Terms & Conditions: NEWARK STORAGE COMPANY LIMITED TERMS AND CONDITIONS FOR CARRIAGE AND/OR STORAGE
1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:
“Access Hours” means Monday to Thursday 9.00am to 5.00pm, Friday 9.00am to 4.00pm excluding statutory or other public holidays in England;
“Carriage” means where applicable:
the collection of Goods for Storage on Site from the address specified on the quotation; and/or
the delivery of Goods Stored on Site to an address specified on the quotation or agreed in writing by the Company.
“Carry” and “Carried” shall have a corresponding meaning;
“Commencement Date” means the date when the Goods will be collected and/or placed in Storage as specified on the quotation;
“the Company” means Newark Storage Company Limited whose registered office is at Bowbridge Road, Newark, Nottinghamshire, NG24 4EQ;
“Contract” means the Contract for the Storage of Goods incorporating these Terms;
“the Customer” means any person to whom the Company agrees to provide Storage under these Terms.
“Goods” any Customer possessions Carried and/or Stored in a Storage Unit by the Customer at any time during the term of the Contract;
“Out of Store Date” means the date agreed by the parties in writing when the Goods will be due for collection by the Customer and/or delivery by the Company;
“Fees” means the fees payable for Storage and/or Carriage (plus VAT) from the Commencement Date to the Out of Store Date (as set out in the quotation or agreed in writing from time to time), plus any additional charges payable for the provision (if any) of packaging materials;
“Site” means the premises on which the Storage Unit is situated;
“Storage” means the storage of the Customer’s Goods in Storage Units packed by the Customer on Site or prior to Carriage.
“Store” and “Stored” shall have a corresponding meaning;
“Storage Unit” means the self contained storage unit or units specified on the quotation;
“Terms” means these terms and conditions.
1.2 In these Terms unless the context otherwise requires:
1.2.1 a reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation;
1.2.2 words in the singular include the plural and the in the plural include the singular;
1.2.3 a reference to one gender includes a reference to the other gender and the neutral;
1.2.4 conditions headings do not affect the interpretation of these Terms; and
1.2.5 any reference to ‘writing’ or any cognate expression includes communications by post, facsimile transmission and email but excludes text messages.
2.1 These Terms shall apply to the Contract for Carriage and/or Storage to the exclusion of any other terms and conditions.
2.2 The Customer should read these Terms carefully to ensure that the Customer is fully aware of the Customer’s commitments and the Company’s obligations.
2.3 The Company shall provide the Customer with a written quotation in respect of the Contract. The quotation is valid for 3 calendar months from the date of the quotation provided that the Customer has accepted the quotation.
3.1 The Company shall collect the Goods for Carriage from the address specified within the quotation within the period for collection specified in the quotation and shall transport the Goods for Storage to the Site.
3.2 If the Company fails to collect the Goods for Carriage and the delay is within the Company’s reasonable control, the Company will pay the Customer’s reasonable expenses incurred as a result of the delay up to a maximum of £75.
3.3 If applicable the Company shall deliver Goods Stored on Site to the address specified on the quotation or as agreed between the parties in writing upon the expiry of the Out of Store Date.
3.4 Where the Customer requires Carriage of Stored Goods, the Customer must provide at least 7 days notice of a requested Out of Store Date. The Company will advise the Customer within 2 days of receipt of the Customer’s request whether or not the request can be accommodated. Out of Store Dates for the Carriage of Stored Goods are on a first come first serve basis. If the requested Out of Store Date cannot be accommodated the Company will contact the Customer in writing or by telephone with alternative Out of Store Dates for the Carriage of Stored Goods.
3.5 The Company will not deliver Stored Goods to addresses outside Nottinghamshire or Lincolnshire unless otherwise agreed by the Company in writing.
3.6 The Company reserves the right to cancel or postpone Carriage of Goods where the Company considers that such Carriage may endanger any employee, agent or sub-contractor of the Company or member of the general public due to (including but not limited to) severe weather conditions or by reason of the Company having limited access to the Customer’s specified delivery/collection address.
