Terms and Conditions
Monthly contract between Darlington Storage World and Customer
Note that these terms and conditions are accepted during customer sign up. You must read these in detail. By signing up, making payment and moving your contents in to Darlington Storage World, you are accepting these terms and conditions.
Facility Owner details:
Facility Owner: Meribel 85 Ltd, also referred to as Darlington Storage World
Darlington Storage World office address: Unit , The Old Railworks, Dumfries Street, Darlington, DL1 1LB.
Darlington Storage World email address: info@darlingtonstorageworld.co.uk
Please advise us immediately if your contact details, including address, change.
KEY POINTS
Contract type: This is a monthly recurring contract that can be cancelled at any time and runs continuously until cancelled.
Notice period: Notice can be provided at any time. No further charges are made after notice is provided and Customer will have access to their unit until 8pm on the one month anniversary of their last payment.
Customer owns or is authorised to store the Goods.
Storage fees must be paid in advance and on time.
If you fail to comply with the conditions of this agreement, Darlington Storage World have certain rights which include the right to cancel access to your unit, to seize and sell and/or dispose of your goods.
Customer must keep the unit secure.
Customer must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
Customer must check the unit is suitable for storing the Goods.
Darlington Storage World’s liability for loss of and damage to Goods is limited to £100.
Goods are stored at your sole risk. You must take out insurance cover.
Darlington Storage World may use and share your personal and other data in certain circumstances.
CONDITIONS OF AGREEMENT
STORAGE:
1. So long as all fees are paid up to date, Customer: (a) is licensed to store Goods in the Unit allocated to Customer by Darlington Storage World from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is 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. Darlington Storage World: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian nor a warehouseman of the Goods and Customer acknowledges that Darlington Storage World does not take possession of the Goods; (c) does not grant any lease or tenancy of the Unit; and (d) provides unit sizes that are approximate and there may be small variations in your unit size and dimensions from those described. In signing this contract you agree to the actual size of the unit you use and not any represented unit size.
COST:
3. Customer is responsible to pay:
(a) the Storage Fee (being the amount set out on Darlington Storage World website at darlingtonstorageworld.co.uk at the time of booking, as otherwise agreed or as most recently notified to Customer by Darlington Storage World) payable in advance on the first day of each storage period (Due Date) and it is Customer's responsibility to see that payment is made directly to Darlington Storage World on time and in full throughout the period of storage. Darlington Storage World will not accept that payment has been made until it has received cleared funds;
(b) a Cleaning Fee, to be invoiced at Darlington Storage World’s discretion in circumstances described in this Agreement;
(c) any costs incurred by Darlington Storage World in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees; and
(d) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where Customer has more than one agreement with Darlington Storage World, all will form one account with Darlington Storage World and Darlington Storage World may in its sole discretion elect to apply any payment made by or on behalf of Customer on this agreement against the oldest Debt due from Customer to Darlington Storage World on any agreement in the account.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:
4. Darlington Storage World takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 34, if any sum owing to Darlington Storage World is not paid when due, Customer authorises Darlington Storage World without further notice to:
(a) refuse Customer and its agents access to the Goods, the Unit and the Facility and lock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full;
(b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Customer for all reasonable costs of doing so on any number of occasions; and
(c) apply additional charges 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 Condition 7.
Customer acknowledges that (a) Darlington Storage World shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) Darlington Storage World will sell the Goods as if Darlington Storage World was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Customer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Customer has received will be payable by Customer in full.
5. On expiry or termination of this Agreement, if Customer fails to remove all Goods from the Unit, Darlington Storage World is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 6 to 8. Customer is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt).
6. Before Darlington Storage World sells or disposes of the Goods, it will give Customer notice in writing directing Customer to pay (if Customer is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by Customer to Darlington Storage World in writing and by email if you have elected not to receive traditional mail. If no address within the UK has been provided, Darlington Storage World will use any land or email address it holds for Customer. If Customer fails to pay the Debt and/or collect the Goods (as appropriate) within one month of this notice Darlington Storage World will access your space and begin the process to sell or dispose of the Goods. Customer consents to and authorises the sale or disposal of all Goods without further notice regardless of their nature or value. Darlington Storage World will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. Darlington Storage World 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 Debt.
7. 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, Customer must pay Darlington Storage World the balance within 7 days of a written demand from Darlington Storage World. Darlington Storage World 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 Customer, Darlington Storage World will hold the balance for Customer but no interest will accrue on it.
