Storage agreement

Parties

This agreement is between Mountain View Hearth Products, Inc., a Montana corporation doing business as Mountain View Boat Storage (“Agent”), and the vessel owner (“Owner”). The facility is located at 3905 MT Highway 40 W, Columbia Falls, Montana 59912.

When you reserve, we collect your name, address, phone, email, the make, model and length of the vessel and trailer, and your insurance carrier. Those details, the storage fee and the storage duration form part of the signed agreement.

Assumption of risk

THE STORAGE PROVIDED BY THIS AGREEMENT SHALL BE SOLELY AT OWNER’S RISK AND OWNER HEREBY RELEASES AGENT FROM ANY AND ALL LIABILITY OR CLAIMS FOR ANY LOSS OR DAMAGE TO THE VESSEL/TRAILER, INCLUDING DAMAGE CAUSED BY NEGLIGENCE OF AGENT OR ANY OF AGENT’S EMPLOYEES, AGENTS, LICENSEES OR INVITEES.

The signed agreement requires the Owner to initial this provision separately.

Delivery to the facility

Agent accepts the Vessel/Trailer for storage at the facility. Owner is solely responsible, at Owner’s sole risk and expense, for transporting the Vessel/Trailer to and from the facility. Agent does not transport vessels. Delivery occurs only by appointment scheduled in advance with Agent, and retrieval occurs only as described below. Agent has no liability or responsibility whatsoever for loss or damage to the Vessel/Trailer occurring during transport to or from the facility, whether that transport is performed by Owner or by any third party engaged by Owner.

Payment and preparation

Owner pays the entire storage fee in advance, on or before the date the Vessel is delivered. No vessel is accepted for storage until the storage fee has been paid in full. Owner must fully winterize the Vessel and remove all personal property before delivery. Agent is not responsible for lost or stolen personal property left in the Vessel.

Spring retrieval

SPRING RETRIEVAL SHALL NOT COMMENCE PRIOR TO MAY 1.

Because vessels are stored front to back at capacity, the order and timing of retrieval is determined by where each vessel sits in the building. Beginning May 1, Agent schedules the retrieval of the Vessel and gives Owner not less than fourteen (14) days’ written notice of the scheduled retrieval date. Retrieval occurs by appointment on or about that date. Owner may request an alternate date, which Agent will accommodate to the extent Agent can reasonably reach the Vessel on that date.

Early retrieval

In addition to all other fees, an early retrieval fee of not less than $1,500.00 is assessed if Owner wishes to retrieve the Vessel at any time prior to May 1. Retrieving a single vessel before the facility opens for spring retrieval requires relocating every vessel positioned in front of it. There are no refunds in the event of a late drop-off or early retrieval.

Insurance

Owner carries insurance against loss by fire, theft, windstorm and other damage or loss. Owner warrants that the Vessel is insured, and remains insured throughout storage, under a hull and machinery policy or all-risk policy in an amount equal to the Vessel’s value, and additionally carries third-party liability coverage of at least $500,000 per occurrence. Proof of insurance must be provided at signing and must show that coverage applies to property kept away from the insured’s residence. AGENT WILL NOT INSURE ANY OWNER PROPERTY. Owner waives all rights of subrogation against Agent and its insurers for damage to the Vessel to the extent covered by Owner’s insurance, or that would have been covered but for a deductible.

Use of the storage space and access

The space is used only for storing Owner’s lawful property. It may not be used for any illegal purpose or to store illegal items. Bulk storage, flammable fluids, hazardous waste, explosives, perishables, live animals, antiques, collectibles, items of sentimental value and items with no readily determinable replacement value are all prohibited.

OWNER SHALL HAVE NO ACCESS TO THE VESSEL OR ANY PERSONAL PROPERTY CONTAINED THEREIN DURING THE STORAGE DURATION, AND RETRIEVAL MAY OCCUR ONLY BY APPOINTMENT SCHEDULED WITH AGENT AS PROVIDED ABOVE.

Indemnity and limits on liability

Owner indemnifies and holds Agent harmless from any loss, expense or claim arising out of damage, injury or death that Owner causes, or that is caused by third parties on the premises with Owner’s consent. Owner may access the facility while the Vessel is stored only with Agent’s prior consent and only in the company of Agent or Agent’s employees.

Agent is not liable for loss or damage occasioned by the act or omission of other owners on the premises or any other third person, nor for losses or damages resulting from theft, water, mold, mildew, extreme temperatures, fire, rain, storms, tornado, explosion, riot, rodents, civil disturbance, insects, sonic boom, land vehicles, unlawful entry, smoke, wind, mischief, vandalism, power loss or any other cause. In an emergency or threat to safety or security, Owner authorises but does not obligate Agent to take reasonable measures to mitigate damage, and agrees to pay Agent’s reasonable charges for doing so.

Lien

In addition to any statutory storage liens allowed by law, Agent has a valid contractual lien for all storage fees, holdover fees, early retrieval fees and other sums becoming due, upon all Owner property on the premises, upon Owner’s default.

End of season and late pickup

This agreement terminates at the expiration date stated in the signed agreement. If Owner fails to retrieve the Vessel/Trailer within seven (7) days following the retrieval date scheduled by Agent, Owner pays a holdover fee of $30.00 per day for each day the Vessel/Trailer remains at the facility, in addition to all other fees. Agent gives Owner written notice on or about the scheduled retrieval date before holdover fees begin to accrue.

If Owner terminates before the end of the storage period, or if Agent terminates because Owner has defaulted, the storage fee is retained by Agent and is not refunded or prorated. On termination, Owner must promptly remove the Vessel/Trailer by appointment scheduled with Agent.

Keeping your details current

If Owner’s residence, telephone number or email address changes, Owner gives Agent written notice within 10 days specifying the current details.

Enforcement

If legal action by Agent is necessary to enforce any provision, Owner agrees to pay Agent’s reasonable collection fees and attorney fees. No waiver of a default is implied from any failure to act on it, and one or more waivers by Agent is not a waiver of a later breach of the same term. If any term is held void or unenforceable, it is narrowed or severed and the remainder stays in full force.

Signatures and notices

A facsimile or electronically transmitted copy bearing either party’s signature is accepted as the original. The parties agree this agreement may be executed by electronic signature, that an electronic signature has the same legal force as an original handwritten signature, and that the parties intend to conduct this transaction by electronic means. The agreement may be executed in counterparts and is not assignable or transferable by Owner.

Notice is sufficiently given if sent by United States mail, return receipt requested, or by email to the address each party provides in the agreement. Notice by mail is effective on mailing; notice by email is effective on sending, provided the sender receives no delivery-failure notification.

Governing law

Flathead County, Montana is the venue for any dispute or claim arising from this agreement, which is governed by the laws of the State of Montana. Owner complies with all laws, orders, ordinances and other public requirements affecting the premises.

This agreement supersedes all prior understandings on its subject matter and may be modified only by a further writing executed by both parties.

Questions before you book?

Call 406-312-5187 or send us a message. We would much rather talk it through now.

Mountain View Hearth Products, Inc.
dba Mountain View Boat Storage
3905 MT Highway 40 W, Columbia Falls, MT 59912