Terms and Conditions
REDBECK SELF STORAGE
(Trading Name of MADE DAILY LTD, company number 09220898)
Licence Terms and Conditions
1. In this Licence, the following words have the following meanings:
Access Hours and Site Rules
The hours We permit access to the Unit (displayed on site).
Generally, between 8am – 6pm Monday to Saturday. 9am – 4pm on Sundays.
(subject to change)
Business Customer
A customer who is not a domestic customer
Deposit
The amount specified in the Licence Form
Domestic Customer
Any natural person who is acting for purposes which are outside his trade or
profession
Due Date
The start date specified in the Licence Form and thereafter on the corresponding
date in each continuing period (or if the period is four weekly, the first day in each
four week period) or in each case on the previous business day if the Due Date falls
on a Saturday, Sunday or public holiday
The Goods
Anything You store in the Unit at any time during this Licence
The Licence
These conditions and the information set out in the Licence Form and the Licence
Terms and Conditions, which you have agreed to
Licence Commencement Date
The start date specified in the Licence Form
Licence End Date
The date specified in the Licence Form (if any) or if the licence continues on a
periodic basis, the date of termination of this Licence in accordance with Condition
21 or 22 .
The Licence Fees
The amount specified in the Licence Form or as most recently notified to You by Us
Licence Form
The agreement between Us and You, the Customer
Loss or Damage
Identifiable losses, destruction of or damage to Your Goods due to wilful acts or
omission, including theft by forcible entry or damage while the Goods are in the Unit
in accordance with Condition 19.2 (Restricted Liability).
Prompt Payment
In respect of payment of each and every sum due under this Licence, payment on
the Due Date and in respect of any sum being due under any other agreement
between You and Us, payment within seven (7) days of that sum being demanded in
writing
Site
The premises on which the Unit is situated
Unit
The storage unit specified in the Licence Form or any alternative storage unit We
may specify under Condition 11 .
We, Us, Our
Made Daily Ltd of 50 Caledonian Road, Dewsbury, West Yorkshire, WF12 9NT
(company number 09220898), trading as Redbeck Self Storage
You, Your
The customer named in the Licence Form
You may have other rights granted to You by law in addition to those set out in these
Licence Conditions, which We may not exclude. These Terms and Conditions do not
affect those other rights granted by law. If You wish to obtain further information
about Your rights, You should seek independent legal advice or speak to Your local
Citizen's Advice Bureau or Trading Standards Office.
2.
2.1. So long as the Licence Fees are paid up to date, We will license You (but no
other person) to use the Unit for the storage of Goods in the Unit in
accordance with this Licence from the Licence Commencement Date until
this Licence expires or is terminated. The Unit may not be used for living
accommodation, either on a temporary or permanent basis.
2.2. You are deemed to have knowledge of the Goods in the Unit.
2.3. We do not have and will not be deemed to have knowledge of the Goods in
the Unit, or of the nature, condition or state of repair of any such Goods.
2.4. This Licence shall not create a tenancy or lease or similar arrangement.
2.5. The Unit is being provided in good condition and without damage. Any
damage to the unit needs to be bought to the attention of Us at the time it is
inspected by the Customer and will be recorded in the Licence Form.
2.6. The Customer must follow all instructions given for their safety, especially
signs indicating entrance and exit routes. Speed limits must be strictly
adhered to. All doors and gates must be closed and secured, where
applicable, by The Customer before they depart the site. The Customer is
liable for any associated costs, caused directly or indirectly, by gates or
doors left un-secured by The Customer. The Customer must report any
safety or security issues immediately to The Owner. The Customer must stay
within the storage areas on the site. The Customer may not enter any other
areas unsupervised by The Owner. The Customer is responsible for their
own and any accompanying peoples’ safety. It is advised that children and
pets are kept under close supervision as The Owner accepts no
responsibility for their safety.
2.7. The Owner and The Owners representatives have the right to be treat with
respect at all times; without verbal intimidation or any form of violence or
harassment. Any infringement of this will lead to the immediate termination of
the contract, with all fees to be paid before The Customer may clear their
goods.
3.
3.1. You have the right to access the Unit at any time during the Access Hours for
the purposes of depositing, removing, substituting or inspecting the Goods
and Your regular inspection of the Unit for damage or unsuitability for the
Goods. No access to the Unit will be permitted for any other purposes or
outside Access Hours, unless We have agreed to extended or 24 hour
access. We reserve the right to charge an administrative fee of £25 inclusive
of VAT to allow access outside the Access Hours (the fee is subject to
change and will be provided to the Customer before access is arranged and
the fee will be higher depending on the notice given and the time required for
access). We will try to provide advance warning of changes in Access Hours
by notices on Site, but We reserve the right to change Access Hours on a
temporary basis to other reasonable Access times at any time without giving
any prior notice. You will be entitled to terminate the Licence with immediate
effect with no penalty if Your Access Hours are reduced on a permanent
basis.
3.2. Only You and persons authorised in writing or accompanied by You will be
allowed to have access to the Unit. You are responsible for the actions of
anyone that You authorise to access the Site and for anyone that You allow
to accompany You on to the Site. Any such person is Your agent for whose
actions You are responsible for to Us and other users of units at the Site. You
may withdraw any authorisation at any time but the withdrawal will not be
effective until We receive it in writing. We may ask for proof of identity from
You or any other person at any time (although We are not obliged to do so)
and We may refuse access to any person (including You) who is unable to
provide satisfactory proof of identity. We may refuse You or Your agents
access at any time if We consider in Our reasonable discretion that the safety
of any person on the Site, or the security of the Unit or its contents, or other
units or their contents, will be put at risk.
4.
You are responsible for providing a secure padlock for the Unit and You must ensure
that the Unit is locked so as to be secure from unauthorised entry at all times when
You are not in the Unit. You are not permitted to apply a padlock to the Unit in Our
overlocking position and We may have any such padlock forcefully cut off at Your
expense. Where applicable, You will secure the external gates and/or doors of the
Site. We will not be responsible for locking any unlocked Unit or for looking after
Your key. You should not leave Your key with and/or provide Your pin number to, or
permit access to Your Unit to any person other than Your own agent, who is
responsible to You and subject to Your control and if You do so, You do so at Your
own risk whether or not such person is Our employee or agent. We do not accept
liability for any person (including Our employee or agent) holding Your key and
having access to Your Unit and any such person acts as Your agent only.
5.
You will permit Us and Our agents and contractors to enter the Unit in the following
circumstances and if necessary We may break the lock to gain entry:-
5.1. if We give You not less than seven (7) days' notice so that We may inspect
the Unit or carry out repairs, maintenance and alterations to it or any other
unit or part of the Site;
5.2. at any time without notifying You (but We will give You notice as soon as
practicable afterwards as long as We are not prevented by law from doing
so);
5.3. if We reasonably believe that the Unit contains any items described in
Condition 8 or is being used in breach of Condition 9 ;
5.4. if We are required to do so by the Police, Fire Services, Local Authority, HM
Revenue & Customs, Trading Standards or by a Court Order;
5.5. to obtain access in accordance with Conditions 11 (relocation) and 17 (sale
of Goods if You default on payment);
5.6. for any purpose, without prior notice if We believe it is necessary in the event
of: an emergency or to prevent injury to persons or damage to Our own
property and to carry out Our duty to safeguard Goods belonging to You or
other customers;
5.7. to prevent injury or damage to persons or property; or
for the purpose of checking whether the Unit contains any items described in
Condition 8 or if We reasonably consider that such entry is necessary to
ascertain whether action needs to be taken to prevent injury or damage to
persons or property.
6.
You confirm that throughout this Licence, the Goods in the Unit from time to time
abide by the laws of England and Wales, are Your own property or that the person
who owns or has an interest in them has given You irrevocable authority to store the
Goods in the Unit on the terms and conditions in this Licence and that You act as a
duly authorised agent of any such person. You will pay any and all costs We incur or
claims made against Us if this is not true.
7.
We may refuse to permit You to store any Goods or require You to collect any
Goods from the Unit if in Our reasonable opinion the safety of any person on the
Site, or the security of the Unit or its contents, or other units or their contents, would
be put at risk by the storage or continued storage of any such Goods.
8.
