Terms - Delivery and Collection Service
DELIVERY AND COLLECTION SERVICE
1. Subject to the terms and conditions of this Agreement, FO will (a) accept delivery of goods (Delivered Goods) on behalf of the Storer and will place the Delivered Goods in FO’s designated delivery room for collection by the Storer and (b) will accept goods from Storer for collection by courier or other third parties (Collection Goods) and will place the Collection Goods in FO’s designated delivery room for collection by a courier or other third party (Service).
2. FO agrees to provide the Service: (a) so long as the Storer is paying for a storage unit within the Facility; (b)on the terms and conditions set out in this Agreement; and (c) reserves the right to discontinue offering this Service by giving one (1) month’s notice.
3. FO (a) takes possession of and is a bailee of the Delivered Goods until such Delivered Goods are collected by the Storer; (b) takes possession of and is a bailee of the Collection Goods until such Collection Goods are collected by a courier or other third party; and (c) may refuse Delivered Goods or Collection Goods in certain circumstances (see section entitled Acceptance of Goods below).
5. The Storer: (a) agrees and consents to the terms and conditions set out in this Agreement and the Fee Schedule; (b) will pay for the Service provided by the FO; (c) will indemnify the FO for any loss arising to the FO as a result of the FO providing the Service. Storer may terminate the Agreement by giving written notice and acknowledges this Agreement will terminate automatically on termination of the Standard Agreement or the last of them if more than one is in place.
6. The Storer agrees to pay the Fee as agreed between the Storer and FO and set out in the attached Fee Schedule, or as notified by the FO to the Storer in writing from time to time. COLLECTION OF GOODS
7. FO will email and/or SMS the Storer to advise that Delivered Goods has been received.
8. Delivered Goods are to be collected by the Storer within seven (7) days of notification of delivery. Storer must ensure that Collection Goods are collected within seven (7) days of being deposited with FO for collection. Delivered or Collection Goods not collected within that time will attract a Deliveries Storage Fee, as set out in the Fee Schedule.
9. Delivered or Collection Goods not collected within six (6) months of delivery or deposit (as applicable) will be disposed of by FO.
ACCEPTANCE OF GOODS
10. FO will not accept items which it believes to be hazardous, dangerous, perishable, stolen, inflammable, explosive, illegal, create a risk to property or person or which are otherwise prohibited items described in the Standard Agreement.
11. FO will only accept deliveries of Delivered or Collection Goods during posted hours, which may vary from time to time, and may differ from Facility opening hours.
12. Collection Goods must be appropriately packaged and such packaging must indicate clearly the intended recipient of the Collection Goods.
RISK, RESPONSIBILITY AND LIMITATION ON LIABILITY
13. FO shall not be obliged to check the condition of Delivered Goods on delivery to the Facility and shall have no responsibility or liability to the Storer for the condition of Delivered Goods on delivery.
14. FO shall not be obliged to check the condition of Collection Goods when they are deposited with FO and shall have no responsibility or liability to Storer or any third party for the condition of Collection Goods at or beyond the point of collection.
15. Delivery and Collection Goods are accepted for storage in the FO’s delivery room at the sole risk of the Storer who shall be responsible for and bear the risk of any and all theft, damage to and/or deterioration of the Delivered and/or Collection Goods including without limitation any and all risk of loss or damage caused by flood, fire, leakage or overflow of water, mildew, heat, pest or vermin, spillage of material, or any other reason whatsoever including acts or omissions of the FO, its agents and/or employees other than where such acts or omissions amount to negligence or breach of contract.
16. FO excludes all liability in respect of loss or damage (a) to Storer’s business, if any, including consequential loss, lost profits or business interruption and (b) resulting from Storer’s inability to access the delivery room, regardless of the cause. FO does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or wilful default on the part of FO, its agents and/or employees.
17. Any damages, whether physical or economical loss which the FO is liable to pay to the Storer pursuant to this Agreement (including damages for negligence or damages for consequential loss) are limited in all cases to the lesser of the market value of the Delivered or Collection Goods (as applicable) and the fees paid by the Storer to the FO for the Service in the 12 months prior to the date on which the Delivered and/or Collection Goods which are the subject of the claim were delivered to or deposited with FO.
18. The Storer specifically acknowledges that it is aware of the limitation of liability set out in Condition 16 above and that, in all the circumstances, and taking into account the negotiations between the parties and their relationship, such limitation on the FO’s liability is a reasonable one. STORER’S LIABILITY AND INDEMNITY
19. The Storer agrees to indemnify and keep indemnified the FO from all claims relating to any loss or damage to property or personal injury suffered by the FO or its employees or third parties resulting from or incidental to the delivery of Delivered Goods to the Facility and/or deposit of Collection Goods with FO and/or the storage of those Delivered and/or Collection Goods in FO’s delivery room.
20. The Storer’s liability for outstanding money, property, damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
21. FO may vary the fee payable for the Service or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to Storer in writing. The modified terms will take effect 28 days after the date of FO’s notice. Storer may terminate without charge before the change takes effect by giving notice in writing. Otherwise, Storer’s continued use of the Service will be considered as acceptance of and agreement to the amended terms.
22. Storer acknowledges and agrees that :(a) the terms of this Agreement together with the Fee Schedule constitute the whole contract for delivery of goods with the FO; (b) in entering this contract, the Storer relies upon no representations other than those contained in this Agreement; (c) Storer has raised all queries relevant to its decision to enter this Agreement with the FO and that the FO has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer and any matters resulting from such queries have, to the extent required by the Storer and agreed to by the FO, been reduced to writing and incorporated into the terms of this Agreement; (d) if FO decides not to exercise or enforce any right that it has against Storer at a particular time, then this does not prevent FO from later deciding to exercise or enforce that right unless FO tells Storer in writing that FO has waived or given up its ability to do so; (e) it is not intended that anyone other than Storer and FO will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it; (f) if any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law; (g) Storer may not assign or transfer any of its rights under this Agreement; and (h) where Storer consists of two or more persons each person takes on the obligations under this Agreement separately.
23. FO collects information about Storer on registration and whilst this Agreement continues, including personal data (Data). FO processes Data in accordance with the General Data Protection Regulation and all associated laws. FO uses Data to process payments, communicate with Storer and generally maintain Storer’s account, to comply with its legal obligations and for its legitimate business interests. FO may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which FO is a member. If Storer does not pay Fees when due, FO may share Data with debt collection agents. If Storer applies for FO’s insurance, FO will pass Data on to the insurer, who may enter such Data onto a register of claims shared with other insurers to prevent fraudulent claims. FO will release Data and other account details at any time if it considers in its sole discretion this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Facility, (f) if FO considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if FO sells or buys any business or assets, it may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of FO’s assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that FO holds on them, to request that inaccurate Data is rectified, to restrict how Data is used and in certain circumstances to have Data deleted. Requests for any of these should be emailed or sent to the addresses on the cover sheet to our Data Compliance Manager. . More details on how FO uses Data and Storer’s rights in relation to Data are set out in FO’s Privacy Notice which can be viewed on its website or provided on request.. If Storer agrees, FO will use Data for feedback purposes, including to provide Storer with information on products or services provided by FO in response to requests from Storer or if FO believes they may be of interest. Storer’s choice with regard to the relevant use of Data is indicated above and can be changed at any time by Storer contacting FO...
24. This Agreement shall be governed by English, law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation