fbpx

Self storage made easy

Call us for a quote 01209 310 760

Dash Selfstore licence Agreement

Below are is a copy of the licence agreement for storing at Dash Selfstore

Terms and Conditions of a Licence to Store Goods

Definitions

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

Access Hours the hours We permit access to the Unit.
This Agreement These terms and conditions and the information set out 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 Condition 26.
The Goods anything You store in the Unit at any time during this Agreement.
Normal Perils 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 of any kind.
Notice Days 7 days.
Our Fees the amount specified in Your invoice for each period based on the amount specified in the cover sheet plus VAT.
Prompt Payment In respect of payment of each and every sum due under this Agreement, payment on the Due Date or within two working days afterwards, and in respect of any sum being
due under any other agreement between You and Us, payment within seven days of that sum being demanded in writing.
Site The premises on which the Unit is situated.
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 Condition 11.
We, Us, Our, Facility Owner, FO The storage provider named in the cover sheet.
You, Your The customer named in the cover sheet.

 

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 You use and not any Unit represented.

Conditions of Agreement

Facility Owner: Dash Logistic Services (7909270) trading as Dash Self Store of Unit 2, Barncoose Industrial Estate, Redruth,

Cornwall, TR15 3RQ (FO)

STORAGE:

1. So long as all fees are paid up to date, Storer: (a) is licensed to store Goods in the

Unit allocated to Storer by FO from time to time and only in that Unit; (b) is deemed to

have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the

Goods in the Unit and/or entitled at law to deal with them in accordance with all

aspects of this Agreement as agent for the owner.

2. FO: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is

not a bailee or a custodian nor a warehouseman of the Goods and Storer acknowledges

that FO does not take possession of the Goods; and (c) does not grant any lease or

tenancy of the Unit.

COST:

3. Storer must pay the Deposit on signing this Agreement. The Deposit (or the balance

of it after any appropriate deductions for unpaid Fees, repairs, cleaning or other charges

to put right any breach of this Agreement by Storer) will be refunded by cheque or

electronic transfer within 21 days of termination of this Agreement.

4. Storer is responsible to pay: (a) the Storage Fee (being the amount set out in the

cover sheet or as most recently notified to Storer by FO) payable in advance on the first

day of each storage period (Due Date) and it is Storer’s responsibility to see that

payment is made directly to FO on time and in full throughout the period of storage. FO

does not normally bill for fees. Any Storage Fees paid by direct transfer will not be

credited to Storer’s account unless the Storer identifies the payment clearly and as

directed by FO and FO shall have no liability to and shall be indemnified by Storer if

FO takes steps to enforce the Agreement (including the sale of Goods) due to the

Storer’s failure to identify a payment. FO will not accept that payment has been made

until it has received cleared funds and, if any payment is later dishonoured, may charge

the Cheque Return Fee; (b) the Cleaning Fee or charges for repairs, to be invoiced at

FO’s discretion as per clause 19; (c) a Late Payment Fee each time a payment is late; (d)

any costs incurred by the FO in collecting late or unpaid Storage Fees, or in enforcing

this Agreement in any way, including but not limited to postal, telephone, unit

inventory, debt collection, personnel and/or default action costs and associated legal

and professional fees; and (e) any government taxes or charges (including any value

added tax) levied on any supplies made under this Agreement. Where Storer has more

than one agreement with FO, all will form one account with FO and FO may in its sole

discretion elect to apply any payment made by or on behalf of Storer on this agreement

against the oldest Debt due from Storer to FO on any agreement in the account.

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:

5. FO takes the issue of prompt payment very seriously and has a right of lien.

Regardless of Condition 35, if any sum owing to FO is not paid when due, Storer

authorises FO without further notice to: (a) refuse Storer and its agents access to the

Goods, the Unit and the Facility and overlock the Unit until the amount due and other

fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or

remove the Goods to another unit or site and to charge Storer for all reasonable costs of

doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if

insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all

of the Goods in accordance with Condition 7. Storer acknowledges that (a) FO shall be

entitled to continue to charge for storage from the date the Debt becomes due until

payment is made in full or the Goods are sold or disposed of; (b) FO will sell the Goods

as if FO was the owner and will pass all rights of ownership in the Goods to the buyer;

and (c) if Storer does not pay fees on the Due Date, the value of any discounts and

special offers (including periods of free storage) which Storer has received will be

payable by Storer in full.

