RENTCONTAINER SELF STORAGE AGREEMENT
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J. T. Leavesley (Alrewas) Limited trading as
LCS CONTAINER SERVICES & RENTCONTAINER.COM
Lichfield Road, Branston, Burton-on Trent, Staffs. DE14 3HD
Telephone: (01283) 537382-www.rentcontainer.com-Fax: (01283) 511740
(Hereinafter referred to as Rentcontainer)


1. Hire charges commence on the date of collection of the keys to the container(s) and cease on the date the container(s) is emptied, left in a tidy condition and the keys returned. At completion of hire, 7 days notification is required for termination of this hire agreement. If the notice period of 7 days is not given, the notice period shall begin as of when the keys are returned. The minimum hire term is 30 days.

2. Rentcontainer may terminate this agreement upon 30 days written notice.

3. Hire charges are per container, per day, based on a seven day week, and are invoiced monthly in advance. Where additional services are arranged by Rentcontainer such charges will be included on the initial invoice.

4. Payment Terms: Hire charges are payable monthly by direct debit. Should our payment terms not be adhered to, the right is reserved to apply a credit charge in respect of any amount overdue for payment of 8% per annum over the lending base rate of HSBC Bank plc. In addition, Rentcontainer reserves the right upon giving you 28 days prior written notice to terminate the agreement and withhold or ultimately dispose of any of your goods stored in the container(s) until you have paid our charges. In such circumstances you will be liable for continuing hire charges until your account is cleared.

5. Upon termination of this agreement the Customer shall at once remove all goods from the container(s). If the Customer fails to do so within 48 hours, it agrees that Rentcontainer or its agents may do so. The Customer authorises Rentcontainer at its option to place such goods at any premises apparently occupied by the Customer or to sell such goods, applying the proceeds to the payment of any charges due from the Customer to Rentcontainer.

6. It is the Customer’s responsibility to be satisfied that the container(s) is adequate and suitable for the Customer’s intended storage use. In particular the Customer should be aware that whilst the containers are watertight, dampness and condensation can and does occur and no liability is accepted by Rentcontainer for damage or deterioration of the Customer’s goods whilst in storage.

7. No fly-tipping, littering or temporary storage of the Customer’s goods at the site outside of the container(s) is permitted at any time. Closed circuit television is in operation at the site and the costs of any tidying, cleaning up and disposal of litter or goods will be chargeable to the Customer.

8. The Customer acknowledges that they have read, understood and accept the terms and conditions set out above.

STORAGE:

1. So long as all fees are paid up to date, Storer: (a) is licensed to store Goods in the Unit allocated to Storer by Rentcontainer from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.

2. Rentcontainer: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian nor a warehouseman of the Goods and Storer acknowledges that Rentcontainer does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit.

COST:

3. Storer must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after 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 cheque or electronic transfer within 21 days of termination of this Agreement.

4. Storer is responsible to pay: (a) the Storage Fee (being the amount set out in the cover sheet or as most recently notified to Storer by Rentcontainer) payable in advance on the first day of each storage period (28th) and it is Storer's responsibility to see that payment is made directly to Rentcontainer on time and in full throughout the period of storage. Rentcontainer does not normally bill for fees. Any Storage Fees paid by direct debit will not be credited to Storer’s account unless the Storer identifies the payment clearly and as directed by Rentcontainer and Rentcontainer shall have no liability to and shall be indemnified by Storer if Rentcontainer takes steps to enforce the Agreement (including the sale of Goods) due to the Storer’s failure to identify a payment. Rentcontainer will not accept that payment has been made until it has received cleared funds and, if a cheque or direct debit is dishonoured, may charge the Cheque Return Fee; (b) the Cleaning Fee, to be invoiced at Rentcontainer’s discretion as per clause 19; (c) a Late Payment Fee each time a payment is late; (d) any costs incurred by the Rentcontainer in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees; and (e) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where Storer has more than one agreement with Rentcontainer, all will form one account with Rentcontainer and Rentcontainer may in its sole discretion elect to apply any payment made by or on behalf of Storer on this agreement against the oldest Debt due from Storer to Rentcontainer on any agreement in the account.

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:

5. Rentcontainer takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 35, if any sum owing to Rentcontainer is not paid when due, Storer authorises Rentcontainer without further notice to: (a) refuse 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 it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Storer for all reasonable costs of doing so on any number of occasions; and (c) 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 in accordance with Condition 7. Storer acknowledges that (a) Rentcontainer 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) Rentcontainer will sell the Goods as if Rentcontainer was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Storer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Storer has received will be payable by Storer in full.

6. On expiry or termination of this Agreement, if Storer fails to remove all Goods from the Unit, Rentcontainer 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. Storer is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt).

