Introduction.
These Conditions set out the rights and obligations of the remover (we-us-our) and the customer (you-your).
These Terms and Conditions can only be changed with the prior written agreement of both the remover and the customer.
1. Our Quotation
1.1 Our quotation is an inclusive price.
1.2 We reserve the right to amend the price stated in the quotation to take account of changes of circumstances which were not taken into account when preparing our quotation
Such factors may include the following :-
1.3 Where the work is not carried out within 2 months of the date stated in the quotation.
1.4 Our costs increase (or decrease) because of currency fluctuations, changes in taxation or general inflation costs within the economy.
1.5 The work is carried out on a Saturday, Sunday or Public Holiday at your request.
1.6 We are unable to access the collection or delivery point or such access is inadequate or inappropriate for our vehicles.
1.7 We supply any additional services such as packing or dismantling and/or reassembling of furniture not stated in your quotation.
1.8 The removal and/or storing of extra goods not included in the quotation.
1.9 The removal is delayed due to incomplete packing, in which case extra charges may apply.
1.10 There are delays or events outside our control which increase the cost or resources required
to complete the work.
1.11 We have to pay parking or parking penalty charges whilst loading or unloading.
1.12 We have to collect or deliver goods at your request to a property located above the ground
floor and first upper floor without prior knowledge.
1.13 The stairs, lift or doorways are inadequate for free movement of the goods without mechanical equipment or structural altercation, or the approach, road or drive is unsuitable for our vehicles to load/unload within 20 metres of the doorway.
1.14 Key waiting time exceeding 1pm, in which case a key waiting charge may apply, please see your quote for details.
2. Work not included in the quotation
2.1 Unless otherwise agreed in writing the following is not included in the quotation :-
2.2 Taking up or removing fitted floor coverings.
2.3 Disconnecting, reconnecting, dismantling or reassembling any electrical appliances, fixtures, fittings or equipment.
2.4 Entering into loft/attic space to load/unload furniture and contents.
2.5 The movement of any item or items which our staff reasonably believe they cannot move safely.
2.6 Removing any fixtures such as doors or windows.
3. Your Responsibilities
3.1 It will be your sole responsibility to :-
3.2 Be present either personally or through an authorised representative during the collection and delivery process.
3.3 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.4 Have all packing completed by the time of our team’s arrival. If packing is incomplete and adds unforeseen time onto to the move, then extra charges may apply.
3.5 Make sure all contents are boxed appropriately using adequate packing materials and securely sealed, please see packing guide for more information.
3.6 Empty, defrost and clean refrigerators and freezing equipment.
3.7 Notify your storage company of your intended vacation within the agreed time limit (where applicable).
4. Charges if you postpone or cancel the removal.
4.1 If key exchange does not happen on the removal day after we have loaded then we will arrange storage for your goods at your cost. We will then reorganise your redelivery at the same cost to you of the original move.
4.2 All deposits paid to us are non-refundable and non-transferable.
4.3 If your move is cancelled or delayed after full payment has been made then the balance paid is non-refundable and non-transferable.
5. Payment
5.1 You must pay our charges so that we have cleared funds no later than the day before your move. If your move falls on a Monday we must have cleared funds by no later than the Friday before.
5.2 If you fail to make such payment, we reserve the right to refuse to undertake the removal or offer storage until such payment is received.
5.3 You must not withhold any part of the agreed price.
5.4 We reserve the right to charge interest on overdue amounts.
6. Insurance
6.1 It is your responsibility to insure your goods. If you ask us in writing to arrange insurance cover for you, we will, subject to clause 6.3 and provided you declare the full replacement value of your goods and pay the premium in advance.
6.2 We offer to arrange for the goods to be insured during the transit and storage only, and the details of the type of insurance and the rates are set out in our quotation and/or will be provided on request.
6.3 We will not offer separate insurance cover unless the goods have been packed by us and/or you are using our materials.
