EAZYSTORE'S TERMS & CONDITIONS
The words listed below have the following meanings in this document:-
Warehouse; Industrial Unit at Rear of 8, Towerfield Rd, Shoeburyness, Essex, SS3 9QE
Plot; An area of Floorspace designated for the storage of customers goods within the Warehouse.
Plot ID Number; A reference number that is issued to You for identification purposes.
Designated space; the storage area specified in the Agreement prior to it becoming a Plot.
We, Us, Our; the Storage Space provider named as “Eazystore”
You, Your; the customer named in the Agreement
This Agreement; The terms and conditions and the information as set out below and signed by you
Agreement Period; The period commencing on the Start Date and ending on the Discontinuation Date
Start Date; The date of delivery of items for storage as stated in the Agreement.
Due Date; The Start Date for the first monthly period of storage and the corresponding date for each
following monthly period.
The Goods; All items that are placed for storage at the above address at any time during the Agreement.
Other Charges; Our fees for the sale of protective/packaging materials, access outside of agreed hours, , disposal of abandoned goods, transportation or any other service that may be incurred by You from Eazystore.
Our Storage Fees; the amount specified in the Agreement (based on the weekly cost @ 25p per ft² calculated as a monthly equivalent) plus any Other Charges as above which shall also be paid by You.
Access Hours; The hours we permit you entry into the Warehouse to access the goods.
Prompt Payment; in respect of the payment of each and every sum due in accordance with this Agreement on the Due Date or within two working days,
Discontinuation Date; the date of termination of this Agreement in accordance with Conditions 9.-9.6
1. START OF AGREEMENT (ie Delivery of Goods)
1.1.You are responsible for delivering, unloading and placing Goods into the designated Plot.
1.2. The maximum height you may stack items is 2.5 meters and a maximum of 3 items high.
1.3. Eazystore do not accept liability for any damage that may be caused to Goods whilst being moved.
1.4. Eazystore do not accept any liability for any injury that may occur to persons involved in lifting and/or moving goods which is caused through lack of care on their part.
1.5. The Goods must occupy a square/rectangular shaped plot which will be measured after all goods are in place for the purpose of calculating Our charges.
1.6. Once all Goods are in place Eazystore will erect a temporary cage around the Plot for the purpose of protection and privacy of stored items.
1.7. All storage Plot dimensions are measured to the nearest foot (widthways and lengthways) and in a square/rectangular shape only. On receipt of the Agreement by email your first payment indicates that you accept the accuracy of our measurement of the Plot and to the storage charges payable plus you are in agreement with the following terms and conditions.
2. NATURE OF GOODS TO BE STORED
2.1 Eazystore does not permit the storage of;
2.1.1. any food items, perishable or not, especially if stored in carboard boxes or plastic bags, that could be constituted as food by rodents or other vermin or insect infestation;
2.1.2. toxic waste, asbestos or other materials of a potentially dangerous nature;
2.1.3. weapons, firearms and/or associated ammunition, explosives
2.1.4. any living creature or plant;
2.1.5. radioactive materials, chemicals, biological agents;
2.1.6. compressed gases;
2.1.7. any item which emits any obnoxious fumes, smell or odour;
2.1.8. any illegal substances, illegal items or goods obtained by illegal means;
2.1.9. materials or liquids such as gas, paint, petrol, oil or cleaning solvents that are combustible or flammable
2.1.10. any climate sensitive item requiring specialist storage conditions
2.2. We reserve the right to refuse to permit You to store any Goods if in Our opinion the safety of any person at the Warehouse, or the security of the Warehouse and it’s contents would be put at risk by the storage of any such Goods.
2.3. You confirm that throughout this Agreement, the Goods stored are owned by You or by a person that has an interest in them and has given You their absolute authority to store the Goods under the terms and conditions in this Agreement.
3. EAZYSTORE’S INSURANCE COVER and LIABILITY
3.1. Eazystore will take every precaution to protect the premises and its contents but do not provide insurance cover for the repair or replacement of your Goods.
