TERMS & CONDITIONS
1. LICENCE. The Licensor hereby grants to the Licensee for the term of the License specified in item 1 of the Schedule hereto (“the term”) the licence to use and occupy the storage unit located on the Licensor’s premises as identified in Item 2 of the Schedule hereto (“the Unit”) for
the purpose of storing the Licensee’s goods and other property of the type described in Item 3 of the Schedule hereto subject to the Licensee paying the Licence Fee described in Item 4 of the Schedule hereto at the times and in the manner hereafter provided and upon and subject to the
terms and conditions of this Licence Agreement (“this Agreement”).
2. DEPOSIT. In addition to the Licence Fee which shall be payable monthly in advance from the Commencement Date specified in Item 1 of the Schedule on the day of the month specified in Item 4 of the Schedule, the Licensee shall pay upon execution hereof a security deposit equal to one (1) month’s Licence Fee as set out in Item 5 of the Schedule hereto (“the security deposit”)
which shall be refundable within fourteen (14) days from the termination of this Agreement provided that the Licensee has complied with and observed all of the terms and conditions hereof to the complete satisfaction of the Licensor. The Licensor in its absolute discretion may accept payment by cheque in respect of any moneys due and owing by the Licensee pursuant to
this Agreement provided however that the Licensee shall be liable to pay the Licensor a $10.00 administrative charge on all returned cheques.
3.HOLDING OVER. On the expiration of the term, this Agreement shall be automatically extended from month to month thereafter unless the Licensee delivers to the Licensor written notice of his intention to terminate this Agreement no later than seven (7) days prior to the end of the then current month.
4.COMMENCEMENT. If the Commencement Date is a date other than the first day of a calendar month, the initial fee payable by the Licensee shall be the Licence Fee for one (1) month and the next installment of the Licence Fee shall become due and payable one (1) calendar month later on the day of the month specified in Item 4 of the Schedule hereto and thereafter shall be payable calendar monthly in advance.
5. NO TRANSFER OR ASSIGNMENT. The Licensee shall not transfer or assign any of his rights under this Agreement nor grant to any person the right to occupy or use the Unit.
6. STORAGE. The Unit may be used only for the purpose of storage and for no other purpose. The Unit may not be used for the storage of any living animals, fresh food, goods of an obnoxious or illegal nature, explosives, inflammables or any other hazardous or dangerous materials of whatever nature. If the Licensee or its agents reasonably believe that the provisions of this Clause are not being complied with they may at any time (without having obtained the consent of the
Licensee) inspect the contents of the Unit and if necessary in order to gain access to the Unit for this purpose, shall be entitled to break the Licensee’s lock attached to the Unit and the cost of replacing the lock shall be borne by the Licensee.
(a) The Licensee acknowledges that under no circumstances will the Licensor be liable for any loss or damage howsoever caused to any goods stored in the Unit by the Licensee from time to time (“the Licensee’s goods”). The Licensee further acknowledges that the Licensor is under no obligation whatsoever to effect insurance on the Unit or the contents therein at any time during the term of this Agreement.
(b) The Licensee shall not have any claim of any nature whatsoever against the Licensor for any loss, damage or injury which the Licensee or any of the Licensee’s employees agents or sub-contractors may directly or indirectly suffer (whether or not such loss, damage or injury is caused through the negligence of the Licensor or its agents or employees) caused by or arising out of or in connection with any act or omission by the Licensor or its agents or employees including, without limiting the generality of the foregoing, any loss, damage or
injury caused or arising out of any detect in the Unit, theft, fire, water, explosion, fraud by a third party, any act or omission by any other person occupying other units or breach of any express or implied terms of this Agreement. The Licensee shall not under any circumstances have any claim against the Licensor for consequential loss however caused.
8. LOCK, MAINTAIN AND REPAIR.
(a) The Licensee shall at all times during the term of this Agreement keep the Unit securely locked and shall keep and maintain the Unit in good order and condition at his own cost, and shall not store therein any object which because of its weight or nature or for any other reason may cause damage thereto. The Licensee shall be obliged to make good and repair at his own cost, any damage caused to the Unit from time to time during the term of this Agreement.
(b) The Licensee shall not place more than one (1) lock on the Unit at any time during the term of this Agreement.
9. DELIVER UP. Upon termination of this Agreement, the Licensee shall deliver up the Unit in a clean and tidy condition and in the same good order and condition as at the commencement of this Agreement. Should the Licensee fail to deliver the Unit in the same good order and condition (as shall be determined conclusively by the Licensor) then the Licensee shall pay to the Licensor all reasonable costs of restoring and if necessary replacing the Unit to good order and condition. The Licensor shall be entitled but not obliged to use and apply the security deposit in reduction of he amount due to it under this clause.
