Thank you for using Urbin Attic. Our goal is to make our storage service as easy to use as possible. In order to accomplish this, there are some basic rules we have to cover. This document is intended to describe them. It sets out the terms and conditions that govern all use of Urbin Attic’s services and forms a contract between Urbin Attic and you.
You have ordered this service from Our Website, www.urbinattic.com. If you like, we will first deliver to your home the number of bins or boxes you have ordered. We will then come to your home to pick up the household goods and store them at our warehouse. When you need all or portions of those goods, you can schedule a delivery appointment online or call us and we will return them to you at the scheduled time. Your charges consist of Monthly Storage Charges, Delivery and Pick-up Fees, and other fees and charges as more particularly described herein and on Our Website.
When you have completed your Customer Order on Our Website, you will be asked to approve the order through a “click and accept” process. By clicking “I Agree”, “OK” or a similar term, you acknowledge that you have read and accepted the Terms of Service and that you have the authority to do so for the person identified in your Service Order form. You will remain solely responsible for determining who is authorized to use the Services and will be responsible for any use of the Services by someone you allowed to use the Service. You will notify us immediately of any unauthorized use.
At the time the goods are picked up from the pick-up location you identify in your Customer Order, you or your agent will be required to sign the Service Order Form, which will confirm what Items are being received by us for storage. By signing the Service Order Form, you are again agreeing to all of the Terms of Service and are acknowledging the information contained on the Service Order Form is true and correct.
As is explained on the Standard Terms required by Tariff No. 15-C (attached as Exhibit A hereto), you have a choice of receiving either a Basic Value Protection or Replacement Cost Coverage with Deductible. You are to select which coverage you wish to receive. Under the Basic Value Protection, our liability is limited to $0.60 per pound of any item that is lost or damaged. Since nothing is to weigh more than 40 pounds, our maximum liability under the Basic Value Protection is $24.00. Under the Replacement Costs Coverage, our liability is increased to $5.00 times the net weight of the shipment or the lump sum value declared by you, whichever is greater, but you will have to pay a $300 deductible. Unless otherwise indicated on your order form, you represent that each Item has a total value of $250 or less.
Any insurance carried by you or us is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us.
Urbin Attic is a local service. Our service areas are determined by the US Postal code of the address where we pick up or deliver Your Stuff. The services offered and operating hours may vary by Service Area at the sole discretion of Urbin Attic. We have a right to refuse you service if the pick-up or delivery location is outside of our service area.
If you or your spouse is a member of the Military it is important that we are notified, as there are special procedures applicable to storage for active duty service personnel. Here, "Military" means (i) a member of the US Army, US Navy, US Air Force, US Marine Corps, or US Coast Guard who is on active duty status (including reservists who are called on active duty) or who is absent from duty as a result of being wounded or being granted leave, (ii) a member of the National Guard who has received a specific type of activation orders, or (iii) an active service commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.
If you are in the Military, you should immediately notify Urbin Attic of changes in your Military status or assignment resulting in changes to your email address, mailing address, phone number or other contact information you previously provided to Urbin Attic. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you should notify Urbin Attic in writing within thirty (30) days of becoming a member of the Military and provide your new/updated contact information.
The period of time that this Agreement is in effect is called the "term." The term begins when we pick up Your Stuff and continues on a month-to-month basis until terminated (subject to a minimum of three months storage requirement for each Item, as described below).
The current Pick-Up and Delivery Fees are set forth on Our Website. As noted above, these charges may change after a 30-day notice by us to you of the change.
There are other fees that might apply. These fees are set forth on Our Website. As noted above, these charges may change after a 30-day notice by us to you of the change. The Other Fees and Charges include the following:
Rush Pick-Ups and/or Deliveries. Pick ups and deliveries ordered with less than 48 hours notice are deemed a “rush” and may incur a Rush Pick-Up/Delivery Fee.
Empty Bin Pick Up. Upon return of the Bins to you, we will wait up to 20 minutes for you to empty Your Stuff from the Bins. If you need more time, you can schedule a free pick up of the Bins, which pick up is to be within three (3) days. If the pick up is to be later than three days, then our standard empty bin pick-up rates will apply.
