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TERMS OF SERVICE
PRIVATE CELLAR CONTRACT
TEMRS AND CONDITIONS

LOCKER NO.:

Guarantee Wine Storage, Inc. (the "Company") hereby rents _____________________ ("Tenant") the above-designated storage locker (hereinafter referred to as the "storage space" or "space") located at 215 Coles Street, Jersey City, New Jersey 07310 (the "Storage Facility") beginning on ____________________ (the "Commencement Date") and continuing month-to-month thereafter, upon the following terms and conditions, until either the Company or Tenant provides not less than thirty (30) days written notice canceling this Lease and stating the effective date of termination.

1.  Rent.    Tenant agrees to pay as occupancy charges the sum of $_________ per month, on or before the first (1st) day of each month in advance, at the Storage Facility or at such other place designated by the Company, without any notice or demand therefore, and without any abatement, deduction or setoff whatsoever.  Rates are subject to change upon thirty (30) days written notice.  Tenant may cancel this Lease upon thirty (30) days written notice if Tenant does not want to pay the increased charge, with the effective date of termination being the last day of the calendar month in which the increased charge would have become effective.  A full month's storage shall be charged for all goods remaining in storage for a fraction of a month; in no event shall Depositor be entitled to a pro-rated charge.  All rent is due and payable by the 15th of each month.  If Tenant shall fail to pay when due any rent due and payable hereunder, then interest at the rate of 1.5% per month shall accrue on such unpaid rent from and after the date on which such rent shall be due and payable, and such interest, together with a late charge of $25.00, shall be paid by Tenant to the Company at the time of payment of the delinquent sum.  Payments received by the Company may be applied first to late charges and/or the oldest rentals due, at the Company's sole discretion.  If Tenant shall deliver a check to the Company which is dishonored for any reason, Tenant shall pay the Company an additional charge of $200.00 for the Company's expense in connection therewith, and all future payment hereunder by Tenant shall be made by bank or cashier's check or money order.

2.  Use and Occupancy.    Tenant shall use the space for the storage of Tenant's wine (the "Wine"), and for no other purpose.  Tenant agrees that the space will not be used for operation of any business or for human or animal occupancy, nor will trash, food or other materials be allowed to accumulate.  No inflammable, combustible, explosive or other dangerous items, and/or items having an objectionable odor or which may spoil or decay, shall be stored in the space.  No items shall be stored in the space which shall be in violation of any order or requirement imposed by any Board of Health, Sanitary Department, Police Department or other governmental agency, or in violation of any other legal requirement, nor shall Tenant do or cause to be done any act which creates or may precipitate waste or a nuisance in, around or upon or in connection with the storage space.  Tenant shall not use or occupy or permit the space to be used or occupied, nor do or permit anything to be done in or on the space, in a manner which would cause or be apt to cause structural injury to the space or the Building or any part thereof.  Tenant will keep the storage space locked with a heavy duty padlock, and shall comply with all applicable Building requirements, rules and regulations, and all Legal Requirements.  For purposes hereof, the term "Legal Requirements" shall mean all present and future laws, statues and ordinances, including but not limited to, ABC Laws.  Tenant shall indemnify, defend and save harmless the Company, and its agent, employees, officers and directors, from and against any recovery, loss or liability to which the Company may be subject or which the Company may sustain, including, but not limited to, reasonable attorneys' fess and expenses, incurred by the Company arising from any breach of this covenant or by reason of any action or proceeding which may be brought against the Company (or its agents, employees, officers or directors) or against the Storage Facility, or any part thereof, by virtue of the violation of any such Legal Requirement.

3.  Access.    Except in the case of Tenant's default of any of the terms, covenants and conditions of this Lease, Tenant shall have access to the storage space upon presentation of proper identification on all regular business days during regular business hours as may be posted from time to time at the Storage Facility.  As of the signing of this Lease, normal business hours are from 7:00 a.m. to 7:00 p.m., seven days per week (except for certain legal holidays) with additional hours available upon special request.  For security reasons, Company personnel shall accompany all visitors (including Tenant) while on the premises.

