- This set of terms and conditions forms the basis of the contract between us, Henfield Hire Limited trading as Henfield Storage and you the customer. It defines and sets out the rights, obligations, and responsibilities of both you and us under this contract. It is a legally binding contract and so it is important that both parties know where they stand. It does include provisions that limit our responsibilities and potential liability to you. We specifically draw your attention to these.
- Where we use the word “you” or “your” it means the customer; “we”, “us” or “our” means us as named above. Where we use the word “Goods” this refers to the items that are the subject of this contract, or any part thereof. Where we are asked to deal with additional items at a later stage then any such additional items shall form part of the “Goods”. Where you are two or more persons each of you shall be responsible for ensuring compliance with the obligations under this contract. Where we use the word “container” this is a reference to the lockable storage box in which the Goods will be stored by us. Where we use the word “carton” this shall include any carton, bag, wardrobe, case, box &/or similar &/or any thing into which items are placed or packed but shall not, for the avoidance of doubt, include the container.
- It is important that you read and understand the terms and conditions that will apply to this contract before entering into the contract. If there is anything that you do not understand or do not wish to agree to, then please discuss it with us before entering into the contract. Only enter into this contract if you wish to be bound by the terms and conditions set out below.
- These terms shall apply to all and any services which we provide &/or agree to provide &/or agree to arrange the provision of either under this contract &/or pursuant to our “Storeaway” service, including services for which we make no charge &/or no specific charge.
- You accept and acknowledge that these terms and conditions include serious restrictions on our potential liability to you, including in circumstances where the Goods, or part of them are lost or damaged.
- Under no circumstances, whether pursuant to this contract or otherwise, shall we be deemed to be a common carrier.
Table of contents
- ownership of the goods – important note
- insurance – important note
- goods that we will not deal with under this contract
- what we will do
- the contract document
- your responsibility
- payment of our charges
- provision of services
- our liability
- what we will not be liable for
- delays in transit
- damage to items or property other than the goods
- notification to us of loss or damage
- time limit for notification of claims to us
- time limit for the bringing of any legal proceedings against us
- our right to withhold or dispose of the goods (lien)
- advice, information and the basis of agreement
- law and jurisdiction
- You hereby agree and confirm that you are either:
- the owner of the Goods; and/or
- are duly authorised by the owner or owners of the Goods to enter into this contract on these terms and conditions for and on behalf of the owner(s).
- You shall be responsible for any losses, expenses, or other costs incurred by us which are caused by:
(a) an untrue statement made by you; and/or
(b) the statement at clause 7 not being true.
- The parties to this contract agree that the Goods must be and must remain insured during the period when the Goods, or any part of the Goods, are subject to our services under this contract and/or are in our custody and/or control and/or otherwise our responsibility.
- We can arrange insurance over the Goods on your behalf. Where we arrange insurance on your behalf we reserve the right to insure the Goods in our own name, for your benefit, or to insure them in your name, acting as your agent. Any such insurance will be subject to the insurer’s terms and conditions, including those set out in the Summary of Insurance. We reserve the right to change the insurer, and if appropriate, the terms of the cover but we will not significantly alter the terms of cover.
- Any insurance arranged by us will be based on the value of Goods you have declared for the Goods. This value should represent the full open market replacement value of the Goods. We give no advice as to the value and shall not be under any liability whatsoever, even if we have been negligent, if that value proves to be inaccurate. In the absence of a declared value for the Goods we will insure the Goods for up to £2,000.
- You must furthermore declare to us in advance, by way of email to email@example.com, details of any individual item which you are submitting for storage which has a value in excess of £1000. Unless and until you do so then the value of that item, including for insurance purposes, will be agreed not to exceed £1000 and any claim in respect of the same will be dealt with on that basis.
- We will not, without specific agreement from the Operations Manager or a Director, arrange insurance for the Goods for a value in excess of £20,000. If the Goods have a value in excess of £20,000 please contact us to see if we can arrange suitable cover up to the full replacement value of the Goods. There will be an additional premium for any cover in excess of £20,000. No cover in excess of £20,000 will be agreed unless and until you agree the terms of such cover and agree to pay the full charge in respect of the insurance. Where you have declared a value in excess of £20,000 then pending any such agreement we will arrange for the Goods to be insured up to a value of £20,000.
