The Storage Liability Waiver is a crucial document for businesses operating storage facilities in Hong Kong, designed to protect service providers while maintaining fairness to customers. This document becomes necessary when offering storage services to either individual or corporate customers, as it clearly delineates responsibilities and limits potential liability exposure. The waiver must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and the Supply of Services (Implied Terms) Ordinance. It typically includes detailed provisions about storage conditions, access rights, insurance requirements, and specific exclusions from liability, while ensuring that the limitations remain reasonable and enforceable under Hong Kong law.
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1. Parties: Identification of the storage service provider and the customer, including full legal names and addresses
2. Background: Brief context explaining the nature of the storage service and purpose of the waiver
3. Definitions: Key terms used throughout the document, including 'Services', 'Stored Items', 'Premises', and 'Liability'
4. Scope of Services: Detailed description of storage services provided and any limitations
5. Customer Obligations: Customer responsibilities including prohibited items, access procedures, and payment terms
6. Storage Provider Obligations: Basic duties of the storage provider, including security and maintenance standards
7. Liability Waiver: Core waiver provisions detailing what liability is being waived and to what extent
8. Exceptions to Waiver: Circumstances where the liability waiver does not apply (e.g., gross negligence, willful misconduct)
9. Insurance: Insurance requirements and recommendations for both parties
10. Term and Termination: Duration of the agreement and conditions for termination
11. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
1. Access and Security: Detailed procedures for accessing stored items - include if the storage facility has specific access protocols
2. Special Items Handling: Special provisions for valuable or sensitive items - include if facility accepts such items
3. Environmental Controls: Specifications for temperature and humidity control - include for climate-controlled storage
4. Data Protection: Provisions for handling personal data - include if customer data is processed
5. Force Majeure: Provisions for extraordinary events - include for longer-term storage contracts
6. Dispute Resolution: Alternative dispute resolution procedures - include for high-value storage contracts
1. Schedule 1: Fee Schedule: Detailed breakdown of storage fees, additional charges, and payment terms
2. Schedule 2: Prohibited Items: Comprehensive list of items that cannot be stored in the facility
3. Schedule 3: Insurance Requirements: Detailed insurance requirements and recommended coverage levels
4. Appendix A: Facility Rules: Specific rules and regulations for using the storage facility
5. Appendix B: Inventory Form: Template for listing and describing stored items
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