1) DEFINITIONS:

 

Some words have specific meanings within these conditions:

Administration Charge(s): the administrative charges incurred by us in the event of payment of the Rental Charge or any other charges reserved by these terms not being paid when due, including without limitation charges incurred by us in trying to contact you to obtain payment, whether by telephone, email, postal correspondence, as well as the time and cost incurred by us having to confirm or check address details and establish your current whereabouts;

​

Conditions: the terms and conditions set out in this document;

Container: one of the company’s containers, located on or off our site;

Contract: the contract that is formed between us, the company, and you, the customer, in relation to the storage of your goods within a container. This contract incorporates these conditions;

Customer Form: the form detailing specific terms of storage, agreed with you, as set out overleaf, which incorporates these conditions and must be signed by you;

Customer, you: the person named on the customer form;

Rental Charge: the four weekly charge, payable by you to us, the company, as stated in the customer form;

The company: a company incorporated in England and Wales and registered with as Northshore Developments LTD and trading as Qubik Space, with company number of 05065808, whose registered office is at: The Custom House, The Strand, Barnstaple EX31 1EU

VAT: value added tax chargeable in the UK for the time being and any similar additional tax: and

Your goods or goods: your goods as described within the customer form.

 

​

​

2) OUR SERVICES:

 

2.1 We will provide you with appropriate storage space within one of our containers during the continuance of the contract between us.

2.2 You will be entitled to access the container and your goods 24 hours a day, 7 days a week. The gates to the site are open from 6am to 9pm daily. If you require access outside of this time, please arrange with the office, 24hrs in advance between the hours of 6am & 2pm.

2.3 Only You and persons authorised in writing or accompanied by You will be allowed to have access to the Container, unless specified on your contact form. You are responsible and liable to us and to other users of the premises. We may ask for proof of identity from you or any other person at any time (although we are not obliged to do so) and we may refuse access to any person (including you) who is unable to provide satisfactory proof of identity. We may refuse you or your agent’s access at any time if we consider that the safety of any person at the premises, or the security of the Container or its contents, or other rooms at the premises or their contents may be put at risk.

2.4 You permit us and our agents and contractors to access the Container and if necessary we may break the lock to gain access to the Container if: We give you not less than seven (7) days’ notice so that we may inspect the Container or carry out repairs, maintenance and alterations to it or any other room or part of the premises; and at any time without notifying you beforehand (but We will give you notice as soon as practicable afterwards as long as we are not prevented by law from telling you) if: we reasonably believe that the Container contains any items described in Condition 4.1 or is being used in breach of these terms; for the purpose of checking whether the Container contains any items described in Condition 4.1or if we reasonably consider that such access is necessary to ascertain whether action needs to be taken to prevent injury or damage to persons or property; we are required to do so by the Police, Customs, Fire Services, Local Authority, by a Court Order, by a competent authority or by law; for any purpose if we believe it is necessary in an emergency; to obtain access in accordance with our powers if you have not made Prompt Payment of your Debt; or to prevent injury or damage to persons or property.

 

​

​

3) OUR CHARGES:

 

3.1 The charges for our services are set out in your Customer Form and must be paid on the due date of payment.

3.2 We reserve the right to charge further sums of money for any additional services, provided by us.

3.3 We reserve the right to levy Administration Charge(s), against the cost of recouping the debt owing, if payment has not been made within the first 7 calendar days of that month.

3.4 You will pay a deposit of £40.00, to be held as security against the return of the lock and key provided by us to you for the Container. The deposit will be returned to you once you have handed in the lock and key and the goods have been removed the Container and all rental charges have been paid in full provided you are not in breach of these Terms and  Conditions. If padlock keys are misplaced, a £5 charge will be applied in order for a duplicate key to be issued.

 

​

​

4) YOUR RESPONSIBILITY:

 

4.1 It is your sole responsibility to:-

a) declare to us in writing, the approximate value of the goods going into storage within the container;

b) arrange for the insurance of such goods (storage of any goods in the Container is at your sole risk);

c) ensure that you are personally present during the loading and removal of the goods from the container;

d) provide us with a contact address and telephone number and any subsequent changes to address during the continuance of the contract;

e) ensure that all items constituting the goods, if contained within boxes are properly and securely packed or if not in boxes, are suitably protected;

f) ensure that the Container is locked so as to be secure from unauthorised entry at all times when you are not using it. We will not be responsible for locking any unlocked Container;

g) you must not store or keep (and you must not allow any other person to store) any of the following in the Container:

1) food or perishable goods unless approved by us and provided that they are protected from and do not attract vermin;

2) plants, birds, fish, animals or any other creatures

3) combustible, flammable, explosive or oxidising materials, liquids or gases e.g. paint, petrol, oil, cleaning solvents, gas cylinders, cellulose nitrate film or fireworks;

4) firearms, weapons, ammunition, explosives or the components thereof;

5) chemicals, radioactive materials, biological agents or asbestos;

6) pollutants, toxic or hazardous materials or contaminated goods or other materials of a potentially dangerous nature;

