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Last Updated: 5th January 2021
1. In this Licence, the following words have the following meanings:
The hours We permit access to the Unit (as displayed on site).
A customer who is not a domestic customer
The amount specified in Part 1 of this Licence
Any natural person who is acting for purposes which are outside his trade or profession
The start date specified in Part 1 of this Licence and thereafter on the corresponding date in each continuing period specified in Part 1 of this Licence (or if the period is four weekly, the first day in each four week period) or in each case on the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
Anything You store in the Unit at any time during this Licence
These conditions and the information set out in Part 1 of this Licence
Licence Commencement Date
The start date specified in Part 1 of this Licence
Licence End Date
The date specified in Part 1 of this Licence (if any) or if the licence continues on a periodic basis, the date of termination of this Licence in accordance with Condition 22 or 23
The Licence Fees
The amount specified in Part 1 of this Licence or as most recently notified to You by Us (which does not include insurance Administration Fees)
In respect of payment of each and every sum due under this Licence, payment on the Due Date and in respect of any sum being due under any other agreement between You and Us, payment within seven (7) days of that sum being demanded in writing
The premises on which the Unit is situated
The storage unit specified in Part 1 of this Licence or any alternative storage unit We may specify under Condition 11
We, us, our
The relevant storage company specified in Part 1 – e.g. Bonnyrigg Business Park
The customer named in the Licence
You may have other rights granted to You by law in addition to those set out in these Licence Conditions, which We may not exclude. These Terms and Conditions do not affect those other rights granted by law. If You wish to obtain further information about Your rights, You should speak to Your local Citizen’s Advice Bureau or Trading Standards Office.
2.1 So long as the Licence Fees are paid up to date, We will license You (but no other person) to use the Unit for the storage of Goods in the Unit in accordance with this Licence from the Licence Commencement Date until this Licence expires or is terminated.
2.2 You are deemed to have knowledge of the Goods in the Unit.
2.3 We do not have and will not be deemed to have knowledge of the Goods in the Unit, or of the nature, condition or state of repair of any such Goods.
2.4 This Licence shall not create a tenancy or lease or similar arrangement.
2.5 This Licence does not mean We are bailees, custodians or warehousemen of the Goods and You acknowledge that We do not take possession of the Goods.
3.1 You have the right to access the Unit at any time during the Access Hours for the purposes of depositing, removing, substituting or inspecting the Goods and Your regular inspection of the Unit for damage or unsuitability for the Goods. No access to the Unit will be permitted for any other purposes or outside Access Hours, unless We have agreed to extended or 24 hour access. 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 on a temporary basis to other reasonable Access times at any time without giving any prior notice. You will be entitled to terminate the Licence with immediate effect with no penalty if Your Access Hours are reduced on a permanent basis.
3.2 Only You and persons authorised in writing or accompanied by You will be allowed to have access to the Unit. You are responsible for the actions of anyone that You authorise to access the Site and for anyone that You allow to accompany You on to the Site. Any such person is Your agent for whose actions You are responsible for to Us and other users of units at 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 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 reasonable 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.
You are 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. You are not permitted to apply a padlock to the Unit in Our overlocking position and We may have any such padlock forcefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Site. We will not be responsible for locking any unlocked Unit or for looking after Your key. You should not leave Your key with and/or provide Your pin number to, 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 such person is Our employee or agent. We do not accept 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.
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:-
5.1 if We give You not less than seven (7) 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 (but We will give You notice as soon as practicable afterwards as long as We are not prevented by law from doing so):-
5.2.1 if We reasonably believe that the Unit contains any items described in Condition 8 or is being used in breach of Condition 9;
5.2.2 if We are required to do so by the Police, Fire Services, Local Authority, HM Revenue & Customs, Trading Standards or by a Court Order;
5.2.3 to obtain access in accordance with Conditions 11 (relocation) and 17 (sale of Goods if You default on payment);
5.2.4 for any purpose including that in Condition 5.1 if We believe it is necessary in an emergency;
5.2.5 to prevent injury or damage to persons or property; or
5.2.6 for the purpose of checking whether the Unit contains any items described in Condition 8 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.
