Terms And Conditions For The Supply Of Storage Services

1.INTRODUCTION

1.1 We operate the website www.vaultra.ca (“our site”). We are Vaultra Now Inc., an Ontario corporation with its principal business office located at 85 Scarsdale Rd #302, North York, ON M3B 2R2 (“we”, “our”, “us”, or “Vaultra Storage”).

1.2 If you are a consumer then references in these terms and conditions (the “Terms”) to “you” are to the individual using our site and the Services for private and non-commercial purposes.

1.3 These Terms (together with our Privacy Policy) tell you information about us and the legal terms and conditions upon which we provide the storage services detailed on our site (the “Services”) to you. The Terms and Privacy Policy are together the “Agreement”.

1.4 Please read these Terms carefully and make sure that you understand them before ordering any Services.

1.5 A copy of these Terms can be printed or saved to your computer for future reference.

1.6 These Terms may be amended from time to time as set out in section 12. Every time you wish to order services, please check these Terms to ensure you understand the terms which will apply at that time. We have the right to update these Terms any time without notice. These Terms were most recently updated on June 01,2021.

1.7 In these Terms:

1.7.1 “Bulky Items” means items stored with Vaultra Storage that are not packed in boxes or Storage Bins.

1.7.2 “Customer Account” means a customer account which has been opened by you through our site in respect of Services and is identified by way of an allocated account number generated by us.

1.7.3 “Item Plan” means a Vaultra Storage service plan selected by a customer which requires the storage of a Storage Bin, Small Box, Bankers Box, Medium Box, Large Box, Extra-Large Box, Set of 4 Tires, Bulky Item, Extra Bulky Item, Super Bulky Item, Ultra Bulky Item (each as described on our site) at one of the Vaultra Storage facilities.

1.7.4 “Item Plan Items” means Items that you store with Vaultra Storage pursuant to an Item Plan.

1.7.5 “person” means any individual, sole proprietorship, limited or unlimited liability corporation or company, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, body corporate, joint venture, trust, pension fund, union, governmental authority, and a natural person including in such person’s capacity as trustee, heir, beneficiary, executor, administrator or other legal representativeincludes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.7.6 “Return Request” means a request by you for us to return Items to you from our storage facility in accordance with section 3.1.9.

1.7.7 “Storage Bin” means a commercial strength plastic bins sized 27”x17”x12” with attached flip lid provided by Vaultra Storage.

1.7.8 “Storage Items” means “Storage Space Plan/Item Plan Items”, and includes Bulky Items (as applicable).

1.7.9 “Storage Space” means a designated private storage area within a Vaultra Storage facility with the following cubic feet dimensions: 5x5x8, 5x10x8, 10x10x8, 10x15x8, or 10x20x8. 

1.7.10 “Storage Space Plan” means a Vaultra Storage service plan selected by a customer with respect to the rental of Storage Space within a Vaultra Storage facility.

1.7.11 “Storage Space Plan Items” means items that you store with Vaultra Storage pursuant to a Storage Space Plan.

1.7.12 “Tax” means general sales tax, provincial sales tax, or harmonized sales tax, as applicable.

1.7.13 A reference to a party includes its successors or permitted assigns.

1.7.14 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or reenacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.7.15 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.7.16 A reference to “in writing” or “written” includes emails.

2.IF YOU ARE A BUSINESS CUSTOMER

This section 2 only applies if you are a business.

2.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Services under an Order (as defined in section 3).

2.2 The Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.

2.3 You acknowledge that in entering into the Agreement you do not rely on any statement, representation, assurance, or warranty that is not set out in the Agreement and agree that you will not have any claim for innocent or negligent misrepresentation based on any statement in the Agreement.

3.THE ORDER PROCESS

3.1 The Services will be performed in accordance with the process set out in this section 3.

3.1.1 You shall open a Customer Account.

3.1.2 You shall select a password as part of the registration process to open your Customer Account. You must use all reasonable steps to keep your password confidential and must inform us if you suspect or discover that your password has become known to someone else.

3.1.3 You shall use your Customer Account to place an Order for the Services in accordance with the process outlined on our site (an “Enquiry”).

