Below you will find the terms & conditions that we work to at Vanguard Self Storage. If you have any questions please get in contact with us.
Terms and Conditions of a Licence to Store Goods
1.1. 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 in the VSS-2 form
- Deposit – the amount specified in the VSS-2 form
- Due Date – the Start Date for the first period in the VSS-2 form and the first day of each subsequent period or the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
- End Date – the date of termination of this Agreement in accordance with Condition 14.2
- The Goods – anything You store in the Unit at any time during this Agreement
- Normal Perils – physical loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft or articles dropped from them, storm, flood, bursting &/or leaking pipes, ingress of water or other liquid substances, moth, insect or vermin, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, and impact by vehicles of any kind.
- Notice Days – 7 calendar days
- Our Fees – the amount specified in Your invoice for each period based on the amount specified in the VSS-2 form plus VAT.
- Prompt Payment – In respect of payment of each and every sum due under this Agreement, payment on the Due Date or within two working days afterwards, 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
- Start Date – the date specified in the VSS-2 form
- Unit – the storage unit specified in the VSS-2 form or any alternative storage unit We may specify under Condition 8
- We, Us, Our – the storage provider named in the VSS-2 form
- You, Your – the customer named in the VSS-2 form
2. YOUR RIGHTS TO OCCUPY
2.1. Please note that all Unit sizes are approximate and We accept no responsibility for the precise accuracy. In agreeing to Our Fees You accept these apply to the Unit You use and not any Unit represented.
2.2. So long as Our Fees are paid up to date, We license You but no other person:-
2.2.1. to use the Unit for the storage of Goods in the Unit in accordance with this Agreement from the Start Date until the End Date; and
2.2.2. 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 storage of 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 by notices on Site, but We reserve the right to change Access Hours to other reasonable access times at any time without giving any prior notice.
2.3. Only You and persons authorised in writing or accompanied by You will be allowed to have access to the Unit. Ay such person is Your agent for whose actions You are responsible and liable to Us and to other users of units 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 Unit or its contents, or other units or their contents, will be put at risk.
2.4. Any special agreements such as initial promotional offers, rate changes or credit payments can only be agreed by a director of the Company or the site manager in writing. Promotional offers for initial storage are valid for a maximum three months and thereafter the standard Fees will apply.
3.1. Because the nature and type of Goods being stored by You from time to time is entirely Your choice (subject to Condition 6.1 and 7.1) 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 Agreemen (see 4.5)
4. ACCESS TO THE UNIT BY YOU AND BY THE COMPANY
4.1. 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. 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.
4.2. When You are on Site, if You observe anything that is of concern such as a stranger acting suspiciously or You have been followed/tail-gated onto the site, please report it immediately to the Site management and suitable action will be taken.
4.3. You will permit Us and Our agents and contractors to enter the Unit in the following circumstances and if necessary We may break the lock to gain entry:-
4.3.1. 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;
4.3.2. at any time without notifying You:-
a) if We reasonably believe that the Unit contains any items described in Condition 6.1 or is being used in breach of Condition 7.1;
b) if We are required to do so by the Police, Fire Services, Trading Standards, HM Revenue & Customs, Local Authority or any other government or statutory authority or by a Court Order;
c) for any purpose including that in Condition 4.3.1, if We believe it is necessary in an emergency;
d) to obtain access in accordance with Condition 8;
e) to obtain access in accordance with Our powers under Condition 10;
f) to prevent injury or damage to persons or property; or
g) for the purpose of ascertaining whether the Unit contains any items described in Condition 6.1 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.
4.4. Children under the age of 16 must be closely accompanied by their guardian at all times anywhere on the Site and may not be Authorised Persons in accordance with these Conditions. The Site is often busy with multiple activities involving heavy duty lifts, forklift trucks, trolleys and pallet trucks. To that end, children are not to run, climb onto or into any plant or equipment or ride on any of the trolleys or pallet trucks. If any child should be injured when engaged in such activity, We cannot be held responsible for any resulting claim. Furthermore, children must not be allowed to control trolleys or trucks as they can easily cause injury or damage to property, not least the walls of the unit, the glass doors, customers Goods and cars. If any claims were to occur due to the inappropriate behaviour of children in Your custody, You will be held responsible.
4.5. You must visit the Unit at regular intervals of a minimum of three months to examine the Goods and check that they are complete and in good condition. If they are not, You must immediately report the matter to Site Management and confirm in writing giving full details within 7 days. ou plan to be away in excess of 3 months, You must advise the Company, make prepayment of Fees and deposit the keys to Your Unit with the Company or your authorised person for safekeeping.