6.4 If you pack items yourself, standard damage liability insurance only will apply for those items.
6.5 We will not be able to offer insurance when collecting and/or delivering goods to/from a thirdparty premises/storage facility. This exclusion applies to any goods that have been delivered to our premises. You may, of course, arrange insurance with an insurer of your choice.
6.6 This insurance will be separate from this contract and subject to the terms and conditions of the policy. Calls are recorded for monitoring purposes.
7. Our Liability for Loss or Damage
7.1 Unless otherwise agreed in writing if we are negligent or in breach of contract we will pay you
up to £10 for each item which is lost or damaged as a direct result of any negligence or breach of
contract on our part or, at our discretion, we will pay for repairing or replacing the item. This will
apply even if the item is part of a pair or set and may have a special value.
7.2 For the purposes of this agreement an item is defined as:
a. The entire contents of a box, parcel, package, carton, or similar container; and
b. Any other object or thing that is moved, handled or stored by us.
7.3 If the goods sustain damage by reason of defective or inadequate packing or unpacking, and
the packing or unpacking (as the case may be) was not undertaken by us, we will not be liable.
7.4 We will not be liable for any claim in the event that you dispose of and/or replace the item/s
before we have had the opportunity to assess the damage.
7.5 Liability is only accepted for loss or damage when the goods are
7.6 in our possession and negligence can be proven; or
7.7 in the possession of others and if the loss or damage is proven to have been as a direct result
of our failure to pack the goods to a suitable standard (where we have been contracted to.)
7.8 We shall not be liable for loss, damage or in any way unable to fulfil our contract with you for
the following.
7.9 Damage to property other than goods. Because third party contractors or others are frequently
present at the time of collection or delivery, it is not always possible to prove culpability for loss or
damage. Therefore, our limit of liability is as below:
7.10 If we cause the loss or damage as a result of our negligence or breach of contract, our liability
shall be limited to making good the damaged area only.
7.11 If we are responsible for causing damage, you must note this on the job sheet or delivery
receipt as soon as it occurs and, in any event, before we leave the premises. This is fundamental
to the agreement.
7.12 We are not liable on a ‘new for old ‘basis for any lost or damaged goods.
8. Exclusions of liability
8.1 Other than as a result of our negligence or breach of contract We will not be liable for any loss,
damage or failure to produce the goods as a result of:
8.2. Any loss or damage occurring in the course of the provision of removal by a third party.
8.3. Loss or damage resulting from inadequate or improper packing or unpacking.
8.4 Loss or damage to passports, travel documents, wallets, handbags containing valuables,
mobile phones, portable IT, electronic devices, currency, cash, bank or credit cards, jewellery,
watches, trinkets, precious stones, money, deeds, securities, stamps, coins, valuable or fragile
collections of any kind.
8.5. Perishable items and/or those requiring a controlled environment.
8.6. For electrical or mechanical derangement to any appliance, instrument, clock, computer or
other equipment unless there is evidence of related external damage.
8.7. We shall not be liable for loss or damage caused by the following, unless we have been
negligent or in breach of contract.
8.8 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;
8.9 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting,
tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water;
8.10 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or
other container not both packed and unpacked by us.
8.11 To any goods which have a proven defect.
8.12 Any garden furniture, pots, plants etc due to the nature of weathering that can make such
items unstable and brittle.
8.13 We will not be liable for any damage caused to washers/dryers if travel plugs have not been
installed.
8.14 We shall not be liable to the extent that loss or damage is caused or contributed to by
moving goods under your express instructions against our advice and in a manner that is likely to
cause damage.
9. Time Limit For Making a Claim
9.1 You must notify us of any loss or damage within 5 days of the collection of goods or within 5
days of the delivery of your goods (storage/long distance).
10. Withholding or Disposal of the Goods
10.1 We have the right to withhold and/or ultimately dispose of some or all of the goods until you
have paid our charges and any other monies due under this or any other agreement between us.
