Self Storage Terms & Conditions
Below you will find the terms and conditions that we work to at Vanguard Self Storage. If you have any questions please get in contact with us.
CONDITIONS OF AGREEMENT
In these terms and conditions, the following words have the following meanings:-
the hours We permit access to the Unit
Alternate Contact Person named in the VSS3 form
these terms and conditions and the information set out in the VSS3 form
the amount specified in the VSS3 form
anything You store in the Unit at any time during this Agreement
the premises on which the Unit is situated
being the amount set out in the VSS3 form or as most recently notified to You by Us
the storage unit specified in the VSS3 form or any alternative storage unit We may specify under Condition 23
We, Us, Our
the Company named in the VSS3 form
the Customer named in the VSS3 form
1. So long as all fees are paid up to date, You: (a) are licensed to store Goods in the Unit allocated to You by Us from time to time and only in that Unit; (b) are deemed to have knowledge of the Goods in the Unit; and (c) warrant that You are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
2. We: (a) do not have and will not be deemed to have knowledge of the Goods; (b) are not a bailee, custodian or warehouseman of the Goods and You acknowledge that We do not take possession of the Goods; and (c) do not grant any lease or tenancy of the Unit.
3. This Agreement will come into existence between Us and You when We notify You We have accepted the order by signing the VSS3 form. The storage period will begin on the date agreed with You during the order process and set out on the VSS3 form.
4. You must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deductions for unpaid Fees, repairs, cleaning or other charges to put right any breach of this Agreement by You) will be refunded by cheque or electronic transfer within 21 days of termination of this Agreement.
5. You are responsible to pay: (a) the Storage Fee. We will take the first payment on acceptance of Your order and will take subsequent payments in advance on the invoice date for each storage period or other date agreed with You (Due Date). It is Your responsibility to see that payment is made directly to Us on time and in full throughout the storage period. You can pay using a debit card or credit card or by direct debit, in which case the designated bank account will be charged automatically on each Due Date. We do not normally bill for fees but will issue an electronic invoice following payment. Any Storage Fees paid by direct transfer will not be credited to Your account unless You identify the payment clearly and as directed by Us and We shall have no liability to and shall be indemnified by You if We takes steps to enforce the Agreement (including the sale of Goods) due to Your failure to identify a payment. We will not accept that payment has been made until it has received cleared funds; (b) a Late Payment Fee each time a payment is late or cancelled; (c) any costs incurred by Usin collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; (d) any government taxes or charges (including any value added tax or insurance premium tax) levied on any supplies made under this Agreement; and (e) the Cleaning Fee or charges for repairs, to be invoiced at Our discretion as per Condition 21;. Where You have more than one agreement with Us, all will form one account and We may in Our sole discretion apply any payment made by You or on Your behalf on this Agreement against the oldest amount due from You to Us on any agreement in the account. If You make a part payment of any Storage Fees due to Us and We retain Your part payment, this will not affect Our ability to take any action against You or to exercise any rights We have under this Agreement in respect of the Storage Fees which remain outstanding from You. The time period from which We may take such action will still start from the Due Date when the original Storage Fees were due and the Due Date will not be extended as a result of Your part payment.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS
6. We take the issue of prompt payment seriously and have a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other fees related to it are not paid when due (Debt), You authorise US without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Conditions 8 to 10. You acknowledge that (a) We shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full.
7. On expiry or termination of this Agreement, if You fail to remove all Goods from the Unit, We are authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 8 to 10. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (Debt).
8. Before We sell or dispose of the Goods, We will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by You to Us in writing and by email and/or social media. If no address within the UK has been provided, We will use any land or email address or social media details We hold for You and any ACP. If You fail to pay the Debt and/or collect the Goods (as appropriate) We will access the Unit and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. We will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. We may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.
9. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, You must pay Us the balance within 7 days of a written demand from Us. We may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from You, We will hold the balance for You but no interest will be payable on it.
10. If, in Our opinion and entirely at Our discretion, the Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, You authorise Us to treat the Goods as abandoned and We may dispose of all Goods by any means at Your cost. We may dispose of the Goods at Our discretion in the event that (a) Goods are damaged due to fire, flood or other event that has rendered them, in Our opinion, severely damaged, of no commercial value, or dangerous to persons or property, or (b) Goods may contain personal data belonging to You or others. We do not need Your prior approval to take this action but will send Notice to You within 7 days of assessing damaged Goods.