3.2. Storage of Goods in the Warehouse is at Your sole risk. You may independently take out insurance cover to protect your Goods at your own expense.
3.3. We exclude all liability in respect of loss or damage to the Goods, including loss or damage caused by Normal Perils (including as a result of negligence by Us). Normal Perils in this Condition mean loss of or damage caused by fire, explosion, flood, extreme weather conditions, theft accompanied by forcible entry, insect or vermin damage, malicious damage, and impact by vehicles. Furthermore You agree that We will not be liable for any loss or damage to Goods whilst in the Warehouse however it arises.
3.4. We do not exclude liability for physical injury to or the death of any person and which is a direct result of Our negligence. If personal loss or damage occurs to you as a result of any matter which may result in a claim under Our insurance, after receipt from You of written details, We will promptly notify our insurer of the pending claim. You shall provide Us, Our insurer or any representative of Our insurer appointed to investigate such claim with such information and evidence as may reasonably be required in relation to the claim.
3.5. In the event of circumstances which are outside Our reasonable control, We do not agree and are not obliged to maintain the safety or security of the Warehouse in order to keep the Goods free from damage or loss. Such circumstances include fire, flood, electrical power failures, any Act of God, accident, breakdown of plant or machinery, threat of or actual terrorism or environmental or health emergency or hazard.
3.6. You must inform Us immediately of any damage or defect to your Goods that you may become aware of.
4.1. For as long as Your account is paid up to date, We permit You, but no other person:
4.1.1. to have access to the warehouse at a pre-agreed time only for the purposes of depositing, removing, substituting or inspecting the Goods and for Your inspection of the Warehouse for suitability for purpose.
4.2. No access to the Warehouse will be permitted for any other purposes unless specifically permitted by Eazystore.
4.3. We reserve the right to change Access Hours at any time after giving one months prior notice in writing.
4.4. Extended access is available outside of the hours indicated in this Agreement but is only provided with appropriate notice.
4.5. We reserve the right to decline any customers request for extended access and to charge You a further reasonable charge for the time and effort involved in resolving any issues with regard to extended access, when the service has not been paid for or correctly used by You. We also reserve the right to remove this service from You or to adjust the hours of access provided at Our absolute discretion.
4.6. All persons requiring access to the Warehouse will be accompanied by a member of Eazystore’s Personnel at all times. It should also be noted that CCTV is in operation in all areas for the security and safety of all visitors.
4.7. Only You and persons authorised in writing or accompanied by You will be allowed to have access to your goods in the Warehouse. Any such person is Your representative for whose actions You are responsible and liable to Us.
4.8. For individual Persons Authorised by you to be permitted access to goods we will require prior notice with details of their name(s). They may be required to present photographic ID for our inspection on arrival.
4.9. We may refuse access to any person (including You) who is unable to provide satisfactory proof of identity.
4.10. We may refuse You or Your representative access at any time if We consider in Our sole discretion that the safety of any person at the Warehouse, or the security of the Warehouse or its contents, will be put at risk.
4.11 Persons under the age of 16 years are not permitted to enter the warehouse.
4.12 Animals are not permitted to enter the warehouse.
4.13 We will contact, disclose, discuss and provide details of Your account to persons authorised by You in writing or identified by You to Us as your alternative contact person(s).
5. CONDUCT WITHIN THE WAREHOUSE
5.1. You must not (and You must not authorise any other person to):
5.1.1. do anything at the Warehouse which may invalidate any of Our insurance policies or those of other room users or licensees or increase the premiums payable on them;
5.1.2. do anything on the premises that constitutes a working practise and may create noise, fumes, mess, use electricity and/or water, cause an obstruction and/or cause a nuisance to any other person on the premises.
5.1.3. move the cage panels so as to make alteration to the shape or size of the Plot without our permission;
5.1.4. allow any liquid substance to escape onto the floor within the Warehouse.
