New Wave Operating Company, LLC
Equipment Storage Terms and Conditions

By signing and accepting any New Wave Operating Company, LLC (“New Wave”) proposal, work order, or winterization order, etc. (referred to herein as “Proposal”) for goods and/or services, Customer acknowledges that they have read the following terms and conditions (“Terms”) and agree to be bound by all provisions set forth herein.  These Terms, along with all terms stated in each Proposal, constitute the entire agreement between New Wave and the Customer (the “Agreement”). This Agreement supersedes all prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Equipment: For purposes of this Agreement, “Equipment” shall mean the watercraft, camper, recreational vehicle, ice house, snowmobile, etc. set forth in the Proposal.     

Zebra Mussel Removal: If the Equipment is infested with zebra mussels, the MN Department of Natural Resources requires that the removal of such infestation. Fees for such removal shall be charged to Customer in additional to fees stated on the Proposal. 

New Wave Pick Up and Delivery: Customer is responsible for making all keys (including Equipment, lift, and trailer keys) and covers available on the pick up date stated in the Proposal. Pick up dates are not guaranteed, this information is used for New Wave’s internal storage staging purposes only. Customer acknowledges and agrees that New Wave uses independent contractors for the provision of pick up and delivery services and that any such independent contractors are not the employees of New Wave. If canvas or covers are on the Equipment at time of pick up, it will be assumed that such canvas and/or covers are adequate to remain in place during transportation and storage. New Wave is not responsible for loss or damage the Equipment, any property within Equipment, or canvas during transport or due to heavy loads due to weather.  

Customer Drop Off and Pick Up: Customer shall provide New Wave with at least one (1) week prior written notice before Customer drops off the Equipment for storage. New Wave disclaims any and all liability for any damage and/or theft that may occur as a result of Customer’s drop off of the Equipment at any of their storage sites without such prior notice. New Wave will notify Customer when the Equipment is ready for pickup and/or delivery. Customer hereby acknowledges and agrees that the Equipment may not be available for pick up or delivery until Customer has received such notice.

Ownership: The person who has executed this Agreement is designated as “Customer” herein. Such person represents and warrants that they are the legal owner or one or more of the co-owners of the Equipment and have the authority to act on behalf of all owners in the execution of the Proposal and this Agreement. Customer shall not be permitted to assign or transfer or assign any of its rights or obligations under this Agreement without the prior written consent of New Wave. Notwithstanding any changes in the ownership of the Equipment, Customer shall remain responsible for any and all payments and obligations under this Agreement. In the event that ownership of the Equipment passes to any other party as a result of death of Customer, Customer hereby acknowledges and agrees on behalf of their estate that such estate shall be liable for any and all payments and obligations due to New Wave under this Agreement.

Winterization: “Winterization” includes the services specifically set forth in the Proposal. Winterization does not include oil changes, lubrication/inspection, or servicing of generator or A/C units. New Wave shall not be responsible for frozen or rusted steering cables, moss, mildew, infestation, etc., electrical failures, wiring problems, or batteries that fail over the storage period. New Wave disclaims any and all warranty for winterization services provided after the “First Freeze”, the first date upon which outdoor temperature is below 32 Degrees Fahrenheit, regardless of duration of freezing temperatures. Customer hereby acknowledges and agrees that failure to winterize the Equipment prior to First Freeze may cause damage to the Equipment and/or its systems which may or may not be discovered during the provision of subsequent winterization services and/or maintenance services set forth in the Proposal. New Wave’s election to provide winterization services or any other services to any Equipment after the First Freeze shall not be deemed a waiver of this disclaimer and New Wave shall not be held liable for any damage discovered before, during, or after the storage of such Equipment.

Storage: The Customer hereby authorizes New Wave to pick up and/or deliver the Equipment for winter storage. Customer acknowledges and agrees that the Equipment may not be removed during the storage term (pick up/drop off date – date of New Wave’s notice that the Equipment is available for pick up/delivery). Customer further acknowledges that New Wave removes the Equipment from its storage sites in the most efficient order and such order may cause delays in the availability of Customer’s Equipment. New Wave may limit access to Equipment storage sites and Customer’s Equipment at New Wave’s sole discretion. New Wave also reserves the right to limit the activities that may be performed at its Equipment storage sites. Customer acknowledges and understands that not all storage sites are owned directly by New Wave. Unless otherwise determined in New Wave’s sole and absolute discretion, no refunds shall be provided upon the termination of this Agreement.

