- The “Parties” which is the agreement between the Storer and Storage Bloc Sdn. Bhd. (“SB”) agree that the Agreement is entirely contained within this document and the Fee Schedule as updated from time to time.
- The Storer:
Notwithstanding any other provision of this Agreement, the Storer unconditionally and irrevocably agrees SB shall have the right from time to time and at any time to make such amendments to the terms of the Agreement as may be appropriate for the purposes of ensuring compliance with applicable law, for administrative purposes or any other reason deemed necessary at the discretion of the SB. In the event of any change to the Agreement the Storer will be given Notice, and the changes will apply from the time the Notice is sent.
The SB shall provide the Services at the location stated in the footer of this agreement. The Storer shall provide relevant contact information, SB will be not be liable for any inaccurate information provided by Storer or by representative.
- Has the right to store all items in any size, shape or form in the facility provided by SB pursuant to the terms and conditions in this Agreement, which are not against or in contravention of any laws, rules, regulations and public policy of Malaysia (“Goods”);
- Is deemed to have knowledge of the Goods stored;
- Warrants that they are the owner of the Goods stored and/or are entitled at law to deal with the Goods in accordance with all aspects of this Agreement; and
- Has done the due diligence of the storage facility provided by SB and/or agrees the storage facility provided by SB is satisfactory for storage of the type, nature and volume of the Goods stored, including but not limited to any need for climate control, air conditioning or unique measurement requirements and shall not raise any objection on such basis.
- SB does not have, and will not be deemed to have, knowledge of the Goods.
Billing & Settlement
Charges commences on the day Storer item(s) are picked up or sent to SB facility and it ceases on the day of the termination. There will not be prorated charges for early retrieval of items.
Initial payment is required prior to commencing any of SB Services. Subsequent invoices will be billed by SB to the Storer on the last day of each month to serve as a reminder for adherence to the payment terms.
SB accepts cash, direct bank-in transactions, cheque, all major Visa and Master credit and debit cards except American Express cards.
The Storer agrees to pay the invoice where the latest payment will be due on or before the 14th day of each month. In the event that payment is not paid timely within the 14th day of each month, a late payment penalty charge will be imposed amounting to RM100 or 20% of the invoice, whichever is higher. If payment is not settled within that month, this amount will be carry forward to subsequent month until settled. All late charges will be on each invoice and the penalty will not be compounded. Also refer to Clause 10 and 11 for more information on any late charges.
Any additional charges incurred for SB Logistic Service will be invoiced once completion of delivery and to be cleared not more than 14 days of invoice. In the event that logistic charges are not promptly paid within due date, SB shall exercise a penalty of RM10 per day will be made payable from Storer to SB.
In the event that all charges are not promptly paid within 30 days past due date, SB are relieved of any duty howsoever arising in respect of the goods. We shall exercise lien over the goods until the outstanding charges have been fully settled and received by SB. Under such situation, Storer authorizes us to withhold and inspect the goods.
If charges remain unpaid for 60 days past due date, a penalty of RM3000 or 30% of the Total Cost of this Agreement (whichever is higher) will be made payable from Storer to SB and SB reserve the right to withhold the stored goods with SB for sale or auction. SB will therefore charge a lien sale/auction fee of RM800 is applicable. Proceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative fees, removal fees, late payment fees and lien sale/auction fee. If, after settling all charges and payments there is any amount leftover, SB will make reasonable efforts to return the excess to Storer without interest. If within 60 days, SB are unable to get a response from Storer and unable to pay the excess, the amount leftover will be retained by SB for own account. If in our opinion the goods and/or item(s) cannot be sold for a reasonable price or at all (for any reason), or despite SB reasonable efforts they remain unsold, Storer authorizes SB to treat them as abandoned and to destroy or otherwise dispose of them at the Storer’s cost. Storer shall be responsible for all costs reasonably incurred by SB in relation to the disposal of the goods and/or item(s).
Storage & Delivery Of Goods
The Storer shall ensure that, throughout the term of this Agreement, the goods and items belong to Storers. A staff or approved person appointed by the Storer needs appropriate credentials permission and authorization to access the goods and items with the SB.
Storer shall be responsible for ensuring all packing of items for storage is properly protected and padded, if necessary in order to utilize the Service. Prior knowledge is to be given to SB by Storer if additional or special care is required for any item. In the event the Storer requires additional Services of packing of their items, this is chargeable by the SB upon prevailing rates specified by SB and upon mutual agreement between Parties.
Storer may utilize upon request the SB signature boxes to store items with a weight limit of 20kg each box and any goods exceeding this weight limit shall be made known to SB. Goods stored in storage box(es) must be sealed with SB seals which are given to the Storer upon delivery of the empty box(es). Failure to inform on the weight and utilize the seals will result in SB having the right to refuse Storers request in favor of SB inclusive of any monetary impact with prevailing rates specified by the SB. Any damage incurred or loss of box(es) by the Storer to the SB signature boxes will result in penalty of RM100 each damaged box which will be made payable from Storer to SB.
Storer understands and agrees that if fragile items are stored, Storer waives all rights and claims against SB should the fragile items be damaged. Fragile items, such as (but not limited to) glassware, crockery, picture frames, light bulbs, musical instruments, collectables or any items that are easily broken. It is the responsibility of the Storer to ensure all precautions are taken with sufficient notice given to SB of any special care required.
Storer must ensure that bulky and large items are securely and safely protected so as not to cause damage or injury to Service Provider employees, or any other items, property or person.