4.  No Liability/Indemnity/Time for Filing Claims.    Tenant shall hold the Company, its officers, directors, partners, agents, employees and assigns harmless from all claims for loss or damage to property (including, but not limited to, the Wine) and/or injury to or death of persons caused by the acts or omissions of Tenant, its guests, licensees or invitees.  The Company shall not be responsible for any damage or injury that may happen to Tenant or Tenant's property stored in the storage space from any cause whatsoever during the period covered by this Lease, and Tenant hereby expressly releases the Company from and agrees to indemnify the Company against any and all claims for such loss, damage or injury, including, without limitation, costs and reasonable attorneys' fees incurred by the Company in connection therewith.  Without limiting the generality of the foregoing, the Company shall not be responsible or liable to Tenant, or any person claiming by, through or under Tenant, for any loss of, damage or injury to any property or to any persons or persons at any time in or about the Storage Facility from theft, fire, explosion, falling plaster, bursting, breakage, leakage, steam, gas, electricity, water, dampness, sewerage, lightning, rain, wind, snow, or any other cause whatsoever, nor shall the Company (except in the case of the Company's gross negligence or willful misconduct) be in any way responsible or liable to Tenant, or any person claiming by, through or under Tenant in case of any accident or injury including death to any of Tenant's employees, agents or invitees or to any person or persons in or about the Storage Facility.  All property stored in the Storage Facility is placed there at Tenant's sole risk, and the Company shall have no liability whatsoever for any loss or damage.  Tenant agrees to indemnify and hold harmless the Company, their officers, directors, partners, employees, agents and any mortgage of the Storage Facility or any portion thereof, from and against any and all claims, actions, damages, liabilities, losses, costs and expenses, including reasonable attorneys' fees, that arise out of or in connection with (i) the performance, use, occupancy, repair, maintenance or control of the storage space by Tennant or any part thereof or the property stored by Tenant, or (ii) any act or omission of Tenant or Tenant's agents, employees, contractors, licensees, customers or invitees, or (iii) any default, breach, violation or non-performance of this Lease or any provision hereof by Tenant, or (iv) any injury to person or property or loss of life sustained in or about the Demised Premises or any part thereof (except in the case of the Company's gross negligence or willful misconduct).  The Company shall in no event be liable for consequential or special damages resulting from the physical loss or damage to any property.  As a condition precedent to recovery, all claims must be in writing and filed with the Company within sixty (60) days after the loss of, destruction of or damage to the goods or any part thereof.  The Company shall not be liable for any claim of loss or damage or unauthorized access if the Tenant has not made full payment of all storage charges and other charges due under this Lease at the time of the filing of such claim.

5.  Assignment and Subletting.    Tenant shall not, without the express prior written consent of the Company (which consent may be withheld in the Company's sole discretion) sublet, assign or transfer this Lease or the storage space or any part thereof, or the interest of Tenant in the storage space or any sublease or rentals thereunder, or mortgage, pledge or encumber its interest in any of the foregoing.

6.  Insurance.    Tenant acknowledges that the Company's insurance in not intended to and does not cover (i) any property stored in the storage space, or (ii) any liability or responsibility imposed upon Tenant in this Lease.  Insurance specially designed for storage of wines, including coverage for replacement cost, may be obtained by Tenant through Rockefeller Risk Advisors, Inc. upon Tenant's request, at an additional charge.  Tenant hereby waives any right of subrogation against the Company, its agents and employees for any loss or damage to the Wine while it remains in the Facility, and to notify its carrier of the terms of such waiver.

7.  Default.    If Tenant shall (i) fail to pay rent when due for a period of two (2) or more consecutive months, (ii) abandon the storage space; or (iii) fail to comply with any of the terms, conditions or provisions of this Lease upon ten (10) days written notice from the Company; then the Company, in each such event, may, without obligation, at the Company's sole discretion (a) deny Tenant access to the storage space and/or over lock and remove Tenant's lock on the door of the storage space without being deemed guilty of trespass and without affecting the continuation of this Lease and Tenant's obligation to pay Rent, or (b) terminate this Lease upon three (3) days prior written notice to Tenant.  The Company shall have a lien upon and security interest in all of Tenant's property in the storage space for the payment of all sums agreed to be paid by Tenant herein, and upon the termination of the tenancy created herein, Tenant hereby grants to the Company the right to re-enter the storage space and remove any property therefrom.  Upon taking possession of same and at the expiration of thirty (30) days written notice of all sums due and owing hereunder, the Company may dispose of any such property by public sale, and after the Company has been reimbursed out of the proceeds of such sale for all delinquent rent and late charges, plus its actual costs and reasonable attorneys' fees expended in connection with such public sale, any amount remaining out of the proceeds of sale shall be transmitted to Tenant.