5. USE OF THE UNIT, EQUIPMENT AND THE SITE
5.1. You confirm and warrant to Us 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. If this is not correct You will be liable for and will pay to Us in full the amount of any costs, expenses, loss or damage which We incur or which We suffer as a result of claims made against Us including but not limited to any reasonably incurred legal fees and any costs or claims arising from any step or action taken by any person who owns or has an interest in the Goods.
5.2. We may 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 put at risk by the storage or continued storage of any such Goods.
6. STORAGE RESTRICTIONS
6.1. You must not store (and You must not allow any other person to store) any of the following in the Unit:-
6.1.1. food or perishable Goods unless securely packed so that they are protected from deterioration and do not attract vermin;
6.1.2. birds, fish, reptiles, animals or any other living creatures;
6.1.3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
6.1.4. firearms, explosives, fireworks, weapons or ammunition;
6.1.5. chemicals, radioactive materials, biological agents or fertilisers;
6.1.6. toxic waste, asbestos or other materials of a potentially dangerous nature;
6.1.7. any item which emits any fumes, smell or odour;
6.1.8. any illegal substances, illegal items or Goods illegally obtained, including counterfeit Goods, illicit (smuggled/counterfeit) tobacco, illicit alcohol, unlicensed medicines, unsafe Goods (including toys, electrical items, cosmetics, fireworks);
6.1.9. compressed gases.
6.1.10. engines with water coolant.
6.1.11. vehicle tyres and batteries, new or second hand.
6.1.12. deeds, share certificates, money, jewellery or other personal high value items.
7.1. You must not (and You must not allow any other person to):-
7.1.1. 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;
7.1.2. 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;
7.1.3. 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;
7.1.4. spray paint or do any mechanical work of any kind in the Unit;
7.1.5. attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit including painting any surface;
7.1.6. 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;
7.1.7. 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;
7.1.8. leave anything in or cause any obstruction or undue hindrance in any passageway, fire escape, 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. If any Goods are left in any of the common areas, We may remove and store them, the cost will be to Your account and will accrue until the Goods are collected.
7.1.9. leave any waste or refuse that is created by storing the Goods. You will be charged the reasonable costs of disposing of such waste or refuse if You fail to comply with this term; or
7.1.10. connect or provide any utilities or services to the Unit unless authorised in advance in writing by Us. If the Company agrees in writing to allow any electricity, water, telephone line or other additional facility to be supplied or connected to the Unit, You acknowledge that You shall be solely responsible for the charges connected with the provision of such facilities and, where appropriate, You shall reimburse the Company for any costs or charges which the Company incurs as a result of supply or connection to the Unit of any such facilities and for their subsequent disconnection and removal. Furthermore, You acknowledge that the Company shall have no liability to You whatsoever in respect of any damage caused to the Goods or Goods belonging to other customers, as a result of the supply or connection to the Unit of such facilities. You must be present at all times when such facilities are in use, and only use them during access hours. Should You wish to use refrigerators, test equipment or the like which has to be operated 24 hours a day, Your requirements must be discussed with the management of the Site, who will establish if there is a suitable Unit on the Site which will accommodate Your requirements and if so, at what additional cost. Should there be a power failure, We cannot be held responsible for any resulting losses.
7.2. You must (and You shall ensure that anyone authorised by You to use or access the Unit must):-
7.2.1 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;
7.2.2 inform Us of any damage or defect to the Unit immediately You become aware of it;
7.2.3 comply with the reasonable directions of any of Our employees, agents and contractors at the Site and any further regulations which We may issue from time to time; including but not limited to Our fire, security and health & safety regulations, copies of which are displayed in the reception area of the Site and on the inside of each Unit door.Further copies are available on request. You will be given advanced warning of a fire drill. When the fire alarm sounds it is important that you stop what you are doing leave the building via the nearest fire exit and assemble at the fire assembly point .
7.2.4 pay for the reasonable cost of repairs to or cleaning of or making good the Unit or the Site as a result of any damage caused by You or anyone authorised by You to access and use the Unit, including but not limited to Your removal, haulage or delivery contractors;
7.2.5 clean up or make Us aware of any spillage, rubbish or waste You cause to avoid slipping, health hazards or surface staining.
7.2.6 submit to Us an inventory of the Goods if We shall request one.
