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Cinch Storage 2020

Terms & Conditions

1. Definitions

1.1. In these terms and conditions, the following words have the following meanings:-

Words Meaning
Access Hours The hours We permit You access to your unit. This is Opening Times, unless 24/7 access is purchased.
This Agreement These terms and conditions.
Deposit The amount specified in our quotation.
Due Date The Start Date for the first period and the first day of each subsequent period or the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
End Date The date of termination of this Agreement in accordance with Condition 26
The Goods Anything You store in the Unit at any time during this Agreement
Normal Perils Physical loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft or articles dropped from them, storm, flood, bursting &/or leaking pipes, ingress of water or other liquid substance, moth, insect or vermin, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, and impact by vehicles of any kind.
Notice Days 14 days
Our Fees The amount specified in Your invoice for each period based on the amount specified in the quotation plus VAT.
Prompt Payment In respect of payment of each and every sum due under this Agreement, payment on the Due Date or within two 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
Site The premises on which the Unit is situated
Start Date The date agreed upon or the first day You stored.
Unit The storage unit specified in our quotation or any alternative storage unit We may specify under Condition 11
We, Us, Our The storage provider.
You, Your The customer.

1.2. Please note that all Unit sizes are approximate and We accept no responsibility for their accuracy. In agreeing to Our Fees You accept these apply to the Unit You use and not any Unit represented.

2. So long as Our Fees are paid up to date, We license You but no other person:-

2.1. to use the Unit for the storage of Goods in the Unit in accordance with this Agreement from the Start Date until the End Date; and

2.2. to have access to the Unit 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 Unit for damage or unsuitability for the Goods. No access to the Unit 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 on Site, but We reserve the right to change Access Hours to other reasonable access times at any time without giving any prior notice.

3. Only You and persons authorised in writing or accompanied by You will be allowed to have access to the Unit. Any such person is Your agent for whose actions You are responsible and liable to Us and to other users of units on the Site. You may withdraw any authorisation at any time but the withdrawal will not be effective until We receive it in writing. 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. We may refuse You or Your agents access at any time if We consider in Our sole discretion that the safety of any person on the Site, or the security of the Unit or its contents, or other units or their contents, will be put at risk.

4. You are responsible for providing a secure padlock for the Unit and You must ensure that the Unit is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. We will not be responsible for locking any unlocked Unit. You should not leave Your key with or permit access to Your Unit to any person other than Your own agent who is responsible to You and subject to Your control and if You do so, You do so 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 Unit and any such person acts as Your agent only.

5. You will permit Us and Our agents and contractors to enter the Unit in the following circumstances 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 Unit or carry out repairs, maintenance and alterations to it or any other unit or part of the Site;

5.2. at any time without notifying You:- 5.2.1.if We reasonably believe that the Unit contains any items described in Condition 8 or is being used in breach of Condition 9;

5.2.2.if We are required to do so by the Police, Fire Services, Trading Standards, HM Revenue & Customs, Local Authority or any other government or statutory authority or by a Court Order;

5.2.3.for any purpose including that in Condition 5.1, if We believe it is necessary in an emergency; obtain access in accordance with Condition 11; obtain access in accordance with Our powers under Condition 18; prevent injury or damage to persons or property; or

5.2.7.for the purpose of ascertaining whether the Unit 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.

6.    You confirm and warrant to Us that throughout this Agreement, the Goods in the Unit 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 Unit on the terms and conditions in this Agreement and that You act as a duly authorised agent of any such person. If this is not true You will be liable for and will pay to Us in full the amount of any costs, expenses, loss or damage which We incur or which We suffer as a result of claims made against Us including but not limited to any reasonably incurred legal fees and any costs or claims arising from any step or action taken by any person who owns or has an interest in the Goods.

7.    We may refuse to permit You to store any Goods or require You to collect any Goods from the Unit if in Our opinion the safety of any person on the Site, or the security of the Unit or its contents, or other units or their contents, would be put at risk by the storage or continued storage of any such Goods.

8.    You must not store (and You must not allow any other person to store) any of the following in the Unit:-

8.1. food or perishable goods unless securely packed so that they are protected from and do not attract vermin;

8.2. birds, fish, animals or any other living creatures;

8.3. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;

8.4. firearms, explosives, weapons or ammunition;

8.5. chemicals, radioactive materials, biological agents;

8.6. toxic waste, asbestos or other materials of a potentially dangerous nature;

8.7. any item which emits any fumes, smell or odour;

8.8. any illegal substances, illegal items or goods illegally obtained, including counterfeit goods, illicit (smuggled/counterfeit) tobacco, illicit alcohol, unlicensed medicines, unsafe goods (including toys, electrical items, cosmetics, fireworks);

8.9. compressed gases.

