This Terms of Services is entered into by and between Exxtra Limited, a company registered in Hong Kong with registered office at Crown Worldwide Building, 9-11 Yuen On Street, Siu Lek Yuen, Shatin, New Territories, Hong Kong (“Company”, “we”, “us” or “our”) and you (“Customer”, “you” or “your”) (“Agreement”). You must read, agree with, and accept all of these terms and conditions in this Agreement. By using our service or procuring our products, you are bound by this Agreement and you indicate your continued acceptance of this Agreement.
1.1. In this Agreement, each of the following words and expressions shall have the following meaning:
Article: Any movable properties, items, equipment, materials and other goods stored by the Customer with the Company under this Agreement, including but not limited to those contained in the Container. Business Days: A day (other than Sunday or public holiday) on which banks are open for normal banking business in the jurisdiction in which the Services are to be performed. Container: Any unit of the Company’s standard sized bins provided to the Customer, which contains all or any part of the Articles. Charges: The fees payable by the Customer to the Company for the provision of Services and any other charges payable by the Customer in accordance with this Agreement. Delivery: Any empty Container drop-offs, packed Container or Article pick-ups, follow-up pick-ups, delivery of packed Container or Article and empty Container collection trips. Pricing Schedule: The schedule setting out the Services offered and the Charges for the delivery of such Services. The Pricing Schedule is set forth in a separate page on the Website. Services: Any or all services that the Company offers at any time. Website: the Company’s website at www.exxtra.com.hk or any other website as the Company may maintain from time to time through which the Services are made available.
2.1. All Containers provided by the Company to you shall remain the property of the Company.
2.2. You represent and warrant to the Company that: 2.2.1. the Articles stored pursuant to this Agreement are your own property or that you are the authorized agent of the owner of the Articles and you have the lawful right of possession to the Articles; 2.2.2. the Articles do not contain: 2.2.2.1. perishable items and/or those requiring a controlled environment, including but not limited to food of any kind; 2.2.2.2.any plants, animals, birds or fish; 2.2.2.3. goods likely to encourage vermin or other pests or to cause infestations or contamination; 2.2.2.4.anything which is or shall become subject to any seizure, forfeiture, distress, execution, or any other enforcement proceedings; 2.2.2.5. any illegal, immoral, obscene or offensive material; 2.2.2.6. any liquids or gels or any hazardous, toxic, dangerous, explosive, inflammable, poisonous, contaminating or contaminated or radioactive materials including gas bottles, aerosols, paints, firearms and ammunition; and 2.2.2.7. anything that violates the private, civil or property rights, or the right of privacy, or any other rights of any person.
2.3. Articles stored with the Company must not exceed the weight limit and dimensions outlined below or any other relevant page of the Website:
Plastic Bin Weight limit 23kg Dimensions (length x width x height) 60cm x 40cm x 31.5cm
2.4. You shall ensure that the Articles are properly and securely packed with sufficient protection as would reasonably be required for carriage and storage. The Company shall not be held liable for any loss, mis-delivery of or damage to any items due to lack of or improper packing or protection, any gradual deterioration of Articles, fragility of the Articles, or any defects of the Articles.
2.5. You shall ensure that each Container containing the Articles is sealed with two seals, each inscribed with a serial number, that the Company provides to you upon pick-up of the Containers.
2.6. If: 2.6.1. you submit an Article listed in clause 2.2.2 contrary to the terms of this Agreement; or 2.6.2. the Articles are unsafe or unsuitable for carriage and/or storage for any reason (including being overweight or unable to fit within the Container);
The Company will make such Article available for your collection and if you do not collect such Article within fourteen (14) days from the date of the Company’s written notice, the Company shall be authorized to dispose, destroy, return or otherwise deal with any such Article at your sole risk and expense, and you shall bear all costs and expenses whatsoever incurred by the Company incidental thereto.
2.7. The Company shall not be liable for any act of abandoning, unloading, destroying or otherwise dealing with an Article listed in clause 2.2.2 or any of them which act, in the opinion of the Company, is necessary or advisable for the safety or security of any person or property.
