NOW THEREFORE in consideration of the recitals, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows.
1. During the term of this Agreement, DGCR agrees to store the Property in safe keeping at its storage facility at 82855 Market Street Bldg F/6 Indio, CA. DGCR and acknowledges that it has inspected the Property prior to storing same and acknowledges that the Property is in generally good condition and working order with the exception of,
2. DGCR agrees to exercise reasonable care to protect the Property from theft or damage, and shall maintain adequate insurance to protect the Owner from any loss or damage caused by DGCR’s negligence. DGCR assumes no liability for loss, damage or destruction of any kind to the Property, whether due to theft, accident or otherwise, except to the extent any damage is caused or attributable to the negligence of DGCR. DGCR assumes no liability for the loss of any articles left in the Property.
3. Subject to the terms of this Agreement, title to the Property shall at all times remain in the name of the Owner. Nothing contained in this Agreement shall be construed or interpreted as conveying title to, or any interest in, the Property to DGCR
4. As consideration for storing the Property, the Owner shall pay to DGCR a fee in the amount of $
plus a onetime P/U Deliver charge of $50.00 (Saturday/Sunday $100.00) which shall be paid within ten (10) days of the invoice by DGCR. In the event Owner fails to make payment in a timely manner, a late charge equal to ten percent (10%) of the monthly storage fee shall be imposed if payments is not received within five (5) days of the date payment is due.
5. This Agreement will have an initial term of
months. Thereafter, either party can terminate this
Agreement at any time upon thirty (30) days prior written notice to the other party. DGCR shall have the right to retain the Property until it has been paid in full for the services provided under this Agreement. Upon receipt of such payment, DGCR agrees to return the Property to the Owner in the same condition as the Property was received. Owner acknowledges that DGCR will not service or maintain the Property, included but not limited to washing, battery charging or tire inflation. If the Owner fails to pay and/or retrieve the Property within ninety (90) days after expiration of the term of this Agreement, then:
a) the storage charges payable by the Owner to the DGCR under this Agreement shall be increased to 150% of the amount specified in this Agreement from and after the date of termination of this Agreement, and
b) DGCR may, in addition to any other right or remedy it may have in law, dispose of the Property in accordance with the law, and apply the proceeds thereof to any storage charges payable under this Agreement.
6. All notices which may be or are required to be given by any party to the other under this Agreement, shall be in writing and (i) delivered personally, or (ii) sent by prepaid courier service or registered mail with acknowledgement of receipt to the parties at their respective addresses first above mentioned.. Any such notice so given shall be deemed conclusively to have been given and received when so personally delivered, by courier or on the fifth day, in the absence of evidence to the contrary, following the sending thereof by registered mail. Any party may from time to time change its address hereinbefore set forth by notice to the other parties in accordance with this paragraph.
7. This Agreement supersedes all prior agreements and understandings and may only be modified in writing and signed by both parties.
8. This agreement may not be assigned by the Owner without prior written consent of DGCR.
9. Except as specifically set forth herein, no person other than the Owner shall be authorized to retrieve the Property from storage.
10. This Agreement shall be governed by and construed in accordance with the laws of the State of California.