1. STORAGE FEE. A storage fee is charged for each vehicle stored at Storage Facility. This includes self-park, valet, or reserved spaces.
This agreement represents the Customer’s right to park the Vehicle(s) in the Storage Facility at any time during the Storage Period. The Storage Period begins on the Storage Start Date. All notices sent by Customer to Hudson Stables shall be sent either by certified mail – return receipt requested or by a nationally recognized overnight courier service to: Hudson Stables, PO Box 3212, Hoboken NJ 07030.
In the event that Customer terminates the agreement prior to the end of the agreed upon term, the Customer will remain responsible for the payment of the storage fee for the remaining months.
For month to month customers only: In the event that Customer terminates this agreement prior to the end of any month, there will be no refund of any monthly storage fee for that month.
2. PAYMENT OF STORAGE FEE. The storage fee is due and payable on or before the first (1st) day of each month, in advance and without demand. For customers that have selected a Package, the monthly storage fee is the applicable annual rate divided by 12. Customer agrees to pay Hudson Stables a late fee equal to 5% of the monthly storage fee if the payment is received more than five (5) days after the due date. These fees are considered additional storage fees and are to compensate Hudson Stables for the additional costs of untimely payment. In addition, the monthly storage fee shall accrue interest at the maximum legal rate if thirty (30) or more days are past due.
The Customer has the following payment options: cash, check, or credit card. Payments made in cash will only be recognized as having been paid by the Customer upon the issuance of a paid receipt. All other payments should be made online or in person at Hudson Stables: 1330 Madison St, Hoboken, NJ 07030.
A fee of $25.00 shall be charged to Customer for any payment returned due to insufficient funds, a reverse credit card or debut payment or similar return of payment. Hudson Stables reserves the right to require that the monthly storage fee and other charges be paid in cash, certified check, or money order.
Customer covenant to pay the monthly storage fee is independent from every other covenant in this agreement.
3. ACCESS. Customer will have access to the Storage Facility during normal business hours of Hudson Stables. Holiday hours, closings, and special hours will be posted one week in advance. Extended access may be available upon special request.
If the storage fee and other charges are not received within five (5) days of the due date, Hudson Stables shall have the right to deny Customer access to the Storage Facility as well as the Vehicle(s). Hudson Stables will not accept any partial payments.
4. KEYS. Customer agrees to provide Hudson Stables the ignition key to the Vehicle(s), and if separate from the ignition, the key to the driver’s side door of the vehicle(s).
5. RELATIONSHIP. Customer understands and acknowledges that Customer is only purchasing a license to park and that, irrespective of Hudson Stables taking possession, dominion, and control of the Vehicle, NO BAILMENT IS HEREBY CREATED. By execution of this agreement, Customer agrees that this relationship is defined as Licensor-Licensee and NOT Bailor-Bailee and, as such, no presumption of negligence shall be held against Hudson Stables in a court of law in the event of loss, theft, or damage to the Vehicle(s). Customer will bear the burden of proving negligence against Hudson Stables.
In the event that Customer desires to engage Hudson Stables as a Bailor-Bailee, Customer shall be required to pay an additional fee, acknowledgment of which shall be evidenced in writing in order for such a relationship to exist.
6. INSURANCE. Customer shall be responsible for ensuring that appropriate motor vehicle insurance coverage, including liability coverages and full stated value physical coverage, is in force and effect from the Storage Start Date until this agreement expires. The Customer agrees and warrants that the insurers of required coverages shall waive all rights of subrogation against Hudson Stables/Auto Stables LLC, the building owners, or manager of the Storage Facility. If, for whatever reason, Customer does not maintain appropriate motor vehicle insurance coverage for the Vehicle(s) from the Storage Start Date until this agreement expires, Hudson Stables will in no event be liable to Customer for damage to Vehicle(s) that, but for the omission for the Customer, would be insured by Customer’s insurance policy.
7. LIMITATION OF LIABILITY. Hudson Stables and any other owner or manager of the Storage Facility are not insurers and shall not be responsible for any Vehicle(s) loss, collision, fire, theft, accident, loss, or damage to the Vehicle(s) or its contents or for any other damage or injury to Customer or Customer’s property. In no event will Hudson Stables assume liability for damage or injury sustained through faulty brakes or other vehicle equipment failure, Customer failure to set brakes properly or for improper vehicle maintenance.
Hudson Stables maximum liability for loss or damage to property by theft, fire, explosion, or otherwise shall be limited to $1,500.00.
Notwithstanding the foregoing, Hudson Stables will not be responsible for theft of, loss of, or damage to any contents of the Vehicle(s)(including, but not limited to, cellular phones, removable audio equipment, and/or personal property left in the Vehicle(s) including the trunk). In addition, Hudson Stables is not responsible for damage to rubber or plastic bumpers.
Hudson Stables shall not be liable for payments for loss of use of Vehicle(s).
Hudson Stables shall not be liable for special damages or consequential damages under any circumstances even if Hudson Stables has been advised of the possibility of these damages.
Hudson Stables will not be liable for loss of damage occasioned by gradual deterioration or inherent defects of the property licensed to park, nor the loss or damage caused directly or indirectly by Act of God, terrorist acts, invasion, insurrection, strike, riot, civil war, or by military or usurped power or by any government or governmental subdivision.
