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Terms of the agreement
1
1. Storage Details
2
2. Personal Details
3
3. Schedule
4
4. Confirmation

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Terms of the agreement

Whereas Company provides storage services and possesses the knowledge, capabilities and experience to provide such services and also controls the appropriate facilities for the purpose of providing such services;
And whereas Client wishes to store items or receive dedicated boxes from the Company (hereinafter: The Boxes) intended for the self-packing of various items and their delivery to the Company for the purpose of storing them in its warehouses and all subject to the provisions of this agreement;
וAnd whereas and based on the declarations and undertakings of the Client as set forth in this agreement herein above and hereinafter, Company agrees to receive from the Client the items and/or Boxes as packed by the Client for the purpose of storing them in its warehouses;

It has therefore been declared, agreed-upon and conditioned between the Parties as follows:

  1. The preamble to this agreement and its appendixes constitute an integral part of the agreement.

Nature of the Engagement

  1. The Parties hereby agree that Company shall provide storage services to the Client for the applicable Boxes and items which shall include, as needed, the supply of Boxes, their collection, storage of Boxes and items in Company warehouses and the retrieval of the Boxes and items from Company’s warehouses and transfer to the Client upon his request, and all subject to the terms and provisions of this agreement.

Client Declarations

  1. Client declares and undertakes that the packing of items in Boxes (hereinafter: Box Items) shall be undertaken by the Client, and also declares that he is the owner and/or entitled and/or authorized party to hold all of the Box Items, with no exception, and undertakes that such status shall be maintained until the conclusion of the engagement between the Parties and the return of the Boxes to the Company when they are empty and in good and working order as set forth in this agreement and its appendixes.
  2. Client declares and undertakes that he shall not make any use of the services provided by the Company for illegal purposes and also that the Box Items shall in no way and at no time include items to which one of the following applies: box contents exceeding a value of NIS 5000; jewelry, antiques, furs and/or works of art; items made of glass, explosives, and any other prohibited or hazardous or illegal materials. It has been made clear to the Client that storage of any of the aforementioned materials shall lead to termination of Company’s responsibility towards the Client, and further, a lawsuit may be filed against him for third-party damages. Any violation of the provisions of this current Section grants Company the right to terminate the agreement immediately and take any action required by the provisions of any law in such circumstances, including filing a complaint with the police.
  3. Client declares and affirms that it has been made clear to him and that he is aware that it is his responsibility to prepare records of Box Items and that he affirms that he has been made aware that the act of retrieving Boxes applies to at least one box and not the retrieval of any one item separately stored in them.

The Service

  1. Transport of Boxes and items from Client’s address/operations center, receiving and arranging them in Company’s warehouses, as well as transport of Boxes from Company’s warehouses to Client’s address (as declared by Client in the Client Details appendix)/operations center, as requested by him, over the course of the engagement period as well as upon the conclusion of the engagement period, shall be undertaken by the Company and at the expense of the Client as set forth in the Personal Details appendix to this agreement.
  2. Company shall not send or return Boxes and/or items to addresses outside the distribution zone unless it grants its written consent to such. Collection, delivery and return times are estimates only, and Avia shall bear no responsibility for any delays in delivery, collection or return.
  3. Service components to be provided by the Company to the Client, their conditions and restrictions are as detailed in Appendix B to this agreement.