7. Before Rentcontainer sells or disposes of the Goods, it will give Storer notice in writing directing Storer to pay (if 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 Storer to Rentcontainer in writing and by email if you have elected not to receive traditional mail. If no address within the UK has been provided, Rentcontainer will use any land or email address it holds for Storer and any ACP. If Storer fails to pay the Debt and/or collect the Goods (as appropriate) Rentcontainer will access your space and begin the process to sell or dispose of the Goods. Storer consents to and authorises the sale or disposal of all Goods without further notice regardless of their nature or value. Rentcontainer will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. Rentcontainer may also require payment of default 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, Storer must pay Rentcontainer the balance within 7 days of a written demand from Rentcontainer. Rentcontainer may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from Storer, Rentcontainer will hold the balance for Storer but no interest will accrue on it.

9. If, in the opinion of Rentcontainer and entirely at the discretion of Rentcontainer, 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, Storer authorises Rentcontainer to treat the Goods as abandoned and Rentcontainer may dispose of all Goods by any means at Storer’s cost. Rentcontainer may dispose of Storer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the Rentcontainer, severely damaged, of no commercial value, or dangerous to persons or property. Rentcontainer does not need the prior approval of Storer to take this action but will send Notice to 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 Rentcontainer’s discretion be moved, sold or disposed of immediately with no liability to Rentcontainer.

ACCESS:

11. Storer has the right to access the Unit during Access Hours as posted by Rentcontainer and subject to the terms of this Agreement. Rentcontainer 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 Storer or others authorised or accompanied by Storer (its Agents) may access the Unit. Storer is responsible for and liable to Rentcontainer and other users of the Facility for its own actions and those of its Agents. Rentcontainer may (but is not obliged to) require proof of identity from Storer or any other person at any time and, at Rentcontainer’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.

13. Rentcontainer may refuse Storer access to the Unit and/or the Facility where moneys are owing by Storer to Rentcontainer, whether or not a formal demand for payment has been made, or if Rentcontainer considers the safety or security of any person, unit or goods on or at the Facility will be put at risk.

14. Storer should not leave a key with or permit access to the Unit to any person other than its own Agent who is responsible to Storer and subject to its control. If Storer does so, it does so at its own risk.

15. Storer authorises Rentcontainer 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 Rentcontainer believes the Unit is being used to store prohibited goods or for a prohibited purpose; or if Rentcontainer 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 Rentcontainer’s lien or power of sale or disposal in accordance with this Agreement.

CONDITIONS:

16. 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. Rentcontainer will not be responsible for locking any unlocked Unit. Storer is not permitted to apply a padlock to the Unit in Rentcontainer’s overlocking position and Rentcontainer may have any such padlock forcefully cut off at Storer’s expense. Where applicable, Storer will secure the external gates and/or doors of the Facility.

17. 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; and (i) items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value. Storer will be liable under Condition 28 for any breach of this Condition 17.

18. 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 Rentcontainer 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 Rentcontainer 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 Rentcontainer; 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. Storer must maintain the Unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness of or damage to the Unit or Facility, Rentcontainer will be entitled to retain the Deposit, 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. Storer must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Rentcontainer of any damage or defect immediately it is discovered and comply with the reasonable directions of Rentcontainer’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as Rentcontainer shall issue periodically.

21. This Agreement does not confer on Storer any right to exclusive possession of the Unit and Rentcontainer reserves the right to relocate Storer to another Unit not smaller than the current Unit (a) by giving 14 days’ 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, Rentcontainer will pay Storer’s reasonable costs of removal if approved in writing by Rentcontainer in advance of removal. If Storer does not arrange removal by the date specified in Rentcontainer’s notice, then Storer authorises Rentcontainer and its agents to enter 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). Following removal this agreement will be varied by 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. 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. Rentcontainer makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.

23. Rentcontainer may refuse to permit Storer to store any Goods or require 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. Storer must give Notice to the Rentcontainer in writing of the change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change. Storer agrees Rentcontainer is entitled to discuss any default by the Storer with the ACP registered on the front of this Agreement.

RISK AND RESPONSIBILITY:

25. Rentcontainer will not be liable for any loss or damages suffered by 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 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’. Rentcontainer excludes all liability in respect of loss or damage to (a) Storer’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods above the sum of £100, which Rentcontainer considers to be the normal excess on a standard household policy whether or not that policy would cover the Goods. Rentcontainer 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 Rentcontainer, its agents and/or employees.

27. Rentcontainer does not insure the Goods and it is a condition of this Agreement that the Goods remain insured at all times while they are in storage against all Normal Perils for their Replacement Value (as set out on the cover sheet). 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. Rentcontainer does not give any advice concerning insurance cover given by any policy and Storer must make its own judgment as to adequacy of cover even when facilitated by the Rentcontainer. Inspection of any insurance documents provided by Storer to demonstrate cover does not mean Rentcontainer has approved the cover or confirmed it is sufficient.