11. Applicable Law
11.1 These Terms and Conditions are subject to the Law of England and Wales.
12. Storage
12.1 PROHIBITED GOODS Customers must not store (or allow any other person to store) any of the following: food or perishable goods unless securely packed so they are protected from and do not attract vermin any living creatures combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases, firearms, explosives, weapons or ammunition chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances any item that emits fumes, or odours any illegal item or substances or goods illegally obtained such as illicit (counterfeit/ smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as medicines, aerosols or fireworks) goods which are environmentally harmful or that are a risk to the property of any person furs, paintings, jewellery, curios, works of art exceeding £10,000 in value any one item and/or £50,000 in total unless agreed to and accepted in writing by the business and their insurers currency, bullion or similar.13. Whole Agreement
13.1 These Terms and Conditions together with our quotation form the whole agreement between
us and all other correspondence or oral discussions or representations are excluded.
Storage T&C
KEY POINTS • You own or are authorised to store the Goods. • Storage fees must be paid in advance and on time. • If you do not comply with the conditions of the agreement, The House Removal Company will have certain rights which include keeping your deposit and the right to seize the Goods in storage and sell or dispose of them. • You must secure the Unit. • You must not store dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods subject to clause 18. • You must check the Unit is suitable for storing the Goods. • The House Removal Company liability for loss of and damage to Goods is limited to £100. • The House Removal Company is not liable to you for events outside its control. • Goods are stored at your sole risk and must be insured. • Where offered The House Removal Company does not give any advice as to the suitability or otherwise of the insurance cover. • The House Removal Company may use and share your personal and other data in certain circumstances. • Any special terms have been written down on this Agreement. • You must give 28 days’ notice to terminate this agreement. CONDITIONS OF AGREEMENT STORAGE: 1. So long as all fees are paid up to date, you: (a) are licensed to store Goods in the Unit allocated to you by The House Removal Company from time to time and only in that Unit; (b) are deemed to have knowledge of the Goods in the Unit; and (c) warrant that you are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement. 2. The House Removal Company (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee, custodian or warehouseman of the Goods and you acknowledge that The House Removal Company does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit. 3. This Agreement will come into existence between The House Removal Company and you when The House Removal Company notifies you it has accepted the order by signing the cover sheet. The storage period will begin on the date agreed with you during the order process and set out on the cover sheet. COST: 4. You must pay the deposit on signing this Agreement. The deposit (or the balance of it) after any appropriate deductions for unpaid fees, repairs, cleaning or other charges to put right any breach of this Agreement by you will be refunded by cheque or electronic transfer within 28 days of termination of this Agreement. 5. You are responsible to pay: (a) the Storage Fee (being the amount set out in the cover sheet or as most recently notified to you by Loft Self Storage. The House Removal Company will take the first payment on acceptance of your order and will take subsequent payments in advance of the invoice date for each storage period or other date agreed with you. It is your responsibility to see that payment is made directly to The House Removal Company on time and in full throughout the storage period. You can by BACS transfer, The House Removal Company will issue an electronic invoice following payment. Any storage fees paid by direct transfer will not be credited to your account unless you identify the payment clearly. The House Removal Company shall have no liability to and shall be indemnified by you if The House Removal Company takes steps to enforce the Agreement (including the sale of Goods) due to your failure to identify a payment. The House Removal Company will not accept that payment has been made until it has received cleared funds; (b) a late payment fee (10% of invoice) each time a payment is late or cancelled; (c) any costs incurred by The House Removal Company in collecting late or unpaid storage fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; (d) any government taxes or charges (including any value added tax or insurance premium tax) levied on any supplies made under this Agreement; and (e) the cleaning fee or charges for repairs, to be invoiced at Loft Self Storage’s discretion as per Condition 20; where you have more than one account, all will form one account and The House Removal Company may in its sole discretion apply any payment made by you or on your behalf on this agreement against the oldest amount due from you to The House Removal Company on any agreement in the account. If you make a part payment of any storage fees due to The House Removal Company and The House Removal Company retains your part payment, this will not affect