RedBin Terms of Service
This agreement is considered the “Storage Agreement” and not considered an occupancy agreement and is considered in force at the point where Customer orders service from RedBin using the website located at www.redbin.com or when initiated service for the customer is established by a RedBin customer service representative on behalf of the Customer. The below terms and conditions are understood to be the “storage agreement” and fully in force and bound between the two parties. It is thereby Strongly Encouraged that customers read, understand and ask questions about this agreement before ordering service and binding the parties to this agreement. It is understood that the Customer is over 18 years of age and legally capable of entering into this agreement. As in many e-commerce platforms, this agreement is not ratified by signature, but rather the Customers initiation of service. The initiation of service is described as the point where Customer opens an account and willfully provides RedBin with credit card payment details, personal address and schedules dates for service. It is understood and agreed that these terms and conditions are accepted.
Owner is RedBin Technology, aka RedBin Storage or RedBin at 850 Third Ave, Brooklyn, NY.
2. Term of Storage:
This storage agreement shall begin on the day that Bins or property ordered and requested by customer are delivered and accepted. This date is referred to as the “anniversary date”. Customer hereby acknowledges and agrees that it is what the laws of the state of New York refer to as a “Month- to- Month Occupant”. This means that the term of this storage agreement shall automatically renew for the next succeeding month after the month in which it was originally entered and subsequently for all ensuing months thereafter payable on the anniversary date, unless terminated by either party by giving the other party at least (10) days’ notice in writing or cancelling service via website or call to customer service requesting bin return and cancel and the actual return of bin and receipt of empty bin event takes place. It is understood that such notice to cancel service is only the notice and advisement of customers desire to cancel service and actual cancellation date is only effective upon after final redelivery of stored bins are made AND the receipt of empty bins from customer, in satisfactory condition, to RedBin driver is completed. It is understood that since all service is based upon availability, that customer should consider the cancellation process and time therein when scheduling cancellation service. Customer agrees and understands that there is no grace period between date that final cancellation service occurs and the chargeable anniversary date.
3. Monthly Charges:
Customer agrees to pay storage charges for the services provided by RedBin at the monthly amount identified in the customer account portal and/or based on the amount of bins ordered by customer and stored on customer’s behalf including any extraneous items also identified in the customer’s order form and portal. Storage service is payable monthly in advance and without the billing or other demand by RedBin. Customer understands that all storage is subject to a three (3) month minimum term and payment for entire three month term will be made upon acceptance of this agreement and upon initial bin delivery. Storage charges are $5.00 per bin plus applicable tax per month and charged to the credit card on file.
Late Fee: Should chargeable fee for services fail to process due to expired credit card or credit card decline or any other reason what-so-ever, RedBin will notify customer via email and make a reasonable effort to contact customer to initiate payment. Upon day 5 or grace period after non-payment status is incurred, RedBin will process a late fee to customers account in the amount of $25.00 on the 6th day. After 30 days of nonpayment the late fee will increase to $35.00 for each month thereafter. In the event of delinquent accounts reaching +60 days in addition to late fees RedBin, at our discretion will apply a storage lien for all storage charges and fees incurred. RedBin reserves the right to auction items/bins on delinquent accounts past 60 days. Lien charges and charges related to accounts reaching auction status will be subject to additional charges outlined in section 12 (f) of this agreement.
Charge upgrades: customer acknowledges that storage can be a dynamic process in that items and moving to and from customer often many times throughout the term of agreement. In this time customer may wish to upgrade or downgrade there account by adding additional items into storage or deducting items from storage. An upgrade is when a client orders additional bins into storage above the original order. In this case the additional bins or upgraded items will be prorated to the date of original storage and invoiced accordingly. Downgrade is identified as a reduction in storage. A downgrade occurs when a customer’s original storage is reduced by the customer ordering bins back and essentially reducing their inventory. In this case, RedBin will prorate the lowered storage inventory level on customers account. Customer acknowledges that lower bin volumes in storage effect storage rates per bin and that reducing total bins in storage may effect higher per bin rates.
