Terms & Conditions
Your agreement with Storebox Self Storage Ltd. (or Cambridge Storage Ltd.) is subject to you undertaking Terms and Conditions which are set out in the details below. By accepting this agreement, you confirm that you have read and agreed to all the following conditions. Terms and Conditions are subject to change. We urge you to always stay updated on the latest version of our Terms and Conditions.
Terms and Conditions of a Licence to Store Goods
1. In these terms and conditions, the following words have the following meanings:-
Access Hours: the hours we permit access to the Unit.
This Agreement: these terms and conditions and the information set out below.
Commencement Date: the date specified in the contract and on your first invoice.
Deposit: the amount specified in the contract.
Due Date: the date specified in contract and the corresponding date in each period specified in contract or the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
Insurance Option: The obtaining of insurance for the Goods by us under Condition 45A.
Our Fees: the amount specified in contract which does not include VAT, which shall also be paid by you where it is or becomes applicable.
Prompt Payment: in respect of payment of each and every sum due under this Agreement, payment on the Due Date or within two working days afterwards, and in respect of any sum being due under any other agreement between You and us, payment within seven days of that sum being demanded in writing.
Site: the premises on which the Unit is situated.
Termination Date: the date specified in contract or the date of termination of this Agreement in accordance with Condition 26.
Unit: the storage unit specified in contract or any alternative storage unit we may specify under Condition 23.
We, us, our: the storage provider named overleaf or in previous email or e-form received.
You, your: the customer named overleaf or in previous email or e-form received.
2. So long as Our Fees are paid up to date, You:
2.1. are licensed to store Goods in the Unit allocated to You by Us and only in that unit in accordance with this Agreement from the Commencement Date until this Agreement is terminated;
2.2. are deemed to have knowledge of the Goods inside the Unit;
2.3. 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; and
2.4. are licensed to have access to the Unit at any time during the Access Hours only for the purposes of depositing, removing, substituting or inspecting the Goods and your regular inspection of the Unit for damage or unsuitability for the Goods. No access to the Unit will be permitted for any other purposes or outside Access Hours. We will try to provide advance warning of changes in Access Hours by notices on Site, but we reserve the right to change Access Hours at any time without giving any prior notice.
3. Upon move-in you will need to purchase a padlock from us. You must ensure that the Unit is locked with the padlock placed inside the lockbox on your unit. The padlock must be placed and locked inside the lockbox with the option to add any additional padlocks on the arms of the door. Please be aware that failure to secure your padlock using the lockbox as instructed could affect or invalidate your coverage in case of any loss and/or damage to the contents of your Unit. You should not leave your key with or permit access to your Unit to any person other than your own agent who is responsible to You and subject to your control and if You do so, You do so at your own risk whether or not any such person is our employee or agent. We do not accept any liability for any person including our employee or agent holding your key and having access to your Unit and any such person acts as your agent only.
3.1. We will not be responsible for securing any unlocked Unit.
4. For the duration of this Agreement, Storebox:
4.1. does not have and will not be deemed to have knowledge of the Goods;
4.2. is not a bailee, custodian or warehouseman of the Goods; and
4.3. does not grant any lease or tenancy of the Unit.
5. This Agreement will come into existence between Us and You upon completion of an order or acceptance of these terms and conditions. The storage period will begin on the date agreed with You during the order process.
6. Because the nature and type of goods being stored by You from time to time is entirely within your discretion (subject to Condition 20 and 21) You must ensure that the Unit is suitable for the storage of the goods that You store or intend to store in it. We do not warrant or represent that any unit allocated to You is a suitable place or means of storage for any particular goods. We strongly advise You to inspect the Unit before storing Goods in the Unit and from time to time throughout the period of this Agreement.
7. Only You and persons authorised in writing or accompanied by You will be allowed to have access to the Unit. Any such person is your agent for whose actions You are responsible and liable to us and to other users of units on the Site. You may withdraw any authorisation at any time but the withdrawal will not be effective until we receive it in writing. We may ask for proof of identity from You or any other person at any time (although we are not obliged by this Agreement or otherwise to do so) and we may refuse access to any person (including You) who is unable to provide satisfactory proof of identity. We may refuse You or your agents access at any time if we consider in our sole discretion that the safety of any person on the Site, or the security of the Unit or its contents, or other units or their contents will be put at risk.
