Terms & Conditions

1. DEFINITIONS

1.1 The Hire Schedule forms part of this Agreement, and the words and expressions in column 1 of the Hire Schedule have the specific meanings attributed to them in column 2 of the Hire Schedule.

1.2 The following shall apply:-

This Agreement - means the Hire Schedule signed by the Customer and these Terms, and if there shall be any difference between the two, these Terms shall prevail.

Customers Agent - means the Customers employees, agents, servants, officers and invitees and anyone on the Site or using the Unit with the express or implied authority of the Customer.

Losses - includes (but not limited to) any loss, damage, demand or liability (civil or criminal) suffered and  legal fees and all other costs incurred and whether the Losses arise directly or indirectly from the act, omission or other thing giving rise to the liability.

Terminating Event -  means any event specified in Clause 6.2.2.

Termination Notice -  means written notice terminating this Agreement served by one party on the other and (unless served under Clause 6.2.2) shall not be served before the end of the mMinimum Hire Period and shall not be less than 7 days (exclusive of the period of service pursuant to Clause 8).

Working Day - means any day from Monday to Friday (both days inclusive) that is not Christmas Day or any statutory holiday in England.



2. PAYMENT.

2.1 Payment of the Hire Fee is due on the Payment Date without the issue of an invoice and nothing in this Agreement or the practice of the parties shall oblige the Company to issue an invoice.

2.2 If the Hire Fee is not paid on the Payment Date the Company has the right to charge the Customer interest on any amount outstanding from the date it was due until the date of payment (both dates inclusive).

2.3 If the Hire Fee is not paid within 5 days of the Payment Date, the Company has the right to change locks on and refuse the Customer access to the Unit together with the contents of the Unit, until such time as all payments due to the Company (including interest) have been received.

2.4 A payment is only to be treated as paid or received when it is a cleared fund in the Companys bank account.

2.5 The Hire Fee and all other sums due to the Company under this Agreement shall be paid in full without deduction or set-off.


3. WARRANTIES AND INDEMNITY

3.1 The Customer confirms and warrants:

(a) It is either the owner or the authorised agent of the the owner of the Goods and that it is authorised to accept and does accept Terms not only for itself but also as an agent for and on behalf of all other persons who are or may become interested in the Goods.
(b) The Goods are free of any lien or other encumbrance.
(c) Goods stored in the Unit will be securely and properly packed and in such condition as not to cause damage or injury or the likelihood of damage or injury to the property of the Company or any third part whether by spreading of damp, infestation, leakage or the escape of fumes or substances or for any reason  whatever.
(d) None of the Goods are or will be dangerous, noxious, inflammable, perishable, hazardous, offensive, harmful to human health or the environment, illegal or brought or retained on the Site in breach of any statute, statutory instrument, bye law, code of practise, or common law and that no liability (either civil or  criminal) will attach to the Company by reason of Goods being on the Site.
(e) None of the Goods has a value in excess of £1,000.00 per tonne weight.

3.2 The Customer agrees to indemnify and keep indemnified the Company (and its employees, servants, agents  and officers) against all Losses incurred or sustained by it or them by reason of or arising out of or in connection with:-

(a) Any dispute as to the ownership or title of the Goods and/or who is the person entitled in law to possession of the Goods, and
(b) Any act or omission of the Customer or the Customers Agents, and
(c) The breach by the Customer or the Customers Agents of any of the terms or conditions of this Agreement whether express or implied.

4. CUSTOMERS OBLIGATIONS

The Customer undertakes with the Company that it will during the currency of this Agreement:

4.1.1 Maintain the interior of the Unit so that it is (fair wear and tear accepted) in the same condition it was at the Hire Start Date.

