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Storage Terms & Conditions

Between the Client and the Branch of Vinh Hanh Investment Services Co.,Ltd., from hereon referred to as “Mini Storage”, addressed at 103 Van Phuc Street, Van Phuc Ward, Ha Dong District, Hanoi City or a branch whose name, address and description are included in the “Storage Agreement” (attached with the “Terms and Conditions”, “Appendix”). Whereas, the parties hereby agree as follows:

1. Definitions

“Building” means the mini storage facility located at the address stated in the contract;

“Client” means the tenant, renting one (01) Unit at Mini Storage’s Building;

“Contract Commencing Date” means the date of commencement of the lease as set out in the Contract;

“Contract End Date” is the date of ending the lease term;

“Deposit” means the amount of the deposit inscribed in the contract for ensuring the compliance and fulfillment of Client’s obligations under the terms and conditions set forth in the Agreement and the “Terms and Conditions”;

“Expiration Date” means the time when all prepaid rents have expired, but not yet at the end of the contract;

“Forbidden Items” means goods/ items/objects specified in Article 5 below;

“Goods” means any permitted property which the Client bring into and stores in the Building;

“Mini Storage” means the service provider and company renting Units in the Building to the Client;

“Monthly Rent” means the monthly rent stated in the contract;

“Total Rent” means the total amount of rent for the lease contract (following the agreed lease term), including prepaid discounts, due payments and amounts due.

“Unit” means the specific storage locker the Client is renting at the Building.

“Viet Nam” means the socialist republic of Vietnam;

 

2. Right to Occupy – After the Client pays the total rent as noted in the agreement, Mini Storage shall grant the Client (not any third party) a license to occupy the Unit for the sole purpose of storing goods (except forbidden goods) from the Contract Commencing Date until terminated in accordance with the provisions herein. For the avoidance of doubt, the Client hereby acknowledges and expressly agrees that nothing in the Agreement or these Terms and Conditions shall be construed so as to create a legal interest (concerning to the ownership) for the Client in the Premises or the Unit. The Agreement shall not create a tenancy or nor confer upon the Client any tenancy rights and shall not constitute a landlord- tenant relationship.

 

3. Inspection – The Client confirms that he or she has viewed and inspected the Unit and satisfied themselves in all respects as to its volume, size, suitability, safety, security, and condition.

 

4. Access to the Unit – Mini Storage reserves the right from time to time to make and vary regulations (the “Regulations”) without advance notice concerning hours of access, general management, and security regarding the Unit and / or Premises, and the Client agrees to observe and abide by such Regulations. The Client shall have access to the Unit at any time during the Access Hours. Mini Storage reserves the right to change the Access Hours at any time without giving any prior notice. The Client shall not provide third parties access to the Premises or the Unit, except when the Client has given advanced written authorization to Mini Storage for such third parties to enter or when such third parties accompany the Client at the time of a given visit. Mini Storage may ask for proof of identity from the Client or any other person at any time (although Mini Storage is not obliged to do so) and Mini Storage may refuse access to any person who is unable to provide satisfactory proof of identity.

The Client shall be responsible for ensuring that the Unit is locked at all times. Mini Storage shall not be responsible for locking any unlocked Unit.

The Client shall permit Mini Storage (and its agents, employees, contractors, or authorized persons) to enter upon the Unit at all times and for all purposes, including without limitation to inspect, repair, maintain, and alter the Unit, or to ensure the Client’s compliance and observance with the provisions herein. Mini Storage reserves the right to enter the Unit at any time without notifying the Client of same (and if necessary, breaking the lock to gain entry), for any of the following reasons:

  1. if Mini Storage believes the Unit contains Prohibited Items, or is being used in breach of the provisions herein,
  2. if Mini Storage is required to do so by the Police, Fire Services, or the Government of Viet Nam,
  3. if Mini Storage believes it is necessary in an emergency,
  4. to obtain access in accordance with the Agreement,
  5. to prevent injury or damage to persons or property, or if Mini Storage is of the opinion that any of the above applies, for the purpose of ascertaining the same. The Client hereby agrees that Mini Storage shall not in any way be liable or responsible to the Client for any loss or damage of whatever nature that may result from Mini Storage taking action under this clause. In case the client authorizes Mini Storage or its staff (by giving unit key or password) to enter the clients unit, the client shall never hold Mini Storage or its staff responsible for any missing or damaged items and the client hold ultimate responsibility towards the stored items.

