TERMS AND CONDITIONS OF STORAGE

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STORAGE:

So long as all fees are paid up to date, Storer: (a) is licensed to store Goods in the Unit allocated to Storer by Spalding Container Storage 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. Spalding Container Storage: (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 Spalding Container Storage does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit.

COST:

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 Spalding Container Storage) payable in advance on the first day of each storage period (Due Date) and it is Storer's responsibility to see that payment is made directly to Spalding Container Storage on time and in full throughout the period of storage.  

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:

Spalding Container Storage takes the issue of prompt payment very seriously and has a right of lien. If any sum owing to Spalding Container Storage is not paid when due, Storer authorises Spalding Container Storage 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.

Before Spalding Container Storage 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 Spalding Container Storage in writing or by email only if you have elected not to receive traditional mail. If no address within the UK has been provided, Spalding Container Storage will use any land or email address it holds for Storer .

Any items left unattended in common areas or outside the Storer’s Unit at any time may at Spalding Container Storage’s discretion be moved, sold or disposed of immediately with no liability to Spalding Container Storage. 

ACCESS: 

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

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.  

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

CONDITIONS:
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. Spalding Container Storage will not be responsible for locking any unlocked Unit. Storer is not permitted to apply a padlock to the Unit in Spalding Container Storage’s overlocking position.

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.

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, Spalding Container Storage 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.

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, Spalding Container Storage 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.
 

RISK AND RESPONSIBILITY: 

Spalding Container Storage 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. 

Spalding Container Storage 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. Spalding Container Storage 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 Spalding Container Storage. 

PERSONAL INFORMATION:

Spalding Container Storage collects information about Storer on registration and whilst this Agreement continues, including personal data (Data). Spalding Container Storage processes Data in accordance with the General Data Protection Regulation and all associated laws. Spalding Container Storage uses Data to process payments, communicate with Storer and generally maintain Storer’s account, to comply with its legal obligations and for its legitimate business interests.

NOTICE: 

Notices to be given by Spalding Container Storage or Storer must be in writing and must either be delivered by hand or sent by pre-paid post. Spalding Container Storage may also give Notice to Storer by SMS or email if Storer 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 Spalding Container Storage to Storer will be sent to the address on the cover sheet or the most recent address in England notified to Spalding Container Storage. 

TERMINATION:

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 Storer or a breach of this Agreement (which, if it can be put right, Storer has failed to put right within 14 days of notice from Spalding Container Storage to do so), Spalding Container Storage may terminate the Agreement immediately by Notice. Spalding Container Storage is entitled to retain from the Deposit, or make a charge for, apportioned Storage Fees if less than the requisite Notice is given by Storer. Storer must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of the Spalding Container Storage. 

Storer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to Spalding Container Storage up to the Termination Date.

GENERAL:  

Spalding Container Storage 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 Storer in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of Spalding Container Storage’s notice. Storer may terminate without charge before the change takes effect by giving notice. Otherwise, Storer’s continued use of the Unit will be considered as acceptance of and agreement to the amended terms.