2.8. The Company reserves the right to determine, at its sole discretion, the manner in which the Services are provided, including the route, location and area which the Articles shall be carried and stored.
2.9. The Company shall have the right to move any Articles and/or Containers to another location provided that prior to such transfer the Company shall notify you in writing of its intention specifying the address of the new location and any conditions which may attach to the revised storage arrangements. In the event you do not wish to move the Articles and/or Containers to another location, you shall inform the Company in writing within ten (10) days upon receipt of such notice to return all Articles deposited with the Company and upon payment of all charges which may have accrued up to the date of the return of all Articles to you, this Agreement will be terminated. If no such notice is received from you within the stipulated timeframe, you be deemed to have agreed to the removal of the Articles and/or Containers to another location, and this Agreement shall continue in full force and effect.
3.1. Unless otherwise agreed in writing, it shall be your sole responsibility to: 3.1.1. ensure that there is proper and suitable access of our staff at all appropriate times to your premises to enable the Company to perform the Deliveries. If our staff is required to use the stairs in order to perform the Deliveries, the Company shall be entitled to impose additional fees for performing such task as set out in the Pricing Schedule or refuse to perform the Deliveries until such time as proper and suitable access is made available; 3.1.2. the Articles have been securely packed into the Containers or are otherwise suitably prepared for carriage and storage such that the carriage or storage of the Articles would not cause damage or injury to the Company’s employees, agents, contractors, other Articles, property or premises. 3.1.3. obtain, at your own expense, all documents, permits and permissions necessary for the Deliveries to be completed; 3.1.4. be present or represented at the address you provided to the Company to perform the Deliveries at the scheduled time; 3.1.5. arrange and pay for any necessary parking facilities for the Company’s vehicles, including any meter suspension charges incurred by the Company in performing the Services; 3.1.6. prepare adequately and stabilize all appliances or electronic equipment prior to their pick-up.
3.2. You must notify the Company of any changes to your orders or scheduled Deliveries by 5.00PM two (2) Business Days prior to the scheduled date of Delivery. In the event you reschedule or cancel any scheduled Deliveries after the stipulated cut-off time, the Company shall be entitled to charge the applicable cancellation Charge set out in the Pricing Schedule. If you fail to be present or represented at the address you provided to the Company at the scheduled time, it will be considered a failed Delivery and be subject to a ‘no show’ Charge as set out in the Pricing Schedule.
3.3. We may, at our discretion, refuse to collect any Articles or Containers that do not comply with the terms of this Agreement. If this results in a failed delivery, you shall pay a ‘no show’ Charge for failed Delivery as set out in the Pricing Schedule.
3.4. If empty Containers are provided for you to insert the Articles into the Containers: 3.4.1. You shall schedule a pick-up appointment of the Containers and the pick-up date must, subject to the Company’s availability, be within seven (7) days from the date of initial drop-off appointment you made. When the Company collects the Containers from you, you must return to the Company all the Containers that have been provided to you. Subject to clause 3.4.2, billing of Storage Charge will commence from the day the Company picks up the Containers and thereafter on a monthly basis. 3.4.2. If you retain possession of the empty Containers for a period exceeding seven (7) days from the date of initial drop-off, billing of Storage Charge will commence from the eighth (8th) day and thereafter on a monthly basis. 3.4.3. In the event that you fail to return the Containers to the Company within fourteen (14) days from date of initial drop-off, you will be charged an additional Charge for the purchase of the Container as set out in the Pricing Schedule. 3.4.4. If the Company’s staff is made to wait for more than twenty (20) minutes to collect the Containers, you will be charged for both the delivery and pick-up fees. In addition, if you fail to deliver the Containers to the Company’s staff when you have requested the Company’s staff to come collect the Containers, you will be charged a ‘no show’ Charge for failed Delivery as set out in the Pricing Schedule, instead of the delivery and pick-up fees. 3.4.5. If you return unused empty Containers to the Company upon scheduled packed Container pick-up trip, you will be a charged a pick-up Charge as set out in the Pricing Schedule.
