TERMS AND CONDITIONS
Monthly contract between BLACK BEAR STORAGE and Customer
Note that these terms and conditions are accepted during customer sign-up. You must read these in detail. By signing up, making payment, and moving your contents into Black Bear Storage, you are accepting these terms and conditions.
Facility Owner details:
Facility Owner: BLACK BEAR STORAGE LIMITED, also referred to as Black Bear Storage.
Black Bear Storage office address: 225-231 London Road, Staines, Middlesex, TW18 4HR, London.
Black Bear Storage email address: info@blackbearstorage.co.uk
Please advise us immediately if your contact details, including address, change.
KEY POINTS
Contract type: This is a monthly recurring contract that can be cancelled at any time and runs continuously until cancelled.
Notice period: Notice can be provided at any time. No further charges are made after notice is provided, and Customer will have access to their unit until 6.00pm on the one-month anniversary of their last payment.
Customer owns or is authorised to store the Goods.
Storage fees must be paid in advance and on time.
If you fail to comply with the conditions of this agreement, Black Bear Storage has certain rights, which include the right to cancel access to your unit, to seize and sell and/or dispose of your goods.
Customer must keep the unit secure.
Customer must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
Customer must check the unit is suitable for storing the Goods.
Black Bear Storage’s liability for loss of and damage to Goods is limited to £100.
Goods are stored at your sole risk. You must take out insurance cover.
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CONDITIONS OF AGREEMENT
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STORAGE:
1. So long as all fees are paid up to date, Customer: (a) is licensed to store Goods in the Unit allocated to Customer by Black Bear Storage from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.
2. Black Bear Storage: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian nor a warehouseman of the Goods and Customer acknowledges that Black Bear Storage does not take possession of the Goods; (c) does not grant any lease or tenancy of the Unit; and (d) provides unit sizes that are approximate and there may be small variations in your unit size and dimensions from those described. In signing this contract, you agree to the actual size of the unit you use and not any represented unit size.
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COST:
3. Customer is responsible to pay:
(a) the Storage Fee (being the amount set out on Black Bear Storage website at storestuffni.com at the time of booking, as otherwise agreed or as most recently notified to Customer by Black Bear Storage) payable in advance on the first day of each storage period (Due Date) and it is Customer’s responsibility to see that payment is made directly to Black Bear Storage on time and in full throughout the period of storage. Black Bear Storage will not accept that payment has been made until it has received cleared funds;
(b) a Cleaning Fee, to be invoiced at Black Bear Storage’s discretion in circumstances described in this Agreement;
(c) any costs incurred by Black Bear Storage in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees; and
(d) any government taxes or charges (including any value-added tax) levied on any supplies made under this Agreement. Where Customer has more than one agreement with Black Bear Storage, all will form one account with Black Bear Storage and Black Bear Storage may, in its sole discretion, elect to apply any payment made by or on behalf of Customer on this agreement against the oldest Debt due from Customer to Black Bear Storage on any agreement in the account.
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DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:
4. Black Bear Storage takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 34, if any sum owing to Black Bear Storage is not paid when due, Customer authorises Black Bear Storage without further notice to:
(a) refuse Customer and its agents access to the Goods, the Unit and the Facility and lock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full;
(b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Customer for all reasonable costs of doing so on any number of occasions; and
(c) apply additional charges against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Condition 7.
Customer acknowledges that (a) Black Bear Storage shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) Black Bear Storage will sell the Goods as if Black Bear Storage was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Customer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Customer has received will be payable by Customer in full.
5. On expiry or termination of this Agreement, if Customer fails to remove all Goods from the Unit, Black Bear Storage is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 6 to 8. Customer is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt).
6.Before Black Bear Storage sells or disposes of the Goods, it will give Customer notice in writing directing Customer to pay (if Customer is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by Customer to Black Bear Storage in writing and by email if you have elected not to receive traditional mail. If no address within the UK has been provided, Black Bear Storage will use any land or email address it holds for Customer. If Customer fails to pay the Debt and/or collect the Goods (as appropriate) within one month of this notice, Black Bear Storage will access your space and begin the process to sell or dispose of the Goods. Customer consents to and authorises the sale or disposal of all Goods without further notice regardless of their nature or value. Black Bear Storage will sell the Goods for the best price reasonably available in the open market, considering the costs of sale. Black Bear Storage may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.
7. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all these costs and the Debt, Customer must pay Black Bear Storage the balance within 7 days of a written demand from Black Bear Storage. Black Bear Storage may take action to recover the balance, and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from Customer, Black Bear Storage will hold the balance for Customer, but no interest will accrue on it.
8. If, in the opinion of Black Bear Storage and entirely at the discretion of Black Bear Storage, a defaulting Customer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, Customer authorises Black Bear Storage to treat the Goods as abandoned and Black Bear Storage may dispose of all Goods by any means at Customer’s cost. Black Bear Storage may dispose of Customer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of Black Bear Storage, severely damaged, of no commercial value, or dangerous to persons or property. Black Bear Storage does not need the prior approval of Customer to take this action but will send Notice to Customer within 7 days of assessing the goods.
9. Any items left unattended in common areas or outside the Customer’s Unit at any time may at Black Bear Storage’s discretion be moved, sold or disposed of immediately with no liability to Black Bear Storage.
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ACCESS:
10. Customer has the right to access the Unit during Access Hours as posted by Black Bear Storage and subject to the terms of this Agreement. Black Bear Storage will try to provide advance warning of changes to Access Hours by notice at the Facility but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
11. Only Customer or others authorised or accompanied by Customer (its Agents) may access the Unit. Customer is responsible for and liable to Black Bear Storage and other users of the Facility for its own actions and those of its Agents. Black Bear Storage may (but is not obliged to) require proof of identity from Customer or any other person at any time and, at Black Bear Storage’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
12. Black Bear Storage may refuse Customer access to the Unit and/or the Facility where monies are owing by Customer to Black Bear Storage, whether or not a formal demand for payment has been made, or if Black Bear Storage considers the safety or security of any person, unit or goods on or at the Facility will be put at risk.