 

5. The Client’s Obligation – The Client shall comply with the following:

  1. To give Mini Storage formal written notice of any address or phone number change within ten (10) days of such change.
  2. To maintain the Unit and every constituent part thereof in proper conditions and in a state of repair to be able to rent.
  3. To inform Mini Storage immediately of any damage to the Premises or Unit.
  4. To comply with the Regulations and the directions of any of Mini Storage’s staff.
  5. Not to make, or permit, any alterations or additions to the Unit or Premises (including without limitation attaching fixtures or signs) without Mini Storage’s advance written consent.
  6. Not to use the Unit for any purpose other than for self storage of Goods.
  7. g. Not to keep or store, or cause or permit to be stored, any of the following “Forbidden Items” in the Unit:
  • – a total value of Goods exceeding the client’s Property All-Risk insurance cover, or not insured items, and Mini Storage may ask for proof of,
  • – food or beverages of any sort,
  • – animals, or any other living creatures,
  • – explosives, combustible or flammable materials or liquids (such as paint, petrol, fireworks, oil, gun powder, salt, kerosene, or cleaning solvents),
  • – arms, weapons, or ammunition,
  • – chemicals, radioactive materials, biological agents, toxic waste, asbestos or other materials of a dangerous nature,
  • – items that emit any fumes, smells, odors, audible noise, or vibration,
  • – illegal substances, drugs, or any item harmful to public order or safety,
  • – substances, items, or goods illegally obtained,
  • – compressed gases, or any other hazardous or dangerous materials or materials whose storage is subject to control by law.
  1. Not to do, cause, permit, or allow, anything in or upon the Unit and / or Premises, or any part thereof that may be or become a cause to any obstruction or hindrance in the hallways, stairways, elevator, or any other portions of the Premises.
  2. Not to commit or permit any act that might cause Mini Storage to be in breach of any covenant in its leases, or any other contracts or agreements.
  3. Not to smoke anywhere on the Premises.


6. Alternate Unit – Mini Storage may, by giving two (02) days written notice (per email) require the Client to move their Goods from one Unit to a similarly-sized (or larger) Unit that Mini Storage designates. Movement of the Client’s Goods under this clause shall be at the Client’s risk. If the Client does not arrange the movement of their goods by the time specified in the notice, Mini Storage shall have rights to enter the current Unit and arrange for the Goods to be moved. Any movement arranged by Mini Storage shall be at the Client’s risk and expense (with Mini Storage permitted to add such expenses to the Rent). If the Client’s Goods are moved to an alternate Unit, the Agreement will be varied by the substitution of the alternate Unit number while otherwise continuing in full force in all respects subject to these Terms and Conditions.

 

7. Rent – The Client shall pay Rent prior to the start of the lease. Rent payments shall be made prior to the Contract Commencing Date without any deduction or offset for any amount. Upon each Renewal (as defined in Article 13), the Monthly Rent shall be paid prior to the due date unless the Client agrees to prepay additional months. If the Client terminates the Agreement before its expiration, the Client forfeits any unused prepaid rent, and shall pay the entirety of any unpaid contractual sum.

 

8. Deposit – Upon executing the Agreement, the Client shall pay to Mini Storage a deposit, which shall be returned to the Client (without interest) within fifteen (15) days of the termination of the Agreement provided that Mini Storage shall be entitled to deduct there from any unpaid sums due it from the Client under the Agreement.

 

9. Default in Payment of Rent – If the Client fails to pay Rent on or before the Due Date or any other payments due to Mini Storage under those Terms and Conditions of the Agreement, Mini Storage shall forthwith be entitled:

  1. to charge a fee on the late payment at VND10,000 per square meter per late payment day without affecting other rights of Mini Storage
  2. to deny the Client access to the Premise,
  3. to over lock the Unit with a second lock.