11. Any items left unattended in common areas or outside Your Unit at any time shall be treated as abandoned and may at Our discretion be moved, sold or disposed of immediately with no liability to Us.
12. You have the right to access the Unit during Access Hours as posted by Us and subject to the terms of this Agreement. We will try to provide advance warning of changes to Access Hours by notice at the Facility and/or by SMS or email, but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
13. Only You or others authorised or accompanied by You (Your Agents) may access the Unit. You are responsible for and liable to Us and other users of the Facility for Your own actions and those of Your Agents. We may (but are not obliged to) require proof of identity from You or any other person at any time and, at Our sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
14. We may refuse You access to the Unit and/or the Facility where moneys are owing by You to Us, whether or not a formal demand for payment has been made, or if We consider the safety or security of any person, unit or goods on or at the Facility has been threatened or may be put at risk.
15. You should not leave a key with or permit access to the Unit to any person other than Your own Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.
16. Children under the age of 16 must be closely accompanied by their guardian at all times at the Facility. The Facility can be busy with multiple activities involving heavy duty lifts, forklift trucks, trolleys and pallet trucks. 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. 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 vehicles. If any claims were to occur due to the inappropriate behaviour of children in Your care, You will be held responsible.
17. You authorise Us and Our agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; (c) if We believe the Unit is being used to store prohibited goods or for a prohibited purpose; (d) if We are obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or (e) to relocate the Goods or exercise Our lien or power of sale or disposal in accordance with this Agreement.
18. You will be solely responsible for securing the Unit and ensuring it 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 securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in Our overlocking position and We may have any such padlock or device forcefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Facility.
19. You must not store (or allow any other person to store) any of the following in the Unit: (a) food or perishable goods unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis. You will be liable under Condition 32 for any breach of this Condition 19.
20. You will use the Unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to Us or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any of Our insurance policies or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the Unit unless authorised by Us; (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors); or (g) create any obstruction or leave items or refuse in any common space within the Facility.
21. You must maintain the Unit by ensuring it is clean and in good repair. In the event of uncleanliness or damage to the Unit or Facility, We will be entitled to retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement from You of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.
22. You must (and ensure that Your Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Us of any damage or defect immediately it is discovered and comply with the reasonable directions of Our employees, agents and contractors and any other regulations or policies for the use, safety and security of the Facility as We shall issue periodically.
23. This Agreement does not confer on You any right to exclusive possession of the Unit and We reserve the right to relocate You to another Unit not smaller than the current Unit: (a) by giving 14 days’ notice during which You can elect to terminate this Agreement under Condition 40; or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, We will pay Your reasonable costs of removal if approved in writing by Us before removal. If You do not arrange removal by the date specified in Our notice, then You authorise Us and Our agents to enter the Unit and move the Goods as Your agent on Your behalf and at Your risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 30). Following removal this Agreement will be varied by substitution of the new Unit number but otherwise continues on the same terms at the storage rates in force for the original Unit at the time of the removal.
24. You must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and You are advised to inspect the Unit before storing Goods and periodically during the storage period. We make no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard. Unit sizes are approximate. If You have exact requirements, You must check with Us before signing this Agreement as, by signing, You agree to the actual size of the Unit and not any represented unit size.
25. We may refuse storage of any Goods or require You to remove Goods if in Our opinion storage of such Goods creates a risk to the safety of any person or property.
26. You must give notice to Us in writing of the change of any contact details on this Agreement for You or the ACP within 48 hours of any change. You agree We are entitled to discuss any default by You with the ACP registered on the front of this Agreement.
27. You have the right to park one vehicle at the Facility during the offloading or loading of Your Goods. Vehicles, cars and their contents on site are parked at Your/Owner’s risk. Vehicles may not be left at the Facility if You are not present. Such vehicles left on site will incur a daily charge.
28. 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. Should You lock such equipment in a Unit, there will be an on-going hire charge 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 Our property or third-party property, You will be held responsible for resulting costs.
