Canford Magna Storage Terms & Conditions

1. LICENCE

Subject to the terms and conditions set out below, we give you the right (in common with us and all others authorised by us) to use the unit for the purpose of the storage of goods.

You may enter the unit only during our published business hours, or at other times by prior arrangement with us. We will try to provide you with notice of any change to our published business hours but we reserve the right to change them without prior notice.

This licence shall commence on the start date and shall continue until terminated in accordance with clause 22.

This licence is personal to you. The rights given to you under this licence may only be exercised by you. You may allow other people, for example your employees, agents or contractors to exercise your rights subject to our discretion to refuse them permission to do so.

Where this licence allows or requires you to do anything or prevents you from doing anything, this includes any person acting on your behalf. You agree that you are responsible for ensuring that any person acting on your behalf under this licence does so only in accordance with its terms.

This licence does not grant you a tenancy or exclusive possession of the unit or create any interest in land.

2. YOUR OBLIGATIONS

You will:

Pay us the deposit in accordance with the terms of clause 3.1 and on or before the due date the payment detailed in that clause;

Throughout the term of this licence (and , where this applies, following termination) pay us the licence fee together with VAT (if applicable) and any other charges we may make under our schedule of charges and interest in accordance with the terms of clauses 4.1 and 5.1 and on or before the due dates for payment detailed in those clauses. It is important that you make payment to us on time of any sum you owe us under this licence. You must make your payments whether we send you an invoice or not.

Use the unit for the purpose of storage of goods only;

Not store anything included in our lists of prohibited goods. Our current list of prohibited goods is included in this licence. We are entitled to change list of prohibited goods on not less than 28 days notice in writing to you. Your right to terminate this licence under clause 22 enables you to cancel this licence without penalty if you object to this.

Not do or allow anything to be done at the unit which may be or may become a nuisance or annoyance to us or any other person, including our landlord, a licensee of any other unit or the occupier of any property adjoining the unit;

Take reasonable care of the unit, make good and pay for all damage (including accidental damage) caused by you to any person or property, including to the unit, any other unit, the site or any of our buildings and notify us immediately in the event of any such damage;

Not do or allow anything to be done by reason of which any insurance in force relating to the unit, the site, any of our buildings or any other unit may be made invalid or capable of being suspended, cancelled or revoked, or would result in the rate of premium of that insurance being increased;

Not assign or otherwise transfer this licence or grant sub-licences in respect of the unit or allow any other person into possession or occupation of the unit;

Not display any signs or notices at the unit without our prior consent in writing;

Not do any act or thing which would be in or which might amount to a breach of any statutory requirement affecting the unit;

Fully protect us and keep us fully protected against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability arising in any way from this licence, including any breach by you or anyone acting on your behalf on any of its terms and you will pay to us on demand any and all sums which, resulting from any such liability or breach, we may pay, be liable to pay or otherwise incur;

At all times act in a responsible manner, take reasonable care and observe all reasonable rules and regulations regarding your conduct (including fire regulations and health and safety) as we may from time to time post at or in the vicinity of the unit, the site or any of our buildings or which we may otherwise notify to you in advance, or to which you may be directed while on site by any of our employees, agents or contractors;

Permit us, our employees, agents and contractors to enter the unit and will not hinder or prevent us or our employees, agents or contractors from exercising our rights of possession and control of the unit, any of our other units, the site or any of our buildings.

3. PAYMENT

The deposit is a security for the performance of the licence conditions and is separate from the licence fee. The deposit is due and payable on or before the start date. You are not entitled to offset any part of the deposit against any fees, charges or interest (including late payment charges) due and payable by you at any time. Provided that the unit is properly vacated, the deposit is refundable (without interest) following termination of this licence, less any amount we deduct to cover any licence fee or part of it, any of our charges or any interest which has not been paid, any clean up or removal or other charges or interest which you may incur, or any other obligation which you owe to us that you have not or not adequately performed.

The licence fee must be paid in advance for each 28 day period of the terms of this licence (referred to in this licence as "licence period"). You must pay the first instalment to us on or before the start date. You must pay each subsequent licence fee to us on or before the start of the next following licence period. Our first invoice will be presented to you when you enter into this licence and shall set out the deposit and the amount due and payable for the first licence period. All other invoices will be sent to you before the start of the next following licence period.

We will accept payment by cheque (please note that for all cheques there is a seven day period for clearance), cash, or standing order. We will charge you an administration fee as set out in our schedule of charges together with any fee charged by the bank to us if any cheque received from you or on your behalf is dishonoured or returned or if your standing order is returned unpaid.

