FIRST
By virtue of this contract "BOX2BOX" will provide "THE CLIENT" with the service of storing movable goods in its facilities (warehouses) located at CARRETERA ESTATAL TEQUISQUIAPAN 200 KM, GLOBAL PARK, EL MARQUES, QRO, 26246, where they will remain safeguarded during the time the deposit lasts, so "THE CLIENT" accepts that their goods subject to this contract be deposited and safeguarded by "BOX2BOX" in the facilities mentioned in the previous paragraph.
SECOND
"THE CLIENT" undertakes to pay "BOX2BOX" the AGREED AMOUNT FOR THE CONTRACTED M2, monthly, for the provision of the GOODS storage service, subject of this contract; in addition to covering with twenty-four hours advance notice THE SIGNAL PAYMENT, whose cost is $500.00 (Five Hundred Pesos 00/100 MN) which originates from the service contracting.
The payment of the STORAGE SERVICE and the TRANSPORTATION payment must be made by "THE CLIENT" at the time this contract is signed, either in cash or with credit or debit card, and only in exceptional cases, the payment may be made by electronic transfer to the bank account indicated below, in which case they are obliged to deliver to "BOX2BOX" the corresponding receipt, to validate said payment and, if applicable, issue the corresponding invoice.
BANK: BBVA MEXICO, S.A.
ACCOUNT HOLDER: GRUPO BOX2BOX MEXSTORANGE, S.A.P.I. DE C.V.
ACCOUNT NUMBER: 0120332984
INTERBANK CLABE: 012180001203329848
In case of non-compliance with timely payment, "THE CLIENT" undertakes to pay "BOX2BOX" a default interest at the rate of 4% (four percent) monthly on outstanding balances.
Every month of storage is mandatory for "THE CLIENT" obliging them to pay it in full even if the deposit of their GOODS lasts one day or part of the month.
THIRD
In the case that "THE CLIENT" fails to comply with the payments to which they are obliged according to CLAUSE SECOND or refuses to pay the debt generated or refuses to withdraw or abandons their GOODS, they EXPRESSLY AUTHORIZE "BOX2BOX" to evict and/or remove the GOODS from the facilities where they are deposited, so "THE CLIENT" has a maximum period of ten natural days counted from when they receive the notification and/or notice sent to their email, to appear to pay the amount owed, the default interest generated to that date, any other amount they owe, as well as to withdraw their GOODS; otherwise, from the eleventh day "BOX2BOX" can freely dispose and without any responsibility of the GOODS, understanding that they can sell them, dispose of them (throw them in the trash), donate them or destroy them, whatever best suits their interests.
FOURTH
The duration of this goods storage contract will be three mandatory months for "THE CLIENT", said period may be extended as many times as necessary by prior written agreement between "THE PARTIES", as long as "THE CLIENT" is current in the payment of their monthly installments.
FIFTH
"THE CLIENT" agrees and authorizes that "BOX2BOX" transfer the GOODS subject to deposit to the facilities designated for such purpose, which are mentioned in the first clause of this instrument.
SIXTH
"THE CLIENT" acknowledges that the "GOODS" subject to deposit are of their legitimate ownership and lawful origin so they can freely dispose of them, by virtue of the fact that they do not have and/or are not subject to limitation or restriction by any authority, so they release "BOX2BOX", as well as its shareholders, directors, managers, employees and agents, from any civil, administrative, fiscal or criminal responsibility.
Likewise "THE CLIENT" acknowledges that among the GOODS subject to deposit there are no credit titles, executive titles, securities or documents that accrue interest, nor dangerous materials, flammable materials, toxic, garbage, waste, drugs, narcotics, prohibited and/or controlled substances, in any form or presentation, nor are there goods whose commercialization, possession, transportation and/or storage requires special permission, firearms, bladed weapons, goods that have been used to commit any crime, goods that emit odors, liquids, edible items, food, perishable goods, plants, living beings, fungi, bacteria, microorganisms, goods that have been introduced into the national territory unlawfully, or goods that "THE CLIENT" is prevented by court order from delivering in deposit.
SEVENTH
"THE CLIENT" acknowledges that "BOX2BOX" at the time of receiving the GOODS did not carry out a detailed review of them that would allow verifying the veracity of the inventory indicated in ANNEX 1, so "BOX2BOX" will only be responsible for the custody of those goods expressly described in the aforementioned ANNEX 1 and that have been effectively reviewed and received by "BOX2BOX".
