1. In these terms and conditions, the following words have the following meanings: –
Access Hours – the hours we permit you to access the unit.
This Agreement – these terms and conditions and the information set out in the Customer Agreement.
Customer Agreement – the Agreement signed or agreed by you.
Agreement Period – the period commencing on the start date and ending on the termination date.
Start Date – the commencement date specified in the Customer Agreement.
Due Date – the start date for the first four weeks of storage and the corresponding date for each
following period of four weeks.
The Goods – anything you store in the unit at any time during the Agreement period.
Other Charges – our fees for the sale of insurance, general merchandise, extended access,
transportation, rental of equipment or any other service and any VAT payable that may
be incurred by you from time to time.
Our Agreement Fees – the amount specified on your invoice (based on the weekly/monthly fee specified in the Customer Agreement) plus any other charges which shall also be paid by you where it is or becomes applicable.
Prompt Payment in respect of the payment of each 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 five days of that sum being demanded in writing.
Store or Site – the premises in which the unit is situated.
Termination Date – the date of termination of the Agreement in accordance with Condition 26.
Unit – the storage container or space specified in the Customer Agreement or any alternative storage container or space we may from time to time in our absolute discretion specify under Condition 11.
We, Us, Our – the unit provider named as the Promisor in the Customer Agreement.
You, your – the Promisee named in the Customer Agreement.
1. All sums payable under the terms of this Agreement will be exclusive of any VAT.
1.1 All unit sizes are approximate, and we accept no responsibility for their accuracy. In agreeing to our Agreement fee, you accept it applies to the unit you use and not any unit represented.
2. So long as our Agreement fees are paid up to date, we agree that you, but no other person:
2.1.1 may use the unit for the storage of goods in accordance with this Agreement during the Agreement Period;
2.1.2 may have access to the unit at any time during the access hours of the Agreement period only for the purposes of depositing, removing, substituting or inspecting the goods and your regular inspection of the unit for damage or unsuitability of 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 at the site, but we reserve the right to change access hours to other reasonable access times at any time without giving any prior notice.
2.2 Extended access may be available between the hours indicated in the Customer Agreement and is only provided in return for a further Agreement fee being paid. We reserve the right to decline any promisee’s request for extended access and to charge you a further reasonable fee for the time and effort involved in resolving any issues regarding extended access, when the service has not been paid for or correctly used by you. We also reserve the right to remove this service from you or to adjust the hours of access provided at our absolute discretion.
3. Only you and persons authorised in writing or accompanied by you (“authorised persons”) 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 and promisees of units at 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 at the store, or the security of the unit or its contents, or other units at the site or their contents will be put at risk.
3.1 We will contact, disclose, discuss and provide access to your account details to, and otherwise deal with (as your agent), persons authorised by you in writing or identified by you to us as your alternative contact person(s) (“alternative contacts”) in accordance with, and to the extent of, your instructions. In addition, in the event that we are unable to contact you at your contact details specified in the Customer Agreement (as amended or updated from time to time by notice in writing by you to us) for any reason, we may and you hereby authorise us to contact, disclose, discuss and provide access to your account details to, and otherwise deal with (as your agent), such alternative contacts for the purposes of and in relation to this Agreement. You warrant that you have the right to provide to us the personal data of such alternative contacts and to authorise our use of such data for this purpose.
4. You are responsible for providing a secure padlock for the unit. You must ensure that the unit is locked so as to be secure from unauthorised entry at all times when you are not using the unit. We will not be responsible for locking any unlocked units. You are responsible for removing the lock from your unit on the termination date. 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. You permit us and our agents and contractors to access the unit and if necessary we may break the lock to gain access:
5.1. 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;
5.2. at any time without notifying you:
5.2.1. if we reasonably believe that the unit contains any items described in Condition 8 or is being used in breach of Condition 9;
5.2.2. for the purpose of ascertaining whether the unit contains any items described in Condition 8 or if we reasonably consider that such access is necessary to ascertain whether action needs to be taken to prevent injury or damage to persons or property;
5.2.3. if we are required to do so by the Police, Customs, Fire Services, Local Authority or by a Court Order;
5.2.4. for any purpose including that in Condition 5.1, if we believe it is necessary in an emergency;
5.2.5. to obtain access in accordance with Condition 11;
5.2.6. to obtain access in accordance with our powers pursuant to Condition 18; or
5.2.7. to prevent injury or damage to persons or property.
6. 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.
7. 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 at the store, or the security of the unit or its contents, or other units at the site or their contents would be put at risk by the storage or continued storage of any such goods.
