Terms & Conditions

Stubby Storage Ltd Trading as Store Anything

Terms and Conditions of Hire.

1. Definitions:
   1. Stubby Storage Ltd, trading as Store Anything and hereinafter referred to as (SA), is the owner of the units being let or hired and includes SA’s successors, assignees or personal representatives but the term ‘owner’ shall not be deemed to imply any condition of title of stored items.
   2. The Hirer is the company, firm, person, corporation or public authority SA’s units are on hire to and includes their successors or personal representatives, is deemed to have knowledge of the goods in the Unit and warrants that it is the owner of the goods and/or entitled at law to deal with them in accordance with all aspects of this agreement as agent for the owner.
   3. Units means all types of storage accommodation offered by SA.
   4. A week shall be a 7-day week or part thereof, a month shall be a calendar month.
2. Commencement:
   1. The hire period shall commence at the time agreed by The Hirer and SA which will not necessarily be the time The Hirer starts occupation of the unit. The hire will continue until terminated in accordance with the provisions of this contract.
   2. The minimum hire period is one month unless agreed otherwise and in writing.
   3. The notice period is 14 days and must fall within the current rental period.
   4. If 14 days’ notice is given at the end of a rental month this will constitute a new rental period and will be subject to the one month minimum unless agreed otherwise and in writing.
3. Access & Availability:
   1. Units are offered subject to being available when required.
   2. The Hirer has the right to access the unit during the published access hours.
   3. Only The Hirer or others authorised or accompanied by The Hirer (its agents) may access the unit. The Hirer is responsible and liable for other users of the facility, its own actions and those of its agents. SA may require proof of identity from The Hirer or its agents and, at its sole discretion, may refuse access to any person who is unable to comply.
   4. Should The Hirer require access outside the published hours this may be arranged giving not less than 48 hours prior notice. SA reserves the right to charge an hourly rate for this service, entirely at its discretion.
4. Extent of contract:
   1. English Law shall apply to any contract incorporating these conditions.
   2. SA will only accept contracts incorporating these conditions of hire. All contracts of hire made with SA shall be subject to those conditions. No variation to these conditions shall have valid effect unless SA shall have specifically assented in writing to the variation.
   3. The Hirer shall be deemed to have accepted the conditions of hire incorporated in the SA hire contract on either the signature or return thereof or on making of the first payment due in respect of the hire of unit(s) whichever is sooner.
5. Loading/Unloading (Units delivered to site):
   1. The Hirer’s acceptance of the unit(s) shall be conclusive that it/they have been examined by The Hirer and found to be in good order and condition and are suitable for the goods to be stored.
   2. No conditions or warranties other than herein specified shall be implied or deemed to be incorporated and form part of the contract.
   3. Hirer’s liability:
      1. The Hirer will be solely responsible for ensuring the unit is locked so as to be secure from unauthorised entry at all times when The Hirer is not in the unit.
      2. The Hirer must not store or permit to be stored any of the following: Toxic, polluted or contaminated goods, Goods emitting fumes or odours whilst in store, Firearms, Munitions or explosives, Radioactive materials, Flammable or hazardous goods, Living plants or animals, Food or perishable goods, Cash and securities, Illegal goods, Waste and environmentally harmful products.
      3. The Hirer will use the unit solely for the purpose of storage and shall not carry out or allow to be carried out on the site any other activity.
      4. The Hirer must exercise reasonable care on site and have respect for the facility and other unit users, inform SA of any damage or defect immediately it is discovered and comply with the reasonable directions of SA employees, agents and contractors and any other regulations for the use, safety and security of the facility as SA shall issue periodically.
      5. The Hirer must ensure the unit is suitable for the storage of the goods intended to be stored and is advised to inspect the unit before storing goods and periodically during the storage period. SA makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
      6. The Hirer must give notice to SA in writing of any change of address, phone number or email address.
      7. The Hirer shall be responsible for the safe keeping of the unit(s), shall ensure it/they are clean and in a good state of repair and shall be liable for any loss of or damage to the unit(s) how-so-ever caused.
      8. The Hirer shall fully indemnify SA in respect of all claims by any person whatsoever for injury to persons or damage to property caused by or in connection with the use of the unit(s) and in connection with charges and expenses in connection therewith whether arising under statute or common law.
      9. Any items left unattended in common areas or outside The Hirer’s unit at any time may, at SA’s discretion, be moved, sold or disposed of.
   4. Inspection of units:
      1. The Hirer shall carry out regular inspection of unit(s) and report any damage or defects to SA.
      2. SA reserves the right to inspect/have access to units for reasons which will be disclosed to The Hirer. Such disclosure may be before or after the inspection has taken place.
   5. Sub-letting:
      1. Sub-letting of unit(s) is not permitted under any circumstance.
   6. Consequential loss:
      1. SA accepts no responsibility for any consequential loss what-so-ever in connection with the hire of any of its units. SA has no knowledge of the stored goods, is not a Bailee or a custodian nor a warehouseman of the goods and The Hirer acknowledges that SA does not take possession of the goods nor grant any lease or tenancy of the unit.
   7. Store Anything’s rights:
