Terms and Conditions

1.     So long as all fees are paid up to date, the Customer: (a) is licensed to store Goods in the Unit allocated to the Customer by WGL from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent WGL the owner.

 

2.     WGL: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian nor a warehouseman of the Goods and the Customer acknowledges that WGL does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit.

 

3.     The Customer must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deductions for any unpaid Fees, repairs, cleaning or other charges to put right any breach of this Agreement by the Customer) will be refunded by cheque or electronic transfer within 21 days of expiry or termination of this Agreement.

 

4.     The Customer is responsible to pay: (a) the Storage Fee (being the amount set out in the Order Form or as most recently notified to the Customer by WGL) and is payable in advance and it is the Customer's responsibility to see that payment is made directly to WGL on time and in full throughout the period of storage. WGL does not normally bill WGL fees. Any Storage Fees paid by direct debit will not be credited to the Customer’s account unless the Customer identifies the payment clearly and as directed by WGL and WGL shall have no liability to and shall be indemnified by the Customer if WGL takes steps to enforce the Agreement (including the sale of Goods) due to the Customer’s failure to identify a payment. WGL will not accept that payment has been made until it has received cleared funds and, if a cheque or direct debit is dishonoured, may charge the Direct Debit Fail Fee; No refunds will be given for pre-paid rental payments. (b) the Cleaning Fee, to be invoiced at WGL’s discretion in circumstances described in this Agreement; (c) a Late Payment Fee each time a payment is late at 10% from the Due Date to the date of actual payment; (d) any costs incurred by WGL in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees; and (e) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where the Customer has more than one agreement with WGL, all will form one account with WGL and WGL may in its sole discretion elect to apply any payment made by or on behalf of the Customer

on this agreement against the oldest Debt due from the Customer to WGL on any agreement in the account.

 

5.     WGL takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 35, if any sum owing to WGL is not paid when due, the Customer authorises WGL without further notice to: (a) refuse the Customer and its agents access to the Goods, the Unit and the Facility and overlock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge the Customer for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, exercise a lien over and/or sell or dispose of some or all of the Goods in accordance with Condition 7. 

 

6.     The Customer acknowledges and agrees that (a) WGL shall be entitled to continue to charge storage. From the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of, WGL excludes any liability in respect of the Goods and any duty of care however it may arise; (b) WGL will be entitled to sell the Goods as if WGL was the owner and will pass all rights of ownership in the Goods to the buyer (with title being transferred to WGL in any Goods immediately prior to any sale to a buyer); and (c) if the Customer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which the Customer has received will be payable by the Customer in full.

 

7.     On expiry or termination of this Agreement, if the Customer fails to remove all Goods from the Unit, WGL is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 7 to 9. The Customer is liable for Storage Fees from the period from abandonment to the sale or disposal of the Goods (Debt).

 

8.     Before WGL sells or disposes of the Goods, it will give the Customer notice in writing directing the Customer to pay (if the Customer is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the address last notified by the Customer to WGL in writing and by email if you have elected not to receive traditional mail. If no address within the UK has been provided, WGL will use any land or email address it holds for the Customer and any ACP. If the Customer fails to pay the Debt and/or collect the Goods (as appropriate) within one month of this notice WGL will access your space and begin the process to sell or dispose of the Goods. The Customer consents to and authorises the sale or disposal of all Goods without further notice regardless of their nature or value. WGL will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. WGL may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.

 

9.     Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, the Customer must pay WGL the balance within 7 days of a written demand from WGL. Interest will be charged on the balance until payment in full has been made. WGL may take action to recover the balance and any legal and administration costs incurred in doing so shall be covered by the Customer. If sale proceeds exceed the amount due from the Customer, WGL will hold the balance for the Customer but no interest will accrue on it.

 

10.   If, in the opinion of WGL and entirely at the discretion of WGL, a defaulting Customer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the Customer authorises WGL to treat the Goods as abandoned and WGL may dispose of all Goods by any means at the Customer’s cost. WGL may dispose of the Customer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the WGL, severely damaged, of no commercial value, or dangerous to persons or property. WGL does not need the prior approval of the Customer to take this action but will send Notice to the Customer within 7 days.