4.1. Without prejudice to any other rights or remedies that the Company may have, the Company reserves the right to immediately withdraw the provision of Services or terminate the Agreement, if, in the Company’s sole and absolute discretion, the Company determines that you have committed any of the following acts: 4.1.1. offer in any manner, sub-license or re-sell any of the Services, use of or access to the Services, to a third party or represent the Company in any way for any reason whatsoever without the Company’s prior written consent; or 4.1.2. use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect.
5.1. You agree to pay the Charges as outlined in the Pricing Schedule, which may be amended from time to time at our sole discretion.
5.2. If the Customer requires additional services which fall outside the scope of the Pricing Schedule, additional charges shall be payable by the Customer in respect of such additional services. Any change to the Services or the provision of additional services shall only be effective upon the express agreement of the Company.
5.3. The Company shall invoice the Charges in the following manner: 5.3.1. Storage of Articles: Charges in connection with storage of Articles will be invoiced monthly in advance subject to a minimum monthly storage value as stipulated in the Pricing Schedule. 5.3.1.1. Charges for the first month’s storage will be invoiced on the start of the billing cycle, which shall be the earlier of (on the day after) either (a) the date on which the Company picks up the packed Containers and/or Articles from you for storage; or (b) seven (7) days after the Company first dropped off empty Containers to you. 5.3.1.2. Charges for subsequent months’ storage will be invoiced monthly in advance at the beginning of each billing cycle. 5.3.1.3. Monthly rent must be paid in full, without any deductions. If you terminate the Agreement or remove the Articles from storage before the completion of the monthly billing cycle, the Company will not be required to prorate storage Charge for that month and refund any Charges paid in advance. 5.3.1.4. In the event you have retrieved the Containers but have not returned the same to the Company, storage charges will continue to accrue in respect of those Containers. 5.3.2. Charges for returning Articles: When you request the Company to deliver the Articles to you, and you return the empty Containers to the Company within 20 minutes of delivery, you will be charged the delivery fee only. If you return the empty Containers after the prescribed time, you will be charged the delivery fee and pick up fee. Charges in connection with the return of the Articles will be invoiced when you place the request to retrieve the Articles. 5.3.3. Ancillary charges: Charges which are ancillary to the Services or costs which the Company incurs due to performance of Services or your failure to perform certain obligations will be invoiced in arrears via the Company’s system. The Company will not require you to pay such ancillary charges to the Company’s staff at the pick-up or drop-off site.
5.4. The Company accepts payments by credit card or such other payment method that the Company may advise you in writing from time to time. We reserve the right to stop accepting credit cards from one or more issuers.
5.5. For payment by credit card, the Company may require you to enter your credit card details, which may be saved by the Company and used to bill all future Charges automatically. Your saved credit card will be authorised but not charged until the start of each month’s billing cycle.
5.6. If your credit card expires, you close your account, your billing address changes, or your credit card is cancelled and replaced on account of loss or theft, you must advise the Company immediately. If you need to modify your credit card information, you may do so via the Website. The request will be processed within thirty (30) days from date of receipt of your request.
5.7. You shall pay each invoice in full and cleared funds, without any set-off, deductions or counterclaim howsoever arising. It is your responsibility to bear any shortfall between any invoiced amount and the amount received by the Company due to any charge or fees charged by your bank or payment processor, the Company will add these shortfall amounts to your subsequent invoice.
5.8. In the event that your credit card is cancelled or expired, resulting in the Company’s failure or inability to collect the invoiced Charges, the Company will notify you of such failure or inability and provide you a period of five (5) Business Days to provide valid credit card details. If you fail to provide such valid credit card information, the Company shall be entitled to terminate this Agreement with immediate effect and claim all monies due and owing from you.