"THE CLIENT" agrees that "BOX2BOX" can use X-rays, detector dogs, metal detectors or any other means it uses for review and adequate custody of the GOODS, validating within its possibilities and attending to secrecy, that among the GOODS delivered for deposit there is no illegal GOODS of those indicated in the second paragraph of the previous clause that puts at risk the security of "BOX2BOX", the facilities and/or its workers.
Derived from the review that "BOX2BOX" performs, if it finds any of the GOODS described in the second paragraph of the previous clause, it will be authorized to notify the corresponding authorities and, if necessary, open the packages where the GOODS are stored, so that they can be subjected to a thorough review, without the need to have the authorization and/or presence of "THE CLIENT".
EIGHTH
"THE CLIENT" states that none of the deposited GOODS require special care, so said GOODS can remain within the assigned warehouse without the need for "BOX2BOX" to provide special care or attention, for which reason "BOX2BOX" is released from any claim for damages and/or losses.
NINTH
"THE CLIENT" constitutes a pledge guarantee on the deposited GOODS as guarantee of compliance with their obligations in favor of "BOX2BOX", contracted under this document, so in case of non-compliance with the payment obligation or withdrawal of the GOODS after the validity period of this contract has concluded "BOX2BOX" may execute the pledge guarantee by putting it up for sale and with the proceeds from said sale cover first the default interest generated; secondly cover the general and legal expenses that arise from the transfer and/or eviction of the goods and thirdly cover the debt generated by the non-compliance of "THE CLIENT".
TENTH
Prior to the termination of the mandatory period of this contract "THE CLIENT" may request from "BOX2BOX" the return and/or withdrawal of their GOODS, with FIFTEEN natural days advance notice to the date indicated for withdrawal, indicating the address, day and time at which they must be delivered by "BOX2BOX", in which case the "CLIENT" undertakes to personally receive the GOODS.
Once the request for home delivery of GOODS is received, "BOX2BOX" will have THREE natural days to inform "THE CLIENT" of the cost of the home delivery service of GOODS, whose cost must be covered by "THE CLIENT" within the following THREE days, otherwise it will be understood that "THE CLIENT" has canceled their request for home delivery service; consequently they are obliged to collect the GOODS at the LOCATION where they remain deposited after payment of the service provided; once the debt is covered "BOX2BOX" will notify "THE CLIENT" of the date and time of delivery of the GOODS.
In the case that "THE CLIENT" does not come to collect their GOODS, "BOX2BOX" is free to proceed according to what is established in the final part of the third clause of this contract.
ELEVENTH
"THE CLIENT" agrees and accepts that "BOX2BOX" will not be responsible for the deterioration or damage that the GOODS may suffer, derived from natural disasters (earthquakes, earthquakes, fires, etc.) or fortuitous cases (armed attacks, rebellion).
In case that "THE CLIENT" requests the return of the GOODS and does not appear at the LOCATION to withdraw them on the day and time indicated by "BOX2BOX", it will be understood that it is their desire to continue with the storage service, so the GOODS will be returned again to the LOCATION for which an additional unloading charge equivalent to the amount for the home delivery service will be generated, a cost that must be covered by "THE CLIENT" within the TWO natural days after said event occurs.
If "THE CLIENT" fails to pay the service mentioned in the previous paragraph "BOX2BOX" may terminate this contract early, in which case it will notify "THE CLIENT" via email with FIVE natural days advance notice to cover the existing debt to that date, as well as the default interest and a conventional penalty equivalent to the monthly amount of the storage service and withdraw their GOODS, so in case of not paying and not withdrawing their GOODS, BOX2BOX, may proceed without any responsibility to sell them, dispose of them (throw them in the trash), donate them or destroy them, whatever best suits their interests, in addition to "THE CLIENT" being reported to the Credit Bureau, as a delinquent debtor.
TWELFTH
"THE CLIENT" accepts and undertakes to pay "BOX2BOX" at the time of requesting the service the amount of $500.00 (Five Hundred Pesos 00/100 MN) for SIGNAL PAYMENT, which under no circumstances will be refunded; said payment must be made in cash or with credit or debit card.
THIRTEENTH
In relation to transportation for the transfer of GOODS "THE CLIENT" must deliver to "BOX2BOX" a list of all the GOODS that will be deposited; they must also deliver photographic evidence of all deposited GOODS, so that "BOX2BOX" can determine the TRANSPORT UNIT it will use to transfer said GOODS from "THE CLIENT's" location to "BOX2BOX's" facilities; the above in order to perform the service satisfactorily.
