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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:-

We, Us or Our
The Self Storage Business.
You or Your
The customer named in this Agreement.
Agent Persons who you authorise, or who accompany you, to access the Unit.
Agreement
This Self Storage Licence Agreement, made up of the Cover Sheet and these Conditions.
Facility The building, warehouse, external storage containers or other land or premises operated by the Self Storage Business, the address of which is detailed on the Cover Sheet.
Property, Your Property or Goods
Any and/or all goods stored by You in a storage Unit allocated to You at Our Facility.
Storage Period
The period from and including the Storage Period Start Date detailed on the Cover Sheet until the date on which the licence granted by Us is ended in accordance with these Conditions.
Unit A segregated area of Our Facility made available for You to secure and store Goods.

 

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 and subject to these Conditions, You: (a) are
    granted a licence during the Storage Period only to store Goods in the Unit allocated to
    You by Us from time to time and only in that Unit; (b) are deemed to have knowledge
    of the Goods in the Unit; and (c) warrant that You are 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. We: (a) do not have and will not be deemed to have knowledge of the Goods; (b) are
    not a bailee, custodian or warehouseman of the Goods and You acknowledge that We
    do not take possession of the Goods; (c) do not grant any lease or tenancy of the Unit or
    any part of the Facility and nothing in this Agreement creates a landlord and tenant
    relationship; and (d) retain control, possession and management of the Facility and the
    Unit and the You have no right to exclude Us from the Facility or the Unit.
  3. This Agreement will come into existence between Us and You when We notify You
    We have accepted Your order by signing the Cover Sheet. The Storage Period will begin
    on the date agreed with You during the order process and set out on the Cover Sheet.

COST:

  1. You 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 You) will be refunded by cheque or electronic
    transfer within 21 days of termination of this Agreement.
  2. You are responsible to pay:
    (a) the Storage Fee (being the amount set out in the Cover Sheet or as most recently
    notified to You by Us). We will take the first payment on acceptance of Your order and
    will take subsequent payments in advance on the invoice date for each Storage Period
    or other date agreed with You (Due Date). It is Your responsibility to see that payment
    is made directly to Us on time and in full throughout the Storage Period. We do not
    normally bill for Fees but will issue an electronic invoice following payment. Any
    Storage Fees paid will not be credited to Your account unless You identify the payment
    clearly and as directed by Us. If you fail to correctly identify a payment, We reserve the
    right to take steps to enforce the Agreement (including the sale of Goods) due to Your
    failure to pay Storage Fees. We shall have no liability to You as a result of taking such
    action and You agree to fully indemnify Us for any costs, including those outlined in
    (c), below, We incur in taking such action. We will not accept that payment has been
    made until it has received by Us in cleared funds;
    (b) a Late Payment Fee each time a payment is late or cancelled;
    (c) any costs incurred by the Us 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;
    (d) any government taxes or charges (including any value added tax or insurance
    premium tax) levied on any supplies made under this Agreement; and
    (e) the Cleaning Fee or charges for repairs, to be invoiced at Our discretion as described
    in Clause 23.
    Where You have more than one agreement with Us, all will form one account and We
    may in our sole discretion apply any payment made by You or on Your behalf on this
    Agreement against the oldest amount due from You to Us on any agreement in the
    account. If You make a part payment of any Storage Fees due to Us and We retain Your
    part payment, this will not affect Our ability to take any action against You or to exercise
    any rights We have under this Agreement in respect of the Storage Fees which remain
    outstanding from You. The time period from which We may take such action will still
    start from the Due Date when the original Storage Fees were due and the Due Date will
    not be extended as a result of Your part payment. 

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:

