WPL STORAGE Terms and Conditions:
1. So long as all fees are paid up to date, WPL :
(a) is licensed to store Goods for the customer in the Unit allocated to the customer and storage admin will need to supply an identification reference to the customer ensure the items stored have the customers storage reference number and contact mobile number on the items , or have access to contact the customer.
(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. Storage Admin: (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 WPL acknowledges that
Storage Admin does not take possession of the Goods; and (c) does not grant any
lease or tenancy of the customers storage Unit whilst rented .
COST:
3. Customer 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 the
customer) will be refunded by cheque or electronic transfer within 21 days of
termination of this Agreement.
4. Customer is responsible to pay: (a) the Storage Fee (being the amount set
out in the cover sheet or as most recently notified to WPL by Storage Admin)
payable in advance on the first day of each storage period (Due Date) and it is
the customers responsibility to see that payment is made directly to Storage
Admin on time and in full throughout the period of storage. Storage Admin does
not normally bill for fees. Any Storage Fees paid by direct transfer will not
be credited to the customer’s account unless the customer identifies the
payment clearly and as directed by Storage Admin and Storage Admin shall have
no liability to and shall be indemnified by the customer if Storage Admin takes
steps to enforce the Agreement (including the sale of Goods) due to the customers
failure to identify a payment.
Storage Admin will not accept
that payment has been made until it has received cleared funds and, if any
payment is later dishonored, may charge the Cheque Return Fee; (b) the Cleaning
Fee or charges for repairs, to be invoiced at Storage Admin’s discretion as per
clause 19; (c) a Late Payment Fee each time a payment is late; (d) any costs
incurred by the Storage Admin in collecting late or unpaid Storage Fees, or in
enforcing this Agreement in any way, including but not limited to postal,
telephone, unit inventory, 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 the customer has more than one agreement or a shared
ownership the customer will be the designated appointed agent on behalf of the
shared owners or other agreements with Storage Admin, all will form one account
with Storage Admin and Storage Admin may in its sole discretion elect to apply
any payment made by or on behalf of the customer on this agreement against the
oldest Debt due from the customer to Storage Admin on any agreement in the
account.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:
5. Storage Admin takes the issue of prompt payment very seriously and has a
right of lien. Regardless of Condition 35, if any sum owing to Storage Admin is
not paid when due, Storage Admin without further notice to: (a) refuse customer
and its agents co-owners return of the Goods, until the amount due and other
fees related to it (Debt) have been paid in full; (b) ask to inspect and/or
remove the Goods to another storage unit or site and to charge the customer 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 to a charity of some or all of the Goods in
accordance with Condition 7. The customer acknowledges that (a) Storage Admin
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) Storage Admin will sell the Goods as if Storage Admin was the owner and
will pass all rights of ownership in the Goods to the buyer; and (c) if the
customer does not pay fees on the Due Date, the value of any discounts and
special offers (including periods of free storage) which the customer has
received will be payable by the customer in full.
6. On expiry or termination of this Agreement, if the customer fails to remove
all Goods from the Unit, Storage Admin 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. The customer is liable for Storage Fees for the period from
abandonment to the sale or disposal of the Goods to a nominated charity together
with any costs of disposal (Debt).
7. Before Storage Admin sells or disposes of the Goods, it will give the
customer notice in writing directing the customer to pay (if the customer is in
default) or collect the Goods (if they are deemed abandoned). This notice will
be sent by registered or recorded delivery or electronic means to the address/e-mail
last notified by the customer to Storage Admin in writing or by email only if
you have elected not to receive traditional mail. If no address within the UK
has been provided, Storage Admin will use any land or email address it holds
for the customer. If the customer fails to pay the Debt and/or collect the
Goods (as appropriate) Storage Admin will access your storage space from the
unit and begin the process to sell or dispose of the Goods. The customer
consents to and authorises the sale or disposal of all Goods without further
notice regardless of their nature or value. Storage Admin will sell the Goods
for the best price reasonably available in the open market, taking into account
the costs of sale. Storage Admin 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, The customer must pay Storage Admin the balance
within 7 days of a written demand from Storage Admin. Storage Admin 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 the Customer, Storage
Admin will hold the balance for the customer but no interest will accrue on it.