7) any item which emits any fumes, smell or odour;

8) any illegal substances, illegal items or goods illegally obtained we shall not be liable for any loss or damage howsoever arising or incurred as a result of your failure to comply with your responsibilities

4.2 You must not (and you must not allow any other person to): use the Container or do anything at the premises  which may be or may become an annoyance or nuisance to us or other users use the Container as living accommodation or office; use the Container as a home address or business address and not use the address of the premises or the Container for receiving or sending mail without our prior permission; use the Container for anything other than storage leave anything in or cause any obstruction or undue hindrance in any passageway, stairway, service area or other part of the premises and you must at all times be courteous to others and take reasonable care for Your own safety and that of others in using these areas; 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 do not comply with this Condition; connect anything to any power point without our consent. Any electrical appliance connected must be placed on a proper surface in an area dedicated for their use; inform us immediately of any damage or defect to the Container; comply with the reasonable directions of any of our employees.

 

​

​

5) OUR RESPONSIBILITY:

 

5.1 It is our responsibility to ensure that the goods are delivered up to you at the end of the storage period, in the same condition as they were in at the time that they were put into storage by you (subject to condition 12). Unless we were instructed to load your goods into a container, we will only accept liability for damage to goods, resulting from some obvious external event.

5.2 subject to the provisions of clause 10 of these conditions; we will compensate you for any failure to discharge our responsibility under this contract.

 

​

​

6) YOUR WARRANTY AS TO OWNERSHIP OF GOODS:

 

6.1 By entering into this contract, you warrant and represent to us that you are either the owner of the goods stored in the container or the person(s), who own or have an interest in the goods, have given you authority to store the goods in the container on their behalf and that they have been made aware and accept these conditions.

6.2 You agree to indemnify us and keep us indemnified against any loss, damages, claims, expenses, costs incurred or otherwise suffered howsoever by is as a result of any breach of your warranty and representation as to ownership referred to in clause 7.1.

 

​

​

7) PAYMENT:

 

7.1 You agree to pay us the Rental Charge, four weekly, in advance. The first payment of the rental charge shall be made by you, no later than the day on which we accept the delivery of the goods into the container;

7.2 You agree to pay us subsequent four weekly Rental Charges, on or by the 1st day that your goods go into the container

7.3 We reserve the right to require you to pay a larger payment in advance for longer periods of storage.

7.4 All prices advertised are exclusive of VAT

7.5 If we subsequently agree extra charges for any additional services that we agree to provide to you, then you must pay these extra charges, prior to services commencing/being rendered.

7.6 If You do not pay any of our fees by their due date we may require you to pay us interest on the amounts outstanding at the rate of 5% above the base rate of Lloyds Bank PLC, calculated from the date when payment becomes due up to and including the date of actual payment, whether before or after judgment.

7.7 The Administrative Charges and interest shall be payable even if we exercise the right of sale under these Terms and Conditions

7.8 We reserve the right to terminate any and all contracts with you if you are in breach of one of those contracts.

 

​

​

8) THE THINGS THAT YOU WILL NEED:

 

8.1 You agree to:

a) co-operate with us in ensuring compliance with these conditions;

b) give us (and everyone representing us) access to the container, in which your goods are located, for all reasonable purposes, in connection with the performance of our services and ensuring compliance with these conditions. For this purpose, you acknowledge our right to gain access to the relevant container;

c) give us any relevant information about you and your goods as we may reasonably require to ensure compliance with these conditions;

d) ensure that any information you give us is accurate and complete;

e) make sure that you prepare your goods (at your own cost) for storage in our containers, in accordance with the instructions that we give you.

 

​

​

9) OUR LIABILITY TO YOU:

 

9.1 There are certain liabilities that we are not permitted to exclude by law and nothing in these conditions limits our liability for personal injury or death caused by our negligence or as a result of fraud or fraudulent misrepresentation.

9.2 You may also have certain statutory rights as a consumer. Nothing in the contract will affect these legal rights and, in particular, we will carry out the services under this contract with reasonable care and skill.

9.3 You are responsible for following the advice we give you to keep your goods safe and for complying with the provisions of these conditions and we expressly exclude any liability resulting from your failure to follow such advice or these conditions.

9.4 Except as set out in paragraphs 9.1, 9.2, 9.3 and 9.9 of these conditions:

a) if you provide us with a valid declaration of the value of the goods, the amount of our liability to you in the event of loss or damage caused to the goods as a result of our breach of clause 5 of these conditions will be subject to a maximum aggregate liability of £2000;

b) if you do not provide us with a valid declaration of the value of the goods, our liability to you, in the event of loss or damage caused to the goods as a result four breach of clause 5 of these conditions, will be subject to a maximum aggregate liability of £2000, provided that the liability for each individual item shall not, in any event exceed £100.

9.5 Our liability to you is assessed by reference to the cost of the repair or replacement of the goods, taking into account the age and condition of those goods immediately, prior to the loss or damage suffered as a result of our breach of clause 5 and subject to the maximum liability of £2000 referred to in clause 10.4 above.