8. 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.
9. You will permit us and our agents and contractors to enter the Unit and if necessary, we may break the lock to gain entry:
9.1. if we give You not less than seven days’ notice so that we may inspect the Unit or carry out repairs, maintenance and alterations to it or any other unit or part of the Site;
9.2. at any time without notifying You:-
9.2.1. if we reasonably believe that the Unit contains any items described in Condition 20 or is being used in breach of Condition 21 or such entry is affected incidental to the exercise of our powers pursuant to Condition 15;
9.2.2. if we are required to do so by the Police, Fire Services, Local Authority or by a Court Order;
9.2.3. for any purpose including that in Condition 21.1, if we believe it is necessary in an emergency;
9.2.4. to obtain access in accordance with Conditions 23 and 15;
9.2.5. to prevent injury or damage to persons or property; or
9.2.6. for the purpose of ascertaining whether the Unit contains any items described in Condition 20 or if we reasonably consider that such entry is necessary to ascertain whether action needs to be taken to prevent injury or damage to persons or property.
9.3. to relocate the Goods or exercise Our lien or power of sale or disposal in accordance with this Agreement.
10. We may refuse You access to the Unit and/or the Facility where moneys are owing by You to Us, whether or not a formal demand for payment has been made.
11. You must pay us Our Fees for the minimum period of storage on Acceptance of this Agreement and thereafter must pay Our Fees on the Due Date. Any notice to terminate this Agreement given on the move in date or after the move in date follows the terms of Conditions 26-28.1. If You give your notice to terminate this Agreement before the move in date we will refund any balance to you after deduction of the padlock fee. No interest will accrue on any money held by us for You. We will return the balance to you by bank transfer, depending on You providing us with your bank account details. If We are unable to process the repayment following, unclaimed deposits and credit balances will be forfeited after 6 months from the license termination date.
11.1. You can pay by debit or credit card or by bank transfer subject to approval from Us.
11.1.1. Any Storage Fees paid by direct transfer will not be credited to Your account unless You identify the payment clearly and We shall have no liability to and shall be indemnified by You if We take steps to enforce the Agreement (including the sale of Goods) due to Your failure to identify a payment.
11.2. By submitting your card details You accept and consent to Storebox charging this card (and any updated cards provided by You) for recurring payments and outstanding balances connected to your subscription(s). Card details can be updated or deleted by You at any time by contacting Storebox. All card details remain on file within the secure Stripe payment system for the duration of your contract/term unless deletion of previous payment methods on file is requested by You.
12. We may alter Our Fees at any time by giving You written notice and the new Fees shall take effect on the first Due Date occurring not less than four weeks after the date of our notice.
13. We reserve the right to charge additional fees at our sole discretion primarily for Administration or Access.
14. If You do not pay Our Fees on the Due Date, You must pay Us an administrative charge for late payment which is set at our sole discretion and subject to change.
15. The Prompt Payment of each and every sum (including interest) whether invoiced or not, owing from You to Us from time to time under this Agreement or any other agreement between You and us (in this Condition, called “Your Debt”) is of the essence of this Agreement.
15.1. The terms of this Condition are additional to and without prejudice to all or any rights we may have at common law or otherwise.
15.2. In default of Prompt Payment of Your Debt,
15.2.1. Subject to Condition 45A, if applicable, we are relieved of any duty howsoever arising in respect of the Goods; and
15.2.2. the Goods are held solely at Your risk and we shall be able to immediately exercise the lien described below.
15.3. We have a lien over the Goods for Your Debt until payment of Your Debt in full has been received by Us and after this lien becomes exercisable by Us, the following Conditions shall apply.
16. In default of Prompt Payment of Your Debt, You authorise us:
16.1. to refuse You and your agents access to the Goods, the Unit and the Site;
16.2. to enter the Unit and inspect and remove the Goods to another unit or Site;
16.3. to hold onto and/or ultimately dispose of some or all of the Goods.
