GENERAL TERMS AND CONDITIONS
You may have other rights granted to you 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. If you wish to obtain further information about your rights you should contact your local Citizen’s Advice Bureau.
1. So long as our fees are paid up to date, we will allow you (but only you):
- To use the unit for storage of goods in the unit in accordance with this agreement from the commencement date until the agreement is terminated;
- To have access to the unit at any time during the access hours for the purposes of depositing, removing, substituting or inspecting goods. We reserve the right
to change the access hours to other reasonable access hours, with immediate effect with no penalty if our access hours are reduced.
2. Only you and the persons authorised in writing or accompanied by you will be allowed to access the unit. You are responsible for the actions of anyone that you authorise to access the site and for anyone that you allow to accompany you on to the site. We may refuse access to any person (including you) who is unable to provide satisfactory proof of identity. We may refuse you access at any time if we consider in our reasonable discretion that the safety of any person on the site, or the sercurity of the unit or its contents, or other units or their contents will be put at risk.
3. You are responsible for providing a secure padlock for the unit and you must ensure that the unit is locked so as to secure from unauthorised entry at all times when you are not in the unit. We will not be responsible for locking any unlocked unit or for looking after your key. You should not leave your key with or permit access to any other person than someone authorised by you and subject to your control and if you do so, you do so at your own risk.
4. You will permit us and our agents and contractors to enter the unit and if necessary we may break the lock to gain entry:-
- If we give you no less than 14 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. At any time without notifying you:-
- If we reasonably believe that the unit contains any items described in condition 7 or is being used in breech of condition 8 or such entry is effected incidental to the exercise of our powers pursuant to clause 17;
- If we are required to do so by the police, fire service. Local authority or by court order;
- For any purpose including that in condition 4 (i) if we believe it is necessary in an emergency;
- To obtain access in accordance with conditions 10 and 16;
- To prevent injury or damage to persons or property; or
- For the purpose of checking whether the unit contains any items described in condition 7 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 property.
5. You confirm that throughout this agreement, the goods in the unit from time to time are your own property or that 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 duly authorised agent of any such person. You will pay any costs we incur or claims made against us if this is not true.
6. We may refuse to permit you to store any goods or require you to collect goods from the unit if in our reasonable opinion the safety of any other person on the site, or the security of the unit of its contents, or other units or their contents would be put at risk by storage or continued storage or such goods.
7. You or your representative must not store any of the following:-
- Food or perishable goods;
- Birds, fish, animals or any living creatures;
- Combustible or flammable materials such as gas, paint,petrol,oil or cleaning solvents;
- Firearms, explosives, weapons, ammunition or compressed gases;
- Chemicals, radioactive materials, biological agents;
- Toxic waste, asbestos or other materials of a potentially dangerous mature;
- Any item which emits any fumes, smells or odour;
- Any illegal substances, illegal items or goods illegally obtained.
8. You must not (and you must not allow any other person to) :-
- 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 of any person on the site;
- 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;
- Spray paint or do any mechanical work of any kind in the unit;
- Attach anything to the internal or external surfaces of the unit or make any alternations to the unit;
- 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;
- Cause any damage to the unit or any other unit or the site or its facilities or to the property of user of any other unit users or other persons on the site and if you cause damage you must reimburse the reasonable costs of making necessary repairs, restoration or replacement or make proper compensation;
- Leave anything in or obstruct or block any 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;
- Connect or provide any utilities or services to the unit unless authorised in writing by us in advance;
9. You and your representatives must:-
- Use reasonable care when on the site or in the unit and take all reasonable care in respect of the unit, site, and the property or any other unit users or other persons on the site;
- Inform us of any damage or defect to the unit as soon as you become aware of it;
- Comply with all reasonable directions of any of our employees, agents and contractors at the site and further regulations for the use of safely and security of the unit and the site which we may issue from time to time.
10. 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 fourteen days written notice require you to remove goods from the unit to another unit specified by us which shall not be
smaller than the current unit. If we do this then:-
- We agree to pay you reasonable costs of removal which have been approved in writing by us in advance of the removal.
- 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, our agents and our contractors will act on your behalf and the removal will be at your risk (except for loss or damage caused willfully or negligently by us, our agents and our contractors.
- If the goods are moved to alternative unit, this agreement will be varied by the substation of the alternative unit number but shall otherwise continue in full force and effect and our fees at the rate set out over leaf will continue to apply to your use of the alternative unit.
11. You must pay us our fees for the minimum period of storage on signature of this agreement and thereafter must pay our fees on due dates. All Fees Must Be Paid In Advance.