6. On expiry or termination of this Agreement, if Storer fails to remove all Goods from

the Unit, FO is authorised to treat the Goods as abandoned and may sell or dispose of

all Goods by any means in accordance with Conditions 7 to 9. Storer is liable for

Storage Fees for the period from abandonment to the sale or disposal of the Goods

together with any costs of disposal (Debt).

7. Before FO sells or disposes of the Goods, it will give Storer notice in writing

directing Storer to pay (if Storer is in default) or collect the Goods (if they are deemed

abandoned). This notice will be sent by registered or recorded delivery to the address

last notified by Storer to FO in writing or by email only if you have elected not to

receive traditional mail. If no address within the UK has been provided, FO will use

any land or email address it holds for Storer and any ACP. If Storer fails to pay the Debt

and/or collect the Goods (as appropriate) FO will access your space and begin the

process to sell or dispose of the Goods. Storer consents to and authorises the sale or

disposal of all Goods without further notice regardless of their nature or value. FO will

sell the Goods for the best price reasonably available in the open market, taking into

account the costs of sale. FO may also require payment of default action costs,

including any costs associated with accessing the Unit and disposal or sale of the

Goods, which shall be added to the Debt.

8. Sale proceeds will be applied first against the cost of removal and sale of Goods and

second to pay the Debt. If sale proceeds do not discharge all of these costs and the

Debt, Storer must pay FO the balance within 7 days of a written demand from FO. FO

may take action to recover the balance and any legal and administration costs incurred

in doing so. If sale proceeds exceed the amount due from Storer, FO will hold the

balance for Storer but no interest will accrue on it.

9. If, in the opinion of FO and entirely at the discretion of FO, a defaulting Storer’s

Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient

value to warrant the expense of attempting to sell, Storer authorises FO to treat the

Goods as abandoned and FO may dispose of all Goods by any means at Storer’s cost.

FO may dispose of Storer’s Goods in the event that Goods are damaged due to fire,

flood or other event that has rendered them, in the opinion of the FO, severely

damaged, of no commercial value, or dangerous to persons or property. FO does not

need the prior approval of Storer to take this action but will send Notice to Storer

within 7 days of assessing the goods

10. Any items left unattended in common areas or outside the Storer’s Unit at any time

may at FO’s discretion be moved, sold or disposed of immediately with no liability to

FO.

ACCESS:

11. Storer has the right to access the Unit during Access Hours as posted by FO and

subject to the terms of this Agreement. FO will try to provide advance warning of

changes to Access Hours by notice at the Facility but reserves the right to change Access

Hours temporarily to other reasonable times without giving prior notice.

12. Only Storer or others authorised or accompanied by Storer (its Agents) may access

the Unit. Storer is responsible for and liable to FO and other users of the Facility for its

own actions and those of its Agents. FO may (but is not obliged to) require proof of

identity from Storer or any other person at any time and, at FO’s sole discretion, may

refuse access to any person who is unable to produce satisfactory proof.

13. FO may refuse Storer access to the Unit and/or the Facility where moneys are owing

by Storer to FO, whether or not a formal demand for payment has been made, or if FO

considers the safety or security of any person, unit or goods on or at the Facility has been

threatened or may be put at risk.

14. Storer should not leave a key with or permit access to the Unit to any person other

than its own Agent who is responsible to Storer and subject to its control. If Storer does

so, it does so at its own risk.

15. Storer authorises FO and its agents and contractors to enter the Unit in the following

circumstances and to break the lock if reasonably necessary to gain entry: (a) on not less

than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other

part of the Facility; (b) without prior notice (but with notice as soon as practicable after

the event) in the event of an emergency (including for repair or alteration) or to prevent

injury or damage to persons or property; or if FO believes the Unit is being used to store

prohibited goods or for a prohibited purpose; or if FO is obliged to do so by law, by the

Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority

or by a Court Order; or to relocate the Goods or exercise FO’s lien or power of sale or

disposal in accordance with this Agreement.

