Both parties (The client and EasyGoBack) contractually recognise each other’s legal capacity to formalise this DEPOSIT AGREEMENT to which effect:
EXPOSE 1.- That the depositary is devoted to the activity of movable property storage under the conditions established in this document and acts under the commercial trading name of EASYGOBACK. 2.- That for the performance of this work, EASYGOBACK has the necessary material and human resources for the storage, transportation and handling of the goods covered by this contract. 3.- That the depositor is the declared owner of the goods inventoried in Table No. 1of this document, has an interest in temporarily delivering them to EASYGOBACK, who receives them for storage. The parties agree to carry out this COMMERCIAL STORAGE contract as follows: CLAUSES FIRST CLAUSE.- OBJECT OF THE CONTRACT under which the depositor delivers the movable property to EASYGOBACK in the quantity and description covered in the table attached to this document, explicitly recognising the depositor as being their owner and having been acquired under valid title under the Law. Prohibited substances, weapons, flammable substances, toxic substances or substances classified as dangerous, explosives, acids, liquids or any material that may undergo decomposition or cause damage or damage to other objects that are also stored, may not be stored. The owner or their official representative will be held responsible in the event of any damages that may occur due to breach of the above, by hiding content or disregarding the truth in the declaration thereof. The storage of food, perishable products, animals or insects is totally prohibited. EASYGOBACK will only accept goods whose maximum value declared by the depositor is € 250, and the storage of higher valued goods may be rejected.
SECOND.- PLACE OF STORAGE.- EASYGOBACK will provide its storage service at the facilities located in c / Parque El Canario no10, providing all the administration requirements for the conservation of the goods during the duration of the storage contract, and is obliged to notify the depositor of any changes with regard to both the place of storage and the technical conditions that the best conservation of the stored goods may require.
THIRD.- TRANSPORTATION.- Transportation of the goods by road on the island of Gran Canaria is included in the price of storage. EASYGOBACK agrees to pick them up at the place, day and time indicated by the depositor in table no 1 and to transport them with due diligence to the warehouses referred to in clause two. After their inventory and acceptance, the goods must be placed in sealed and numbered boxes for transportation, except in cases where the object in question is too large and must therefore be numbered separately and protected.
FOURTH.- Duration of storage. The duration of this contract will be as stipulated between depositary and depositor on the back of this document, with a minimum contracted service of 1 month, although the DEPOSITOR is free to withdraw their goods before that time, provided they are up to date on their financial obligations with the DEPOSITARY as stipulated by this contract. The removal of the goods before the expiration date of the agreed term obliges payment for the remaing time on the part of the DEPOSITOR. In the event that the DEPOSITARY wishes to end the deposit contract before the agreed time, he must inform the DEPOSITOR 30 days in advance. Once the agreed date on the back of the document for the contracted time period has passed, and in the event that the parties do not communicate their intention to withdraw from storage contract with at least 15 days notice, it will be tacitly extended for monthly periods, under the price conditions established in table No. 2. Once the contract has expired, and in the case of a tacit or voluntary extension of the same, the payment will be computed by months, in accordance with table 2 table and starting from the day after that the original end date in the contract. Periods of less than one month will also be computed in terms of months, as this is the minimum period permitted. The prices indicated are the standard prices for a maximum weight of 25 kgs. in accordance with table 1. FIFTH.- Value of the Deposit. PRICE.- The price of this contract will be as stipulated on the back of this document with indirect taxes included, and will include the storage of goods and their transportation.
SIXTH.- Obligations of the parties: Of THE DEPOSITARY. a) To properly store and safeguard the goods; b) To forbid any third parties the use of the goods; c) To take necessary measures in case of acts of nature or criminal acts on the part of third parties; d) Not to deliver the stored goods to persons other than the DEPOSITOR or to whom the latter does not duly authorise; e) To deliver the goods that are subject to this contract at the end of the contract or when requested to do so by the DEPOSITOR and when the latter is up to date on their financial obligations to the DEPOSITARY. DEPOSITOR. a) To fully pay the agreed costs for the storage. b) To only keep legal goods in storage. c) To compensate the DEPOSITARY in case of any damage caused to their facilities. For compliance with this contract, the effective delivery of the goods will be obligatory, as well as the prior completion of the inventory, and the payment of the service fee. In case of breach of the payment obligation, and as a guarantee of compliance with the contract, EASYGOBACK may retain the items deposited as a guarantee until the amount owed is fully paid. If the depositor does not comply with the payment obligations for three months, EASYGOBACK will be entitled to destroy the stored goods or deliver them to charitable causes, with any expenses incurred being the responsibility of the depositor, with any other amounts owed being added to that sum. If the deposited goods contain data of a personal nature to the depositor or of third parties requiring data protection, their destruction must be done through means guaranteeing the privacy of the data, with any costs incurred being the responsibility of the depositor. EASYGOBACK is not responsible for the special value or affection that certain deposited goods may have, such as paintings, sculptures, antiques, drawings and other artistic objects, jewellery, money, moulds or plans, deeds or copies, bills of exchange, promissory notes, checks, bank notes, property titles, securities, contracts or other documents, etc. EASYGOBACK reserves the right not to accept and reject any or all of the goods, if they do not meet the specifications of this contract, or for any reason not foreseen in it. If at any time EASYGOBACK believes that the stored goods could be stolen or that they may contain substances prohibited by current legislation, or whose storage is not covered by legislation or by this contract under the provisions of the First clause, it may proceed to deliver them to the applicable authorities, to return them to the depositor or to destroy them, depending on the specific case. The DEPOSITOR will be responsible for any costs incurred by EASYGOBACK in the process.
SEVENTH.- LEGALITIES.- With regard to what is not expressly covered by this contract, the norms contained in the Commercial Code, mercantile uses, and failing that by the provisions of the Civil Code. EIGHTH.- JURISDICTION.- For the resolution of any issues that may arise from this contract the parties submit themselves where appropriate, with special relinquishment of their own jurisdiction, to the jurisdiction of the Courts and Tribunals of San Bartolomé de Tirajana.