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Terms & Conditions

These conditions explain Yours and Our rights, obligations and responsibilities under the Agreement constituted by these conditions. These conditions can be amended only by prior written agreement between You and Us. Your attention is drawn to Paragraph 8 which sets out Our liability to You for Loss or Damage to Your Property.

Definitions

For the purposes of this Agreement, the following definitions shall apply:

  • “Agreement” includes these Terms and Conditions, Our Quotation, the Order Confirmation and (where applicable) the Enhanced Liability Addendum;
  • “Contract Price” means the total price paid or payable (including, where applicable the enhanced liability Charges) by You to Us for the services provided pursuant to this Agreement;
  • an “Item” means the entire contents of a box, parcel, package, carton, case or similar Container or any other object or thing that is moved, handled or stored by Us;
  • “Storage Facility” means the building, warehouse, external storage Containers or other land or premises owned, leased or operated by Us.
  • “Enhanced Libility” means an agreement between Us where We accept a higher limit of liability in return for payment of the enhanced liability Charges and in accordance with the enhanced liability addendum and this Agreement;
  • “Replacement Value” means the current cost of replacing Your Property, allowing for age, quality, degree of use and second hand market value at the time Your Property is packed or otherwise made ready for removal and/or storage.
    • For any Property which cannot be purchased new (such as antiques or works of art, for example), the Replacement Value is the current market value of such Property; and
    • For documents, the Replacement Value shall be calculated as the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the documents.
    • We are not liable for the cost of replacing Your Property as new unless You can evidence it was brand new and unused at the time at the time Your Property is packed or otherwise made ready for removal and/or storage.
  • “Maximum Replacement Value” means the maximum sum total of the Replacement Values for Your Property at all times for the duration of this Agreement including where Our Quotation includes collection/delivery and storage of Your Property on multiple occasions or where You add or remove Your Property from storage.
  • “Property” or “Your Property” means any and/or all goods submitted for storage;
  • “We”, “Us”, “Our” means Kelly’s Storage Limited;
  • “Working Day” means Monday to Friday excluding Saturdays, Sundays and public holidays.
  • “You” or “Your” means the customer;
  • “Container” means the Container provided by Us for transit and storage of Your Property, including the transporting trailer.

1. Our Quotation

  1. Our Quotation, unless indicated otherwise, does not include customs duties, demurrage and inspections or any other fees or taxes payable to government bodies.
  2. We may change the price set out in Our Quotation or impose additional charges if circumstances apply or events occur that were not taken into account when We prepared Our Quotation. Examples include if:
    1. You do not accept the Quotation within 28 days of, or the service is not carried out or provided within 2 months of, the Quotation being given.
    2. The service is carried out outside normal working hours (i.e. outside 8.00am-4.00pm)
    3. We have to collect Your Property above the ground floor and first upper floor.
    4. The stairs, lifts of doorways are inadequate for free movement of Your Property without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for Our vehicles or the Containers to load/unload are more than 20 metres from the entrance to the premises. We reserve the right to not carry out the job if any of the above apply.
  3. There is a minimum rental charge of 4 weeks on Mobile Self Storage Services (as defined under Paragraph 3.2.1).
  4. All special offers are subject to a minimum storage term. By accepting the Quotation, You agree to pay this minimum term specified on the Quotation.

2. Additional Charges

  1. 2.1 Additional charges may also be applied under the following circumstances:
    1. If a parking fine is incurred by Us while carrying out the service. This fine may be charged direct to You together with a 10% surcharge for Our administration costs. It is Your responsibility to arrange suitable parking.
    2. If Our drivers arrive at the premises and are unable to load/unload because the keys for the premises are not available and the delay lasts for more than 20 minutes, Our driver will leave but the transport charge will be charged to You. If a future time is later arranged, there will be an additional transport charge.
    3. If a loading service is ordered, an additional charge of £50 will be added for every half hour over and above the one and a half hours per Container based on 2 men allocated.

