Terms & Conditions

  1. Storage And Service Rates: It is agreed that the storage rate charged is based upon space occupied by the goods, and upon the declared value herein stated, and for the purpose of fixing such charges the Depositor declares that the value of any container including the contents thereof, transported, received, handled or stored hereunder or later received for the account of said Depositor shall not exceed a value equal to the monthly storage charge pay container.
  2. Terms of Payment: The payment for storage and other charges are due and payable upon the date of this contract then on the first day of each succeeding month thereafter, and where goods are allowed to remain in or out of storage for a fraction of a month’s storage will be charged.  A $5 late fee or 1-1/2% late charge per month after the due date shall be applied.
  3. Change of Address: Notice of any change of address of the Depositor must be given by the Depositor to the Company, in writing, and acknowledged, in writing, by the Company on the following monthly statement, and no notice of any change of address shall be valid or binding against the Company, if given in any other manner, and it is hereby expressly understood and agreed that all notices of any nature to the Depositor shall be sent to the latest known address as shown on the face of this contract until such written notice of change is received by said Company, and acknowledged by it in writing on the following monthly statement.
  4. Additions to Storage Lot: Any additional goods hereafter delivered by the Depositor to the Company for storage as a part of this lot while this contract is outstanding shall be subject to the terms and conditions hereof.
  5. Ownership of Goods: The Depositor represents to the Company that the Depositor has the lawful possession of and legal right and authority to store all of the property herein described, and upon the terms and conditions herein set forth, and if there by any controversy or litigation concerning the property, the Depositor agrees to pay all storage and other charges which this Company may incur or become liable for or by judgment be compelled to pay in connection therewith, and this Company shall have a lien on said property for all storage and other charges.
  6. Access: The Depositor, his authorized agents and employees shall have access to the business records in the Company’s depository on all regular business days during regular business hours.  Advance notice will not be necessary unless special facilities will be required.  Authority for an agent or employee of a Depositor to have access to the records shall be in writing and shall be delivered to the Company.  Authority to have access shall be deemed to be an authority to order any and all services for the depositor’s account on any disposition of the business records, whether such order is given in person, by telephone or in writing.
  7. Reference Service: The Depositor agrees to hold the Company harmless from any loss or damage resulting from any unauthorized release of the contents of the records where the unauthorized release was not the result of Company’s negligence, and then liability shall be limited to the maximum amount the Company would be liable to pay on the basis of the Depositor’s declared value in the event of the total loss of all business records stored hereunder.  The Depositor agrees that delivery to any public messenger service, whether selected by the Company or the Depositor shall constitute delivery to the Depositor.
  8. Miscellaneous Cataloguing, Indexing, Etc.: Al miscellaneous services such as cataloguing, indexing, sorting, and arranging the Depositor’s records so that the same are in condition suitable for storage are available under special terms and conditions to be negotiated in writing as the occasion arises.  This work is to be done in accordance with generally accepted business practices existing at the time the work is accomplished.
  9. Service to Stored Goods: Should the Company, in its spie discretion, determine that mothtreating, fumigating, or otherwise treating or handling all or a portion of the business records stored hereunder is necessary for the protection of the business records, or of other goods and business records stored in the depository, it may render such additional service and add its charges therefor to the amount payable by the Depositor hereunder.
  10. Building – Watchman: It is understood that the building is of fire-resistant construction, but no guarantee is given that the contents of same cannot be destroyed by fire.  No night watchman shall be required, or is provided.
  11. General Lien for Charges: This Company shall have a lien upon any and all property deposited with it by Depositor, or on the proceeds thereof in its hand, for all lawful charges for storage and preservation of same or any part thereof, also for all lawful claims for money advanced, interest, transportation, labor, wrapping, weighing, coopering, and all other charges and expenses in relation to such property, or any part thereof, and also for other reasonable charges and expenses for notice and advertisement of sale and for the sale of the property where default has been made in satisfying this Company’s lien.  This lien may be enforced by the Company either by public or private sale with or without a judicial hearing.
  12. Liability of the Company:
    (a) Said goods are accepted for storage at the exclusive risk of the Depositor for damage thereto from fire, deterioration by time, leakage, heat, Acts of God, or any other cause beyond the control of the Company.
