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Ellesmere Port Chester Wirral
Ideal Storage: Our Terms and Conditions of Business
Storage
1. Provided that all fees are paid up to date, you are authorised to store goods in the unit (or units) allocated to you. When storing goods you confirm that you are either the owner and/or are entitled at law to retain the goods in accordance with the terms of our agreement.
2. Ideal Storage do not have and will not be deemed to have any knowledge of the goods stored.
3. By entering into an agreement with us, you are not granted any lease or tenancy of the unit duly allocated to you.
Cost
4. In order to enter into an agreement with us you must pay a deposit. This deposit (or the balance of it after any appropriate deductions for unpaid fees, repairs, cleaning or other charges to put right any breach of this Agreement) will be refunded to you within 14 days of termination of our Agreement.
5. You are responsible to pay: (a) all storage fees, payable in accordance with the terms of our agreement and thereafter must ensure that payments are made for the duration of the agreement. Any payments made by way of standing order must contain a reference number (which can be provided by us) to ensure that payment is allocated to the right account. Ideal Storage shall have no liability whatsoever if steps are taken to enforce the agreement due to your failure to properly identify a payment. Furthermore, Ideal Storage will not accept that payment has been made until it has received cleared funds and, if any payment is later dishonoured, will charge any subsequent banking fees; (b) any cleaning fees or charges for repairs, to be invoiced at our sole discretion; (c) Late payment fees. These are more specifically detailed within the agreement but there will be a release fee of £10.00 for late payments up to seven days and £15.00 thereafter. In addition, should it become necessary to write to you concerning late or non-payment then an administration charge of £40.00 will be added to your account. We also reserve the right to claim statutory interest under either s.69 of the County Court Act 1984 (for private/individual clients) or The Late Payment of Commercial Debt (Interest) Act 1998 (for businesses); the latter of which also attracts a statutory claim for compensation. Interest will be claimed from the earliest date upon which payment first became due.
Default right to sell goods
6. If any sum owing to Ideal Storage is not paid when on the due date, then you accept that we may, without further notice: (a) refuse you and/or your authorised agents access to the Goods, the unit and secure the unit until such time as the outstanding amount is paid (together with additional charges); (b) enter the unit for the purpose of inspecting and/or removing goods to another unit or site and to charge you for all reasonable costs of doing so on any number of occasions as deemed appropriate; and (c) apply the deposit as against the outstanding amount and, if insufficient to clear it in full, retain and/or ultimately sell or dispose of some or all of the stored goods.
7. You acknowledge and accept that we shall be entitled to continue to charge for storage from the date the debt first becomes due until such time as payment is either made in full or the goods are otherwise sold or disposed of. Should this become necessary then Ideal Storage will sell the goods as if they were the legal owner and will pass all rights of ownership in the goods to the end buyer.
8. If, on either the expiry or termination of this Agreement, you fail to remove all goods from the unit, then Ideal Storage shall be authorised to treat the goods as abandoned and may then sell or dispose of all goods by any means.
9. You will be liable for any storage fees we incur from the period of abandonment to the sale and/or disposal of goods; together with the cost of such disposal (including any transportation costs).
10. Before we either sell or dispose of goods, we will give you notice in writing to collect the goods, together with a request to bring your account up-to-date. However, if you fail to pay the outstanding balance and/or collect the goods then Ideal Storage will access the unit and begin the process of either selling or disposing of the goods without any further notice, regardless of their nature or value. We will always endeavour to secure the best price possible on the open market, taking into account the costs of sale. We also reserve the right to request payment of default action costs, including any costs associated with accessing the unit and/or disposal or sale of the goods all of which will be added to the outstanding amount and pursued accordingly.
11. All sale proceeds will be applied first against the cost of removal and sale of goods and thereafter to either pay the debt in full or reduce it. In the event that the sale proceeds do not discharge all of these costs and the debt itself, then you must pay us the balance within seven days of a written demand. Should it become necessary to issue legal proceedings for recovery of any outstanding amount then a claim will be made in respect of interest, court fees and legal costs.
12. If we consider that the goods are not suitable for resale, then the goods will be treated as abandoned and may be disposed of at your cost. Written notice of this decision will be given to you and will permit a period of 7 days within which to remove the goods.
13. Any items left unattended in common areas or outside the unit may be moved, sold or disposed of at our sole discretion and without giving notice.
