Student Storage - Terms & Conditions

Introduction

These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement.  

Where we use the word ‘you’ or ‘your’ it means the Client: ‘we’, ‘us’ or ‘our’ means the Company.  

These terms and conditions can be varied or amended subject to prior written agreement.  

Your attention is particularly drawn to Clauses 7 and 14 which limit our liability and you should therefore consider specialist insurance to cover your goods or premises in these particular cases.  

This insurance will form a separate Agreement between you and the Insurers and separate conditions will apply.  

1 Interceptions and definitions  

“Charges” means the cost of the Storage, Collection, any Packaging Materials, Redelivery, Services or any other services as set out in the booking.   

“Claims” means any claim for breach of the Company’s obligations under this Contract or otherwise in pursuance of performance of this Contract.   

“Client” means the person, firm or company (most likely student) who purchases the use of the Storage services or the Specified Services from the Company; “Company” means .The Green Man & Van Ltd (trading as StudentStorage.Com) with registered address Unit T13, Leyton Industrial Village, Argall Avenue, London, E10 7QP.

“Contract” means any contract between the Company and the Client for the sale and purchase and use of the Storage services or Specified services, incorporating these conditions;   

“Dangerous” means any goods specified in the current Goods Approved List issued by the Health and Safety Commission; any contraband; dangerous weapon; drug; poison; damaging, hazardous, toxic, unstable or explosive article or substance or any article or substance likely to encourage vermin or other pests or likely to cause infection or disease or anything which, although not included above, is (in the sole opinion of the Company) of a similar kind or nature.   

“Items” means any box, suitcase, bike, guitar or other item listed in the Company’s central client database and/or held at the storage facilities;   

“Recall” means a request from the Client received, timed and acknowledged by the Company to recall all or part of the items in Storage (including delivery of the items by the Company to the Client or collection of the items from the Client) within 48 hours as set out in Clause 4.2;   

“Specified Services” means those services in addition to Storage agreed to in the booking.   

“Storage” means the storage and holding of items including unloading and loading and packing of items and such other ancillary services and the words “store” and “stored” shall be constructed according;   

“Storage Facilities” means the place that the items are held in Storage.  

2 Application of Terms  

All Contracts will incorporate these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any other document). No terms or conditions endorsed upon, delivered with or contained in the Clients confirmation of order or other document will form part of the Contract. These conditions apply to all the Companies supplies and any variation to these conditions and any representations about the Specified Services shall have no effect unless expressly agreed in writing and signed by a director of the Company. No order placed by a Client shall be deemed to be accepted by the Company until the Company accepts the Items from the Client for the Storage or Specified Services. The Client must ensure that the terms of its order and any applicable specifications are complete and accurate. Any quotation is given on the basis that no contract will come into existence until the Company accepts the Items from the Client for Storage or the Specified Services. Unless previously withdrawn by the Company any quotation is valid for a period of 30 days from its date. The term of this Contract shall commence on the date the Company accepts the Client’s items for Storage or the Specified Services. Each Contract will run for an initial term expiring seven (7) days after the first date of term as referred to in the official 2012-2013 term dates calendar of the Client's relevant attended university or college,  (unless an earlier date is indicated by the Client or otherwise agreed in writing by the Company) and will continue thereafter until terminated in relation thereto.  

3 Description  

The description of the required Storage and the Specified Services shall be as set out in the Company’s quotation or booking summary email in relation thereto.  

4 Storage  

4.1 Any items in Storage shall be available to the client to access at any time upon 48 hours notice having been given by the Client to the Company.   

4.2 The client shall be entitled to make a 48 hour Recall request at rate charged at £30, items can be collected by the client themselves or delivered at a cost of £20 per item. Where the specified Items are to be delivered to or collected from the Clients such delivery (or collection) shall be to (or from) such address as may be agreed between the parties. The Charges are always due in advance.   

4.3 The Company (and its agents) reserve the right to remove all or any items in Storage for the purposes of inspection, cleaning and repairs to the Storage Facilities or in an emergency to establish whether entry is required in the interests of safety or to prevent damage or injury to persons or property or to remove prohibited items or if the Company is required to do so by any public services, authority, or court order, or to comply with any other clause of this contract.  

5 Specified Services  

The Company shall supply the Specified Services as agreed in the relevant quotation or booking summary email. It shall be the Clients responsibility to inform the Company as to whether there is any reason the items are not suitable for, or may be harmed by the Specified Services being carried out by the company. Any loss or damage to the items arising out of the Specified Services being carried out shall be at the clients own risk.  

6 Client’s Undertakings  

6.1 The Client undertakes and warrants to the Company that the Client is either the owner of the items or is authorised by such owner to accept this Contract on such owners behalf.   

6.2 The Client also warrants that nothing concerning the items for the specified services or the items in Storage or kept with the items in Storage are Dangerous or of a dangerous nature.   

6.3 The Client will indemnify the Company against all loss, damages, expenses (including professional fees) claims, demands, actions or proceedings the Company suffers as a result of the Company’s procession of the clients items or any breach of any contract with the Client. The Client will pay an extra storage charge equal to the amount of any fine or penalty payable by the Company wholly or partly as a result of a breach by the Client of this Contract. If the Company believes that the Client is in breach of any Contract, it may demand the immediate removal of any items held for the Client, or arrange that those items are removed without notice at the Client’s expense.  

 

7 Company’s Liability for Items and Other Losses (the Client's attention is drawn to this Clause)   

7.1 Subject to Clause 7.9 the Company only covers £80 per box stored, £100 per suitcase stored, £100 per bike stored and £80 per guitar stored. The Client shall make arrangements to cover all items against all risks to the full insurable value thereof (including all duties and taxes). Goods can be insured for extra via the Company.   

