(the "Agreement"), which are incorporated herein by reference.
Subject to the terms, limitations, exclusions, and conditions of this Limited Security Warranty Policy and the Agreement, and solely to the extent covered by Clutter’s insurance policy, Clutter will reimburse you for:
Loss of or damage to your properly packed Stored Items that have been tampered with, lost or stolen while in Clutter’s possession, up to a total maximum of US $1.00 per pound in aggregate per User (the "Limited Security Warranty"); damage to your household caused by Clutter’s gross negligence or willful misconduct, up to a total maximum of US $1000 in aggregate per User;
and/or damage to your personal effects caused by Clutter’s gross negligence or willful misconduct, up to a total maximum of US $1.00 per pound in aggregate per User (together with (i) and (ii), also part of the Limited Security Warranty). In order to be eligible for reimbursement under (ii) or (iii), you must timely notify Clutter of any applicable damage while Clutter personnel remain present during or after the performance of services. Clutter shall have the right to decrease or deny reimbursement to the extent that your or a third party’s negligence or willful act contributed to the claimed damage.
Under no circumstances shall Clutter have any liability, or any responsibility to reimburse you, for any damages to any Stored Items that Clutter has not individually and specifically inspected, packed, sealed and photographed, including without limitation any items inside or in some way obscured by other items or packaging. Any such items are excluded from coverage.
Notwithstanding anything to the contrary, Clutter shall have the right, in its sole discretion, to inspect and determine the value of any damage to a Stored Item, household, or personal effects, the value of a lost Stored Item, and whether a damaged Stored Item, household, or personal effect is capable of being repaired. You may also purchase additional protection, such that your protection is the greater of the legal minimum price per pound or the amount of additional protection purchased. You may purchase additional protection of either $1,000 or $2,500, in each case in aggregate per User. Please visit www.clutter.com or contact us at (800) 805-4023 for more details, including current rates for additional protection, and/or to purchase additional protection. You are free later to cancel your protection plan. However, cancellation or failure to make payments each month means that your protection will revert to the default total maximum of US $1.00 per pound in aggregate per User. Once you have selected your protection level, you cannot upgrade or change your protection level, except you may cancel your additional protection at any time.
Notwithstanding the foregoing, but subject to the terms, limitations, exclusions, and conditions of this Limited Security Warranty Policy and the Agreement, and solely to the extent covered by Clutter’s insurance policy, if you created a Clutter account prior to August 10, 2016, then Clutter will reimburse you for loss of or damage to your Stored Items properly packed in Storage Boxes that have been tampered with, lost or stolen while in Clutter’s possession, up to a total maximum of US $1,000.00 in aggregate per User (the “Prior Limited Security Warranty”). Customers who created Clutter accounts prior to August 10, 2016 are not eligible to purchase additional protection.
If you purchase additional coverage and then at any point reach your maximum total claim amount, Clutter will immediately cancel any later scheduled monthly protection plan payments from you and default your Limited Security Warranty coverage down to a total maximum of US $1.00 per pound in aggregate.
In order to be eligible for either Limited Security Warranty, you must: (i) have photographs of your Stored Items (in order to allow us to confirm the pre-packing condition of the Stored Items); (ii) pack your Stored Items into boxes (“Storage Boxes”); (iii) promptly examine your Storage Box and Stored Items when Clutter returns your Storage Boxes to you, and (iv) immediately notify the Clutter representative who return-delivered your Storage Box in writing of any loss of or damage to your Stored Items at the time of delivery within five (5) days of delivery; and (v) read and agree to abide by the terms of the Clutter Damage Claim Form (subsections (i) through (v) of this paragraph, collectively, the “Warranty Requirements”). The Clutter Damage Claim Form for customers with a maximum coverage of US $1.00 per pound in aggregate per User is available here. The Damage Claim Forms for customers who purchased $1,000 or $2,500 of additional protection is available at here or here respectively. For clarity, this Clutter Limited Security Warranty Policy shall not apply to any Stored Items shipped directly by you or on your behalf to Clutter.
Upon receiving notice of lost or damaged Stored Items, Clutter will investigate the cause of loss or damage. If Clutter determines, in its sole discretion, that the loss or damage was due to unauthorized tampering with or access to the Stored Items contained within your Storage Box, Clutter will pay to you either (i) the cost of repair of the damaged Stored Items (up to the aggregate per-user limit expressly set forth herein and selected by you), or (ii) the current replacement fair market value of the lost or damaged Stored Items (up to the aggregate per-user limit expressly set forth herein and selected by you), whichever is less. Clutter shall be entitled to require proof of the initial purchase price, repair cost, and/or replacement value, and/or fair market value of any damaged or stolen Stored Items.
You agree that Clutter shall have no liability for any loss of or damage to any Stored Items if you breach or have breached any provision of the Agreement, or if you fail or have failed to comply with any of the Warranty Requirements above, including without limitation, any failure to have photographs taken of any missing or damaged Stored Items prior to packing the Stored Items or failure to notify Clutter of any or lost or damaged Stored Items immediately upon delivery. The Limited Security Warranty is not insurance and should not be considered a replacement or stand-in for any kind of insurance. We strongly encourage you to purchase insurance for all of your Stored Items.
The Limited Security Warranty does not apply to, and Clutter shall not in any event be liable for, any loss or damage that falls into the following categories: (i) loss or damage to the Stored Items which does not arise as a direct consequence of any breach of this Agreement by Clutter or any deliberate or grossly negligent act or omission on the part of Clutter or its contractors; (ii) loss of or damage to any Prohibited Stored Items (as defined in the Agreement); (iii) loss or damage to composite wood items, such as pressboard, particle board or ready-to-assemble furniture; (iv) loss or damage to the internal workings of electronic items; (v) missing hardware for items Clutter did not disassemble; (vi) loss or damage to items that were previously damaged or repaired; (vii) loss of business, sales, revenue, profits or anticipated savings; (viii) loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused; (ix) loss or damage due to emotional distress; or (x) consequential damages of any character; or (xi) loss of or damage to Stored Items in connection with any Force Majeure Event (as defined in the Agreement).
You acknowledge and agree that the Limited Security Warranty set forth herein shall be your sole and exclusive remedy and Clutter’s total liability to you in connection with any lost, stolen, or damaged Stored Items.