3.1.4 We will confirm our acceptance of your Enquiry by sending you an email confirming the information you included in your Enquiry (at which point your Enquiry will become an “Order”). This Agreement together with the Order will become legally binding on you and us when we send you the email confirmation and each Order will incorporate the Terms and will be a new and separate contract between you and us. However, to the extent that your Enquiry includes Bulky Items, this Agreement and such Enquiry will only become an Order and legally binding in relation to such Bulky Items once the delivery driver has agreed to accept your Bulky Items and such Bulky Items have been loaded onto the delivery vehicle.

3.1.5 Subject to section 4, we will deliver the Services set out in the Order at the specified time and to the address specified in the Order.

3.1.6 You shall pack the Storage Items each in accordance with section 4 below.

3.1.7 We will collect the Storage Items (for certainty, with respect to any Bulky Items, subject to our approval, and for which an additional charge may be applicable due to size or otherwise (please see sections 5.10 Annex A for details)), at the time and from the address specified in the Order, and we will store them for you. If, except due solely to the fault of Vaultra Storage, we have to return to your specified address to complete the collection, further charges may apply pursuant to Annex A.

3.1.8 If no one is available at your address when we come to collect the Storage Items, we will leave you a note telling you of this. Please contact us (doortodoor@vaultra.ca) to rearrange collection. We reserve the right to refuse to recollect more than once if an initial recollection fails through no fault of our own.

3.1.9 We will store your Storage Items until such time as you submit a Return Request through your Customer Account via our site: doortodoor@vaultra.ca

3.1.10 Subject to section 4, following receipt of a Return Request, we will return your Storage Items at the time and to the address specified in such Return Request.

3.1.11 if:

  • you have elected an immediate collection of empty Storage Bins, within 15 minutes of the Storage Bins containing Storage Items being returned to you, you must remove all Storage Items and return the empty Storage Bins to the delivery driver;
  • you require more time, an hourly rate of $130.00 per hour will be charged at 15-minute intervals;
  • you have elected a collection for a later date of empty Storage Bins, you must remove all Storage Items from the Storage Bins and arrange for the Storage Bins to be collected on the date specified in your Return Request, and a rental fee will be applied as referenced in Annex A.

4.COLLECTION, DELIVERY, AND RETURN OF STORAGE ITEMS

4.1 We will not deliver or return Storage Items to an address which is not within one of the delivery areas specified on our site as updated from time to time unless we agree to do so in writing.

4.2 If you are a consumer, we will only deliver or collect Storage Items to or from your private residential address. If you are a business, we will only deliver or collect Storage Items to or from your office/business address. Deliveries or returns to any other address are subject to our express prior written approval.

4.3 Times given for delivery, collection, or return are estimates only and we will not be liable for any delay in delivery, collection, or return.

4.4 Any Return Request obtained by us in respect of the return of Storage Items shall be conclusive as to time and place of return of the relevant Storage Items.

4.5 You are responsible for ensuring that:

  • we and/or our contractors have such access (including free parking facilities) as may be reasonably required to carry out the Services;
  • either you or your authorized representative (as specified in the Order) are present during the delivery, collection, and return of the Storage Items;
  • you have provided us with your up-to-date contact details in your Customer Account;
  • the Storage Items are securely and safely packed and protected, so as not to cause any damage or injury to:
  • the Storage Items;
  • the Storage Space;
  • our property, employees, agents, contractors, or customers; and/or
  • any other Storage Items, property, or persons;
  • all box or Storage Bin lids can be shut once packed. The delivery or collection driver may refuse to accept a box or a Storage Bin that does not shut and/or require you to purchase further boxes and/or Storage Bins; and
  • all boxes and Storage Bins are correctly sealed at the time of pickup (the Storage Bins in accordance with the instructions provided including the use of the provided tamper-proof seals), and you may incur further charges pursuant to Annex A for failing to comply with your responsibilities under this section 4.6.

4.6 All Storage Items that you wish us to store must be packed by you, and we will not accept any type of open container for such Storage Items. If an exception is made it must be approved for storage by Vaultra Storage and pricing for such is at Vaultra Storage’s discretion.