 

11.   Any items left unattended in common areas or outside the Customer’s Unit at any time may at WGL’s discretion be moved, sold or disposed of immediately with no liability to WGL.

 

12.   Subject to the terms of this Agreement, the Customer can access the Unit at any time on a 24x7x365 basis using the key fob provided. WGL reserves the right to change access times to the Unit but will try to provide advance warning of any changes. The Customer is solely responsible for providing all locks/padlocks.

 

13.   Only the Customer or others authorised or accompanied by the Customer (its Agents) may access the Unit. The Customer is responsible for and liable to WGL and other users of the facility for its own actions and those of its Agents. WGL may (but is not obliged to) require proof of identity from the Customer or any other person at any time and, at WGL’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof of identity.

 

14.   WGL may refuse the Customer access to the Unit and/or the Facility where moneys are owing by the Customer to WGL, whether or not a formal demand for payment has been made, or if WGL considers the safety or security of any person, unit or goods on or at the Facility will be put at risk.

 

15.   The Customer should not leave a key fob with or permit access to the Unit to any person other than its own Agent who is responsible to the Customer and subject to its control. If the Customer does so, it does so at its own risk. At termination of this Agreement, the Customer shall return all key fobs in the Customer’s possession to WGL. If the Customer does not return all the key fobs in the Customer’s possession (or any Agent) within 48 hours of termination, WGL can deduct up to £20.00 per key fob from the Deposit. 

 

 

16.   The Customer authorises WGL and its agents and contractors to enter the Unit in the following circumstances and to break the lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; or if WGL believes the Unit is being used to store prohibited goods or for a prohibited purpose; or if WGL is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or exercise WGL’s lien or power of sale or disposal in accordance with this Agreement.

 

17.   The Customer will be solely responsible for providing a secure padlock for the Unit and ensuring it is locked so as to be secure from unauthorised entry at all times when the Customer is not in the Unit. WGL will not be responsible for locking any unlocked Unit. The Customer is not permitted to apply a padlock to the Unit in WGL’s overlocking position and WGL may have any such padlock forcefully cut off at the Customer’s expense. Where applicable, the Customer will secure the external gates and/or doors of the Facility.

 

18.   The Customer must not store (or allow any other person to store) any of the following in the Unit: (a) food or perishable goods; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained including illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person; and (i) currency; (j) jewellery; (k) furs; (l) deeds; certificates or other similar legal documents;(m) paintings; (n) curios; and (o) works of art. The Customer will be liable under Condition 28 for any breach of this Condition 17.

 

 

19.   The Customer will use the Unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to WGL or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of WGL or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the Unit unless authorised in writing by WGL; or (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Facility.

 

20.   The Customer must maintain the Unit by ensuring it is clean and in a state of good repair. The Unit will be deemed to be in a good, clean and tidy condition at the start of the storage period unless the customer can demonstrate the contrary (by photographic evidence or otherwise) within 7 days after the start of the storage period. In the event of uncleanliness of or damage to the Unit or Facility, WGL will be entitled to retain the Deposit, charge a Cleaning Fee, and/ or claim full reimbursement from the Customer of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.

 

 

21.   The Customer must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other unit users, inform WGL of any damage or defect immediately it is discovered and comply with the reasonable directions of WGL’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as WGL shall issue periodically.

 

22.   This Agreement does not confer on the Customer any right to exclusive possession of the Unit and WGL reserves the right to relocate the Customer to another Unit not smaller than the current Unit (a) by giving 14 days’ notice during which the Customer can elect to terminate their agreement under Condition 38 or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, WGL will pay the Customer’s reasonable costs of removal if approved in writing by WGL in advance of removal. If the Customer does not arrange removal by the date specified in WGL’s notice, then the Customer authorises WGL and its agents to enter Unit acting as the Customer’s agents and at the Customer’s risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 26). Following removal this agreement will be varied by substitution of the new Unit number but otherwise continues in full force and effect at the rate in force for the original Unit at the time of the removal.