  1. We take the issue of prompt payment seriously and We shall have a general and
    particular right of lien, which is a right to seize and sell or otherwise dispose of some or
    all of the Goods as security for Your obligation to make payments under this Agreement.
    If any sum owing to Us and other Fees related to this Agreement are not paid when due
    (Debt), You authorise Us without further notice to: (a) refuse You and Your Agents
    access to the Goods, the Unit and the Facility and to overlock the Unit until the Debt has
    been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit
    or site and to charge You 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 Clauses
    8 to 10. You acknowledge that (a) We shall be entitled to continue to charge Storage
    Fees from the date the Debt becomes due until payment is made in full or the Goods are
    sold or disposed of; (b) We will sell the Goods as if We were the owner and will pass
    all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees on the
    Due Date, the value of any discounts and special offers (including periods of free
    storage) which You have received will be payable by You in full.
  2. If on expiry or termination of this Agreement for any reason, You fail to remove all
    Goods from the Unit, We are authorised to treat the Goods as abandoned and may sell
    or dispose of all Goods by any means in accordance with Clauses 8 to 10. You are liable
    for Storage Fees for the period from abandonment to the sale or disposal of the Goods
    together with any costs of disposal incurred, which shall be added to the, or treated as a,
    Debt.
  3. Before We sell or dispose of the Goods, We will give You notice in writing directing
    You to pay (if You are in default) or collect the Goods (if they are treated as abandoned).
    This notice will be sent by registered or recorded delivery to the postal address last
    notified by You to Us in writing and by email and/or by direct message on social media.
    If no address within the UK has been provided, We will use any land or email address
    or social media details We hold for You and any ACP. If You fail to pay the Debt and/or
    collect the Goods (as appropriate) We will access the Unit and begin the process to sell
    or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods
    without further notice regardless of their nature, content or value. We will sell the Goods
    for the best price reasonably available in the open market, taking into account the costs
    of sale. We 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, or treated as a, Debt.
  4. 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,
    You must pay Us the balance within 7 days of a written demand from Us. We 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 You, We will attempt to return the
    excess funds to you. If this is not reasonably possible, we will hold the balance for You
    but no interest will be payable on it.
  5. If, in the opinion of Us and entirely at Our discretion, the 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, You authorise Us to treat the Goods as abandoned and We
    may dispose of all Goods by any means at Your cost. We may dispose of the Goods at
    Our discretion in the event that: (a) Goods are damaged due to fire, flood or other event
    that has rendered them, in Our reasonable opinion, severely damaged, of no commercial
    value, or dangerous to persons or property; or (b) Goods may contain personal data
    belonging to You or others. We do not need Your prior approval to take this action but
    will send written notice to You within 7 days of assessing damaged Goods.
  6. Any items left unattended in common areas at the Facility or outside Your Unit at
    any time shall be treated as abandoned and may at Our discretion be moved, sold or
    disposed of immediately with no liability to Us.

ACCESS:

  1. You have the right to access the Unit during Access Hours as posted by Us and
    subject to the terms of this Agreement. We will try to provide advance warning of
    changes to Access Hours by notice at the Facility and/or by SMS or email, but We
    reserve the right to change Access Hours temporarily to other reasonable times without
    giving prior notice.
  2. If We have agreed to grant You extended access to the Unit outside normal hours,
    the extended access is available between the hours indicated on the Cover Sheet,
    subject to You paying any relevant additional charges.
  3. Only You or Your Agents may access the Unit. You are responsible for and liable
    to Us and other users of the Facility for Your own actions and those of Your Agents.
    We may (but are not obliged to) require proof of identity from You or any other person
    at any time and, at Our sole discretion, may refuse access to the Facility to any person
    who is unable to produce satisfactory proof.
  4. We may refuse You access to the Unit and/or the Facility where moneys are owing
    by You to Us, whether or not a formal demand for payment has been made, or if We
    consider the safety or security of any person, Unit or Goods on or at the Facility has
    been threatened or may be put at risk.
  5. You should not leave a key with or permit access to the Unit to any person other than
    Your own Agent who is responsible to You and subject to Your control. If You do so,
    it is at Your own risk.
  6. You authorise Us and Our agents and contractors to enter the Unit in the following
    circumstances and to break any 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; (c) if We believe the Unit is being used to store
    prohibited Goods or for a prohibited purpose; (d) if We are obliged to do so by law, by
    the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent
    authority or by a Court Order; or (e) to relocate the Goods or exercise Our lien or power
    of sale or disposal in accordance with this Agreement.
  7. You 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
    including but not limited to 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 (including but not limited to toys, electrical goods, medicines, aerosols,
    cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to
    the property of any person; (i) currency, deeds and securities; and (j) items which are
    unique in nature and/or where the value to You cannot be assessed on a financial basis.
  8. You must not use portable heaters in the Unit at any time.
  9. You must not store in any Unit (a) any Lithium ion batteries exceeding a watt-hour
    (Wh) rating of 160 Wh unless they are built-in and cannot be removed from the
    otherwise permitted Goods; (b) portable battery chargers, power banks or any similar
    portable power source; (c) more than five (5) E-Scooters, E-Bikes, E-Skateboards or
    any similar battery-powered vehicles, unless the battery has been removed and is not
    being stored in the Unit; (d) more than ten (10) laptops, tablet computers, children’s
    toys or other similar items containing built-in batteries.
    20.1 When storing any permitted Goods that contain built-in batteries you must ensure:
    (a) the Goods are free from visible physical defect or fault and (b) such Goods are not
    stacked and are stored allowing air circulation. We recommend all batteries are stored
    with the lowest practical charge.
    20.2. You will be liable under Clause 32 for any breach of this Clause 20.

