Terms & Conditions
- So long as Our Fees are paid up to date, we license You but no other person to
use the Unit for the storage of Goods in the Unit in accordance with
this Agreement from the Commencement Date until this Agreement is
terminated; and to have access to the Unit at any time
during the Access Hours only for the purposes of depositing, removing,
substituting or inspecting the Goods and your regular inspection of the
Unit for damage or unsuitability for the Goods. No access to the
Unit will be permitted for any other purposes or outside Access
Hours. We will try to provide advance warning of changes in
Access Hours by notices on Site, but we reserve the right to change
Access Hours to other reasonable access times at any time without
giving any prior notice.
- Only You and persons
authorised in writing or accompanied by You will be allowed to have
access to the Unit. Any such person is your agent for whose
actions You are responsible and liable to us and to other users of
units on the Site. You may withdraw any authorisation at any time
but the withdrawal will not be effective until we receive it in
writing. We may ask for proof of identity from You or any other
person at any time (although we are not obliged by this Agreement or
otherwise to do so) and we may refuse access to any person (including
You) who is unable to provide satisfactory proof of identity. We
may refuse You or your agents access at any time if we consider in our
sole discretion that the safety of any person on the Site, or the
security of the Unit or its contents, or other units or their contents
will be put at risk.
- You are responsible for
providing a secure padlock for the Unit and You must ensure that the
Unit is locked so as to be secure from unauthorised entry at all times
when You are not in the Unit. We will not be responsible
for locking any unlocked Unit. You should not leave your key with
or permit access to your Unit to any person other than your own agent
who is responsible to You and subject to your control and if You do so,
You do so at your own risk whether or not any such person is our
employee or agent. We do not accept any liability for any person
including our employee or agent holding your key and having access to
your Unit and any such person acts as your agent only.
- You will permit us and our agents and contractors to enter the Unit and if necessary we may break the lock to gain entry:-
- if
we give You not less than seven days’ notice so that we may inspect the
Unit or carry out repairs, maintenance and alterations to it or any
other unit or part of the Site;
- at any time without notifying You:-
- if we reasonably believe that the Unit contains any items described in Condition 8 or is being used in breach of Condition 9 or such entry is effected
incidental to the exercise of our powers pursuant to Condition 18;
- if we are required to do so by the Police, Fire Services, Local Authority or by a Court Order;
- for any purpose including that in Condition 5.1, if we believe it is necessary in an emergency;
- to obtain access in accordance with Conditions 11 and 18;
- to prevent injury or damage to persons or property; or
- for the purpose of ascertaining whether the Unit contains any items described in Condition 8 or if we reasonably consider that such entry is necessary to ascertain
whether action needs to be taken to prevent injury or damage to persons
or property.
- You warrant that
throughout this Agreement, the Goods in the Unit from time to time are
your own property or that the person who owns or has an interest in
them has given You irrevocable authority to store the Goods in the Unit
on the terms and conditions in this Agreement and that You act as a
duly authorised agent of any such person. You indemnify us
against any loss or damage suffered by us for breach of this warranty
including against any loss, damage or expenses incurred by us
(including any reasonably incurred legal fees) arising from any step or
action taken by any person who owns or has an interest in the Goods.
- We
reserve the right to refuse to permit You to store any Goods or require
You to collect any Goods from the Unit if in our opinion the safety of
any person on the Site, or the security of the Unit or its contents, or
other units or their contents would be put at risk by the storage or
continued storage of any such Goods.
- You must not store (and You must not allow any other person to store) any of the following in the Unit:-
- food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
- birds, fish, animals or any other living creatures;
- combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
- firearms, explosives, weapons or ammunition;
- chemicals, radioactive materials, biological agents;
- toxic waste, asbestos or other materials of a potentially dangerous nature;
- any item which emits any fumes, smell or odour;
- any illegal substances, illegal items or goods illegally obtained;
- compressed gases.