4. Delivery Charges:
RedBin will provide the initial bin delivery to customer’s premises and if not immediately instructed by customer, to return filled bins to warehouse, the initial pickup as well of filled bins from customers premises free of charge and at no cost to customer. Unless provided at a promotional term, all further and subsequent delivery services weather to upgrade, downgrade, redeliver or bin cancellation of service will be charged at a rate of $17.00 per trip and charged to customer’s credit card on file.
5. Customers access to RedBin warehouse:
Should customer wish to access items from bins in service, customers may elect to visit warehouse to gain access to stored bins. It is understood that the RedBin warehouse is not a public warehouse or self storage warehouse and maintains strict security measures which prohibit the public from entry. However, with appointment, customers photo identification and 24 hrs. notice, Redbin will grant customers access to bins in storage at no charge.
6. Delivery Windows:
Delivery windows of two hours are available when requesting service. RedBin will make all attempts to provide service within this window; however this is not a guaranteed service. Customers acknowledge and agree that delivery service in New York City can be delayed or interrupted by a variety of outside conditions including road closures, customer related delays and congestion. In the event of a delay in which the customer cannot wait for the delayed driver to meet service, customer will not be charged for that specific service.
7. No Show Fee:
When, upon request of service and appointment for service is initiated and provided by RedBin and customer either cancels appointment within 12 hrs. of scheduled service or is not available to receive or tender storage bins to RedBin upon driver arrival, a $25.00 no show fee will be charged to customer. This fee is higher than the $17.00 delivery fee and fairly compensates RedBin for labor to pull bins from storage, van loading, transport, cost of opportunity fee in providing service to others and the resulting return of storage bins back into storage service.
8. Customers Obligations:
a. No Bailment. Customer acknowledges and understands that no bailment is created by this agreement. RedBin is not engaged in the business of storing individual items for hire. RedBin, in providing storage bins to customers, represents a mini mobile on-demand self storage unit for usage as customer feels fit to use and place personal property owned by customer into for off- site storage by RedBin. RedBin does not take care, custody, control, possession or dominion of the contents of the closed bin in any manner what-so-ever and does not agree to provide insurance or any other form of protection of any kind or nature for the contents thereof. As such, it is expressly understood that customer assumes the sole and absolute risk of storing its property with RedBin. Except as provided in Section 182 of the Lien Law of the State of New York, the storage is under the exclusive control of the occupant.
b. Limitation of liability. The customer hereby expressly acknowledges, consents and otherwise agrees that RedBin will not under any circumstance whatsoever be responsible or otherwise liable, directly or indirectly for any loss or damage of any kind or nature to the property of the customer due to any cause including fire, explosion, theft, vandalism, wind, or water damage or defect whether known or subsequently created or discovered in the warehouse or for any act or omissions of any third party regardless of whether such loss or damage may be caused or contributed to by the negligence of RedBin, its agents or employees. Nothing in this agreement shall create any liability on the part of RedBin for any loss or damage to customer’s property, regardless of cause.
c. Limitation of damages: Customer acknowledges and agrees that a limitation of liability exists on the contents of the bin unit. Therefore, the customer hereby agrees to limit RedBin liability, if any, to $200. Per bin. Customer acknowledges and agrees that this limitation of liability is important and fundamental to this agreement to store items with RedBin. Therefore customer’s failure to comply with this limitation is a substantial breach of the customer’s obligations in accordance with the terms of this agreement. Any limitation of damages upon enforcement of lien shall only be pursuant to subdivision 7 of 182 of the Lien Law of the State of New York.
Customer acknowledges and understands that storage with RedBin is not suitable for the storage of items of sentimental, intrinsic or extraordinary value including, but not limited to, heirlooms, irreplaceable documents or records, invaluable property, artwork, objects of special or emotional value to the customer or objects for which no immediate resale markets exist. The customer agrees not to store any such property without first receiving RedBin written approval. Nothing contained in paragraph 5 or 6 herein shall be deemed to create any liability on the part of RedBin to customer for any loss or damage to customers property regardless of cause and that Redbin liability, if any, will none-the-less be limited to the amount set forth above.