4.7 Packed Storage Items must not exceed a maximum weight limit of 50 pounds per Storage Bin or box. We will refuse to accept any packed Storage Items that exceed such weight limit.

4.8 If your Order includes Bulky Items, you are responsible for packing such Bulky Items appropriately and we are not responsible for any damage due to inappropriate packing.

4.9 Where you do not comply with the requirements of section 3.1.11 above (timeframe for removal of Storage Items from a Storage Bin (if applicable)), you will incur an additional rental charge for any Storage Bins that you have retained as detailed in Annex A. Storage Bins can be purchased for $25.00+HST per bin.

5.THE ITEMS TO BE STORED

5.1 You shall ensure that throughout the term of this Agreement your Storage Items are and remain your property, or that you have the permission and authority of the person who owns such Storage Items to use the Services in relation thereto.

5.2 We reserve the right to refuse to collect, store, or deliver any Storage Items in our sole and absolute discretion if we believe that:

  • the Storage Items (or the packing thereof) do not conform with the requirements of this Agreement; or
  • the safety or security of any person or property would be put at risk by doing so.

5.3 Storage Items with a value of over $25.00 cannot be stored unless you are willing to accept all liability for such Storage Items to the extent that their value exceeds $25.00. Paid protection plans (the “Protection Plans”) are available for purchase in connection with our Storage Space Plans, but not our Item Plans, as described on our site.

5.4 Anything that requires specialized tools, equipment, or expertise to handle and store safely may not be stored with Vaultra Storage and will not be handled, such as:

  • upright and grand pianos (does not apply to digital keyboards);
  • grandfather clocks and other large mechanical clocks with precision movements;
  • pool tables;
  • aquariums;
  • commercial display cases;
  • commercial appliances including refrigerators and stoves;
  • mechanical beds (unless fully disassembled before pickup);
  • universal workout machines; and
  • generally, anything that might get outside of your box or Storage Bin and harm others, our customers’ and company's property, or our storage facility,

Vaultra Storage reserving the right to make such determination in its sole and absolute discretion.

5.5 The following items are prohibited and may not be stored with Vaultra Storage:

  • perishable and non-perishable food items;
  • living creatures;
  • weapons, firearms, and/or ammunition;
  • any item which emits fumes, smell, or odour; including anything that may attract insects or vermin as well as all hazardous items, toxic materials, items that produce gas or odours, and items that may increase in size or burst;
  • combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer, and cleaning solvents;
  • chemicals, radioactive materials, biological agents, toxic waste, asbestos, and other materials of a dangerous nature;
  • any other toxic, flammable, or hazardous items;
  • dangerous goods as defined in the Transportation of Dangerous Goods Act, 1992(Canada); and
  • any other items, the possession, transport, or storage of which contravene in any way any applicable laws of Canada or any other applicable regulations,

Vaultra Storage reserving the right to make such determination in its sole and absolute discretion.

5.6 Storage of any prohibited items may result in additional fees and penalties, including and up to termination of your Customer Account. Prohibited items that we discover will be quarantined and, at our sole discretion, either disposed of or returned to you, at your sole cost.

5.7 Terms applicable to fragile Storage Items:

5.7.1 Some Storage Items need extra care during transportation and storage. Accordingly, we have policies that govern our storage of Storage Items that could reasonably be called ‘fragile’ (“Fragile Items”), as follows.

5.7.2 Fragile items are not eligible for the coverage provided under our Protection Plans. Vaultra Storage has no liability for certain types of damage as described below. Our liability with respect to Fragile Items is limited as set out in sections 5.3 and 10.

5.7.3 If you choose to store Fragile Items with us, please pack your items carefully so that they are not damaged during transportation or in storage. We recommend padding your items and the inside of Storage Bins or boxes with packing materials such as bubble wrap and packing paper. We reserve the right to, in our sole and absolute discretion, refuse to accept any item that appears insufficiently sturdy or too poorly packed for transit or storage, or we may require that you purchase supplies from us and/or properly repackage items before we will store them.

5.7.4 Furniture that incorporates glass (in a tabletop or anywhere else) must be disassembled so that any glass pieces can be adequately protected. Vaultra Storage reserves the right to refuse to store any glass items that cannot be adequately protected, in its sole and absolute discretion.

