Conditions of use for storage services with StorageBox
1. Interpretation
1. 1 In these Conditions. The following definitions apply unless the context requires otherwise. References to ‘‘we’’,"us", "our" are references to VJS Storage Ltd or any of its subsidiaries or holding companies. References to ''you'' and ''your'' are references to the customer named on the front page of this storage Agreement. “Additional Charges'' means charges for insurance, merchandise, transport, waste facilities, out of hours access, call outs, VAT and other charges that may be incurred from time to time, such as cleaning, repairs and maintenance. "Agreement'' means the revocable agreement the terms of which are set out in this Services and Storage Agreement overleaf.
''Conditions'' means these Conditions of providing our Services and use of Storage Centers together with any additional conditions which may from time to time be brought to your attention or which are supplied herewith. ''Late Charge'' means a charge for late payment of a sum due and owing. ''Period'' means 28 days. ''Period of Storage'' means the period of time (being not less than 7 days) during which the Property is stored at the Storage Centre. ''Property'' means the property from time to time stored at the storage Centre.
''Regular Service and Storage charged means the service and storage charge levied for each Period that the Property is stored at the Storage Centre.
''Storage Centre'' means the premises indicated in line Agreement overleaf.
''Services'' means the provision of services related to storage to be provided by us pursuant to these Conditions and the Agreement with you, 'Total Charge'' means the Regular service and Storage Charge plus any Additional Charges. ''Week'' means a period of 7 days.
1 .2 We act as agent for VJS Storage Ltd for payments, deposit or charges due.
1.3 Unless defined above all capitalized words and phrases used in these Conditions refer to terms used in the Agreement overleaf.
1 .4 The headings used in these conditions are far convenience only and will not affect the interpretation of any provision contained in these Conditions.
2. The Provision of the Services
2. 1 We will upon receipt of the First Payment and such other periodic charges as may accrue from time to time, provide the Services to you for the duration of the Period of Storage or until the Agreement is terminated in accordance with clause 2.1 of these Conditions.
2.2 You warrant that you are either the owner of the Property or you are authorized by the owner of the Property to accept these Conditions on his or its behalf.
2.3 We do not inspect property in the Storage Centre and we do not keep any records concerning or any inventory of the Property nor do we have any knowledge of its nature. Condition or state of repair.
2.4 We have the right to inspect the unit at any time without notice to any party
3. Rights of Access
3.1 At our discretion we may allow other persons authorized by you in stating to have access to the Storage Centre and to remove the Property
3.2 We will not be liable for loss of or damage to the Property arising from someone being given access or being allowed to remove the Property where we have reasonable grounds to believe that person is entitled or authorized to have access.
3.3 We reserve the right to exclude you from the Storage Centre if you are in breach of any of the provisions of the Agreement or these Conditions for so long as such breach remains unremedied
3.4 We alone will determine where the Property is to be stored within the Storage Centre from time to time and we reserve the right to move the Property (or any part of it) within the Storage center. We also reserve the right to move such property to another storage centre but only with prior agreement with you. Notwithstanding any initial or subsequent allocation of spaces for the storage of the Property, you will not be entitled to exclusive possession or use of that or any other part of the Storage Centre.
3.5 We may enter the unit so that we may inspect the unit to ensure compliance with these terms and conditions.
3.6 We may enter the unit at any time without notifying you in the case of emergency when required to do so by the Gardai, fire services. Local authority or court order where we suspect the unit is being used in breach of the Agreement and to gain access in accordance with condition 12 of this Agreement.
3.7 We may enter the unit if any additional services are required including necessary repairs, cleanings, maintenance and alterations.
3.8 The Storage Centre will be opened during designated times. We reserve the right to alter the designated opening hours at our sole discretion. If you require access after normal business hours of the storage centre, arrangements must be made in advance during normal business hours/ Additional charge may be levied for out of hours access.
3.9 In the event that due to an occurrence which is our responsibility you are unable to access the unit after arranging out of hours access then our responsibility shall be limited solely to the additional charge in respect of out of hours access to which we would otherwise have been entitled.
3.9.1 If you are on the Storage Premises outside our hours of access – this may cause a false intruder alert – we will apply a fine in this instance with the possibility of our contract being terminated
4. The Deposit
4. 1You will pay a deposit to us, which is equal to 28 days service and storage charge. We will retain the deposit until termination of the Agreement for whatever reasons at which time, subject to clause 4.2 below, we will refund the deposit to you (without interest) within 14 days of termination.
4.2 We reserve the right to deduct or withhold from the deposit any sums accruing to us due to the necessity of carrying out additional services including repairs and cleaning, which we consider are required as a direct or indirect result of the storage of the property within the Storage Centre, in order to bring the Storage Centre up to substantially the same standard and condition as it was at the Commencement Date and in respect of any sums accruing in respect of removal costs or any arrears of the Total Charge or Late Charges or otherwise.