Personal Property: All personal and accessory articles and/or property shall be removed from the Equipment prior to pick up or Customer delivery. New Wave shall not be responsible for any such property left in or on the Equipment.

Late Fees: In the event Customer fails to remove Equipment from New Wave’s storage site or accept delivery of the Equipment by the pick up date set forth in the Proposal, New Wave may charge Customer for all additional costs incurred by New Wave as a result of such failure, including but not limited, to transportation and storage costs. Any such extended storage costs shall be charged at a rate of at least $100 per day until the Equipment is recovered by Customer. In the event New Wave chooses to charge such “late fees”, Customer shall pay any such fees prior to picking up the Equipment.

Payment: Execution of any Proposal and/or payment for New Wave services constitutes acceptance of these Terms and this Agreement. Customer shall pay fifty percent (50%) of the amount stated in the Proposal upon execution of the Proposal. Customer agrees to pay, prior to taking delivery or picking up the Equipment following storage, the remaining fifty percent (50%) plus all additional services and/or storage costs, including without limitation, any late fees. In the event payment is not made, Customer agrees to pay all costs of collection, including reasonable attorney’s fees and legal expenses. In the event of Customer’s failure to pay all fees when due and/or Customer’s abandonment of the Equipment, New Wave reserves to itself all lien rights under Minnesota law upon the Equipment identified herein for any monies due to New Wave.

Insurance: New Wave carries insurance policies typically carried by similar service providers; however, such policies do not cover Customer’s Equipment, trailer, accessories, or other property before, during or after this Agreement. Customer shall maintain insurance and keep all Equipment and property fully insured at all times. Customer hereby waives any claims against New Wave and any affiliate partners that is covered by or would be covered by such insurance.

Limitation of Liability. IN NO EVENT SHALL NEW WAVE BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY PERSON OR ENTITY, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL NEW WAVE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID TO NEW WAVE FOR THE SERVICES RENDERED HEREUNDER.

Release and Indemnification:Customer for itself and its guests, invitees, employees, agents, heirs, successors and assigns, hereby releases and discharges New Wave, its officers, directors, agents, subcontractors, vendors, suppliers and employees (the “Released Parties”) from any and all liability, claims, demands or causes of action (“Claims”) that Customer, its agents, clients, customers, employees, subcontractors, vendors, purchasers or any other related entities might have for injuries, damages or losses related to or arising out of the services provided under this Agreement, including without limitation, Claims (i) for loss or damage to the Equipment, its systems and contents (including personal property) left in New Wave’s care, custody and control, for any reason, including New Wave equipment failure, fire, lightning, water, cyclone, tornado, windstorm, hail, explosion, theft, vandalism or any other malicious mischief, collapse of building and other hazards or casualties; (ii) arising from the Equipment itself; and (iii) arising out of Customer’s use of the New Wave services and storage sites, the presence of Customer’s Equipment, vehicle, or personal property at New Wave storage sites, or (iv) the moving of the Equipment, except to the extent that such loss or damage is solely the result of New Wave’s gross negligence or willful misconduct. Customer further waives any rights, including subrogation rights, to recover against New Waive or its insurer for any such Claims.

New Wave disclaims all implied warranties, and Customer, for itself and its heirs, successors and assigns, hereby releases New Wave from any and all liability arising out of any claimed implied warranty. In the event of any damage or injury to any New Wave storage site, building, or equipment or the property of other customers arising from the active or passive acts, omissions or negligence of Customer, all expenses incurred by New Wave to repair or restore such property shall be paid by Customer on New Wave’s demand.

Customer further agrees to defend, indemnify, and hold the Released Parties harmless from any and all claims, obligations, damages, (whether direct, indirect, incidental, special or consequential), losses, liabilities, suits, and judgments and costs, including but not limited to attorneys’ fees, incurred in connection with any action initiated or presented by any person or organization which are based on or arise directly or indirectly from the Claims released herein.