Access
14. You have the right to access your nominated unit during our standard hours of operation and subject to the terms of this Agreement. We reserve the right to change our hours of operation without notice and/or in an emergency but will always endeavour to give advance notice of this.
15. Only you or persons authorised by you may access the unit. Our sites are not physically manned at all times; you are therefore responsible for and liable to us for your own actions and those of your authorised persons or gents.
16. We may from time to time require proof of identity from either yourself or any other person visiting the unit on your behalf. We also reserve the right to refuse access to any person who is unable to produce satisfactory identification.
17. We reserve the right to refuse access to the unit when monies remain due and outstanding, regardless of whether or not a formal demand for payment has been made. We also reserve the right to refuse access if we consider that the safety or security of any person, unit or goods on our site may be threatened or put at risk.
18. Under the terms of our agreement, you should not leave a key with or permit access to the unit to any person other than those specifically authorised by you. Regardless, should you issue keys or permit access to your unit then you do so entirely at your own risk.
19. You authorise us and/or our nominated agents to enter the unit in the following circumstances and to break the 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; (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 we believe that the unit is being used to store prohibited goods or for a prohibited purpose; or if we are obliged to do so by law for example, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order.
Conditions
20. You will be provided with a secure padlock for your unit. You must ensure that the unit is locked at all times so as to be secure from unauthorised entry. We will not be responsible for locking any unlocked unit; nor for any subsequent loss as a result of your failure to do so.
21. You must not store (or allow any other person to store) any of the following in the unit: (a) food or other 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) currency, deeds, and securities; and (j) items which are unique in nature and /or where the value cannot be assessed on a financial basis.
22. You will only use the unit 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 site or in the unit which may cause a nuisance to Ideal Storage 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 either on site or in the unit itself which may invalidate or increase premiums under any insurance policies which may be held by either us or any other third party; (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 specifically authorised by us or (f) cause damage to the unit or any part of the site (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space on any of our sites.
23. You are responsible for maintaining 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, then we will be entitled to retain the deposit, charge a reasonable cleaning fee and/or claim full reimbursement from you for the reasonable costs of repairs, replacement, restoration, proper compensation and/or appropriate disposal of refuse.
24. You must at all times use reasonable care on site and have respect for both the site and other unit users. Should you discover any damage or defect then we would request that you notify us of this immediately.
25. This Agreement does not confer any rights to exclusive possession of the unit and we reserve the right to relocate your goods to another unit, but not smaller than the current unit. We can do this by: (a) giving 14 days clear notice (during which time you may elect to terminate the agreement) or (b) on shorter notice if a specific incident and/or emergency occurs which means that goods have to be transferred elsewhere on the site. In this event, we will pay all reasonable costs of removal. However, if you do not arrange removal by the date specified within our formal notice then you authorise us and/or our agents to enter the unit and remove the goods. Following any such removal then this agreement will be varied by substitution of the new unit number but otherwise continues in full force and effect at the rate in force for the original unit at the time of the removal.
26. You must ensure the unit allocated to you is suitable for the storage of the goods intended to be stored in it. You are advised to inspect the unit prior to storing goods there and we recommend that you periodically inspect the unit throughout the term of our Agreement. Ideal Storage makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
27. We reserve the right to refuse certain goods for storage, for example, if we consider that the storage of such goods might present a risk to the safety of any person or other property.
28. You must give us written notice of any change in contact details at the soonest opportunity and no more than seven days after such changes have taken place.
Risk and responsibility
29. We will not be held liable for any loss or damages suffered by you, howsoever caused, resulting from an inability to access our site or unit regardless of the cause.
30. All goods are stored at the sole risk and responsibility of you and you will remain responsible and bear the risk of any and all theft, damage to and deterioration of the goods caused by any reason. We exclude all liability in respect of (a) loss or damage to your business, if any, including consequential loss, lost profits or business interruption, (b) loss of or damage to any goods or any claim for the return of the storage fees except where this results from our specific negligence and/or breach of contract, in which case our liability will be limited to the sum of £100.00 (One Hundred Pounds) in total. We do 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 either ourselves, our agents and/or our employees.