8.1. You must not store or keep (and You must not allow any other person to
store) any of the following in the Unit:-
8.1.1. food or perishable goods unless securely packed in hard plastic or
glass containers so that they are protected from and do not attract
vermin;
8.1.2. Any motor vehicles;
8.1.3. any Goods which are contaminated with food or any other substance
which may deteriorate, rot, become mouldy or attract vermin
8.1.4. Lithium ion batteries exceeding a watt-hour (Wh) rating of 160 Wh
UNLESS they are built-in and cannot be removed from otherwise
permitted Goods (see Conditions 8.1.6 , 8.1.7 and 8.2 );
8.1.5. portable battery chargers, power banks or any similar portable power
source;
8.1.6. More than five (5) E-Scooters, E-Bikes, E-Skateboards or any similar
battery-powered vehicles in any one Unit unless the battery has been
removed and is not being stored in the Unit;
8.1.7. More than ten (10) laptops, tablets, children's toys or other similar
items containing built-in batteries in any one Unit unless agreed by Us
in writing;
8.1.8. plants, birds, fish, animals or any other living creatures;
8.1.9. combustible or flammable materials or liquids such as gas, paint,
petrol, oil or cleaning solvents;
8.1.10. firearms, explosives, weapons, ammunition or any components of
these;
8.1.11. chemicals, radioactive materials, biological agents;
8.1.12. toxic waste, asbestos or other materials of a potentially dangerous
nature;
8.1.13. any item which emits any fumes, smell or odour;
8.1.14. compressed gases;
8.1.15. any illegal substances, illegal items or goods illegally obtained such
as counterfeit goods, illicit (counterfeit/smuggled) tobacco or alcohol
and unlicensed or unsafe goods (such as toys, electrical goods,
medicines, aerosols, cosmetics, fireworks);
8.1.16. goods which are environmentally harmful or that are a risk to the
property of any person;
8.1.17. items which are irreplaceable or of high value requiring specialist
storage, such as currency, jewellery, bullion, furs, deeds, bonds,
securities, works of art, antiques, fine wines and items of personal
sentimental value;
8.1.18. waste materials including any materials or goods for export deemed to
be waste, such as used electrical equipment (unless tested and
certified for re-use), used vehicles or used vehicle parts.
8.2. When storing any Goods that contain built-in batteries including, but not
limited to, laptops or tablets, children’s toys, E-Scooters, E-Bikes, E-
Skateboards or any similar battery-powered vehicles (see Conditions 8.1.6
and 8.1.7 ), You must ensure:
8.2.1. the Goods are free from visible physical defect or fault; and
8.2.2. such Goods are not stacked and are stored allowing air circulation.
8.2.3. We recommend all batteries are stored with the lowest practical charge.
8.3. You will be liable under Condition 20 for any breach of this Condition 8
8.4. You must ensure that Goods brought into storage are securely and properly
packed or bottled and not otherwise in a condition that may cause damage or
injury to the Unit or the Site or any other unit on the Site or any other
property, whether by spreading damp, infestation, leakage or the escape of
fumes or substances in any other way.
9.
You must not (and You must not allow any other person to):-
9.1. use the Unit or do anything on the Site or in the Unit which is illegal, may be
or may become a nuisance to Us or the users of any other unit or any person
on the Site;
9.2. use the Unit as offices or living accommodation or as a home or business
address and not use the address of the site or Unit for receiving mail;
9.3. spray paint or do any mechanical work of any kind in the Unit;
9.4. attach anything to the internal or external surfaces of the Unit or paint or
make any alteration to the Unit;
9.5. allow any liquid, substance, smell or odour to escape from the Unit or any
noise to be audible or vibration to be felt outside the Unit;
9.6. cause any damage to the Unit or any other unit or the Site or its facilities or to
the property of Us or any other unit users or other persons on the Site (which
includes by removal, haulage or delivery contractors) and if You cause any
damage You must (at Our option) repair, restore or replace such damage or
item or reimburse the reasonable costs of making necessary repairs,
restoration or replacement or make proper compensation to other unit users
at the Site;
9.7. leave anything in or obstruct or block any passageway, stairway, service area
or other part of the Site and You must at all times be courteous to others and
take reasonable care for Your own safety and that of others in using these
areas;
9.8. leave on Site any waste or refuse that is created by storing the Goods and
You will be charged the reasonable costs of disposing of such waste or
refuse if You do not comply with this Condition;
9.9. connect or provide any utilities or services to the Unit unless authorised in
advance in writing by Us;
9.10. use or do anything at the Site or in the Unit which may invalidate or
increase premiums under any insurance policies taken out by Us or any other
person;
9.11. ignore any regulations in force from time to time at the Site and in
particular You undertake to observe and comply with the “No Smoking” policy
that is in effect for every unit at the Site and its common parts;
9.12. display any signs at the Site or on the windows or doors of Your Unit
without Our written consent; or
9.13. distribute any leaflets or promotional materials to other customers at the
Site whether direct to the units or in the common parts.
10.
You must (and You will ensure that anyone authorised by You to access the Site
must):-
10.1. use reasonable care when on the Site or in the Unit and take all
reasonable care in respect of the Unit, the Site, and the property of Us or any
other unit users or other persons on the Site;
10.2. inform Us of any damage or defect to the Unit as soon as You become
aware of it;
10.3. comply with the reasonable directions of any of Our employees, agents
and contractors at the Site and any further regulations for the use, safety and
security of the Unit and the Site which We may issue from time to time.
11.
This Licence does not give You any right to exclusive possession of the Unit.
11.1. We reserve the right to relocate You to another unit specified by Us, which
shall not be smaller than the current Unit:
11.1.1. by giving 14 days’ notice during which You can elect to terminate the
Licence under Condition 22 ; or
11.1.2. by giving 14 days’ notice if We close the Site or any part of the Site for
redevelopment, in which case We may require You to move the
Goods from the Unit to another unit at another site which We shall try
to ensure is as near as possible to the Site in the given
circumstances; or
11.1.3. on shorter notice in the event of a fire or flood or other incident or
occurrence at the Site which in Our opinion requires the Unit or any
part of the Site to be closed or sealed off.
11.2. If We do require You to relocate then We may agree to pay Your
reasonable costs of removal (our absolute discretion) which have been
approved in writing by Us in advance of the removal.
11.3. If You do not arrange the removal of Goods to the alternative unit by the
date specified in Our notice, We and Our agents and contractors may enter
the Unit and do so. In doing so, We and Our agents and contractors will act
on Your behalf and the removal will be at Your risk and We will not be liable
for any damage or loss.
11.4. If the Goods are moved to an alternative unit, this Licence will be varied by
the substitution of the alternative unit number and site name (if applicable)
but shall otherwise continue in full force and effect and the Licence Fees at
the rate in force for the original unit at the time of the removal will continue
to apply to Your use of the alternative unit.
12.
You must pay Us the Licence Fees for the minimum period of storage (if applicable)
or otherwise the charge period specified in the Licence Form on signature of this
Licence. After that, You must pay the Licence Fees in advance on each Due Date.
12.1. The minimum period the Licence is given for is 28 days, followed by 28
days renewal if a set date is not agreed in the Licence Form.
12.2. Once the 28 days Licence expires, the Licence will automatically renew for
a further 28 days unless cancelled as per Condition 21 and 22 and You will
be liable for the full automatic renewal.
12.3. If Your storage contract is linked to a minimum stay and You leave before
this stay ends You will be liable for all charges to the end of the agreed
minimum stay period (i.e. up to the earliest vacate date).
12.4. If You do not pay any Licence Fees by the Due Date then We may
immediately without notice to You withdraw any further discounts,
deductions, business services (if applicable) or other rebates on the
Licence Fees which We have agreed to grant to You.
12.5. In support of Our Green policy, We will not print or post invoices to Our
customers. However, if requested, invoices will be sent via email.
13.
We may alter the Licence Fees at any time by giving You at least 30 days written
notice and the new Fees shall take effect on the day after this 30 days notice period.
You may terminate this Licence without charge at any time before the new Fees take
effect.
14.
No payment will have been made until We have received clear funds. It is Your
responsibility to see that payment is made directly to Us on time and in full
throughout the period of storage. Any Licence Fees paid by direct transfer will not be
credited to Your account unless You identify the payment clearly and as directed by
Us so We can see it relates to Your account. We shall have no liability to You and
You will cover any and all costs or losses incurred by Us if We take steps to enforce
the Licence (including the sale of Goods) due to Your failure to identify a payment.
14.1. In the event that a direct debit is dishonoured, We will charge You an
administrative charge of £20 each time a direct debit is not allowed.
14.2. If You do not pay the Licence Fees by the Due Date then We will charge
you a penalty fee of £15 per week for each week the payment is late or not
made.
14.3. You will be responsible for and agree to pay any costs incurred by Us in
collecting late, partial or unpaid Licence Fees, or in enforcing this Licence
in any way, including but not limited to postal, telephone, unit inventory,
debt collection, legal fees, personnel and/or default action costs and
associated legal and professional fees.
14.4. Where You have more than one licence with Us, all will form one account
with Us and We may in Our sole discretion choose to apply any payment
made by You or on Your behalf for this Licence against any debt due from
You to Us on any licence in the account.
14.5. If You make a part payment of any of the Licence Fees outstanding under
this Licence 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
Licence in respect of the Licence Fees which remain outstanding from You.
The time period from which We may take such action will still start from the
Due Date on which the original Licence Fees were due and the Due Date
will not be extended as a result of Your part payment.
15.
All sums payable to Us under the Licence will become due immediately upon
termination of the Licence unless You have terminated this Licence due to Our
negligence. Any calculation of the outstanding fees will be made by Us.
16.
16.1. You must pay Us the Deposit on Your signature of this Licence. We may
deduct from the Deposit any reasonable amount We may in Our sole
discretion require to cover:-
16.1.1. any breach of Condition 9.6 (damage caused by You or Your agents);
16.1.2. any of the Licence Fees which have not been paid or any unpaid
removal or other charges; or
16.1.3. any other obligation to Us that You have not performed.
16.2. We will return the balance of the Deposit to You (without interest, which will
remain Ours) by cash, credit card or electronic transfer, subject to the way
You previously paid Your Licence Fee, no more than 21 days after this
Licence terminates subject to no matters outstanding. If We are unable to
process the repayment following vacation, unclaimed deposits and credit
balances will be forfeited after 12 months.