3. Our Services

  1. We will provide the services as set out in the Quotation.
    1. So long as all fees are paid up to date: (i) We will make available to You a lockable Container for You to store Your Property; (ii) You are permitted to store Your Property in the Container allocated to You by Us from time to time and only in that Container; (iii) We will transport the Container to and from Our Storage Facility as required and per Our quoted terms; (iv) We will maintain the Storage Facility in a secure and safe condition; and (v) We will make every reasonable effort to protect Your Property from Loss or Damage while Your Property remains in the Container while it is in Our care, custody and control, subject to all terms and conditions of this Agreement.
    2. We do not grant any lease or tenancy of the Container.
    3. Where We provide Loading or Packing Services, it is Our responsibility to use all reasonable endeavours to securely pack the Property and otherwise make the Property ready for transit and/or storage.
    4. We will use all reasonable endeavours to determine the appropriate method, route and storage location (where applicable) to carry out the services. We may, at Our discretion, take into account any instructions provided by You.
  2. Mobile Self Storage Services – We will deliver the Container(s) to You or make a Container available at Our Facility for You to load. We can only leave one Container with You overnight if there is suitable parking. This service DOES NOT include:
    1. Loading or packing Your Property into boxes, dismantling or assembling unit or system furniture (flat pack) INCLUDING BEDS;
    2. Disconnecting, re-connecting, dismantling or re-assembling appliances, fixtures, fittings or equipment;
    3. Moving Your Property from a loft or doing any work that involves the use of a ladder; or
    4. Packing Your Property into boxes or other Containers, under any circumstances.
  3. Loading Services – We will deliver the Container(s) and load Property packed by You on Your behalf. This service DOES NOT include:
    1. Packing Your Property into boxes, dismantling or assembling unit or system furniture (flat pack) INCLUDING BEDS;
    2. Disconnecting, reconnecting, dismantling or re-assembling appliances, fixtures, fittings or equipment;
    3. Moving Your Property from a loft or doing any work that involves the use of a ladder; or
    4. Packing Your Property into boxes or other Containers, under any circumstances.
  4. Packing Services – We will deliver Your Container(s), pack Your Property into boxes, where applicable and load into the Container(s). Any packing materials used over those covered in Your Quotation will be added to Your first invoice.
  5. Loose Loading – In some circumstances, We may loose load Your Property into a vehicle and then load Your Property into a Container when We return to the warehouse. On redelivery of Your Property We may also unload Your Property from Your Container into a vehicle prior to the delivery. We will make You aware of this before any of Your Property is handled.

4. Your Responsibility

  1. 4.1 It is Your responsibility to:
    1. Obtain at Your own expense, all access and parking facilities reasonably required by Us to enable Us to carry out the services.
    2. Provide Us with accurate details regarding Your Property, including the volume and quantity of Your Property and to inform Us of any specific handling and/or storage requirements;
    3. Ensure suitable permission is obtained for the Container to be situated at Your nominated location and any charges or fees are paid. We accept no liability for any fines or charges or damages arising from the positioning of the Container.
    4. Inspect the Container prior to loading and inform Us if You believe it to be damaged or unsuitable for Your requirements in any way. Otherwise, the Container will be deemed to be in good condition at the commencement of the contract.
    5. When the Container is left in Your custody, You are solely responsible for securing the Container and ensuring it is locked so as to be secure from unauthorised entry at all times when You are not in the Container. We are not responsible for securing any Container left unlocked by You. Notwithstanding, where We provide Loading or Packing Services and retain custody of the Container at all times, We shall be responsible for securing the Container.
    6. Comply with all fire, safety and security precautions or instructions at the Storage Facility or while using the Container as directed by a member of Our staff.
    7. You must take all reasonable endeavours to protect the Container from damage while at Your nominated location.
    8. Inform Us immediately of any damage to the Container.
    9. Comply with the directions of Our employees or agents at Our premises and any further regulations for use of the Container, which We may issue from time to time.
    10. Empty, properly defrost and clean any refrigerators and deep freezers. We will not be responsible for their contents or any consequential losses following Your failure to comply with this Paragraph 4.1.10.
    11. Ensure that all domestic and garden appliances, including but not limited to, washing machines, dish washers, hose pipes and lawn mowers are clean and dry and have no residual fluid in them;
    12. When storing any Property that contains built-in batteries including, but not limited to, E-Scooters, E-Bikes, E-Skateboards or any similar battery-powered vehicles (see Paragraph 5.1.4), You must ensure: (a) the Property is free from visible physical defect or fault; (b) all batteries are stored with the lowest possible charge; and (c) such Property is not stacked and are stored allowing air circulation.
    13. Provide Us with a contact address for correspondence and any subsequent changes to such address throughout the period of storage of Your Property.
  2. Ensure all discrepancies are noted on the driver’s docket and signed by both Yourself and the driver. Any discrepancies reported after this time may not be accepted.
  3. Where a Loading Service and Packing Service is ordered (and in addition to Paragraph 4.1 above) You must be present during the removal of Your Property.
  4. Where a Mobile Self Storage Services is ordered (and in addition to Paragraph 4.1 above) it is Your responsibility to:
    1. Be available on the phone at all times. Our drivers will not deliver the Container(s) without speaking with You first, and You will be charged the full transport rate.
    2. Advise us 48hrs (excluding weekends) before your booking is due of any cancellations or amendments. Failure to do so may result in a cancellation charge which would be equivalent to the full, original collection charge.
  5. You must not:
    1. Use the Container or Storage Facility in a way which is or may become a nuisance to Us, Our employees, agents, or other customers
    2. Sub license, transfer assign or in any way part with the benefit of this Agreement which shall be reserved to You.
    3. Use the Container or Storage Facility as offices or living accommodation or as a home or business address
    4. Spray paint or carry out mechanical work of any kind to the Container or Storage Facility
    5. Attach anything to the walls, ceiling or floor of the Container or Storage Facility or make any alteration to the Container
    6. Cause any damage to the Container or the Storage Facility or to Our property or possessions or any other customers. If in breach of this Paragraph, You must (at Our option) repair, restore or replace such damaged items, or reimburse Our costs in making necessary repairs, restoration or replacement.
    7. Cause any obstruction or undue hindrance in any passageway, stairway service area, access area or other part of the Storage Facility
    8. We will not be liable for Loss or Damage, costs or additional charges that may arise from Your failure to comply with these responsibilities, except to the extent that such Loss or Damage results directly from Our negligence.
  6. If You fail to provide accurate contact details in accordance with Paragraph 4.1.11 and do not respond to Our notices, We may publish such notices in a public newspaper in the area to or from which the Property was moved. Such notice will be considered to have been received by You within seven (7) days after the publication date. If We are unable to contact You, We may charge You any additional costs incurred in establishing Your whereabouts.

