Terms and Conditions

TERMS

Definitions

1. In these terms and conditions, the following words have the following meanings:-

You, your - the customer named in the agreement.
We, us - Powerline Trading Ltd.
Goods - anything that you bring on to the site and/or stored in the unit.
Container/Unit - the storage unit specified in the agreement or any alternative storage unit we may specify under condition 13.
Entry Date - the date specified in the agreement.
Site - the premises on which the unit is situated.
Access Hours - the hours we permit access to the unit.
Prohibited Items - those specified in condition 10.
Deposit - the amount specified in the agreement.
Rental Fees - the amount specified in the agreement.
Due Date - the date specified in the agreement and the corresponding date in each period specified in the agreement or the previous business day if the due date falls on a Saturday, Sunday, or public holiday.
Roadways - Any space that is outside the unit that could potentially be required for access.


Your Right to Occupy

2. We permit You but no other person to use the Unit in accordance with these terms and conditions from the Commencement Date until the agreement is terminated.


Inspection

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 Site and Unit

4. You may have access to the Site at any time 24 hours a day, 7 days a week and 365 days a year. We may change the Access Hours at any time without giving any prior notice.

5. Only you and, any persons authorised in writing 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 have received it in writing. 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 of identity.

6. You must ensure that the Unit is always locked when you are not in attendance. We will not be responsible for locking any unlocked Unit.

7. You will permit us to enter the Unit at any time and at random to make spot inspections for compliance to the terms of this agreement as well as any and all other legitimate managerial reasons. Further if we give you not less than seven days’ notice so that we may gain access to carry out repairs, maintenance and alterations to the Unit and any other Unit or part of the Site or ensure compliance with the terms and conditions or for any other purpose.

8. You will only use padlocks supplied by Us and any and all other locks or mechanisms applied to Units will be cut off or broken without warning or compensation.

9. We can at anytime and without warning move, reorganise, re site and/or renumber your unit.

10. We may enter the unit at any time without notifying you:

a) If we believe that the Unit contains Prohibited Items or is being used in breach of these terms and conditions.

b) If we require to do so by the Police, Fire Services, Local Authority or by a Court Order.

c) If we believe it is necessary in an emergency.

d) To obtain access in accordance with Conditions 7,14,20 and 21.

e) To prevent injury or damage to persons or property; or

f) If we are if the opinion that any of the above apply, for the purposes of ascertaining this.

g) Any other reason that may give us suspicion you are not correctly following
procedures outlined in this contract.


Use of the Unit and the Site

11. 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.

12. 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:

a) Food or perishable goods unless securely packed so that they are protected from vermin.

b) Birds, fish, animals, or any other living creatures.

c) Combustible or flammable materials or liquids such as paint, petrol, oil, or cleaning solvents.

d) Explosives, weapons, or ammunition.

e) Chemicals, radioactive materials, biological agents.

f) Toxic waste, asbestos or other materials of a dangerous nature.

g) Any items which emits any fumes, smell, or odour.

h) Any illegal substances illegal items or goods illegally obtained.

i) Compressed gases.

13. You must not (and you must not allow any other person to): -

a) 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.

b) 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 premiums.

c) Use the Unit as offices or living accommodation or as a home or business address.

d) Spray paint or do any mechanical work of any kind in the Unit.

e) Attach anything to the walls, ceiling, floors, or doors of the Unit or make any
alteration to the Unit.

f) 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.

g) Cause any damage to the Unit or any other unit on the Site or its facilities or to the property and possessions of any of our other customers, if you cause any damage you must (at our option) repair, restore, or replace such damaged item or reimburse our costs in making necessary repairs, restoration or replacement.

h) Cause any obstruction or undue hinderance in any passageway, stairway, service area or any other part of the Site and you must always exercise courtesy to others in using these areas.


14. You must: -

a) Inform us immediately of any damage to the Unit.

b) 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.


Alternative Unit

15. 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 replacement Unit shall be of a similar size to the current Unit.

16. Removal of your goods from the current Unit to the replacement Unit will be at your expense. If you do not arrange the removal of your goods to the replacement Unit by the time specified in the notice, we may enter the Unit and arrange for the goods to be moved. Any removal arranged by us will be at your risk (except for loss or damage caused wilfully or negligently by us or our
removal agents) and the removal expenses will be payable by you and we may add them to Rental Fees.

17. If your goods are moved to an alternative Unit, this Agreement will be modified by the Company of the replacement Unit number but this Agreement will otherwise continue in full force and effect and the Rental Fees will continue to apply to the alternative Unit.


Deposit

18. You must pay the Deposit when signing 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:-

a) Repairing any damage to the Unit, Site or any other Unit caused by you, your agents, or invitees or by goods stored in the Unit.

b) Any unpaid rental Fees, removal, or other charges.

c) Any other obligation to us that you have not discharged in full.


Induction

19. Inductions to site policy, entry procedure, fire policy, security and health and safety are, where possible, given by video link via email. By signing this agreement you are confirming that you have watched and understand the policies in place. Do not sign unless you have been inducted. A personal induction can be made available upon request by appointment only.


Rental Fees

20. You must pay us Rental Fees for the minimum period of storage on signature of this agreement and thereafter must pay the Rental Fees on the Due Date.