Agreement Term

  1. This agreement shall remain in effect for a period of one year from the time a Box and/or items is received at Company’s warehouses, or any other date to be agreed upon in writing between the Parties (hereinafter: Storage Period).
  2. The Parties agree that the Storage Period shall be automatically extended for one additional year, and this excluding cases in which one of the parties notifies the other by email/telephone/WhatsApp of the conclusion of the storage and this no later than 30 days prior to the conclusion of the applicable storage year.
  3. Without derogating for the rights of the Company to bring the agreement to a conclusion as set forth in the agreement, Client may bring this agreement to a conclusion by providing notice by email/telephone/WhatsApp no less than 7 working days prior to the date of the conclusion of the Engagement Period.
    The minimum Storage Period for each Box and/or item is 30 days, beginning on the date on which a box and/or item is received at Company’s warehouses, unless the parties have agreed upon otherwise explicitly and in writing.
  4. It is hereby clarified that upon the conclusion of an engagement on the date established in this agreement, Client shall return the Boxes to the Company when they are free and clear of any item or object within 14 days from the date on which the Boxes were returned to him. A one-time fee, as set forth in Appendix B to this agreement, shall be charged for any box not returned to the Company within 14 days. Notwithstanding the aforementioned, Company may, at its own exclusive discretion, conclude an engagement with a client upon the engagement conclusion date pursuant to this agreement and/or subsequent to it, and this at its exclusive discretion and in a manner and under terms as it sees fit.

General Terms

  1. Prices noted in this agreement and its appendixes serve as a basis and agreement by the Client for monthly payments. Monthly storage fees shall be linked to the Consumer Price Index. In any case in which the Index, in a calendar year, increases by a rate higher than 5%, linkage shall be applied to the start of the year or the start of the Storage Period, the later of these.
  2. The pricelist appended to this agreement represents the pricelist for Company’s services as of the date of this agreement between the Company and the Client. By entering into this agreement, Client affirms and declares that he has been made aware that prices set forth in the pricelist shall remain in effect until the upcoming price adjustment date, to be applied by the Company once every 12 months by way of an increase at a rate of up to 8% compared to current prices, and that he grants his consent to such in advance. The adjustment shall be undertaken pursuant to Company’s current pricelist in effect at the time. At around the time of any adjustment to the price, Company shall send notice to the Client to the email address noted by him in the process of preparing this agreement and shall also publish the current pricelist on its website at www.avia2000.co.il. Client may at any time notify the Company of his wish to bring this agreement to its conclusion so long as he provides Company with advance written notice on this matter, no less than 14 days prior to the date of the conclusion of the agreement.
  3. To avoid doubt, unused boxes which are returned empty and in proper condition to Company’s agent shall not be invoiced, so long as no more than 2 weeks have passed from the date the Boxes were provided.
  4. Consideration is paid in return for a right to store the Boxes and/or items in Company’s warehouses and their retrieval at Client’s exclusive request and does not include any other services of any kind.
  5. Consideration includes basic insurance coverage as noted in Appendix B to this agreement, and Client hereby affirms and declares that he has been made aware that the validation and force of the insurance is only in effect following completion of the Insurance form.
  6. Client must declare, on the Insurance form, all contents put in the Boxes and note values reflecting the real value of each Box or item.
  7. To avoid doubt it is hereby emphasized that the maximum amount for breakage damages is NIS 500.
  8. To avoid doubt it is hereby emphasized that insurance amounts noted in the policy list are not agreed-upon amounts. Amounts noted in the Insurance Form are the maximum amounts to be indemnified by the insurer in the case of an insurance event.
  9. In the case of any damages, compensation shall be made by the insurance company and in accordance with the Insurance appendix submitted to the Company by the Client and/or his representative.
  10. Company is not responsible, beyond the insurance coverage, for any damages caused to items, but is willing to act to insure them against damages caused from burglary, fire, flooding or other natural disasters (excluding earthquakes) in return for a premium of 0.18%.
  11. Deductible in the case of damages is NIS 800 and shall be paid by the Client.
  12. The insurance policy does not apply to cases of simple theft (theft without signs of breaking and entering).
  13. Should Client fail to remit the full consideration and insurance consideration to the Company by the date on which the Storage Period is concluded, Company may delay delivery of the items and/or Boxes at its discretion, and by affixing his signature on this agreement, Client provides his agreement to Company’s lien claim to the Boxes and all their contents, as well as a right to make deduction from any debt owed by the Client using proceeds from Box Items.
  14. By affixing his signature on this agreement, Client affirms that should he be in payment arrears for a period of two months or more Company may take any action regarding the contents at its discretion, including – transport the property to Client’s address, transport the property to a central warehouse, or take any other legal or commercial action, and Client shall be deemed to have granted a final and absolute waiver regarding all of his rights to the Box Items and items. To avoid doubt it shall be clarified that in such a case Client shall be liable for all costs associated with handling the Boxes and items in the manner described above, and shall also be liable for any charges accumulated until the process is concluded.
  15. Any notice sent by one party to the other by registered mail or email, using the address set forth in this agreement (or a new address to be notified from time to time), shall be deemed to have been received at the recipient’s address following the passing of 72 hours from the time of its posting at the post office or its transmission by email.
 