    (b) The Company shall not be liable for any representation, understanding or agreement unless in writing and specifically incorporated into this contract.
    (c) The Company shall only be liable for failure to use ordinary care and then only upon the basis of the agreed value of said good.
    (d) All contracts are accepted subject to delays caused by labor troubles, riots, and elements, and no responsibility therefor is assumed by the Company.
  13. Consequentional Damages: The Company shall not be liable for consequential damages from negligent delay or proximately caused by the physical loss or damage to any property, unless specifically set forth in writing on the Company’s shipping order or other document stating the nature and extent of the consequential damages that may be incurred in the event of either negligence, delay or physical loss or damage to the stored property and the Company acknowledges to the Depositor in writing that it agrees to be liable for such consequential damages.
  14. Time for Filing Claims: The Company shall not be liable for the loss of, destruction of, or damage to the goods or any part thereof unless, after the date upon which the goods are delivered, or demand therefor is refused, Depositor:
    (a) Presents a claim in writing to the Company within sixty (60) days after such date and,
    (b) Suit is filed by Depositor or other person(s) entitled to sue within one (1) year after such date.
  15. Use of Bar Codes: The Company allows Depositor use of its bar codes and Depositor hereby agrees to have the Company’s bar codes on each container or file for tracking purposes.  The Company hereby advises Depositor to complete a written or electronic container index form that includes the bar code number, the Depositors container number and container description: also, three copies to be prepared: for the container, for the Company’s files (may be sent electronically) and for the Depositors file.  Bar Codes are the sole ownership of O’Neil Storage Inc. unless purchased by Depositor.
  16. Value of Stored Goods: Depositor declares that the value of any container including the contents thereof, transported, received, handled or stored hereunder or later received for the account of said depositor, shall not exceed a value to the monthly charge per container or shall not exceed a value to all goods stored of SEVEN HUNDRED AND FIFTY DOLLARS ($750.00) of the Depositor, whichever is less.  Depositor at this time may declare additional value.
  17. Depositor Declaration of Value: After having an opportunity to declare higher values and pay a higher rate, Depositor, for the purpose of this contract and irrespective of actual value, hereby declares the value of goods stored, included contents and all goods stored for the Depositor’s account, to be $__________________ at $5 per $1,000.00 per month.
  1. OWNERSHIP OF GOODS: Depositor has represented to the Company that the Depositor has the lawful possession of and legal right and authority to store all of the property herein described, in accordance with the provisions, limitations, terms and conditions herein set forth; and if there be any litigation concerning the property, the Depositor agrees to pay all attorney’s fees, which this Company may reasonably incur or become liable to pay in connection therewith.  This Company shall have a lien on said property for all storage and other Charges and for such costs and expenses.
  2. TERMS OF PAYMENT: Payments for storage and other charges are due and payable upon the date of this receipt and in advance of each succeeding month thereafter, and where goods are allowed to remain in storage for a fraction of a month, a full month’s storage will be charged.  An interest charge, at the legal rate of interest in this state, charged monthly will be made on freight or other charges advanced by the Company.  A like interest charge will be assessed on the entire unpaid balance of the account if storage charges remain unpaid.
  3. ADDITIONS TO STORAGE LOT: Any additional goods hereafter delivered by the Depositor to the Company for storage as a part of this lot while this receipt is outstanding shall be subject to the terms, limitations and conditions thereof.
  4. CORRECTIONS OF ERRORS: Unless notice is given in writing to the Company within fifteen (15) days after either the mailing of this receipt to the Depositor or the delivery of this receipt personally to the Depositor, this receipt and contract will be deemed to be correct, complete and the terms and conditions accepted.
  5. LIABILITY OF COMPANY: (a) It is agreed that said property be moved, packed, stored, shipped, forwarded, or otherwise handled at customer’s risk with respect to damage, loss, or delay caused by extremes of temperature, dampness of atmosphere, fore acts of God or the public enemy, war, insurrection, strikes, labor troubles, riots, earthquake, nature of property or defect or inherent vice therein, deterioration by time, moths, termites, vermin, rodents, leakage and heat.  The Company shall not be liable for damage or injury to pianos, radios, televisions, clocks, refrigerators, stereo equipment or other instruments or appliances in respect to the mechanical functions thereof, whether or not such articles are packed, unpacked, or stored by employees of the Company or by others.  The Company shall not be chargeable with knowledge of the contents of containers or the conditions therein.
    (b) The Company shall not be liable for injury or damage to fragile articles (articles susceptible to breakage or crushing) that are not both packed and unpacked by its employees.
