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terms of business
We are Auto Classica Storage Ltd and we can be contacted via post at our Registered Office address 24 West Street, Olney MK46 5HR (referred to here as we, us, or our). These Terms and Conditions apply to the storage of vehicles (the Vehicle(s)) and associated services (e.g. collecting and transporting vehicles, valeting services, sales, regulatory compliance and insurance as may be set out in the booking form and subsequently agreed by us) (the Services).
1. Terms
a. These Terms & Conditions and any documents referred to in them, set out the entire agreement between us and you, unless other terms are agreed in writing and signed by us.
b. No completed booking form request for storage of Vehicles or provision of Services shall be contractually binding unless and until we issue you with an invoice which acts as written acceptance of your order. Once a contract is made we and you are bound by these Terms and Conditions.
2. Vehicle Storage and the Services
a. We agree to provide you with storage for your Vehicle(s) and any agreed Services, in return you agree to provide us with the requested documentation relating to the Vehicles and pay us all sums due, in the amounts and on the dates set out in the written invoice.
b. You agree that we may choose where to store Vehicles from time to time and you accept that Vehicles may be moved within and between our sites to enable us to efficiently manage our business.
c. We will set out in writing the initial minimum period of Vehicle storage. We shall, by acting reasonably, determine the dates on which any particular Services occur.
d. We may, from time to time and without prior notice to you, change or vary these Terms and Condition or any of the Services in order to comply with any applicable safety or statutory requirements. We will only do this if the changes do not materially affect the nature, or scope of the Services. If we want to change the storage criteria, the scope or timing of the Services, the charges, or any other aspect of the contract, for any other reason, we will give you prior notice but you may not unreasonably withhold or delay your consent to such changes.
3. Charges and Payments
a. Payment for storage of Vehicles may be made prior to or on the date of handover of the Vehicle to our custody.
b. Our preferred means of payment is by Bank Transfer. If payment is made by other means (debit and credit card or Direct Debit) we reserve the right to apply a reasonable administration charge. We do not accept cash or cheques as methods of payment.
c. Our fees and charges, which may change over time, shall be payable:
i. In advance for storage of Vehicles;
ii. On invoice (terms of 7 days) for any Services; and
iii. In any event, prior to the removal of Vehicles from our custody.
d. If we change the fees and charges at any time, we will give you written notice. You agree to pay on time.
e. The price quoted for storage of Vehicles and the Services is exclusive of Value Added Tax (VAT). VAT will be added to our invoices at the appropriate rate.
f. Payment shall be pending until cleared in our bank account.
g. If you are late in paying then you agree that we may charge you interest at a rate of 4% above the published Bank of England base rate. Interest shall be calculated on a daily basis from the date on which payment becomes due until and including the date on which payment is received by us.
h. In the event of non-payment, you agree that we may charge you an administration fee for any reasonable time or third-party costs of collecting payment.
i. If the contract between us comes to an end, for any reason, then all invoices shall become due immediately and we shall have the right to issue invoices for any outstanding fees and charges. This right to claim for payment is without prejudice to any other rights we may have in law.
j. You agree that we may set off any liability we may have to you against any liability you have to us.
4. Termination
a. If you have not arranged the delivery of or collection of your Vehicles when the agreed minimum initial period for storage ends then the contract is deemed to continue indefinitely on these Terms and Conditions and at the same price.
b. You must give us at least two weeks’ notice in writing if you wish the contract to end. Even if you end the contract prior to the end of the agreed minimum initial period for storage you will have to pay our fees and charges for that agreed minimum period of storage.
c. We may end the contract at any time by giving you one month’s notice in writing.
d. Your liability to pay us for storage of your Vehicles does not end until you, with our consent, remove the Vehicles from our custody.
e. You agree that we can terminate the contract immediately on giving you written notice if:
i. you commit any material breach of any of these Terms and Conditions (especially if you fail to pay the correct sums due) and have not put right that breach within 14 days of our contacting you to let you know about it; or
ii. you (being a company) pass a resolution for winding-up (otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of the obligations of the relevant party under the contract) or a court makes an order to that effect, or (if you are a partnership) you dissolve the entity, or being an individual you commit any act of bankruptcy or die or if the other party (whether a company or not) stops trading or sells or transfers substantially the whole of its business or becomes or is declared insolvent or commits any act of bankruptcy or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or if a liquidator receiver manager or similar officer is appointed in respect of any of the assets of that other or any analogous step is taken in connection with that other’s insolvency, bankruptcy or dissolution.
f. Immediately upon the ending of the contract (however that comes about), we agree to delete all special category or confidential information that we hold about you, unless that is required for our legitimate business interests.
g. At the date of termination you agree to pay us immediately for any outstanding unpaid invoices and any accrued interest. In respect of storage of Vehicles or Services supplied but for which no invoice has yet been submitted, you agree that we can issue an invoice for immediate payment.
