STANDARD STORAGE TERMS & CONDITIONS OF BUSINESS
ISelfStor store, provide services, and control The Clients` property only under these Standard Terms & Conditions of Business (“The Agreement”).
1. In these Conditions:
a) “Work” means the removal, transportation, lifting, handling, or storage of the goods, and any other services rendered to The Client by us at The Client request;
b) “Goods” means anything that is stored by us on your behalf which ISelfStor acknowledges will at all times be owned by and belong to The Client;
c) “Cartons” means cardboard boxes or other containers supplied by us;
d) “Premises” means any site owned or run under agreement by Business Storage Solutions Ltd t/a Imagestor unless otherwise agreed with The Client and shall include all lifts, staircases and fixtures and fittings.
e) “Date Specified” means the specified dates when the Agreement is due to expire.
2. The Client may terminate this Agreement by giving us 3 months’ notice. Either party may terminate this Agreement immediately upon giving notice in writing to the other party if either party becomes insolvent, makes a general assignment for the benefit of its creditors, suffers or permits the appointment of a receiver or administrator, becomes subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign, or is wound up or liquidated. Upon termination, by The Client, The Client will pay us a withdrawal fee, which shall be specified in ISelfStors` rates. All or any liability ISelfStor may have shall cease upon termination of this Agreement.
3. ISelfStor will provide all necessary services for the collection and receiving of the Goods into ISelfStors` Premises, storage, handling, and delivery to The Client or to The Clients` designated agent, at agreed rates which will be subject to amendment from time to time but not within 12 months from the date of this Agreement and no more than once per year thereafter. The Client shall receive one month’s notice of any amended prices. Upon receipt of the notice The Client shall have the option of terminating this Agreement and withdrawing all Goods from storage having paid all charges which gave accrued to the date of withdrawal. If the Agreement is not terminated before the increase takes effect The Client shall be deemed to have agreed to the increased rates and shall be liable accordingly.
4. Unless otherwise agreed:
Normal working hours shall be between 9.00 am and 5.30 pm Mondays to Fridays excluding public holidays. A normal retrieval shall be carried out no later than 48 hours after the close of business the following business day after the day of the request. An emergency retrieval shall be carried out within the time agreed between both parties. Emergency retrievals shall be subject to specifically agreed rates. ISelfStor will only act on instructions from The Client in accordance with Schedule 4. ISelfStor shall not be liable for any loss or damage arising out of ISelfStors` failure to collect or deliver within a particular period.
5. Any inventories supplied by us shall be deemed correct and complete. ISelfStor shall not be liable for any loss or damage arising directly or indirectly in respect of any discrepancy, error or omission from them. Any discrepancy, error or omission must be notified to us within 7 days after submission to The Client. Any condition report prepared by us as to the nature or the quality of the Goods made at the time of delivery or collection shall be accepted as accurate if The Client is not present at the time of delivery or collection.
6. ISelfStor are not a common carrier and nor do ISelfStor hold ourselves out as a common carrier, nor do ISelfStor contract as such.
7. By accepting this Agreement The Client declare that:
a) The Client are owner or the authorised agent of the owner of the Goods or property which are subject to this Agreement and;
b) The Client makes this Agreement on The Clients` behalf or on behalf and with the full authority of the owner. The Client agree to indemnify us against any claims, charges and demands made against us arising from any claim on the Goods made by any other party. If the other party has or obtains an interest in the Goods, The Client must immediately notify us in writing.
8. This Quotation is valid as long as the Work is commenced within three months from the date of this Quotation. ISelfStor may amend ISelfStors` Quotation if;
a) This Agreement anticipates that work will occur within 3 months of the date of this Agreement. Failure by the Client to offer us work during this period will terminate this Agreement unless we agree to the contrary.
b) Any additional work not provided for within the original quotation will not be carried out until a supplementary quotation has been provided to the Client and accepted. The additional work will be subject to the terms of this Agreement once accepted. Any change of terms required, and agreed in writing, to carry out the additional work will also form part of this Agreement.
c) the Work varies from that originally quoted for by reason of deficiency or variation of information provided by The Client or by reason of a reduction in the agreed volume of goods to be stored; or
d) additional resources or services are required because of unforeseen access difficulties or as a result of compliance with health and safety requirements. Additional resources or services will not be provided until a further price has been agreed with us; or
e) there is any hindrance, interruption, or postponement of the Work or any part of it caused by circumstances outside ISelfStors` control; or
f) The Client require inspection facilities whilst the Goods are in store; or
g) the Work is carried out outside ISelfStors` normal business hours, at The Clients` request, unless agreed by us in writing before the date of this Quotation; or
h) ISelfStors` overheads or operating costs are increased as a result of increased taxes (direct or indirect), road or other tolls, increased fuel costs, or similar circumstances beyond ISelfStors` control; or
i) ISelfStor agree in writing to increase the limits of liability set out in clauses (12)
9. The Client agrees that ISelfStor may;
a) interchange the Goods between vehicles and warehouses or other premises at any time;
b) select the route, means, and location by which the Goods shall be carried or stored;
c) employ sub-contractors. If ISelfStor subcontract any of the Work these conditions will apply to the sub-contractors;
d) be free to pack, re-pack or rearrange The Clients` Goods at The Clients` expense, upon The Clients` prior written agreement.
The Client warrant to us that:
(i) staircases, doorways, windows and lifts at the premises and the means of entry to and exit therefrom may each be used to permit the work to be done and shall be free from obstruction.
(ii) there is suitable and practicable road and approaches free from any obstruction for the Company vehicles;
(iii) the Work can be done without interruption.
10. The Client agrees not to submit for removal or storage anything, which is dangerous, damaging or explosive, or anything, including food, likely to encourage vermin or pests. The Client will indemnify us against all claims made and for loss or damage that ISelfStor or someone else may suffer through the presence of such items or substances amongst The Clients` Goods. ISelfStor may, within 7 days of receipt of the Goods, return the same or any part thereof to The Client if ISelfStor decide that the same is unsuitable for storage. ISelfStor shall be under no further liability to The Client in respect of the Goods returned.
11. ISelfStor will use reasonable endeavours to perform the Work within an agreed time as detailed on Schedule 2 – Service Standards. ISelfStor shall not be liable for any loss or damage (whether direct or indirect or of a consequential nature) resulting from ISelfStors` failure to perform the Work within the agreed time. Further, ISelfStor shall not be liable for any delays in respect of circumstances outside ISelfStors` control which shall include, without limitation, accidents to or breakdowns of vehicles, machinery, or lifts; adverse weather conditions, labour disputes, the effect of parking, waiting, loading or unloading regulations or restrictions. If ISelfStor are delayed in completing the Work as a result of circumstances beyond ISelfStors` control The Client agree to grant an extension of time to allow us sufficient time in which to complete the Work. The Client agrees to pay any additional charges incurred to complete the Work as a result of delay or postponement of the Work.
12. Unless otherwise agreed with us, in writing, in advance, or as stated in this Agreement, if ISelfStor are negligent or in breach of contract;
a) ISelfStor will pay The Client the salvage value of the Goods to a maximum value of £15 per tonne or proportionate part thereof; or
b) a higher limit of liability agreed with The Client in writing prior to the Work commencing. ISelfStors` liability in respect of damage to premises shall be limited to £150 per premises or a higher limit of liability agreed between both parties, in writing, before the Work commences.
13. ISelfStor shall not be liable for:
a) loss or damage caused by fire;
It is The Clients` responsibility to take out fire insurance to cover The Clients` Goods against this risk. ISelfStor can arrange fire insurance upon The Clients` written request. The Client must declare the full value of the Goods and pay the premium in advance. Details of insurance are available upon request;
b) the accidental erasure of computer or word processor data and/or similar information stored on tapes, disks and the like. The Client should back up data and software on appropriate media and make alternative transport or storage arrangements for such data and software; or
c) loss or damage where Goods have been packed by The Client, The Clients` employees or others; or
d) loss or damage where Goods have been unpacked by The Client or The Clients` employees or others;
e) loss or damage if Goods are removed or delivered to unattended or unoccupied premises or where third parties are present; or
f) loss or damage caused by vermin, moth or other infestation; or
g) loss or damage or delays caused by war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, insurrection or military coup, wear or tear, gradual deterioration, leakage or deficiency of articles of a perishable or leaky nature, acts of God, or circumstances beyond ISelfStors` control; or
h) loss of use, loss of enjoyment, loss of profit, or any other indirect or consequential loss; or
i) loss or damage sustained by The Client or any third party as a result of breach of confidentiality howsoever caused. Nor will ISelfStor be liable to The Client or any third party for the handling over by us of any Goods to authorised Officers of the Law or of the Courts.