      1. During the hire period if The Hirer shall make or propose any composition with his creditors or commit any act of bankruptcy or if The Hirer, as a limited company, shall go into liquidation or shall suffer any distress or execution to be levied against him or shall do or cause to be done any other act or thing whereby the rights of SA in the unit(s) may be prejudiced this agreement shall be terminated forthwith but without prejudice to any pre-existing liability of The Hirer thereunder and SA may take possession of the unit(s) without notice for which purpose it shall be lawful for SA to enter into or upon any premises or site where the units may be without prejudice to any other rights that SA may have.
      2. The storage fee or other terms of this agreement may vary at any time and new terms and conditions may be added as long as such modifications are notified to The Hirer in writing.
      3. The modified terms will take effect on the first payment due date occurring not less than 28 days after the date of notice. The Hirer may terminate without charge before the change takes effect by giving the requisite notice otherwise The Hirer’s continued use of the unit will be considered as acceptance of and agreement to the amended terms.
   8. Termination of hire:
      1. If The Hirer shall fail to pay the rent, or any part thereof, as and when it falls due or shall fail to observe and perform any conditions of this contract, or if the contract shall be terminated prematurely at the request of The Hirer, SA may forthwith treat the agreement as terminated and may, without notice, retake possession of the unit(s). The exercise of this right of forfeiture is without prejudice to any other rights that SA may possess at common law otherwise.
      2. Either party may terminate this agreement by giving the other party notice of the termination date giving not less than 14 days’ notice in writing.
      3. Notices from SA will be sent to the to the postal or e-mail address on the licence agreement or the most recently supplied address in England. In the event of not being able to contact The Hirer at the last notified address or e-mail, notice is deemed to have been served once the notice has been issued to the address or e-mail provided on the licence agreement.
      4. In the event of a breach of this agreement SA may terminate the agreement immediately by serving notice. SA will charge, additionally to the deposit held, for loss of storage fees owed and apportioned storage fees if less than the requisite notice is given.
      5. The Hirer 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 complete satisfaction of SA. In the event that goods and/or refuse are left in the unit after the termination date, SA will be entitled to retain the deposit, charge a cleaning fee and/or claim full reimbursement from The Hirer of the reasonable cost of repairs, replacement, loss of earnings and disposal of the goods.
   9. Insurance:
      1. SA does not provide insurance, it is the responsibility of The Hirer to ensure all goods in store have adequate insurance against all normal perils for their replacement value and it is a condition of this agreement that goods remain insured at all times while they are in storage.
      2. The Hirer 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 stored from time to time will not exceed the replacement value for which cover is in place.
   10. Payment:
       1. The Hirer must pay the deposit, where applicable, on signing this agreement. The deposit will be refunded by electronic transfer within 21 days of termination of this agreement and will include, where necessary, the supply of a padlock to be returned on termination of this agreement.
       2. Rental for all units is charged in accordance with the SA tariff and must be paid in full, in advance on the first day of each storage period (due date). It is The Hirer’s responsibility to see that payment is made directly, on time and in full throughout the contract period, SA does not issue monthly invoices.
       3. Fees paid will not be credited to The Hirer’s account unless the payment is clearly identified with the contract reference. SA shall have no liability to and shall be indemnified by The Hirer if debt recovery action is taken as a result of The Hirer’s failure to identify a payment. SA will not credit an account until cleared funds are received, in full against any outstanding or due debt.
       4. Should any payment be returned unpaid SA will re-charge any return fee, late payment fee, costs incurred in collecting late or unpaid fees or enforcing this agreement in any other way.
       5. Where The Hirer has more than one agreement with SA all will form one account and SA can elect to apply any payment made by or on behalf of The Hirer on this agreement against the oldest debt due.
       6. Should SA have to instruct solicitors or other agents to recover the debt The Hirer will indemnify SA against all fees and costs related to the recovery of the debt.
       7. If, after a period of 6 weeks, payment in full has not been received the contents of the unit will be sold and any funds realised set against the outstanding debt. Any outstanding debt will be charged to The Hirer for payment in full within 7 days of the notice, if proceeds of sale exceed this amount the balance will be paid to The Hirer.
       8. If, in the opinion and at the discretion of SA, a defaulting Hirer’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, The Hirer authorises SA to treat the goods as abandoned and may dispose of all goods by any means and at The Hirer’s cost.
       9. If any sum owing to SA is not paid when due, The Hirer authorises SA, without further notice, to refuse The Hirer access to the unit, overlock the unit until all outstanding amounts and fees are paid in full, 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.
       10. The Hirer further acknowledges that SA 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. SA will sell the goods as if it were the owner and will pass all rights of ownership in the goods to the buyer.
       11. If The Hirer does not pay fees on the due date, the value of any discounts and special offers which The Hirer has received will be invalidated and become payable in full.

   Stubby Storage Ltd – January 2016