8. You must not store (and you must not allow any other person to store) any of the following in the unit:
8.1. food or perishable goods (other than in accordance with Condition 41) unless approved by us and provided that they are protected from and do not attract vermin;
8.2. plants, birds, fish, animals or any other creatures;
8.3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
8.4. firearms, weapons, ammunition, explosives or the components thereof;
8.5. chemicals, radioactive materials, biological agents;
8.6. toxic waste, asbestos or other materials of a potentially dangerous nature;
8.7. any item which emits any fumes, smell or odour;
8.8. any illegal substances, illegal items or goods illegally obtained;
8.9. compressed gases; or
8.10. any item of high value requiring specialist storage (including without limitation jewellery, money, bullion, deeds, bonds, securities, stamps, antiques, fine art or fine wines (other than in accordance with Condition 41)).
9. You must not (and you must not allow any other person to):
9.1. use the unit or do anything at the site or in the unit which may be a nuisance to us or the users or promisees of any other unit or any person at the site or neighbouring property and you must limit noise as much as possible;
9.2. do anything at the site or in the unit which may invalidate any of our insurance policies or those of other site users or promisees or increase the premiums payable on them;
9.3. 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;
9.4. spray paint or do any mechanical work of any kind in the unit;
9.5. attach anything to the internal or external surfaces of the unit or make any alteration to the unit whatsoever;
9.6. 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;
9.7. 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 promisees or other persons at 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;
9.8. leave anything in or cause any obstruction or undue hindrance in any passageway, roadway, 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;
9.9. leave any waste or refuse that is created by storing the goods and you will be charged the reasonable costs of disposing of such waste or refuse if you fail to comply with this undertaking; or
9.10. connect anything to any power point without our consent. Any electrical appliance connected must be placed on a proper surface in an area dedicated for its use.
10. You must (and you shall procure that your agents must):
10.1. use reasonable care when at the site or using the unit and take all reasonable care in respect of the unit, the site, and the property of us or any other users or promisees or other persons at the site;
10.2. inform us immediately of any damage or defect to the unit;
10.3. 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;
10.4. pay for the reasonable cost of repairs or cleaning or making good to your unit or our site, of any damage caused by you or your agents, including but not limited to your removal, haulage or delivery contractors; and
10.5 submit to us an inventory of the goods upon our request for the same.
10.6 maintain all electrical equipment used in the unit in accordance with Health and Safety standards and all compliance legislation. All items must be safely connected.
11. This Agreement shall not confer on you any right to exclusive possession of the unit.
11.1. We may at any time by giving you seven days’ written notice, require you to remove the goods from the unit to another unit specified by us, which shall not be smaller than the current unit,
11.1.1. in the event of a fire or flood or other incident or occurrence at the site which in our opinion requires the unit or any part of the site to be closed or sealed off;
11.1.2. if we close the site or any part of the site for redevelopment, in which case we may require you to remove the goods from the unit to another unit in another site, which we will try to ensure is as near as possible to the site in the given circumstances.
11.2. We agree to pay your reasonable costs of removal which have been approved in writing by us in advance of the removal.
11.3. If you do not arrange the removal of goods to the alternative site 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).
11.4. 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 Agreement fees at the rate set out in the Customer Agreement will continue to apply to the alternative unit.
12. You must pay us our Agreement fees for the minimum period of storage (28 days) on signature of this Agreement and thereafter must pay our Agreement fees on the due date.
13. We may alter our Agreement fees at any time by giving you written notice and the new Agreement fees shall take effect on the first due date occurring not less than four weeks after the date of our notice.
14. If you do not pay our Agreement fee within ten days after its due date, you must immediately on demand pay us an administrative charge for late payment (the “late charge”) which is the larger of 10 per cent of our (4 weekly) Agreement Fees or £10. If your failure to pay our Agreement fee continues for fifteen days or more after its due date and/or you fail to pay the late charge on demand, the amounts outstanding shall incur interest at the rate of 5% above the base rate of HSBC 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. We may, in our sole discretion, require you (as an alternative) to pay us interest on the amount of Agreement fees overdue at the rate of 5% above the base rate of HSBC 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. The late charge (or interest) shall be payable whether or not we exercise the right of sale under this Agreement.
15. If you do not pay any of our Agreement fee by its due date we may (in our sole discretion) immediately without notice to you withdraw any further discounts, deductions or other rebates on the Agreement fee agreed to be granted by us to you.
16. On each occasion any amount submitted by you by way of payment of our Agreement fees is dishonoured, at our option you must immediately on demand pay us an administrative charge of £15. Furthermore, once a payment method has been dishonoured we can no longer accept payment in this form and require settlement of your outstanding account by cash, debit card or credit card.
17. 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.
17.1. The terms of this Condition are additional to and without prejudice to all or any rights we may have at common law or otherwise.
17.2. In the event of a default of the prompt payment of your debt:
17.2.1. We are relieved of any duty howsoever arising in respect of the goods; and
17.2.2. the goods are held solely at your risk and we shall be able to immediately exercise the lien described below.
