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Terms and Conditions of a licence to store goods
1. In these terms and conditions the following words have the following meanings:-
Access Hours – Twenty Four Hour security key tab
Agreement – the Licence Agreement (as modified, amended, altered or replaced by any notification of change document) you have entered into with us and which accompanies these conditions
Commencement Date – the date specified in the agreement
Conditions – the standard terms and conditions set out in this document, and any special terms and conditions agreed in writing between you and us
Deposit – has the meaning given to it in condition 16
Due Date – the commencement date and thereafter the date as stated on the agreement, or the previous business day if the Due Date falls on a Saturday, Sunday or Public Holiday
Goods – any corporeal or incorporeal moveable items you bring on site and store in the unit
Four Weekly Charges – the four weekly charges specified in the agreement
Prohibited Items – those items specified in condition 10
Unit – the storage unit specified in the agreement and/or any other storage unit you may occupy pursuant to the agreement
we, us, our – the company named in the agreement with whom you have placed an order for the services described therein
you, your – the customer (being a person, company, partnership, subsidiary company or authorised agent) named in the agreement whose order for the goods is accepted by us.
2. We permit you but no other person, company, partnership, subsidiary company or authorised agent to use the unit for the storage of goods in accordance with these conditions from the commencement date until the agreement is terminated
3. You must inspect the unit before storing any goods and inform us within 48 hours if you believe it is damaged or unsuitable for your requirements in any way. If you do not do so the unit will be deemed suitable for you and in good condition at the commencement date.
4. You may have access to the unit at any time. We may change the access hours without giving prior notice.
5. Only you and persons authorised by you in writing or accompanied by you will be permitted to have access to the unit. Without prejudice to the provisions of condition 11 below, you will be responsible for the acts and omissions of any person authorised by you at all times while they are in or around the site. You may withdraw authorisation at any time but the withdrawal will not become effective until we receive it in writing. We do not accept liability for any unauthorised access by third parties in possession of your key and/or code and/or with
knowledge of the location of the unit. In the event that further security is required we may over-lock the unit (by prior agreement) and retain the over-lock key for an additional charge. We may ask for proof of identity from you or any other person or persons at any time (although we are not obliged to do so) and we may refuse access to any person or persons (including you) who is unable to provide satisfactory proof of identity. Notwithstanding any other provision in this condition we reserve the right in our absolute discretion to refuse entry to the unit or site to any person or persons for any reason.
6. You are responsible for ensuring that your unit is locked at all times when you are not in attendance, We will not be responsible for locking any unlocked unit. Loss of key tab and/or key will incur a charge.
7. We reserve the right to access the unit at any time and for any purpose upon giving you no less than seven days notice, and to remove all or any of the goods stored in the unit and, without prejudice to the generality of this condition to inspect the unit to ensure your compliance with any observance of the terms of the agreements and these conditions, and for carrying out repairs, maintenance and alterations to the unit and site. We shall not be liable for any damage caused to goods stored in the unit as a result of such entry and removal except to the extent that this is due to our wrongful negligence, and subject always to the provisions of conditions 31 and 32.
8. We may enter the unit at any time without notifying you (and if required we may break the lock to gain entry) (i) if we believe that the unit contains prohibited items or is being used in breach of these conditions, (ii) if we are required to do so by the Police, Fire Services, Local Authority or by a Court Order, (iii) if we believe it is necessary in an emergency, (iv) to obtain access in accordance with conditions 7, 14, 21 and 22, and/or (v) to prevent injury or damage to persons or property.
9. You warrant to and covenant with us that you are the owner or authorised agent or representative of the owner of the goods and are entitled in the law to the possession of the goods stored in the unit at any time or the ownership is vested in you for the purpose of entering into the agreement. You will indemnify and hold us harmless against any loss, damage, cost, expense, liability or claim (or potential liability or claim) which we suffer or incur if these declarations are not true.
10. We may in our absolute discretion refuse to permit storage of any goods whatsoever. You may only use the unit for storage and not for any other purpose. Without prejudice to the generality of this condition you must not store (and you must not allow for any other person, company, partnership, subsidiary company or authorised agent to store) any of the following prohibited goods in the unit:- (i) food or other perishable goods; (ii) birds, fish, animals or any other living creatures; (iii) combustible or flammable materials or liquids such as paint, petrol, oil or cleaning solvents; (iv) explosives, weapons or ammunition; (v) chemicals, radioactive materials, biological agents; (vi) toxic waste, asbestos, or other materials of a dangerous nature; (vii) any illegal substances or goods illegally obtained; (viii) and compressed gases.