Appendix A – Pricelist

Box/item pricelist:

Item30 Day Item Price
Plastic Box
Maximum weight 25 kg
NIS 12
Medium item
in sizes of up to 130cm X 60cm X 70cm
Maximum weight 25 kg
NIS 20
Large item
in sizes of up to 130cm X 120cm X 70cm
Maximum weight 25 kg
NIS 40
 

Complementary Services Pricelist:

ItemPrice
Supply of plastic boxes to Client’s homeFree of charge
Return of boxes and/or items to Client’s homeNIS 49 for first Box/item and NIS 10 for each additional item in same return
Urgent return of boxes and/or items to Client’s home, within four hours (requests to be submitted by 2 pm on Sun-Thu)NIS 300, up to two Boxes/items per return
Return of Boxes and/or items to Tel Aviv Carlebach / Petach Tikvah Kiryat Arieh / Holon / Rishon LeZion / Tzur Yigal / Harel branchesFree of charge, limited to 3 Boxes/items a month
Transport of Boxes and/or items to the Avia warehouseFree of charge
  • Prices include VAT.
  • Prices include insurance coverage of NIS 500 for each Box/item.
  • For each additional coverage of NIS 1,000 - NIS 1.8 for a 30 day period.
  • Retrieval of Boxes and items is limited to up to 4 items on any single distribution date.
 

Appendix B - Service Terms

Supply and Collection of Boxes

  1. Scheduling of a date for the supply of Boxes shall take place only once Client signs the agreed-upon contract.
  2. Minimum Storage Period is 30 days.
  3. Please note that only the initial collection of Boxes and smaller items associated with the order is free of charge (except when the fault is ours and we must return to Client’s address to complete the collection).
  4. Should upon our arrival to deliver the Boxes/items we are unable to enter or no one is made available to us at a client’s address, we will leave a message for the client on the matter, and Client is requested to note that he may be charged an additional fee pursuant to the pricelist. Please contact us to reschedule the delivery. We reserve the right to refuse a second or more repeat delivery and to terminate Client’s order when the initial delivery fails through no fault of our own.
  5. In Immediate Storage of Boxes, within 20 minutes from the time the empty Boxes are brought to him, Client shall box all of the items and return the full Boxes to the transport driver;
    Collection on a different date – Client must schedule a date for collection of the Boxes, no later than 14 days.
  6. When there is an elevator available at Client’s delivery address, we will send, collect and/or return Boxes and/or items to any floor this elevator serves, so long as the Boxes and/or items may be transported in this elevator. When no elevator is available at Client’s delivery address, or when this elevator does not serve the floor on which Boxes must be collected or delivered, we will deliver, collect or return the boxes to any floor up to the third floor at Client’s delivery address. Any additional floor beyond the third floor shall incur an additional fee of NIS 10 per Box per floor.
  7. The maximum weight for any Box/item is 25 kg.
  8. Clients must ensure that the lid of each box may be properly closed once loaded. The transport driver may refuse any Box which does not properly close and/or require client purchase additional boxes.
  9. The Parties may abbreviate or conclude the lease term on a date other than the date derived from the agreement, so long as advance notice of 14 days at least is provided.

