Definitions
1.1. These terms and conditions, the following words have the following meanings: -
Hours.
The hours we permit access to the Unit
Agreement
These terms and conditions and the information set out in the cover sheet
Deposit
The amount specified in the cover sheet
Due Date
The Start Date for the first period in the cover sheet and the first day of each subsequent period or the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
End Date
The date of termination of this Agreement in accordance with contract
The Goods
Anything you store in the Unit at any time during this Agreement
Notice Days
[7] [14] [30] days
Our Fees
The amount specified in your invoice for each period based on the amount specified in the cover sheet plus VAT where specified.
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, text, email or social media.
Site
The premises in which the storage unit is situated.
Start Date
The date specified in the cover sheet.
Unit
The storage unit specified in the cover sheet or any alternative storage unit we may specify under terms and conditions. Unit can be container, freestanding area, secure store or room.
We, Us, Our
The storage provider named in the cover sheet
You, Your
The customer named in the cover sheet.
Terms and conditions are rules and regulations we agree with the client when they take out a storage contract through P&M Movers with Lancashire Storage. The agreement for storage is in the form of a contract which protects both the client and Lancashire Storage. Details are set out in the terms and conditions which are part of their storage contract. The protection given is through UK Contractual Law. The storage agreement is a legal contract and both parties must comply with the terms and conditions of the contract.
Specific points of the contract for clarity are as follows.
The Client is 100% responsible for their own insurance while in storage.
Lancashire Storage supply the facilities containers and the staff to facilitate the packing and securing of storage units. P&M Movers will move clients into storage locations and relocate as per their own terms and conditions.
P&M Movers have no powers outside of the terms and conditions to enter Lancashire Storage or your storage containers and units.
The storage contract is with Lancashire Storage and the client only and not through any third party or agent.
Payment of storage charges are paid in advance with 4 weeks rent in advance which is accepted as being the deposit as per the contract for storage and the terms and conditions.
Lancashire Storage Terms & Conditions
Please note that all Unit sizes are approximate and we accept no responsibility for their accuracy. In agreeing to Our Fees, you accept these apply to the Unit in use for your storage contract and not any Unit represented in the facility.
So long as Our Fees are paid up to date, we license You but no other person: - to store your Goods in the Unit in accordance with this Agreement from the Start Date until the End Date; and to only have limited accompanied access to the Unit after making arrangements with Lancashire Storage. No access to the Unit will be permitted for any other purposes apart from removal of specific items needed by storage client. An administration charge will be incurred by the client for the opening and repacking the storage container and alteration of the inventory forms. (£20.00 Set fee charged for time, labour and services)
Only You and persons authorised in writing or accompanied by you will be allowed to have restricted access to the container. 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 to the member of staff accompanying you at the time.
We may refuse you or your agent’s 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.
You will permit us and our agents and contractors to open the container in the following circumstances: -
If We give You not less than seven days' notice so that We may inspect the container or carry out repairs, maintenance and alterations to it or any other unit or part of the Site;
At any time without notifying you: - If we reasonably believe that the container is being used as a sublet or contains any banned
storage items; -
If We are required to do so by the Police, Fire Services, Trading Standards, HM Revenue & Customs, Local Authority or any other government or statutory authority or by a Court Order;
For any purpose if we believe it is necessary in an emergency;
To prevent injury or damage to persons or property; or for the purpose of ascertaining whether the Unit contains any banned items 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.
You confirm and warrant to Us: - that throughout this Agreement, the Goods in the container from time to time are Your own property or that the person who owns or has an interest in them has given You irrevocable authority to store the Goods in the container on the terms and conditions in this Agreement and that You act as a duly authorised agent of any such person. If this is not true You will be liable for and will pay to Us in full the amount of any costs, expenses, loss or damage which We incur or which We suffer as a result of claims made against Us including but not limited to any reasonably incurred legal fees and any costs or claims arising from any step or action taken by any person who owns or has an interest in the Goods.
We may refuse to permit You to store any Goods or require You to collect any Goods from the container if in Our opinion the safety of any person on the Site, or the security of the Unit or its contents, or other units or their contents, would be put at risk by the storage or continued storage of any such Goods.
You must not store: - (and you must not allow any other person to store) any of the following in the Storage Unit: -
Food or perishable goods, birds, fish, animals or any other living creatures, combustible or flammable materials, liquids such as gas, paint, petrol, oil or cleaning solvents, air fresheners, any liquids that may cause smells or aromas that could affect other items in storage, firearms, explosives, weapons or ammunition, chemicals, radioactive materials, biological agents, toxic waste, asbestos or other materials of a potentially dangerous nature any item which emits any fumes, smell or odour. Any illegal substances, illegal items or goods illegally obtained, including counterfeit goods, illicit (smuggled/counterfeit) tobacco, illicit alcohol, unlicensed medicines, unsafe goods (including toys, electrical items, cosmetics, and fireworks), and compressed gases.
