SWARTHMORE STORAGE TERMS OF SERVICE
THESE TERMS OF SERVICE (THESE "TERMS OF SERVICE") GOVERN YOUR PURCHASE OF ANY MOVING MATERIALS OR SERVICES OFFERED BY SWARTHMORE STORAGE, INC. ("SWARTHMORE STORAGE", "US" OR "WE") THROUGH WWW.SWARTHMORESTORAGE.COM (THE "SITE") OR BY TELEPHONE, FACSIMILE OR E-MAIL. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE, WITHOUT LIMITATIONS OR QUALIFICATIONS OF ANY SORT. THESE TERMS OF SERVICE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME IN OUR SOLE DISCRETION. YOU SHOULD PERIODICIALLY REVIEW THESE TERMS OF SERVICE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.
Date Last Modified: April 13, 2012
Swarthmore Storage, among other things, provides moving and storage services to its customers. At a general level, Swarthmore Storage delivers boxes and packing tape to its customers, picks up packed and sealed boxes and refrigerators from such customers at a pre-scheduled time, and delivers all such items to a self-storage unit. Items stored in the self-storage unit are delivered to the customer or a designee of the customer on a pre-scheduled date at a location on or near the Swarthmore College campus which has been selected by the customer. In addition, Swarthmore Storage offers its customers the option of shipping boxes to Swarthmore Storage during the summer months, which boxes will be stored by Swarthmore Storage in a self-storage unit and delivered to the customer on a pre-scheduled date at a location on or near the Swarthmore College campus. Services are, for the most part, selected by customers, scheduled and ordered through the Site. The services offered by Swarthmore Storage are more specifically described on various pages of the Site - you should review those pages to gain a better understanding of the services offered and the pricing associated with such services.
These Terms of Service will govern our sale of moving supplies and/or services to you, and by placing an order with us you agree to be bound by these Terms of Service with regard to that order. The preprinted terms of any documents that you may submit to us in conjunction with an order for services will not alter, change or add to these terms, regardless of how we acknowledge or accept your order and regardless of the fact that such preprinted terms may contain language stipulating that they supersede these Terms of Service. All orders are deemed to have been placed and accepted in Pennsylvania. All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you without our consent. We reserve the right to reject or cancel any order at any time in our sole discretion.
In addition to the foregoing, you will be required to complete and execute certain moving and storage forms provided by Swarthmore Storage which forms will include, without limitation, a listing of the boxes being shipped and/or stored through Swarthmore Storage. The terms of these Terms of Services shall be deemed to be incorporated by reference into any such forms provided by Swarthmore Storage.
Availability of our services are subject to change without notice.
Prices for the services and any materials purchased from Swarthmore Storage shall be those prices published on the Site from time to time. We reserve the right to increase the price for any service or material without notice to you (provided, that we will not increase prices for services or materials which have previously been ordered by you but not yet delivered or provided, as applicable). We are not responsible for any errors on the Site. In the event a service is listed at an incorrect price due to typographical, photographic or technical error, we reserve the right to refuse or cancel any orders placed for that service listed at the incorrect price. Prices for services other than those published on the Site will be arranged privately between Swarthmore Storage and individual customers.
In addition to the prices published on the Site, by placing an order, you agree to return any unused boxes, tape rolls still containing tape, and any other unused or partially used packing supplies provided by Swarthmore Storage, or pay a $5.00 cancellation fee for each such item.
Late orders and rescheduling of services may be subject to additional fees.
All prices are net of any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how denominated. You shall pay all such taxes or charges.
We accept payment by Intuit Payment Network, a free, online bank transfer system. You will be billed shortly after your boxes have been picked up. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers or similar measures with your bank, and you agree to indemnify us for any expenses or damages we may suffer on account of the initiation by you of any such charge refusal or charge-back or similar measures. In addition to our other rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments owing to us. You agree to pay, in connection with any past due balance, (i) a late payment charge of 10% per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, credit card processing fees, court and arbitration costs, and attorney's fees. We are permitted to restrict payments to payment by other methods (such as check, credit card, or cash) at our discretion at any time by sending e-mail notification to the applicable customer.