5.1.5. cause any deliberate damage to any part of the property at 8, Towerfield Road, SS3 9QE or to its facilities. Accidental damage will require the reimbursement of the costs of making necessary repairs, restoration or replacement or make proper compensation;
5.1.6. leave anything in or cause any obstruction or undue hindrance in any entrance door, passageway, stairway, service area or other part of the Warehouse and/or yard.
5.1.7 exercise courtesy at all times to others and reasonable care for Your own safety and that of others in using these areas;
5.1.8. 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 fail to comply with this undertaking; or
5.1.9. connect to or provide any utilities or services within the Warehouse.
5.1.10. pay for the reasonable cost of repairs or cleaning or making good to any part of the property , of any damage caused by You or Your agents, including but not limited to Your removal, haulage or delivery contractors; and
5.1.11. comply with the reasonable directions of Eazystores’s personnel and any further regulations for the use, safety and security of the Warehouse which We may issue from time to time;
5.2. You must not open any bottles/cans of, or consume alcoholic beverages within the Warehouse.
5.3. Smoking is strictly prohibited at all times within the boundaries of the premises
6. RELOCATING/ACCESSING GOODS DURING THE AGREEMENT
6.1. We may at any time require You to remove and replace the Goods from one Plot to another Plot specified by Us in the event of a fire or flood or other incident or occurrence at the Warehouse which in Our opinion requires the Plot or any part of the Warehouse to be cleared or sealed off;
6.2. If You do not arrange the removal of Goods to the alternative Plot within 48 hours, We may act as Your agent and carry out the removal, which will be at Your risk (except for loss or damage caused wilfully or negligently by Us and Our agents)
6.3. If the Goods are moved to an alternative Plot, this Agreement will be varied by the substitution of the alternative Plot ID number only. The Agreement shall otherwise continue in full force and effect and will continue to do so for the duration of the agreement.
6.4. You permit Us to access Goods stored within your Plot and if necessary, We may move or reposition goods:
6.4.1. if We give You not less than 24 hours’ notice
6.4.2. at any time without notifying You:
6.4.3. if We reasonably believe that the Goods include any items described in Condition 2.1.1. that may be attracting vermin infestation.
6.4.4. if We reasonably believe that the Goods include any items in breach of Condition 2.2;
6.4.5. for the purpose of ascertaining whether the Goods include any items described in Condition 2.1 or 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;
6.4.6. if payment of storage charges is more than 1 month in arrears and we have not received any response to our communications in this matter for more than 1 month.
7. PAYMENT OF CHARGES
7.1 The Prompt Payment of all sums whether invoiced or not, owing from You to Us under this Agreement (in this Condition called "Your Debt") is of the essence of this Agreement
7.2. You must pay Us Our Storage Fees for the month’s period in advance on signature of this Agreement and thereafter must pay on the Due Dates.
7.3. All storage charges under the terms of this Agreement will be exclusive of any VAT.
8. NON PAYMENT OF CHARGES
8.1. If You do not pay Our charges within ten days after its Due Date, You must immediately on demand pay Us an administrative fee for late payment which is the larger of 10% of Our Monthly charge or £10. If Your failure to pay Our charges continues for sixteen days or more after its Due Date and/or You fail to pay the Late Charge on demand, the amounts outstanding shall incur interest at the rate of 3% above the base rate of Barclays 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.
8.2. If any amount submitted by You by cheque is returned unpaid, You must immediately on demand pay Us an administrative charge of £25. Furthermore, once a payment method has been dishonoured We can no longer accept payment in this form and require settlement of Your outstanding account by bank transfer, secure card payment via , cash or paypal.
8.3. We may alter Our Storage charges at any time by giving You written notice and the new charges shall take effect on the first Due Date occurring not less than two months after the date of Our notice.
8.4. In the event of a default of the Prompt Payment of Your Debt:
8.4.1. We are relieved of any duty howsoever arising in respect of the Goods; and
8.4.2. the Goods are held solely at Your risk and We shall be able to immediately exercise the lien described below.