17. In the event that Your Debt is not paid promptly or You fail to collect the Goods after We have required You to collect them or upon expiry or termination of this Agreement, We may sell the Goods and pass all ownership to them and use the proceeds of sale to pay first the costs incurred by us in the sale and removal, and secondly in paying Your Debt and to hold any balance for You. Interest will not accrue to You on the balance.
17.1. If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by Us and Your Debt, You must pay any balance outstanding to Us within the time frame provided in a written demand from Us which will set out the balance remaining due to Us after the net proceeds of sale have been credited to You. Interest will continue to accrue on Your Debt until payment has been made.
17.2. We will sell the Goods by the best method(s) reasonably available to achieve the best selling price reasonably obtainable in the open market, taking into account the costs of sale.
17.3. If the Goods cannot reasonably and economically be sold (for any reason whatsoever), or they remain unsold despite our efforts, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at your cost.
18. An Eviction Notice may be served by Us to You at our discretion by email or post.
18.1. In the event that an Eviction Notice is served the following conditions will apply:
18.1.1. You have 7 days from the date of the Eviction Notice to contact Us directly and pay your Debt in full;
18.1.2. You accept that We continue to exercise lien over the Goods and reserve the right to refuse Access as described in Condition 16.
18.2. In the event that You do not contact Us to pay your Debt in full as in the conditions of the Eviction Notice, the following conditions apply:
18.2.1. We will immediately proceed with the sale or disposal of the Goods in the Unit;
18.2.2. Any balance owed to Us by You after the removal of Goods will be passed to a debt collection agency as elected by Us;
18.2.3. Once the balance of your Debt has been passed to a debt collection agency this will incur additional fees and interest at the sole discretion of the agency;
18.2.4. Any further communication from You regarding your previous account with Us or your Debt must go directly through the debt collection agency;
18.2.5. All conditions and terms chosen and set out by the debt collection agency themselves apply from the time at which your Debt is passed to the agency.
19. You indemnify Us against any loss or damage suffered by Us for breach of this warranty including against any loss, damage or expenses incurred by Us (including any reasonably incurred legal fees) arising from any step or action taken by any person who owns or has an interest in the Goods.
20. You must not store (and You must not allow any other person to store) any of the following in the Unit:
20.1. food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
20.2. birds, fish, animals or any other living creatures;
20.3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
20.4. firearms, explosives, weapons or ammunition;
20.5. chemicals, radioactive materials, biological agents;
20.6. toxic waste, asbestos or other materials of a potentially dangerous nature;
20.7. any item which emits any fumes, smell or odour;
20.8. any illegal substances, illegal items or goods illegally obtained;
20.9. compressed gases.
20.10. quad bikes, mopeds, motorbikes, any type of motorcycle except in the case of prior written approval from Storebox which will only ever be considered on the condition the fuel tank is drained so the engine cannot be started.
20.11. all other motor vehicles e.g. cars or boats except in the case of prior written approval from Storebox.
21. You must not (and You must not allow any other person to):
21.1. use the Unit or do anything on the Site or in the Unit which may be a nuisance to Us or the users of any other unit or any person on the Site;
21.2. do anything on the Site or in the Unit which may invalidate or increase the premiums payable on any of our insurance policies or those of other unit users;
21.3. use the Unit as offices or living accommodation or as a home or business address and not use the address of the Site or the Unit for receiving or sending mail;
21.4. spray paint or do any mechanical work of any kind in the Unit;
21.5. attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
21.6. allow any liquid, substance, smell or odour to escape from the Unit or any noise to be audible or vibration to be felt outside the Unit;
21.7. cause any damage to the Unit or any other unit or the Site or its facilities or to the property of us or any other unit users or other persons on the Site and if You cause any damage You must (at our option) repair, restore or replace such damage or item or reimburse the costs of making necessary repairs, restoration or replacement or make proper compensation;
21.8. leave anything in or cause any obstruction or undue hindrance in any passageway, stairway or other part of the Site and You must at all times exercise courtesy to others and reasonable care for your own safety and that of others in using these areas.
21.9. connect or provide any utilities or services to the Unit unless authorised in advance in writing by us.