CONDITIONS:

16. Storer will be solely responsible for providing a secure padlock for the Unit and

ensuring it is locked so as to be secure from unauthorised entry at all times when the

Storer is not in the Unit. FO will not be responsible for locking any unlocked Unit. Storer

is not permitted to apply a padlock to the Unit in FO’s overlocking position and FO may

have any such padlock forcefully cut off at Storer’s expense. Where applicable, Storer will

secure the external gates and/or doors of the Facility.

17. Storer must not store (or allow any other person to store) any of the following in the

Unit: (a) food or perishable goods unless securely packed so they are protected from and

do not attract vermin; (b) any living creatures; (c) combustible or flammable substances

such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms,

explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological

agents; toxic waste, asbestos or other potentially hazardous substances; (f) any item that

emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such

as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such

as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); (h) goods which are

environmentally harmful or that are a risk to the property of any person; and (i) items

which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works

of art and items of personal sentimental value. Storer will be liable under Condition 28

for any breach of this Condition 17.

18. Storer will use the Unit solely for the purpose of storage and shall not (or allow any

other person to): (a) use the Unit as offices or living accommodation or as a home,

business or mailing address; (b) use or do anything at the Facility or in the Unit which

may be a nuisance to FO or any other person (including the escape of any substance or

odour from or generation of noise or vibration which may be heard or felt outside the

Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase

premiums under any insurance policies of FO or any other person; (d) paint or make

alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect

or provide any utilities or services to the Unit unless authorised by FO; or (f) cause

damage to the Unit or any part of the Facility (which includes by removal, haulage or

delivery contractors) or create any obstruction or leave items or refuse in any common

space within the Facility.

19. Storer must maintain the Unit by ensuring it is clean and in a state of good repair. In

the event of uncleanliness of or damage to the Unit or Facility, FO will be entitled to

retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement from the

Storer of the reasonable costs of repairs, replacement, restoration, proper compensation or

disposal of refuse.

20. Storer must (and ensure that its Agents) use reasonable care on site and have respect

for the Facility and other unit users, inform FO of any damage or defect immediately it is

discovered and comply with the reasonable directions of FO’s employees, agents and

contractors and any other regulations for the use, safety and security of the Facility as FO

shall issue periodically.

21. This Agreement does not confer on Storer any right to exclusive possession of the

Unit and FO reserves the right to relocate Storer to another Unit not smaller than the

current Unit (a) by giving 14 day’s notice during which the Storer can elect to terminate

their agreement under Condition 35 or (b) on shorter notice if an incident occurs that

requires the Unit or section where it is located to be closed or sealed off. In these

circumstances, FO will pay Storer’s reasonable costs of removal if approved in writing by

FO in advance of removal. If Storer does not arrange removal by the date specified in FO’s

notice, then Storer authorises FO and its agents to enter Unit acting as Storer’s agents and

at Storer’s risk (except for damage caused wilfully or negligently which is subject to the

limitations in Condition 26) remove the goods. Following removal this agreement will be

varied by substitution of the new Unit number but otherwise continues in full force and

effect at the rate in force for the original Unit at the time of the removal.

22. Storer must ensure the Unit is suitable for the storage of the Goods intended to be

stored in it and is advised to inspect the Unit before storing Goods and periodically during

the storage period. FO makes no warranty or representation that any unit is suitable for

any particular goods and accepts no liability in this regard.

23. FO may refuse to permit Storer to store any Goods or require Storer to collect any

Goods if in its opinion storage of such Goods creates a risk to the safety of any person or

property.

24. Storer must give Notice to the FO in writing of the change of address, phone numbers

or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of

any change. Storer agrees FO is entitled to discuss any default by the Storer with the ACP

registered on the front of this Agreement.

RISK AND RESPONSIBILITY:

25. FO will not be liable for any loss or damages suffered by Storer resulting from an

inability to access the Facility or the Unit, regardless of the cause.

26. The Goods are stored at the sole risk and responsibility of Storer who shall be

responsible for and bear the risk of any and all theft, damage to, and deterioration of

the Goods caused by any reason other than caused by our negligence or breach of

contract’. FO excludes all liability in respect of loss or damage to (a) Storer’s business,

if any, including consequential loss, lost profits or business interruption; and (b)

Goods above the sum of £100, which FO considers to be the normal excess on a

standard household policy whether or not that policy would cover the Goods. FO

does not exclude liability for physical injury to or the death of any person and which

is a direct result of negligence or wilful default on the part of FO, its agents and/or

employees.