16.3. If We deduct any monies from the Deposit (whilst the Licence is ongoing)
You shall on request without delay make up the difference so that the
Deposit balance is not reduced.
17.
We take the issue of Prompt Payment very seriously and We have a right of lien over
the Goods. A lien means that We have a right to retain the Goods until We have
received full payment of the sums due to Us and We may sell or dispose of the
Goods as described below. The lien lasts until the payment in full has been made
either by credit or debit card payment or received by Us as cleared funds in our bank
account. Whilst any Payment remains overdue and outstanding, We have the right to
change the lock on the Unit. If the lock cannot be removed, You shall be liable for
any fees in relation to removing the lock on the unit.
17.1. Regardless of Condition 22 , if any sum payable under the Licence is not
paid when due, then You agree that, in addition to any other rights We may
have:
17.1.1. the Goods are left in the Unit at Your sole risk;
17.1.2. without limiting Conditions 17.1.1 or 19 , We exclude liability in respect
of the Goods when payment of the Licence Fee or any other charges is
overdue;
17.1.3. We will be entitled without further notice to refuse You and Your
agents access to the Goods, the Unit and the Site and to install a new
lock on the Unit until the outstanding amount has been received by Us in
full; and
17.1.4. We may apply the Deposit against the unpaid amount and, if is not
sufficient to clear the debt in full, We may hold onto and/or ultimately sell
or dispose of some or all of the Goods in accordance with this Condition
17 .
17.2. If any sum payable under the Licence is still outstanding one month after
the service of written notice from Us requiring You to pay all outstanding
amounts in full, or if You fail to collect the Goods after We have required
You to collect them or if You fail to collect the Goods on expiry or
termination of this Licence, We may in Our absolute discretion:
17.2.1. recover possession of the Unit and move Your Goods to the nearest
alternative storage facility available for such purpose and charge You for
all reasonable costs incurred by Us in moving and storing Your Goods,
together with any repeated costs if We reasonably require to move Your
Goods at any time afterwards;
17.2.2. send You a further notice in writing setting out the amount outstanding
at the date of that notice and informing You that, if You do not pay the
outstanding amount in full within 14 days of the date of the notice, We will
sell some or all of the Goods as if We were the owner of the Goods and
will pass all ownership of the Goods to the buyer. If You do not make
payment in full within the time limits set out in the notice to sell, You
authorise and consent to the sale or disposal of all Goods without further
notice regardless of their nature or value.
17.3. We will sell the Goods by any method(s) reasonably available to achieve
the best price reasonably available in the open market, taking into account
the costs of sale.
17.4. If We sell the Goods, We will apply the sale proceeds first against the costs
incurred by Us in administering the debt collection and sale process, such
as removal and cleaning costs, auction and collection costs and a charge
for Our management time, and second to pay the debt due from You.
17.5. If sale proceeds are not enough to settle in full all of these costs and the
outstanding sums due from You, You acknowledge that You will remain
responsible for the balance and We will take action to recover the
outstanding amounts through a debt collection agency. You will then also
be responsible for the debt collection agency fees.
17.6. If the sale proceeds are more than required to settle in full all of these costs
and the outstanding sums due from You, We will hold the balance for You
but We are not required to give You any interest on it.
17.7. If, in Our opinion and entirely at Our discretion, Your 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.
17.8. We may dispose of Your Goods at our discretion including but not limited to
in the following circumstances: in the event that Goods are damaged due to
fire, flood or other event that has made the Goods, in Our opinion, severely
damaged, of no commercial value, or dangerous to people or property or in
the event that the Goods may contain personal data belonging to you or
others. We do not need Your prior approval to take this action but will send
You notice within seven (7) days of assessing the Goods.
17.9. You acknowledge that We 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.
17.10. 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.
17.11. Notices will be sent by email and/or where We consider it necessary, by
hand, registered letter or recorded delivery service. They will be sent to the
address last notified by You to Us. If no address within the UK has been
provided, We will use any land or email address We hold for You and any
Alternate Contact Person.
17.12. You agree that We may immediately move, sell or dispose of any items
that You leave unattended in common areas or outside Your Unit at any
time with no liability to You.
18.
Because the nature and type of goods being stored by You from time to time is
entirely within Your discretion (subject to the restrictions in Conditions 7 and 8 ) You
must ensure that the Unit is suitable for the storage of the goods that You store or
intend to store in it. We cannot guarantee and make no assurance that any unit
allocated to You is a suitable place or means of storage for any particular goods and
accept no liability in this regard. We strongly advise You to inspect the Unit before
storing Goods in the Unit and from time to time throughout the period of this Licence.
All Unit sizes are approximate and there may be small variations in Your Unit size
from those described and We accept no responsibility for such inaccuracies. If You
have exact requirements, You are required to ensure the size of the Unit allocated is
correct with the Site before signing the Licence. In signing this Licence You agree to
the actual size of the unit You use and not any represented unit size.
19. RISK AND RESPONSIBILITY
19.1. We accept no liability for Goods placed in the Unit and accept no
responsibility for any loss or damage to any Goods or vehicles when on Our
Site.
19.2. Restricted Liability
19.2.1. Please note that We do not insure the Goods whilst they are on Site.
19.2.1.1. the insurance cover that You take out is for a sum which is at
least equal to the Maximum Replacement Value of the Goods stored
in the Unit from time to time; and
19.2.1.2. You may obtain insurance for the Good placed in the Unit and
We do not give any advice concerning insurance and it is for You to
make Your own judgment whether such insurance is appropriate to
cover the Goods and risks to them.
19.3. Nothing in this Licence is intended to limit Our liability to You where it
would be unlawful to do so. This includes liability for physical injury to, or the
death of, any person resulting directly from Our negligence or for fraud or
wilful default or that of Our agents or employees.
19.4. Subject to Conditions 19.1 to 19.3 above, We exclude all liability in respect
of Loss or Damage:
19.4.1. caused by Us or Our employees or agents in circumstances where
there is no breach of legal duty or care owed to You by Us or by any of
Our employees or agents;
19.4.2. that is not a reasonably foreseeable result of any breach (and
something is reasonably foreseeable either if it is obvious it will happen
or, if at the time this Licence was signed, both We and You knew that the
loss or damage might happen);
19.4.3. if You are using the Unit in part or in whole for commercial purposes,
for loss of profits (whether direct or indirect), loss of business opportunity,
loss of goodwill, loss of contract nor for other economic loss (direct or
indirect); or
19.4.4. which arises from or to the extent it is increased as a result of a
breach by You of any term of the Licence.
19.5. We accept no liability for any value of the Goods.
19.6. You confirm that:
19.6.1. You accept We will not be liable any loss or damage to the Goods.
19.7. In certain cases We may not be able to allow You access to the Unit or
Site, or carry out some of Our other obligations because of something that is
outside Our reasonable control. This could include any natural disaster, riot,
strike or lock-out, trade dispute or labour disturbance, electrical power failure,
act of terrorism or environmental or health emergency or hazard, or entry into
any unit including the Unit or the Site by, or arrest or seizure or confiscation
of Goods by competent authorities. If this happens then We will not be
responsible for failing to allow access to Your Goods for so long as the event
continues. We will try to minimise any effects arising from such
circumstances, but if We have not managed to resolve the situation within 3
weeks You will be entitled to terminate the Licence without charge and to
remove Your Goods at the earliest available opportunity.
19.8. You agree to comply with this Licence and all relevant laws and regulations
that are or may be applicable to the use of the Unit. This includes laws
relating to the Goods and how they are stored. You are responsible for any
breach of those laws and You must compensate Us for the full amount of any
claims, liabilities, demands, damages, costs and expenses We incur due to
Your breach of laws. If We have reason to believe that You are not complying
with all relevant laws, We may take any action We believe to be necessary,
including:
19.8.1. the action described in Conditions 5 and 22.5 ;
19.8.2. contacting, cooperating with and/or submitting Goods to the relevant
authorities; and/or
19.8.3. immediately disposing of or removing Goods at Your cost, and You
agree We may take such action at any time even though We could have
acted earlier.
20.
You will reimburse Us for the full amount of all claims, demands, liabilities damages,
costs and expenses (including reasonably incurred legal and professional fees) that
We or others incur which arise out of either:
20.1. the use of the Unit or the Site by You or anyone You allow to access the
Unit or the Site (including but not limited to the ownership or storage of
Goods in the Unit, the Goods themselves and/or accessing the Unit or Site);
or
20.2. breach of this Licence by You or anyone You allow to access the Unit or
Site; or
20.3. Our costs of enforcing any Conditions of this Licence; or
20.4. Any dispute as to the ownership of the Unit and/or Goods or as to the
person who is entitled at law to have possession of the Unit and/or Goods.
20.5. You will not be responsible for losses We incur which arise from Our
breach of this Licence (including where Our breach has put You in breach of
this Licence).
20.6. Your responsibility for outstanding moneys, property damage, personal
injury, environmental damage and legal responsibility under this Licence
continues to run beyond the termination of this Licence.
21.
This Licence shall expire on the Licence End Date or if no Licence End Date is
specified in the Licence Form and the Licence renews periodically after the minimum
storage period for a further 28 days and then it can be terminated as described in
Condition 22 .
22.
Either You or We may terminate this Licence as follows:-
22.1. by giving not less than the agreed written notice of 14 days to the other
and termination will take effect from the date specified in the notice or (if no
date is specified) the date which is fourteen days after the date of the notice,
which shall be the Licence End Date; or
22.2. if We commit a breach of this Licence, which We do not put right within 14
days of You notifying Us of it, then You may immediately terminate this
Licence; or
22.3. if We notify You of any change to the Licence Fees or any other Condition
of this Licence and You do not accept the change, You may terminate this
Licence without charge at any time before the new or amended Conditions
take effect by notice in writing to Us; or
22.4. if You undertake any illegal or environmentally harmful activities then We
may immediately terminate this Licence; or
22.5. if You breach this Licence in any other way and, if that breach can be put
right, You do not put that breach right within 14 days of Us notifying You of it
then We may immediately terminate this Licence, (and in each case where
We or You can terminate immediately, the Licence End Date shall be the
date the notice is effectively served on You or Us under Condition 33 ); and
22.6. if We enter the Unit for any reason and there are no Goods stored in it,
We may terminate the Licence without giving prior Notice.
22.7. The agreement will be terminated based on the notice given and subject
to the payment of the Fee due for the Licence.
22.8. The Licence is provided on a 28 days minimum basis, therefore if the 14
days notice falls within the 28 days then the termination will take effect but if
the 14 days notice falls within the next 28 days period, then the Fee will be
payable up to and including the full 28 days.
22.9. If you leave the Unit without cancelling the Licence as per Condition 21
and 22, then you will be liable for all Fees including Penalty Fees until the
Licence is cancelled by Us.
23.
23.1. On the Licence End Date, You must remove all goods from the Unit and
leave the Unit free from damage, clean and tidy and in the same condition as
at the Licence Commencement Date.
23.2. It is your duty to report any damage to the Unit prior to occupation and if
not reported, then you will be liable for the damage. If the Unit is damaged,
not left clean and tidy, You shall pay Our reasonable costs of repairing the
damage, cleaning the Unit or disposing of any Goods or rubbish left in the
Unit or on the Site.
23.3. We may treat Goods remaining in the Unit after the Licence End Date as
abandoned and may dispose of them in accordance with Conditions 17.3 to
17.8 . You will also be responsible for the removal of any rubbish You create
during this Licence.
23.4. We do not provide waste bins for Your use and all waste needs to be
removed from site at Your cost. If You leave rubbish on the Site or use Our
bins a charge will be applied to Your account for the cost of its removal or
and you will be liable for the cost of repairing the damage.
23.5. Damage includes painting as well as general damage to the Unit.
23.6. You agree to pay an administration fee of £100 to deal with any cleaning /
disposing of waste / good and an administration fee of £200 to deal with any
damage.
24.
The Licence Fees will be apportioned on a daily basis for any period of less than the
charge period. Where this Licence has terminated and You have paid more of the
Licence Fees and charges than are due at the Licence End Date, We will refund the
balance to You after deduction of any payments due to Us as if the balance were a
Deposit under Condition 16 . Where any payments are still outstanding from You
which are not covered by the remaining Deposit, You must pay Us in full before We
will release the Goods to You. Any calculation of the outstanding fees will be done by
Us. If You do not pay Us such amounts, Condition 17 may apply.
25.
You agree to examine the Goods carefully upon removing them from the Unit and
must tell Us about any loss or damage to the Goods as soon as is reasonably
possible after doing so for reference purposes.
26. PERSONAL INFORMATION
26.1. We collect information about You on registration and whilst this Licence
continues, including personal data (Your Data). We process Your Data in
accordance with the General Data Protection Regulation and all associated
laws.
26.2. We will use Your Data for the purposes of this Licence, to process
payments, communicate with You and generally maintain Your account.
26.3. We may share Your Data with, and collect information about You from,
credit reference or fraud prevention agencies (including Police, Counter
Terrorism and HM Customs & Excise), Debt Collection agencies and trade
associations of which We are a member.
26.4. We will release Your Data and other account details at any time if We
consider in Our sole discretion this is appropriate: (a) to comply with the law;
(b) to enforce this Licence; (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 Site, (f) if We consider the security of any unit at the Site or its
contents may otherwise be put at risk. Also, if We sell or buy any business or
assets, We may disclose Your Data and account details to the prospective
seller or buyer of such business or assets. If substantially all of Our assets
are acquired by a third party, Your Data and account details will be one of the
transferred assets.
26.5. You have the right to request a copy of the information that We hold on
You. If You would like a copy of some or all of Your personal information held
by Us, please contact us (details on the Licence Form).
26.6. You will be required to nominate one or more people as Authorised Contact
Persons (ACP) to manage Your account at the time You sign this Licence or
notify Us in writing at any later time if you wish to change the ACP. You may
(but are not obliged to) nominate one or more people as Authorised Access
Persons (AAP) to have access to the Unit by naming them as AAP in Part 1
or notifying Us in writing at any later time.
26.7. For Your nominated ACP, You authorise Us to contact that person, provide
and discuss the details of Your account and any default of this Licence by
You and generally to deal with such Alternative Contact as Your agent in
relation to this Licence, in particular if We are unable to contact You at the
contact details You have supplied to Us for any reason.
26.8. You confirm that You have the right to provide to Us the personal data and
to authorise Us to use such data for the specific purposes set out in
Conditions 26.6 and 26.7 . You agree to inform Us in writing of any changes
to Your details or those of any ACP or AAP as soon as possible following the
change.
26.9. We will not share Your Data with a person identifying themselves as Your
spouse or partner unless such person is named as an ACP to manage Your
account.
27.
You acknowledge and agree that:
27.1. the terms of this Licence constitute the whole contract with Us;
27.2. in entering this Licence, You have not relied on any statements or
representations made orally or otherwise which are not included in this
Licence;
27.3. You have raised all queries relevant to Your decision to enter into this
Licence with Us and We have, prior to You entering into this Licence,
answered all such queries to Your satisfaction;
27.4. any matters resulting from such queries have, to the extent required by You
and agreed to by Us, been recorded in writing in the terms of this Licence;
and
27.5. if We decide not to exercise or enforce any right that We have against You
at a particular time, then this does not prevent Us from later deciding to
exercise or enforce that right unless We tell You in writing that We have
waived or given up Our ability to do so.
28.
If any part of this Licence is found to be void or unenforceable then that part of the
Licence shall be removed, but the remainder of this Licence will continue to apply.
29.
This Licence is personal to You. You may not transfer this Licence, to any other
person, firm or company and a breach of this Condition is a serious breach under
Condition 22.5 .
30.
No one other than You or Us will have any rights to enforce any of the Conditions of
this Licence.
31.
This Licence shall be governed by the laws of England and Wales. Any dispute or
claim that either You or We bring will be decided on the basis of the laws of England
and Wales by the Courts of England and Wales alone unless You request that Your
local United Kingdom jurisdiction or law should apply (in which case that other
relevant United Kingdom jurisdiction and/or law shall apply). Before taking any court
proceedings for anything arising out of this Licence, both You and We agree to try to
settle any dispute by informal conciliation. The complaining party shall inform the
other party in writing of the dispute in as much detail as possible. If the dispute
cannot be resolved, You and We agree to use the Centre for Effective Dispute
Resolution (www.cedr.com) to try to resolve the dispute amicably. If the dispute is
not resolved within ninety (90) days after notice of the dispute has been given, You
or We may submit the dispute to the Court. This Condition does not affect the right of
either You or Us to terminate this Licence.
32.
Where You are two or more persons Your obligations under this Licence shall be
obligations of each of You jointly and separately.
33.
If You need to contact Us, please contact Us at the address at the start of the
Licence Form. We will also contact You at the address You have given in this
Licence Form unless You let Us know in writing of a different address.
34.
We reserve the right at any time to modify this Licence and to change, impose new
or additional Terms & Conditions on Your Licence. Such modifications and/or
additional Conditions will be notified to You in writing, by post or email, giving You 20
days’ notice of their effective date. If You continue to use the Unit, We will be entitled
to take this as Your acceptance of the new or amended Conditions. If You do not
want to accept the new or amended Conditions, You may terminate this Licence
without charge at any time before the new or amended Conditions take effect by
notice in writing to Us.
35.
35.1. Any notice which is given by either You or Us:
35.1.1. must be given in writing (delivered by hand or by post) or via email;
35.1.2. if given by Us, notice shall be addressed to You and posted or
emailed to Your address / email address contained in Part 1 of this
Licence or any other address in the United Kingdom that You have
notified to Us in writing; and
35.1.3. if given by You, notice must be addressed to Us and posted or
emailed to Our address / email address contained in Part 1 of this
Licence.
35.2. A notice will be served at the time of delivery by hand or 48 hours after it
was placed in the post or at the time the e-mail was sent by the sender,
provided that the sender does not receive an e-mail message stating that the
e-mail has not been received by the intended recipient.
35.3. You are to notify Us promptly in writing of a change of Your address, phone
numbers and email address shown in Part 1 of this Licence, any change in
Your billing details and/or any change to the contact details provided for any
Alternate Contact Person.
