Terms and Conditions of a licence to store goods
1.In these terms and conditions the following words have the following meanings:
You, – your the customer names in the Schedule
We, us, – our Barons Self Storage, Riverside Commercial Estate, Tuam Road, Galway.
Goods – anything that you bring on to the Site and store in the Unit
Unit – the storage unit specified in the Schedule or any alternative storage unit we may specify under Condition 13 Commencement Date – the date specified in the Schedule
Site – the premises on which the Unit is situated
Access Hours – the hours we permit access to the Unit
Prohibited Items – those items specified in Condition 10
Deposit – the amount specified in the Schedule
Licence Fees – the amount specified in the Schedule which will be liable to Value Added Tax
Due Date – the date specified in the Schedule and the corresponding date in each period specified in the Schedule or the previous business day if the Due Date falls on a Saturday, Sunday or public holiday.
Your Right to Use
2. We permit You but no other person to use the Unit in accordance with these terms and conditions from the Commencement Date
until this agreement is terminated.
3. You must inspect the Unit before storing any goods and inform us if you believe it is damaged or unsuitable for your requirements in any way. If
you do not do so the Unit will be deemed to be suitable for you and in good condition at the Commencement Date.
Access to the Unit by You and by Us
4. You may have access to the Unit at any time during the agreed Access Hours. No access to the Unit will be permitted outside these hours. We may
change the Access Hours at any time without giving any prior notice.
5. Only you and persons authorised or accompanied by you will be permitted to have access to the Unit. You may withdraw any authorisation at any
time but the withdrawal will not be effective until we receive it in writing/email. 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
6. You are responsible for providing a lock for the Unit and you must ensure that it is always locked when you are not in attendance. We will not be
responsible for locking any unlocked Unit.
7. You will permit us (and our agents or workmen) to enter the Unit at any time in an emergency and otherwise if we give you not less than seven days’
notice so that we may inspect it or carry out repairs, maintenance and alterations to the Unit or any other Unit or part of the Site or ensure
compliance with these terms and conditions or for any other purpose.
8. We may enter the Unit at any time without notifying you (and if necessary, we may break the lock to gain entry).
(i) if we believe that the Unit contains Prohibited Items or is being used in breach of these terms and conditions.
(ii) if we are required to do so by the Gardai, Fire Services, Local Authority or by a Court Order.,
(iii) if we believe it is necessary in an emergency.
(iv) to obtain access in accordance with Conditions 7, 14, 20 and 21
(iv) to prevent injury or damage to persons or property; or
(v) if we are of the opinion that any of the above apply, the purposes of ascertaining this.
Use of the Unit and the Site
9. You warrant that the goods you are storing in the Unit are your own property or the person who owns or has an interest in them has given authority to you to store them in the Unit.
10. You may only use the Unit for storage and not for any other purpose. You must not store (and you must not allow any other person to store)
any of the following in the Unit: –
(i) food or perishable goods unless securely packed so that they are. protected from vermin,
(ii) birds, fish, animals or any other living creatures;
(iii) combustible or flammable materials or liquids such as paint, petrol, oil or cleaning solvents;
(iv) explosives, weapons or ammunition
(v) chemicals, radioactive materials, biological agents
(vi) toxic waste, asbestos or other materials of a dangerous nature
(vii) any item which emits any fumes, smell or odour
(viii) any illegal substances, illegal items or goods illegally obtained
(ix) compressed gases
11. You must not (and you must not allow any other person to):
(i) use the Unit or do anything on the Site or in the Unit which may be a nuisance to us or to the users of any other Unit;
(ii) do anything on the Site or in the Unit which may invalidate any of our insurance policies (or those of other Unit users) or increase the
(iii) use the Unit as offices or living accommodation or as a home or business address,
(iv) spray paint or do any mechanical work or any kind in the Unit.
(v) attach anything to the walls, ceiling, floor or doors of the Unit or make any alteration to the Unit,
(vi) allow any liquid,, substance, smell or odour to escape from the Unit or any noise to be audible or vibration to be felt outside the Unit.;
(vii) cause any damage to the Unit or any other Unit or the Site or its facilities or to the property and possessions of us or any of our other
customers. If you cause any damage you must (at our option) repair, restore or replace such damage item or reimburse our costs in making
necessary repairs, restoration or replacement;
(viii) cause any obstructive or undue hindrance in any passageway, stairway, service area or other part of the Site and you must at all times
exercise courtesy to others in using these areas.
12. You must: –
(i) inform us immediately of any damage to the Unit;
(ii) comply with the directions of any of our employees or agents at the Site and any further regulations for use of the Unit which we may issue
from time to time.