You confirm that throughout this Licence, 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 Licence and that You act as a duly authorised agent of any such person. You will pay any costs We incur or claims made against Us if this is not true.
We may 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 at risk by the storage or continued storage of any such Goods.
You must not store or keep (and You must not allow any other person to store) any of the following in the Unit:-
8.1 food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
8.2 plants, 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 firearms, explosives, weapons, ammunition or any components of these;
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 compressed gases;
8.9 any illegal substances, illegal items or goods illegally obtained such as counterfeit goods, illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks);
8.10 goods which are environmentally harmful or that are a risk to the property of any person;
8.11 items which are irreplaceable or of high value requiring specialist storage, such as currency, jewellery, bullion, furs, deeds, bonds, securities, works of art, antiques, fine wines and items of personal sentimental value;
8.12 waste materials including any materials or goods for export deemed to be waste, such as used electrical equipment (unless tested and certified for re-use), used vehicles or used vehicle parts.
You will be liable under Condition 21 for any breach of this Condition 8.
You must ensure that Goods brought into storage are securely and properly packed or bottled and not otherwise in a condition that may cause damage or injury to the Unit or the Site or any other unit on the Site or any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances in any other way.
You must not (and You must not allow any other person to):-
9.1 use the Unit or do anything on the Site or in the Unit which may be or may become a nuisance to Us or the users of any other unit or any person on the Site;
9.2 use the Unit as offices or living accommodation or as a home or business address and not use the address of the site or Unit for receiving mail;
9.3 spray paint or do any mechanical work of any kind in the Unit;
9.4 attach anything to the internal or external surfaces of the Unit or paint or make any alteration to the Unit;
9.5 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;
9.6 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 (which includes by removal, haulage or delivery contractors) and if You cause any damage You must (at Our option) repair, restore or replace such damage or item or reimburse the reasonable costs of making necessary repairs, restoration or replacement or make proper compensation to other unit users at the Site;
9.7 leave anything in or obstruct or block any passageway, stairway, service area or other part of the Site and You must at all times be courteous to others and take reasonable care for Your own safety and that of others in using these areas;
9.8 leave on Site any waste or refuse that is created by storing the Goods and You will be charged the reasonable costs of disposing of such waste or refuse if You do not comply with this Condition;
9.9 connect or provide any utilities or services to the Unit unless authorised in advance in writing by Us;
9.10 use or do anything at the Site or in the Unit which may invalidate or increase premiums under any insurance policies taken out by Us or any other person;
9.11 ignore any regulations in force from time to time at the Site and in particular You undertake to observe and comply with the “No Smoking” policy that is in effect for every unit at the Site and its common parts;
9.12 display any signs at the Site or on the windows or doors of Your Unit without Our written consent; or
9.13 distribute any leaflets or promotional materials to other customers at the Site whether direct to the units or in the common parts.
You must (and You will ensure that anyone authorised by You to access the Site 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 of any damage or defect to the Unit as soon as You become aware of it;
10.3 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.
This Licence shall not confer on You any right to exclusive possession of the Unit.
11.1 We reserve the right to relocate You to another unit specified by Us, which shall not be smaller than the current Unit:
11.1.1 by giving 14 days’ notice during which You can elect to terminate the Licence under Condition 23; or
11.1.2 by giving 14 days’ notice if We close the Site or any part of the Site for redevelopment, in which case We may require You to move the Goods from the Unit to another unit at another site which We shall try to ensure is as near as possible to the Site in the given circumstances; or
11.1.3 on shorter notice 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.
You must pay Us the Licence Fees for the minimum period of storage (if applicable) or otherwise the charge period specified in Part 1 on signature of this Licence. After that, You must pay the Licence Fees in advance on each Due Date.