9. If, in the opinion of Storage Admin and entirely at the discretion of
Storage Admin, a defaulting customers 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, The customer authorises Storage Admin to treat the Goods
as abandoned and Storage Admin may dispose of all Goods by any means at the
customers cost. Storage Admin may dispose of the customers Goods in the event
that Goods are damaged due to fire, flood or other event that has rendered
them, in the opinion of the Storage Admin, severely damaged, of no commercial
value, or dangerous to persons or property. Storage Admin does not need the
prior approval of customer to take this action but will send Notice to customer
within 7 days of assessing the goods
10. Any items left unattended and unclaimed at the WPL Branch belonging to the
customer at any time may at Storage Admin’s discretion be moved, sold or
disposed of immediately with no liability to Storage Admin.
ACCESS:
11. WPL has the right to access the Unit during Access Hours as posted by
Storage Admin and subject to the terms of this Agreement. Storage Admin 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 WPL or others authorised or accompanied by WPL (its Agents) may access
the Unit.
WPL is responsible for and liable to Storage Admin and other users of the Facility for its own actions and those of its Agents. Storage Admin may (but is not obliged to) require proof of identity from the customer or any other person at any time and, at Storage Admin’s sole discretion, may refuse ownership to any person who is unable to produce satisfactory proof.
13. The Customer 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, fireworks); (h) goods which are environmentally
harmful or that are a risk to the property of any person; and (i) currency,
deeds, and securities; and (j) items which are unique in nature and /or where
the value to the customer cannot be assessed on a financial basis. . The
customer will be liable under Condition 28 for any breach of this Condition 17.
14. The customer must give
Notice to the Storage Admin in writing of the change of delivery or collection address,
phone numbers or email address of the customer or the Alternate Contact Person
(“ACP”) within 48 hours of any change. The customer agrees Storage Admin is entitled
to discuss any default by the customer with the ACP if registered on the front
of this Agreement.
RISK AND RESPONSIBILITY:
15. Storage Admin will not be liable for any loss or damages suffered by the
customer resulting from perishable cooking items and leakage of foodstuffs
damaging the customers or other customers goods in the process. WPL has a duty
to isolate goods that are found to be leaking take action to open and recover
any items limit the cause of damage, We will take photos and alert the customer(s)
of the action taken and seek further instruction from the customer.
16. The Goods are stored at the sole risk and responsibility of the customer
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. Storage Admin
excludes all liability in respect of (a) loss or damage to the customers
business, if any, including consequential loss, lost profits or business
interruption. (b) loss of or damage to Goods or any claim for return of
the Storage Fees except where this results from Storage Admin’s negligence or
breach of contract , in which case Storage Admin’s liability will be limited to
the sum of £100 in total. Storage Admin 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 Storage Admin, its agents and/or employees.
17. Storage Admin does not insure the Goods and it is a condition of this
Agreement that the Goods remain adequately insured at all times while they are
in storage for their Replacement Value (as set out on the cover sheet)". If
the customer 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. Storage Admin does not
give any advice concerning insurance cover given by any policy and the customer
must make its own judgment as to adequacy of cover even when facilitated by the
Storage Admin. Inspection of any insurance documents provided by the customer
to demonstrate cover does not mean Storage Admin has approved the cover or
confirmed it is sufficient.
18. The customer will be liable for and compensate Storage Admin for the full
amount of all claims, liabilities, demands, damages, costs and expenses
(including any reasonably incurred legal and professional fees) incurred by
Storage Admin 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 the customer or any of its Agents or (c)
enforcement of any of the terms of this Agreement.
19. The customer 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 the customer, and includes any and all Liabilities resulting from such a breach.
20. If Storage Admin has reason to believe that the customer is not complying with all relevant laws Storage Admin 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 the customers expense. The customer agrees that Storage Admin may take such action at any time even though Storage Admin could have acted earlier.
21. In respect of circumstances outside Storage Admin’s reasonable control,
Storage Admin 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, Storage Admin
will not be responsible for failing to allow access to the Goods, Unit and/or
the Facility for so long as the circumstances continue. Storage Admin will try
to minimise any effects arising from such circumstances.
PERSONAL INFORMATION:
22. Storage Admin collects information about the customer on registration and
whilst this Agreement continues, including personal data (Data). Storage Admin
processes Data in accordance with the Data Protection Act and all associated
laws. Storage Admin uses Data to process payments, communicate with the
customer and generally maintain the customer’s account, to comply with its
legal obligations and for its legitimate business interests. Storage
Admin may share Data with, and collect Data from, credit reference or fraud
prevention agencies and trade associations of which Storage Admin is a member.
If the customer does not pay Fees when due, Storage Admin mat share Data with
debt collection agents. If the customer applies for Storage Admin’s insurance,
Storage Admin 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.
