- Monthly Payments of Rental
The Customer shall pay to the Owner the monthly rental in full on the 20th of the month following the date of the invoice without deduction or set off, whether or not the parties are in dispute over the fees or any other matter. Any charges for freight to and from the Site Address is payable on the first month’s invoice. Interest will be charged on overdue fees at the rate of 5% above the Owner’s bank’s standard commercial overdraft rate from time to time and shall be calculated daily.
All services, including the rental of the Containers, and use of the Containers for storage at the Site Address (“Services”), as requested by the Customer and agreed by the Owner shall be provided by the Owner in accordance with these terms and conditions, to the exclusion of all terms and conditions of the Customer. These terms and conditions may not be waived or modified except in writing signed by a director of the Owner.
- Safe Custody of Containers
The Customer shall keep and use the Containers at the Site Address, and at no other address unless authorised in writing by the Owner, in a manner that protects them from unauthorised entry and all damage, risk and hazard.
- Access to Containers
The Customer may access the Containers between [hours] or as otherwise notified by the Owner from time to time. It is necessary for the Owner to be able to determine when the Site Address will and will not be accessible by the Customer for various reasons including security, costs, safety, and other business reasons. As such, the Customer acknowledges and agrees that the Owner may change the access hours at its discretion and that it is reasonable for it to do so as part of its operation of the Site Address. The Customer will give the Owner, its servants or agents, at all reasonable times, access to the property where the Containers are kept for the purpose of inspecting or collecting the Containers.
- Ownership and Possession
The Containers shall remain the sole and absolute property of the Owner while being rented to the Customer. The Customer shall not sell, assign, pledge, underlet, charge, mortgage, lend or otherwise part with the possession of the Containers. If the Owner agrees to sell the Containers to the Customer, ownership shall not pass until payment of
the agreed sale price has been made in full.
- Security Interest
Where the rental period is for a term of over one (1) year, the Customer acknowledges that the Owner has a deemed security interest in the Containers under section 17(1)(b) of the Personal Properties Securities Act 1999 and may take steps to perfect that security interest, including registering a financing statement. The Customer agrees to pay any registration fees incurred by the Owner in doing so and to do all things and sign all documents required by the Owner for the Owner to perfect its security interest. The Customer waives the need for the Owner to forward to it a copy of any verification statement in respect of any financing statement or financing charge statement registered under the Act and waives also its rights under sections 116, 120, 121, 125, 126, 129 and 131 of the Act. The Customer agrees that nothing in sections 114(a), 113 and 134 of the Act will apply to this agreement or to any security interest created by this agreement.
The Customer cannot assign their rights and obligations under this Agreement.
- Loss, Damage and Liability
While the Containers are in the Customer’s possession, the Customer shall be liable for all loss, damage, grafitti or deterioration caused to the Containers by the Customer, the Customer’s servants, agents, any other person and by any other cause whatsoever. The Containers must be kept in a neat and tidy condition and returned empty to the Owner on termination of this Agreement.
The Customer must not cause any inconvenience or nuisance to any other person using the Site Address. This includes taking reasonable steps to ensure that no noxious substance or substance that may cause harm is stored in or escapes from the Containers to the surrounding area including any other Customers’ Containers.
The Customer shall keep the Owner indemnified against all claims, costs and expenses arising out of the Customer’s use and possession of the Containers, including and not limited to indemnifying the Owner and or other Customers for any loss, damage, claims, costs and expenses in the event that the Customer or the Customer’s goods stored in the Containers at the Site Address cause any damage to the
Owner’s property or the property of other Customers.
- Exclusion of Liability
All Services provided to the Customer by the Owner are provided in all respects at the Customer’s sole risk. The Customer must obtain its own insurance cover in relation to any goods in the Containers or any loss of or damage to the Containers, and must obtain appropriate liability insurance, and shall provide evidence on request. To the maximum extent permitted by law, the Owner shall have no liability whatsoever to the Customer or to any other person, whether direct, indirect or consequential, for the loss of or damage to Containers or goods in Containers or arising out of or resulting from or in any way connected to the provision of services, including the giving of advice, whether caused or contributed to by the negligence of the Owner or otherwise.
- Limitation of Liability
- Should the exclusion in paragraph 10 above be held to be unenforceable for any reason, the liability of the Owner for any loss of or damage to Containers or goods in Containers or arising out of or resulting from or in any way connected to the provision of Services, whether caused or contributed to by the negligence of the Owner or otherwise, shall be limited to $2000.
- Notwithstanding paragraph 12(a) above, should the loss of or damage to Containers or goods in Containers occur at a time when Part 5, Subpart 1 of the Contract and Commercial Law Act 2017 applies, the liability of the Owner shall be limited in accordance with section 259(2) of that Act.
- Consumer Guarantees Act 1993 does not apply
The Customer agrees that it is in trade for the purposes of the Consumer Guarantees Act 1993, that the Services are being acquired in trade and that it is fair and reasonable that the provisions of the Consumer Guarantees Act 1993 shall not apply to this agreement.
- Term of Agreement
This Agreement commences on the Start Date and will continue until terminated by the Customer or Owner in accordance with clauses 15 and 16 of this Agreement.
- Termination by Customer
The Customer may terminate this Agreement by one (1) day’s notice to the Owner. This Agreement shall terminate upon the payment of all amounts due by the Customer at the termination date and the Owner’s receipt of all the Containers in good condition (fair wear and tear excluded).
- Termination by Owner
The Owner may terminate this Agreement immediately if the Customer:
- Is in default in the payment of any rental and such default continues for a period of seven (7) days (whether proper demand by the Owner has been made or not);
- Has breached any other term of this Agreement, and has failed to remedy that breach within three (3) days of notice being given to the Customer by the Owner;
In the event of termination under this clause the Owner
shall be entitled to:
- Enter the property where the Containers are kept and retake possession of the Containers. The Customer hereby irrevocably authorises the Owner entry onto any property where the Containers may be kept for that purpose; and
- Recover all amounts owed by the Customer as at the termination date plus all of the Owner’s expenses as provided for in this Agreement.
- Debt Collection Costs
The Customer shall pay all of the Owner’s costs and expenses arising out of the Customer’s breach of this Agreement, and recovery of overdue fees. The Owner’s claimable costs and expenses include but are not limited to the Owner’s solicitor-client costs, debt collection agency fees, tribunal and court costs, and interest at the rate of 12% per annum on all amounts remaining unpaid after the termination date.
If the Customer is a company, partnership or trust, the directors of that company, partners of that partnership or trustees of that trust jointly and severally guarantee the Customer’s obligations under this Agreement including the payment of any monies owed by the Customer.