against such loss or damage.
- While rendering relocation services the Cubby Mobile Storage excludes i) Split pickup/ multiple pickup and/or deliveries ii) Plant removals / Crating of Any Item if not mentioned in the respective quotation iii) Long carry, society/elevator charges and parking charges iv) vehicle detention, if any v) Storage in transit and any force majeure situation vi) any Government taxes or Octroi/ Mathadi /Toll / Entry Tax/Labor Union Charges in any state, if applicable vii) collection or delivery using stairs above 2nd floor (if service lift not provided) viii) special handling charges for items which cannot be accessed through elevator (hoisting/stair carry)
- Unpacking material and Debris shall be Cubby Mobile Storage property and therefore reserves rights to pick unpacking material.
- The Cubby Mobile Storage shall, as soon as is practical after receiving the Goods and / or Fixtures, provide the Customer with a packing list for validation. The list shall not specify or imply the contents of any closed container or warrant or imply that the Goods of Fixtures are in good, or any particular, state or condition.
- During any time that the Goods are stored at any Warehouse (except temporary storage in transit) the Cubby Mobile Storage will allow the Customer access to the Warehouse during normal working hours for the purposes of checking the Goods, and identifying any particular Goods that it wishes to remove provided that: (i) the Customer gives the Cubby Mobile Storage reasonable notice of his wish to inspect the Goods: (ii) at the time of delivery of the Goods to the Cubby Mobile Storage, the Customer has registered one or more authorised signatories with the Cubby Mobile Storage to whom access should be allowed; (iii) the person requesting access is, or appears to be from comparison of his signature with the specimen provided, an authorised signatory; (iv) the Customer pays the Cubby Mobile Storage’s reasonable charges from time to time thereof. The Cubby Mobile Storage shall not be liable for loss or damage arising from such access being permitted except to the extent that such loss arises as a result of the gross negligence or willful misconduct of the Cubby Mobile Storage.
- When the Customer wants to recover the Goods or part of them from storage, it shall give the Cubby Mobile Storage such period of notice as shall be specified by the Cubby Mobile Storage from time to time. If less notice than is required by the Cubby Mobile Storage is given, the Cubby Mobile Storage will use all reasonable endeavours to retrieve and deliver the relevant Goods by the requested time but shall not be responsible for any loss or damage arising from any failure to do so.
- In consideration of the provision of the Services by the Cubby Mobile Storage, the Customer shall pay to the Cubby Mobile Storage:- (i) such charges for the Services as quoted in the quotation, or where there is no such quotation, such charges as calculated by reference to the Cubby Mobile Storage’s scale of charges in force from time to time which scale is available for inspection upon request; and (ii) any out of pocket expenses incurred by the Cubby Mobile Storage in the provision of the Services; and (iii) additional charges which are incurred by the Cubby Mobile Storage by reason of the Customer having altered his instructions to the Cubby Mobile Storage in relation to the Services; and (iv) reasonable charges for spare parts or replacement components where such parts or components are required and supplied by the Cubby Mobile Storage to maintain the Fixtures in good working order.
- Notwithstanding any other remedy available to the Cubby Mobile Storage, the Cubby Mobile Storage shall have a lien over all Goods and / or Fixtures in its possession or under its control in respect of any sums due to the Cubby Mobile Storage by the Customer. Notwithstanding that the Cubby Mobile Storage shall have a lien over any Goods and / or Fixtures, the Customer shall continue to be liable for any and all charges arising from the provision of the Services until all sums due to the Cubby Mobile Storage have been received by it. If the Cubby Mobile Storage exercises its right of lien on the Goods and / or Fixtures and such lien is not discharged within three months, then the Cubby Mobile Storage shall be irrevocably authorised to sell or otherwise dispose of all or any of the Goods and / or Fixtures subject to the lien and apply the proceeds in or towards payment of the sums due to the Cubby Mobile Storage, without notice being required to be given to the Customer.
- The Customer warrants and undertake that all Goods and / or Fixtures in respect of which the Cubby Mobile Storage is to provide the Services are either owned by the Customer or legally in its possession or under its control, and that the Customer is able to deal with the Goods and / or Fixtures as contemplated herein. The Customer agrees to indemnify the Cubby Mobile Storage against any loss, damage or claim made against the Cubby Mobile Storage arising from any lack of authority of the Customer to contract with the Cubby Mobile Storage for the Services, or any breach of the warranty or undertaking given by the Customer under this paragraph.