7.3. You have the right to park one vehicle on the Site during the offloading or loading of Your Goods. Vehicles, cars and their contents on Site are parked at Your/Owners risk. Vehicles may not be left on the Site if You are not present. Such vehicles left on Site will incur a daily charge. We reserve the right after twenty-eight (28) days to remove and dispose of vehicles left on Site under these circumstances, and any costs incurred in doing so must be reimbursed by You.
7.4. We supply trolleys and pallet trucks free-of-charge for Your use on the condition that such equipment is used for the movement of Goods between the loading bay and the Unit and that equipment is returned to the loading bay upon completion of the task. This equipment is not to be misused or overloaded and is used at Your risk. The maximum capacity of Our trolleys and pallet trucks are 250kg and 2,000kg respectively. The equipment is marked with the safe working load and You will be held liable for the costs of repair, if it is damaged through overloading. Should You lock such equipment in a Unit, there will be an on-going hire charge of £5 per day per trolley or pallet truck and if taken off Site, the full new purchase price of that equipment will be reimbursed by You. Should Your use of Our trolleys and pallet trucks result in damage to Company property or third party property, You will be held responsible for resulting costs.
7.5. For domestic customers We may provide free porterage to assist You to offload and reload Your Goods at the beginning and end of this Agreement. Should You require assistance to pack, unpack or stack Your Goods or remove the entire contents of the Unit or undertake any additional work that would be subject to an additional charge based on Our standard hourly rates.
7.6. Where high roller-shutter doors require a pole hook to close, there are nests of pole hooks in each passageway. When the Unit is closed, the pole hook should be returned to its nest. If they are removed from site or left in the Unit, there will be a replacement charge.
8. ALTERNATIVE UNIT
8.1. This Agreement shall not confer on You any right to exclusive possession of the Unit.
8.2. We may at any time by giving You seven 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.
8.3. We may at any time by giving You 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, in the event of a fire or flood or other incident or occurrence at the Site which in Our opinion requires the Unit or any part of the Site to be closed or sealed off.
8.4. We agree to pay Your reasonable costs of removal which have been approved in writing by Us in advance of the removal.
8.5. 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 12).
8.6. 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 force and effect and Our Fees at the rate set out in the VSS-2 form or as subsequently varied in respect of the original Unit will continue to apply to Your use of the alternative unit.
9. FEES AND VARIATIONS
9.1. You must pay Us Our Fees for the minimum period of storage on signature of this Agreement and for each successive period You must pay Our Fees on the Due Date. All sums payable to Us under the Agreement will become due immediately upon termination of the Agreement in accordance with Condition 14.2.
9.2. 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. You may terminate this Agreement without charge at any time before the new Fees take effect by giving notice in accordance with Condition 14.2.1.
9.3. 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 £10. This charge will reoccur monthly and would be applicable each month until the outstanding Fees are paid in full.
9.4. We will not accept that payment has been made until We have received cleared funds. In the event that any cheque or direct debit is dishonoured, We may charge You an administrative charge of £20.00?
9.5. Additionally, if You do not pay on time, You must pay Us interest on all amounts overdue for payment from You at the rate of 2% per calendar month compounded 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 Agreement.
9.6. You must pay Us the Deposit on Your signature of this Agreement.
9.6.1 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:-
9.6.2 any breach of Conditions 7.1 and 7.2;
9.6.3 any of Our Fees which have not been paid or any unpaid removal or other charges; or
9.6.4 any other obligation to Us that You have not performed.
9.7. We reserve the right to deduct or withhold from the Deposit an amount equal to the costs of repairs to or cleaning of the Unit or the Site which We consider is required as a direct or indirect result of the storage of the Goods within the Unit or Your breach of this Agreement, in order to bring the Unit and the Site up to substantially the same standard and condition as it was in at the Start Date.
9.8. We will refund the Deposit (or the balance of it if We have made any deductions) to You within 21 days of the End Date. Any such refund will be by Company cheque or an electronic transfer to a credit/debit card. No refunds will be given in cash.
10. CONSEQUENCES OF NON-PAYMENT
10.1. We bring to Your attention that We take the issue of Prompt Payment very seriously and have a right of lien. If any sum owing from You to Us under this Agreement or any other agreement between You and Us (in this Condition called “Your Debt”) is not paid when due, then We have the rights set out in this Condition 10.
10.2. The terms of this Condition are additional to and do not affect any and all rights We may have at common law or otherwise.
