The Storage Room

1

We license You to use the Storage Room in accordance with this Agreement from the Start Date until this Agreement is ended and to access the Room during the Access Hours.

2

Storage is at Your sole risk. We do not guarantee to keep Your Goods free from damage or loss nor will we indemnify You for any loss.

3

Anyone with the keys and access fob may access the Room and act as Your Agent.

4

You must ensure that the Room is locked at all times when not in sight. You may not attach any other form of locking mechanism.

5

Deliveries must bear your name and customer number. Handling charges may apply.

6

We and our agents may access the Room by any means giving as much notice as possible at our expense for inspections and to carry out maintenance, repairs and alterations.

7

We and our agents may access the Room by any means without notice at Your expense:

7.1

If we believe you may be in breach of these terms;

7.2

If the Police, Emergency services, Government Official or a Court order requires it;

7.3

To access in accordance with Condition 24.

8

You warrant that at all times the Goods in the Room are Your own property or that the person or entity who owns or has an interest in them has given You irrevocable authority to store the Goods in the Room on the terms in this Agreement. You indemnify Us against any expenses, loss or damage incurred by us through Your breach of this warranty.

9

You must satisfy yourself that the Room is suitable for storing the Goods.

Prohibited Items

10

We may refuse to permit You to store any Goods we believe pose an unacceptable security risk.

11

You must not store any of the following:

Food or perishable Goods;

Plants or creatures whether living or dead;

Combustible or flammable materials, liquids or gases;

Firearms, explosives, weapons or ammunition;

Chemicals, radioactive material, biological agents;

Toxic waste, asbestos or dangerous materials;

Toxic waste, asbestos or dangerous materials;

Illegal substances or items illegally obtained.

Use Of The Store

12

You must not (nor allow any other person to):

12.1

do anything which may be a nuisance;

12.2

do anything which may affect any of Our or Our customers insurance policies.

12.3

use the site address other than for deliveries;

12.4

cause any damage to any part of the Site;

12.5

connect any utilities or services to the Room.

13

You and Your agents must:

13.1

use reasonable care when on the Site;

13.2

inform Us promptly of any damage or defect to the Storage Room;

13.3

comply with the directions of Our employees, agents and contractors at the Site and any further regulations for the use safety and security of the Room and the Site which We may issue.

14

If We advise You that the property may be at risk You will promptly move the property at Your expense to an alternate Room. This Agreement shall continue and Our Fees will continue to apply to the new room.

14.1

If You do not arrange the prompt removal of Goods to the alternate Room, We and Our agents may do so acting as Your agent and the removal will be at Your cost and risk.

Insurance

15

Goods must be insured for their new replacement value.

16

If insurance is arranged by You then condition 19 applies or if arranged by Us for You then condition 20 applies.

17

We do not exclude liability for physical injury to or the death of any person & which is a direct result of Our negligence or wilful default or that of Our agents and/or employees.

18

You will indemnify Us against all claims, demands, liabilities, damages, costs & expenses incurred by Us or by any of Our servants, agents or other Room users or persons on the Site which arise out of the use of the Room or the Site by You or any of Your servants, agents or invitees or arise out of the breach of this Agreement by You.

Insurance Arranged By You

19

You warrant to Us that:

19.1

You will keep the Goods insured against all normal perils by a valid contract of insurance with a reputable insurance company for their new replacement value.

19.2

We are excluded from all liability in respect of loss or damage including any consequential loss & all liability in respect of loss or damage to the Goods caused by Normal Perils or 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.

19.3

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

19.4

You warrant that the total value of the Goods in the Room will not exceed the declared value. You may change the value of the Goods which will be deemed accepted once You have received confirmation in writing.

Insurance Arranged Through Us

20

We shall maintain a contract of insurance in accordance with the Summary of Insurance Policy given to You providing insurance for the Goods whilst they are locked inside the Room. The total new replacement value of all the Goods shall be the Value of the Goods stated on the Cover Page. Where You adjust the value after the date of this Agreement it shall correspond to the value covered by the Insurance charge on the most recent invoice for the current Period.

20.1

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. You shall provide Us, the insurer or any agent of the insurer with such information & assistance as may reasonably be required. We are not obliged to start or threaten to start any legal proceedings in relation to any such claim.

20.2

You are not entitled to claim if your account is in arrears at the time of the incident giving rise to the claim or thereafter.

