Terms and Conditions of Space Station Agreement to Store Goods.
1. In these terms and conditions, the following words have the following
Access Hours the hours We permit You to access the Room
This Agreement these terms and conditions and the information set out
Start Date the date specified herewith.
Deposit the amount specified herewith.
Due Date the date specified herewith for the first four weeks of
storage and the corresponding date for each following
period of four weeks.
The Goods anything You store in the Room at any time during this
Minium Period The Minium Period of storage is four weeks.
Our Fees the amount specified on your invoice plus any Other
Charges which shall also be paid by You where it is or it
becomes applicable plus any VAT which is or may become
Other Charges our fees for the sale of insurance, general merchandise,
and any other service We agree to provide to You and
any VAT payable that may be incurred by You from time to
Prompt Payment in respect of the payment of each and every sum due
under this Agreement, payment on the Due Date or
within three working days afterwards, and in respect of
any sum being due under any other agreement between
You and Us, payment within seven days of that sum being
demanded in writing.
Store the premises in which the Room is situated.
Termination Date the date of termination of this Agreement in accordance
with Condition 26.
Notice Period the number of days specified herewith.
Room the storage room specified herewith or any alternative
storage room we may specify under Condition 11.
We, Us, Our A Space Station plc (Space Station).
You,Your the customer named herewith.
Authorised Persons Any person in possession of the key to a Room who is
able to provide Your name and address and the number
of the Room.
2. So long as Our Fees are paid up to date, we licence You, but no other person:
2.1.1 to Use the Room for the storage of Goods in the Room in
accordance with this Agreement from the Start Date until this
Agreement is terminated; and
2.1.2 to have access to the Room at any time during the Access
Hours only for the purposes of depositing, removing, substituting or
inspecting the Goods and Your regular inspection of the Room for
damage or unsuitability for the Goods. No access to the Room will be
permitted for any other purposes or outside Access Hours.We will
try to provide advance warning of changes in Access Hours by notices
at the Store, but we reserve the right to change Access Hours to
other reasonable access times at any time without giving any prior
3. Only You and persons authorised or accompanied by You ("Authorised
Persons") will be allowed to have access to the Room. Any such person is Your
agent for whose actions You are responsible and liable to Us and to other users
of Rooms at the Store. We may ask for proof of identity from You or any other
person at any time (although We are not obliged by this Agreement or otherwise
to do so) and We may refuse access to any person (including You) who is unable
to provide satisfactory proof of identity if requested to do so. We may refuse You
or Your agents access at any time if We consider in our sole discretion that the
safety of any person at the Store, or the security of the Room or its contents, or
other Rooms or their contents will be put at risk.
4. You are responsible for providing a secure padlock for the Room and You must
ensure that the Room is locked so as to be secure from unauthorised entry at all
times when You are not in the Room.We will not be responsible for locking any
unlocked Room.You should not leave Your key with or permit access to Your
Room to any person other than Your own agent who is responsible to You and
subject to Your control and if You do so, it is at your own risk whether or not
any such person is our employee or agent.We do not accept any liability for any
person including our employee or agent holding Your key and having access to
Your Room and any such person acts as Your agent only.
5. You permit Us and Our agents and contractors to enter the Room and
if necessary we may break the lock to gain entry:-
5.1. if We give You not less than seven days' notice so that
We may inspect the Room or carry out repairs, maintenance and
alterations to it or any other Room or part of the Store;
5.2 . at any time without notifying You
5.2.1. if We reasonably believe that the Room contains any items described in Condition 8 or is being used in breach of Condition 9
5.2.2 . for the purpose of ascertaining whether the Room contains
any items described in Condition 8 or if We reasonably consider that
such entry is necessary to ascertain whether action needs to be
taken to prevent injury or damage to persons or property
5.2.3. if we are required to do so by the Police,Customs, Fire
Services, Local Authority or by a Court Order
5.2.4. for any purpose including that in Condition 5.1, if We believe
it is necessary in an emergency
5.2.5. to obtain access in accordance with Condition 11 or
5.2.6. to obtain access in accordance with Our powers pursuant to
condition 18 or
5.2.7. to prevent injury or damage to persons or property.