4. OTHER CHARGES

All of our charges (other than the deposit and the licence fee which are stated above) are as set out in our schedule of charges. A copy of our schedule of charges current at the date of this licence will be provided to you at the time of signing. Further copies are available on request.

We are entitled to increase the licence fee and any of our charges or rate of interest (including those set out in our schedule of charges) on not less than 28 days notice in writing to you. For your information, our schedule of charges is not normally updated more than twice annually. Your right to terminate this licence under clause 22 enables you to cancel this licence without penalty if you object to this.

5. NON PAYMENT: OUR RIGHTS

Charging Interest

If any sum payable is overdue for more than 28 days, we will be entitled to charge you interest on the overdue amount in accordance with our schedule of charges.

Letter Charges

If we write a letter to you about non payment of any sum payable or your breach of any of the terms of this licence, we will be entitled to charge you for doing so in accordance with our schedule of charges.

Denying Access

If any licence fee or part of it becomes overdue by than more than 28 days, we may deny you access to the unit until payment in full of all amounts you owe us has been made without deduction.

For this purpose, we may and you will allow us to place our own lock on the unit as well as or instead of any lock currently on the unit.

Impounding the Goods

In default of payment of any licence fee or part of it, we shall be entitled to keep and to hold all goods stored at the unit (whether for you or for or on behalf of any other person) until payment in full of all amounts you owe us (including any charges and interest) has been made without deduction.

For this purpose we may and you allow us without further notice to break open and enter the unit and to take possession of the goods stored in the unit.

If the unit is broken open and/or entered into by us following the exercise by us of our rights under this clause, we will take an inventory of all goods stored. The inventory shall be conclusive evidence of the contents of the unit. We will send you a copy of the inventory.

We shall be entitled to charge you for breaking open the unit in accordance with our schedule of charges.

If we exercise any of our rights under this clause to deny access to the unit or to impound the goods:

We will not gain any interest in or become responsible for the goods and the goods may be removed and will be held by us at your risk until the default is remedied.

We shall not be liable to you for any damage to any lock which we remove or the cost of its replacement or for any loss or damage to the goods or any losses which you may incur because your access to the unit is denied or the goods are impounded.

Access will not be permitted nor will the goods be released to you until we are in receipt of cleared funds for all amounts you owe us (including any charges and interest) without deduction.

We will notify you in writing by registered or recorded delivery post that we have denied you access or impounded the goods.

Selling the Goods

If any amount which you owe to us has not been paid in full (including any charges and interest) and without deduction within 56 days of it becoming due, we shall be entitled to sell or otherwise dispose of the goods and apply the proceeds against all sums that are unpaid and all expenses that are incurred by us resulting from any sale or disposal.

We will give you notice in writing by registered or recorded delivery post setting out the details of the goods, the location where the goods are being held, details of the total amount you owe us, the date by which you must pay us in full (including any charges and interest) without deduction and information about how to contact us. We will give you a period of 7 days from the date we give you notice to make payment in full (including any charges and interest) without deduction. If you do not make this payment within this period we will then be able to sell or dispose of the goods as set out in this clause.

If there is a sale or disposal, we will try to obtain the market value for the goods. We will then be entitled to deduct from the amount we receive all sums due to us (including any reasonable costs and expenses incurred by us, for example postage, legal and professional fees and the cost of sale).

The balance (if any), after deduction of all sums due to us (as explained in clause 5.6.2 above), will be payable to you by cheque which will be sent to you at the address set out in this licence or any other address that you have notified to us in writing in advance. If there are insufficient proceeds from the sale or disposal to satisfy all sums due and owing to us then you must pay us the balance within 7 days of us notifying you in writing of the amount due.

If the goods cannot for any reason be sold economically, or they remain unsold despite our efforts, you authorise us to treat them as abandoned by you and at your sole cost and expense to destroy or otherwise dispose of them in whatever way we think fit.

Our rights under this clause are in addition to any rights we may have under the general law.

6. NO WARRANTY

It is your responsibility to inspect the unit in advance and during your storage in order to be certain that it is and remains suitable for your requirements. We are not offering you any guarantee either about the suitability of the unit or any other matter, either at the start of this licence or subsequently. We strongly advise you to inspect the unit from time to time.

7. GOODS STORED

We may refuse you the rights to store any goods at or require you to remove any goods from the unit, the site, and any other unit or any of our buildings at any time, including if in our reasonable opinion those goods may constitute a health or safety risk or endanger the security of any person.

