Access Times – Monday to Friday 9am – 5pm
Saturday and Sunday 10am – 4pm
Access Hours the hours we permit access to the Unit
This Agreement these terms and conditions and the information set out overleaf
Commencement date the date specified overleaf
Deposit the amount specified overleaf (a deposit will only be taken if specified in writing prior to hire commencement)
Due Date the date specified overleaf and the corresponding date in each period specified overleaf or the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
The Goods anything you store in the Unit at any time during this Agreement
Our Fees the amount specified overleaf which does not Include VAT, which shall also be paid by you where it is or becomes applicable.
Prompt Payment In respect of payment of each and every sum due under this Agreement, payment on the Due Date or within two working days afterwards, and in respect of any sum being due under any other agreement between You and us, payment within seven days of that sum being demanded in writing.
Site the premises on which the Unit is situated
Termination Date the date specified overleaf or the date of termination of this Agreement in accordance with Condition 25 or 26
Unit the storage unit specified overleaf or any alternative storage unit we may specify under Condition 11
We, us, our the storage provider named overleaf
You, your the customer named overleaf
Right to Occupy
2.1 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
2.2 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.
Access by you or your agents
3. 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.
4.1 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.
Deliveries and collections
Access by us or our agents
6.1 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;
6.2 at any time without notifying You:-
6.2.1 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;
6.2.2 if we are required to do so by the Police, Fire Services, Local Authority or by a Court Order;
6.2.3 for any purpose including that in Condition 6.1, if we believe it is necessary in an emergency;
6.2.4 to obtain access in accordance with Conditions 11 and 18;
6.2.5 to prevent injury or damage to persons or property; or
6.2.6 for the purpose of ascertaining whether the Unit contains any items described in Condition 8 or 9 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.
7. 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.
9.1 food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
9.2 birds, fish, animals or any other living creatures;
9.3 combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
9.4 firearms, explosives, weapons or ammunition;
9.5 chemicals, radioactive materials, biological agents;
9.6 toxic waste, asbestos or other materials of a potentially dangerous nature;
9.7 any item which emits any fumes, smell or odour,
9.8 any illegal substances, illegal items or goods illegally obtained;
9.9 compressed gases.
Use of the unit and site
10. You must not (and You must not allow any other person to)…
10.1 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;
10.2 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;
10.3 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;
10.4 spray paint or do any mechanical work of any kind in the Unit;
10.5 attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
10.6 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;
10.7 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;
10.8 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.
10.9 connect or provide any utilities or services to the Unit unless authorised in advance in writing by us.
11.1 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;
11.2 Inform us immediately of any damage or defect to the Unit;
11.3 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.
12. This Agreement shall not confer on You any right to exclusive possession of the Unit.
12.1 We may at any time by giving You seven days’ written notice require You to remove the Goods from the Unit to another unit or units specified by us which shall not be smaller than the current Unit.
12.2 The cost of removal will be at the customer’s expense.
12.3 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).
12.4 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.
17. 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:-
17.1 any breach of Condition 10.7;
17.2 any of Our Fees which have not been paid or any unpaid removal or other charges; or
17.3 any other obligation to us that You have not performed.
Non payment of fees
18. 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.
18.1 The terms of this Condition are additional to and without prejudice to all or any rights we may have at common law or otherwise.
18.2 In default of Prompt Payment of Your Debt,
18.2.1 we are relieved of any duty howsoever arising in respect of the Goods; and
18.2.2 the Goods are held solely at Your risk and we shall be able to immediately exercise the lien described below.
18.3 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.
18.4 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
18.5 In default of Prompt Payment of Your Debt, You authorise us:
18.5.1 to refuse You and your agents access to the Goods, the Unit and the Site;
18.5.2 to enter the Unit and inspect and remove the Goods to another unit or Site;
18.5.3 to hold onto and/or ultimately dispose of some or all of the Goods.
18.6 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.
18.7 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.
18.8 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.
18.9 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.
18.10 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.
21. You warrant to us as follows:
21.1 that 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
21.2 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.
21.3 Storage of Goods in the Unit is at your sole risk.
21.4 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
21.5 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.
Exclusion of Liability
24. 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.
26.1 by giving not less than fourteen days’ written notice to the other; 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 14 days after the date the notice is effectively served on You in accordance with Condition 38.
Loss or damage
29. 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.
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