Terms & Conditions
1 Definitions
1.1 Self-storage means the hire of a container on a site owned or operated by AR Wholesale for use by the Hiree for the purpose of storage of goods or chattels.
1.2 The ‘Hirer’ is AR Storage. AR Storage is a trading name of AR Wholesale Ltd of Mount Pleasant Way, Stokesley Industrial Park, Stokesley, North Yorkshire, TS9 5NZ, registered in England number 12923295.
1.3 The ‘Hiree’ is the person/persons (to include successors or personal representatives), Company or Firm specified in the agreement.
1.4 The ‘Equipment’ is the self storage unit including lock and fitments, hired from the Hirer and also any other equipment loaned or hired to the Hiree by the Hirer, whether specified in the agreement or not.
1.5 The ‘Agreement’ is the application form completed by the Hiree to utilise the services and or Equipment of the Hirer
2 Consents, Licenses or Permission
The Hiree must comply with all Acts of Parliament, Council Orders, Statutory Instruments, restrictions, stipulations and conditions affecting the use of the Equipment.
3 Period of Hire
The Period of Hire commences on the day specified in the Agreement for the commencement of the hire of the store and terminates on the day the keys are returned to possession of the Hirer or the date that the Equipment is completely emptied of the goods or chattels of the Hiree including items regarded as waste, whichever is the later. Both first day and last day are included in the Period of Hire. No credit is allowed on the hire of the Equipment for any holiday periods, which may occur during the Period of Hire.
4 Right of Hirer to Inspect
The Hirer reserves the right, by necessity, for itself, its agents or servants to have reasonable access to the Equipment to inspect, test, adjust, repair or replace said Equipment.
5 Delivery
The Hirer undertakes to make available Equipment on the dates stated in the agreement. Although failure to do so may be a fair basis for cancellation of order it will not be a fair basis of a claim against the Hirer for costs arising from the Equipment not being available. In such circumstances the Hirer will make every effort to supply suitable alternative Equipment within a reasonable time to meet the needs of the Hiree.
6 Access
The Hirer will ensure that there is suitable and unrestricted access to the Equipment subject to site opening hours. Failure to do so may be a fair basis for cancellation of order. It will not be a fair basis of a claim against the Hirer for costs arising from the container not being accessible. (This term does not prejudice the provisions of the clause 21 of these Terms and Conditions).
7 Opening of, and Entry into Containers
The Hiree may open and enter into the Equipment at any time, subject to any opening hours applicable at the site.
8 Loading and Unloading
The Hiree is responsible for the loading and unloading of the Equipment hired.
9 Activity
The Hiree shall not carry out any activity on the premises owned or operated by the Hirer or use a store belonging to the Hirer other than for those activities associated with the normal definition of storage.
10 Use
The Equipment is offered by the Hirer solely for use for the purposes of self-storage and shall not be used for any other purpose. The Hiree shall not store within the container any goods or items which may be hazardous to other users of the Hirer’s self-storage facilities or which may through negligence or mishap cause damage to adjacent containers.
The Hiree shall not use the Equipment for the storage of livestock of any kind.
The Hiree shall not use the Equipment for any illegal activities or conduct illegal activities from the Equipment, including but not restricted to the storage of illegal goods and products.
The Equipment is an enclosed area within the definition of no smoking legislation and the Hiree must ensure that no one smokes within the Equipment whilst the Equipment is on hire.
The Hiree shall be liable in the event of a mishap resulting from actions of the Hiree or involving the contents of the Hiree’s self storage unit which results in damage to the property of other users of the self-storage facilities or to the property of anyone else or injury to persons using or in the vicinity of the self-storage facilities.
The Hirer undertakes to provide a lockable self-storage facility, which is in good and working order. The Hirer accepts no responsibility for the security of the Equipment or its contents nor does any landlord from whom the Hirer has rented land to carry out the business of self-storage whether the property has security protection or not.
The Hiree is responsible for returning the Equipment to the Hirer in good order at the end of the Period of Hire and if not shall be responsible for all charges to bring the Equipment to good order including cleaning, removal of rubbish and making good any damage caused including by break-in or attempted break-in.