13. We may at any time by giving you seven days’ written notice require you to remove your goods from one Unit to another Unit specified by us. The Alternate Unit shall be of a similar size to the current Unit.
14. If you do not arrange the removal of your goods to the alternative Unit by the time specified in the notice, we may enter the Unit and arrange for the goods to be so moved. Any removal arranged by us will be at your risk (except for loss or damaged caused wilfully or negligently by us or our removal agents)
15. If your goods are moved to an alternative Unit, this Agreement will be varied by the substitution of the alternative Unit number but this Agreement will otherwise continue in full force and effect and the Licence Fees will continue to apply to the alternative Unit.
16. You must pay us the Deposit when you sign this Agreement. The Deposit will be returned to you (without interest) within 21 days after this Agreement terminates less any amount we may deduct to cover:
(i) any damage to the Unit, Site or any other Unit caused by you., your agents or invitees or by goods stored in the Unit,
(ii) any unpaid Licence Fees or removal or other charges.., or
(iii) any other obligation to us that you have not discharged in full
17. You must pay us the first License Fee for the minimum period of storage on signature of this agreement by credit/debit card and thereafter must pay the license Fees on the Due Date by the agreed payment method. If you do not pay the Licence Fees by the close of business on the Due Date, you will immediately become liable to pay a late payment charge equal to 5.0 per cent of the Licence Fees (Subject to a minimum fee of €12.00) for each weekly period or any part thereof that the Licence Fees (including any late payment or other charges) remain unpaid after the due date. You must also have a useable credit/debit card on file during the period of storage with us and you give us authorisation to charge this card should payment become overdue.
18. In the event that any cheque/direct debit is dishonoured, we may make a further charge of €12.00 euro on each occasion that your payment is returned
19. We may alter the Licence Fees at any time by giving you written notice and the new Licence Fees shall take effect on the first Due Date occurring not less than four weeks after the date of notice.
Non Payment of Licence Fees
20. If you do not pay the Licence Fees on the Due Date or the late payment charge or either, we may exclude you from the Site and from the Unit and we
may break the lock on the Unit and install a new lock, whether or not we have exercised our right to terminate this Agreement. Exercising our right to
exclude you from the Site and the Unit does not affect your obligation to pay any unpaid or future Licence Fees or late payment charges.
21. If any part of the Licence Fees or the late payment charge is still outstanding one month after the Due Date then we may :
(i) give you written notice that we will remove all the goods in the Unit if you have not paid all outstanding amounts due in full within 72
hours of the issuing of that notice by us to you at your address or email address set out in the Schedule,
(ii) on expiry of the notice in sub-Condition 21 (i), remove all the goods in the Unit to any alternative storage facilities that we may decide
without incurring any liability for loss or damage to the goods arising from their removal and alternative storage.,
(iii) charge you the full costs of removing the goods from the Unit and alternative storage costs together with any repeated costs if we require to
move the goods at any time afterwards,
(iv) sell the saleable goods on your behalf and pass good title to them and use the proceeds of sale to discharge any outstanding Licence Fees
and other charges due to us. If the proceeds of sale are insufficient to discharge your outstanding liability to us then you will remain liable for the balance and we may take any action we consider necessary to recover the outstanding amounts;
(v) treat any goods not sold or saleable as abandoned and destroy or otherwise dispose of them.
22. Either you or we may terminate this Agreement by giving not less than 7 days written notice ending on any Due Date and termination will take effect
from that Due Date. Any Licence fees paid in advance will be refunded but we may make deductions from them as if they were a Deposit under Condition 16
23. You may not terminate this agreement if any Licence Fees or other charges are outstanding or if you are otherwise in breach of this Agreement.
24. We may terminate this Agreement immediately by giving you written notice if you are in breach of any term of this Agreement.
25. On termination of this Agreement you must remove all goods from the Unit and leave the Unit clean and tidy and in the same condition as at the Commencement Date. We may charge you if we have to clean the Unit or dispose of any goods or rubbish left in the unit or on the site
26. We may treat any goods remaining in the Unit after termination as abandoned and may dispose of them in accordance with Conditions 21 (iv) and (v).
(i) We do not insure your goods whilst in the Unit. Storage of goods in the Unit is at your sole risk and you must insure them at their full replacement
(ii) We shall take out and maintain a contract of insurance, in accordance with the [specimen] [summary of terms] provided to you, providing cover to us for the Goods and for the purposes of such insurance cover, the replacement value of the Goods shall be the True Total of the Value of the Goods stated at the beginning of this Agreement.
