TERMS & CONDITIONS

Your Customer Licence – Terms & Conditions:​

Terms and Conditions of Licence of a Container to Store Goods

You may have other rights granted by law in addition to those set out I these terms and conditions which We may not exclude. These terms and conditions do not affect such other rights. If you wish to obtain further information about such rights, you should speak to your local Citizen’s Advice Bureau or obtain legal advice from a solicitor.

In these terms and conditions, the following words have the following meanings: –

“Access Hours” means the hours of 08:00-18:00 Monday to Friday, 10:00-17:00 on Saturday and 11:00-15:00 on Sunday.

“Business Customer” means a customer who is not a domestic customer;

“Commencement Date” means the date as shown below just above the space for Your ‘Signature’ at the bottom of this document;

“Licence Form” means the document so entitled and signed by Us and You;

“Container” means the storage container or item specified on your monthly hire invoice or any alternative storage container We may specify in accordance with clause 24:

“Deposit” means the deposit specified in the Licence Form;

“Domestic Customer” means a customer who is a natural person who is acting for purposes which are outside his trade or profession;

“Due Date” means the date on which the Fee is payable as specified in the Licence Form;

“Fee”/ “Licence Fee” means the fee specified in the Licence Form;

“Initial Fee” / “Initial Licence Fee” means the initial fee specified in the Licence Form;

“Normal Perils”

means loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting and / or leaking pipes, theft, riot, strike, civil commotion, malicious damage and impact by vehicle; (i) “Site” means the land on which the container is situated; “Goods” means anything You store in the Unit at any time during this Agreement; “this Agreement” means the agreement concluded between Us and You on the terms set out in the Licence Form and in these terms and conditions; “We / Us”/”Our” refers to Store and Sure LTD, a limited company incorporated in England and Wales (company number 13800206) whose registered office is 4 Upton Road, Norwich, Norfolk, NR4 7PA;

“You” / “Yours” refers to the other party to the contract created by the Licence Form and these terms and conditions whose details are set out in the Licence Form; where “You” are two or more persons, such persons shall be jointly and severally liable under this Agreement;

Details of Use of the Container 

1. We grant you a contractual licence to us ethe Container for the storage of Goods from the Commencement Date until the end of this Agreement.

2. The licence granted to You pursuant to this Agreement shall not confer on You any right to exclusive possession of the Container or the Site, any tenancy or any other proprietary right in or over the Container or the Site other than a contractual licence.

3. You must not (You must not allow any other person to) store any of the following in the Container or anywhere else on the site (unless We have consented in writing to You doing so): any food or perishable goods unless securely packed so that they are protected from and do not attract vermin; birds, fish, animals or any other living creatures; combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvent, drugs; firearms, explosives, weapons or ammunition; chemicals, radioactive materials, biological agents; toxic waste; asbestos or other materials of a potentially dangerous nature; any item which emits any fumes, smell or odour; any illegal substances, illegal items or goods illegally obtained; any compressed gases.

4. We may refuse to permit You to store any Goods and / or require You to collect any Goods from the Container and / or the Site if in our reasonable opinion the safety of any person on the Site, or the security of the Container or its contents, or other containers or their contents would or may be put at risk by the storage or continued storage of ay such Goods.

5. You must not (and You must not allow any other person to): (a) leave any Goods or any other personal belongings unattended anywhere on the site; We reserve the right to remove any such Goods or belongings and dispose of them as We think fit and to charge You for such removal and / or disposal; (b) use the Container or do anything in the Container or on the Site in a manner which may be a nuisance to Us and / or to the users of any other container on the Site and / or to any person on the Site and / or to any neighbour; (c) use the Unit as offices or living accommodation or as a home; (d) spray paint or do any mechanical work of any kind in the Container; (e) attach anything to the internal or external surfaces of the Container or make any alteration to the Container; (f) allow any liquid, substance, smell or odour to escape from the Container or any noise to be audible or vibration to be felt outside the Container; (g) cause any damage to the Container, or to any other container on the site, or to any part of the Site or its facilities, or to any property belonging to Us or (h) leave anything in or obstruct or block any passageway, stairway, service area or any other part of the Site; (i) connect or provide any utilities or services to the Container unless authorised in advance in writing by Us.

6. You must (and You will ensure that anyone authorised by You must): (a) use reasonable care when on the Site or in the Container not to cause any damage to the Container and / or the Site and / or any property belonging to Us and / or to any user of any other container on the Site; (b) inform Us of any damage or defect to the Container as soon as You become aware of it; (c) comply with the directions of any of Our employees, agents and / or contractors at the Site and with any direction and / or regulation regarding the use of the Unit and / or the Site which we may issue from time to time.

   Goods

   1. You confirm that the Goods are your own property or that the person who owns them has given You authority to store the Goods in the Container on the terms of this Agreement.

   2. You agree to reimburse Us in a full indemnity basis in respect of any damages, compensation or costs (including any legal fees) which We may incur or be ordered ti pay as a result of any breach of clause 4,6,7 and 8 above.

Securing the Container

• You are solely responsible for securing the Container so as to prevent any unauthorised access.