8. If, in the opinion of Darlington Storage World and entirely at the discretion of Darlington Storage World, a defaulting Customer’s 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, Customer authorises Darlington Storage World to treat the Goods as abandoned and Darlington Storage World may dispose of all Goods by any means at Customer’s cost. Darlington Storage World may dispose of Customer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of Darlington Storage World, severely damaged, of no commercial value, or dangerous to persons or property. Darlington Storage World does not need the prior approval of Customer to take this action but will send Notice to Customer within 7 days of assessing the goods
9. Any items left unattended in common areas or outside the Customer’s Unit at any time may at Darlington Storage World’s discretion be moved, sold or disposed of immediately with no liability to Darlington Storage World.
ACCESS:
10. Customer has the right to access the Unit during Access Hours as posted by Darlington Storage World and subject to the terms of this Agreement. Darlington Storage World will try to provide advance warning of changes to Access Hours by notice at the Facility but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
11. Only Customer or others authorised or accompanied by Customer (its Agents) may access the Unit. Customer is responsible for and liable to Darlington Storage World and other users of the Facility for its own actions and those of its Agents. Darlington Storage World may (but is not obliged to) require proof of identity from Customer or any other person at any time and, at Darlington Storage World’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
12. Darlington Storage World may refuse Customer access to the Unit and/or the Facility where monies are owing by Customer to Darlington Storage World, whether or not a formal demand for payment has been made, or if Darlington Storage World considers the safety or security of any person, unit or goods on or at the Facility will be put at risk.
13. Customer should not share access with or permit access to the Unit to any person other than its own Agent who is responsible to Customer and subject to its control. If Customer does so, it does so at its own risk.
14. Customer authorises Darlington Storage World and its 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; or if Darlington Storage World believes the Unit is being used to store prohibited goods or for a prohibited purpose; or if Darlington Storage World is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or exercise Darlington Storage World’s lien or power of sale or disposal in accordance with this Agreement.
CONDITIONS:
15. Darlington Storage World will not be responsible for locking any unlocked Unit. Where applicable, Customer will secure the external gates and/or doors of the Facility.
16. Customer 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 such as 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 (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks);
(h) goods which are environmentally harmful or that are a risk to the property of any person; and
(i) items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.
The Customer will be liable under Condition 27 for any breach of this Condition 16.
17. Customer 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 Darlington Storage World 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 Darlington Storage World 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 Darlington Storage World; or
(f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Facility.
18. The Customer must maintain the Unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness of or damage to the Unit or Facility, Darlington Storage World will be entitled to charge a Cleaning Fee, and/or claim full reimbursement from the Customer of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse or other items left behind anywhere in the facility, or that in any way affects the use of the facility by others. Such charges will be applied to the customer’s payment method in the first instance and will incur a minimum £75 fee.
19. Customer must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Darlington Storage World of any damage or defect immediately it is discovered and comply with the reasonable directions of Darlington Storage World’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as Darlington Storage World shall issue periodically. Customers must not block any entrance, block any car parking spaces or leave items outside or inside the facility such as to block access in any way. Customers found doing so will incur a fee of at least £75 in the first instance and may have their contract terminated with immediate effect.
20. This Agreement does not confer on the Customer any right to exclusive possession of the Unit and Darlington Storage World reserves the right to relocate Customer to another Unit not smaller than the current Unit (a) by giving 14 day’s notice during which the Customer can elect to terminate their agreement under Condition 3 or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, Darlington Storage World will pay Customer’s reasonable costs of removal if approved in writing by Darlington Storage World in advance of removal. If Customer does not arrange removal by the date specified in Darlington Storage World’s notice, then Customer authorises Darlington Storage World and its agents to enter Unit acting as Customer’s agents and at Customer’s risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 25).
21. The Customer must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and is advised to inspect the Unit before storing Goods and periodically during the storage period. Darlington Storage World makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
22. Darlington Storage World may refuse to permit Customer to store any Goods or require Customer to collect any Goods if in its opinion storage of such Goods creates a risk to the safety of any person or property.
23. Customer must give Notice to Darlington Storage World in writing of the change of address, phone numbers or email address of the Customer within 48 hours of any change.
RISK AND RESPONSIBILITY:
24. Darlington Storage World will not be liable for any loss or damages suffered by Customer resulting from an inability to access the Facility or the Unit, regardless of the cause.
25. The Goods are stored at the sole risk and responsibility of 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. Darlington Storage World excludes all liability in respect of loss or damage to (a) Customer’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods above the sum of £100, which Darlington Storage World considers to be the normal excess on a standard household policy whether or not that policy would cover the Goods. Darlington Storage World 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 Darlington Storage World, its agents and/or employees.
