1(A).The Customer shall produce two suitable documents to prove identity (One of which must be photo ID) e.g. passport, Driving license, telephone or recent utility bill.
All the terms and the contract between the Company and the Customer are set out in the Storage agreement and in these conditions. All other terms conditions and warranties guarantees undertakings or representations whether express or implied by statute (insofar as such statute permit) common law or otherwise or arising from conduct or a previous course of dealing or trade custom or usage or agreed or offered orally or in any correspondence or otherwise are hereby excluded from the storage agreement. No variation of the Storage Agreement’s binding on the Company unless agreed to in writing and signed by a Director of the Company.
The Company shall upon payment of the storage charge specified in the Storage Agreement (the charge) making available to the customer the storage unit specified in the storage agreement (the unit) by the way of license only for the sole purpose of the storage of the customers goods. The company may exclude the customer from its premises and the unit if he is in breach of any of the provisions of the Storage Agreement or these conditions for so long as such breach remains un-remedied.
The Storage Agreement between the Company and the customer shall commence from the “Commencement Date” set out in the Storage Agreement and the payment by the Customer of the first Charge and shall continue until terminated pursuant to these conditions.
The Customer is required to inspect the Unit before storing any goods and inform the Company if he believes it is damaged or unsuitable for their requirements in any way. Otherwise the unit will be deemed to be suitable and in good condition at the Commencement date.
The Customer may have access to the unit at any time during the Access Hours as notified ..The Company may change the Access Hours at any time without giving any prior notice.
The Customer is responsible for final access to the unit. The company does not accept liability for unauthorized access by third parties in possession of the customers key and or with knowledge of the location of the unit .The Company may demand proof of identity from the Customer or any other person at any time, (but is not obliged to do so) and may refuse access to any person (including the customer) who is unable to provide satisfactory proof of identity.
The Company (and its servants and agents) reserve the right to enter the customers unit without the customers permission (to break the lock if necessary) and to remove all or any goods stored in the unit for the purpose of inspection cleaning and repairs to the unit or in an emergency or to establish whether such entry is required in the interests of safety or to prevent damage or injury to persons or property or to remove prohibited items or if the Company is required to do so but any public Service, Authority, Court order, or to comply with any other clause in this agreement. The Company shall not be liable for any damage caused o the goods stored in the unit as a result of such entry and removal except to the extent that this is due to negligence of the Company.
The customer warrants and covenants with the Company that he is and/or entitled in law to the possession of the goods stored in the Unit at any time or that ownership is vested in him for the purposes of entering into this agreement, such goods are not of a dangerous nature, do not have any dangerous characteristics, include or contain no dangerous substances whatsoever. specially include no substance which is explosive or flammable or radioactive or toxic nor any gas and will not contaminate or otherwise damage or affect the Company’s premises or other goods stored therein nor emit any fumes or odours nor any illegal substances or goods illegally obtained .The goods stored shall be adequately packaged and shall not be of a perishable nature or include any plant ,animal or other living creature .The Company may refuse to permit storage of any goods regardless of reason.
In this clause the word “Unit” includes the Company’s premises. The customer shall not use the unit or do or suffer to be done anything on the Company’s premises which is or may become a nuisance to the Company’s employees, agents or other customers .Do or suffer to be done anything on the Company’s premises which may render void or voidable or increase the rate of premium of any insurance carried by the company in respect of its premises or its occupiers or employees liabilities. Sub-license, transfer, assign or in any way part with the benefit of this agreement which shall be reserved to the customer .Use the unit as offices or living accommodation or as a home or business address. Spray paint or do mechanical work of any kind in the unit, attach anything to the walls ,ceiling, floors or doors of the unit or make any alteration to the unit .Cause damage to the unit or any other unit or to the property and possessions of the Company’s or any other customers. If in breach of this clause the Customer must (at the Company’s Option) repair, restoration or replace such damaged item , or reimburse the Company in making such necessary repair, restoration or replacement. Cause any obstruction or undue hindrance in any passageway, stairway, service area or other part of the premises.
