Terms and Conditions

Terms and Conditions

Terms and Conditions of Garden Hut Storage Limited Agreement to Store Goods.

1. In these terms and conditions, the following words have the following meanings:-

Access Hours: the hours We permit You to access the Room : Currently 0700 to 2100 hours (summer) and 0700 -2000 hours (winter)

This Agreement: these terms and conditions and the information set out herewith

Start Date: the date specified herewith

Deposit: the amount specified herewith

Due Date: the date specified herewith for the first four weeks of storage and the corresponding date for each following period of four weeks

The Goods: anything You store in the Room at any time during this Agreement

Minimum Period: The Minimum Period of storage is four weeks

Our Fees: the amount specified on your invoice plus any Other Charges which shall also be paid by You where it is or it becomes applicable plus any VAT which is or may become payable

Other Charges: our fees for the sale of insurance, general merchandise, administrative charges and any other service We agree to provide to You and any VAT payable that may be incurred by You from time to time

Prompt Payment: in respect of the payment of each and every sum due under this Agreement, payment on the Due Date or within three 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

Store: the premises in which the Room is situated

Termination Date: the date of termination of this Agreement in accordance with Condition 26

Notice Period the number of days specified herewith: Currently not less than 28 days

Room: the storage room specified herewith or any alternative storage room we may specify under Condition 11

We, Us, Our: Garden Hut Storage Limited

You, Your: the customer named herewith or an Existing Customer to whom these Terms and Conditions are sent or to whose attention they are drawn by letter, fax or e-mail

Existing Customer: a customer who had Goods in the Store at the date of the revision of this agreement under then existing Terms and Conditions

Authorised Persons: Any person in possession of the key to a Room who is able to provide Your name and address and the number of the Room

2. So long as Our Fees are paid up to date, We licence You, but no other person:

2.1.1 to Use the Room for the storage of Goods in the Room in accordance with this Agreement from the Start Date until this Agreement is terminated; and

2.1.2 to have access to the Room 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 Room for damage or unsuitability for the Goods. No access to the Room 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 at the Store, but we reserve the right to change Access Hours to other reasonable access times at any time without giving any prior notice.

3. Only You and persons authorised or accompanied by You (“Authorised Persons”) will be allowed to have access to the Room. Any such person is Your agent for whose actions You are responsible and liable to Us and to other users of Rooms at the Store. 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 if requested to do so. We may refuse You or Your agents access at any time if We consider in our sole discretion that the safety of any person at the Store, or the security of the Room or its contents, or other Rooms or their contents will be put at risk.
4. You are responsible for providing a secure padlock for the Room and You must ensure that the Room is locked so as to be secure from unauthorised entry at all times when You are not in the Room. We will not be responsible for locking any unlocked Room. You should not leave Your key with or permit access to Your Room to any person other than Your own agent who is responsible to You and subject to Your control and if You do so, it is 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 Room and any such person acts as Your agent only. 5. You permit Us and Our agents and contractors to enter the Room and if necessary we may break the lock to gain entry:-

5.1. if We give You not less than five days’ notice so that We may inspect the Room or carry out repairs, maintenance and alterations to it or any other Room or part of the Store;

5.2 . at any time without notifying You

5.2.1. if We reasonably believe that the Room contains any items described in Condition 8 or is being used in breach of Condition 9

5.2.2 . for the purpose of ascertaining whether the Room contains any items described in Condition 8 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

5.2.3. if we are required to do so by the Police, Customs, Fire Services, Local Authority or by a Court Order

5.2.4. for any purpose including that in Condition 5.1, if We believe it is necessary in an emergency

5.2.5. to obtain access in accordance with Condition 11 or

5.2.6. to obtain access in accordance with Our powers pursuant to condition 18 or

5.2.7. to prevent injury or damage to persons or property.

6. You warrant that throughout this Agreement, the Goods in the Room 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 Room on the terms and conditions in this Agreement and that You act as a duly authorised agent of any such person. 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.
7. We reserve the right to refuse to permit You to store any Goods or require You to collect any Goods from the Room if in Our opinion the safety of any person at the Store, or the security of the Room or its contents, or other Rooms or their contents would be put at risk by the storage or continued storage of any such Goods.
8. You must not store (and You must not allow any other person to store) any of the following in the Room

8.1. food or perishable goods, unless securely packed and approved by Us so that they are protected from and do not attract vermin

8.2. plants, birds, fish, animals or any other creatures

8.3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents

8.4. firearms, weapons, ammunition, explosives or the components thereof

8.5. chemicals, radioactive materials, biological agents

8.6. toxic waste, asbestos or other materials of a potentially dangerous nature

8.7. any item which emits any fumes, smell or odour

8.8. any illegal substances, illegal items or goods illegally obtained

8.9. compressed gases This is not an exhaustive list and we may add to this list of prohibited items at any time by displaying a notice at the Store.