31. We do not insure any goods and it is a strict 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. By entering into the Agreement with us, you warrant 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. We do not give any advice concerning insurance cover given by any policy and you must therefore make your own judgment as to adequacy of cover. Furthermore, inspection of any insurance documents provided by you to demonstrate cover does not mean that the policy is approved by us or that the cover confirmed to us is sufficient for your specific purposes.
32. You will be liable for and compensate us for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by either us or any other associated third parties 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 our site) or (b) breach of this Agreement by you and/or or any of your agents or (c) enforcement of any of the terms of this Agreement.
33. You acknowledge and agree 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 you and includes any and all liabilities resulting from such a breach.
34. If we have any reason to believe that you are not complying with all relevant laws then we may take any action we consider to be necessary. You therefore agree that we may take such action at any time even though we could potentially have acted earlier.
35. In respect of circumstances outside of our reasonable control, we shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of our 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 failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit, 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 the goods and/or unit for so long as the circumstances continue. We will, however, attempt to minimise any effects arising from such circumstances.
Personal Information
36. Important notice under current General Data Protection Regulations: We collect certain information about you upon initial registration and this is retained by us whilst the Agreement is in force. This includes personal data. We process all data in accordance with the General Data Protection Regulation and all associated laws. This includes information to process payments, communicate with you and generally maintain your account in order to comply with our legal obligations and for our legitimate business interests. We may from time to time share data with carefully selected third parties, such as credit reference or fraud prevention agencies. Should you fail to make payment then we may also share your personal data with debt collection agents and/or external solicitors. Therefore, by entering into this Agreement you acknowledge that your information may be used in this way. We will also release personal data and/or information, together with other account details at any time if we consider in our sole discretion that 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 any one of our sites, (f) we consider the security of any unit and/or its contents may otherwise be put at risk.
37. Should we ever sell or buy any business or assets, we may also disclose certain data and account details to the prospective seller or buyer of such business or assets or if substantially all of our 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 we retain about them, to request that inaccurate data is rectified, to restrict how data is used and in certain circumstances to have data deleted. Requests for any of these should be emailed or sent to us by post.
38. We will never use your personal data for the purpose of external marketing activities.
Notice
39. Notices to be given either by us or you must always be in writing and must either be delivered by hand or sent by pre-paid post. We may also give notice to you by SMS or email but only if you have elected to receive correspondence this way. Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or SMS or 48 hours after posting. Notices from us to you will always be sent to your last known address.
Termination
40. Either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with the Agreement terms.
41. In the event of illegal or environmentally harmful activities on your part or through any other breach of this Agreement then we may terminate the Agreement immediately and may retain your deposit and/or charge for apportioned storage fees. This also applies if less than the requisite notice is given by you.
42. When terminating the Agreement, you agree to leave the Unit in a clean condition and in a good state of repair. In the event that goods and/or refuse are left in the unit after the termination date, then you will be liable to pay any outstanding storage fees and/or any expenses on default or any other monies owing to us up to the termination date.
43. If we enter the unit for any reason and there are no goods stored in it, then we may terminate the Agreement without giving prior notice but will send notice to you within seven days.
44. Liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
General Provisions
45. We may vary our storage fees or any other terms of this Agreement and add new terms and conditions provided that such modifications are notified to you in writing. Any modified terms will take effect on the first due date occurring not less than twenty eight days after the date of our notice. You may then terminate without charge before the change takes effect by giving notice to us, otherwise your continued use of the unit will be considered as acceptance of and agreement to the amended terms.
46. You acknowledge and agree that :(a) the terms of this document constitute the whole contract with us and that by entering into this agreement, you rely upon no representations, oral or otherwise, other than those specifically contained within this Agreement; (b) you have raised all queries relevant to your decision to enter into this Agreement with us and that we have, prior to you entering into this Agreement, answered all such queries to your absolute satisfaction; (c) any matters resulting from such queries have, to the extent required by you and duly agreed by us, been reduced to writing and incorporated into the terms of this Agreement; (d) if we decide not to exercise or enforce any right that it has against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right unless we notify you in writing that we have waived or given up our ability to do so; (e) it is not intended that anyone other than you and us (Ideal Storage) 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) you may not assign or transfer any of your rights under this Agreement or part with possession of the unit or goods whilst they are stored on one of our sites and (h) where you consist of two or more persons each person takes on the obligations under this Agreement separately.
47. This Agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. 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..