5. Property that must not be submitted for removal or storage

  1. You agree not to submit the following items (“Excluded Items”) for storage:
    1. Vehicles of any kind;
    2. Batteries of any kind UNLESS they are built-in and cannot be removed from otherwise permitted Property (see Paragraph 5.1.4 below);
    3. Portable battery chargers, power banks or any similar portable power source;
    4. More than five (5) E-Scooters, E-Bikes, E-Skateboards or any similar vehicles with built-in batteries;
    5. perfume products, tobacco, cigars, cigarettes, beers, wines, spirits and the like.
    6. Money or currency of any kind, jewellery, watches, trinkets, precious stones or metals, deeds, securities, bullion, bonds, securities, stamps, coins or goods or collections of any similar kind;
    7. Any irreplaceable Property including, but not limited to, family photos/videos, children’s drawings/art or school work, wedding dresses and university submissions, for example (see also Paragraph 9.5.8);
    8. Furs worth in excess of £100;
    9. Mobile telephones, tablets, laptops or portable media or portable computing devices of any kind;
    10. E-cigarettes;
    11. Pornographic material;
    12. Medicines or drugs of any kind;
    13. Food or perishable items or those requiring a controlled environment;
    14. Property likely to encourage vermin or other pests or to cause infestation or contamination;
    15. Pets, livestock or any other living creatures or plants;
    16. Combustible or flammable substances such as fireworks, gas, paint, petrol, oil, cleaning solvents, aerosols, or compressed gases;
    17. Any illegal item or substances or items illegally obtained such as illicit, counterfeit or smuggled tobacco or alcohol and unlicensed or unsafe items;
    18. Property which is environmentally harmful or that are a risk to property or person;
    19. Weapons, firearms, ammunition or explosives or parts, associated accessories, materials or ingredients of all kinds;
    20. Chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances;
    21. Any item that emits fumes or odours;
    22. Any item which requires special licence or government permission for export or import.
  2. You agree to make Your own arrangements to transport or store Excluded Items – We will not, under any circumstances, transport or store Excluded Items. If You submit any Excluded Items without Our knowledge, We will not be liable for Loss or Damage to Excluded Items or where other Property is damaged by the Excluded Items.
  3. If You submit such Property without Our knowledge, We will endeavour to make them available for Your collection and if You do not collect them within a reasonable time We will dispose of such Property without notice. In addition, You will be liable to indemnify Us against any charges, expenses, damages, legal costs or penalties incurred by Us in relation to such Excluded Items. Furthermore We will not be liable to You for any damage or loss incurred or suffered by You as a result of Our disposal or destruction of such prohibited Excluded Items.

6. Ownership of Your Property

  1. 6.1 By entering into this Agreement, You guarantee that:
    1. The Property to be stored in Your Container is Your own property or the person(s) who own or have an interest in them have given You authority to store the Property in Your Container or enter into this Agreement.
    2. Notwithstanding paragraph 12.5, We will only give access to Your Container to a third party if We have confirmation in writing from You to do so.
    3. You will indemnify Us against any Loss or Damages including costs brought against or suffered by Us if Paragraph 6.1.1 is not true.

7. Payment

  1. 7.1 We will not take any payment for rental/transport or enhanced liability Charges (where applicable) until the first Working Day after Your Property is brought into storage. You will then be invoiced for any collection charges that may be due, and for the rental up until the last day of the month. You will then be invoiced on the 1st Working Day of each month, for the whole of that month in advance.
    1. Payment will be taken automatically from the payment method You gave upon booking, unless otherwise arranged. If We do not have any payment details, You will be charged a 12% irregular payment surcharge.
    2. When booking Your Property out of storage, We will generate a final account, which will charge You any transport fees that may be due, and refund any storage rental that has been overpaid.
    3. The balance will need to be settled by 3.30pm the day before any delivery can be carried out.
    4. The preferred payment method is by debit or credit card or direct debit. All other methods may be subject to a 12% surcharge.
    5. If Your account is in arrears You will not be allowed to access to Your Property until the account is cleared.
    6. If Your account falls into arrears, We will contact You immediately via email and phone. Failing to reach You after 10 days will result in a letter being sent advising You of the arrears. If payment is not received within 20 days of Your invoice date, We will notify You that Your Property is going to be sold. If We have still not received payment within 30 days of Your invoice date Your Property will be sold.