 

23.   The Customer must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and is advised to inspect the Unit before storing Goods and periodically during the storage period. WGL makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard.

 

24.   WGL may refuse to permit the Customer to store any Goods or require the Customer to collect any Goods if in its opinion storage of such Goods creates a risk to the safety of any person or property.

 

25.   The Customer must give Notice to the WGL in writing of the change of address, phone numbers or email address of the Customer or the Alternate Contact Person (“ACP”) within 7 days of any change. The Customer agrees WGL is entitled to discuss any default by the Customer with the ACP registered on the front of this Agreement.

 

26.   WGL will not be liable for any loss or damages suffered by the Customer resulting from an inability to access the Facility or the Unit, regardless of the cause.

 

27.   The Goods are stored at the sole risk and responsibility of the Customer who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods, unless this is caused by WGL’s breach of contract or negligence.. 

 

28.   WGL excludes all liability in respect of loss or damage to (a) the Customer’s business, if any, including consequential loss, lost profits or business interruption; and (b) Goods, in any case, caused by fire, sprinkler leakage, lightning, explosion, earthquake, aircraft or articles dropped from them, storm, flood, bursting and/or leaking pipes, ingress of water or other liquid, moth, insect, vermin, theft accompanied by forcible and violent entry to or exit from the building or Unit, riot, strike, civil commotion, malicious damage, impact by vehicles of any kind (“the Normal Perils”), or accidental damage. 

 

29.   WGL does not exclude liability for physical injury to or the death of any person and which is a direct result of negligence or wilful default on the part of WGL, its agents and/or employees.

 

30.   It is a condition of this Agreement that the Goods remain insured by the Customer at all times while they are in storage against all Normal Perils for their Replacement Value (as set out on the Order Form). The Customer warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the Replacement Value. Whilst WGL may offer insurance cover to the Customer as set out in the Order Form, the Customer must make its own judgment as to adequacy of cover. Inspection of any insurance documents provided by the Customer to demonstrate cover does not mean WGL has approved the cover or confirmed it is sufficient.

 

31.   Subject to the express terms of this Agreement, WGL’s total  liability to the Customer for all direct loss and damage arising as a result of WGL’s breach of contract or negligence under this Agreement shall not exceed in the aggregate 150% of the Storage Fees payable by Customer. In no circumstances shall WGL be liable for any (i) loss of profits, revenue or business (whether direct or indirect) and/or (ii) any indirect, consequential or special losses. 

 

32.   The Customer will be liable for and compensate WGL for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by WGL or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by the Customer or any of its Agents or (c) enforcement of any of the terms of this Agreement.

 

 

33.   The Customer acknowledges and agrees to comply with this Agreement and all relevant laws and regulations as are or may be applicable to the use of the Unit. This includes laws relating to the material which is stored and the manner in which it is stored. Liability for any and all breach of such laws rests absolutely with the Customer, and includes any and all Liabilities resulting from such a breach.

 

34.    If WGL has reason to believe that the Customer is not complying with all relevant laws WGL may take any action it believes to be necessary, including but not limited to the action outlined in Conditions 15 and 35, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Customer’s expense. The Customer agrees that WGL may take such action at any time even though WGL could have acted earlier.

 

 

35.   In respect of circumstances outside WGL’s reasonable control, WGL shall have no liability under or be considered to be in breach of this Agreement for any delay or failure in performance of its obligations under this Agreement or any resulting loss or damage to Goods. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, WGL will not be responsible for failing to allow access to the Goods, Unit and/or the Facility so long as the circumstances continue. WGL will try to minimise any effects arising from such circumstances.

 

36.   WGL may collect information about the Customer on registration and whilst this Agreement continues, including personal data (Data). WGL processes Data in accordance with the Data Protection Act 2018 and uses it to process payments, communicate with the Customer and generally maintain the Customer’s account. WGL may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which WGL is a member. If the Customer applies for WGL’s insurance, WGL will pass Data on to the insurer, who may enter such Data onto a register of claims shared with other insurers to prevent fraudulent claims. WGL will release Data and other account details at any time if it considers in its sole discretion this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Facility, (f) if WGL considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if WGL sells or buys any business or assets, it may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of WGL’s assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that WGL holds on them and requests should be emailed or sent to the addresses on the Order Form. A small charge may be made for this service.