This list is not finite and you must contact the company if you are not sure if the item is excluded from storage.
Any breach of these conditions concerning excluded items, waivers any claim against the company or their associate's. You will be liable to claims from any other storer you may affect by ignoring these regulations.
You must not (and you must not allow any other person to): -
Do anything on the Site or in the warehouse which may be a nuisance to P&M Movers or our clientele.
Do anything on the Site which may invalidate any of insurance policies or those of other unit users or increase the premiums payable on them. Use the warehouse as offices or as a business address and not use the address of the Site for receiving or sending mail; Spray paint or do any mechanical work of any kind in the warehouse; Attach anything to the internal or external surfaces of the warehouse or make any alteration to the containers; Cause any damage to the warehouse or any other container or the Site or its facilities or to the property of and vehicles used by P&M Movers or any other warehouse 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;
leave anything in or cause any obstruction or undue hindrance in any passageway, stairway, service area 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. Leave any waste or refuse that is created by storing the Goods and you will be charged the reasonable costs of disposing of such waste or refuse.
You must ensure that anyone authorised by you to use or access the container must: -
Use reasonable care when on the Site or in the warehouse and take all reasonable care in respect of the warehouse, the Site, and the property of Lancashire Storage or any other warehouse users or other persons on the Site; inform Us of any damage or defect to the warehouse immediately You become aware of it; 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 Warehouse and the Site which We may issue from time to time;
Pay for the reasonable cost of repairs to or cleaning of or making good the container or the Site as a result of any damage caused by you or anyone authorised by you to access and use the Warehouse, including but not limited to your removal, haulage or delivery contractors.
This Agreement shall not confer on you any right to exclusive possession of the container.
We may at any time by giving you seven days' notice require permission to move the Goods from the container to another container specified by us which shall not be smaller than the current container.
We may at any time without giving You notice remove the Goods from the container to another unit specified by Us, which shall not be smaller than the current Unit, in the event of a fire or flood or other incident or occurrence at the Site which in Our opinion requires the Unit or any part of the Site to be closed or sealed off. We agree to pay the costs of removal which has been approved by us at the time of the move. If you do not arrange for the removal of Goods for other reasons after being given notice to the alternative unit by the date specified in the notice, we our agents and contractors may open the container and do so. In doing so, we our agents and contractors will act as your agent and the removal will be at your risk (except for loss or damage caused willfully or negligently by us and our agents or contractors, subject to the aggregate limit of our liability. If the Goods are moved to an alternative container 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 in the cover sheet or as subsequently varied in respect of the original Unit will continue to apply to Your use of the alternative unit.
You must pay Us Our Fees: - for the minimum period of storage on signature of this Agreement and for each successive period you must pay Our Fees on the Due Date. All sums payable to us under the Agreement will become due immediately upon termination of the Agreement in accordance with contract. 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. You may terminate this Agreement without charge at any time before the new Fees take effect by giving notice in accordance with your contract. If you do not pay Our Fees on the Due Date, you must pay us an administrative charge for late payment which is the largest of 10 per cent of Our Fees or £10 at the company’s discretion.
We will not accept that payment has been made until we have received cleared funds. In the event that any direct debit is dishonored, we may charge you an administrative charge of £15. Additionally, if You do not pay on time, you must pay Us interest on all amounts overdue for payment from You at the rate of 5% above the base rate of Lloyd's Bank or Nat-West Bank PLC, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgment, and whether or not We exercise the right of sale under this Agreement.
You must pay us the Deposit on Your signature of this Agreement.
The Deposit will be taken as the final storage rental payment after this Agreement terminates less any amount due.
We may in our sole discretion deduct to cover: - any breach of Conditions any of Our Fees which have not been paid or any unpaid removal or other charges; or any other obligation to us that you have not performed. We reserve the right to deduct or withhold from the Deposit an amount equal to the costs of repairs to or cleaning of the container or the Site which We consider is required as a direct or indirect result of the storage of the Goods within the container or Your breach of this Agreement, in order to bring the container and the Site up to substantially the same standard and condition as it was in at the Start Date.
We will refund the balance of the rental payment if we have made any deductions to you within 21 days of the End Date. Any such refund will be by company electronic transfer to a credit/debit card or account. No refunds will be given in cash. Monthly contracts can be refunded by way of rent-free storage for the final month of storage contract.
