Terms and Conditions
The Contract
The Contract for Services includes these Terms and Conditions, together with any applicable estimate, proposal, change order, and/or invoice (collectively, “Agreement”) submitted by All Consumer Solutions, ("All Consumer Solutions") to the Client (“Client”) for the proposed work described in the applicable estimate or proposal (as may be modified by a change order “Scope of Work”). The “Client” is the person to whom the estimate or proposal is addressed, along with his/her employer or principal, if applicable. The Scope of Work may only be modified by a written change order (“Change Order”) signed by both parties. The estimate or work order will remain open for 10 days from the date the applicable estimate or work order is presented to Client, at which point it will expire without further notice to Client. This Agreement will be deemed accepted by Client upon the earlier of its signature on the applicable estimate or proposal, or by delivery or deposit of goods (“Objects”) with All Consumer Solutions. This Agreement is binding on the Client, its successors and assigns, and cannot be modified except by a written amendment signed by All Consumer Solutions.
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Services
All work will be done in a professional manner according to standard industry practices. All labor and materials provided by All Consumer Solutions shall be considered taxable and not included within the estimated fees and other charges described in this Agreement. Client represents and warrants to All Consumer Solutions that it is the legal owner or has lawful possession of the Objects and has the right and authority to direct the release and/or delivery of the Objects and to enter into this Agreement. Client agrees to defend, hold harmless, and indemnify All Consumer Solutions from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense, and any other liability resulting from any breach of this Agreement. Any and all representations and warranties, and any waivers, releases, limitations on liability, and indemnifications are perpetual and shall survive termination or completion of this Agreement.
Payment Terms
All work will be done in a professional manner according to standard industry practices. All labor and materials provided by All Consumer Solutions shall be considered taxable and not included within the estimated fees and other charges described in this Agreement. Client represents and warrants to All Consumer Solutions that it is the legal owner or has lawful possession of the Objects and has the right and authority to direct the release and/or delivery of the Objects and to enter into this Agreement. Client agrees to defend, hold harmless, and indemnify All Consumer Solutions from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense, and any other liability resulting from any breach of this Agreement. Any and all representations and warranties, and any waivers, releases, limitations on liability, and indemnifications are perpetual and shall survive termination or completion of this Agreement.
Default and Liability
Insurance
Confidentiality
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Except as otherwise provided in this Agreement, Objects or information pertaining to Objects will not be released by All Consumer Solutions to any party other than the Client or those identified in writing by the Client as authorized persons, or as otherwise required by law, or as reasonably necessary to All Consumer Solutions’ attorneys, advisors, accountants, insurers, and brokers. Client agrees that it will protect and keep confidential the terms and conditions of this Agreement and any other information obtained from All Consumer Solutions in connection with this Agreement that is identified as confidential or proprietary or that, given the nature of such information or the manner of its disclosure, reasonably should be considered confidential or proprietary.
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If All Consumer Solutions is not responsible for packing the stored item, the stored item must be packaged professionally in a manner suitable for storage by the customer. All Consumer Solutions does not accept any liability for defects to the packaging material and any related damage.
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Client shall disclose in writing to All Consumer Solutions any known damage and/or defects existing in the Objects prior to delivery to All Consumer Solutions for performance of the Scope of Work; provided that this list shall not be deemed a complete list of all existing damage and defects. All Consumer Solutions shall not be liable for any (a) damage to, or defects in, the Objects existing prior to delivery of the Objects to All Consumer Solutions, (b) damage known to Client which is not disclosed by Client, (c) ordinary wear and tear, or (d) perishable Objects. Upon completion of the Scope of Work, Client shall inspect the Objects for damage.
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In the event of litigation arising out of this Agreement, or a claimed breach thereof, the substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees and all costs and expenses. All Consumer Solutions is entitled to its costs and reasonable attorneys’ fees (including appellate, trial, and arbitration) for collection.
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Disputes
Disputes arising from this Agreement will be resolved in the state or federal courts located in Palm Beach County, Florida and Client consents to be subject to the jurisdiction of these courts. This Agreement shall be governed and construed in accordance with the laws of the state in which services are provided.
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Termination/Cancellation
Either party may terminate this Agreement for any reason without penalty or charge (except as provided in the following sentence) and require the removal of Objects stored with All Consumer Solutions, upon thirty (30) days’ written notice to the other party (subject to any lien rights); provided that if Client terminates within (1) business day of commencement of this Scope of Work, All Consumer Solutions will invoice to the Client 100% of the estimated total charges under this Agreement; and if such termination occurs within (2) business days, All Consumer Solutions will invoice 50% of the estimated total charges.
If the storage contract has been concluded for a fixed period, it ends at the end of this term. If the storage contract has been concluded for an indefinite period, the notice period is 30 days. Notice of termination must be given in writing. The storage contract can be terminated in writing for good cause with immediate effect. Good cause in particular includes: a) If the other party breaches a material contractual obligation and does not remedy the breach within 30 (thirty) days of receipt of a written notice identifying the breach by the culpable party; b) If the credit rating of the other party worsens considerably and threatens its ability to perform its obligations under this contract and the circumstances are not expected to improve within a reasonable period of time; c) If the other party becomes unable to pay; d) If bankruptcy, debt collection or similar proceedings are initiated against a party in accordance with the applicable law, either voluntarily or involuntarily; e) If a stored item exhibits or develops unpleasant symptoms (odors, leaks, vermin, etc.) that are detrimental to the other goods, the warehouse itself, the persons who work there or the environment; f) If any other event occurs that makes it unreasonable to expect the terminating party to continue this contract in good faith. The customer is obliged to collect the stored item from the place of storage or to send an authorized per
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Disclaimer
All Consumer Solutions disclaims all warranties and conditions, express, implied or statutory including without limitation the implied warranties of merchant ability and fitness for a particular purpose.
