1. U Store (‘the company’) undertakes all services subject solely to the following conditions, which can be varied only in writing by the company.
2. (i) The Customer warrants that it is either the owner of the goods or is authorised by the owner to accept these Conditions on the owner’s behalf. (ii) The Customer further warrants and undertakes that:-(a) When presented for storage such goods are not of a dangerous nature, do not have any dangerous characteristics, are not stolen goods or drugs and otherwise will not contaminate or otherwise damage or effect the Company’s or other goods stored therein or not emit any fumes or odours. The goods shall be adequately packed and not of a perishable nature or include any plant / animal or other living creature.(b) All goods are stored at its sole risk and expense and it shall insure the Goods against all insurable risk at full replacement value.(iii) The customer is required to inspect the Container prior to commencing storage and inform the Company if he believes it to be damaged or unsuitable for his requirements in any way. Otherwise the Container will be deemed to be in good condition at the commencement of storage.
(iv) The Customer shall not:
a) use the Container to do or suffer anything on the Company’s premises which is or may become a nuisance to the Company’s employees or customers.
b) cause any damage to the Container or to the property or possessions of the Company or other customers.
c) cause any disruption or undue hindrance within the Company’s premises.
3. (i) The Company does not insure the Goods and the Customer should make
arrangements to cover the Goods against all insurable risk to the full replacement value thereof.
(ii) The Company shall not be liable for any loss, damage or injury to the Customer’s Goods (except insofar as liability cannot be excluded in terms of The Unfair Contract Terms Act 1977) or unless such loss, damage or injury shall have arisen as a result of the negligent act or default on the part of the Company or its employees in which case our liability will be assessed as a sum equivalent to the cost of repair or replacement, which ever is the lesser sum taking into account their age and condition immediately prior to their loss or damage.
(iii) The Company shall not be liable for any claims unless it has been notified in writing to the Company within 21 days of the cause of the claim coming to the Customer’s knowledge or of the Goods being removed by the Customer, whichever is the later.
(iv) The benefit of these Conditions shall extend to all the employees from time to time of the Company, who shall each be entitled to every right, defence and exemption or limitation of liability to which the Company is entitled hereunder.
4. (i) In any of these circumstances referred to in paragraph 4 (ii) hereof, and otherwise with written consent of the Customer, the Company shall be entitled to arrange for any part of the service to be performed by other contractors, and in this event these terms and conditions shall apply to such services.
(ii) The circumstances referred to in paragraph (i) hereof are storm, flood, fire, riot, industrial dispute, labour disturbance or any other emergency reasonably requiring such action by the Company.
5. (i) The Customer shall reimburse all duties and taxes that the Company may be required to pay in respect of the goods.
CHARGES, PAYMENTS AND LIEN
6. The Company’s charges, which may be increased from time to time by at least 21 days prior notice to the Customer, shall be payable in advance in respect of each complete period of 4 weeks or part thereof (being a minimum period of one week) plus VAT payable in respect of each complete period of four or part thereof (being a minimum of one week) during the period of storage and in any event for the duration of this agreement. The Company shall not be bound to allow the removal by the Customer or a person authorised by the Customer of the Goods from the Company by the Customer before all amounts due to the Company have been paid. Interest on amounts due and unpaid shall be payable from the date when payments of such amounts fell due and shall be calculated on a daily basis at the rate of 8 per cent per annum. Further, the Company shall have a general as well as a particular lien on the Goods for the payment of all amounts due from the Customer on any account during the whole period of the exercise of such lien the Company may continue to charge its four weekly storage charges or part thereof (being a minimum period of one week).
7 (i) Subject to condition 8, the Customer and any person preauthorised shall be entitled during the currency of the Agreement (but not thereafter) to have access to the Container.
(ii) The Company reserves the right to enter the Container without the Customer’s permission and to remove all or any of the goods stored in the Container for the purpose of inspection, cleaning and repairs to the Container or in an emergency or to remove prohibited items.
8 (i) The Goods shall be removed by the Customer from the custody or control of the Company at such dates as may have been agreed between the parties. In the absence of such agreement, and otherwise where reasonably necessary, the Company may at any time by notice in writing to the Customer require removal of the Goods within 21 days from the date of such notice.
On termination of the Contract the Customer must remove all goods from the Container and leave it in the same condition as at the commencement date. The Company may charge the Customer at its own discretion if it decides it is necessary to clean or repair the container or dispose of any goods or rubbish left.
(ii) In the event of failure by the Customer to pay any amount to the Company or to remove any of the Goods from the custody or control of the Company (notice in accordance with 9 (i) having been given) at all due time, the Company may, without preducdice to its other rights and remedies against the Customer give notice in writing to the Customer of the Company’s intentions to sell or otherwise dispose of the Goods at the Customer’s entire risk and expense if such amount is not paid and/or such Goods are not removed within 21 days, on the expiry of such period, if such payments have not been made and/or the Goods have not been moved so the Company shall be entitled to sell or otherwise dispose of all or any part of the Goods at the Customers entire risk and expense by the best method reasonably available, and the proceeds of any sale or disposal shall be remitted to the Customer after deduction therefrom of all expenses and all amounts due to the Company from the Customer on any account.
9. The Company shall be relieved of its contractual obligations to the extent of their performance is prevented by, or their non-performance is the direct or indirect consequence of the act, neglect, or default of the Customer, including any breach by the Customer of the warranties contained in condition 2, or by storm, flood, fire, explosion, riot, industrial dispute, labour disturbances or other cause beyond the reasonable control of the Company.
10. The Company reserves the right to refuse to accept, handle, store or carry any goods and acceptance for storage shall not imply any warranty as to fitness for storage.
11. The Customer shall not be entitled to set off any amount due to it by the Company against any payments which are due by it to the Company under the Agreement or otherwise.
12. This Agreement is personal to the Customer and shall not otherwise transferred by the Customer without prior written consent of the Customer.
13. Any notice or statement of account given by the Company to the Customer shall be duly given if left or sent by registered or recorded delivery to the last known address of the Customer and such notice and account shall if posted be deemed to have been given two week-days after posting.
14. These conditions shall prevail over any terms or conditions contained in the Customer’s order, acceptance or other communications and shall be deemed to have been accepted by the Customer in preference to such other conditions, unless the Customer has notified the Company specifically in writing of any proposed variation of these conditions and such variation has been agreed specifically in writing by the Company.
15. All contract between the Company and the Customer shall be governed in all respect by The Law of Scotland and the Customer hereby submits to the exclusive jurisdiction of the Scottish Courts.