Storage Admin 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 Storage Admin considers the security of any
unit at the Facility or its contents may otherwise be put at risk. Also, if
Storage Admin 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 Storage Admin’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 Storage
Admin holds on them, to request that inaccurate Data is rectified, to restrict
how data is used and in certain circumstances to have Data deleted. Requests
for any of these should be emailed or sent to the addresses on the cover sheet
to our Data Compliance Manager. More details on how Storage Admin uses Data and
the customers rights in relation to Data are set out in Storage Admin’s Privacy
Notice which can be viewed on its website or provided on request.
23. If the customer gives consent, Storage Admin will use Data for marketing
purposes, including to provide the customer with information on products or
services provided by Storage Admin in response to requests from the customer or
if Storage Admin believes they may be of interest. The customer’s choice with
regard to the relevant use of Data is indicated in the cover sheet and can be
changed at anytime by the customer contacting Storage Admin.
NOTICE:
24. Notices to be given by Storage Admin or the customer must be in writing and
must either be delivered by hand or sent by pre-paid post. Storage Admin may
also give Notice to the customer by SMS or email if the customer has elected to
receive correspondence this way. Notices shall be deemed received at the time
of delivery by hand, one hour after sending by email or SMS or 48 hours after
posting. Notices from Storage Admin to the customer will be sent to the address
on the cover sheet or the most recent address notified to Storage Admin.
In the event of not being able
to contact the customer at the last notified address or other contact including
SMS or email, Notice is deemed to have been given to the customer if Storage
Admin serves that Notice on the ACP as identified on the front of this
Agreement at the last notified address or other contact including SMS or email
of the ACP. Any notice from the customer must be sent to the Storage Admin at
the address on the cover sheet. In the event that there is more than one party,
Notice to or by any single agent/customer is agreed to be sufficient for the
purposes of any Notice requirement under this Agreement.
TERMINATION:
25. Either party may terminate this Agreement by giving the other party Notice
of the Termination Date in accordance with period indicated on the cover sheet
ending on any Due Date. In the event of illegal or environmentally harmful
activities on the part of the customer or a breach of this Agreement (which, if
it can be put right, the customer has failed to put right within 14 days of
notice from Storage Admin to do so), Storage Admin may terminate the Agreement
immediately by Notice. Storage Admin is entitled to retain from the Deposit, or
make a charge for, apportioned Storage Fees if less than the requisite Notice
is given by the customer
26 Liability for outstanding
moneys, property damage, personal injury, environmental damage and legal
responsibility under this Agreement continues to run beyond the termination of
this Agreement.
GENERAL:
27. Storage Admin may vary the Storage Fee or other terms of this Agreement and
add new terms and conditions as long as such modifications are notified to customer
in writing or electronic form. The modified terms will take effect on the first
Due Date occurring not less than 28 days after the date of Storage Admin’s
notice. The customer may terminate without charge before the change takes
effect by giving notice in accordance with Condition 25. Otherwise, The
customers continued use of the Unit will be considered as acceptance of and
agreement to the amended terms.
29. The Customer acknowledges and agrees that :(a) the terms of this document
constitute the whole contract with Storage Admin and, in entering this
contract, The customer relies upon no representations, oral or otherwise, other
than those contained in this Agreement; (b) it has raised all queries relevant
to its decision to enter this Agreement with Storage Admin and Storage Admin
has, prior to the customer entering into this Agreement, answered all such
queries to the satisfaction of the customer; (c) any matters resulting from
such queries have, to the extent required by customer and agreed to by Storage
Admin, been reduced to writing and incorporated into the terms of this
Agreement; (d) if Storage Admin decides not to exercise or enforce any right
that it has against the customer at a particular time, then this does not
prevent Storage Admin from later deciding to exercise or enforce that right
unless Storage Admin tells the customer in writing that Storage Admin has
waived or given up its ability to do so; (e) it is not intended that anyone
other than the customer and Storage Admin will have any rights under this
Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999
shall not apply to it; (f) if any court or competent authority decides that any
of the provisions in this Agreement are invalid, unlawful or unenforceable to
any extent, the provision will, to that extent only, be severed from the
remaining terms, which will continue to be valid to the fullest extent
permitted by law; (g) The customer may not assign or transfer any of its rights
under this Agreement or part with possession of the Unit or Goods whilst they
are in the Facility; and (h) where the customer consists of two or more persons
each person takes on the obligations under this Agreement
30. This Agreement shall be governed by Scottish law and any dispute or claim
that either party brings will be decided by the Courts of Scotland. The parties
must endeavor to settle any dispute in connection with this Agreement 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. Failing each party not agreeing one will be
appointed by the Scottish Court.
Last updated feb21