8.4.3. in default of the Prompt Payment of Your Debt, You authorise Us:-
8.4.4. to refuse You and Your agents access to the Warehouse inspect and/or remove the Goods;
8.4.5. to hold onto and/or ultimately dispose of some or all of the Goods;
8.5. in the event that Your Debt is not paid 30 days after the Due Date or You fail to collect the Goods after We have required You to collect them or upon expiry or termination of this Agreement, We may sell the Goods and pass all ownership to them and use the proceeds of sale to pay first the costs incurred by Us and secondly in paying Your Debt and to hold any balance for You. Interest will not accrue to You on the balance.
8.6. if the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by Us and Your Debt, You must pay any balance outstanding to Us within seven days of a written demand from Us, which will set out the balance remaining due to Us after the net proceeds of sale have been credited to You. Interest will continue to accrue on Your Debt until payment has been made.
8.7. before We sell the Goods, We will give You notice by email and/or text message of the amount of Your Debt at the date of the notice and that in default of payment within 10 days of the date of the notice, We will sell the Goods. We do not agree to give You any further notice of any intended sale.
8.8. We will sell the Goods by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale.
8.9. If the Goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite reasonable efforts, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost.
8.10. You will pay Our reasonable costs incurred in administering the debt collection and sale process
described in this condition. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for Our own time.
8.11. In the event that You do not pay Our storage charges, the Goods are left at Your sole risk. We exclude any liability in respect of the Goods when payment of Our Licence Fees or charges is overdue and exclude any duty of care howsoever arising.
9. DISCONTINUATION OF AGREEMENT
9.1. This Agreement may be discontinued by You by giving not less than 14 days notice which will take effect from Our acknowledgement. Goods may be removed before this notice period has expired but storage charges continue until the notice expiry date. Any overpayment made after this period ends will be refunded on a pro-rata basis.
9.2. This Agreement may be discontinued by Us by giving You not less than 28 days notice. Any notice given by Us to You under this Agreement must be in writing and may be served by e-mail or post.
9.3. On discontinuation of the agreement, You must remove all goods from the Warehouse and leave the Plot and surrounding area clean and tidy and in the same condition as at the Start of the Agreement. If You do not do so, You shall pay Our costs of cleaning the area and/or disposing of any goods or rubbish left behind.
9.4. We may treat Goods remaining in the area after the discontinuation date as abandoned and may dispose of them in accordance with Condition 8.5.
9.5. Where this agreement has ended and You have paid more storage Fees and charges than are due at this point, We will refund the balance to You after deduction of any payments due to Us within three working days by bank transfer. Where any payments are still outstanding from You, You must pay Us in full before We will release the Goods to You.
9.6. You agree to examine the Goods carefully upon removing them from the Warehouse and must tell Us about any loss or damage to the Goods before they leave the premises. We need to inspect any damage to the goods and to take photographic evidence, before You may proceed with any insurance claim on your independent policy for loss or damage.
10. DATA HELD ON CUSTOMERS
10.1. The information given by You in this Agreement, is done so in accordance with the Data Protection Act 1998. Your Data will be used for the purposes of this Agreement only, ie communicating with you and administering payments, and will not be released to any other party unless We consider that such release is appropriate to comply with the law, to enforce this Agreement, for fraud protection, or to protect the safety of any person or item on the premises.
10.2. In the event that We sell the ongoing business of Eazystore Ltd, We may disclose Your Data and account details to the prospective buyer of such business.
10.3. You consent to Us using Your Data for Our marketing purposes so as to provide you with information on products or services that You either request from Us or which We feel may interest you.
10.4. You will inform Us in writing of any changes to Your contact details or billing details,
11.1. Eazystore has a procedure in place for dealing with Customer Complaints and details of this can be obtained from any member of staff.
11.2. If satisfaction isn’t reached following a verbal complaint you must put details of the nature of the complaint in writing and address it to the owners/directors of Eazystore Ltd. We pledge to respond to any such letter within 7 days with a view to both parties attempting a mutually agreeable solution within a reasonable period of time. If the dispute cannot be resolved to mutual satisfaction within 30 days You or We may submit the dispute to the Court.
11.3. This Condition does not affect the right of either You or Us to terminate this Agreement.