Kelly's mobile self storage.
The storage people that come to you.
These conditions explain yours and our rights, obligations and responsibilities under the agreement constituted by these conditions and our quotation. When we use the word 'you' or 'your' it means you, the Customer who has requested our services: 'We', 'us' or 'our' means Kelly's Storage Ltd. These conditions can be amended only by prior written agreement between you and us. Your attention is drawn to clauses 5, 9 and 10 which set out our liability to you for loss of or damage to your goods or property.
1 Our Quotation
1.1 We may change the price set out in our quotation or impose additional charges if circumstances apply or events occur that were not taken into account when we prepared our quotation. Examples include if:
1.1.1 You do not accept in writing the quotation within 28 days of, or the service is not carried out or provided within 2 months of, the quotation being given.
1.1.2 The service is carried out outside normal working hours (i.e. outside 8.30am-4.30pm Mon-Fri or, 8.30am-4pm Sat)
1.1.3 We have to collect goods above the ground floor and first upper floor.
1.1.4 The stairs, lifts of doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles or the containers to load/unload are more than 20 metres from the entrance to the premises.
2 Additional Charges
2.1 Additional charges may also be applied under the following circumstances:
2.1.1 If a parking fine is incurred by us while carrying out the service. This fine will be charged direct to you together with a 10% surcharge for our administration costs.
2.1.2 If our drivers arrive at the premises and are unable to load/unload because the keys for the premises are not available and the delay lasts for more than 20 minutes, our driver will leave but the transport charge will be charged to you. If a future time is later arranged, there will be an additional transport charge.
2.1.3 If a loading service is ordered, an additional charge of £50 will be added for every half hour over and above the one and a half hours per container based on 2 men allocated.
3 Services Not Included in the Quotation
3.1 Where a loading only service has been ordered, we will not:
3.1.1 Dismantle or assemble unit or system furniture (flat pack) INCLUDING BEDS.
3.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
3.1.3 Move items from a loft or do any work that involves the use of a ladder.
3.1.4 Under any circumstances pack items into boxes. Our responsibility will be solely to put pre-packed items into the containers.
4 Your Responsibility
4.1 It is your sole responsibility to:
4.1.1 Empty, properly defrost and clean any refrigerators and deep freezers. We will not be responsible for their contents.
4.1.2 provide us with a contact address for correspondence and any subsequent changes to such address throughout the period of storage of your goods.
4.1.3 inform us within 48 hours of any damage to your goods or property which occurred during a loading or unloading service.
4.1.4 ensure that all items packed by you in boxes are packed securely. Save as otherwise provided in these conditions, we will not accept liability for damage to any items not so packed.
4.2. Where a loading only service is ordered (and in addition to Clause 4.1 above) it is your sole responsibility to:
4.2.1 Obtain at your own expense, all access and parking facilities reasonably required by us to enable us to carry out the services.
4.2.2 Be present during the removal of your goods
4.3 We will not be liable for any loss or damage you suffer or incur as a result of your failure to perform your responsibilities hereunder.
5 Our responsibility
5.1 It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By "undamaged" we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/ or storage. Our responsibility will cease upon delivery to you or upon collection by you from our store.
5.1.1 Where the container was loaded by you: We will only accept liability for damage to or loss of contents where such damage or loss is attributable to or in consequence of the following perils: Fire, Lightning, Explosion, Earthquake, Storm, Flood, Burst Pipes, Theft accompanied by forcible or violent entry or exit, Riot, Strike, Civil Commotion, Malicious Damage, Impact by vehicles or aircraft and damage caused by dropping of a container.
5.2 If we fail to discharge the responsibilities identified in clause 5.1 we will, subject to the provisions of clauses 5.1.1, 9 and 10 be liable under this agreement to compensate you for such failure.
5.3 The amount of our liability under this clause 5 shall be determined pursuant to clause 9.
6 Goods that must not be submitted for removal or storage
6.1 The items listed below are examples but not an exhaustive list of goods that may present risks to health and safety or may carry other risks that prohibit their storage.