5.7.5 Many common household items are Fragile Items, including without limitation all glassware, dishes, ceramics, pottery, ornaments, and crystal.

5.7.6 We consider all electronics to be Fragile Items, including without limitation televisions, computers, tablets, phones, printers, hard drives, and stereos.

5.7.7 We will not be liable for internal derangement. In addition to electronics, the internal workings of musical instruments, appliances, and mechanical devices are also fragile. Since we are not able to certify the condition and internal functionality of electronics, musical instruments, appliances, or mechanical devices before we store them, we are not liable for any mechanical or electrical derangement, defect, or internal damage that may occur.

5.7.8 Particleboard is made from small particles of wood, such as sawdust and wood chips, which are glued and pressed together to form a sheet. Particleboard is weaker than other furniture materials, like plywood or solid wood. Particleboard items are unable to be packed securely for commercial transport unless completely disassembled and repackaged. For these reasons, we consider all particleboard items Fragile Items. Many particleboard items are covered by a wood veneer, and we may not be able to identify all particleboard furniture as such.

5.7.9 Some materials possess an inherent vice that causes them to corrode or degrade over time or makes them susceptible to damage from atmospheric changes in temperature and humidity. Items containing these materials are considered Fragile Items. We disclaim all liability for damage arising from the inherent vice of materials and from changes in temperature and humidity, including without limitation the growth of mold and mildew.

5.8 Storage Items that require a Fragile Item waiver:

5.8.1 The Fragile Item policy above applies whether or not you or a Vaultra Storage employee identifies an item as fragile when it is being picked up. However, for certain items, the likelihood of damage during transportation and storage is especially high, in spite of the precautions we take to keep your items safe. For the purpose of clear communications and setting the right expectations, we may only store certain Fragile Items after you explicitly agree to waive all of Vaultra Storage's liability for potential damages by signing a specific waiver. You must agree to this waiver, understanding that in the event of damage to the item while in the care of Vaultra Storage, you will not be entitled to any compensation through our claims process.

5.8.2 We require waivers for the following items, and may require waivers for other Fragile Items that our team identifies, at their sole discretion:

  • guitars or any musical instruments that are not stored in a hard case;
  • table games (e.g., pinball machines, foosball tables) and arcade cabinets;
  • miscellaneous media (e.g., videotapes, video games);
  • loose electronic items including without limitation servers, oversized stereo receivers, speakers, and computers, but excluding televisions and any other electronic items properly packed in specific boxes that we sell for such items;
  • furniture with mirrors, other glass panels, or glass tops that cannot be disassembled;
  • statues and other fragile large decor (less than 300 lbs.);
  • large or fragile chandeliers (with glass elements);
  • neon signage;
  • large wardrobes that are not disassembled; and
  • oil paintings, other oil-based artwork, or other artwork that is highly sensitive to changes in environment.

If Vaultra Storage chooses to store any of the items above without first requiring a signed waiver, the items are still Fragile Items, with the same limits to liability that are outlined above.

5.9 Storage Items that require professional crating:

In addition to liability for damages, we care deeply about the safety of our employees. Some items pose a safety hazard unless they are packaged in a specific manner. You must have these items professionally packed before we arrive, or we will not be able to store them. At the discretion of our operations team, if the following items are professionally packed and there is no safety concern with handling them, we can apply a Fragile Item waiver to these items as an exception:

  • furniture items where any part is crafted from marble, granite, travertine, or other natural or manufactured stone;
  • slabs of marble, granite, travertine, or other natural or manufactured stone;
  • glass tabletops or mirrors larger than 5 feet in any dimension;
  • items where any part is made from Lucite or any type of acrylic glass (Crylux, Plexiglas, Acrylite, Lucite, and Perspex);
  • any furniture items that are crafted entirely from glass;
  • large, framed artwork (40 inches x 60 inches and larger); and
  • televisions larger than 65 inches, unless in the manufacturer's original box.

