Terms & Conditions
Store & Work LTD (09154224)
T/A The Storage Works
Site Address – The Storage Works, Heys Lane, Great Harwood, BB6 7UA
Registered Address – Unit 5 Dewhurst Row, Preston, PR5 6SW
And (Name & Address Specified On Online Form)
1. In these terms and conditions, the following words have the following meanings:
the hours We permit You access to the Unit from time to time and at Our absolute discretion
these terms and conditions and the information set out on the online form
those persons specified on the online form whom the parties agree may access the Unit in addition to You or such other persons as the parties agree in writing may access the Unit from time to time
Any day that is not a Saturday, Sunday or public holiday in England
The period specified on the online form
the date specified on the online form
The amount on the online form
The first Business Day in each corresponding Payment Period specified on the online form.
Anything You store in the Unit at any time during this Agreement
The minimum period of storage specified on the online form.
loss of or damage to Goods caused by events beyond Our reasonable control including but not limited to acts or omissions of other users of the Site, fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting &/or leaking pipes, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles.
the amount specified on the online form which includes VAT where specified, which shall also be paid additionally by You where VAT is or becomes applicable
the payment method specified on the online form.
The period specified on the online form
The purposes of depositing, removing, substituting or inspecting the Goods and Your regular inspection of the Unit for damage or unsuitability for the Goods
Any policies implemented by Us and displayed by Us at the Site from time to time
The site at which the Unit is located as specified above.
Site Termination date
Date of termination of this Agreement in accordance with Clause 25 or 26
The period from the Commencement Date until this Agreement is terminated
Unit the storage unit specified on the online form or any alternative storage unit We may specify under Clause 11
We, Us, Our
the storage provider named above
the customer named on the online form
2. Subject to the Minimum Period and on an indefinite basis thereafter until such time as this Agreement is terminated We solely license to You and for the avoidance of doubt no other person the right on the terms set out in this Agreement to:
2.1. use the Unit for the storage of Goods for the Term; and
2.2. have access to the Unit at any time during the Access Hours only for the Permitted Purposes. We will try to provide advance warning of any unavailability of access to the Unit by positioning notices on Site, but We reserve the right at Our absolute discretion and without liability to You to set or change the Access Hours as We see fit at any time without giving any prior notice.
3. Only You and the Authorised Persons or those accompanied by You will be allowed to have access to the Unit. Any such person is Your agent for whose actions You are wholly responsible and liable to Us and to other users of the Site. You may not bring animals onto the Site (other than certified assistance animals which are being used solely for the purposes of such certification). You may withdraw any authorisations at any time but the withdrawal will not be effective until We receive notice of it in writing. We may ask for proof of identity (or certification) from You or any other person at any time when accessing or attempting to access the Site (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 at Our absolute discretion refuse You or Your agents access at any time to the Site for reasons including but not limited to if We consider that the safety of any person on the Site, or the security of the Site, the Unit or their contents will be put at risk. If You request that We assist or help you to move the Goods into, out of or within the Unit or the Site at any stage during or after the Term then You acknowledge that We shall do so as Your agent and that We shall not be liable to You in any way for any damages or losses suffered by You as a result.
4. You are solely responsible for providing a secure padlock 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. Where applicable, you must at all times ensure that the main front door of the Site is closed whenever You pass in or out of it. You are required to inspect the Unit at least once every month. We will not be responsible for locking any unlocked Unit or be liable to You in any way for failure to comply with this Clause. You should not leave Your key with or permit access to Your Unit to any person other than those authorised under Clause 3 above. Where You are issued with a key or entry card You acknowledge that they shall at all times remain Our possessions and You warrant that You shall not make any copies of those. You must notify Us immediately in the event that You lose any key or entry card issued to You and shall be liable to pay Us a £20 charge for each replacement. 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.
