1. In these terms and conditions, the following words have the following meanings: -
Your Right to Occupy
2. We permit You but no other person to use the Container in accordance with these terms and conditions from the Commencement Date until the agreement is terminated.
Inspection
3. You must inspect the Container before storing any goods and inform us if you believe it is damaged or unsuitable for your requirements in any way. If you do not do so the Container will be deemed to be suitable for you and in good condition at the commencement date.
Access to the Container
4. You may have access to the Container at any time during the Access Hours. No access to the Container will be permitted outside these hours. We may change the Access Hours at any time without giving any prior notice.
5. Only you and, any persons authorised in writing or accompanied by you, will be permitted to have access to the Container. 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 to do so) and we may refuse access to any person (including you) who is unable to provide satisfactory proof of identity.
6. You are responsible for providing a padlock for the Container and you must ensure that it is locked at all times when you are not in attendance. We will not be responsible for locking any unlocked Container.
7. You will permit us to enter the Container at any time in an emergency and otherwise if we give you not less than seven days’ notice so that we may inspect it or carry out repairs, maintenance and alterations to the Container and any other Container or part of the Site or ensure compliance with the terms and conditions for any other purpose.
8. We may enter the Container at any time without notifying you (to gain entry we may have to break the lock):
a. If we believe that the Container contains Prohibited Items or is being used in breach of these terms and conditions;
b. If we require to do so by the Police, Fire Services, Local Authority or by a Court Order;
c. If we believe it is necessary in an emergency;
d. To obtain access in accordance with the conditions of this agreement;
e. To prevent injury or damage to persons or property; or
f. If we are of the opinion that any of the above apply, for the purposes of ascertaining this.
Use of the Container and the Site
9. You warrant that the goods you are storing in the Container are your own property or the person who owns or has an interest in them has given authority to you to store them in the Container.
10. You may only use the Container for storage and not for any other purpose. You must not store (and you must not allow any other person to store) any of the following in the Container: -
a. Food or perishable goods unless securely packed so that they are protected from vermin;
b. Birds, fish, animals or any other living creatures;
c. Combustible or flammable materials or liquids such as paint, petrol, oil or cleaning solvents; d. Explosives, weapons or ammunition;
e. Chemicals, radioactive materials, biological agents;
f. Toxic waste, asbestos or other materials of a dangerous nature;
g. Any item which emits any fumes, smell or odour;
h. Any illegal substances illegal items or goods illegally obtained;
i. Compressed gases;
11. You must not (and you must not allow any other person to): -
a. Use the Container or do anything on the Site or in the Container which may be a nuisance to us or to the users of any other Container;
b. Do anything on the Site or in the Container which may invalidate any of our insurance policies (or those of other Container users) or increase the premiums;
c. Use the Container as offices or living accommodation or as a home or business address;
d. Spray paint or do any mechanical work or any kind in the Container.
e. Attach anything to the walls, ceiling, floors or doors of the Container or make any alteration to the Container;
f. 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;
g. Cause any damage to the Container or any other Container or the Site or its facilities or to the property and possessions of any of our other customers. If you cause any damage, you must (at our option) repair, restore, or replace such damage item or reimburse our costs in making necessary repairs, restoration or replacement;
h. Cause any obstructive or undue hinderance in any passageway, stairway, service area or any other part of the Site and you must at all times exercise courtesy to others in using these areas.
12. You must: -
a. Inform us immediately of any damage to the Container;
b. Comply with the directions of any of our employees or agents at the Site and any further regulations for use of the Container which we may issue from time to time.
Alternative Container
13. We may at any time by giving you seven days’ written notice require you to remove your goods from one Container to another Container specified by us. The replacement Container shall be of a similar size to the current Container.
14. Removal of your goods from the current Container to the replacement Container will be at your expense. If you do not arrange the removal of your goods to the replacement Container by the time specified in the notice, we may enter the Container and arrange for the goods to be moved. Any removal arranged by us will be at your risk (except for loss or damage caused wilfully or negligently by us or our removal agents) and the removal expenses will be payable by you and we may add them to the Rental Fees.
15. If your goods are moved to an alternative Container, this Agreement will be modified by the substitution of the replacement Container number but this Agreement will otherwise continue in full force and effect and the Rental Fees will continue to apply to the alternative Container.
Rental Fees
16. You must pay us Rental Fees for the minimum period of storage on signature of this agreement and thereafter must pay the Rental Fees on the Due Date. If you do not pay the Rental Fees on the Due Date, you will immediately become liable to pay a late payment charge equal to 10% of the Rental Fees (including any late payment or other charges) remain unpaid after the Due Date.
Increases
17. We may alter the Rental Fees at any time by giving you written notice and the new Rental Fees shall take effect on the first Due Date occurring not less than four weeks after the date of notice.