11. You must not (and you must not allow any other person, company, partnership, subsidiary company or authorised agent to):- (i) use the unit or do anything on the site or in the unit which may be a nuisance to us or any other users of any other units in or on the site and other users in or on the estate; (ii) do anything on the site or in the unit which may invalidate any of our insurance policies (or those of any other unit users) or increase the premiums thereof; (iii) use the unit as offices or living accommodation or as a home or business address; (iv) spray paint or do any mechanical work of any kind in the unit or site; (v) attach anything to the walls, ceiling, floor or doors of the unit or site or make any alteration to the unit; (vi) allow any liquid, substance, smell or odour to escape from the unit or any noise to be audible or vibration to be felt outside of the unit; (vii) cause any damage to the unit or to any other unit or to the site or its facilities or to our property or possessions or those of any of our other customers or visitors to the site. If you cause damage you must (at our sole discretion)repair, restore or replace such damaged item or reimburse our cost for making such necessary repairs, restoration or replacement; (viii) cause any obstruction or undue hindrance in any passage way, stairway, service area or any other part of the site and you must at all times exercise courtesy to others using these areas.
12. You must:- (i) inform us immediately of any damage to the unit; (ii) comply with all fire, health and safety precautions or instructions posted about the site or as directed by any of our employees or agents or duly authorised representatives at the site and any other regulations for use of the unit that we may use from time to time; (iii) make yourself available to receive deliveries of goods to the unit, which you shall store in such a manner so as not to inconvenience any other unit user in any way; (iv) indemnify and hold us harmless against any loss, damage, cost, expense, liability or claim in respect to the wilful breach by you of any of these conditions.
13. The agreement shall not confer upon you any exclusive right of possession of the unit and we may, upon giving you seven days prior writing notice, require you to remove your goods from one unit to another unit specified by us (“alternative unit”). The alternative unit shall be of similar size and of no higher price than that occupied by you prior to such move.
14. Removal of your goods from the current unit to the alternative unit will be at your expense. If you do not arrange the removal of your goods to the alternative unit by the time specified in the notice then we may enter
the unit and arrange the goods to be moved. Any removal arranged by us will be at your risk(except for loss or damage caused by wilfully or negligently by our removal agents or us, and subject always to the limitations of liability set out in condition 32) and the removal expenses will be payable by you and we may add them to four weekly charges.
15. If your goods are moved to an alternative unit the agreement will be varied by the substitution of the alternative unit number but will otherwise continue in full force and effect and the four weekly charges will continue to apply to the alternative unit.
16. You must on the signing of the agreement pay a deposit to us equal to one four weekly charge(“the deposit”) which sum shall be retained by us until the termination of the agreement and thereafter returned to you in the form of a cheque (without interest) within 28 days after the agreement terminates, less any amount we deduct to cover:- (i) repairing any damage to the unit, the site or any other unit caused by you, your agents or invitees or by goods stored in the unit; (ii) any unpaid four weekly charges or removal or other charges; (iii) any other obligation to us that you have not discharged in full.
17. The four weekly charge is payable four weeks in advance, and for the first four weeks of using the unit shall be due and payable on the commencement date and may include individual weeks charges. The four weekly charge thereafter shall become due and payable on each due date. The four weekly charge will be payable in respect of each four weeks or individual weeks throughout the continuation of the agreement. If you do not pay the charges on the due date, you will immediately become liable to pay a late payment charge equal to 10% of the four weekly charges (subject to a £5 minimum charge) for each period of two weeks or any part of it that the four weekly charges (including any late payment or any other charges) remains unpaid after the due date.
18. In the event that any cheque is dishonoured, we may make a further minimum charge of £12.50 on each occasion when your cheque is returned.
19. In the event of any breach of the agreement which requires us to take remedial action we may make an appropriate charge to recover any costs or other charges involved.
20. We may alter the four weekly charge(or prior agreed invoice amount) at any time by giving you written notice and the new charge shall take effect on the first due date occurring not less than three weeks after such written notice is dispatched.
21. If you do not pay the charges on the due date or the late payment charge specified above(or either of them) we may exclude you from the site and from the unit and we may break the lock on the unit and install a new lock, whether or not we have exercised our rights to terminate the Agreement. Exercising our right to exclude you from the site and the unit will not affect your obligation to pay any unpaid or future four weekly charges or late payment charges.