(iii) If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover, we shall notify the insurer promptly of the claim and in any event within 2 business days of receipt from you of a written direction to notify a claim in the form attached to the [specimen / summary of terms]. For the purposes of processing any such claim you shall provide us, the insurer or any agent of the insurer appointed to investigate such claim with such information and existence as may reasonably be required in relation to the claim. We will also provide to you, the insurer, or any agent of the insurer appointed to investigate the claim, with such information and assistance in relation to the claim as may reasonably be required. In addition, we will send to you a copy of all correspondence with the insurer or any agent of the insurer relating to the claim (including the notification). While we will, in accordance with the previous provisions of this paragraph, notify claims to the insurer, we are not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim [unless specifically agreed with you in writing].
(iv) In the event that we make a claim under such insurance cover in respect of damage or loss caused to the Goods, we shall pay or arrange for payment to You that part of any proceeds of such claim made by us which relates to such damage or loss to the Goods after deduction of any outstanding sums due to us from you. For the avoidance of doubt, you acknowledge that our liability in respect of any claim under such insurance cover is restricted to the payment to you of those sums which we recover which relate to the Goods.
(v) We do not give any advice concerning the insurance cover referred to in Condition 27 and it is for you to make your own judgment whether such insurance is appropriate to cover the Goods and risks to them.
(vi)If this Condition 27ii applies then Condition (27i) of the Agreement shall not apply.
(vii)Nothing in this Condition 27 shall make us your agent.
(viii) No customers may insure goods with us to a value in excess of €40,000 save with the written consent of our insurers.
(ix) There is an excess on each claim payable by the customer of €75 euro.
Exclusion of Liability
28. We shall not be liable for any loss (including consequential or economic loss) or damage to the goods stored in the Unit, whether or not the loss or
Damage is due to any act or omission, negligence or wilful default by us or by any of our servants or agents or other customers; nor shall we be liable for any consequential or economic loss incurred by you as a result of any loss or damage to the goods. Your attention is specifically drawn to the fact that the lockers are not alarmed.
Any other representations, conditions, warranties and other terms, whether written or oral, express or implied, statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
29. The exclusion of liability in Condition 27 and 28 does not apply where the damage suffered by you is a direct result of our negligence or wilful default
or that of our servants or agents and which causes physical injury to or the death of any person.
30. You will indemnify us and hold us harmless against all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our
servants, agents or other customers which arises out of the use of your Unit or the Site by you or any of your servants, agents or invitees or arises out
of the breach of this Agreement by you.
31. Any notice given under this agreement must be in writing and may be served by personal delivery, pre-paid post or email. Any notice to you may be sent to the address or any other address, including electronic or email as stated in the Schedule. Any notice to you may also be sent to any owner/primary contact (whether sole, joint, or co-owners) of which we have been notified by you. Any notice to us must be sent to our address set out in the Schedule. Notices will be deemed to be effectively served immediately if served personally or electronically or forty-eight hours after they have been placed in the post.
32. We shall not be liable for any loss or damage which you may suffer as a direct or indirect result of our performance of this Agreement being
Prevented, hindered or delayed by reason of any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, break-down of plant
or machinery, fire, flood, difficulty in obtaining workmen, materials or transport, electrical power failures or other circumstances whatsoever outside our control and which affect the provision by us of access to or use of the Unit.
33. Any delay by us in exercising any of our rights under this agreement will not impair our rights or be a waiver of those rights, nor will any partial
exercise of any right preclude a further exercise of that right.
34. You may not assign any of your rights under this agreement or part with possession of the Unit to any other person, firm or company.
35. No variation of these terms and conditions will be effective unless expressly accepted in writing by us and signed by our principal. None of our
employees or agents who is not also a director has any authority to vary these terms and conditions on our behalf whether orally or in writing.
36. Every provision in these terms and conditions is severable and distinct from every other provision and if at any time one or more of such provisions is
or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way.
37. This Agreement shall be governed by the Laws of Ireland and you and we submit to the exclusive jurisdiction of the Irish courts.
38. Nothing in this agreement will be treated as creating any tenancy lease or any relationship of landlord and tenant between us. Nor will we be
regarded as a warehouse or building
39. Where the Customer is two or more persons your obligations under this Agreement shall be joint and several.
40. We reserve the right to refuse any goods regardless of reason
41. All goods accepted will become subject to lien in respect of continued non -payment of our charges.
42. You agree that we may hold and posses by computer or otherwise, any information obtained about you as a consequence of this agreement