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, us: 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
- 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.
- 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.
- 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 are required to do so by the Police, Fire Services, Local Authority, Trading Standards, HMRC 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.
- 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) Items which are unique in nature and/or where the value to The Customer cannot be assessed on a financial basis
- j) Compressed gases;
- k) 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
- 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 forteen 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.)
- 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.
- 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.
- 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.
- 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 one calendar month 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 The Company 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 and recharge any special offers (including any periods of free storage), any further discounts or deductions on our licence fees.
- Non Payment of Licence Fees & Right to Sell or Dispose of Goods
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, Store or Site; 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, inspecting and removing the goods to another unit or store on any number of occasions, cleaning the Unit and disposing of or selling the Goods.
12.3. If Your Debt is not paid 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 will treat your goods as abandoned and 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 (if the Customer has elected to email only) and/or where We consider it necessary, by hand, registered letter or recorded delivery service to the last address notified by the Customer of the amount of Your Debt at the date of the notice and directing the Customer to pay (if the Customer is in default) and collect the goods (if they are deemed abandoned).
If the Customer fails to pay the debt and/or collect the goods (as appropriate) the Company will access your unit and commence the process to sell or dispose of the goods. The Customer consents to and authorises the sale or disposal of all goods without further notice regardless of their nature or value.
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. The Company may also require additional payment of default action costs including any costs associated with accessing the unit and disposal or sales of the goods, which shall be added to the debt.
12.6. Any sale proceeds will be applied first against the cost of removal and sale of goods and second to pay the debt. 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. The Company may take action to recover the balance and any legal and administration costs in doing so and 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, the Customer authorises the Company to treat them as abandoned and dispose of all goods by any means at the Customers 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 left unattended in common areas or outside of Your Unit at any time with no liability to the Customer. 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.
- 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
- Insurance (Risk and Responsibility)
- The Company does not insure the Customers goods.
- 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 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.
- It is a Company condition that the Customers goods remain insured at all times while they are in storage against all normal perils for the their full replacement value (as set out in the licence agreement)
The Customer warrants that the cover in place will not lapse at any time and that the aggregate value of goods in the unit from time to time will not exceed the full replacement value.
- If the Customer requires the Company to arrange insurance cover for the goods you will need to note that you require insurance on the Licence Agreement and pay the additional Insurance Fees plus IPT. The Company will provide the Customer with a summary of insurance which notes the cover arranged.
The Company does not give any advice concerning insurance cover given by any policy and the Customer must make own judgement as to the adequacy of cover even when facilitated by the Company.
- Should the Customer require insurance provided by the Company, the insurance fees + IPT must be paid promptly and up to date. Failure to keep any fees up to date will result in lapse of any insurance cover.
- Alternatively, the Customer can arrange third party insurance cover for the goods to be stored against all Normal Perils for their full replacement value (as set out in the licence agreement) which the Company will accept should the Customer present a valid proof of insurance document/cover note or certificate on or before move in.
- 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.
- 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.
- 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
- 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.
Notices to be given by The Company or The Customer must be in writing and must either be delivered by hand or sent by pre-paid post. The Company may also give Notice to The Customer by Email or SMS if The Customer has elected to receive correspondence this way. Notices shall be deemed received at the time of delivery by hand, one hour after sending by Email or SMS or 48 hours after posting. Notices from The Company to The Customer will be sent to the address on the Licence Agreement or the most recent address in England notified to The Company. In the event of not being able to contact The Customer at the last notified address or other contact including Email or SMS, Notice is deemed to have been given to The Customer if The Company serves that Notice to the ACD as identified on the front of this Agreement at the last notified address or other contact including Email or SMS of the ACD. Any notice from The Customer must be sent to The Company at the address on the Licence Agreement. In the event that there is more than one Customer, notice to or by any single Customer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.
- 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.
- Personal Information/ Privacy
The Company collects information about The Customer on registration and whilst this Licence Agreement continues, including personal data (Data). The Company processes Data in accordance with the General Data Protection Regulation and all associated laws. The Company uses Data to process payments, communicate with The Customer and generally maintain The Customer’s account, to comply with its legal obligations and for its legitimate business interests. The Company may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which The Company is a member. If The Customer does not pay Fees when due, The Company may share Data with debt collection agents. If The Customer applies for The Company’s insurance, The Company will pass Data on to the insurer, who may enter such Data onto a register of claims shared with other insurers to prevent fraudulent claims. The Company will release Data and other account details at any time if it considers in its sole discretion this is appropriate:
(a) to comply with the law;
(b) to enforce this Licence Agreement;
(c) for fraud protection and credit risk reduction;
(d) for crime prevention or detection purposes;
(e) to protect the safety of any person at the Facility,
(f) if The Company considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if The Company sells or buys any business or assets, it may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of The Company’s assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that The Company holds on them, to request that inaccurate Data is rectified, to restrict how Data is used and in certain circumstances to have Data deleted. Requests for any of these should be emailed or sent to the addresses on the licence agreement to our Data Compliance Manager. More details on how The Company uses Data and The Customer’s rights in relation to Data are set out in The Company’s Privacy Notice which can be viewed on the Company website www.storageisleofwight.co.uk, or provided on request.
The Company will use Data to provide The Customer with information on products or services provided by The Company in response to requests from The Customer.
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