Terms & Conditions
"the Agreement" means the licence agreement entered into between the Firm and the Customer relating to the Storage Space
"the Customer" means the person(s) or company named in the Agreement
"the Deposit" means the deposit referred to in the Agreement
"the Firm" means Julian Hughes and Allan Deke Wheeler trading as "the Storage Solution"
"the General Condition s" means these general terms and conditions
"the Storage Charge" means the fee payable for the occupation and used of the Storage Space as shown in the Agreement
"the Storage Space" means the container or other storage space identified as such in the Agreement
2. The Customer agrees to pay the Deposit and the first payment of the Storage Charge for the use of the Storage Space on or before the date of the Agreement. Subsequent payments are due within seven days of the date of invoice and, if required by the Firm, are to be paid by standing order/direct debit.
3. The Customer agrees:
3.1. That the Customer has inspected the Storage Space and confirms it is in good condition and suitable for its intended use and the Firm gives no warranty in this respect.
3.2. To keep the Storage Space in good repair and make good all damage caused by or arising as a result of his own or his agent’s act of neglect or default and to keep the Storage Space neat and tidy.
3.3. To take all reasonable and proper precautions against fire occurring on or in the Storage Space.
3.4. Not to do or permit to be done anything which may be or become illegal or a nuisance or cause annoyance or discomfort to the Firm or any neighbours including users of neighbouring containers/storage spaces or the Firm’s land or which may vitiate any policy of insurance of the Storage Space or increase the premiums thereon.
3.5. Not to part with or share possession of the Storage Space or any part thereof.
3.6. Not to use the Container or Storage Space for the storage of anything which may become a danger to the Firm or any neighbours including users of neighbouring containers or storage spaces.
3.7. Upon termination of this Licence to leave the Storage Space vacant and in a clean and tidy condition and not to leave any property of the Customer or for which they may be responsible and to return the key and the padlock of the Storage Space to the Firm.
3.8. To indemnify the Firm against any liability whatsoever arising from the Customer’s use of the Storage Space.
3.9. To use the Storage Space for the storage of goods and chattels belonging to the Customer only.
3.10. Not to obstruct any part of the Firm’s site and not to park vehicles on any part of the Firm’s site save for the purposes of loading and unloading goods and chattels stored in the Storage Space but nothing herein shall prevent the Customer parking in any Storage Space.
3.11. That no living creatures, illegal substances, explosives, hazardous goods, firearms or ammunition, toxic, pollutant or contaminated goods will be stored in the Storage Space and no foodstuffs or perishable goods will be stored in the Storage Space unless securely packaged and protected from vermin and the Customer will indemnify the Firm for any loss or liability howsoever arising as a consequence of a breach of this clause notwithstanding clause 5 of the Licence Agreement.
4. The Firm at any time during the subsistence of the Agreement and without giving waning to the Customer:
4.1. Require the Customer to move all of the goods and chattels store in the Storage Space to any alternative container or storage space on the Firm’s site as the Firm may select ("the Replacement Storage Space") and if the Firm exercises this right then the Agreement will continue on the footing that the Replacement Storage Space is the Storage Space referred to herein and that these General Conditions and the terms of the Agreement shall be construed accordingly.
4.2. Move the Storage Space to any position on the Firm’s site as they Firm may select.
4.3. Require the Customer to take a replacement Storage Space at the entire discretion of the Firm.
5. The Agreement may be terminated at any time by the Firm of the Customer by two weeks’ notice in writing or by the Firm without notice at any time following breaches of General Conditions 2, 3 or 4 hereof.
6. The Customer shall at all times during the subsistence if the Agreement be entitled to the use of a key for access to the Storage Space.
7. Save in respect of any death or personal injury caused by the Firm’s negligence, the Firm shall not be liable for the death or injury to the Customer or their servants or agents.
8. The Firm shall not be liable for damage to any property of the Customers nor for any liability whatsoever arising from the Customer’s use of the Storage Space.
9. If, following termination of the Agreement, any property belonging to the Customer remains in the Storage Space and the Customer fails to remove it within seven days of the termination date, then the Firm shall give the Customer fourteen days’ notice in writing, sent to the last known address of the Customer, requiring the Customer to remove such property and if the Customer fails to remove by the expiration date of such notice then the Firm may, as agent of the Customer, remove, sell or otherwise dispose of that property without any liability on the Firm to obtain the best, highest or reasonable price for the said property. At all times, the said property will be at the Customer’s risk and no liability shall fall on the Firm in respect of damage to or the destruction or disposal of the said property. The Customer shall indemnify the Firm against any liability incurred to any third party whose property is sold in the mistaken belief in good faith (which is to be presumed unless the contrary is proved) that the property belonged to the Customer. If having made all reasonable efforts to do so the Firm is unable to locate the Customer, then the firm may retain the proceeds of the sale absolutely unless the Customer claims them within two months of the date upon which the property was disposed of.
10. The Firm acknowledges receipt from the Customer of the Deposit and agrees to repay the same to the Customer at the end of the License Agreement and after deducting all arrears of the Storage Charge and any other sums which may be due from the Customer to the Firm under the Agreement or as a result of any breach by the Customer of any of the provisions of the General Conditions or the clauses contained in the Agreement.
10.1. The Customer is not entitled to repayment of the Deposit or any part thereof until after the end of the Agreement and no interest shall be due on any deposit held under this Agreement.
11. The Agreement is not intended to and does not create a tenancy and is personal to the Customer and is not assignable.
12. The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to the exclusive jurisdiction of the courts of England and Wales.
13. It is agreed by the Firm and the Customer that it is not intended to confer any rights on any third parties by virtue of the Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement unless otherwise specifically indicated in the Agreement.
14. Every provision of the Agreement and these General Conditions is severable and distinct from other provisions and if any provision is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remainder of any such provisions and the other provisions shall not be affected and shall remain in full force and effect.
15. The Agreement and the General Conditions together constitute the entire agreement between the Firm and the Customer with regard to the subject matter of the Agreement, and supersedes all prior discussions, agreements and understandings. The parties further agree that no statements or representations made by either party have been relied upon by the other party in entering into the Agreement.