RISK AND RESPONSIBILITY
29. We will not be liable for any loss or damages suffered by You as a result of You not being able to access the Facility or the Unit, regardless of the cause.
30. The Goods are stored at Your sole risk and responsibility and You shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. We exclude all liability in respect of (a) loss or damage to Your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Goods or any claim for return of the Storage Fees except where this results from Our negligence or breach of contract, in which case Our liability will be limited to the sum of £100 in total. We do not exclude liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on Our part, its agents and/or employees.
31. We do not insure the Goods and it is a condition of this Agreement that the Goods remain adequately insured at all times for their Replacement Value (as set out on the VSS3 form) while they are in storage. You warrant that such cover is in place, will not lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the insured value. We do not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover even when arranged by the Us. Inspection of any insurance documents provided by You to demonstrate cover does not mean We have approved the cover or confirmed it is sufficient.
32. It will be Your responsibility to compensate Us for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Us or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by You or any of Your Agents or (c) enforcement terms of this Agreement.
33. You agree to comply with this Agreement and all laws and regulations relevant to the use of the Unit. This includes laws relating to material which is stored and the manner in which it is stored. You will be responsible for all Liabilities resulting from such a breach.
34. If We have reason to believe that You are not complying with all relevant laws We may take any action it considers necessary, including, but not limited to, action outlined in Conditions 17 and 41, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense. You agree that We may take such action at any time even though We could have acted earlier.
35. We shall not be considered to be in breach of this Agreement nor liable for any delay in performing or failure to perform any of its obligations under this Agreement or any resulting loss or damage to Goods if such delay, failure, loss or damage results from events, circumstances or causes beyond Our reasonable control. Such circumstances include (but are not limited to) 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 recommended restrictions, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, We will not be responsible for failing to allow access to the Goods, Unit and/or the Facility for so long as the circumstances continue. We will try to minimise any effects arising from such circumstances.
36. We collect information about You and any ACP on registration and whilst this Agreement continues, including personal data (Data). We process Data in accordance with the General Data Protection Regulation and all associated laws. Details on how We use Data and Your rights in relation to Data are set out in Our Privacy Notice which can be viewed on its website at www.vanguardstorage.co.uk/privacy-policy. You confirm any ACP has consented to You supplying Data to Us on these terms.
37. If You give consent, We will use Data for feedback purposes, including to provide information on products or services provided by Us in response to requests from You or if We believe they may be of interest. Your choice with regard to the relevant use of Data is indicated in the VSS3 Form and can be changed at any time by contacting Us.
COMMUNICATIONS AND NOTICE
38. We can send You notifications regarding day-to-day matters and minor changes to this Agreement by email and/or by SMS if You have agreed to receive notifications by SMS. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency. We may also use Your social media accounts.
39. Notices to be given by Us or You for more significant changes to the services and these terms or to enforce rights under this Agreement (such as ending the Agreement, changing prices, significant disruptions or enforcing Our right to sell or dispose of Goods) must be in writing and must either be delivered by hand, pre-paid post or email. Notices shall be considered to have been received at the time of delivery by hand, one day after sending by email or 48 hours after posting. Notices from Us to You will be sent to the addresses on the VSS3 Form or the most recent address in England and/or email address notified by You to Us and/or Your social media accounts. In the event of not being able to contact You at the last notified postal or email address, Notice will be considered as having been given to You if We serve that Notice on the ACP as identified on the front of this Agreement at the last notified postal or email address of the ACP. Any notice from You must be sent to Us by hand or by post to the address on the VSS3 form or by email to Our e-mail address on the VSS3 form. In the event that there is more than one storer named on the Agreement, Notice to or by any single storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.
CANCELLING OR ENDING THE AGREEMENT
40. If You signed up without coming into the Facility, then You have 14 days after We confirm acceptance of the order to change Your mind (cooling off period). If You cancel during this period a refund will be provided based on the length of storage You have taken prior to cancelling and all Goods being removed from the Unit. We can use any payment made by You to settle some or all of this. You can cancel by email, post or telephone call Us referring to Your name, address and date of order.
