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 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 8.00am-4.00pm)
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. We reserve the right to not carry out the job if any of the above apply.
1.1.5 There is a minimum rental charge of 2 weeks for Self Storage services and a minimum rental charge of 4 weeks on Mobile Self Storage services.
1.1.6 All special offers are subject to a minimum storage term. By accepting the quotation you agree to pay this minimum term specified on the quotation.
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 may be charged direct to you together with a 10% surcharge for our administration costs. It is your responsibility to arrange suitable parking.
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 Our Services
3.1 Mobile Self Storage Services – We will deliver the container(s) to you for you to load, please note we can only leave one container with you overnight if there is suitable parking. This service DOES NOT include loading or packing the items into boxes, dismantling or assembling unit or system furniture (flat pack) INCLUDING BEDS. Disconnecting, re-connecting, dismantling or re-assembling appliances, fixtures, fittings or equipment. Moving items from a loft or doing any work that involves the use of a ladder. Or under any circumstances packing items into boxes, Coverage does not apply for any damage or loss that may have been caused due to poor loading, or any other reason, even if you accept our drivers assistance.
3.2 Loading Services – Kelly’s Staff will deliver the container(s) and load your goods into them for you. You are covered for damage due to poor loading but not any damage due to insufficient packing. This service DOES NOT include packing the items into boxes, dismantling or assembling unit or system furniture (flat pack) INCLUDING BEDS. Disconnecting, reconnecting, dismantling or re-assembling appliances, fixtures, fittings or equipment. Moving items from a loft or doing any work that involves the use of a ladder. Or under any circumstances packing items into boxes. Our responsibility will be solely to put pre-packed items into the containers.
3.3 Packing Services – Kelly’s Staff will deliver your container(s), pack your items into boxes, where applicable and load into the container(s). You are covered for damage due to insufficient packing and loading. Any packing materials used over those covered in your quotation will be added to your first invoice.
3.4 Loose Loading - In some circumstances, we may loose load your goods into a vehicle and then load your goods into a container when we return to the warehouse. On redelivery of your goods we may also unload your goods from your container into a vehicle prior to the delivery. We will make you aware of this before any of your goods are handled.
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 in writing to firstname.lastname@example.org which occurred during a loading or unloading service.
4.1.4 Ensure all discrepancies are noted on the driver’s docket and signed by both yourself and the driver. any discrepancies reported after this time may not be accepted.
4.1.5 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 and packing 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 Where a mobile service is ordered (and in addition to Clause 4.1 above) it is your sole responsibility to:
4.3.1 Obtain at your own expense, all access and parking facilities reasonably required by us to enable us to carry out the services.
4.3.2 Be available on the phone at all times. Our drivers will not deliver the container(s) without speaking with you first, and you will be charged the full transport rate.
4.3.3 Advise us by 3pm the day before your booking is due of any cancellations or amendments. Failure to do so may result in a cancellation charge which would be equivalent to the full, original collection charge.
4.4 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 We will not take any payment for rental or transport until the first working day after your goods are brought into storage. You will then be invoiced for any collection charges that may be due, and for the rental up until the last day of the month. You will then be invoiced on the 1st working day of each month, for the whole of that month in advance.
8.1.1 Payment will be taken automatically from the payment method you gave upon booking, unless otherwise arranged. If we do not have any payment details, you will be charged a 12% irregular payment surcharge.
8.1.2 When booking your goods out of storage, we will generate a final account, which will charge you any transport fees that may be due, and refund any storage rental that has been overpaid.
8.1.3 The balance will need to be settled by 3.30pm the day before any delivery can be carried out.
8.1.4 The preferred payment method is by debit or credit card or direct debit. All other methods may be subject to a 12% surcharge.
8.1.5 If your account is in arrears you will not be allowed to access to your goods until the account is cleared.
8.1.6 If your account falls into arrears, we will contact you immediately via email and phone for the next 10 days. Failing to reach you will result in a letter being sent advising you of the arrears. If payment is not received within 20 days of your invoice date, we will notify you that your goods are going to be sold. If we have still not received payment within 30 days of your invoice date your goods will be sold.
9 Determinations of amount of our liability for loss or damage
9.1 Where the loss 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.
9.2 We recommend that you take out personal insurance for any of your goods. All goods must be insured whilst in storage. If your goods are covered elsewhere, you will be charged at our rates until proof of insurance policy is sent to us, specifying your goods are covered whilst in storage. If the policy expires whilst in storage, we withhold the right to charge our rates until we receive a copy of an updated policy.
9.3 The maximum liability for student storage is £100 per item, unless agreed otherwise with Kelly’s.
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.
10.3.8 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 Time Limit for Claims
11.1 For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
11.2 If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.
11.3 Notwithstanding clauses 9, 10 and 12 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.
11.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
12 Damage to premises or property other than goods
12.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
12.1.1 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
12.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
12.1.3 If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.
13 Our right to hold the goods (lien)
13.1 We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. (See also Clause 14). These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
14 Our right to sell or dispose of the goods
14.1 If payment of our charges relating to your goods is in arrears, we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us within 45 days of the invoice date, we may sell or dispose of some or all of the goods without further notice. The net proceeds will be credited to your account to recover the balance owed to us. If the full amount due is not received from the sale, we may seek to recover the balance from you.
15 Your forwarding address
15.1 If you send goods to be stored, you must provide an address for correspondence and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
15.2 If you do not provide an address and/or do not respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by you seven days after the publication date of the newspaper. Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
16 Revision of storage charges
16.1 We review our storage charges periodically. You will be given 1 months notice in writing of any increases.
17.1 We retain the right to keep your container at any suitable warehouse of our choice at our convenience