Below are our terms and conditions set out to ensure the safety and well-being of staff, property and our customers. If there is anything on our terms you don’t understand, or would like clarification, please contact us or raise any issues when coming to reception.
1.1 So long as Our Fees are paid up to date, We licence You and your Agent or Agents, but no other person:
(a) to use the Unit for the storage of Goods in the Unit in accordance with this Agreement from the Commencement Date until this Agreement is terminated; and
(b) to have access to the Unit at any time during the Wigan Self Store Hours only for the purpose of depositing, removing, substituting or inspecting the Goods and the Unit they are in. No access to the unit will be permitted for any other purposes or outside Wigan Self Store Hours. We may change the Wigan Self Store Hours at any time on giving You not less than fourteen days’ advance warning of changes in Wigan Self Store Hours by notices on Site, but in the case of emergency, We reserve the right to change Wigan Self Store Hours to other reasonable access times without giving You any such prior notice.
2.1 You are responsible and liable to Us and to other users of units on the Site for the actions of Your Agent(s).
2.2 On signing this Agreement, You shall provide Us with satisfactory proof of identity for both yourself and Your Agent(s). We shall be entitled to take a copy of such proof and retain it on Our files.
2.3 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.
2.4 You may withdraw any authorisation at any time but the withdrawal will not be effective until We receive it in writing.
2.5 We may refuse You or Your Agent(s) 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 content, or other units, or their contents will be put at risk.2.6 Please advise us immediately if your address and/or contact details or those of those people you have authorised change.
This Agreement shall not create a tenancy or constitute Us as bailees of Goods and it shall not confer upon You any right to exclusive possession of the Unit or any alternative unit specified under Condition 12.
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. You are responsible at all times for the safe custody of all keys to all locks which You place on the Unit.
5.1 You agree to allow Us and Our agents and contractors to enter the Unit and if necessary We may break the lock to gain entry if We give You not less than seven days’ notice that We wish to inspect the Unit or need to carry out repairs, maintenance and alterations to it or any other unit or part of the Site and You fail to grant Us access to the Unit when requested;
5.2 Regardless of clause 5.1 We may break the lock to gain entry at any time without notifying You if:
(a) We reasonably believe that the Unit contains any items described in Condition 8 or is being used in breach of Condition 9 or such entry is effected incidental to the exercise of Our powers pursuant to Condition 18;
(b) We are required to do so by the Police, Fire Services, Local Authority or by a Court Order;
(c) We believe it is necessary in an emergency, for any purpose;(d) to obtain access in accordance with Conditions 12 and 18;
(e) to prevent injury or damage to persons or property; or
(f) 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.
5.3 Where We have exercised Our rights to enter the Unit pursuant to Conditions 5.1 and 5.2 and in doing so We have broken Your lock, We will ensure that on Our leaving of the Unit, the Unit has been secured by means of a replacement lock for which You will be provided with keys.
You confirm that throughout this Agreement, the Goods in the Unit from time to time are Your own property or that of 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 & Conditions in this Agreement and that You act as a duly authorised agent of any such persons. If Your confirmation is or becomes untrue, You shall reimburse Us an amount equal to any loss or damage suffered by Us as a result of Your confirmation regarding the true ownership of the Goods being or becoming untrue, and Our damages shall include any loss, damage or expenses incurred by Us (including any reasonably incurred legal fees) arising from any claim, step or action taken by any person who owns or has an interest in the Goods or claims to do so.
We reserve the right to refuse to permit You to store any Goods or require You to collect any Goods from the Unit if in Our reasonable 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.
8.1 You must not store (and You must not allow any other person to store) any of the following in the Unit:
(a) food or perishable goods unless securely packed so that they are protected from and do not attract vermin;
(b) birds, fish, animals or any other living creatures;(c) combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;(d) firearms, explosives, weapons or ammunition;(e) chemicals, radioactive materials, biological agents;
(f) toxic waste, asbestos or other materials of a potentially dangerous nature;
(g) any item which does or could emit any fumes, smell or odour;
(h) any illegal substances, illegal items or goods illegally obtained;
(i) compressed gasses; or
(j) any bullion, coin, precious stones, jewellery, antiques or fine art unless specifically agreed with Us in writing, in advance of storing such Goods in the Unit.