1. Provided that all fees are paid up to date, you are authorised to store goods in the unit (or units) allocated to you. When storing goods you confirm that you are either the owner and/or are entitled at law to retain the goods in accordance with the terms of our agreement.
2. Ideal Storage do not have and will not be deemed to have any knowledge of the goods stored.
3. By entering into an agreement with us, you are not granted any lease or tenancy of the unit duly allocated to you.
Cost
4. In order to enter into an agreement with us you must pay a deposit. This deposit (or the balance of it after any appropriate deductions for unpaid fees, repairs, cleaning or other charges to put right any breach of this Agreement) will be refunded to you within 14 days of termination of our Agreement.
5. You are responsible to pay: (a) all storage fees, payable in accordance with the terms of our agreement and thereafter must ensure that payments are made for the duration of the agreement. Any payments made by way of standing order must contain a reference number (which can be provided by us) to ensure that payment is allocated to the right account. Ideal Storage shall have no liability whatsoever if steps are taken to enforce the agreement due to your failure to properly identify a payment. Furthermore, Ideal Storage will not accept that payment has been made until it has received cleared funds and, if any payment is later dishonoured, will charge any subsequent banking fees; (b) any cleaning fees or charges for repairs, to be invoiced at our sole discretion; (c) Late payment fees. These are more specifically detailed within the agreement but there will be a release fee of £10.00 for late payments up to seven days and £15.00 thereafter. In addition, should it become necessary to write to you concerning late or non-payment then an administration charge of £40.00 will be added to your account. We also reserve the right to claim statutory interest under either s.69 of the County Court Act 1984 (for private/individual clients) or The Late Payment of Commercial Debt (Interest) Act 1998 (for businesses); the latter of which also attracts a statutory claim for compensation. Interest will be claimed from the earliest date upon which payment first became due.
Default right to sell goods
6. If any sum owing to Ideal Storage is not paid when on the due date, then you accept that we may, without further notice: (a) refuse you and/or your authorised agents access to the Goods, the unit and secure the unit until such time as the outstanding amount is paid (together with additional charges); (b) enter the unit for the purpose of inspecting and/or removing goods to another unit or site and to charge you for all reasonable costs of doing so on any number of occasions as deemed appropriate; and (c) apply the deposit as against the outstanding amount and, if insufficient to clear it in full, retain and/or ultimately sell or dispose of some or all of the stored goods.
7. You acknowledge and accept that we shall be entitled to continue to charge for storage from the date the debt first becomes due until such time as payment is either made in full or the goods are otherwise sold or disposed of. Should this become necessary then Ideal Storage will sell the goods as if they were the legal owner and will pass all rights of ownership in the goods to the end buyer.
8. If, on either the expiry or termination of this Agreement, you fail to remove all goods from the unit, then Ideal Storage shall be authorised to treat the goods as abandoned and may then sell or dispose of all goods by any means.
9. You will be liable for any storage fees we incur from the period of abandonment to the sale and/or disposal of goods; together with the cost of such disposal (including any transportation costs).
10. Before we either sell or dispose of goods, we will give you notice in writing to collect the goods, together with a request to bring your account up-to-date. However, if you fail to pay the outstanding balance and/or collect the goods then Ideal Storage will access the unit and begin the process of either selling or disposing of the goods without any further notice, regardless of their nature or value. We will always endeavour to secure the best price possible on the open market, taking into account the costs of sale. We also reserve the right to request payment of default action costs, including any costs associated with accessing the unit and/or disposal or sale of the goods all of which will be added to the outstanding amount and pursued accordingly.
11. All sale proceeds will be applied first against the cost of removal and sale of goods and thereafter to either pay the debt in full or reduce it. In the event that the sale proceeds do not discharge all of these costs and the debt itself, then you must pay us the balance within seven days of a written demand. Should it become necessary to issue legal proceedings for recovery of any outstanding amount then a claim will be made in respect of interest, court fees and legal costs.
12. If we consider that the goods are not suitable for resale, then the goods will be treated as abandoned and may be disposed of at your cost. Written notice of this decision will be given to you and will permit a period of 7 days within which to remove the goods.
13. Any items left unattended in common areas or outside the unit may be moved, sold or disposed of at our sole discretion and without giving notice.
Access
14. You have the right to access your nominated unit during our standard hours of operation and subject to the terms of this Agreement. We reserve the right to change our hours of operation without notice and/or in an emergency but will always endeavour to give advance notice of this.