5. Lien
a. You agree that we have a general as well as a particular lien on the Vehicles for:
i. Payment of all amounts due under the contract and these Terms and Conditions; and
ii. All claims against you, whether or not in respect of or in relation to the Vehicles.
b. You agree and accept that if
i. any invoice or payment is outstanding for more than 3 months, but only where we have given you written notice of non-payment, and/or
ii. you fail to collect or arrange for the delivery of your Vehicles at the termination of the contract, but only where we have given you written notice with a final date for collection;
we may seek to sell your Vehicles on the open market or at auction in order to recover any amounts due and to meet the costs associated with our claim against you, and you accept and agree that you are obliged to co-operate with the sale.
c. In the event that Vehicles are sold, the proceeds of the sale shall first be used to pay any amounts due under the contract with us, then to meet the costs of prosecuting any claim, then to meet the costs of administering your account, including the costs of the sale or disposal of the Vehicles. After all amounts due to us have been recovered, any balance of sale funds will be paid to you. If the proceeds of the sale are insufficient for our recovery in full, the remaining monies shall be sought from you as a debt.
6. Inspection of Vehicles
a. On the agreed date of arrival at our site, or at the point of handover, we will carry out checks on your Vehicle to understand its condition and any areas of particular interest or concern to you. We photograph and video the Vehicles as proof of condition and note that condition in writing.
b. You agree that we may carry out any reasonable actions that we consider necessary to ensure the preservation of other Vehicles stored by us, or any of our property, visitors and employees.
7. Sub-Contracting
a. You accept and agree that on occasions we may need to ask others to carry out some or all of our obligations under the contract.
b. Where we do use others for these purposes all of these Terms and Conditions shall apply and we shall both continue to be bound by them. We are liable for the acts and omissions of anyone to whom we subcontract our obligations in the same manner and to the same extent as we are liable for our own acts and omissions under these Terms and Conditions.
8. Customer Warranties
a. You warrant to us that you are either the owner of the Vehicles or you are authorised by the owner to accept these Terms and Conditions on the owner’s behalf. You agree that we may request evidence of such authorisation.
b. Before we accept the Vehicle for storage you must provide us with the requested documentation and inform us in writing of:
i. Any special precautions necessitated by the nature or condition of the Vehicle; and
ii. Any activity specific to the Vehicle which you want us to act on.
c. You warrant that when you bring the Vehicle to us (or on collection) the Vehicle is in such condition as not to cause damage or injury, or the likelihood of damage or injury, to our property or our employees or agents or contractors or to any other Vehicles held by us.
9. Condition of Vehicles
a. You accept and agree that we may, at our reasonable discretion, clean the Vehicle from time to time, at your expense. Unless already agreed and covered by your choice of storage service, and if we feel it necessary, we may arrange protection covers for your Vehicles, at your expense.
b. We do not assess or make recommendations regarding the visual, mechanical or electrical condition of Vehicles. Any suggestions we may make are entirely without liability.
c. We will move your Vehicle to one of our long-term storage sites following a clear 24 hour period in isolation (with a drip tray underneath). All long-term stored Vehicles must have a battery maintainer and a cover (which, unless already agreed and covered by your choice of storage service, you may buy or rent from us).
d. Only recently PAT tested battery conditioners may be supplied by you for our use.
e. We are not responsible for any electrical or mechanical changes, failures or malfunctions or a deterioration of physical condition of your Vehicles due to the passage of time, including but not limited to, fading of colours, drying, becoming brittle, becoming pliable or perishing whilst the Vehicles are in storage.
f. If a Vehicle’s condition means that we need assistance in moving it within our storage sites or to remove it from one place of storage to another, or to deliver it back to you, you agree and consent to our obtaining such assistance as we consider reasonably appropriate and necessary, at your cost.
g. Any claim for damage to the Vehicles whilst in our custody must be notified to us in writing within five days of the damage coming to your attention, or within three days of the Vehicle being removed from our custody, whichever is the shorter time. You agree that you may not make any claim against us after this period has passed.
10. Insurance, Liability and Limitation of Liability
a. You agree and accept that you are responsible for insuring your Vehicles. We recommend that you take out insurance which covers Vehicles against all risks to their full value.
b. In the event that the Vehicles are not insured by you or are under insured, we shall not be liable, and you agree and accept full responsibility for any loss suffered.
c. We take out business insurance which covers our business activities and Services.
d. Our total liability to you whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage, costs or expenses arising under or in connection with the contract shall be limited to the sum of £20,000 per Vehicle.
e. We shall not be liable to you for:
i. loss of profit, revenue, use, anticipated savings, goodwill, reputation or opportunity, financial or economic loss or any indirect or consequential loss or damage, costs or expenses whatsoever and howsoever arising out of or in connection with the contract;or
ii. any loss or damage that is caused or contributed to by a breach of any of the warranties contained in clause 8 above.
f. We do not exclude or limit in any way our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
11. Access
a. Our standard hours of business are between 9.00am and 5.00pm, Monday to Friday with the exception of English public holidays.
