Happy Self Storage Terms and Conditions
1. Introduction
These Conditions set out the rights and obligations of Happy Storage (“we”, “us” or “our”) and the Customer (“you” or “your”). These Terms and Conditions can only be changed with the prior written agreement of both Happy Storage and the Customer. We cannot provide insurance cover in relation to your goods and you should therefore consider whether you need separate insurance cover. Your attention is drawn to Clause 7 which sets out our liability in respect of your goods.
2. Quotation
2.1 Our quotation does not include unless otherwise stated, customs, duties, inspections or any other fees or taxes payable to any statutory body. Any such duties or fees will be payable by you in addition to the price stated in the quotation.
2.2 We reserve the right to amend the price stated in the quotation to take account of changes of circumstances which were not taken into account when preparing our quotation and are confirmed by us in writing. Such factors may include the following:-
2.2.1 We supply any additional services;
2.3 Our quotation does not constitute a contract and accordingly there is no contract between us until you have our written confirmation that we can store your goods on the required date.
3. Your Responsibilities
3.1 You must:-
3.1.1 declare in writing to us the value of the goods being stored and select either our Standard Liability or Limited Liability service as detailed in Clauses 7.1 and 7.2 overleaf prior to depositing your goods in store
3.1.2 empty, defrost and clean refrigerators and freezing equipment.
3.2 In addition you must provide us with contact details during the storage period
3.3 We will not be liable for any loss, damage, cost or additional expense that may occur as a result of your failure to fulfil these obligations unless by reason of our own negligence or breach of contract.
3.4 Ensure that only you and persons authorised in writing or accompanied by you have access to your storage unit
3.5 Provide a secure padlock for your unit and ensure it is locked at all times when you are not present and you must not leave your key or permit access to any person other than your agent.
3.6 You must permit us to enter the unit, if necessary by force if we believe the unit contains any items listed in Clause 5 or to mitigate a loss covered by this policy
4. Ownership of Goods
4.1 You confirm to us that the goods being stored are your property or that you have the authority of the owner to enter into this contract in relation to the removal of the goods.
4.2 You undertake to indemnify us for any claims and keep us indemnified against any claims resulting from any breach by you of Clause 4.1.
5. Excluded Goods
5.1 The following items are excluded from this contract and must not be stored;
5.1.1 prohibited, stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, compressed gases, aerosols, paints and firearms and ammunition, chemicals, radioactive materials or biological agents.
5.1.2 jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind;
5.1.3 any goods likely to encourage vermin or other pests or to cause infestation or contamination;
5.1.4 perishable items and/or those requiring a controlled environment or refrigerated or frozen food or drink;
5.1.5 animals, birds or fish or any other living creatures
5.2 If you submit any such goods without our knowledge we will make them available for your collection and if you do not collect such goods within a reasonable time we reserve the right to take further steps in relation to the disposal of any such goods. You must indemnify us against any additional charges, expenses, damages, costs or claims incurred by us as a result.
6. Payment
6.1 You must pay our charges so that we have cleared funds in advance of the storage.
6.2 You must not withhold any part of the agreed price.
6.3 We reserve the right to charge interest on overdue amounts.
6.4 Payment terms may only be varied with our written agreement in advance.
7. Our Liability for Loss or Damage
7.1 “Standard Liability”– If you have selectedour Standard Liability service as detailed in Clause 3.1.1our liability for negligence or breach of contract or otherwise under common law in relation to your goods is limited to the value declared to us under Clause 3.1.1.
7.2 “Limited Liability” – If you have selected our Limited Liability service as detailed in Clause 3.1.1 then storage of the goods in the unit is at your sole risk and our liability forloss or damage to your goods caused by normal perils, including as a result of our negligence will not exceed £50.
7.3 We are not liable on a “new for old” basis for any lost or damaged goods.
7.4 We shall not be liable to the extent that loss or damage is caused or contributed to by moving goods under your express instructions, against our advice, and in a manner which is likely to cause damage.
7.5 You must notify us as soon as reasonably possible of any damage to your property
8. Excluded Risks
8.1 We are not liable for the following:
8.1.1 Loss or damage to cars or other motor vehicles motor cycles and mopeds or the like and/or, boats and/or caravans
8.1.2 Electrical and mechanical derangement unless shown to be as a result of physical external damage to the item concerned or as a result of fire, lightning, aircraft, explosion, earthquake, riot, strike, civil commotion, malicious damage, storm, flood, burst pipes, escape of water or impact by vehicles
8.1.3 Loss or damage which occurs prior to the storage commencing.
8.1.4 Loss or damage to jewellery, watches, trinkets, precious stones, precious metals, coins, money, deeds, bonds, securities and stamps or collections of similar kind.