Relocation and Other Services
Client will provide a description of the Objects, the condition of the Objects in the Client’s judgment, and the Client’s estimated value of Objects by the time of delivery or deposit of the Objects to All Consumer Solutions. Such information will be accurate, complete and sufficient to allow All Consumer Solutions to comply with all applicable laws and regulations regarding the storage, handling and transportation of the Objects. All Consumer Solutions assumes no responsibility for valuation. Any removal of Objects from storage, or addition of new Objects for storage, will be acknowledged in writing and a Change Order will be issued by All Consumer Solutions. All Consumer Solutions may, without notice to Client, relocate Objects within its facilities. If Client requests All Consumer Solutions engage the services of others with respect to the Objects, and All Consumer Solutions agrees to such request, it is agreed that All Consumer Solutions shall act as the agent of Client shall not be liable for any loss or damage arising out of such services, and Client shall indemnify and defend All Consumer Solutions from any claims or damages.
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Terms and Conditions Additional Provisions
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and no prior or contemporaneous agreements shall be valid. The parties may use standard business forms or other communications but use of such forms is for convenience only and does not alter the provisions of this Agreement. Any notices under this Agreement must be in writing and delivered in person or sent by first class mail, overnight delivery by a nationally recognized carrier or facsimile to the address for the recipient set forth in this Agreement. Either party may give the other party notice of a change in address in accordance with this Section. This Agreement may be executed in counterparts and delivery of a signature page by email or facsimile shall have the same force and effect as delivery of an original signature page. A waiver of any default is not a waiver of any subsequent default. Invalid provisions shall not affect other provisions, and remaining provisions of the Agreement will remain in full effect. All Consumer Solutions may assign this Agreement and its obligation hereunder.
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Contact Us
If you have any questions about our Terms and Conditions, you can contact us by email at support@allconsumersolutions.com.
Packaging
Condition and Duty to Inspect
Attorney’s Fees and Costs
Client agrees to pay the amounts due pursuant to this Agreement, as may be modified as provided herein. Payments for invoiced charges are due within 30 days of the date of invoice. Client agrees to pay a late fee of 5% of the invoiced charge for any late payment. Unpaid amounts shall accrue interest at 12% per annum or the highest rate allowed under applicable law. All Consumer Solutions reserves the right to require Client to pay an advance deposit of 50% of the estimated total prior to commencing the Scope of Work. All Consumer Solutions also reserves the right to require Clients located outside of the United States to pay all charges in advance.
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Client shall be in default under this Agreement if Client fails to (a) pay amounts when due, or (b) to cure any other breach of this Agreement within 10 days of receipt of written notice from All Consumer Solutions. Upon any such default, All Consumer Solutions shall have the right to immediately terminate this Agreement and its obligations hereunder effective upon sending notice to Client. If Client’s Objects are not removed upon the termination of this Agreement, All Consumer Solutions may dispose of the Objects in accordance with applicable law, or exercise any other remedy available to it under the law, without limitation. All Consumer Solutions reserves all rights that it may have pursuant to any Warehouseman’s lien. Client is advised to review applicable state law providing for such rights. The rights and remedies set forth in this Agreement are not exclusive and are in addition to and not in lieu of any other rights or remedies that exist in law or equity or by statute or otherwise.
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All Consumer Solutions is only liable for damage caused intentionally or through gross negligence by All Consumer Solutions. All Consumer Solutions is not responsible for loss incurred due to circumstances beyond its control. The liability of All Consumer Solutions is in particular excluded for: Glue and veneer solutions, abrasions, pressure marks on furniture, breakage of furniture and the effects of temperature fluctuations or humidity; Rust, damage caused by mice, rats and moths, woodworm, mold fungus; Internal damage to goods that are externally intact; Consequences of wrong information; Circumstances that are beyond the control of All Consumer Solutions, in spite of taking all due care, the consequences of which it could not stave off.
Notwithstanding any provision to the contrary in this Agreement, All Consumer Solutions’ aggregate liability with respect to claims for loss or damage arising from or relating to its performance under this Agreement shall not in any event exceed the fees paid to All Consumer Solutions under this Agreement for the 12-month period preceding the date of loss or damage. Any claim of damage arising under this Agreement must be presented to All Consumer Solutions in writing upon completion of the Scope of Work. No lawsuit or other action may be maintained by Client against All Consumer Solutions for loss or damage to the Objects unless a timely written claim has been given by Client and unless such lawsuit or other action is commenced no later than nine months after completion of the Scope of Work.
IN NO EVENT WILL All Consumer Solutions BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN BY CLIENT OR All Consumer Solutions, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE REMEDIES SET FORTH IN THIS SECTION 6 SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND CONSTITUTE All Consumer Solutions’ ENTIRE LIABILITY FOR ANY BREACH OF All Consumer Solutions’ OBLIGATIONS.