10.3. We are entitled to hold on to the Goods until Your Debt has been paid in full and received by Us in cash or by direct debit or, if by cheque, until the cheque has been paid by Your bank.
10.4. We shall be entitled to invoice You and 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.
10.5. You authorise Us;-
10.5.1 to refuse You and Your agents access to the Goods, the Unit and the Site and to install a new lock on the Unit until the outstanding amount has been recovered by Us in full;
10.5.2 to enter the Unit and inspect and remove the Goods to another unit or Site and to 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;
10.5.3 to hold onto and/or ultimately dispose of some or all of the Goods.
10.6. In the event that You do not pay any of Our Fees or charges and the Goods are left in the Unit, they may be removed and stored in an alternative location 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 how ever it may arise.
10.7. 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 10.9, sell the Goods as if We were the owners and You acknowledge that We will pass all rights of ownership in the Goods to the buyer. We will use the proceeds of sale to pay first the costs incurred by Us in the sale and removal, and second to pay Your Debt. We will hold any balance for You. Interest will not accrue to You on the balance.
10.8. 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. We may take action to recover the outstanding amounts including any legal and administration costs that are incurred.
10.9. Before We sell the Goods, We will give You notice in writing by registered or recorded delivery post at Your address on the VSS-2 form or any other address in the UK notified by You to Us in writing before We send Our notice. If You have not provided Us with an address in the UK We will try to contact You at any address You have provided which may include email. Our notice will specify 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 will direct You to pay Us. It will also specify that, if You fail to pay within one month 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.
10.10. We will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale.
10.11. 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.
11.1. We do not insure the Goods.
11.2. Storage of Goods in the Unit is at Your sole risk. However, it is a condition of this Licence that Your Goods must remain insured at all times while they are in storage and You must supply Us with evidence of taking out such insurance cover before this contract can be signed.
11.3. You warrant and confirm to Us as follows:
11.3.1 that prior to bringing the Goods onto the Site You have insured or will insure the Goods against all Normal Perils under a valid contract of insurance with a reputable insurance company for their full replacement value as new and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site; and
11.3.2 that the insurance cover will not be for a sum which is lower than the full replacement value as new of the Goods stored in the Unit from time to time.
11.3.3 You warrant and confirm to Us further that:
a) You have written on the VSS-2 form the full replacement value as new of all the Goods;
b) the aggregate value of the Goods stored in the Unit from time to time will not exceed that value; and
c) this warranty is repeated by You to Us at each Due Date.
11.4. We may offer to insure Your Goods on Our Open Cover policy as per the insurance section on the VSS-2 form .
11.5. We do not give any advice concerning the insurance cover given by any insurance policy and it is for You to make Your own judgement whether the cover provided is appropriate to cover the Goods and risks to them.
11.6. If You take Your own cover and produce evidence of this to Us, the fact that We inspect any insurance documents does not mean that We have approved the cover or confirmed that it is suitable or sufficient.
11.7. Nothing in this Condition 11 shall make or be deemed to make Us Your agent.
11.8. If You fail to pay any insurance premium then any insurance cover in respect of the Goods will cease immediately from the date such premium is due.
11.9. It is Your responsibility to advise Us of any change in the value of Goods stored in Your Unit.
12. EXCLUSION OF LIABILITY
12.1. We exclude all liability in respect of:-
12.1.1 loss or damage relating to Your business, if any, including consequential loss, lost profits or business interruption; and
12.1.2 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 £100 which We consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the Goods.
12.2. 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.
12.3. You will be liable for and will compensate Us for the full amount of all claims, demands, liabilities, damages, costs and expenses incurred by Us or by any of Our employees or 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 by any of Your employees, agents or persons You invite or authorise to access the Site or the Unit or which arise out of the breach of this Agreement by You.
13. FORCE MAJEURE
13.1. 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. In certain cases We may not be able to allow You access to the Unit or Site. We shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of Our obligations under this Agreement which results from circumstances beyond Our reasonable control. 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 failure threat of or actual terrorism or enemy action 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 failing to allow access to Your Goods for so long as the circumstances continue. We will try to minimise any effects arising from such circumstances
14.1. This Agreement shall expire on the End Date as described in Condition 14.2.
14.2. Either You or We may terminate this Agreement:-
14.2.1 by giving to the other written notice of not less than the required number of Notice Days ending on any Due Date and termination will take effect from that Due Date, which shall be the End Date; or
14.2.2 If We commit a breach of this Agreement and, if the breach can be put right We do not put it right within 14 days of You notifying Us of the breach, then You may immediately terminate this Agreement by notice in writing to Us;
14.2.3 If You commit a breach of this Agreement and, if the breach can be put right You do not put it right within 14 days of Us notifying You of the breach, then We may immediately terminate this Agreement by notice in writing to You.