We bring to your attention: - that we take the issue of Prompt Payment very seriously and have a right of lien. If any sum owing from You to Us under this Agreement or any other agreement between You and Us (in this Condition called "Your Debt") is not paid when due, then We have the right to take action as set out in these terms and conditions.
The terms of this Condition are additional to and do not affect any and all rights we may have at common law or otherwise.
We are entitled to hold on to the Goods until Your Debt has been paid in full and received by Us in cash or by direct debit has been paid by Your bank. We shall be entitled to invoice You and You shall pay Us fees and charges at the same rates as under this Agreement and if this Agreement has been terminated, the relevant rate at which such fees and charges will be payable by You will be the rate which was payable immediately prior to termination.
You authorise us; -
To refuse You and Your agents access to the Goods, the Unit and the Site and secure the Unit until the outstanding amount has been recovered by Us in full; To enter the Unit and inspect and remove the Goods to another unit or Site and to charge You for all reasonable Costs incurred by Us in moving and storing Your Goods together with any repeated costs if We reasonably require to move Your Goods at any time afterwards; To hold onto and/or ultimately dispose of some or all of the Goods. In the event that you do not pay any of Our Fees or charges and the Goods are left in the Unit. Your goods may be removed and stored in an alternative location at your sole risk. We exclude any liability in respect of the Goods when payment of Our Fees or charges is overdue and exclude any duty of care however it may arise. 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, subject our terms and conditions sell the Goods as if we were the owners and you acknowledge that we will pass all rights of ownership in the Goods to the buyer. We will use the proceeds of sale to pay first the costs incurred by us in the sale and removal, and second to pay Your Debt. We will hold any balance for you. Interest will not accrue to you on the balance. 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 seven days of 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. We may take action to recover the outstanding amounts
Before We sell the Goods, we will give You notice in writing by registered or recorded delivery post at Your address on the cover sheet or any other address in the UK notified by You to Us in writing before We send Our notice. If you have not provided us with an address in the UK, we will try to contact you at any address you have provided which may include email. Our notice will specify the amount of Your Debt at the date of the notice (and, in Our sole discretion, specifying any amount by which Your Debt is increasing after the date of that notice) and will direct You to pay Us. It will also specify that, if you fail to pay within one month after the date of the notice, we will sell the Goods. We do not agree to give you any further notice of any intended sale. We will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. 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.
Lancashire Storage do not insure the Goods in store.
Storage of Goods in the Unit is 100% at your sole risk. However, it is a condition of this Licence that Your Goods must remain insured at all times while they are in storage and You must supply Us with evidence of taking out such insurance cover before this contract can be signed.
You warrant and confirm to us as follows:
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 as new and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site; and that the insurance cover will not be for a sum which is lower than the full replacement value of the Goods stored in the Unit.
We do not give any advice concerning the insurance cover given by any insurance policy and it is for you to make your own judgement whether the cover provided is appropriate to cover the Goods and risks to them.
If you take your own cover and produce evidence of this to us, the fact that we inspect any insurance documents does not mean that we have approved the cover or confirmed that it is suitable or sufficient.
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 Loss or damage to the Goods caused by Normal Perils.
Normal Perils in this Condition means physical loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft or articles dropped from them, storm, flood, bursting or leaking pipes, ingress of water or other liquid substance, moth, insect or vermin, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, and impact by vehicles or railway rolling stock.
You warrant and confirm that:
You have written on the cover sheet the full replacement value as new of all the insured goods for reference in the event of a claim or insurance investigation;
The aggregate value of the Goods stored in the Unit will not exceed that value; and this warranty is repeated by you to us at each
Due Date.
Nothing in this Condition shall make or be deemed to make us your agent. If You fail to pay any insurance premium and any insurance cover in respect of the goods ceases from the date such premium is due, you will be in breach of your storage contract and may be removed from store. 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 willful default or that of our agents and/or employees.
You will be liable for and will compensate Us for the full amount of all claims, demands, liabilities, damages, costs and expenses incurred by Us or by any of Our employees or 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 by any of Your employees, agents or persons You invite or authorise to access the Site or the Unit or which arise out of the breach of this Agreement by You.
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. In certain cases, we may not be able to allow you access to the Unit or Site. We shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of our obligations under this Agreement which results from circumstances beyond our reasonable control. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labor 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. If this happens, then we will not be responsible for failing to allow access to Your Goods for so long as the circumstances continue. We will try to minimise any effects arising from such circumstances.