- You must not (and You must not allow any other person to):-
- use
the Unit or do anything on the Site or in the Unit which may be a
nuisance to us or the users of any other unit or any person on the Site;
- do
anything on the Site or in the Unit which may invalidate any of our
insurance policies or those of other unit users or increase the
premiums payable on them;
- use the Unit as offices or
living accommodation or as a home or business address and not use the
address of the Site or the Unit for receiving or sending mail;
- spray paint or do any mechanical work of any kind in the Unit;
- attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
- allow
any liquid, substance, smell or odour to escape from the Unit or any
noise to be audible or vibration to be felt outside the Unit;
- cause
any damage to the Unit or any other unit or the Site or its facilities
or to the property of us or any other unit users or other persons on
the Site and if You cause any damage You must (at our option) repair,
restore or replace such damage or item or reimburse the costs of making
necessary repairs, restoration or replacement or make proper
compensation;
- leave anything in or cause any obstruction
or undue hindrance in any passageway, stairway, service area or other
part of the Site and You must at all times exercise courtesy to others
and reasonable care for your own safety and that of others in using
these areas.
- connect or provide any utilities or services to the Unit unless authorised in advance in writing by us.
- You must (and You shall procure that your agents must):-
- use
reasonable care when on the Site or in the Unit and take all reasonable
care in respect of the Unit, the Site, and the property of us or any
other unit users or other persons on the Site;
- inform us immediately of any damage or defect to the Unit;
- comply
with the reasonable directions of any of our employees, agents and
contractors at the Site and any further regulations for the use
safety and security of the Unit and the Site which we may issue from
time to time.
- This Agreement shall not confer on You any right to exclusive possession of the Unit.
- We
may at any time by giving You seven days’ written notice require You to
remove the Goods from the Unit to another unit specified by us which
shall not be smaller than the current Unit.
- We agree to pay your reasonable costs of removal which have been approved in writing by us in advance of the removal.
- If
You do not arrange the removal of Goods to the alternative unit by the
date specified in our notice, we and our agents and contractors may
enter the Unit and do so. In doing so, we and our agents and
contractors will act as your agent and the removal will be at your risk
(except for loss or damage caused wilfully or negligently by us and our
agents and contractors, subject to the aggregate limit of our liability
contained in Condition 21).
- If the Goods
are moved to an alternative unit, this Agreement will be varied by the
substitution of the alternative unit number but shall otherwise
continue in full force and effect and Our Fees at the rate set out
overleaf will continue to apply to your use of the alternative
unit.
- You must pay us Our Fees for the
minimum period of storage on signature of this Agreement and thereafter
must pay Our Fees on the Due Date.
- We may alter
Our Fees at any time by giving You written notice and the new Fees
shall take effect on the first Due Date occurring not less than four
weeks after the date of our notice.
- If You do not pay
Our Fees on the Due Date, You must pay us an administrative charge for
late payment which is the larger of 10 per cent of Our Fees or £5.
- Additionally, on each occasion any cheque is dishonoured, at our option You must pay us an administrative charge of £12.
- Additionally,
You must pay us interest on all amounts overdue for payment from You at
the rate of 5% above the base rate of NatWest Bank PLC, calculated from
the date when payment becomes due up to and including the date of
actual payment including all accrued interest, whether before or after
judgment, and whether or not we exercise the right of sale under this
Agreement.
- You must pay us the Deposit on your signature
of this Agreement. The Deposit will be returned to You (without
interest) after this Agreement terminates less any amount we may in our
sole discretion deduct to cover:-
- any breach of Condition 9.7;
- any of Our Fees which have not been paid or any unpaid removal or other charges; or
- any other obligation to us that You have not performed.
- The
Prompt Payment of each and every sum (including interest) whether
invoiced or not, owing from You to us from time to time under this
Agreement or any other agreement between You and us (in this Condition,
called "Your Debt") is of the essence of this Agreement.
- The
terms of this Condition are additional to and without prejudice to all
or any rights we may have at common law or otherwise.
- In default of Prompt Payment of Your Debt,
- Subject to Condition 21A, if applicable, we are relieved of any duty howsoever arising in respect of the Goods; and
- the Goods are held solely at Your risk and we shall be able to immediately exercise the lien described below.