5.9. Without prejudice to any other rights or remedies that the Company may have, if you fail to pay any sums promptly, the Company shall be entitled to: 5.9.1. charge interest on all outstanding amounts due and owing calculated at 5% per month, subject to (i) a minimum charge of late payment penalty as specified in the Pricing Schedule, and (ii) any maximum rate prescribed under the applicable laws, calculated on a daily basis, from the date of default of payment until the date of full payment of the outstanding amount; 5.9.2. withdraw the provision of Services without affecting any of its rights under the terms of this Agreement; and/or 5.9.3. exercise a lien over any of the Articles, subject to the terms at clause 6.
6.1. The Company shall have a special and general lien on all Articles in its possession, custody or control in respect of all Charges due and payable at any time by you to the Company and all reasonable costs and expenses including notice or advertisement, legal costs and disbursements incurred in enforcing its rights hereunder. If any of the Articles have been delivered, removed, dispatched or sold, the general lien shall apply to the Articles remaining in the Company’s possession. The Company shall be entitled to raise storage charges, costs, expenses and/or interests whilst it exercises lien on the Articles or any part of it, and the terms of this Agreement shall continue to apply whilst the lien is being exercised.
7.1. All promotions and offers by the Company are subject to the respective set of terms and conditions for that particular promotion or offer, which the Company reserves its right to change without prior notice. 7.2. The right to amend terms and conditions includes changing the price of the promotion or offer, terminating the offer before stated validity date, changing the details of the promotion or offer or any other changes in order to protect the interests of the Company or under circumstances of abuse. 7.3. You acknowledge and agree that: 7.3.1. each promotional code, referral code, printed coupon or voucher (each a “Voucher”) granted by the Company under a promotion or offer unless expressly permitted by the Company, shall not be duplicated, sold or transferred in any manner, or made available to the general public; 7.3.2. unless expressly permitted by the Company, the Voucher is not valid for usage with other types of vouchers, discounts, promotions or offers; 7.3.3. the Voucher is not exchangeable for cash or refundable; 7.3.4. in the case where a Voucher entitles you to credits or discounts to be applied to your account, the amount of such credits or discounts must be fully utilized when making payment. Any unused amount will not be refunded; 7.3.5. the Voucher shall only be applied by the intended recipient; and 7.3.6. the Voucher must be used for the intended purpose and in a lawful manner.
7.4. The Company reserves the right to withhold or deduct credits, discounts or other features or benefits obtained through the use of Vouchers by you or any other user in the event that the Company determines or believes that the use or redemption of the Voucher was in error, fraudulent, illegal, or in violation of the applicable terms for that Voucher or the terms under this Agreement.
8.1. You recognize that the Company does not have knowledge of and makes no admission or acknowledgment as to, the nature, value and contents of any Articles deposited and stored with the Company under this Agreement. Accordingly, you agree that the Articles are stored at your sole risk. Each party acknowledges that the allocation of risk in this Agreement (including the exclusions and limitations of liability set out in this clause 8 and the indemnification in clause 11) is regarded by it as fair and reasonable.
8.2. You are responsible to inspect any Articles returned to you from us for any loss or damage. If you believe there has been loss or damage to the Articles, you must notify the Company in writing within one (1) Business Day of the date the Articles are delivered to you. The Company reserves the right to (a) inspect the Articles and Containers and take pictures or require you to provide proof of any alleged damage or loss before a claim can be made; and/or (ii) require from you proof of the original cost price and the current replacement cost of the contents of the Container and/or the Article.
8.3. Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
8.4. The Company shall have no liability to you under the Agreement if it is prevented from, or delayed in performing, its obligations under the Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including without prejudice to the generality of the foregoing, acts or omissions of the Customer or its agents, failure of a utility service or transport network, act of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction, fire, flood, strikes, lock-out or other form of industrial actions (but for the avoidance of doubt, shall not include any industrial disputes or strikes affecting the employees or subcontractors of the Company). Such force majeure events shall not however excuse you from paying any Charges due to the Company.
8.5. For the avoidance of doubt, the hoisting or issuing of a Red or Black Rainstorm Warning or a Tropical Storm Warning of Signal No. 8 or higher shall be regarded a force majeure event. In any such event, all Services and Deliveries will be cancelled immediately. The Company will use reasonable endeavours to resume operations after such warnings have been lowered or removed to the extent it is practicable to do so.