28. Storer will be liable for and compensate Rentcontainer for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Rentcontainer 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 Storer or any of its Agents or (c) enforcement of any of the terms of this Agreement.

29. 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 Storer, and includes any and all Liabilities resulting from such a breach.

30. If Rentcontainer has reason to believe that Storer is not complying with all relevant laws Rentcontainer may take any action it believes to be necessary, including but not limited to the action 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 Storer’s expense. Storer agrees that Rentcontainer may take such action at any time even though Rentcontainer could have acted earlier.

31. In respect of circumstances outside Rentcontainer’s reasonable control, Rentcontainer 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, Rentcontainer will not be responsible for failing to allow access to the Goods, Unit and/or the Facility for so long as the circumstances continue. Rentcontainer will try to minimise any effects arising from such circumstances.

PERSONAL INFORMATION

32. Rentcontainer collects information about Storer on registration and whilst this Agreement continues, including personal data (Data). Rentcontainer processes Data in accordance with the Data Protection Act 1998 and uses it to process payments, communicate with Storer and generally maintain Storer’s account. Rentcontainer may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which Rentcontainer is a member. If Storer applies for Rentcontainer’s insurance, Rentcontainer 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. Rentcontainer 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 Rentcontainer considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if Rentcontainer 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 Rentcontainer’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 Rentcontainer 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.


TERMS AND CONDITIONS


STATUS

1. This document (Amendment) is an amendment to the standard storage contract(s) referred to above (Standard Agreement).

2. Except for the amendments set out in this Amendment, all terms and conditions of the Standard Agreement continue to have full force and effect.

3. All terms defined in the Standard Agreement shall have the same meanings when used in this Amendment.

SERVICE

4. Subject to the terms and conditions of this Amendment, Rentcontainer has agreed to keep a key to the Unit (Service).

5. Rentcontainer agrees to provide the Service so long as the Storer is paying for the Unit.

6. The Storer agrees and consents to the terms and conditions set out in this Amendment.

7. Storer agrees to pay for the Service and to indemnify the Rentcontainer for any loss arising to the Rentcontainer as a result of the Rentcontainer providing the Service (see section entitled Risk and Responsibility below).

8. Rentcontainer is a bailee of the Goods for so long as it provides the Service and the Standard Agreement shall be amended accordingly.

TERMINATION

9. Rentcontainer reserves the right to discontinue offering this service by giving one (1) month’s notice to Storer.

10. Storer may terminate the service and this Amendment by giving written notice to Rentcontainer and acknowledges this Amendment and the Service will terminate automatically on termination of the Standard Agreement.

11. In the event of termination of the Service, unless the Storer collects the key in person by arrangement with the Rentcontainer, Rentcontainer will return the key to the postal address referred to above or the last notified postal address if a change has been notified.

COST

12. The Storer agrees to pay the fee for the Service (Service Fee) at the rate set out above or as amended from time to time. The Service Fee is payable with the Storage Fee on each relevant Due Date.

13. Rentcontainer’s remedies for non-payment of the Service Fee are the same as for non-payment of the Storage Fee under the Standard Agreement.

RISK AND RESPONSIBILITY

14. Rentcontainer shall hold the key for the Storer in a safe location and shall only release the key to the Storer (a) in person at the Facility against proof of identity or (b) by post in accordance with Condition 11.

15. Rentcontainer will not release the key to any person other than the Storer unless Rentcontainer is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order.

16. Rentcontainer may use the key to access the Unit in the following circumstances: (a) to place deliveries for the Storer into the unit or to access it as otherwise requested by the Storer; (b) 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; (c) 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 (d) if Rentcontainer believes the Unit is being used to store prohibited goods or for a prohibited purpose; or (e) if Rentcontainer 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 (f) to relocate the Goods or exercise Rentcontainer’s lien or power of sale or disposal in accordance with the Standard Agreement.

17. Even though Rentcontainer is a bailee of the Goods, all of the risk and responsibility provisions and insurance obligations in the Standard Agreement apply during the provision of the Service. The Goods are stored at the sole risk and responsibility of 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 the negligence of Rentcontainer, its agents and employees or breach of contract. Rentcontainer excludes all liability in respect of loss or damage to (a) Storer’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods above a sum equal to the lesser of market value of the Goods and £500.

18. The Storer agrees to indemnify and keep indemnified the Rentcontainer from all claims relating to any loss or damage to property or personal injury suffered by the Rentcontainer or its employees or third parties resulting from or incidental to the provision of the Service.

AMENDMENT

19. Rentcontainer may vary the Service Fee or other terms of this Amendment and add new terms and conditions as long as such modifications are notified to Storer in writing. The modified terms will take effect 28 days after the date of Rentcontainer’s notice. Storer may terminate without charge before the change takes effect by giving notice in writing. Otherwise, Storer’s continued use of the Service will be considered as acceptance of and agreement to the amended terms.

LAW

20. This Amendment 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 Amendment 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.

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