The Goods stored in the boxes must not include the following items: antiques (whether breakable or fragile), food or perishable items that may attract vermin or insects, livestock (e.g. animals, plants, and any other living thing), fine art or fine wine, items containing or made of glass, firearms, weapons, ammunition, explosives, combustible or flammable materials or compressed gases, liquids such as paint, oil, gun powder, saltpeter diesel, kerosene, petrol, oil, cleaning solvents, artificial fertilizer, chemical, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous, toxic and hazardous nature, any item which emits fumes, smells or odours or any noise to be audible or vibration to be felt, used tyres, bullion (e.g. goldsilver), jewellery, currency, ivory, precious metals or stones, any illegal substances, drugs, narcotics or items and goods illegally obtained, items which are irreplaceable such as currencies, bonds, securities, jewellery, furs and deeds, any other hazardous or dangerous materials the storage of which is subject to control by law.
Terms & Conditions
Storer agrees that SB or our appointed agent may at any time reserve the right without informing you or in compliance with any court order or direction from any law enforcement or government agency, open the luggage, your own box or storage box, and inspect the goods inside, seize, destroy or otherwise dispose them as we deem fit per our absolute discretion. We shall have no liability to you in respect of such goods if we reasonably suspect that there are any such prohibited materials. Storer shall be responsible for all resulting costs, expenses and losses incurred by us and shall pay such amounts to us on demand where there is a breach of Clause 19 and Clause 20.
Storer shall be responsible to set clear scheduled dates and time for delivery or pick up which is mutually agreed by SB. The confirmed and agreed upon schedule must be strictly adhered too. If any deviations are made by Storer within 48 hours of the agreed schedule, the Storer will be subjected to a penalty of up to RM60, made payable to SB. In the event Storer utilizes the SB Signature Boxes, the maximum amount of time Storer can keep the box(es) will not be more than 5 days, whereby Storer must send it back to SB. In the event the Storer utilizes the SB Signature Box immediate delivery and pick-up services, SB will only wait up to 20 minutes as Storer completes their storage into the Signature Box. Any timing exceeding will be subjected to a penalty at prevailing rates specified by SB to adhere to the immediate delivery and pick up service.
Storer understands that first delivery and pick-up by the SB is free and subsequent or additional trips is chargeable by the SB upon prevailing rates specified by SB.
Storer must inform the SB of the elevator access in location of delivery or pick-up. Non-elevator access at Storer location may be chargeable by SB upon prevailing rates specified by SB.
Limitation Of Liability
SB shall not be liable for any loss or damage whatsoever arising from: the act or omission of the customer or any person acting on Storer behalf, compliance with the instructions given to SB by the Storer or any other person entitled to give them, insufficiency of the preparation, packing, storage, labelling or marking of the goods except where such service has been provided by SB, riots, civil commotion, strikes, lockouts, terrorist attacks, stoppage or restrain of labour from whatsoever cause, inherent vice of the goods, any bugs, viruses, Trojan horses or the like that may be transmitted to or through SB website by any third party, any interruption or cessation of transmission to or from the site, any cause or event which SB could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
Any damages, whether for physical and/or economic loss or damage, which SB is liable to pay to the Storer pursuant to this Agreement or performance of this Agreement (including damages for negligence or damages for consequential loss) are limited in all cases to a maximum of RM 1,000 per SB Signature Box stored or RM8500 per cubic meter of storage of insurance payout, unless additional insurance premium is bought by the Storer.
- Agrees that the terms of this document constitute the whole contract with SB and that, in entering this contract, the Storer relies upon no representations other than those contained in this Agreement.
- Acknowledges that it has raised all queries relevant to its decision to enter this Agreement with SB and that has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by the SB, been reduced to writing and incorporated into the terms of this Agreement.
Notices will usually be given by email, or if given in writing will be left at, or posted to, or faxed to the address of the Storer. In relation to the giving of Notices to the SB, Notices must actually be received to be valid. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by the SB if the SB serves that Notice on the Alternate Contact Person as identified, or has sent Notices to the last notified address of the Storer or Alternate Contact Person.
Storer may terminate this Agreement by officially giving sufficient notice to Service Provider informing of this intent, whereby Service Provider will acknowledge the receipt of this intent. Duration of Services;
In the event of the Service Agreement termination the Storer will be charged 20% of the Total Cost of the Agreement. Payment for the termination fees from Storer to Service Provider must be made within 14 days of receiving of the termination invoice. The Storer’s items will not be released until this payment has been cleared.
If Service Provider determines that Storer breach any terms of this agreement or Storer activity poses a threat to Service Provider, it will be of the prerogative of the Service Provider to terminate this agreement with Storer with written notice to the Storer and a penalty of RM1000 or 30% of the Total Cost of the Agreement (whichever is higher) will be due from the Storer.
Some parts of these terms will continue to operate even after Storer account is terminated. All provisions, of these terms which by their nature could reasonably survive termination, shall survive termination including but not limited to Clause 14 until Clause 42.
- At or below a month of services, requires 5 days’ notice period
- Between 1 months and less than 6 months of services, requires 1 month notice period
- Services at or more than 6 months, requires 2 months’ notice period
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and the Storer and SB agree that the nonexclusive jurisdiction of the Kuala Lumpur High Court applies with regard to any claim or dispute arising in relation to or under the terms of this Agreement.
Notices will usually be given by email, or if given in writing will be left at, or posted to, or faxed to the address of the Storer. In relation to the giving of Notices to the Service Provider, Notices must actually be received to be valid. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by the Service Provider if the Service Provider serves that Notice on the Alternate Contact Person as identified, or has sent Notices to the last notified address of the Storer or Alternate Contact Person.
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, saves as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.