Terms & Conditions
GENERAL TERMS AND CONDITIONS – STORAGE AGREEMENT
Unless otherwise agreed in writing these general conditions (“Conditions“) will apply to all transactions in respect of the use of storage space/units/containers (hereinafter called “the Storage Unit”) by you the hirer (hereinafter called “the Customer“).
The Storage Unit shall be hired from Kinloss Country Storage or Kinloss Storage Ltd (hereinafter referred to as “Kinloss Storage ”) on the following terms and conditions and declaring that the goods stored or placed anywhere in the Kinloss Storage Unit shall be referred to as “the Goods”.
- PURPOSE, USE AND REPAIR
(a) You will be provided individual combination padlock for the Storage Unit. You are obliged to return the padlock at the end of the term of this agreement and throughout the terms of this agreement to ensure that the padlock is kept in good order and repair. Any padlocks broken or damaged by the Customer will result in the Customer’s charged for a new padlock
(b) Kinloss Storage grants the Customer a right to occupy and use the Storage Unit in accordance with the terms of this agreement for the sole purpose of storing permitted goods. The Customer may use the Storage Unit for storage of items permitted in accordance with this agreement and for no other purpose. The following are not permitted by the Customer: – a) use of Storage Unit as a workplace and b) no commercial activity may be exercised from the Storage Unit.
(c) The Customer is strictly forbidden from storing the following goods in the storage unit:– any living creatures, refuse or waste materials including any toxic or hazardous waste materials, food or perishable goods unless same are securely packaged so that they are protected and do not attract vermin, firearms, explosives, weapons or ammunition, any illegal substances, any chemicals, radioactive materials or biological agents, asbestos, fertiliser, glass bottles or any compressed gases or batteries, fireworks, car or motorcycle wrecks, combustible or flammable materials furthermore no liquids or water should be stored or contained within any item stored in the Storage Unit.
(d) The Customer is bound to use the Storage Unit in such a way that no damage to the environment or any disturbance can be reasonably expected to originate from the Storage Unit and is bound to take all necessary steps to prevent any environmental damage or nuisance to an adjacent Storage Unit.
(e) The Customer will use and maintain the Storage Unit with due care and in accordance with the permitted use and the terms of this agreement. The Storage Unit must be kept locked and clean at all times. The Customer is responsible for ensuring the Storage Unit is locked prior to leaving the site. Kinloss Storage will take no responsibility for goods lost or damaged on site.
(f) The Customer is not allowed to dispose of any waste goods in or outside the Storage Unit and if they do so will be charged waste removal costs by Kinloss Storage.
(g) The Customer confirms having visited, inspected and accepted the Storage Unit that it is in good condition and conforms with the agreed use the Customer expects to make of it.
(h) The Customer will comply with the provisions of this agreement together with any local regulations or the laws pertaining to the goods stored in the Storage Unit.
(i) The Customer acknowledges and accepts full responsibility and liability for all acts of any person who has access to the Storage Unit or who use the access code of the Customer.
(j) The Customer is bound to use the Storage Unit in such a way that no damage to the environment or any disturbance can be reasonably expected to originate from the Storage Unit and is bound to take all necessary steps to prevent any environmental damage or nuisance to an adjacent Storage Unit.
(k) Vehicles are only allowed for the purpose of delivering and collecting from the site.
(l) Customers give their permission to allow us to break their lock and/or for access to their Storage Unit in an emergency. This right shall apply to Kinloss Storage and any employees of same. Kinloss Storage will also access the Storage Unit if required to do so by the police, H.M. Customs and Excise, fire services, Local Authority, by any Court Order or as requested by any other emergency service.
(m) Kinloss Storage shall not be liable for any loss or damage which the Customer suffers as a result of Kinloss Storage performance of this agreement being prevented, hindered or delayed by any act of God, riot, strike or lockout, trade dispute, accident, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen, materials or transport or any circumstances out with the control of Kinloss Storage.
(n) The Customer hereby acknowledges and expressly agrees that nothing contained in this agreement shall be construed so as to create any legal or proprietary interest in the Storage Unit.
(o) The Customer may not attach anything to the walls, ceiling, floor or doors of the Storage Unit and must advise Kinloss Storage if any damage to the Storage Unit occurs.
- TERM OF THE AGREEMENT
Unless otherwise agreed a Storage Unit agreement is concluded for an initial period of One month. After this initial period the contract will continue on a month by month basis unless terminated by either party giving written notice of one month.