27. FO does not insure the Goods and it is a condition of this Agreement that the

Goods remain insured at all times while they are in storage against all Normal Perils

for their Replacement Value (as set out on the cover sheet). Storer warrants that such

cover is in place, that it will not allow or cause such cover to lapse and that the

aggregate value of Goods in the Unit from time to time will not exceed the

Replacement Value. FO does not give any advice concerning insurance cover given

by any policy and Storer must make its own judgment as to adequacy of cover even

when facilitated by the FO. Inspection of any insurance documents provided by

Storer to demonstrate cover does not mean FO has approved the cover or confirmed it

is sufficient.

28. Storer will be liable for and compensate FO for the full amount of all claims,

liabilities, demands, damages, costs and expenses (including any reasonably incurred

legal and professional fees) incurred by FO or third parties (Liabilities) resulting from

or incidental to (a) the use of the Unit (including but not limited to the ownership or

storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or

(b) breach of this Agreement by Storer or any of its Agents or (c) enforcement of any

of the terms of this Agreement.

29. Storer acknowledges and agrees to comply with this Agreement and all relevant

laws and regulations as are or may be applicable to the use of the Unit. This includes

laws relating to the material which is stored and the manner in which it is stored.

Liability for any and all breach of such laws rests absolutely with Storer, and includes

any and all Liabilities resulting from such a breach.

30. If FO has reason to believe that Storer is not complying with all relevant laws FO

may take any action it believes to be necessary, including but not limited to the action

outlined in Conditions 15 and 35, contacting, cooperating with and/or submitting

Goods to the relevant authorities, and/or immediately disposing of or removing the

Goods at Storer’s expense. Storer agrees that FO may take such action at any time

even though FO could have acted earlier.

31. In respect of circumstances outside FO’s reasonable control, FO shall have no

liability under or be considered to be in breach of this Agreement for any delay or

failure in performance of its obligations under this Agreement or any resulting loss or

damage to Goods. Such circumstances include any Act of God, riot, strike or lockout,

trade dispute or labour disturbance, accident, breakdown of plant or machinery,

fire, flood, shortage of labour, materials or transport, electrical power failures, threat

of or actual terrorism or environmental or health emergency or hazard, or entry into

any unit including the Unit or the Facility by, or arrest or seizure or confiscation of

Goods by, competent authorities. If this happens, FO will not be responsible for

failing to allow access to the Goods, Unit and/or the Facility for so long as the

circumstances continue. FO will try to minimise any effects arising from such

circumstances.

PERSONAL INFORMATION

32. FO collects information about Storer on registration and whilst this Agreement

continues, including personal data (Data). FO processes Data in accordance with the

Data Protection Act 1998 and uses it to process payments, communicate with Storer

and generally maintain Storer’s account. FO may share Data with, and collect Data

from, credit reference or fraud prevention agencies and trade associations of which

FO is a member. If Storer applies for FO’s insurance, FO will pass Data on to the

insurer, who may enter such Data onto a register of claims shared with other insurers

to prevent fraudulent claims. FO will release Data and other account details at any

time if it considers in its sole discretion this 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 Facility, (f) if FO considers the security of any unit at the Facility or its contents

may otherwise be put at risk. Also, if FO sells or buys any business or assets, it may

disclose Data and account details to the prospective seller or buyer of such business

or assets or if substantially all of FO’s assets are acquired by a third party, Data and

account details will be one of the transferred assets. Individuals have the right to

request a copy of the information that FO holds on them and requests should be

emailed or sent to the addresses on the cover sheet. A small charge may be made for

this service.

33. If Storer agrees, FO will use Data for marketing and like purposes, including to

provide Storer with information on products or services provided by FO and/or its

business partners in response to requests from Storer or if FO believes they may be of

interest. Storer’s choice with regard to the relevant use of Data is indicated in the

cover sheet.