This Agreement shall expire on the End Date as described in the contract: -
Either You or We may terminate this Agreement: by giving to the other written notice of not less than the required number of Notice Days ending on any Due Date and termination will take effect from that Due Date, which shall be the End Date; or If You commit a breach of this Agreement and, if the breach can be put right and you do not put it right within 14 days of Us notifying You of the breach, then We may immediately terminate this Agreement by notice in writing to You. Immediately on the End Date, you must remove all goods from the Unit and leave the Unit clean and tidy and in the same condition as at the Start 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. If you do not make 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 End Date as abandoned and may dispose of them in accordance with out terms and conditions. You will also be responsible for the removal of any rubbish you create during this Agreement or following the End Date. We do provide waste bins for your use. If you leave large amounts of rubbish on the Site or use our bins for large quantity dumping a charge will be applied to your account for the costs of its removal. If You do not comply with any notice, You give Us by removing all Goods from the Unit on the End Date then You will have to give notice again and We shall be entitled to be paid Our Fees for the period to the new End Date.
Termination will not affect either your or our outstanding rights or duties, including our right to recover from you any money you owe us under this Agreement. Where this Agreement has terminated and you have paid more of Our Fees and charges than are due at the Termination Date, we will refund the balance to you after deduction of any payments due to us as if the balance were a Deposit. No interest will accrue on any money held by us for you. Where any payments are still outstanding from You, you must pay us in full including any outstanding interest before we will release the Goods to You. If We fail, at any time, whilst this Agreement is in force, to insist that You perform any of Your obligations under this Agreement, or if We do not exercise any of Our rights or remedies under this Agreement, that will not mean that We have waived such rights or remedies and it will not mean that You do not have to comply with those obligations. If we do waive the default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing. If any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. We consider this Agreement sets out the whole agreement between you and us in relation to the grant to You by Us of a licence to use and access the Unit. We may, at any time, modify any of the terms of this Agreement and to change or impose new or additional terms and conditions as long as such modifications and/or additional terms and conditions are notified to you 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. If you are notified of any changes and do not take any steps to terminate this Agreement, your continued use of the Unit will be considered as your acceptance of an agreement to the amended terms.
This Agreement is personal to you.
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 on the Site to any other person, firm or company and a breach of this Condition is classed as a serious breach of contract.
You agree that 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 this Agreement.
This Agreement shall be governed by English law and any dispute or claim that either You or We bring will be decided on the basis of the laws of England and Wales by the Courts of England and Wales unless You request that Your local United Kingdom law or jurisdiction should apply (in which case that other relevant United Kingdom law and/or jurisdiction shall apply).
This Agreement shall not create a lease or tenancy or constitute us as baileys of Goods.
Where you or we are required to give notice under this Agreement, any notice must be in writing and will only be considered to have been given to the other if it has been delivered by hand to the person notified or sent to its address or by pre-paid post. Any notice from Us to You will be sent to your address written in the cover sheet or any other address in England which you have previously notified to us in writing. Any notice to you will also be sent to any owner(s) of the Goods (whether sole, joint, or co-owners) if you have previously notified us of their name(s) and address (is). Any notice from You to Us must be sent to our address set out in the cover sheet. A notice will be served at the time of personal delivery or forty-eight hours after it has been placed in the post.
Information Data.
We collect information about you when you register with us and throughout the course of this Agreement.
This information includes your personal data ("Your Data") and we process Your Data in accordance with the Data Protection Act 1998.
Your Data will be used for the purposes of this Agreement, processing payments, communicating with you and generally maintaining your account with us. We may share Your Data with, and obtain information about you, from credit reference agencies or fraud prevention agencies or trade associations of which we are a member. If you apply to us for insurance, we will pass your details on to the insurer. The information provided by you may be put onto a register of claims and shared with other insurers to prevent fraudulent claims. We will release Your Data and other account details at any time if We consider in Our sole discretion that such release is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Site, or (f) if We consider the security of the Unit or its contents, or other units at the Site or their contents may be put at risk.
In the event that we sell or buy any business or assets, we may disclose Your Data and account details to the prospective seller or buyer of such business or assets or if we or substantially all of our assets are acquired by a third party, Your Data and account details will be one of the transferred assets. If You agree, We will use Your Data for Our marketing and other like or related purposes, including to provide You with information, products or services that You request from Us or which We feel may interest You. If you agree, we shall also pass on Your Data to selected third parties to provide you with information about goods and services which may be of interest to you. Your choice with regard to the relevant use of Your Data is indicated in the cover sheet. You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the address set out in the cover sheet. We may make a small charge for this service.
Disputes.
Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings), the complaining party shall inform the other party 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 a Center 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.
Lancashire Storage Terms.