9.1 You must not (and You must not allow any other person) to:
(a) 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;
(b) 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;
(c) spray paint or do any mechanical work of any kind in the Unit;
(d) attach anything to the internal or external surfaces of the Unit or make any alteration to the Unit;
(e) connect any electrical appliances to any power supply in the Unit or on the Site generally unless the appliance has first been tested in accordance with current legislation and a valid copy of the certificate is provided to the store manager at the Site;
(f) 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;
(g) 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 reimburse to Us the reasonable costs which We incur in making the necessary repairs or restoration. If, however, in Our reasonable opinion, We consider that the repair or restoration of the item would not be an effective way to remedy the damage caused, We will ask You to reimburse to Us the costs of such replacement. Please note that if this Agreement terminates and if at the Termination Date You have not reimbursed to Us Our reasonable costs of repair, restoration or replacement (whichever is the most appropriate in the circumstances), We shall be entitled to withhold from any Deposit which You have paid to Us such repair, restoration or replacement costs which We consider are reasonable, in accordance with Condition 14;
(h) 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;(i) connect or provide any utilities or services to the Unit unless authorised in advance in writing by Us.
10.1 You must (and You must procure that Your Agents will):
(a) 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
(b) inform Us immediately of any damage or defect to the Unit;
(c) act in a socially responsible manner and observe all reasonable rules and regulations regarding Your conduct of the Site, the safety and security of the Unit and Site, Fire Regulations, Health & Safety notices, Prohibited Goods notices and any other notices issued by Us and/or posted at prominent locations on the Site from time to time or to which You may be directed while on Site by any of Our employees, agents or contractors.
11.1 Your signature on this Contract confirms that you have received and understood the instructions regarding responsibility for Health & Safety whilst visiting the storage facility, that you have been shown the correct way to use the trolleys and trucks, and (where appropriate) the goods lift.
11.2 You accept that You are responsible for Your conduct and for the safe conduct of any other person who visits the facility with You, or on Your behalf;
12.1 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. Where We have requested You to move to another unit, You should provide Us with a statement of the anticipated costs, which You will incur in removing the Goods to another unit, in advance of doing so, and provided that these are reasonable, We will either pay these costs, on Your behalf, directly to such third party as You may instruct to move the Goods to the other unit or at Your option, We will pay You an amount equal to such costs. If You do not wish to move to another unit and continue with this Agreement, You may serve notice on Us to terminate the Agreement in accordance with Condition 24.
12.2 If We have asked You to move to an alternative Unit under Condition 12 and You have failed to move the Goods when required to do so or in the case of an emergency when We may require Goods to be moved without giving You any notice, You authorise Us to move the Goods to any other unit at the Site or, in extreme cases, where it is not reasonably possible or practicable to identify another unit at the site, to the nearest available site at Our own cost. We will use all reasonable efforts to ensure that any disruption to You is kept to a minimum.
12.3 If We have moved Your Goods under Condition 12 either because You have failed to move all of them when required to do so, or in the event of an emergency, We will not acquire any interest in or right to Your Goods or otherwise be responsible for the Goods which will be held by Us at Your risk. We will not be liable to You for any damage to any lock which We remove pursuant to Condition 12, nor for the cost of its replacement, nor for any loss or damage to the goods, unless We have wilfully or negligently caused such loss or damage.
12.4 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 Storage Licence Agreement will continue to apply to Your use of the alternative unit and We will continue to collect the total Insurance costs and Our Fees for arranging and administering any insurance arranged and administered by Us with this Licence.
13.1 On signature of this Agreement, You must pay Us:
(a) Our fees for the minimum period of storage; and
(b) where We have requested You to pay a deposit to Us, the Deposit.
(c) Following the expiry of the minimum period of storage, You must pay Our Fees on the Due Date.
14.1 If You have paid to Us a Deposit, this will be returned to You (without interest) after the Agreement terminates less any amount We may reasonably deduct to cover:
14.2 any breach of Condition 9; and/or
14.3 any of Our Fees (together with any interest due on outstanding payments and/or administrative charges due under Condition 15) which have not been paid or any unpaid removal or other charges; and/or
14.4 any other obligation to Us that You have not performed.
We may alter Our Fees at any time by giving You a minimum of four weeks’ written notice and the new Fees shall take effect on the first Due Date after the notice expires. If You do not agree with the level of the new Fees under this Agreement, You may serve notice on Us to terminate the Agreement in accordance with Condition 24.