5. You will permit Us and Our agents and contractors to enter the Unit at any time and if necessary We may break the lock to gain entry:-
5.1. if We give You not less than two Business 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;
5.2. at any time without notifying You:-
5.2.1. if We reasonably believe that the Unit contains any items described in Clause 8 (or for the purpose of ascertaining whether the Unit contains any such items) or is being used in breach of Clause 9 or such entry is effected incidental to the exercise of Our powers pursuant to Clause 18; 5.2.2. if We are required to do so by the Emergency Services, a Local Authority or by a Court Order;
5.2.3. for any purpose including that in Clause 5.1, if We believe it is necessary in an emergency;
- 5.2.4. to obtain access in accordance with Clauses 11 and 18; or
- 5.2.5. to prevent injury or damage to persons or property or if We reasonably consider that such entry is necessary to ascertain whether action needs to be taken to prevent injury or damage to persons or property.
6. You warrant and shall continue to warrant that at all times throughout the Term, 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 of this Agreement and that You act as a duly authorised agent of any such person. You agree that You shall indemnify Us, keep Us indemnified and hold Us harmless against any loss or damage suffered by Us for breach of this warranty including against any loss, damage, costs or expenses incurred by Us (including any reasonably incurred legal fees) arising from any step or action taken by any person who owns or has an interest in the Goods now or at any time in the future.
7. We reserve the right to refuse to permit You to store any Goods or require You to collect any Goods from the Unit if in Our reasonable 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 or are at risk by the storage or continued storage of any such Goods.
8. You warrant that You shall not at any time throughout the Term store (and You shall not allow any other person to store) any of the following in the Unit:-
8.1. food or perishable goods unless securely packed to Our satisfaction so that they are protected from and do not attract vermin;
8.2. birds, fish, animals or any other living creatures;
8.3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
8.4.compressed gasses, firearms, explosives, fireworks, weapons or ammunition;
8.5. chemicals, radioactive materials, biological agents;
8.6. toxic waste, asbestos or other materials of a potentially dangerous nature;
8.7. any item which emits any fumes, smell or odour;
8.8. any illegal substances, illegal items or goods illegally obtained;
8.9. any other item which We at Our absolute discretion notify to You that You are precluded from storing at the Unit from time to time.
9. You must not (and You must not allow any other person to) unless otherwise permitted by Us in writing:-
9.1. use the Unit or do anything on the Site or in the Unit which may be a nuisance, harassing, discriminatory or abusive to Us or the users of any other unit or any person on the Site or neighbouring the Site;
9.2. do anything on the Site or in the Unit which may invalidate any of Our insurance policies or those of other unit users or may increase the premiums payable on them;
9.3. without prejudice to Your right to use the Unit as an office, use the Unit as 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;
9.4. spray paint or do any mechanical work of any kind in the Unit;
9.5. attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
9.6. 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;
9.7. 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 for the avoidance of doubt if You cause any damage You must (at Our option) repair, restore or replace such damage or item or indemnify Us and keep Us indemnified for the costs of making repairs, restoration or replacements that We acting in Our absolute discretion deem necessary; 9.8. leave anything in or cause any obstruction or undue hindrance in any passageway, stairway, service area or other part of the Site and You must at all times exercise courtesy to others and reasonable care for Your own safety and that of others in using these areas;
9.9. connect or provide any utilities or services to the Unit unless authorised in advance in writing by Us; or
9.10. smoke anywhere on the Site or in close proximity to the Site.
10. You must (and You shall procure that Your agents must):-
10.1. 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;
10.2. inform Us immediately of any damage or defect to the Unit or the Site or anything which comes to Your attention and which may cause damage or defect to the Unit or the Site;
10.3. inform Us of any unusual or suspicious activity at the Site;
10.4. comply with the reasonable directions of any of Our employees,
agents and contractors at the Site and any further regulations for the use safety and security of the Unit and the Site which We may issue from time to time.
11. This Agreement shall not confer on You any right to exclusive possession of the Unit or create a relationship which resembles that of landlord and tenant, and:
11.1. We may at any time by giving You five Business Days’ written notice require You to remove the Goods from the Unit to another unit specified by Us and You acknowledge that this may subject to availability be smaller than the Unit.