8. UNATTENDED GOODS RECEIVED

We will not, save in exceptional circumstances and by prior arrangement, accept "unattended goods" for storage. Where arrangements are made, we are not responsible for checking the type, condition or quality of goods on receipt. You will ensure that no goods are consigned to us nor are marked or delivered "care of" us and that they shall be properly addressed to you. We are entitled to charge you additional fees for this service and for any subsequent storage of goods in accordance with our schedule of charges. Any goods which are delivered to or left at or outside any site out of opening hours are your entire responsibility. Any goods which are deposited or left by you anywhere other than in the unit, are your entire responsibility. We may, if you so request and provided we agree, place those goods in a unit if you have given us a key enabling us to access the unit and if you pay us on demand our charges for this service in accordance with our schedule of charges.

9. MOVING THE GOODS

9.1 You agree that, if required by us, you will upon 14 days notice move all goods from the unit to another unit or storage centre specified by us of equivalent size and standard. Your right to terminate this licence under Clause 22 enables you to cancel this licence without penalty if you object to this.

9.2 Should you fail to move all the goods when required to do so or, in the case of an emergency, (for example fire or flood) without notice, you will allow us to move the goods to any other unit or storage centre at our own cost.

9.2.1 If you fail to move all the goods when required to do so and we move them, we will not gain any interest in or become responsible for the goods and they will be removed and held by us at your risk. We will not be liable to you for any damage to any lock which we remove or the cost of its replacement or for any loss or damage to the goods or any losses which you may incur as a result.

9.2.2 We will notify you in writing by registered or recorded delivery post if we exercise any of our rights under this clause.

10. GENERAL RULES

You must not affix anything to the interior or exterior walls or doorways of the unit, any other unit or any part of our buildings at any time without our prior consent in writing. You may bring pets onto the site but must not allow them into any of our buildings. You may not play any music nor use any radio or amplifier anywhere on site. You must keep the hallways and common parts of the building clear of obstruction. You must not use the unit as an office or workshop.

11. WASTE DISPOSAL

We will provide a reasonable waste disposal facility, but should you generate a large amount of waste it is your responsibility to remove this from the site at your own cost and expense.

12. PALLETS

You must properly and neatly put away all empty pallets. If you do no do so, we reserve the right to charge you in accordance with our schedule of charges.

13. FORKLIFT TRUCKS

You are allowed to use a forklift truck on site following production to us of a valid forklift licence and a certificate or other confirmation of insurance acceptable to us. Any damage caused by you using any forklift truck is your entire responsibility and we are entitled to charge you for that damage.

14. ADDRESS

You must not live in nor conduct any trade, business or profession in or from the unit, the site or any other unit nor permit any other person to do so. You are not permitted to use the unit, the site or any other unit, site or any of our offices as a residential, business or other postal address, save exceptionally by prior arrangement for the purposes of delivery of items intended for storage in the unit only. We are entitled to charge additional fees for this service in accordance with our schedule of charges. We accept no responsibility for any postal deliveries made without prior arrangement and payment by you of all applicable charges on or before the due date for payment.

15. VALUE OF GOODS STORED

The total value of goods to be stored in the unit MUST NOT at any time exceed the figure which you declare to us at the beginning of this licence. We rely solely on you to advise us correctly of the total value of the goods stored in the unit. In the event that the total value of goods stored in the unit will or may exceed this figure, you must notify us in writing immediately. You should also think about whether you need to increase the amount for which the goods are insured under Clause 16 below. You warrant and represent to us that the total value of goods stored in the unit will not exceed at any time the figure which you advise us. If you do not provide us with a figure we will assume that the goods stored are of nil value and if you do not advise us of any change we will assume the last figure advised by you is correct.

16. INSURANCE

We have general insurance cover in place in respect of our legal liability to you under this licence which is subject to the various limitations and exclusions set out in our policy of insurance and this licence. This insurance cover protects us (for example) in the event of certain claims which may be made by you against us. Further details of the insurance cover we have in place are available upon request.

You must at all times during the term of this licence have your own insurance cover in place for an amount not less than the full replacement value of all goods stored in the unit at any time. This amount may be greater than the total value of the goods. You guarantee to us that you will at all times have insurance cover in place for at least the full replacement value of all goods stored in the unit.

We cannot advise you and are not qualified to advise you concerning insurance cover. However, we can if you wish arrange insurance cover to be provided to you by our nominated third party insurer from time to time. We do not recommend nor can we guarantee in any way the insurance company, its policy document or any insurance cover you purchase from them. We do not promise that the insurance cover you take out nor that any offered to you will be adequate to protect all or any of the goods or loss. We rely solely on you to advise us correctly of the full replacement value of the goods stored in the unit.

