1. So long as all fees are paid up to date, you are (a) licenced to store goods in the unit allocated to you by YoreStore and only in that Unit. (b) is deemed you have knowledge of the goods in the unit. (c) warrants that you are the owner of the goods in the unit and/or entitled at law to deal with them by following all aspects of this agreement as agent for the owner.
2. YoreStore does not have and will not be deemed to have knowledge of the goods held in storage. YoreStore is not a bailee or a custodian nor a warehouseman of the goods and the storer acknowledges that YoreStore does not take possession of the goods and does not grant any lease or tenancy of the Unit.
3. The storer must pay the first month’s rental upon signing this agreement. Any overpaid balance (minus 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 electronic transfer within 21 days of termination of this agreement.
4. The storer is responsible to pay the storage fee payable in advance on the first day of each storage period and it is the storer’s responsibility to see that payment is made directly to YoreStore on time and in full throughout the period of storage. Any storage fees paid by direct transfer will not be credited to the storer’s account unless the storer identifies the payment clearly and as directed by YoreStore and YoreStore shall have no liability to and shall be indemnified by the storer if YoreStore takes steps to enforce the agreement (including the sale of Goods) due to the storer’s failure to identify a payment. YoreStore 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. A late payment fee each time a payment is late will be added to the storer’s account and any costs incurred by YoreStore 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 any government taxes or charges (including any value-added tax) levied on any supplies made under this agreement. Where the storer has more than one agreement with YoreStore, all will form one account with YoreStore and YoreStore may in its sole discretion elect to apply any payment made by or on behalf of the storer on this agreement against the oldest debt due from the storer.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:
5. YoreStore takes the issue of prompt payment very seriously and has a right of lien. Regardless of condition 35, if any sum owing to YoreStore is not paid when due, the storer authorises YoreStore without further notice to (a) refuse the 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 its 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 the storer for all reasonable costs of doing so on any number of occasions, and (c) apply any 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. The storer acknowledges that (a) YoreStore 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) YoreStore will sell the goods as if YoreStore was the owner and will pass all rights of ownership in the goods to the buyer; and (c) if the storer does not pay fees on the due date, the value of any discounts and special offers (including periods of free storage) which the storer has received will be payable by the storer in full.
6. On expiry or termination of this agreement, if the storer fails to remove all goods from the unit, YoreStore 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. The 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.
7. Before YoreStore sells or disposes of the goods, it will give the storer notice in writing directing the storer to pay (if the 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 the storer to Yorestore in writing or by email only if you have elected not to receive traditional mail. If no address within the UK has been provided, YoreStore will use any phone or email address it holds for the storer. If the storer fails to pay the debt and/or collect the goods (as appropriate) YoreStore will access your space and begin the process to sell or dispose of the goods. The storer consents to and authorises the sale or disposal of all goods without further notice regardless of their nature or value. YoreStore will sell the goods for the best price reasonably available in the open market, taking into account the costs of sale. YoreStore may also require payment of 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 of the storer must pay YoreStore the balance within 7 days of a written demand from YoreStore. YoreStore may take action to recover the balance and any legal and administration costs incurred in doing so. If the sale proceeds exceed the amount due from the storer, YoreStore will hold the balance for the storer but no interest will accrue on it.
9. If in the opinion of YoreStore and entirely at the discretion of YoreStore, 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, the storer authorises YoreStore to treat the goods as abandoned and YoreStore may dispose of all goods by any means at the storer’s cost. YoreStore may dispose of the storer’s goods in the event that goods are damaged due to fire, flood or other events that have rendered them, in the opinion of YoreStore, severely damaged, of no commercial value, or dangerous to persons or property. YoreStore does not need the prior approval of the storer to take this action but will send notice to the 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 YoreStore’s discretion be moved, sold or disposed of immediately with no liability to YoreStore.
