TERMS & CONDITIONS
Providers of secure containers & storage facilities.
1. In these terms and conditions, the following words have the following meanings:
Access Hours: The hours we permit access to the Unit/ Facility
This Agreement: These terms and
conditions and the information set out below
Commencement Date: The date specified on the licence agreement
Deposit: The amount specified on the licence agreement
Due Date: The date specified on the licence agreement and the corresponding date in each peri
od specified on
the licence agreement 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/ Facility at any time during this Agreement
Insurance Option: The obtaining of insur
ance for the Goods by us under Condition: 21A
Our Fees: The amount specified on the licence agreement which is inclusive of 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/ Facility is situated
Unit/Facility: The Storage Unit/ Facility specified on the licence agreement or any alternative storage unit we may
specify under Condition 11
Termination Date: The date specified on the licence agreement or the date o
f termination of this Agreement in
accordance with Condition 25 or 26
We, us, our: The storage provider named above and on the licence agreement
You, your: The customer named on the licence agreement
2. So long as Our Fees are paid up to date, we license Y
ou but no other person
2.1. to use the Unit/Facility 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/Facility at any time during the A
ccess Hours only for the purposes of depositing,
removing, substituting or inspecting the Goods and your regular inspection of the Unit/Facility for damage or
unsuitability for the Goods. No access to the Unit/Facility will be permitted for any other purpo
ses 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.
3. Only You
and persons authorised in writing or accompanied by You will be allowed to have access to the
Unit/Facility. Any such person is your agent for whose actions You are responsible and liable to us and to other
users of Units/Facilities on the Site. You may w
ithdraw any authorisation at any time but the withdrawal will not
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) a
nd 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 secur
ity of the Unit/ Facility or its contents, or other units/Facilities or their contents will be put at risk.
4. You are responsible for providing a secure padlock for the Unit/Facility and You must ensure that the
is locked so as to be secure
from unauthorised entry at all times when You are not in the Unit/Facility. We will not
responsible for locking any unlocked Unit/Facility. You should not leave your key with or permit access to your
Facility to any person other than your own agen
t 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/Facility and any such person acts as your agent only.
5. You will permit us and our agents and contractors to enter the Unit/Facility and if necessary we may break the
to gain entry:
5.1. if we give You not less than seven
days' notice so that we may inspect the Unit/Facility 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/Facility contains a
ny items described in Condition 8 or is being used
breach of Condition 9 or such entry is effected incidental to the exercise of our powers pursuant to
5.2.2. if we are required to do so by the Police, Fire Services, Local Authority or by
a Court Order;
5.2.3. for any purpose including that in Condition 5.1, if we believe it is necessary in an emergency;
5.2.4. to obtain access in accordance with Conditions 11 and 18;
5.2.5. to prevent injury or damage to persons or property; or
the purpose of ascertaining whether the Unit/Facility contains any items described in Condition 8 or if
reasonably consider that such entry is necessary to ascertain whether action needs to be taken to prevent
injury or damage to persons or property.
. You warrant that throughout this Agreement, the Goods in the Unit/Facility from time to time are your own
or that the person who owns or has an interest in them has given You irrevocable authority to store the
Goods in the Unit/Facility on the t
erms 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 (incl
uding 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
ility if in our opinion the safety of any person on the Site, or the security of the Unit/Facility or its
other Units/Facilities or their contents would be put at risk by the storage or continued storage of any such
8. You must not stor
e (and You must not allow any other person to store) any of the following in the Unit/Facility:
8.1. food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
8.2. birds, fish, animals or any other living c
8.3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
8.4. firearms, explosives, weapons or ammunition;
8.5. chemicals, radioactive materials, biological agents;
8.6. toxic waste, asbestos or oth
er 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.
9. You must not (and You must not allow any other person to)
9.1. use the Unit/Facility or do anything on the Site or in the Unit/Facility which may be a nuisance to us or the
users of any
other unit or any person on the Site;
anything on the Site or in the Unit/Facility which may invalidate any of our insurance policies or those of
Unit/Facility users or increase the premiums payable on them;
9.3. use the Unit/Facility as offices or living accommodation or as a home or b
usiness address and not use the
of the Site or the Unit/Facility for receiving or sending mail;
9.4. spray paint or do any mechanical work of any kind in the Unit/Facility;
9.5. attach anything to the internal or external surfaces of the Unit/Facil
ity or make any alteration to the
9.6. allow any liquid, substance, smell or odour to escape from the Unit/Facility or any noise to be audible or
be felt outside the Unit/Facility;
9.7. cause any damage to the Unit/Facility or a
ny other Unit/Facility or the Site or its facilities or to the property of
us or any
other Unit/Facility users or other persons on the Site and if You cause any damage You must (at our option)
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, stairway, service area
or other part of the Site and You must at all times exe
rcise courtesy to others and reasonable care for your
own safety and that of others in using these areas.
9.9. connect or provide any utilities or services to the Unit/Facility unless authorised in advance in writing by us.