4.1.2 Not move the Unit.

4.1.3 Not damage or alter the Unit.

4.1.4 Make good all damage caused to the Unit by the Customer or the Customers Agents. If in the Companys reasonable opinion damage to the Unit is beyond economic repair to pay the Company a sum equal to the cost of replacing the Unit as new. If it is not possible to replace the Unit with new unit of the same type and specification, the Customer will pay the Company a sum equal to the cost of a new unit as near as reasonably possible to the Unit.

4.2 Not bring onto the Site any Goods:-

• Unless the Customer is the lawful owner of the Goods or is the duly appointed agent of the lawful owner for the purpose of bringing and (if applicable) retaining the Goods on Site.
• Which are harmful to human health and/or the environment.
• Which for any reason it is illegal to bring on to or keep on the Site.
• Which do or may cause a nuisance or annoyance to or cause damage to the Company or other users of the Site.
• Which are dangerous, noxious, inflammable, perishable, hazardous or offensive.

4.3.1 Make all payments due to the Company under this Agreement in accordance with the provisions of this Agreement.

4.3.2 Pay any VAT due on any payment payment due to the Company under this Agreement.

4.3.3 Not withhold from any sum due to the Company under this Agreement any money, which the Customer claims, is
due or owing to it from the Company

4.4 Not use the Unit for any:-

• Illegal or immoral purpose.

• Purpose which subjects the Unit (or any part of it) to any load or stress above that which it can bear with a due margin of safety.

• Purpose for which it was not expressly designed.

4.5 Not transfer the benefit of this Agreement or permit any third party to use or have the benefit of the Unit.

4.6 Not damage, alter, maim, add to or deface the Unit or allow the interior of the Unit to fall into disrepair.

4.7 Maintain all insurance for the Goods and Public Liability as shall be necessary given the Customers use of  the
Unit.

4.8 Not display, attach, erect, paint, write or exhibit any sign, advertisement, writing or lettering on the Unit.

4.9 Use the Unit for storage purposes only and (without prejudice to the generality of the foregoing) not to use the Unit as or for the purpose of:-

• A workshop;
• An office;
• For the sale of anything;
• For living or sleeping accommodation.

Or use the Unit in any way which affects the Units status as a personal chattel.

4.10 Permit the Company or its authorised agents at all reasonable times to inspect the Unit including the interior of the Unit and to make arrangements to move any Goods stored in the Unit as the Company shall reasonable request in
order to assist in such inspection.

4.11 Immediately notify the Company of:

• Any change in the Customers address
• Any defect in the Unit
• Any defect to any part of the Site, which is likely to affect the use and enjoyment of the Unit or the safety of those using the Unit with a due margin of safety.
• Purpose for which it was not expressly designed.

4.12.1 Co-operate in moving the Unit to such a position on the Site as the Company may from time to time require.

4.12.2 Co-operate in moving the unit from the Site to such other site reasonably proximate to the Site and which offers reasonably similar security and facilities to those offered by the Site (the Substituted Site). Provided that the Company shall not require this without first giving the Customer at least 7 days prior notice.

4.13 Comply with such reasonable regulations governing the use of the Unit and the Site as the Company shall from time to time make and give the Customer due notice.

5. THE COMPANYS OBLIGATIONS

If the Customer complies with all of the terms of this Agreement (other than those intended to be performed by    
another party) the Company will maintain the exterior of the Unit so as to keep it weather proof.

6. TERMINATION OF AGREEMENT

6.1 If the Customer does not remove the Goods at the end of the Minimum Hire Period the hire shall continue on the
terms of this Agreement until ended by:-

(a) A Terminating Event or
(b) By either party serving on the other a Termination Notice upon the expiry of which this Agreement will end 
but any claim which either party may have against the other, for any existing breach of  Agreement, will     
remain.

6.2.1 If a Terminating Event occurs the hire constituted by this Agreement will automatically end (unless with full knowledge of the relevant Terminating Event the Company confirms that it waives the Terminating Event) but any claim which
the Company may have against the Customer for any existing breach of this Agreement will remain.