17.3. We have a lien over the goods for your debt until payment of your debt in full has been received by us in cash/debit/credit card 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:
17.4. 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
17.5. in default of the prompt payment of your debt, you authorise us: –
17.5.1. to refuse you and your agents access to the goods, the unit and the site;
17.5.2. to access the unit and inspect and remove the goods to another unit or site; and
17.5.3. to hold onto and/or ultimately dispose of some or all of the goods;
17.6. In the event that your debt is not paid 30 days after the due date 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 17.8, sell the goods and pass all ownership to them and use the proceeds of sale to pay first the costs incurred by us and secondly in paying your debt and to hold any balance for you. Interest will not accrue to you on the balance;
17.7. 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.
17.8. before we sell the goods, we will give you notice in writing of the amount of your debt at the date of the notice and that in default of payment within 10 days of the date of the notice, we will sell the goods. We do not agree to give you any further notice of any intended sale;
17.9. We will sell the goods by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale.
17.10. 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.
17.11. You will pay our reasonable costs incurred in administering the debt collection and sale process described in this Condition. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for our own time.
18. Because the nature and type of the goods being stored by you from time to time is entirely within your discretion (subject to Conditions 8 and 9):
18.1. 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;
18.2. You must ensure that when the goods are presented for storage, they will be securely and properly packed or bottled (as the case may be) and in such condition as not to cause damage or injury to the unit or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances or otherwise. Howsoever, in addition, the goods will not be perishable or include any animal or other living creature; and
18.3. You must complete an inventory of your goods. We do not inspect the goods when they arrive at the store and we do not keep any records concerning, or (save as requested pursuant to Condition 10.5) any inventory of the goods, nor do we have any knowledge of their nature, condition or state of repair.
19. In the event that you do not pay our Agreement fees or charges, the goods are left in the unit at your sole risk. We exclude any liability in respect of the goods when payment of our Agreement fees or charges is overdue and exclude any duty of care howsoever arising.
20. Insurance cover.
20.1. Storage of goods in the unit is at your sole risk.
20.2. We do not insure any goods or contents on your behalf or accept any liability for loss or damage however caused while goods are stored in the unit or at the site. We strongly recommend that you take out your own insurance cover through the NCIP scheme.
21. 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 or for any matter which cannot be excluded by law.
22. 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 promisees or persons at 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.
23. 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 access of any unit or the store by, or arrest or seizure or confiscation of goods by, competent authorities.
24. This Agreement may be terminated by you or us in accordance with Condition 26.
25. Either you or we may terminate this Agreement:
25.1. by giving not less than seven 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 (should this Agreement not be terminated on the due date you will be given a further seven days grace, after which it will be assumed that you have not served written notice on us of your intention to terminate); or
25.2. 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 Agreement 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.
26. 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 at the site. In default of prompt payment of our Agreement 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 Conditions 17.6 and 17.8.
27. Where this Agreement has terminated, and you have paid more of our Agreement fees and charges than are due at the termination date, we will refund the balance to you. 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.
28. 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.
29. 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.
30. We may, at any time, unilaterally vary any of the terms of this Agreement provided that such variation is 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.
31. You may not assign any of your rights under this Agreement or part with possession of the unit or the goods whilst they are at the site to any other person, firm or company and a breach of this Condition is a serious breach under Condition 25.2.
32. 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.
33. This Agreement shall be governed by English law and you and we submit to the exclusive jurisdiction of the English courts.
34. This Agreement shall not create a tenancy or lease or the relationship of landlord and tenant between you and us or constitute us as bailees of goods.
35. Where you are two or more persons your obligations under this Agreement shall be obligations of each of you separately.
36. Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified, or by prepaid post. Your address for service of notices shall be your e-mail and/or postal address written on the Customer Agreement or any other address in England, Scotland or Wales 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 (including e-mail address) of whom we have been previously notified by you. Any notice given by you to us must be in writing and may be served by email, by personal delivery or by pre-paid post. Our address for service of notices shall be our address set out on the Customer Agreement. A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the email was sent.
36.1. You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated on this Licence.
37. We process the information given by you in the Customer Agreement, including your personal data, (“your data”) in accordance with the Data Protection Act 2017.
37.1 Your data will only be used for the purposes of this Agreement, processing payments, communicating with you, and generally maintaining your account with us.
37.2 We will release your data and other account details at any time if we consider in our sole discretion that such release is appropriate to comply with the law, to enforce this Agreement, for fraud protection and credit risk reduction, or to protect the safety of any person at the store, or the security of the unit or its contents, or other units at the site or their contents will be put at risk.
37.3 In the event that we sell or buy any business or assets, we may disclose your data and account details to the prospective seller or buyer of such business or assets or if we or substantially all of our assets are acquired by a third party, your data and account details will be one of the transferred assets.
37.4 You consent to our use of your data for our marketing and other like or related purposes, including to provide you with information, products or services that you request from us or which we feel may interest you. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these. Your choice with regard to the relevant use of your data is indicated in the Customer Agreement.
38. 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 20 business days of the notice of the dispute. If the dispute cannot be resolved, you and we agree to use the Centre for Effective Dispute Resolution to try to resolve the dispute amicably by using an Effective 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.