8. Our liability for Loss or Damage to Your Property

  1. We accept no liability for Your Property while loaded in a Container before Our liability commences as set out under Paragraph 8.2. It is Your responsibility to secure the Container in accordance with Paragraph 9.5.2.
  2. Our liability commences from the time:
    1. We take the Container and Your Property into Our custody for the purposes of carrying out Our Mobile Self Storage Services, including transporting the loaded Container to Our Storage Facility;
    2. We take any Property into Our custody when performing Our Loading Services; or
    3. Your Property is professionally packed by Us in accordance with Our Packing Services.
  3. Our liability ceases:
    1. When Your Property is collected from storage by You or Your Agent or when Your Container is delivered to its intended destination by Us.
    2. Where any part of Your Property is unloaded from the Container by Us, Our liability extends to cover the period of unloading but only for the Property unloaded by Us;
    3. Where Your Property is professionally unpacked by Us, Our liability extends to cover the period of professional unpacking, provided this takes place within seven (7) days of delivery of the Property to its final location.
    4. For the avoidance of doubt, where We provide Packing or Loading Services, We accept no liability for any Property loaded into the Container by You or Your Agent until We take the Container into Our custody as set out under Paragraph 8.2.1.
  4. Subject to the restrictions set out in this Paragraph 8, We shall be liable for: identifiable losses, destruction of or damage to Your Property while Your Property is in Our custody and control (defined as “Loss” or “Damage”).
  5. Restricted Liability
    1. We shall only be liable for Loss or Damage (as defined under Paragraph 8.4) caused by our negligence up to a maximum of limit of £40 per Item and £250 per Container (see Definitions), whichever is less, for any one event or series of connected events.
    2. For the avoidance of doubt, We shall have no liability for Loss or Damage unless directly caused by our negligence.
    3. We do not insure the Your Property and it is a condition of this Paragraph 8.5 that the Property remains adequately insured at all times for its Maximum Replacement Value while in storage. You warrant that such cover is in place, will not lapse and that the Maximum Replacement Value of all Property in the Container from time to time will not exceed the insured value. We do not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover. Inspection of any insurance documents provided by You to demonstrate cover does not mean We have approved the cover or confirmed it is sufficient.
  6. Enhanced Liability – Enhanced Liability Option
    1. As an alternative to Paragraph 8.5, you may opt for enhanced liability. “Enhanced Liability” means an agreement between You and us where we accept an enhanced liability for Loss or Damage in return for payment of the enhanced liability charges in accordance with the terms of the enhanced liability addendum and this Agreement.
  7. No individual employed or engaged by Us will be separately liable to You for Loss or Damage under the terms of this Agreement.

9. Exclusions of liability

  1. You agree that We will not be liable for Loss or Damage to any Excluded Item(s) (see Paragraph 5.1) or Loss or Damage to other Property caused by Excluded Item(s).
  2. Where We provide Mobile Self Storage or Loading Services:
    1. We accept no liability for Loss or Damage to Your Property which occurs during transit UNLESS such Loss or Damage is a direct consequence of collision to or overturning of the conveying vehicle, or as a result of fire, flood or theft following forcible entry to the Container.
    2. We accept no liability for breaking, scratching, denting, chipping, staining, tearing and the like as a result of inadequate packaging.
    3. If You or Your Agent have been fully or partially responsible for loading the Container, We will not be liable for Loss or Damage which is caused by failure to pack or stack Your Property in the Container properly and securely.
  3. Where We provide Packing Services:
    1. Other than as direct consequence of collision to or overturning of the conveying vehicle, or as a result of fire, flood or theft following forcible entry to the Container, We will not be liable for Loss or Damage to china, crockery, glassware and other fragile items (defined as “Fragile Items“) where they have not been both professionally packed and unpacked by Us or Our Subcontractor (defined as “Owner Packed”). Our liability for Owner Packed Fragile Items is limited to £100 per Item and £250 per Container, whichever the lesser.
    2. With the exception of Fragile Items, in the event of an accident involving an Owner Packed Item where damage would have occurred irrespective of the quality of the packing, then Our maximum liability is limited to the lesser of: £100 for the entire contents of the Item; the actual Replacement Value of the damaged Property; or £250 per Container.
    3. For loss of Owner Packed Items, Our liability is limited to a maximum of £100 per Item and £250 per Container, whichever the lesser, unless a detailed list of the contents is disclosed to and agreed by Us prior to the commence of Our Services.
    4. For the avoidance of doubt, the liability limitations noted above relate to the entire contents of the Item (as defined in Our Terms and Conditions) or the actual Replacement Value of the damaged Property whichever is less.
  4. Where the lost or damaged Item is part of a pair or set, Our liability, where it is assessed as the cost of replacement of that Item, is to be assessed as a sum equivalent to the cost of that Item in isolation, not the cost of that Item as part of a pair or set or any undamaged part of a pair or set.
  5. We accept no liability for the following:
    1. Mysterious disappearance or unexplained shortage of Your Property except as a result of theft evidenced by forcible entry to Your Container;
    2. Loss or Damage caused by the act or omission of You or Your Agents including but not limited to any failure to secure the Container the conduct of You or Your Agents in the Container or at the Storage Facility, the loading or unloading of Property into or from the Container.
    3. Loss or Damage to Your Property while located in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us;
    4. Any reduction in value or depreciation resulting from damage or subsequent repair or restoration;
    5. Loss of data records, other than the cost of blank data materials;
    6. Electrical, electronic or mechanical derangement, except where this results directly from external physical damage;
    7. Any Property confiscated, seized, removed or damaged by customs authorities or other government agencies;
    8. Any value which is purely sentimental;
    9. Any delays in transit.
    10. Any financial loss other than in respect of the Property, or any business loss, including loss of profits, loss of sales or business, loss of anticipated savings, loss of or damage to goodwill, or commercial value in the Property;
    11. Damage which results directly from Your Property being moved under Your express instructions against Our advice;
    12. Reimbursing You for Our Contract Price or enhanced liability Charges.
    13. Any other loss which is not reasonably foreseeable. Loss is foreseeable if either it is obvious that it would happen at the time the contract was entered into, or where it is not obvious but We knew that it was a risk because (a) You notified Us in writing prior to Us agreeing Our Quotation; and (b) We agreed in writing to accept liability for this risk before entering into the Agreement.
  6. We will not be liable for Loss or Damage to Your Property caused by:
    1. Moth or vermin or similar infestation;
    2. Cleaning, repairing or restoring Your Property unless We arranged for the work to be carried out;
    3. Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board;
    4. Normal wear and tear, natural or gradual deterioration, discoloration and loosening of joints;
    5. Inherent or latent defects in the Property;
    6. Leakage of liquid from any receptacle or container or thing;
    7. Mould, mildew or rust or changes in atmospheric conditions unless proven to be caused by water entering the transit vehicle or Container or unit;
    8. A cyber attack; and
    9. Circumstances beyond Our reasonable control, including but not limited to, war, invasion, acts of terrorism, activities relating to war, terrorism, acts of foreign enemies, hostilities (whether war is declared or not), rebellion, revolution or military coup, confiscation or destruction under the order of any official body, radioactivity, ionising radiations from any nuclear fuel/waste, biological or chemical weaponry, pressure waves caused by aircraft or any other events outside Our reasonable control.