- Notwithstanding anything to the contrary herein the Cubby Mobile Storage shall in no event be liable (whether in negligence or under contract) for: (i) in respect of the Removal Services: (a) indirect, consequential or other loss arising from the Customer as a result of the Goods not being available to the Customer at any time for any reason; (b) loss or damage caused by any event of force majeure including, without limitation, storm, fire, flood, explosion, theft, acts done with malicious intent by any person, or any other event outside the control of the Cubby Mobile Storage; (c) Loss or damage arising from the natural deterioration of the Goods; (d) Loss or damage arising from any act or omission of the Customer or any other person acting on the Customer’s behalf including a failure to declare or false declaration of value (and so that the Customer shall indemnify the Cubby Mobile Storage accordingly); (e) Any other loss or damage of whatever nature, including but not limited to any loss of or damage to any internal parts of any object, unless the Customer is able to prove that the same is directly attributable to the negligence of the Cubby Mobile Storage. In no case whatsoever shall the liability of the Cubby Mobile Storage howsoever arising exceed USD $0.50 per pound per Article, or USD $2.00 per cube foot per Article, whichever is the greater, provided always that such liability shall not exceed the maximum value of the Article or such Article or part of the Goods which is lost or damaged. The Customer expressly agrees to take out insurance for additional cover in respect of any loss or damage which he may incur under this contract. (ii) In respect of the Handyman Services : (a) any design defect in, or malfunction due to faulty materials or workmanship, of the Fixtures whether or not such defect or malfunction is apparent or known to the Cubby Mobile Storage; (b) any neglect, misuse or error or omission relating to the operation of the Fixtures by the Customer; (c) any modification, adjustment or repair to the Fixtures made by the Customer or a third party whether or not such modification, adjustment or repair is apparent or known to the Cubby Mobile Storage; (d) normal wear and tear of the Fixtures, subjection of the Fixtures to unusual physical or electrical stress or any failure or fluctuation of electrical power; (e) loss or damage caused by any event of force majeure including, without limitation, storm, fire, flood, explosion, theft, acts done with malicious intent by any person, or any other event outside the control of the Cubby Mobile Storage; (f) failure on the part of the Customer to comply with his obligations under Clause 9 (ii) herein; (g) any other cause of whatever nature unless the Customer is able to prove that the same is directly attributable to the negligence of the Cubby Mobile Storage. In all other cases, the liability of the Cubby Mobile Storage to the Customer in respect of any loss or damage he may incur under this Contract shall be limited to the total amount of charges payable by the Customer under the quotation. (iii) In either case, nothing in these conditions shall, or shall be deemed to, exclude or limit the liability of the Cubby Mobile Storage for a negligent act or omission resulting in the death of, or personal injury to, any party to whom the Cubby Mobile Storage owes a duty of care, save to the extent that such limitation or exclusion is permissible by law.
- These conditions shall continue for as long as the Cubby Mobile Storage is providing the Customer with any of the Services. The Cubby Mobile Storage may however, upon 7 days’ written notice require the Customer to remove any Goods and / or Fixtures being stored by it from any Warehouse and, if the Customer fails to designate a place for alternative storage, deliver the same to the Customer at the premises from which they were originally collected.
- The Insurance does not cover loss or damage arising out of the acts of government, customs authority or official confiscation. It also does not cover loss/damage of the goods packed by owner and or Jewellery/cash, deeds, traveler’s cheque, plants, gas cylinders, alcoholic beverages, contraband or other restricted items.
- Internal damages of any kind are also not covered under Insurance Coverage unless there are signs of external physical damage. Any external damage must be noted on the packing inventory on the day of delivery. This pertains to any and all electronic items, i.e. computers, speakers, etc. However, electrical or mechanical malfunctioning coverage, excluding automobiles, is available and can be taken in writing at an additional premium of 2%.
- In event of international or inter-continental moves, the Cubby Mobile Storage shall not be under any liability in respect of any claim arising out of or in connections with the loss of or damage to any Goods and or Fixtures unless: (i) a claim in writing is received by the Cubby Mobile Storage within 15 (Fifteen) working days from the date the Customer becomes, or reasonably should become, aware of the occurrence of the loss or damage; or if the claim arises from non-delivery or short delivery, at the time when delivery ought to have been made; (ii) Claim in automobile must be reported within a 7 (Seven) working time of vehicle delivery.