11.2. 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 by Us and Our agents and contractors, subject to the aggregate limit of Our liability contained in Clause 21).
11.3. 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 on the online form will continue to apply to Your use of the alternative unit unless agreed otherwise.
12. You must pay Us Our Fees via the Payment Method throughout the Term on the Due Date in each Payment Period.
13. 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 10 Business Days after the date of Our notice.
14. If You do not pay Our Fees on the Due Date, You must pay Us an administrative charge for late payment which is the larger of 10 percent of Our Fees for that Payment Period for which You were late or £12.
15. On each occasion any cheque is dishonoured, at Our option You must pay Us an administrative charge of £12.
16. You must pay Us interest on all amounts overdue for payment from You at the rate of 5% above the base rate of the Bank of England, 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.
17. You must pay Us the Deposit on Your signature of this Agreement. The Deposit will be returned to You (without interest) after this Agreement terminates less any amount We may in Our sole discretion deduct to cover:- 17.1. any breach of this Agreement;
17.2. any of Our Fees which have not been paid or any unpaid removal or other charges; or
17.3. any losses, damages, costs or expenses suffered by Us or a third party arising out of or in connection with this Agreement.
18. Time for payment of Our Fees or any other sum owing by You to Us under and in accordance with this Agreement is of the essence and the terms of this Clause are additional to and without prejudice to all or any rights We may have at common law or otherwise. Where You are in default:
18.1 We are relieved of any duty howsoever arising or owing to You under this Agreement;
18.2 the Goods are continued to be held solely at Your risk and We shall be able to immediately exercise the lien described in Clause 18.3 below; 18.3 You agree and accept that We have a lien over the Goods for any sums owing by You to Us until payment of such sums in full has been received by Us in cleared sums;
18.4 You shall pay Us fees and charges at the same rates as under this Agreement and if this Agreement has been terminated, the relevant rate at which such fees and charges will be payable by You will be the rate which was payable immediately prior to termination; and
18.5 You authorise Us;-
18.5.1. to refuse and remove You and Your agents access to the Goods, the Unit and the Site and by accessing the Site You acknowledge that You are committing a criminal offence;
18.5.2. to enter the Unit and inspect and remove the Goods to another unit or Site;
18.5.3. to hold onto and/or ultimately at Our absolute discretion dispose of some or all of the Goods;
18.6. In the event that 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 clause 18.8, sell the Goods and pass all title to them and use the proceeds of sale to pay first the costs incurred by Us in the sale and removal, and secondly in paying those sums outstanding and to hold any balance for You. Interest will not accrue to You on the balance;
18.7. If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by Us and Your Debt, You must pay any balance outstanding to Us within 5 Business 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 any outstanding sums until payment of such sums has been made;
18.8. Before We sell the Goods, We will give You notice in writing by registered or recorded delivery post at Your address on the online form or any address in England and Wales notified by You to Us in writing prior to Our notice, specifying any particulars that We haveofthe Goods, the amount of any outstanding sums at the date of the notice (and, in Our sole discretion, specifying any amount by which such outstanding sums are increasing after the date of that notice) and directing You to pay and that in default of payment within 5 Business Days after the date of the notice, We will sell the Goods. We do not agree to give You any further notice of any intended sale; 18.9. We will sell the Goods by any method(s) We deem necessary to achieve the best selling price reasonably obtainable; and
18.10. If the Goods cannot reasonably and economically be sold (for any reason whatsoever), or they remain unsold despite Our efforts, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost.
19. Because the nature and type of goods being stored by You from time to time is entirely within Your discretion (subject to Clauses 8 and9) 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 or for use as an office as permitted by Clause 9.3. We strongly advise You to inspect the Unit before storing Goods in the Unit or otherwise using it as permitted by the terms of this Agreement and from time to time throughout the Term.