- If you do not want us to arrange insurance over the Goods then you must arrange insurance or ensure that insurance is in place covering the Goods for the period when the Goods, or any part of the Goods, are subject to our services under this contract and/or are in our custody and/or control and/or otherwise our responsibility. Such insurance must be up to a level which represents the full open market replacement value of the Goods. You must provide us with a copy of the relevant insurance policy for approval. Of course, responsibility for ensuring that any such insurance is suitable for your needs rests with you. Unless and until we confirm that we are content with the cover you have in place we will continue to arrange insurance over the Goods, in accordance with the provisions above, and you shall continue to be responsible for the charges relating to such insurance.
- You further warrant that if the circumstances arise that would give rise to a claim under the said insurance that you will make a claim under the said insurance.
- We will happily deal with most items that you may wish to submit for transit or storage. However, we are, unable to accept any of the following types of items:
(a) Any living thing, including any animals, birds, fish and plants;
(b) Any Goods that are likely to encourage vermin or other pests or to cause infestation or contamination to the Store &/or anything within the Store;
(c) Any Goods that require a Special Licence;
(d) Any food and/or drink and any items that are particularly exposed to loss, damage or deterioration due to the effects of temperature or humidity;
(e) Any drugs;
(f) Any stolen or prohibited or illegal goods;
(g) Any goods that are potentially dangerous, explosive, combustible, are or contain Hazardous Materials or are otherwise liable to cause damage. This includes, but is not limited to, firearms, ammunition, weapons, explosives, petrol, oil, cleaning solvents, acids, paints, aerosols, gas bottles and canisters, chemicals, radioactive material, biological agents, toxic waste, asbestos or goods which emit fumes, smell or odour;
(h) jewellery, watches, trinkets, precious or semi-precious stones or metals, money, deeds, securities, stamps, coins, collections of any kindYou must not submit any such items for storage with us under this contract or at all.
- If you submit such items, whether knowingly or not then such items will fall outside the scope of the items which we have agreed to store under this contract and will not form part of the Goods. As such we will not be under any duty to take care of such items, whether under this contract or at all. As such we shall not be liable for any claims including but not limited to in respect of, relating to or caused by the nature or special properties of such items. Insofar as you, despite the above, attempt to claim against us in respect of such items then any such claim will still be subject to any defences and limitations of liability provided by these terms and conditions as if such items had formed part of the Goods. Furthermore in such circumstances you shall be responsible for and shall indemnify us on demand in respect of all and any losses, expenses, and/or other costs incurred by us or on our behalf which are caused by the special nature of the items in question, such as but not limited to clean up costs, loss &/or damage to other goods (whether owned by us or not), fines and liabilities we incur to other parties (including other customers). Furthermore, if you so deposit such items then you authorise us, in such circumstances, to treat those items as abandoned by you and authorise us to dispose of or destroy the Goods at your cost.
- We shall only remove or deliver items into any area if it is safe to do so. The decision as to whether it is safe to remove or deliver items into any particular area will rest solely with us.
- We shall:
(a) Attend at the agreed address at the agreed time and date to collect the Goods. We shall attend with a container or containers which are of a suitable size (either singularly or together) for the Goods (in terms of the agreed square footage) that you told us you would be placing in store.;
(b) Loading the Goods into the container(s).
(c) Close the container(s). Containers will have a hasp and staple so that you can padlock the container(s) shut. We shall have the option, but not the obligation of placing a security strap around any container
(d) Provide you with details of the loaded containers, including their unique identification number, in the driver’s docket;;
(e) Transport the Goods to storage;
(f) Store &/or arrange the storage of the Goods;
(g) Provide you with access to the Goods in accordance with clauses 21 to 26 and/or 28 to 30.
(h) Re-deliver the Goods to you at the end of the storage, subject to agreement being reached as to the time and place and cost for re-delivery and all charges being settled in advance.