- We
have a lien over the Goods for Your Debt until payment of Your Debt in
full has been received by us in cash or, if by cheque, until the cheque
has been paid by your bank and after this lien becomes exercisable by
us, the following Conditions shall apply.
- You shall pay
us fees and charges at the same rates as under this Agreement and if
this Agreement has been terminated, the relevant rate at which such
fees and charges will be payable by You will be the rate which was
payable immediately prior to termination; and
- In default of Prompt Payment of Your Debt, You authorise us;-
- to refuse You and your agents access to the Goods, the Unit and the Site;
- to enter the Unit and inspect and remove the Goods to another unit or Site;
- to hold onto and/or ultimately dispose of some or all of the Goods.
- In
the event that Your Debt is not paid promptly or You fail to collect
the Goods after we have required You to collect them or upon expiry or
termination of this Agreement, we may, subject to Condition 18.8,
sell the Goods and pass all ownership to them and use the proceeds of
sale to pay first the costs incurred by us in the sale and removal, and
secondly in paying Your Debt and to hold any balance for You.
Interest will not accrue to You on the balance.
- If the
proceeds of sale are insufficient to discharge all or any part of the
costs of sale incurred by us and Your Debt, You must pay any balance
outstanding to us within seven days of a written demand from us which
will set out the balance remaining due to us after the net
proceeds of sale have been credited to You. Interest will
continue to accrue on Your Debt until payment has been made.
- Before
we sell the Goods, we will give You notice in writing by registered or
recorded delivery post at your address overleaf or any address in
England and Wales notified by You to us in writing prior to our notice,
specifying any particulars that we have of the Goods, the amount of
Your Debt at the date of the notice (and, in our sole discretion,
specifying any amount by which Your Debt is increasing after the date
of that notice) and directing You to pay and that in default of payment
within two months after the date of the notice, we will sell the
Goods. We do not agree to give You any further notice of any
intended sale.
- We will sell the Goods by the best
method(s) reasonably available to achieve the best selling price
reasonably obtainable in the open market, taking into account the costs
of sale.
- If the Goods cannot reasonably and economically
be sold (for any reason whatsoever), or they remain unsold despite our
efforts, You authorise us to treat them as abandoned by You and to
destroy or otherwise dispose of them at your cost.
- Because
the nature and type of goods being stored by You from time to time is
entirely within your discretion (subject to Condition 8 and 9)
You must ensure that the Unit is suitable for the storage of the goods
that You store or intend to store in it. We do not warrant or
represent that any unit allocated to You is a suitable place or
means of storage for any particular goods. We strongly advise You
to inspect the Unit before storing Goods in the Unit and from time to
time throughout the period of this Agreement.
- In the
event that You do not pay any Fees or charge, the Goods are left in the
Unit at your sole risk. We exclude any liability in respect of
the Goods when payment of Our Fees or charges is overdue and exclude
any duty of care howsoever arising.
- Unless Condition 21A applies we do not insure the Goods.
- Storage of Goods in the Unit is at your sole risk.
- Subject to Condition 21.A You warrant to us as follows:
- that
prior to bringing the Goods onto the Site you have insured or will
insure the Goods against all normal perils under a valid contract of
insurance with a reputable insurance company for their full replacement
value and will not cause or allow that insurance cover to lapse whilst
the Goods or any of them remain on the Site; and
- that
the insurance cover will not be for a sum which is lower than the
replacement value of the Goods stored in the Unit from time to time.
- We
exclude all liability in respect of loss or damage relating to Your
business, if any, including consequential loss, lost profits or
business interruption, and all liability in respect of loss or damage
to the Goods caused by Normal Perils, including as a result of
negligence by us, our agents and/or employees above the sum of £50
which we consider to be the normal excess on a standard household
insurance policy whether or not that policy would cover the Goods
- Normal
Perils in this Condition mean loss of or damage to Goods caused by
fire, lightning, explosion, earthquake, aircraft, storm, flood,
bursting &/or leaking pipes, theft accompanied by forcible and
violent entry or exit, riot, strike, civil commotion, malicious damage,
and impact by vehicles.