The Hiree is responsible for the removal of all rubbish resulting from activities on site and must maintain the area around the Equipment in good order. Failure to do so may result in a charge for cleaning or removal of rubbish.
The Hiree shall comply with operational conditions of the site including health and safety and environmental requirements and shall restrict himself to activities directly associated with the storage, loading and unloading of goods or chattels to and from the Equipment.
If the Hiree intends at any stage to store waste of any nature within any container then the Hiree shall first seek clarification from the Environment Agency and the Hirer before commencing such storage.
Any breach of this clause 10 will be remedied as a default in payment would be in clause 20 of these terms and conditions.
11 Mains Services
Mains services are not connected to the Equipment and the Hiree shall not attempt to arrange temporary or permanent connection of mains services to the Equipment under any circumstances.
12 Maintenance, Care and Alterations
The Hirer agrees to make available the Equipment in good and sound condition for the duration of the Period of Hire. If it is the opinion of the Hiree that the container is not suitable then provided that this is brought to the attention of the Hirer within 2 working days of commencement of the Period of Hire then the Hirer will endeavour, where reasonably practicable, to provide alternative suitable Equipment. If this is not practical then this may be a fair basis for cancellation of the Agreement. However it will not be a fair basis of a claim against the Hirer for costs arising from suitable Equipment not being available. The Hiree shall be responsible for maintaining the Equipment to the standard as at the commencement of the Period of Hire (or following repair or improvement), for using the Equipment in a reasonable manner and returning said Equipment on completion of the Period of Hire in a good condition (fair wear and tear excepted). The Hiree is responsible for all loss or damage to the Equipment caused by actions or negligence of the Hiree. If the contract is terminated, the Hiree continues to be responsible for all loss or damage to the equipment until the keys to the Equipment are returned into the possession of the Hirer or the date that the Equipment is completely emptied of the goods or chattels of the Hiree, whichever is the later. Any loss or damage will be charged to the Hiree. The Equipment must not be altered or modified by the Hiree in any way.
13 Repairs
The Hiree shall not attempt to repair the Equipment and shall inform the Hirer immediately of any loss, damage or repairs needed to the Equipment. The Hirer undertakes to deal with repairs as soon as reasonably practicable or, at the discretion of the Hirer and subject to availability, to offer an alternative container. The Hirer may also suspend further use by the Hiree of the Equipment in need of repair until such repairs may be carried out. The need for repairs may be a fair basis for cancellation of the Agreement however it will not be a fair basis of a claim against the Hirer for costs arising from the Equipment, or an alternative, not being available.
14 Loss or Damage
The Hirer accepts no responsibility for any loss or damage to the Equipment or its contents. This includes damage or loss due to extreme weather or other external conditions.
15 Sublet
The Hiree shall keep the Equipment in the sole possession of the Hiree and shall not sell, assign, mortgage or sub-let the Equipment (or any part thereof).
16 Off-Hire
At the termination of the Period of Hire the Hiree shall return the equipment into the possession of the Hirer empty and in good condition (except for fair wear and tear). The Hiree shall remove all goods or chattels stored before the Equipment is returned to the Hirer. The Hiree shall be responsible for any costs incurred by the Hirer in restoring the Equipment to good condition and for removing and disposing of any goods or chattels left behind by the Hiree. The equipment shall not be regarded as off-hired until the keys have been returned by the Hiree to the Hirer and the equipment is empty and in the same condition (subject to fair wear and tear) as when the Period of Hire commenced.
17 Identification Marks
The Hirer reserves its right to retain its mark or plate on the Equipment identifying it as the property of the Hirer and the Hiree shall not deface, remove or cover up the same.
18 Availability
Quotations are offered subject to availability of the Equipment at the time of enquiry. At the time of hiring the Hirer reserves the right to offer an alternative item of Equipment should the original quoted be unavailable.
19 Rental and Payment Terms
19.1 An initial payment for the time remaining in the current calendar month plus the following month, is due on the day the Equipment is taken on hire.