5. The Total Charge
5. 1 The Total Charge will be payable in respect of each Period.
5.2 The Total Charge for the first Period will be due and payable on the date that the Agreement overleaf is signed by you and the Total Charge for each successive Period thereafter will be due and payable on the first day of that Period.
5.3 We are entitled to increase the Total Charge by giving you 28 days prior written notice. Any such increase will take effect immediately following the expiry of the current Period. Upon receiving such notice, you are entitled to terminate the agreement in accordance with clause 13.1 of these conditions.
5.4 We will be entitled to impose a late charge of €5. or 10% of the overdue Service and Storage Charge (whichever is greater) for each 28 day period that the Total Charge remains unpaid for 10 days or more having become due and payable. Such late Charges will be invoiced separately
5.5 If you should require us to remove a lock due to keys being lost to your unit, a service charge of €20 will be levied
6. Your Undertakings
6. 1 You undertake that: 6. l .1 The Property will be securely and properly packed and in such condition as not to cause damage or injury to the Storage Centre or to any other property, whether by spreading damp, infestation leakage or the escape of fumes or substances or otherwise however secure . In addition the Property will not be perishable nor include any animal or other living creature.
6. l .2 Before presentation of the Property for storage you will inform us in writing of any special services you require or any special storage requirements; Due to the nature, Weight or condition of the Property.
6.1.3 None of the property contains or consists of hazardous toxic or radioactive materials nor any pollutant or contaminant in liquid, solid or gaseous form, living creatures of any description, combustible or flammable materials or liquids, firearms, explosives, weapons, ammunition, chemicals, biological agents, asbestos, materials of a potentially dangerous nature, items which emit fumes, smells or odors, illegal substances, illegal items or goods illegally obtained, compressed gases.
6. 1.4 None of the Property constitutes waste as defined in law.
6. 1 .5 You and any other person authorized by you will observe any regulations in force from time to time at the Storage Centre.
6.16 During your period of use of the unit you are responsible for disposal of your own waste in order that a clean and safe environment is maintained at all times at the Storage Centre
7. Your Obligations
7.1 You will not: 7.1. 1 Allow anything to be done on the Storage Centre which may he or may become a nuisance or dissemblance to our employees agents or our other customers.
7. 1.2 Transfer or assign or in any way part with your rights or obligations under the Agreement and these conditions without our written consent 7. 1.3 Request us to store any Property, the possession of which is a breach of the law or which would require us to comply with any statutory duties.
8. Lien
8.1 We have a general lien over the property, which entitles us to retain the Property as security for payment of all sums due and payable and becoming due and payable by you under the Agreement and for any other monies which are owed to us by you.
9 .Our Liability
9. 1 Subject to clause 11. We shall not be liable for any loss (including consequential or economic loss) or damage to the goods whether or not the loss or damage is due to any act or omission negligence or willful default by us or by any of our employees agents or other customers, nor shall we be liable for any consequential or economic loss incurred by you as a result of any loss or damage to the goods. Any other representations conditions, warranties and other terms whether written or oral express or implied statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
9.2 The exclusion of liability in 9. l above does not apply where the damage suffered by you is a direct result of is negligence or willful default of that of our employees or agents and which causes physical injury to or the death of any person.
9.3 Liability for Loss & Damage
9.3.1 You accept that the property stored at the storage center is stored solely at your sole risk and expense.
10 Indemnity
1 0. l Subject to the provisions of sub clause 9.2 above you will indemnify us and keep us indemnified against all and any cost, charges, expenses damages or losses incurred or suffered or becoming payable by us in connection with or as a result of any demand claim or action or other proceedings brought against us arising out of or in connection with the provision of the Services including but not limited to the following:
10. 1 .2 the dangerous nature or any dangerous characteristics of the Property or the infectious or contagious nature of the Property.
10. 1.3 the services provided in connection with the storage of the property or the storage of the property at the Storage Centre.
10. 1.4 Any additional services required in the event of termination.
11 . Liability for Loss & Damage
11. 1 You accept that the property stored at the Storage Centre is stored at your sole risk and expense. You will be solely responsible for taking out appropriate insurance at the full replacement value of the property against all normal perils (i.e loss or damage to property caused by fire, lighting, explosion, earthquake aircraft, storm, flood, bursting or leaking pipes, theft accompanied by forcible and or violent entry or exit, riot strike, civil commotion, malicious damage and impact of vehicle). In addition you will procure that the policy of insurance will contain a waiver of the insurers rights of subrogation against us, our employees or agents.