6.2.2 A Terminating Event is:-

(a) Any payment due from a  Customer to the Company remaining unpaid for 14 days;

(b) A failure by the Customer to perform its obligations under this Agreement;

(c) The Customer if an individual (and any one of them if the Customer is more than one person):-

• Dies, or
• Proposes or enters an arrangement or composition for the benefit of creditors; or
• Is the subject of any distress, execution, sequestration, or other process levied upon or enforced against
any part of the Customers undertaking, property, assets or revenues; or
• Is the subject of a bankruptcy petition or has a bankruptcy order made against him; or
• Has no reasonable prospect of being able to pay his debts as they fall due.

(d) The Customer (if a company):-

• Is the subject of a petition presented, an order made, a resolution passed, or analgous proceedings taken
for appointing an administrator of or winding up the company (either than for amalgamation or          
reconstruction of a solvent company); or
• Stops payment or agrees to declare a moratorium or becomes or is deemed to be insolvent or is unable to
pay its debts when they fall due; or
• Has a notice relating to striking off published pursuant to section 652 of the Companies Act 1985; or
• An encumbrance takes possession of exercises or attempts to exercise any power of sale or a receiver is
appointed of the undertaking assets or revenues of the Customer.

6.2.3 Upon the ending of this Agreement (however ending) the Customer will immediately:-

(a) Remove all goods from the Unit;

(b) Put the Unit in the state of repair it should be under this Agreement;

(c) Return all keys and swipe cards and similar items relating to the Unit and Site; and

(d) Pay all monies then due to the Company from the Customer (including any Interest due).

6.2.4.1 Until the Customer (or if the Customer shall have died the Customers Personal Representatives) has complied
with all the provisions of clause 6.2.3 the Customer shall be liable to pay to the Company by way of liquidated damages a sum equal to the Hire Fee foe each week or part of a week from the date this Agreement ended to the date all of the provisions of clause 6.2.3 have been complied with (Liquidated Damages).

6.2.4.2 Liquidated Damages shall be payable in addition to Interest on any sum due to the Customer under clause 
6.2.3. (e).

6.2.4.3 The payment or demand for Liquidated Damages shall not have the effect of continuing, or reviving this 
Agreement nor shall it create any rights for the Customer or any other person to use the Unit or to enter the 
Site other than for the purposes of complying with the requirements of clause 6.2.3.

6.2.4.4 The exercise by the Company of its right to dispose of Goods shall not relieve the Customer of its obligation
to pay Liquidated Damages whilst any of the provisions of clause 6.2.3 (other than the removal from the Unit of goods previously disposed of by the Company) remain to be performed.

6.2.4.5 If as a result of the Companys failure to comply with any of the provisions of clause 6.2.3 the Company:-

(a) Purchases another container to replace the Unit which is off Site or beyond economic repair; or

(b) Incurs cost in repairing any Unit; or

(c) Has to replace keys, swipe cards or other similar items relating to:-

• The Unit
• The Site
• Other containers on the Site.

 

 

The Customer in addition to paying Liquidated Damages shall pay all costs incurred by PCC in connection

with any of the matters mentioned in this clause 6.2.4.5.

7. GENERAL PROVISIONS

It is agreed between the parties that the following provisions will apply to this Agreement.

7.1 The liability of the Company to the Customer under or arising from the operation of this Agreement (whether in  
contract, tort or otherwise) shall not exceed a total of £1000.00 per tonne weight fro goods in respect of any claim.

7.2 The Company may make such regulations for the use of the Unit and/or the Site as it shall from time to time think fit.

7.3 The Company shall not be responsible for any loss or damage to the Goods of for any consequential loss however
arising.

7.4 The Company shall be released from its obligations under this Agreement and of any liability under this Agreement
if the failure of the Company to perform its obligations is the direct or indirect consequence of:

(a) The failure of the Customer to perform its obligations under this Agreement; or

(b) The breach by the Customer of the warranties contained in this Agreement; or

(c) Circumstances or events beyond the control (whether or not they were reasonably foreseeable) of PCC.