10. VERMIN. The Licensee in during the term of this Agreement to keep the Unit free from all vermin and in the event of vermin being found in the Unit to cause the Unit to be treated so as to eradicate such vermin at the Licensee’s cost. If the Licensor or its agents reasonably believe that the provisions of this Clause are not being complied with they may at any time (without having obtained the consent of the Licensee) inspect the contents of the Unit for the purpose of ascertaining whether the Unit is free from vermin and if necessary in order to gain access to the Unit for this purpose shall be entitled to break the Licensee’s lock attached to the Unit. If vermin is found in the Unit then the Licensor shall be entitled but not obliged to cause the Unit to be treated so as to eradicate the vermin, and the cost of such work and of replacing the lock shall be borne by the Licensee.
11. SURROUNDING AREA. The Licensee undertakes during the term of this Agreement to censee undertakes during the term of this Agreement to maintain the Unit and the surrounding area in the immediate vicinity of the Unit in a clean and tidy condition by ensuring that all waste, residual materials and abandoned goods are placed in the waste bins provided for that purpose.
(a) (i) In the event of the Licensee failing to pay the Licence Fee within ten (10) days of the date for payment of the Licence Fee as specified in item 4 of the Schedule hereto (“the due date”), a surcharge of $10.00 (“the initial surcharge”) shall become due and payable by the Licensee to the Licensor.
(ii) If the Licence Fee and the initial surcharge has not been paid within twenty (20) days of the due date then an additional surcharge of $10.00 (“the additional surcharge”) shall become due and payable by the Licensee to the Licensor and the Licensor shall have the right to place its own locks on the Unit (“overlock”) and deny the Licensee access to the Licensor’s premises and the Unit.
(iii) If the Licence Fee, the initial surcharge and the additional surcharge has not been paid within thirty (30) days of the due date, the Licensor shall then give written notice to the Licensee of its intention to sell the Licensee’s goods in accordance with and in the manner set out in Condition 12 (a) (iv) hereof.
(iv) If the Licence Fee, the initial surcharge and the additional surcharge has not been paid within forty (40) days of the due date the Licensor shall from that date have a lien over the Licensee’s goods and upon giving two (2) weeks notice to the Licensee, shall have the right to sell or otherwise dispose of the Licensee’s goods by tender to the highest bidder or by auction or by any other method that may be determined by the Licensor from time to time and further the Licensor shall have the right to deduct from the proceeds of any sate all monies due and owing to the Licensor by the Licensee pursuant to this Agreement including all expenses incurred by the Licensor in selling the Licensee’s goods.
Condition shall be paid over to the Licensee without interest but apart from such payment the Licensee acknowledges and agrees that it shall have no right or claim whatsoever against the Licensor in respect of any loss suffered by the Licensee as a result of the sale of the Licensee’s goods pursuant to this Condition. The Licensee irrevocably appoints the Licensor (including any Director. Manager or other officer of the Licensor for the time being authorised in that behalf by the Licensor) to be the true and lawful attorney for the Licensee in its name and on its behalf to sell or otherwise dispose of the Licensee’s goods pursuant to this Condition.
(b) The Licensor shall be entitled to use and apply the security deposit in part reduction of any amount due to it by the Licensee pursuant to this Agreement.
(c) The Licensor shall have the right to overlook the Unit and deny the Licensee access to the Licensor’s premises and the Unit if the Licensee is in breach of any of the terms and conditions contained in this Agreement after having received seven (7) days written notice from the Licensor to remedy that breach.
(a) In the event of the Licensor electing to terminate this Agreement for any reason whatsoever, the Licensor shall be entitled, but not obliged to break the Licensee’s lock in order to gain access to the Unit and its absolute discretion to:
(i) deliver the contents of the Unit to the Licensee at the address set out on the cover sheet of this Agreement and the Licensee shall in that case be liable for the cost of delivery; or
(ii) remove and store the contents of the Unit to such other place as the Licensor may in its absolute discretion think fit, provided always that the Licensor shall be under no liability whatsoever for any loss or damage suffered to any goods or items of the Licensee during their removal and storage; or
(iii) sell or otherwise realise the contents of the Unit or any part thereof in the manner and on the terms and conditions contained in Condition 12 (a) (iv) of this Agreement.
(b) The provisions set out in Condition 13 (a) shall be in addition and without prejudice to such other rights as the Licensor may have under the provisions of the Disposal of Uncollected Goods Act 1970 as amended and at law.