b. We only permit visits to our storage sites by appointment. Unauthorised or unexpected visitors may be refused access to the premises.
c. If you visit our premises you agree and accept that you:
i. must bring photo ID each time you visit, which you agree we may copy and retain for our records; and
ii. will be photographed on arrival for identification purposes and such photographs will be retained for our records; and
iii. you are bound by our business H&S policies and Data Privacy policies.
d. Our premises and perimeter are covered by digitally recorded CCTV and you accept that images will be recorded for the preservation of property and protection of our legitimate business interests.
e. A minimum of three working days’ notice is required for us to retrieve the Vehicles from storage.
f. A minimum of two weeks’ notice is required to permanently remove the Vehicles from storage.
g. We require that all charges are paid up to date before we will permit the retrieval or removal of Vehicles from storage.
12. Delay
a. We will not be liable if we are delayed, unable or prevented from collecting or transporting your Vehicles or in providing the Services, due to any fault of yours or anyone instructed by or acting on your behalf, or due to other reasons beyond our control.
b. Whilst we will use reasonable diligence to meet any timetables agreed for the provision of Services, we shall not be liable for any delays.
13. Confidentiality
You acknowledge that you may, as a result of using our Services, or in the process of storing your Vehicles with us, come into possession of confidential information (about us or our other customers). We acknowledge that we may come into possession of confidential information about your or your business or personal activities as a result of our carrying out our Services, or in the process of storage of your Vehicles.
In consideration of the obligations contained in these Terms and Conditions and the disclosure by a disclosing party to the other party of confidential information, each party agrees to maintain as confidential all confidential information of the disclosing party they may acquire in any manner; and not to use any confidential information of the disclosing party for any purpose whatsoever other than in relation to the storage of Vehicles or the provision of the Services; and not to directly or indirectly disclose to any person or otherwise publish any confidential information of the disclosing party to any other person, except as may be required in relation to the storage of the Vehicles or the provision of the Services.
14. Photographs, marketing and publicity
You acknowledge that we publicise our business in a variety of media, including magazines, trade shows, directories, online and by social media. You give your permission for such uses. Where images of storage areas and/or stored Vehicles are used in our marketing, we will use our reasonable endeavours to prevent the owners of the Vehicles being directly identified.
15. Data Protection
You acknowledge and agree to provide us with your true name and address and details for the collection of payments, which data we may submit to a credit reference agency for our business purposes. Your personal data will be processed by us and on our behalf only in connection with our legitimate business operations and for the purposes of carrying out this Contract.
16. Force Majeure
You agree that we will not be in breach of the contract, or otherwise be liable to you, by reason of any delay in performance, or non-performance, of any of our obligations under these Terms and Conditions to the extent that such delay or non-performance is the direct or indirect consequence of:
i. your actions, neglect or default, including any breach by you of the warranties contained in clause 8 above; or
ii. By any circumstances preventing us from performing any or all of our obligations under the contract which arises from or is related to acts, omissions or events beyond our reasonable control (Force Majeure).
iii. If we become aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any failure or delay on our part, we will notify you of the likely period during which it is estimated that our failure or delay will continue and any agreed timetable will be extended by an equivalent period of time.
17. Your Indemnity
You agree to indemnify us and keep us indemnified from and against all costs, actions, claims, demands, liabilities, expenses, damages or losses arising out of or in connection with or arising from your negligence, default or breach of these Terms and Conditions.
18. Notices
a. Any invoice, statement or notice given by one party to the other shall be in writing (including email).
b. Any such document shall be deemed to be served:
i. If delivered by hand, at the time of delivery;
ii. If posted, 2 working days after posting; or
iii. If emailed, 24 hours after sending.
c. We shall each keep the other advised of changes to our postal and email addresses.
19. Dispute Resolution
a. We shall use our reasonable endeavours to resolve promptly, by negotiation, any complaints or problems you raise. Any unresolved problems shall be referred to one of our directors, who will meet with you if they deem that necessary and shall attempt to resolve the issue expediently.
b. If the dispute has not been resolved 30 days after first being raised then either party may progress the matter for resolution by a court of competent jurisdiction.
20. Miscellaneous
a. Failure to exercise, or any delay in exercising, any right or remedy provided under these Terms and Conditions or by law is not a waiver of that (or any other) right or remedy, nor shall it prevent either from exercise of that (or any other) right or remedy.
b. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement, and the validity and enforceability of the other provisions of the agreement shall not be affected.
c. These Terms and Conditions and any documents referred to in them constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the its subject matter.
d. A person who is not a party to the contract shall not have any rights under or in connection with it.
e. These Terms and Conditions and each contract made hereunder shall be governed by and interpreted in accordance with English law, and any claim or matter arising in connection with these Terms and Conditions or under any contract shall be heard in the exclusive jurisdiction of the English courts.
f. By signing either a hard-copy or by approving an online version of these Terms of Business, you are agreeing to the Terms of Business as set out within for Auto Classica Storage Ltd.
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