Storage Terms & Conditions
LESTERS PARTNERSHIP T/A SOUTHWICK STORAGE –
TERMS AND CONDITIONS APPLICABLE TO THE LICENCE AGREEMENT
- In these terms and conditions, the following words have the following meanings:
Abandonment your failure to remove all Goods from the Unit by the time this Agreement ended.
This Agreement these terms and conditions, any further conditions which we may expressly and specifically agree to in writing and the information set out in the Summary.
Alternate Contact Person the person nominated by you as an alternative contact for you when you signed this Agreement.
Commencement Date the move in date specified in the Summary
Deposit the amount paid by you at the time you booked the Unit
Due Date first day of each storage period of 28 days, or the next business day if the Due Date falls on a Saturday, Sunday or public holiday.
The Goods anything you store in the Unit at any time during this Agreement.
Late Payment is the payment of any Rental Charge later than within two working days of its Due Date, and in respect of any other sum being due under this Agreement, failure to make payment within seven days of that sum being demanded by us in writing (incl by email).
The Rental Charge is the amount specified in the Summary (which does include VAT) as it falls due under this Agreement, or any Rental Charge subsequently notified to you by us in accordance with this Agreement.
Site the premises on which the Unit is situated.
Summary the main terms set out in the agreement summary under the heading “Summary”
Unit the storage unit specified at paragraph 3 of the Summary, or any alternative storage unit pursuant to Conditions 13 and 14
We, us, our Lesters Partnership T/A Southwick Storage
You, your you, the customer, as identified at paragraph 1 of the Summary
- You have exclusive rights to the Unit in order to store the Goods in it from the Commencement Date and thereafter for the period of this Agreement, as long as all sums due under this Agreement are paid up to date.
PAYMENT OF RENTAL CHARGE, FEES AND DEPOSIT
- By each Due Date, you must pay the Rental Charge to us in advance and in full, by Direct Debit via GoCardless. This applies throughout the period of this Agreement as well as in the case of Late Payment or Abandonment of the Goods by you as per Conditions 13 and 14 below. You will receive email invoices from us for your records.
- You must inform us of any change of your or your Alternate Contact Person’s address or email address, and you agree that we are entitled to discuss anything arising from this Agreement with the ACP notified by you to us. If you change your banking details, you must set up a new direct debit to continue to comply with this condition.
- You must also pay:
(a) with regard to the Unit, a clearance fee or repair charges to be invoiced at our discretion if we need to clear the Unit on your behalf, or make good damage caused to the Unit by you;
(b) a fee for Late Payment amounting to 10% of the overall amount outstanding to us (if this exceeds £5);
(c) any actually incurred costs incurred by us in collecting Late Payments of Rental Charges or other sums, or in enforcing or carrying out this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs, sale or disposal cost, and associated legal, governmental and professional fees; and
(d) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement.
- Where you rent more than one unit from us, all respective agreements will form one account with us, and we may in our sole discretion elect to apply any payment made by or on behalf of you under this Agreement against any other sums due from you to us on that account.
- In case of Late Payment, the value of any discounts and special offers (including periods of free storage) which you have received will be payable by you in full at our discretion, and the Rental Charge will remain payable from the date that Late Payment commences until payment is made in full, or the Goods have left the Unit, or the Agreement has ended, whichever is the latest.7. The Rental Charge may increase by up to 5% once a year without notice, on or after each anniversary of the Commencement Date, and changes to VAT will be applied without notice. No other changes to the Rental Charge or other terms of this Agreement can occur unless such changes are notified to you in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of such notice. Your continued use of the Unit will be considered as acceptance of and agreement to the amended terms.
- The Deposit paid by you will be refunded to you by electronic transfer within 21 days of the end of this Agreement. We will be entitled to deduct from it any Rental Charges not paid by you, and repair, cleaning, Late Payment or other charges, cost and fees to put right any breach of this Agreement by you.
(a) are deemed to have knowledge of the Goods in the Unit; and
(b) warrant that you are the owner of the Goods in the Unit, and that you indemnify us
against any expenses, loss or damage incurred by us through your breach of this warranty.
