1. Definitions
Commencement Date: the date specified in the Schedule.
Deposit: the amount specified in the Schedule (which shall be equal to one month’s Licence Fees).
Due Date: the date specified as the Commencement Date in the Schedule and thereafter the corresponding date every four (4) weeks or in each case the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
Goods: anything that You bring on the Site and store in the Unit.
Licence: these terms and conditions and the information set out in the Schedule.
Licence Fees: the amount specified in the Schedule which is subject to VAT at the prevailing rate at the time of charging.
Schedule: the schedule detailing the particulars of Your Licence agreement with Us.
Site: the premises on which the Unit is situated.
Prohibited Items: those items specified in Sub-Clause 6.3 of Clause 6 (Use of the Unit and Site).
Unit: the storage unit specified in the Schedule or any alternative storage unit We may specify under Clause 7 (Alternative Unit).
We, Us, Our: Bedwas Self Storage Limited.
You, Your: the Customer named in the Schedule
2. Your Right to Occupy
6. Use of the Unit and the Site
12. Termination
14. Insurance
19. This Licence constitutes the entire agreement between You and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by Us whether negligently or not, which is not set out in this Licence.
20. Any delay by Us in exercising any of Our rights under this Licence 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.
21. This Licence is personal to You. It is a condition of this Licence that You may not assign any of Your rights under this Licence or part with possession of the Unit to any other person, firm or company.
22. This Licence shall not create a tenancy or lease or similar arrangement.
23. Where You are two or more persons Your obligations under this Licence shall be obligations of each of You jointly and separately.
24. No variation of the terms and conditions of this Licence will be effective unless expressly accepted in writing by Us. We reserve the right at any time to modify this Licence and to change or impose new or additional terms and conditions on Your Licence. Such modifications and or additional terms and conditions will be notified to You in writing by post or email giving You four (4) weeks written notice of their effective date. Your continued use of the Storage facility will be deemed acceptance thereof. You may terminate this Licence without charge at any time before the new terms and conditions take effect.
25. Every provision in these terms and conditions is severable and distinct from every other provisional any 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.
26. We will process the information given by You in the Licence in accordance with the Data Protection Act 1998. Your data will be used for the purpose of this Licence. We will only release Your information if in Our sole discretion We believe it is necessary to comply with the Law, for fraud protection, or to protect the safety of any person at the site or the security of any other unit or its contents.
27. No one other than You or Us shall have any rights under this Licence. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Licence.
28. This Licence and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the Laws of England and Wales and You and We submit to the exclusive jurisdiction of the courts of England and Wales.
- In these terms and conditions the following words have the following meanings:
Commencement Date: the date specified in the Schedule.
Deposit: the amount specified in the Schedule (which shall be equal to one month’s Licence Fees).
Due Date: the date specified as the Commencement Date in the Schedule and thereafter the corresponding date every four (4) weeks or in each case the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
Goods: anything that You bring on the Site and store in the Unit.
Licence: these terms and conditions and the information set out in the Schedule.
Licence Fees: the amount specified in the Schedule which is subject to VAT at the prevailing rate at the time of charging.
Schedule: the schedule detailing the particulars of Your Licence agreement with Us.
Site: the premises on which the Unit is situated.
Prohibited Items: those items specified in Sub-Clause 6.3 of Clause 6 (Use of the Unit and Site).
Unit: the storage unit specified in the Schedule or any alternative storage unit We may specify under Clause 7 (Alternative Unit).
We, Us, Our: Bedwas Self Storage Limited.
You, Your: the Customer named in the Schedule
2. Your Right to Occupy
- We permit You but no other person to use the Unit in accordance with this Licence from the Commencement Date until this Licence is terminated.
- Because the nature and type of Goods being stored by You from time to time is entirely within Your discretion (subject to Sub-Clause 6.2 and 6.3 of Clause 6 (Use of the Unit and Site)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 that any unit allocated to You is a suitable place or means of storage for any particular goods. You must inspect the Unit before storing any Goods and inform Us if You believe the Unit is damaged or unsuitable for Your requirements in any way. Unless You inform Us otherwise the Unit will be deemed to be suitable for You and in good condition at the Commencement Date. We strongly advise You to inspect the Unit from time to time throughout the period of this Licence.
- 4.1 You may have access to the Unit at anytime 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. We will try to provide advance warning of changes to Access Hours by notices on Site, but We reserve the right to change Access Hours to other reasonable access times at any time without giving any prior notice.
- 4.2 Only You and persons authorised in writing or accompanied by You will be permitted to have access to the Unit. Any such person is Your agent and You are responsible and liable to Us 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. 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.
- 4.3 We are responsible for providing a padlock and two padlock keys for the Unit. You must ensure that the Unit is locked so as to be secure from unauthorised entry at all times when You are not in attendance. We will not be responsible for locking any unlocked Unit or for looking after Your key. You should not leave Your key with or permit access to Your Unit to any person other than someone authorised by You and subject to Your control and if You do so, You do so at Your own risk. We will retain a master key to the padlock in terms of access.
- 4.4 We do not hold any spare padlock keys specific for your padlock. If You lose the padlock keys which We supply to You then You will be responsible for the cost of re-provision of a further new padlock and two padlock keys. The minimum charge for this re-provision is one hundred and twenty five pounds (£125).
- 5.1 You 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 if We give You not less than one (1) weeks notice so that We may inspect the Unit or carry out repairs, maintenance and alterations to the Unit or any other unit or part of the Site or ensure compliance with this Licence or for any other purpose.
- 5.2 We may enter the Unit at any time without notifying You and if necessary We may break the lock to gain entry:-
- (a) if We reasonably believe that the Unit contains Prohibited Items (Sub-Clause 6.3 of Clause 6 (Use of the Unit and Site)) or is being used in breach of Sub-Clause 6.4 of Clause 6 (Use of the Unit and Site);
- (b) for the purpose of ascertaining whether the Unit contains any items described in Sub-Clause 6.3 of Clause 6 (Use of the Unit and Site);
- (c) if We are required to do so by the Police, Fire Services, Local Authority, a Court Order or any order by a public authority;
- (d) if We believe it is necessary in an emergency;
- (e) to obtain access in accordance with Clause 7 (Alternative Unit) and Clause 11 (Non Payment of Licence Fees);
- (f) to prevent injury or damage to persons or property.
6. Use of the Unit and the Site
- 6.1 You warrant that throughout this Licence the Goods You are storing in the Unit are Your own property or that the person who owns or has interest in them has given You irrevocable authority to store the Goods in the Unit on the terms and conditions in this Licence. You shall indemnify Us for any costs We incur or claims made against Us for breach of this warranty.
- 6.2 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
- 6.3 You must not store (and You must not allow any other person to store) any of the following in the Unit:
- (a) PERISHABLE items including perishable food unless securely packed so that they are protected from and do not attract vermin;
- (b) LIVING or dead animals, birds, fish, reptiles or any other living creatures;
- (c) HARZARDOUS, combustible, flammable, damaging or explosive goods, including materials, chemicals and liquids such as compressed gases (aerosols, gas bottles), paint, petrol, oil or cleaning solvents;
- (d) FIREARMS, explosives, weapons or ammunition or the components thereof;
- (e) POLLUTANTS, chemicals, radioactive materials, biological agents, toxic waste, asbestos or any other materials of a potentially dangerous or toxic nature, any items which emit any fumes, smells or odour;
- (f) ILLEGAL substances, illegal items or goods illegally obtained, drugs, pornographic material or any goods prohibited by the law or regulation of any government or public or local authority or goods that require special licence or government consent for export or import.
- 6.4 You must not (and You must not allow any other person to):-
- (a) use the Unit to do anything on the Site or in the Unit which may be a nuisance to Us or to the users of any other Unit or person on the Site;
- (b) do anything on the Site or in the Unit which may invalidate any of Our insurance policies (or those of other Unit users) or increase the premiums;
- (c) use the Unit as offices or 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;
- (d) spray paint or do any mechanical work of any kind in the Unit;
- (e) attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
- (f) 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;
- (g) 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 and if You cause any damage You must (at Our option) repair, restore or replace such damage or item or reimburse Our costs of making necessary repairs, restoration or replacement;
- (h) cause any obstruction or undue hindrance to 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;
- (i) Connect or provide any utilities or services to the Unit unless authorised in advance in writing by Us;
- (j) Leave any waste or refuse that it created by storing the goods and You will be charged reasonable costs of disposal of such waste or refuse if You fail to comply with this undertaking.
- (k) breach H M Revenue & Customs regulations relating to Goods stored and You undertake to indemnify Us and keep Us indemnified against all actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of the same.
- 6.5 You must (and You will ensure that anyone authorised by You must):
- (a) Use reasonable care when at the Site or using the unit and take all reasonable care in respect of the Unit, the Site and the property of Us or any other unit, other customers, or any other person at the Site;
- (b) inform Us of any damage or defect to the Unit as soon as You become aware of it;
- (c) comply with the directions or any of Our employees, agents or contractors at the Site and any further regulations for use safety and security of the Unit which We may issue from time to time;
- (d) Pay for the reasonable costs of repairs or cleaning or making good to Your unit or Our Site of any damage caused by You or Your agents or by the Goods stored in the Unit.
- 6.6 You have agreed in the Schedule the total value of all the Goods stored in the Unit. The total value 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.
- 7.1 This Licence shall not confer on You any right to exclusive possession of the Unit. We may at any time by giving You one (1) weeks written notice require You to remove the Goods from one Unit to another unit specified by Us. The alternative Unit shall be of a similar size to the current Unit.
- 7.2 Removal of the Goods from the current Unit to the alternative unit will be at Your expense (unless otherwise agreed by Us in writing). If You do not arrange the removal of the Goods to the alternative unit by the time specified in the notice, We and Our agents or contractors may enter the Unit and arrange for the Goods to be moved. In doing so We and Our agents or contractors will act on Your behalf and the removal will be at Your risk.
- 7.3 If the Goods are moved to an alternative unit, this Licence will be varied by the substitution of the alternative unit number but this Licence will otherwise continue in full force and effect and the Licence Fees will continue to apply to the alternative unit.
- 8.1 You must pay Us the Deposit when You sign this Licence. The Deposit will be returned to You (without interest) by electronic transfer to a debit card or credit card (no refunds will be given in cash) within three (3) weeks after this Licence terminates less any amount We may deduct to cover:
- (a) Any breach of Clause 6 (Use of the Unit and the Site);
- (b) any unpaid Licence Fees or any other charges;
- (c) any other obligation to Us that You have not discharged in full.
- 9.1 You must pay Us the Licence Fees on the Due Date as set out in the Schedule. No payment will have been made until We have received clear funds.
- 9.2 If You do not pay the Licence Fees on the Due Date, You will immediately become liable to pay a late payment charge equal to ten percent of the Licence Fees (subject to minimum charge of ten pounds (£10)) for each period of two (2) weeks or any part of it that the Licence Fees (including any late payment or other charges) remain unpaid after the Due Date.
- 9.3 In the event that the amount submitted by You by way of payment of the Licence Fees is dishonoured, We may charge You an administration fee of twenty five pounds (£25). Furthermore once a payment method has been dishonoured We can no longer accept payment in this form and require settlement of Your outstanding account by cash, debit card or credit card.
- We may alter the Licence Fees at any time by giving You at least four (4) weeks written notice and the new Fees shall take effect after this four (4) week notice period. You may terminate this Licence without charge at any time before the new Fees take effect.
- 11.1 If any sum payable under the Licence is not paid when due then in addition to any other rights We may have, We will be entitled to suspend Your access rights to the Unit and the Site. Furthermore We may break the lock on the Unit and install a new lock, whether or not We have exercised Our right to terminate this Licence. Exercising Our right to suspend Your access rights from the Unit and the Site does not affect Your obligation to pay any sum, payable under this Licence. Furthermore the Goods are left in the Unit at Your sole risk. We exclude any liability in respect of the goods when any sum payable under this Licence is overdue and exclude any duty of care howsoever arising.
- 11.2 If any sum payable under the Licence is still outstanding one month after the service of written notice from Us requiring You to pay all outstanding amounts in full, We have the right to:
- (a) Recover possession of the Unit and remove all the Goods to any alternative storage facilities that We may decide without incurring any liability for loss of damage to the Goods arising from the removal and alternative storage;
- (b) charge You for all reasonable costs incurred by Us in moving and storing the Goods, together with any repeated costs if We require to move Goods at anytime time afterwards;
- (c) if any sum payable under the Licence remains unpaid having given You a further two (2) weeks written notice We may sell some or all the Goods on Your behalf and pass good title to them to discharge any outstanding sums due to Us and to cover the cost of the sale. If the proceeds of the 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;
- (d) treat any Goods not sold as abandoned and destroy or otherwise dispose of them.
12. Termination
- 12.1 Either You or We may terminate this Licence by giving no less than two (2) weeks written notice. Any Licence Fees paid in advance will be refunded but We may make deductions from them if they were a Deposit in accordance with Clause 8 (Deposit).
- 12.2 If You breach this Licence and You do not rectify the breach within two (2) weeks of Us notifying You of the breach then We may terminate this Licence with immediate effect.
- 12.3 If We breach this Licence and We do not rectify the breach within two (2) weeks of You notifying Us of the breach then You may terminate this Licence with immediate effect.
- 13.1 On termination of this Licence 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. You will also be responsible for the removal of any rubbish You create during this Licence, We do not provide waste bins for Your use. If You leave rubbish on the Site a charge will be applied to Your account for the cost of its removal. If You do not do so You shall pay Our reasonable costs of cleaning the Unit or disposing of any Goods or rubbish left in the Unit or on the Site.
- 13.2 We may treat any Goods remaining in the Unit after the termination date as abandoned and may dispose of them in accordance with Sub-Clause 11.2 of Clause 11 (Non-Payment of Licence Fees).
14. Insurance
- 14.1 Please note that We do not insure the Goods whilst they are on Site. Storage of Goods in the Unit is at Your sole risk. It is a condition of this Licence that You undertake to Us that prior to bringing the Goods onto Site You have taken out adequate insurance in respect of the Goods under a policy which at least covers Normal Perils (as set out below) 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.
- 14.2 Normal Perils in this Clause 14 means loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, escape of water, moth, insect or vermin damage, theft, riot, strike, civil commotion, malicious damage, and impact by vehicles.
- 14.3 We strongly recommend that the insurance cover that You take out is for a sum which is at least equal to the replacement value of the Goods stored in the Unit from time to time and may require You to provide evidence of such insurance cover prior to granting You access to the Unit and while Your goods remain on site.
- 15.1 Nothing in the Licence is intended to limit Our liability to You for physical injury or death of any person directly resulting from Our negligence of wilful default or that Our agents or contractors or exclude any liability which cannot be excluded by Law.
- 15.2 Notwithstanding Clause 15.1 above We exclude all liability in respect of any loss (including indirect loss, loss of profits or business interruption) or damage relating 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 agents or contractors.
- 15.3 Any other representations, conditions, warranties or other terms, whether written or oral, express of implied, statutory or otherwise which are or may be inconsistent with this Clause 15 are expressly excluded.
- 15.4 To the extent that Our liability to you is not limited under clauses 15.2 and 15.3 above, Our total financial responsibility to You however arising will come to no more than one hundred percent (100%) of the value of the Goods as set out by You in the Schedule, even if the actual loss you suffer is more than that.
- 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 agents or contractors or other customers which arise out of the use of Your Unit or the Site by You or any of Your servants, agents or invitees or any other person that You allow access to the Site; or arises out of any breach by You of this Licence.
- 17.1 Any notice given under this Licence must be in writing and may be served by personal delivery, pre-paid post or by email.
- 17.2 Any notice to You shall be addressed to You and hand delivered, posted or emailed to Your address / email address set out in the Schedule. You shall notify Us promptly of any change in Your address / email address shown in the Schedule.
- 17.3 Any notice to Us shall be addressed to Us and hand delivered, posted or emailed to Our address / email address set out in the Schedule. We shall notify You promptly of any change in Our address / email address shown in the Schedule.
- 17.4 The date of service of the notice shall be deemed to be the date on the face of the actual notice or the date the email was sent.
- In certain cases We may not be able to allow You access to the Unit or Site, or carry out some of Our other obligations because of something that is outside Our reasonable control. This could include any natural disaster, extreme adverse weather conditions, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant, machinery, computers, vehicles or the Internet, fire, explosion, flood, interruption or failure of utility service, including but not limited to electrical power, gas or water, war, threat of or preparation for war, armed conflict, act of terrorism, environmental or health emergency or hazard, arrest or seizure or confiscation of Goods by competent authorities, or compliance with any law. If this happens then We will not be liable to You for so long as the event continues for failing to allow access to Your Goods. We will try to minimise any effects arising from such circumstances, but if We have not managed to resolve the situation within 3 weeks You will be entitled to terminate the Licence without charge and to remove Your Goods at the earliest available opportunity.
19. This Licence constitutes the entire agreement between You and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by Us whether negligently or not, which is not set out in this Licence.
20. Any delay by Us in exercising any of Our rights under this Licence 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.
21. This Licence is personal to You. It is a condition of this Licence that You may not assign any of Your rights under this Licence or part with possession of the Unit to any other person, firm or company.
22. This Licence shall not create a tenancy or lease or similar arrangement.
23. Where You are two or more persons Your obligations under this Licence shall be obligations of each of You jointly and separately.
24. No variation of the terms and conditions of this Licence will be effective unless expressly accepted in writing by Us. We reserve the right at any time to modify this Licence and to change or impose new or additional terms and conditions on Your Licence. Such modifications and or additional terms and conditions will be notified to You in writing by post or email giving You four (4) weeks written notice of their effective date. Your continued use of the Storage facility will be deemed acceptance thereof. You may terminate this Licence without charge at any time before the new terms and conditions take effect.
25. Every provision in these terms and conditions is severable and distinct from every other provisional any 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.
26. We will process the information given by You in the Licence in accordance with the Data Protection Act 1998. Your data will be used for the purpose of this Licence. We will only release Your information if in Our sole discretion We believe it is necessary to comply with the Law, for fraud protection, or to protect the safety of any person at the site or the security of any other unit or its contents.
27. No one other than You or Us shall have any rights under this Licence. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Licence.
28. This Licence and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the Laws of England and Wales and You and We submit to the exclusive jurisdiction of the courts of England and Wales.