7.2 Subject to conditions 7.1, 7.3 and 7.9 below, the company excludes all liability whatsoever and howsoever arising in respect of the items including (without limitation) all liability for loss, damage, duties and taxes, deterioration, delay, non delivery, miss delivery, unauthorised delivery or non-compliance with instructions.   

7.3 Nothing in these conditions excludes or limits the liability of the Company 7.3.1 for death or personal injury caused by the Company’s negligence 7.3.2 under section 2(3) of the consumer Protection Act 1987; 7.3.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or 7.3.4 for fraud or fraudulent misrepresentation   

7.4 All other warranties, conditions and terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract   

7.5 Subject to clauses 7.3 above the Company shall not be liable to the Client for any loss or profit or indirect or consequential loss of any kind nor shall the company be liable for any sentimental or other unknown or unquantifiable value under circumstances.   

7.6 No legal proceedings may be brought against the Company unless such are issued and served within 3 months of the event giving rise to the Claim.   

7.7 The Company shall not be liable hereunder for any loss or damage to the extent that the same is caused or contributed to by a breach of any of the Client’s warranties and undertakings or in circumstances in which Clause 14 applies.  

7.8Where the Specified Services include the Company collecting the items for Storage or such other Specified Services, subject to clause 7.9 the Company shall be liable to the Client for any loss or damage to such items occurring between collection and storage due to the fault or negligence of the Company subject always to a maximum aggregate liability of £2000.   

7.9 Where the items to be collected by the Company from the Client for Storage are in a sealed box such that the Company cannot verify the condition of the items to note any defects, the Company shall not be liable for any loss or damage to any items contained.  

8. Damage to premises or property other than goods  

8.1 Because third party contractors are frequently present at the time of collection or delivery the Company's liability for loss or damage is limited as follows:  

8.1.1 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.  

8.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.  

8.1.3 If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.  

9.Time limit for claims  

9.1 For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.  

9.2 If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.  

9.3 Notwithstanding clauses 7, 8 and 14 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.   

9.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.  

10 Revision of Charges  

The Company’s Charges in this Contract may be revised by the Company from time to time; any such revision shall not be effected until the expiry of 21 days from the date notice of the proposed revision is given to the Client.  

11 Postponements or Cancellations  

Customers can cancel for a full refund (minus a small administration fee of £5) either before the packing kit has been delivered or 7 days before collection. Cancellations after packing kit delivery or between 2 and 7 days before collection will be charged a £40 administration fee and refunded the remaining balance. All cancellations received within 24 hours of collection are not entitled to a refund. Should the 48 Hour Recall of Items be postponed or cancelled by the Client, the Company shall be entitled to recover from the Client all expenses incurred.  

12 Payment  

12.1 All Charges are payable in full and in advance.  

13 Lien  

The Company shall have general lien on the items and all other property of the Client or owner within the Company’s possession for any moneys howsoever due from the Client or such other owner to the Company. If any such moneys are not paid , or the items are not removed from the custody or control of the Company within a reasonable time , the Company may on giving no less than 28 days prior written notice and at the Company’s absolute discretion if such payment has not been made and/ or the items have not been so removed, sell the items or such other property, or part thereof, as agent for the owner and apply the proceeds towards moneys due and the expenses of the retention, insurance and sale of the items and other property. Furthermore, the Company shall have on the items a particular lien, as well as a general lien entitling it to retain the items as security for payment of all sums due from the Client on any account (relating to the items or otherwise). Storage charges and interest shall continue to accrue on any items detained under the lien.  

14 Exclusions of Liability  

14.1 Other than as a result of our negligence or breach of contract the Company will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances.  

14.1.1 By fire howsoever caused.  

14.1.2 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, third party industrial action or other such events outside the Company's reasonable control.  

14.1.3 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.  

14.1.4 By moth or vermin or similar infestation.  

14.1.5 By cleaning, repairing or restoring unless the Company arranged for the work to be carried out.  

14.1.6 By change to atmospheric or climatic conditions.  

OR  

14.1.7 For any goods in box, case, package or other container not both packed and unpacked by us.  

14.1.8 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.  

14.1.9 For any goods which have a pre-existing defect or are inherently defective.  

14.1.10 For animals and their cages or tanks including pets, birds or fish.  

14.1.11 For plants.  

14.1.12 For perishable items and/or those requiring a controlled environment.  

14.1.13 For any items referred to in Clause 15.  

14.1.14 For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the items including but not limited to loss of use or amenity.  

14.2 No employee of the Company shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.  

14.3 The Company's liability will cease upon handing over the items from the Storage Facility.  

15. Goods not to be submitted for Storage or Specified Services  

15.1 Unless previously agreed in writing by a director or other authorized company representative, the following items must not be submitted for Storage or Specified Services and will under no circumstances be moved or stored by the Company. The items listed under (15.1.1) below may present risks to health and safety and of fire.  

Items listed under (15.1.2) to (15.1.6) below carry other risks and the Client should make their own arrangements for their transport and storage.  

15.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.  

15.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.  

15.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.  

15.1.4 Perishable items and/or those requiring a controlled environment.  

15.1.5 Any animals, birds or fish.  

15.1.6 Goods which require special licence or government permission for export or import.  

15.2 If the Company does agree to remove such goods, the we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them within a reasonable time we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.  

16 Applicable law  

This Contract is subject to the law of the country in which the office of the Company issuing this Contract is situated.