TERMS AND CONDITIONS
By hiring Flexible Steel Campus Storage (“FSCS” or the “Company”) for the transportation, moving and/or storage of items, including, but not limited to, boxes and packages within the United States or internationally, and jointly through interchange with its partner companies, you (the “Customer”, “you” or “Student”) agree to be bound by the following Terms and Conditions (this “Agreement”). These Terms and Conditions are an essential part of the FSCS Order Form and Customer Agreement (“Order Form”). Flexible Steel Campus Storage does business in California under “Flexible Steel Movers LLC.” Terms for the shipment of goods via our preferred provider, FedEx, can be found at: www.fedex.com. FSCS reserves all rights not expressly granted in this Agreement. If at any time Customer does not desire to be bound by these terms and conditions, please immediately cease usage of FSCS’ services and notify Company immediately in writing. To the extent of any conflict between the terms of the Order Form, the Claim Form, and these Terms and Conditions, these Terms and Conditions shall be controlling. FSCS reserves the right to change or amend any portion of these Terms and Conditions at any time.
A. Ownership of Property
The Customer represents that he or she is the legal owner, or in lawful possession, of any property for which Customer has engaged FSCS to transport or store, that he or she has the legal right and authority to contract for services of all of the property tendered, upon the provisions, limitations, terms and conditions set forth in this Agreement, and that there are no existing liens, mortgages or encumbrances on said property. FSCS shall have a lien on any property tendered to it for all charges, fees, costs, or other recompenses that may be due it for services rendered.
B. Storage Services
Storage services shall include the pick-up, transportation, storage and delivery of the Customer’s packages. The Customer shall present pre-packed personal goods to FSCS or its representative at the pre-arranged time of pickup. Box kits will be either delivered to Pepperdine campus or shipped to the student’s mailing address after successfully signing up. Box kits are non-refundable. The Company will return to pick up Student’s boxes during the scheduled pick-up time within the allotted pick-up period as provided in the Order Form and provide transportation of items to a suitable storage location as chosen solely by FSCS. Student’s boxes will be returned to the appropriate building listed on the Order Form at the specified scheduled drop-off time within the allotted drop-off period. The Customer agrees to be present to receive the boxes at the specified delivery date, time and location. The Customer may designate in writing that another adult shall receive Customer’s boxes and sign off on Customer’s behalf. Changes to the previously scheduled delivery date or location must be communicated by the Customer in writing to FSCS at least 10 business days prior to the earlier of the originally scheduled delivery date and the new delivery date. Changes made within 10 days of delivery are not guaranteed, and a $50 fee will be charged, for a new date/time on our “free” days only. The Company requires prepayment for the entire storage period at the beginning of said period. The Company does not have an option for monthly payments. In the event of an emergency, where Customer desires to get their items out of storage before the agreed-upon delivery date, a $250 fee will be applied. The Company does not need prior authorization from Customer in order to charge the Customer’s credit card on file. In case of Customer requiring items be pulled out of storage before the agreed-upon delivery date, refunds of any kind will not be issued. Customer agrees to pay in full within 30 days of billing date for additional services or charges incurred. If after 31 days, the storage bill remains unpaid, Customer’s items shall be considered abandoned and Company may take possession of them.
C. Right to access boxes
Customer acknowledges that Company has the right to open any of Customer’s boxes, without prior consent, in the following circumstances:
1) A box is damaged or broken and requires the contents to be moved into another box. In this event, Customer would be charged for additional boxes/packing materials, and labor. The Company is not required to re-pack box and will do so at its own discretion.
2) Company witnesses any liquids or smells emitting from the box;
3) Company suspects that other’s boxes might be endangered by the contents of Customer’s boxes,
4) Company is in possession of abandoned boxes;
5) Security reasons of any kind which necessitate opening of the box;
6) Company needs to comply with any laws or court orders requiring the opening of the box.
D. Storage Facility
After pickup from Student’s residence hall or apartment, the boxes will be transported to a secure storage facility chosen at the sole discretion of the Company. The Company will make every effort to store the boxes at a constant room temperature. The term “climate-controlled” does not mean “air-conditioned.” Notwithstanding the foregoing, the Company will not be liable for any damage that may occur to the boxes due to mold or inadequate ventilation. Customer does not have access to our private storage facility; Company provides pickup and drop-off only.