Loft Self Storage’s ability to take any action against you or to exercise any rights The House Removal Company has under this Agreement in respect of the storage fees which remain outstanding from you. The time period from which The House Removal Company may take such action will still start from the due date when the original storage fees were due and the due date will not be extended as a result of your part payment. DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS: 6. The House Removal Company takes the issue of prompt payment seriously and has a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security. Your obligation is to make payments under this agreement. If any sum owing to The House Removal Company and other fees related to it are not paid when due (Debt), you authorise The House Removal Company without further notice to: (a) refuse you and your Agents access to the Goods, the unit and the facility and overlock the unit until the debt has been paid in full; (b) enter the unit and inspect and/or remove the Goods to another unit or site and to charge you for all reasonable costs of doing so on any number of occasions; and (c) apply the deposit against the debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Conditions 8 to 10. You acknowledge that (a) The House Removal Company shall be entitled to continue to charge for storage from the date the debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) The House Removal Company will sell the Goods as if The House Removal Company was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if you do not pay fees on the due date, the value of any discounts and special offers (including periods of free storage) which you have received will be payable by you in full. 7 On expiry or termination of this agreement, if you fail to remove all Goods from the unit, The House Removal Company is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 8 to 10. You are liable for storage fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (debt). 8. If The House Removal Company sells or disposes of the Goods, it will give you notice in writing directing you to pay (if you are in default) or collect the goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by you to The House Removal Company in writing and by email and/or social media. If no address within the UK has been provided, The House Removal Company will use any land or email address or social media details it holds for you and any ACP. If you fail to pay the debt and/or collect the Goods (as appropriate) The House Removal Company will access the unit and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. The House Removal Company will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. The House Removal Company may also require payment of default action costs, including any costs associated with accessing the unit and disposal or sale of the Goods, which shall be added to the debt. 9. Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the debt. If sale proceeds do not discharge all these costs and the debt, you must pay The House Removal Company the balance within 7 days of a written demand from Loft Self Storage. The House Removal Company may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from you, The House Removal Company will hold the balance for you, but no interest will be payable on it. 10. If, in the opinion of The House Removal Company and entirely at Loft Self Storage’s discretion, the Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, you authorise The House Removal Company to treat the Goods as abandoned and The House Removal Company may dispose of all Goods by any means at your cost. The House Removal Company may dispose of the Goods at its discretion in the event that (a) Goods are damaged due to fire, flood or other event that has rendered them, severely damaged, of no commercial value, or dangerous to persons or property, or (b) Goods may contain personal data belonging to you or others. The House Removal Company does not need your prior approval to take this action but will send notice to you within 7 days of assessing damaged Goods. 11. Any items left unattended in common areas or outside your Unit at any time shall be treated as abandoned and may at Loft Self Storage’s discretion be moved, sold or disposed of immediately with no liability to Loft Self Storage. ACCESS: 12. You have the right to access the unit during access hours as posted by The House Removal Company and subject to the terms of this Agreement. The House Removal Company will try to provide advance warning of changes to access hours by notice at the Facility and/or by SMS or email, but reserves the right to change access hours temporarily to other reasonable times without giving prior notice. 