Unreturned Bin or Bin Purchase. Urbin Attic will provide UA Bins for your use as part of the Service. If you keep them for more than 14 days without returning them to us or scheduling them to be picked up, we consider this to be a purchase of the bin and you will be charged a Bin Purchase fee after the fourteenth (14th ) day. The price for the UA Bins is set forth on Our Website.
Damaged UA Bins. The UA Bins are to be returned to us in good condition. If they are damaged, we can charge you a Bin Purchase fee for the damaged Bin.
UA Cartons and Packing Material. UA Cartons (cardboard boxes), packing material and supplies are available to purchase from us.
Additional Labor (per hour). When you schedule your items to be picked-up or returned, our team will wait up to 20 minutes at the time of delivery for you to pack or unpack and return the bins to our team. If our team waits longer than 20 minutes, an Additional Labor fee will be charged at the rates set forth on Our Website.
Late Cancellation. If you cancel or delay a proposed pick up or delivery appointment with less than 12 hours' notice, then there will be a Late Cancellation Fee. Also, if you are not at the Pickup or Destination Location at the time of the proposed pickup or delivery, then you will be charged a Late Cancellation Fee.
Credit Card Declined or Bad Check. If your credit card is declined or a check is refused by a bank, then there will be a Credit Card Declined/Bad Check Fee, in the amounts set forth on Our Website.
Late Charge. Any payment not received within thirty (30) days of the Billing Cycle date will accrue interest at a rate of one and one-half percent (1½%) per month, or the highest rate allowed by applicable law, whichever is lower.
Disposal Fee. This fee occurs when you provide a written request for Urbin Attic to throw out any Item or any part of Your Stuff, subject to you signing a full release agreement (the "Release") in favor of Urbin Attic. A form of this Release can be provided to you by our Customer Service team upon request.
The Monthly Charges for the first three months must be paid in advance on the first day we pick up Your Stuff. Beginning with the fourth month, the Monthly Charges are to be paid monthly at the beginning of your monthly “Billing Cycle.”
Your monthly "Billing Cycle" is based on the date we pick up Your Stuff. For example, if we pick up Your Stuff on the 7th of the month, your "second month" begins on the 7th of the next month (please note: we require a minimum of a three-month contract, with the first three months paid in advance). If we pick up Your Stuff on or after the 28th of any month, your billing cycle will be based on the 28th. Urbin Attic is not required to send you an invoice or a billing statement. Upon request, Urbin Attic can provide a detailed list of Monthly Charges.
When you open an account with us, we will require you provide a valid credit card for payment of your Monthly Charges, Pickup and Delivery Fees and Other Fees and Charges. You hereby authorize Urbin Attic to charge that credit card for the applicable fees and charges on or after the first day of your Billing Cycle for each and every month that this Agreement remains in effect. You also authorize us to charge that credit card for any UA Bins not returned in a timely manner and for any UA Cartons, packing material or supplies provided to you, regardless of whether you otherwise use our Services. Urbin Attic will safely store your credit card or debit card information and will use it for any future charges. If you’d like to stop billing on a card, you will need to notify us through your settings on our website and by provide us with details of a replacement card. We currently only accept the following payment methods: American Express, Visa, MasterCard, and Discover. However, we reserve the right to require payment by cash, bank check, or certified check should your account balance go past due. If we are unable to bill your card, we'll send you a notice and try again in 5 business days.
In any case, you are required to pay all Monthly Charges and other fees and charges in a timely manner. Any payment not received within thirty (30) days of the Billing Cycle date will accrue interest at a rate of one and one-half percent (1½%) per month, or the highest rate allowed by applicable law, whichever is lower. If you are late on your payments, we may accept a partial payment of the amount due but our acceptance of a partial payment does not mean you are not in default, nor does it stop us from pursuing our remedies discussed in this Agreement. If you have failed to pay all charges as they become due, then you will be in default and, among other things, we can retain Your Stuff until all amounts due to us have been paid.
It is your responsibility to be at the Pick-up and Delivery Location to receive Your Stuff when Urbin Attic is to pick up or return some or all of Your Stuff to you. Fees for late pick up or delivery appointments or cancellations, or for no shows are in our Other Fees section on Our Website.