The Customer shall: I) comply with all fire, safety and security precautions or instructions posted about the Company’s premises or as directed by the company manager ; II) make themselves available to receive any deliveries of goods to the unit which they shall store in such a manner so as not to inconvenience the other customers of the company; III) ensure that the unit is secure at all times when not in use; IV) at all times exercise courtesy to others in using any passageway, stairway, service area or other part of the premises; V) Inform the company immediately of any damage to the unit; VI) comply with the direction of any of the Company’s employees or agents at the premises and any further regulations for the use of the unit which the company may issue from time to time ; VII) indemnify the Company against any loss or damage arising from wilful breach of any clause in this agreement.
The agreement shall not confer upon the Customer any exclusive right or possession of the unit and the Company may upon giving seven days notice to the customer transfer or require the customer to transfer at his own expense any goods stored within the unit to another unit or unit within the Company’s premises in which event this Agreement shall apply to other such units in similar fashion to the unit originally designated for the customer provided however that any unit or units so substituted shall be of no less size than occupied by the customer prior to such move.
The customer shall on the signing of this agreement pay a deposit of £100.00 to the company which will be retained by the Company until termination of the agreement and thereafter returned to the customer without interest and less any sums deducted in respect of cleaning or repair of the unit which the company at its sole discretion decide is necessary to bring the unit up to substantially the same standard and condition as when this agreement commenced or in respect of arrears or charges or late charges or otherwise.
The four weekly charge shall be payable in respect of every four weeks or fraction of four weeks during which either there are goods stored in the unit for which the customer is responsible or during which the customer requires to use the unit (the customer shall be deemed to require the unit until 7 Days have elapsed from him giving notice to vacate the unit subject to a minimum payment equal to the appropriate charge for four weeks ).If the customer has not vacated within 7 days the notified date of departure notice will lapse and fresh notice of a new departure date must be given to comply with this clause. (B) The charge for the first four weeks of using the unit shall be due and payable on the commencement of the Agreement and the charge for each successive four weeks thereafter shall likewise become due and payable on the anniversary of the agreement in the month in respect of which it is due and payable. © The Company shall be entitled to increase the four weekly charge under the Agreement by notice in writing to the customer given at least thirty days before such increase is to take effect. (D) The Company shall be entitled to an additional sum of £10.00 or 10% of the charge (whichever the greater) for each two week period or part thereof after the storage charge shall have become due and payable and the same shall remain unpaid. Such additional charge shall be added to and treated for the purpose of this agreement as outstanding charge. (E) In the event that any cheque is dishonoured the company may make a further charge of £12.00 on each occasion that the cheque is returned. (F) In the event of any breech of this agreement which requires the Company to take remedial action, the Company may make an appropriate charge to rectify any costs or other charges involved.
If the charge or additional charge remains unpaid on the due date the Company may exclude the Customer from the premises and the unit and may break the lock on the unit and install a new lock whether or not the agreement has been terminated. If the Company exercises its right under this clause it will not affect the customer’s obligation to pay any unpaid or future charges.
If the charge for the unit or any other unit rented by the customer shall remain unpaid for more than 30 days the Company may give notice in writing to the customer of intention to proceed further via County Court proceedings, and if the customer does not within 72 hours of the date of such notice pay to the company the amount of unpaid charges and any other sums due or payable under the agreement the Company shall in its absolute discretion be entitled to dispose of such goods at Public Auction or otherwise by destroying the same . (B) The Company may at any time at its absolute discretion without giving any reason therefore give notice to the customer requiring the customer to pay all arrears or charges if any and other sums due and payable under the agreement if any and remove all goods stored in the unit from the Company’s premises and if the Customer does not pay such sums and/or remove the goods to such storage facilities it may decide at the expense and risk of the customer and within 30 days of the giving of such notice the goods shall not of been removed then the Company may give notice of its intention to dispose of the goods for sale at Public Auction or otherwise by destroying the same. © The proceeds of sale under paragraphs (A or B) of this clause shall be applied by the Company first to the unpaid charge or any other sum due or payable under the agreement and to any costs, charges and expenses incurred by the Company or in connection with the sale And the customer Shall only be entitled to claim the balance (if any) remaining thereafter. (D) Any sale under paragraphs (A or B) of this clause shall without prejudice to the Company’s right to recover from the Customer any balance outstanding and due from the customer after the proceeds of such sale have been applied in accordance with paragraph C of the clause. (E). All goods stored will be subject to lien in respect of unpaid charges.