If you do not purchase insurance cover from our nominated third party insurer, you guarantee to us that before bringing any goods on site you will insure them 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 site.

In Clause 16.4, the phrase "normal perils" means loss of or damage to items caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, burst and/or leaking pipes, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage or impact by vehicles.

If you under-estimate the full replacement value of the goods we will not be liable for the difference between the sum you estimated or declared to us or for which you took insurance and the true replacement value of the goods. If you are in any doubt about the full replacement value of the goods you should obtain a professional valuation.

17. LIMITATION OF LIABILITY

We are not liable to you except as set out in writing this licence.

Our total cumulative liability to you and to any other person under this licence shall be limited to 50 (fifty) pounds (or any other higher reasonable figure as may be agreed by us in writing which is no greater than the excess payable under your policy of insurance relating to the goods stores in the unit) in respect of all destruction, loss of or damage to property due to "normal perils" (as defined in Clause 16.4).

Our total liability is otherwise limited to the total value of goods stored in the unit which you declare to us as set out at the beginning of this licence or which you otherwise notify to us in writing in advance. This may be lower than the full replacement value of the goods. If you under-estimate the total value of the goods we will not be liable for the difference between the sum you declared to us and the true value of the goods. If you are in any doubt about the full replacement value of the goods you should obtain a professional valuation.

We are not responsible for the acts and omissions of any person acting on your behalf or acting outside our authority or control, nor are we responsible to the extent that any loss or damage (a) would be covered by insurance cover which you or any injured party may have; (b) arises from your own negligent acts or omissions; (c) arises from a breach by you of the terms of this licence; (d) arises from a breach of any instructions issued by us from time to time; or (e) results from ordinary wear and tear, natural deterioration, atmospheric or climatic conditions.

You must take care of your personal belongings when on site. We are not responsible should you lose or misplace any personal belongings during any site visit. You must not leave, deposit or store cash in the unit. We are not in any way responsible for any cash which is left, deposited or stored in the unit.

We are not liable to you or to any other person for any losses arising out of or associated with any damage to the goods, including any loss of data, earnings, profits, revenue, turnover, sales, production, anticipated savings, goodwill, business opportunities or contracts, or any other forms of economic loss whatsoever. These losses are known as indirect or consequential loss.

Nothing in this clause or elsewhere in this licence limits or excludes us from any liability for personal injury or death caused by our negligent act or omission or that any of our employees, agents or contractors.

18. CIRCUMSTANCES BEYOND OUR CONTROL

We are not liable to you nor to any other person if we are unable to perform any of our obligations to you or our performance is hindered or delayed due to circumstances beyond our reasonable control, including any industrial action, labour dispute, acts of god, riots, war, civil commotion, malicious damage, compliance with any law or governmental or court order, ruling, regulation, instruction, direction or statutory obligation, failure of plant or machinery, fire, flood, storm or other adverse weather conditions, cut or failure of power, equipment, systems or software, siege, act of terrorism, police or security alert or any resulting precautionary measures taken.

19. REGULATING THE SITE

You agree that we are entitled to open and enter the unit:-

if we reasonably suspect that any criminal or terrorist activity is being conducted from or is associated with the unit

if requested to do so by any lawful authority or under a court order

if we reasonably suspect that anything on the list of prohibited goods is being stored in the unit

in order to prevent injury to a person and/or damage to property (for example, other units or other goods being stored by other people) and/or in order to determine whether it is necessary to do so.

For this purpose we may and you will allow us to, without further notice, break open the unit.

We will not gain any interest in or become responsible for the goods and we will not be liable to you for any damage to any lock which we remove or the cost of its replacement or for any loss or damage to the goods or any losses which you may incur as a result.

You agree that in these circumstances, we may allow any of the goods stored in the unit to be removed, seized or confiscated or that we may deliver up any of the goods if we are asked to do so.

20. LOCKING THE UNIT

It is your responsibility to lock the unit and to ensure that it is re-locked after each visit you make and we will not be responsible for locking any unlocked unit. You are also responsible for the safety of the goods in the unit when the unit is unlocked during any visit you make to it. We will not be responsible for any loss or damage to the goods or to any losses which you may incur as a result of the unit being or remaining unlocked.

21. KEYS

You are responsible at all times for the safe custody of all keys to all locks which you place on the unit. You must not leave any keys unattended in any lock or anywhere at any time.

If you are a business or if you are sharing a unit with one or more others, a key to the lock you have placed on the unit may be left with us by prior arrangement. For this purpose you agree that we have no liability to you in the event that a key is deposited with us, except for a general duty of care to avoid the loss or misuse of the key.