6. You warrant that throughout this Agreement, the Goods in the Room from
time to time are Your own property or that the person who owns or has an
interest in them has given You irrevocable authority to store the Goods in the
Room on the terms and conditions in this Agreement and that You act as a duly
authorised agent of any such person.You indemnify Us against any loss or
damage suffered by Us for breach of this warranty including against any loss,
damage or expenses incurred by Us (including any reasonably incurred legal fees)
arising from any step or action taken by any person who owns or has an interest
in the Goods.
7. We reserve the right to refuse to permit You to store any Goods or require
You to collect any Goods from the Room if in Our opinion the safety of any
person at the Store, or the security of the Room or its contents, or other Rooms
or their contents would be put at risk by the storage or continued storage of any
8. You must not store (and You must not allow any other person to store) any of
the following in the Room
8.1. food or perishable goods, unless securely packed and approved by
Us so that they are protected from and do not attract vermin
8.2. plants, birds, fish, animals or any other creatures
8.3. combustible or flammable materials or liquids such as gas, paint,
petrol, oil or cleaning solvents
8.4. firearms, weapons, ammunition, explosives or the components
8.5. chemicals, radioactive materials, biological agents
8.6. toxic waste, asbestos or other materials of a potentially
8.7. any item which emits any fumes, smell or odour
8.8. any illegal substances, illegal items or goods illegally obtained
8.9. compressed gases
This is not an exhaustive list and we may add to this list
of prohibited at any time by displaying a notice at the Store.
9. You must not (and You must not allow any other person to)
9.1. use the Room or do anything at the Store or in the Room
which may be a nuisance to Us or the users of any other Room or
any person at the Store
9.2. do anything at the Store or in the Room which may invalidate
any of our insurance policies or those of other Room users or
increase the premiums payable on them
9.3. use the Room as offices or living accommodation or as a home
or business address and not use the address of the Store or the
Room for receiving or sending mail
9.4. spray paint or do any mechanical work of any kind in the Room
9.5. attach anything to the internal or external surfaces of the Room
or make any alteration to the Room
9.6. allow any liquid, substance, smell or odour to escape from the
Room or any noise to be audible or vibration to be felt outside the
9.7. cause any damage to the Room or any other Room or the
Store or its facilities or to the property of Us or any other Room
users or other persons at the Store and if You cause any damage You
must (at our option) repair, restore or replace such damage or item
or reimburse the costs of making necessary repairs, restoration or
replacement or make proper compensation
9.8. leave anything in or cause any obstruction or undue hindrance
in any passageway, stairway, service area or other part of the Store
and You must at all times exercise courtesy to others and reasonable
care for Your own safety and that of others in using these areas
9.9. leave any waste or refuse that is created by storing the Goods
and You will be charged the reasonable costs of disposing of such
waste or refuse if You fail to comply with this undertaking; or
9.10. connect or provide any utilities or services to the Room
unless authorised in advance in writing by Us.
10. You must (and You shall procure that Your agents must)
10.1. use reasonable care when at the Store or in the Room
and take all reasonable care in respect of the Room, the Store, and
the property of Us or any other Room users or other persons at the
10.2. inform Us immediately of any damage or defect to the Room
10.3. comply with the reasonable directions of any of Our employees,
agents and contractors at the Store and any further regulations for the
use, safety and security of the Room and the Store which We may issue
from time to time
10.4. pay for the reasonable cost of repairs or cleaning or making good
to Your Room or Our Store, of any damage caused by You or Your
agents, including but not limited to Your removal, haulage or delivery
11. This Agreement shall not confer on You any right to exclusive possession
of the Room.
11.1. We may at any time, by giving You seven days' written notice,
require You to remove the Goods from the Room to another Room
specified by Us, which shall not be smaller than the current Room.
11.2. We agree to pay Your reasonable costs of removal which have
been approved in writing by Us in advance of the removal.
11.3. if You do not arrange the removal of Goods to the alternative
Room by the date specified in Our notice,We and Our agents and
contractors may enter the Room and remove the Goods. In doing so,
We and Our agents and contractors will act as Your agent and the
removal will be at Your risk (except for loss or damage caused wilfully
or negligently by Us and Our agents and contractors, subject to the
aggregate limit of Our liability contained in Condition 21).
11.4. if the Goods are moved to an alternative Room, this
Agreement will be varied by the substitution of the alternative Room
number but shall otherwise continue in full force and effect and Our
Fees at the rate set out herewith will continue to apply to Your Use of
the alternative Room.
12. You must pay Us Our Fees for the Minimum Period of storage on signature
of this Agreement and thereafter must pay Our Fees on the Due Date.