10. Where Your Property is lost or damaged

  1. If You have Your own insurance in place to cover Loss or Damage to Your Property, You must recover Your losses from Your insurers in the first instance.
  2. Notwithstanding Paragraph 10.1, if You discover Loss or Damage to Your Property, it is important that You notify Us in writing as soon as possible. The sooner that You notify Us, the sooner We can establish the cause of Loss or Damage and properly investigate.
  3. You must notify Us in writing and provide a detailed description of Loss or Damage to Your Property in any event within seven (7) days of:
    1. delivery of the Container to its destination; or
    2. Completion of Our professional unpacking service.
  4. If You access Your Property while stored by Us or on Our behalf, any Loss or Damage to Your Property You discover which has occurred during transit into store must be confirmed to Us immediately upon discovery, and confirmed in writing as soon as possible thereafter, but no later than seven (7) days after discovery.
  5. If You or Your authorised representative collects Your Property from storage, You must inspect the Property at the time it is handed to You or Your Agent and notify Us immediately of Loss or Damage and in writing as soon as possible thereafter, but no later than seven (7) days after discovery. We will not be liable for Loss or Damage which is discovered after Your Property is removed from Our custody.
  6. We will not be liable for Loss or Damage to Your Property unless You notify Us of such Loss or Damage within the time limits specified above. In exceptional circumstances, We may agree to extend this time limit where You request this in writing, provided such request is received within seven (7) days of delivery or collection.
  7. We may make such enquiries as necessary to investigate the Loss or Damage to Property and You agree to co-operate with Us and Our insurers in Our enquiries, and to provide any additional relevant information without delay where We request this. Please retain any damaged Property until We have had a reasonable opportunity to inspect (if necessary) any damage.
  8. On receipt of notice of Loss or Damage to Your Property, You will be given a claim form to complete and return to Us. The following information will be required:
    10.8.1 Your name and contact details;
    10.8.2 Estimates for repairs or replacement;
    10.8.3 As many details as possible about the Loss or Damage, including photographs of any damage and also any damaged item(s) in their entirety.
  9. The settlement of any claim for Loss or Damage shall be either: replacement, repair, cleaning or compensation at Ours and Our insurer’s option, subject to the liability limit set out in Paragraph 8.5.1 or enhanced liability, where applicable. We reserve the right to collect any damaged items as salvage where the full current market value of any Property is issued in settlement of Your claim.
  10. If You do not receive a response from Us within a reasonable time, You may contact Our claims agent directly at RCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United Kingdom Tel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.
  11. If You provide Us with misleading or incorrect information relating to a claim for Loss or Damage to Your Property, or make a claim that is fraudulent, false or exaggerated, We may:
    1. reject the claim;
    2. where applicable, cancel or void the enhanced liability Addendum without refund of enhanced liability charges; and
    3. recover from You any costs We have incurred in dealing with Your claim.