You are solely responsible for all shipping costs to the extent you elect to have Swarthmore Storage deliver your items to a courier for shipment, or ship items to Swarthmore Storage. You will be responsible for any loss or damage to a item once we give it to FedEx, UPS or any other carrier for delivery, and while any carrier has an item you ship to us before it reaches us. It is your responsibility to provide accurate contact information to Swarthmore Storage that allows us to contact you in connection with any deliveries to you. Swarthmore Storage will use commercially reasonable efforts to meet pre-scheduled delivery dates, however we shall not be liable for any damages, costs or expenses arising out of any late or re-scheduled delivery.
Neither Swarthmore Storage, nor any of its owners, officers or agents, shall be liable for any damages, costs or liabilities arising out of any damage to any of your belongings except to the extent (i) a box which has been properly packed by you suffers material damage visible from the outside of the box, (ii) such damage occurred during the period beginning after such box was loaded onto a Swarthmore Storage truck and ending with such box either being delivered to the applicable carrier or to you on the date and at the location selected, and (iii) such damage was caused by Swarthmore Storage during transit. Any claims regarding damaged goods must be submitted to Swarthmore Storage in writing, together with a detailed description of the damage suffered, no later than 2 business day following the date of delivery to you or drop-off with the selected carrier (as applicable). Claims submitted after this time will be null and void.
Except as explicitly set forth herein, WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR RESPECTING NON-INFRINGEMENT OR AS TO THE ACCURACY OF ANY CONTENT IN ANY SWARTHMORE STORAGE LITERATURE OR POSTED ON THE SITE.
Limitation of Liability
NEITHER OF US SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE FOREGOING, IN THE EVENT YOU ELECT TO HAVE SWARTHMORE STORAGE DELIVER BOXES OR ANY OTHER ITEMS TO YOUR DORM ROOM OR ANY OTHER LOCATION IN ADVANCE OF YOUR ARRIVAL, YOU HEREBY FULLY AND FINALLY RELEASE SWARTHMORE STORAGE, TOGETHER WITH ITS OWNERS, OFFICERS, DIRECTORS AND AGENTS, FROM ANY AND ALL CLAIMS, EXPENSES, DAMAGES AND/OR LIABILITIES RELATED THERETO (INCLUDING, WITHOUT LIMITATION, THEFT BY A THIRD PARTY AND/OR DAMAGE TO ANY BOX OR ITEM FOLLOWING DELIVERY).
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE AGGREGATE AMOUNT PAID BY YOU TO SWARTHMORE STORAGE DURING THE 1-YEAR PERIOD IMMEDIATLEY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. In cases of material shortages we reserve the right to allocate the delivery of affected materials as we see fit. The time for performance shall be extended by the period of the applicable force majeure event.
You hereby recognize Swarthmore Storage's intellectual property rights in its name, the Site and all other intellectual property owned by Swarthmore Storage, and nothing herein shall be deemed to assign ownership of any such intellectual property to you.
Neither of us shall be deemed to be the agent or legal representative of the other for any purpose whatsoever. We are independent contractors and neither of us shall represent or hold ourselves out in any other capacity.
Compliance with Laws
Each of us agrees to comply with all laws and regulations applicable to our respective performance under these Terms of Service and in the conduct of our business operations and to be responsible for obtaining any approvals or licenses necessary to maintain such compliance.
You may not assign these Terms of Service, by operation of law or otherwise, without our prior written consent. Any assignment attempted in violation of this provision shall be void and of no legal effect.
Representations and Warranties
You hereby represent and warrant that you have the authority to enter into this agreement and that these Terms of Service are binding on you.
These terms and conditions shall be governed and construed in accordance with the laws of the state of Pennsylvania excluding its choice of law provisions.
We agree to attempt to resolve any disputes amicably through our respective representatives. If, after thirty (30) days we are unable to do so, then we each agree that any claim or controversy of any sort relating to our agreement shall be determined by arbitration in Delaware County, Pennsylvania, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these Terms of Service. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in Pennsylvania. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude either of us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
These Terms of Service and any forms provided by Swarthmore Storage in connection with the services provided hereunder represent our entire agreement with respect to your order. No modification or amendment or waiver of rights will be effective except in a written document signed by both of us. Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. We reserve the right to alter or change these Terms of Service at any time with respect to future orders that you may place with us.
If any provision of these Terms of Service are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Service and the validity of the remainder of these Terms of Service shall not be affected thereby.