12. 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 your agreement without charge at any time before the new fees take effect.
13. No payment will have been made until we receive cleared funds.
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.
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. All sums payable to us under the agreement will become due immediately upon termination of the agreement in accordance with condition 16 unless you have terminated this agreement due to our negligence.
15. You must pay us 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:-
- Breach of condition 8.6;
- Any of our fees which have not been paid or any unpaid removal or other charges;
- Any other obligation to us that you have not performed.
16. If any sum payable under this agreement is not paid when due, then, in addition to any other rights we may have, we will be entitled to suspend your access rights to the unit and the site and install a new lock on the unit until the outstanding balance has been received
by us:-
- If any sum payable under this 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:-
- 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 at any time afterwards;
- (if still do not hear from you; having given you fourteen days further notice) sell some or all of your goods for the best reasonable price available ( and pass good title to them) to discharge any 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 to you the balance, if any, still remaining;
- Treat any goods not sold in accordance with the condition above as abandoned and destroy or otherwise dispose of them.
17. Because of the nature and type of goods being stored by you from time to time it is entirely within your discretion (subject to condition 6 & 7) 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 store for particular goods. We strongly advise you inspect the unity before storing goods in the unit and from time to time through out the period of this agreement.
18. Please note that we do not insure the goods whilst they are on site.
You confirm to us as follows:-
- That prior to bringing the goods onto the site you have taken out adequate insurance in respect of the goods under the policy which covers at least normal perils (as set out below) with a reputable insurance company and will not caused 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.
- Normal perils in this condition mean loss of or damage to goods caused by fire, lightening, explosion, earthquake, aircraft, storm, flood, bursting and/or leaking pipes, theft, riot, strike, civil commotion, malicious damage, and impact by vehicles.
- We recommend that the insurance cover that you take out is for the 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.
- In order to give you more protection we may offer you the opportunity to benefit from our insurance policy using a policy available through us. You may apply for this by completing a separate application form.
- We do not give any advice concerning such insurance and it is for you to use your own judgement (with help of your insurance broker) whether such insurance is appropriate to cover the goods and risks to them.
19. We will not be responsible for any loss or damage caused by us or our employees or agents in circumstances where there was is no breech of legal duty or care owed to you by us or by any of our employees or agents, such as loss or damage resulting from breech by you of any term of the agreement;
- If you are using the unit in part or in whole for commercial purposes then subject to condition 19 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 breech of the agreement);
- In certain cases we may not be able to allow you access to the unit or site, or carry out some of our other obligations because of something that is outside out reasonable control. This could include any natural disaster, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, electrical power failure, act of terrorism or environmental or health emergency or competent authorities. If this happens then we will not be responsible for long as the event continues for failure to allow access to your goods. We will try to minimise any effects arising from circumstances, but if we have not managed to resolve the situation within 3 weeks you will be entitled to terminate the agreement;
- For normal perils our responsibility shall be limited to £50.00 (which we consider standard excess on household insurance cover).
20. You will reimburse us for any reasonable damages, costs and expenses that we incur which arise out of either:-
- The use of the unit or the site by you or anyone of your representatives;
- You allow access to the unit or site;
- You will not be responsible for losses we incur which arise from our breech of this agreement ( including where our breech has put you in breech of this agreement).
21. This agreement shall expire on the end date or either you or we terminate this agreement as follows:-
- By giving at least fourteen days written notice to the other ending on the due date and termination will take effect from that due date, which shall be the end date;
- If we commit breech of this agreement, which we do not put right with in 14 days of you notifying us of it then you may immediately terminate this agreement;
- If you breech this agreement and do not put that breech right with in 14 days of us notifying you of it then we may immediately terminate this agreement.
22. 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 or any goods or rubbish left in the unit or on the site. We treat goods remaining in the unit after the end date as abandoned and may dispose of them in accordance with condition 16.
23. If any part of this agreement is found to be void or unenforceable then that part of the agreement shall be removed, but the reminder of this agreement will continue to apply.
24. This agreement is personal to you. You may not transfer this agreement, to any other person, firm or company and a breech of this condition is serious breech under condition 20 (iii).
25. No one other than you or us will have any rights under this agreement.
Any dispute or claim that either you or we bring shall be decided on the basis of the laws of Scotland.
26. This agreement shall not create a tenancy or lease or similar agreement.
27. Where there are two or more persons your obligations under this agreement shall be obligation to each of you separately.
28. Please contact on the address at the start of this agreement. We will also contact you at the address you have given in this agreement unless you let us know in writing of a different address.