Terms & Conditions of a Licence to Store Goods
1. In these Terms & Conditions, the following words have the following
Access Hours The hours We permit access to the Container;
This Agreement These terms & conditions and the information set in the Licence Agreement;
Business Day A day other than Saturday, Sunday or a day on which
banks are authorised to close in London;
Start Date The date specified in the Licence Agreement
Deposit The amount specified in the Licence Agreement (if
any) which will be held by Us, as security for Your
performance of obligations under this Agreement;
Due Date The start date specified in the Licence Agreement
and the corresponding date in each period specified
in the Licence Agreement or the previous Business
Day if the Due Date falls on a Saturday, Sunday or
The Goods Anything You store in the Container at any time
during this Agreement;
Our Fees The amount specified in the Licence Agreement that
Prompt Payment In respect of payment of each and every sum due
under this Agreement, payment on the Due Date or
if the Due Date is not a Business Day, then on the
next Business Day following the Due Date;
Site The premises on which the Container is situated;
Termination Date The End Date specified in the Storage Licence
Agreement or the date of termination of this
Agreement in accordance with Condition 26;
Container The storage container specified in the Licence
Agreement or any alternative storage Container we
may specify under Condition 11;
We, Us, Our The storage provider named in the Licence
You, Your The customer named in the Licence Agreement.
Conditions of Agreement
2. So long as Our Fees are paid up to date, We licence You but not other person: -
2.1. to use the Container for the storage of Goods in the Container in
accordance with this Agreement from the Start Date until this Agreement is
2.2. to have access to the Container 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 Container for damage or unsuitability for
the Goods. No access to the Container will be permitted for any other
purposes or outside Access Hours. We will try to provide advance warning of
changes in Access Hours by notices on Site, but we reserve the right to change
Access Hours to other reasonable access times at any time without giving any
3. 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 Containers or their contents
will be put at risk.
4. You are responsible for providing a secure padlock for the Container (unless
we provide one as part of the rental agreement, in which case the key
number will be recorded on the licence agreement and will be required to be
returned at the end of the agreement) 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 Container. 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
5. You will permit Us and our agents and contractors to enter the Container
and if necessary we may break the lock to gain entry:-
5.1. if we give You not less than seven days' notice so that we may inspect the
Container or carry out repairs, maintenance and alterations to it or any other
Container or part of the Site;
5.2. at any time without notifying You:-
5.2.1. if we reasonably believe that the Container 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
5.2.2. if We are required to do so by the Police, Fire Services, Local Authority
or by a Court Order;
5.2.3. for any purpose including that in Condition 5.1, if we believe it is
necessary in an emergency;
5.2.4. to obtain access in accordance with Conditions 11 and 18;
5.2.5. to prevent injury or damage to persons or property; or
5.2.6. for the purpose of ascertaining whether the Container contains any
items described in Condition 8 or if we reasonably consider that such entry is
necessary to ascertain whether action needs to be taken to prevent injury or
damage to persons or property.
6. 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.
7. 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.
8. You must not store (and You must not allow any other person to store) any
of the following in the Container:-
8.1. food or perishable goods;
8.2. birds, fish, animals or any other living creatures;
8.3. combustible or flammable materials or liquids such as gas, paint, petrol,
oil or cleaning solvents;
8.4. firearms, explosives, weapons or ammunition;
8.5. chemicals, radioactive materials, biological agents;
8.6. toxic waste, asbestos or other materials of a potentially dangerous
8.7. any item which emits any fumes, smell or odour;
8.8. any illegal substances, illegal items or goods illegally obtained;
8.9. compressed gases.
9. You must not (and You must not allow any other person to):-
9.1. use the Container 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
9.2. 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 payable on them;
9.3. 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;
9.4. spray paint or do any mechanical work of any kind in the Container;
9.5. attach anything to the internal or external surfaces of the Container or
make any alteration to the Container;
9.6. 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;
9.7. 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
9.8. 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.