10. You must (and You shall proc
ure that your agents must):
10.1. use reasonable care when on the Site or in the Unit/Facility and take all reasonable care in respect of the
Site, and the property of us or any other unit/Facility users or other persons on the Site;
.2. inform us immediately of any damage or defect to the Unit/Facility;
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/Facility
and the Site which we may issue from time
11. This Agreement shall not confer on You any right to exclusive possession of the Unit/Facility.
11.1. We may at any time by giving You
seven days' written notice require You to remove the Goods from the
Unit/Facility to another Unit/Facility specified by us which shall not be smaller than the current Unit/Facility.
11.2. We agree to pay your reasonable costs of removal which have been ap
proved in writing by us in advance
of the removal.
11.3. If You do not arrange the removal of Goods to the alternative Unit/Facility by the date specified in our
and our agents and contractors may enter the Unit/Facility 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 Condi
11.4. If the Goods are moved to an alternative Unit/Facility, this Agreement will be varied by the substitution of
alternative Unit/Facility number but shall otherwise continue in full force and effect and Our Fees at the rate set
f will continue to apply to your use of the alternative Unit/Facility.
12. You must pay us Our Fees for the minimum period of storage on signature of this Agreement and thereafter
must pay Our Fees on the Due Date.
13. We may alter Our Fees at any time by
giving You written notice and the new 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 Fees on the Due Date, You must pay us an administrative charge for late payment
ich is the larger of 20 per cent of Our Fees or £20.00.
15. Additionally, on each occasion any cheque,standing order, or debit/credit card payment
is dishonoured, at our option You must pay us an administrative charge of £25.00.
16. Additionally, You must
pay us interest on all amounts overdue for payment from You at the rate of 5%
above the base rate of NatWest 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 judgement,
and whether or not we exercise the right of sale under this Agreement.
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 le
ss any amount we may in our sole discretion deduct to
17.1. any breach of Condition 9.7;
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.
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 th
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. Subject to Condition 21A, if applicable, we are re
lieved of any duty howsoever arising in respect of the
18.2.2. the Goods are held solely at Your risk and we shall be able to immediately exercise the lien described
18.2.3. We may charge or attempt to charge any debit/credit card which h
as been assigned to previous payments
on your agreement whether or not the card is your personal, business, or a third party associated to your account
to use a third party we must receive written consent which shall also give rise to liability of future p
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 foll
owing Conditions shall apply.
18.4. You shall pay us fees and charges at the same rates as under this Agreement including a
minimum administration charge of £200.00 Plus VAT and if this Agreement has
been terminated, the relevant rate at which such fees an
d charges will be payable by You will be the rate
which was payable immediately prior to termination; and
18.5.1. to refuse You and your agents access to the Goods, the Unit/Facility and the Site;
enter the Unit/Facility and inspect and remove the Goods to another Unit/Facility or Site£200.00
Minimum Fee Plus VAT;
18.5.3. to hold onto and/or ultimately dispose of some or all of the Goods £200.00 Minimum Fee Plus VAT.
18.6. In the event that Your De
bt 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 sa
le 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
t 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 u
s 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
d 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 effo
rts, You authorise us to treat them as abandoned by You and to destroy or otherwise
dispose of them at your cost.
19. Because the nature and type of goods being stored by You from time to time is entirely within your
discretion (subject to Condition 8 and
9) You must ensure that the Unit/Facility 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
a suitable place or means of storage for any particular goods. We strongly advise You to inspect the
Unit/Facility before storing Goods in the Unit and from time to time throughout the period of this Agreement.
20. In the event that You do not pay any Fee
s or charge, the Goods are left in the Unit/Facility at your sole risk.
exclude any liability in respect of the Goods when payment of Our Fees or charges is overdue and exclude
any duty of care howsoever arising.
21. Unless Condition 21A applies we do n
ot insure the Goods.
21.1. Storage of Goods in the Unit/Facility is at your sole risk.
21.2. Subject to Condition 21.A You warrant to us as follows:
21.2.1. that prior to bringing the Goods onto the Site you have insured or will insure the Goods against al
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; and
21.2.2. that the insur
ance cover will not be for a sum which is lower than the replacement value of the Goods
stored in the Unit/Facility from time to time.
21.3. We exclude all liability in respect of loss or damage relating to Your business, if any, including
ss, 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 e
xcess on a standard household insurance
policy whether or not that policy would cover the Goods
21.4. Normal Perils in this Condition mean loss of or damage to Goods caused by fire, lightning, explosion,
earthquake, aircraft, storm, flood, bursting &/or le
aking pipes, theft accompanied by forcible and violent
entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles.
21.5. You warrant that:
21.5.1. You have written overleaf the true total value of all the Goods
21.5.2. the aggre
gate value of the Goods stored in the Unit from time to time will not exceed that value; and this
warranty is repeated by You to us at each Due Date.
21A. This Condition applies only if You have accepted the Insurance Option. In that
shall take out and maintain a contract of insurance in accordance with the [specimen] [summary of
terms] provided to you providing cover to us for the Goods and for the purposes of such insurance cover,
the replacement value of the Goods shall be the True
Total of the Value of the Goods stated at the
beginning of this Agreement.