    (c) The Company shall be liable only for its failure to use ordinary care and then only upon the basis of Depositor’s declared valuation of the goods.  The burden of providing negligence or failure to use the care required by law shall be upon the Depositor.
  6. SERVICES TO STORED GOODS: Services required of this Company are limited to storage, packing, moving and shipping, and the Company does not accept responsibility in respect to additional attention or service.  Should the Company, however, in its sole discretion, determine that moth-treating, fumigating, or otherwise treating or handling all or a portion of the goods stored hereunder is necessary for the protection of the goods, or of other depositor’s goods stored in the depository, it may render such additional service and add its charge thereof to the amount payable by the depositor hereunder.
  7. FULL VALUE PROTECTION OR INSURANCE: Goods are not insured by the Company.  If insurance or Full Value Protection is desired the Depositor must make a written request, specify the kind of coverage desired and pay the premiums or any additional charges thereon.  If the amount of coverage desired and ordered is less than the true value of the property, the Depositor becomes a co-insurer or a co-holder of Full Value Protection.  Where the value of anyone article exceeds $500.00, a specific mention must be made thereof.
  8. BUILDING – WATCHMAN: No warranty or representation is made that any of the Company’s depositories are fireproof or that the goods stored therein cannon be destroyed by fire. The Company shall not be required to maintain a watchman.
  9. DELIVERIES AND ACCESS TO GOODS: The goods deposited hereunder will be ready for delivery of access during regular working days, on 24 hours notice from the Depositor or any other specified person on his or her behalf on presentation of written authority executed by said Depositor and providing that all storage and other charges owing to the Company are paid in full.  No transfer of this receipt will be recognized unless all charges are paid and said transfer is entered in the books of the Company and a charge paid therefor.  A warehouse labor charge will be made for placing goods in storage and for removing to platform for delivery.  An additional charge will be made for all access to or part delivery of goods.
  10. CHANGE OF ADDRESS: Notice of any change of address of the Depositor must be given by the Depositor to the Company, in writing and acknowledged in writing by the Company on the following monthly statement and no notice of any change of address shall be valid or binding against the Company, if given in any other manner, and it is hereby expressly understood and agrees that all notices of any nature to the Depositor shall be sent to the latest known address as shown on the face of this warehouse receipt until such written notice of change is received by said Company, and acknowledged by it in writing on the following monthly statement.
  11. WAREHOUSEMAN’S LIEN: The Company shall have a lien upon any and all property deposited with it by Depositor, or on the proceeds thereof in its hand, for all lawful charges for storage and preservation of interest, transportation, labor, wrapping, coopering and all other charges and expenses in relation to such property, or any part thereof, and also for all reasonable charges and expenses for notice and advertisement of sale and for the sale of the property where default has been made in satisfying this Company’s lien.  This lien may be enforced by the Company at any time either by public or private sale of the goods with our without a judicial hearing.
  12. TIME FOR FILING CLAIMS – ARBITRATION: (a) The Company shall not be liable for the loss, destruction, or damage to the goods or any part thereof unless a claim in writing therefor is presented to the Company within fifteen (15) days after the delivery of the goods or refusal of demand therefor or within thirty (30) days after written notice of the loss or damage to the goods is mailed to the Depositor at the last known address.
    (b) Any disputer or claim arising out of or for the breach of this agreement or in connection with the property stored hereunder, whether founded in tort or contract, shall be settled by arbitration under the Arbitration Law of this state and under the rules of the American Arbitration Association, provided, however, that upon any such arbitration, the arbitrator may not vary, modify or disregard the provisions contained herein, including those respecting the declared or agreed valuation of the goods and the limitation of liability of the Company.  The award may be entered as a judgement of a court of record in the county where the award is made.  The Depositor and the Company shall share equally the cost of arbitration.  Court costs shall be borne by the losing party.

It is hereby agreed that this document constitutes the whole contract between the parties and that there are no other terms, warranties, representations, or agreements of either depositor or Company not herein contained.

O’Neil Storage Copyright © 2018 All Rights Reserved. 2061 Ritchey Street, Santa Ana, CA 92705

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Warranties
THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL O’NEIL STORAGE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST DATA OR PROFITS), OR ANY OTHER DAMAGES WHATSOEVER WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. THIS INFORMATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

2061 Ritchey Street
Santa Ana, CA 92705

714.258.7770 Tel
714.258.7160 Fax

info@oneilstorage.com

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