16.1 The Prompt Payment of each and every sum (including interest) whether invoiced or not, owing from You to Us from time to time under this Agreement (‘Your Debt’) is an extremely important part of this Agreement, and if You fail to pay any sum owing under this Agreement on the Due Date for such sum, We shall seek to recover the outstanding sums owed by You to Us together with:
16.2 any interest on these sums. Interest on all amounts overdue will be charged at the rate of 4% above the base rate of HSBC 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 judgement and whether or not We exercise the right of sale under this Agreement; and
16.3 an administrative charge for late payment, (which is the larger of 10% of our Fees) or £10 will be added at 6pm on the 5th day following the Due Date. A further charge of £25 will be added at 6pm on the 12th day. A further charge of £50 will be added at 6pm on the 19th day. A further charge of £3 will be added at 6pm on the 27th day and a final charge of £80 will be added at close of business on the 34th day, unless payment is made in full.
16.4 If You are paying a promotional rate, and if You fail to pay any sum owing under this Agreement on the Due Date, then at 6pm on the 5th day following the Due Date, the promotional rate will permanently revert to the full standard retail price prevailing on the Due Date and subsequently, administrative charges outlined in Clause 16.3 may be additionally applied.
16.5 In addition to Our rights to recover payment of Your Debt pursuant to Condition 16.1 (and the sums referred to in that Condition), We may also terminate this Agreement under Condition 24.2(b).
16.6 Additionally, on each occasion any cheque or Direct Debit is dishonoured, at Our option You must pay Us an administrative charge of £25.
17.1 In default of Prompt Payment of Your Debt:
(a) we are relieved of any duty howsoever arising in respect of the Goods, except for any loss or damage to the Goods caused wilfully or negligently by Us and Our agents and contractors; and
(b) the Goods are held solely at Your risk and will continue to be held at Your risk even where the rights described below in Condition 18 are exercised.
18.1 In default of Prompt Payment of Your Debt, We shall be entitled to:
(a) keep hold of some or all of Your Goods until We have received payment in full of all the charges You owe Us and You shall pay Us fees and charges for continued holding of the Goods at the same rates as under this Agreement or if this Agreement has been terminated, at the rate payable immediately prior to termination. If You pay Us by cheque, We shall not be considered to have received payment until the cheque has been cleared by Your bank; or
(b) exercise immediately the rights described below in Condition 18 and sell such of Your Goods as is necessary for us to recover payment of Your Debt in full.
(c) If We decide to exercise either of Our rights set out in Condition 18, You authorise Us:
(d) to refuse You and Your Agents access to the Goods, the Unit and the site;
(e) to enter the Unit and if necessary break Your lock to gain entry;
(f) to secure the Unit with Our own lock in addition to or as an alternative to Your lock;
(g) to remove and retain the Goods; and(h) to ultimately dispose of some or all of the Goods in accordance with Condition 18.
18.2 Before We sell the Goods, We will give You notice in writing by registered or recorded delivery post to the address given in the Storage Licence Agreement or any address in England and Wales notified by You to Us in writing prior to Our notice, specifying any particulars that We have of Goods, the amount of Your Debt at the date of the notice (and We shall specify, what We have reasonably calculated to be, the amount by which Your Debt is increasing after the date of that notice) and directing You to pay. If payment is not made within seven days after the date of the notice, We will sell the Goods. We will not give You any further notice of any intended sale.
18.3 We will sell the Goods by the best method(s) reasonably available to achieve the best selling price reasonably obtainable in the open market, taking into account the cost of sale.
18.4 We will use the proceeds of sale to pay first the costs incurred by Us in the sale and removal of the Goods and secondly, to discharge Your Debt.
18.5 Any balance will be held for You. Interest will not accrue to you on the Balance.
18.6 If the proceeds of sale are insufficient to discharge the costs of sale incurred by Us and Your Debt without deduction, 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 not accrue on the balance of Your Debt until it has been paid in full.
18.7 If the Goods cannot be sold for a reasonable price or at all (for any reason whatsoever), or despite Our efforts they remain unsold, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost.
18.8 The terms of this Condition are additional to and without prejudice to all or any rights You or We may have at common law or otherwise.
Because the nature and type of Goods being stored by You from time to time is at Your discretion (subject to Conditions 8 and 9), You must ensure that the Unit is suitable for the storage of the Goods that You store or intend to store in it. We do not guarantee or represent in any way that any unit allocated to You is a suitable place or means of storage for any particular Goods. We strongly advise You to inspect the Unit before storing Goods in the Unit and from time to time throughout the period of this Agreement.