26. Darlington Storage World does not insure the Goods and it is a condition of this Agreement that the Goods remain insured at all times while they are in storage against all Normal Perils for their Replacement Value. Customer warrants that 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. Darlington Storage World does not give any advice concerning insurance cover given by any policy and Customer must make its own judgment as to adequacy of cover even when facilitated by Darlington Storage World. Inspection of any insurance documents provided by Customer to demonstrate cover does not mean Darlington Storage World has approved the cover or confirmed it is sufficient.
27. Customer will be liable for and compensate Darlington Storage World for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Darlington Storage World or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by Customer or any of its Agents or (c) enforcement of any of the terms of this Agreement.
28. Customer acknowledges and agrees to comply with this Agreement and all relevant laws and regulations as are or may be applicable to the use of the Unit. This includes laws relating to the material which is stored and the manner in which it is stored. Liability for any and all breach of such laws rests absolutely with Customer, and includes any and all Liabilities resulting from such a breach.
29. If Darlington Storage World has reason to believe that Customer is not complying with all relevant laws Darlington Storage World may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 14 and 34, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at Customer’s expense. Customer agrees that Darlington Storage World may take such action at any time even though Darlington Storage World could have acted earlier.
30. In respect of circumstances outside Darlington Storage World’s reasonable control, Darlington Storage World shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power or internet failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, Darlington Storage World will not be responsible for failing to allow access to the goods, Unit and/or the Facility for so long as the circumstances continue. Darlington Storage World will try to minimise any effects arising from such circumstances.
PERSONAL INFORMATION:
31. Darlington Storage World collects information about the Customer on registration and whilst this Agreement continues, including personal data (Data). Darlington Storage World processes Data in accordance with the Data Protection Act 1998 and uses it to process payments, communicate with Customer and generally maintain Customer’s account. Darlington Storage World may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which Darlington Storage World is a member. If Customer applies for Darlington Storage World’s insurance, Darlington Storage World 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. Darlington Storage World 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 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 Darlington Storage World considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if Darlington Storage World 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 Darlington Storage World’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 Darlington Storage World holds on them and requests should be emailed or sent to the addresses on the cover sheet. A small charge may be made for this service.
32. If Customer agrees, Darlington Storage World will use Data for marketing and like purposes, including to provide Customer with information on products or services provided by Darlington Storage World and/or its business partners in response to requests from Customer or if Darlington Storage World believes they may be of interest.
NOTICE:
33. Notices to be given by Darlington Storage World or Customer must be in writing and must either be delivered by email, by hand, by phone, by sms, or sent by pre-paid post. 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. Any notice from Customer must be sent to Darlington Storage World at the email or postal address at the top of this page. 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.
TERMINATION:
34. Either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated at the top of this agreement. In the event of illegal or environmentally harmful activities on the part of the Customer or a breach of this Agreement (which, if it can be put right, Customer has failed to put right within 14 days of notice from Darlington Storage World to do so), Darlington Storage World may terminate the Agreement immediately without notice period. Darlington Storage World is entitled to make a charge for apportioned Storage Fees if less than the requisite Notice is given by Customer. Customer must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of Darlington Storage World. In the event that Goods and/or refuse are left in the Unit after the Termination Date, Conditions 5 and 18 will apply. Customer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to Darlington Storage World up to the Termination Date, or Conditions 4 to 8 may apply. Any calculation of the outstanding fees will be by Darlington Storage World. If Darlington Storage World enters the Unit for any reason and there are no Goods stored in it, Darlington Storage World may terminate the Agreement without giving prior Notice but will send Notice to Customer within 7 days.
35. Customer agrees to examine the Goods carefully on removal from the Unit and must notify Darlington Storage World of any loss or damage to the Goods as soon as is reasonably possible after doing so.
36. Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
GENERAL:
37. Darlington Storage World may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to Customer in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of Darlington Storage World’s notice. Customer may terminate without charge before the change takes effect by giving notice in accordance with Condition 34. Otherwise, Customer’s continued use of the Unit will be considered as acceptance of and agreement to the amended terms.