13. We may alter Our Fees at any time by giving You written notice and the new
Fees shall take effect on the first Due Date occurring not less than four weeks after
the date of Our notice.
14. If You do not pay Our Fees ten days after the Due Date,You must pay Us an
administrative charge for late payment (the "Late Charge"). Current Late Charge
rates are displayed in the Store.
15. On each occasion any payment is dishonoured, at Our option You must pay
Us an administrative charge. Current administrative charges are displayed at the
Store. Once a cheque has been dishonoured We may at our discretion refuse to
accept further payment in this form and require settlement of Your outstanding
account by cash, debit card or credit card.
16. Additionally,You may be required to pay Us interest on all amounts overdue
for payment from You at the rate of 3% above the base rate of NatWest Bank PLC,
calculated from the date when payment becomes due up to and including the date
of actual payment including all accrued interest, whether or not We exercise the
right of sale under this Agreement.
17. You must pay Us the Deposit on Your signature of this Agreement.The Deposit
will be returned to You (without interest) after this Agreement terminates, less any
amount We may in Our sole discretion deduct to cover
17.1.1 any breach of our conditions
17.1.2 any of Our Fees which have not been paid or any
unpaid removal or other charges; or
17.1.3 any other obligation to Us that You have not performed.
17.2. We reserve the right to deduct or withhold from the Deposit any
sums accruing in respect of repairs or cleaning or the making good of
Your breach of this Agreement or the Conditions which We consider is
required as a direct or indirect result of the storage of the Goods
within the Store, in order to bring the Store up to substantially the
same standard and condition as it was at the Start Date and any sums
accruing in respect of removal costs or any arrears of Our Fees.
17.3. We will refund the Deposit to You within 14 days of the
Termination Date. Any such refund will be by company cheque No
refunds will be given by cash monies.
18. The Prompt Payment of each and every sum (including interest) whether
invoiced or not, owing from You to Us from time to time under this Agreement or
any other agreement between You and Us (in this Condition called "Your Debt") is
of the essence of this Agreement.
18.1. the terms of this Condition are additional to and without
prejudice to all or any rights We may have at common law or
18.2. in the event of a default of the Prompt Payment of Your Debt:
18.2.1. We are relieved of any duty howsoever arising in
respect of the Goods; and
18.2.2. the Goods are held solely at Your risk and We' shall
be able to immediately exercise the lien described below.
18.3. We have a lien over the Goods for Your Debt until payment of Your
Debt in full has been received by Us in cash or, if by cheque, until the
cheque has been paid and cleared by Your bank and after this lien
becomes exercisable by Us, the following Conditions shall apply.
18.4. You shall pay Us fees and charges at the same rates as under this
Agreement and if this Agreement has been terminated, the relevant rate
at which such fees and charges will be payable by You will be the rate
which was payable immediately prior to termination; and
18.5. in default of the Prompt Payment of Your Debt,You authorise Us.
18.5.1 to refuse You and Your agents access to the Goods,
the Room and the Store;
18.5.2. to enter the Room and inspect and remove the Goods to
another Room or Store;
18.5.3. to hold onto and/or ultimately dispose of some or all
of the Goods.
18.6. in the event that Your Debt is not paid 30 days after the Due Date
or You fail to collect the Goods after We have required you to collect
them or upon expiry or termination of this Agreement,We may, subject
18.8, sell the Goods and pass all ownership to them and use
the proceeds of sale to pay first the costs incurred by Us in the sale and
removal, and secondly in paying Your Debt and to hold any balance for
You. Interest will not accrue to You on the balance.
18.7. if the proceeds of sale are insufficient to discharge all or any part
of the costs of sale incurred by Us and Your Debt,You must pay any
balance outstanding to Us within seven days of a written demand from
Us, which will set out the balance remaining due to Us after the net
proceeds of sale have been credited to You. Interest will continue to
accrue on Your Debt until payment has been made.
18.8. before We sell the Goods,We will give You notice in writing by
registered or recorded delivery post at Your address herewith or any
address in England and Wales notified by You to Us in writing prior to Our
notice, the amount of Your Debt at the date of the notice and directing
You to pay and that in default of payment within 10 days of the date of
the notice,We will sell the Goods.We do not agree to give You any
further notice of any intended sale.
18.9. We will sell the Goods by the best method(s) reasonably
available to achieve the best selling price reasonably obtainable
in the open market, taking into account the costs of sale.
