Terms & Conditions of Storage

When you move into storage you will be asked to sign a contract detailing your storage room, the charges and their frequency.

You will need to declare the value of the property being stored together with whether you will use insurance provided by us or show proof of your own insurance.

The terms and conditions below explain the detail of your Storage Agreement with us.

The main points that affect every customer are summarised on the front page of the Storage Agreement you will sign in store.

If you have any questions please ask!

Definitions

1 In these terms and conditions, the following words have the following meanings:

Access Hours: The hours we permit access to the Unit

This Agreement: These terms and conditions and the information set out on the cover page.

Start Date: The date specified on the Cover Page

Cover Page: The page signed by You and Us detailing the specifics of the Agreement.

Deposit: The amount specified on the Cover Page

Due Date: The date specified on the Cover Page and the corresponding date in each period specified on the Cover Page 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 at any time during this Agreement

Insurance Option: The obtaining of insurance for the Goods by us under Condition 21A

Our Fees: The amount specified on the Cover Page which does not include VAT, which shall also be paid by you where it is or becomes applicable.

Period: The length of time between Due Dates.

Prompt Payment: In respect of payment of each and every sum due under this Agreement, payment before the end of business hours on the Due Date, 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 is situated

Termination Date: The date specified on the Cover Page or the date of termination of this Agreement in accordance with Condition 25 or 26

Unit: The storage unit specified on the Cover Page or any alternative storage unit we may specify under Condition 12.

We, us, our: The company named on the Cover Page

You, your: The customer named on the Cover Page

Right to Use

2 So long as our Fees are paid up to date, we license You but no other person

2.1 to use the Unit for the storage of Goods In the Unit in accordance with this Agreement from the Start Date until this Agreement is terminated, and

2.2 to have access to the Unit at any time during the Access Hours only for the purposes of depositing, removing, substituting or inspecting the Goods and your regular inspection of the Unit for damage or unsuitability for the Goods. No access to the Unit will be permitted for any other purposes or outside Access Hours. We will try to provide advance warning of changes in Access Hours on site and via the website, but we reserve the right to change Access Hours to other access times at any time without giving any prior notice. Unforeseen circumstances may lead to no access being available at certain times.

Access by you or your agents

3 Only You and persons you give the unit keys to and persons authorised by you in writing will be permitted to access the Unit. Any such person is your agent for whose actions You are responsible and liable to us and to other users of units on the Site. 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 Unit or its contents, or other units or their contents will be put at risk.

Security

4 You are responsible for providing a secure lock for the Unit and You must ensure that the Unit is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. You must only secure the unit by attaching your lock to the locking mechanism provided. You may not modify the locking mechanism or attach any other form of lock.

4.1 We will not be responsible for locking any unlocked Unit. You should not leave your key with or permit access to your Unit 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 Unit and any such person acts as your agent only.

Deliveries and collections

5 If you require us to accept deliveries or hold goods for collection on your behalf you will not hold the company or its employees liable for any loss or shortages there from.

Access by us or our agents

6 You will permit us and our agents and contractors to enter the Unit and if necessary we may break the lock to gain entry:-

6.1 if We give You not less than seven days' notice so that we may inspect the Unit or carry out repairs, maintenance and alterations to it or any other unit or part of the Site;

6.2 at any time without notifying You:-

6.2.1 if we reasonably believe that the Unit contains any items described in Condition 8 or is being used in breach of Condition 9 or such entry is effected incidental to the exercise of our powers pursuant to Condition 18;

6.2.2 if we are required to do so by the Police, Fire Services, Local Authority or by a Court Order:

6.2.3 for any purpose including that in Condition 6.1, if we believe it is necessary in an emergency;

6.2.4 to obtain access in accordance with Condition 18;

6.2.5 to prevent injury or damage to persons or property.

Ownership

7 You warrant that throughout this Agreement, the Goods in the Unit 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 Unit 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

8 We reserve the right to refuse to permit You to store any Goods or require You to collect any Goods from the Unit if in our opinion the safety of any person on the Site, or the security of the Unit or its contents, or other units or their contents would be at risk by the storage or continued storage of any such Goods.

9 You must not store (and You must not allow any other person to store) any of the following in the Unit:-

9.1 food or perishable Goods unless securely packed so that they are protected from and do not attract vermin;

9.2 Any plants or creatures whether living or dead.

9.3 combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;

9.4 firearms, explosives, weapons or ammunition;

9.5 chemicals, radioactive materials, biological agents;

9.6 toxic waste, asbestos or other materials of a potentially dangerous nature;

9.7 any item which emits any fumes, smell or odour;

9.8 any illegal substances, illegal items or goods illegally obtained;

9.9 compressed gases.