- We are unable to provide you with access to the Goods whilst they are in the confines of the storage facility. However, we are able to provide access to the Goods, including allowing things to be added or removed from the Goods in accordance with these clauses 21 to 26 and/or 28 to 30 .
- On you giving us not less than 2 clear working days notice and on agreement being reached on:
– the Self-Store facility at which access to the Goods will be given;
– the date on which access will be given: and
– Which containers you require access to, if you have more than one container in store; .
We will transport the containerised Goods, or such containers as has been agreed, to the said Self-Store at which access will be given on or before the agreed date and will provide you with access to the same. You may inspect, add to or remove items from the Goods. We will deliver any container(s) with the padlock in place and you shall be responsible for opening the padlock.
- If items are removed &/or added you must give us notice of this and provide us with an updated written inventory You must seal any containers with a padlock If you fail to do this then we will not be required take any unlocked container into storage and you will need to arrange collection of them within a reasonable time. You must provide us with a new declared value taking account of the changes. If you do not do so then you agree that original declared value remains correct. For the avoidance of doubt the provisions of clause 36 shall also apply where you have altered the Goods.
- Access shall be solely as per the access arrangements of the agreed Self-Store, details of which are available on www.henfieldstorage.co.uk.
- Your right to access the Goods in such circumstances is limited to you &/or any person authorised by you in advance to us in writing &/or any person accompanying you. Access is provided solely for the purpose of inspecting, removing or substituting part or all of the Goods &/or adding additional items to the Goods.
- We reserve the right to request proof of identification &/or to refuse you &/or any other person entry to the agreed Self-Store at which access will be given &/or the Goods at our reasonable discretion including, but not limited to, where we consider that any person or property will be put at risk. If you are provided with a PIN to give you access then you warrant to keep such PIN safe and not to share it with any other party.
- We shall return the Goods to storage no earlier than the day following the day after the date on which it was agreed that access would be given pursuant to clause 21 above.
- Where access to the Goods is provided in accordance with clauses 21-26 above then you shall pay, in advance, a fee for the access service. The sum payable will be calculated according to the size of the container(s) involved and will be based on our standard charges for the service. Details of these charges, which may alter from time to time, can be found on our website www.henfieldstorage.co.uk
- We can, as an alternative to access as set out at clauses 21 to 26 offer you access by temporarily re-delivering the Goods to an address of your choice within 30 miles of any one of the Henfield Self Store facilities. The container(s) to be delivered together with the date, time, place and cost of any such re-delivery must be agreed in writing in advance. The agreement will specify the time allowed for unloading, inspection and re-loading of the Goods. The agreed fee, which will be individually calculated and will not be based on our standard charges, shall be payable in advance and will not be waived if you are not present at the agreed time and place.
- At any such access you will only be able to alter &/or increase the Goods insofar as our staff deem it safe and practicable to do so. For the avoidance of doubt the provisions of clause 36 shall apply where you have altered the Goods.
- At any such access you must ensure that you have sufficient people to undertake any unloading, loading and reloading of the Goods. If items are removed &/or added you must give us notice of this and provide us with an updated written inventory. You must seal any container with a padlock. If you fail to do this then we will not be required take any items into storage/ back into storage. You must provide us with a new declared value taking account of the changes. If you do not do so then you agree that original declared value remains correct.
- You are not obliged to access the Goods whilst they are in storage &/or to alter what is in store. The Goods can remain in store without you seeking access.
- The contract will be formed once you sign, accept and return our Storeaway agreement . This will form a legally binding contract between you and us. If you attempt to book our services in any other way we shall have the option, but not the obligation, to accept the formation of the contract. Any contract, howsoever formed, will be subject to these terms and conditions. You should only sign and return the agreement if you are happy with the service offered and wish to enter into a legally binding contract on these terms and conditions
- If you make an amendment to the agreement which you send to us or if the document is not complete &/or is not signed we will have the option, but not the obligation, to accept the documentation and to form a contract subject to the amendment. However, any such contract will still be subject to these terms and conditions. Where we do not accept the purported acceptance, we shall also have the option to reject the alterations and not undertake the services for you, or to re-quote for the services subject to your proposed amendments.