9. You must not (and You must not allow any other person to)

9.1. use the Room or do anything at the Store or in the Room which may be a nuisance to Us or the users of any other Room or any person at the Store

9.2. do anything at the Store or in the Room which may invalidate any of our insurance policies or those of other Room users or increase the premiums payable on them

9.3. use the Room as offices or living accommodation or as a home or business address and not use the address of the Store or the Room for receiving or sending mail

9.4. spray paint or do any mechanical work of any kind in the Room

9.5. attach anything to the internal or external surfaces of the Room or make any alteration to the Room

9.6. allow any liquid, substance, smell or odour to escape from the Room or any noise to be audible or vibration to be felt outside the Room

9.7. cause any damage to the Room or any other Room or the Store or its facilities or to the property of Us or any other Room users or other persons at the Store 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

9.8. leave anything in or cause any obstruction or undue hindrance in any passageway, stairway, service area or other part of the Store 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

9.9. 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 if You fail to comply with this undertaking; or

9.10. connect or provide any utilities or services to the Room unless authorised in advance in writing by Us.

10. You must (and You shall procure that Your agents must)

10.1. use reasonable care when at the Store or in the Room and take all reasonable care in respect of the Room, the Store, and the property of Us or any other Room users or other persons at the Store

10.2. inform Us immediately of any damage or defect to the Room

10.3. comply with the reasonable directions of any of Our employees, agents and contractors at the Store and any further regulations for the use, safety and security of the Room and the Store which We may issue from time to time

10.4. pay for the reasonable cost of repairs or cleaning or making good to Your Room or Our Store, of any damage caused by You or Your agents, including but not limited to Your removal, haulage or delivery contractors.

11. This Agreement shall not confer on You any right to exclusive possession of the Room.

11.1. We may at any time, by giving You seven days’ written notice, require You to remove the Goods from the Room to another Room specified by Us, which shall not be smaller than the current Room.

11.2. We agree to pay Your reasonable costs of removal which have been approved in writing by Us in advance of the removal.

11.3. if You do not arrange the removal of Goods to the alternative Room by the date specified in Our notice, We and Our agents and contractors may enter the Room and remove the Goods. 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 21).

11.4. if the Goods are moved to an alternative Room, this Agreement will be varied by the substitution of the alternative Room number but shall otherwise continue in full force and effect and Our Fees at the rate set out herewith will continue to apply to Your Use of the alternative Room.

12. You must pay Us Our Fees for the Minimum Period of storage on acceptance by signature or otherwise of this Agreement and thereafter must pay Our Fees on the Due Date.
13. 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.
14. If You do not pay Our Fees ten days after the Due Date, You must, at Our option, pay Us an administrative charge for late payment (the “Late Charge”). Current Late Charge rates are displayed in the Store and can be seen by clicking here.
15. On each occasion any payment is dishonoured, at Our option You must pay Us an administrative charge (the “Late Charge”). Current administrative charges are displayed at the Store and can be seen by clicking here. Once a cheque has been dishonoured We may at our discretion refuse to accept further payment in this form and require settlement of Your outstanding account by cash and/or payment by standing order.
16. Additionally, You may be required to pay Us interest on all amounts overdue for payment from You at the rate of 3% above the base rate of NatWest Bank PLC, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether or not We exercise the right of sale under this Agreement.
17. You must, at Our option, pay Us the Deposit on Your acceptance, by signature or otherwise, of this Agreement. The Deposit will be returned to You (without interest) after this Agreement terminates, less any amount We may in Our sole discretion deduct to cover

17.1.1 any breach of our conditions

17.1.2 any of Our Fees which have not been paid or any unpaid removal or other charges; or

17.1.3 any other obligation to Us that You have not performed.