(Trading Name of MADE DAILY LTD, company number 09220898)
Licence Terms and Conditions
1. In this Licence, the following words have the following meanings:
Access Hours and Site Rules
The hours We permit access to the Unit (displayed on site).
Generally, between 8am – 6pm Monday to Saturday. 9am – 4pm on Sundays.
(subject to change)
Business Customer
A customer who is not a domestic customer
Deposit
The amount specified in the Licence Form
Domestic Customer
Any natural person who is acting for purposes which are outside his trade or
profession
Due Date
The start date specified in the Licence Form and thereafter on the corresponding
date in each continuing period (or if the period is four weekly, the first day in each
four week period) or in each case on the previous business day if the Due Date falls
on a Saturday, Sunday or public holiday
The Goods
Anything You store in the Unit at any time during this Licence
The Licence
These conditions and the information set out in the Licence Form and the Licence
Terms and Conditions, which you have agreed to
Licence Commencement Date
The start date specified in the Licence Form
Licence End Date
The date specified in the Licence Form (if any) or if the licence continues on a
periodic basis, the date of termination of this Licence in accordance with Condition
21 or 22 .
The Licence Fees
The amount specified in the Licence Form or as most recently notified to You by Us
Licence Form
The agreement between Us and You, the Customer
Loss or Damage
Identifiable losses, destruction of or damage to Your Goods due to wilful acts or
omission, including theft by forcible entry or damage while the Goods are in the Unit
in accordance with Condition 19.2 (Restricted Liability).
Prompt Payment
In respect of payment of each and every sum due under this Licence, payment on
the Due Date and in respect of any sum being due under any other agreement
between You and Us, payment within seven (7) days of that sum being demanded in
writing
Site
The premises on which the Unit is situated
Unit
The storage unit specified in the Licence Form or any alternative storage unit We
may specify under Condition 11 .
We, Us, Our
Made Daily Ltd of 50 Caledonian Road, Dewsbury, West Yorkshire, WF12 9NT
(company number 09220898), trading as Redbeck Self Storage
You, Your
The customer named in the Licence Form
You may have other rights granted to You by law in addition to those set out in these
Licence Conditions, which We may not exclude. These Terms and Conditions do not
affect those other rights granted by law. If You wish to obtain further information
about Your rights, You should seek independent legal advice or speak to Your local
Citizen's Advice Bureau or Trading Standards Office.
2.
2.1. So long as the Licence Fees are paid up to date, We will license You (but no
other person) to use the Unit for the storage of Goods in the Unit in
accordance with this Licence from the Licence Commencement Date until
this Licence expires or is terminated. The Unit may not be used for living
accommodation, either on a temporary or permanent basis.
2.2. You are deemed to have knowledge of the Goods in the Unit.
2.3. We do not have and will not be deemed to have knowledge of the Goods in
the Unit, or of the nature, condition or state of repair of any such Goods.
2.4. This Licence shall not create a tenancy or lease or similar arrangement.
2.5. The Unit is being provided in good condition and without damage. Any
damage to the unit needs to be bought to the attention of Us at the time it is
inspected by the Customer and will be recorded in the Licence Form.
2.6. The Customer must follow all instructions given for their safety, especially
signs indicating entrance and exit routes. Speed limits must be strictly
adhered to. All doors and gates must be closed and secured, where
applicable, by The Customer before they depart the site. The Customer is
liable for any associated costs, caused directly or indirectly, by gates or
doors left un-secured by The Customer. The Customer must report any
safety or security issues immediately to The Owner. The Customer must stay
within the storage areas on the site. The Customer may not enter any other
areas unsupervised by The Owner. The Customer is responsible for their
own and any accompanying peoples’ safety. It is advised that children and
pets are kept under close supervision as The Owner accepts no
responsibility for their safety.
2.7. The Owner and The Owners representatives have the right to be treat with
respect at all times; without verbal intimidation or any form of violence or
harassment. Any infringement of this will lead to the immediate termination of
the contract, with all fees to be paid before The Customer may clear their
goods.
3.
3.1. You have the right to access the Unit at any time during the Access Hours for
the purposes of depositing, removing, substituting or inspecting the Goods
and Your regular inspection of the Unit for damage or unsuitability for the
Goods. No access to the Unit will be permitted for any other purposes or
outside Access Hours, unless We have agreed to extended or 24 hour
access. We reserve the right to charge an administrative fee of £25 inclusive
of VAT to allow access outside the Access Hours (the fee is subject to
change and will be provided to the Customer before access is arranged and
the fee will be higher depending on the notice given and the time required for
access). We will try to provide advance warning of changes in Access Hours
by notices on Site, but We reserve the right to change Access Hours on a
temporary basis to other reasonable Access times at any time without giving
any prior notice. You will be entitled to terminate the Licence with immediate
effect with no penalty if Your Access Hours are reduced on a permanent
basis.
3.2. Only You and persons authorised in writing or accompanied by You will be
allowed to have access to the Unit. You are responsible for the actions of
anyone that You authorise to access the Site and for anyone that You allow
to accompany You on to the Site. Any such person is Your agent for whose
actions You are responsible for to Us and other users of units at the Site. You
may withdraw any authorisation at any time but the withdrawal will not be
effective until We receive it in writing. We may ask for proof of identity from
You or any other person at any time (although We are not obliged to do so)
and We may refuse access to any person (including You) who is unable to
provide satisfactory proof of identity. We may refuse You or Your agents
access at any time if We consider in Our reasonable discretion that the safety
of any person on the Site, or the security of the Unit or its contents, or other
units or their contents, will be put at risk.
4.
You are responsible for providing a secure padlock for the Unit and You must ensure
that the Unit is locked so as to be secure from unauthorised entry at all times when
You are not in the Unit. You are not permitted to apply a padlock to the Unit in Our
overlocking position and We may have any such padlock forcefully cut off at Your
expense. Where applicable, You will secure the external gates and/or doors of the
Site. We will not be responsible for locking any unlocked Unit or for looking after
Your key. You should not leave Your key with and/or provide Your pin number to, or
permit access to Your Unit to any person other than Your own agent, who is
responsible to You and subject to Your control and if You do so, You do so at Your
own risk whether or not such person is Our employee or agent. We do not accept
liability for any person (including Our employee or agent) holding Your key and
having access to Your Unit and any such person acts as Your agent only.
5.
You will permit Us and Our agents and contractors to enter the Unit in the following
circumstances and if necessary We may break the lock to gain entry:-
5.1. if We give You not less than seven (7) days' notice so that We may inspect
the Unit or carry out repairs, maintenance and alterations to it or any other
unit or part of the Site;
5.2. at any time without notifying You (but We will give You notice as soon as
practicable afterwards as long as We are not prevented by law from doing
so);
5.3. if We reasonably believe that the Unit contains any items described in
Condition 8 or is being used in breach of Condition 9 ;
5.4. if We are required to do so by the Police, Fire Services, Local Authority, HM
Revenue & Customs, Trading Standards or by a Court Order;
5.5. to obtain access in accordance with Conditions 11 (relocation) and 17 (sale
of Goods if You default on payment);
5.6. for any purpose, without prior notice if We believe it is necessary in the event
of: an emergency or to prevent injury to persons or damage to Our own
property and to carry out Our duty to safeguard Goods belonging to You or
other customers;
5.7. to prevent injury or damage to persons or property; or
for the purpose of checking whether the Unit contains any items described in
Condition 8 or if We reasonably consider that such entry is necessary to
ascertain whether action needs to be taken to prevent injury or damage to
persons or property.
6.
You confirm that throughout this Licence, the Goods in the Unit from time to time
abide by the laws of England and Wales, are Your own property or that the person
who owns or has an interest in them has given You irrevocable authority to store the
Goods in the Unit on the terms and conditions in this Licence and that You act as a
duly authorised agent of any such person. You will pay any and all costs We incur or
claims made against Us if this is not true.
7.
We may refuse to permit You to store any Goods or require You to collect any
Goods from the Unit if in Our reasonable opinion the safety of any person on the
Site, or the security of the Unit or its contents, or other units or their contents, would
be put at risk by the storage or continued storage of any such Goods.
8.
