Self Storage Terms & Conditions
TERMS & CONDITIONS OF BUSINESS
These terms and conditions form part of the Self Storage Agreement printed separately. Words commencing with capitals in this Agreement shall have the meanings given in the Self Storage Agreement or in the Self Storage Terms & Conditions.
STORAGE
1. The Storer:
(a) Has the right to store Goods in the Space allocated to the Storer by the Owner:
(b) Is deemed to have knowledge of the Goods in the Space and
(c) Warrants that he/she owns the Goods or that the person who owns or has an interest in them has given authority to the Storer to store the Goods.
2. The Owner:
(a) Does not and will not be deemed to have knowledge of the Goods:
(b) Is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the Owner does not, subject to the provisions of this Agreement, take possession of the Goods.
COST
3. The Storer must upon signing the Self Storage Agreement, pay to the Owner the Deposit (which, subject to the provisions of this Agreement, will be refunded on termination of this Agreement) and the balance of Initial Costs in advance.
4. The Owner reserves the right to deduct or withhold from the Deposit any monies accruing in respect of repairs or cleaning or the making good of your breach of the Self Storage Agreement or these terms and conditions, which we consider is required to bring the Space to the same standard as you received it on your start date.
5. The Storer is responsible to pay:
(a) The Storage Fee being the amount indicated in this Agreement or such increased amount as may be notified to the Storer in writing by the Owner from time to time, provided that the Owner will not give less than 4 weeks written notice of any increase. The Storage Fee is payable in advance at such times and for such periods as is specified in the Self Storage Agreement and it is the Storer’s responsibility to ensure that payment is made directly to the Owner, on time, in full, throughout the period of storage. The Owner will not send out an invoice unless it specifically agrees to do so with the Storer and
(b) A late payment fee which becomes payable each time the Storage Fee is more than 14 days late, such late payment fee being the greater of £25 or 10% of the amount of the Storage Fee which is late.
6. All fees and payments are exclusive of VAT which, if payable, shall be paid in addition to the relevant fee or payment.
7. The Storer may not withhold payment of any amount due to the Owner by reason of any right of set-off or counter-claim which the Storer may have or allege to have or for any reason whatsoever.
DEFAULT
8. The Storer acknowledges that, in the event of the Storage Fee or any other moneys owing, not being paid in full within 42 days of the due date, the Owner may, without further notice, enter the Space, exclude the Storer from the Space, retain the Deposit and/or take possession, remove all the Goods in the Space to any alternate storage facilities that the Owner may decide without incurring any liability for loss or damage to the Goods arising from their removal and alternative storage, sell or dispose of any Goods in the Space on such terms that the Owner may determine and treat any Goods not sold as abandoned and destroy or otherwise dispose of them. The Owner may also require payment by the Storer or the Owner’s costs, including any costs, expenses and legal fees, associated with the seizure of the Storer’s Space and the sale of the Goods. Any excess moneys recovered by the Owner on disposal will be returned to the Storer. Exercising the Owner’s right to exclude the Storer from the Space does not affect the Storer’s obligation to pay any unpaid Storage Fees, cleaning costs or any late payment fee.
ACCESS AND CONDITIONS
9. The Storer:
(a) Must inspect the Space before storing any Goods and inform the Owner if it is damaged or unsuitable for the Storer’s requirements in any way.
(b) Has the right to access the Space during Access Hours as posted by the Owner from time to time.
(c) Will be solely responsible for the securing of the Space, providing a padlock for the Space and shall secure the Space at all times when the Storer is not in the Space in a manner which is acceptable to the Owner, and where applicable will secure the external gates and doors of the premises in which the Space is situated. The Owner will not be responsible for locking any unlocked Space; charges may apply if incurred by the Owner.
(d) Undertakes to the Owner that he/she will not store any Goods that are birds, fish, animals or any other living creature, explosives, weapons or ammunition, hazardous, illegal, stolen, inflammable, explosive, chemicals, radioactive materials, biological agents, toxic waste, asbestos, environmentally harmful, perishable or that are a risk to of any person or any property (including risk of damage to the Space) or any item which emits any fumes, liquids or odour:
(e) Must maintain the Space by ensuring it is clean and in a state of good repair or a additional cleaning costs may be payable:
(f) Cannot assign this Agreement or any of its rights or obligations under this Agreement:
(g) Must inform the Owner immediately of any damage to the Space:
(h) Must receive any deliveries of Goods, unless arranged in such a manner so as to not inconvenience the other customers. Goods must not be consigned to, or left for the care of the Owner. No responsibility will be taken for type, quantity, condition or quality of Goods received:
(i) Must notify the Owner in writing of the change of address of the Storer or the “Alternative Contact Person and grants the Owner entitlement to discuss any default by the Storer of any other matter relating to this storage of the Storer’s Goods with the “Alternative Contact Person” stated in the Self Storage Agreement.
