1. INTRODUCTION

Who are we? We are Kahon Storage Inc., a Philippine corporation that provides storage services (“we”, “our” or “us”). Our registered address is No. 1 Venus Compound, National Road, 2nd Floor GMC Building, Angono, Rizal, Philippines.

Terms. These Terms of Service (“Terms”) inform you of your rights and obligations when engaging our services. Please read them carefully. By engaging our services, you agree to comply with and be bound by these Terms.

Reach out. You may contact us via phone at (02) 8971 9137 and via email at [email protected] or any of the emails in the signature block below. We will do our best to be as responsive as we can.

2. ACCOUNT REGISTRATION

Registration. You need to create an account with us to use our services. We will need some of your personal information which we will keep secure and safe according to our Privacy Policy.

Passwords. Please protect your account details and password. We will assume that all activities on your account are authorized by you. Please notify us immediately if you suspect that your account has been compromised.

3. STORAGE SERVICES

What will we provide? We will handle and transport your items from a designated location to our storage facility where we will ensure their safety and security.

What can we store? The items stored with us must be in accordance with the Rules and Regulations (https://kahon.ph/rules-and-regulations). Non-compliance may be considered a breach and may lead to the termination of these Terms.

What are your options? You may avail our by-the-box storage service (“Kahon”) with the following options:

Store bulky items with a maximum weight of 25kg (“Higante”)
Kahon with L 55cm x W 39cm x H 33cm dimensions and a maximum capacity of 20kg (“Mucho”)
Kahon with 64cm x W 52cm x H 36cm dimensions and a maximum capacity of 20kg (“Grande”)

You may also avail our by-the-space storage service (Kwarto) where you can store single or multiple bulky items in a square meter space subject to a two (2) square meter minimum.

You can see the corresponding storage fee for each kind of Kahon or Kwarto in the Fee Schedule annexed to these Terms. You agree to avail our services for number month(s) (“Commitment Period”). A 3-month minimum Commitment Period is required should you want to avail a Kahon.

4. ACCESS AND CONDITIONS

Limited access to storage facility.. While you can request the return of your items, we will only allow you to access our storage facilities with the assistance of our Spacemakers.

We will inspect, but not read. With your consent, we may inspect, handle and (re)pack your items during the process of transporting. If your Kahon contains documents and other papers, we will not read these items.

Inventory Sheet. Before transporting your items, we will ask you to sign an inventory sheet to acknowledge and promise (a) the sheet is complete and accurate, (b) you are aware of all the items stored with us, (c) you are the owner or have the right to possess those items, (d) the items are of a suitable nature for storage, and (e) none of the items being stored are illegal in nature, hazardous, flammable, toxic, or prohibited under our Rules and Regulations.

Returns. We will return your items to you within twenty-four (24) hours of a confirmed valid request, subject to time-slot availability and payment of appropriate Transportation Fees. A return is confirmed once you have been notified that your requested time and date is approved. However, if you cancel a confirmed return, you will be charged a Rescheduling Fee and appropriate Transportation Fees as indicated in the Fee Schedule annexed to these Terms. To avoid the Rescheduling Fee, please make sure that you or an authorized person are available to receive your items at the scheduled delivery time and location or cancel before 12 noon of the delivery day.

A request for a return will not result in a shortened engagement period or a proration of your monthly storage fees. If a request for a return is made in the middle of the monthly storage period, you will still be liable for full payment of the storage fees for that month.

6. FEES AND PAYMENT

Fees. Our fees are set out in our Fee Schedule, which is annexed to these Terms and available on our website at kahon.ph. Our monthly storage fees are exclusive of other fees and penalties. These include, but are not limited to, Transportation Fees for the collection and return of your Items, Rescheduling and Cancellation Fees, Premium and Late Fees, and Disposal Fees for your Items.

VAT-Inclusive. All fees found in the Fee Schedule are inclusive of twelve percent (12%) Value Added Tax (VAT).

How to pay? You will be invoiced every fourteenth (14th) day of the Month. The invoice must be paid on the Monthly Due Date indicated in the Fee Schedule through one of our valid payment methods. Fees that are not paid within five (5) days after the Monthly Due Date shall be considered delinquent and we may apply the Late Payment Fee defined in the Fee Schedule. This will be reflected in your next billing invoice. Nevertheless, all monthly fees and other unpaid obligations are automatically due and demandable on your Monthly Due Date, without need of demand or receipt of invoice.

Payment method. You may request to change payment methods by sending us a notice subject to our approval. Payment may be made by:

Cash
Bank transfer
Credit card

Security Deposit. We shall collect a Security Deposit, which shall be equal to one (1) month total storage fee for the Kahon service you have chosen. We may collect an additional amount as a Security Deposit if you upgrade to a storage service with a more expensive storage fee according to the Default mechanism below. The Security Deposit shall answer for any unpaid fees or penalties. Upon verification that you have no outstanding payments at the end of the storage agreement and deduction of other applicable expenses, the Security Deposit shall be returned to you via bank transfer within thirty (30) days. Return of your Security Deposit through check or cash is not allowed. Violation of these terms will result in the forfeiture of the Security Deposit as a form of liquidated damages.