- CHARGES AND PAYMENT TERMS
The store charges and fees will be invoiced per calendar month together with any VAT applicable. Payment must be made in advance. Before a padlock will be provided the Customer must pay the first month’s rent and complete a direct debit mandate. Thereafter Kinloss Storage reserve the right to automatically take the next month’s payment unless they have been given notice of the termination of this contract. Twenty eight days’ advance notice is required for the termination.
A failure to pay the storage fee will incur a late payment interest charge of 10% per month and will result in the exclusion from the site. Kinloss Storage may break the lock on the Storage Unit and install a new lock whether or not Kinloss Storage have exercised their right to terminate this agreement and in these circumstances any goods or items left in the Storage Unit will become the property of Kinloss Storage.
If any part of the storage fee remains outstanding one month after the due date we may:–
(a) Give you written notice that we will remove all of the goods in the Storage Unit if all outstanding amounts due have not been paid within seven days of Kinloss Storage serving you notice to the address set out in the Schedule.
(b) On expiry of the seven days’ notice sell the goods on your behalf and pass good title to them and use the proceeds of sale to discharge any outstanding fees and charges due. If the proceeds of sale are insufficient to discharge your outstanding liability to Kinloss Storage you will remain liable for the balance.
(c) Treat any of the goods not sold as abandoned and destroy or otherwise dispose of them.
Kinloss Storage reserve the right to review the charges and fees. Reviewed charges will be applicable thirty days after written notice is provided by Kinloss Storage to the Customer.
In the event of the termination of the agreement please email us or call us directly to notify us of your proposed moving out date. Please ensure that Kinloss Storage have given confirmation of the proposed move out date.
The Customer will be obliged to vacate the Storage Unit on the move out date and Kinloss Storage reserve the right to re-let the Storage Unit from the move out date.
On termination of this agreement all goods must be removed from the Storage Unit and the Customer must leave the Storage Unit clean and tidy and in the same condition as at the commencement date.
Kinloss Storage reserve the right to pass charges to the Customer in respect of any repairs or cleaning of the Storage Unit after same has been vacated. Appropriate charges can be applied in the event the Storage Unit has to be cleaned, any goods disposed of or any rubbish left in the unit or on this site.
Any goods left in the Storage Unit after termination will be considered as abandoned and disposed of by Kinloss Storage.
In the event the Customer does not comply with any obligation imposed under law, fails to comply with the terms of this agreement, is subject to any form of insolvency event (including being unable to pay its debts, entering into liquidation or passing a resolution to wind up, suffering an application for administration or the appointment of an administrator or having a bankruptcy petition raised against an individual or in the event the individual is unable to pay debts and having no reasonable prospect of doing so) then Kinloss Storage have the right to terminate this agreement at any time without notice and without prejudice to any of its rights and remedies in terms of this agreement and Kinloss Storage shall be entitled to payment of all losses, charges, fees and other sums due hereunder and it shall be entitled to recover any goods which remain in the Storage Unit as contribution towards any such sums due. In addition the Customer shall be liable for Kinloss Storage’s costs in connection with debt collection and enforcement of the agreement.
Kinloss Storage do not provide insurance in respect of the Storage Unit nor its contents. The storage of goods in the Storage Unit is and always remains the sole risk of the Customer. Monstore Limited shall not be liable for any damage to the goods whatsoever nor any property damage nor any economic loss of the Customer.
Kinloss Storage provides no warranty as to the supervision of the storage facility nor the security of the storage facility.
The Customer agrees that the Customer shall be solely responsible for obtaining insurance to protect the goods and as such the exclusions and limitations of liability in this clause are fair and reasonable.
- APPLICABLE LAWS
The terms of this agreement are covered by the law of Scotland and any disputes which may arise out of or in connection with the terms of this agreement must be dealt with in the Courts of Scotland.
If any part of this agreement is null and void or subject to annulment the validity of all and any other part of the agreement remains unaffected. Any void or annulled clause will be replaced by a valid clause.
The Customer understands and accepts that these general terms and conditions apply to the use of the Storage Unit.
Kinloss Storage have the right to modify these general terms and conditions of storage and the Customer will be informed on any changes before implementation via mail, email or website. Following notification the Customer, after thirty days, is considered to be in agreement with any such changes unless the Customer has notified Kinloss Storage in writing that the Conditions are not accepted.
For two or more customers constitute the Customer all obligations shall be joint and several.
By accepting the terms and conditions outlined above the Customer declares to Kinloss Storage that they are the lawful owner of all goods stored and shall not use the Storage Unit for any illegal or immoral purpose.
This agreement shall be governed by the law of Scotland and the Scottish Courts shall have full jurisdiction in respect of any dispute arising in respect of these conditions.