Terms.

Our terms and conditions.

Right to Occupy 

   So long as Our Fees are paid up to date, we license You but no other person to use the container for the storage of Goods in the container in accordance with this Agreement from the Commencement Date until this Agreement is terminated and to have access to the container at any time during our opening Hours only for the purposes of depositing, removing, substituting or inspecting the Goods and your regular inspection of the container for damage or unsuitability for the Goods.  No access to the container will be permitted for any other purposes or outside Our opening Hours.  We will try to provide advance warning of changes in our opening Hours by notices on Site, but we reserve the right to change Opening Hours to other reasonable opening times at any time without giving any prior notice.

Access by you or your agents  

Only You and persons authorised in writing or accompanied by You will be allowed to have access to the container.  Any such person is your agent for whose actions You are responsible and liable to us and to other users of containers on 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 on the Site, or the security of the container or its contents, or other units or their contents will be put at risk.

Security 

  You are responsible for providing a secure padlock for the container and you must ensure that the container is locked so as to be secure from unauthorised entry at all times when you are not in  the container. We will not be responsible for locking any unlocked Unit.  You should not leave your key with or permit access to your container 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 container and any such person acts as your agent only.

Entry to your container by us or our agents 

 You will permit us and our agents and contractors to enter the container and if necessary we may break the lock to gain entry, if we give You not less than five days’ notice so that we may inspect the container or carry out repairs, maintenance and alterations to it or any other containers or part of the Site at any time without notifying You if we reasonably believe that the container contains any items prohibited or is being used in breach of our Conditions  or such entry is effected incidental to the exercise of our powers.

   If we are required to do so by the Police, Fire Services, Local Authority or by a Court Order;

   for any purpose to enter a container, or if we believe it is necessary in an emergency we cannot be held responsible for your goods or lock in/on your container.

Ownership

 You warrant that throughout this Agreement, the Goods in the container 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 container 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.

 Prohibited goods

  We reserve the right to refuse to permit You to store any Goods or require You to collect any Goods from the container if in our opinion the safety of any person on the Site, or the security of the container or its contents, or other containers or their contents would be put at risk by the storage or continued storage of any such Goods.  You must not store (and You must not allow any other person to store) any of the following in the containers,

  1. food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
  2. birds, fish, animals or any other living creatures;
  3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
  4. firearms, explosives, weapons or ammunition;
  5. chemicals, radioactive materials, biological agents;
  6. toxic waste, asbestos or other materials of a potentially dangerous nature;
  7. any item which emits any fumes, smell or odour;
  8. any illegal substances, illegal items or goods illegally obtained;
  9. compressed gases.
  10. multiple fridge / freezers (unless approved by a member of staff in wrighting)
  11. any vehicle tyres (unless approved by a member of staff in wrighting)

Use of the containers and site 

 You must not (and You must not allow any other person to):-

  use the containers or do anything on the Site or in the container which may be a nuisance to us or the users of any other container or any person on the Site;

  do anything on the Site or in the Unit which may invalidate any of our insurance policies or those of other unit users or increase the premiums payable on them;

  use the container as offices or living accommodation or as a home or business address and not use the address of the Site or the container for receiving or sending mail;

  spray paint or do any mechanical work of any kind in the container;

  attach anything to the internal or external surfaces of the container or make any alteration to the container;

  allow any liquid, substance, smell or odour to escape from the container or any noise to be audible or vibration to be felt outside the container;

  cause any damage to the container or any other container or the Site or its facilities or to the property of us or any other container users or other persons on 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;

  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 exercise courtesy to others and reasonable care for your own safety and that of others in using these areas.

  connect or provide any utilities or services to the container unless authorised in advance in writing by us.

   You must (and You shall procure that your agents must):-

  use reasonable care when on the Site or in the container and take all reasonable care in respect of the container, the Site, and the property of us or any other container users or other persons on the Site;

  inform us immediately of any damage or defect to the container;

 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 container and the Site which we may issue from time to time.

  This Agreement shall not confer on You any right to exclusive possession of the containers.

  We may at any time by giving You five days’ written notice require You to remove the Goods from the container to another container / containers specified by us which shall not be smaller than  the current container

  The cost of removal will be at the customer’s expense.