These arrangements are for your convenience and will not result in our acquiring any interest in or becoming responsible for the goods stored in the unit.

22. TERMINATION

This licence may be terminated:

by us immediately on notice to you following any breach by you of any of the terms of this licence; or

by you or us on not less than 7 days notice to the other.

Termination of this licence for whatever reason shall be in addition to any rights we may have in respect of any breach by you of any of the terms of this licence and will not affect any of your or our rights or liabilities which have already arisen up to the date of termination.

No term or condition nor any obligation set out in this licence which either expressly or by implication is to continue beyond its termination shall come to an end upon the termination of this licence but shall continue in full force and effect until it has been fulfilled or has expired.

23. VACATING

On termination of this licence, whether terminated by you or by us, you must vacate the unit, remove all the goods from the unit and the site and remove any lock you have placed on the unit.

On your vacation of the unit, it is your responsibility to empty and clean the unit. If you do not do so, then you will be charged in accordance with our schedule of charges.

On vacation of the unit, you must pay in full all outstanding licence fees, other charges and interest due to us. The deposit and any overpayment by you of the licence fee will be refunded to you less any amounts which you owe to us. If a refund is due, this will normally be made within 14 days of calculation by us of the amount payable.

In no circumstances are you permitted to apply any of the deposit as payment in whole or in part of any sums which you owe to us, including the licence fee payable for the final licence period or any part of it. Vacation of the unit by you before the end of any licence period does not entitle you to a refund of any licence fee or any part of it which you have paid to us for that period.

If you do not vacate the unit, remove all the goods from the unit and the site and remove any lock you have placed on the unit, you will have to keep paying us all sums that would be due under this licence as if it had not come to an end. We shall be entitled to treat any goods you have left in the unit as abandoned by you, we may then immediately exercise any of our rights set out in Clause 5 above, in particular to sell or otherwise dispose of the goods. We shall still be required to send you the notices set out in that clause.

24. DATA PROTECTION

Personal data (for example, the name of an individual, his or her personal address or email address) which you may provide to us at any time is used solely for the purposes of administration and the proper performance of our obligations to you under this licence, for our internal audit and accounting purposes, security procedures, to check your credit history and for our own direct marketing purposes. You authorise us to use your personal data for these purposes. We do not share any of your personal data with any other person, firm or company. We will at all times treat all personal data which you provide to us in accordance with the Data Protection Act 1998.

25. AMENDMENT

We may be required to amend the terms to this licence to comply with changes in the law or regulatory and other requirements. We may be required to make these changes immediately or on short notice. If we do so we will try to notify you as soon as possible. The terms of this licence may not otherwise be varied or amended except in writing by us on not less than 28 days notice to you. Except in exceptional circumstances where we have had to make any changes immediately or on short notice. Your right to terminate this licence under Clause 22 enables you to cancel this licence without penalty if you object to this.

26. NOTICES

All notices to be given by us or you under this licence shall be given in writing and shall be sufficiently served (unless otherwise expressly stated) if delivered by hand or sent by first class prepaid post to the relevant address set out at the top of this licence, or any other address that has been notified to us or to you (as appropriate) in advance in writing for this purpose. Any notice to be given under this licence shall be deemed to have been duly given, if delivered by hand, on the day of delivery and, if sent by post, three days after posting.

27. CHANGE OF ADDRESS

You must notify us as soon as possible if you change your address or contact details as set out at the top of this licence. We will notify you as soon as possible if we change our address or contact details.

28. NO WAIVER

Any delay by us in exercising any of our rights under this licence 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.

29. SEVERABILITY

Every provision in this licence is severable and distinct from every other provision and if at any time one or more provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way.

30. ENTIRE AGREEMENT

This licence sets out the whole of the agreement between you and us. You agree that you have not relied on any other oral or written statement made by any person in deciding to enter into this licence.

31. NO VARIATION

This licence 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 licence 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 licence.

32. NO ASSIGNMENT

You may not transfer or assign this licence or any part of it or any of your rights, obligations or commitments made under it to any other person at any time.

33. NO THIRD PARTY RIGHTS

Except as provided for by Clause 1.4 no person other than you and us shall have any rights under this licence and accordingly the Contracts (Rights of Third Parties) Act 1999 (which might otherwise result in the creation of such rights) shall not apply to this licence.

34. GOVERNING LAW

English law applies to this licence. All disputes arising under this licence shall (in the event that they cannot be amicably resolved) be resolved only in the English courts.