Woodchester Storage Limited - Terms and ConditionsClick here for printer-friendly version - opens in new window. 1. In these terms and conditions, the following words have the following meanings: You may have other rights granted to you by law in addition to those set out in these terms and conditions, which we may not exclude. These Terms and Conditions do not affect those other rights granted by law. 2. So long as our fees are paid up to date, we will allow you (but no other person)
9. You must not (and you must not allow any other person to):-
10. You must (and you will ensure that anyone authorised by you must):-
11. This agreement shall not confer on you any right to exclusive possession of the unit. We may at any time by giving you at least 14 days written notice require you to remove the goods from the unit to another unit specified by us which shall not be smaller than the current unit. If we do this then:
12. You must pay us our fees for the minimum period of storage on signature of the agreement and thereafter must pay our fees on the due date. 13. We may alter our fees at any time by giving you at least 20 days written notice and the new fees shall take effect on the first due date after this 20 day notice period. You may terminate this agreement without charge at any time before the new fees take effect. 14. No payment will have been made until we have received cleared funds. 14.1. In the event that any cheque or direct debit is dishonoured, we may charge you for any reasonable costs or losses incurred by us each time the cheque is returned or direct debit is not allowed. 14.2. If you do not pay our fees by the due date then we may charge you our reasonable costs and charges for accepting late payment. 15. All sums payable to us under the agreement will become due immediately upon termination of the agreement in accordance with condition 17 unless you have terminated this agreement due to our negligence. 16. You must pay the deposit on your signature of this agreement. The deposit will be returned to you (without interest) no more than 21 days after this agreement terminates less any reasonable amount we may in our sole discretion deduct to cover:
17.1. If any sum payable under the agreement is still outstanding one month after the service of written notice from us requiring you to pay all outstanding amounts in full, we may in our absolute discretion: 17.1.1. recover possession of the unit and move your goods to the nearest alternative storage facility available for such purpose and charge you for all reasonable costs incurred by us in moving and storing your goods, together with any repeated costs if we reasonably require to move your goods at any time afterwards; 17.1.2. (if we still do not hear from you, having given you 14 days further notice,) sell some or all of your goods for the beast price reasonably available (and pass good title to them) to discharge any outstanding sums due to us and to cover the costs of sale. If the proceeds of sale are insufficient to discharge your outstanding sums due to us then you will remain responsible for the balance and we may take action to recover the outstanding amounts. We will pay you the balance, if any, still remaining: 17.1.3. Treat any goods not sold in accordance with condition 17.1.2 as abandoned and destroy or otherwise dispose of them. 18. Because the nature and type of goods being stored by you from time to time is entirely within your discretion (subject to condition 7 and 8) you must ensure that the unit is suitable for the storage of the goods that you store or intend to store in it. We cannot guarantee 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. 19. 19.1. Please note that we do not insure the goods whilst they are on site. 19.2. You confirm to us as follows: 19.2.1. That prior to bringing the goods onto the site you have taken out adequate insurance in respect of the goods under a policy which covers at least normal perils (as set out below) with a reputable insurance company and will not cause or allow that insurance cover to lapse whilst the goods or any of them remain on the site and you acknowledge that you shall be responsible for all uninsured risks including normal perils; and 19.3. Normal perils in this condition mean loss of or damage to goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting/and or leaking pipes, theft, riot, strike, civil commotion, malicious damage and impact by vehicles. 19.4. We recommend that the insurance cover that you take out is for a sum which is at least equal to the replacement value of the goods stored in the unit from time to time and may require you to provide evidence of such insurance cover prior to granting you access to the unit. 19.5. In order to give you more protection we may offer you the opportunity to benefit from an insurance policy available through us. You may apply for by completing a separate application form. 19.6. We do not give any advice concerning such insurance and it is for you to make your own judgement (with the help of your insurance broker whether such insurance is appropriate to cover the goods and risks to them. 20. We will be responsible for physical injury to or death of any person or for fraud or wilful default or that of our agents and/or employees. However: 20.1. Subject to the above, to the extent that our liability to you is not limited under clauses 20.2 - 20.5 below, our total financial responsibility to you however arising (including any claim that you may have under 20.2 - 20.5 below) will come to no more than 120% of the value of the goods as set out by you in the agreement for the storage of goods, even if the actual loss you suffer is more than that. Please note that if you would like to agree a higher limit of liability this can be arranged at an additional cost. 20.2. We will not be responsible for any loss or damage caused by us or our employees or agents in circumstances where there is no breach of legal duty or care owed to you by us or by any of our employees or agents, such loss or damage is not a reasonably foreseeable result of any such breach and any increase in loss or damage resulting from breach by you of any term of the agreement. 20.3. If you are using the unit in part or in whole for commercial purposes then, subject to condition 20 above we shall not be responsible for loss of profits (whether direct or indirect), loss of business opportunity, loss of goodwill, loss of contract nor for other economic loss (direct or indirect) arising out of a breach of the agreement. 20.4. In certain cases we may not be able to allow you access to the unit or site, or carry out some or other obligations because of something that is outside our reasonable control. This could include any natural disaster, riot, strike or lock-out, trade dispute, accident, breakdown of plant or machinery, fire, flood, electrical power failure, act of 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. If this happens then we will not be responsible for so long as the event continues for failing to allow access to your goods. We will try to minimise any effects arising from such circumstances, but if we have not managed to resolve the situation within 3 weeks you will be entitled to terminate the agreement without charge and to remove your goods at the earliest available opportunity. 20.5. For normal perils our responsibility shall be limited to £100 claim per item (which we consider standard excess on household insurance cover). 20.6. You confirm that: 20.6.1. You have agreed on the agreement the total value of all the goods; 20.6.2. The total value of the goods stored in the unit from time to time will not exceed that value unless you have agreed this in writing with us. 21. This agreement shall expire on the end date or as described in condition 23. 22. Either you or we may terminate this agreement as follows:
23. On the end date, you must remove all goods from the unit and leave the unit clean and tidy and in the same condition as at the commencement date. If you do not do so, you shall pay our reasonable costs of cleaning the unit or disposing of any goods or rubbish left in the unit or on the site. We may treat goods remaining in the unit after the end date as abandoned and may dispose of them in accordance with condition 17. 24. Where this agreement has terminated and you have paid more of our fees and charges than are due at the end 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 16. Where any payments are still outstanding from you, you must pay us in full before we will release the goods to you. 25. You agree to examine the goods carefully upon removing them form the unit and must tell us about any loss or damage to the goods as soon as is reasonably possible after doing so. 26. If any part of this agreement is found to be void or unenforceable then that part of the agreement shall be removed, but the remainder of this agreement will continue to apply. 27. This agreement is personal to you. You may not transfer this agreement to any other person, firm or company and a breach of this condition is a serious breach under condition 23.3. 28. No one other than you or us will have any rights under this agreement. 29. Any dispute or claim that either you or we bring will be decided on the basis of the laws of England and Wales alone. 30. This agreement shall not create a tenancy or lease or similar arrangement. This agreement is for a licence to store goods only. 31. Where you are two or more persons your obligations under this agreement shall be obligations of each of you separately. 32. If you need to contact us, please contact us at the address at the start of the agreement. We will contact you at the address you have given in the agreement unless you let us know in writing of a different address. |
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