8.  Security.    Tenant has deposited the sum of $______ as security for Tenant's compliance with the terms, conditions and provisions of this Lease.  The Company shall have the right to use, apply or retain the whole or any part of the Security for (i) the payment of any storage or other charges which Tenant does not pay when due or any sum expended by the Company on the Tenant's behalf in accordance with the provisions of this Lease, and/or (ii) the cost of cleaning and/or repairing the storage space.  Tenant shall forfeit the entire Security if Tenant vacates the storage space without providing at least thirty (30) days prior written notice to the Company.  The Security, or the unused balance thereof, will be returned to Tenant, without interest, within thirty (30) days after the termination of this Lease and the removal of the Tenant's property from the Storage Facility.

9.  Signs.    No painted or other signs shall be placed by Tenant anywhere on, around or about the storage space.

10.  Rules and Regulations.    Tenant shall comply will the rules and regulations made by the Company and posted in the Storage Facility.  The Company may, from time to time, amend and/or add any rules and regulations, and Tenant shall promptly comply with same upon the posting thereof.

11.  Inspection.    Tenant acknowledges that it has selected the Facility and that it has had ample opportunity to inspect the storage space, and accepts the storage space in its present "AS-IS" condition.  The Company has not examined the property to be stored and makes no representation or Lease, express or implied, that the property stored is of the type or content represented by Tenant.

12.  Notice.    Any notice given under this Lease or pursuant to law must be in writing and will be sufficient if personally delivered or sent by regular, certified or registered mail, return receipt requested, to the address set forth below, or the last address provided by the Company or Tenant in a notice.  Notice deposited in the mail in the manner hereinabove described shall be effective, unless otherwise stated in this Lease, from and after the expiration of three (3) days after it is so deposited.  Notice given in any other manner shall be effective only if and when received by the party to be notified.  For purposes of Notice, the addresses of the parties shall, until changed in writing in accordance with this Paragraph 11, be as follows:

Company: the address set forth at the beginning of this Lease;

With a copy to: Fran Mulnick Parker, Esq.
   450 West 15th Street, Penthouse
   New York, New York 10011

Tenant:  ____________________________

   ____________________________

   ____________________________

13.  End of Term of Lease.    On the day the term of this Lease ends, Tenant will deliver possession of the storage space empty, broom-clean and in the same condition as it was on the date of the commencement of this Lease, ordinary wear and tear excepted.  Any personal property not removed on the date the term of this Lease ends will be disposed of at Tenant's cost.

14.  No Service by Company/Access by Company.    Except as otherwise expressly stated herein, the Company is not supplying any water, toilets, heating, electricity, cleaning, rubbish removal, assistance in storing Tenant's personal property or any other services or utilities.  The Company will supply lighting on the floor on which the storage space is located, and elevator service.  Stoppage of any services provided by the Company or the temporary exclusion of Tenant from the storage space or the Storage Facility will not entitle the Tenant to any reduction of the occupancy charges or create any liability or obligation of the Company to Tenant.  No agent of the Company shall enter the storage space except in the event of an emergency, or as may be required by subpoena or operation of law.  If the Company must enter the storage space, Tenant's padlock will be removed and replaced with another padlock.  No such entry will entitle Tenant to any reduction of the occupancy charge or create any liability or obligation of the Company to Tenant.  Notwithstanding the foregoing, neither the Company's authority to enter the storage space in the event of an emergency, nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Company to Tenant.

15.  Company's Right to Substitute Storage Space.    The Company may, at any time on written notice to Tenant, relocate Tenant from the storage space to another space in the Storage Facility (the "Substituted Space").  The Substituted Space shall be approximately equal in area to the original storage space.  This Lease shall continue in full force and effect as though the Substituted Space had originally been designated as the storage room in this Lease, except that all references herein to the space or the storage space shall refer to the "Substituted Space."

16.  Waiver of Trial by Jury/No Counterclaims.    Tenant hereby waives trial by Jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of the Company and Tenant, Tenant's use or occupancy of the storage space, or any claim of injury or damage.