19.2 All further payments are to be made by Direct Debit. Payment will be taken on the first working day of the month for that calendar month in question.
19.3 Minimum rental period is one week.
19.4 Bank holidays and public holidays are included for the purpose of calculating prices.
19.5 The Hirer reserves the right to request a deposit against the hire of a store and associated equipment.
19.6 Following off-hire the Hirer will credit the Hiree with whole unused periods due, subject to deduction for any expenses incurred by the Hirer to, clean up after the Hiree, to empty the Equipment hired by the Hiree, to rectify any damages caused by the Hiree, or the replace any equipment not returned to the Hirer.
19.7 Subject to rectifications mentioned in 19.6, following off-hire the Hirer will refund any deposits, which have been paid, to the Hiree at the address for correspondence given by the Hiree when entering into the contract, unless otherwise advised or agreed, within 14 days of termination of the hire.
19.8 The Hirer reserves the right to amend hire rates at any time on new or existing contracts after the minimum period has expired. The Hiree will be given advice in writing by normal postal services to the address given by the Hiree for correspondence.
20 Business Rates
The Hiree is responsible for the payment of any Business Rates on the container should they arise.
21 Default in Payment
21.1 If the Hiree shall default in any payment due, the Hirer shall have the right to
a) Cancel all or any part of any discount; and
b) Charge interest upon all monies outstanding at the rate of 2% per month compound until the date of receipt of the outstanding monies by the Hirer; and
c) Suspend any outstanding delivery of goods or part thereof until default of payment has been made good
d) Lock any containers utilised by the Hiree to prevent their being emptied.
21.2 Should the Hirer have to place any account on stop for non-payment all invoices no matter what the normal credit terms are or deemed to be will be payable in full within seven days of the account being placed on stop. Should payment be received upon the ruling of a court reasonable costs will be claimable by the Hirer from the Hiree for the time that the Hirer spends at and travelling to the court and the travelling costs to get to and from the court. All such travel is deemed to start and finish at the Hirer’s head office.
21.3 Should the Hiree fail to honour a direct debit request made by the Hirer the Hiree will refund to the Hirer ten pounds Sterling exclusive of Value Added Tax in fees for each time a direct debit request is dishonoured. Should payment be made by credit or debit card, an administration fee of 2% may be added to the fee payable.
21.4 Should the Hiree dishonour a direct debit request, the amount claimed, plus the administration charge in clause 20.3 will be charged to the credit/debit card details on the Agreement.
21.5 Should payment fail to be collected under clause 20.4, payment of the account is due in full within seven days.
21.6 Should the Hiree have any amount outstanding and unpaid for a period of 30 days or more, the Hirer reserves the right to dispose of or auction the contents of the Hiree’s container(s) remitting the amount raised to the Hiree after first deducting all costs and interest incurred by the Hirer in requesting the Hiree to settle the Hiree’s debt.
21.7 The above rights are without prejudice to any other rights or remedies that the Hirer might have. No waiver by the Hirer of its rights under these conditions shall be deemed to imply acceptance or condoning of the default or any subsequent default in payment.
22 Termination
22.1 The contract can be terminated by the Hiree at any time and charges shall be payable in accordance with the relevant minimum hire period.
22.2 The Hirer may terminate the contract forthwith should;
a) the Hiree fails to comply with any of the conditions herein, including non-payment of rent within twenty-one days of the due date;
b) the Hiree be committed for any act of bankruptcy or levy against the Hiree of any distress or execution;
c) the Hiree enters into an arrangement with creditors or, in the case of a Limited Company, goes into liquidation;
d) the Hiree puts into jeopardy or prejudices in any way the Hirer’s interest in the Equipment through any act or omission on his part.
22.3 If for any reason the rent remains unpaid for a period of seven days or the contract is terminated for any other reason specified in this clause, or for any other default on the part of the Hiree, the Hirer shall be entitled through proper legal process to recover all monies due to it under the terms of this contract. (See also the clause in these Terms and Conditions headed ‘Suspension & Removal’).
22.4 If the agreement specifies a fixed period of hire and notice of termination is not served by the Hiree on the Hirer, the agreement will be deemed to continue automatically unless terminated by the Hirer in accordance with these terms and conditions.
