The Licensee will have access during the business hours of the Licensor as notified by the Licensor to the Licensee from time to time and will not have access to the Space outside of the business hours or during times when any moneys payable by the Licensee hereunder are unpaid whether or not demand has been made.
The Licensee acknowledges that the Licensor has made no representation as to security measures taken by the Licensor.
The Licensee must not store any chemicals, chemical waste, petroleum products, animals or any goods that are illegal, inflammable, explosive, perishable or that in the opinion of the Licensor are a risk to the property of any person or thing.
No oral statements made by the Licensor or its employees shall form part of this Agreement and no failure or delay by the Licensor to exercise its rights under this Agreement will operate as a waiver of such rights.
The Licensee’s employees are expressly prohibited from carrying out any act for the Licensee without the prior written consent of the Licensor. Should any of the Licensor’s employees carry pout any act without the express written consent of the Licensor it is agreed between the Licensor and Licensee that they do so as agent for the Licensee and the Licensor has not liability for any loss, damage or claims arising there from.
The Licensor has the right to make and amend conditions in respect to the Licensees use of the Space upon giving seven (7) days notice to the Licensee and thereupon the same shall be deemed part of this Agreement.
The goods stored in the Space are at the sole risk and responsibility of the Licensee who shall be responsible for any and all theft, damage to and deterioration thereof and shall bear the risk of any and all damage caused by flood, fire or leakage or overflow of water, heat, spillage or material from any other Space, removal or delivery of the goods, pest or vermin or any other reason whatsoever including acts or omissions of the Licensor or persons under its control.
The Licensee acknowledges that the Licensor is under no obligation whatsoever to effect insurance on the Space or the contents therein at any time during the terms of this Agreement.
The Licensee hereby indemnifies the Licensor against all claims for any loss or damage to property of or personal injury or death to third parties resulting from incidental to the storage of goods in the Space including but not limited to damages caused by seepage or escape of any substance from the Space.
If the licensee:
Fails to comply with or observe these conditions as amended from time to time; or
Does not pay the Storage Fee within 3 months after the due date; or
Does not pay the moneys due to the Licensor on the date of termination of the Agreement, upon giving to the Licensee fourteen (14) days written notice of the Licensor’s intention (“the Licensor’s Notice”) forfeit any Deposit and may take possession and dispose of the goods in the Space without any liability to the Licensee save for the surplus and the Licensee shall pay the Licensor’s costs (including solicitor and client costs) incurred by the Licensor in respect of the Licensee’s breach of any of the terms of this Agreement. The Licensee irrevocably appoints the Licensor to be the true and lawful attorney for the Licensee and in its name and on its behalf to sell or otherwise dispose of the stored goods pursuant to this condition.
The Licensor may deduct from the proceeds of any sale or disposal of goods any moneys owing the Licensor including unpaid Storage Fees, repair costs, cleaning costs and collection costs payable by the Licensor as a result of the default by the Licensee and any expenses incurred on account of the disposal of the goods, interest at the rate of eighteen per centum (18%) per annum on all outstanding moneys due under this Agreement.
The Licensor’s Notice shall specify the Licensee’s breach and the right the Licensor has as a consequence of that breach to deal with the goods.
Upon the Licensor having issued the Licensor’s Notice and upon the Licensee having failed to remedy the breach therein specified the Licensor shall be at the liberty to resort to any or all of the following remedies:
Exercise a lien over the goods enabling the Licensor to retain the goods at the Licensee’s costs until payment has been made and the expressly grants such lien to the Licensor.
Sell the Licensee’s goods in which case any proceeds of sale shall be applied in the manner set out in the preceding Clauses;
If, in the reasonable opinion of the Licensor the goods or some of them cannot be economically sold by the Licensor the Licensor dispose of the goods without liability to account.
Any notice by the Licensor to the Licensee shall be deemed properly and adequately given if sent by pre-paid ordinary post to the Licensee’s address herein.
The Licensee acknowledges that in the case of the Licensee storing a motor vehicle it may be necessary for whatever reason for the Licensor to move the motor vehicle and expressly consents to the Licensor moving the Licensee’s motor vehicle should the Licensor deem it necessary without having to obtain the prior consent of the Licensee.
The term “the goods” may include one item or more than one item.