14.3. Immediately 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 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. Storage charges will continue to be applied until the Unit is cleared. If You do not make 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 End Date as abandoned and may dispose of them in accordance with Conditions 10.6 to 10.11. You will also be responsible for the removal of any rubbish You create during this Agreement or following the End Date and We do not provide waste bins for Your use. If You leave rubbish on the Site or use Our bins a charge will be applied to Your account for the costs of its removal.
14.4. After vacating Your Unit, ask at the reception desk for a Unit vacate form which You should complete in order to take the Unit out of Our costing system. If You fail to do so payments may continue to be taken.
14.5. If You do not comply with any notice You give Us by removing all Goods from the Unit on the End Date then You will have to give notice again and We shall be entitled to be paid Our Fees for the period to the new End Date.
14.6. Termination will not affect either Your or Our outstanding rights or duties, including Our right to recover from You any money You owe Us under this Agreement.
14.7. 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 9.6. 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.
14.8. You agree to examine the Goods carefully at the time You remove them from the Unit and must tell Us about any loss or damage to the Goods as soon as is reasonably possible after doing so and in any event within seven (7) days.
15. RECEIVING DELIVERIES
15.1. If You have any special storage requirements due to size or weight of Your Goods then those requirements must be submitted to Us and We will agree the course of action prior to Your Goods being delivered to Site.
15.2. If You arrange for a third party to deliver Goods to Site, You must be on Site to offload and onward move the Goods into Your Unit. If You are not on Site, the Company reserves the right to refuse to accept delivery. If We agree (in Our absolute discretion) to accept any delivery of Goods on Your behalf and place in a temporary storage location, You acknowledge that We shall have no liability whatsoever for any shortfall, loss or damage, however caused, to the Goods accepted or moved by Us on Your behalf.
15.3. We reserve the right to charge You in respect of such delivery to cover Our storage and handling charges, if the We deem this appropriate.
15.4. If We agree (in Our absolute discretion) to accept any mail which is addressed to You at Your Unit, You acknowledge that We shall have no liability whatsoever if such mail is lost, stolen or damaged in any way. We reserve the right to charge You for handling mail.
15.5. You must indemnify the Company against any costs, expenses, claims, loss or damage incurred by Us as a result of any agreement to accept deliveries of Goods or mail on Your behalf.
15.6. If You arrange for heavy or abnormally large equipment to be delivered to site for storage, We are to be given 24 hours’ notice to enable Us to arrange for the necessary skilled labour, cranage or forklift truck to complete the offloading and subsequent reloading. All such work must be undertaken by Us as third party contractors or individuals are not insured to undertake such work on the Our Sites. You must advise Us of the replacement value of the incoming consignment as it must be insured for the offloading and subsequent storage.
16. MAN & VAN SERVICE
16.1. It will be Your sole responsibility to:
16.1.1 Arrange adequate insurance cover for the Goods submitted for removal transit against all insurable risks as Our liability is limited under clause 16.2.
16.1.2 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
16.1.3 Be present or represented during the collection and delivery of the removal. Our driver can assist Your team with any necessary dismantling of furniture, the packing and loading of all items. Ideally prior to the move all items of cutlery, crockery and small items should be pre-packed into cartons that can be provided by Us for an additional charge.
16.1.4 Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of Goods.
16.1.5 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
16.1.6 Arrange proper protection for Goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
16.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
16.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
16.1.9 Ensure that the Goods to be transported do not include any of the items described in Condition 6.1.
16.2. In the event of Our negligence or breach of contract resulting in loss of or damage to Your Goods, We will pay a sum equivalent to the cost of their repair or replacement up to a maximum of £40 for any one item.
16.3. For purposes of Condition 16.2 an item is defined as:
16.3.1 The entire contents of a box, parcel, package, carton or similar container; and
16.3.2 Any other object or thing that is moved or handled by Us.
16.4. Because third party contractors are frequently present at the time of collection or delivery Our liability for loss or damage is limited as follows –
16.4.1 If We cause loss or damage to premises or property other than Goods for removal as a result of Our negligence or breach of contract, Our liability shall be limited to making good the damaged area only.