41. Unless otherwise agreed in writing by both parties, either We or You may end this Agreement at any time by giving the other party written Notice. The date on which the Agreement will end (the Termination Date) must be at least the number of days indicated on the VSS3 form. In the event of illegal or environmentally harmful activities on Your part or a breach of this Agreement (which, if it can be put right, You have failed to put right within 14 days of notice from Us to do so), We may terminate the Agreement immediately by Notice. We are entitled to retain from the Deposit, or make a charge for, apportioned Storage Fees if less than the required Notice is given by You. You must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to Our satisfaction. In the event that Goods and/or rubbish are left in the Unit after the Termination Date, Conditions 7 and 21 will apply. You must pay any outstanding Storage Fees and any other fees or expenses owed to Us up to the Termination Date, or Conditions 6 to 10 may apply. Any calculation of the outstanding fees will be by Us. If We enter the Unit for any reason and there are no Goods stored in it, We may terminate the Agreement without giving advance Notice but will send Notice to You within 7 days.
42. You agree to examine the Goods carefully on removal from the Unit and must notify Us of any loss or damage to the Goods as soon as is reasonably possible.
43. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of Us or You that came into effect during the life of the Agreement. This includes the right to claim damage for breach of the Agreement, liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement.
MAN AND VAN SERVICE
44. If We directly provide You with a Man and Van the following conditions shall apply –
a. It will be Your sole responsibility to:
i. Arrange adequate insurance cover for the Goods submitted for removal transit against all insurable risks as Our liability is limited under clause 44.b.
ii. Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
iii. 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.
iv. Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of Goods.
v. Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
vi. 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.
vii. Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
viii. Empty, properly defrost and clean refrigerators and deep freezers We are not responsible for the contents.
ix. Ensure that the Goods to be transported do not include any of the items described in Condition 19.
b. 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 £100 for any one item. For purposes of this condition an item is defined as – The entire contents of a box, parcel, package, carton or similar container and any other object or thing that is moved or handled by Us.
c. Because third party contractors are frequently present at the time of collection or delivery Our liability for loss or damage is limited as follows –
i. 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.
ii. 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.
iii. We are responsible for causing damage to Your premises or to property other than Goods for removal, You must inform Us in writing as soon as practically possible and in any event within seven (7) days.
d. 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.
e. If You or Your agent collect the Goods, You or Your agent must notify us in writing of any loss or damage at the time the Goods are handed to You.
f. 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.
g. 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
45. If We provide You with a third-party Man and Van service, We will provide You with a set of their terms and conditions and these will prevail.
46. If You arrange for a third party to deliver Goods to the Facility, You must be at the Facility to offload and onward move the Goods into Your Unit. If You are not at the Facility, We reserve 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. 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.
47. 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. You must indemnify Us 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.
48. If You arrange for heavy or abnormally large equipment to be delivered to the Facility 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 at Our Facilities. You must advise Us of the replacement value of the incoming consignment as it must be insured for the offloading and subsequent storage.
OTHER IMPORTANT TERMS
49. We may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such changes are notified to You in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of Our notice. You may end this Agreement without charge before the change takes effect by giving notice in accordance with Condition 39. Otherwise, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms.
50. You acknowledge and agree that :(a) the terms of this document and the VSS3 form constitute the whole agreement with Us and, in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in this Agreement; (b) any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this Agreement or have any contractual force; (c) the terms of this Agreement apply to the exclusion of any other terms that You seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) You have raised all queries relevant to Your decision to enter this Agreement with Us and We have, prior to You entering into this Agreement, answered all such queries to Your satisfaction; (e) any special terms agreed between You and Us, been recorded in writing and incorporated into the terms of this Agreement; (f) if We decide not to exercise or enforce any right that it has against You at a particular time, then this does not prevent Us from deciding to exercise or enforce that right at a later date unless We tell You in writing that We have waived or given up Our ability to do so; (g) 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 it; (h) if any provision or part-provision of this Agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this Agreement; (i) 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 in the Facility; (j) We may transfer Our rights under this Agreement to another organisation and will let You know if it plans to do this; and (k) where there are two or more joint Storers, each person takes on the obligations under this Agreement separately.
51. This Agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must first try to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation.