Terms and Conditions of a Licence to Store Goods at Store It Self Storage (Ryde)
In these terms and conditions the following words have the following meanings:-
Ø The Customer, you, your: the customer named in the Licence Agreement
Ø The Company, we, our: G Dean & Co (Sandown) Ltd T/A Store It Self Storage (Ryde)
Ø Goods: anything that you bring on Site and store in the Unit
Ø Unit: the storage unit specified in the Licence Agreement and/or any other storage unit the Customer may occupy
Ø Commencement Date: the date specified in the Licence Agreement
Ø Access Hours: the hours we permit access to the Unit Ø Prohibited Items: those items specified in Condition 5
Ø Deposit: the amount specified in the Licence Agreement
Ø Licence Fees: the amount specified in the Licence Agreement
Ø Due Date: the date specified in the Licence Agreement and the corresponding date in each period specified in the Licence Agreement or the previous business day if the Due Date falls on a Saturday, Sunday or Public Holiday
Ø Licence Agreement: the Licence Agreement or the Notification of Change Document
2. Right to Occupy
Provided the Licence Fees are paid up to date, the Company permits the Customer but no other person to use the Unit in accordance with these terms and conditions from the Commencement Date until the Licence Agreement is terminated.
3. Inspection of the Unit
The Customer must inspect the Unit before storing any goods and inform the Company if you believe it is damaged or unsuitable for your requirements in any way. Unless notified to the contrary by the Customer the Unit will be deemed suitable for the Customer’s use and in good condition at the commencement date.
4. Access to Unit
The Company will issue a (four digit) personal door access code to the customer which will allow the Customer to have access to the Unit at any time during the Access Hours (the code is personal to the Customer only). No access to the Unit will be permitted outside these hours, unless by special arrangement. The Customer accepts that the Company reserves the right to make and to alter regulations concerning the hours of access, general management and security of the complex and the Customer’s unit, and the Customer agrees to observe and abide by such regulations.
Only the Customer or persons accompanied by the Customer will be permitted to have access to the Unit. The Company may ask for proof of identity from the Customer or any other person at any time (although the Company is not obliged to do so) and the Company may refuse access to any person (including the Customer) who is unable to provide satisfactory proof of identity.
The Customer is responsible for providing a suitable padlock for the Unit in addition to any optional security the company may provide, and must ensure that it is locked at all times when the Customer is not in attendance. The Company will not be responsible for locking any unlocked Unit. The Customer will permit the Company (and our agents as workmen) to enter the Unit at any time in an emergency and otherwise if the Company give the Customer 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 the terms and conditions for any other purpose.
The Company may enter the Unit at any time without notifying the Customer (and if necessary we may break the lock to gain entry):-
a) If the Company believe that the Unit contains Prohibited Items or is being used in breach of these terms and conditions;
b) If the Company require to do so by the Police, Fire Services, Local Authority or by a Court Order;
c) If the Company believe it is necessary in an emergency;
d) To obtain access in accordance with Conditions 4, 6 and 12;
e) To prevent injury or damage to persons or property; or
f) If the Company are of the opinion that any of the above apply, for the purposes of ascertaining this.
5. Use of the Unit
The Customer warrants that the goods being stored in the Unit are their own property or the person who owns or has an interest in the goods has given authority to the Customer to store them in the Unit.
The Customer may only use the Unit for storage and not for any other purpose. The Customer must not store (and must not allow any other person to store) any of the following in the Unit:-
a) Food or perishable goods unless securely packed so that they are protected from vermin;
b) Birds, fish, animals or any other living creatures;
c) Combustible or flammable materials or liquids such as paint, varnish, petrol, oil or cleaning solvents, turpentine, liquid acetylene, mineral oils & their liquid products, naphtha, pitch, tar, sulpher, any liquids or goods with a flashpoint below 32 degrees centigrade;
d) Firearms, gunpowder or other explosives, nitrates & chlorates of soda or potash, weapons, ammunition or fireworks, matches, fire lighters;
e) Chemicals, radioactive materials, biological agents;
f) Toxic waste, asbestos or other materials of a dangerous nature;
g) Any item which emits any fumes, smell or odour;
h) Any illegal substances illegal items or goods illegally obtained;
i) Compressed gases;
j) Mungo, rags, resin, rubber, saltpetre, shoddy, waste of all kinds
The Customer must not (and must not allow any other person to):-
a) 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;
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;
d) Connect or provide any utility or service to the unit at any time;
e) Spray paint or do any mechanical work of any kind in the Unit;
f) Attach anything to the walls, ceiling, floors or doors of the Unit or make any alteration to the Unit;
g) 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;
h) Cause any damage to the Unit or any other unit or the Site or its facilities or to the property and possessions of any of our other customers if you cause any damage you must (at our option) repair, restore, or replace such damage item or reimburse our costs in making necessary repairs, restoration or replacement;
i) Cause any obstructive or undue hindrance in any passageway, stairway, service area or any other part of the Site and must at all times exercise courtesy to others in using these areas;
j) Leave children unattended at any time.
The Customer must:-
a) Inform the Company immediately of any damage or defect to the Unit;
b) Comply with the directions of any of our employees or agents at the Site and any further regulations for use of the Unit which the Company may issue from time to time;
c) Inform the Company immediately of any spillage in the unit or in the common areas.
d) Ensure any items such as fridge/freezer/washing machine etc are fully defrosted and free of ice and water prior to storage
6. Alternative Unit
This agreement shall not confer on the Customer any right to exclusive possession of the Unit.
The Company may at any time by giving the Customer seven days’ written notice require the Customer to remove its goods from one Unit to another Unit specified by the Company. The alternative Unit shall be of a similar size to the current Unit.
Removal of the Customer’s goods from the current Unit to the alternative Unit will be at the Customer’s expense. If the Customer does not arrange the removal of its goods to the alternative Unit by the time specified in the notice, the Company may enter the Unit and arrange for the goods to be moved. Any removal arranged by the Company will be at the Customer’s risk (except for loss or damage caused wilfully or negligently by the Company or our removal agents) and the removal expenses will be payable by the Customer and the Company may add them to the Licence Fees.
(If the Customer’s goods are moved to an alternative Unit, this Agreement will be 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.)
7. Ownership of Goods
The Customer confirms that it is the owner of the items stored, or that ownership is vested in them for the purpose of entering into this agreement. The Customer confirms that the owner of the goods, if not the Customer, understands and accepts the Company’s right ultimately to sell or dispose of goods to recover any outstanding charges.
8. Health & Safety
All Customers and visitors to the unit, site and premises should comply with any health and safety rules & signs displayed.
On hearing the fire alarm bell, all Customers and visitors should exit the facility immediately by the nearest exit and assemble at the emergency assembly point in the car park at the front of the building opposite reception. The Emergency exits and assembly point are clearly marked, and Customers should familiarise themselves with the nearest exit routes.
Smoking is strictly prohibited within the Unit, common areas of the building and premises at all times.
The Customer must pay the Deposit to the Company when signing the Licence Agreement. The Deposit will be returned to the Customer (without interest) within 21 days after the Licence Agreement terminates, less any amount the Company may deduct to cover;-
a) repairing any damage to the Unit, Site or any other Unit caused by the Customer, its agents or invitees or by goods stored in the Unit;
b) any unpaid Licence Fees or removal or other charges; or
c) any other obligation to us that the Customer has not discharged in full.
10. Reservation Deposit:
The Customer may, subject to payment of a reservation deposit, reserve an empty unit for a maximum of one calendar month. The Customer must convert the reservation to an agreement, by completing the necessary Licence Agreement and paying the Licence fees on or before the end of the one calendar month period, following which the reservation deposit will automatically become the deposit (see 9. above) and will be held until the Customer vacates the unit. If the customer fails to convert the reservation to an agreement the reservation will automatically lapse, and the deposit will be forfeited.
