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Definitions
1. In these terms and conditions the following words have the following meanings:
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| You, Your |
the customer names in the Schedule |
| We. Us. Our |
T H Brown Limited trading as Space People |
| Goods |
anything that you bring on to the Site and store in the Unit |
| Unit |
the storage unit specified in the Schedule or any alternative storage unit we may specify under Condition 13 |
| Commencement Date |
the date specified in the Schedule |
| Site |
the premises on which the Unit is situated |
| Access Hours |
the hours we permit access to the Unit |
| Prohibited Items |
those items specified in Condition 10 |
| Deposit |
the amount specified in the schedule |
| Licence Fees |
the amount specified in the Schedule which is exempt from VAT |
| Due Date |
the
date specified in the schedule and the corresponding date in each four
weekly period after the date specified in the schedule
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Your right to Occupy
2.
We permit you but no other person to use the Unit in accordance with
these terms and conditions from the commencement date until this
agreement is terminated.
Inspection
3. You must inspect the Unit before storing any goods and inform us if
you believe it is damaged or unsuitable for your requirements in any
way. If you do not do so the unit will be deemed to be suitable for you
and in good condition at the commencement date.
Access to the Unit by you and by us
4. You may have access to the Unit at any time during the Access Hours.
No access to the Unit will be permitted outside these hours. We may
change the Access Hours at any time without giving any prior notice.
4a. 24 hour a day, seven days a week access may be available on the payment of the
"24/7" fee. There will be a £10 deposit for the key fob which is issued to
"24/7" users. This deposit will be lost in the event of loss of the key fob,
and a further £10 deposit will be required on the issue of a replacement key fob.
5.
Only you and persons authorised in writing or accompanied by you will
be permitted to have access to the unit. 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 to do
so) and we may refuse access to any person (including you) who is
unable to provide satisfactory proof of identity and authority where
applicable.
6.
You are responsible for providing a padlock for the Unit and you must
ensure that it is locked at all times when you are not in attendance.
We will not be responsible for locking any unlocked Unit.
7.
You will permit us (and our agents or workmen) to enter the Unit at any
time in an emergency, and otherwise if we give you not less than seven
days’ notice so that we may inspect it or carry out repairs,
maintenance and alterations to the Unit or any other Unit or part of
the Site or ensure compliance with these terms and conditions or for
any other purposes.
8. We may enter the Unit at any time without notifying you (and if necessary we may break the lock to gain entry):
• If we believe that the Unit contains Prohibited Items or is being
used in breach of these terms and conditions
• If we are required to do so by the Police, Fire Services, Local Authority or by a Court Order
• If we believe it is necessary in an emergency
• To obtain access in accordance with Conditions 7, 14, 22 and 23
• To prevent injury or damage to persons or property: or
• If we are of the opinion than any of the above apply or for the purposes of ascertaining this.
Use of the Unit and the Site
9.
You warrant that the goods you are storing in the Unit are your own
property or the person who owns or has an interest in them has given
authority to you to store them in the Unit.
10.
You may only use the Unit for storage and not for any other purpose.
You must not store (and you must not allow any other person to store)
any of the following in the Unit:
i. • Food or perishable goods unless securely packed so that they are protected from vermin
ii. • Birds, fish, animals or any other living creatures
iii. • Combustible or flammable materials or liquids such as paint,
petrol, oil or cleaning solvents
iv. • Explosives, weapons or ammunition
v. • Chemicals, radioactive materials, biological agents
vi. • Toxic waste, asbestos or other materials of a dangerous nature
vii. • Any item which emits any fumes, smell or odour
viii. • An illegal substance, illegal items or goods illegally obtained
ix. • Compressed gases
x. • Goods of a nature that is unknown to you
11. You must not (and you must not allow any other person to):
i. • Use the unit or do anything on the Site or in the Unit which may
be a nuisance to us or to the users of any other unit.
ii. • Do anything on the Site or in the Unit which may invalidate any
of our insurance policies (or those of other Unit users) or cause
increase of the insurance premiums.
iii. • Use the Unit as offices or living accommodation or as a home or business address.
iv. • Spray paint or do any mechanical work of any kind in the Unit
v. • Attach anything to the walls, ceiling, floor or doors of the Unit
or make any alteration to the Unit.
vi. • 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.
vii. • Cause any damage to the Unit or any other Unit or the Site or
its facilities or to the property and possessions of us or any of our
other customers.
viii. • 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 in using these areas.