21. All payments are strictly by Direct Debit and Direct Debit only.
Rental Increases

22. We may alter the rental fees at any time by giving you written notice and the new rental Fees shall take effect on the first Due Date occurring not less than four weeks after the date of notice. Rental reviews are generally undertaken annually.


Non-Payment of Rental Fees

23. If you do not pay the rental Fees on the Due Date or the late payment charge or either, we may exclude you from the Site and/or the Unit 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 rental fees or late payment charges.

24. If you do not pay the Rental Fees on the Due Date, you will immediately become liable to pay a late payment charge of £8 per failed Direct Debit.

25. Any failed Direct Debits will be represented with the late payment charge added, if that Direct Debit fails a second charge will apply.

26. Upon any payment or settlement in full resulting in access being restored to Site and/or Unit, it is undertaken by Us that access will be restored within 48 hours of receiving cleared funds.

27. If any part of the Rental fees or the late payment charge is still outstanding then we may: -

a) Remove all the goods in the unit if you have not paid all outstanding amounts due in full within 14 days of the posting of notice by Us to You at your home address set out in the Agreement.

b) On expiry of the notice in sub-condition a):-
• 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

• Charge you the full costs of removing the goods from the Unit and alternative
storage costs together with any repeated costs if we require you to move the
goods at any time afterwards.

• Sell the goods on Your behalf and pass goods title for them 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, including but not
limited to third party debt collection agencies and/or small claims court.

• Treat any goods not sold as abandoned and destroy or otherwise dispose of
them.


Termination

28. You may terminate the Agreement at anytime after the one month minimum rental period by giving not less than one months written notice. Notice can be accepted by email, text or what’s app but is only deemed to have been given once acknowledged by us. Your leaving date is then
calculated by us and confirmed via the same medium used to contact us. You must leave all payment arrangements in place until after your leaving date has passed. Any Rental Fees paid in advance after the date of termination will be refunded but we may make deductions from them as if they were a deposit under condition 16.

29. You may not terminate this agreement if any rental Fees or other charges are outstanding or if you are otherwise in breach of this Agreement.

30. We may terminate this Agreement immediately by giving you written notice if you are in breach of any term on this Agreement.


On Termination

31. 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 the Entry date. We may charge you if we must repair any damage or clean the Unit or dispose of any goods or rubbish left in the Unit or on the Site.

32. We may treat any goods remaining in the unit after termination as abandoned and may dispose of them in accordance with Conditions 26 b).
Insurance

33. We do not insure your goods whilst in the Unit. Storage of goods in the Unit is at your own risk and you must insure them yourself at their full replacement value or accept that You and You alone are accepting any and all risk of loss, damage, theft or destruction.


Exclusion of Liability

34. We shall not be liable for any loss (including consequential loss or economic loss) or damage to 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 any of our employees, 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. Any other representations, conditions, warrantied 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.

35. The exclusion of liability in condition.


Indemnity

36. 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 employees, agents or other customers which arises out of the us of your Unit or the Site by you or any of your invitees or arises out of the breach of this Agreement by you.


Notices

37. Any notice given under this agreement must be in writing and may be served by personal delivery, or by pre-paid post. Any notice to you may be sent to the address stated in the Agreement or any other address which you notify to us in writing. Any notice to you will also be sent to any owner (whether sole, joint, or co-owners) of which we have been notified by you. Any notice to us must be sent to our address in the Agreement. Notices will be deemed to be effectively served immediately if served personally or forty-eight hours after they have been placed in the post.


Force Majeure

38. 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 and 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 workman, materials or transport, electrical
power failures or other circumstances whatsoever outside our control including but not limited to pandemics, epidemics and government restrictions thereof and which affect the provision by us of access to or use of the unit.


General

39. Any delay by us in exercising any of our rights under this Agreement will not impair our rights to be a waiver of those rights, nor will any partial exercise of any right prelude a further exercise of that right.

40. You may not assign any of your rights under this agreement or part with possession of the Unit to any other person, form, or Company.

41. No variation of these terms and conditions will be effective unless expressly accepted in writing by us and signed. None of our employees or agents has any authority to vary these terms and conditions on our behalf whether orally or in writing.

42. 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.

43. This agreement shall be governed by English law and you and we submit to the exclusive jurisdiction of the English courts.

44. This Agreement shall not create a lease.

45. Where the Customer is two or more persons your obligations under this Agreement shall be joint and several.

46. We reserve the right to refuse any goods regardless of reason.

47. All goods accepted will become subject to lien in respect of continued non-payment of charges.


Condensation

48. All Units can potentially be affected by condensation it is Your responsibility to protect and package your goods to reduce the risk of damage should condensation occur. We accept no liability in any circumstances for any damage arising from condensation. Further protection and advice can be sought from us to minimise this risk upon request.


Automatic Entry Control

49. The Site features an automatic gate and entry control. All users are required to download the entry control app and upload a photo.

50. Two users are allowed per Unit rented. Any additional users can be added at a cost of £10 +vat per person per annum to cover administration. Any changes to users are priced the same.

51. Any abuses to the gate system or allowances of unauthorised entry and any and all abuses or accidental false alarms to the security system will be dealt with strictly on the following basis:-

Strike 1 Verbal warning
Strike 2 Written warning
Strike 3 Charge of one months’ rent

Any breaches beyond this within a 12 month period will result in termination of contract.