17.  Miscellaneous.    This Lease represents the entire and integrated Lease between the parties herein, and supercedes all prior negotiations, representations or Leases, either written or oral.  Any waiver of a right or duty afforded under this Lease shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consent to or suffered the waiver.  This Lease shall be exclusively governed by and construed in accordance with the laws of the State where the Storage Facility is located.  In the event that any court of competent jurisdiction determines that any provision of this Lease is unlawful or unenforceable, each and every provision of this Lease shall remain in full force and effect.  This Lease will bind and benefit the Company and Tenant, and their respective heirs, executors, administrators, successors, and permitted assigns.  This Lease will not, however, bind the Company named in this Lease or any subsequent owner after it transfers its interest in the Storage Facility.

THE COMPANY TENANT:
_______________________
Name:
Title:
_______________________
Name:
Title:

I, ______________________, personally guarantee all of the obligations of Tenant arising out of this Lease, including, but not limited to, the payment of all rent and other charges arising out of the storage of Tenant's property.

___________________________
(Print Name)

CUSTODIAL CELLAR CONTRACT
TERMS AND CONDITIONS

Agreement dated ______________, 20__, between Guarantee Wine Storage, Inc., located at 215 Coles Street, Jersey City, New Jersey (the "Company" or the "warehouseman"), and ___________________, located at ____________________________("Customer").

1.  Charges.    Rates for storage, as set forth on Schedule A annexed hereto and made a part hereof, are per case or package per month.  One month's storage will be charged for each consecutive period of thirty (30) days, and/or any portion thereof, for which goods are stored.  In no event shall the Customer be entitled to a pro-rated charge, regardless of the number of days for which goods are stored within a thirty day period.  Rates are subject to change upon thirty (30) days written notice.  If Customer shall fail to pay when due any storage charge due and payable hereunder, then interest at the rate of 1.5% per month shall accrue on such unpaid storage charge from and after the date on which such storage charge shall be due and payable, and such interest, together with a late charge of $25.00, shall be paid by Customer to the Company at the time of payment of the delinquent sum.  Payments received by the Company may be applied first to late charges and/or the oldest storage charges due, at the Company's sole discretion.  If Customer shall deliver a check to the Company which is dishonored for any reason, Customer shall pay the Company an additional charge of $200.00 for the Company's expense in connection therewith, and all future payment hereunder by Customer shall be made by bank or cashier's check or money order.  In the event that Customer shall fail to pay when due any storage charge due and payable hereunder, then the Company may deny the Customer access to the facility and/or the Customer's goods being stored therein, and withhold all services hereunder.

2.  Delivery Requirements.    Goods may be delivered upon written instructions only, and must be pre-approved by the Customer.  The Company takes no responsibilities for typographical or clerical errors contained in instructions sent by the Customer, whether by e-mail, fax or letter.  Requests for delivery shall be made directly to the warehouseman.  All goods for storage must be shipped or delivered by the Customer to the warehouse properly packaged for storage and handling, and clearly marked with the Customer's name and account number indicated below.

3.  Responsibility for Loss or Damage.    The responsibility of the Company for any loss or damage to the Customer's goods while in the custody of the Company shall be limited to the Company's negligence.  Notwithstanding anything contained in this Contract to the contrary, the Company will not be liable for any damage caused to the Customer's goods by acts of God, seizure or other acts of civil or military authority, insurrection, riot, strike, or enemies of the government; loss or damage resulting from inadequate packaging or wear and tear, deterioration, flooding, sprinkler leakage, fire, insect or rodent infestation, from any cause not originating in the warehouse or from any other cause beyond the reasonable control of the Company, or loss or damage resulting from temperature or humidity changes or other causes incident to general storage.  THE WAREHOUSEMAN IS NOT AN INSURER OF THE GOODS STORED WITH IT.  Any liability of the warehouseman for loss or damage is limited to the occurrences set forth above, and is in any event limited as set forth below.

4.  Limitation of Damages and Claims.    THE CUSTOMER DECLARES THAT DAMAGES ARE LIMITED TO ONE HUNDRED ($100.00) DOLLARS FOR EACH CASE LOST OR DAMAGED.  For purposes hereof, a "case" shall constitute twelve (12) 750 ml bottles or the equivalent to such volume.  The Customer further declares that he or she will look to his or her own insurance for any additional damages.  Insurance specially designed for storage of wines, including coverage for replacement cost, may be obtained by Customer through Rockefeller Risk Advisors, Inc. upon Customer's request, at an additional charge.  Customer hereby waives any right of subrogation against the Company, its agents and employees for any loss or damage to the stored goods, and to notify its carrier of the terms of such waiver.  The Company shall not, in any event, be liable for consequential or special damages resulting from the physical loss or damage to any property.  As a condition precedent to recovery, all claims must be in writing, supported by a paid freight bill and filed with the Company within sixty (60) days after delivery of the goods.  No action may be maintained by the Customer against the Company for loss or damage to the goods covered hereunder unless commenced within twelve (12) months after the date of delivery by the warehouseman.  The Company shall not be liable for any claim of loss or damage if the Customer has not made full payment of all storage charges and other charges due under this Contract at the time of the filing of such claim.