4.1 Storage shall commence on the Commencement Date.
4.2 Unless the Contract is terminated in accordance with condition 11 it shall continue until the Out of Store Date.
5. Customer Obligations and Warranties
5.1 The Customer shall be responsible for all packing of Goods either for Carriage or for Storage in the Storage Unit.
5.2 The Customer warrants that:
5.2.1 the Goods Stored in the Storage Units from time to time are the property of the Customer or that the person who owns or has an interest in the Goods has given the Customer the authority to Store the Goods in the Storage Unit;
5.2.2 there are no special precautions necessitated by the nature or condition of the Goods or any statutory duties specific to the Goods with which the Company may need to comply;
5.2.3 that the Goods do not include any unacceptable goods (in accordance with condition 6.1); and
5.2.4 the Goods have been securely packed and in such condition as not to cause damage or injury or the likelihood of damage or injury to the property of the Company or its employees or agents or to any other goods, whether by spreading of damp, infestation, leakage or the escape of fumes, or substance.
5.3 The Customer shall be responsible for the reasonable costs (other than indirect or special loss or loss of goodwill) incurred by the Company as a result of the Customer’s failure to comply with the warranties contained in condition 5.2. The maximum liability of the Customer under this condition 5.3 shall not exceed £5,000 per incident or series of incidents per Storage Unit and an aggregate liability of £25,000 in respect of all Goods in transit or Stored.
5.4 The Customer acknowledges that the Company is unaware of the type or value of the Goods to be Carried and/or Stored. The Company encourages the Customer to take out “all risks” insurance throughout the period of Carriage and/or Storage to protect the Customer against losses greater than the limits set out in condition 10. Carriage and/or Storage of the Goods is at the Customer’s discretion. The Customer must ensure that the Goods are suitable for Carriage and/or that the Storage Unit is suitable for the Storage of the Goods that are Stored or intended to be Stored in the Storage Units. The Company does not warrant or represent that any Storage Unit allocated to the Customer is a suitable place or means of Storage for any particular Goods.
6. Goods Unacceptable for Carriage and/or Storage
6.1 The Company will not accept for storage any of the following:
6.1.1 Toxic, flammable, explosive or other potentially dangerous products;
6.1.2 Chemicals, radioactive materials, biological agents;
6.1.3 Food or perishable goods accept in unopened tins or cans;
6.1.4 Wines, spirits, cigarettes, or tobacco products;
6.1.5 Plants, birds, fish, animals or any other living creatures;
6.1.6 Goods that encourage vermin or other pets that may cause disease or infection;
6.1.7 Any illegal substances, illegal items or goods illegally obtained;
6.1.8 Pornographic material;
6.1.9 Bullion, bank notes or coins, currency, cheques, treasury notes, bonds, negotiable instruments or securities of any kind, computer chips, memory cards or mobile phones; or
6.1.10 Jewellery, precious stones and other valuables.
6.2 The Company will not accept any Goods the Customer no longer requires. The Company will not dispose of Goods on the Customer’s behalf except in accordance with condition 9.
7.1 The Customer can access the Storage Unit at anytime during Access Hours. Access outside Access Hours may be available subject to the availability of staff and the Company’s prior written agreement. Customer identification in a form reasonably required by the Company will be required upon arrival at the Site and the Customer will be required to sign in at reception.
7.2 The Customer must use reasonable care when on Site and comply with the Company’s Health and Safety Policy a copy of which is displayed on Site and available on request.
7.3 The Customer must comply with any reasonable directions of the Company’s employees, agents and contractors at the Site regarding access, health and safety and security of the Site and Storage Unit.
8. Fees and Payment
8.1 The Fees shall be payable in accordance with the payment plan set out in the quotation (“the Payment Plan”).
8.2 All payments shall be made in accordance with the payment method set out in the quotation.
8.3 All amounts stated are exclusive of VAT and/or any other applicable taxes which shall be charged in addition at the rate in force at the date any payment is required from the Customer. The Fees for Storage are calculated on a monthly basis from the Commencement Date to the Out of Store Date. Where the final period of Storage does not amount to a complete month the Customer will be charged on a pro rata basis.
8.4 If payment of the Fees and all other amounts payable are not received in accordance with the Payment Plan or by the due date (as applicable), the Company shall be entitled (without prejudice to any other right or remedy available to it, whether under the Contract or otherwise) to charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of the Company’s bank.
8.5 The Company may review Fees for Carriage and/or Storage periodically and will provide at least 28 days written notice of any increase in Fees and give the Customer the opportunity to cancel the Contract in accordance with condition 11.4.
9. Right of Withhold and Sell Goods
9.1 The Company shall have the right to withhold and ultimately dispose of some or all of the Goods (in accordance with condition 9.2) if the Customer does not pay the Fees in accordance with the Payment Plan or any other payments due under the Contract. The Customer shall be responsible for all Storage charges and other associated costs reasonably incurred by the Company while withholding or disposing of the Goods.