18.10. if the Goods cannot reasonably and economically be sold
(for any reason whatsoever) or they remain unsold despite Our
efforts,You authorise Us to treat them as abandoned by You and
to destroy or otherwise dispose of them at Your cost.
19. Because the nature and type of the Goods being stored by You from time
to time is entirely within Your discretion (subject to Condition 8 and 9):
19.1. You must ensure that the Room is suitable for the storage of the
Goods that You store or intend to store in it.We do not warrant or
represent that any Room allocated to You is a suitable place or means
of storage for any particular goods.We strongly advise You to inspect
the Room before storing Goods in the Room and from time to time
throughout the period of this Agreement.
19.2. You must ensure that when the Goods are presented for
storage, they will be secureLy and properly packed and in such
condition as not to cause damage or injury to the Store or to any
other property, whether by spreading damp, infestation, leakage or the
escape of fumes or substances or otherwise howsoever; in addition,
the Goods will not be perishable unless Condition 8.1 applies or
include any animal or other living creature.
19.3. We do not inspect the Goods when they arrive at the Store and
We do not keep any records concerning, or any inventory of the Goods,
nor do We have any knowledge of their nature, condition or state of
19.4 All Room sizes are approximate and We accept no
responsibility for their accuracy. In agreeing to our fees You accept it
applies to the Room You occupy and not any Room represented.
20. In the event that You do not pay any Fees or charges, the Goods are left in the
Room 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
21. We do not insure the Goods.
21.1. Storage of Goods in the Room is at Your sole risk.
21.2. You warrant to Us as follows:
21.2.1. that prior to bringing the Goods into the Store You
have insured or will insure the Goods against all normal perils
under a valid contract of insurance with a reputable insurance
company for their full replacement value and will not cause or
allow that insurance cover to lapse whilst the Goods or any
of them remain at the Store; and
21.2.2. that You will upon our request provide Us with
Your proof of insurance which you intend to rely on in the
event of a claim and that such a request does not indicate
that it is valid or has been approved by Us.
21.2.3. that the insurance cover will not be for a sum
which is lower than replacement value of the Goods
stored in the Room from time to time and that the
insurance cover is at the same level of value as that
21.3. We offer You the opportunity to take out insurance using a
policy available through Us.
21.4. You may apply for such insurance by completing a separate
21.5. We do not give any advice concerning such insurance and it is
for You to make Your own judgement whether such insurance is
appropriate to cover the Goods and risks to them.
21.6.We exclude all liability in respect of loss or damage relating to
Your business, if any, including consequential loss, lost profits or
business interruption, and all liability in respect of loss or damage to
the Goods caused by Normal Perils (including as a result of negligence
by Us, our agents and/or employees) above the sum of £100 which we
consider to be the normal excess on a standard ousehold
insurance policy whether or not that policy would cover the Goods
21.7. Normal Perils in this Condition mean loss of or damage to
Goods caused by fire, lightning, explosion, earthquake, aircraft, storm,
flood, bursting and/or leaking pipes, theft accompanied by forcible and
violent entry or exit, riot. strike, civil commotion, malicious damage,
and impact by vehicles.
21.8. You agree that we will not be liable for any loss or damage
however arising and, in particular, that our total liability shall not in any
circumstances exceed the true total value of the goods as specified by
you on this agreement.
21.9. You warrant that:
21.9.1. You have stated herewith the true total total value
of all the Goods;
21.9.2. the aggregate value of the Goods stored in the
Room from time to time will not exceed that value; and
21.9.3. this warranty is repeated by You to Us at each Due Date
22. We do not exclude liability for physical injury to or the death of any person
and which is a direct result of Our negligence or wilful default or that of Our
agents and/or employees.
23. You will indemnify Us against all claims, demands, liabilities, damages, costs and
expenses incurred by Us or by any of Our servants, agents or other Room Users
or persons at the Store which arise out of the use of the Room or the Store by
You or any of Your servants, agents or invitees or arise out of the breach of this
Agreement by You.
24. In the event of circumstances which are outside Our reasonable control and
their consequences,We do not agree and are not obliged by this Agreement to
maintain the safety or security of the Goods, the Room or the Store in order to
keep the Goods free from damage or loss. Neither You nor We shall have any
liability under or be deemed to be in breach of this Agreement for any delay or
failure in performance of this Agreement, which results from circumstances
beyond the reasonable control of that party. 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 Room including the Room or the
Store by, or arrest or seizure or confiscation of Goods by competent authorities.