CONDITIONS:

  1. You will be solely responsible for securing the Unit and ensuring it is locked so as
    to be secure from unauthorised entry at all times when You are not in the Unit. We will
    not be responsible for securing any unlocked Unit. You are not permitted to apply a
    padlock or other device to the Unit in Our overlocking position and We may have any
    such padlock or device forcefully cut off at Your expense. Where applicable, You will
    secure the external gates and/or doors of the Facility.
  2. You 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 Us 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 Us 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 Us; (f) cause
    damage to the Unit or any part of the Facility (which includes by removal, haulage or
    delivery contractors); or (g) create any obstruction or leave items or refuse in any
    common space within the Facility.
  3. You must maintain the Unit by ensuring it is clean and in good repair during the
    Storage Period. In the event of uncleanliness or damage to the Unit or Facility, We will
    be entitled to retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement
    from You of the reasonable costs of repairs, replacement, restoration, proper
    compensation or disposal of refuse.
  4. You must (and ensure that Your Agents) use reasonable care on site and have respect
    for the Facility and other unit users, inform Us of any damage or defect immediately it
    is discovered and comply with the reasonable directions of Our employees, agents and
    contractors and any other regulations or policies for the use, safety and security of the
    Facility as We shall issue periodically.
  5. This Agreement does not confer on You any right to exclusive possession of the Unit
    and We reserve the right to relocate You to another Unit not smaller than the current
    Unit: (a) by giving 14 days’ notice during which You can elect to terminate this
    Agreement under Clause 40; 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,
    We will pay Your reasonable costs of removal if approved in writing by Us before
    removal. If You do not arrange removal by the date specified in Our notice, then You
    authorise Us and its agents to enter the Unit and move the Goods as Your agent on Your
    behalf and at Your risk (except for damage caused wilfully or negligently which is
    subject to the limitations in Clause 30). Following removal this Agreement will be
    varied by substitution of the new Unit number but otherwise continues on the same terms
    at the Storage Fees in force for the original Unit at the time of the removal.
  6. You must ensure the Unit is suitable for the storage of the Goods intended to be
    stored in it and You are advised to inspect the Unit before storing Goods and periodically
    during the Storage Period. We make no warranty or representation that any unit is
    suitable for any particular goods and We accept no liability in this regard. Unit sizes are
    approximate. If You have exact requirements, You must check with Us before signing
    this Agreement as, by signing, You agree to the actual size of the Unit and not any
    represented unit size.
  7. We may refuse storage of any Goods or require You to remove Goods if in Our
    opinion storage of such Goods creates a risk to the safety of any person or property.
  8. You must give notice to Us in writing of the change of any contact details on this
    Agreement for You or the ACP within 48 hours of any change. You agree We are entitled
    to discuss any default by You with the ACP registered on the front of this Agreement.

RISK AND RESPONSIBILITY:

  1. We will not be liable for any loss or damages suffered by You as a result of You not
    being able to access the Facility or the Unit, regardless of the cause.
  2. The Goods are stored at Your sole risk and responsibility and You shall be
    responsible for and bear the risk of any and all theft, damage to, and deterioration of the
    Goods caused by any reason. We exclude all liability in respect of: (a) loss or damage
    to Your business, if any, including consequential loss, lost profits or business
    interruption; (b) loss of or damage to Goods or any claim for return of the Storage Fees
    except where this results from Our negligence or breach of contract, in which case Our
    liability will be limited to the sum of £100 in total. We do not exclude or limit liability
    for physical injury to or the death of any person which is a direct result of negligence or
    wilful default on the part of Us, Our agents and/or employees.
  3. Subject to Clause 48 if applicable, We do not insure the Goods and it is a condition
    of this Agreement that the Goods remain adequately insured by You at all times for their
    Replacement Value (as set out on the Cover Sheet) while they are in storage. You
    warrant that such cover is in place, will not lapse and that the aggregate value of Goods
    in the Unit from time to time will not exceed the insured value. We do not give any
    advice concerning insurance cover given by any policy and You must make Your own
    judgment as to adequacy of cover even when arranged by Us. Inspection of any
    insurance documents provided by You to demonstrate cover does not mean We have
    approved the cover or confirmed it is sufficient.
  4. It will be Your responsibility to compensate Us for the full amount of all claims,
    liabilities, demands, damages, costs and expenses (including any reasonably incurred
    legal and professional fees) incurred by Us or third parties (Liabilities) resulting from
    or incidental to: (a) Your 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 You or any of Your Agents; or (c) enforcement terms of
    this Agreement.
  5. You agree to comply with this Agreement and all laws and regulations relevant to
    the use of the Unit. This includes laws relating to any Goods which are stored and the
    manner in which they are stored. You will be responsible for all Liabilities resulting
    from such a breach.
  6. If We have reason to believe that You are not complying with all relevant laws We
    may take any action We consider necessary, including, but not limited to, action outlined
    in Clauses 17 and 41, contacting, cooperating with and/or submitting Goods to relevant
    authorities, and/or immediately disposing of or removing Goods at Your expense. You
    agree that We may take such action at any time even though We could have acted earlier.
  7. We shall not be considered to be in breach of this Agreement nor liable for any delay
    in performing or failure to perform any of Our obligations under this Agreement or any
    resulting loss or damage to Goods if such delay, failure, loss or damage results from
    events, circumstances or causes beyond Our reasonable control. Such circumstances
    include (but are not limited to) 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 recommended restrictions, epidemic,
    pandemic, 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, We will not be
    responsible for failing to allow access to the Goods, Unit and/or the Facility for so long
    as the circumstances continue. We will try to minimise any effects arising from such
    circumstances.

PERSONAL INFORMATION:

  1. We collect information about You and any ACP on registration and whilst this
    Agreement continues, including personal data (Data). We process Data in accordance
    with the UK retained version of the EU General Data Protection Regulation, the Data
    Protection Act 2018 and all associated laws. Details on how We use Data and Your
    rights in relation to Data are set out in Our Privacy Notice which can be viewed on Our
    website at www.dashselfstore.co.uk. You confirm any ACP has consented to You
    supplying Data to Us on these terms.
  2. If You give consent, We will use Data for feedback purposes, including to provide
    information on products or services provided by Us in response to requests from You or
    if We believe they may be of interest. Your choice with regard to the relevant use of
    Data is indicated in the Cover Sheet and can be changed at any time by contacting Us.

COMMUNICATIONS AND NOTICE:

  1. We can send You notifications regarding day to day matters and minor changes to
    this Agreement by email and/or by SMS. These notifications will be effective one hour
    after sending or immediately if they relate to an urgent problem or emergency. We may
    also send you a direct message on Your social media accounts.
  2. Notices to be given by Us or You for more significant changes to the services and
    these terms or to enforce rights under this Agreement (such as ending the Agreement,
    changing prices, significant disruptions or enforcing Our right to sell or dispose of
    Goods) must be in writing and must either be delivered by hand, pre-paid post or email.
    Notices shall be considered to have been received at the time of delivery by hand, one
    day after sending by email or 48 hours after posting. Notices from Us to You will be
    sent to the addresses on the Cover Sheet or the most recent address in England and/or
    email address notified by You to Us and/or by direct message to Your social media
    accounts. In the event of not being able to contact You at the last notified postal or email
    address, notice will be considered as having been given to You if We serve that notice
    on the ACP as identified on the Cover Sheet at the last notified postal or email address
    of the ACP. Any notice from You must be sent to the Us by hand or by post to the
    address on the Cover Sheet or by email to space@dashselfstore.co.uk. In the event that
    there is more than one contact named on the Agreement, Notice to or by any single
    contact is agreed to be sufficient for the purposes of any notice requirement under this
    Agreement.