10. The Storer must not:
(a) Use the Space or do in the Space which may be a nuisance to the Owner or to the users of any other Space;
(b) Use the Space as offices or living accommodation or as a home or business address;
Spray paint or do any mechanical, or manufacturing work of any kind in the space;
(c) Allow any liquid, substance, smell or odour to escape from the Space or any noise to be audible or vibration to be felt outside the Space;
(d) Cause any damage to the Space or its facilities in which the Space is situated or to the property and possessions of the Owner or any other of the Owner’s other customers. If the Storer does cause any damage, it must (at the Owner’s option) repair, restore or replace such damage or damaged item or reimburse the Owner’s costs incurred in making necessary repairs, restoration or replacement;
(e) Cause any obstructive or undue hindrance in any passageway, stairway, service area or other part of the facility in which the Space is situated; or
(f) Attach nails, screws etc to any part of the Space or physically alter it in any way and must not damage or alter the Space without the Owner’s consent. In the event of damage to the unit, the Owner will be entitled to retain the Deposit to the value of the repairs required and if such Deposit is insufficient, the Owner shall claim the balance from the Storer.
11. The Owner:
(a) May refuse access to the Space by the Storer where moneys are owing by the Storer to the Owner, whether or not a formal demand for payment of such moneys has been made;
(b) May provide a fork lift truck or lifting table and may render a charge for this service. Storer’s using a forklift or other lifting equipment do so entirely at their own risk. The Owner will not be held liable for any damages to property or person in any way caused by the Storer’s use of such lifting equipment; and
(c) Will provide waste disposal bins throughout the complex. However, if the Storer generates a large amount of waste a charge will be made for disposal unless the Storer removes all its waste from the site in which the Space is situated.
12. The Owner reserves the right to relocate the Storer to another Space under certain circumstances. In the event that the Storer’s Goods are moved to the alternative space, this Agreement will be varied by the substitution of the alternative space number but this Agreement will otherwise continue in full force and effect.
13. The Owner shall not be liable to the Storer or be deemed to be in breach of this Agreement by reason of any delay in granting access to the Space where such delay is due to any cause beyond the Owner’s reasonable control. Without prejudice to the generality of the foregoing, stokes, lock-outs or other industrial actions or trade disputes, fire and flood shall be regarded as actions beyond the Owner’s reasonable control.
RISK AND RESPONSIBILITY
14. The Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage to and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts or omissions of the Owner or persons under its control.
15. The Storer shall take out and maintain its own policy of insurance in respect of the Goods stored in the Space. Alternatively, at the Storer’s request and with the Owner’s agreement, the Owner may extend its own insurance policy to include cover for the Storer’s Goods. The Storer acknowledges that, in the absence of such arrangement, the Owner has no policy of insurance in place in respect of the Storer’s Goods.
The Owner shall take out and maintain a contract of insurance in accordance with a Summary of Insurance document provided to You. This will provide cover for the Goods for the value stated as the full total replacement value of the Goods as new on the cover sheet. The Owner does not carry out any valuation of the Goods and is not responsible for ensuring that the full replacement value as new as stated by You in the cover sheet is an accurate or true valuation of the full replacement value as new of the Goods at any time. You are responsible for ensuring that insurance cover for the value of Goods insured is maintained at an adequate level throughout the period of this Agreement. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under the Owner’s insurance policy, after receipt from You of a written request to notify a claim, the owner will notify its insurer promptly of the claim. For the purposes of processing any such claim, You shall provide the owner, the owner’s insurer or any of its agents appointed to investigate such claim (such as a loss adjuster) with such information and evidence as may reasonably be required in relation to the claim. The Owner shall pay or arrange for payment to You that part of any proceeds of any claim made by the Owner which relates to damage or loss to the Goods after deduction of any outstanding sums due to the Owner from You. In the event that the Owner makes a claim under its insurance policy in respect of loss or damage to the Goods, You acknowledge that the Owner’s liability to make any payments to You in relation to such claim is restricted to payment to You of the amount that the Owner recovers from its insurer under its insurance policy in relation to the Goods. Whilst the Owner will notify claims to its insurer, the Owner is not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim. Nothing in this Agreement shall make or be deemed to make the Owner Your agent. If You fail to pay any insurance charges then any insurance cover in respect of the Goods will cease immediately from the date such charges are due.