22.5 If no fixed period is specified, the Hirer may terminate any contract for the hire of a self-storage unit and equipment on one month’s written notice.
23 Suspension & Removal
23.1 If the Hirer has cause to take action with reference to clause 20, including all sub-clauses, of these Terms and Conditions the Hirer reserves the right within Law, to restrict access to the equipment on hire whilst legal action is progressed to recover monies owing. Following a reasonable period of time during which the Hirer has attempted to obtain settlement for monies owing, the Hirer, by necessity, may have no alternative other than to remove items from the Equipment to allow the Equipment to be rehired commercially. In such circumstances the Hirer will communicate with the Hiree in writing to the address for correspondence given in the agreement using a premium postal service, which requires a proof of delivery. The goods or chattels removed from the store will, so far as possible be retained for a period of one calendar month before final disposal. While goods or chattels are held in a store by the Hirer the agreed charge for hire will continue to apply until monies owing are paid.
23.2 Should the Hirer have received county court judgment against the Hiree the Hirer reserves the right to empty the Equipment hired by the Hiree and sell the contents to satisfy the debt for which judgment has been received, subject to giving the Hiree seven days written notice.
23.3 Any funds received from the Hirer exercising rights in clause 21.2, less any consequential expenses incurred, will be allocated against judgment received. Any excess will be remitted to the Hiree within fourteen days of receipt by the Hirer. Any deficit will remain payable by the Hiree.
23.4 The Hirer accepts no responsibility for selling items under such circumstances at a value below what the Hiree considers to be market value
24 Insurance and Indemnity
24.1 Unless otherwise expressly agreed the Hiree is responsible for arranging insurance of contents of the Equipment and the Hirer will not be liable for loss or damages suffered.
24.2 Where the Hirer suffers loss as a result of damage to or loss of the Equipment (or part thereof) as a result of acts or negligence of the Hiree then the Hiree shall be liable as follows:
a) If the Equipment is damaged and it can be economically repaired, in making good the damage.
b) In any other case, in compensating the Hirer for all loss suffered as a result of the loss or damage.
24.3 The Hirer accepts no responsibility for loss or damage suffered by the Hiree to persons, vehicles, goods or chattels whilst on the premises of the Hirer other than where it can be proved it has occurred as a direct result of negligence on the part of the Hirer or its agents.
25 Extent of Contract
No warranties or conditions other than specifically set forth shall be implied or deemed incorporated in or form part of the Contract. The Hiree admits that no representations to him on behalf of the Hirer which may have induced him to enter into the contract.
26 Errors and Omissions
Whilst every endeavour has been made to include all contingencies, the Hirer cannot be held responsible for any errors and omissions arising from circumstances beyond its control.
27 Essence of Contract
Each and every condition herein set out including stipulations as to time is hereby declared to be of the essence of every contract made with the Hirer and any breach of these conditions shall entitle the Hirer forthwith and notwithstanding any contract to cancel all current contracts with the Hiree and to refuse to supply to the Hiree any further services and forthwith to sue and recover without any deduction whatsoever the full price of all services supplied to the Hiree up to and (if any) after the date of the discovery of the breach notwithstanding that the due date for such payment may not have arrived.
28 Notices
All notices required hereunder from the Hiree shall only be effectively given if sent and delivered by registered post to the address of the Hirer as stated in clause 1 of these terms or notified from time to time in writing.
29 Severability
Should any part of this contract found to be unenforceable such part shall be severed from the remainder of the contract which shall remain in full force and effect.
30 Force Majeure
The Hirer will not be liable for any failure or delay or for the consequences of any failure or delay in performance of the agreement, if it is due to any event beyond the reasonable control and contemplation of the Hirer including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and the Hirer will be entitled to a reasonable extension of time for performing such obligations.
31 Governing Law and Jurisdiction
All contracts to which these conditions of sale apply no matter where concluded will be subject to English law and deemed to be made at the Hirer’s head office and any disputes will be resolved by the English courts.
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Direct Debit Form
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