STANDARD SELF STORAGE LICENCE AGREEMENT – CONDITIONS
DEFINITIONS
"We", "Us" or "Our" means the Self Storage Business.
"You" or "Your" means the customer named in this Agreement.
"Agent" means persons who you authorise, or who accompany you, to access the Unit.
"Agreement" means this Self Storage Licence Agreement, made up of the Cover Sheet and these Conditions.
"Facility" means the building, warehouse, external storage containers or other land or premises operated by the Self Storage Business, the address of which is detailed on the Cover Sheet.
"Property" or "Your Property" or "Goods" means any and/or all goods stored by You in a storage Unit allocated to You at Our Facility.
"Storage Period" the period from and including the Storage Period Start Date detailed on the Cover Sheet until the date on which the licence granted by Us is ended in accordance with these Conditions.
"Unit" means a segregated area of Our Facility made available for You to secure and store Goods.
STORAGE
1. So long as all Fees are paid up to date and subject to these Conditions, You:
(a) are granted a licence during the Storage Period only to store Goods in the Unit allocated to You by Us from time to time and only in that Unit;
(b) are deemed to have knowledge of the Goods in the Unit; and
(c) warrant that You are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
2. We:
(a) do not have and will not be deemed to have knowledge of the Goods;
(b) are not a bailee, custodian or warehouseman of the Goods and You acknowledge that We do not take possession of the Goods;
(c) do not grant any lease or tenancy of the Unit or any part of the Facility and nothing in this Agreement creates a landlord and tenant relationship; and
(d) retain control, possession and management of the Facility and the Unit and the You have no right to exclude Us from the Facility or the Unit.
3. This Agreement will come into existence between Us and You when We notify You We have accepted Your order by signing the Cover Sheet. The Storage Period will begin on the date agreed with You during the order process and set out on the Cover Sheet.
COST
4. You must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deductions for unpaid Fees, repairs, cleaning or other charges to put right any breach of this Agreement by You) will be refunded by cheque or electronic transfer within 21 days of termination of this Agreement.
5. You are responsible to pay:
(a) the Storage Fee (being the amount set out in the Cover Sheet or as most recently notified to You by Us). We will take the first payment on acceptance of Your order and will take subsequent payments in advance on the invoice date for each Storage Period or other date agreed with You (Due Date). It is Your responsibility to see that payment is made directly to Us on time and in full throughout the Storage Period. We do not normally bill for Fees but will issue an electronic invoice following payment. Any Storage Fees paid will not be credited to Your account unless You identify the payment clearly and as directed by Us. If you fail to correctly identify a payment, We reserve the right to take steps to enforce the Agreement (including the sale of Goods) due to Your failure to pay Storage Fees. We shall have no liability to You as a result of taking such action and You agree to fully indemnify Us for any costs, including those outlined in (c), below, We incur in taking such action. We will not accept that payment has been made until it has received by Us in cleared funds;
(b) a Late Payment Fee each time a payment is late or cancelled;
(c) any costs incurred by the Us in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees;
(d) any government taxes or charges (including any value added tax or insurance premium tax) levied on any supplies made under this Agreement; and
(e) the Cleaning Fee or charges for repairs, to be invoiced at Our discretion as described in Clause 23.
Where You have more than one agreement with Us, all will form one account and We may in our sole discretion apply any payment made by You or on Your behalf on this Agreement against the oldest amount due from You to Us on any agreement in the account. If You make a part payment of any Storage Fees due to Us and We retain Your part payment, this will not affect Our ability to take any action against You or to exercise any rights We have under this Agreement in respect of the Storage Fees which remain outstanding from You. The time period from which We may take such action will still start from the Due Date when the original Storage Fees were due and the Due Date will not be extended as a result of Your part payment.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS
6. We take the issue of prompt payment seriously and We shall have a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other Fees related to this Agreement are not paid when due (Debt), You authorise Us without further notice to:
(a) refuse You and Your Agents access to the Goods, the Unit and the Facility and to overlock the Unit until the Debt has been paid in full;
(b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and
(c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Clauses 8 to 10.
You acknowledge that (a) We shall be entitled to continue to charge Storage Fees from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full.
7. If on expiry or termination of this Agreement for any reason, You fail to remove all Goods from the Unit, We are authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Clauses 8 to 10. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal incurred, which shall be added to the, or treated as a, Debt.
8. Before We sell or dispose of the Goods, We will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by You to Us in writing and by email and/or by direct message on social media. If no address within the UK has been provided, We will use any land or email address or social media details We hold for You and any ACP. If You fail to pay the Debt and/or collect the Goods (as appropriate) We will access the Unit and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. We will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. We may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the, or treated as a, Debt.
9. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, You must pay Us the balance within 7 days of a written demand from Us. We may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from You, We will attempt to return the excess funds to you. If this is not reasonably possible, we will hold the balance for You but no interest will be payable on it.
10. If, in the opinion of Us and entirely at Our discretion, the Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, You authorise Us to treat the Goods as abandoned and We may dispose of all Goods by any means at Your cost. We may dispose of the Goods at Our discretion in the event that:
(a) Goods are damaged due to fire, flood or other event that has rendered them, in Our reasonable opinion, severely damaged, of no commercial value, or dangerous to persons or property; or
(b) Goods may contain personal data belonging to You or others.
We do not need Your prior approval to take this action but will send written notice to You within 7 days of assessing damaged Goods.
11. Any items left unattended in common areas at the Facility or outside Your Unit at any time shall be treated as abandoned and may at Our discretion be moved, sold or disposed of immediately with no liability to Us.
ACCESS
12. You have the right to access the Unit during Access Hours as posted by Us and subject to the terms of this Agreement. We will try to provide advance warning of changes to Access Hours by notice at the Facility and/or by SMS or email, but We reserve the right to change Access Hours temporarily to other reasonable times without giving prior notice.
13. If We have agreed to grant You extended access to the Unit outside normal hours, the extended access is available between the hours indicated on the Cover Sheet, subject to You paying any relevant additional charges.
14. Only You or Your Agents may access the Unit. You are responsible for and liable to Us and other users of the Facility for Your own actions and those of Your Agents. We may (but are not obliged to) require proof of identity from You or any other person at any time and, at Our sole discretion, may refuse access to the Facility to any person who is unable to produce satisfactory proof.
15. We may refuse You access to the Unit and/or the Facility where moneys are owing by You to Us, whether or not a formal demand for payment has been made, or if We consider the safety or security of any person, Unit or Goods on or at the Facility has been threatened or may be put at risk.
16. You should not leave a key with or permit access to the Unit to any person other than Your own Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.
17. You authorise Us and Our agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry:
(a) on not less than 7 days' notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility;
(b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property;
(c) if We believe the Unit is being used to store prohibited Goods or for a prohibited purpose;
(d) if We are obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or
(e) to relocate the Goods or exercise Our lien or power of sale or disposal in accordance with this Agreement.
18. You must not store (or allow any other person to store) any of the following in the Unit:
(a) food or perishable goods unless securely packed so they are protected from and do not attract vermin;
(b) any living creatures;
(c) combustible or flammable substances including but not limited to gas, paint, petrol, oil, cleaning solvents or compressed gases;
(d) firearms, explosives, weapons or ammunition;
(e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances;
(f) any item that emits fumes, or odours;
(g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (including but not limited to toys, electrical goods, medicines, aerosols, cosmetics, fireworks);
(h) goods which are environmentally harmful or that are a risk to the property of any person;
(i) currency, deeds and securities; and
(j) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis.
19. You must not use portable heaters in the Unit at any time.
20. You must not store in any Unit
(a) any Lithium ion batteries exceeding a watt-hour (Wh) rating of 160 Wh unless they are built-in and cannot be removed from the otherwise permitted Goods;
(b) portable battery chargers, power banks or any similar portable power source;
(c) more than five (5) E-Scooters, E-Bikes, E-Skateboards or any similar battery-powered vehicles, unless the battery has been removed and is not being stored in the Unit;
(d) more than ten (10) laptops, tablet computers, children's toys or other similar items containing built-in batteries.
20.1 When storing any permitted Goods that contain built-in batteries you must ensure:
(a) the Goods are free from visible physical defect or fault and
(b) such Goods are not stacked and are stored allowing air circulation.
We recommend all batteries are stored with the lowest practical charge.
20.2. You will be liable under Clause 32 for any breach of this Clause 20.
CONDITIONS
21. You will be solely responsible for securing the Unit and ensuring it is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. We will not be responsible for securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in Our overlocking position and We may have any such padlock or device forcefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Facility.
22. You will use the Unit solely for the purpose of storage and shall not (or allow any other person to):
(a) use the Unit as offices or living accommodation or as a home, business or mailing address;
(b) use or do anything at the Facility or in the Unit which may be a nuisance to Us or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit);
(c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of Us or any other person;
(d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit;
(e) connect or provide any utilities or services to the Unit unless authorised by Us;
(f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors); or
(g) create any obstruction or leave items or refuse in any common space within the Facility.
23. You must maintain the Unit by ensuring it is clean and in good repair during the Storage Period. In the event of uncleanliness or damage to the Unit or Facility, We will be entitled to retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement from You of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.
24. You must (and ensure that Your Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Us of any damage or defect immediately it is discovered and comply with the reasonable directions of Our employees, agents and contractors and any other regulations or policies for the use, safety and security of the Facility as We shall issue periodically.
