Registered office: Beechings Way Industrial Estate, LN13 9JE
Company Number 8001408
Terms and Conditions of a licence to store goods
Definitions
1. In these terms and conditions the following words have the following meanings:-
You, your – the customer named in the Schedule
We, us, our – (name of storage provider)
Goods – anything that you bring on the site and store in the unit
Unit – the storage unit specified in the Schedule or any alternative storage unit we may specify under condition 13
Commencement Date – the date specified in the Schedule
Site – the premises on which the unit is situated
Access Hours – the hours we permit access to the unit
Prohibited Items – those items specified in condition 10
Deposit – the amount specified in the Schedule
Licence Fees – the amount specified in the schedule which is inclusive of VAT
Due Date – the date specified in the schedule and the corresponding date in each period specified in the Schedule or the previous business day if the due date falls on a Saturday, Sunday or public holiday
Your Right to Occupy
2. We permit you but no other person to use the unit in accordance with these term and conditions from the Commencement Date until this agreement is terminated.
Inspection
3. You must inspect the Unit before storing any goods and inform us if you believe it is damaged or unsuitable for your requirements in any way. If you do not so the unit will be deemed to be unsuitable for you and in good condition at the Commencement Date.
Access to the Unit by You and by Us
4. You may have access to the Unit at anytime during the Access Hours. Access to the Unit will be permitted outside these hours by appointment only. We may change the Access Hours at any time without giving any prior notice. Access Hours are: Mon – Sun 7am-7pm
5. Only you and persons authorised in writing or accompanied by you will be permitted to have access to the Unit. 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 to do so) and we may refuse access to any person (including you) who is unable to provide satisfactory proof of identity.
6. We are not responsible for providing a padlock for the Unit and you must ensure that it is locked at all times when you are not in attendance. We will not be responsible for locking any unlocked Unit.
7. You will permit us (and our agents or workmen) to enter the Unit at any time in an emergence and otherwise if we give you not less than three days notice so that we may inspect it or carry out repairs, maintenance and alterations to the Unit or any other Unit or part of the site or ensure compliance with these terms and conditions or for any other purpose.
8. 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 contains Prohibited Items or is being used in breach of those terms and conditions;
ii. if we are required to do so by the Police, Fire Services, Local Authority or by a Court Order or any compliant Authority.
iii. if we believe it is necessary in an emergency;
iv. to obtain access in accordance with conditions 7, 14, 20 and 21;
v. to prevent injury or damage to persons or property; or
vi. If we are of the opinion that any of the above apply, for the purposes of ascertaining this.
Use of the Unit and the Site
9. You warrant that the goods you are storing in the Unit are your own property or the person who owns or has interest in them has given authority to you to store them in the Unit.
10. You may only use the Unit for storage and not for any other purpose. You must not store (and you must not allow any other person to store) any of the following in the Unit:-
i. food or perishable goods unless securely packed so that they are protected for vermin;
ii. birds, fish, animals or any other living creatures;
iii. combustible or flammable materials or liquids such as paint, petrol, oil or cleaning solvents;
iv. explosives, weapons or ammunition;
v. chemicals, radioactive materials, biological agents;
vi. toxic waste, asbestos or other materials of dangerous nature;
vii. any item which emits any fumes, smells or odour;
viii. compressed gases;
ix. pornography
x. ‘white goods’
11. You must not (and you must not allow any other person to):-
I. use the Unit to do anything on the Site or in the Unit which may be a nuisance to us or to the uses of any other Unit;
II. 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;
III. use the Unit as offices or living accommodation poste restante or as a home or business address;
IV. Spray paint or do any mechanical work of any kind in the Unit.
V. attach anything to the walls, ceiling, floor or doors of the Unit or make any alteration to the Unit;
VI. 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;
VII. cause any damage to the Unit or any other Unit on the Site or it’s facilities or to the property and possessions of us or any of our other customers and if you cause any damage you must (at our option) repair, restore or replace such damaged item or reimburse our costs in making necessary repairs, restoration or replacement;
VIII. 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 in using these areas.
IX. Leave any rubbish in the unit when vacating.
12. You must:-
i. inform us immediately of any damage to the Unit;
ii. comply with the directions or any of our employees or agents at the Site and any further regulations for use of the Unit which we may issue from time to time
Alternative Unit
13. We may at any time by giving you seven days written notice require you to remove your goods from one Unit to another Unit specified by us. The alternative Unit shall be of a similar size to the current Unit.
14. Removal of your goods from the current Unit to the alternative Unit will be at your expense. If you do not arrange the removal of your goods to the alternative Unit by the time specified in the notice, we may enter the Unit and arrange for the goods to be moved. Any removal arranged by us will be at you risk (except for loss or damage caused wilfully or negligently by us or our removal agents) and the removal expenses will be payable by you and we may add them to the Licence Fees.
15. If your goods are moved to an alternative Unit, this Agreement will be varied by the substitution of the alternative Unit number but this Agreement will otherwise continue in full force and effect and the Licence Fees will continue to apply to the alternative Unit.
