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Woodbury Caravan and Boat Store
1. In these terms and conditions, the following words have the following meanings: Access Hours The hours we permit access to the Storage Area (as displayed on site). This Agreement These conditions and the information set out in the Agreement You have signed Business Day Any day other than a Saturday, Sunday or public holiday in England Due Date The start date specified in the Agreement You have signed and the corresponding date in each period specified in that Agreement (or the previous Business Day if the Due Date falls on any day which is not a Business Day). End Date The end date (if any) specified in the Agreement You have signed or the date of termination of the Agreement in accordance with Condition 21 Our Storage Charges The storage charges specified in the Agreement You have signed (which does not include insurance) Site The premises at Woodbury Business Park, Woodbury, Exeter EX5 1AY within which the Storage Area is situated Start Date The date specified in the Agreement You have signed Storage Area The storage area specified in the Agreement or any alternative storage area we may specify under Condition 11 Vehicle The vehicle specified in the Agreement You have signed We, us, our Woodbury Caravan and Boat Store Winter Storage Period The Winter storage period specified in the Agreement You have signed. You, Your The customer named in the Agreement You have signed
2. So long as Our Storage Charges are paid up to date, we will allow You (but no other person): 2.1 To use the Storage Area for the storage of the Vehicle in accordance with this Agreement from the Start Date until the End Date; and 2.2 To have access to the Storage Area at any time during the Access Hours for depositing, removing or inspecting the Vehicle and Your regular inspection of the Storage Area for damage to or unsuitability for the Vehicle. No access to the Storage Area will be permitted for any other purposes or outside Access Hours. We will try to provide advance warning of changes in Access Hours by notices on Site, but we reserve the right to change Access Hours to other reasonable times without giving any prior notice and so we recommend that You call us before making a special journey. If You have chosen internal storage then You must give us 14 days’ notice of the date You intend to remove the vehicle (and we reserve the right to refuse to allow removal during the Winter Storage Period). 2.3 Access outside of our stated house is with 24 hrs prior notice and at the discretion of Woodbury Caravan and Boat Store.
3. Only You and people authorised in writing or accompanied by You will be allowed to have access to the Storage Area. You are responsible for the actions of anyone that You authorise to access the Site and for anyone that You allow to accompany You on to the Site. You may withdraw any authorisation at any time but the withdrawal will not be effective until we receive it in writing. We may ask for proof of identity from You or any other person at any time (although we are not obliged to do so) and we may refuse access to any person (including You) who is unable to provide satisfactory proof of identity. We may refuse You access at any time if we reasonably believe that the safety of anyone on the Site, or the security of the Storage Area or its contents, or other storage areas or their contents, will be put at risk. 4. You must remove all personal effects and valuables from the Vehicle and You must ensure that the Vehicle is locked so as to be secure from unauthorised entry at all times when You are not in the Storage Area. We will not be responsible for locking any unlocked Vehicle or for looking after Your key. You should not leave Your key with (or permit access to Your Vehicle to) anyone other than someone authorised by You and subject to Your control. If You do so, You do so at Your own risk. We do not accept liability for any person including our employee or agent holding your key and having access to your Vehicle and any such person acts as your agent only.
5. You will permit us (and our agents and contractors) to enter the Vehicle and, if necessary, we may break the lock to gain entry at any time without notifying you: 5.1 If we reasonably believe that the Vehicle contains any items described in Condition 8 or is being used in breach of Condition 9; 5.2 If we are required to do so by the Police, Fire Services, Local Authority or by a Court Order; 5.3 For any purpose if we believe it is necessary in an emergency; 5.4 To obtain access in accordance with Conditions 11 or 17; 5.5 To prevent injury or damage to any person or property; or 5.6 If we reasonably consider that entry is necessary to check whether action needs to be taken to prevent injury or damage to any person or property. 6. You warrant that, throughout this Agreement, the Vehicle (including any contents) are and will remain Your own property (or that the person who owns or has an interest in them has given You authority to store the Vehicle in the Storage Area on the terms and conditions in this Agreement and that You act as the authorised agent of that person). You will pay any costs we incur, including costs in relation to any claims made against us, if this is not true.