- You warrant that:
- You have written overleaf the true total value of all the Goods
- 21.5.2 the aggregate value of the Goods stored in the Unit from
time to time will not exceed that value; and this warranty is repeated
by You to us at each Due Date.
- 21A This Condition applies only if You have accepted the Insurance
Option. In that event, the following provisions of this Condition
21A shall apply.
- 21A.1 We shall take out and
maintain a contract of insurance in accordance with the [specimen]
[summary of terms] provided to you providing cover to us for the Goods
and for the purposes of such insurance cover, the replacement value of
the Goods shall be the True Total of the Value of the Goods stated at
the beginning of this Agreement.
- 21A.2 If loss or
damage occurs to the Goods as a result of any matter which may result
in a claim under such insurance cover, we shall notify the insurer
promptly of the claim and in any event within 2 business days of
receipt from you of a written direction to notify a claim in the form
attached to the [specimen / summary of terms]. For the purposes
of processing any such claim You shall provide us, the insurer or any
agent of the insurer appointed to investigate such claim with such
information and existence as may reasonably be required in relation to
the claim. We will also provide to you, the insurer, or any agent
of the insurer appointed to investigate the claim, with such
information and assistance in relation to the claim as may reasonably
be required. In addition, we will send to you a copy of all
correspondence with the insurer or any agent of the insurer relating to
the claim (including the notification). While we will, in
accordance with the previous provisions of this paragraph, notify
claims to the insurer, we are not under any circumstances obliged to
start or threaten to start any legal proceedings in relation to any
such claim [unless specifically agreed with you in writing].
- 21A.3
In the event that we make a claim under such insurance cover in respect
of damage or loss caused to the Goods, we shall pay or arrange for
payment to You that part of any proceeds of such claim made by us which
relates to such damage or loss to the Goods after deduction of any
outstanding sums due to us from you. For the avoidance of doubt,
You acknowledge that our liability in respect of any claim under such
insurance cover is restricted to the payment to You of those sums which
we recover which relate to the Goods.
- 21A.4 We do not
give any advice concerning the insurance cover referred to in Condition
21A.1 and it is for you to make your own judgement whether such
insurance is appropriate to cover the Goods and risks to them.
- 21A.5 If this Condition 21A applies then Condition 21.2 of the Agreement shall not apply.
- 21A.6 Nothing in this Condition 21A shall make us Your agent.
- We do not exclude liability for physical injury to or the
death of any person and which is a direct result of our negligence or
wilful default or that of our agents and/or employees.
- You
will indemnify us against all claims, demands, liabilities, damages,
costs and expenses incurred by us or by any of our servants, agents or
other unit users or persons on the Site which arise out of the use of
the Unit or the Site by You or any of your servants, agents or invitees
or arise out of the breach of this Agreement by You.
- In
the event of circumstances which are outside our reasonable control and
their consequences, we do not agree and are not obliged by this
Agreement to maintain the safety or security of the Goods, the Unit or
the Site in order to keep the Goods free from damage or loss.
Neither You nor we shall have any liability under or be deemed to be in
breach of this Agreement for any delay or failure in performance of
this Agreement which results from circumstances beyond the reasonable
control of that party. Such circumstances include any Act of God,
riot, strike or lock-out, trade dispute or labour disturbance,
accident, breakdown of plant or machinery, fire, flood, shortage of
labour, materials or transport, electrical power failures, threat of or
actual terrorism or environmental or health emergency or hazard, or
entry into any unit including the Unit or the Site by, or arrest or
seizure or confiscation of Goods by competent authorities.
- This Agreement shall expire on the Termination Date or as described in Condition 26.