11. Licence Fee
The Customer must pay the Company the Licence Fees for the minimum period of storage on signature of the Licence Agreement and thereafter must pay the Licence Fees on or before the Due Date whether demanded or not. If the Customer does not pay the Licence Fees on the Due Date, the Customer will immediately become liable to pay a late payment charge equal to £10.00 for each period of 2 weeks or any part thereof or 10% of the Licence Fees (including any late payment or other charges) that remain unpaid after the Due Date, whichever is the greater.
a) It is the customer’s responsibility to make sure that payment is made directly to us on or before the due date throughout the period of storage.
b) If the customer does not pay any of the licence fees by their due date the company may immediately without notice to you withdraw any further discounts or deductions on our licence fees.
12. Non Payment of Licence Fees
The Company takes the issue of prompt payment very seriously. It is very important that the Customer makes prompt payment of each and every sum (including interest) whether invoiced or not owing from you to us from time to time under this licence or any other agreement between the Customer and the Company (in this licence called Your Debt)
If the Customer does not pay the Licence Fees on or before the Due Date or the late payment charge or either, the Company may exclude the Customer from the Site and from the Unit and the Company may over lock the unit, whether or not the Company has exercised its right to terminate the Licence Agreement. Exercising the Company’s right to exclude the Customer from the Site and the Unit does not affect the Customer’s obligation to pay any unpaid or future Licence Fees or late payment charges.
If the customer does not make prompt payment of any part of the Licence Fees or the late payment charge then the customer agrees that:-
12.1. The Goods are left in the Unit at Your sole risk;
a) Without limiting Condition 12.1 the Company excludes any liability in respect of the Goods when payment of Our Licence Fees or charges is overdue.
b) The Company may immediately exercise the lien described in this Licence (in particular in Condition 12.2).
12.2. A lien means that The Company has a right to retain the Goods until We have received full payment of Your Debt, and We may sell or dispose of the Goods as described below. We have a lien over the Goods for Your Debt until payment of Your Debt has been received in full.
The following Conditions apply to Our right of lien:
12.2a) The Company is entitled to continue to charge You, and You shall pay the Company all fees and charges at the same rates as under this Licence from the date Your Debt becomes due until payment is made in full or the Goods are sold or disposed of; and
12.2b) in default of the Prompt Payment of Your Debt, You authorise the Company:
b1) to refuse You and Your agents access to the Goods, the Unit and the Store, and the Site and to over lock the Unit;
b2) The Company can access the Unit and inspect and remove the Goods to another Unit or Store; and
b3) apply the Deposit against Your Debt and, if the Deposit is insufficient to clear Your Debt in full, to hold onto and/or ultimately sell or dispose of some or all of the Goods as described in Condition 12.3 onwards, and You will be required to pay all the Company costs incurred of taking this action, including any costs associated with accessing the Unit, cleaning the Unit and disposing of or selling the Goods.
12.3. If Your Debt is not paid thirty (30) days after the Due Date or if You fail to collect the Goods after We have required You to collect them or if You fail to collect the Goods upon expiry or Termination Date of this Licence, subject to Condition 12.4:
12.3a) The Company may sell the Goods as if We were the owner of the Goods;
12.3b) The Company will pass all ownership and good title to the Goods to the buyer; 12.3c) The Company will use the proceeds of sale to pay:
12.3c1) the reasonable costs incurred in administering the debt collection and sale process. These costs will include (for example) auction costs, removal costs, administration costs, cleaning costs and charges for Our own time;
12.3c2) Your Debt and to hold any balance for You. The Company is not required to give the Customer any interest on the balance.