38. Customer acknowledges and agrees that:
(a) the terms of this document constitute the whole contract with Darlington Storage World and, in entering this contract, Customer relies upon no representations, oral or otherwise, other than those contained in this Agreement;
(b) it has raised all queries relevant to its decision to enter this Agreement with Darlington Storage World and Darlington Storage World has, prior to the Customer entering into this Agreement, answered all such queries to the satisfaction of Customer;
(c) any matters resulting from such queries have, to the extent required by Customer and agreed to by Darlington Storage World, been reduced to writing and incorporated into the terms of this Agreement;
(d) if Darlington Storage World decides not to exercise or enforce any right that it has against Customer at a particular time, then this does not prevent Darlington Storage World from later deciding to exercise or enforce that right unless Darlington Storage World tells Customer in writing that Darlington Storage World has waived or given up its ability to do so;
(e) it is not intended that anyone other than Customer and Darlington Storage World will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it;
(f) if any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law;
(g) Customer may not assign or transfer any of its rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility; and
(h) where Customer consists of two or more persons each person takes on the obligations under this Agreement separately.
39. This Agreement shall be governed by the laws of Northern Ireland and any dispute or claim that either party brings will be decided by the Courts of Northern Ireland. The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation.
PLEASE READ THE ABOVE CONDITIONS CAREFULLY AS BY ACCEPTING THE TERMS AND CONDITIONS YOU WILL BE BOUND BY THEM.
I/we consent to receiving correspondence from the facility owner by SMS to my mobile, email, post and by telephone.
I/we acknowledge that the above key points have been drawn to my/our attention and I/we have read and understood them.
I/we agree to be bound by the conditions of this Agreement.
StoreProtect Addendum
Our Conditions restrict liability to negligence only up to a maximum of £100 and require You to arrange insurance cover for the Maximum Replacement Value of Your Property. As an alternative, We can accept an enhanced liability for Loss or Damage which may occur during storage. "StoreProtect" means an agreement to accept an enhanced liability for Loss or Damage to Your Property as described in this Addendum. “StoreProtect Charges” means the additional charges set out in the Self Storage Agreement for StoreProtect. Please take the time to read the detailed terms in the table below. In particular, 'Exclusions – what StoreProtect does not provide for' as this includes terms where We limit or exclude liability to You in certain circumstances. Note: StoreProtect is not a contract of insurance. We are not an insurance company, nor are We acting as Your agent. We are under no obligation to arrange an insurance policy in Your name. We assume the risk of liability but may, at Our option, arrange insurance which provides cover for Our liability to You in certain circumstances.
StoreProtect may not be available in certain circumstances, and We reserve the right to decline at Our sole discretion where You have indicated that You wish to opt for StoreProtect.
Detailed terms
Definitions For the purposes of this Addendum, the following definitions shall apply: · "Property" or "Your Property" or "Goods" means any and/or all goods stored by You in a storage unit allocated to You at the Facility; · "Replacement Value" means the current cost of replacing Your Property as new, except for: §household linen and clothing, motorcars, motorbikes, boats, caravans, motorhomes and any other motorised vehicle, where the Replacement Value allows for the age, quality, degree of use, existing damage and consequent market value; §any Goods which cannot be purchased new (such as antiques or works of art, for example), where the Replacement Value shall be the current market value; and §documents, where the Replacement Value shall be calculated as the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the documents · "Maximum Replacement Value" means the maximum sum total of the Replacement Value for all Property at any time throughout the period of storage. · “Loss” or “Damage” means identifiable losses, destruction of or damage to Your Goods, wilful acts, omissions and default, including theft by forcible entry or damage caused by Us, Our employees, agents or representatives while the Goods are in the unit.
StoreProtect - What do I receive?
In return for payment of the StoreProtect Charges, We agree to accept an enhanced liability for Loss or Damage to Your Property and the limit of £100 in the event of negligence shown in the enclosed Conditions will not apply. Instead, We accept liability for Loss or Damage (as defined) to Your Property following a breach of Our Duty of Care up to a maximum of (i) the Maximum Replacement Value; or (ii) the actual value of Your Property either affected by Loss or Damage (whichever is less), taking into account any Proportional Reduction, and subject to certain exclusions (see 'Exclusions – what StoreProtect does not provide for'). Our liability will commence from the time Your Property is placed by You into Your storage unit(s) and ceases immediately upon removal of Your Property from Your storage unit(s). Our liability to You under StoreProtect for Loss or Damage to Your Property is to be assessed as a sum equivalent to the cost of (a) repair or cleaning or (b) the Replacement Value or (c) compensation, whichever is the smaller sum, at Our option. We accept no liability for depreciation following repair. If You opt for StoreProtect, You are no longer obligated to arrange insurance for Your Property. If you submit a claim, additional claims processing administration charges apply. We will deduct a £50 charge from any settlement awarded to You to cover Our administration costs (“Claims Admin Fee”).