13. Only you or others authorised or accompanied by you (your agents) may access the unit. You are responsible for and liable to The House Removal Company and other users of the facility for your own actions and those of your agents. The House Removal Company will require proof of identity from you or any other person at any time and at Loft Self Storage’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof. 14. The House Removal Company may refuse you access to the unit and/or the facility where monies are owing by you to Loft Self Storage, whether or not a The House Removal Company formal demand for payment has been made, or if The House Removal Company considers the safety or security of any person, unit or goods on or at the facility has been threatened or may be put at risk. 15. You should not leave a key with or permit access to the unit to any person other than you or your own agent who is responsible to you and subject to your control. If you do so, it is at your own risk. 16. You authorise The House Removal Company and its agents and contractors to enter the unit in the following circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; (c) if The House Removal Company believes the Unit is being used to store prohibited goods or for a prohibited purpose; (d) if The House Removal Company is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or (e) to relocate the Goods or exercise Loft Self Storage’s lien or power of sale or disposal in accordance with this agreement. CONDITIONS: 17 You will be solely responsible for securing the unit and ensuring it is locked to be secure from unauthorised entry at all times when you are not in the unit. The House Removal Company will not be responsible for securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in Loft Self Storage’s overlocking position and The House Removal Company may have any such padlock or device forcefully cut off at your expense. Where applicable, you will secure the external gates and/or doors of the facility. 18. You must not store (or allow any other person to store) any of the following in the Unit: (a) Food or perishable goods unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to you cannot be assessed on a financial basis. You will be liable under Condition 29 for any breach of this Condition 18. 19. You will use the Unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to The House Removal Company or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the unit); (c) use or do anything at the facility or in the unit which may invalidate or increase premiums under any insurance policies of The House Removal Company or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the unit unless authorised by Loft Self Storage; (f) cause damage to the unit or any part of the facility (which includes by removal, haulage or delivery contractors); or (g) create any obstruction or leave items or refuse in any common space within the Facility. 20. You must maintain the unit by ensuring it is clean and in good repair. In the event of uncleanliness or damage to the unit or facility, The House Removal Company will be entitled to retain the deposit, charge a cleaning fee, and/or claim full reimbursement from you of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse. 21. You must (and ensure that your agents) use reasonable care on site and have respect for the facility and other unit users, inform The House Removal Company of any damage or defect immediately it is discovered and comply with the reasonable directions of The House Removal Company employees, agents and contractors and any other regulations or policies for the use, safety and security of the facility as The House Removal Company shall issue periodically. 22. This Agreement does not confer you any right to exclusive possession of the unit. The House Removal Company reserves the right to relocate you to another unit not smaller than the current unit: (a) by giving 14 days’ notice during which you can elect to terminate this agreement under Condition 37; or (b) on shorter notice if an incident occurs that requires the unit or section where it is located to be closed or sealed off. In these circumstances, The House Removal Company will pay your reasonable costs of removal if approved in writing for removal. If you do not arrange removal by the date specified in Loft Self Storage’s notice, then you authorise The House Removal Company and its agents to enter the unit and move the Goods as your agent on your behalf and at your risk. Following removal this agreement will be varied by substitution of the new unit number but otherwise continues on the same terms at the storage rates agreed for the original unit at the time of the removal. 23 You must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and you are advised to inspect the unit before storing Goods and periodically during the storage period. The House Removal Company makes no warranty or representation that any unit is suitable for any goods and accepts no liability in this regard. Unit sizes are approximate. If you have exact requirements, you must check with before signing this agreement as, by signing, you agree to the actual size of the unit and not any represented unit size. 24 The House Removal Company may refuse storage of any Goods or require you to remove Goods if in Loft Self Storage’s opinion storage of such Goods creates a risk to the safety of any person or property. 25 You must give notice to The House Removal Company in writing of the change of any contact details on this agreement for you or the ACP within 48 hours of any change. You agree The House Removal Company is entitled to discuss any default by you with the ACP registered on the front of this Agreement. RISK AND RESPONSIBILITY: 26. The House Removal Company will not be liable for any loss or damages suffered by you as a result of you not being able to access the facility or the unit, regardless of the cause. 