12.3d) if the proceeds of sale are insufficient to discharge:
12.3d1) all or any part of the costs described in Condition 12.3c.1; and 12.3d2) Your Debt, You must pay any balance outstanding to Us within seven (7) days of a written demand from Us, which will set out the balance remaining due to Us. Interest will continue to accrue on Your Debt until payment has been made.
12.4. Before the Company sells or disposes of Your Goods, We will give You notice in writing (provided by email, and/or where We consider it necessary, by hand, registered letter or recorded delivery service) of the amount of Your Debt at the date of the notice and that if You do not pay Your Debt within 10 days of the date of the notice, We will treat your goods as abandoned and we will then sell the Goods. The Company will not give You any further notice of any intended sale.
12.5. The Company will sell the Goods by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale.
12.6. If the proceeds of sale are insufficient to discharge the Customer’s outstanding liability to the Company then the Customer will remain liable for the balance and the Company may take action it considers necessary to recover the outstanding amounts including but not limited to the Isle of Wight county courts.
12.7. If the Goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite the Company efforts, You authorise the Company to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost (and this cost will be added to Your Debt).
12.8. In addition the Company may also dispose of Your Goods if Your Goods are damaged due to fire, flood or any other event that has made the Goods (in Our opinion) severely damaged, of no commercial value, or dangerous to people or our store. We do not need Your prior approval to take this action, but We will send notice to You within seven (7) days of assessing the Goods (or, where possible, We will try to give You prior notice).
12.9. the Customer agrees that the Company may immediately move, sell or dispose of any items that You leave unattended in common areas or outside of Your Unit at any time with no liability to You. Where possible, We will try to give You prior notice.
The Company may alter the Licence Fees at any time by giving the Customer written notice and the new Licence Fees shall take effect on the first due date occurring not less than four weeks after the date of the notice.
Once the initial Licence Fee has been paid, each further calendar month period will be invoiced up to 7 days prior to the due date. It is the Customer’s responsibility to ensure payment is received by the Company on or before the due date.
15. Special Offer Terms & Conditions (subject to a selected range of units)
To qualify for any offer all terms and conditions of the relevant storage agreement must be complied with throughout the entire storage period and including the following-
a. Payment of all storage fees must be paid on or before the due date whether demanded or not. It is the customer’s responsibility to ensure that the storage fee payment is received by the company on or before the due date.
b. Storage Discount. The storage agreement must have been held continuously for the full qualifying period of any agreed storage plan to receive any discount.
c. Should the agreement be terminated prior to the qualifying period, or storage fees not paid on or before the due date, then any discount or free period will be revoked in full and recharged at standard rates.
d. If any terms and conditions are not complied with in any way, the company reserves the right to revoke any offer in full and re apply full storage charges.
e. The company reserves the right to withdraw any on-going customer discount offer at any time should the qualifying status of the customer change.
f. All unit offers are subject to a deposit (equivalent to 1 standard month’s storage fee) paid in advance. (Refundable on vacating the unit)
g. Offers subject to availability.
h. Offers cannot be used in conjunction with any other offer or promotion.
i. Unit offers only apply for new storage agreements and there must be a clear period of 21 days between the end of a storage agreement and the start of a new agreement to qualify.
j. The company reserves the right to withdraw any promotional offer at any time. These terms and conditions do not affect your statutory rights
Special Offers (subject to a selected range of units)
• Long Term Storage Discount *. The storage agreement must have been held continuously for the qualifying period of 6 months or 12 months.