E. Shipping services
Should Customer desire that the boxes be shipped, rather than stored in the Company’s storage facilities, the Company shall arrange for shipping of such boxes. Customer agrees to complete shipping labels provided by Company in a legible and complete manner prior to pickup of the goods by Company. The Company will pick up Customer’s boxes at the specified date, time and location, and deliver the boxes to the Company’s shipping carrier, primarily Federal Express (“FedEx.”) The Company shall act as an intermediary for the pick-up of boxes and delivery to FedEx. The boxes shall be shipped and delivered to the address requested by the Customer. Any terms for the shipment of goods via our shipping provider can be found at their website www.Fedex.com. Company will only insure shipped boxes for up to $100 of Declared Value, whether Customer uses their own boxes or FSCS’ boxes. Company will not ship any unboxed items. Company will not insure any other shipped items besides boxes, including suitcases, bins, duffel bags, and the like. Shipping suitcases or any items other than boxes are subject to additional shipping fees, due to the need for personal handling by FedEx personnel. The Company shall not be responsible for any damage that may occur during shipping. The Company will provide the Customer with the receipt from FedEx upon request, which will have information regarding the delivery date and box identification number. In the event of damage or loss, the Customer must contact FedEx for any resolution. The Customer may also contact the Company in order to request that the Company assist the Customer in this process. However, the Company will not be liable to the Customer for lost or damaged items once shipped. In the event that the Company needs to charge Customer for additional shipping fees that were not covered upon the initial shipping charge, fees must be received within 30 days of billing, else a $50 late fee will be charged and incur interest at the maximum legal rate.
F. Declared Value Coverage/Insurance
For storage purposes, Company only protects FSCS’ “logo’d” boxes (the “Flexible Steel Movers” boxes with our logo) for up to $100 per box, or up to $1,000 for the aggregate of boxes (ten boxes). Customer agrees that each FSCS logo’d box is valued at not more than $100 and that Company is limited to liability of “up to and not exceeding” $100 per box, or “up to and not exceeding” $1000 for the aggregate of boxes (maximum of ten boxes insured).
Boxes stored with Company that are of the Customer’s choosing and are not FSCS’ “logo’d” boxes, are not insured against any kind of loss or damage, and Customer acknowledges full liability and responsibility for those boxes. Any unboxed items for storage will also not be insured, and Customer is liable for any loss or damage to those as well. Notwithstanding the foregoing, FSCS will always do its best to handle items with care. If Customer wishes to insure all their “un-logo’d” boxes and unboxed items for storage, they may purchase additional storage insurance from www.collegestudentinsurance.com. For shipping purposes, all boxes used, including the FSCS’ “logo’d” box, as well as any boxes of the Customer’s choosing, will be insured up to $100 for any loss, damage, or negligence on behalf of the Company, or up to $1,000 for the aggregate of boxes (ten boxes). $100 worth of DVP on each box will be declared when the boxes are shipped from the carrier. No shipped items other than boxes shall be insured by the Company, including suitcases, duffel bags, plastic containers, and the like. Customer bears all responsibility for damage or loss of any shipped item other than a box. If Customer wishes to purchase additional shipping insurance for their items, they may contact www.collegestudentinsurance.com. For any loss or damage exceeding $100 per box, the Customer hereby agrees to assume all risk of loss, including damage or loss by theft, water, vandalism, fire, vermin, or acts of nature or terrorism. FSCS and FSCS’ agents, affiliates, authorized representatives and employees will not be responsible for, and the Customer hereby released from, any loss, liability, claim, expense, damage to property or injury to persons that could have been insured (including without limitation any loss arising from the active or passive acts, negligence or omission of FSCS or its agents, affiliates, contractors, authorized representatives and employees). Where the replacement value of the Customer’s possessions exceeds $100 per package (in the case of stored boxes with FSCS’ logo, or shipped boxes), Customer hereby agrees to assume all risk of loss or damage. In addition to the restrictions on storage provided in section M, the Declared Value of $100 per box does not include the following:
1) Fragile items, especially glass and mirrors,
2) Boxes improperly packed,
3) Damage due to regular wear-and-tear,
4) Electronic equipment damage, if there is no physical damage to boxes,
5) Concealed damage,
6) Damage caused to storage containers (plastic bins or containers, trunks, suitcases, etc.)