8.1. You must not store or keep (and You must not allow any other person to
store) any of the following in the Unit:-
8.1.1. food or perishable goods unless securely packed in hard plastic or
glass containers so that they are protected from and do not attract
vermin;
8.1.2. Any motor vehicles;
8.1.3. any Goods which are contaminated with food or any other substance
which may deteriorate, rot, become mouldy or attract vermin
8.1.4. Lithium ion batteries exceeding a watt-hour (Wh) rating of 160 Wh
UNLESS they are built-in and cannot be removed from otherwise
permitted Goods (see Conditions 8.1.6 , 8.1.7 and 8.2 );
8.1.5. portable battery chargers, power banks or any similar portable power
source;
8.1.6. More than five (5) E-Scooters, E-Bikes, E-Skateboards or any similar
battery-powered vehicles in any one Unit unless the battery has been
removed and is not being stored in the Unit;
8.1.7. More than ten (10) laptops, tablets, children's toys or other similar
items containing built-in batteries in any one Unit unless agreed by Us
in writing;
8.1.8. plants, birds, fish, animals or any other living creatures;
8.1.9. combustible or flammable materials or liquids such as gas, paint,
petrol, oil or cleaning solvents;
8.1.10. firearms, explosives, weapons, ammunition or any components of
these;
8.1.11. chemicals, radioactive materials, biological agents;
8.1.12. toxic waste, asbestos or other materials of a potentially dangerous
nature;
8.1.13. any item which emits any fumes, smell or odour;
8.1.14. compressed gases;
8.1.15. any illegal substances, illegal items or goods illegally obtained such
as counterfeit goods, illicit (counterfeit/smuggled) tobacco or alcohol
and unlicensed or unsafe goods (such as toys, electrical goods,
medicines, aerosols, cosmetics, fireworks);
8.1.16. goods which are environmentally harmful or that are a risk to the
property of any person;
8.1.17. items which are irreplaceable or of high value requiring specialist
storage, such as currency, jewellery, bullion, furs, deeds, bonds,
securities, works of art, antiques, fine wines and items of personal
sentimental value;
8.1.18. waste materials including any materials or goods for export deemed to
be waste, such as used electrical equipment (unless tested and
certified for re-use), used vehicles or used vehicle parts.
8.2. When storing any Goods that contain built-in batteries including, but not
limited to, laptops or tablets, children’s toys, E-Scooters, E-Bikes, E-
Skateboards or any similar battery-powered vehicles (see Conditions 8.1.6
and 8.1.7 ), You must ensure:
8.2.1. the Goods are free from visible physical defect or fault; and
8.2.2. such Goods are not stacked and are stored allowing air circulation.
8.2.3. We recommend all batteries are stored with the lowest practical charge.
8.3. You will be liable under Condition 20 for any breach of this Condition 8
8.4. You must ensure that Goods brought into storage are securely and properly
packed or bottled and not otherwise in a condition that may cause damage or
injury to the Unit or the Site or any other unit on the Site or any other
property, whether by spreading damp, infestation, leakage or the escape of
fumes or substances in any other way.
9.
You must not (and You must not allow any other person to):-
9.1. use the Unit or do anything on the Site or in the Unit which is illegal, may be
or may become a nuisance to Us or the users of any other unit or any person
on the Site;
9.2. use the Unit as offices or living accommodation or as a home or business
address and not use the address of the site or Unit for receiving mail;
9.3. spray paint or do any mechanical work of any kind in the Unit;
9.4. attach anything to the internal or external surfaces of the Unit or paint or
make any alteration to the Unit;
9.5. allow any liquid, substance, smell or odour to escape from the Unit or any
noise to be audible or vibration to be felt outside the Unit;
9.6. cause any damage to the Unit or any other unit or the Site or its facilities or to
the property of Us or any other unit users or other persons on the Site (which
includes by removal, haulage or delivery contractors) and if You cause any
damage You must (at Our option) repair, restore or replace such damage or
item or reimburse the reasonable costs of making necessary repairs,
restoration or replacement or make proper compensation to other unit users
at the Site;
9.7. leave anything in or obstruct or block any passageway, stairway, service area
or other part of the Site and You must at all times be courteous to others and
take reasonable care for Your own safety and that of others in using these
areas;
9.8. leave on Site any waste or refuse that is created by storing the Goods and
You will be charged the reasonable costs of disposing of such waste or
refuse if You do not comply with this Condition;
9.9. connect or provide any utilities or services to the Unit unless authorised in
advance in writing by Us;
9.10. use or do anything at the Site or in the Unit which may invalidate or
increase premiums under any insurance policies taken out by Us or any other
person;
9.11. ignore any regulations in force from time to time at the Site and in
particular You undertake to observe and comply with the “No Smoking” policy
that is in effect for every unit at the Site and its common parts;
9.12. display any signs at the Site or on the windows or doors of Your Unit
without Our written consent; or
9.13. distribute any leaflets or promotional materials to other customers at the
Site whether direct to the units or in the common parts.
10.
You must (and You will ensure that anyone authorised by You to access the Site
must):-
10.1. use reasonable care when on the Site or in the Unit and take all
reasonable care in respect of the Unit, the Site, and the property of Us or any
other unit users or other persons on the Site;
10.2. inform Us of any damage or defect to the Unit as soon as You become
aware of it;
10.3. comply with the reasonable directions of any of Our employees, agents
and contractors at the Site and any further regulations for the use, safety and
security of the Unit and the Site which We may issue from time to time.
11.
This Licence does not give You any right to exclusive possession of the Unit.
11.1. We reserve the right to relocate You to another unit specified by Us, which
shall not be smaller than the current Unit:
11.1.1. by giving 14 days’ notice during which You can elect to terminate the
Licence under Condition 22 ; or
11.1.2. by giving 14 days’ notice if We close the Site or any part of the Site for
redevelopment, in which case We may require You to move the
Goods from the Unit to another unit at another site which We shall try
to ensure is as near as possible to the Site in the given
circumstances; or
11.1.3. on shorter notice in the event of a fire or flood or other incident or
occurrence at the Site which in Our opinion requires the Unit or any
part of the Site to be closed or sealed off.
11.2. If We do require You to relocate then We may agree to pay Your
reasonable costs of removal (our absolute discretion) which have been
approved in writing by Us in advance of the removal.
11.3. If You do not arrange the removal of Goods to the alternative unit by the
date specified in Our notice, We and Our agents and contractors may enter
the Unit and do so. In doing so, We and Our agents and contractors will act
on Your behalf and the removal will be at Your risk and We will not be liable
for any damage or loss.
11.4. If the Goods are moved to an alternative unit, this Licence will be varied by
the substitution of the alternative unit number and site name (if applicable)
but shall otherwise continue in full force and effect and the Licence Fees at
the rate in force for the original unit at the time of the removal will continue
to apply to Your use of the alternative unit.
12.
You must pay Us the Licence Fees for the minimum period of storage (if applicable)
or otherwise the charge period specified in the Licence Form on signature of this
Licence. After that, You must pay the Licence Fees in advance on each Due Date.
12.1. The minimum period the Licence is given for is 28 days, followed by 28
days renewal if a set date is not agreed in the Licence Form.
12.2. Once the 28 days Licence expires, the Licence will automatically renew for
a further 28 days unless cancelled as per Condition 21 and 22 and You will
be liable for the full automatic renewal.
12.3. If Your storage contract is linked to a minimum stay and You leave before
this stay ends You will be liable for all charges to the end of the agreed
minimum stay period (i.e. up to the earliest vacate date).
12.4. If You do not pay any Licence Fees by the Due Date then We may
immediately without notice to You withdraw any further discounts,
deductions, business services (if applicable) or other rebates on the
Licence Fees which We have agreed to grant to You.
12.5. In support of Our Green policy, We will not print or post invoices to Our
customers. However, if requested, invoices will be sent via email.
13.
We may alter the Licence Fees at any time by giving You at least 30 days written
notice and the new Fees shall take effect on the day after this 30 days notice period.
You may terminate this Licence without charge at any time before the new Fees take
effect.
14.
No payment will have been made until We have received clear funds. It is Your
responsibility to see that payment is made directly to Us on time and in full
throughout the period of storage. Any Licence Fees paid by direct transfer will not be
credited to Your account unless You identify the payment clearly and as directed by
Us so We can see it relates to Your account. We shall have no liability to You and
You will cover any and all costs or losses incurred by Us if We take steps to enforce
the Licence (including the sale of Goods) due to Your failure to identify a payment.
14.1. In the event that a direct debit is dishonoured, We will charge You an
administrative charge of £20 each time a direct debit is not allowed.
14.2. If You do not pay the Licence Fees by the Due Date then We will charge
you a penalty fee of £15 per week for each week the payment is late or not
made.
14.3. You will be responsible for and agree to pay any costs incurred by Us in
collecting late, partial or unpaid Licence Fees, or in enforcing this Licence
in any way, including but not limited to postal, telephone, unit inventory,
debt collection, legal fees, personnel and/or default action costs and
associated legal and professional fees.
14.4. Where You have more than one licence with Us, all will form one account
with Us and We may in Our sole discretion choose to apply any payment
made by You or on Your behalf for this Licence against any debt due from
You to Us on any licence in the account.
14.5. If You make a part payment of any of the Licence Fees outstanding under
this Licence 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
Licence in respect of the Licence Fees which remain outstanding from You.
The time period from which We may take such action will still start from the
Due Date on which the original Licence Fees were due and the Due Date
will not be extended as a result of Your part payment.
15.
All sums payable to Us under the Licence will become due immediately upon
termination of the Licence unless You have terminated this Licence due to Our
negligence. Any calculation of the outstanding fees will be made by Us.
16.
16.1. You must pay Us the Deposit on Your signature of this Licence. We may
deduct from the Deposit any reasonable amount We may in Our sole
discretion require to cover:-
16.1.1. any breach of Condition 9.6 (damage caused by You or Your agents);
16.1.2. any of the Licence Fees which have not been paid or any unpaid
removal or other charges; or
16.1.3. any other obligation to Us that You have not performed.
16.2. We will return the balance of the Deposit to You (without interest, which will
remain Ours) by cash, credit card or electronic transfer, subject to the way
You previously paid Your Licence Fee, no more than 21 days after this
Licence terminates subject to no matters outstanding. If We are unable to
process the repayment following vacation, unclaimed deposits and credit
balances will be forfeited after 12 months.