- are not a bailee or a custodian nor a warehouseman of the Goods, and you acknowledge that we do not take possession of the Goods;
- do not have and will not be deemed to have knowledge of the Goods; and
- have a right of a lien over the Goods on Late Payment or failure to remove the Goods from the Unit when this Agreement ends.
- You must not store (or allow any other person to store) any of the following in the Unit:
(a) food or perishable goods unless securely packed so they are protected from and do not attract vermin;
(b) any living creatures;
(c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases;
(d) firearms, explosives, weapons or ammunition;
(e) chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances;
(f) any item that emits fumes or odours;
(g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); and
(h) items that are environmentally harmful or that are a risk to the property of any person.
- We may refuse to permit you to store any Goods or require you to collect any Goods if in our opinion storage of such Goods creates a risk to the safety of any person or property, and we may contact, cooperate with and/or submitting the Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at your expense.13. In addition to all other provisions of this Agreement, in case of Late Payment you are deemed to have authorised us, without further notice and until any and all amounts due under this Agreement have been paid in full, to:
(a) refuse you and your agents access to the Goods, the Unit and the Site (and we may overlock the Unit);
(b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge you for all reasonable costs of doing so on any number of occasions;
(c) apply the Deposit against any and all amounts due under this Agreement and, if insufficient to clear it in full, hold onto and/or enter the Unit and sell or dispose of the Goods regardless of their nature or value as if we were the owner, and pass all rights of ownership in the Goods to the buyer or recipient; and
(d) continue to charge Rental Charges to you from the date Late Payment commences until all amounts due under this Agreement have been paid in full or until the sale or disposal of the Goods.
14. In addition to all other provisions of this Agreement, if you fail to remove all Goods from the Unit by the time this Agreement ended, we will treat this as Abandonment of the Goods and you are deemed to have authorised us without further notice to:
(a) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge you for all reasonable costs of doing so on any number of occasions;
(b) enter the Unit and sell or dispose of the Goods regardless of their nature or value as if we were the owner, and pass all rights of ownership in the Goods to their buyer or recipient; and
(c) continue to charge Rental Charges to you between the Good’s Abandonment and the sale or disposal of the Goods.
15. In respect of any sale or disposal of your Goods by us, whether due to Late Payment or Abandonment:
(a) we may decide to sell the Goods at any price we see fit, or dispose of them in other ways than by sale, entirely at our discretion (and this includes reaching the conclusion the Goods are not saleable, are not of sufficient value to warrant the expense of attempting to sell, or us not having the resource available to arrange a sale);
(b) we will notify you by email of any sale or disposal arranged by us;
(c) you will be liable to us for the cost of removal and/or sale of the Goods, and any proceeds of a sale will be applied first against these cost and second to pay any other sums outstanding to us from you; and
(d) if sale proceeds do not discharge all of the costs, you must pay us the balance within 7 days of a written or emailed demand from us; if sale proceeds exceed the overall amount due from you to us, we will hold the balance for you but no interest will accrue on it.
- Any items left unattended in common areas or outside your Unit at any time may at our discretion be moved, sold or disposed of immediately at your cost and with no liability to us.
- You and others authorised or accompanied by you have access to your GOLD Unit 24 hours a day, 365 days a year.18. You are responsible for and liable to us and other users of the Site for your own actions and those of your agents.
19. In addition to Conditions 13 and 14 above, you authorise us and our agents and contractors to enter the Unit in the following circumstances (incl breaking the lock if reasonably necessary to gain entry):
(a) on not less than 7 days’ notice, to inspect or carry out repairs or alterations to the Unit;
(b) without prior notice, in the event of an emergency (including for repair) or to prevent injury or damage to persons or property;
(c) if we reasonably believe the Unit is being used to store prohibited goods or for a prohibited purpose;
(d) if we are obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or
(e) to relocate the Goods or exercise our lien or power of sale or disposal in accordance with this Agreement.
- We will not be liable for any loss or damages suffered by you resulting from an inability to access the Facility or the Unit, regardless of the cause.
USE OF THE UNIT
- You will be solely responsible for providing a secure padlock for the Unit and ensuring it is locked at all times when you are not in the Unit.
- You will use the Unit solely for the purpose of storage and shall not (or allow any other person to):
(a) use the Unit as offices or living accommodation or as a home, business or mailing address;
(b) use or do anything at the Site or in the Unit which may be a nuisance to us or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit);
(c) use or do anything at the Site or in the Unit which may invalidate or increase premiums under any of our insurance policies;
(d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit;
(e) connect or provide any utilities or services to the Unit; or
(f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Site.
- You must ensure the Unit is suitable for the storage of the Goods you intend to store in it, and check the Goods from time to time during the storage period. We make no warranty or representation that the Unit is suitable for any particular goods and accept no liability in this regard.
- You must keep the Unit clean and report any damage or deterioration of it to us immediately it is discovered and comply with our reasonable directions or those of our employees, agents and contractors, and any other regulations for the use, safety and security of the Site as we shall issue from time to time.
RISK AND RESPONSIBILITY
25. We do not insure the Goods and it is a condition of this Agreement that the Goods remain adequately insured at all times for their replacement value while they are in storage. You warrant that such cover is in place, that you will not allow or cause such cover to lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the replacement value.
- 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 or loss or damage to your business, if any, including consequential loss, lost profits or business interruption caused by any reason. This is except where this results from our negligence or breach of contract, in which case our liability will be limited to the sum of £100 in total. We do not exclude liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on our part.
- You will be liable for and compensate us for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by us or third parties resulting from or incidental to (a) the use by you of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Site); or (b) breach of this Agreement by you or any of your agents; or (c) enforcement of any of the terms of this Agreement.
- In respect of circumstances outside our reasonable control, we shall have no liability under this Agreement for any delay or failure in performance of our obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Site by, or arrest or seizure or confiscation of Goods by, competent authorities.
- Notices to be given by us or you must be in writing and must be sent by email or by pre-paid post. Notices shall be deemed received at one hour after sending by email or 48 hours after posting. Notices from us to you will be sent to the addresses on the Summary or the most recent address in the UK validly notified to us. In the event of not being able to contact you at the last notified address or other contact email, Notice is deemed to have been given to you if we serve that Notice on the ACP identified by you to us at the last notified address or other contact including email of the ACP. Any notice from you must be sent or emailed to us at the address on the Summary. In the event that there is more than one storer, notice to or by any single storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.
- Either party may terminate this Agreement by giving the other party 14 days’ Notice. In the event of a breach of this Agreement, the Agreement can be terminated immediately.
- You must remove all Goods in the Unit before the close of business on the date this Agreement ends, and leave the Unit in a clean condition to our satisfaction.
- We collect information about you on registration and whilst this Agreement continues, including personal data (Data). We process Data in accordance with the General Data Protection Regulation and all associated laws. We use Data to process payments, communicate with you and generally maintain your account, to comply with our legal obligations and for our legitimate business interests. If you do not pay Rental Charges when due, we may share Data with debt collection agents. We will release Data and other account details at any time if we consider in our sole discretion this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Site, (f) if we consider the security of any unit at the Site or its contents may otherwise be put at risk. Also, if we sell or buy any business or assets, we may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of our assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that we hold on them, to request that inaccurate Data is rectified, to restrict how data is used and in certain circumstances to have Data deleted. Requests for any of these should be emailed or sent to us. More details on how we use Data and your rights in relation to Data are set out in our Privacy Notice which can be viewed on our website or provided on request.
- You acknowledge and agree that :(a) the terms of this Agreement constitute the whole contract with us and, in entering this contract, you rely upon no representations, oral or otherwise, other than those contained in this Agreement; (b) you have raised all queries relevant to your decision to enter this Agreement with us and we have, prior to you entering into this Agreement, answered all such queries to your satisfaction; (c) it is not intended that anyone other than you and we will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it; (d) if any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law; (e) you may not assign or transfer any of your rights under this Agreement or part with possession of the Unit or Goods whilst they are stored in the Unit; and (f) where you consist of two or more persons each person takes on the obligations under this Agreement separately.
- This Agreement shall be governed by English Law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation.