Terms and Conditions

TERMS AND CONDITIONS OF STORAGE WITH CHRISTCHURCH SELF STORE LTD

DEFINITIONS
1.    In these terms and conditions the following words have the following meanings:
       You, your:        the customer named in the schedule.
       We, us, our:    Christchurch Self Store Ltd.
       Goods:        anything you bring onto the site and store in the unit(s).
       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 site on which the unit is situated.
       Access Hours:    For access hours see office opening and closing times. Last entry will be accepted half an hour before closing. The site will not be open Bank holidays, Christmas Eve, New Years Eve or Easter Saturday.
       Prohibited items:    Those items specified in condition 10.
       Deposit:        the amount specified in the schedule.
       Rental:        the amount specified in the schedule.

YOUR RIGHT TO OCCUPY

2. On permit you but no other person to use the unit(s) in accordance with these terms and conditions from the commencement date until this agreement is terminated.

INSPECTION

3. You must inspect the unit(s) before storing any goods and inform us if you believe it to be damaged or unsuitable for your requirements in any way. If you do not do so the unit(s) will be deemed to be suitable for you and in good condition from the commencement date.

ACCESS TO THE UNIT(S) BY YOU AND BY US

4. You may have access to the unit(s) at any time during the access hours. Access to the unit(s) may be permitted outside these hours with prior agreement and at an added cost. We may change the access hours at any time without giving any prior notice.

5. Only you and persons authorised in writing or accompanied by you will be permitted to have access to the unit(s). 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.

6. You are responsible for providing a padlock(s) for the unit(s) and you must ensure that it is/they are locked at all times when you are not in attendance. We will not be responsible for locking any unlocked unit(s).

7. You will permit us (and our agents or workmen) to enter the unit(s) at any time in an emergency and otherwise if we give you not less than seven days notice so that we may inspect or carry out repairs, maintenance and alterations to the unit(s) or any other unit or part of the site or ensure compliance with these terms and conditions or for any other purpose.

8.    We may enter the unit(s) at any time without notifying you (and if necessary we may break the lock to gain entry): -
(i)    if we believe that the unit(s) contain(s) prohibited items or is being used in breach of these terms and conditions;
(ii)     if we are required to do so by the Police, Fire Services, Local Authority or by a Court Order;
(iii)     if we believe it is necessary in an emergency;
(iv)     to obtain access in accordance with Conditions 7, 14, 20 and 21;
(v)     to prevent injury or damage to persons or property; or
(vi)     if we are of the opinion that any of the above apply, for the purposes of ascertaining this.

USE OF THE UNIT(S) AND SITE

9. You warrant that the goods you are storing in the unit(s) 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(s).

10.    You may only use the unit(s) 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(s): -
(i)    food or other perishable goods unless securely packed so that they are protected from vermin;
(ii)    birds, fish, animals or any other living creatures;
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)    any illegal substances, illegal items or goods illegally obtained;
(ix)    compressed gases.

11.    You must not (and you must not allow any person to): -
(i)    use the unit(s) or do anything on the site or in the unit(s) which may be a nuisance to us or to other users of any other unit(s);
(ii)    do anything on the site or in the unit(s) that may invalidate any of our insurance policies (or those of other unit(s) users) or increase the premiums;
(iii)    use the unit(s) as office or living accommodation or as a home or business address;
(iv)    spray paint or do any mechanical work of any kind in the unit(s);
(v)    attach anything to the walls, ceiling, floor or doors of the unit(s) or make any alteration to the unit(s);
(vi)    allow any liquid, substance, smell or odour to escape from the unit(s) or any noise to be audible or any vibration to be felt outside the unit(s);
(vii)    cause any damage to the unit(s) or any other unit(s) or the site or its facilities or to the property and possessions of us or any other customers. If you cause any damage you must (at our option) repair, restore or replace such damaged item or reimburse our costs in making any necessary repairs, restoration or replacement;
(viii)    cause any obstruction or any undue hindrance in any passageway, stairway, service area or any other part of the Site and you must at all times exercise courtesy to others using these areas.

12.    You must:-
(i)    inform us immediately of any damage to the unit(s);
(ii)    comply with the directions of any of our employees or agents at the site and any further regulations for the use of the unit(s) that we may issue from time to time.

13. We may at anytime giving you by seven days’ written notice require you to remove your goods from one unit(s) to another unit(s) specified by us. The alternative unit(s) shall be of similar size to the current unit(s).

14. Removal of your goods from the current unit(s) to the alternative unit(s) will be at your expense. If you do not arrange the removal of your goods to the alternative unit(s) by the time specified in the notice, we may enter the unit(s) and arrange for the goods to be so moved. Any removal arranged by us will be at your risk (except for loss or damage 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(s) this agreement will be varied by the substitution of the alternative unit(s) number(s) but this agreement will otherwise continue in full force and effect and the license fees will continue to apply to the alternative unit(s).

DEPOSIT

16.    You must pay us the deposit 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(s) or any other unit(s) caused by you, your agents or invitees or by goods stored in the unit(s);
(ii)    any unpaid license fees or removal charges or any other charges;
(iii)    any other obligations to us that you have not discharge in full.

LICENSE FEES

17. You must pay us the license fees from the day of occupation until 4 weeks from that date and on the due date of each and every invoice.

18. In the event that any cheque is dishonoured or your debit/credit card not authorised or that the license fees are more then 4 weeks in arrears, we may make a further charge of £12 on each occasion that your cheque is returned or we are unable to process the debit/credit card payment or a payment request letter is sent. Any further correspondence relating to late payments will be charged at £12 per letter.

INCREASES

19. We may alter the licence fees at any time by giving you written notice and the new licence fees shall take effects on the first due date occurring not less than four weeks after the date of notice.

NON-PAYMENT OF LICENCE FEES

20. 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 site and from the unit and we may break the lock(s) on the unit(s) and install a new lock(s), whether or not we have exercised our right to terminate this agreement. Exercising our right to exclude you from the site and the unit(s) does not affect your obligation to pay any unpaid or future licence fees or late payment charges.

21.    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(s) 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 in sub-Condition 21 (i), remove all the goods in the Unit(s) to any alternative storage facilities that we may decide without 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(s) and alternative storage costs together with any repeated costs if we require to move the goods at any time afterwards;
(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

22. Either you or we may terminate this agreement by giving not less than two weeks’ written notice to expire on the last day of your licence fee week (e.g. if your licence fee period starts on a Wednesday then the last day would be a Tuesday). Any licence fees paid in advance will be refunded but we may make deductions from them as if they were a deposit under Condition 16.

23. 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.

24. We may terminate this agreement immediately by giving you written notice if you are in breach of any term of this agreement.
ON TERMINATION

25. On termination of this agreement you must remove all goods from the unit(s) and leave the unit(s) clean and tidy and in the same condition as at the commencement date. We may charge you if we have to clean the unit(s) or dispose of any goods or rubbish remaining in the unit(s) or on the site.

26. We may treat any goods remaining in the unit(s) after termination as abandoned and may dispose of them in accordance with Conditions 21(iv) and (vi).

YOUR RESPONSIBILITY

27.    It will be your sole responsibility to:-
(i)    Declare to us in writing, the value of the goods being stored. If it is subsequently established that the value of the goods stored is greater than the actual value you declare, you agree that our liability under clause 30 will be reduced to reflect the proportion that your declared value bears to their actual value;
(ii)    Be present or represented during the collection and delivery;
(iii)    Provide us with a contact address for correspondence during removal transit and/or storage of goods;
    Other than by reason of our negligence or breach of contract, we will not be liable for any loss or
    damage, costs or additional charges that may arise from failure to discharge these responsibilities.

LIMITED LIABILITY

28. In the event of loss of or damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of £40 per item. Your attention is drawn to clause 32, which applies to Limited Liability.

29. If you do not provide us with a declaration of value, or if you do not require us to accept Standard Liability pursuant to clause 30, then our liability to you is to be determined in accordance with Clauses 28, 31 and 32-36.

STANDARD LIABILITY

30. If you provide us with a declaration of the value of your goods, and subject to clause 27(i), the amount of our liability to you in the event of loss or damage to those goods will be determined in accordance with Clauses 31 and 32-36 below, subject to a maximum average liability of £2,500 per unit, £1,250 per half unit. We may agree to accept liability for a higher amount, in which case our charges may increase.

31. Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.

EXCLUSIONS OF LIABILITY

32. In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract.

33.    In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods :-
(i)    Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones
(ii)    Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
(iii)    Perishable items and/or those requiring a controlled environment.
(iv)    Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
(v)    Any animals, birds or fish.

34.    In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-
(i)    By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control.
(ii)    Loss or damage arising from ionising radiations or radioactive contamination
(iii)    Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack
(iv)    Indirect or consequential loss of any kind or description
(v)    By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
(vi)    By vermin, moth, insects and similar infestation, damp, mould, mildew or rust
(vii)    By change to atmospheric or climatic conditions.
(viii)    For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment.
(ix)    Loss or theft of items other than following violent and forcible entry to or exit from the storage premises.
(x)    Accidental damage unless we have been negligent or in breach of contract.
(xi)    No employee of ours shall be separately liable to you for any loss, damage, errors or omissions under the terms of this Agreement

35. We shall not be liable for any loss (including consequential or economic loss) or damage to the goods stored in the unit(s), whether or not the loss or damage is due to any act or omission, negligence or wilful default by us or by any of our employees 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, expressed or implied, statutory or otherwise which are or maybe inconsistent with this Condition are expressly excluded.

36. The exclusion of liability in Condition 35 does not apply where the damage suffered by you is a direct result of our negligence or wilful default or that of our employees or agents and which causes physical injury to or the death of any person.

TIME LIMIT FOR CLAIMS

37. For goods collected you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of collection.

38. Notwithstanding clauses 17, 18, 30 and 31 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.

39. The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.

INDEMNITY

40. 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(s) 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

41. Any notice given under this agreement must be in writing and may be served by personal delivery, or by prepaid 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

42. 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, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, materials 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(s).

GENERAL

43. 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.

44. You may not assign any of your rights under this agreement or part with possession of the unit(s) to any other person or party.

45. 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.

46. Every provision in these Terms and Conditions is sever-able 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.

47. English law shall govern this agreement and you and we submit to the exclusive jurisdiction of the English Courts.

48. This agreement shall not create a tenancy.

49. Where the customer is two or more persons your obligations under this agreement shall be joint and several.

50. We reserve the right to refuse any goods regardless of reason.

51. All goods accepted will become subject to lien in respect of continued non-payment of our charges.

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