 

5.10 Valuables and Special Items - Additional Considerations:

5.10.1 Valuable Documents:

While not prohibited, we strongly advise that you do not store any valuable documents, including any currency, bonds, deeds, stock certificates, IOUs, securities, or stamps; any official personal documents (such as passports, driver’s licenses, visas, birth, or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social insurance number, mortgage number, or a bank account number. This is not an exclusive list of valuable documents or personally identifiable information. Basically, do not store anything that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you go ahead and store valuable documents, to the fullest extent permitted by law, you waive all rights and claims against Vaultra Storage arising in any way from storing these items.

5.10.2 Items of Exceptional Value:

Any item that has a replacement value greater than $25.00 is considered an item of exceptional value. Examples of such items include without limitation fine art, antique furniture, autographed or special-edition books or memorabilia, jewelry, furs, fine musical instruments, digital files, sentimental items, historical artifacts, and all unique or rare items that cannot be replaced or whose value substantially exceeds the cost of a similar new item. If you store these items with Vaultra Storage, we strongly recommend that you take out an insurance policy from a third party to cover the full value of the items. Our liability for loss or damage to these items will be limited by your Protection Plan, should you obtain one, and otherwise as set out in sections 5.3 and 10, and is likely to be much less than the value of the items to you. If you request full protection of an item of exceptional value, your recovery will be limited to the actual replacement value (not collectors’ value or sentimental value) of the item (or an item of similar quality). Moreover, Vaultra Storage reserves the right to determine (at our sole discretion) to refuse to store any item.

5.10.3 Digital Files:

We strongly recommend that you make and retain copies of any digital files before storing them with Vaultra Storage on hard drives, memory sticks, DVDs, or any other digital storage media. Vaultra Storage is not responsible for the loss or corruption of digital files under any circumstances.

5.11 We or any of our employees or contractors may open any Storage Space and the contents thereof at any time if:

  • we reasonably believe that they contain any of the items listed in section 5.5;
  • we are required to do so by any law, court order, or competent authority, including the police or fire services;
  • it is necessary to do so to prevent damage or injury to persons or property; or,
  • we reasonably believe that inappropriate packing materials have been used to package the Storage Items.

5.12 Where Items are in breach of section 5.5:

  • we will be entitled to open, return, pass to any law enforcement authority or government agency (including the police and fire service), or by court order, destroy or otherwise dispose of the Items as we (in our absolute discretion) see fit, and we shall have no liability to you in respect of such Items; and
  • you will be solely responsible for all resulting costs, expenses, and losses incurred by us and shall pay such amounts to us on demand.

5.13 Our acceptance of Bulky Items is at our absolute discretion at the time of collection, is subject to the storage rules for Bulky Items as set out on our site and may be subject to additional charges as set out in Annex A. If we elect not to accept a Bulky Item, your Order will still be valid to the extent that it contains other Storage Items that are accepted by the delivery driver.

5.14 If you have any questions about our storage rules, please contact customer support before your pickup appointment.

6.RESTRICTIONS ON YOUR USE OF THE SERVICES

You shall not:

  • use the Services or our site except as expressly permitted by this Agreement;
  • use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;
  • disrupt, damage, or interfere with the Services or our site in any way; or
  • offer in any manner, sub-license or re-sell the Services, use of or access to the Services and/or any Storage Space, to a third party, for any reason whatsoever without our prior written consent which may be provided or withheld in our sole and absolute discretion.

7.RISK AND INSURANCE

7.1 Subject to section 4.9 above (additional charges for holding on to Storage Bins (if applicable) over allotted time frame), the Storage Bins (other than any of same purchased by you) are our property, and shall be used by you only for the purpose of using the Services in accordance with this Agreement and any Order. Nothing in this Agreement, nor any representation made by any of our representatives, will have the effect of transferring ownership of any Storage Bin to you or any other third party.

7.2 Risk in respect of Storage Items will remain with you at all times.

7.3 We will insure each Storage Item up to a maximum of $25.00, such amount to cover:

  • collection of the Storage Item from the address specified in the Order and transportation of the Storage Item to our storage facility;
  • storage of the Storage Item at our storage facility; and
  • returning the Storage Item to the address specified in your Return Request.