By law, we are restricted from picking up more than 25 Items at one time. Also, the total weight of those items may not exceed 500 pounds.
We will pick up the items at the designated appointment time.
If your payments are current, we will make every effort to deliver your items at the set appointment time, but no later than three (3) business days of the time we receive your request.
These credits do not apply if we fail to meet these deadlines through no fault of ours. If we are not able to deliver the Items to you within the deadline due to no fault of ours, then we will retain the Items until we are able to deliver them. You may be charged for the time we are required to hold the Items because we could not deliver the Items as requested.
You represent and warrant that: (i) you have the authority to, and are of legal age to, bind yourself to this Agreement; (ii) your use of the Storage Service will be solely for purposes that are permitted by this Agreement; and (iii) your use of the Storage Service will comply with all local, state and federal laws, rules, and regulations, and with all other Urbin Attic policies.
Urbin Attic team members are not allowed to pack your Bins and/or Boxes. You are solely responsible to safely and securely pack your stuff into each Bin and/or approved Box. This includes packing Your Stuff so that they will not be damaged during transit and storage. For your safety and the safety of our employees we strongly recommend that you not pack more than 40 pounds of your personal property into any single Bin. We reserve the right to refuse to accept any Item that we reasonably believe weighs more than 40 pounds, including the weight of the Bin itself. You agree that Urbin Attic is not responsible for any damage caused by or arising from your failure to properly pack the Bin and/or Box.
To the fullest extent permitted by law, you waive all rights and claims against Urbin Attic arising in any way from storing these things.
You can terminate your account at any time by contacting Urbin Attic Customer Service. You must arrange for and pay all of our charges before you will be entitled to get back Your Stuff. Any fees for a minimum storage term will still apply. There are no refunds for cancellations. In the event that Urbin Attic suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused storage time, any license or subscription fees for any portion of the Website or Services, any content or data associated with your account, or for anything else.
In the event your e-mail address or residence address changes, you must promptly notify us. We are not responsible if you don't receive a notice from us because your address changed and you did not notify us. You may change your email address or physical address on Your Account Page.
These Terms of Service do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. Without limiting the foregoing, Customer’s use of the Online Services does not give Customer any rights in our patent, copyright, trade secret, trademark, service marks, or in any derivative rights from the use of our intellectual property. Urbin Attic will be deemed to own all intellectual property rights in the Online Services, any software pertaining to those Services, including any application created by Urbin Attic or its third party licensors.
Subject to the terms of this Agreement, Customer may utilize the services described herein and will have a non-exclusive license to use the software provided by Urbin Attic for the purpose of utilizing the services by itself. Use of our software is licensed, not sold, to Customer and Customer receives no title to or ownership of such software or any copy thereof. Further, Customer’s use is limited to that permitted herein and is limited to Customer’s use. In any case Customer shall not (a) modify, create derivative works from, distribute or sub-license the software, or reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the software’s source code. In any case, we are not responsible for the content our user’s posts. Unpermitted Conduct: You agree that you will not, under any circumstances, conduct or transmit any content (including text, software, images, or other information) that:
We may terminate your access to all or any part of the Service and Website at any time without cause so long as we give you ten (10) days’s prior notice and so long as the termination date extends beyond the beginning of the next Billing Cycle. We may terminate your access to all or any part of the Service and Website for cause upon ten (10) days prior written notice to you, however if the reason for termination is because of Unpermitted Conduct as described above, then no prior notice will be required.
Except as otherwise provided herein, we may modify, adjust, or change our Terms of Service, including the fees and charges, at any time upon 30 days notice to you by email to the current email address listed on your account. The change will become effective at the beginning your next Billing Cycle after the end of the 30 days. If we do change, adjust or modify our Terms of Service, your continued use of Urbin Attic will constitute an acceptance of the change.
We will use commercially reasonable efforts to maintain the temperature of the facility in which Your Stuff are stored between 55°F and 85°F. Other than temperature, Your Stuff will not be stored in a climate-controlled environment.