11. Damage to premises or goods other than Your Property

  1. Because third party contractors are frequently present at the time of collection or delivery Our liability for Loss or Damage is limited as follows:
    1. If We cause Loss or Damage to premises or property other than Property for removal as a result of Our negligence or breach of contract, Our liability shall be limited to making good the damaged area only.
    2. If We cause damage as a result of moving Your Property under Your express instruction, against Our advice, and where to move the goods in the manner instructed is likely to cause damage, We shall not be liable.
    3. If We are responsible for causing damage to Your premises or to property other than goods submitted for removal and/or storage, You must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.

12. Access

  1. You have the right to access the Container subject to 72-hours advanced notice and the terms of this Agreement.
  2. Only You or others authorised or accompanied by You (“Your Agents”) may access the Container. You are responsible for and liable to Us and other users of the Storage Facility for Your own actions and those of Your Agents. We may (but are not obliged to) require proof of identity from You or any other person at any time and, at Our sole discretion, may refuse access to any person.
  3. We may refuse You access to the Container or the Storage Facility where moneys are owing by You to Us, whether or not a formal demand for payment has been made, or if We consider the safety or security of any person, Container or Property on or at the Storage Facility has been threatened or may be put at risk.
  4. You should not leave a key with or permit access to the Container to any person other than Your Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.
  5. You authorise Us and Our agents and contractors to enter Your Container in the following circumstances and to break any lock if reasonably necessary to gain entry:
    1. On not less than 7 days’ notice to inspect or carry out repairs or alterations to the Container or any other part of the Storage Facility;
    2. 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 to persons or damage to Our own property and to carry out Our duty to safeguard Property belonging to You or other customers;
    3. If We believe the Container is being used to store prohibited Property or Excluded Items or used for a prohibited purpose;
    4. If We are obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or
    5. To relocate the Property or exercise Our lien or power of sale or disposal in accordance with this Agreement.
  6. If You access Your Container while stored by Us or on Our behalf:
    1. It is Your responsibility to provide Us with an updated Maximum Replacement Value (if You opt for enhanced liability) as soon as possible but in any event within 10 days.
    2. You are deemed to have loaded the Container and Our liability for the remaining period of storage and delivery out of store will be restricted as set out under Paragraph 9.2.
    3. You must notify Us of Loss or Damage You discover in accordance with Paragraph 10.4.

13. Our Right to Hold Your Property and Sell or Dispose of Your Property

  1. If You fail to pay any charges due to Us under this Agreement, We may keep hold of Your Property until You have paid any outstanding and due charges. These include any charges that We may have paid out on Your behalf.
  2. Whilst We hold Your Property pursuant to Paragraph 13.1, this Agreement will continue to apply. You will pay for any charges, costs and expenses incurred by Us in connection with holding Your Property and obtaining payment from You.
  3. If You fail to pay Our charges when due, We may provide You with written notice of Our intention to sell or otherwise dispose of some or all of Your Property in order to recover the outstanding sums owed to Us. The notice will specify the relevant Property, the amount outstanding and the date on or after which We propose to sell or dispose of the Property. If the outstanding amount remains unpaid by that date, We reserve the right to sell or otherwise dispose of the Property in accordance with applicable law.
  4. You will pay for any costs incurred for the sale or disposal of Your Property. The net proceeds of any sale will be credited to Your account, subject to any deductions against other payments due to Us. Any eventual surplus will be paid to You without interest once deductions have been applied. If the proceeds of sale do not cover the amount of the outstanding charges, We may seek to recover the balance from You.

14. Storage

  1. We retain the right to keep Your Container at any suitable warehouse of Our choice at Our convenience.

15. Your forwarding address

  1. If You send goods to be stored, You must provide an address for correspondence and notify Us if it changes. All correspondence and notices will be considered to have been received by You seven days after sending it to Your last address recorded by Us.
  2. If You do not provide an address and/or do not respond to Our correspondence or notices, We may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by You seven days after the publication date of the newspaper. Note: If We are unable to contact You, We will charge You any costs incurred in establishing Your whereabouts.

16. Termination and Cancellation

  1. Charges if You postpone or cancel: If You postpone or cancel the services detailed in this Agreement at any time prior to commencement of the services, You agree to pay the charges set out below according to how much notice You give Us:
    1. More than 10 Working Days before the Services are due to start – no charge.
    2. Between 5 to 10 Working Days inclusive before the Services are due to start – no more than 30% of the Contract Price;
    3. Less than 5 Working Days before the Services are due to start – no more than 60% of the Contract Price; and
    4. On the day Services are due to start – Contract Price.
    5. Where payment has already been made for the services, We will refund any amount paid by You (subject to any deductions for cancellation or postponement charges as set out in Paragraphs 16.1.1 to 16.1.4).
  2. We may terminate this Agreement by giving You three (3) months’ notice in writing. Where We terminate this Agreement, We will refund to You any charges paid in advance (subject to any deductions for services already received up until termination).
  3. If You wish to terminate Your storage services after they have commenced, You must give Us at least ten (10) Working Days’ notice in writing. If We can release Your Property from storage earlier, We will do so, provided that Your account is paid up to date. Charges for storage are payable to the date when the notice of termination takes effect.

17. How We may use Your personal data

17.1.1 In the performance of the services, We will need to collect and use certain personal data about You.
17.1.2 For further details on how We process, manage and use Your personal data, please refer to Our privacy policy.