12.1 If Your storage contract is linked to a minimum stay and You leave before this stay ends You will be liable for all charges to the end of the agreed minimum stay period (i.e. up to the earliest vacate date). If you enter into a Fixed or Flexible Licence Agreement with us (as detailed in Licence Type: Part 1 of this Licence) at the expiry of the Fixed Term or Discount Period the Storage Fee will change automatically to the Current Standard Variable Rate on our website on the expiry day with no separate communication to you.
12.2 If You do not pay any Licence Fees by the Due Date then We may immediately without notice to You withdraw any further discounts, deductions, business services (if applicable) or other rebates on the Licence Fees which We have agreed to grant to You.
12.3 In support of Our Green policy, We will not print or post invoices to Our customers. However, if requested, invoices will be sent via email.
We may alter the Licence Fees at any time by giving You at least 20 days written notice and the new Fees shall take effect on the day after this 20 day notice period. You may terminate this Licence without charge at any time before the new Fees take effect.
No payment will have been made until We have received clear funds. It is Your responsibility to see that payment is made directly to Us on time and in full throughout the period of storage. Any Licence Fees paid by direct transfer will not be credited to Your account unless You identify the payment clearly and as directed by Us so We can see it relates to Your account. We shall have no liability to You and You will cover any reasonable costs or losses incurred by Us if We take steps to enforce the Licence (including the sale of Goods) due to Your failure to identify a payment.
14.1 In the event that any cheque or direct debit is dishonoured, We will charge You an administrative charge of £15 each time the cheque is returned or direct debit is not allowed.
14.2 If You do not pay the Licence Fees by the Due Date then We will charge You Our standard late payment fees based on the length of time the payment is overdue as notified to You in Our late letters.
14.3 You will be responsible for and agree to pay any costs incurred by Us in collecting late or unpaid Licence Fees, or in enforcing this Licence 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.
14.4 Where You have more than one licence with Us, all will form one account with Us and We may in Our sole discretion choose to apply any payment made by You or on Your behalf for this Licence against any debt due from You to Us on any licence in the account.
14.5 If You make a part payment of any of the Licence Fees outstanding under this Licence 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 Licence in respect of the Licence Fees which remain outstanding from You. The time period from which We may take such action will still start from the Due Date on which the original Licence Fees were due and the Due Date will not be extended as a result of Your part payment.
All sums payable to Us under the Licence will become due immediately upon termination of the Licence unless You have terminated this Licence due to Our negligence. Any calculation of the outstanding fees will be made by Us.
16.1 You must pay Us the Deposit on Your signature of this Licence. We may deduct from the Deposit any reasonable amount We may in Our sole discretion require to cover:-
16.1.1 any breach of Condition 9.6 (damage caused by You or Your agents);
16.1.2 any of the Licence Fees which have not been paid or any unpaid removal or other charges; or
16.1.3 any other obligation to Us that You have not performed.
16.2 We will return the balance of the Deposit to You (without interest) by credit card or electronic transfer, subject to the way You previously paid Your Licence Fee, no more than 21 days after this Licence terminates. If We are unable to process the repayment following vacation, unclaimed deposits and credit balances will be forfeited after 12 months.
16.3 If We deduct any monies from the Deposit You shall on request without delay make up the difference so that the Deposit balance is not reduced.
We take the issue of Prompt Payment very seriously and We have a right of lien over the Goods. A lien means that We have a right to retain the Goods until We have received full payment of the sums due to Us and We may sell or dispose of the Goods as described below. The lien lasts until the payment in full has been received by Us in cash, by bank transfer or when a cheque has been paid by Your bank.