27. The Goods are stored at your sole risk and responsibility. You shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. The House Removal Company excludes all liability in respect of (a) loss or damage to your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Goods or any claim for return of the storage fees. 28 The House Removal Company does not insure the Goods and it is a condition of this agreement that the Goods remain adequately insured at all times for their replacement value (as set out on the cover sheet) while they are in storage. You warrant that such cover is in place, will not lapse and that the aggregate value of Goods in the unit from time to time will not exceed the insured value. The House Removal Company does not give any advice concerning insurance cover given by any policy and you must make your own judgment as to adequacy of cover even when arranged by Loft Self Storage. Inspection of any insurance documents provided by you to demonstrate cover does not mean The House Removal Company has approved the cover or confirmed it is sufficient. 29. It will be your responsibility to compensate The House Removal Company for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by The House Removal Company or third parties (Liabilities) resulting from or incidental to (a) the use of the unit (including but not limited to the ownership or storage of Goods in the unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by you or any of your Agents or (c) enforcement terms of this Agreement. 30. You agree to comply with this agreement and all laws and regulations relevant to the use of the unit. This includes laws relating to material which is stored and the manner in which it is stored. You will be responsible for all liabilities resulting from such a breach. 31. If The House Removal Company has reason to believe that you are not complying with all relevant laws, The House Removal Company may take any action it considers necessary, including, but not limited to, action outlined in Conditions 16 and 37, contacting, co-operating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at your expense. 32. The House Removal Company shall not be considered to be in breach of this agreement nor liable for any delay in performing or failure to perform any of its obligations under this agreement or any resulting loss or damage to Goods if such delay, failure, loss or damage results from events, circumstances or causes beyond Loft Self Storage’s reasonable control. Such circumstances include (but are not limited to) any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard or recommended restrictions, or entry into any unit including the unit or the facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, The House Removal Company will not be responsible for failing to allow access to the Goods, unit and/or the facility for so long as the circumstances continue. The House Removal Company will try to minimise any effects arising from such circumstances. PERSONAL INFORMATION: 33. The House Removal Company collects information about you and any ACP on registration and whilst this agreement continues, including personal data (Data). The House Removal Company processes data in accordance with the General Data Protection Regulation and all associated laws. Details on how The House Removal Company uses data and your rights in relation to Data are set out in the The House Removal Company Privacy Notice which can be viewed on its website at www.loftss.co.uk. You confirm any ACP has consented to you supplying data to The House Removal Company on these terms. 34. If you give consent, The House Removal Company will use data for feedback purposes, including to provide information on products or services provided by The House Removal Company in response to requests from you or if The House Removal Company believes they may be of interest. Your choice with regard to the relevant use of data is indicated in the cover sheet and can be changed at any time by contacting Loft Self Storage. COMMUNICATIONS AND NOTICE: 35. The House Removal Company can send you notifications regarding day to day matters and minor changes to this agreement by email and/or by SMS. If you have agreed to receive notifications by SMS. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency. We may also use your social media accounts. 36. Notices to be given by The House Removal Company or you for more significant changes to the services and these terms or to enforce rights under this agreement (such as ending the agreement, changing prices, significant disruptions or enforcing Loft Self Storage’s right to sell or dispose of Goods) must be in writing and must either be delivered by hand, pre-paid post or email. Notices shall be considered to have been received at the time of delivery by hand, one day after sending by email or 48 hours after posting. Notices from The House Removal Company to you will be sent to the addresses on the cover sheet or the most recent address in England and/or email address notified by you to The House Removal Company and/or your social media accounts. In the event of not being able to contact you at the last notified postal or email address, notice will be considered as having been given to you if The House Removal Company serves that notice on the ACP as identified on the front of this agreement at the last notified postal or email address of the ACP. Any notice from you must be sent to The House Removal Company by hand or by post to the address on the cover sheet or by email to hello@loftss.co.uk. In the event that there is more than one storer named on the agreement, notice to or by any single storer is agreed to be sufficient for the purpose of any notice requirement under this Agreement. CANCELLING OR ENDING THE AGREEMENT: 37. You can cancel by email, post or telephone call to The House Removal Company referring to your name, address and date of order. 