Our Duty of Care under StoreProtect
We are responsible for maintaining the Facility in a secure condition and will provide Our services with reasonable skill and care. · Our liability in relation to the Goods under StoreProtect shall be that of a reasonably careful person under like circumstances. We shall not be liable for any Loss or Damage to the Goods, however caused, while the Goods remain in the unit or under Our care, custody or control, unless such Loss or Damage resulted from Our failure to exercise such care in relation to the Goods as a reasonably careful person would exercise under like circumstances, and We will not be liable for damages which could not have been avoided by the exercise of such care.
StoreProtect Addendum
Our Conditions restrict liability to negligence only up to a maximum of £100 and require You to arrange insurance cover for the Maximum Replacement Value of Your Property. As an alternative, We can accept an enhanced liability for Loss or Damage which may occur during storage. "StoreProtect" means an agreement to accept an enhanced liability for Loss or Damage to Your Property as described in this Addendum. “StoreProtect Charges” means the additional charges set out in the Self Storage Agreement for StoreProtect. Please take the time to read the detailed terms in the table below. In particular, 'Exclusions – what StoreProtect does not provide for' as this includes terms where We limit or exclude liability to You in certain circumstances. Note: StoreProtect is not a contract of insurance. We are not an insurance company, nor are We acting as Your agent. We are under no obligation to arrange an insurance policy in Your name. We assume the risk of liability but may, at Our option, arrange insurance which provides cover for Our liability to You in certain circumstances.
StoreProtect may not be available in certain circumstances, and We reserve the right to decline at Our sole discretion where You have indicated that You wish to opt for StoreProtect.
Detailed terms
Definitions For the purposes of this Addendum, the following definitions shall apply: · "Property" or "Your Property" or "Goods" means any and/or all goods stored by You in a storage unit allocated to You at the Facility; · "Replacement Value" means the current cost of replacing Your Property as new, except for: §household linen and clothing, motorcars, motorbikes, boats, caravans, motorhomes and any other motorised vehicle, where the Replacement Value allows for the age, quality, degree of use, existing damage and consequent market value; §any Goods which cannot be purchased new (such as antiques or works of art, for example), where the Replacement Value shall be the current market value; and §documents, where the Replacement Value shall be calculated as the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the documents · "Maximum Replacement Value" means the maximum sum total of the Replacement Value for all Property at any time throughout the period of storage. · “Loss” or “Damage” means identifiable losses, destruction of or damage to Your Goods, wilful acts, omissions and default, including theft by forcible entry or damage caused by Us, Our employees, agents or representatives while the Goods are in the unit.
StoreProtect - What do I receive?
In return for payment of the StoreProtect Charges, We agree to accept an enhanced liability for Loss or Damage to Your Property and the limit of £100 in the event of negligence shown in the enclosed Conditions will not apply. Instead, We accept liability for Loss or Damage (as defined) to Your Property following a breach of Our Duty of Care up to a maximum of (i) the Maximum Replacement Value; or (ii) the actual value of Your Property either affected by Loss or Damage (whichever is less), taking into account any Proportional Reduction, and subject to certain exclusions (see 'Exclusions – what StoreProtect does not provide for'). Our liability will commence from the time Your Property is placed by You into Your storage unit(s) and ceases immediately upon removal of Your Property from Your storage unit(s). Our liability to You under StoreProtect for Loss or Damage to Your Property is to be assessed as a sum equivalent to the cost of (a) repair or cleaning or (b) the Replacement Value or (c) compensation, whichever is the smaller sum, at Our option. We accept no liability for depreciation following repair. If You opt for StoreProtect, You are no longer obligated to arrange insurance for Your Property. If you submit a claim, additional claims processing administration charges apply. We will deduct a £50 charge from any settlement awarded to You to cover Our administration costs (“Claims Admin Fee”).
Our Duty of Care under StoreProtect
We are responsible for maintaining the Facility in a secure condition and will provide Our services with reasonable skill and care. · Our liability in relation to the Goods under StoreProtect shall be that of a reasonably careful person under like circumstances. We shall not be liable for any Loss or Damage to the Goods, however caused, while the Goods remain in the unit or under Our care, custody or control, unless such Loss or Damage resulted from Our failure to exercise such care in relation to the Goods as a reasonably careful person would exercise under like circumstances, and We will not be liable for damages which could not have been avoided by the exercise of such care.
Your Responsibility
To opt for StoreProtect, it is Your responsibility to: provide a Maximum Replacement Value during the booking process; confirm Your wish to opt for StoreProtect during the booking process; pay the additional charges set out for StoreProtect ("StoreProtect Charges"); and ensure that the Maximum Replacement Value is accurate at all times for the duration of this Agreement.