9.6 We will not be liable to you if we are prevented or delayed from complying with our obligations under this contract by anything you, or anyone acting on your behalf, does or fails to do.

9.7 We are not responsible for losses that are not a natural, foreseeable consequence of any breach of contract. In any event, we will not be liable for any indirect losses, losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption or our enforcement of any of these conditions.

9.8 We exclude all liability for any loss or damage to any excluded goods as described in clause 4 of these conditions.

9.9 In accordance with clause 4.1 (b), it is your sole responsibility to arrange for insurance of the goods and we exclude all liability (to the fullest extent possible) for any failure to insure the goods.

9.10 In the event of circumstances which are outside our or your reasonable control and any consequences of those circumstances, Neither you nor we shall have any liability under this Licence or be considered to be in breach of this Licence for any delay or failure in performance of this Licence or any resulting loss or damage to Goods. These circumstances include, for example, any natural disaster, riot, accident, breakdown of plant or machinery, fire, flood, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or access of any Container or the premises by, or arrest or seizure or confiscation of Goods by competent authorities. We do not agree and are not obliged by this Licence to maintain the safety or security of the Goods, the Container or the premises in order to keep the Goods free from damage or loss in the event of circumstances which are outside our reasonable control. We will not be responsible for failing to allow access to your Goods for so long as the circumstance continues.

 

​

​

10) TERMINATION:

 

10.1 Without prejudice to any other rights or remedies which either of us may have, either party may terminate the contract without liability to the other immediately on giving written notice to the other if the other party:

a) fails to pay any amount due under these terms and conditions on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment;

b) commits a material breach of any of the terms of the contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or

c) repeatedly breaches any of the terms of the contract in such a manner as to reasonably justify the opinion that their conduct is inconsistent with it having the intention or ability to give effect to the terms of the contract.

10.2 On termination of the contract for any reason:

a) you shall immediately pay to us all of our outstanding unpaid invoices and, in respect of services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt; and

b) the accrued rights and liabilities of the parties as a termination and continuation of any provision, expressly stated to survive or implicitly surviving termination, shall not be affected.

10.3 Immediately on the termination date, you must remove all goods from the Container and leave it 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 Container or disposing of any goods or rubbish left. We may treat Goods after the Termination Date as abandoned and may dispose of them in accordance with Condition 11

10.4 On termination of the contract, however arising, conditions 7, 8, 11, 12 & 14 shall survive and continue in full force and effect.

 

​

​

11) OUR RIGHTS TO HOLD THE GOODS:

 

We reserve the right to withhold access to and/or delivery of some or all of your goods until you have paid us in full without set-off for all rental charges and other payments or sums that may be due under this contract. In addition, we shall be entitled to sell or dispose of some or all of your goods without further notice, to enable us to recover any sums due to us. The cost of the sale or disposal will be charged to you with the net proceeds (after deducting all reasonable costs connected with the sale or disposal) credited against your account with us and the balance paid to you without interest. If we are unable to recover     the full amount due to us from you from any such sale or disposal, we will seek to recover the balance from you.

 

​

​

12) CIRCUMSTANCES BEYOND OUR CONTROL:

 

We will not be liable to you for any breach of the contract or where there is any delay in performing our obligations due to any cause that is beyond our reasonable control. Without limitations, examples of causes beyond our reasonable control include explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance; any new laws or regulations that are introduced; any trade embargo; strikes or other industrial action; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

 

​

​

13) OTHER IMPORTANT PROVISIONS:

 

13.1 This Licence does not give you any right to exclusive possession of the Container. We may at any time relocate you to another Container specified by us, which shall not be smaller than the current Container: in the event of a fire or flood or other incident or occurrence at the premises which in our opinion requires the Container or any part of the premises to be closed or sealed off, and we will try and give you seven (7) days’ written notice; or by giving you seven (7) days’ written notice if we close the premises or any part for redevelopment,

13.2 If You do not arrange for the removal of goods to the alternative Container by the date specified in our notice we and our agents and contractors may enter the Container and arrange for removal of 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, which is subject to limitation of our liability contained in Condition 10)

13.3 You may not assign or sub-contract any of your rights or obligations, under the contract to any third party.

13.4 We may, at any time, sub-contract or delegate in any manner, any or all of our obligations under the contract, to any third party or agent at our discretion, but we will remain responsible to you for the performance of the contract.

13.5 If either of us does not enforce any right or remedy under these conditions or grants any extension of time, this will not affect the ability of either of us to exercise any right or remedy under the contract at a later date.

13.6 Only you and the company are entitled to enforce this contract. No third party shall be entitled to enforce any provision of a contract, whether by virtue of the contracts (Rights of Third Party Act 1999) or otherwise.

13.7 The contract is governed by the laws of England and any dispute shall be decided exclusively by the Courts of England and Wales.

13.8 Where you are two or more persons, you shall each be jointly and severally liable in respect of your obligations.

13.9 You may not assign any of your rights under this agreement.