- For the avoidance of doubt the following matters or circumstances have not, unless otherwise agreed in writing, been taken into account or included in agreeing the price of the services:
(a) The services not commencing, other than because of our breach, within 1month of payment of the initial payment;
(b) The work being undertaken on a weekend or public holiday;
(c) Collection or delivery other than to the ground floor of a property;
(d) The Goods exceeding the space allocation made for them, as set out in the Storeaway agreement;
(e) Removal, carriage, storage or other services being provided in respect of extra items which exceed the space requirement indicated in the Storeaway agreement;
(f) Provision of extra services;
(g) Any costs, charges or fees that are incurred, including parking fees and permits, in undertaking the contract;
(h) Any properties involved not having proper and/or adequate access. This includes, but is not limited to, not being able to park within 20 metres of the door to the property, the access being unsuitable for our vehicles or the property being inadequate for the free and easy movement of the Goods, or any part thereof, into and within the property;
(h) Changes to our costs due to changes in taxation, including but not limited to VAT, or freight charges which are beyond our reasonable control;
(i) Delays occurring for reasons that are outside our reasonable control;
(j) You not providing suitable padlocks in accordance with clause 37(e).
- If the services include any of the matters set out at clause 34, and the price was not adjusted to take these into account, then you will pay to us the extra costs and expenses incurred because of the effect of those matters. If you are not happy with the proposed increased charges then you have the option of cancelling the contract.
- You shall be responsible for ensuring that the Goods, or any part of them, are suitable for containerised storage. If, in our reasonable opinion, the Goods are not suitable for containerised storage then we shall have the option of refusing to take part or all of them into storage. In such circumstances we shall be under no obligation to store that part of the Goods. However, we will have the option but not the obligation of offering you a licence so that you can store that part of the Goods at one of our Self-store facilities. You are not obliged to accept any such offer but if you do any arrangement will then be under a separate Self-store contract (which will replace this contract in respect of the portion of the Goods which you place into self-storage) and will be subject to our self-storage pricing and out self-storage terms and conditions, which are available on our website, www.Henfieldstorage.co.uk, and which can also be provided to you on request.
- Whilst we have many responsibilities under this contract there are some matters that you must be responsible for. These are:
- Declaring the value of the Goods, including making any specific declarations for items worth in excess of £1000 as provided for in clause 12;
- Being present, either yourself or through a representative, throughout collection and/or delivery of the Goods &/or when the Goods (including any part thereof) are to be inspected &/or altered in any way (including by addition, withdrawal &/or substitution).;
- Accurately estimating the amount of storage that you will require, in square feet. (Our website provides some guidance on this). This allows us to accurately estimate the area of storage that will be required and to price the storage accordingly. This information will allow us to work out the correct container and/or selection of containers for you;
- Preparing the Goods for transit and storage, including but not limited to packing the Goods into suitable cartons and packing them so that the Goods are fit to survive the rigours of handling, transit and storage, including by using suitable protection and packing materials. Emptying and defrosting any fridges or freezers which are to go into store.
- Providing suitable and robust padlocks (one for each container to be used). If you fail to provide a padlock or sufficient padlocks we may be able to provide you with a padlock or padlocks, However we will charge you for any padlocks we provide. Once the containers have been padlocked you shall be responsible for the safe-keeping of all and any keys and for ensuring that the padlocks can be opened when necessary;
- Providing us with accurate information (by way of an inventory) as to what is to be placed into storage. Unless otherwise agreed this must be provided in writing to us, preferably by email, prior to collection of the Goods;
- Checking and signing the driver’s docket on collection of the container(s);
- Ensuring that on any occasion when we collect &/or deliver the Goods, including to allow you access in accordance with clauses 21 to 26 and/or 28 to 30 there are sufficient people as are required &/or has been agreed to load &/or unload the Goods;
- Ensuring that the Goods are available with good access, where the collecting vehicle can legally park within 20 metres of where the Goods are located and where the Goods are not located higher than the ground floor of any building;
(j) Checking that all the Goods are both collected and delivered. This includes, where only part of the Goods, are to be delivered or collected checking that the correct part of the Goods is delivered &/or collected and that nothing that is not meant to be collected &/or delivered has been collected &/or delivered;
(k) Checking that nothing is collected and/or delivered in error;
(l) Preparing the property and/or the Goods;
(m) Arranging proper security and protection for the Goods or any part thereof that will be left in premises which will be unattended or to which third parties may have access either prior to collection or following delivery.