CANCELLING OR ENDING THE AGREEMENT:

  1. If You entered into the Agreement without physically coming into the Facility, then
    You have 14 days after We confirm acceptance of Your order to change Your mind
    (cooling off period). If You cancel during this period a refund will be provided based on
    the length of storage You have taken prior to cancelling and all Goods being removed
    from the Unit. We can use any payment made by You to settle some or all of this sum.
    You can cancel by email, post or telephone call to Us referring to Your name, address,
    date of order, and Unit number.
  2. Unless otherwise agreed in writing by both parties, either We or You may end this
    Agreement at any time by giving the other party written notice in accordance with
    Clause 39. The date on which the Agreement will end (the Termination Date) must be
    at least the number of days indicated on the Cover Sheet. In the event of illegal or
    environmentally harmful activities on Your part or a breach of this Agreement (which,
    if it can be put right, You have failed to put right within 14 days of a request from Us to
    do so), We may terminate the Agreement immediately by notice. We are entitled to
    retain from the Deposit, or make a charge for, apportioned Storage Fees if less than the
    required notice is given by You. You 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 Us. In the event that Goods and/or rubbish
    are left in the Unit after the Termination Date, Clauses 7 and 23 will apply. You must
    pay any outstanding Storage Fees and any other fees or expenses owed to Us up to the
    Termination Date, or Clauses 6 to 10 may apply. Any calculation of the outstanding
    Fees will be by Us. If We enter the Unit for any reason and there are no Goods stored
    in it, We may terminate the Agreement without giving advance Notice but will send
    Notice to You within 7 days.
  3. You agree to examine the Goods carefully on removal from the Unit and must notify
    Us of any loss or damage to the Goods as soon as is reasonably possible.
  4. Termination or expiry of this Agreement shall not affect any rights, remedies,
    obligations or liabilities of Us or You that came into effect during the term of the
    Agreement prior to termination or expiry. This includes the right to claim damage for
    breach of the Agreement, liability for outstanding monies, property damage, personal
    injury, environmental damage and legal responsibility under this Agreement.

OTHER TERMS:

  1. If You wish to take up any additional services We offer, such as delivery and
    collection, We would be pleased to provide details. You will need to sign up to Our
    terms and conditions for such services which may be subject to additional charges.
  2. We may vary the Storage Fee or other terms of this Agreement and add new terms
    and conditions as long as such changes are notified to You in writing. The modified
    terms will take effect on the first Due Date occurring not less than 28 days after the date
    of Our notice. You may end this Agreement without charge before the change takes
    effect by giving notice in accordance with Clause 39. Otherwise, Your continued use of
    the Unit will be considered as Your acceptance of and agreement to the amended terms.
  3. You acknowledge and agree that :(a) the terms of this document constitute the whole
    agreement with Us and, in entering this Agreement, You do not rely on any statement,
    promise, representation, assurance or warranty which is not set out in this Agreement;
    (b) any descriptions or illustrations on our website are published for the sole purpose of
    giving an approximate idea of the services described in them but they will not form part
    of this Agreement or have any contractual force; (c) the terms of this Agreement apply
    to the exclusion of any other terms that You seek to impose or incorporate, or which are
    implied by law, trade custom, practice or course of dealing; (d) You have raised all
    queries relevant to Your decision to enter this Agreement with Us and We have, prior to
    You entering into this Agreement, answered all such queries to Your satisfaction; (e)
    any special terms agreed between You and Us, been recorded in writing and incorporated
    into the terms of this Agreement; (f) if We decide not to exercise or enforce any right
    that it has against You at a particular time, then this does not prevent Us from deciding
    to exercise or enforce that right at a later date unless We tell You in writing that We
    have waived or given up its ability to do so; (g) it is not intended that anyone other than
    You and Us will have any rights under this Agreement and accordingly the Contracts
    (Rights of Third Parties) Act 1999 shall not apply to it; (h) if any provision or partprovision of this Agreement is or becomes invalid, unlawful or unenforceable to any
    extent, it shall be treated as deleted, but that shall not affect the validity and
    enforceability of the rest of this Agreement; (i) You may not assign or transfer any of
    Your rights under this Agreement or part with possession of the Unit or Goods whilst
    they are in the Facility; (j) We may transfer Our rights under this Agreement to another
    organisation and will let You know if We plans to do this; and (k) where there are two
    or more joint customers, each individual customer takes on the obligations under this
    Agreement separately and We may enforce our rights against any one of the joint
    customers.
  4. 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
    first try 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. The parties agree that, other than for emergency
    interlocutory relief, neither party shall commence legal proceedings against the other
    unless it has first offered to submit the dispute to mediation and mediation h

INSURED CONTRACTOR – If such insurance has been agreed to

  1.  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

Ver. 01.06.24

 

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