11. The storer has the right to access the unit during access hours as posted by YoreStore and subject to the terms of this agreement. YoreStore 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 the storer or others authorised or accompanied by the storer (its agents) may access the unit. The storer is responsible for and liable to YoreStore and other users of the facility for its own actions and those of its agents. YoreStore may (but is not obliged to) require proof of identity from the storer or any other person at any time and, at YoreStore’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
13. YoreStore may refuse the storer access to the unit and/or the facility where amounts of money are owing by the storer to YoreStore, whether or not a formal demand for payment has been made, or if YoreStore considers the safety or security of any persons, unit or goods on or at the facility has been threatened or may be put at risk.
14. The storer should not leave a key or keyfob with or permit access to the unit to any person other than its own agent who is responsible to the storer and subject to its control. If the storer does so, it does so at its own risk.
15. The storer authorises YoreStore 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 YoreStore believes the unit is being used to store prohibited goods or for a prohibited purpose; or if YoreStore 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 YoreStore’s lien or power of sale or disposal in accordance with this agreement.
16. The 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. YoreStore will not be responsible for locking any unlocked unit. The storer is not permitted to apply a padlock to the unit in YoreStore’s overlocking position and YoreStore may have any such padlock forcefully cut off at the storer’s expense. Where applicable, the storer will secure the external gates and/or doors of the Facility.
17. The 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;
(i) currency, deeds and securities; and
(j) items that are irreplaceable by their unique nature or significant value to the storer due to personal sentimental reasons.
The storer will be liable under condition 28 for any breach of this condition 17.
18. The 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 YoreStore 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 YoreStore 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 YoreStore; 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. The storer must maintain the unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness or of damage to the unit or facility, YoreStore will be entitled to retain any deposit, and 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. The storer must (and ensure that its agents) use reasonable care on-site and have respect for the facility and other unit users, inform YoreStore of any damage or defect immediately it is discovered and comply with the reasonable directions of YoreStore’s employees, agents and contractors and any other regulations for the use, safety and security of the facility as YoreStore shall issue periodically.
21. This agreement does not confer on the storer any right to exclusive possession of the unit and YoreStore reserves the right to relocate the 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, YoreStore will pay the storer’s reasonable costs of removal if approved in writing by YoreStore in advance of the removal. If the storer does not arrange removal by the date specified in YoreStore’s notice, then the storer authorises YoreStore and its agents to enter the 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 the 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. The 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. YoreStore makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
23. YoreStore may refuse to permit the storer to store any goods or require the 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. The storer must give notice to YoreStore in writing of the change of address, phone numbers or email address of the storer or the alternate contact person within 48 hours of any change. The storer agrees YoreStore is entitled to discuss any default by the storer with the alternative contact person registered on the front of this agreement.
RISK AND RESPONSIBILITY:
25. YoreStore will not be liable for any loss or damages suffered by the 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 the 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. YoreStore excludes all liability in respect of loss or damage to (a) the storer’s business, if any, including consequential loss, lost profits or business interruption; and (b) goods above the sum of £100 in total per incident, which YoreStore considers to be the normal excess on a standard household policy whether or not that policy would cover the goods. YoreStore 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 YoreStore, its agents and/or employees.
27. YoreStore does not insure the goods and it is a condition of this agreement that the goods remain adequately insured at all times for their replacement value (as set out on the cover sheet) while they are in storage. The 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. YoreStore does not give any advice concerning insurance cover given by any policy and the storer must make its own judgment as to the adequacy of cover even when facilitated by YoreStore. Inspection of any insurance documents provided by the storer to demonstrate cover does not mean YoreStore has approved the cover or confirmed it is sufficient.
28. The Storer will be liable for and compensate YoreStore for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by YoreStore 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 the storer or any of its agents or (c) enforcement of any of the terms of this agreement.
29. The 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 the storer and includes any and all liabilities resulting from such a breach.
30. If YoreStore has reason to believe that the storer is not complying with all relevant laws YoreStore may take any action it believes to be necessary, including but not limited to the activities 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 the storer’s expense. The storer agrees that YoreStore may take such action at any time even though YoreStore could have acted earlier.