9.2 The Company may upon 28 days written notice to the Customer’s last known address require the Customer to pay all monies due and remove the Goods from the Storage Unit. Upon the expiration of the 28 days written notice if the Customer has not paid all monies due to the Company the Company may dispose of some or all of the Goods without further notice. The Customer shall be responsible for the costs reasonably incurred by the Company in disposing of some or all of the Goods. If the Company receives money on disposal of the Goods the net proceeds of sale will be credited to the Customer’s account and the Company will pay any eventual excess to the Customer without interest.
10. Risk and Liability
10.1 Subject to condition 10.2, the Company agrees to insure goods against:
10.1.1 damage or loss to Goods during transit, following fire, collision and/or overturning of the Company’s vehicle carrying the Goods, theft and/or malicious damage following forcible and/or violent entry; and
10.1.2 damage or loss to Goods whilst in Storage from fire, lightning, explosion, aircraft, storm, flood, burst pipes, theft and/or malicious damage following forcible and/or violent entry into the building, riot, strike, civil commission, subsidence and impact
up to a maximum of £5,000 per incident or series of incidents per Storage Unit and an aggregate liability of £25,000 in respect of all Goods in transit or Stored for the Customer.
10.2 The insurance referred to in condition 10.1 is subject to a number of exclusions and as such the Company is unable to accept liability under condition 10.1 for the losses set out in Schedule 1.
10.3 Subject to conditions 10.4, 10.5, 10.6 and 10.7 the Company’s total liability under or in connection with the Contract for its negligence, misrepresentation or breach of contract other than that accepted in conditions 10.1 and 10.2 shall not exceed £500,000.
10.4 The Company will not be liable for any indirect or special loss or loss of goodwill arising from the Storage of Goods.
10.5 Nothing in these Terms excludes or limits the Company’s liability for death or personal injury resulting from its negligence or affects the Customer’s statutory rights.
10.6 The Company shall not be liable for any loss suffered by the Customer to the extent that the loss is attributable, either in whole or in part, to the Customer’s breach of the warranties in condition 5.2.
10.7 Subject to conditions 10.5 and other than as expressly provided in these Terms any indemnities, warranties, terms and conditions (express or implied) are hereby excluded to the fullest extent permitted under applicable law.
11.1 Either party may terminate the Contract at any time by written notice to the other party if the other party is in breach of its obligations under the Contract, and where a breach is capable of remedy within 30 days, the breach is not remedied within 30 days by the other party receiving notice which specifies the breach and requiring the breach to be remedied.
11.2 The Company may terminate the Contract with immediate effect by notice in writing to the Customer if the Customer fails to pay any amount payable, including any interest accrued, in full cleared funds in accordance with the Payment Plan or by the due date as applicable.
11.3 Subject to conditions 11.1 and 11.2, the Company shall not terminate the Contract until the expiration of 3 months written notice to the Customer at the Customer’s last known address.
11.4 The Customer may terminate the Contract upon the expiration of 14 days written notice and collect the Goods from Storage provided that all monies due under the Contract have been paid in full.
11.5 Termination will not affect any right or remedy either party has before termination.
12.1 Any notice or communication to be given under the Contract should be in writing and sent to the other party at the addresses stated in the Booking Form or as may be notified to other party from time to time and sent by first class post, fax, and email provided that where notices are sent by fax and email a confirmatory copy of the fax and/or email is sent by first class post within 24 hours of transmission of the fax and/or email.
12.2 These Terms can only be varied by written agreement between the Company and the Customer.
12.3 Failure by either party to enforce a right does not result in a waiver of such right.
12.4 The Company shall be under no liability for any delay or failure to deliver or Store Goods or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
12.5 If any provision of these Terms shall be deemed unlawful, void, or unenforceable, then that provision shall be severable from these Terms and shall not affect the validity or enforceability of remaining Terms.
12.6 The Company may assign any of its rights under the Contract to any other party and any of its obligations under the Contract to any other party provided that such assignment does not prejudice the Customer’s rights under these Terms.
12.7 The Customer agrees that the Company may enter into any agreement with a subcontractor to carry out the whole or any part of the Contract and/or cause any part of the Goods to be Stored by or in the warehouse of a sub-contractor. For the avoidance of doubt the Company shall be liable for the acts and omissions of the subcontractor in the same manner and to the same extent as it is liable for its own acts and omissions under the Contract.
12.8 The Contract shall be governed by the laws of England and any dispute will be resolved exclusively in the courts of England.