9.9. connect or provide any utilities or services to the Container unless
authorised in advance in writing by us.
10. You must (and You shall procure that your agents must):-
10.1. 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;
10.2. inform Us immediately of any damage or defect to the Container;
10.3. 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 Container and the Site which We may issue from time to time.
11. This Agreement shall not confer on You any right to exclusive possession
of the Container.
11.1. We may at any time by giving You seven days' written notice require You
to remove the Goods from the Container to another Container specified by Us
which shall not be smaller than the current Container.
11.2. We agree to pay Your reasonable costs of removal to the alternative
Container which have been approved in writing by Us in advance of the
11.3. 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, subject to the aggregate limit of Our liability contained in
11.4. If the Goods are moved to an alternative Container, this Agreement will be varied by the substitution of the alternative Container number but shall otherwise continue in full force and effect and Our Fees at the rate set out in the Licence Agreement will continue to apply to Your use of the alternative Container.
12. You must pay us Our Fees for the minimum period of storage on signature of this Agreement and thereafter must pay Our Fees on the Due Date.
13. We may alter Our Fees at any time by giving You written notice and the Fees shall take effect on the first Due Date occurring not less than four weeks after the date of Our notice.
14. If You do not pay Our Fees on the Due Date, You must pay Us an administrative charge for late payment which is the larger of 10 per cent of Our Fees or £20.
15. Additionally, on each occasion any cheque is dishonoured, at Our option
You must pay Us an administrative charge of £12.
16. Additionally, You must pay Us interest on all amounts overdue for
payment from You at the rate of 5% above the base rate of Natwest Bank PLC,
calculated from the date when payment becomes due up to and including the
date of actual payment including all accrued interest, whether before or after
judgment, and whether or not We exercise the right of sale under this
17. You must pay Us the Deposit on Your signature of this Agreement. 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 9.7;
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.
18. 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 (in this Condition,
called "Your Debt") is of the essence of 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
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 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.
18.4. 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;
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 Container and
18.5.2. to enter the Container and inspect and remove the Goods to another
Container or Site;
18.5.3. to hold onto and/or ultimately dispose of some or all of the Goods.
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
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 registered
or recorded delivery post at Your address in the Licence Agreement 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 fourteen 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(s) reasonably available to
achieve the best selling price reasonably obtainable in the open market,
taking into account the costs of sale.
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.
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 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.
20. In the event that You do not pay any Fees or charge, the Goods are left in
the Container 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.
21. We do not insure the Goods.
21.1. Storage of Goods in the Container is at Your sole risk.
21.2. 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
21.3. 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 or vandalism, and impact by
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
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.
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 Container 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 Container including the Container or the Site by, or arrest or seizure
or confiscation of Goods by competent authorities.
25. This Agreement shall expire on the Termination Date or as described in
26. Either You or We may terminate this Agreement:-
26.1 by giving not less than fourteen days' written notice to the other ending
on any Due Date and termination will take effect from that Due Date, which
shall be the Termination Date; 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 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 the date the notice is effectively served on You in accordance
with Condition 38.
27. 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 in accordance with Condition
18.6 and 18.8.
28. 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 under Condition 17. 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.
29. 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 upon
removal of the goods or in any event within 2 days.
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
33. You may not assign any of Your rights under this Agreement or part with
possession of the Container 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. 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.
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 tenancy or constitute Us as bailees of
37. Where You are two or more persons your obligations under this
Agreement shall be obligations of each of you separately.
38. 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 in
the Licence Agreement 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 in the Licence Agreement. A notice will be served at the time
of personal delivery or forty-eight hours after it has been placed in the post.
39. You consent to Our use of the information given by You, including Your
personal information, for Our own record-keeping and account management,
marketing and to improve Our products and services and You consent to Us
passing such information to other persons and companies for them to assist
in the above processes. We will not sell or lease Your information to third
parties unless we have Your permission or are required by law to do so.
40. 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.
41. This agreement is the entire agreement between the parties and
supersedes and replaces any previous agreements.