17.2. We reserve the right to deduct or withhold from the Deposit any sums accruing in respect of repairs or cleaning or the making good of Your breach of this Agreement or the Conditions which We consider is required as a direct or indirect result of the storage of the Goods within the Store, in order to bring the Store up to substantially the same standard and condition as it was at the Start Date and any sums accruing in respect of removal costs or any arrears of Our Fees.

17.3. We will refund the Deposit to You within 14 days of the Termination Date. Any such refund will be by company cheque No refunds will be given by cash monies.

18. 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.

18.1. the terms of this Condition are additional to and without prejudice to all or any rights We may have at common law or otherwise.

18.2. in the event of a default of the Prompt Payment of Your Debt:

18.2.1. We are relieved of any duty howsoever arising in respect of the Goods; and

18.2.2. the Goods are held solely at Your risk and We’ shall be able to immediately exercise the lien described below.

18.3. We have a lien over the Goods for Your Debt until payment of Your Debt in full has been received by Us in cash or, if by cheque, until the cheque has been paid and cleared by Your bank and after this lien becomes exercisable by Us, the following Conditions shall apply.

18.4. 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; and

18.5. in default of the Prompt Payment of Your Debt, You authorise Us.

18.5.1 to refuse You and Your agents access to the Goods, the Room and the Store;

18.5.2. to enter the Room and inspect and remove the Goods to another Room or Store;

18.5.3. to hold onto and/or ultimately dispose of some or all of the Goods.

18.6. in the event that Your Debt is not paid 30 days after the Due Date 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 to Condition

18.6.1 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.

18.7. 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.

18.8. before We sell the Goods, We will give You notice in writing by registered or recorded delivery post at Your address herewith or any address in England and Wales notified by You to Us in writing prior to Our notice, the amount of Your Debt at the date of the notice and directing You to pay and that in default of payment within 10 days of the date of the notice, We will sell the Goods. We do not agree to give You any further notice of any intended sale.

18.9. 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.

18.10. 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.

19. Because the nature and type of the Goods being stored by You from time to time is entirely within Your discretion (subject to Condition 8 and 9):

19.1. You must ensure that the Room 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 Room allocated to You is a suitable place or means of storage for any particular goods. We strongly advise You to inspect the Room before storing Goods in the Room and from time to time throughout the period of this Agreement.

19.2. You must ensure that when the Goods are presented for storage, they will be securely and properly packed and in such condition as not to cause damage or injury to the Store or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances or otherwise howsoever; in addition, the Goods will not be perishable unless Condition 8.1 applies or include any animal or other living creature.

19.3. We do not inspect the Goods when they arrive at the Store and We do not keep any records concerning, or any inventory of the Goods, nor do We have any knowledge of their nature, condition or state of repair.

19.4 All Room sizes are approximate and We accept no responsibility for their accuracy. In agreeing to our fees You accept it applies to the Room You occupy and not any Room represented.

20. In the event that You do not pay any Fees or charges, the Goods are left in the Room 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 howsoever arising.
21. We do not insure the Goods.

21.1. Storage of Goods in the Room is at Your sole risk.

21.2. You warrant to Us as follows:

21.2.1. that prior to bringing the Goods into the Store 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 at the Store; and

21.2.2. that You will provide Us with Your proof of insurance reasonably satisfcatory to us which you intend to rely on in the event of a claim and that such a requirement does not indicate that it is valid or has been approved by Us.

21.2.3. that the insurance cover will be for a minimum sum insured of £2,000 and will not be for a sum which is lower than replacement value of the Goods stored in the Room from time to time and that the insurance cover is at the same level of value as that indicated herewith.

21.3.1 We may offer You the opportunity to take out insurance using a policy available through Us.

If such insurance has been agreed to

We shall take out and maintain a contract of insurance in accordance with a Summary of Insurance document provided to You. This will provide cover for the Goods for the value stated as the full total replacement value of the Goods as new on the Cover Sheet. We do not carry out any valuation of the Goods and We are not responsible for ensuring that the full replacement value as new as stated by You in the Cover Sheet is an accurate or true valuation of the full replacement value as new of the Goods at any time. You are responsible for ensuring that insurance cover for the value of Goods insured is maintained at an adequate level throughout the period of this Agreement. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under Our insurance policy, after receipt from You of a written request to notify a claim, We will notify Our insurer promptly of the claim. For the purposes of processing any such claim, You shall provide Us, Our insurer or any of its agents appointed to investigate such claim (such as a loss adjuster) with such information and evidence as may reasonably be required in relation to the claim. We shall pay or arrange for payment to You that part of any proceeds of any claim made by Us which relates to damage or loss to the Goods after deduction of any outstanding sums due to Us from You. In the event that We make a claim under Our insurance policy in respect of loss or damage to the Goods, You acknowledge that Our liability to make any payments to You in relation to such claim is restricted to payment to You of the amount that We recover from Our insurer under Our insurance policy in relation to the Goods. Whilst We will notify claims to Our insurer, We are not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim. Nothing in this Agreement shall make or be deemed to make Us Your agent. If You fail to pay any insurance charges then any insurance cover in respect of the Goods will cease immediately from the date such charges are overdue