Proportional Reduction
If the Maximum Replacement Value You provide is less than the actual total Replacement Value of all of Your Property stored in your unit at the time of Loss or Damage, then Our liability will be reduced to reflect the proportion that Your Maximum Replacement Value bears to the actual total Replacement Value ("Proportional Reduction"). (For example: if the total replacement value of Your Property is £10,000, but You have declared a Maximum Replacement Value of £5,000, Our liability will be reduced by 50%. So, if £3,000 worth of Your Property is lost or damaged, Our liability would be £1,500.)
Exclusions – what StoreProtect does not provide for | StoreProtect cannot be accepted for: any motorcar, motorbike, boat, caravan, motorhome or any other motorised vehicle and trailers ("Vehicles") stored outside of a unit'
Any food or perishable Goods; or Vapes or e-Cigarettes; or
Any delivery and collection Goods. Our liability for the Goods listed above is restricted and the requirement for You to insure Your Property remains valid, as per the Conditions, whether or not You opt for StoreProtect for other stored Property.
Restricted Goods Our liability for Loss or Damage to the following Goods is restricted. Goods worth in excess of the amounts stated below should not be stored without express permission from Us in writing: Jewellery, watches, precious stones, precious metals, and stamps of all kinds exceeding £1,000 combined total;
Furs, fine art, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like exceeding £15,000 combined total; and
Electronic Items exceeding £25,000 combined total. "Electronic Items"is defined as all items of consumer and commercial electrical appliances and instruments, including but not limited to televisions, computers, laptops, computers, tablets, mobile phones, cameras, hi-fi's, stereos and the like. Heavy electrical items such as switchgear, turbines, generators and the like shall not be deemed to be electronics.
Excluded Liabilities We shall not be considered to be in breach of this Agreement and exclude all liability to You in respect of any and all of the following ("Excluded Liabilities"):
Mysterious disappearance and/or unexplained shortage of Your Property except as a result of theft evidenced by forcible entry to Your Unit;
Loss or Damage which is discovered after Your Property is removed from the Facility;
Loss or damage to Your business, if any, including, but not limited to, indirect or consequential loss, lost profits, income or savings, wasted expenditure or business interruption;
Loss or Damage caused by (i) moth, insect and vermin unless from a source external to Your Unit; (ii) ordinary leakage, ordinary loss in weight or volume, evaporation or nature of the property stored; (iii) leakage of liquid from any receptacle or container unless from a source external to Your Unit; (iv) inherent vice and latent defect; (v) mould, mildew or rust, unless proven to be a result of water ingress from a source external to Your Unit; (vi) atmospheric or climatic causes, including, but not limited to, Loss or Damage to Property which is not suitable for storage; (vii) electrical, electronic or mechanical derangement to any electronic items or mechanical Goods, or any Loss of, or Damage to electronic items resulting from a configuration failure of the controlling software and/or microchip, except where this results directly from external physical damage caused by a breach of Our duty of care;
Any value an item might have acquired simply because it is part of a pair or set, also excluding the value of an undamaged part of a pair or set;
Any value which is purely sentimental;
Loss or Damage caused by or as a consequence of non-compliance with relevant laws and regulations by You or Your Agents;
Loss or Damage caused by the act or omission of You or Your Agents including but not limited to any failure to secure the unit after visiting, failure to pack or stack the Goods properly and securely, the manner of storing the Goods within the Unit, the conduct of You or Your Agents in the unit or at the Facility, the loading or unloading of Goods into or from the Unit;
General Exclusions and Limitations. We exclude and limit certain types of Loss or Damage, as set out in the Conditions. Please read these exclusions and limitations carefully – they apply whether or not You opt for StoreProtect. · There may be circumstances where Goods You are not permitted to store are stored in Your Unit(s) without Our knowledge. Where You store Goods in breach of this Agreement, You agree that You will bear the risk of any Loss or Damage to such Goods. We will not be liable for any Loss or Damage to Your Property unless You notify Us in accordance with the requirements set out in the Liability Claim Notification section of this Addendum
Maximum Liability We will have no liability under any circumstances for Loss or Damage to Your Property over and above the Maximum Replacement Value, or the actual value of Your Property either lost or damaged if this is less than the Maximum Replacement Value.
Why We restrict liability It is not always clear how Loss or Damage was caused, so We must limit or exclude liability for Loss or Damage to Your Property in certain circumstances. We also cannot accept liability for Loss or Damage which could not have been reasonably avoided. Please be reminded that StoreProtect is not a contract of insurance and You have the option to arrange Your own insurance separately.