8.6. To the extent not prohibited by law, the Company shall not be liable for any loss of profits, loss of or corruption to data or information, loss of anticipated savings, loss of business, loss of use, indirect, incidental, consequential, exemplary, punitive or special damages, in each case whether arising from negligence, breach of contract or otherwise, even if such losses or damages were reasonably foreseeable or the Company had been advised of the possibility of such losses or damages.
8.7. Subject to clauses 8.6 and 8.9, the liability of the Company to you, whether arising from any misrepresentation, default, act, omission or negligence on the part of the Company or otherwise in connection with this Agreement and/or performance of Services in respect of any loss, damage, deterioration, misplacement, destruction, delay, non-delivery or mis-delivery of Articles shall be limited to the lesser of (a) the actual physical value of the Articles lost or damaged; or (b) the sum of HK$ 1,000.00 per Container, irrespective of the contents therein.
8.8. The maximum aggregate liability of the Company under or in connection with this Agreement (whether arising from negligence, breach of contract or otherwise) shall not exceed the amounts you have actually paid to the Company in the twelve (12) month period immediately prior to the date on which the cause of action first arose.
8.9. Nothing in this Agreement will operate to limit or exclude any party’s liability: 8.9.1. for fraud; 8.9.2. for death or personal injury caused by its negligence; and 8.9.3. to the extent such limitation or exclusion is not permitted by law.
9.1. You may terminate this Agreement in writing at any time by requesting the return of all the Articles stored with the Company and settling all outstanding Charges due to the Company.
9.2. The Company shall be entitled to terminate this Agreement at any time without cause by giving you not less than thirty (30) days’ prior written notice. In such event, the Company will refund any pre-paid monthly fees and arrange for delivery of your Articles back to you at the Company’s expense.
9.3. Without prejudice to any other rights or remedies which it may have, the Company may terminate the Agreement, without liability to you, immediately on giving you notice if: 9.3.1. you have failed to pay any amount due under the Agreement on the due date for payment; or 9.3.2. you have committed a material breach of any of the terms and conditions of the Agreement.
9.4. The Company may impose a minimum storage period as stipulated in the Pricing Schedule. In such case, if you terminate the Agreement at any time during the minimum storage period, you shall pay the Company all outstanding Charges including the monthly storage Charge per Container for the unexpired portion of the minimum storage period.
9.5. Upon expiration or termination of this Agreement and subject to clause 6, you shall make arrangement for the collection of the Articles within fifteen (15) days of the termination of the Agreement. The date and time for collection and/or delivery of such Articles shall be subject to the prior agreement of the Company and payment of the applicable delivery Charges in advance. Storage Charges shall continue to accrue until such times as the Articles have been collected and/or delivered in accordance with this Agreement.
10.1. Without prejudice to any other rights or remedies which the Company may have, in the event that: 10.1.1. the lien set out in clause 6 is not satisfied by payment within thirty (30) days of the date of the written notice of the Company to you notifying the outstanding Charges due and payable; or 10.1.2. you fail to collect the Articles within the period set out in clause 9.5, and such Articles have not been removed from the Company’s storage facility within thirty (30) days of the date of the written notice from the Company to you notifying the failure to remove such Articles, then in either case, the Company shall without any further notice have full power and at its sole discretion to elect to sell (by public auction or private treaty), dispose, destroy, return or otherwise deal with such Articles or any part of the Articles as agent for, and at your sole risk and expense, and you shall bear all costs and expenses whatsoever incurred by the Company incidental thereto. You shall indemnify and hold harmless the Company against any liability arising out of such sale, disposal, destruction, return or dealings with the Articles. 10.2. Should the Company elects to return the Articles to you, the Articles will be returned to your last known address and the Company shall be discharged from all liabilities whatsoever in relation to the Articles and shall be entitled to charge you the applicable charges. 10.3. Should the Company elects to sell any part of the Articles, the Company will apply the sale proceeds in or towards payment of all sums due to the Company and the expenses of the sale, disposal and/or dealing. The Company shall, upon accounting to you for the balance remaining (if any), be discharged from all liabilities whatsoever in relation to the Articles. If the Company sells part only of the Articles, it shall be entitled to raise storage charges and without further notice shall be entitled from time to time to sell and/or dispose of the remainder of the Articles in part or whole and apply the sale proceeds in reduction of the outstanding Charges in accordance with the terms of this Agreement.