38. Unless otherwise agreed in writing by both parties, either The House Removal Company or you may end this Agreement at any time by giving the other party written notice. The date on which the agreement will end (the Termination Date) must be at least the number of days indicated on the cover sheet. In the event of illegal or environmentally harmful activities on your part or a breach of this agreement (which, if it can’t be put right or you have failed to put right within 14 days of notice from The House Removal Company to do so), The House Removal Company may terminate the agreement immediately by notice. The House Removal Company is entitled to retain from the deposit, or make a charge for, apportioned storage fees if less than the required notice is given by you. You must remove all Goods in the unit before the close of business on the termination date and leave the unit in a clean condition and in a good state of repair to the satisfaction of Loft Self Storage. In the event that Goods and/or rubbish are left in the unit after the termination date, Conditions 7 and 20 will apply. You must pay any outstanding storage fees and any other fees or expenses owed to The House Removal Company up to the termination date, or Conditions 6 to 10 may apply. Any calculation of the outstanding fees will be by Loft Self Storage. If The House Removal Company enters the unit for any reason and there are no Goods stored in it, The House Removal Company may terminate the agreement without giving advance notice but will send notice to you within 7 days. 39. You agree to examine the Goods carefully on removal from the unit and must notify The House Removal Company of any loss or damage to the Goods as soon as is reasonably possible. 40. Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of The House Removal Company or you that came into effect during the life of the agreement. This includes the right to claim damage for breach of the agreement, liability or outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this agreement. OTHER IMPORTANT TERMS: 41. The House Removal Company may vary the storage fee or other terms of this agreement and add new terms and conditions as long as such changes are notified to you in writing. The modified terms will take effect on the first due date occurring not less than 28 days after the date of Loft Self Storage’s notice. You may end this Agreement before the change takes effect by giving notice in accordance with Condition 36. Otherwise, your continued use of the unit will be considered as your acceptance of and agreement to the amended terms. 42. You acknowledge and agree that (a) the terms of this document constitute the whole agreement with The House Removal Company and, in entering this agreement, you do not rely on any statement, promise, representation, assurance or warranty which is not set out in this agreement; (b) any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this agreement or have any contractual force; (c) the terms of this agreement apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) You have raised all queries relevant to your decision to enter this agreement with The House Removal Company and has, prior to you entering into this agreement, answered all such queries to your satisfaction; (e) any special terms agreed between you and The House Removal Company have been recorded in writing and incorporated into the terms of this agreement; (f) if The House Removal Company decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent The House Removal Company from deciding to exercise or enforce that right at a later date unless The House Removal Company tells you in writing that The House Removal Company has waived or given up its ability to do so; (g) it is not intended that anyone other than you and The House Removal Company will have any rights under this agreement and accordingly the contracts (Rights of Third Parties) Act 1999 shall not apply to it; (h) if any provision or part-provision of this agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this agreement; (i) You may not assign or transfer any of your rights under this Agreement or part with possession of the unit or Goods whilst they are in the facility; (j) The House Removal Company may transfer its rights under this agreement to another organisation and will let you know if it plans to do this; and (k) where there are two or more joint storers, each person takes on the obligations under this agreement separately. 43. 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 first try 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. INSURANCE: 44 The House Removal Company shall take out and maintain a contract of insurance for its units and site. The House Removal Company does not carry out any valuation of the Goods and is not responsible for ensuring that the full replacement value as new as stated by you in the cover sheet is an accurate or true valuation of the full replacement value as new of the Goods at any time. You are responsible for ensuring that insurance cover for the value of Goods insured is maintained at an adequate level throughout the period of this agreement. PLEASE READ THE ABOVE CONDITIONS CAREFULLY AS BY SIGNING YOU WILL BE BOUND BY THEM. ● I/we consent to receiving correspondence from The House Removal Company by SMS to my mobile, email, post and by telephone. ● I/we acknowledge that the above key points have been drawn to my/our