Storage Conditions
- 1. Interpretation.
- The following definitions apply, “we” “our” “us” “CBS” “CBS Office Solutions” are reference to CBS Office Solutions Limited.
Covenants given by more than one person will be deemed to be given jointly and severally.
- 2. The Supply of Services.
- We will after receipt of your first payment and further ongoing payments provide the storage to you until such time that the agreement is terminated in accordance with clause 9.
You warrant that you are either the owner of the property or you are authorised by the owner of the property to accept these Conditions on his or her behalf.
We do not inspect the contents of the property when it is either collected or delivered to our property, nor do we have knowledge of its nature, condition or state of repair.
- 3. Charges.
- The storage charges are due on the start date and thereafter every 28 days.
Non-payment of the storage charges within 28 days of falling due will entitle us at our absolute discretion to sell or in the event that a sale would not be economically viable destroy and dispose of the property as we see fit at your expense.
The proceeds of any such sale effected pursuant to sub-clause 3.2 above may be applied by us any unpaid Storage Charge and to any other costs charges and expenses incurred in connection with such sale.
Any sale effected pursuant to sub-clause 3.2 above will be without prejudice to our rights to recover from you any balance outstanding.
Payments are accepted by, Direct Debit, Standing Order, Cheque, BACS, Cash.
- 4. Rights of Access.
- We will allow at our discretion access while accompanied by one of our authorised employees.
- 5. Your undertakings and obligations.
- When the property is collected or delivered to us it will not contain perishable goods, animals or living creatures.
You are required to inform us in writing of any special storage requirements due to the nature, weight or condition of the property.
None of the property is to contain hazardous, toxic or radioactive materials nor any pollutant or contaminant in either liquid, solid or gaseous form, nor will be firearms and munitions. Illegal substance and Data.
None of the property constitutes waste as defined by law.
You may not transfer or assign your rights or obligations under this agreement.
- 6. Liability.
- We accept liability for any loss of or physical damage to the property which is directly caused by our negligence, or the negligence of our agents or employees, but you agree that we will not be liable for any other loss or damage howsoever arising and, in particular that: we will not be liable for any neglect, financial, economic or consequential or special loss, and further that our total liability shall not in any circumstances exceed the total value of the property as specified by you in or pursuant to the storage agreement.
- 7. Indemnity.
- You will indemnify us and keep us indemnified against all and any costs, charge, expenses, damages or losses incurred or suffered or becoming payable by us in connection with, or as a result of any demand, claim, or action or other proceedings brought against us arising out of, or in connection with, the provision of the services, including but not limited to the following;
Any dispute as to the ownership of the property or as to the person entitled in law to the possession of the property.
The dangerous nature or any dangerous characteristic of the property.
- 8. Insurance.
- You accept that the property stored is at your sole risk and expense. You will be solely responsible for taking out appropriate insurance at the full replacement value of the property unless you have indicated otherwise in the agreement overleaf. You will upon request provide a copy of your insurance certificate that confirms such insurance exists. In addition, you are obliged to notify us of any increases in the total value of the stored property.
You will procure that your policy of insurance will contain a waiver of the insurers right of subrogation against you, our employees or our agents.
9. Termination.
- 7 days notice by either party is required to terminate this agreement.
Either you or we may terminate the storage agreement by written notice to the other with immediate effect on the occurrence of a breach by either of us of the agreement.
You will collect the property and remove it from the premises upon termination by you becoming effective or within 3 days of any termination by us becoming effective.
If you fail to collect the property and remove it from the premises in accordance with sub-clause 9.3 above, we reserve the right to dispose of the property at your cost.
- 10. General.
- These conditions form the entire agreement between you and us and supersede and extinguish all earlier agreements and arrangements of any kind between us.
We will not be liable in anyway for any delay or failure to perform our obligations or any loss, damage or delay incurred by you resulting from circumstances beyond our reasonable control which will include without limitation, labour disturbance, accident, failure of services, breakdown of plant or machinery, fire or flood.
A secondary location may be used for items stored on your behalf.
This agreement may by assigned by us either in part or full.
We have a general lien over the property, which entitles us to retain the property as security for payment of all sums becoming due and payable by you under the storage agreement and for any other monies, which you owe us.
Nothing in this storage agreement will be treated as a tenancy or lease.
Nothing in the storage agreement is intended to confer on any rights to enforce any term of it which that person would not have but for the contracts (Right of Third Parties) Act 1999.
This agreement and these conditions are governed by English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