Hudson Stables shall not be responsible for injury in persons, occurring in or about the Vehicle(s), by reason of use or operation of the Vehicle(s) by the Customer or other persons, or of other acts, omissions, or negligence of the Customer or other persons in and about the Vehicle(s).
In the case of damage to Vehicle(s), the customer agrees to provide Hudson Stables an opportunity to make or order repair of the Vehicle(s).
8. DEFAULT and LIEN. In the event Customer fails or refuses to make any payment required by this agreement within fifteen (15) days after the payment is due, Customer will be in default for purposes of determining the accrual of any remedies to which Hudson Stables may be entitled under this agreement and pursuant to the laws of the State of New Jersey. In the event that an action is filed by Hudson Stables in relation to this agreement, the Customer shall be liable to Hudson Stables, in addition to all other sums the Customer may be obligated to pay, for reasonable attorney fees and related costs.
Customer acknowledges and agrees that Section 2A:44-21of the New Jersey Lien Law gives Hudson Stables a lien on the Vehicle(s) of Customer stored at the Storage Facility for the storage and other charges, present or future, in relation to the Vehicle(s) in accordance with the New Jersey State Lien Law.
9. VEHICLE REPAIRS. No vehicle repair is allowed inside the Storage Facility. Customer must notify the manager of the Storage Facility if the Vehicle(s) is/are being towed in or out of the Storage Facility. Hudson Stables is not responsible for any tow, including hook up or on-hook damage.
10. NO ORAL ARRANGEMENT OR WAIVER OF TERMS.
A. This agreement states the entire agreement between Hudson Stables and Customer and there are no other representations, promises, or agreements between them. No agreement or waiver will be effective unless in writing that specifically refers to this agreement and signed by Hudson Stables and Customer, except for increase in a charge of which Customer is notified. No employee, manager, attendant, cashier or representative has the authority to waive or make changes to any portion of this agreement.
B. The Failure of Hudson Stables on previous occasion to take action for non-compliance with this agreement or the Rules and Regulations will not prevent Hudson Stables from taking action for subsequent non-compliance. The receipt of any charge with knowledge of non-compliance is not a waiver of non-compliance.
C. A written waiver by Hudson Stables of any non-compliance or non-payment will apply only to the specific performance or payment covered by the written, and will not be a waiver of any future performance or payment.
11. STORAGE FACILITY RULES. In addition to the rules indicated in this agreement. Customer agrees to adhere to the regulations of the Storage Facility. Failure to comply with any such regulations may result in the immediate termination of this agreement and forfeiture or the monthly storage fee paid for such months as well as any remaining months in the storage period.
12. GOVERNING LAW. This agreement shall be controlled by and interpreted under the laws of the state of New Jersey (without regard to New Jersey’s choice of conflict laws principles) and Customer hereby consents to personal jurisdiction in New Jersey for any dispute relating to this agreement or Customer’s use of Storage Facility, and waives any argument that New Jersey is or may be an inconvenient forum. Any legal action arising from or related to this agreement shall be brought only in a court of competent jurisdiction within Hudson County New Jersey.
13. SEVERABILITY. Applicable State laws, local laws, and/or storage terms per building lease agreements may supersede one or more of the previsions contained herein. Notwithstanding the foregoing, if any provision of the agreement shall be determined to be void, invalid, or otherwise unenforceable, such finding shall not be otherwise affect the minimum extent necessary to put such provision in compliance with applicable law, and, in its modified form, such provisions shall be enforceable.
14. HEADINGS. Titles, captions, or headings used in the storage agreement are inserted for identification only, and shall not govern the construction, nor alter, vary, or change any of the terms, conditions, or provisions or this agreement or any paragraph hereof.
15. MISCELLANEOUS. Customer will notify Hudson Stables if there are any changes in the completed information upon agreement, including, not limited to, billing address, phone number(s), vehicle type, license plate, sale or transfer of title, etc.
The agreement constitutes the entire understanding of the parties, and no representations or promises have been made that are not fully set forth herein. The agreement may not be changed orally. All of the terms, covenant, and conditions of this agreement shall inure to the benefit of and binding upon the respective heirs, executors, administrators, successors of the parties hereto.
After one year from the Storage State Date, if a new agreement is not executed, then the terms and conditions of this agreement apply and the relationship between Hudson Stables and Customer shall continue on a month-to-month basis.
Within ten (10) day after the request by owner, the Customer agrees to deliver to the requesting party and to any potential mortgagee, assignees, of purchaser of the requesting party’s interest in the Storage Facility an estoppel certificate, certifying that this agreement is unmodified and in full force and effect that, to the certifying party’s reasonable knowledge and belief, there are no defenses or offsets thereto (or stating those claimed by the certifying party) that there are no defaults by the certifying party or, to the reasonable knowledge and belief of the certifying party, on the part of the requesting (or, if such defaults exist stating their nature) and such other matters as the requesting party may reasonably request provided, however, that no such estoppel certificate shall be deemed to adhere or modify this agreement.
The agreement is subject and subordinate to all ground or underlying leases and to all mortgages which may now or hereafter affect such leases or the real property of which the Storage Facility is a part and to all renewals, modifications, consolidations, replacements, and extensions of any such underlying leases and mortgages. This clause shall be self-operative, and no further instrument or subordination shall be required by any ground or underlying lessor or by any mortgagee, affecting any lease of real property of which the Storage Facility is a part in confirmation of such subordination, customer shall from time to time execute promptly any certificate that owner may request.