- In event of domestic or local moves, the Cubby Mobile Storage shall not be under any liability in respect of any claim arising out of or in connections with the loss of or damage to any Goods and or Fixtures unless: (i) a claim in writing is received by the Cubby Mobile Storage within two days from the date the Customer becomes, or reasonably should become, aware of the occurrence of the loss or damage; or if the claim arises from non-delivery or short delivery, at the time when delivery ought to have been made; (ii) Claim in automobile must be reported within twelve hours of vehicle delivery.
- Where there has been a failure to comply with any of the aforementioned time limits, the claim shall be deemed to have been waived and shall be absolutely barred.
- No liability for damage to Goods and / or Fixtures will be accepted by the Cubby Mobile Storage unless the Cubby Mobile Storage has been given a reasonable opportunity to inspect such damage. Claims if any, which have been lodged in writing would be entertained by the third-party insurance agent and not the Cubby Mobile Storage, under any circumstances.
- The Customer undertakes that no claim shall be made against any servant or agent of the Cubby Mobile Storage which imposes or attempts to impose upon him any liability whatsoever in connection with the Services and, if any such claim should nevertheless be made, to indemnify the Cubby Mobile Storage against all consequences thereof. Without prejudice to the foregoing, all such servants or agents shall have the benefit of all provisions herein as if such provisions were expressly for their benefit. In entering into any contract incorporating these conditions, the Cubby Mobile Storage, to the extent of those provisions does so not only on its behalf but as agent and trustee for such servants and agents.
- Payment needs to be done prior to packing / dispatch by cheque / credit card with card fee as applicable. As a special case credit till the time of delivery can be given with terms and conditions. In any case if the payment is not cleared before delivery the Cubby Mobile Storage reserves the right to withhold the delivery till the complete payment is received.
- If any of these conditions or any part thereof shall, in any case, be held to be invalid or to have failed the test of reasonableness within the meaning of the Control of Exemption Clauses Ordinance, such term or provision shall be deemed to be severed as if such term or provision had not been contained herein but without affecting the remaining conditions.
- Work undertaken as a result of this quotation will be done on the basis of the Indian Contract Act, 1872. Multiple pick-ups and deliveries are not included except as specified. While every care is taken during the packing, transit risks should be covered by insurance. In the absence of insurance cover, the goods are deemed to be self-insured by you.
- (Version 01/September/2017)
Terms and Conditions Pertaining to the Website
Unless otherwise stated, Cubby Mobile Storages and / or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages (or other content) from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
YOU MUST NOT :
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution.
ACCEPTABLE USE :
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Cubby Mobile Storage’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
RESTRICTED ACCESS :
[Access to certain areas of this website is restricted.] Cubby Mobile Storage reserves the right to restrict access to secure areas of this website, or indeed this entire website, at Cubby Mobile Storage’s discretion.
If Cubby Mobile Storage provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Cubby Mobile Storage may disable your user ID and password in its sole discretion without notice or explanation.
USER CONTENT :
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Cubby Mobile Storage or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Cubby Mobile Storage reserves the right to edit or remove any material submitted to this website, or stored on Cubby Mobile Storage’s servers, or hosted or published upon this website.
Notwithstanding PMR’s rights under these terms and conditions in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NO WARRANTIES :
This website is provided “as is” without any representations or warranties, express or implied. Cubby Mobile Storage makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Cubby Mobile Storage does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
- Cubby Mobile Storage reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service
LIMITATIONS OF LIABILITY :
- Cubby Mobile Storage will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or
- business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Cubby Mobile Storage has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Cubby Mobile Storage’s liability in respect of any:
- fraud or fraudulent misrepresentation on the part of Cubby Mobile Storage; or
- matter which it would be illegal or unlawful for Cubby Mobile Storage to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
OTHER PARTIES :
You accept that, as a limited liability entity, Cubby Mobile Storage has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Cubby Mobile Storage’s officers or employees in respect of any losses you suffer in connection with the website.
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Cubby Mobile Storage’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cubby Mobile Storage.
Cubby Mobile Storage may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement
These terms and conditions constitute the entire agreement between you and Cubby Mobile Storage in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION :
These terms and conditions will be governed by and construed in accordance with United States law, and any disputes relating to these terms and conditions will be subject to reviewal.
You can contact us by email at email@example.com.