21.3.2 in the event that proof of insurance under clause 21.2.2 is not available or is unsatisfactory you may only store or continue to store Goods with us by taking our insurance in the minimum sum of £2,000 of cover in which event the premiums payable will become due from you as Other Charges

21.4. You may apply for such insurance, if offered by Us, by completing a separate application form.

21.5. We do not give any advice concerning such insurance and it is for You to make Your own judgement whether such insurance is appropriate to cover the Goods and risks to them.

21.6.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 £100 which we consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the Goods

21.7. Normal Perils in this Condition mean loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, escape or ingress of water or liquid substance, theft accompanied by forcible and violent entry or exit, riot. strike, civil commotion, malicious damage, impact by vehicles, moth, insect or vermin

21.8. You agree that we will not be liable for any loss or damage however arising and, in particular, that our total liability shall not in any circumstances exceed the true total value of the goods as specified by you on this agreement.

21.9. You warrant that:

21.9.1. You have stated herewith the total replacement value of all the Goods;

21.9.2. the aggregate value of the Goods stored in the Room from time to time will not exceed that value; and

21.9.3. this warranty is repeated by You to Us at each Due Date

22. 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.
23. 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 Room Users or persons at the Store which arise out of the use of the Room or the Store by You or any of Your servants, agents or invitees or arise out of the breach of this Agreement by You.
24. 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 Room or the Store 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 Room including the Room or the Store by, or arrest or seizure or confiscation of Goods by competent authorities.
25. This Agreement shall expire on the Termination Date.
26. Either You or We may terminate this Agreement:-

26.1. by giving written notice not less than the Notice Period to the other which shall be the Termination Date

26.2. immediately by giving written notice 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. 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 Room and leave the Room 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 Room or disposing of any goods or rubbish left in the Room or at the Store. 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 the Goods and they are held solely at Your risk. We may treat Goods remaining in the Room at the Termination Date as abandoned and may dispose of them in accordance with Condition 18.6 and 18.8.
28. 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 under Condition 17. 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.
29. You agree to examine the Goods carefully upon removing them from the Room and must tell Us about any loss or damage to the Goods as soon as is reasonably possible after doing so.
30. 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
31. 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.
32. 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.
33. You may not assign any of Your rights under this Agreement or part with possession of the Room or the Goods whilst they are at the Store to any other person, firm or company and a breach of this Condition is a serious breach under Condition 26.2.
34. 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.
35. This Agreement shall be governed by English law and You and We submit to the exclusive jurisdiction of the English courts.
36. This Agreement shall not create a tenancy or constitute Us as bailees of Goods.
37. Where You are two or more persons Your obligations under this Agreement shall be obligations of each of You separately.
38. Any notice given under this Agreement must be in writing and may be served by personal delivery to the person notified or its address or by pre-paid post. Your address for service of notices shall be Your address written herewith 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 (whether sole, joint, or co-owners) the name and address of whom we have been previously notified by You in writing. Any notice to Us must be sent to Our address set out herewith . A notice will be served at the time of personal delivery or forty-eight hours after it has been placed in the post.

38.1 You will inform Us in writing of any changes to Your billing details, contact details, alternative contact details, insurance details or any other details stated on this Agreement.

39. You consent to our use of the information given by You, including Your personal information, for our marketing and other purposes.
40. These terms and conditions supersede and override any and all contractual terms and conditions of the other contracting party howsoever and whenever communicated.
41. In so far as You are an Existing Customer you will be deemed to have knowledge of, and have accepted, the Terms and Conditions contained herein by paying Our Fees for two monthly payments following them being sent to You or to whom Your attention has been drawn by letter, fax or e-mail
42. 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

 

Garden Hut Storage Limited

1 July 2016