18. The law and how Your complaints are resolved

18.1 This Agreement is governed by English law and You can bring legal proceedings in the event of any dispute concerning this Agreement in the English courts.
18.2 If there is a dispute arising from this Agreement which cannot be resolved informally between Us, subject to the Agreement of both parties, either You or We may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice Your right to commence legal proceedings in court.

19. Our rights to change terms and charges

19.1 We review Our storage charges periodically. You will be given twenty eight (28) days notice in writing of any increases.
19.2 We may update this Agreement (including any Addendum) from time to time to reflect changes in law, or to meet regulatory requirements. We may also make other changes to this Agreement and where these are more substantive, We will give You at least twenty eight (28) days written notice before any substantive changes take effect.
19.3 Where such notice is given under Paragraph 19.1, You also have the right to cancel this Agreement within the 28 day notice period provided services have not started and Paragraph 16.1 (Charges if You postpone or cancel) will not apply.

20. Other important terms

20.1 We reserve the right to use sub-contractors to carry out the services (in whole or in part). This Agreement will apply to any services carried out by Our sub-contractors.
20.2 Even if We delay in enforcing this Agreement, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this Agreement, or if We delay in taking steps against You in respect of Your breaching this Agreement, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
20.3 If a court or relevant authority finds any part of this Agreement invalid, illegal or unenforceable: the rest will continue in force; each of the Paragraphs or part-Paragraphs in these Terms and Conditions operates separately; and the remaining Paragraphs and part-Paragraphs will remain in full force and effect.
20.4 This Agreement is between You and Us. No other person shall have any rights under this Agreement or have the ability to enforce any of its terms.

21. Cooling-off Period.

21.1 If We agree the services by means of distance communication (e.g. over the telephone or online) or away from Our premises (e.g. Your house or business address), You have the right to cancel the contract within 14 days without having to give any reason for doing so (the “cooling-off” period). However, if You request for the services to be carried out during the cooling-off period, You will have no right to cancel where the services have commenced.
21.2 If You cancel the services during the cooling-off period, and the services have started, You must pay the Contract Price.
21.3 Exercising Your right to change mind: You can cancel this Agreement during the cooling-off period by making any clear statement to Us that You wish to cancel by writing to Us at inbox@kellystorage.co.uk or Kelly’s Storage Ltd. Westfield Road, Slyfield Industrial Estate, Guildford, Surrey, GU1 1SB.
21.4 Refunds on cancellation: We will make any refund due to You for exercising Your right to cancel during the cooling-off period (subject to any deductions due to Us in accordance with Paragraphs 16.1 and 21.2) within 14 days from the day after You notify Us that You wish to cancel. We will make any refund using the same method of payment You used to pay Us.

Enhanced Liability Addendum

Please take the time to read the detailed terms in the table below. In particular, We draw Your attention to ‘Exclusions – what enhanced liability does not provide for’ as this includes terms where We limit or exclude Our liability to You in certain circumstances.

Note: “Enhanced liability” means an agreement to accept an enhanced liability for Loss or Damage to Your Property as described in this Addendum. Enhanced liability is not a contract of insurance. We are not an insurance company, nor are We acting as Your Agent. We shall not arrange insurance in Your name. We assume the risk of liability ourselves, but We may at Our option arrange insurance ourselves which provides cover for Our liability to You in certain circumstances.

Enhanced liability may not be available in certain circumstances, and We reserve the right to decline at Our sole discretion where You have indicated that You wish to opt for enhanced liability.

Detailed terms

Enhanced liability – What do I receive?

·    In return for payment of the enhanced liability charges, We agree to accept an enhanced liability for Loss or Damage to Your Property and Paragraph 8.5 of Our Terms and Conditions will not apply.

·    Instead, We accept liability for Loss or Damage (as defined in Paragraph 8.4) to Your Property following a breach of Our Duty of Care up to a maximum of (i) the Maximum Replacement Value; or (ii) the actual value of Your Property either lost or damaged (whichever is less), taking into account any Proportional Reduction(see definition below), and subject to certain exclusions (see ‘Exclusions – what enhanced liability does not provide for’).

·    Our liability to You under enhanced liability for Loss or Damage to Your Property is to be assessed as a sum equivalent to the cost of (a) repair or cleaning or (b) the Replacement Value (as defined in Our Terms and Conditions), whichever is the smaller sum.

·    If You opt for enhanced liability, You are no longer obligated to arrange insurance for Your Property (per Paragraph 8.5.2 of Our Terms and Conditions).

·    If you submit a claim, additional claims processing administration charges apply. We will deduct a £50 charge from any settlement awarded to You to cover Our administration costs (“Claims Admin Fee”).

Our Duty of Care under enhanced liability

Our liability in relation to the Goods under enhanced liability shall be that of a reasonably careful person under like circumstances. We shall not be liable for any Loss or Damage to the Goods, however caused, while the Goods remain in the Unit or under Our care, custody or control, unless such Loss or Damage resulted from Our failure to exercise such care in relation to the Goods as a reasonably careful person would exercise under like circumstances, and We will not be liable for damages which could not have been avoided by the exercise of such care.