22. You must (and You shall procure that your agents must):-
22.1. use reasonable care when on the Site or in the Unit and take all reasonable care in respect of the Unit, the Site, and the property of us or any other unit users or other persons on the Site;
22.2. inform us immediately of any damage or defect to the Unit;
22.3. comply with the reasonable directions of any of our employees, agents and contractors at the Site and any further regulations for the use safety and security of the Unit and the Site which we may issue from time to time.
23. This Agreement shall not confer on You any right to exclusive possession of the Unit.
23.1. We may at any time by giving You seven days’ written notice require You to remove the Goods from the Unit to another unit specified by us which shall not be smaller than the current Unit.
23.2. We agree to pay your reasonable costs of removal which have been approved in writing by us in advance of the removal.
23.3. If You do not arrange the removal of Goods to the alternative unit by the date specified in our notice, We and our agents and contractors may enter the Unit and do so. In doing so, We and our agents and contractors will act as your agent and the removal will be at your risk (except for loss or damage caused wilfully or negligently by us and our agents and contractors, subject to the aggregate limit of our liability contained in Condition 43).
23.4. If the Goods are moved to an alternative unit, this Agreement will be varied by the substitution of the alternative unit number but shall otherwise continue in full force and effect and Our Fees at the rate set out will continue to apply to your use of the alternative unit.
24. You must maintain the Unit by ensuring it is clean and in good repair. In the event of uncleanliness or damage to the Unit or Facility, We will be entitled to 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.
25. You must give notice to Us in writing of the change of any contact details on this Agreement for You or the ACP within 48 hours of any change. You agree We are entitled to discuss any default by You with the ACP registered on the front of this Agreement.
26. Either You or We may terminate this Agreement:
26.1. by giving Us written notice, and termination will take effect from no earlier than the day before the next Due Date, which shall be the Termination Date; or
26.2. immediately by giving written notice (including via email to the address specified in contact details) to the other if it commits a serious breach of any term of this Agreement and (in the case of a breach capable of being remedied) shall have failed within 15 days after service of a notice to do so, to remedy the breach. Serious breach includes a failure by You to pay all Our Fees and other charges due to us under this Agreement, vandalism or destruction of property, inappropriate conduct on site and abusive behaviour. The Termination Date shall be the date the notice is effectively served on You in accordance with Condition 38.
27. Immediately on the Termination Date, You must remove all goods from the Unit and leave the Unit clean and tidy and in the same condition as at the Commencement Date. If You do not do so, You shall pay our costs of cleaning the Unit or disposing of any goods or rubbish left in the Unit or on the Site. In default of Prompt Payment of our Fees and any payments due to us under this Agreement, we are relieved of any duty howsoever arising in respect of the Goods and they are held solely at your risk. We may treat Goods remaining in the Unit after the Termination Date as abandoned and may dispose of them in accordance with Condition 17.
28. Where this agreement has terminated and you have paid more of our fees and charges than due at the termination date, it is at our sole discretion to refund any balance to you after deduction of any payments due to us. No interest will accrue on any money held by Us for You. We will return the balance to you by bank transfer, depending on You providing us with your bank account details. If We are unable to process the repayment following, unclaimed deposits and credit balances will be forfeited after 6 months from the date of license termination date.
28.1. Where any payments are still outstanding from You on Termination date, You must pay us in full including any outstanding interest before we will release the Goods to You. If You have committed to a 26- or 52-weeks agreement and terminate before the full term of 26 or 52 weeks is completed, we will charge you for any discount you received from the commencement date due to your commitment to a long-term contract. This balance will be paid by yourself prior to vacating the unit, failure to do so will follow actions in line with our debt procedure.
COMMUNICATIONS & NOTICE:
29. We can send You notifications regarding day to day matters and changes to this Agreement by email and/or by SMS. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency. We may also use Your social media accounts.
30. If You signed up without coming into the Facility, then You have until your move-in date to change Your mind. If You cancel during this period, in the event that payment for unit rental has been taken prior to cancellation this will be refunded. Payment made at the time of booking (padlock charge) is non-refundable.
LEGAL & CONSENT:
31. Any delay by us in exercising any of our rights under this Agreement will not affect our rights or be a waiver of those rights, nor will any partial exercise of any right exclude a further exercise of that right.
32. Every provision in this Agreement 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 enforceability of the remaining provisions will not be affected in any way.