15. Only you or persons authorised by you may access the unit. Our sites are not physically manned at all times; you are therefore responsible for and liable to us for your own actions and those of your authorised persons or gents.
16. We may from time to time require proof of identity from either yourself or any other person visiting the unit on your behalf. We also reserve the right to refuse access to any person who is unable to produce satisfactory identification.
17. We reserve the right to refuse access to the unit when monies remain due and outstanding, regardless of whether or not a formal demand for payment has been made. We also reserve the right to refuse access if we consider that the safety or security of any person, unit or goods on our site may be threatened or put at risk.
18. Under the terms of our agreement, you should not leave a key with or permit access to the unit to any person other than those specifically authorised by you. Regardless, should you issue keys or permit access to your unit then you do so entirely at your own risk.
19. You authorise us and/or our nominated agents to enter the unit in the following circumstances and to break the 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; (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 we believe that the unit is being used to store prohibited goods or for a prohibited purpose; or if we are obliged to do so by law for example, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order.
Conditions
20. You will be provided with a secure padlock for your unit. You must ensure that the unit is locked at all times so as to be secure from unauthorised entry. We will not be responsible for locking any unlocked unit; nor for any subsequent loss as a result of your failure to do so.
21. You must not store (or allow any other person to store) any of the following in the unit: (a) food or other 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) currency, deeds, and securities; and (j) items which are unique in nature and /or where the value cannot be assessed on a financial basis.
22. You will only use the unit 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 site or in the unit which may cause a nuisance to Ideal Storage 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 either on site or in the unit itself which may invalidate or increase premiums under any insurance policies which may be held by either us or any other third party; (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 specifically authorised by us or (f) cause damage to the unit or any part of the site (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space on any of our sites.
23. You are responsible for maintaining 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, then we will be entitled to retain the deposit, charge a reasonable cleaning fee and/or claim full reimbursement from you for the reasonable costs of repairs, replacement, restoration, proper compensation and/or appropriate disposal of refuse.
24. You must at all times use reasonable care on site and have respect for both the site and other unit users. Should you discover any damage or defect then we would request that you notify us of this immediately.
25. This Agreement does not confer any rights to exclusive possession of the unit and we reserve the right to relocate your goods to another unit, but not smaller than the current unit. We can do this by: (a) giving 14 days clear notice (during which time you may elect to terminate the agreement) or (b) on shorter notice if a specific incident and/or emergency occurs which means that goods have to be transferred elsewhere on the site. In this event, we will pay all reasonable costs of removal. However, if you do not arrange removal by the date specified within our formal notice then you authorise us and/or our agents to enter the unit and remove the goods. Following any such removal then this agreement will be varied by substitution of the new unit number but otherwise continues in full force and effect at the rate in force for the original unit at the time of the removal.
26. You must ensure the unit allocated to you is suitable for the storage of the goods intended to be stored in it. You are advised to inspect the unit prior to storing goods there and we recommend that you periodically inspect the unit throughout the term of our Agreement. Ideal Storage makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
27. We reserve the right to refuse certain goods for storage, for example, if we consider that the storage of such goods might present a risk to the safety of any person or other property.
28. You must give us written notice of any change in contact details at the soonest opportunity and no more than seven days after such changes have taken place.
Risk and responsibility
29. We will not be held liable for any loss or damages suffered by you, howsoever caused, resulting from an inability to access our site or unit regardless of the cause.
30. All goods are stored at the sole risk and responsibility of you and you will remain responsible and bear the risk of any and all theft, damage to and deterioration of the goods caused by any reason. We exclude all liability in respect of (a) loss or damage to your business, if any, including consequential loss, lost profits or business interruption, (b) loss of or damage to any goods or any claim for the return of the storage fees except where this results from our specific negligence and/or breach of contract, in which case our liability will be limited to the sum of £100.00 (One Hundred Pounds) in total. We do 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 either ourselves, our agents and/or our employees.
31. We do not insure any goods and it is a strict 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. By entering into the Agreement with us, you warrant 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. We do not give any advice concerning insurance cover given by any policy and you must therefore make your own judgment as to adequacy of cover. Furthermore, inspection of any insurance documents provided by you to demonstrate cover does not mean that the policy is approved by us or that the cover confirmed to us is sufficient for your specific purposes.