21A.2. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such
insurance cover, we shall notify the insurer promptly of the claim and
in any event within 2 business days of
receipt from you of a written direction to notify a claim in the form attached to the [specimen / summary of
terms]. For the purposes of processing any such claim You shall provide us, the insurer or any agent of the
insurer appointed to investigate such claim with such information and existence as may reasonably be
required in relation to the claim. We will also provide to you, the insurer, or any agent of the insurer
appointed to investigate the claim, with such inf
ormation and assistance in relation to the claim as may
reasonably be required. In addition, we will send to you a copy of all correspondence with the insurer or
any agent of the insurer relating to the claim (including the notification). While we will, in
the previous provisions of this paragraph, notify claims to the insurer, we are not under any circumstances
obliged to start or threaten to start any legal proceedings in relation to any such claim [unless specifically
agreed with you in w
21A.3. In the event that we make a claim under such insurance cover in respect of damage or loss caused to the
Goods, we shall pay or arrange for payment to You that part of any proceeds of such claim made by us
which relates to such damage or los
s to the Goods after deduction of any outstanding sums due to us from
you. For the avoidance of doubt, You acknowledge that our liability in respect of any claim under such
insurance cover is restricted to the payment to You of those sums which we recover
which relate to the
21A.4. We do not give any advice concerning the insurance cover referred to in Condition 21A.1 and it is for you
make your own judgement whether such insurance is appropriate to cover the Goods and risks to them.
21A.5. If thi
s Condition 21A applies then Condition 21.2 of the Agreement shall not apply.
21A.6. Nothing in this Condition 21A shall make us Your agent.
22. We do not exclude liability for physical injury to or the death of any person and which is a direct result of
negligence or wilful default or that of our agents and/or employees.
23. 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 persons on the
Site which arise out of the use of the
Unit/Facility or the Site by You or any of your servants, agents or invitees or arise out of the breach of this
Agreement by You.
24. In the event of circumstances which are outside our reasonable control and their co
nsequences, we do not
agree and are not obliged by this Agreement to maintain the safety or security of the Goods, the Unit/Facility or
Site in order to keep the Goods free from damage or loss. Neither You nor we shall have any liability under
or be de
emed 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 disput
e 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/Fac
ility including the Unit/Facility
Site by, or arrest or seizure or confiscation of Goods by competent authorities.
25. This Agreement shall expire on the Termination Date or as described in Condition 26.
26. Either You or we may terminate this Agree
26.1. by giving not less than twenty
eight 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; 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
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.
26.3. all payments/fees due must be paid up to date by you, before notice can be
given to us
26.4. Initial agreed1st licence period must be/ have been honoured before you, may terminate this agreement,
Immediately on the Termination Date, You must remove all goods from the Unit/Facility and leave the
tidy and in the same
27. Condition as at the Commencement Date. If You do not do so, You shall pay our costs of cleaning the
or disposing of any goods or rubbish left in the Unit/Facility or on the Site. In default of Prompt Payment of our
ees 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/Facility after
the Termination Date as abandoned and
may dispose of them in accordance with Condition 18.6 and 18.8.
28. Where this Agreement has terminated and You have paid more of Our Fees and charges than are due at
the Termination Date no refund shall be given, if there is any refund due arising from a
balance were a Deposit has been paid under Condition 17. No interest will accrue on any money held by us for
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.
29. You agree to examine the Goods carefully upon removing them from the Unit/Facility and must tell us about
loss or damage to the Goods as soon as is reasonably possible after doing so.
30. Any delay by us in exercising any of our r
ights 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
31. Every provision in this Agreement is severable and distinct from every other provi
sion 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.
32. This Agreement can only be varied 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 Agreem
33. You may not assign any of your rights under this Agreement or part with possession of the Unit/Facility or
whilst they are on the Site to any other person, firm or company and a breach of this Condition is a serious
breach under Condition 26
34. 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
35. This Agreement shall be governed by English law and You and we submit to the exclusive jurisdiction of
the English courts.
36. This Agreement shall not create a tenancy or constitute us as bailees of Goods.
37. Where You are two or more persons your ob
ligations under this Agreement shall be obligations of each of
38. Any notice given under this Agreement must be in writing and may be served by personal delivery to the
person notified or its address or by pre
paid post. Your address for s
ervice of notices shall be your address
written overleaf or any other address in England 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 of
we have been previously notified by You. Any notice to us must be sent to our address set out
overleaf. A notice will be served at the time of personal delivery or forty
eight hours after it has been
placed in the post.
39. You consent to our use of the in
formation given by You, including your personal information, for marketing
and other purposes and You consent to us passing such information to other persons and companies for
them to use for marketing or other purposes.
40. Before taking any court proceed
ings 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 t
wenty business days of the notice of
the dispute. If the dispute cannot be resolved, You and we agree to use the Centre for Alternative Dispute
Solution to try to resolve the dispute amicably by using an Alternative Dispute Resolution procedure before
ng 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 thi