Clutter | Limited Security Warranty
Limited Security Warranty Policy
Capitalized terms not defined in this Limited Security Warranty Policy have the meaning given to them in Clutter’s Terms of Use (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;
- 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).
To be eligible for reimbursement, you must 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 if 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 items obscured by other items or packaging.
Clutter shall have the right 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 purchase additional protection, which is the greater of the legal minimum price per pound or the amount of additional protection purchased, of either $1,000 or $2,500 in aggregate per User. You may cancel your protection plan but cancellation or failure to make payments means that your protection will revert to the default total maximum of US $1.00 per pound in aggregate per User.
Customers who created Clutter accounts prior to August 10, 2016, are eligible for the Prior Limited Security Warranty, which reimburses up to a total maximum of US $1,000 for Stored Items properly packed in Storage Boxes.
To be eligible for either Limited Security Warranty, you must:
- Have photographs of your Stored Items;
- Pack your Stored Items into boxes (“Storage Boxes”);
- Examine your Storage Box and Stored Items promptly when Clutter returns them to you;
- Notify the Clutter representative of any loss or damage within five (5) days of delivery;
- Read and abide by the terms of the Clutter Damage Claim Form.
Upon receiving notice of lost or damaged Stored Items, Clutter will investigate the cause. If Clutter determines that the loss or damage was due to unauthorized tampering, Clutter will pay you the cost of repair or replacement fair market value, whichever is less, within the aggregate per-user limit.
Clutter shall have no liability for any loss of or damage to any Stored Items if you breach any provision of the Agreement or fail to comply with the Warranty Requirements.
The Limited Security Warranty does not apply to loss or damage in the following categories:
- Loss or damage that does not arise directly from a breach by Clutter;
- Loss of or damage to Prohibited Stored Items;
- Damage to composite wood items;
- Loss of internal workings of electronic items;
- Missing hardware for items not disassembled by Clutter;
- Damage to items that were previously damaged or repaired;
- Loss of business profits;
- Loss or damage not reasonably foreseeable at the date of the Agreement;
- Loss or damage due to emotional distress;
- Consequential damages;
- Loss of or damage to Stored Items due to any Force Majeure Event.
You acknowledge that the Limited Security Warranty shall be your sole remedy and Clutter’s total liability in connection with any lost, stolen, or damaged Stored Items.