Use of the unit and site

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

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

10.2 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;

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

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

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

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

10.7 cause any damage to the Unit or any other unit or the Site or its facilities or to the property of us or any other unit 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;

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

10.9 connect or provide any utilities or services to the Unit..

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

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

11.2 inform us immediately of any damage or defect to the Unit;

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

12 If we advise you that the property may be at risk in the unit that has been provided you will promptly move the property at your expense to an alternate unit in order to minimize the risk of damage to the property.

12.1 If You do not arrange the removal of Goods to the alternative unit by the date specified in our notice, we and our agents and contractors may enter the Unit 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 Condition 21).

12.2 If the Goods are moved to an alternative unit, this Agreement will be varied by the substitution of the alternative unit number but shall otherwise continue in full form and effect and Our Fees will continue to apply to your use of the alternative unit.

Licence fees

13 You must pay us Our Fees for the agreed Period of storage on signature of this Agreement and thereafter must pay Our Fees on or before the Due Date. You must also pay any VAT that may become due on the services provided.

14 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. Fees may be increased by up to 4% on or after each successive anniversary of the Start Date without advance written notice & without prejudice to our right to alter our fees by any other amount at any time subject to providing the written notice detailed above. We are not required to give you notice of changes to the VAT element added to our fees which will be applied in line with VAT law.

15 If You do not pay Our Fees in full on or before the Due Date You will immediately become liable to pay a Debt Management Fee for each week or part thereof that any fees remain unpaid after the Due Date.

16 Additionally, on each occasion any payment is dishonoured, You must pay us an administrative charge.

Deposit

17 You must pay us a Deposit on your signature of this Agreement or at such future time as we may require a deposit from you. The Deposit will be returned to You (without interest) after this Agreement terminates less any amount we may in our sole discretion deduct to cover:-

17.1 any breach of Condition 10.7;

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.

Non payment of fees

18 The Prompt Payment of each and every sum (including interest) owing from You to us under this Agreement or any other agreement between You and us (in this Condition, called "Your Debt") is fundamental to this Agreement.

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 We are relieved of any duty howsoever arising in respect of the Goods; and

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

18.3 We have a lien over the Goods until payment of Your Debt in full has been received by us in cleared funds and after this lien becomes exercisable by us, the following Conditions shall apply:

18.4 You shall pay us fees and charges at the same rates as under this Agreement whether or not this agreement has been terminated until the Goods are no longer in our possession. Where the Goods are moved to an alternate storage space pending sale or destruction you will pay the charge corresponding to such alternate space, whether smaller or larger than the charge specified in this agreement.

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

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

18.5.2 to enter the Unit and inspect and remove the Goods to another unit or Site at Your cost;

18.5.3 to hold onto and/or ultimately dispose of some or all of the Goods at Your cost.

18.5.4 to recover from you all costs we may incur in recovering or attempting to recover your debt including charges for our own time spent in dealing with matters relating to your debt.

18.6 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, subject to Condition 18.8, 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.

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 You. Interest 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 e-mail or by post at your correspondence address as notified by You to us, specifying the amount of Your Debt at the date of the notice (Your Debt will continue to increase after the date of the notice in accordance with Condition 18.4) and directing You to pay and that in default of payment within 7 days 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 we consider reasonable to achieve the best selling price reasonably obtainable in the open market, taking into account the costs of sale & the costs of disposal of unsold items.

18.10 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

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 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 is a suitable place or means of storage for any particular goods. We strongly advise You to inspect the Unit 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 Fees or charge, the Goods are left in the Unit 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

21 Unless Condition 21A applies We do not insure the Goods.

21.1 Storage of Goods in the Unit is at Your sole risk.

21.2 Subject to Condition 21A You warrant to Us as follows:

21.2.1 that prior to bringing the Goods onto the Site you have insured 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

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

21.3 We exclude all liability in respect of loss or damage relating to Your business, if any, including consequential loss, lost profit 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.

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 leaking 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 declared on the Cover Page the true total value of all the Goods

21.5.2 The aggregate value of the Goods stored in the Unit from time to time will not exceed that value at all times whilst the Goods are in the Unit. You may notify us of an increase or decrease in the value of the Goods at any time. The revised value will be deemed accepted once you have received confirmation in writing.