16.3. If We deduct any monies from the Deposit (whilst the Licence is ongoing)
You shall on request without delay make up the difference so that the
Deposit balance is not reduced.
17.
We take the issue of Prompt Payment very seriously and We have a right of lien over
the Goods. A lien means that We have a right to retain the Goods until We have
received full payment of the sums due to Us and We may sell or dispose of the
Goods as described below. The lien lasts until the payment in full has been made
either by credit or debit card payment or received by Us as cleared funds in our bank
account. Whilst any Payment remains overdue and outstanding, We have the right to
change the lock on the Unit. If the lock cannot be removed, You shall be liable for
any fees in relation to removing the lock on the unit.
17.1. Regardless of Condition 22 , if any sum payable under the Licence is not
paid when due, then You agree that, in addition to any other rights We may
have:
17.1.1. the Goods are left in the Unit at Your sole risk;
17.1.2. without limiting Conditions 17.1.1 or 19 , We exclude liability in respect
of the Goods when payment of the Licence Fee or any other charges is
overdue;
17.1.3. We will be entitled without further notice to refuse You and Your
agents access to the Goods, the Unit and the Site and to install a new
lock on the Unit until the outstanding amount has been received by Us in
full; and
17.1.4. We may apply the Deposit against the unpaid amount and, if is not
sufficient to clear the debt in full, We may hold onto and/or ultimately sell
or dispose of some or all of the Goods in accordance with this Condition
17 .
17.2. If any sum payable under the Licence is still outstanding one month after
the service of written notice from Us requiring You to pay all outstanding
amounts in full, or if You fail to collect the Goods after We have required
You to collect them or if You fail to collect the Goods on expiry or
termination of this Licence, We may in Our absolute discretion:
17.2.1. recover possession of the Unit and move Your Goods to the nearest
alternative storage facility available for such purpose and charge You for
all reasonable costs incurred by Us in moving and storing Your Goods,
together with any repeated costs if We reasonably require to move Your
Goods at any time afterwards;
17.2.2. send You a further notice in writing setting out the amount outstanding
at the date of that notice and informing You that, if You do not pay the
outstanding amount in full within 14 days of the date of the notice, We will
sell some or all of the Goods as if We were the owner of the Goods and
will pass all ownership of the Goods to the buyer. If You do not make
payment in full within the time limits set out in the notice to sell, You
authorise and consent to the sale or disposal of all Goods without further
notice regardless of their nature or value.
17.3. We will sell the Goods by any method(s) reasonably available to achieve
the best price reasonably available in the open market, taking into account
the costs of sale.
17.4. If We sell the Goods, We will apply the sale proceeds first against the costs
incurred by Us in administering the debt collection and sale process, such
as removal and cleaning costs, auction and collection costs and a charge
for Our management time, and second to pay the debt due from You.
17.5. If sale proceeds are not enough to settle in full all of these costs and the
outstanding sums due from You, You acknowledge that You will remain
responsible for the balance and We will take action to recover the
outstanding amounts through a debt collection agency. You will then also
be responsible for the debt collection agency fees.
17.6. If the sale proceeds are more than required to settle in full all of these costs
and the outstanding sums due from You, We will hold the balance for You
but We are not required to give You any interest on it.
17.7. If, in Our opinion and entirely at Our discretion, Your 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.
17.8. We may dispose of Your Goods at our discretion including but not limited to
in the following circumstances: in the event that Goods are damaged due to
fire, flood or other event that has made the Goods, in Our opinion, severely
damaged, of no commercial value, or dangerous to people or property or in
the event that the Goods may contain personal data belonging to you or
others. We do not need Your prior approval to take this action but will send
You notice within seven (7) days of assessing the Goods.
17.9. You acknowledge that We 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.
17.10. 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.
17.11. Notices will be sent by email and/or where We consider it necessary, by
hand, registered letter or recorded delivery service. They will be sent to the
address last notified by You to Us. If no address within the UK has been
provided, We will use any land or email address We hold for You and any
Alternate Contact Person.
17.12. You agree that We may immediately move, sell or dispose of any items
that You leave unattended in common areas or outside Your Unit at any
time with no liability to You.
18.
Because the nature and type of goods being stored by You from time to time is
entirely within Your discretion (subject to the restrictions in Conditions 7 and 8 ) You
must ensure that the Unit is suitable for the storage of the goods that You store or
intend to store in it. We cannot guarantee and make no assurance that any unit
allocated to You is a suitable place or means of storage for any particular goods and
accept no liability in this regard. We strongly advise You to inspect the Unit before
storing Goods in the Unit and from time to time throughout the period of this Licence.
All Unit sizes are approximate and there may be small variations in Your Unit size
from those described and We accept no responsibility for such inaccuracies. If You
have exact requirements, You are required to ensure the size of the Unit allocated is
correct with the Site before signing the Licence. In signing this Licence You agree to
the actual size of the unit You use and not any represented unit size.
19. RISK AND RESPONSIBILITY
19.1. We accept no liability for Goods placed in the Unit and accept no
responsibility for any loss or damage to any Goods or vehicles when on Our
Site.
19.2. Restricted Liability
19.2.1. Please note that We do not insure the Goods whilst they are on Site.
19.2.1.1. the insurance cover that You take out is for a sum which is at
least equal to the Maximum Replacement Value of the Goods stored
in the Unit from time to time; and
19.2.1.2. You may obtain insurance for the Good placed in the Unit and
We do not give any advice concerning insurance and it is for You to
make Your own judgment whether such insurance is appropriate to
cover the Goods and risks to them.
19.3. Nothing in this Licence is intended to limit Our liability to You where it
would be unlawful to do so. This includes liability for physical injury to, or the
death of, any person resulting directly from Our negligence or for fraud or
wilful default or that of Our agents or employees.
19.4. Subject to Conditions 19.1 to 19.3 above, We exclude all liability in respect
of Loss or Damage:
19.4.1. caused by Us or Our employees or agents in circumstances where
there is no breach of legal duty or care owed to You by Us or by any of
Our employees or agents;
19.4.2. that is not a reasonably foreseeable result of any breach (and
something is reasonably foreseeable either if it is obvious it will happen
or, if at the time this Licence was signed, both We and You knew that the
loss or damage might happen);
19.4.3. if You are using the Unit in part or in whole for commercial purposes,
for loss of profits (whether direct or indirect), loss of business opportunity,
loss of goodwill, loss of contract nor for other economic loss (direct or
indirect); or
19.4.4. which arises from or to the extent it is increased as a result of a
breach by You of any term of the Licence.
19.5. We accept no liability for any value of the Goods.
19.6. You confirm that:
19.6.1. You accept We will not be liable any loss or damage to the Goods.
19.7. In certain cases We may not be able to allow You access to the Unit or
Site, or carry out some of Our other obligations because of something that is
outside Our reasonable control. This could include any natural disaster, riot,
strike or lock-out, trade dispute or labour disturbance, electrical power failure,
act of terrorism or environmental or health emergency or hazard, or entry into
any unit including the Unit or the Site by, or arrest or seizure or confiscation
of Goods by competent authorities. If this happens then We will not be
responsible for failing to allow access to Your Goods for so long as the event
continues. We will try to minimise any effects arising from such
circumstances, but if We have not managed to resolve the situation within 3
weeks You will be entitled to terminate the Licence without charge and to
remove Your Goods at the earliest available opportunity.
19.8. You agree to comply with this Licence and all relevant laws and regulations
that are or may be applicable to the use of the Unit. This includes laws
relating to the Goods and how they are stored. You are responsible for any
breach of those laws and You must compensate Us for the full amount of any
claims, liabilities, demands, damages, costs and expenses We incur due to
Your breach of laws. If We have reason to believe that You are not complying
with all relevant laws, We may take any action We believe to be necessary,
including:
19.8.1. the action described in Conditions 5 and 22.5 ;
19.8.2. contacting, cooperating with and/or submitting Goods to the relevant
authorities; and/or
19.8.3. immediately disposing of or removing Goods at Your cost, and You
agree We may take such action at any time even though We could have
acted earlier.
20.
You will reimburse Us for the full amount of all claims, demands, liabilities damages,
costs and expenses (including reasonably incurred legal and professional fees) that
We or others incur which arise out of either:
20.1. the use of the Unit or the Site by You or anyone You allow to access the
Unit or the Site (including but not limited to the ownership or storage of
Goods in the Unit, the Goods themselves and/or accessing the Unit or Site);
or
20.2. breach of this Licence by You or anyone You allow to access the Unit or
Site; or
20.3. Our costs of enforcing any Conditions of this Licence; or
20.4. Any dispute as to the ownership of the Unit and/or Goods or as to the
person who is entitled at law to have possession of the Unit and/or Goods.
20.5. You will not be responsible for losses We incur which arise from Our
breach of this Licence (including where Our breach has put You in breach of
this Licence).
20.6. Your responsibility for outstanding moneys, property damage, personal
injury, environmental damage and legal responsibility under this Licence
continues to run beyond the termination of this Licence.
21.
This Licence shall expire on the Licence End Date or if no Licence End Date is
specified in the Licence Form and the Licence renews periodically after the minimum
storage period for a further 28 days and then it can be terminated as described in
Condition 22 .
22.
Either You or We may terminate this Licence as follows:-
22.1. by giving not less than the agreed written notice of 14 days to the other
and termination will take effect from the date specified in the notice or (if no
date is specified) the date which is fourteen days after the date of the notice,
which shall be the Licence End Date; or
22.2. if We commit a breach of this Licence, which We do not put right within 14
days of You notifying Us of it, then You may immediately terminate this
Licence; or
22.3. if We notify You of any change to the Licence Fees or any other Condition
of this Licence and You do not accept the change, You may terminate this
Licence without charge at any time before the new or amended Conditions
take effect by notice in writing to Us; or
22.4. if You undertake any illegal or environmentally harmful activities then We
may immediately terminate this Licence; or
22.5. if You breach this Licence in any other way and, if that breach can be put
right, You do not put that breach right within 14 days of Us notifying You of it
then We may immediately terminate this Licence, (and in each case where
We or You can terminate immediately, the Licence End Date shall be the
date the notice is effectively served on You or Us under Condition 33 ); and
22.6. if We enter the Unit for any reason and there are no Goods stored in it,
We may terminate the Licence without giving prior Notice.
22.7. The agreement will be terminated based on the notice given and subject
to the payment of the Fee due for the Licence.
22.8. The Licence is provided on a 28 days minimum basis, therefore if the 14
days notice falls within the 28 days then the termination will take effect but if
the 14 days notice falls within the next 28 days period, then the Fee will be
payable up to and including the full 28 days.
22.9. If you leave the Unit without cancelling the Licence as per Condition 21
and 22, then you will be liable for all Fees including Penalty Fees until the
Licence is cancelled by Us.
23.
23.1. On the Licence End Date, You must remove all goods from the Unit and
leave the Unit free from damage, clean and tidy and in the same condition as
at the Licence Commencement Date.
23.2. It is your duty to report any damage to the Unit prior to occupation and if
not reported, then you will be liable for the damage. If the Unit is damaged,
not left clean and tidy, You shall pay Our reasonable costs of repairing the
damage, cleaning the Unit or disposing of any Goods or rubbish left in the
Unit or on the Site.
23.3. We may treat Goods remaining in the Unit after the Licence End Date as
abandoned and may dispose of them in accordance with Conditions 17.3 to
17.8 . You will also be responsible for the removal of any rubbish You create
during this Licence.
23.4. We do not provide waste bins for Your use and all waste needs to be
removed from site at Your cost. If You leave rubbish on the Site or use Our
bins a charge will be applied to Your account for the cost of its removal or
and you will be liable for the cost of repairing the damage.
23.5. Damage includes painting as well as general damage to the Unit.
23.6. You agree to pay an administration fee of £100 to deal with any cleaning /
disposing of waste / good and an administration fee of £200 to deal with any
damage.
24.
The Licence Fees will be apportioned on a daily basis for any period of less than the
charge period. Where this Licence has terminated and You have paid more of the
Licence Fees and charges than are due at the Licence End Date, We will refund the
balance to You after deduction of any payments due to Us as if the balance were a
Deposit under Condition 16 . Where any payments are still outstanding from You
which are not covered by the remaining Deposit, You must pay Us in full before We
will release the Goods to You. Any calculation of the outstanding fees will be done by
Us. If You do not pay Us such amounts, Condition 17 may apply.
25.
You agree to examine the Goods carefully upon removing them from the Unit and
must tell Us about any loss or damage to the Goods as soon as is reasonably
possible after doing so for reference purposes.
26. PERSONAL INFORMATION
26.1. We collect information about You on registration and whilst this Licence
continues, including personal data (Your Data). We process Your Data in
accordance with the General Data Protection Regulation and all associated
laws.
26.2. We will use Your Data for the purposes of this Licence, to process
payments, communicate with You and generally maintain Your account.
26.3. We may share Your Data with, and collect information about You from,
credit reference or fraud prevention agencies (including Police, Counter
Terrorism and HM Customs & Excise), Debt Collection agencies and trade
associations of which We are a member.
26.4. We will release Your Data and other account details at any time if We
consider in Our sole discretion this is appropriate: (a) to comply with the law;
(b) to enforce this Licence; (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 Site, (f) if We consider the security of any unit at the Site or its
contents may otherwise be put at risk. Also, if We sell or buy any business or
assets, We may disclose Your Data and account details to the prospective
seller or buyer of such business or assets. If substantially all of Our assets
are acquired by a third party, Your Data and account details will be one of the
transferred assets.
26.5. You have the right to request a copy of the information that We hold on
You. If You would like a copy of some or all of Your personal information held
by Us, please contact us (details on the Licence Form).
26.6. You will be required to nominate one or more people as Authorised Contact
Persons (ACP) to manage Your account at the time You sign this Licence or
notify Us in writing at any later time if you wish to change the ACP. You may
(but are not obliged to) nominate one or more people as Authorised Access
Persons (AAP) to have access to the Unit by naming them as AAP in Part 1
or notifying Us in writing at any later time.
26.7. For Your nominated ACP, You authorise Us to contact that person, provide
and discuss the details of Your account and any default of this Licence by
You and generally to deal with such Alternative Contact as Your agent in
relation to this Licence, in particular if We are unable to contact You at the
contact details You have supplied to Us for any reason.
26.8. You confirm that You have the right to provide to Us the personal data and
to authorise Us to use such data for the specific purposes set out in
Conditions 26.6 and 26.7 . You agree to inform Us in writing of any changes
to Your details or those of any ACP or AAP as soon as possible following the
change.
26.9. We will not share Your Data with a person identifying themselves as Your
spouse or partner unless such person is named as an ACP to manage Your
account.
27.
You acknowledge and agree that:
27.1. the terms of this Licence constitute the whole contract with Us;
27.2. in entering this Licence, You have not relied on any statements or
representations made orally or otherwise which are not included in this
Licence;
27.3. You have raised all queries relevant to Your decision to enter into this
Licence with Us and We have, prior to You entering into this Licence,
answered all such queries to Your satisfaction;
27.4. any matters resulting from such queries have, to the extent required by You
and agreed to by Us, been recorded in writing in the terms of this Licence;
and
27.5. if We decide not to exercise or enforce any right that We have against You
at a particular time, then this does not prevent Us from later deciding to
exercise or enforce that right unless We tell You in writing that We have
waived or given up Our ability to do so.
28.
If any part of this Licence is found to be void or unenforceable then that part of the
Licence shall be removed, but the remainder of this Licence will continue to apply.
29.
This Licence is personal to You. You may not transfer this Licence, to any other
person, firm or company and a breach of this Condition is a serious breach under
Condition 22.5 .
30.
No one other than You or Us will have any rights to enforce any of the Conditions of
this Licence.
31.
This Licence shall be governed by the laws of England and Wales. Any dispute or
claim that either You or We bring will be decided on the basis of the laws of England
and Wales by the Courts of England and Wales alone unless You request that Your
local United Kingdom jurisdiction or law should apply (in which case that other
relevant United Kingdom jurisdiction and/or law shall apply). Before taking any court
proceedings for anything arising out of this Licence, both You and We agree to try to
settle any dispute by informal conciliation. The complaining party shall inform the
other party in writing of the dispute in as much detail as possible. If the dispute
cannot be resolved, You and We agree to use the Centre for Effective Dispute
Resolution (www.cedr.com) to try to resolve the dispute amicably. If the dispute is
not resolved within ninety (90) days after notice of the dispute has been given, You
or We may submit the dispute to the Court. This Condition does not affect the right of
either You or Us to terminate this Licence.
32.
Where You are two or more persons Your obligations under this Licence shall be
obligations of each of You jointly and separately.
33.
If You need to contact Us, please contact Us at the address at the start of the
Licence Form. We will also contact You at the address You have given in this
Licence Form unless You let Us know in writing of a different address.
34.
We reserve the right at any time to modify this Licence and to change, impose new
or additional Terms & Conditions on Your Licence. Such modifications and/or
additional Conditions will be notified to You in writing, by post or email, giving You 20
days’ notice of their effective date. If You continue to use the Unit, We will be entitled
to take this as Your acceptance of the new or amended Conditions. If You do not
want to accept the new or amended Conditions, You may terminate this Licence
without charge at any time before the new or amended Conditions take effect by
notice in writing to Us.
35.
35.1. Any notice which is given by either You or Us:
35.1.1. must be given in writing (delivered by hand or by post) or via email;
35.1.2. if given by Us, notice shall be addressed to You and posted or
emailed to Your address / email address contained in Part 1 of this
Licence or any other address in the United Kingdom that You have
notified to Us in writing; and
35.1.3. if given by You, notice must be addressed to Us and posted or
emailed to Our address / email address contained in Part 1 of this
Licence.
35.2. A notice will be served at the time of delivery by hand or 48 hours after it
was placed in the post or at the time the e-mail was sent by the sender,
provided that the sender does not receive an e-mail message stating that the
e-mail has not been received by the intended recipient.
35.3. You are to notify Us promptly in writing of a change of Your address, phone
numbers and email address shown in Part 1 of this Licence, any change in
Your billing details and/or any change to the contact details provided for any
Alternate Contact Person.