TERMS AND CONDITIONS OF STORAGE
Surrey Hills Storage Ltd
Surrey Hills Storage Ltd (hereinafter referred to as “the Contractor”) accepts Car(s) for Storage only upon the Conditions set out below:
1. Definitions
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Customer: means the customer who contracts for the services of the Contractor
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Contract: means the contract between the Customer and the Contractor for the Storage of Car(s)
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Storage: means the storage and handling of Cars (and such other ancillary services as the Contractor may agree to in writing), and the words ‘Store’ and ‘Stored’ shall be construed accordingly
2. Computation of Time
In the computation of time where any period provided by these Conditions is seven days or less, Saturdays, Sundays and all statutory public holidays shall be excluded.
3. Parties and Sub-Contracting
(1) The Customer warrants that they are either the owner of the Car(s) or are authorised by such owner to accept these Conditions on such owner’s behalf.
(2) The Contractor may employ the services of any other contractors for the purpose of fulfilling the Contract in whole or in part and the name of every such other contractor shall be provided to the Customer on request.
(3) All such contractors, servants and agents shall be under no greater liability to the Customer than the Contractor, and shall be considered included in the term "Contractor" for the purposes of these Conditions.
4. Revision of Storage Charges and Conditions of Storage
The Contractor’s charges and these Conditions may be revised from time to time. Any such revision shall not become effective until the expiry of 21 days from the date that notice of the proposed revision is given to the Customer.
5. Postponement or Cancellation
If delivery of the Car(s) to the Contractor is postponed or cancelled by the Customer, the Contractor shall be entitled to recover all expenses incurred, and all rental charges in respect of space reserved for such Car(s).
6. Payment
(1) Charges shall be paid when due. The Customer may not deduct, withhold or defer payment due to any dispute, claim or counterclaim.
(2) Interest is charged on overdue accounts at 4% per annum above the Base Lending Rate of the Contractor’s bank.
7. Lien
The Contractor has a general lien against the Car(s) and other property for any money owed. If not settled in a reasonable time, the Contractor may sell the Car(s) or property and apply proceeds to cover amounts due and related expenses.
8. Notice of Delivery or Collection
The Customer must give the Contractor at least 48 hours' notice of intention to deliver or collect Car(s).
9. Termination
(1) Either party may give not less than 7 days’ written notice to terminate. Charges will be payable up to the end of the notice period.
(2) Immediate removal of Car(s) may be required if:
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The Customer’s financial position is unsatisfactory
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The Car(s) are at risk of deterioration
(3) If not removed, the Contractor may sell the Car(s) after giving notice and allowing a reasonable time to pass.
10. Liability for Loss and Damage
(1) The Customer agrees the Contractor is not liable for any loss or damage unless stated in writing beforehand.
(2) The Contractor is not liable where loss/damage is due to:
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Acts of God
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War, rebellion or civil unrest
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Government seizure
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Customer misstatement or negligence
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Inherent defects or deterioration
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Riots or labour disputes
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Causes beyond the Contractor’s control
(3) No liability exists after the end of the storage contract.
11. Limitation of Liability
(1) Liability is limited to the Storage charges or the actual proven loss, whichever is lower.
(2) This can be exceeded only if the Customer declares a special interest in writing and pays a surcharge.
12. Insurance
SHS provides fully comprehensive insurance for vehicles stored inside the facility. Customers must insure vehicles themselves when in use outside the facility.
13. Time Limits for Claims
Claims must be made in writing within 7 days of delivery or when delivery was due.
Exceptions apply only if:
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It was not reasonably possible to notify in time
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The claim was made within a reasonable time
14. Indemnity
The Customer indemnifies the Contractor against:
(i) Consequences of misstatements or omissions by the Customer or their agents
(ii) Any claims made that exceed the Contractor’s liability under these conditions
15. Impossibility of Performance
The Contractor is not liable for failure to perform due to fire, weather, strikes, or causes beyond their control.
16. Notice
Any written communications will be sent to the Customer’s last known address.
17. Variation of Contract
Any variation must be agreed in writing by the Contractor.
18. Arbitration
Disputes shall be referred to a single arbitrator, either agreed upon by both parties or appointed by the President of the Institute of Arbitrators.
19. Law
This Contract shall be governed by English Law and subject to the jurisdiction of the English Courts.