22. If any part of the rental including the late payment charge is still outstanding one month after the due date then we may in our absolute discretion:- (i) give you written notice that we will remove some or all of the goods in the unit if you have not paid the outstanding amounts due in full within seventy two hours notice after such notice is dispatched; (ii) on expiry of the notice in subcondition 22(i), remove all the goods in the unit to any alternative storage facilities that we may decide without incurring any liability for loss or damage to goods arising from their removal and alternative storage; (iii) charge you for the full cost of removing the goods and alternative storage costs together with repeated costs if we require to move the goods at any time afterwards; (iv) sell the goods on your behalf and pass good title to them and first use the proceeds of sale to discharge your outstanding four weekly charges and any other charges due to us or costs in connection with such sale. If the proceeds of the sale are insufficient to discharge any outstanding liability to us then you will remain liable for the balance and we may take any action we consider necessary to recover the outstanding amounts. You will be entitled to claim the balance (if any) remaining thereafter; (v) treat any goods not sold as abandoned and destroy or otherwise dispose of them, any cost incurred in the disposal of such goods will be passed onto you.
23. Either party may without prejudice to any other rights and obligations contained in the agreement or these conditions, terminate the agreement by giving not less than fourteen days prior notice. Termination will take effect from that due date and all goods must be removed from the unit and from the site and the estate no later than 5pm at the site on such due date. If you have not vacated the unit by such time then the notice will elapse and a fresh notice and new departure date must be given to comply with this clause. Any four weekly charges paid in advance will be refunded but we may make deductions from them as if they were a deposit under condition 16.
24. You may not terminate the agreement if any four weekly charges or other charges are outstanding or if you are otherwise in breech of the agreement.
25. We may terminate the agreement immediately by giving you written notice if you are in breech of any term of the agreement.
28. We do not insure your goods whilst in the unit. Storage of goods in the unit is at your sole risk and you must insure them to their full current value.
30. We shall not be liable for any loss (including consequential or economic loss) or damage which may be suffered by you as a direct or indirect result of the performance of the agreement by us being prevented, hindered or delayed by reason of force majeure, which term will mean matter or circumstance beyond our reasonable control, including (without limitation) any act of god, riot, disturbance, accident, breakdown of plant or machinery, fire, flood, power failure or act of terrorism, affecting the provision by us or the availability of the unit.
31. We accept unlimited liability : (i) for personal injury or death resulting from our wrongful negligence; (ii) for the matter which it would be illegal for us to exclude or attempt to exclude our liability; (iii) for fraud.
32. Subject to the provisions of condition 31 above, our total aggregate liability under this agreement (whether in contract, tort(including wrongful negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by our negligence) will be limited to value of goods insured as specified in the agreement. For the avoidance of doubt if you do not take insurance arranged by us in accordance with condition 29, the value of goods insured will, for the purposes of this condition, be deemed to be nil.
33. You will indemnify us and keep us indemnified against any demand or claim made or any action or other proceeding brought against us arising out of or in connection with any dispute as to the ownership of the goods stored in the unit or alternative unit or as the person entitled in law to possession thereof or the infective or contagious nature thereof and against all and any costs, charges, expenses, damages or loss incurred or suffered or becoming payable by us in our connection with or as a result of any such demand, claim or action or other proceedings as aforesaid.
34. Any notice given under the agreement must be in writing and may be served by personal delivery, or by email or by prepaid post. Any notice to you may be sent to the address stated in the agreement or any other address or email address which you notify to us in writing from time to time. Any notice to us must be sent to our registered company address set out in the agreement. Notices will be deemed to be effectively served immediately if delivered personally or by email or forty eight hours after they have been placed in the post.
35. Any delay by us exercising any of our rights under the agreement will not impair or hinder our rights or be treated as a waiver of those rights, nor will any partial exercise of any right preclude further exercises of that right.
36. You may not assign any of your rights under the agreement or part with possession of the unit to any other person, agent, firm, partnership or company without our express permission.
37. All the terms of the contract between you and us are set out in the agreement and in these conditions. All other terms, conditions, warranties, guarantees, undertakings or representations whether express or implied by statue (insofar as such statue permits) common-law or otherwise or arsing from conduct or previous course of dealing or trade custom or usage or agreed or offered orally or in correspondence or otherwise are hereby excluded to the fullest extent permissible by law. No variation of the agreement is binding unless and until agreed to in writing and signed by the director of our company, and thereafter confirmed by a written notification of change document.
38. Every provision in these conditions is severable and distinct from every other provision and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforcability of the remaining provisions will not be affected in any way.
39. Neither the agreement nor the conditions are intended to create a tenancy, lease or any other relationship of landlord and tenant between you and us, nor confer any rights on you whether under common
law or any enactment greater than a bare license or the terms of the agreement and or these conditions, neither shall we for any purpose whatsoever be treated as a warehouse keeper.
40. Where you are one of a number of persons and or business acting as a single customer your obligations under the agreement shall be joint and several.
Manx Storage Units Limited
Unit 14
Isle of Man Business Park
Cooil Road
Braddan
Isle of Man
Manx Self Storage is the premium storage solution on the isle of man.
© 2024 Manx Storage Units Ltd.