1. So long as all fees are paid up to date, (You): (a) are licensed to store Goods in the Unit allocated to You and only in that Unit; (b) are deemed to have knowledge of the Goods in the Unit; and (c) warrant that You are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
2.Whiteball Self Storage (WSS): (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian nor a warehouseman of the Goods and You acknowledge that WSS does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit.
3.You must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deductions for unpaid Fees, repairs, cleaning or other charges to put right any breach of this Agreement by You) will be refunded by WSS within 21 days of termination of this Agreement.
4. You are responsible to pay: (a) the Storage Fee (being the amount set out in the cover sheet or as most recently notified to You by WSS) payable in advance on commencement of storage and thereafter on the first day of each storage period (Due Date). Payment is to be by debit or credit card and a handling fee will be charged for payment by any other method. It is Your responsibility to see that payment is made on time and in full throughout the period of storage.
WSS will not accept that payment has been made until it has received cleared funds and, if any payment is later dishonoured, may charge the Cheque Return Fee; (b) the Cleaning Fee or charges for repairs, to be invoiced at WSS’s discretion as per clause 19; (c) a Late Payment Fee each time a payment is late. This will be £1 a day, plus VAT, for each day that WSS’s Fees remain unpaid after the Due Date until finally paid.; (d) any costs incurred by WSS in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; and (e) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS
5. WSS takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 35, if any sum owing to WSS is not paid when due, You authorise WSS without further notice to: (a) refuse You and Your agents access to the Goods, the Unit and the Facility and overlock the Unit until the amount due and other fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Condition 7. You acknowledge that (a) WSS shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) WSS will sell the Goods as if WSS was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay fees on the Due Date, the value of any discounts and special offers which You have received will be payable by You in full.
6 On expiry or termination of this Agreement, if You fail to remove all Goods from the Unit, WSS is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 7 to 9. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal.
7. Before WSS sells or disposes of the Goods, it will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by You to WSS in writing or by email only if You have elected not to receive traditional mail. If no address within the UK has been provided, WSS will use any land or email address it holds for You. If You fail to pay the Debt and/or collect the Goods (as appropriate) WSS will access Your space and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature or value. WSS will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. WSS may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.
8. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, You must pay WSS the balance within 7 days of a written demand. WSS may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due, WSS will hold the balance for You but no interest will accrue on it.
9. If, in the opinion of WSS and entirely at the discretion of WSS, 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 WSS to treat the Goods as abandoned and WSS may dispose of all Goods by any means at Your cost. WSS may dispose of Your Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the WSS, severely damaged, of no commercial value, or dangerous to persons or property. WSS does not need Your prior approval to take this action but will send Notice to You within 7 days of assessing the goods
10. Any items left unattended in common areas or outside Your Unit at any time may at WSS’s discretion be moved, sold or disposed of immediately with no liability to WSS.
11. You have the right to access the Unit during Access Hours as posted by WSS and subject to the terms of this Agreement. WSS will try to provide advance warning of changes to Access Hours by notice at the Facility but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
12. Only You or others authorised or accompanied by You (Your Agents) may access the Unit. You are responsible for and liable to WSS and other users of the Facility for Your own actions and those of its Agents. WSS may (but is not obliged to) require proof of identity from You or any other person at any time and, at WSS’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
13. WSS may refuse You access to the Unit and/or the Facility where moneys are owing by You to WSS, whether or not a formal demand for payment has been made, or if WSS considers the safety or security of any person, unit or goods on or at the Facility has been threatened or may be put at risk.
14. You should not leave a key with or permit access to the Unit to any person other than Your own Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.
15. You authorise WSS and its agents and contractors 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 or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or if WSS believes the Unit is being used to store prohibited goods or for a prohibited purpose; or if WSS is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or exercise WSS’s lien or power of sale or disposal in accordance with this Agreement.
16 You will be solely responsible for ensuring the Unit is locked with an appropriate device so as to be secure from unauthorised entry at all times when You are not in the Unit. WSS will not be responsible for locking any unlocked Unit. When applicable, You will secure the external gate of the Facility.
17. You must not store (or allow any other person to store) any of the following in the Unit: (a) food or perishable goods unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances 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; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis. You will be liable under Condition 28 for any breach of this Condition 17.