NOTICE :

34. Notices to be given by FO or Storer must be in writing and must either be

delivered by hand or sent by pre-paid post. FO may also give Notice to Storer by

SMS or email if Storer has elected to receive correspondence this way. Notices shall

be deemed received at the time of delivery by hand, one hour after sending by email

or SMS or 48 hours after posting. Notices from FO to Storer will be sent to the

address on the cover sheet or the most recent address in England notified to FO. In the

event of not being able to contact the Storer at the last notified address or other

contact including SMS or email, Notice is deemed to have been given to Storer if FO

serves that Notice on the ACP as identified on the front of this Agreement at the last

notified address or other contact including SMS or email of the ACP. Any notice from

Storer must be sent to the FO at the address on the cover sheet. In the event that there

is more than one Storer, Notice to or by any single Storer is agreed to be sufficient

for the purposes of any Notice requirement under this Agreement.

TERMINATION:

35. Either party may terminate this Agreement by giving the other party Notice of the

Termination Date in accordance with period indicated on the cover sheet ending on

any Due Date. In the event of illegal or environmentally harmful activities on the part

of the Storer or a breach of this Agreement (which, if it can be put right, Storer has

failed to put right within 14 days of notice from FO to do so), FO may terminate the

Agreement immediately by Notice. FO is entitled to retain from the Deposit, or make

a charge for, apportioned Storage Fees if less than the requisite Notice is given by

Storer. Storer must remove all Goods in the Unit before the close of business on the

Termination Date and leave the Unit in a clean condition and in a good state of repair

to the satisfaction of the FO. In the event that Goods and/or refuse are left in the Unit

after the Termination Date, Conditions 6 and 19 will apply. Storer must pay any

outstanding Storage Fees and any expenses on default or any other moneys owed to

FO up to the Termination Date, or Conditions 5 to 9 may apply. Any calculation of

the outstanding fees will be by FO. If FO enters the Unit for any reason and there are

no Goods stored in it, FO may terminate the Agreement without giving prior Notice

but will send Notice to Storer within 7 days.

36. Storer agrees to examine the Goods carefully on removal from the Unit and must

notify FO of any loss or damage to the Goods as soon as is reasonably possible after

doing so.

37. Liability for outstanding moneys, property damage, personal injury,

environmental damage and legal responsibility under this Agreement continues to run

beyond the termination of this Agreement.

GENERAL:

38. FO may vary the Storage Fee or other terms of this Agreement and add new terms

and conditions as long as such modifications are notified to Storer in writing. The

modified terms will take effect on the first Due Date occurring not less than 28 days

after the date of FO’s notice. Storer may terminate without charge before the change

takes effect by giving notice in accordance with Condition 35. Otherwise, Storer’s

continued use of the Unit will be considered as acceptance of and agreement to the

amended terms.

39. Storer acknowledges and agrees that :(a) the terms of this document constitute the

whole contract with FO and, in entering this contract, Storer relies upon no

representations, oral or otherwise, other than those contained in this Agreement; (b) it

has raised all queries relevant to its decision to enter this Agreement with FO and FO

has, prior to the Storer entering into this Agreement, answered all such queries to the

satisfaction of Storer; (c) any matters resulting from such queries have, to the extent

required by Storer and agreed to by FO, been reduced to writing and incorporated into

the terms of this Agreement; (d) if FO decides not to exercise or enforce any right that

it has against Storer at a particular time, then this does not prevent FO from later

deciding to exercise or enforce that right unless FO tells Storer in writing that FO has

waived or given up its ability to do so; (e) it is not intended that anyone other than

Storer and FO will have any rights under this Agreement and accordingly the

Contracts (Rights of Third Parties) Act 1999 shall not apply to it; (f) 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; (g) Storer may not assign or transfer any of its rights under this

Agreement or part with possession of the Unit or Goods whilst they are in the

Facility; and (h) where Storer consists of two or more persons each person takes on

the obligations under this Agreement separately.

40. This Agreement shall be governed by English law and any dispute or claim that

either party brings will be decided by the Courts of England and Wales. The parties

must endeavour to settle any dispute in connection with this Agreement by mediation.

Such mediation is to be conducted by a mediator who is independent of the parties

and appointed by agreement of the parties. It is a condition precedent to the right of

either party to commence arbitration or litigation other than for emergency

interlocutory relief, that it has first offered to submit the dispute to mediation.

 

Ver. 24.01.20

 

Copyright Self Storage Association Ltd