Terms & Conditions
1. Occupational Rights
- a) The Company consents to the Customer only to use the Unit in accordance with these Terms from the Commencement Date until terminated according to clause 6.
b) The Customer warrants that:
- i) the goods being stored with the Company (“the Goods”) are the Customer's property; or (if applicable);
- ii) all persons who own or have an interest in the property have given authority to the Customer to enter into this Agreement and shall indemnify the Company against any claim or costs which the Company may incur for breach of these warranties;
- iii) the Customer will be liable for breach of any HMRC regulations relating to the Goods.
2. Limitation Of Access And Regulations
The Company reserves the right to make regulations concerning the opening hours, management and security of the Complex, and the Customer agrees to comply with all such regulations. The Customer's right of access to the Unit shall be limited to the times allowed by the regulations.
a) Licence Fee
The Customer shall pay the Licence Fee on the Commencement Date and monthly thereafter until the Licence is determined in accordance with Clause 6.
b) Overdue Licence Fee
If the Company does not receive the Licence Fee on the due date the Company shall be entitled to charge interest at the rate of 3% above the Base Rate of Lloyds TSB Bank PLC until paid.
The Customer shall on signing hereof pay the Deposit. The Deposit less the cost of making good any unmet obligation of the Customer pursuant to these Terms will be refunded to the Customer by the Company within 14 days of termination of the Licence.
d) Licence Fee Increase
The Company may upon giving not less than 28 days' prior written notice increase the Licence Fee by such an amount as the Company in its absolute discretion shall decide provided that the Customer shall be entitled to terminate the Licence without any additional liability if it considers such increase excessive or unreasonable.
All sums payable shall be exclusive of any applicable VAT which shall be additionally payable.
4. Contents Of The Unit And Use Of The Complex
a) The Customer will only use the Unit for storage and not for any other purpose and in particular the Unit may not be used:
- i) for storage of any food or perishable goods, animals or other living creatures, flammable materials, solvents, spirit, cellulose or oil-based paints, perfumes, alcohol, aerosol products (including those with non-flammable contents as they may contain flammable alcohol or butane propellants), gases (including but not limited to oxygen, acetylene, liquid petroleum gas cylinders, propane, butane), cars, motorbikes, lawn-mowers (or any other forms of machinery that may contain flammable fuels, oils or other hazardous fluids), any fuel (including but not limited to petrol, paraffin, diesel or kerosene), any form of explosive, corrosive and/or toxic chemicals;
- ii) for storage of any property the ownership or storage of which is in breach of the law including but not limited to fire arms, explosives or illegal substances; or
- iii) in any manner which will cause a nuisance annoyance or disturbance to other Customers.
- b) The Customer must not stack possessions to the full height of the Unit and the Company will not be responsible for any damage to goods caused by condensation as a result of blockage of air vents.
- c) All fridges, freezers, washing machines and similar items must be emptied, defrosted and dry before storage and the Company will not be responsible for any damage to goods caused by failure to do so.
- d) The Customer will not cause any damage to the Unit or any part of the Complex or the property or possessions of the Company or those of any other Customer and further shall reinstate, restore or make such adequate compensation as the Company shall prescribe in respect of any damage so caused.
- e) The Customer shall not cause any undue hindrance or obstruction in the roadways inside the Complex and shall at all times exercise courtesy to others in the use thereof.
- f) The Customer undertakes to remove, at his own cost, any rubbish created by the Customer, or to reimburse the Company for any costs that It may incur in removing the Customer's rubbish.
- g) The Company reserves the right to gain access to the Unit(s) for the purposes of checking the condition thereof and where necessary, repairing the same.
- h) The Customer shall indemnify and hold the Company harmless against all claims, demands, liabilities, damages, costs and expenses incurred by or arising out of the use of the Unit or the Complex by the Customer his servants, agents, contractors or invitees.
5. Non-payment Of The Licence Fee
- a) Without prejudice to the Company's right to charge interest pursuant to 3b) above if the Customer does not make payment of the Licence Fee or any other charges payable on the due date the Company shall have a right of sale exercisable in the manner set out in 5b).
- b) If the Licence Fee and any other charges have not been paid within 14 days of the due date, the Company shall send a written reminder. If, notwithstanding the written reminder, the Licence Fee and other charges remain outstanding for a further 14 days, the Company shall give notice of its intention to exercise its right of sale of the Goods by recorded delivery, such sale not to take place earlier than 28 days from the date of such notice. If notwithstanding such notice, the outstanding Licence Fee or other charges remain unpaid, the Company may exercise its right of sale either by selling the property at auction or by private tender. On receipt of the sale proceeds the Company shall account to the Customer for any sale proceeds in excess of the amount of unpaid Licence Fee or other charges.
- c) In order to effect the sale, the Customer hereby authorises the Company to remove the Goods from the Unit and acknowledges that the Company shall not be liable to the Customer for any damage caused to the Customer's padlock or the Goods (unless such damage is wilful).
- d) If notwithstanding a sale of the Goods pursuant to Clause 5b) any sums remain unpaid the Customer shall continue to be liable for the balance as a debt.
- a) The Licence may be terminated at any time by either party giving to the other not less than 14 days written notice of their intention to terminate the Licence. Termination by notice shall be without prejudice to the rights and remedies of either party in respect of any pre-existing breach of these Terms.
- b) If at any time the Customer is in breach of the Licence the Company may immediately terminate the Licence by written notice to the Customer.