18. You will use the Unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to WSS or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of WSS or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the Unit unless authorised by WSS; or (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Facility.
19. You must maintain the Unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness of or damage to the Unit or Facility, WSS will be entitled to retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement from You of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.
20. You must (and ensure that Your Agents) use reasonable care on site and have respect for the Facility and other unit users, inform WSS of any damage or defect immediately it is discovered and comply with the reasonable directions of WSS’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as WSS shall issue periodically.
21. This Agreement does not confer on You any right to exclusive possession of the Unit and WSS reserves the right to relocate You to another Unit not smaller than the current Unit (a) by giving 14 days’ notice during which You can elect to terminate this agreement under Condition 35 or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, WSS will pay Your reasonable costs of removal if approved in writing by WSS in advance of removal. If You do not arrange removal by the date specified in WSS’s notice, then You authorise WSS and its agents to enter the Unit acting as Your agents and at Your risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 26) remove the goods. Following removal 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.
22 You must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and are advised to inspect the Unit before storing Goods and periodically during the storage period. WSS makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
23 WSS may refuse to permit You to store any Goods or require You to collect any Goods if in its opinion storage of such Goods creates a risk to the safety of any person or property.
24 You must give Notice to WSS in writing of any change of address, phone numbers or email address of Yourself or the Alternate Contact Person (“ACP”) within 48 hours of any change. You agree WSS is entitled to discuss any default by You with the ACP registered on the Agreement.
RISK AND RESPONSIBILITY
25. WSS will not be liable for any loss or damages suffered by You resulting from an inability to access the Facility or the Unit, regardless of the cause.
26. The Goods are stored at Your sole risk and responsibility and You shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. WSS excludes 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 Goods or any claim for return of the Storage Fees except where this results from WSS’s negligence or breach of contract, in which case WSS’s liability will be limited to the sum of £100 in total. WSS does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or wilful default on the part of WSS, its agents and/or employees.
27 WSS does not insure the Goods and it is a condition of this Agreement that the Goods remain adequately insured at all times for their Replacement Value (as set out on the cover sheet) while they are in storage. You warrant that such cover is in place, that You 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. WSS does not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover even when facilitated by the WSS. Inspection of any insurance documents provided by You to demonstrate cover does not mean WSS has approved the cover or confirmed it is sufficient.
28. You will be liable for and compensate WSS for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by WSS or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by You or Your Agents or (c) enforcement of any of the terms of this
29. 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.
30. If WSS has reason to believe that You are not complying with all relevant laws WSS may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 15 and 35, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at Your expense. You agree that WSS may take such action at any time even though WSS could have acted earlier.
31. In respect of circumstances outside WSS’s reasonable control, WSS shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, WSS will not be responsible for failing to allow access to the Goods, Unit and/or the Facility for so long as the circumstances continue. WSS will try to minimise any effects arising from such circumstances.
32. WSS collects information about You on registration, and whilst this Agreement continues, including personal data (Data). WSS processes Data in accordance with the General Data Protection Regulation and all associated laws. WSS uses Data to process payments, communicate with You and generally maintain Your account, to comply with its legal obligations and for its legitimate business interests. WSS may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which WSS is a member. If You do not pay Fees when due, WSS may share Data with debt collection agents. If You request that WSS arrange insurance, WSS will pass Data on to the insurer, who may enter such Data onto a register of claims shared with other insurers to prevent fraudulent claims. WSS will release Data and other account details at any time if it considers in its sole discretion this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Facility, (f) if WSS considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if WSS sells or buys any business or assets, it may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of WSS’s assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that WSS holds on 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 the addresses on the cover sheet to our Data Compliance Manager. More details on how WSS uses Data and Your rights in relation to Data are set out in WSS’s Privacy Notice which can be viewed on its website or provided on request.
33. If You give consent, WSS will use Data for feedback purposes, including to provide You with information on products or services provided by WSS in response to requests from You or if WSS believes they may be of interest. Your choice with regard to the relevant use of Data is indicated in the cover sheet and can be changed at any time by contacting WSS.