Our Agreement Our standard Conditions also apply in full to this Agreement, save that, if You opt for StoreProtect: (a) We agree to accept an enhanced liability as described above (so, the £100 limit stated in the Conditions is replaced by the Maximum Replacement Value (taking into account any Proportional Reduction) and Our Duty of Care in respect of Your Property is as set out above); and (b) the requirement to insure Your Property stated in the Conditions becomes an option instead of a requirement.
Failure to pay StoreProtect Charges If You fail to pay the StoreProtect Charges in full on the due date for payment, You will not benefit from the enhanced liability that We offer under StoreProtect. Our liability to You will, instead, be restricted to negligence once up to a maximum of £100 and You will be required to insure Your Property in accordance with the Conditions. · At Our sole discretion, We may choose to reinstate StoreProtect on payment of any overdue and/or outstanding StoreProtect Charges, unless any Loss or Damage to Your Property has already occurred prior to payment of such charges.
Termination/ Cancellation Your right to cancel StoreProtect You have the right to cancel StoreProtect at any time by giving Us written notice prior to removal of Your Property from storage. You can provide notice by emailing Us at [email] or by writing to [postal address]. · If You cancel StoreProtect prior to the storage services commencing, We will refund to You all StoreProtect Charges paid by You. · If You cancel StoreProtect after the storage services have started, We will refund to You any StoreProtect Charges that You have paid in advance in respect of the period after cancellation (e.g. from the date that We receive Your notice to cancel). Our right to cancel StoreProtect
Your right to benefit from StoreProtect will terminate automatically if You do not make all payments when due under the Conditions. · We may cancel Your right to benefit from StoreProtect and terminate this Addendum at any time by giving You thirty (30) days' notice in writing. · Where We cancel or terminate StoreProtect, We will refund to You all StoreProtect Charges paid by You in advance in respect of the period after cancellation (e.g. from the cancellation date We notify to You). General
Our liability to You after the StoreProtect cancellation date will be restricted to negligence only up to a maximum of £100 and You will be required to insure Your Property in accordance with the Conditions.
If You decide to terminate the storage agreement after the cancellation date for StoreProtect, You will need to give Us the full amount of notice in accordance with the Conditions.
To opt for StoreProtect, it is Your responsibility to: provide a Maximum Replacement Value during the booking process; confirm Your wish to opt for StoreProtect during the booking process; pay the additional charges set out for StoreProtect ("StoreProtect Charges"); and ensure that the Maximum Replacement Value is accurate at all times for the duration of this Agreement.
Proportional Reduction
If the Maximum Replacement Value You provide is less than the actual total Replacement Value of all of Your Property stored in your unit at the time of Loss or Damage, then Our liability will be reduced to reflect the proportion that Your Maximum Replacement Value bears to the actual total Replacement Value ("Proportional Reduction"). (For example: if the total replacement value of Your Property is £10,000, but You have declared a Maximum Replacement Value of £5,000, Our liability will be reduced by 50%. So, if £3,000 worth of Your Property is lost or damaged, Our liability would be £1,500.)
Exclusions – what StoreProtect does not provide for | StoreProtect cannot be accepted for: any motorcar, motorbike, boat, caravan, motorhome or any other motorised vehicle and trailers ("Vehicles") stored outside of a unit'
Any food or perishable Goods; or Vapes or e-Cigarettes; or
Any delivery and collection Goods. Our liability for the Goods listed above is restricted and the requirement for You to insure Your Property remains valid, as per the Conditions, whether or not You opt for StoreProtect for other stored Property.
Restricted Goods Our liability for Loss or Damage to the following Goods is restricted. Goods worth in excess of the amounts stated below should not be stored without express permission from Us in writing: Jewellery, watches, precious stones, precious metals, and stamps of all kinds exceeding £1,000 combined total;
Furs, fine art, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like exceeding £15,000 combined total; and
Electronic Items exceeding £25,000 combined total. "Electronic Items"is defined as all items of consumer and commercial electrical appliances and instruments, including but not limited to televisions, computers, laptops, computers, tablets, mobile phones, cameras, hi-fi's, stereos and the like. Heavy electrical items such as switchgear, turbines, generators and the like shall not be deemed to be electronics.