31. In respect of circumstances outside YoreStore’s reasonable control, YoreStore 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 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 unit including the unit or the facility by, or arrest or seizure or confiscation of goods by, competent authorities. If this happens, YoreStore will not be responsible for failing to allow access to the goods, unit and/or the facility for so long as the circumstances continue. YoreStore will try to minimise any effects arising from such circumstances.
32. YoreStore collects information about the storer on registration and whilst this agreement continues, including personal data. YoreStore processes data in accordance with the Data Protection Act 1998 and uses it to process payments, communicate with the storer and generally maintain the storer’s account. YoreStore may share data with, and collect data from, credit reference or fraud prevention agencies and trade associations of which YoreStore is a member. If the storer applies for YoreStore’s insurance, YoreStore 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. YoreStore 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 YoreStore considers the security of any unit at the facility or its contents may otherwise be put at risk.
Also, if YoreStore 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 YoreStore’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 YoreStore 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 the storer agrees, YoreStore will use data for marketing and like purposes, including to provide the storer with information on products or services provided by YoreStore and/or its business partners in response to requests from the storer or if YoreStore believes they may be of interest. Storer’s choice with regard to the relevant use of data is indicated in the cover sheet.
34. Notices to be given by YoreStore or the storer must be in writing and must either be delivered by hand or sent by pre-paid post. YoreStore may also give notice to the 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 YoreStore to the storer will be sent to the address on the cover sheet or the most recent address in England notified to YoreStore. 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 the storer if YoreStore serves that Notice on the information as identified on the front of this agreement at the last notified address or another contact including SMS or email of the agreement. Any notice from the storer must be sent to YoreStore 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.
35. Either party may terminate this agreement by giving the other party notice of the termination date in accordance with the 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, the storer has failed to put right within 14 days of notice from YoreStore to do so), YoreStore may terminate the agreement immediately by notice. YoreStore is entitled to retain from any deposit, or make a charge for, apportioned storage fees if less than the required notice is given by the storer. The 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 YoreStore. In the event that goods and/or refuse are left in the unit after the termination date, conditions 6 and 19 will apply. The storer must pay any outstanding storage fees and any expenses on default or any other amounts of money owed to YoreStore up to the termination date, or conditions 5 to 9 may apply. Any calculation of the outstanding fees will be by YoreStore. If YoreStore enters the unit for any reason and there are no goods stored in it, YoreStore may terminate the agreement without giving prior notice but will send notice to the storer within 7 days.
36. The storer agrees to examine the goods carefully on removal from the unit and must notify YoreStore of any loss or damage to the goods as soon as is reasonably possible after doing so.
37. Liability for outstanding sums of money, property damage, personal injury, environmental damage and legal responsibility under this agreement continues to run beyond the termination of this agreement.
38. YoreStore 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 the storer in writing. The modified terms will take effect on the first due date occurring not less than 28 days after the date of YoreStore’s notice. The storer may terminate without charge before the change takes effect by giving notice in accordance with condition 35 otherwise, the storer’s continued use of the unit will be considered as acceptance of and agreement to the amended terms.
39. The storer acknowledges and agrees that :
(a) the terms of this document constitute the whole contract with YoreStore and, in entering this contract, the 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 YoreStore and YoreStore has, prior to the storer entering into this agreement, answered all such queries to the satisfaction of the storer;
(c) any matters resulting from such queries have, to the extent required by the storer and agreed to by YoreStore, been reduced to writing and incorporated into the terms of this agreement;
(d) if YoreStore decides not to exercise or enforce any right that it has against the storer at a particular time, then this does not prevent YoreStore from later deciding to exercise or enforce that right unless YoreStore tells the storer in writing that YoreStore has waived or given up its ability to do so;
(e) it is not intended that anyone other than the storer and YoreStore 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) The 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 the 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. If the storer fails to pay any insurance charges then any insurance cover in respect of the goods will cease immediately from the date such charges are due.