20.3

We shall pay or arrange for payment to You of that part of any proceeds of such claim which relates to the damage or loss to the Goods less any amounts You owe to Us. Our liability in respect of any claim under such insurance cover is restricted to the payment to You of those sums which We recover from the insurer relating to Your Goods.

20.4

We do not give advice regarding the insurance cover & it is for You to make Your own judgement whether the insurance is appropriate for Your needs.

20.5

Nothing in term 20 shall make Us Your agent.

Fees

21

You must pay Us Our Fees for the agreed Period of storage on the date of this Agreement & thereafter must pay Our Fees + VAT on or before the start of each successive Period.

22

We may alter Our Fees at any time by giving You at least 4 weeks written notice. Fees may increase by up to 5% on or after each anniversary of the Start Date without notice. Changes to VAT will be applied without notice.

23

Our Fees will rise by 20% if You do not pay all charges on time as we incur additional costs & You present a credit risk.

Late Payments

24

If any payment is not made by its due date:

24.1

We may check your status with a credit reference agency.

24.2

We will charge a minimum of £10 per room per 4 weeks or part that Your account is in arrears for managing your debt. We reserve the right to charge for any additional costs we incur in managing your debt.

24.3

The Goods are held solely at Your risk & we shall have a lien over the Goods until payment of Your Debt is made in full.

24.4

We will deny You access & You permit us to inspect, remove, sell or destroy the Goods, the costs of which will be added to Your Debt.

24.5

If we intend to sell or dispose of the Goods We will give You 7 days notice to pay Your Debt & stop the sale or disposal.

24.6

We will sell or dispose of the Goods by the means we decide is suitable taking account costs of sale & disposal.

24.7

If the proceeds of sale fail to pay Your Debt including other costs incurred, You must pay any balance outstanding to Us within seven days of a written demand from Us.

24.8

If We believe the Goods cannot economically be sold, You authorise Us to immediately dispose of them at Your cost.

Ending Your Agreement

25

Either You or We may end this Agreement by giving not less than 7 days written notice to the other.

26

On or before the End Date, You must remove all Goods from the Room & leave the Room clean & damage free. If You do not do so, You shall pay Our costs of cleaning the Room or disposing of anything left in the Room or on the Site. We may treat Goods remaining on site after the End Date as abandoned.

27

You agree to examine the Goods carefully upon removing them from the Room. You must tell Us about any loss or damage to the Goods which may give rise to a claim as soon as it is discovered & before removing the Goods from the store & allow us to inspect all the Goods.

General

28

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.

29

If one or more of these Terms is or becomes invalid, illegal or unenforceable, the validity, legality & enforceability of the remaining Terms will not be affected in any way.

30

This Agreement can only be varied in writing 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 these Terms.

31

You may not assign any of Your rights under this Agreement.

32

We may assign Our rights under this agreement.

33

We may vary these Terms by giving at least 4 weeks written notice. If You do not wish to accept the proposed variation You should give notice & remove the Goods within the notice period. Your continued use of the Storage service will imply Your acceptance of any variation to this Agreement.

34

These Terms are additional to & without prejudice to all or any rights We may have at common law or otherwise.

35

You agree that this Agreement does not confer any rights on any third parties & accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.

36

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

37

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

38

Where You are two or more persons You shall be jointly & severally liable for Your obligations under this Agreement.

39

Any notice given under this Agreement must be in writing & may be served by personal delivery, by prepaid post or by email. Your address for service of notices shall be the address We reasonably believe to be Your current address.

Notice to end your storage contract should be sent by email to the store you are using. Any other notice to Us must be sent by email to [email protected] or by post to Storagebase, 1 Cornbrash, Commerce Park, Frome, BA11 2FP. A notice will be served at the time of personal delivery or 2 working days after it has been placed in the post or sent by email.

40

We will store & use Your data in accordance with the General Data Protection Regulations. See storagebase.com/privacy.

41

Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings & those in respect of non payment of fees), the complaining party shall inform the other person in writing of the dispute in as much detail as possible.

You & We agree to try informal conciliation within twenty business days of the notice of the dispute, the costs of which (if any) will be shared equally. If the dispute is not resolved 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.

42

Interest at 8% per year over Bank of England base rate will be paid by You on all debts incurred by You in respect of this agreement until Your debt & interest is paid in full.

43

Despite our best efforts mistakes and misunderstandings can happen. If You are in any way dissatisfied please contact us so that we may have a chance to put things right.

44

If there is any matter that our store staff are unable to resolve for you please contact [email protected]

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