7) No insurance is provided for damage to couches.
Customer acknowledges that Customer is liable for any damages to the property of others’ items caused by Customer’s storage boxes, and will be fined accordingly.
G. Shipping services, International
The Customer shall be solely responsible for all taxes, tariffs, duties or any other fees due to destination or receiving country. The Customer accepts and agrees to pay for any and all fees or payments to a destination country government, private agency or agent. FSCS will act as the intermediary and collect such payments from Customer to clear shipped items for release, but FSCS shall not be responsible for failing to anticipate incurred fees or costs. The Customer agrees to prepare all international shipping forms accurately and truthfully. International shipments inbound to a U.S. campus must be picked up at Customer’s home by carrier no later than 15 business days prior to move-in or arrival date. FSCS is not responsible for delayed deliveries to campus due to customs or any other agency, public or private. International shipments bound for other countries must not contain items deemed unacceptable by the destination country or carrier. The Customer accepts ultimate responsibility for all items being shipped and agrees to indemnify and hold FSCS harmless for any items denied entry by a destination country, or for any liabilities associated therewith. The Customer agrees to pay FSCS a rate of $20 per item, per day, that is held in storage due to being denied for shipment and/or returned to FSCS. IT IS THE CUSTOMER’S SOLE RESPONSIBILITY TO DETERMINE IF ITEMS CAN BE SHIPPED TO THE DESTINATION COUNTRY. The Customer agrees to confirm the acceptability of their shipment with FedEx and any destination country or countries prior to contacting FSCS for shipping arrangements. All shipping charges, fees, costs, duties, tariffs or other amounts to be incurred in shipment must be paid to FSCS in full prior to item(s) being shipped. If required, FSCS may make the determination for the customer for an additional $100. Any international shipments from school-to-home shall be charged our surcharge of 35%, on top of the appropriate Fed-ex shipping charges.
H. Retail-to-school delivery
Retail-to-school delivery will be offered on a limited basis to select campuses. Purchases made by Customer and shipped to FSCS must be insured for the retail value at the time of shipment. Customer agrees to be responsible for processing any claim with carrier for any damage or loss during shipping. The Customer agrees to indemnify and hold harmless FSCS, its affiliates, contractors, employees, management or any other representative for any items lost or damaged during shipping. FSCS will deliver purchased items to campus on FSCS’ “free” day according to campus academic calendar for move-in. Customer agrees to contact and notify FSCS of retail purchase shipments prior to shipping. Customer further agrees FSCS is not responsible for items shipped prior to FSCS’ agreement or authorization to receive shipped purchased items. Any items not received by FSCS at least 15 business days prior to the “free” move-in date (August 29, 2021) will be subject to either a $250 out-of-window hand-delivery fee, or the shipping fees to the University mailroom including our $75 handling fee. It is the Customer’s responsibility to ensure items are received by set date.
Customer agrees to put student’s name on shipping label when shipping purchased items to FSCS in the following manner: Melinda Bassett c/o STUDENT NAME. If Customer forgets to include the STUDENT NAME, or puts down the incorrect shipper name (e.g. UPS, FedEx, etc.), and/or tracking number(s), a $50 fee will be applied PER PACKAGE. We must receive packages from retailer at least 15 BUSINESS DAYS (Aug 9) prior to the “free” move-in date of Sunday August 29, 2021. If items show up later than 15 business days prior to August 29, 2021, FSCS will charge a $250 delivery fee to deliver items to campus at a later delivery date. Unfortunately, we cannot email or phone call to confirm items were received. FSCS is not responsible for keeping track of tracking numbers; it is Customer’s responsibility.