Enhanced liability – Your Responsibility

To opt for enhanced liability, it is Your responsibility to provide Us with Your Maximum Replacement Value to indicate You wish to opt for enhanced liability.

You must notify Us in writing of any change to the Maximum Replacement Value prior to Your Property being packed, collected or otherwise made ready for transit and/or storage. If You do not notify Us otherwise, We will assume that the Maximum Replacement Value last provided to Us in writing is accurate.

Our Maximum Liability

We will have no liability under any circumstances for Loss or Damage to Your Property over and above the Maximum Replacement Value (or the actual value of Your Property either lost or damaged if this is less than the Maximum Replacement Value).

Proportional Reduction

If the Maximum Replacement Value You provide is less than the actual total Replacement Value of all of Your Property at the time of Loss or Damage, then Our liability will be reduced to reflect the proportion that Your Maximum Replacement Value bears to the actual total Replacement Value (“Proportional Reduction”). 

(For example: if the total Replacement Value of Your Property is £10,000, but You have declared a Maximum Replacement Value of £5,000, Our liability will be reduced by 50%. So, if £3,000 worth of Your Property is lost or damaged, Our liability would be £1,500.)

General Exclusions and Limitations

We exclude and limit certain types of Loss or Damage, as set out in Paragraph 9 of Our Terms and Conditions. Please read these exclusions and limitations carefully – they apply whether or not You opt for enhanced liability.

There may also be circumstances where Excluded Items (Paragraph 5.1) are moved or stored by Us without Our knowledge. Where You submit Excluded Items in breach of this Agreement, You agree that You will bear the risk of Loss or Damage to such Excluded Items and any connected consequential losses incurred by You or Us (Paragraph 5.2).

Why we restrict our liability

In certain circumstances, We limit or exclude Our liability for Loss or Damage to Your Property. We do this because it is not always clear how the damage was caused or who caused the damage (e.g. where Property is not securely packed by You and this results in damage). We exclude liability for Fragile Items not packed by Us as We strongly recommend this type of Property is professionally packed to reduce the possibility of damage.

We also cannot accept liability for Loss or Damage which could not have been reasonably avoided. Please be reminded that enhanced liability is not a contract of insurance and You have the option to arrange Your own insurance separately.

Our Agreement

Our standard Agreement applies, save for, if You opt for enhanced liability: (a) Our agreement to accept a broader liability as described above (so, the limit in Paragraph 8.5.1 is replaced by the Maximum Replacement Value (taking into account and Proportional Reduction) and our Duty of Care in respect of Your Property is as set out above); and (b) the requirement to insure Your Property in Paragraph 8.5.2 of Our Agreement becomes an option instead of a requirement.

Enhanced liability Charges

Additional charges may apply for enhanced liability where the actual Maximum Replacement Value exceeds £25,000. We may also choose not to accept a higher limit of liability under enhanced liability where the Maximum Replacement Value exceeds £25,000.

We will tell You whether We can accept a higher limit of liability under enhanced liability and what additional charges may apply when You provide Us with Your Maximum Replacement Value. Unless and until We agree on any additional charges payable, You will not be able to benefit from enhanced liability.

Failure to pay enhanced liability Charges

If You fail to pay the enhanced liability charges in full on the due date for payment (Paragraph 7), You will not benefit from the higher limit of liability under enhanced liability and Our liability to You will, instead, be restricted to Loss or Damage caused by negligence only and limited to a maximum of £40 per Item and £250 per Container in accordance with Paragraph 8.5.1. At Our sole discretion, We may choose to reinstate enhanced liability on payment of any overdue or outstanding enhanced liability Charges, unless any Loss or Damage to Your Property has already occurred prior to payment of such charges.

 

 

Termination /Cancellation

·    You have the right to cancel enhanced liability by giving Us written notice prior to the services commencing. You may not cancel enhanced liability once services have commenced, except where Your Property is being placed into storage for more than one (1) month, in which case, You must give Us notice in writing prior to removal of Your Property from storage. You can provide notice by emailing Us at inbox@kellystorage.co.uk or by writing to Us at Kelly’s Storage Ltd. Westfield Road, Slyfield Industrial Estate, Guildford, Surrey, GU1 1SB.

·    If You cancel enhanced liability prior to the services commencing, We will refund to You all enhanced liability Charges paid by You.

·    If Your Property is in storage, and You give Us notice to cancel enhanced liability prior to removal of Your Property from storage, We will refund to You any enhanced liability Charges that You have paid in advance for enhanced liability in respect of the period after cancellation (e.g. from the date that We receive Your notice to cancel).

·    We may cancel Your right to benefit from enhanced liability and terminate this Addendum at any time by giving You thirty (30) days’ notice in writing, except where it terminates or lapses prior to expiry of the notice period because You failed to make payments in accordance with this Agreement.

·    Where We cancel or terminate this Addendum, We will refund to You all enhanced liability charges paid by You in advance in respect of the period after cancellation (e.g. from the date We notify You of cancellation);

·    You have the right to cancel the services (prior to commencement) or storage with immediate effect but subject to Paragraph 16 of Our Terms and Conditions.