20.1 We DO NOT offer insurance
20.2 We do not give any advice concerning the insurance cover and it is for you to make your own judgement whether your insurance is appropriate to cover the Goods and risks to them.
20.3 Storage of Goods in the Unit is at your sole risk.
20.4 You warrant to us as follows:
20.4.1 that prior to bringing the Goods onto the Site you have insured or will insure the Goods against all Normal Perils under a valid contract of insurance with a reputable insurance company for their full replacement value and will not cause or allow that insurance cover to lapse whilst the Goods or any of them remain on the Site.
20.4.2 that the insurance cover will not be for a sum which is lower than the replacement value of the Goods stored in the Unit from time to time.
20.4.3 all liability in respect of loss or damage relating to Your business, if any, including consequential loss, lost profits or business interruption, and all liability in respect of loss or damage to the Goods caused by Normal Perils, including as a result of negligence by us, our agents and/or employees above the sum of £100.00 which we consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the Goods.
20.5 Normal Perils in this Condition mean loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting &/or leaking pipes, building movement or subsidence, theft , forcible and/or violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles.
20.5 You warrant that:
20.5.1 you have declared to your insurer the true total value of all the Goods;
20.5.2 the aggregate value of the Goods stored in the Unit from time to time will not exceed that value; and this warranty is repeated by You to us at each Due Date.
20.6 Nothing in this Contract shall make us Your agent.
21.1 Subject to any exceptions set out in the Agreement:
21.2 Our entire liability to You under this Agreement (including as a result of Our breach of this Agreement and/or negligence by Us, Our agents and/or employees) shall not exceed the true total value of the Goods set out in the Storage Licence Agreement.
21.3 In addition to Condition 21.2 You should note that We exclude all liability to You in respect of:
(a) loss or damage relating to Your business, if any, including but not limited to loss of profits, business, interruption, loss of goodwill or reputation, and loss of future profits or business, regardless as to how such loss or damage was caused;
(b) loss or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by Us or any deliberate or negligent act or omission on Our part; and/or
(c) loss or damage to the Goods which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
21.4 It is a condition of this agreement that:
(a) You have written in the Storage Licence Agreement the true value of all the Goods;
(b) The aggregate value of the Goods stored in the Unit from time to time will not exceed that value, unless specifically agreed otherwise with Us; and
(c) This promise/assurance is repeated by You to Us at each Due Date.
(d) We do not exclude liability for physical injury or the death of any person and which is a direct result of Our negligence or wilful default or that of Our agents and/or employees.
You will reimburse Us for an amount equal to all claims, demands, liabilities, damages, costs and expenses incurred by Us or by any of Our servants, or agents or which We have incurred towards other unit users or persons on the Site as a result of any improper or unauthorised use of the Unit or the site by You or any of Your servants, Agents or invitees or which arise out of Your negligence, or the negligence of Your servants, Agents or invitees, or the breach of this Agreement by You.
In the event of circumstances which are outside Our reasonable control and in respect of the consequences, We do not agree and are not obliged by this Agreement to maintain the safety or security of the Goods, the Unit or the Site in order to keep the Goods free from damage or loss. Neither You nor We shall have any liability under or be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement which results from circumstances beyond the reasonable control of that party. 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 failures, threat or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Site by, or arrest or seizure or confiscation of Goods by competent authorities.
24.1 This Agreement shall expire on the Termination Date or as described in Condition 24.2.
24.2 Either You or We may terminate this Agreement:
(a) by giving not less than fourteen days’ written notice to the other ending on any Due Date and termination will take effect from that Due Date, which shall be the Termination Date; or
(b) immediately by giving written notice to the other if the other party commits a serious breach of any term of this Agreement and (in the case of a breach capable of being remedied) shall have failed within fifteen days after service of a notice to do so, to remedy the breach. The Termination Date shall be the date the notice is effectively served by one party on the other in accordance with Condition 38.
24.3 Notwithstanding the fourteen days’ notice period required to terminate this Agreement under Condition 24.2(a), You may terminate this Agreement on giving Us less than fourteen days’ notice of Your intention to do so if We agree.