7.4 Other than Storage Space Plan Items, in respect of which we offer Protection Plans at an additional cost (see our site for details), we do not offer additional insurance to that provided in section 7.3 above, and it is your sole responsibility to insure your Storage Items over and above the coverage provided pursuant to section 7.3 and your Protection Plan, if any.

8.PAYMENT AND CHARGES

8.1 The charges for the Services are set out in the Order pursuant to section 3.1.4. If, on arrival of the delivery driver pursuant to your Order, you require more Storage Space than the amount specified in your Order, the charges will be amended accordingly and a receipt confirming the same will be sent to you within a reasonable period thereafter.

8.2 Your use of the Services is on a rolling 28-day (4 week) cycle with charges for the Services payable by credit card in advance as follows:

  • charges for the first rental cycle of storage will be payable on the date on which your Storage Items are collected by our driver pursuant to an Order (the “Initial Payment Date”);
  • charges for subsequent rental cycle’s will be payable every 28 days in advance following the Initial Payment Date; and
  • charges for the rental cycle during which we return your Storage Items to you will be payable in full when you submit a Return Request.

8.3 All charges are exclusive of Tax. If the rate of Tax changes, we may adjust the Tax you pay on the charges, such adjustment becoming effective as from the effective date of the change in the rate of Tax.

8.4 We may review and amend our rental cycle charges from time to time without notice, with such amended charges taking effect immediately in respect of new Orders.

8.5 In addition to the rental cycle charges specified in section 8.2, we may charge reasonable additional charges if any of the events set out in Annex A to this Agreement take place. The applicable additional charges in respect of these events are also detailed in Annex A to this Agreement.

8.6 You shall pay all amounts due under the Order in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set-off, or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

9.FAILURE TO PAY THE CHARGES

9.1 Each Canadian province (except for Quebec) regulates the storage of items. Below is a listing of legislation in Ontario that governs warehousing, including storage, liens, and receipts:

  • Repair and Storage Liens Act(Ontario); and
  • Warehouse Receipts Act(Ontario).

9.2 In the event that you do not promptly pay all sums (including interest) owing from you to us when payable (“Debt”), the above-mentioned legislation provides us with the right to exercise a lien over your Storage Items for the Debt until payment of the Debt in full has been received by us (the “Lien”). The Lien will begin as soon as payment is overdue.

9.3 After we exercise the Lien:

  • you shall pay us fees and charges at the same rates as under these Terms and, if the Agreement has been terminated, the relevant rate at which such fees and charges will be payable by you shall be the rate which was payable immediately prior to termination; and
  • in default of the prompt payment of the Debt, you authorize us to:
  • access the Storage Space and inspect the Storage Items; and
  • hold onto and/or ultimately dispose of some or all the Storage Items in accordance with section 9.3.

9.4 In the event that the Debt is not paid within 60 days following its due date, we will have the right, in accordance with the applicable legislation, to sell the Storage Items and transfer all ownership of the Storage Items to the purchaser of the Storage Items. Before we sell the Storage Items, we will give you notice in writing of, among other things, the amount of the Debt at the date of the notice. We may use the proceeds of sale to pay the costs incurred by us in selling the Storage Items, paying the Debt, paying other lien claimants, paying each claimant with a perfected security interest in the Storage Items, and to hold any balance for you (with no interest accruing to you on the balance), such balance (if any) to be returned you following the sale of the Storage Items.

9.5 If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and the Debt, remaining debt will be forwarded to a third-party collections company for processing.

9.6 We may sell the Storage Items by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, considering the costs of sale, or retain the Storage Items in lieu of a sale in full and final satisfaction of the Debt.

9.7 If the Storage Items cannot reasonably and economically be sold as set forth in section 9.3 above (for any reason whatsoever) or they remain unsold despite our efforts for a period exceeding that required under applicable legislation, you authorize us to treat them as abandoned by you and to either retain the Storage Items in full and final satisfaction of the Debt or gift them to a charity of our choice.

9.8 You will pay our costs incurred in administering the Debt collection and sale process described in section 9.3. These costs will include (without limitation) auction costs, removal costs, cleaning costs, and charges for our own time.