14. SECURITY. The Licensee hereby acknowledges that he is aware of and accepts as totally adequate the security measures adopted by the Licensor and undertakes to ensure that the Unit is securely locked at all times when access by the Licensee is not required. The Licensee shall be solely responsible for the keys to the lock of the Unit and at no time shall the Licensor be responsible for the custody of such keys.
(a) The Licensor shall provide the Licensee with an Access Number which will allow the Licensee access to the Licensor’s premises by means of an automatic gate during the hours stipulated by the Licensor from time to time. Access outside the stipulated times may under special circumstances and subject to special conditions as determined by the Licensor, be agreed to by the Licensor.
(b) The Licensor shall not be liable for any loss or damage whatsoever suffered by the Licensee by reason of any person obtaining access to the Unit and the Licensor shall not be obliged to take any steps whatsoever to satisfy itself or to verify in any way that such person has been duly authorised by the Licensee to have access as aforesaid.
LICENCE FEE The Licensee agrees that the Licensor shall be entitled to increase the Licence Fee at any time by giving thirty (30) days prior written notice to the Licensee of its intention so to do. If the Licensee is not prepared to accept the increase, the Licensor in its absolute discretion may terminate this Agreement as from the date upon which the increased Licence Fee is due and payable by giving written notice of termination as provided in Condition 3 hereof.
17. PROPERTY. The Licensee covenants and agrees with the Licensor that all property placed by him in the Unit is owned by him and agrees to indemnify the Licensor and keep the Licensor indemnified against all claims, costs, charges and demands made against the Licensor by any person in relation to goods placed by the Licensee in the Unit.
18. REMOVAL OF GOODS. Without in any way limiting or detracting from any of the rights conferred on the Licensor herein the Licensor shall be entitles at any time by giving seven (7) days written notice to the Licensee require the Licensee to remove all goods and other items from the Unit, and to pay all charges in respect there of up to the date of such removal and thereupon this Agreement shall be at an end without prejudice to any rights or obligations of either party incurred before.
19. RULES. The Licensee acknowledges that the Licensor may lay down certain rules and regulations relating to the Unit from time to time copies of which will be made available to the Licensee upon request. The Licensee agrees that the rules and regulations made by the Licensor pursuant to this Condition shall be regarded as forming and be deemed to be part of this Agreement and the Licensee undertakes to comply at all times with and observe the rules and regulations in force from time to time.
20. NO ALCOHOL. Neither the Licensee nor his agents employees or invitees shall smoke or consume alcoholic beverages in or around the Units or on the Licensor s premises specified in Item 6 of the Schedule hereto (“the Licensor’s premises”).
The Licensee agrees to:
(a) Indemnify the Licensor from and against all claims, demands, proceedings, judgments, damages, costs, and losses of any nature whatsoever which the Licensor may suffer or incur in connection with the loss of life and/or person, injury to any person and/or damage to any property (wheresoever occurring) arising from or out of any occurrence in or around the Unit or in any way connected with the use by the Licensee of the Unit or any part thereof or occasioned wholly or in part by any act, neglect, default or omission by the Licensee, or by the employees, agents, contractors, customers, lawful visitors, invitees or licensees of the Licensee or by any other person or persons using the Unit or within the premises with the
consent or approval express or implied of the Licensee.
(b) Indemnify the Licensor from all loss and damage to the Unit and to any other part of the
Licensors premises caused by the negligent use or misuse, waste or abuse of air conditioning, fire protection or fire lighting installations, or equipment or water, gas or electricity supplied to the Unit or the use of occupation thereof.
22. EXPENSES. The Licensor shall be entitled to recover from the Licensee any loss, damage or expense of any nature whatsoever, which the Licensor may directly or indirectly suffer caused by or arising out of, in any manner whatsoever, any act or omission by the Licensee, or any of the Licensee’s employees agents, or invitees, or any person who has been able to obtain access to the Unit due to the Licensee’s negligence.
23. NO LEASE. This Agreement grants to the Licensee the right of access to and the right to store the Licensee s goods in the Unit, but in no way confers upon the Licensee exclusive possession of the Unit, nor shall a lease or tenancy come into existence as a result of this Agreement, and the rights hereby conferred upon the Licensee shall rest in contract only.
24. WHOLE AGREEMENT. This Agreement and the terms hereofshall be deemed to be in lieu of and in substitution for all agreements whether verbal or in writing or partly verbal and partly inwriting made between the Licensor or its agent and the Licensee with respect to the storage of the Licensee’s goods and properly in the Unit.
25. NOTICES. Any notice which under the terms hereof or otherwise is to be given to the Licensee, may be delivered to the Licensee personally, or sent by post to the Licensee at the address of the Licensee appearing on the front cover of this Agreement, and if sent by post such notice shall be deemed to be delivered on the day following the day of posting.