Our facilities have security systems. Urbin Attic maintains a comprehensive security program that monitors all facilities including intrusion detection systems on a 24 hour basis 7 days per week. All external doors are alarmed and motion detection systems are in place to monitor the facilities during non-business hours. Each visitor must sign in, receives a badge, and be escorted at all times while in the warehouse. No unauthorized visitors are allowed into the facility without following these procedures. However, our liability for loss as a result of a breach in security is limited is limited to the Basic Value Protection or Replacement Cost Coverage with Deductible as you have selected.
Absent a court order or written consent from you, Urbin Attic will not release any of Your Stuff to someone else that claims they own it.
To the fullest extent permitted by law, and except for the Basic Value Protection or the Replacement Cost Coverage with Deductible selected by you in your Service Order form, Urbin Attic and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, Urbin Attic's and/or its agent's active or passive acts, omissions, negligence or conversion, regardless of the basis for such loss.
To the fullest extent permitted by law, you shall indemnify and hold Urbin Attic and its agents harmless from and against all losses, liabilities, costs, expenses, attorneys' fees, fines, damages, claims demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with Your Stuff and your use of Urbin Attic’s services, including, without limitation, any damages we may incur as a result of any of your breach of your obligations pursuant to this Agreement.
You agree that we can communicate with you electronically by sending notices to your email address identified on Your Account. Any notice, demand, or communication required or permitted to be given by us to you shall be deemed to have been sufficiently given or served if sent by email to the most current email address on Your Account on Our Website. Alternatively, we may elect to deliver such communication by messenger or overnight courier, or by certified first class mail, postage prepaid, return receipt requested, and addressed or sent to you at the same address . Such notices shall be effective, (i) if delivered by messenger or by overnight courier, upon actual receipt; (ii) if sent by email, then 24 hours after sent; or (iii) if mailed, upon the earlier of three (3) business days after deposit in the mail and the delivery as shown by return receipt therefor. Any notices, demand or communications to Urbin Attic are to be delivered by messenger or overnight courier, or by certified first class mail, postage prepaid, return receipt requested, and addressed to the following person and address:
Charlie Naubert - 2640 Willamette Dr. NE Lacey, Washington 98516
URBIN ATTIC HAS A LIEN UPON ALL ITEMS STORED WITH US FOR ALL STORAGE CHARGES, PICKUP AND DELIVERY FEES AND OTHER FEES DUE URBIN ATTIC AS WELL AS FOR ALL EXPENSES INCURRED FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY LAW. URBIN ATTIC MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. URBIN ATTIC WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
By law, we are required to advise you of the following:
We may not cease operation of our business unless we first provide you a notice at least 60 days in advances of cessation. This notice will comply with the applicable Tariff and will include:
If we do not hear from you within 30 days, we will send you a second notice, which notice will advise you that if you do not receive or claim the goods within 30 days of that notice, then Items will be subject to disposition as provided in the Tariff in effect at that time.
We will also provide you with a final notice at least 10 days before we cease providing the Service.
This Agreement is also subject to the Standard Contract Terms and Conditions of Uniform Household Goods Small Goods and Transportation Contract as set forth in Tariff 15-C as issued by the Washington Utilities and Transportation Commission, which terms and conditions are attached hereto as Exhibit A, and are incorporated herein by this reference.
The failure by you or Urbin Attic to exercise any right under the Terms shall not form the basis for a waiver of that right.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder shall otherwise remain in full force and effect and enforceable.
Your rights under our under this Agreement are not assignable, transferable or sub-licensable without our prior written consent. We may transfer, assign or delegate our rights and obligations under this Agreement without your consent.
This Agreement shall be governed and construed in accordance with the laws of the state of Washington. You consent to the exclusive jurisdiction of the state or federal courts located in Pierce County, Washington, for any dispute arising out of this Agreement. You waive any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude you or Urbin Attic from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
Although we will provide our services in a professional manner, our liability for losses and damages of any kind are limited as set forth in this Agreement. Neither Urbin Attic nor its suppliers and licensors make any warranty or representation that the information they provide or that is provided through the Online Service is accurate, reliable or correct; that the Online Service will meet your requirements; that the Online Service will be available at any particular time or location; that the Online Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Online Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Online Service.