Return of Items to Client

Items shall be returned to the Client only upon Client’s demand and subject to the following provisions:

  1. Client’s request for retrieval shall be submitted to the Company by email or WhatsApp message in which Client details the serial number of each item/box required for retrieval.
  2. Company shall provide the Client, at his address or at the operations center, the item/box requested by him, at a time based on availability and solely at its discretion.
  3. Distribution of boxes/items to clients’ homes shall be made in accordance with details on the website and on the condition that notice is received by the Company up to and no later than 2 PM on the working day preceding the distribution date. Company may revise distribution dates so long as there are no fewer than two distribution dates every week and that notice is provided to clients on this matter. Clients may request an urgent return of items, to be completed within four hours from the time of the request, so long as the request is received by the Company up to and no later than 2 PM on Sunday through Thursday. Payment for urgent returns is as set forth in Appendix A.

Insurance

  1. Company is not responsible, beyond the base NIS 500 per box/item insurance, for any damages caused to items, but is willing to act to insure them against damages caused from burglaries, fires, flooding or other natural disasters (including earthquakes) in return for a premium of 0.18%.
  2. Client affirms that the value of the items is not known to us; any expansion of the insurance coverage beyond the base insurance necessitates a completed Insurance Specifications Form.
  3. Client declares that excluding the items noted in the Insurance Specifications form in this agreement, he is not storing and will not store additional items the total value of which exceeds NIS 500 in each box without declaring this on the Insurance form. Furthermore, storage of jewelry, antiques, furs and/or works of art is not permitted – storage of such items is not covered by insurance.
  4. To avoid doubt it is hereby clarified that insurance amounts noted in the list included in the Insurance Specifications Form are not agreed-upon amounts. The amount noted in the list included in the Insurance Specifications form is the maximum amount to be reimbursed by the insurer in the case of an insurance event.
  5. Clients must inspect the items upon their return from our storage facility, and if client is of the view that items have been lost or damaged in any way, he must notify us within no more than 24 hours regarding such loss or damages.
  6. Client may not store any item the value of which exceeds NIS 5,000.
  7. Any Box/item the value of which exceeds NIS 5,000 it has been explicitly agreed upon that client is willing to take upon himself the full liability for the Box/item.
  8. Any risk pertaining to the items shall at all times apply to the Client. With regard solely to leasing services, any risk inherent in the Boxes shall be transferred to the Client the moment such Boxes are: (a) Personally delivered to the Client/Client’s authorized representative; or (b) Remain in the delivery location noted on the Client’s order (as applies). Any risk inherent in the aforementioned Boxes shall be returned to us once these Boxes are collected by us on the collection date or another date as agreed upon in writing between the Client and ourselves.
  9. In the event of damages, compensation shall be remitted by the insurance company and in accordance with the insurance appendix provided to Avia by the Client/his representative.
  10. Deductible in the case of damages is NIS 800.

Charges

  1. Initial Payment Date shall be upon receiving the Boxes at the storage facility, but no later than 14 days from the date on which Boxes were delivered to the Client.
  2. Should Client terminate an order with fewer than one working day notification prior to a scheduled date for a delivery, collection or return, Client shall be charged NIS 120.
  3. All payments include VAT. Upon any change to the VAT rate, we shall adjust VAT paid on Client’s payments, and such adjustment shall go into effect on the effective date of the VAT rate change.
  4. From time to time, we may reconsider and revise monthly fees for storage services, and such revised fees;
    - shall go into effect immediately for new orders; and
    - be made known to the Client by way of an email message to the email address noted in the subsequent month’s monthly invoice concerning existing orders, and shall go into effect beginning with said billing date. Should Client refuse the revised fees, he may terminate the agreement within 14 days.
  5. Solely with regards to storage services, should any debt concerning storage services not be settled within 90 days following the maturity date, the following conditions shall apply;
    - We may sell the items and transfer full ownership of the items to the buyer;
    - We may retain and/or remove a portion of the items or all of them.
  6. Purchase/loss of Box – NIS 90 for each Box.

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