13. Customer should not share access with or permit access to the Unit to any person other than its own Agent who is responsible to Customer and subject to its control. If Customer does so, it does so at its own risk.
14. Customer authorises Black Bear Storage and its agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry:
(a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility;
(b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or if Black Bear Storage believes the Unit is being used to store prohibited goods or for a prohibited purpose; or if Black Bear Storage is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or exercise Black Bear Storage’s lien or power of sale or disposal in accordance with this Agreement.
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CONDITIONS:
15. Black Bear Storage will not be responsible for locking any unlocked Unit. Where applicable, Customer will secure the external gates and/or doors of the Facility.
16. Customer must not store (or allow any other person to store) any of the following in the Unit:
(a) food or perishable goods unless securely packed so they are protected from and do not attract vermin;
(b) any living creatures;
(c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases;
(d) firearms, explosives, weapons or ammunition;
(e) chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances;
(f) any item that emits fumes, or odours;
(g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks);
(h) goods which are environmentally harmful or that are a risk to the property of any person; and
(i) items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.
The Customer will be liable under Condition 27 for any breach of this Condition 16.
17. Customer will use the Unit solely for the purpose of storage and shall not (or allow any other person to):
(a) use the Unit as offices or living accommodation or as a home, business or mailing address;
(b) use or do anything at the Facility or in the Unit which may be a nuisance to Black Bear Storage or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit);
(c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of Black Bear Storage or any other person;
(d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit;
(e) connect or provide any utilities or services to the Unit unless authorised by Black Bear Storage; or
(f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Facility.
18. The Customer must maintain the Unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness of or damage to the Unit or Facility, Black Bear Storage will be entitled to charge a Cleaning Fee, and/or claim full reimbursement from the Customer of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse or other items left behind anywhere in the facility, or that in any way affects the use of the facility by others. Such charges will be applied to the customer’s payment method in the first instance and will incur a minimum £75 fee.
19. Customer must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Black Bear Storage of any damage or defect immediately it is discovered and comply with the reasonable directions of Black Bear Storage’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as Black Bear Storage shall issue periodically. Customers must not block any entrance, block any car parking spaces or leave items outside or inside the facility such as to block access in any way. Customers found doing so will incur a fee of at least £75 in the first instance and may have their contract terminated with immediate effect.
20. This Agreement does not confer on the Customer any right to exclusive possession of the Unit and Black Bear Storage reserves the right to relocate Customer to another Unit not smaller than the current Unit (a) by giving 14 days’ notice during which the Customer can elect to terminate their agreement under Condition 3 or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, Black Bear Storage will pay Customer’s reasonable costs of removal if approved in writing by Black Bear Storage in advance of removal. If Customer does not arrange removal by the date specified in Black Bear Storage’s notice, then Customer authorises Black Bear Storage and its agents to enter Unit acting as Customer’s agents and at Customer’s risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 25).
21. The Customer must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and is advised to inspect the Unit before storing Goods and periodically during the storage period. Black Bear Storage makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.
22. Black Bear Storage may refuse to permit Customer to store any Goods or require Customer to collect any Goods if in its opinion storage of such Goods creates a risk to the safety of any person or property.
23. Customer must give Notice to Black Bear Storage in writing of the change of address, phone numbers or email address of the Customer within 48 hours of any change.
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RISK AND RESPONSIBILITY:
24. Black Bear Storage will not be liable for any loss or damages suffered by Customer resulting from an inability to access the Facility or the Unit, regardless of the cause.
25. The Goods are stored at the sole risk and responsibility of Customer who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason whatsoever. Black Bear Storage excludes all liability in respect of loss or damage to (a) Customer’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods above the sum of £100, which Black Bear Storage considers to be the normal excess on a standard household policy whether or not that policy would cover the Goods. Black Bear Storage does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or wilful default on the part of Black Bear Storage, its agents and/or employees.
26. Black Bear Storage does not insure the Goods, and it is a condition of this Agreement that the Goods remain insured at all times while they are in storage against all Normal Perils for their Replacement Value. Customer warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the Replacement Value. Black Bear Storage does not give any advice concerning insurance cover given by any policy and Customer must make its own judgment as to adequacy of cover even when facilitated by Black Bear Storage. Inspection of any insurance documents provided by Customer to demonstrate cover does not mean Black Bear Storage has approved the cover or confirmed it is sufficient.
27. Customer will be liable for and compensate Black Bear Storage for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Black Bear Storage or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by Customer or any of its Agents or (c) enforcement of any of the terms of this Agreement.
28. Customer acknowledges and agrees to comply with this Agreement and all relevant laws and regulations as are or may be applicable to the use of the Unit. This includes laws relating to the material which is stored and the manner in which it is stored. Liability for any and all breach of such laws rests absolutely with Customer, and includes any and all Liabilities resulting from such a breach.
29. If Black Bear Storage has reason to believe that Customer is not complying with all relevant laws, Black Bear Storage may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 14 and 34, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at Customer’s expense. Customer agrees that Black Bear Storage may take such action at any time even though Black Bear Storage could have acted earlier.
30. In respect of circumstances outside Black Bear Storage’s reasonable control, Black Bear Storage shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power or internet failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, Black Bear Storage will not be responsible for failing to allow access to the goods, Unit and/or the Facility for so long as the circumstances continue. Black Bear Storage will try to minimise any effects arising from such circumstances.