7. Action After Termination
- a) The Customer shall remove all his property from the Unit and shall leave the Unit clean and tidy and in the same condition as at the Commencement Date and, in default, shall on demand pay to the Company the amount expended by the Company in making good any damage caused by the Customer (less any amount retained by the Company from the Deposit).
b) In the event that the Customer has not removed the Goods from the Unit and the Complex within seven days of termination the Company reserves the right to charge the Customer for:-
- i) the Licence Fee which would otherwise have been payable after termination up to the date when the Goods are removed; and
- ii) any other amounts accrued due under the Licence.
- c) If notwithstanding the provisions of 7b) the Goods remain uncollected, the Company shall be entitled to treat the Goods as abandoned and shall have a right of sale exercisable in the same manner as set out in clause 5 above save that references to unpaid charges shall be deemed to be references to uncollected Goods and that, if a sale of the property is not practical because of the nature or value of the property, the Company shall be entitled to destroy or otherwise dispose of the Goods and shall be under no obligation to account to the Customer.
8. Limitation Of The Company's Liability And Insurance
- a) The Company's liability for death or personal injury caused by its negligence shall not be limited.
- b) The Company shall not be liable for any other loss or damage, including damage to property, except where such loss or damage is directly attributable to the negligence of the Company and such liability shall not exceed the amount of the Licence Fee previously paid by the Customer to the Company pursuant to these Terms.
- c) In no circumstances shall the Company be liable to the Customer for any indirect or consequential losses or loss of profit.
- d) In this clause the Company includes the Company's employees and agents.
e) Save as expressly provided in 8b) above the Goods are stored in the Unit at the Customer's own risk and the Customer is recommended to insure the Goods while stored at the Unit: such insurance may be effected through the Customer's insurers or the Company agrees to insure the Goods on behalf of the Customer under the Company's own policy as follows:
- i) The Company shall take out and maintain a contract of insurance in accordance with the Summary of Insurance Cover handed to the Customer covering the Company for the Goods and for the purposes of such insurance cover, the replacement value of the Goods shall be the Value of the goods stated at the beginning of this Agreement.
- ii) If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover, the Company shall notify the insurer promptly of the claim and in any event within 2 business days of receipt from the Customer of a written direction to notify a claim. For the purposes of processing any such claim the Customer shall provide the Company, 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. The Company will also provide to the Customer, 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, the Company will send to the Customer a copy of all correspondence with the insurer or any agent of the insurer relating to the claim (including the notification). While the Company 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 the Customer in writing).
- iii) In the event that the Company makes a claim under such insurance cover in respect of damage or loss caused to the Property, the Company shall pay or arrange for payment to the Customer that part of any proceeds of such claim made by the Company which relates to such damage or loss to the Property after deduction of any outstanding sums due to the Company from the Customer. For the avoidance of doubt, the Customer acknowledges that the Company's liability in respect of any claim under such insurance cover is restricted to the payment to the Customer of those sums which we recover which relate to the Goods.
- iv) The Company does not give any advice concerning the insurance cover referred to in Clause 8e)i) and it is for the Customer to make his own judgement whether such insurance is appropriate to cover the Property and risks to them.
- v) Nothing in this Clause 8e) shall make the Company the Customer's agent.
- vi) The Customer warrants that he had declared the true value of the Goods and that this warranty is repeated by the Customer to the Company on each due date in accordance with Clause 3.
9. Security Of The Unit
Notwithstanding any policy of insurance effected by the Customer, the Customer shall at all times:-
- a) keep the Unit in which his property is stored padlocked with his own padlock;
- b) make regular inspections of the Goods stored in the Unit.
10. Location Of Unit
The Company reserves the right at any time by giving not less than seven days' written notice to require the Customer to transfer the Goods from its present Unit to another designated Unit within the Complex. The alternative Unit shall be of a comparable size to the present Unit. In the event that the Customer does not arrange the transfer of the Goods to the alternative Unit within the notice period the Company will arrange for the Goods to be moved to the alternative Unit, without incurring any liability for loss or damage arising from such removal.
11. Company's Right Of Access
The Company reserves the right of access to the Unit at all times and for all purposes, but without prejudice to the generality thereof to inspect the Unit, to ensure compliance and observance by the Customer with these Terms and for carrying out repairs, maintenance and alterations to the Unit and the Complex.
- a) There are no representations, warranties or agreements by or between the parties which are not fully set forth herein and no representative, servant or agent of the Company has been authorised to make any representations, warranties or agreements other than as expressly set forth herein.
- b) Nothing in the Licence or in the relationship of the Company and the Customer shall be taken as creating a tenancy or the relationship of landlord and tenant, neither shall the Company for any purpose whatsoever be treated as a warehouse keeper.
- c) Written notices to and from the Customer and the Company shall be deemed served two days after posting by first class post to the respective addresses either of the Customer or the Company as shown in the Licence or as notified in writing between the parties from time to time. The Customer undertakes to notify the Company in writing of any change of address or telephone number immediately or as soon as reasonably practical. Such notice shall be deemed (for this purpose only) served only upon actual receipt by the Company.
- d) Where two or more persons constitute the Customer all obligations shall be joint and several.
- e) In these Terms defined words shall have the same meaning as in the Agreement.
- f) Without prejudice to clause 3d) above the Company may at any time vary these Terms by giving written notice to the Customer.
- g) The Agreement and these Terms shall be governed by English law and the parties submit to the jurisdiction of the English courts.
13. Non Assignment
The Licence is personal to the Customer and the benefit thereof may not be transferred nor may the Customer sub-licence or part with or share possession of the whole or any part of the Unit.