7. We may require You to remove the Vehicle from the Storage Area if in our reasonable opinion the safety of anyone on the Site, or the security of the Storage Area or its contents, or other storage areas or their contents would be put at risk by that storage. 8. You must not store (and You must not allow any other person to store) any of the following in the Vehicle:- 8.1 Food or perishable goods unless securely packed so that they are protected from and do not attract vermin; 8.2 Birds, fish, animals or any other living creatures; 8.3 Combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents (other than gas bottles which cannot be removed from the Vehicle and which have been suitably secured and switched off and/or reasonable amount of fuel within a secure fuel tank fitted to the vehicle); 8.4 Firearms, explosives, weapons or ammunition; 8.5 Chemicals, radioactive materials or biological agents; 8.6 Toxic waste, asbestos or other materials of a potentially dangerous nature; 8.7 Any item which emits any fumes, smell or odour; 8.8 Any illegal substances, illegal items or goods obtained illegally; 8.9 Compressed gases. 9. You must not (and You must not allow any other person to): 9.1 Use the Vehicle or do anything on the Site or in the Storage Area which may be a nuisance to us or the users of any other storage area or any person on the Site; 9.2 Use the Storage Area as offices or living accommodation or as a home or business address nor use the address of the Site or the Storage Area for receiving or sending mail; 9.3 Spray paint or do any mechanical work of any kind in the Storage Area; 9.4 Attach anything to the external surfaces of the Vehicle or make any alteration to it; 9.5 Allow any liquid, substance, smell or odour to escape from the Vehicle or any noise to be audible or vibration to be felt outside it; 9.6 Cause any damage to the Storage Area or to anything else on the Site and if You cause any damage You must (at our option) repair, restore, or replace that damage or item or reimburse the reasonable costs of making necessary repairs, restoration or replacement or make proper compensation; 9.7 Leave anything in or obstruct or block 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. 9.8 Connect or provide any utilities or services to the Vehicle. 9.9 Smoke anywhere within the Site 10. You must (and You will ensure that anyone authorised by You must): 10.1 Use reasonable care when on the Site or in the Storage Area and take all reasonable care in respect of the Storage Area, the Site, and everything on it; 10.2 Comply with any reasonable directions made by us or our employees, agents and contractors and any further regulations for the use, safety and security of the Storage Area and the Site which we may issue from time to time. 11. This Agreement shall not confer on You any right to exclusive possession of the Storage Area or any part of it. We may at any time by giving You at least fourteen days’ written notice require You to remove the Vehicle from the Storage Area to another storage area specified by us (but we will not require you to move the vehicle from an inside storage area to an outside storage area). If we do this then: 11.1 We agree to pay Your reasonable costs of removal (as approved in writing by us before the removal); 11.2 If you do not arrange the removal of the Vehicle to the alternative storage area by the date specified in our notice, we and our agents and contractors may do so. In doing so, we and our agents and contractors will act on Your behalf and the removal will be at Your risk (except for loss or damage caused wilfully or negligently by us or our agents and contractors). 11.3 If the Vehicle is moved to an alternative storage area, this Agreement will be varied by the substitution of the alternative storage area but shall otherwise continue in full force and effect and Our Storage Charges at the rate set out will continue to apply to Your use of the alternative storage area. 12. You must pay us Our Storage Charges for the minimum period of storage on signature of this Agreement and thereafter must pay Our Storage Charges on the Due Date.
13. We may alter Our Storage Charges at any time by giving You written notice and the new storage charges shall take effect on the first Due Date which is at least 20 Business Days after the date on which the notice is given.
14. No payment will have been made until we have received clear funds from you and: 14.1 In the event that any cheque or direct debit is dishonoured, we may charge You for any reasonable costs or losses incurred by us each time the cheque is returned or direct debit is not allowed. 14.2 If You do not pay Our Storage Charges on the Due Date then we may charge you our reasonable costs and charges in relation to that late payment; 14.3 We may also charge you interest on all amounts overdue at the rate of 3% above the base rate of Lloyds TSB Bank plc, calculated from the date when the payment becomes due up to and including the date of payment in full (whether that is before or after any court judgement). 15. All sums payable to us under this Agreement will become due immediately upon termination of this Agreement in accordance with Condition 17 unless you have terminated this agreement due to our negligence. 16. If any sum payable under the Agreement is not paid on the Due Date, then: 16.1 In addition to any other rights we may have, we will be entitled to suspend Your access rights to the Storage Area and the Site and install a new lock on the Vehicle until the outstanding amount has been received by us. 16.2 If any sum payable under the Agreement is still outstanding one month after we give You written notice requiring You to pay all outstanding amounts in full, we may move the Vehicle to the nearest alternative storage facility available and charge You for all reasonable costs we incur in moving and storing the Vehicle, together with any repeated costs if we reasonably decide to move the Vehicle at any time afterwards; 16.3 If, having given You another 14 days notice, You have still not paid the outstanding amounts in full we may sell the Vehicle (and/or any contents) for the best price reasonably available (and pass good title to it). We will treat the Vehicle and/or any of its contents not sold as abandoned and destroy or otherwise dispose of them. We will use the proceeds of any sale to settle any outstanding sums due to us (and to cover the costs of sale and/or disposal) and will pay any surplus to You. 16.4 If the proceeds of sale are insufficient to discharge the full amount due to us then You will remain responsible for the balance and we may take action to recover the outstanding amount.
