ACME REVIVAL, INC. STORAGE POLICY

** YOU HEREBY ACKNOWLEDGE THAT STORAGE PROVIDED BY ACME PURSUANT TO THIS POLICY IS CHARGED AT A PREMIUM RATE THAT MAY BE IN EXCESS OF RATES CHARGED BY CONVENTIONAL STORAGE FACILITIES **

1. Definitions.

The same definitions of capitalized words in Acme’s Terms of Service shall apply in this Storage Policy.

2. Circumstances of Storage.

You explicitly provide pre-approval for Acme to store Your Device(s) at Acme’s storage facility under the following circumstances:

(A) If Acme has not received full payment of the applicable Diagnostic Fee for the Device within fifteen (15) calendar days after You reject the Repair Quote for such Device;

(B) If Acme has not received either a rejection or an acceptance of the Repair Quote within fifteen (15) calendar days after the Repair Quote is delivered to You;

(C) If Acme has not received full payment of any outstanding amounts owed to Acme, including, without limitation, the full payment of any Diagnostic Fees, fees for Services, Storage Fees that have accrued under this Storage Policy, and any attorney’s fees and costs that may have accrued during litigation; and

(D) If Acme makes any Ancillary Request to You to which You do not timely respond, and Acme provides You with at least fifteen (15) days’ notice of its intent to store Your Device(s).

3. Acme’s Storage Obligations.

While Your Device(s) are stored with Acme, Acme shall be obligated to perform the following:

(A) Package Your Device(s) in preparation for redelivery to You upon full payment of all amounts then due and owing to Acme;

(B) Catalogue and document the condition of Your Device(s) immediately prior to being stored;

(C) Prevent further damage to Your Device(s) from water, mold, insects, pests, static electricity, chemicals, abrasions, and any other foreseeable damage that may occur whilst in storage;

(D) Prevent theft of Your Device(s) or any of its components; and

(E) Provide reasonable insurance to cover the replacement cost of Your Device(s) in the event of a non-intentional loss;

(F) Provide regular or routine monitoring of Your Device(s)’ whereabouts.

Acme’s failure to perform any of its obligations pursuant to this Section shall not under any circumstances be deemed a material breach of the Agreement, but shall instead entitle You to recover only any actual damages You may have incurred as a direct result of any such failure by Acme.  For the avoidance of doubt, any failure by Acme to perform any of its obligations pursuant to this Section shall not be deemed a justifiable excuse for Your failure to pay any accrued or accruing Storage Fees.

4. Storage Fees.

YOU HEREBY AGREE TO PAY THE FOLLOWING DAILY FEES (THE “STORAGE FEES”), WHICH YOU ACKNOWLEDGE ACCRUE AT A PREMIUM RATE:

Storage Fees shall begin to accrue at 12:01am Mountain Time on the first calendar day after any of the events specified in Section 2(A)-(D) occur and shall thereafter continue to accrue at the daily rate each subsequent day at 12:01am MT until the entire balance then due to Acme is paid in full.  Storage Fees shall be due and payable at the rate specified above regardless of the weight, dimensions, ease of transport, or any other specific characteristic of Your Device(s).

5.Return of Device(s).

Upon full payment of all amounts then due and owing to Acme, Acme shall deliver Your Device(s) to You in accordance with the terms of Section 10 of Agreement relating to shipping damage and risk of loss.

This Storage Policy was last updated on September 19, 2024.