Recovery and Asset Protection
Big Sky Co-op Asset and Recovery Protection Policy
This Asset and Recovery Protection Policy applies to all property owners, partners, and clients utilizing Big Sky Co-op's services, including property management, financing, and furnishing loans.
1. Asset Ownership and Financing Terms
1.1 Definition of Assets
- Assets include all furnishings, equipment, decor, appliances, and technology provided or financed by Big Sky Co-op.
- All assets remain the property of Big Sky Co-op until fully paid off by the property owner.
1.2 Ownership Transfer
- Full Transfer: Ownership of assets is transferred to the property owner only upon full repayment of financing or loan terms.
- Partial Repayment: If financing is partially repaid, Big Sky Co-op maintains partial ownership rights proportional to the unpaid balance.
2. Asset Loan Terms
2.1 Loan Agreement
- All asset loans are subject to the terms agreed upon at the time of onboarding.
- A clear inventory list will be provided, detailing all loaned items and their respective values.
2.2 Loan Default
In the event of non-payment or default:
- Immediate Recovery: Big Sky Co-op reserves the right to retrieve all assets within 7 days of default notification.
- Recovery Costs: The property owner will incur all costs related to retrieval, including labor, transportation, and administrative fees.
- Outstanding Balance: The full unpaid amount becomes immediately due, including interest or late fees.
3. Asset Protection During Management
3.1 Damage Protection
- Property owners are responsible for ensuring that loaned assets are maintained in good condition.
- Damage Fees: Fees will be assessed for any damage beyond normal wear and tear, based on the asset's original value.
3.2 Loss or Theft
- In case of loss or theft of any assets:
- Property owners must report the incident to Big Sky Co-op within 48 hours.
- Property owners are liable for the full replacement cost of the missing assets.
4. Recovery Procedures
4.1 Initiating Recovery
- Upon termination of services or loan default:
- Big Sky Co-op will provide a written recovery notice with a 7-day deadline for asset retrieval.
- A detailed inventory checklist will be included to document all items being recovered.
4.2 Access to Property
- Property owners must provide unrestricted access to the property for asset retrieval.
- Failure to provide access will result in a breach of agreement and may lead to legal action or additional fees.
4.3 Recovery Fees
- Fees incurred during asset recovery may include:
- Labor Fees: For packing and transporting assets.
- Logistics Fees: For transportation and storage.
- Administrative Fees: For processing and coordinating recovery.
5. Protection Against Non-Return of Assets
5.1 Legal Action for Non-Return
- If assets are not returned following termination or default:
- Big Sky Co-op reserves the right to pursue legal action to recover the assets or their monetary equivalent.
- Additional damages may be sought for breach of agreement and loss of business.
5.2 Security Deposits
- Big Sky Co-op may retain any security deposits to cover the costs of unreturned or damaged assets.
- Deposits will be refunded only after a full inventory review and confirmation of asset condition.
6. Asset Recovery in High-Risk Scenarios
For high-risk properties or clients, stricter recovery terms apply:
- Immediate Recovery: Assets may be retrieved without prior notice if high-risk conditions are identified (e.g., fraud, abandonment).
- Increased Recovery Fees: Additional fees apply due to the complexity and urgency of the recovery process.
7. Dispute Resolution
In case of disputes regarding asset recovery:
- Mediation: Both parties agree to resolve disputes through mediation before legal action.
- Legal Jurisdiction: Disputes will be governed by the laws of Montana.
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