12. You must:
i. • Inform us immediately of any damage to the Unit
ii. • Comply with the directions of any of our employees or agents at
the Site and any further regulations for use of the Unit which we may
issue or display from time to time.
iii. • In the event of any damage being caused to a Unit in your
control, or if you cause damage on the site, you must, at our option,
repair, restore or replace the damage, or reimburse our costs in making
the necessary repairs, restoration or replacement.
iv. • Inform us immediately of any incident that you witness, that
constitutes a safety risk to either operators or users of the Site,
damage to the facilities on the Site, or an illegal use of the Site.
Alternative Unit
13.
We may at any time by giving you seven days written notice require you
to remove your goods from one Unit to another Unit specified by us. The
alternative Unit shall be of a similar size to the current Unit.
14.
Removal of your goods from the current Unit to the alternative Unit
will be at your expense. If you do not arrange the removal of your
goods to the alternative Unit in the time specified in the notice, we
may enter the Unit and arrange for the goods to be so moved. Any
removal arranged by us will be at your risk, except for loss or damaged
caused wilfully or negligently by us or our removal agents, and the
removal expenses will be payable by you and we may add them to the
Licence Fees.
15.
If your goods are moved to an alternative Unit, this Agreement will he
varied by the substitution of the alternative Unit number but this
Agreement will otherwise continue in full force and effect and the
Licence Fees will continue to apply to the alternative Unit.
Deposit
16.
You must pay us the Deposit as specified when you sign this Agreement.
The Deposit will be returned to you (without interest) within 21 days
after this Agreement terminates less any amount we may deduct to cover:
i. • Repairing any damage to the Unit, Site or any other Unit caused by
you, your agents or invitees or by goods stored in the Unit
ii. • Any unpaid Licence Fees or removal or other charges: or
iii. • Any other obligation to us that you have not discharged in full.
Licence Fees
17.
You must pay us the Licence Fees for the minimum period of storage on
signature of this agreement and thereafter must pay the Licence Fees on
the Due Date.
Late Payment Charges
18.
If you do not pay the Licence Fees on the Due Date and a 7 day late
letter has been issued, you will immediately become liable to pay a
late payment charge of £10.00. If your account remains unpaid
for a further 7 days – i.e. 14 days late - you will be charged a
further £10.00. or 1.5% per week of the outstanding amount,
whichever is the greater.
19.
In the event that any cheque is dishonoured, credit card transaction
revoked or payment frustrated by whatever cause, we may make a further
charge of £12. on each such occasion.
Increases
20.
We may alter the Licence Fees at any time by giving you written notice
and the new Licence Fee shall take effect on the first Due Date
occurring not less than four weeks after the date of notice.
- Non Payment of Licence Fees
- 21.If you do not pay the licence fees on the Due Date or the late payment
charge or either, we may exclude you from the Unit, and from the Due
Date we may break the lock on the Unit and install a new lock whether
or not we have exercised our right to terminate this Agreement.
Exercising our right to exclude you from the Site and the Unit does not
affect your obligation to pay any unpaid or future Licence Fees or late
payment charges.
22. If any part of the licence Fees or the late payment charge is still outstanding one month after the Due Date then we may:
i. • Give you written notice that we will remove all the goods in the
Unit if you have not paid all outstanding amounts due in full within 72
hours of the posting of that notice by us to you at your address set
out in the schedule:
ii. • On expiry of the notice above we may remove all the goods in the
Unit to any alternative storage facilities that we may decide without
us incurring any liability for loss or damage to the goods arising from
their removal and alternative storage.
iii. • Charge you the full costs of removing the goods from the Unit
and alternative storage costs together with any repeated costs if we
require to move the goods at any time thereafter.
iv. • Sell the goods on your behalf and pass good title to them and use
the proceeds of sale to discharge any outstanding Licence Fees and
other charges due to us. If the proceeds of sale are insufficient to
discharge your outstanding liability to us then you will remain liable
for the balance and we may take any action we consider necessary to
recover the outstanding amounts.
v. • Treat any goods not sold as abandoned and destroy or otherwise dispose of them.