 

37.   If the Customer agrees, WGL will use Data for marketing and like purposes, including to provide the Customer with information on products or services provided by WGL and/or its business partners in response to requests from the Customer or if WGL believes they may be of interest. The Customer’s choice with regard to the relevant use of Data is indicated in the Order Form.

 

 

38.   Notices to be given by WGL or the Customer must be in writing and must either be delivered by hand or sent by pre-paid post. WGL may also give Notice to the Customer by SMS or email if the Customer has elected to receive correspondence this way. Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or SMS or 48 hours after posting. Notices from WGL to the Customer will be sent to the address on the Order Form or the most recent address in the United

Kingdom notified to WGL. In the event of not being able to contact the Customer at the last notified address or other contact including SMS or email, Notice is deemed to have been given to the Customer if WGL serves that Notice on the ACP as identified on the front of this Agreement at the last notified address or other contact including SMS or email of the ACP. Any notice from the Customer must be sent to the WGL at the address on the Order Form. In the event that there is more than one the Customer, Notice to or by any single the Customer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement.

 

39.   The minimum storage period is 4 weeks. Either party may terminate this Agreement by giving the other party no less than 2 weeks’ written notice, unless stated otherwise on the Order Form. 

 

40.   In the event of illegal or environmentally harmful activities on the part of the Customer or a breach of this Agreement (which, if it can be put right, the Customer has failed to put right within 14 days of notice from WGL to do so), WGL may terminate the Agreement immediately by Notice. WGL is entitled to retain from the Deposit, or make a charge for, apportioned Storage Fees if less than before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of the WGL. In the event that Goods and/or refuse are left in the Unit after the  Termination Date, Conditions 6 and 19 will apply. the Customer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to WGL up to the Termination Date, or Conditions 5 to 9 may apply. Any calculation of the outstanding fees will be by WGL. If WGL enters the Unit for any reason and there are no Goods stored in it, WGL may terminate the Agreement without giving prior Notice but will send Notice to the Customer within 7 days.

 

41.   The Customer agrees to examine the Goods carefully on removal from the Unit and must notify WGL of any loss or damage to the Goods as soon as is reasonably possible after doing so.

 

42.   Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

 

43.   WGL may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such modifications are notified to the Customer in writing and shall be effective 28 days after the date of WGL’s notice. In the event of a variation by WGL, the Customer may terminate without liability provided that it does so within 14 days of receiving the WGL notice. Otherwise, the Customer’s continued use of the Unit will be considered as acceptance of and agreement to the amended terms.

 

44.   The Customer acknowledges and agrees that: (a) the Order Form and these Standard Terms constitute the whole contract with WGL and, in entering this contract, the Customer relies upon no representations, oral or otherwise, other than those contained in this Agreement; (b) it has raised all queries relevant to its decision to enter this Agreement with WGL and WGL has, prior to the Customer entering into this Agreement, answered all such queries to the satisfaction of the Customer; (c) any matters resulting from such queries have, to the extent required by the Customer and agreed to by WGL, been reduced to writing and incorporated into the terms of this Agreement; (d) if WGL decides not to exercise or enforce any right that it has against the Customer at a particular time, then this does not prevent WGL from later deciding to exercise or enforce that right unless WGL tells the Customer in writing that WGL has waived or given up its ability to do so; (e) it is not intended that anyone other than the Customer and WGL will have any rights under this Agreement and accordingly no person other than the Customer and the FO shall have any rights arising from this Agreement; (f) if any court or competent authority decides that any of the provisions in this Agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law; (g) the Customer may not assign or transfer any of its rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility; and (h) where the Customer consists of two or more persons each person takes on the obligations under this Agreement separately.

 

45.   This Agreement shall be governed by English law and any dispute or claim arising from or relating in any way to this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.