Terms & Conditions

URBAN SPACEMAN STORAGE TERMS AND CONDITIONS

This is a legal Agreement made between Formex Archive Services Limited, a company registered in England under number 02781820 with its registered office at Unit 1 Aberavon Road, Baglan Industrial Estate, Baglan, Port Talbot SA12 7DJ (trading as Urban Spaceman Storage - USS), and you, the person who wishes to use the Service and who enters into this Agreement by accepting these terms and conditions (you and your).

Interpretation
1. In these Terms of Service, the following words have the following meaning:
  "Agreement" means the Agreement entered into by you and USS for the provision of the Service on these Terms of Service;"Box" means the storage boxes USS supplies and delivers to you for packing and subsequent storage of your Goods;
  "Business Day" means a day (other than a Saturday or a Sunday or a Bank Holiday) on which commercial banks are open for business in the City of London;
  "Goods" means the items which you pack into Boxes for storage by USS;
  "Service" means the collection, storage and return services referred to in clause 2.
2. Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.
3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
5. Words in the singular shall include the plural and vice versa.
6. A reference to one gender shall include a reference to the other genders.
7. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
8. A reference to writing or written includes faxes but not e-mail.
9. References to clauses and schedules are to the clauses and schedules of this Agreement; references to paragraphs are to paragraphs of the relevant schedule to this Agreement.
The Service
1. Subject to the payment of the charges, USS shall provide the Service to you including the following:
  1. the delivery of one or more empty Boxes to your specified delivery address;
  2. collection of the Boxes packed with your Goods from your specified delivery address and transportation to USS’s premises for storage; All deliveries and collection will be, to and from the threshold of your accommodation or property.
  3. storage of the Boxes at USS’s premises;
  4. insurance of up to £100 per box in respect of the Goods whilst they are in storage; and
  5. return of the Boxes packed with your Goods to your specified return address.
2. USS will not deliver or return Boxes to an address outside of the UK unless USS agrees to do so in writing.
3. Times given for delivery, collection or return are estimates only and USS shall not be liable for any delay in delivery, collection or return. Time is not of the essence in the provision of the Services unless expressly agreed in writing by USS.
4. USS (or its carrier or sub-contractors) may cancel or postpone any delivery, collection or return where USS (or its carrier or sub-contractors) considers that the provision of the Service may endanger any employee, agent or contractor or any third party including without limitation members of the general public due to (including but not limited to) severe weather conditions or by reason of USS having limited access to your specified delivery address. USS, and its carrier, reserves the right to refuse to collect any Box if it is reasonably considered that the Goods have not been securely packed within the Box.
5. USS may refuse to store any Goods, or may return to you any Goods, at your cost, at any time, if, in USS's reasonable opinion, the storage, or continued storage, of the Goods would represent a risk to the safety of any person, the security of the storage site, or any other goods stored at the storage site.
6. USS will not be responsible for:
  1. packing or removing Goods from Boxes;
  2. dismantling or assembling any Goods; or
  3. disconnecting, reconnecting, dismantling or reassembling any Goods including without limitation appliances, fixtures, fittings or equipment.
7. USS will provide the Service with reasonable care and skill. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the extent permitted by law.
Charges and payment
1. You shall pay to USS charges for the Service at USS's standard rates from time to time. All charges are inclusive of VAT. If the rate of VAT changes, USS reserves the right to adjust the VAT you pay on the charges from the date the change takes effect. USS's charges are payable by credit card, debit card monthly in advance as follows:
  1. charges for the first month's storage, will be payable in advance of the collection of the Boxes by (or on behalf of) USS from you;
  2. charges for subsequent months will be payable on each month’s anniversary of the date of collection of the Boxes;
  3. the full month's charges for the month's storage in which the provision of the storage of the Boxes ends and the Boxes returned to you, are payable for the full month; and
  4. charges for return from storage and/or redelivery upon receipt of your request to do so (but in all events, prior to the date of return and/or redelivery). Please refer to our website www.urbanspacemanstorage.net for further information.
2. USS may charge £10 administration fee to cover USS's costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to USS.
3. USS reserves the right to charge a £5.50 fee per box if an offensive item need to be removed from boxes. Such items may include but are not limited to: Food and Drinks, liquids and any item deemed detrimental to the health of USS staff or deemed to be likely to cause damage to other property.
4. If payment of the charges and any other amounts payable are not received by the due date, USS may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 6) charge interest on the outstanding amount at the rate of 4% per annum above the base lending rate of the Bank of England from time to time.
5. USS may review the charges from time to time and will provide at least 30 days' written notice in writing of any increase to the charges and give you the opportunity to terminate this Agreement in accordance with clause 9.1.