INSURED CONTRACTOR – If such insurance has been agreed to
12. We shall take out and maintain a contract of insurance in accordance with a Summary of Insurance document provided to You. This will provide cover for the Goods for the value stated as the full total replacement value of the Goods as new on the Written or online booking or registration form. We do not carry out any valuation of the Goods and We are not responsible for ensuring that the full replacement value as new as stated by You is an accurate or true valuation of the full replacement value as new of the Goods at any time. You are responsible for ensuring that insurance cover for the value of Goods insured is maintained at an adequate level throughout the period of this Agreement. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under Our insurance policy, after receipt from You of a written request to notify a claim, We will notify Our insurer promptly of the claim. For the purposes of processing any such claim, You shall provide Us, Our insurer or any of its agents appointed to investigate such claim (such as a loss adjuster) with such information and evidence as may reasonably be required in relation to the claim. We shall pay or arrange for payment to You that part of any proceeds of any claim made by Us which relates to damage or loss to the Goods after deduction of any outstanding sums due to Us from You. In the event that We make a claim under Our insurance policy in respect of loss or damage to the Goods, You acknowledge that Our liability to make any payments to You in relation to such claim is restricted to payment to You of the amount that We recover from Our insurer under Our insurance policy in relation to the Goods. Whilst We will notify claims to Our insurer, We are not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim. Nothing in this Agreement shall make or be deemed to make Us Your agent. If You fail to pay any insurance charges then any insurance cover in respect of the Goods will cease immediately from the date such charges are overdue.
13. Payment of charges
13. 1 lf you fail for whatever reason to pay the Total Service and Storage Charge or any Late Charges within 10 days of it becoming due and payable we may notify you in writing of our intention to remove the Property from the Storage Centre to such alternative storage centres as we may determine at our discretion.
13.2 lf you fail to pay the Total Charge or any Late Charge within 20 days of the date of notice given under 1 1.1 above, we will, at our absolute discretion be entitled to sell, or in the event that a sale would not be economically justifiable destroy or otherwise dispose of the Property as we see fit.
13.3 The proceeds of any such sale effected pursuant to sub clause 12.2 above may by applied by us to any unpaid Total Charge or Late Charge and to any other costs charges and expenses incurred in connection with such sale. You will be entitled to claim the balance (if any) which remains thereafter.
13.4 Any sale affected pursuant to sub clause 12.2 above will be without prejudice to our rights to recover from you any balance outstanding and due from you after the proceeds of the sale have been applied in accordance with sub clause 12.3 of these conditions.
14. Termination
14. 1 Either party may terminate the Agreement upon giving 7 days notice in writing to the other party provided that a minimum of 4 weeks has elapsed.
14.2 Notwithstanding sub clause 13. 1 above either you or we may terminate the Agreement by written notice to the other with immediate effect on the occurrence of a breach by either of us of the Agreement or these Conditions.
14.3 Any termination of the Agreement by either you or us will be without prejudice to any other remedies either of us may he able to pursue against each other including the remedy that either of us may be able to sue the other in respect of accrued rights under less conditions.
14.4 On termination you will leave the Storage Centre in substantially the same condition as it was at the Commencement Date.
15. General
15.1 These conditions together with the Agreement overleaf form the entire agreement between you and us and supersede and extinguish all earlier agreements and arrangements of any kind between us.
15.2 Any notice given under these Conditions will be in writing and signed by or on behalf of the party giving it and may be served by depositing it at or sending it by facsimile or first class prepaid post to the addresses stated overleaf or if any change of address has been notified to us at the last address so notified. Any notice so served by facsimile or post will be deemed to have been received in the case of facsimile 12 hours after the time of dispatch and in the case of first class pre-paid post, 48 hours from the time of posting.
15.3 We shall not be liable for any loss or damage which you may suffer as a direct or indirect result of our performance of this agreement being prevented delayed by reason of any Act of God riots strike or lock out trade dispute or labor disturbance, accident breakdown of plant machinery or equipment’s fire flood, break-in difficulty in obtaining workmen materials or transports electrical power failure or other circumstances whatsoever outside our control.
15.4 beach of the provisions of the Agreement and of these Conditions is sever able. lf any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provisions of the Agreement or these Conditions.
15.5 Nothing in the Agreement or in these Conditions will be treated as creating any tenancy, lease, license or any relationship of landlord and tenant between you and us nor will we be regarded as a warehouse keeper.
15.6 All customers shall indemnify us from all and any claims howsoever arising in respect of their invitees or employees attending the premises. 15.7 All Business Users/Users with Employees must submit a copy of their Public Liability Insurance upon commencement and each subsequent year that they continue to use our services 15.8 Irish Law will govern this agreement and you will submit to the exclusive jurisdiction of the Irish Courts.