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Access to the Container by You

• We grant You a contractual licence to have access to the Container at any time during Access Hours for the purposes of depositing, removing, substituting or inspecting the Goods.

• Any employee, agent, contractor or other visitor of Yours must in advance of their arrival.

• You many only access the Container outside of Access Hours with prior agreement.

• We will charge You £15 for any replacement access card or key fob if issued with your unit.

• We reserve the right to increase the fee chargeable by giving You 7 days’ notice in writing to that effect.

• We may ask for proof of identity from You or any other person at any time.

• We reserve the right to refuse access to any person (including You) at any time who is unable to provide Us with satisfactory proof of identity.

• We reserve the right to refuse access to any person (including You) at any time if we consider in our discretion that to allow access would or might put at risk the safety or security of any person and / or of the Container and / or its contents and / or of any other container on the Site and / or its contents.

• All vehicles must always travel at a maximum speed of 5 miles per hour whilst in Site.

• We reserve the right to remove from the Site any person found acting in breach of clause 12, 13, and 16.

• No children under 16 are allowed on Site at any time.

Access to the Container by US

• You will allow Us to access the Container if we give You not less than seven days’ notice of Our Intention to access the Container for the purpose of inspecting it and / or carrying out any repairs and / or maintenance and / or alterations as we think fit to the Container or to any other container in the Site or to any other part of the Site.

• We will have the right to access the Container without giving You any notice of Our intention to do so and if necessary by breaking any lock or safety mechanism to gain access if: (a) We believe it is necessary in an emergency; (b) We believe it is necessary to prevent injury or damage to persons or property; (c) We are required to do so by the Police, Fire Services, Local Authority, Customs, Trading Standards or by a Court Order.

Substitute Container

• We may at any time by giving You at least seven days’ written notice require You to remove the Goods from the Container to another container on the Site specified by us which shall not be smaller than the current Container.

• If We give you a notice pursuant to clause 24 above then: (a) We agree to pay Your reasonable costs of removal which have been approved in writing by us in advance of the removal. (b) If You do not arrange the removal of Goods to the alternate container by the date specified in our notice, We and/ or Our agents and contractors shall act as agents for You and the removal will accordingly be at Your risk. (c) If the Goods are moved to an alternate container, this Agreement will be varied by the substitution of the alternative container number, but shall otherwise continue in full force and effect.

Fees

• You agree to pay Us in cleared funds the Initial Fee on signature of the Agreement. You agree to pay Us our Licence Fees by bank transfer into Our bank account, as specified on your Licence Form.

• You agree to pay to Us in cleared funds the Fee on the Due Date without any deduction or set-ff of any kind.

• We may alter the Fee at any time by giving you at least 20 days’ written notice.

• If we give you a notice pursuant to clause 28, the new Fee shall take effect after this 20 day notice period.

• If we give you a notice pursuant to clause 28, You may terminate this Agreement without charge with immediate effect at any time during the 20-day notice period by giving Us notice in writing, in which case this Agreement shall terminate on the day such notice is given and any Fee shall be calculated pro rata accordingly.

• If you fail to pay the Fee by the Due Date and we decided to accept late payment from You, you will pay us a fee of £25 as compensation for the administrative expenses We will be forces to incur.

• If any cheque or standing order payment is dishonoured, you will pay us a fee of £50 as compensation for the administrative expenses We will be forced to incur.

• Any Licence fee amount that is calculated pro rata.

Suspension and power to Sell Goods

• If any sum payable under this Agreement is not paid when due then: (a) We will send you a notice in writing notifying You and Your failure to pay and demanding immediate payment in full of the outstanding sums (s); (b) in addition to any other rights we may have under this Agreement or otherwise, We will be entitled to immediately suspend Your access to the Container and to the Site and to install a new lock on the Container until the outstanding sum(s) have been paid in full.

• If any sum payable under this Agreement remains outstanding for 28 days after service on You of a written notice pursuant to clause 33, We may in our absolute discretion: (a) recover possession of the Container, if necessary by breaking any lock or safety mechanism to gain access; (b) remove from the Container the Goods and store them in a storage facility of Our choice; (c) charge You for all reasonable costs incurred by Us in removing the Goods from the Container and in storing the Goods, together with any further removal and / or storage costs if we reasonably require to move the Goods again at any time afterwards; and / or (d)serve on you a second notice in writing notifying You of Our intention to exercise Our power to sell or dispose of the Goods pursuant to clause 36 if You fail to make payment in full of the outstanding sum(s) by the date specified in the notice (which will be not less than 14 days from the date of the notice)

• If any sum payable under this Agreement remains outstanding at the date specified in a notice served on You pursuant to clause 34(d), we will have the power to: (a) sell some of the Goods as We in Our absolute discretion think fit (and pass good title to them) to discharge any outstanding sums due to Us and to cover the costs of sale; and / or (b) treat any or all of the Goods as abandoned and destroy or otherwise dispose of them as We in Our absolute discretion think fit.

• We may exercise Our power to sell the Goods in whichever way manner We in in our Absolute discretion think fit and in exercising such power we shall be under no obligation to You or to any other person to achieve any particular price for the Goods.