34. Notices given by WSS or You must be in writing and must either be delivered by hand or sent by pre-paid post. WSS may instead give Notice to You by email 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 48 hours after posting. Notices from WSS to You will be sent to the address on the cover sheet or the most recent address in UK notified to WSS. In the event of not being able to contact You at the last notified address or other contact including email, Notice is deemed to have been given to You if WSS serves that Notice on the ACP as identified on the Agreement at the last notified address or other contact including email of the ACP. Any notice from You must be sent to WSS at the address on the cover sheet. In the event that there is more than one Storer, Notice to or by any single Storer is agreed sufficient for the purposes of any Notice requirement under this Agreement.
35. Either party may terminate this Agreement by giving the other party 7 days Notice of the Termination Date in accordance with period indicated on the cover sheet ending on any Due Date. In the event of illegal or environmentally harmful activities on Your part or a breach of this Agreement (which, if it can be put right, You have failed to put right within 14 days of notice from WSS to do so), WSS may terminate the Agreement immediately by Notice. WSS is entitled to retain from the Deposit, or make a charge for, apportioned Storage Fees if You give less than the requisite Notice. You must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of WSS. In the event that Goods and/or refuse are left in the Unit after the Termination Date, Conditions 6 and 19 will apply. You must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to WSS up to the Termination Date, or Conditions 5 to 9 may apply. Any calculation of the outstanding fees will be by WSS. If WSS enters the Unit for any reason and there are no Goods stored in it, WSS may terminate the Agreement without giving prior Notice but will send Notice to You within 7 days.
36. You agree to examine the Goods carefully on removal from the Unit and notify WSS of any loss or damage to the Goods as soon as is reasonably possible after doing so.
37. Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
38. WSS may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to You in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of WSS’s notice. You may terminate without charge before the change takes effect by giving notice in accordance with Condition 35. Otherwise, Your continued use of the Unit will be considered as acceptance of and agreement to the amended terms.
39. You acknowledge and agree that :(a) the terms of this document constitute the whole contract with WSS and, in entering this contract, You rely upon no representations, oral or otherwise, other than those contained in this Agreement; (b) You have raised all queries relevant to Your decision to enter this Agreement with WSS and WSS has, prior to You entering into this Agreement, answered all such queries to Your satisfaction; (c) any matters resulting from such queries have, to the extent required by You and agreed to by WSS, been reduced to writing and incorporated into the terms of this Agreement; (d) if WSS decides not to exercise or enforce any right arising from this Agreement at a particular time, then this does not prevent WSS from later deciding to exercise or enforce that right unless WSS tells You in writing that WSS has waived or given up its ability to do so; (e) it is not intended that anyone other than You and WSS 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; and (g) You may not assign or transfer any of its rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility. ; and (h) where Storer consists of two or more persons each person takes on the obligations under this Agreement separately.
40. 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.
INSURED CONTRACTOR – If such insurance has been agreed to
41 WSS shall take out and maintain a contract of insurance in accordance with a Summary of Insurance document provided to You. This will provide cover for the Goods for the value stated as the full total replacement value of the Goods as new on the cover sheet. WSS does not carry out any valuation of the Goods and is not responsible for ensuring that the full replacement value as new as stated by You in the cover sheet is an accurate or true valuation of the full replacement value as new of the Goods at any time. You are responsible for ensuring that insurance cover for the value of Goods insured is maintained at an adequate level throughout the period of this Agreement. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under WSS’s insurance policy, after receipt from You of a written direction to notify a claim, WSS will notify its insurer promptly of the claim. For the purposes of processing any such claim, You shall provide WSS, their insurer or any agent of their insurer appointed to investigate such claim with such information and evidence as may reasonably be required in relation to the claim. WSS shall pay or arrange for payment to You that part of any proceeds of any claim made by WSS which relates to damage or loss to the Goods after deduction of any outstanding sums due to WSS from You. In the event that WSS makes a claim under their insurance policy in respect of loss or damage to the Goods, You acknowledge that WSS’s liability to make any payments to You in relation to any such claim is restricted to payment to You of those sums that WSS recover from its insurer under its insurance policy in relation to the Goods. Whilst WSS will notify claims to its insurer, WSS is not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim. Nothing in this contract shall make or be deemed to make WSS Your agent. If You fail to pay any insurance charges then any insurance cover in respect of the Goods will cease immediately from the date such charges are due.