Mini Storage shall have a first lien on the Goods if the Client fails to pay any amounts due, if

(a.) any part of the Total Rent, administration charge, interest, or other sums due Mini Storage is outstanding for more than twenty eight (28) days after the date on which it is due (whether formally demanded or not),

(b.) the Client neglects to observe or perform any of the provisions in this Agreement, or

(c.) the Client becomes bankrupt, insolvent, enters liquidation, or makes any arrangement with creditors,

then, Mini Storage may undertake any or all of the following:

– terminate the Agreement

– calculate and request the payment for the entirety of the contractual cost and rent sum and charge the interest for any overdue sum,

– break the existing lock(s) on the Unit,

– remove the Goods from the Unit to such alternative storage facilities as Mini Storage may decide without incurring liability of loss or damage arising from such removal,

– demand reimbursement from the Client for the full cost of removing the Goods and storing elsewhere, along with any further costs

– treat the Goods as abandoned and destroy or otherwise dispose of them, and / or

– sell (by way of auction or private sale) and pass title of the Goods on behalf of the Client to purchaser(s). Mini Storage has the right to retain the proceeds of any such sale and apply them to discharge any outstanding amounts owed by the Client. If such proceeds are insufficient to discharge the full amounts owed by the Client, Mini Storage may undertake any legal action necessary to recover the balance.

 

10. Right to dispose of the goods
1. If, in the opinion of Mini Storage and at the sole discretion of Mini Storage, a defaulting Client’s Goods are either not saleable, fail to sell when offered for sale, or are not sufficient value to warrant the expense of attempting to sell, Mini Storage may dispose of all Goods in the Client’s unit by any means at the expense and sole liability of the Client.

  1. Upon termination of the Agreement by either the Client of Mini Storage, in the event that a Client fails to remove all Goods from their Space or the Facility, the Client authorizes Mini Storage to dispose of all Goods by any means within seven (07) days from the Termination Date, regardless of the nature or value of the Goods. The Client hereby waives any claim, interest, entitlement against the loss of title in the Goods and irrevocably assigns the title in the Goods to Mini Storage forthwith upon the occurrence of any of the events above.
  2. Any items left unattended in common areas or outside the Client’s space at any time may, at Mini Storage’s sole discretion be sold, disposed, or moved immediately at the sole expense and liability of the Client.

 

11. Non-Assignment – The Client may not assign any of their rights to, nor sublet or share part or the entire Unit, with any other party.


12. Exclusion of Liability – Mini Storage shall not be responsible for any Goods, to whomsoever belonging, stored within the Unit or left elsewhere in the Premises – the Client solely assumes all such risk. Mini Storage shall not be liable for any loss or damage, unless such loss or damage is proved to be solely caused by intentional default or gross negligence of Mini Storage, to Goods arising from any cause whatsoever. Mini Storage shall not be responsible for bodily to (injury or death) the Client as a result of the Client’s use of the Premises unless such injury or death is proved to be solely caused by the intentional default or negligence of Mini Storage.

 

13. Insurance – Mini Storage shall not need to insure the Goods whilst they are in the Unit. The Client shall buy a Property All Risks insurance (PAR Insurance), by themselves and take full responsibility for all risks for their goods storage. Indemnity – The Client agrees to fully and completely indemnify and to hold Mini Storage free and harmless, and defend Mini Storage against, any and all claims, liabilities, losses, and costs, however occurring, hereafter made, or brought, as a result of, or arising out of, the Client’s occupation, access to, or use of the Unit, and entry onto the Premises by the Client, or by any other person invited, or allowed, by the Client to enter the Premises.

 

14. Termination – At least ten (10) days before the expiry of the Agreement, either Mini Storage or the Client may send written notice of the termination/lease of the Unit. Should the Client fail to provide such notice in a timely fashion, the Agreement shall expire with immediate effect. At the termination, the Client must leave the Unit in good condition and is responsible for all damages to the Unit. The Client agrees that any Goods remaining in the Unit after the termination date shall be treated by Mini Storage as abandoned property and that after such date, Mini Storage shall automatically become the sole owner of such Goods, and shall have the legal right to dispose of such Goods by whatever means. Mini Storage shall have the rights to retain the proceeds of any such sale.

 

15. General – The Agreement and its Terms and Conditions are governed by the law of Viet Nam. In case of any disputes, both parties hereby submit to the competent courts. Where the Client is two or more parties, their obligations might be joint or separated at the court. Mini Storage reserves the right to refuse storage for any Goods regardless of reason. The two parties confirm that they understand the terms and conditions of the Agreement before signing. The Agreement supersedes any prior agreement / memorandum between the Parties. Any modification or amendment must be made in writing signed by both parties. In case that there is a different interpretation between the Vietnamese and English versions, the Vietnamese version will be used as a basis for explaining the contents of the contract.

Version:  2019 Nov 30

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