• If the proceeds of any sale of the Goods are insufficient to discharge any outstanding sums(s) due to Us, then You will remain liable to pay Us any balance and We may take action against You to recover such balance,

• If, the proceeds of any sale of the Goods exceed the outstanding sum(s) due to Us, then we will pay any balance to You.

Deposit

• We may require a damage Deposit upon signing this Agreement (if this is shown on your first invoice).

• When this Agreement is terminated, we shall be entitled to deduct from the Deposit a reasonable sum in respect of a) any arrears of the Fee then outstanding; (b) remedying any damage or defect to the Container; (c) compensation for any other breach by You of any other provision of this Agreement.

• Subject to any deduction We are entitled to make under clause 40, We will repay the Deposit to You without interest by way of cheque only no more than 21 days after this Agreement is terminated.

Rubbish

• You must not leave any rubbish on the Site.

• We will charge you a fee of £40.00 in respect of the collection of any rubbish which we have reason to believe You have left on the Site.

• We reserve the right to increase the fee chargeable by giving you 7 days’ notice in writing to that effect.

Exclusion of liability

• All references to Container sized are approximate only. We accept no liability for their accuracy.

• We make no representation or warranty in relation to the suitability of the Container for the storage of any particular item.

• You agree that You have carried Your own inspection of the Container to determine its suitability.

• You agree that You will inspect the Container from time to time throughout the period of this Agreement.

• As the Site is an open storage facility, we accept no liability for any damage caused by any rodent, vermin or other animal.

• If You are using the Container in part or in whole for commercial purposes, we shall not be responsible for loss of profits (whether direct or indirect), loss of business opportunity, loss of goodwill, loss of contract or for any other economic loss (direct or indirect) arising out of a breach of this Agreement.

• We will not be in any way liable for failing to allow you to access the Goods, the Container and / or the Site, or for any other breach of this Agreement, of the cause of such failure is outside our reasonable control, such as (but not limited to) any natural disaster, riot, strike, lock-out, trade dispute, labour disturbance, accident, breakdown of plant or machinery, fire flood, electrical power failure, act of terrorism, environmental or health emergency or hazard, or entry into any container (including the Container and / or the Site) or arrest or seizure or confiscation of Goods by any competent authority.

• We will not be in any way liable for any damage caused to any item or items which we accept delivery on Your behalf.

• We will not be in any way liable for any fraud, duty, fine, tax or other charge on any item or items of which we accept delivery on Your behalf and You agree to fully indemnify Us in respect of any such fraud, duty, fine, tax or other charge.

Insurance: Business Customers

• We do not insure the Goods whilst they are in the Container and / or on Site.

• If you are a Business Customer You agree with Us that prior to bringing the Goods onto the Site You have taken our adequate insurance in respect of the Goods under a policy which covers at least Normal Perils with a reputable insurance company and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site and you acknowledge that you shall be responsible for all uninsured risks including Normal Perils.

• We recommend that the insurance cover that you take out is for a sum which is at least equal to the replacement value of the Goods stored in the Container and from time to time We may require you to provide evidence of such insurance cover prior to granting You access to the Container and while Your Goods remain on Site.

• We do not give any advice concerning such insurance and it is for you to make your own judgement whether such insurance is appropriate to cover the Goods and risks to them.

Insurance: Domestic Customers

• We do not insure the Goods whilst they are in the Container and / or on Site.

• We recommend that the insurance cover that you take out is for a sum which is at least equal to the replacement value of the Goods stored in the Container and from time to time We may require you to provide evidence of such insurance cover prior to granting You access to the Container and while Your Goods remain on Site.

• We do not give any advice concerning such insurance and it is for you to make your own judgement whether such insurance is appropriate to cover the Goods and risks to them.

Termination

• This Agreement shall terminate if; (a) either party gives at least 28 days’ written notice to the other, in which case the Agreement shall terminate on the expiry of such notice and any Fee shall be calculated pro rate accordingly and can be used for future payments (no refunds given). Provided that no notice be given under this clause shall expire earlier than four weeks after the Commencement Date; (b) if either party commits a breach of this Agreement and fails to remedy such breach after being given fourteen days’ written notice of the breach by the other, in which case this Agreement shall terminate on the expiry of such notice and any Fee shall be calculated pro rate accordingly.

• At the end of this Agreement, You must remove all Goods from the Container and leave the Container clean and tidy and in the same condition as at the Commencement Date.

• If You fail to comply with cluse 62, You shall pay our reasonable costs of cleaning the Container and /or removing and / or disposing of any Goods and / or rubbish left in the Container and / or on the Site.

• We may treat any Goods remaining in the Container at the end of the Agreement as abandoned and dispose of them in accordance with clause 35.

• You agree to examine the Goods at the end of this Agreement and to notify us of any loss or damage to any of the Goods in writing within 3 days of the end of this Agreement.

Third Parties

• No one other than You or Us will have any rights under this Agreement.

• You are personally responsible for the actions of anyone that You allow to access the Site and / or the Container.

Jurisdiction and Choice of Law

• This Agreement is governed by the laws of England and Wales.

• Any dispute arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the English courts.