9.9 Without limiting any of our other rights or remedies, if you fail to pay any of the charges due to us by you under this Agreement, late charge scheduling will apply as follows:

Storage Space Plans 

Day 3 late fee - $12.00 - Gate Suspension

Day 5 late fee - $40.00 - Overlock Surcharge

Day 20 late fee - $12.00 - Delinquent Account processing fee 1

Day 30 late fee - $12.00 - Delinquent Account processing fee 2

Day 35 late fee - $250.00 - Auction Inventory of Unit, Auction Scheduling, Auction Sale and Reconciliation of account fee

Item Plans

Day 3 late fee – 10% of Rental Cycle Charges

Day 5 late fee – 10% of Rental Cycle Charges

Day 20 late fee – 10% of Rental Cycle Charges

Day 30 late fee – 10% of Rental Cycle Charges

Day 35 late fee – 100% of Rental Cycle Charges

10.LIMITATION OF LIABILITY

10.1 You acknowledge that we are not aware of the value of your Storage Items, and we recommend that you arrange insurance to cover the Storage Items.

10.2 You must inspect your Storage Items following the return thereof from our storage facility and, if you believe that any Storage Items have been lost or damaged in any way, you must inform us within 24 hours of delivery of the Storage Items about such loss or damage, and we reserve the right to inspect and take pictures of any alleged damage to any Storage Items before you make an insurance claim in relation to such Storage Items.

10.3 We will not be liable to you for any loss, mis-delivery of and/or damage to any Storage Items as a result of:

  • any seizure or forfeiture under legal process;
  • any act, omission, misstatement or misrepresentation by you or your servants or agents;
  • any inherent vulnerability to wastage in bulk or weight, defect, or inherent defect, natural deterioration or fragility of the Storage Items (even if marked “Fragile”);
  • insufficient or improper packing;
  • insufficient labelling or addressing; or
  • you not taking or accepting delivery within a reasonable time after the Order has been tendered.

10.4 If you are a consumer, we only supply the Services to you for your domestic and private use and you agree not to use the Services for any commercial, business, or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 If you are a business: (a) we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information, or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss; and (b) you shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs, and expenses incurred by us or by any of our contractors, carriers, agents, employees, or affiliates which arise out of your use of the Services or your breach of this Agreement.

10.6 Our total liability in respect of the Storage Items, the Services, and/or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, storage, or return, will not in any event exceed the lower of:

  • the cost price of the lost or damaged Storage Item(s);
  • the current replacement cost of the lost or damaged Storage Item(s); and
  • $25.00 per lost or damaged Storage Item.

10.6 In the event of a claim, we will be entitled to require proof of the cost price and the current replacement cost of the relevant Storage Items.

10.7 Except as set out in this Agreement, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

10.8 This section 10 will survive termination of the Agreement.

11.HOW WE USE YOUR PERSONAL INFORMATION

11.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

11.2 We may use location-based services in order to perform the Services as efficiently as possible. Information that we collect from you through the use of these services will be collected and stored in accordance with the terms of our Privacy Policy. By accepting these Terms, you consent to our use of location-based services.

12.OUR RIGHT TO VARY THESE TERMS

12.1 We may revise these Terms from time to time without notice.

12.2 Every time you place an Enquiry, the Terms in force at that time will apply to any corresponding Order.

13.CUSTOMER OBLIGATIONS

You shall ensure that the information you include in your Enquiry is complete and accurate, and that you only purchase Services if you are at least 18 years old.

14.TERMINATION

14.1 You may terminate this Agreement at any time by requesting the return of your Storage Items and paying any outstanding charges due to us.

14.2 We may terminate this Agreement with immediate effect by notice in writing to you if you:

  • fail to pay any amount due under this Agreement, including any late charges accrued, by the date due; or
  • breach of any term of this Agreement.

14.3 We may terminate this Agreement for any reason by giving you not less than 30 days' written notice.

15.CONSEQUENCES OF TERMINATION

Upon termination of this Agreement for any reason:

  • you must contact us (doortodoor@vaultra.ca) within 48 hours to arrange for return of your Storage Items. If within 30 days following termination of this Agreement for any reason you fail to arrange for return of your Storage Items, then we may dispose of such Storage Items in accordance with the provisions of section 9.3;
  • you shall immediately pay to us all of our outstanding unpaid invoices and late charges;
  • the accrued rights, remedies, obligations, and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
  • sections which expressly or by implication have effect after termination shall continue in full force and effect.