9.    You must not (and You must not allow any other person to):-

9.1.  use the Unit or do anything on the Site or in the Unit which may be a nuisance to Us or the users of any other unit or any person on the Site;

9.2. do anything on the Site or in the Unit which may invalidate any of Our insurance policies or those of other unit users or increase the premiums payable on them;

9.3. use the Unit as offices or living accommodation or as a home or business address and not use the address of the Site or the Unit for receiving or sending mail;

9.4. spray paint or do any mechanical work of any kind in the Unit;

9.5. attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;

9.6. allow any liquid, substance, smell or odour to escape from the Unit or any noise to be audible or vibration to be felt outside the Unit;

9.7. cause any damage to the Unit or any other unit or the Site or its facilities or to the property of Us or any other unit users or other persons on the Site 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 Site 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. You will be charged the reasonable costs of disposing of such waste or refuse if You fail to comply with this term; or

9.10. connect or provide any utilities or services to the Unit unless authorised in advance in writing by Us.

10.    You must (and You shall ensure that anyone authorised by You to use or access the Unit must):-

10.1. use reasonable care when on the Site or in the Unit and take all reasonable care in respect of the Unit, the Site, and the property of Us or any other unit users or other persons on the Site;

10.2. inform Us of any damage or defect to the Unit immediately You become aware of it;

10.3. comply with the reasonable directions of any of Our employees, agents and contractors at the Site and any further regulations for the use safety and security of the Unit and the Site which We may issue from time to time;

10.4. pay for the reasonable cost of repairs to or cleaning of or making good the Unit or the Site as a result of any damage caused by You or anyone authorised by You to access and use the Unit, including but not limited to Your removal, haulage or delivery contractors; and

10.5. submit to Us an inventory of the Goods if We shall request one.

10.6 If you have received a Free Collection into Storage, You are solely responsible to checking the condition of your contents when arriving into storage and insurance claims must be made with the removal firm if any damages occur.

11.    This Agreement shall not confer on You any right to exclusive possession of the Unit.

11.1.  We may at any time by giving You seven days’ written notice require You to remove the Goods from the Unit to another unit specified by Us which shall not be smaller than the current Unit.

11.2. We may at any time by giving You notice require You to remove the Goods from the Unit to another unit specified by Us, which shall not be smaller than the current Unit, in the event of a fire or flood or other incident or occurrence at the Site which in Our opinion requires the Unit or any part of the Site to be closed or sealed off.

11.3. We agree to pay Your reasonable costs of removal which have been approved in writing by Us in advance of the removal.

11.4. If You do not arrange the removal of Goods to the alternative unit by the date specified in Our notice, We and Our agents and contractors may enter the Unit and do so. 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 22).

11.5. If the Goods are moved to an alternative unit, this Agreement will be varied by the substitution of the alternative unit number but shall otherwise continue in full force and effect and Our Fees at the rate set out in the cover sheet or as subsequently varied in respect of the original Unit will continue to apply to Your use of the alternative unit.

12.    You must pay Us Our Fees for the minimum period of storage on signature of this Agreement, or sign the direct debit agreement, and for each successive period You must pay Our Fees on the Due Date. All sums payable to Us under the Agreement will become due immediately upon termination of the Agreement in accordance with Condition 26.

13.    We may alter Our Fees at any time following your initial 6 months in storage by giving You written notice and the new Fees shall take effect on the first Due Date occurring not less than two weeks after the date of Our notice. You may terminate this Agreement without charge at any time before the new Fees take effect by giving notice in accordance with Condition 26.1.

13.1 An additional 5 days ‘grace’ is given to You following an alteration of Our Fees, thereby extending the notice period to vacate.

14.    If You do not pay Our Fees on the Due Date, You must pay Us an administrative charge for late payment which is the larger of 10 per cent of Our Fees or £10.

15.    We will not accept that payment has been made until We have received cleared funds. In the event that any cheque or direct debit is dishonoured, We may charge You an administrative charge of £15.

16.    Additionally, if You do not pay on time, You must pay Us interest on all amounts overdue for payment from You at the rate of 5% 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 before or after judgment, and whether or not We exercise the right of sale under this Agreement.

17.    We reserve the right to charge you a deposit. This deposit will be included in your quotation.

17.1.  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 Conditions 9 and 10;

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 an amount equal to the costs of repairs to or cleaning of the Unit or the Site which We consider is required as a direct or indirect result of the storage of the Goods within the Unit or Your breach of this Agreement, in order to bring the Unit and the Site up to substantially the same standard and condition as it was in at the Start Date.

17.3. We will refund the Deposit (or the balance of it if We have made any deductions) to You within 21 days of the End Date. Any such refund will be by company cheque or an electronic transfer to a credit/debit card. No refunds will be given in cash.

18.    We bring to Your attention that We take the issue of Prompt Payment very seriously and have a right of lien. If any sum owing from You to Us under this Agreement or any other agreement between You and Us (in this Condition called “Your Debt”) is not paid when due, then We have the rights set out in this Condition 18.

18.1.  The terms of this Condition are additional to and do not affect any and all rights We may have at common law or otherwise.

18.2. We are entitled to hold on to the Goods until Your Debt has been paid in full and received by Us in cash or by direct debit or, if by cheque, until the cheque has been paid by Your bank.

18.3. We shall be entitled to invoice You and 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.

18.4. You authorise Us;-

18.4.1. to refuse You and Your agents access to the Goods, the Unit and the Site and to install a new lock on the Unit until the outstanding amount has been recovered by Us in full;