Non-Payment of Rental Fees
18. If you do not pay the Rental Fees on the Due Date or the late payment charge or either, we may exclude you from the Site and from the Container and we may break the lock on the Container and install a new lock, whether or not we have exercised our right to terminate this Agreement. Exercising our right to exclude you from the Site and the Container does not affect your obligation to pay any unpaid or future Rental Fees or late payment charges.
19. If any part of the Rental Fees or the late payment charge is still outstanding one month after the Due Date then we may: -
a. Give you written notice that we will remove all the goods in the Container if you have not paid all outstanding amounts due in full within 72 hours of the posting of that notice by us to you at your address set out in the schedule;
b. On expiry of the notice in sub-Condition 19.a, remove all the goods in the Container to any alternative storage facilities that we may decide without incurring any liability for loss or damage to the goods arising from their removal and alternative storage;
c. Charge you the full costs of removing the goods from the Container and alternative storage costs together with any repeated costs if we require to move the goods at any time afterwards;
d. Sell the goods on behalf and pass good title to them and use the proceeds of sale to discharge any outstanding Rental Fees and other charges due to us. If the proceeds of sale are insufficient to discharge your outstanding liability to us then you will remain liable for the balance and we may take action we consider necessary to recover the outstanding amounts;
e. Treat any goods not sold as abandoned and destroy or otherwise dispose of them.
Termination
20. Either you or we may terminate the Agreement by giving not less than 28 days’ written notice before any Due Date and termination will take effect from the Due Date. We will not give any refunds on advance discounted long-term rental payments, should you wish to vacate the Container before the end of the contract period.
21. You may not terminate this agreement if any Rental Fees or other charges are outstanding or if you are otherwise in breach of this Agreement.
22. We may terminate this Agreement immediately by giving you written notice if you are in breach of any term of this Agreement.
On Termination
23. On termination of this Agreement you must remove all goods from the Container and leave the Container clean and tidy and in the same condition as at the Entry Date. We may charge you if we have to repair any damage or clean the Container or dispose of any goods or rubbish left in the Container or on the Site.
24. We may treat any goods remaining in the Container after termination as abandoned and may dispose of them in accordance with Conditions 19.
Insurance
25. We do not insure your goods whilst in the Container. Storage of goods in the Container is at your own risk and you must insure them at their full replacement value.
Exclusion of Liability
26. We shall not be liable for any loss (including consequential loss or economic loss) or damage to goods stored in the Container, whether or not the loss or damage is due to any act or omission, negligence, or wilful default by us or any of our servants or agents or other customers; nor shall we be liable for any consequential or economic loss incurred by you as a result of any loss or damage to the goods. Any other representations, conditions, warranties and other terms, whether written or oral, express or implied, statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
27. The exclusion of liability in conditions 25 and 26 does not apply where the damage suffered by you is a direct result of our negligence or wilful default or that of our servants or agents and which causes physical injury to or death of any person.
Indemnity
28. You will indemnify us and hold us harmless against all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our servants, agents or other customers which arise out of the use of your Container or the Site by you or any of your servants, agents or invitees or arises out of the breach of this Agreement by you.
Notices
29. Any notice given under this agreement must be in writing and may be served by personal delivery, or by pre-paid post. Any notice to you may be sent to the address stated in the Schedule or any other address which you notify to us in writing. Any notice to you will also be sent to any owner (whether sole, joint, or co-owners) of which we have been notified by you. Any notice to us must be sent to our address in the Schedule. Notices will be deemed to be effectively served immediately if served personally or forty-eight hours after they have been placed in the post.
Force Majeure
30. We shall not be liable for any loss or damage which you may suffer as a direct or indirect result of our performance of this Agreement being prevented, hindered or delayed by reason of any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, difficulty in obtaining workmen, materials or transport, electrical power failures or other circumstances whatsoever outside our control and which affect the provision by us of access to or use the Container.
General
31. Any delay by us in exercising any of our rights under this Agreement will not impair our rights to be a waiver of those rights, nor will any partial exercise of any right preclude a further exercise of that right.
32. You may not assign any of your rights under this agreement or part with possession of the Container to any other person, form or Company.
33. No variation of these terms and conditions will be effective unless expressly accepted in writing by us and signed by a Director. None of our employees or agents who is not also a Director has any authority to vary these terms and conditions on our behalf whether orally or in writing.
34. Every provision in these terms and conditions 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.
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 lease.
37. Where the Customer is two or more persons your obligations under this Agreement shall be joint and several.
38. We reserve the right to refuse any goods regardless of reason.
39. All goods accepted will become subject to lien in respect of continued non-payment of charges.
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