• Unit Offers – Get 4 Weeks Free *. This free period is conditional upon a continuous storage period of 3 months giving the customer the first 4 weeks storage free and paying the next 2 months storage fees by standing order or automated credit. Should the storage agreement be terminated prior to the 3 month period or storage fees not paid on or before the due date, then no free period will apply. • * All units are subject to a deposit (equivalent to 1 standard month’s storage fee) paid in advance. (Refundable on vacating the unit)
16. Insurance (Risk and Responsibility)
a. The goods are stored at the sole risk, expense and responsibility of the Customer, who shall be responsible for and bear the risk of any and all theft, damage to and deterioration of the goods caused by any reason whatsoever. The Company does not insure the Customers goods and excludes all liability in respect of loss or damage or consequential loss to (a) Customers business, if any, including consequential loss, lost profits or business interruption; and (b) goods above the sum of £100, which the Company considers to be normal excess on a standard household policy whether or not that policy would cover the goods. The Company does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or wilful default on the part of the Company, its agents and/or employees.
b. The Company does not insure the Customers goods. The Company strongly advises that the goods remain insured at all times while they are in storage, against all Normal Perils for their full replacement value (as set out in the Licence Agreement). The Customer warrants that if such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of goods in the unit from time to time will not exceed the replacement value. The Company does not give any advice concerning insurance cover given by any policy and the Customer must make his own judgement as to the adequacy of cover even when facilitated by the Company. We can offer you the opportunity to take out insurance using a policy available to us. If you require us to arrange insurance cover for your goods you will need to note that you require insurance on the Licence Agreement and pay the additional Insurance Fee. We will provide you with a summary of insurance which notes the cover arranged for you.
c. The Company will not be liable for any loss or damages suffered by the Customer resulting from an inability to access the Facility or the Unit, regardless of the cause.
17. Best Price Promise Terms & Conditions (Excluding external container storage)
a. The alternative quote supplied must be for self storage from a comparable local storage company on the Isle of Wight. Container storage, a wooden crate in a warehouse or a backstreet lock-up garage won’t do. A list of comparable storage companies is available from Store-It Self Storage.
b. The quote must be supplied in an official manner – normally on company letterhead. For obvious reasons we cannot accept a hand-scribbled quote for 1p a year-for-life storage. c. The quote must have been issued within the last 7 days
d. The quote must be based on the same size and type of storage unit. Here is an example – our ground floor units are more expensive per sq. ft than our equivalent sized mezzanine level units. That is because they benefit from the very best access. We do not class these two unit types as comparable on our pricing, so we wouldn’t do so on a price match with a competitor.
e. The quote must be for an ongoing rate for a calendar monthly stay and includes VAT where appropriate
f. The price used for comparison will be the standard price offered by both operators after any applicable discounts are applied over the period of storage. The price promise cannot be used in conjunction with any other offer.
g. The Store It Self Storage Price Promise can only be applied at the time of signing a new storage agreement and is not retrospective.
h. The right to determine whether a quote is comparable and therefore eligible for the Store It Price Promise is at the absolute discretion of Store It Self Storage.
These terms are not an excuse for us to wriggle out of our promise. If you have written proof of a lower like for like comparable quote with one of our local Isle of Wight competitors we promise to match it. Store It Self Storage reserves the right to revoke any ongoing customer discount offer at any time should the qualifying status of the customer change.
18. Termination/Move Out
Either the Customer or the Company may terminate the Agreement by giving not less than two weeks’ written notice on any Due Date and termination will take effect from the due date. Any Licence Fees paid in advance after the date of termination will be refunded but the Company may make deductions from them as if they were a deposit under condition 9. The Customer may not terminate this agreement if any Licence Fees or other charges are outstanding or if the Customer is otherwise in breach of the Licence Agreement. On move out, the Customer must report to reception to complete the check out process and close the storage account. The Company may terminate the Licence Agreement immediately by giving the Customer written notice if the Customer is in breach of any term of the Licence Agreement.