- You must, before the commencement of the performance of the contract, provide us with a contact address and contact details for you and a second contact which we can use if we need to contact you. If these details change you must inform us. If we contact you in writing, including by e-mail, using the details you have provided then that shall be conclusive evidence that you received the communication from us.
- You shall be responsible for, and shall indemnify us on demand in respect of, any losses, expenses and/or other costs incurred by us arising from your failure to attend to any of the matters set out at clauses 37 & 38 other than when the same is caused by our negligence. This shall include paying any parking fines or similar which are incurred. Furthermore, if on any attendance, be it a collection, access or delivery of the Goods, you are in breach of any of the provisions of clause 37 we shall have the option, but not the obligation, to cancel the collection, access or delivery and to return the Goods to storage. In such circumstances you will remain responsible for the fees relating to that service. Also, where we agree that you can drop off the Goods at a Self-Store or other facility but where you are in breach of any of the relevant provisions of clause 37 above (namely those that relate to the drop off of the Goods) we shall have the option, but not the obligation, of taking them into storage under the terms of this contract &/or providing you with space within the Self-Store facility. If the Goods remain, in such circumstances, in the Self-Store facility then this contract will become subject to our Self-Storage Terms and Conditions (in substitution to these terms) and you will be charged in accordance with our Self-Store pricing applicable at the time for the Self-Store in question. We will provide you with written notice of this. If you do not wish to utilise Self-Store in this manner, then you must inform us in writing within 28 days to let us know and to arrange with us the delivery of the Goods back to you.
- Unless we agree otherwise in writing the following is the basis on which our charges are to be paid.
(a) In respect of sums payable in advance, including the initial payment and any deposit, you will pay these sums, at the agreed rate, not less than one week prior to the commencement of any works or services. This term is important to the contract and unless we are paid with cleared funds prior to this date we shall have the option to treat the contracted services as cancelled.
(b) You will pay all storage charges one month in advance and all and any other charges, unless otherwise agreed, prior to the provision of the service to which they relate
(c) You will pay any other charges or monies that become due or payable under this contract within 14 days of us sending you an invoice or request for the same.
(d) Time of payment shall be of the essence to the contract.
(e) If a payment is not made on time and in accordance with the terms of this contract we reserve the right to raise an administration fee of£20 for each missed &/or late payment
(f) If you pay our charges by way of a cheque and that cheque is not honoured we reserve the right to raise an administration fee of £12 for each dishonoured cheque.
- Other than where you are a consumer all sums which are due must be paid in full without deduction or set-off for any reason whatsoever and furthermore the Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply. In all cases where the Act does not apply, whether you are a consumer or not, interest shall accrue, and you shall pay it on all overdue or outstanding monies at a rate of 4% above the base rate of the Bank of England.
- We reserve the right to review our storage charges periodically. We will inform you of any change in the applicable rates by giving you notice in writing not less than 40 days before the change in rates. If you do not wish to accept the increased charges you must give us notice not less than 14 days before the increased charges come into effect that you wish to end the contract and arrange re-delivery &/or return of the Goods.
- We will undertake all works and services under this contract with professional care and skill and taking reasonable account of all the circumstances. However, we specifically reserve the right to undertake the works or services in a manner that we think is appropriate including:
(a) sub-contracting all or part of the works and /or services;
(b) using such vehicles, containers and methods of transport and/or storage and/or packing as we believe are appropriate. This shall include but not be limited to being able to store the Goods in any warehouse &/or storage facility as we think appropriate. We make no warranty as to where or in which store the Goods will be stored.