Because the nature and type of goods being stored by You from time to time is entirely within Your discretion (subject to the restrictions in Conditions 7 and 8) You must ensure that the Unit is suitable for the storage of the goods that You store or intend to store in it. We cannot guarantee and make no assurance that any unit allocated to You is a suitable place or means of storage for any particular goods and accept no liability in this regard. We strongly advise You to inspect the Unit before storing Goods in the Unit and from time to time throughout the period of this Licence. All Unit sizes are approximate and there may be small variations in Your Unit size from those described and We accept no responsibility for such inaccuracies. If You have exact requirements, You are required to ensure the size of the Unit allocated is correct with the Site before signing the Licence. In signing this Licence You agree to the actual size of the unit You use and not any represented unit size.
Please note that We do not insure the Goods whilst they are on Site, although please note that We can arrange insurance cover for the Goods. It is a condition of this Licence that the Goods remain insured at all times while they are in storage against all Normal Perils for their Full Replacement Value as New as specified by You in Part 1. Normal Perils in this Condition mean actual loss of or damage to Goods caused by fire, lightning, explosion, earthquake, storm, flood, escape of water from any apparatus, theft by violent or forcible means, subsidence, riot and civil commotion, malicious damage, impact by vehicles, aircraft or aerial devices, vermin damage, collapse or partial collapse of building.
19.1 You undertake to Us that:
19.1.1 prior to bringing the Goods onto the Site You have taken out adequate insurance in respect of the Goods under a policy which covers at least Normal Perils (as set out above) with a reputable insurance company and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site and You acknowledge that You shall be responsible for all uninsured risks including Normal Perils;
19.1.2 the insurance cover that You take out is for a sum which is at least equal to the full new for old replacement value of the Goods stored in the Unit from time to time; and
19.1.3 You will supply Us with evidence that You have taken out such insurance cover before You bring the Goods onto Site and promptly if We request You to provide evidence of such cover throughout the period of the Licence.
19.2 We do not give any advice concerning insurance even if it is facilitated by Us and it is for You to make Your own judgment whether such insurance is appropriate to cover the Goods and risks to them. Inspection by Us of any insurance documents provided by You to demonstrate cover does not mean We have approved the cover or confirmed it is sufficient.
19.3 In order to give You more protection, We may offer You the opportunity to benefit from cover under Our open cover insurance policy. If We agree to do this, then Condition 37 shall apply.
Without limiting Conditions 20.1 and 20.2, storage of Goods in the Unit is at Your sole risk. You will be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods except where it is caused by Our negligence or breach of contract. As described in Condition 19, You must ensure that the Goods are insured at all times.
20.1 Nothing in this Licence is intended to limit Our liability to You where it would be unlawful to do so. This includes liability for physical injury to, or the death of, any person resulting directly from Our negligence or for fraud or wilful default or that of Our agents or employees.
20.2 Subject to Condition 20.1, Our total liability to You for theft, damage to, and deterioration of the Goods or other loss shall be limited to the sum of £100 (which We consider standard excess on household insurance cover, whether or not that policy would cover the Goods), even if the actual loss You suffer is more than that.
20.3 Subject to Conditions 20.1 and 20.2 above, We exclude all liability in respect of loss or damage:
20.3.1 caused by Us or Our employees or agents in circumstances where there is no breach of legal duty or care owed to You by Us or by any of Our employees or agents;
20.3.2 that is not a reasonably foreseeable result of any breach ( and something is reasonably foreseeable either if it is obvious it will happen or, if at the time this Licence was signed, both We and You knew that the loss or damage might happen);
20.3.3 if You are using the Unit in part or in whole for commercial purposes, for loss of profits (whether direct or indirect), loss of business opportunity, loss of goodwill, loss of contract nor for other economic loss (direct or indirect); or
20.3.4 which arises from or to the extent it is increased as a result of a breach by You of any term of the Licence.
20.4 For Normal Perils Your responsibility shall be limited to the excess on Your insurance cover.
20.5 You confirm that:
20.5.1 You have agreed on Part 1 of this Licence the full replacement value as new of all the Goods;
20.5.2 the full replacement value as new of the Goods stored in the Unit from time to time will not exceed that value unless You have agreed this in writing with Us.
Version: January 2021