- Either You or we may terminate this Agreement:-
26.1by giving not less than fourteen days’ written notice to the other
ending on any Due Date and termination will take effect from that Due
Date, which shall be the Termination Date; or
26.2 immediately by giving written notice to the other if it commits a
serious breach of any term of this Agreement and (in the case of a
breach capable of being remedied) shall have failed within 15 days
after service of a notice to do so, to remedy the breach. Serious
breach includes a failure by You to pay all Our Fees and other charges
due to us under this Agreement. The Termination Date shall be the
date the notice is effectively served on You in accordance with
Condition 38.
- Immediately
on the Termination Date, You must remove all goods from the Unit and
leave the Unit clean and tidy and in the same condition as at the
Commencement Date. If You do not do so, You shall pay our costs
of cleaning the Unit or disposing of any goods or rubbish left in the
Unit or on the Site. In default of Prompt Payment of our Fees and any
payments due to us under this Agreement, we are relieved of any duty
howsoever arising in respect of the Goods and they are held solely at
your risk. We may treat Goods remaining in the Unit after the
Termination Date as abandoned and may dispose of them in accordance
with Condition 18.6 and 18.8.
- Where
this Agreement has terminated and You have paid more of Our Fees and
charges than are due at the Termination Date, we will refund the
balance to You after deduction of any payments due to us as if the
balance were a Deposit under Condition 17. No
interest will accrue on any money held by us for You. Where any
payments are still outstanding from You, You must pay us in full
including any outstanding interest before we will release the Goods to
You.
- You agree to examine the Goods carefully upon
removing them from the Unit and must tell us about any loss or damage
to the Goods as soon as is reasonably possible after doing so.
- Any
delay by us in exercising any of our rights under this Agreement will
not affect our rights or be a waiver of those rights, nor will any
partial exercise of any right exclude a further exercise of that right
- Every
provision in this Agreement is severable and distinct from every other
provision and if at any time one or more of such provisions is or
becomes invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions will not be affected in any
way.
- This Agreement can only be varied in writing and
signed by one of our directors. None of our other employees or
agents has any authority to vary this Agreement on our behalf whether
orally or in writing or to make any representation of fact that is or
may be inconsistent with the terms of this Agreement.
- You
may not assign any of your rights under this Agreement or part with
possession of the Unit or Goods whilst they are on the Site to any
other person, firm or company and a breach of this Condition is a
serious breach under Condition 26.2.
- You
agree that it is not the intent of this Agreement to confer any rights
on any third parties by virtue of this Agreement and accordingly the
Contracts (Rights of Third Parties) Act 1999 shall not apply to this
Agreement.
- This Agreement shall be governed by English law and You and we submit to the exclusive jurisdiction of the English courts.
- This Agreement shall not create a tenancy or constitute us as bailees of Goods.
- Where You are two or more persons your obligations under this Agreement shall be obligations of each of you separately.
- Any
notice given under this Agreement must be in writing and may be served
by personal delivery to the person notified or its address or by
pre-paid post. Your address for service of notices shall be your
address written overleaf or any other address in England which You have
previously notified to us in writing. Any notice to You will also
be sent to any owner (whether sole, joint, or co-owners) the name and
address of whom we have been previously notified by You. Any notice to
us must be sent to our address set out overleaf. A notice will be
served at the time of personal delivery or forty-eight hours after it
has been placed in the post.
- You consent to our use of
the information given by You, including your personal information, for
marketing and other purposes and You consent to us passing such
information to other persons and companies for them to use for
marketing or other purposes.
- Before taking any court
proceedings for anything arising out of this Agreement (apart from
emergency court proceedings), the complaining party shall inform the
other person in writing of the dispute in as much detail as possible
and You and we agree to try informal conciliation within twenty
business days of the notice of the dispute. If the dispute cannot
be resolved, You and we agree to use the Centre for Alternative Dispute
Solution to try to resolve the dispute amicably by using an Alternative
Dispute Resolution procedure before taking any other step.
If the dispute is not resolved to mutual satisfaction within 90 days
after notice of the dispute has been given, You or we may submit the
dispute to the Court. This Condition does not affect the right of
either You or us to terminate this Agreement.