Some words have specific meanings in these Conditions.
Conditions: the terms and conditions set out in this document;
Container: one of the Company’s Containers located on the site;
Contract: the contract that is formed between us in relation to the storage of Your Goods in a Container. This contract incorporates these Conditions;
Customer Form: the form detailing the specific terms of storage agreed with you as set out overleaf, which incorporates these Conditions and must be signed by you;
Customer, you: the person named on the Customer Form
Rental Charge: the weekly charge payable by you to us as stated in the Customer Form.
The Company, us, we
R T Julian & Son Limited a company incorporated in England and Wales and registered with company number 041226674 whose registered office is at Treloggan Industrial Estate, Newquay, Cornwall TR7 2SX.;
VAT: value added tax chargeable in the UK for the time being and any similar additional tax; and
Your Goods or Goods: your goods as described in the Customer Form.
We will provide you with appropriate storage space within one of our Containers during the continuance of the Contract between us.
You will be entitled to access to the Container and Your Goods during normal working hours (9.00am to 5.00pm Monday to Friday).Access to Containers outside normal working hours is not permitted without our prior agreement and if agreed we reserve the right to charge an additional fee for arranging such access.
The charges for our services are as stated in the Customer Form.
We reserve the right to charge further sums for any additional services provided by us.
You will pay a deposit of £40.00 to be held as security against the return of the lock and key provided by us to you for the Container. The deposit will be returned to you once you have handed in the lock and key and the Goods have been removed from the Container and all Rental Charges paid in full.
It is your sole responsibility to:-
declare to us in writing the approximate value of the Goods going into storage in the Container;
arrange for insurance of the Goods;
ensure that you are personally present during the loading and removal of the Goods from the Container;
provide us with a contact address and telephone number and any subsequent changes to such address during the continuance of the Contract;
ensure that all items constituting the Goods if contained with boxes are properly and securely packed or if not in boxes are suitably protected;
we shall not be liable for any loss or damage howsoever arising or incurred as a result of your failure to comply with your responsibilities.
It is our responsibility to ensure that the Goods are delivered up to you at the end of the storage period in the same condition as they were in at the time that they were put into storage by you. Unless we are instructed to load Your Goods into a Container we will only accept liability for damage to Goods resulting from some obvious external event.
Subject to the provisions of clause 10 of these Conditions we will compensate you for any failure to discharge our responsibilities under this Contract.
You acknowledge and agree that we reserve the right to exclude certain categories of goods from storage in our Containers including without limitation the following:-
stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items (including gas bottles, aerosols, paints, firearms and ammunition);
jewellery, watches, precious stones or metals, money, deeds, coinage, collectors’ items;
plants or goods likely to encourate vermin or other pests or to cause infestation or contamination and
perishable items and those requiring a controlled environment, animals, birds or fish.
Your Warranty as to Ownership of Goods
By entering into this Contract you warrant and represent to us that either you are the owner of the Goods stored in the Container or the person(s) who own or have an interest in the Goods have given you authority to store the Goods in the Container on their behalf and that they have been made aware of and accept these Conditions.
You agree to indemnify us and keep us indemnified against any loss, damages, claims, expenses, costs incurred or otherwise suffered howsoever by us as a result of any breach of your warranty and representation as to ownership referred to in clause 7.1.
You agree to pay us the Rental Charge weekly in advance. The first payment of the rental charge shall be made by you no later than the day on which we accept the delivery of the Goods into the Container.
We reserve the right to require you to pay a larger payment in advance for longer periods of storage.
All payments are exclusive of VAT.
If we subsequently agree extra charges for any additional services we agree to provide you then you must pay these extra charges promptly following our agreement.
Things You Will Need to Do
You agree to:
co-operate with us in ensuring compliance with these Conditions;
give us (and anyone representing us) access to the Container in which Your Goods are located for all reasonable purposes in connection with the performance of our services and ensuring compliance with these Conditions. For this purpose you acknowledge our right to gain access to the relevant Container;
give us any relevant information about you and Your Goods as we may reasonably require to ensure compliance with these Conditions;
ensure that any information you give us is accurate and complete;
make sure that you prepare Your Goods (at your own cost) for storage in our Container(s) in accordance with the instructions we give you.