19. On Termination
On termination of the Licence Agreement the Customer must remove all goods from the Unit and leave the Unit clean and tidy and in the same condition as at the Commencement Date. The Company may charge the Customer if we have to repair any damage or clean the Unit or dispose of any goods or rubbish left in the Unit or on the Site. The Customer agrees to examine the goods carefully upon removing them from the Unit and must inform the Company in writing about any loss or damage to the goods as soon as is reasonably possible. The Company may treat any goods remaining in the Unit after termination as abandoned and may dispose of them in accordance with condition 12.4
20. Exclusion of Liability
The Company shall not be liable to the Customer for any loss (including consequential loss or economic loss) or damage to goods stored in the Unit, whether or not the loss or damage is due to any act or omission, negligence, or wilful default by the Company or any of our servants or agents or other customers; nor shall we be liable for any consequential or economic loss incurred by the Customer 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. The exclusion of liability in Conditions 15. and 20. does not apply where the damage suffered by the Customer is a direct result of negligence or wilful default by the Company or of our servants or agents and which causes physical injury to or death of any person.
The Customer will indemnify the Company and hold us harmless against all claims, demands, liabilities, damages, costs and expenses incurred by the Company or by any of our servants, agents or other customers which arises out of the use of the Unit or the Site by the Customer or any of the Customer’s servants, agents or invitees or arises out of the breach of the Licence Agreement by the Customer.
Any notice given under the Licence Agreement must be in writing and may be served by personal delivery, or by pre-paid post. Any notice to the Customer may be sent to the address stated in the Licence Agreement or any other address, which the Customer notifies to the Company in writing. Any notice to the Company must be sent to our address set out in the Licence Agreement. Notices will be deemed to be effectively served immediately if delivered personally or forty-eight hours after they have been placed in the post.
23. Force Majeure
The Company shall not be liable for any loss or damage which the Customer may suffer as a direct or indirect result of our performance of the Licence 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, 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 the Unit.
24. Data Protection Policy
Data protection is very important to us. The Company have developed this policy in order for The Customer to understand how we collect, use, communicate, disclose and make use of your personal data. (“Your Data”) The following details our data protection policy. The Company collects information about The Customer when You register with Us and during the course of this Licence to manage Your account. This information includes (“Your Data”), and We process “Your Data” in accordance with the Data Protection Act 1998 or such other applicable law which may supersede the Data Protection Act 1998 in the future. When you provide us with personal data “Your Data” (for example, the name of an individual or company, any personal address, postcodes, email address or telephone contact numbers) which You may provide to Us at any time, will be used for the following purposes: a) Administration and the proper performance of Our obligations to You under the License Agreement for processing payments, communication with You and generally maintaining Your account. b) For Our internal audit and accounting purposes, security procedures, to check Your credit history and for Our own direct marketing purposes. c) The company may share “Your Data” with, and obtain information about you from, credit reference or fraud prevention agencies (including but not limited to Police, Counter terrorism & customs and excise) or trade associations of which we are a member. d) If you apply to us for insurance of your goods We will pass Your details on to the insurer. The insurer may put information provided by you onto a register of claims and share it with other insurers to prevent fraudulent claims. e) The Company may release “Your Data” and any other account details at any time if we consider that such release is appropriate to comply with the law, to enforce this License Agreement, for fraud protection or to protect the safety of any person within the store, or we consider that the security of the unit or its contents will be put at risk. You authorise Us to use “Your Data” for these purposes. We do not share any of “Your Data” with any other person, third party, firm or company without your consent. “Your Data” should be relevant to the purposes for which it is to be used and to the extent necessary for those purposes, should be accurate, complete and up to date.
Any delay by the Company in exercising any of its rights under the Licence Agreement will not impair our rights or be a waiver of those rights, nor will any partial exercise or any right preclude a further exercises of that right. The Customer may not assign any of its rights under the Licence Agreement or part with possession of the Unit to any other person, firm or company. All the terms of the contract between the Company and the Customer are set out in the Licence Agreement and in these terms and Conditions. All other terms conditions warranties guarantees undertakings or representations whether express or implied by statute (insofar as such statute permit) common-law or otherwise or arising from conduct or a previous course of dealing or trade custom or usage or agreed or offered orally or in correspondence or otherwise are hereby exclude v03/18