(c) We give no warranty or undertaking that access to the Goods can be provided at any particular Self Store or location at any particular time.
- Where we utilise the services of any sub-contractor &/or other party in the provision of our services under this contract then these terms will, for the avoidance of doubt, continue to apply between us and you. However, these terms shall also apply to any legal relationship which you have with that sub-contractor &/or other party.
- This does not however affect our responsibilities under this contract to take care of your Goods and to provide the services within the appropriate timescales.
- Under no circumstances whatsoever shall we be liable to you at all, including in respect of loss of, damage to, deterioration of, seizure of, or confiscation of the Goods or any part of them or in respect of any other losses you may suffer other than where we have been negligent and the said losses flow directly from that negligence.
- Where a container was sealed on loading with a padlock &/or a security strap and remains sealed with that padlock &/or security strap when produced for delivery to you this shall give rise to a presumption that all of the items that should be in the said container were in the container at the time of delivery and that accordingly no items were missing from the container at the time of delivery. If you wish to rebut this presumption you will need to produce clear evidence to show that the container was tampered with &/or opened prior to delivery to you.
- Where a container is produced for delivery to you and there are no external signs of impact damage on the container then this shall give rise to a presumption that any damage that is alleged to have been suffered was not caused by any negligence on our part and as such we will not be responsible for the same. If you wish to rebut this presumption you will need to produce clear evidence to show that the damage was caused by negligence on our part.
- If we breach this contract such that it would amount to us being in breach of any of sections 49-52 of the Consumer Rights Act 2015, then we will reduce &/or repay you an appropriate amount of the contract price.
- Where any item forms part of a pair or set we shall not be liable for more than the value of that particular item, without reference to any special value which such item may have as part of a pair or set.
- We shall not under any circumstances be responsible or liable for any consequential or indirect losses, including but not limited to loss of profits, loss of market, diminution in value following any repair or lost opportunity.
- Under no circumstances shall our liability, howsoever arising, in respect of any single item which has been lost, damaged, has deteriorated, been confiscated or seized exceed £40. For the avoidance of doubt where goods have been packed in a carton (as per the earlier definition) then our liability shall be limited to £40 for the carton(as per the earlier definition) including the things in it.
- Furthermore, and in addition to the above under no circumstances shall our total liability under this contract, howsoever arising, exceed the value which you originally declared for the Goods or, in the absence of such a declaration, £10,000
- These sums shall be in addition to any sum payable under clause  and these limitations shall not affect or alter our responsibility to pay any sums due to you under clause 49.
- Nothing in these conditions shall exclude or limit our liability for death or personal injury resulting from our negligence.
- No employee of ours shall be separately liable to you for any matter which amounts to a breach of this contract.
- If the collection or delivery of the Goods is delayed we will, if the delay arises from our negligence, pay your reasonable expenses that arise as a result of the delay.
- Under no circumstances shall our liability for delay exceed a total of £50.
- Other than as set out in clauses 57 and 58 we shall not be responsible and shall not have to indemnify or compensate you in respect of any costs or losses of whatsoever nature arising from delay. These sums shall be in addition to any sum payable under clause 49 and these limitations shall not affect or alter our responsibility to pay any sums due to you under clause 49.
- If we are unable to deliver the Goods we may return them to store. Any such further storage will be provided in accordance with these terms and conditions. Furthermore, other than where the inability to deliver arises from our negligence, such storage shall be at your expense. Where the inability to deliver arises from our negligence then you will assist us in arranging a new delivery within a reasonable time. If such a redelivery cannot be made within a reasonable time then any further storage will be at your expense.
- We shall only be liable for damage to premises or property other than the Goods , where such damage arises due to our negligence and any losses flow directly from that negligence. We shall not be liable for any such damage, even where we are negligent, where it is a result of moving the Goods under your express instructions.
- Where damage to premises or property other than the Goods, does occur you must inform us immediately and note the damage on the worksheet or delivery receipt. In the absence of such notification we will not be liable for any claim for damage subsequently made.