16.EVENT OF UNFORESEEABLE INCIDENT

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services that is caused by an Event of Unforeseeable Incident. An “Event of Unforeseeable Incident” means any act or event beyond our reasonable control, including without limitation strikes, lockouts, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic, pandemic, natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures and/or mechanical failure.

16.2 If an Event of Unforeseeable Incident takes place that affects the performance of the Services, we will: (a) contact you as soon as reasonably possible to notify you; (b)not be liable to you as a result of any delay or failure to perform the Services; and (c) use reasonable endeavors to minimize any disruption to the Services.

17.NOTICES

17.1 Notices to you

17.1.1 Any notice given by us to you under this Agreement must be in writing and may be delivered by email, by personal delivery to the person notified or its address, or by prepaid post.

17.1.2 Your address for service of notices shall be your email and/or postal address specified in your Customer Account or any other address in Canada which you have previously notified to us in writing.

17.2 Notices to us

17.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by prepaid post or by email at doortodoor@vaultra.ca 

17.2.2 Our address for service of notices shall be our address set out in these Terms.

17.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.

17.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorized persons, insurance details or access details stated in your Customer Account.

18.ASSIGNMENT AND SUB-CONTRACTING

18.1 We may at any time assign, transfer, mortgage, charge, subcontract, or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party or agent without notice.

18.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.

19.OTHER IMPORTANT TERMS

19.1 All intellectual property rights in or arising out of or in connection with the Services will, as between you and us, be owned by us.

19.2 These Terms are only available in the English language.

19.3 If any of these Terms conflict with any terms of an Order, the Order will take priority.

19.4 This Agreement is between you and us. No other person will have any rights to enforce any of its terms.

19.5 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

19.6 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.7 This Agreement is governed by Ontario law. You and we both agree that the courts of Ontario will have exclusive jurisdiction in connection with any dispute or claim arising hereunder.

19.8 All references to monetary amounts in these Terms are references to Canadian currency.

ANNEX A - ADDITIONAL CHARGES

In addition to the rental charges specified in section 8 above, we may charge the following reasonable additional charges if any event listed in this Annex A occurs. The events listed in this Annex A are non-exhaustive, and other additional charges may be payable where notified to you in an Order.

Additional charges are exclusive of applicable Tax.

Delivery change with less than 24 hours’ prior notice - $50.00

Overweight items - At drivers’ discretion

Lost or damaged Storage Bins -$25/bin

Missed appointment - $50.00

Failing to pack items properly (repacking by Vaultra Storage) - $90.00 per person per hour (minimum 2 persons per hour).

Help with furniture disassembly - $90.00 per person per hour.

Storage Bin rental fee - $6.00 for the 1st week / $2.00 per week thereafter.

Storage Bin purchase - $25.00

Moving charges

  1. Field teams will consist of one truck and two movers.
  2. Customers will be required to acknowledge total moving charges and provide signed authorization for billable moving charges to be processed onto the credit card provided during account activation.
  3. For Storage Space Plan based rentals, a scheduling fee of $30.00 will be waived for the initial move.
  4. For Item Plan based rentals, a scheduling fee of $30.00 will be waived for initial move.
  5. All fees and charges are subject to applicable Tax.

Storage Space Plan Based – Initial Move

  1. First 15-minutes free.
  2. Additional time billed in 15-minute increments at $45/ 15 minutes.

Storage Space Plan Based – Recall  

For recall of single items or partial contents of the storage unit, a $30.00 scheduling fee will be charged for each trip which includes 15 minutes of moving (1 to 5 items).

***Hourly moving rate of $180.00 will apply. Billable in 15-minute increments ($45.00) ***

Item Plan Based – Initial Pick up

First 15-minutes are free. If additional time is required, it will be billable in 15-minute increments at $45.00.

Item Plan Based – Recall  

$30.00 scheduling fee includes 15 minutes moving time. If additional time is required, it will be billable in 15-minute increments at $45.00