  If You do not arrange the removal of Goods to the alternative container by the date specified in our notice, we and our agents and contractors may enter the container 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).

  If the Goods are moved to an alternative container, this Agreement may be varied by the substitution of the alternative container number but shall otherwise continue in full force and effect and Our Fees at the current published rate will continue to apply to your use of the alternative container.

Non payment of fees 

 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 is of the essence of this Agreement.

  The terms of this Condition are additional to and without prejudice to all or any rights we may have at common law or otherwise.

  In default of Prompt Payment of Your Debt,  if applicable, we are relieved of any duty howsoever arising in respect of the Goods; and  

  the Goods are held solely at Your risk and we shall be able to immediately exercise the lien described below.

  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 following Conditions shall apply.

  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

  In default of Prompt Payment of Your Debt, You authorise us;-

  to refuse You and your agents access to the Goods, the container and the Site;

  to enter the container and inspect and remove the Goods to another container or Site;

to hold onto and/or ultimately dispose of some or all of the Goods.

   In the event that Your Debt 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,  sell the Goods and pass all ownership to them and use the proceeds of sale 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.

   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.

 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 us 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 notice) and directing You to pay and that in default of payment within one month 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.

   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.

  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.  

Suitability 

   Because the nature and type of goods being stored by You from time to time is entirely within your discretion You must ensure that the container 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 container allocated to You is  a suitable place or means of storage for any particular goods.  We strongly advise You to inspect the container before storing Goods in the container and from time to time throughout the period of this Agreement.

  In the event that You do not pay any Fees or charge, the Goods are left in the containers at your sole risk.  We 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.

Self Insurance  

    We do not insure your Goods it is up to the person named on the contact to insure the items if you see fit to insure.

   Storage of Goods in the container is at your sole risk.

  You should as follows:- make sure that prior to bringing the Goods onto the Site you have insured or will insure the Goods against all normal 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

  that the insurance cover will not be for a sum which is lower than the replacement value of the Goods stored in the container from time to time.

  We exclude all liability in respect of loss or damage relating to Your business, if any, including consequential loss, 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 excess on a standard household insurance policy whether or not that policy would cover the Goods

  Normal Perils in this Condition mean loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting &/or leaking pipes, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles.

   You warrant that:

  You have stated in writing to us the true total value of all the Goods

the aggregate value of the Goods stored in the container from time to time will not exceed that value; and this warranty is repeated by You to us at each Due Date.

Exclusion of Liability 

     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.

     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 container users or persons on the Site which arise out of the use of the container or the Site by You or any of your servants, agents or invitees or arise out of the breach of this Agreement by You.

Termination 

    This Agreement shall expire on the Termination Date or either You or we may terminate this Agreement by giving not less than fourteen days’ written notice to the other; or

    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 Fees and other charges due to us under this Agreement.  The Termination Date shall be 14 days after the date the notice is effectively served on you.

     Immediately on the Termination Date, You must remove all goods from the container and leave the container clean and tidy and in the same condition as at the Commencement Date.  If You do not do so, You shall pay our costs of cleaning the container or disposing of any goods or rubbish left in the container or on the Site. In default of Prompt Payment of our 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 container after the Termination Date as abandoned and may dispose of them.

     Where this Agreement has terminated and You have paid more of Our Fees and charges than are due at the Termination Date, we will refund the balance to You after deduction of any payments due to us as if the balance were a Deposit   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.

Loss or damage 

You agree to examine the Goods carefully upon removing them from the container and must tell us about any loss or damage to the Goods as soon as is reasonably possible after doing so.

General 

     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

     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.

     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 Agreement.

     You may not assign any of your rights under this Agreement or part with possession of the containers or Goods whilst they are on the Site to any other person, firm or company and a breach of this Condition is a serious breach.

     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.

     This Agreement shall be governed by English law and You and we submit to the exclusive jurisdiction of the English courts.

     This Agreement shall not create a tenancy or constitute us as bailees of Goods.

     Where You are two or more persons your obligations under this Agreement shall be obligations of each of you separately.

     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 service 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 whom 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.

     You consent to our use of the information 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.

    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 twenty 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 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.