1. Rights granted to Customers
1.1 Provided that you comply with all the payment and other obligations contained in these conditions we grant you (but no other person) the right and licence to store goods (the Goods) on our premises on which your unit (the Unit) is situated (the Site) subject to these conditions.
1.2 Whilst your goods are in store with us you shall have free access to the Unit during our published opening times (the Access Hours).
2. Permitted use and users
2.1 You shall be permitted to use the Unit for the storage of Goods in the Unit in accordance with these conditions from the date of commencement of this Contract (the Start Date) until this Contract is terminated (the Termination Date).
2.2 You may use only the Unit for storage, you must not store (and you must not allow any other person to store) anything in the Unit which is dangerous, illegal, or which may be a nuisance to us or to the users of any other Unit or do anything on the Site or in the Unit which may invalidate any of our insurance policies (or those of any other Unit users) or increase the premiums.
2.3 You shall be permitted 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.
2.4 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 Contract 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.
2.5 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.
2.6 You must not store (and you must not allow any other person to store) any of the following in the Unit:
(a) food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
(b) birds, fish, animals or any other living creatures;
(c) combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
(d) firearms, explosives, weapons or ammunition;
(e) chemicals, radioactive materials, biological agents;
(f) toxic waste, asbestos or other materials of a potentially dangerous nature;
(g) any item which emits any fumes, smell or odour;
(h) any illegal substances, illegal items or goods illegally obtained;
(i) compressed gases.
2.7 You must not (and you must not allow any other person to):-
(a) 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;
(b) 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;
(c) 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;
(d) spray paint or do any mechanical work of any kind in the Unit;
(e) attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
(f) 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;
(g) 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;
(h) 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.
(i) connect or provide any utilities or services to the Unit unless authorised in advance in writing by us.
2.8 You must (and you shall procure that your agents must):-
(a) 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;
(b) inform us immediately of any damage or defect to the Unit;
(c) 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.
3. Responsibilities on Customer
3.1 We do not insure your Goods whilst in the Unit. Storage of Goods in the Unit is at your sole risk.
3.2 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 Contract.
3.3 Storage of Goods in the Unit is at your sole risk.
3.4 You warrant to us as follows:
(a) 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;
(b) 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;
(c) that you have specified to us in writing the true total value of all the Goods; and
(d) that the aggregate value of the Goods stored in the Unit from time to time will not exceed the true total value that you have specified to us in writing; and this warranty is repeated by you to us at each date for payment of fees by you.
3.5 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.
4. Responsibility for security
4.1 You are responsible for providing a secure padlock for your Unit and you must ensure that it is locked so as to be secure from unauthorised entry at all times when you are not in attendance. We will not be responsible for locking any unlocked Unit.
4.2 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.
5. Rights granted to Supplier
5.1 ON NOTICE FOR MAINTENANCE: You will permit us (and our agents or workmen) to enter the Unit if we give you not less than seven day’s notice so that we may inspect it or carry out repairs, maintenance or alterations to the Unit or any other Unit or part of the Site to ensure compliance with these terms and conditions or for any other purpose.
5.2 WITHOUT NOTICE IN CIRCUMSTANCES OF SUSPECTED BREACH OR FOR EMERGENY ACCESS: We may enter the Unit at any time without notifying you (and if necessary we may break the lock to gain entry) (i) if we believe that the Unit is being used in breach of these terms and conditions; or (ii) if we are required to do so by the Police, Fire Service, Local Authority or by Court Order; or (iii) if we believe it is necessary in an emergency; or (iv) to obtain access in accordance with these conditions; or (v) to prevent injury or damage to persons or property; or (vi) for the purpose of ascertaining whether the Unit contains any items described in these conditions 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.
6. Limitation of liability
6.1 We shall not be liable for any loss (including consequential or economic loss) or damage to the Goods stored in the Unit, whether or not the loss or damage is due to any act or omission, negligence or wilful default by us or by any of our servants or agents or other customers; nor shall we be liable for any consequential or economic loss or damage to the Goods. Any other representations, conditions, warranties and other terms, whether written or oral, express or implied, statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
6.2 The exclusion of liability in paragraph 6.1 does not apply where the damage suffered by you is a direct result of our negligence or wilful default or that of our servants or agents and which causes physical injury or the death of any person.
7. Ownership of Goods
7.1 You warrant that throughout this Contract, 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 Contract 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.
8. Payment obligations
8.1 You must pay us the fees agreed for storing your Goods in accordance with these conditions (the Fees) on their due dates (the Due Dates).
8.2 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 Contract or any other agreement between you and us (the Sums Owed) is of the essence of this Contract. Prompt payment shall mean payment on any Due Date or otherwise within seven days of the sum being demanded in writing.
8.3 The terms of this condition are additional to and without prejudice to all or any rights we may have at common law or otherwise.
8.4 In default of prompt payment of the Sums Owed:
(a) subject to these conditions, if applicable, we are relieved of any duty howsoever arising in respect of the Goods; and
(b) the Goods are held solely at your risk and we shall be able to immediately exercise the lien described below.
8.5 We have a lien over the Goods for the Sums Owed until payment of the Sums Owed 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.
8.6 You shall pay us fees and charges at the same rates as under this Contract and if this Contract 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.
8.7 In default of prompt payment of the Sums Owed you authorise us:
(a) to refuse you and your agents access to the Goods, the Unit and the Site;
(b) to enter the Unit and inspect and remove the Goods to another unit or Site;
(c) to hold onto and/or ultimately dispose of some or all of the Goods.
8.8 In the event that the Sums Owed are 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 Contract, we may, subject to these conditions, 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 the Sums Owed and to hold any balance for you. Interest will not accrue to you on the balance.
8.9 If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and the Sums Owed, 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 the Sums Owed until payment has been made.
8.10 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 the Sums Owed at the date of the notice (and, in our sole discretion, specifying any amount by which the Sums Owed are 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.
8.11 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.
8.12 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.
8.13 We may alter the 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.
9. Sanctions for late payment
9.1 If your hire charge (the Hire Charge) is not paid when it is due a late payment charge equal to 10% of the Hire Charge will be made.
9.2 If you do not pay the Hire Charge on the Due Date or the late payment charge or either, we may exclude you from the Unit and we may break the lock on the Unit and install a new lock, whether or now we have exercised our right to terminate this Contract. Exercising our right to exclude you from the Site and the Unit does not affect your obligation to pay any unpaid or future Hire Charges or late payment charges.
9.3 If any part of the Hire Charges or the late payment charge is still outstanding one month after the Due Date then we may:
(a) give you written notice that we will remove all the Goods in the Unit if you have not paid all outstanding amounts due in full within seven days of the posting of that notice by us to you at any address given by you;
(b) on expiry of the notice remove all the Goods in the Unit to a saleroom or any alternative storage facilities that we may decide without incurring any liability for loss or damage to the Goods arising from such removal;
(c) charge you the full costs of removing the Goods from the Unit and costs of sale;
(d) sell the Goods on your behalf and pass good title to them and use the proceeds of sale to discharge all outstanding costs and other charges due to us. If the proceeds of sale are insufficient to discharge your outstanding liability we may take any action we consider necessary to recover the outstanding amounts;
(e) treat any Goods not sold as abandoned and destroy or otherwise dispose of them.
9.4 On each occasion any cheque is dishonoured by you, at our option you must pay us an administrative charge of £12.
9.5 You must pay us interest on all amounts overdue for payment from you at the rate of 5% above the base rate of Lloyds 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 Contract.
9.6 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 the Fees or other charges is overdue and exclude any duty of care howsoever arising
10.1 ON THE TERMINATION DATE: This Contract shall expire on the agreed date of termination of this Contract (the Termination Date) or as otherwise described in these conditions.
10.2 ON NOTICE: Either you or we may terminate this Contract by giving not less than two weeks’ written notice and termination will take effect from the expiry of the notice.
10.3 FOR BREACH: we may terminate this Contract immediately by giving you written notice if you are in breach of any term of this Contract and (in the case of a breach capable of being remedied) shall have failed within fifteen days after service of a notice to do so, to remedy the breach. Serious breach includes a failure by you to pay all the Fees and other charges due to us under this Contract. In those circumstances the Termination Date shall be deemed to be the date the notice is effectively served on you in accordance with these conditions.
10.4 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 Contract by you.
10.5 FORCE MAJEURE: In the event of circumstances which are outside our reasonable control and their consequences, we do not agree and are not obliged by this Contract 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 Contract for any delay or failure in performance of this Contract 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.
11. Post termination
11.1 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 Start 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 Contract, 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 these conditions.
11.2 Where this Contract has terminated and you have paid more of the 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 these conditions. 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.
11.3 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.
12. Clarifying no tenancy or exclusive use
12.1 This Contract shall not create a tenancy or constitute us as bailees of Goods.
12.2 This Contract shall not confer on you any right to exclusive possession of the Unit.
12.3 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.
12.4 We agree to pay your reasonable costs of removal which have been approved in writing by us in advance of the removal.
12.5 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 Conditions).
12.6 If the Goods are moved to an alternative unit, this Contract will be varied by the substitution of the alternative unit number but shall otherwise continue in full force and effect and the Fees at the rate agreed for this Contract will continue to apply to your use of the alternative unit.
13. Consent to use of information
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.
14. Assignment and other dealings
14.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights under this Contract and may subcontract or delegate in any manner any or all of our obligations under this Contract to any third party or agent.
14.2 You shall not, without our prior written consent assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under this Contract or part with possession of the Unit or Goods whilst they are on the Site to any other person, firm or company and breach of this condition is a serious breach under these conditions.
15.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
15.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one business day after transmission.
15.3 The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
16.1 If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
16.2 If one party gives notice to the other of the possibility that any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
A waiver of any right under this Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18. Separate obligations
Where you are two or more persons your obligations under this Contract shall be obligations of each of you separately.
19. No partnership or agency
Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
20. Third parties
A person who is not a party to this Contract shall not have any rights to enforce its terms.
Except as set out in these Conditions, no variation of this Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the us. This Contract 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 Contract 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 Contract.
22. Alternative dispute resolution
Before taking any court proceedings for anything arising out of this Contract (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 Contract.
23. Governing law
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).