20. The Goods are left in the Unit at Your sole risk. We exclude any liability in respect of the Goods and any mail or packages received on Your behalf, whether such mail or packages are opened, lost or damaged.
21. We may provide You with a non-exclusive internet, telephone, fax and/or data connection (‘the Telecommunications’) at the Site and may suspend or terminate Your right to use the Telecommunications without prejudice to the continuance of this Agreement in the event that You breach or We reasonable consider that You are likely to breach this clause. We may issue any policy with regards to use of the Telecommunications from time to time.
21.1You acknowledge that while We try to provide You with good connections, We are providing the Telecommunications as a conduit and that We make no promise that We will meet your requirements and cannot guarantee a fault-free service. We make no warranties or representations as to the suitability of the Telecommunications and exclude to the fullest extent permitted by law, any liability to You whether direct, indirect, consequential or otherwise arising out of or in connection with Your use of the Telecommunications. If We are told that something is wrong We will try and sort it out as soon as possible. Access may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services but We will have things up and running again as soon as possible with no liability to You. From time to time We may restrict you from accessing some or the entire of the Telecommunications.
21.2Whenever You make use of the Telecommunications, You will be liable to indemnify Us for any direct and indirect losses and costs resulting from Your breach of the following warranties. You warrant and undertake that whilst using the Telecommunications, You shall not undertake:(i) disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws, (ii) transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice, (iii) interfering with any other person’s use or enjoyment of the Telecommunications including bit not limited to engaging in any violations of system or network security, and (iv) making, transmitting or storing electronic copies of materials protected by copyright or creating any links between the Telecommunications and any other telecommunications services without Our permission. We will not be responsible, or liable to any third party in any way for materials posted by you or any other user of the Telecommunications and have the right to remove it if, in our opinion it doesn’t comply with these standards.
21.3 You must not knowingly or negligently introduce viruses, trojans, worms, logic bombs or other technologically harmful things to disrupt or attack the Telecommunications and must not attempt to gain unauthorised access to the Telecommunications, or any server, computer or database connected to them and We will report any such breach to the relevant authorities and co-operate with them by telling them who You are and ban You from using the Telecommunications. We will not be liable for any loss or damage caused by someone else’s breach of this provision that may infect Your equipment due to Your use of the Telecommunications in any way.
21.4We have no control over other websites or resources accessible via the Telecommunications and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
22. You agree and acknowledge that We do not insure the Goods and that You are responsible for effecting and maintaining insurance in accordance with clause 22.1.
22.1. You warrant to Us as follows:
22.1.1. that throughout the Term You shall effect and maintain insurance for the Goods against all normal perils under a valid contract of insurance with a reputable insurance company for their full replacement value and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site; and
22.1.2. that the insurance cover will not be for a sum which is lower than the replacement value of the Goods stored in the Unit from time to time. 21.2. We exclude all liability in respect of loss or damage relating to Your business, if any, including consequential loss, lost profits or business interruption, and all liability in respect of loss or damage to the Goods caused by Normal Perils, including as a result of negligence by Us, Our agents and/or employees. We do not exclude liability for physical injury to or the death of any person and which is a direct result of Our negligence or wilful default or that of Our agents and/or employees.
23. You will indemnify Us, keep Us indemnified and held harmless against all claims, demands, liabilities, damages, costs and expenses incurred by Us or by any of Our servants, 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 any of Your servants, agents or invitees or arise out of the breach of this Agreement by You.
24. In the event of circumstances which are outside Our reasonable control and their consequences, We do not agree and are not obliged by this Agreement to maintain the safety or security of the Goods, the Unit or the Site in order to keep the Goods free from damage or loss. Neither You nor We shall have any liability under or be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement which results from circumstances beyond the reasonable control of that party. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Site by, or arrest or seizure or confiscation of Goods by competent authorities.