32. You will be liable for and compensate us for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by either us or any other associated third parties 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 our site) or (b) breach of this Agreement by you and/or or any of your agents or (c) enforcement of any of the terms of this Agreement.
33. You acknowledge and agree 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 you and includes any and all liabilities resulting from such a breach.
34. If we have any reason to believe that you are not complying with all relevant laws then we may take any action we consider to be necessary. You therefore agree that we may take such action at any time even though we could potentially have acted earlier.
35. In respect of circumstances outside of our reasonable control, we shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of our 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 failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit, 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 the goods and/or unit for so long as the circumstances continue. We will, however, attempt to minimise any effects arising from such circumstances.
Personal Information
36. Important notice under current General Data Protection Regulations: We collect certain information about you upon initial registration and this is retained by us whilst the Agreement is in force. This includes personal data. We process all data in accordance with the General Data Protection Regulation and all associated laws. This includes information to process payments, communicate with you and generally maintain your account in order to comply with our legal obligations and for our legitimate business interests. We may from time to time share data with carefully selected third parties, such as credit reference or fraud prevention agencies. Should you fail to make payment then we may also share your personal data with debt collection agents and/or external solicitors. Therefore, by entering into this Agreement you acknowledge that your information may be used in this way. We will also release personal data and/or information, together with other account details at any time if we consider in our sole discretion that 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 any one of our sites, (f) we consider the security of any unit and/or its contents may otherwise be put at risk.
37. Should we ever sell or buy any business or assets, we may also disclose certain data and account details to the prospective seller or buyer of such business or assets or if substantially all of our 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 we retain about them, to request that inaccurate data is rectified, to restrict how data is used and in certain circumstances to have data deleted. Requests for any of these should be emailed or sent to us by post.
38. We will never use your personal data for the purpose of external marketing activities.
Notice
39. Notices to be given either by us or you must always be in writing and must either be delivered by hand or sent by pre-paid post. We may also give notice to you by SMS or email but only if you have elected to receive correspondence this way. Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or SMS or 48 hours after posting. Notices from us to you will always be sent to your last known address.
Termination
40. Either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with the Agreement terms.
41. In the event of illegal or environmentally harmful activities on your part or through any other breach of this Agreement then we may terminate the Agreement immediately and may retain your deposit and/or charge for apportioned storage fees. This also applies if less than the requisite notice is given by you.
42. When terminating the Agreement, you agree to leave the Unit in a clean condition and in a good state of repair. In the event that goods and/or refuse are left in the unit after the termination date, then you will be liable to pay any outstanding storage fees and/or any expenses on default or any other monies owing to us up to the termination date.
43. If we enter the unit for any reason and there are no goods stored in it, then we may terminate the Agreement without giving prior notice but will send notice to you within seven days.
44. Liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
General Provisions
45. We may vary our storage fees or any other terms of this Agreement and add new terms and conditions provided that such modifications are notified to you in writing. Any modified terms will take effect on the first due date occurring not less than twenty eight days after the date of our notice. You may then terminate without charge before the change takes effect by giving notice to us, otherwise your continued use of the unit will be considered as acceptance of and agreement to the amended terms.
46. You acknowledge and agree that :(a) the terms of this document constitute the whole contract with us and that by entering into this agreement, you rely upon no representations, oral or otherwise, other than those specifically contained within this Agreement; (b) you have raised all queries relevant to your decision to enter into this Agreement with us and that we have, prior to you entering into this Agreement, answered all such queries to your absolute satisfaction; (c) any matters resulting from such queries have, to the extent required by you and duly agreed by us, been reduced to writing and incorporated into the terms of this Agreement; (d) if we decide not to exercise or enforce any right that it has against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right unless we notify you in writing that we have waived or given up our ability to do so; (e) it is not intended that anyone other than you and us (Ideal Storage) 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) you may not assign or transfer any of your rights under this Agreement or part with possession of the unit or goods whilst they are stored on one of our sites and (h) where you consist of two or more persons each person takes on the obligations under this Agreement separately.
47. This Agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. 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..
Why choose ideal?
- Cars and Plant
- Market Traders
- eBay Stock Storage
- Office Space
- Archive Storage
- Student Storage
- Business (Commercial) Storage
- Domestic (Household) Storage
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