6. Additional charges may be applied at USS's sole discretion if:
  1. you or someone authorised by you are/is not available at the premises at the specified delivery, collection or return time;
  2. USS (or its carrier service) is unable to access your premises to deliver or collect Boxes;
  3. delivery, collection or return of the Boxes takes over 15 minutes to complete from arrival at your address through no fault of USS (or its carrier);
  4. you request that collection or return of the Boxes be carried out outside of normal working hours (being 9.00am to 4.00pm on a Business Day);
  5. Boxes supplied by USS are not collected for storage to USS within two weeks of delivery of the Boxes. For the avoidance of doubt, once charges for one complete month's storage (or the Boxes if this clause 3.5.5 applies) have been paid by you, the ownership of the collected Boxes will be transferred to you.
Your responsibilities
1. You will be responsible for:
  1. (notwithstanding clause 2.1.4) ensuring that the Goods are adequately insured against the risks implicit in the transportation and storage contemplated by the terms of this Agreement and the Services including without limitation, damage, destruction, loss and theft;
  2. obtaining and ensuring that USS or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
  3. being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the Boxes;
  4. providing USS with your contact details and ensuring that these are accurate and up-to-date;
  5. ensuring that the Goods have been securely packed into the Boxes and so as not to cause damage or injury or the likelihood of damage or injury to USS's property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise;
  6. inspection and informing USS within 48 hours of any damage to the Goods or your property that occurred during delivery, collection, or return by USS (or its carriers or sub-contractors);
  7. ensuring that the Boxes do not exceed the maximum weight limit of 23kg. Boxes exceeding this weight will incur an additional handling charge and may be split into new boxes to minimise the weight. Our drivers have the discretion to accept or not accept the items over 23kg.
  8. that the Boxes do not contain (without limitation) antiques (breakable and fragile), perishable goods, birds, fish, animals or any other living creature, arms or ammunition, any item which emits noises, fumes, smell or odour, bullion (including without limitation gold and silver), jewellery, currency, ivory, precious metals or stones, any drugs, illegal substances or goods illegally obtained, combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous nature, any other toxic, flammable or hazardous goods, any other items, the possession or storage of which contravene in any way the laws of England or any other applicable regulations; and
  9. ensuring that you have a record of the Goods contained within the Boxes at the time of collection, including without limitation photographic images demonstrating the Goods condition and appearance including any existing damage, flaws or other existing defects.
  10. You must not:
    1. use the Service in any way that is unlawful, illegal or fraudulent, or for any illegal or unlawful or fraudulent purpose or effect;
    2. sub-license, resell or offer in any manner, to a third party, the Service or use of or access to the Service, whether for commercial gain or otherwise without USS's express written consent; or
    3. attempt to interfere with or disrupt the Service.
The Goods
1. You warrant that the Goods are your own property or that you have the right and authority to store the Goods in accordance with this Agreement.
2. USS does not warrant that the storage facility used by USS is a suitable place or means of storage for any particular goods.
3. USS reserves the right for itself and/or its contractors to open the Boxes and inspect the Goods at any time without notifying you:
  1. if USS reasonably believes that they may contain any items described in clause 4.1.8;
  2. if USS is required to do so by the police, fire services, local authority or by court order;
  3. where USS considers it necessary in an emergency or to prevent injury or damage to persons or property.
Right of Lien and to Sell or Dispose of Goods
1. If you do not pay the charges or any other payments due under this Agreement, notwithstanding and without prejudice to its rights accrued under this Agreement, in contract, common law, tort or otherwise, USS shall have the right to withhold and ultimately dispose of some or all of the Goods in accordance with this clause 6. You will be responsible for all storage charges and other associated costs reasonably incurred by USS while withholding or disposing of the Goods.
2. USS will provide you with 30 days written notice requiring you to pay all amounts due and contact USS to arrange for return of the Boxes. If, upon the expiration of the 30 day notice period you have failed to pay all of the amounts due, USS may dispose of some or all of the Goods by sale or otherwise.
3. If in USS's reasonable opinion the Goods cannot be sold for a reasonable price or at all (for any reason) or despite USS's reasonable efforts they remain unsold, you authorise USS to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
4. You shall be responsible for all costs reasonably incurred by USS in relation to the disposal of the Goods. If USS receives money on disposal of the Goods the net proceeds of sale will be credited to your account and USS will pay any excess to you without interest, and after deduction of USS's reasonably incurred costs of effecting the sale of the Goods.
5. If, after having made all reasonable efforts to do so, USS is unable to return any excess to you, including having given not less then 90 days' written notice to you in accordance with clause 17, USS may retain any such excess for its own account.
6. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due under this Agreement and the costs of sale, you must pay any balance outstanding to USS within seven days of a written demand from USS. Interest will continue to accrue on any remaining balance under clause 3.3 until it is paid in full.
LIMITS OF LIABILITY
1. Nothing in these Terms of Service excludes or limits USS's liability for death or personal injury caused by USS's negligence, fraud or fraudulent misrepresentation.
2. USS'S TOTAL LIABILITY FOR THE SERVICE OR ANY BREACH OF THIS AGREEMENT OR FOR ANY NEGLIGENCE (INCLUDING LOSS OR DAMAGE DURING COLLECTION, RETURN OR STORAGE) SHALL NOT IN ANY EVENT EXCEED THE CHARGES PAID FOR THE SERVICES IN THE 6 MONTHS PRIOR TO ANY SUCH BREACH OR NEGLIGENT EVENT.
3. USS SHALL NOT IN ANY EVENT BE RESPONSIBLE FOR:
  1. LOSS OR DAMAGE WHICH DOES NOT ARISE AS A DIRECT CONSEQUENCE OF ANY BREACH OF THIS AGREEMENT BY USS OR ANY DELIBERATE OR NEGLIGENT ACT OR OMISSION ON THE PART OF USS, ITS CARRIERS OR ITS SUB-CONTRACTORS; OR
    1. LOSS OF INCOME OR REVENUE; OR
    2. LOSS OF BUSINESS; OR
    3. LOSS OF PROFITS OR CONTRACTS; OR
    4. LOSS OF ANTICIPATED SAVINGS; OR
    5. LOSS OF DATA; OR
    6. LOSS OF GOODWILL; OR
  2. WASTED MANAGEMENT OR OFFICE TIME; OR
  3. LOSS OR DAMAGE WHICH WAS NOT REASONABLY FORESEEABLE AT THE DATE OF ENTERING INTO THIS AGREEMENT, REGARDLESS AS TO HOW SUCH LOSS OR DAMAGE WAS CAUSED; OR
  4. ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT OTHERWISE EXCLUDED.
Right to Cancel
1. You have the right to change your mind and cancel this Agreement within 7 Business Days of making this Agreement. If you wish to cancel within the 7 Business Days, you must notify USS in writing in accordance with clause 17. However, if you request delivery of USS's Boxes and request collection of your Boxes on a date which is before this cancellation period expires, then the Service will have commenced on that date and you shall then no longer have the right of cancellation.
Termination
1. You may terminate this Agreement at any time by requesting the return of your Boxes packed with your Goods and paying any outstanding charges due to USS along with the balance of the charges for storage for the month of termination in accordance with clause 3.1.3.
2. USS may terminate this Agreement with immediate effect by notice in writing to you, if:
  1. you fail to pay any amount due, including any accrued interest, by the date due; or
  2. you are in breach of any terms of this Agreement.
3. USS may terminate this Agreement for any reason by giving you not less than 30 days written notice.
4. Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement without liability to the other if:
  1. the other party commits a material breach of any of the terms of this Agreement 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
  2. an order is made, or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order in relation to the other party; or
  3. an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
  4. a receiver is appointed of any of the other party's assets or undertakings, or if circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's assets; or
  5. the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
  6. the other party ceases, or threatens to cease, to trade; or
  7. there is a change of control of the other party within the meaning of section 840 of the Income and Corporation Taxes Act 1988; or
  8. the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.
5. On termination of this Agreement for any reason:
  1. FOLLOWING THE EXPIRY OF THE PERIOD PRESCRIBED BY CLAUSE 6.3, USS MAY DESTROY OR OTHERWISE DISPOSE OF ANY OF THE GOODS IN ITS POSSESSION WITHOUT ANY LIABILITY TO USS AS A RESULT OF SUCH DESTRUCTION OR DISPOSAL; and
  2. the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
6. Upon termination of this Agreement for any reason you must contact USS promptly to arrange for the return of the Boxes. If within 30 days following termination of this Agreement for any reason you fail to arrange for the return of the Boxes, then USS may dispose of the Goods in accordance with the provisions of clause 6.
Force Majeure
1. USS shall have no liability to you under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of USS or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, solar activity or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
Waiver
1. A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
2. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
Severance
1. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Entire Agreement
1. This Agreement, and any documents referred to in it, constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or Agreement between them relating to the subject matter they cover.
2. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
Assignment
1. You shall not, without the prior written consent of USS, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
2. USS may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
No Partnership or Agency
1. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Third Party Rights
1. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Notices
1. Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes.
2. A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by fax shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).
Governing Law and Jurisdiction
1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.
2. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

JUNE 2018