14. The Client must notify us in writing of specific loss or damage within the time limit stated below otherwise ISelfStor shall have no liability.
a) For Goods believed to be lost or damaged – within a reasonable period not exceeding 14 days after the due date of delivery of the Goods;
b) For Goods removed from ISelfStors` premises by anyone other than an authorised member of The Client staff or The Client approved courier – at the time the Goods are checked against the inventory;
c) For damage to premises at the time of delivery of The Clients` Goods by recording such damage on the delivery sheet.
Alternative time limits may be agreed in writing with us prior to the Work commencing.
15. The Client agrees not to withhold payment on the grounds that The Client has a claim against us.
16. a) If ISelfStors` charges are not paid, ISelfStors will retain any Goods until payment is made. ISelfStor shall be entitled to charge for storing these Goods. Any costs incurred in removing them to or from store will be met by The Client. All charge must be paid in full before the Goods can be released.
b) ISelfStor shall have a general or particular lien upon all Goods in ISelfStors` possession for all monies and expenses due from The Client. If some of the Goods have been delivered, removed, dispatched or sold, the general lien shall apply to any Goods that remain in ISelfStors` possession. ISelfStor shall be entitled to raise storage charges and/or other expenses whilst ISelfStor maintain the lien on the Goods and all these conditions shall continue to apply.
c) If ISelfStors` charges are not paid in full on the due date, interest will be payable a 5% above the base rate of NatWest Bank from time to time on all monies outstanding.
17. a) In the event of more than 12 weeks storage being outstanding, ISelfStor shall give The Client 30 days written notice requiring The Client to pay all debts and collect all Goods from ISelfStors` care and control. The Goods will be made available to The Client at a designated collection point.
b) If The Client fail to remove the Goods ISelfStor may sell or otherwise dispose of all or part of them without further notice. The proceeds of sale shall be credited to The Clients` storage account or against any other payments due to us. The Client will be responsible for any costs incurred by us in selling or disposing of the Goods. Any surplus proceeds will be paid to you without interest.
c) If ISelfStor elect to sell or dispose of part of the Goods, ISelfStor reserve the right to continue to charge storage on any Goods remaining in store.
18. a) Any charges for collection and/or receiving Goods into store or services undertaken as detailed in ISelfStors` Schedule of Charges as at the date of commencement of this Agreement shall be due monthly and payable in arrears.
b) The storage charge is due quarterly and payable in advance upon commencement date and the storage charge for each successive quarter being payable in advance on the commencement date of the respective quarter.
c) Storage charges in respect of a period less than a quarter shall accrue on a monthly basis or part thereof.
d) All charges are payable within 30 days of the invoice date.
e) On termination for whatever reason ISelfStor may require The Client to pay forthwith all charges due and to remove the Goods or any thereof on giving us thirty days notice to do so. ISelfStor will continue to levy storage charges (including interest) until the Goods are removed. For the purposes of removal, the Goods will be made available to The Client in a designated collection point.
19. Nothing contained in this Agreement requires us to allocate any particular area of space in ISelfStors` premises for the storage of the Goods or to create a tenancy in respect of the area of space occupied.
20. This Agreement constitutes the entire agreement between the Client and ISelfStor. Any future variations to any of the Schedules to it must be made by agreement and in writing by authorised representatives of both parties. All future variations to the Schedules will become part of this Agreement and take precedence over the previous Schedule.
21. In any case where these terms and conditions conflict with any provision of the Sale of Goods act 1979 (other than Section 12 thereof) or any subsequent modification or re-enactment thereof, these conditions shall prevail.
22. Any notice given under this Agreement must be made in writing to the principal place of business of the other party. Notice may be delivered by hand or by first class post. Service will be deemed to have been served at the end of the working day following that on which it was either hand delivered or posted.
23. ISelfStor is registered under the Data Protection Act as a Data Controller; Registration Number Z2696119 and that ISelfStor undertakes to renew it’s registration at every renewal date.
24. This Agreement shall be construed in accordance with English law.