Termination
23. Either you or we may terminate this Agreement by giving not less
than seven days written notice ending on any Due Date and termination
will take effect from that Due Date. Any licence fees paid in advance
shall he refunded but we may make deductions from them as if they were
a Deposit under Condition 16.
24.
You may not terminate this agreement if any Licence fees or other
charges are outstanding or if you are otherwise in breach of this
Agreement. Notice of breach of the Agreement may be given immediately
by giving you written notice in the event that you are in breach of any
terms of this Agreement.
25.
We may terminate this Agreement immediately by giving you written
notice if you are in breach of any terms of this Agreement.
On Termination
26.
On termination of this Agreement 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. We may recover our costs if we have to clean the
Unit or dispose of any goods or waste left in the Unit or, by you on
the Site.
27.
We may treat any goods remaining in the Unit after termination as
abandoned and may dispose of them in accordance with Clause 23.
Insurance
28. We do not insure your goods whilst in the Unit. Storage of goods in
the Unit is at your sole risk and you must insure them at their full
replacement value (minimum value of £2000). You may take out insurance
arranged by us if you wish by completing the relevant part of the
schedule.
Exclusion of Liability
29.
We shall not be liable for any loss (including consequential or
economic loss) or damage to the goods stored in the unit, whether or
not the loss or damage is due to any act of omission, negligence or
wilful default by us or by any of our servants or agents or other
customers; nor shall we be liable for any consequential or economic
loss incurred by you as a result of any loss or damage to the goods.
Any other representations, conditions, warranties and other terms,
whether written or oral, express or implied, statutory or otherwise
which are or may be inconsistent with this condition are expressly
excluded.
30.
The exclusion of liability in Conditions 29 and 30 does not apply where
the damage suffered by you is a direct result of our negligence or
wilful default or that of our servants or agents and which causes
physical injury to or the death of any person.
Indemnity
31.
You will indemnify us and hold us harmless against all claims, demands,
liabilities, damages, costs and expenses incurred by us or by any of
our servants, agents or other customers which arises out of the use of
your Unit or the Site by you or any of your servants, agents or
invitees or arises out of the breach of this Agreement by you.
Notices
32. Any notice given under this agreement must be in writing and may be
served by personal delivery, or by pre-paid post. Any notice to you may
be sent to the address stated in the Schedule or any other address
which you notify to us in writing. Any notice to you will also be sent
to any owner (whether sole, joint, or co-owners) of which we have been
notified by you. Any notice to us must be sent to our address set out
in the Schedule. Notices will be deemed to be effectively served
immediately if served personally, or forty-eight hours after they have
been placed in the post.
Force Majeure
33. We shall not be liable for any loss or damage which you may suffer
as a direct or indirect result of our performance of this Agreement
being prevented, hindered or delayed by reason of any Act of God, riot,
strike or lock-out, trade dispute or labour disturbance, accident,
break-down of plant or machinery, fire, flood, difficulty in obtaining
workmen, material or transport, electrical power failures or other
circumstances whatsoever outside our control and which affect the
provision by us of access to or use of the Unit.
General
34. Any delay by us in exercising any of our rights under this
agreement will not impair our rights or be a waiver of those rights,
nor will any partial exercise of any right preclude a further exercise
of that right.
35.
You may not assign any of your rights under this agreement or part with
possession of the Unit to any other person, firm or company.
36.
No variation of these terms and conditions will be effective unless
expressly accepted in writing by us and signed by one of our directors.
None of our employees or agents who is not also a director has any
authority to vary these terms and conditions on our behalf whether
orally or in writing.
37.
Every provision in these terms and conditions 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.
38. This Agreement shall be governed by English Law and you and we submit to the exclusive jurisdiction of the English courts.
39. This Agreement shall not create a tenancy.
40. Where the Customer is two or more persons your obligations under this Agreement shall be joint and several.
41. We reserve the right to refuse any goods regardless of reason.
42. All goods accepted will become subject to lien in respect of continued non-payment of our charges.
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