7.5 Unless expressly agreed in writing by the Company the terms and conditions of this Agreement shall override and
exclude in their entirety any terms or conditions stipulated, incorporated or referred to by the Customer.

7.6 If any of the provisions of this Agreement shall in whole or in part be held to any extent to be illegal or unenforceable
under any enactment or rule of law that term or provision or part shall to the extent required by severed from this
Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement
to the intent that the other provisions shall remain in full force and effect.

7.7 No forbearance, indulgence or relaxation on the part of the Company in enforcing any of the provisions of this
Agreement shall in any way affect, diminish, restrict or prejudice the right or power of the Company to enforce any
term of provision of this Agreement or be deemed to amount to a waiver of any breach of this Agreement.

7.8 If after the hire of the Unit ends (for whatever reason) Goods are left in the Unit or on the Site, the Company may
treat them as having been abandoned and may remove, destroy or dispose of them as the Company in its own     
unfettered opinion thinks fit and without any liability attaching to the Company and the cost incurred by the      
Company in so doing will be a debt due to the Company from the Customer and the Customer:-

(a) Appoints the Company its agent for the purposes referred to above; and 

(b) Warrants that any Goods that will be left in the Unit or on the Site will be the Customers own unencumbered
property; and

(c) Will indemnify the Company against any resulting liability.

7.9 The ending of this Agreement (for whatever reason) does not cancel:-
(a) Any pre-existing breach; or
(b) A partys liability to perform an outstanding obligation; or
(c) The exercise of a power or right granted to the Company to deal with Goods after the ending of this        
Agreement: or
Any power, right, responsibility or obligation which it is clear from the context is intended to continue after the   
ending of this Agreement.

 

8. NOTICES

8.1 Any notice given under this Agreement shall be in writing and signed by or on behalf of the party giving it and shall
be served by delivering it personally or sending it by pre-paid recorded delivery or registered post to the address and
for the attention of the receiving party set out in the Hire Schedule. In the absence of proof, on the balance of     
probabilities, that the notice was not received a notice shall be deemed to have been received:

(a)  If delivered personally, at the time of the delivery;
(b) In the case of pre-paid recorded delivery or registered post, two Working Days from the date of posting:

Provided that if receipt is after 5pm on a Working Day, or on a day which is not a Working Day, the notice shall be
deemed to have been received at 9am on the next Working Day.

8.2 In proving service it shall be sufficient to prove that the envelope containing notice or other communication was  
addressed to the address of the relevant party set out in the Hire Schedule and delivered either to that address or into
the custody of the postal authorities as a pre-paid recorded delivery, registered post letter.

8.3 If the party receiving the notice is more than one person a notice to one is a notice to all.

8.4 For the avoidance of doubt, notice given under this Agreement shall not be validly served by fax or e-mail.


9. DEPOSIT

9.1.1 The Company may deduct from the Deposit (and any sum received in respect of Goods disposed of pursuant to
clause 7.10):

• Any unpaid sum due to the Company under this Agreement;
• The cost of putting right anything which the Customer should have done but did not do; and
• Any Losses suffered or anticipated as a result of the Customers acts or omissions.

 

The Company may retain the Deposit (and other sums) for a reasonable time until the amount due to it is determined.
The Company will not be liable to pay interest on any sum retained.


10. TIME OF THE ESSENCE.

In this Agreement in any stipulation as to the payment of the Hire Fee or of Interest time shall be of the essence.


11. JURISDICTION.

11.1 This Agreement is subject to the law of England and Wales.

11.2 The parties submit to the exclusive jurisdiction of the Courts of England and Wales and irrevocably agree that     
proceeding issued out of these Courts may without prejudice to the rules of  service of these Courts be served by   
delivering such proceedings in an envelope addresses to the party to be served at the address for such party shown in
the Hire Schedule.