Our liability to you
There are certain liabilities that we are not permitted to exclude by law and nothing in these Conditions limits our liability for personal injury or death caused by our negligence or as a result of fraud or fraudulent misrepresentation.
You may also have certain statutory rights as a consumer. Nothing in the Contract will affect these legal rights and, in particular, we will carry out the services under this Contract with reasonable care and skill.
You are responsible for following the advice we give you to keep Your Goods safe and for complying with the provisions of these Conditions and we do not have any liability for damage to your possessions caused by any failure to follow such advice or these Conditions.
Except as set out in paragraphs 10.1, 10.2, 10.3 and 10.9, of these Conditions:
if you provide us with a valid declaration of the value of the Goods, the amount of our liability to you in the event of loss or damage caused to the Goods as a result of our breach of clause 5 of these Conditions will be subject to a maximum aggregate liability of £2,000; and
if you do not provide us with a valid declaration of the value of the Goods our liability to you in the event of loss or damage caused to the Goods as a result of our breach of clause 5 of these Conditions will be subject to a maximum aggregate liability of £2,000 provided that liability for each individual item shall not in any event exceed £100.
Our liability to you is assessed by reference to the cost of the repair or replacement of the Goods, taking into account the age and condition of those Goods immediately prior to the loss or damage suffered as a result of our breach of clause 5 and subject to the maximum liability of £2,000 referred to in clause 10.4 above.
We will not be liable to you if we are prevented or delayed from complying with our obligations under this Contract by anything you or anyone acting on your behalf does or fails to do.
We are not responsible for losses that are not a natural, foreseeable consequence of any breach of the Contract. In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
We exclude all liability for any loss or damage to any excluded goods as described in clause 6 of these Conditions.
In accordance with clause 4.1(b), it is your sole responsibility to arrange for insurance of the Goods and we exclude all liability (to the fullest extent possible) for any failure to insure the Goods.
Without prejudice to any other rights or remedies which either of us may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if the other party:
fails to pay any amount due under the Contract on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment; or
commits a breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
repeatedly breaches any of the terms of the Contract in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the Contract.
On termination of the Contract for any reason:
you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt; and
the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
On termination of the Contract (however arising), conditions 7, 8, 11, 12 and 14 shall survive and continue in full force and effect.
Our rights to hold the Goods
We reserve the right to withhold delivery of some or all of Your Goods until you have paid us in full without set-off for all Rental Charges and other payments or sums that may be due under this Contract. 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 (after deducting all reasonable costs connected with that sale or disposal) credited against your account with us and the balance paid to you without interest. If we are unable to recover the full amount due to us from you from any such sale or disposal we will seek to recover the balance from you.
Circumstances Beyond Our Control
We will not be liable to you for any breach of the Contract or where there is any delay in performing our obligations due to any cause that is beyond our reasonable control. Without limitation, examples of causes beyond our reasonable control include explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance; any new laws or regulations that are introduced; any trade embargo; strikes or other industrial action; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Other Important Provisions
You may not assign or sub-contract any of your rights or obligations under the Contract to any third party.
We may at any time sub-contract or delegate in any manner any or all of our obligations under the Contract to any third party or agent at our discretion, but we will remain responsible to you for performance of the Contract.
If either of us does not enforce any right or remedy under these Conditions or grants any extension of time this will not affect the ability of either of us exercise any right or remedy under the Contract at a later date.
Only you and the Company are entitled to enforce this Contract. No third party shall be entitled to enforce any provision of a Contract, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The Contract is governed by the laws of England
Newquay Self Storage is the perfect solution for your part or full time storage needs.
We can accommodate any size requirements and are located close to all main roads into Newquay with easy access day or night.