17. You must ensure that the Storage Area is suitable for the storage of the Vehicle. We cannot warrant that any storage area allocated to You is a suitable place or means of storage for any particular vehicle. We strongly advise You to inspect the Storage Area before storing the Vehicle in the Storage Area and from time to time throughout the period of this Agreement.
18. We do not exclude liability for physical injury to or the death of any person that we cause or for our fraud or wilful default (or that of our agents and/or employees). 19. You will reimburse us for any reasonable damages, costs and expenses that we incur which arise out of the use of the Storage Area or the Site by You or anyone You allow to access the Storage Area or Site (but this will not make You responsible for losses we incur which result from our own breach of this Agreement). 20. This Agreement shall end on the End Date.
21. Either You or we may terminate this Agreement as follows: 21.1 By giving at least 14 days written notice to the other (but if you have chosen internal storage and we exercise our right to refuse removal of the Vehicle during the Winter Storage Period then any notice you give will not take effect until the last day of the Winter Storage Period); 21.2 By immediate notice from You if we commit a breach of this Agreement and we do not put that breach right within 14 days of You notifying us of it. 21.3 By immediate notice from us if You commit a breach of this Agreement and You do not put that breach right within 14 days of us notifying You of it. 22. On the End Date, You must remove the Vehicle from the Storage Area and leave the Storage Area clean and tidy and in the same condition as at the Start Date. If you do not do so, You shall pay our reasonable costs of cleaning the Storage Area or disposing of any goods or rubbish left in the Storage Area or on the Site. We may treat any vehicle (and/or its contents) remaining in the Storage Area after the End Date as abandoned and may dispose of it in accordance with Condition 17. We do not provide waste bins for your use and so You will be responsible for the removal of any rubbish You create during the Agreement. If you leave rubbish on Site or use our bins a charge will be applied to your account for the cost of its removal.
23. Where this Agreement has terminated and You have paid more of Our Storage Charges than are due at the End Date, we will refund the balance to You after deduction of any payments due to us as if the balance were a Deposit under Condition 16. Where any payments are still outstanding from You, You must pay us in full before we will release the Vehicle to You. No interest will be due to you on the Deposit or any other money we hold for you.
24. If any part of this Agreement is void or unenforceable then that part of the Agreement shall be removed, but the remainder of this Agreement will continue to apply.
25. This Agreement is personal to You. You may not transfer this Agreement, to any other person, firm or company.
26. No one other than You or Us will have any rights under this Agreement.
27. Any dispute or claim that either You or we bring will be decided on the basis of the laws of England and Wales by the Courts of England and Wales alone.
28. This Agreement shall not create a tenancy or lease or similar arrangement.
29. Where You are two or more persons Your obligations under this Agreement shall be obligations of each of You separately.
30. If you need to give us any notice you must give that notice to us (or send it to us) in writing at the address given in the Agreement You have signed. We will also send any notice to You at the address You have given in that Agreement unless You let us know in writing of a different address.
31. If You tick the relevant box on the Agreement You have signed You consent to our use of the information given by You, for the purpose of sending You marketing materials through the post and You consent to us passing that information to other members of our group for the purpose of marketing their or our products or services to You by the same methods. You may choose not to receive marketing materials from us by not ticking the box on the Agreement.
32. We will not insure the Vehicle. 32.1 Storage of the Vehicle in the Storage Area is at your sole risk 32.2 You confirm to us that: 32.2.1 Prior to bringing the Vehicle onto the Site you have insured or will insure the Vehicle against all Normal Perils under a valid contract of insurance with a reputable insurance company for its full replacement value and will not cause or allow that insurance cover to lapse whilst the Vehicle remains on the Site; and 32.2.2 That the insurance cover will not be for a sum which is lower than the replacement True Total Value of the Vehicle 32.2.3 We exclude 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 Vehicle including as a result of negligence by us, our agents and/or employees. 32.2.4 Normal Perils in this Condition mean loss of or damage caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting and/or leaking pipes, theft (whether or not accompanied by forcible and violent entry or exit), riot, strike, civil commotion, malicious damage, and impact by vehicles. 32.3 You warrant that: 32.3.1 The True Total Value of the Vehicle You have written in the Agreement You have signed is the True Total Value of the Vehicle (including any contents); 32.3.2 The True Total Value of the Vehicle (including any contents) from time to time will not exceed that value (and this confirmation is repeated by You to us at each Due Date).
33. Before taking any court proceedings for anything arising out of this Agreement (apart from emergency court proceedings), the complaining party shall inform the other person in writing of the dispute in as much detail as possible and You and we agree to try informal conciliation within twenty business days of the notice of the dispute. If the dispute cannot be resolved, You and we agree to use the Centre for Alternative Dispute Solution to try to resolve the dispute amicably by using an Alternative Dispute Resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within 90 days after notice of the dispute has been given, You or we may submit the dispute to the Court. This Condition does not affect the right of either You or us to terminate this Agreement. |