6.1.1 Stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items including; gas bottles, aerosols, paints, firearms and ammunition.
6.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
6.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
6.1.4 Perishable items and or those requiring a controlled environment, animals, birds or fish.
6.2 If you submit such goods without our knowledge, we will endeavour to make them available for your collection and if you do not collect them within a reasonable time we will dispose of such goods without notice. In addition, you will be liable to indemnify us against any charges, expenses, damages, legal costs or penalties incurred by us in relation to such prohibited goods. Furthermore we will not be liable to you for any damage or loss incurred or suffered by you as a result of our disposal or destruction of such prohibited goods.
7 Ownership of the Goods
7.1 By entering into the agreement, you guarantee that:
7.1.1 The goods to be stored in your container are your own property or the person(s) who own or have an interest in them have given you authority to store the goods in your container or enter into the agreement and have been made aware of these conditions.
7.1.2 We will only give access to your container to a third party if we have confirmation in writing from you to do so.
7.1.3 You will indemnify us against any loss or damages including costs brought against or suffered by us if clause 7.1.1 is not true.
8.1 Unless otherwise agreed by us in writing;
8.1.1 Payment of the rental charge is required no later than the day we make or accept delivery of your container and shall be for the storage period equal to the unexpired number of days of the calendar month in which we take or accept delivery.
8.1.2 Thereafter the rental charge will be paid monthly in advance on the 1st day of each month (or if a weekend, the next working day) with the close of your account resulting in a refund for the days in excess.
8.1.3 The preferred payment method is by debit or credit card or direct debit. All other methods are subject to a 12.5% surcharge.
9 Determinations of amount of our liability for loss or damage
9.1 In the event of loss of or damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of £100.00 for all goods stored.
9.2 Where the lost or damaged item is part or a pair or set, our liability to you, where it is to be assessed as the cost of replacement of that Item, will be assessed as a sum equivalent to the cost of that item in isolation and not the cost of that item as part of or a pair or set.
9.3 We recommend that you take out personal insurance for any of your goods.
10 Exclusions of Liability
10.1 We will not be liable for any loss of, damage to, or our failure to produce the following goods:
10.2.1 Bonds, Securities, Stamps of all Kinds, Manuscripts or other documents or electronically held Data Records.
10.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
10.2.3 Perishable Items and/or those requiring a controlled environment.
10.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
10.2.5 Animals, birds or fish.
10.2.6 Any goods in wardrobes, drawers or appliances.
10.2.7 China, glassware and fragile items unless packed and unpacked by us.
10.2.8 Any goods which have a pre-existing defect or are inherently defective but provided that in the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability will be limited to £100 or its actual value whichever is less.
10.3 Other than as a result of our negligence or breach of contract, we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:
10.3.1 war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action, strike or other such events outside our reasonable control.
10.3.2 ionising radiations or radioactive contamination
10.3.3 Chemical, Biological, Bio-chemical, Electromagnetic Weapons and cyber attack
10.3.4 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.
10.3.5 vermin, moth, insects and similar infestation, damp, mould, mildew or pest.
10.3.6 cleaning, repairing or restoring the goods unless we arranged for this to be carried out.
10.3.7 change to atmospheric or climatic conditions.
10.3.9 electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there it evidence of related external damage.
10.4 Notwithstanding any other provisions of these conditions, we shall not be liable for any indirect or consequential loss of any kind or description howsoever caused.
10.5 No employee or sub-contractor of ours will be individually liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of the agreement,
10.6 Our liability will cease upon handing over goods from our warehouse or upon completion of delivery to you.
11 Our right to hold the goods (lien)
We reserve the right to withhold some or all of your goods until you have paid without set-off all our charges and any other payments due under the agreement. In addition, we shall be entitled to sell or dispose of some or all of your goods without further notice to enable us to recover any sums due to us. The cost of the sale or disposal will be charged to you with the net proceeds credited against your account with us and the balance paid to you without interest. If the full amount due to us from you is not thus recovered, we will take steps to recover the balance from you.
We retain the right to keep your container at any suitable warehouse of our choice at our convenience.