I. Home-to-school shipping
Customer must ship items no later than 15 business days before move-in date. For 2021, that means items must be shipped by August 9. If Customer ships items later than 15 business days prior to move-in date, FSCS will not guarantee delivery by the general population move-in date of August 29, 2021, and a late delivery fee of $250 will apply. If Customer is shipping from Hawaii, Alaska, Puerto Rico, or other provinces, one additional week must be allowed for shipping. For 2021 that date is August 2. Boxes must not exceed 40 lbs. or 4 cubic feet, or a $50 fee will apply per box. If Customer ships from Alaska, Hawaii, P.R., or other provinces on any date later than August 2, 2021, FSCS will not guarantee delivery by August 29, 2021, and a late delivery fee of $250 will apply.
J. Payment
Customer shall pay the amount of the bill in full at the time of pick-up of the boxes, whether for storage or shipping. All payments shall be by credit or debit card. Customer hereby authorizes Company to charge the Customer’s credit or debit card for the balance owing for the services rendered and any additional fees, without notice. In the event Customer changes the date and/or location of pickups or drop-offs, additional fees shall apply and Customer shall pay such fees before any changes or access are authorized by Company.
K. Pick-up of boxes
Customer may request the date, time and location for pick-up of Customer’s boxes, but such date, time and location shall be assigned by the Company. The first pick-ups will generally start the week of the first scheduled exam and end the weekend after the last final exam according to the final exam schedule for each particular school. Any pick-ups requested outside of the specified final exam schedule will be subject to a non-refundable fee of $250. Please visit the Company website or inquire to find out about pick-up dates and associated fees. Customer must provide the Company with a written notice at least ten days’ prior in order to make scheduling changes without being fined. If Customer gives us less than ten days’ notice to reschedule, the rescheduling fee within the “free” pick-up date/times shall be $50. If Company arrives for either a pick-up or drop-off of boxes and the Customer or the Customer’s proxy is not there, it will cost an additional $175 to return within the “free” dates/times. If the pick-up is requested outside the final exam schedule (“free” pick-up days), such pick-up will cost an additional $250. FSCS cannot and does not guarantee that pick-up of the boxes will occur at a specified time during the pick-up window. Pick-ups occurring outside of the Pepperdine campus area will be charged a non-refundable fee of $250. In the event the boxes have not been properly packed by Customer, the Company has the right to re-pack the box(es) and the Customer may incur additional fees according to the time and/or materials used. Customer shall note the “packing tips” on the Company’s website.
L. Drop-off of boxes
Customer may request the date, time and location for drop-off of Customer’s boxes, but such date, time and location shall be assigned by the Company. The first drop-offs will generally start the week before the first day of classes and end the first day of class for each particular school. FSCS cannot and does not guarantee that drop-off of boxes will occur at a specified time during the Drop-off Window. FSCS will not conduct deliveries outside the window times listed online. The allocated delivery dates will be clearly listed while creating an order. You must agree to these delivery dates to successfully create an order/pick-up date. You can find the free delivery dates on your confirmation email for reference or email FlexibleSteelMovers@outlook.com requesting the designated free delivery dates at your school. If the Company attempts to make a delivery on the scheduled date and time specified on the Order Form, and the Customer or the Customer’s proxy is not available to accept such delivery, the Customer will get fined $175 for Company to re-deliver during the “free” days/times, unless the following arrangements have been made in advance:
a) Customer has sent Company a written notice at least ten days’ prior to scheduled delivery date, in order to reschedule date/time/location within the “free” drop-off days for no extra charge (including drop-off with a third party on campus who will sign for items), or
b) Customer has sent Company a written notice with less than ten days’ notice, in order to reschedule delivery for another date/time/location within our “free” delivery days, for a charge of $50 (including drop-off with a third party on campus who will sign for items), or
c) If Company receives no communications from Customer, boxes will be taken back to our storage facility, and it will cost $250 to deliver on an “out-of-window” date, in addition to storage fees. If Customer or Customer’s proxy is not present upon Company’s second attempt to deliver boxes, Company will leave items in front of doorstep and will be immediately discharged from any liability, and additional fees may apply.
The “free” delivery days will be listed on the Company’s website, and will also be visible on the Order Form when scheduling your delivery. Drop-offs occurring outside of Pepperdine campus (off-campus) shall be charged a non-refundable fee of $250.