In the case that "THE CLIENT" adds more GOODS than those indicated, without prior notice, "BOX2BOX" is authorized to i) cancel the service, ii) request another support transport unit, which will be charged to "THE CLIENT" in full according to the agreed price for the initial service.
FOURTEENTH
"THE CLIENT" undertakes to pay the transportation cost agreed with "BOX2BOX", prior to the collection of the GOODS; they must also pay the amount of the chosen and/or contracted rate or plan; likewise "THE CLIENT" commits to pay the total monthly installment that corresponds to them, on the date indicated by "BOX2BOX"; in case of non-compliance they are obliged to pay default interest at the rate of 4% (four percent) monthly on outstanding balances, which will be demandable ONE week after the non-compliance occurs.
FIFTEENTH
For the return and/or delivery of GOODS to proceed, "THE CLIENT" must be current on all their payments; they must also settle with 24 (Twenty-four) hours advance notice the total transportation cost.
In case that "THE CLIENT" is not present to receive the GOODS at the agreed place, day and time, an extraordinary permanence cost will be generated, equivalent to the agreed consideration for the deposit of the GOODS, said extraordinary consideration will be generated with the same periodicity as the initial consideration, so both considerations are totally independent.
SIXTEENTH
"THE CLIENT" accepts and authorizes "BOX2BOX" to conduct a credit investigation of their person, they also accept that, in case of non-compliance in the payment of the storage service, after FIFTEEN days of being in default from the payment date, they be reported to the Credit Bureau as a delinquent debtor.
SEVENTEENTH
"THE CLIENT" authorizes "BOX2BOX" to move the GOODS outside the originally designated location for deposit, in case of fortuitous event or force majeure (fire, earthquake, flood or any other natural disaster), as long as "BOX2BOX" and/or its agents consider such change necessary to safeguard the integrity of the GOODS.
EIGHTEENTH
"THE CLIENT" undertakes to indemnify "BOX2BOX" for the expenses and attorney fees in which it may incur, derived from any litigation undertaken by third parties against "BOX2BOX" and/or its agents, derived from the deposit of the GOODS.
NINETEENTH
"BOX2BOX" commits to preserve as much as possible the GOODS subject to deposit, so it will respond subsidiarily to any claim and compensation that "THE CLIENT" has the right to receive from some Insurance Institution by having an insurance policy, that covers any damage or deterioration caused by negligence of "BOX2BOX"; so in that case, "BOX2BOX" must immediately inform "THE CLIENT" about the accident or event that occurred, so "THE CLIENT" will be obliged to inform "BOX2BOX" if they have any insurance policy that covers the damages suffered in the GOODS.
Regarding GOODS that have been marked as "fragile" in ANNEX 1, "BOX2BOX" will not be responsible for damages or deterioration they may suffer; however "BOX2BOX" has an insurance policy that covers damage and/or total or partial destruction of the deposited GOODS, up to an amount of $60,000.00 (Sixty Thousand Pesos 00/100 MN).
TWENTIETH
"THE CLIENT" acknowledges and accepts that for security reasons they will not be able to access the LOCATION where the GOODS are deposited, however, they may request from "BOX2BOX", once a month, photographic evidence of the physical condition that the GOODS maintain, in which case "BOX2BOX" will have FIVE natural days to obtain and deliver the photographic material, which will have an extra cost, so "BOX2BOX" will inform "THE CLIENT" of the amount they must pay for said service within the TWO days following receipt of the notice by email, otherwise the request presented by "THE CLIENT" will be canceled.
TWENTY-FIRST
"THE PARTIES" agree to treat as CONFIDENTIAL INFORMATION, any information they exchange as a consequence of entering into this contract, so they must refrain from disclosing it to third parties without having prior written authorization from the other party.
Likewise "BOX2BOX" undertakes to take the necessary measures to safeguard "THE CLIENT's" personal data in accordance with the provisions of the Federal Law on Protection of Personal Data in Possession of Individuals.
TWENTY-SECOND
"THE CLIENT" authorizes "BOX2BOX" to practice any notification or communication related to this contract to the email indicated in section E of section II of declarations of this instrument.
TWENTY-THIRD
For the interpretation and execution of this contract "THE PARTIES" expressly submit to the laws and jurisdiction of the courts of Mexico City, waiving any other forum or jurisdiction that might correspond to them by reason of their present or future domiciles or for any other cause.