attention and I/we have read and understood them. ● I/we agree to be bound by the conditions of this Agreement. Customer’s signature: Date of this agreement: AMENDMENT TO STANDARD STORAGE AGREEMENT FOR HOLDING KEYS © Facility Owner details: Facility Owner: The House Removal Company The House Removal Company Address: Bestwood Business Park, High Main Drive, Bestwood Village, Nottingham, NG6 8TQ The House Removal Company email address: hello@loftss.co.uk The House Removal Company phone number: 07592 502602 Customer: Customer Name: Email address: Phone Number: Number(s) of Self-Storage Units that The House Removal Company holds keys for: _______________________________________________________________________________________ Storer’s acceptance I/We agree to be bound by the Conditions as shown overleaf, in particular Condition 17 which has been drawn to my/our attention and which I/we have read and understood. Signed by: Date of this Amendment: TERMS AND CONDITIONS STATUS 1. This document (Amendment) is an amendment to the standard storage contract(s) referred to above (Standard Agreement). 2. Except for the amendments set out in this Amendment, all terms and conditions of the Standard Agreement continue to have full force and effect. 3. All terms defined in the Standard Agreement shall have the same meanings when used in this Amendment . SERVICE 4. Subject to the terms and conditions of this Amendment, The House Removal Company has agreed to keep a key to the Unit (Service). 5. The House Removal Company agrees to provide the Service so long as the Storer is paying for the Unit. 6 The Storer agrees and consents to the terms and conditions set out in this Amendment. 7. Storer agrees to pay for the Service and to indemnify The House Removal Company for any loss arising to The House Removal Company as a result of The House Removal Company providing the Service (see section entitled Risk and Responsibility below). 8. The House Removal Company is a bailee of the Goods for so long as it provides the Service and the Standard Agreement shall be amended accordingly. TERMINATION 9. The House Removal Company reserves the right to discontinue offering this service by giving 28 days’ notice to Storer. 10. Storer may terminate the service and this Amendment by giving written notice to The House Removal Company and acknowledges this Amendment and the Service will terminate automatically on termination of the Standard Agreement. 11. In the event of termination of the Service, unless the Storer collects the key in person by arrangement with Loft Self Storage, The House Removal Company will return the key to the postal address referred to above or the last notified postal address if a change has been notified. COST 12. The Storer agrees to pay the fee for the Service (Service Fee) at the rate set out above or as amended from time to time. The Service Fee is payable with the Storage Fee on each relevant Due Date. 13. Loft Self Storage’s remedies for non-payment of the Service Fee are the same as for non-payment of the Storage Fee under the Standard Agreement. RISK AND RESPONSIBILITY 14. The House Removal Company shall hold the key for the Storer in a safe location and shall only release the key to the Storer (a) in person at the Facility against proof of identity or (b) by post in accordance with Condition 11. 15. The House Removal Company will not release the key to any person other than the Storer unless FO is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order. 16. The House Removal Company may use the key to access the Unit in the following circumstances: (a) to place deliveries for the Storer into the unit or to access it as otherwise requested by the Storer; (b) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (c) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or (d) if The House Removal Company believes the Unit is being used to store prohibited goods or for a prohibited purpose; or (e) if The House Removal Company is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or (f) to relocate the Goods or exercise Loft Self Storage’s lien or power of sale or disposal in accordance with the Standard Agreement. 17. Even though The House Removal Company is a bailee of the Goods, all of the risk and responsibility provisions and insurance obligations in the Standard Agreement apply during the provision of the Service. The Goods are stored at the sole risk and responsibility of Storer who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason other than the negligence of Loft Self Storage, its agents and employees or breach of contract. The House Removal Company excludes all liability in respect of loss or damage to (a) Storer’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods above a sum equal to the lesser of market value of the Goods and £500. 18. The Storer agrees to indemnify and keep indemnified the The House Removal Company from all claims relating to any loss or damage to property or personal injury suffered by The House Removal Company or its employees or third parties resulting from or incidental to the provision of the Service. AMENDMENT 19. The House Removal Company may vary the Service Fee or other terms of this Amendment 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 Loft Self Storage’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. LAW 20. This Amendment 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 Amendment 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.
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