33. This Agreement can only be varied in writing and signed by one of our directors. None of our other employees or agents has any authority to vary this Agreement on our behalf whether orally or in writing or to make any representation of fact that is or may be inconsistent with the terms of this Agreement.
34. You may not assign any of your rights under this Agreement or part with possession of the Unit or Goods whilst they are on the Site to any other person, firm or company and a breach of this Condition is a serious breach.
35. You agree that it is not the intent of this Agreement to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement in jurisdictions where that law usually applies.
36. This Agreement shall be governed by English law and You and We submit to the exclusive jurisdiction of the English courts if the unit rented is located in the UK. This Agreement shall be governed by Irish law and You and we submit to the exclusive jurisdiction of the Irish courts if the unit rented is located in Ireland.
37. This Agreement shall not create a tenancy or constitute Us as bailees of Goods.
38. Any notice given under this Agreement must be in writing and may be served by email to the person notified or its address or by pre-paid post. Your address for service of notices shall be your address provided when booking or any other address in England/Ireland which You have previously notified to us in writing. Any notice to You will also be sent to any owner (whether sole, joint, or co-owners) the name and address of whom we have been previously notified by You. Any notice to us must be sent to our address or email as provided. A notice will be served at the time of delivery or forty-eight hours after it has been placed in the post.
39. You consent to our use of the information given by You, including your personal information, for marketing and other purposes and You consent to us passing such information to other persons and companies for them to use for marketing or other purposes.
40. Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings), the complaining party shall inform the other person in writing of the dispute in as much detail as possible and You and we agree to try informal conciliation within twenty business days of the notice of the dispute. If the dispute cannot be resolved, You and we agree to use the Centre for Alternative Dispute Solution to try to resolve the dispute amicably by using an Alternative Dispute Resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within 90 days after notice of the dispute has been given, You or we may submit the dispute to the Court. This Condition does not affect the right of either You or us to terminate this Agreement.
41. We collect information about You and any ACP on registration and whilst this Agreement continues, including personal data (Data). We process Data in accordance with the General Data Protection Regulation and all associated laws.
42. You acknowledge and agree that :
42.1. the terms of this document constitute the whole agreement with Us and, in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in this Agreement;
42.2. any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this Agreement or have any contractual force;
42.3. the terms of this Agreement apply to the exclusion of any other terms that You seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing;
42.4. You have raised all queries relevant to Your decision to enter this Agreement with Us and We have, prior to You entering into this Agreement, answered all such queries to Your satisfaction;
42.5. any special terms agreed between You and Us, have been recorded in writing and incorporated into the terms of this Agreement;
42.6. if We decide not to exercise or enforce any right that We have against You at a particular time, then this does not prevent Us from deciding to exercise or enforce that right at a later date unless We tell You in writing that We have waived or given up Our ability to do so;
42.7. it is not intended that anyone other than You and Us will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it;
42.8. if any provision or part-provision of this Agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this Agreement;
42.9. 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 in the Facility;
42.10. We may transfer Our rights under this Agreement to another organisation and will let You know if We plan to do this; and
42.11. where there are two or more joint Storers, each person takes on the obligations under this Agreement separately.
42.12 We may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such changes 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 Our notice. You may end this Agreement without charge before the change takes effect by giving notice in accordance with Condition 36. Otherwise, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms.
43. Unless Condition 45A applies we do not insure the Goods.
43.1. Storage of Goods in the Unit is at your sole risk.
43.2. Subject to Condition 45A You warrant to us as follows:
43.2.1. that prior to bringing the Goods onto the Site you have insured or will insure the Goods against all normal perils under a valid contract of insurance with a reputable insurance company for their full replacement value and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site; and
43.2.2. that the insurance cover will not be for a sum which is lower than the replacement value of the Goods stored in the Unit from time to time.
43.3. Unless You are able to provide proof of sufficient insurance prior to bringing the Goods to Site, You must take out at least the mandatory minimum level of Contents Cover provided through Us.
44. We exclude all liability in respect of loss or damage relating to Your business, if any, including consequential loss, lost profits or business interruption, and all liability in respect of loss or damage to the Goods caused by Normal Perils, including as a result of negligence by us, our agents and/or employees above the sum of £50 or €50 depending on location which we consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the Goods.