25. This Agreement shall commence on the Commencement Date and remain in force for the Minimum Period and indefinitely thereafter until such time as it is terminated in accordance with Clause 26 or otherwise in accordance with this Agreement.
26. This Agreement may be terminated:
26.1 by You by giving Us not less than the Cancellation Notice and termination will take effect from the expiry of such notice which shall not take effect prior to the expiration of the Minimum Period, which shall be the Termination Date; or
26.2 or indefinitely suspended by Us by giving You not less than fifteen Business Days’ written notice and termination will take effect from the expiry of such notice, which shall be the Termination Date; or
26.3 or indefinitely suspended by Us by giving You immediate notice if You commit or We reasonably consider that You shall commit or are planning to commit a serious breach of any term of this Agreement and (in the case of a breach capable of being remedied) shall have failed within 10 Business Days after service of a notice to do so, to remedy the breach; or where You commit a series of breaches of this Agreement. Serious breach includes a failure by You to pay all Our Fees and other charges due to Us under this Agreement.
27. Immediately on the Termination 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 indemnify Us for Our costs of cleaning the Unit or disposing of any Goods or rubbish left in the Unit or on the Site. In default of 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 Termination Date as abandoned and may dispose of them in accordance with Clause 18.
28. Where this Agreement has terminated and You have paid more of Our Fees and chargesthan are due at the Termination Date, We will refund the balance to You on a pro rata basis after deduction of any payments due to Us as if the balance were a Deposit under Clause 17 save that We will not be liable to refund to You a proportion less than Our Fees equating to that for a period of one week. No interest will accrue on any money held by Us for You. Where any payments are still outstanding from You, You must pay Us in full including any outstanding interest before We will release the Goods to You.
29. Any delay by Us in exercising any of Our rights under this Agreement will not affect Our rights or be a waiver of those rights, nor will any partial exercise of any right exclude a further exercise of that right.
30. Every provision in this Agreement is severable and distinct from every other provision and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way. 31. This Agreement can only be varied in writing and signed by one of Our directors save that We may implement any Policies from time to time by displaying a notice at the Site. 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.
32. Save where otherwise permitted by the terms of this Agreement, You may not assign 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 for the avoidance of doubt a breach of this Clause shall be deemed to be a serious breach under Clause 26.2.
33. You agree that no third party shall have any rights conferred upon it by virtue of the terms of this Agreement in accordance with the Contracts (Rights of Third Parties) Act 1999 .
34. This Agreement shall be governed by English law and You and We submit to the exclusive jurisdiction of the English courts.
35. This Agreement shall not create a tenancy or a relationship of landlord and tenant in accordance with the Landlord and Tenant Act 1954 nor does it constitute Us as bailees of Goods.
36. Where You are two or more persons Your obligations under this Agreement shall be joint and several.
37. Any notice given under this Agreement must be in writing and may be served by personal delivery to the person notified or its address or by pre- paid post or by email address to the addresses first set out above. Your address for service of notices shall be Your address written on the online 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 (whether sole, joint, or co-owners) the name and address of whom We have been previously notified by You. Any notice to Us must be sent to Our address set out above. A notice will be served at the time of personal delivery or forty-eight hours after it has been placed in the post.
38. You consent to Our use of the information given by You, including Your personal information, for marketing and other purposes and You consent to Us passing such information to other persons and companies for them to use for marketing or other purposes. We shall only process Your personal data in accordance with the Data Protection Act 1998. You may notify Us that You do not wish to receive any such correspondence for marketing purposes by expressly notifying Us upon signing this Agreement or thereafter.
39. Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings), the complaining party shall inform the other person in writing of the dispute in as much detail as possible and You and We agree to try informal conciliation within twenty business days of the notice of the dispute. If the dispute cannot be resolved, You and We agree to use the Centre for Alternative Dispute Solution to try to resolve the dispute amicably by using an Alternative Dispute Resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within 90 days after notice of the dispute has been given, You or We may submit the dispute to the Court. This Clause does not affect the right of either You or Us to terminate this Agreement.