CONDITIONS OF HIRE FOR SELF STORAGE LICENCE AGREEMENT
1.1 In these Conditions the following definitions apply, unless the context requires otherwise. Reference to “we”, “us”, “our” are reference to Wm O’Brien Public Storage or any of its subsidiaries. Reference to “you” and “your” are reference to the customer named on the front page of the Storage Agreement. “Additional Charges” means charges for insurance, merchandise, transport Vat and other charges that may be incurred from time to time. “Conditions” means these Conditions of Use of Storage Centre. “Late Charges” means a charge for late payment of a sum due and owing. “Period” means 28 days. “Period of Storage” means the period of time (being not less than 7 days) during which the Property is stored at the site. “Property” means the property from time to time stored at the Storage Centre pursuant to the Storage Agreement with you. “Regular Storage Charge” means the storage charge levied for each Period that the Property is stored at the Storage Centre. “Storage Centre” means the premises indicated in the Storage Agreement overleaf. “Services” means the provision of storage and related services to be provided by us pursuant to these Conditions and the Storage Agreement with you. “Total Storage Charge” means the Regular Storages charges plus and Additional Charges. “Week” means a period of 7 days.
1.2 Unless defined above all capitalised words and phrases are used in these Conditions refer to terms used in Storage agreement overleaf.
1.3 The headings used in these Conditions are for convenience only and will not effect the interpretation of any provision contained in these conditions.
2 The Provision of Services
2.1 We will upon receipt of the First-Payment and such other periodic charges as may accrue from time to time provide the Services to you for the duration of the Period of Storage or until the Storage Agreement is terminated in accordance with 13.1 of these Conditions.
2.2 You warrant that you are either the owner of the Property or you are authorised by the owner of the Property to accept the Conditions on his or its behalf.
2.3 We do not inspect property when it arrives at the Storage Centre and we do not keep any records concerning, or any inventory of, the Property, nor do we have any knowledge of its nature, condition or state of repair.
3 Right of Access
3.1 At our discretion we may allow other persons authorised by you in writing to have access to the Storage Centre and to remove the Property.
3.2 We will not be liable for loss of or damage to Property arising from someone being given access or being allowed to remove the Property where we had reasonable grounds to believe that the person is entitled or authorised to have access.
3.3 The storage centre will be open during the designated opening times. Unless indicated otherwise, the storage centre will be closed on bank and public holidays. We reserve the right to alter the designated opening times at our sole discretion by notice at the Storage Centre.
3.4 We reserve the right to exclude you from the Storage Centre if you are in breach of any of the provisions of the Storage Agreement or these Conditions for so long as such breach remains unremedied.
3.5 We alone will determine where the Property is to be stored within the Storage Centre from time to time and we reserve the right to move the Property (or any part of it) within the Storage Centre. Notwithstanding any additional or subsequent allocation of space for the storage of the Property, you will not be entitled to exclusive possession or use of that or any other part of the Storage Centre.
3.6 We may enter the unit by giving you 7 days’ notice so that we may inspect, or carry out repairs, maintenance and alterations to the unit or to ensure compliance with these terms and conditions or for any other purpose.
3.7 We may enter the unit at any time without notifying you in the case of emergency; when required to do so by Gardai , fire service, local authority or court order, where we suspect the unit is being used in breach of agreement and to gain access in accordance with condition 12 of this agreement.
4 The Deposit
4.1 You will pay a deposit to us which is €100 on all unit sizes. We will retain the deposit until termination of the Storage Agreement for whatever reason, at which time, subject to clause 4.2 below, we will refund the deposit to you (without interest) within 14 days of termination.
4.2 We reserve the right to deduct or withhold from the deposit any sums accruing in respect of repairs or cleaning which we consider is required, as a direct or indirect result of the storage of the Property within the Storage Centre, in order to bring the Storage Centre up to suitably the same standard and condition as it was at the Commencement Date, and in respect of any sums accruing in respect of removal costs or any other arrears of the Total Storage Charge or Late Charges or otherwise.
5 The Total Storage Charge
5.1 The Total Storage Charge will be payable in respect of each Period.
5.2 The Total Storage Charge for the first Period will be due and payable on the date that the Storage Agreement is signed by you and the Total Storage Charge for each successive Period thereafter will be due and payable on the first day of that Period.
5.3 We are entitled to increase the Total Storage Charge by given you 28 days prior written notice. Any such increases will take effect immediately following the expiry of the current Period. Upon receiving such notice, you are entitled to terminate the Storage Agreement in accordance with clause 13.1 of these conditions.
5.4 We will be entitled to impose a late charge of €5.00 or 10% of the Overdue Storage Charge (whichever is greater or) (plus applicable VAT if any) for each 28 day period that The Total Storage Charge remains unpaid for 10 days or more having become due and payable.
5.5 A service charge is levied for all returned cheques, the amount of the service charge may vary in line with increases in bank charges.
6 Your Undertakings
6.1 You undertake that:
6.1.1 when the Property is presented for storage, the Property will be securely and properly packed and in such conditions as not to cause damage or injury to the Storage Centre or any other property, whether by spreading damp, infection, leakage or the escape of fumes or substances or otherwise howsoever. In addition the Property will not be perishable nor include any animal or other living creature.
6.1.2 before presentation of Property for storage, you will inform us in writing of any special storage requirements, which you require due to the nature, weight or condition of the Property.
6.1.3 non of the property contains or consists of hazardous, toxic or radioactive materials nor any pollutant or contaminant in liquid, solid or gaseous form.
6.1.4 non of the Property constitutes waste as defined in law.
6.1.5 you, and any other person authorised by you, will observe any regulations in force from time to time at the Storage Centre.