This agreement may be terminated by either party giving not less than 7 days written notice ending on any due date and termination will take effect from the due date .Any license fees paid in advance will be refunded, subject to the company making deductions from them as if they were a deposit under condition 13. The customer may not terminate the agreement if any charges are outstanding, or if he is otherwise in breach of the Agreement the company may terminate the agreement immediately by giving the customer written notice if he is in breach of any term of this agreement.
On termination of the agreement the customer must retrieve all goods from the unit and leave the unit clean and tidy and in the same condition as the commencement date. The company may charge the customer if at its sole discretion that if it is necessary to clean the unit or dispose of any goods or rubbish left in the room or on the site. The company may treat the goods remaining in the unit after termination as abandoned and may dispose of them in accordance with condition 17.
The customer acknowledges that any goods stored in the unit remain so stored at his sole risk and expense. The customer may insure the goods in the unit against all insurable risks at full replacement value at his option.
The company shall not be liable to the customer for any loss including consequential or economic loss or damage which may be suffered by the customer as a direct fault of the performance of the agreement by the company being prevented, hindered or delayed by reason of any Act of God, force majeure not strike or lock-out trade dispute or labour disturbance ,accident, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, materials or transport or other circumstances whatsoever outside the control of the company affecting the provision by the company or the availability of the unit. Nor shall the company 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 the company on behalf of the customer or in the absence of the customer in which case the customer must make appropriate provisions with his insurers to indemnify the company against any claim arising. Any other representations, conditions warranties and other terms whether written or oral, express or implied , statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
The customer will indemnify the company and keep the company indemnified against any demand or claim made or any action or other proceeding brought against the company arising out of or in connection with any dispute as to the ownership of the goods stored in the form or as to the person entitled in law to possession thereof or the dangerous characteristics thereof or the infective or contagious nature thereof and against all and any costs charges expenses damages or loss incurred or suffered or becoming payable by the company in or in connection or as a result of any such demand claim or action or other proceedings as aforesaid. (B) The customer shall also fully and effectively indemnify and keep indemnified the company from and against all claims actions demands costs and charges whatsoever nature incurred by the company or any of its servants agents other customers arising out of or resulting from use of the unit by the customer.
Nothing in these conditions or in the agreement shall be treated as creating any tenancy, lease or any relationship of landlord and tenant between the company and the customer nor shall the company be regarded as warehouse keeper.
The company shall be entitled to send any notice bill or statement or any other document whatsoever to the customer address set out in the agreement or if any change of address shall have been notified and any notice bill or statement or other document whatsoever so sent by the company shall be deemed to have been received by the customer two days after posting by first class pre paid post or immediately if served personally.
Any delay by the company in exercising any of its rights under the agreement will not impair nor be a waiver of those rights nor will any partial exercise of any right preclude a further exercise of that right.
No variation of these terms and conditions will be effective unless expressly accepted in writing by the company and signed by one of its Directors. None of the employees or agents, which is not also a Director of the company, has any authority to vary the conditions of this agreement whether orally or in writing.
Every provision in the agreement is severable and distinct from every other provision and if at any time one or more of these provisions is or becomes invalid, illegal, unenforceable, the validity legality and enforceability of the remaining provisions will not be affected in anyway.
Where the customer is two or more persons their obligations under this agreement shall be joint and several.
All unit sizes are nominal sizes only.
The company will have the right to alter the foregoing conditions at any time and the conditions so altered shall apply to all agreements whether current at the time entered into thereafter provided always that in the case of current agreements prior notice in writing shall be given by the company to the customer not less than one month before the variation shall come into effect.
All and any goods stored in the unit are subject to general lien of the company for all sums due and payable and becoming due or payable under the agreement and any other monies due to the company from the customer.
The customer indemnifies the Company against any loss or damage arising through wilful breech of any clause of this agreement.