M. Company packs up your room
1) If Customer needs FSCS to pack up Customer’s room, Customer authorizes FSCS to charge Customer accurately, based upon their labor rate of $150/hr., and
2) Customer agrees that FSCS is only liable for Customer’s belongings once FSCS is in possession of the belongings, and not before FSCS arrived while belongings were being held in University Housing.
N. Abandonment
In the circumstance that the Company attempts to deliver the boxes to Customer on the scheduled date, time and location, and Customer or Customer’s proxy is not at the drop-off as scheduled, Company will attempt to contact Customer by phone, email or mail. Along with the $175 fee, if the Company does not hear back from the Customer, the Company shall hold Customer’s boxes for thirty-one (31) days past the date of the scheduled drop-off and after such date will consider Customer’s boxes abandoned. The Company shall assume full ownership of the abandoned boxes and may sell, auction or give away any of the contents in the boxes, in order to offset some of its costs for storage and attempted deliveries.
O. Service restrictions
For the purposes of shipping, Company is only acting as an intermediary and it is the Customer’s responsibility to be familiar with the shipping carrier’s restrictions prior to packing the Customer’s boxes for shipping. For the purposes of storage, there exist a number of restrictions. Customer accepts full responsibility and liability for any damages or losses that result from Customer’s failure to note and/or obey the following restrictions. Customer agrees to the following:
1) No hazardous materials or firearms may be stored;
2) No food or food items such as canned goods, boxed goods, oils, seasonings, etc. Microwaves and mini-fridges must be thoroughly cleaned out prior to pick-up, or a $40 fee will apply.
3) No liquids may be stored, i.e., shampoo, laundry detergent, etc.
4) No live animals, plants or perishables may be stored;
5) No items consisting of jewelry, watches, precious or semi-precious stones;
6) No items of high value, including items valued at more than $100;
7) No boxes that have items valued at more than $100 per box;
8) No money, promissory notes, lottery tickets;
9) No furs or garments trimmed with fur;
10) No alcohol or illegal drugs;
Customer acknowledges that Company has the right, in its sole discretion, to refuse storage or shipping of any items it deems may violate any of the above, or which Company deems to be problematic to transport, ship or store.
P. Packing of boxes
Boxes intended for storage must be packed by Customer suitably for storage purposes. See “Packing Tips” on Company’s website. Company may refuse storage or shipping of any items that are deemed in violation of the restrictions.
Q. Third Parties
Customer recognizes that third parties and vendors are being used in order to carry out Company’s duties to Customer, and Customer acknowledges that no contractual relationship exists with these third parties.
R. Liability Limitations
Company’s maximum liability for any damage, loss, or expense incurred as a result of Company’s storage of Customer’s boxes, is limited to the terms of this Agreement, notwithstanding anything to the contrary contained therein. The Company’s maximum liability shall not surpass the fees that the Customer paid for Company’s services. Customer specifically agrees to hold Company and its agents harmless from and against any liabilities, damages, costs and expenses, actions, claims, demands, including without limitation, reasonable lawyers’ fees, arising out of, or in connection with the services provided under this Agreement. Company is not advertising themselves as professional movers and will not be held to any of the laws or rules governing professional movers or carriers. Customer waives the right to hold Company to any laws governing movers or carriers. Customer agrees that while the boxes and their contents are in Customer’s possession, Customer has full liability for, and shall bear all risk of loss and/or damage to Customer’s belongings, including while the belongings are in any common area, loading dock, or driveway of the residence. Customer also has full liability for any damage caused to others’ boxes, due to the contents of Customer’s boxes. Company does not assume any liability after picking up Customer’s boxes for any reason, except for loss or damage caused by express negligence of Company.
S. Fees
Customer gives Company the right to charge Customer’s credit card at any time and without notice, for any of the following additional fees.
1) $50 additional fee for any box for storage or shipping weighing over 40 lbs;
2) $250 or more, if Customer requests pick-up or drop-off outside the scheduled “free” dates on Company website; the Company will not conduct pick-ups or drop-offs on Federal holidays.
