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In consideration of reserving space in your fur storage facility
for the season 2001, I agree to store fur or cloth garments upon
the terms and conditions which follow:
1. Payment of charges shall be made immediately to You {"Fur Online Inc.) and shall be paid by Me (the consumer) by electronic transfer. 2. The costs of pick up and delivery to me are included in the above charge. Upon receipt of my garment I will receive a written confirmation of receipt ("Receipt") by e-mail to the address entered in the FurCare.com order form. In the event I should change my e-mail address it shall be my responsibility to notify You. 3. Your charges for storage are based upon a limitation of the Your liability to a maximum of FIVE HUNDRED DOLLARS ($500) for each garment or article stored by You; and I agree that Your liability to Me for any loss or damage whether arising out of storage, transportation or from any other cause whatsoever, shall be limited to a maximum of FIVE HUNDRED DOLLARS ($500) for each garment or article lost or damaged. 4. The storage charges shall include pick up, storage and delivery. In the event that a garment must be picked up, stored or delivered a second time, other than as a result of our error,then that garment will be considered as a new garment and a new order, and an additional storage charge will be made. 5. The charges made for storage shall be the same for an entire year or for a portion thereof, during which the goods remain in storage. A year hereunder begins January 1st and ends December 31st of the same year. 6. In the event of loss, it is agreed that the insurance company issuing the policy covering the goods stored hereunder, may at its option adjust the loss directly with the owner thereof. 7. I understand that due to cleaning problems with suede, leather and shearling garments You will NOT be liable and cleaning will be done on a 100% CUSTOMER RISK basis only. All garments, whether for storage or cleaning must be sent in with garment bags for their protection. 8. In case of partial damage to the goods stored, I agree that upon Your demand and/or the demand of the insurance company issuing the policy, as the case may be, to surrender the damaged article upon receipt of the full amount of the insured valuation, in the case of an insured item, or of the agreed valuation (not to exceed $500) in the case of uninsured item. It is understood that You must be given the first opportunity to repair any damages or correct any errors before a claim can be made. In no event shall Your liability exceed the lesser of the actual value of such article, or the cost of repair or replacement with materials of like kind or quality. 9.I understand that I may not commence a lawsuit, arbitration or mediation against You on account of loss or damage to my garment unless a written notice of claim has been presented by me to You within 90 days of the loss or damage, which in the case of claimed damage, You will also give us a reasonable opportunity to examine my garment. In any event, no lawsuit may be started based on or relating to this agreement unless such lawsuit is commenced within one year from accrual of the claim upon which such action is based. 10. Merchandise will be delivered to Me upon at least five (5) days notice to You. All Your responsibility and liability shall cease and determine upon the re-delivery of the stored merchandise to Me,at the place designated in my order form. I understand that I may not designate a different place of delivery, other than that designated in my order form unless I have received written confirmation and new receipt of such from You. Delivery will be made by any means of transportation as You may select and to accept such bill of lading or shipping receipt as is customarily issued by the carrier or transporter and to declare the value of any such article in accordance with this agreement. Delivery of any merchandise to any person presenting this receipt, or to any person in apparent charge of the premises at the stated address or as designated by you, shall be deemed delivery to you and we assume no obligation or liability for any such delivery. 11. If in the event merchandise is delivered and for any reason the charges have not been paid by Me, You shall have a lien on all My merchandise in Your possession and shall have an additional lien on all charges accruing to Me for the storage of said merchandise. 12. You shall be under no responsibility or liability to Me if prevented or interfered with in performing any of Your obligations by wars, insurrections, strikes, other labor troubles, breakdown in machinery, delivery trucks, or power plant, shortage of fuel, "Acts of God", riot, rebellion, terrorism, confiscation or seizure by governmental, legal, customs or regulatory authority (including civil legal process), power failure or governmental or municipal order of reduction of power, nor for deterioration or discoloration due to inherent or natural causes or other circumstances beyond Your control. 13. I understand that if for any reason my garment is left beyond the storage period shall be deemed stored for another period upon the same terms and conditions, except that the storage charges may be increased in accordance with Your rates generally in effect. 14. I agree to conform to all rules and regulations as to the deliveries and collection of garments as to storing and withdrawing of merchandise hereunder and with respect to all other matters concerning the storage facility, which may now be in force or hereafter be made by You for the protection and convenience of all of Your customers. 15. It is agreed that this contract contains the entire agreement between Us and that there are no agreements or understandings, oral or written, collateral thereto. |