7 Yours Obligations
7.1 You will not:
7.1.1 allow anything to be done on the Storage Centre, which may be or may become a nuisance or disturbance to our employees, agents or our other customers;
7.1.2 transfer or assign or any way part with your rights or obligations under the Storage Centre Agreement and these Conditions without our written consent;
7.1.3 Request us to store any Property, the possessions of which is in breach of law or which would require us to comply with any statutory duties.
8.1 We have a general lien over the Property, which entitles us to retain the Property as security for payment of all sums due and payable and becoming due and payable by you under the Storage Agreement and for any other monies which are owes to us by you.
9.1 We shall not be liable for any loss (including consequential or economic loss) or damage to the 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 by 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 goods. Any other representations, conditions, warranties 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.
9.2 The exclusion of liability 9.1 above does not apply where the damage suffered by you is a direct result of our negligence or wilful default of that of our employees or agents and which causes physical injury to or the death of any person.
10.1 Subject to the provision of sub clause 9.2 above, you will indemnify us and keep us indemnified against all and any costs, charges, expenses, damages or losses incurred or suffered or becoming payable by us in connection with, or as a result of any demand, claim or action or other proceedings brought against us arising out of, or in connection with, the provision of the services, including but not limited to the following:
10.1.1 any dispute to the ownership of the Property or as to the person entitled in law to possession of the Property.
10.1.2 the dangerous nature of any dangerous characteristic of the Property of the infectious or contagious nature of the Property.
10.1.3 the storage of the Property at the Storage Centre.
10.1.4 cleaning up or cleaning out the Storage Centre in the event of termination.
11.1 You accept that the Property stored at the Storage centre is stored at your sole risk and expense. You will be solely responsible for taking put appropriate insurance at the full replacement value of the Property unless you have indicated otherwise in the Storage Agreement. In addition, you will procure that the policy of insurance will contain a waiver of the insurers rights of subrogation against us, our employees or our agents. If you have indicated overleaf that you wish us to arrange insurance cover on your behalf, a summary of the terms of such cover will be set out in the Insurance Application Form. The full terms of the cover and exclusions are set out in the master policy, which is available for inspection upon request.
12 Non – payment of charges
12.1 If you fail for whatever reason to pay the Total Storage Charge or any Late Charge within 10 days of it becoming due and payable, we may notify you in writing of our intention to remove the property from the Storage Centre to such alternative storage centres as we may determine at our discretion.
12.2 If you fail to pay the Total Storage Charge or any Late Charge within 30 days of the date of notice given under 12.1 above, we will at our absolute discretion be entitled to sell or in the event that a sale would not be economically justifiable, destroy or otherwise dispose of the Property as we see fit.
12.3 The proceeds of any such sales effected pursuant to sub clause 12.2 above may be applied by us to any unpaid Total Storage Charge or Late Charge and to any other costs, charges and expenses incurred in connection with such sale. You will be entitled to claim the balance (if any) which remains thereafter.
12.4 Any sale effected pursuant to sub clause 12.2 above will be without prejudice to our rights to recover from you any balance outstanding and due from you after proceeds of the sale have been applied in accordance with sub clause 12.3 of these Conditions.
13.1 Either party may terminate the Storage Agreement upon giving 7 days’ notice in writing to the other party, provided that a minimum period of 1 weeks has elapsed.
13.2 Notwithstanding sub clause 13.1 above, either you or we may terminate the Storage Agreement by written notice to the other with immediate effect on the occurrence of a breach by either of us of the Storage Agreement or these Conditions.
13.3 Any termination of the Storage agreement by either you or us will be without prejudice to any other remedies either of us may be able to pursue against each other including the remedy that either of us may be able to sue the other in respect of accrued rights under these Conditions.
13.4 You will collect the Property and remove it from the Storage centre upon termination by you becoming effective or within 3 days of any termination by us becoming effective. You will leave the Storage centre in substantially the same condition as it was at the Commencement date.
13.5 If you fail to collect the Property and remove it from the Storage Centre in accordance with sub clause 13.4 above, we reserve the right to dispose of the Property at your cost.
14.1 These conditions together with the Storage agreement overleaf form the entire agreement between you and us and supersede and extinguish all earlier agreements and arrangements of any kind between us.
14.2 Any notice given under these Conditions will be in writing and signed by or on behalf of the party giving it and may be served by depositing it or sending it by facsimile or prepaid post to the address stated overleaf or if any change of address has been notified to us, at the last address so notified. Any notice so served by facsimile or post will be deemed to have been received, in the case of facsimile, 12 hours after the time of dispatch and in the case of prepaid post, 48 hours from the time of posting.
14.3 We shall not be liable for any loss or damage which you may suffer as a direct result of our performance of this agreement being prevented, hindered or delayed by reason of any Act of God, riots, strike or lock out, trade dispute or labour disturbance, accident, breakdown of plant, machinery or equipment, fire, flood, break-in, difficulty in obtaining workmen, materials or transport, electrical power failure or other circumstances whatsoever outside our control and which affect the provision by us of access to or use of the Storage Centre.
14.4 Each of the provisions of the Storage Agreement and of these Conditions is severable. If any such provision is or becomes illegal, invalid or unenforcable in any respect under the law of any jurisdiction, that shall not affect the legality, validity, or enforceability in that jurisdiction of any other provisions of the Storage Agreement of these Conditions.
14.5 Nothing in the Storage Agreement or in these Conditions will be treated as creating any tenancy, lease, licence or any relationship of landlord and tenant between you and us, nor will we be regarded as a warehouse keeper.
14.6 Irish Law will govern this agreement and you will submit to the exclusive jurisdiction of the Irish Courts.