8.1.5 Loss or damage caused by wear and tear, gradual deterioration, warping or shrinkage, moth and/or vermin unless it can reasonably be demonstrated that such loss or damage arose as a result of our actions or failings of those of our subcontractors, agents or servants.
8.1.6 Any consequential loss.
8.1.7 Loss or damage to refrigerated or frozen food and/or drink, plants, house plants, brittle objects, items with inherent defects or inherent vice howsoever caused and/or goods likely to encourage vermin or other pests or to cause infection.
8.1.8 Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition.
8.1.9 Animals and their cages or tanks including pets, birds or fish.
8.1.10 Mysterious disappearance of goods in store unless evidence can be provided to prove beyond all reasonable doubt that the loss is solely attributable to the dishonesty or connivance of our employees
8.2 None of our employees will incur any separate liability to you.
8.3 If the value of your goods in store are, at the time of loss or damage, collectively of greater value than the value declared, then you will bear the equivalent proportion of the claim in the same ratio as the actual value exceeds the declared value.
8.4 Our liability is limited to the reasonable cost of repair and no claim will be considered in respect of any depreciation in value of any item as a result of such repair.
8.5 Where any item consists of items in a pair or set, we will not pay more than the value of any particular part or parts which may be lost or damaged, without reference to any special value which such part or parts may have as part of a pair or set, nor more than a proportionate part of the declared value of the pair or set.
8.6 Theft unless accompanied by forcible and violent entry or exit to the premises.
8.7 Accidental damage
8.8 Radioactive Contamination, chemical, biological or biological contamination or terrorism
9. Time Limit for Making Claims
You must notify us immediately of any loss or damage to your goods being noticed and you must then verify this in writing within 7 days of the original notification. If you fail to make a notification to us of such loss or damage we will not be liable.
10. Withholding or Disposal of the Goods
We have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other agreement between us. These may include any charges which we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by us as a result of withholding your goods and these Terms and Conditions will continue to apply.
11. Storage Charges
We may change our storage charges and you will be given 28 days notice of any such change in advance in writing.
12. Applicable Law
These Terms and Conditions are subject to the Law of England and Wales.
13. Whole Agreement
These Terms and Conditions together with our quotation form the whole agreement between us and all other correspondence or oral discussions or representations are excluded.
14. Termination
We may terminate this contract within 10 working days in writing. If you wish to terminate this agreement while your goods are in storage you must give 28 days notice in writing, email is fine. You remain liable for charges for storage up to the date of release of the goods to you or the notice period, whichever is the greater.
On termination of this agreement you must remove all goods from the unit and leave the unit clean and tidy and in the same condition as the commencement date. We may charge you if at our sole discretion we decide that it is necessary to clean the unit or dispose of any goods or rubbish left in the unit or on the site. You agree to examine the goods carefully upon removing them from the unit and must tell us about any loss or damage to the goods before leaving the site.
We may treat any goods remaining in the unit after termination as abandoned and may dispose of them in accordance with condition 5.2.
15. Non Payment of Storage Charges
If you do not pay the Storage Charges on the Due Date or the late payment charge or either, we may exclude you from the Site and from the Unit(s) and we may break the lock on the Unit and install a new lock, whether or not we have exercised our right to terminate this Agreement. Exercising our right to exclude you from the Site and the Unit does not affect your obligation to pay any unpaid or future Licence Fees or late payment charges. In the event that you do not pay any Fees or charge, the Goods are left in the Unit at your sole risk. We exclude any liability in respect of the Goods when payment of Our Fees or charges is overdue and exclude any duty of care howsoever arising.
If any part of the Licence Fees or the late payment charge is still outstanding one month after the Due Date then we may at our absolute discretion:-(i) give you written notice that we will remove some or all of the goods in the Unit if you have not paid all outstanding amounts due in full within 72 hours of the posting of that notice by us to you at your address set out in the Schedule; (ii) on expiry of the notice (i), sell the goods on your behalf and pass good title to them and first use the proceeds of sale to discharge any outstanding Storage costs and other charges due to us or costs incurred in connection with such sale. If the proceeds of sale are insufficient to discharge your outstanding liability to us then you will remain liable for the balance and we may take any action we consider necessary to recover the outstanding amounts. The customer shall be entitled to claim the balance (if any) remaining thereafter.