Down Payment and Cost-Estimate. We require a fifty percent (50%) Down Payment based on a cost-estimate of the services you have requested before we collect your Items. This cost-estimate billing will be sent to you for payment of the Down Payment. Only after payment will we schedule the collection of your Items. The cost-estimate will include all the potential fees and the corresponding Security Deposit. The Down Payment will be deducted from your first invoice.

Default. Please note: You acknowledge that any default in payment will give us a priority lien on your items. If you are at least thirty (30) calendar days late in paying your fees, you agree that non-payment will result in a forfeiture of your Security Deposit and that we are authorized to sell these items to pay for your default payments, as well as all expenses for the sale, including notice, advertisements and the sale of the items. You agree that we can keep any excess proceeds from the sale of your items as a form of liquidated damages. In addition to the forfeiture of your Security Deposit and authority to sell your items, your default also allows us to pursue other legal remedies we have under the law. Other remedies include, but are not limited to, disposing your items. If your Kahon contains any documents and other papers, you agree that we can dispose or destroy these documents and papers without additional consent or waiver.

Currency. We only accept payments in Philippine Peso.

7. LIABILITY

We will exercise care that a reasonable careful owner of similar goods would exercise in the handling and storing of your items.

We are limitedly liable for damages or losses that may happen to your items resulting from our handling and storing the items. We are not liable for damage or loss of your items if: (1) the damage or loss is a result of your own actions or omission or (2) your items or its packaging are defective and the primary cause for the damage or loss.

Insurance. We maintain insurance to cover the loss of or damage to your items once they are in any of our storage facilities. You agree that the maximum aggregate insurance coverage for your items stored in Kahons is five thousand pesos per Kahon (P5,000.00/Kahon) or the nominal value of such items, whichever is lower, and for your items in Kwartos, ten thousand pesos per square meter (P10,000.00/sqm) or the nominal value of such items, whichever is lower. You may avail supplemental insurance to augment such coverage only at the time you fulfill your order. We rely on your honest and accurate description of the items we will store for you in the Inventory Sheet.

Breach. The breach of any of these Terms and the Rules and Regulations entitles the non-breaching party to terminate these Terms. You must still pay all outstanding fees and payments in case of termination for whatever reason. We do not offer refunds unless we breach these Terms and you have paid in advance for storage you have been unable to use.

8. TERMINATION

Effectivity and Termination. These Terms take effect once you sign this contract and remain effective throughout the duration of your selected Commitment Period. Your Commitment Period is subject to automatic renewal (each renewed Commitment Period a “Renewed Term ”) and these Terms will continue to apply for the Renewed Term. If you opt to terminate this contract, you may do so by notifying us in writing of your intention not to renew these Terms at least ten (10) days before the end of such Commitment Period or the Renewed Term. Termination of your contract at the end of the Commitment Period or Renewed Term is not subject to additional fees.

You may also terminate these Terms anytime before the end of the Commitment Period subject to payment of your outstanding fees and a pre-termination fee, amounting to one hundred percent (100%) of your storage fees and other fees, which you would have been required to pay if you continued with the remainder of the Commitment Period or Renewed Term. A return will be scheduled within forty-eight (48) hours of the receipt of your written notice of termination or non-renewal and full payment of fees. The return will also be subject to Transportation Fees.

Breach. The breach of any of these Terms and the Rules and Regulations entitles the non-breaching party to terminate these Terms. You must still pay all outstanding fees and payments in case of termination for whatever reason. We do not offer refunds unless we breach these Terms and you have paid in advance for storage you have been unable to use.

9. GETTING IN TOUCH

Written notice. All written notices shall be sent to the address indicated on the signature blocks below. Please tell us about a change of contact details at least forty-eight (48) hours before any transaction.

Alternate contacts. You may designate an alternate contact person in the signature blocks below. Notices addressed to the alternate contract person are considered valid if the signatory is unavailable to receive written notices.

Email notice. Notices may also be sent via email to the email addresses indicated below.

10. OTHERS

Privacy Policy. You expressly agree to our Privacy Policy found at kahon.ph/privacy-policy by agreeing to these Terms.

Force Majeure. We shall not be liable for any damage or loss when the performance of our obligations is prevented or affected directly or indirectly by or as a result of Force Majeure or any circumstances which could not have been foreseen, or which, though foreseen, were inevitable and beyond the control of the parties, including, but not limited to, earthquake, flood, storm, extreme adverse weather conditions, natural disasters or calamity, other acts of God, national emergencies, national health emergencies, declaration of martial law, acts of terrorism, the use of arms or through an irresistible force, order or act of competent public authority, strikes or riots, failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.

You cannot assign. These Terms are only effective between you and us. You cannot assign rights under these Terms to another person or entity without our express written consent.

Incorporation of current laws. All applicable provisions under the Warehouse Receipts Law and other applicable laws are incorporated into these Terms.

Governing law. These Terms and any claims arising out of them are to be construed according to Philippine law.

Settling amicably and venue. We will try to settle amicably with you any claims or conflicts arising from these Terms. In case of litigation, the proper courts of Makati City shall have exclusive jurisdiction