44.1. Normal Perils in this Condition mean loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting &/or leaking pipes, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles.
45.1. You warrant that:
45.1.1 You have provided to Us the true total value of all the Goods
45.1.2 the aggregate value of the Goods stored in the Unit from time to time will not exceed that value; and this warranty is repeated by You to us at each Due Date.
45A. This Condition applies only if You have chosen Contents Cover provided through Us. In that event, the following provisions of this Condition 45A shall apply.
45A.1. We shall take out and maintain a contract of insurance in accordance with the [specimen] [summary of terms] provided to you providing cover to us for the Goods and for the purposes of such insurance cover, the replacement value of the Goods shall be the True Total of the Value of the Goods stated at the beginning of this Agreement.
45A.2. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover, we shall notify the insurer promptly of the claim and in any event within 2 business days of receipt from you of a written direction to notify a claim in the form attached to the [specimen / summary of terms]. For the purposes of processing any such claim You shall provide us, the insurer or any agent of the insurer appointed to investigate such claim with such information and existence as may reasonably be required in relation to the claim. We will also provide to you, the insurer, or any agent of the
insurer appointed to investigate the claim, with such information and assistance in relation to the claim as may reasonably be required. In addition, we will send to you a copy of all correspondence with the insurer or any agent of the insurer relating to the claim (including the notification). While we will, in accordance with the previous provisions of this paragraph, notify claims to the insurer, we are not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim [unless specifically agreed with you in writing].
45A.3. In the event that we make a claim under such insurance cover in respect of damage or loss caused to the Goods, we shall pay or arrange for payment to You that part of any proceeds of such claim made by us which relates to such damage or loss to the Goods after deduction of any outstanding sums due to us from you. For the avoidance of doubt, You acknowledge that our liability in respect of any claim under such insurance cover is restricted to the payment to You of those sums which we recover which relate to the Goods.
45A.4. We do not give any advice concerning the insurance cover referred to in Condition 45A.1 and it is for you to make your own judgement whether such insurance is appropriate to cover the Goods and risks to them.
45A.5. If this Condition 45A applies then Condition 43.2 of the Agreement shall not apply.
45A.6. Nothing in this Condition 45A shall make us Your agent.
46. If You fail to pay any insurance or contents cover charges then any insurance cover in respect of the Goods will cease immediately from the date such charges are due.
RISK & RESPONSIBILITY:
47. We do not exclude liability for physical injury to or the death of any person and which is a direct result of our negligence or wilful default or that of our agents and/or employees.
48. You will indemnify us against all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our servants, agents or other unit users or persons on the Site which arise out of the use of the Unit or the Site by You or any of your servants, agents or invitees or arise out of the breach of this Agreement by You.
49. In the event of circumstances which are outside our reasonable control and their consequences, we do not agree and are not obliged by this Agreement to maintain the safety or security of the Goods, the Unit or the Site in order to keep the Goods free from damage or loss. Neither You nor We shall have any liability under or be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement which results from circumstances beyond the reasonable control of that party. 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 Site by, or arrest or seizure or confiscation of Goods by competent authorities.
50. You agree to examine the Goods carefully upon removing them from the Unit and must tell us about any loss or damage to the Goods as soon as is reasonably possible after doing so.
51. Any items left unattended in common areas or outside Your Unit at any time shall be treated as abandoned and may at Our discretion be moved, sold or disposed of immediately with no liability to Us.
51.1. Items left unattended may also be considered fly-tipped and in this event will result in a fine being issued and potential criminal proceedings.
52. It will be Your responsibility to 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 Us 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 any of Your Agents or (c) enforcement of any of the terms of this Agreement.
53. If We have reason to believe that You are not complying with all relevant laws We may take any action considered necessary, including, but not limited to, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense. You agree that We may take such action at any time even though We could have acted earlier.
Summary of our contents cover
This facility only applies if you have indicated “yes” to the insurance option detailed in the Licence Agreement and have paid the appropriate additional charge. Please read carefully clause 21 of the Licence Agreement.