Deposit
16. You must pay us the Deposit when you sign this Agreement. The Deposit will be returned to you (without interest) within 21 days after this Agreement terminates less any amount we may deduct to cover:-
I. repairing any damage to the Unit, Site or any other Unit caused by you, your agents or invitee or by the goods stored in the Unit;
II. any unpaid Licence Fees or removal or other charges; or
III. Any other obligation to us that you have not discharged in full.
Licence Fees
17. You must pay us the Licence Fees for the minimum period of storage on signature of this agreement and thereafter must pay the Licence Fees on the Due Date. If you do not pay the Licence Fees on the Due Date, you will immediately become liable to pay a late payment charge equal to ten percent of the Licence Fees (subject to minimum charge of £5) for each period of two weeks or any part of it that the Licence Fees (including any late payment or other charges) remain unpaid after the Due Date.
18. In the event that any cheque is dishonoured, we may make a further charge of £12 on each occasion that your cheque is returned.
Increases
19. If you do not pay the Licence Fees at any time by giving you written notice and the new Licence Fees shall take effect on the first Due Date occurring not less than four weeks after the date of notice.
Non Payment of Licence Fees
20. If you do not pay the Licence Fees on the Due Date or the late payment charge or either, we may exclude you from the Site and from the Unit and we may break the lock on the Unit and install a new lock, whether or not we have exercised our right to terminate this Agreement. Exercising our right to exclude you from the Site and the Unit does not affect your obligation to pay any unpaid of future Licence Fees or late payment charges.
21. If any part of the Licence Fees or the late payment charge is outstanding one month after the Due Date then we may:-
I. 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 72 hours of the posting of that notice by us to you at your address set out in the Schedule;
II. on expiry of the notice in sub-Condition 21 (i), remove all the goods in the Unit to any alternative storage facilities that we may decide without incurring any liability for loss of damage to the goods arising from the removal and alternative storage;
III. charge you full costs of removing the goods from the Unit and alternative storage costs together with any repeated costs if we require to move goods at anytime time afterwards;
IV. Sell the goods on your behalf and pass good title to them and use the proceeds of the sale to discharge any outstanding Licence Fees and the other charges due to us. If the proceeds of the sale are insufficient to discharge your outstanding liability to us then you will remain liable for the balance and we may take any action we consider necessary to recover the outstanding amounts;
V. Treat any goods not sold as abandoned and destroy or otherwise dispose of them.
VI. If we don’t receive any correspondence we will continue to remove goods.
Termination
22. Either you or we may terminate this Agreement by giving no less than fourteen days written notice ending on any Due Date and termination will take effect from that Due Date. Any Licence Fees paid in advance will not be refunded.
23. You may not terminate this Agreement if any Licence Fees or other charges are outstanding or if you are otherwise in breach of this Agreement.
24. We may terminate this Agreement immediately by giving you written notice if you are in breach of any term of this Agreement.
On Termination
25. On termination of this Agreement 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. We may charge you if we have to clean the Unit or dispose of any goods or rubbish left in the Unit or on the Site.
26. We may treat any goods remaining in the Unit after termination as abandoned and may dispose of them in accordance with Condition 21 (iv) and (v).
Insurance
27. We do not insure your goods whilst in the Unit. Storage of goods in the Unit is at your sole risk and you must insure them at their full replacement value.
Exclusion of Liability
28. 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 of omission, negligence or wilful default by us or by any of our servants or agents or other customers; not shall we be liable for any consequential or economic loss incurred by you as a result of any loss or damage to the goods.
29. Any other representations, conditions, warranties or other terms, whether written or oral, express of implied, statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
30. The exclusion of liability in Condition 27 and 28 does not apply where the damage suffered by you and (you are the consumer as defined in the Unfair Contract Trade Act 1977) is a direct result of our negligence of wilful default or that our servants or agents and which causes physical injury to or the death of any person.
Indemnity
31. You will identify us and hold us harmless against all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our servants, agents or other customers which arises out of the use of your Unit or the Site by you or any of your servants, agents or invitees or arises out of this Agreement by you.
Notices
31. Any notice given under this agreement must be in writing and may be served by personal delivery, or by pre-paid post. Any notice to you may be sent to the address stated in the Schedule or any other address which you notify to us in writing. Any notice to you will also be sent to any owner (whether sole, joint or co-owners) of which we have been notified by you. Any notice to us must be sent to out address set out in the Schedule. Notices will be effectively served immediately if served personally or forty-eight hours after they have been placed in the post.
Force Majeure
32. We shall not be liable for any loss or damage which you may suffer as a direct or indirect result of our performance of this Agreement being prevented, hindered or delayed by reason of any Act of God, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, difficulty in obtaining workmen, material or transport, electrical power failures or other circumstances whatsoever outside our control and which affect the provision by us of access to the use of the Unit.
General
33. Any delay by us in exercising any of our rights under this Agreement will not impair our rights or be a waiver of those rights, nor will any partial exercise of any right preclude a further exercise of that right.
34. You may not assign any of your rights under this Agreement or part with possession of the Unit to any other person, firm or company.
35. No variation of these terms and conditions will be effective unless expressly accepted in writing by us and signed by one of our directors. None of our employees or agents who is not also a director has any authority to vary these terms and conditions on our behalf whether in orally or in writing.
36. Every provision in these terms and conditions is severable and distinct from every other provisional any 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.
37. This Agreement shall be governed by English law and you and we submit to the exclusive jurisdiction of the English courts.