10. Security Facility:
RedBin provides reasonable care in providing security to customer’s property via the use of including but not limited to 24hr front door security guard, 24 hr. video HD video camera system, motion detection system, security lighting and motion detectors.
RedBin maintains an obligation to its customers to take reasonable care in customer selection to protect its customer base, landlord, city and employees from dishonest or otherwise harmful users of the service. RedBin reserves the right to choose customers and deny service to potential or existing customers as long as decisions are consistent and without discrimination. RedBin will not deny service to any customer based on the person’s national origin, race, color, religion, disability, sex or familial status.
RedBin may use Self Storage Association (SSA) counter measure programs to determine high risk customers or customers that have high potential to injure harm or cause damage. Procedures comply with all state and federal laws and are consistent with Homeland Security vetting procedures which may include but not limited to photo ID, verifiable address, criminal back ground, other government verifications or the display of unusual or suspicious activity, comments or other discretionary indications of illegal activities which will be considered a fundamental breach of this agreement and dismiss customer from service.
The customer has been advised, herby acknowledges and otherwise agrees that RedBin has no obligation whatsoever and is not responsible to and will not under any circumstance provide or maintain insurance of customer property stored at RedBin warehouse. Customer understands and agrees that customer and customer alone is solely and exclusively responsible for maintaining its own insurance coverage and otherwise assumes all risk of loss.
12. Default and Remedy:
a. New York State Lien Law 182 provides that the owner (RedBin) has a lien on all property of customer held at the storage warehouse facility for storage charges or any other charges past due or due in the future and for expenses necessary and reasonably incurred for the protection of any monies due for the protection of any monies due to Redbin. RedBin’s lien is superior to any other lien or security interest and goes into effect as of the date the customer’s property is brought to the RedBin facility.
Should customer in any event.
- a. Fail to pay storage charges
- b. Fail to pay any other charges, including administrative/late fees or other.
- c. Abandon storage
- d. Fail to comply with terms of the agreement or any of the rules REDBIN may impose.
- e. Make any demand or give notice as may be required by law. And should customer fail to comply with such demand or notice within the time required by law, RedBin may declare this agreement terminated and sell customers property at customer’s expenses.
- f. Storage auctions. RedBin maintains a right to recoup all damages incurred from unpaid storage charges by way of auction. At our sole discretion, we will hold auctions from time to time and include non-paying customer accounts at the +60 day period of non-payment. Once bins enter “auction” status a $175.00 auction fee will be added to the unpaid storage balance to recoup the costs of hiring an auctioneer, publishing the auction legal notifications in newspapers and the costs of the auction event. In addition, a $30.00 per bin fee will be added to the account holders liability to compensate RedBin for the loss of the actual plastic bin as the winning bidders will own the bin and take it from circulation. Should customers, upon receiving the auction notice, make the decision to pay the account balance, the payment will only be accepted in person at 850 3rd Ave Brooklyn NY 11232 address during regular business hours in cash only. The owner of the storage at that point must pay all past due rents, late fees, auction fees and bin fees AND be prepared to remove their bins from the RedBin premises.
- Customer acknowledges and agrees that upon the happening of any Default as set forth above, the entire unpaid portion of any and all monthly fees for the entire remaining term and all other charges and expenses shall become immediately due and payable.
13. New York Law to Apply:
This agreement shall be constituted under and in accordance with the laws of the County of Kings and The State of New York and The City of New York.
14. Entire Agreement:
This agreement constitutes the entire agreement between the customer and RedBin and there are no representations otherwise. All of the provisions of this agreement shall apply to, and be binding upon the heirs, executors, administrators, legal representatives and successors of the parties hereto.