Excluded Liabilities We shall not be considered to be in breach of this Agreement and exclude all liability to You in respect of any and all of the following ("Excluded Liabilities"):
Mysterious disappearance and/or unexplained shortage of Your Property except as a result of theft evidenced by forcible entry to Your Unit;
Loss or Damage which is discovered after Your Property is removed from the Facility;
Loss or damage to Your business, if any, including, but not limited to, indirect or consequential loss, lost profits, income or savings, wasted expenditure or business interruption;
Loss or Damage caused by (i) moth, insect and vermin unless from a source external to Your Unit; (ii) ordinary leakage, ordinary loss in weight or volume, evaporation or nature of the property stored; (iii) leakage of liquid from any receptacle or container unless from a source external to Your Unit; (iv) inherent vice and latent defect; (v) mould, mildew or rust, unless proven to be a result of water ingress from a source external to Your Unit; (vi) atmospheric or climatic causes, including, but not limited to, Loss or Damage to Property which is not suitable for storage; (vii) electrical, electronic or mechanical derangement to any electronic items or mechanical Goods, or any Loss of, or Damage to electronic items resulting from a configuration failure of the controlling software and/or microchip, except where this results directly from external physical damage caused by a breach of Our duty of care;
Any value an item might have acquired simply because it is part of a pair or set, also excluding the value of an undamaged part of a pair or set;
Any value which is purely sentimental;
Loss or Damage caused by or as a consequence of non-compliance with relevant laws and regulations by You or Your Agents;
Loss or Damage caused by the act or omission of You or Your Agents including but not limited to any failure to secure the unit after visiting, failure to pack or stack the Goods properly and securely, the manner of storing the Goods within the Unit, the conduct of You or Your Agents in the unit or at the Facility, the loading or unloading of Goods into or from the Unit;
General Exclusions and Limitations. We exclude and limit certain types of Loss or Damage, as set out in the Conditions. Please read these exclusions and limitations carefully – they apply whether or not You opt for StoreProtect. · There may be circumstances where Goods You are not permitted to store are stored in Your Unit(s) without Our knowledge. Where You store Goods in breach of this Agreement, You agree that You will bear the risk of any Loss or Damage to such Goods. We will not be liable for any Loss or Damage to Your Property unless You notify Us in accordance with the requirements set out in the Liability Claim Notification section of this Addendum
Maximum Liability We will have no liability under any circumstances for Loss or Damage to Your Property over and above the Maximum Replacement Value, or the actual value of Your Property either lost or damaged if this is less than the Maximum Replacement Value.
Why We restrict liability It is not always clear how Loss or Damage was caused, so We must limit or exclude liability for Loss or Damage to Your Property in certain circumstances. We also cannot accept liability for Loss or Damage which could not have been reasonably avoided. Please be reminded that StoreProtect is not a contract of insurance and You have the option to arrange Your own insurance separately.
Our Agreement Our standard Conditions also apply in full to this Agreement, save that, if You opt for StoreProtect: (a) We agree to accept an enhanced liability as described above (so, the £100 limit stated in the Conditions is replaced by the Maximum Replacement Value (taking into account any Proportional Reduction) and Our Duty of Care in respect of Your Property is as set out above); and (b) the requirement to insure Your Property stated in the Conditions becomes an option instead of a requirement.
Failure to pay StoreProtect Charges If You fail to pay the StoreProtect Charges in full on the due date for payment, You will not benefit from the enhanced liability that We offer under StoreProtect. Our liability to You will, instead, be restricted to negligence once up to a maximum of £100 and You will be required to insure Your Property in accordance with the Conditions. · At Our sole discretion, We may choose to reinstate StoreProtect on payment of any overdue and/or outstanding StoreProtect Charges, unless any Loss or Damage to Your Property has already occurred prior to payment of such charges.
Termination/ Cancellation Your right to cancel StoreProtect You have the right to cancel StoreProtect at any time by giving Us written notice prior to removal of Your Property from storage. You can provide notice by emailing Us at [email] or by writing to [postal address]. · If You cancel StoreProtect prior to the storage services commencing, We will refund to You all StoreProtect Charges paid by You. · If You cancel StoreProtect after the storage services have started, We will refund to You any StoreProtect Charges that You have paid in advance in respect of the period after cancellation (e.g. from the date that We receive Your notice to cancel). Our right to cancel StoreProtect
Your right to benefit from StoreProtect will terminate automatically if You do not make all payments when due under the Conditions. · We may cancel Your right to benefit from StoreProtect and terminate this Addendum at any time by giving You thirty (30) days' notice in writing. · Where We cancel or terminate StoreProtect, We will refund to You all StoreProtect Charges paid by You in advance in respect of the period after cancellation (e.g. from the cancellation date We notify to You). General
Our liability to You after the StoreProtect cancellation date will be restricted to negligence only up to a maximum of £100 and You will be required to insure Your Property in accordance with the Conditions.
If You decide to terminate the storage agreement after the cancellation date for StoreProtect, You will need to give Us the full amount of notice in accordance with the Conditions.