16.4.2 If We cause damage as a result of moving Goods under Your express instruction, against Our advice, and where to move the Goods in the manner instructed is likely to cause damage, We shall not be liable.
16.4.3 If We are responsible for causing damage to Your premises or to property other than Goods for removal, You must inform Us as soon as practically possible and in any event within seven (7) days.
16.5. For Goods which We deliver, You must notify us in writing of any visible loss, damage or failure to produce any Goods at the time of delivery.
16.6. If You or Your agent collect the Goods, You must notify us in writing of any loss or damage at the time the Goods are handed to You.
16.7. We will not be liable for any loss of or damage to the Goods unless a claim is notified to us in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the Goods by us.
16.8. The time limit for notifying us of Your claim may be extended upon receipt of Your written request provided such request is received within seven (7) days of delivery. Consent to such request not to be unreasonably withheld.
17.1. If We decide not to exercise or enforce any right that We have against You at a particular time, then this does not prevent Us from later deciding to exercise or enforce that right unless We tell You in writing that We have waived or given up Our ability to do so.
17.2. If any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17.3. We consider this Agreement sets out the whole agreement between You and Us in relation to the grant to You by Us of a licence to use and access the Unit.
17.4. We may, at any time, modify any of the terms of this Agreement and to change or impose new or additional terms and conditions as long as such modifications and/or additional terms and conditions are notified to You 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. If You are notified of any changes and do not take any steps to terminate this Agreement, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms. You may terminate this Agreement without charge at any time before the changes take effect by giving notice in accordance with Condition 14.2.1.
17.5. This Agreement is personal to You. You may not assign or transfer 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 14.2.3.
17.6. You agree that it is not intended that anyone other than You and Us will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
17.7. This Agreement shall be governed by English law and any dispute or claim that either You or We bring will be decided on the basis of the laws of England and Wales by the Courts of England and Wales unless You request that Your local United Kingdom law or jurisdiction should apply (in which case that other relevant United Kingdom law and/or jurisdiction shall apply).
17.8. This Agreement shall not create a lease or tenancy or constitute Us as bailees of Goods.
17.9. Where You are two or more persons Your obligations under this Agreement shall be obligations of each of You separately.
17.10. Where You or We are required to give notice under this Agreement, any notice must be in writing and will only be considered to have been given to the other if it has been delivered by hand to the person notified or sent to its address or by pre-paid post. Any notice from Us to You will be sent to Your address written in the VSS-2 form 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(s) of the Goods (whether sole, joint, or co-owners) if You have previously notified Us of their name(s) and address(es). Any notice from You to Us must be sent to Our address set out in the VSS-2 form . A notice will be served at the time of personal delivery or forty-eight hours after it has been placed in the post.
17.11. We collect information about You when You register with Us and throughout the course of this Agreement. This information includes Your personal data (“Your Data”) and We process Your Data in accordance with the Data Protection Act 1998.
17.11.1 Your Data will be used for the purposes of this Agreement, processing payments, communicating with You and generally maintaining Your account with Us.
17.11.2 We may share Your Data with, and obtain information about You, from credit reference agencies or fraud prevention agencies or trade associations of which We are a member. If You apply to Us for insurance We will pass Your details on to the insurer. The information provided by You may be put onto a register of claims and shared with other insurers to prevent fraudulent claims.
17.11.3 We will release Your Data and other account details at any time if We consider in Our sole discretion that such release is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Site, or (f) if We consider the security of the Unit or its contents, or other units at the Site or their contents may be put at risk.
17.11.4 In the event that We sell or buy any business or assets, We may disclose Your Data and account details to the prospective seller or buyer of such business or assets or if We or substantially all of Our assets are acquired by a third party, Your Data and account details will be one of the transferred assets.
17.11.5 If You agree, We will use Your Data for Our marketing and other like or related purposes, including to provide You with information, products or services that You request from Us or which We feel may interest You. If You agree, We shall also pass on Your Data to selected third parties to provide You with information about Goods and services which may be of interest to You. Your choice with regard to the relevant use of Your Data is indicated in the VSS-2 form .
17.11.6 You have the right to request a copy of the information that We hold about You. If You would like a copy of some or all of Your personal information, please email or write to Us at the address set out in the VSS-2 form . We may make a small charge for this service.
17.12. Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings), the complaining party shall inform the other party 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.