16. Except in respect of death or personal injury caused by the Owner’s negligence, the Owner shall not be liable to the Storer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Owner’s, its employees or agents or otherwise) which arise out of or in connection with the supply of the storage facility, except as expressly provided in this Agreement.
17. The Goods are stored at Your sole risk and responsibility and You shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. The Owner excludes all liability in respect of (a) loss or damage to Your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Goods or any claim for return of the Storage Fees except where this results from the Owner’s negligence or breach of contract, in which case the Owner’s liability will be limited to the sum of £100 in total. The Owner does not exclude liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on the part of the Owner, its agents and/or employees.
18. Deliveries and removals from the Storer’s Space will not be permitted by any person other than the Storer unless the Storer gives personal or telephone instruction to the Owner. The Storer must identify themselves by use of password (if any) and name the person’s authorised by the Storer to enter the Space.
19. The Storer agrees to indemnify and keep indemnified the Owner from all claims for any loss of or damage to the property of, or personal injury to, the Owner or any third parties resulting from or incidental to the use of the Space by the Storer, including the storage of Goods in the Space.
20. The Storer acknowledges and agrees to comply with all relevant laws, which are or may be applicable to the use of the Space. This includes laws relating to the Goods which are stored and the manner in which the Goods are stored. The liability for any and all breach of such laws rests absolutely with the Storer (who shall hold the Owner harmless and indemnified against any such liability), and includes any and all costs resulting from such breach.
21. If the Owner has reason to believe that the Storer is not complying with all relevant laws the Owner may take any action the Owner believes to be necessary to so comply, including the action outlined in clauses 23 and/or immediately dispose of or remove the Goods at the Storer’s expense, and/or submit the Goods to the relevant authorities. The Storer agrees that the Owner may take such action at any time even though the Owner could have acted earlier.
INSPECTION AND ENTRY BY THE OWNER
22. Subject to clause 23 the Storer consents to inspection and entry of the Space by the Owner provided that the Owner gives not less than 7 days written notice.
23. In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Owner, threatened, or the Owner believes that the Space may contain prohibited items or the Owner is required to do so by the police, fire services, local authority, court order or other competent authority, the Owner may enter the Space or permit a third party to enter the Space using all necessary force (and if necessary, may break the lock to gain entry) without the written consent of the Storer, but the Owner shall notify the Storer as soon as practicable. The Storer hereby consents to such entry including any associated costs.
NOTICE
24. Notices will usually be given in writing and left at, or posted to, the address of the Storer by the Owner, in the event of not being able to contact the Storer, notice is deemed to have been given to the Storer if the Owner serves that notice on the “Alternative Contact Person”.
TERMINATION
25. Either party may terminate this Agreement by giving the other party 14 days notice, or in the event of not being able to contact the Storer, the “Alternative Contact Person”. In the event of illegal or environmentally harmful activities on the part of the Storer or breach by the Storer of this Agreement, the Owner may terminate this Agreement without prior notice. The Owner is entitled to retain a portion of the Deposit if less than the requisite notice is given by the Storer. Upon termination the Storer must remove all Goods in the Space and leave the Space in a clean condition and in a good state of repair to the satisfaction of the Owner on the date specified. The Storer must pay any outstanding moneys and any expenses on default or other moneys owed to the Owner up to the date of termination, or clause 8 may apply. Any calculation of the outstanding fees will be by the Owner and such calculation will be final. If the Owner enters the Space under clause 23 and there are no Goods stored therein, the Owner may terminate this Agreement without giving prior notice, but the Owner will send notice to the Storer in writing within 7 days. The Owner may treat any Goods remaining in the Space 7 days after termination as abandoned and may dispose of them in accordance with clause 8.
GENERAL
26. The Storer’s liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run notwithstanding any termination of this Agreement and shall survive such termination.
27. No oral statements made by the Owner or its employees shall form part of this Agreement, and no failure or delay by the Owner to exercise its rights under this Agreement will operate as a waiver of those rights. This Agreement contains the entire Agreement between the parties. No variation to this Agreement shall be binding unless agreed in writing by the Owner.
28. Except as expressly provided in this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.
29. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
30. This Agreement shall not create a tenancy.
31. All Goods accepted will become subject to lien in respect of continued non payment of the Owner’s charges.
32. This Agreement shall be governed by English Law and the parties hereby submit to the non exclusive jurisdiction of the English courts.
33. Where the Storer is two or more persons, their obligations under this Agreement shall be joint and several.