11.1. You shall at all times defend, indemnify and hold the Company harmless, against any claims, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) suffered by, incurred by or awarded against the Company (including those arising from injury to or death of any person) arising out of or in relation to any breach of the terms under this Agreement by you or any other person accessing the Services under your account.
12.1. The Company will not examine the Articles deposited with it, save in the case of an emergency or in the event of accidental spillage, in the event we reasonably believe or suspect that they may contain any items described in clause 2.2.2 or where called upon to do so by you. In the event a court of competent jurisdiction or any competent judicial, governmental, regulatory or supervisory body requires the production of any item deposited with the Company by you, then the Company shall be deemed authorized to release the said items and to charge you a reasonable fee for work done in respect of that production.
13.1. You shall not assign, transfer or otherwise deal with all or any of your rights or obligations under this Agreement without the Company’s prior written consent. The Company shall be entitled at its sole discretion to assign, transfer, subcontract or deal in any other manner with all or any of its rights or obligations under the Agreement.
13.2. You acknowledge and agree that each agent and subcontractor of the Company is an intended third party beneficiary of this Agreement and is entitled to rely on all rights, representations, warranties and covenants made by you in this Agreement to the same extent as if each of those parties were the Company hereunder. Except as expressly provided herein, no term of this Agreement is enforceable by a person who is not a party to this Agreement.
13.3. The Company reserves the right to amend the terms and conditions of this Agreement from time to time and it is your responsibility to review these terms and conditions on each occasion you procure Services from the Company. Your continued use of the Services will be deemed to represent your continued acceptance to the latest version of this Agreement which will always be made available on the Website. If you do not agree with any changes to this Agreement, you may terminate this Agreement in accordance with clause 9.
13.4. The rights and remedies of the parties shall not be affected by any failure or delay in exercising any right or remedy except a specific waiver or release in writing and any such waiver or release shall not prejudice or affect any other rights or remedies of the parties. No single or partial exercise of any right or remedy shall prevent any further or other exercise thereof or the exercise of any other right or remedy.
13.5. Except as expressly stated in this Agreement the rights of each party under this Agreement are cumulative and not exclusive of rights or remedies provided by law save to the extent that such rights are inconsistent with those rights as expressly set out in this Agreement.
13.6. In the event that any part (including any sub-clause or part thereof) of this Agreement shall be void or unenforceable by reason of any applicable law, it shall be deleted and the remaining parts of this Agreement shall continue in full force and effect.
13.7. The Company’s Privacy Policy and Website Terms of Use published on the Website shall be deemed incorporated into this Agreement. Please refer to the Privacy Policy to find out how the Company handles your information, and Website Terms of Use to find out the terms relating to usage of and the activities on, the Website.
14.1. You consent to receive communications and notices from the Company by email via the email address you have submitted upon registration with the Company and agree that all terms, conditions, agreements, notices, disclosures and other communications that the Company provides to you by way of email satisfy any legal requirement that such communications would satisfy if it were in writing. Any notices by you to the Company must be in writing by email to the email address specified on the Website.
14.2. A notice shall be deemed to have been served from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
14.3. You shall promptly notify the Company of any changes in your contact details. In the event you fail to notify the Company of any change in your details, the Company shall be entitled to rely on your most recent details as shown on the Company’s records.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Hong Kong and the courts of Hong Kong shall have exclusive jurisdiction.
This Agreement is made in both English and Chinese. The English version of this Agreement shall prevail in case of any inconsistency between the two language versions.