5.  Warehouseman's Lien.    The Warehouseman claims a lien against all goods delivered hereunder or at any time hereafter, for storage by the Customer, and upon the proceeds of any sale thereof, for storage and service charges, and for any and all costs and expenses incurred in the maintenance of the goods and their sale pursuant to law.  Any goods for which storage or other charges remain outstanding ninety (90) days after notice thereof may be sold by the Company.  The proceeds of such sale shall first be applied to any indebtedness owing to the Company, and to any costs and expenses incurred with respect to the goods, the sale, and any efforts to collect such indebtedness.  Any excess shall be remitted to the Customer.  THE CUSTOMER HEREBY WAIVES ALL REQUIREMENTS OF NOTICE, ADVERTISEMENT AND DISPOSITION OF PROCEEDS REQUIRED BY LAW WITH REGARD TO AND IN FURTHERANCE OF THE WAREHOUSEMAN'S LIEN.

6.  Further Services.    This Contract shall apply to all further services rendered by the warehouseman in addition to the storage of goods, including, but not limited to, pick-up and/or delivery of the goods (unless otherwise indicated), handling or inventory.  This Contract shall not preclude additional charges for deliveries.

7.  Security.    Customer has deposited the sum of $______ as security for Customer's compliance with the terms, conditions and provisions of this Contract.  The Company shall have the right to use, apply or retain the whole or any part of the Security for the payment of any storage or other charges which Customer does not pay when due or any sum expended by the Company on the Customer's behalf in accordance with the provisions of this Contract.  The Security, or the unused balance thereof, will be returned to Customer, without interest, within thirty (30) days after the termination of this Contract and the removal of the Customer's property from the warehouse.

8.  Notice.    Any notice given under this Contract or pursuant to law must be in writing and will be sufficient if personally delivered or sent by regular, certified or registered mail, return receipt requested, to the address set forth below, or the last address provided by the Company or Customer in a notice.  Notice deposited in the mail in the manner hereinabove described shall be effective, unless otherwise stated in this Contract, from and after the expiration of three (3) days after it is so deposited.  Notice given in any other manner shall be effective only if and when received by the party to be notified.  For purposes of Notice, the addresses of the parties shall, until changed in writing in accordance with this Paragraph 8, be as follows:

Company: the address set forth at the beginning of this Contract;

With a copy to:  Fran Mulnick Parker, Esq.
   450 West 15th Street, Penthouse
   New York, New York 10011

Customer:  ____________________________

   ____________________________

   ____________________________

It is agreed that the address of the Customer is as set forth herein, and shall be relied upon by the warehouseman as the address of the Customer until notice of change of address is given in writing to the warehouseman and acknowledged in writing.

9.  Waiver of Trial by Jury/No Counterclaims.    Customer hereby waives trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Contract, the relationship of the Company and Customer, or any claim of injury or damage.

10.  Miscellaneous.    This Contract represents the entire and integrated Contract between the parties herein, and supercedes all prior negotiations, representations or Contracts, either written or oral.  Any waiver of a right or duty afforded under this Contract shall not be effective unless such waiver shall be in writing and signed by the party claimed to have given, consent to or suffered the waiver.  This Contract shall be exclusively governed by and construed in accordance with the laws of the State where the Storage Facility is located.  In the event that any court of competent jurisdiction determines that any provision of this Contract is unlawful or unenforceable, each and all remaining provisions of this Contract shall remain in full force and effect.  This Contract will bind and benefit the Company and Customer, and their respective heirs, executors, administrators, successors, and permitted assigns.  This Contract will not, however, bind the Company named in this Contract or any subsequent owner after it transfers its interest in the Storage Facility.

THE COMPANY CUSTOMER:
_______________________
Name:
Title:
_______________________
Name:
Title:

I, ______________________, personally guarantee all of the obligations of Customer arising out of this Contract, including, but not limited to, the payment of all storage charge and other charges arising out of the storage of Customer's property.

___________________________
(Print Name)

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