It is a condition of the Licence Agreement that your property is insured for its full true total value and that cover is It is a condition of the Licence Agreement that your property is insured for its full true total value and that cover is maintained throughout the total period of storage with us. Please note that irrespective of whether or not you instruct us to include you within our insurance arrangements our liability for actual physical loss of or damage to your property while in store is limited by the terms of the Licence Agreement which form part of our contract with you.
SUBJECT TO YOU GIVING US INSTRUCTIONS TO INSURE, we can arrange on your behalf insurance Underwritten by Amica for AXA Versicherung AG and Others to cover physical loss or damage to your property within our insurance arrangements as summarised below. You may inspect the policy at our oﬃce on request. Please note, the cover provided by Us is optional.
TOTAL SUM INSURED
The full true total maximum value of the goods at all times as declared to us on the Licence Agreement or elsewhere in writing. The sum insured shall in no circumstances exceed GBP 25,000 for any one customer unless conﬁrmed in writing by us. The total sum insured can be increased on payment of an additional charge, subject to the prior agreement of our Insurers.
Actual physical loss of or damage to your property caused by ﬁre, lightning, explosion, earthquake, storm, ﬂood, bursting &/or leaking pipes, ingress of water or other liquid substance, aircraft or articles dropped therefrom, moth, insect or vermin from an external cause, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, and impact by vehicle or railway rolling stock.
The sum covered must represent the full true total value of the property stored at all times If you fail to declare the full replacement value of your property on the Licence Agreement, in the event of a claim we will only be entitled to recover on your behalf from our Insurers the proportion of the loss as the declared value bears to the total replacement value of your property.
BASIS OF CLAIMS SETTLEMENT
The settlement of any claim shall be by replacement, repair and/or compensation at Insurer’s option. In the event of the total loss or destruction of any item insured under this Insurance, the basis of settlement shall be the cost of replacing the item as new provided that the item is substantially the same as but not better than the original when new.
Household linen and clothing
Where any claim includes loss of or damage to any item(s) of household linen and clothing, Insurers will take into consideration the age, quality, degree of use and consequent market value of any such lost or damaged item(s).
Where any claim includes loss of or damage to documents the basis of settlement shall relate to the reasonable costs of reprinting and/or reasonable costs of reissue and/or reconstitution including, where applicable, fresh research or exploration to obtain essential information.
PAIRS & SETS CLAUSE
Where any items are part of a pair or of a set Insurers shall only pay for the actual items which are lost or damaged. No payment will be made by Insurers for any items which are part of a pair or of a set and which are not lost or damaged.
Insurers will not pay the ﬁrst GBP 50 of each claim per customer.
All claims must be notiﬁed to us at the time of discovery of loss or of damage to your property or at the time of removal of your property from the unit, whichever is the soonest.
No cover is provided for the following
- Money, Coins, Bullion, Deeds, Bonds, Securities and the like.
- Livestock, Plants, Explosives and Flammables
- Jewellery, Watches, Precious Stones, Stamps of all kinds exceeding GBP 500 combined total.
- Furs, ﬁne arts, perfumery mobile phones, tobacco, cigars, cigarettes, beers, wines, spirits & the like exceeding GBP 10,000 combined total.
- Electronic items exceeding GBP 10,000 in total. Electronic items are deﬁned as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopiers, smart phones, tablets, hi-ﬁ`s, stereos, CD players, Digital Recorders / Players and the like. (Heavy electrical items such as switchgear, turbines, generators and the like shall be deemed not to be electronics.)
- Depreciation following repair or restoration of a damaged item
- Loss of data records other than cost of blank data carrying materials.
- Any goods which you are not permitted to store under the terms of the Licence Agreement.
- Any consequence of War, Invasion, Act of Foreign Enemy Hostilities (whether War be declared or not), Civil War, Rebellion, Revolution, Insurrection or Military or Usurped Power or conﬁscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
- Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage arising from an Insured Peril.
- Loss or damage from: a. ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; b. the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or nuclear component thereof, c. any weapon of war employing atomic or nuclear ﬁssion and/or fusion or other like reaction or radioactive force or matter. d. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion of this sub clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried stored or used for commercial, agricultural, medical, scientiﬁc or other similar peaceful purposes.