24.4 When You issue notice to vacate as required in clause 24.2 of this Agreement, a unique reference number will be issued to You, which You should retain for use in subsequent correspondence. Upon vacation of Your Unit, You will need to call at the facility to inform a member of the team, who will then accompany You to inspect and secure Your Unit and complete a vacation record in order that storage rental can be terminated. Should You vacate outside office hours, it will be incumbent upon You to arrange for yourself or Your representative to return to the facility office during office hours in order that the inspection can be undertaken and rental can be terminated. Hours of office opening are displayed at the facility.
25.1 Immediately on the Termination Date, You must remove all goods (including the Goods) from the Unit and leave the Unit clean and tidy and in the same condition as at the Commencement Date. If You do not do so, You shall pay Our reasonable costs of cleaning the Unit or disposing of any goods (including the Goods) or rubbish left in the Unit or on the Site. In default of the Prompt Payment of Our Fees and any payments due to Us under this Agreement, We are relieved of any duty howsoever arising in respect of the Goods and they are held solely at Your risk, except where any loss or damage to the Goods is caused willfully or negligently by Us and Our agents and contractors. We may treat Goods remaining in the Unit after the Termination Date as abandoned and may dispose of them in accordance with Condition 18.
25.2 Where this Agreement has terminated and You have paid more of Our Fees and charges than are due at the Termination Date, We will refund to you any full unused days rentals after deduction of any payments due to Us under the provisions of this Agreement as if the balance were a Deposit under Condition 14. No interest will accrue on any money held by Us for You. Where any payments are still outstanding from You, You must pay Us in full including any outstanding interest before We will release the Goods to You. No refund will be due if you accepted one of our discounts and you terminate your agreement during this period.
You agree to examine the Goods carefully upon removing them from the Unit and You must tell Us about any loss or damage to the Goods as soon as is reasonably possible after doing so, in any event within 7 days. Any delay in reporting losses or damages to Goods to Us could make it more difficult for us to deal with Your claim.
You acknowledge that We may wish to use the information given by You, including Your personal information, for marketing and other purposes and/or to pass this information on to other carefully selected third parties whose goods or services We believe may be of interest to You. If You do not wish to receiving marketing or other materials either from us or our chosen third parties, please inform us and we will be remove your details from our data base.
28.1 Any delay by Us in exercising or failure to exercise any of Our rights under this Agreement will not affect Our rights or be a waiver of those rights, nor will any partial exercise of any right exclude a further exercise of that right.
28.2 Every provision in this Agreement is severable and distinct from every other provision and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way. This provision will not be enforced against non-business customers.
28.3 We intend to rely upon the written terms contained within this Agreement. You should not rely upon any promises, representations or claims made by any of Our employees, agents or contractors which are not also contained within this Agreement. Any changes to this Agreement which are agreed between Us and You must be recorded in writing and it is Our practice to ensure that such documents are signed on Our behalf by one of Our directors.
28.4 You may not assign any of Your rights under this Agreement or part with possession of the Unit or Goods whilst they are on the Site to any other person, firm or company. Should You do so or attempt to do so, this will be treated as a serious breach of the Agreement under Condition 24.2(b).
28.5 This Agreement does not confer any rights on any third parties and the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
28.6 This Agreement shall be governed by English law and You and We submit to the exclusive jurisdiction of the English courts.
28.7 Where You are two or more persons, Your obligations under this Agreement shall be joint and several .
28.8 Any notice given under this Agreement must be in writing and may be served by personal delivery to the person notified or its address or by pre-paid post. Your address for service of notices shall be Your address written in the Storage Licence Agreement or any other address in England and Wales which You have subsequently notified to Us in writing. Any notice to You will also be sent to any owner (whether sole, joint or co-owners), the name and address of whom We have been previously notified by You. Any notice to Us must be sent to Our address set out in the Storage Licence Agreement. A notice will be deemed to have been served at the time of personal delivery or forty-eight hours after it has been placed in the post.
28.9 Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings), the parties agree to attempt to resolve the matter informally, in which case the complaining party should inform the other partyin writing of the dispute in as much details as possible and You and We may agree to try informal conciliation. If the dispute cannot be resolved informally within a reasonable period of time, You and We may agree to use the Centre for Effective Dispute Resolution to try to resolve the dispute amicably by using a recognised alternative dispute resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within a reasonable period of time, You or We can submit the dispute to the Court. This Condition does not prevent or otherwise restrict either You or Us from referring any dispute between Us directly to the Courts without first having tried to resolve the matter informally, nor does it affect the right of either You or Us to terminate this Agreement.