- Our liability for damage to premises or property other than the Goods shall at all times be subject to the limitation of liability provided at clause 53.
- When we deliver the Goods you must notify us of any visible loss, damage or failure to produce any Goods at the time of delivery. This should be noted on the worksheet or delivery receipt.
- In any other case You must notify us of any visible loss, damage or failure to produce any Goods at the time when you, or your representative, take possession of the Goods. This should be noted on the worksheet or delivery receipt.
- Claims for partial loss of or damage to Goods must be notified to us in writing whether the Goods were unpacked or not, within 7 days of delivery of the Goods. In a case of total loss or non-delivery of all of the Goods the claim must be notified within 7 days of the anticipated delivery date, or of when you were informed of the loss, whichever is the earlier. In all cases these time limits will apply unless a time extension is requested by you, within the 7 day period, and such extension is agreed by us in writing. We will not unreasonably refuse to grant such an extension of time.
- We shall be discharged of all and any liability whatsoever and howsoever arising in respect of any claim arising out
of the performance or non-performance of this contract unless suit is brought and written notice of the same is given to us in writing within 12 months of:
- a) In cases of partial loss and/or damage and/or deterioration the earlier of delivery or when we informed you that there had been a loss and/or damage and/or deterioration had occurred;
- b) In cases of total loss or destruction, including cases where Goods cannot be located, the earlier of the proposed date of delivery or when we informed you that there had been a loss of the Goods or that they could not be located; and
- c) In all other cases the date on which the event or occurrence alleged to give rise to the said claim occurred.
- We may keep hold of all or some of your goods until you have paid all the charges you owe us, even if the unpaid charges do not relate to those Goods. This shall include Goods belonging to a third party where you have been authorised to deal with those Goods on their behalf and where all or part of the outstanding charges relate to those Goods. Furthermore where we hold Goods pursuant to this clause charges, including storage charges, shall continue to accrue.
- Furthermore we may sell all or some of the Goods (at our absolute discretion) to recover any unpaid charges. We can only do this after giving you 14 days written notice that we intend to do so. If we do sell any of the Goods, and the proceeds from the sale are greater than the amount you owe us, we will pay you any excess amount after deducting the cost of selling the Goods.
- If the Goods, or any part of them, cannot, in our sole opinion, be economically sold or they remain unsold despite our efforts to sell them then you authorise us, in such circumstances, to treat the Goods as abandoned by you and authorise us to dispose of or destroy the Goods at your cost.
- In this document we set out the terms and conditions of the contract between us. These contract terms with the Storeaway agreement form the entirety of the contract between us and supersedes any representations, promises or claims, howsoever made, about the subject contract and the services to be provided.
- This contract shall be subject to English law and any disputes shall be subject to the exclusive jurisdiction of the English Courts.
- We reserve the right to terminate the storage contract by giving you not less than 14 days notice in writing. If the Goods have not been collected by you, or on your behalf, or delivered to you or to your order, by the time the storage contract terminates then the Goods will thereafter only be held entirely at your risk and we will have no liability in respect of the same. In such circumstances you authorise us to treat the Goods as abandoned by you and authorise us to dispose of or destroy the Goods at your cost.
- Subject always to a minimum term of 3 months if you wish to terminate the storage contract you may do so by giving us not less than 14 days notice in writing.
- In either case storage charges will then be payable up to the end of the notice period or the date on which the Goods are removed, whichever is the later. All charges must be paid up to date before the Goods can be released. Once the charges are paid we will endeavour to release or deliver the Goods at a time that is convenient to you. If the goods are not removed by the agreed date, the charges will thereafter increase by 50%.
- In the event that circumstances and their consequences arise which are outside our reasonable control, we shall not be obliged to maintain the safety or security of the Goods or 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 premises we use by, or arrest or seizure or confiscation of Goods by, competent authorities.
- 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.
- You may not assign any of your rights under this contract or part with ownership of the Goods whilst they are in our control, custody or possession to any other person, firm or company and breach of this condition shall be treated by the parties as a serious breach of the contract.