25. This Agreement shall expire on the Termination Date.
26. Either You or We may terminate this Agreement:-
26.1. by giving written notice not less than the Notice Period to the
other which shall be the Termination Date
26.2. immediately by giving written notice to the other if it commits a
serious breach of any term of this Agreement and (in the case of a
breach capable of being remedied) shall have failed within 15 days after
service of a notice to do so, to remedy the breach. Serious breach
includes a failure by You to pay all Our Fees and other charges due to
Us under this Agreement. The Termination Date shall be the date the
notice is effectively served on You in accordance with Condition 38.
27. Immediately on the Termination Date,You must remove all goods from the
Room and leave the Room clean and tidy and in the same condition as at the Start
Date. If You do not do so,You shall pay our costs of cleaning the Room or disposing
of any goods or rubbish left in the Room or at the Store. In default of Prompt
Payment of Our Fees and any payments due to Us under this Agreement We are
relieved of any duty howsoever arising in respect the Goods and they are held
solely at Your risk.We may treat Goods remaining in the Room at the Termination
Date as abandoned and may dispose of them in accordance with Condition 18.6
28. Where this Agreement has terminated and You have paid more of Our Fees
and charges than are due at the Termination Date,We will refund the balance to
You after deduction of any payments due to Us as if the balance were a Deposit
under Condition 17. No interest will accrue on any money held by Us for You.
Where any payments are still outstanding from You,You must pay Us in full including
any outstanding interest before we will release the Goods to You.
29. You agree to examine the Goods carefully upon removing them from the
Room and must tell Us about any loss or damage to the Goods as soon as is
reasonably possible after doing so.
30. Any delay by Us in exercising any of Our rights under this Agreement will not
affect Our rights or be a waiver of those rights, nor will any partial exercise of any
right exclude a further exercise of that right
31. Every provision in this Agreement is severable and distinct from every other
provision and if at any time one or more of such provisions is or becomes invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions will not be affected in any way.
32. This Agreement can only be varied in writing and signed by one of our
Directors. None of Our other employees or agents has any authority to vary this
Agreement on Our behalf whether orally or in writing or to make any
representation of fact that is or may be inconsistent with the terms of this
33. You may not assign any of Your rights under this Agreement or part with
possession of the Room or the Goods whilst they are at the Store to any other
person, firm or company and a breach of this Condition is a serious breach under
34. You agree that it is not the intent of this Agreement to confer any rights on any
third parties by virtue of this Agreement and accordingly the Contracts (Rights of
Third Parties) Act 1999 shall not apply to this Agreement.
35. This Agreement shall be governed by English law and You and We
submit to the exclusive jurisdiction of the English courts.
36. This Agreement shall not create a tenancy or constitute Us as bailees of Goods.
37. Where You are two or more persons Your obligations under this Agreement
shall be obligations of each of You separately.
38. Any notice given under this Agreement must be in writing and may be
served by personal delivery to the person notified or its address or by pre-paid
post.Your address for service of notices shall be Your address written herewith or
any other address in England which You have previously notified to Us in writing.
Any notice to You will also be sent to any owner (whether sole, joint, or coowners)
the name and address of whom we have been previously notified by You
in writing. Any notice to Us must be sent to Our address set out herewith . A
notice will be served at the time of personal delivery or forty-eight hours after it
has been placed in the post.
38.1 You will inform Us in writing of any changes to Your billing
details, contact details, alternative contact details, insurance details
or any other details stated on this Agreement.
39. You consent to our use of the information given by You, including Your personal
information, for our marketing and other purposes.
40. These terms and conditions supersede and override any and all contractual
terms and conditions of the other contracting party howsoever and whenever
41. Before taking any court proceedings for anything arising out of this Agreement
(apart from emergency court proceedings), the complaining party shall inform the
other person in writing of the dispute in as much detail as possible and You and We
agree to try informal conciliation within twenty business days of the notice of the
dispute. If the dispute cannot be resolved,You and We agree to use the Centre for
Alternative Dispute Solution to try to resolve the dispute amicably by using an
Alternative Dispute Resolution Procedure before taking any other step. If the
dispute is not resolved to mutual satisfaction within 90 days after notice of the
dispute has been given, You or We may submit the dispute to the Court. This
Condition does not affect the right of either You or Us to terminate this