Storagebase Insurance Option

21A This Condition applies only if You have accepted the Insurance Option. In that event, the following provisions of this Condition shall apply.

21A.1 We shall take out and maintain a contract of insurance in accordance with the Summary of Storagebase Self-Storage Insurance Policy provided to you providing cover to us for the Goods. For the purposes of such insurance cover, the replacement value of the Goods shall be the Value of the Goods stated on the Cover Page or where you adjust the value after the date of this Agreement it shall correspond to the value covered by the Insurance Option charge on the invoice or invoices relating to the current Period.

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. 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 assistance 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 information and assistance in relation to the claim as may reasonably be required. While we will, in accordance with 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 writing).

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 of that part of any proceeds of such claim made by us which relates to such damage or loss to the Goods. No payment will be made if your account is in arrears at any time from the time of the incident which gave rise to the claim. The proceeds of any such claim will be retained by Us as we will have already paid the premium relating to the value of the Goods on your behalf. 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 from the insurer which relate to the Goods.

21A.4 We do not give any advice concerning the insurance cover referred to in Condition 21A.1 and it is for you to make your own judgement whether such insurance is appropriate to cover the Goods and risks to them. The insurance option only provides cover for the Goods whilst they are locked inside the Unit.

21A.5 If this 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.

Exclusion of Liability

22 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.

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 or the Site by You or any of your servants, agents or invitees or arise out of the breach of this Agreement by You.

Force Majeur

24 In the event of circumstances which are outside our reasonable control and their consequences, we do not agree and are not obliged by this Agreement to maintain the safety or security of the Goods, the Unit or the Site in order to keep the Goods free from damage or loss. Neither You nor we shall have any liability under or be deemed 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 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.

Termination

25 This Agreement shall expire on the Termination Date or as described in Condition 26.

26 Either You or we may terminate this Agreement:-

26.1 by giving not less than seven days written notice to the other; 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 7 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 7 days after the date the notice is effectively served on You in accordance with Condition 38.

27 Immediately on or before the Termination Date, You must remove all goods from the Unit and leave the Unit clean and tidy and in the same condition as at the Start Date. If You do not do so, You shall pay our costs of cleaning the Unit or disposing of any goods or rubbish left in the Unit 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 Unit after the Termination Date as abandoned and may dispose of them in accordance with Conditions 18 to 18.10.

28 Where this Agreement has terminated and You have paid more of Our Fees and charges on time by direct debit 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 under Condition 17.

28.1 The value of any discounts offered in the Period in which the Termination Date falls will be deducted from any refund to you such that the actual cost to you of the time used in the period in which you vacate will be the rate exclusive of any discounts.

28.2 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 in cleared funds before we will release the Goods to You. You must pay all sums due up to and including the date when funds clear and goods can be released.

Loss or damage

29 You agree to examine the Goods carefully upon removing them from the Unit and must tell us about any loss or damage to the Goods as soon as is reasonably possible. We must be given the opportunity, if reasonably possible, to examine Goods prior to removal from the Unit. If you have accepted the insurance Option in Condition 21.A you must follow the claims procedure detailed in the insurance particulars.

General

30 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

31 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.

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 Agreement.

33 You may not assign any of your rights under this Agreement or part with possession of the Unit 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 under Condition 26.2.

34 We may assign our rights under this agreement.

35 We may vary the terms of this Agreement by giving not less than 4 weeks written notice. If you do not wish to accept the proposed variation you should give notice and remove the Goods. Your continued use of the Storage service will be deemed to imply your acceptance of any variation to this Agreement.

36 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.

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

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

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

40 Any notice given under this Agreement must be in writing and may be served by personal delivery to the person notified at its address or by pre-paid post or by e-mail. Your address for service of notices shall be your address written on the Cover Page or any other address in England or e-mail address which You have previously notified to us. 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 on the Cover Page. A notice will be served at the time of personal delivery or forty-eight hours after it has been placed in the post or sent by e-mail.

41 Unless You request otherwise in writing You consent to our use of the information given by You, including your personal information, for marketing and other purposes connected with Our business. We will never sell or share your information with third parties other than those required by this Agreement (for example Credit Reference agencies, law enforcement agencies, debt recovery agencies etc) We will send you details of the information we hold about You upon payment of an administration fee.

42 Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings and 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 and You and we agree to try informal conciliation within twenty business days of the notice of the dispute. 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.

43 Interest at 8% per annum over Bank of England base rate will be paid by you on all debts incurred by you in respect of this agreement until such time as your debt and interest is paid in full.