3) $50 cancellation fee plus the cost of box kit, if Customer cancels the order after signing up and receiving box kit;
4) $50 cancellation fee if the Customer has not received box kit and cancels an order with less than 14 days’ notice;
5) $50 re-scheduling fee if the Customer gives Company a written notice less than ten days prior to scheduled delivery;
6) $175 fee if FSCS arrives at pick-up/drop-off and Customer or Customer’s proxy is not there; this fee includes returning on our “free” pick-up/drop-off day, only. If Company has to come back on any day other than the “free” day, a nonrefundable fee of $250 will apply. Upon second delivery attempt, if Customer or Customer’s proxy is not present, packages will be dropped off in front of door and Company releases liability at that time.
7) $250 non-refundable fee for any pick-ups or deliveries occurring off-campus. Company will only hand-deliver up to 15 miles from campus. Any request for pick-ups/drop-offs at a location beyond 15 miles will cost more than $250, and can be discussed with the Customer.
8) $125 reservation fee for all orders;
9) $100 cancellation charge will be applied to orders cancelled within 48 hours of pickup;
10) $100 MINIMUM FEE per order, for any items that are improperly labeled; additional fees will be charged if items are missing and require extra resources to find them. MINIMUM FEE OF $100 per order on UN-LABELED ITEMS THAT CANNOT BE LOCATED.
11) $40 fee will be charged for each microwave or refrigerator that is not thoroughly defrosted and cleaned out;
12) For retail-to-room delivery service, items need to have been received by FSCS at least 15 business days prior to “free” delivery date. If items have not been received by this date, Customer has two options:
i) Pay for the item(s) to be shipped to the University mailroom, along with Company’s $75 handling fee, or
ii) Schedule hand-delivery with Company for $250.
13) For retail-to-room and home-to-school delivery service, if Customer forgets to include STUDENT NAME on label, or puts down the incorrect shipper name and/or tracking numbers, a $50 fee PER PACKAGE will apply.
14) For home-to-school delivery service, items need to have been shipped to Company at least 15 business days prior to “free” delivery date. If items have not been shipped by this date, and arrive late to Company, Customer has two options:
i) Pay for the item(s) to be shipped to the University mailroom, along with our $75 handling fee, or,
ii) Schedule hand-delivery with Company for $250.
T. Customer information
Customer agrees that any information provided to Company is accurate and complete. Customer is required to notify Company of any changes made to Customer’s name, address, email address, phone number, and credit card info or other billing information. Customer agrees that if Company is unable to reach Customer, or if Company cannot process any fees or charges payable under this Agreement, the Customer’s property is considered abandoned after 31 days.
U. Claims
Upon loss or damage to any of Customer’s property, Customer agrees first, to file any claims with Customer’s insurance company, or the insurance company of Customer’s parents. After these claim attempts have been resolved, Customer may then make a claim against Company. For damage claims to FSCS “logo’d” boxes, Company personnel must inspect boxes at time of delivery. Stored boxes that are not FSCS “logo’d” boxes are not insured for any amount of loss or damage. Stored unboxed items are also not insured by Company for any amount of loss or damage. FSCS “logo’d” boxes must be opened so that Company personnel can confirm damage. Damage claims must be filed within five (5) days after delivery of boxes. For loss claims, Customer must notify Company personnel at time of delivery and sign receipt noting the lost FSCS “logo’d” boxes. Company personnel must also sign receipt noting the lost boxes. Customer has five (5) days to file a claim with Company for lost FSCS “logo’d” boxes. Company will respond to the Customer’s claim within 30 days after receipt of claim form. Upon approval of the claim, Company, at their sole discretion, shall either:
1) Compensate the Customer for the depreciated value of the item in the FSCS “logo’d” box (condition of item, length of time it has been owned, etc.), up to and not exceeding $100.
2) Compensate the Customer for the replacement value of the item in the FSCS “logo’d” box, up to and not exceeding $100.
3) Compensate the Customer for the Declared Value of the FSCS “logo’d” box, which is $100.
V. Applicable law
This Agreement shall be governed by the laws of the State of California, without regards to conflicts of law. Customer and Company agree that if a dispute arises out of Customer’s usage of FSCS’ products or services, and cannot be resolved between Customer and Company, it shall be subject to arbitration before AAA or any other recognized arbitration agency. Customer expressly waives any right to a court trial or jury, and agrees that he or she shall not participate in any class or representative action with regard to FSCS’ services.