KEY POINTS
- Contract type: This is a monthly recurring license agreement that can be cancelled at
any time and runs continuously until cancelled. - Customer owns or is authorised to store goods.
- Storage fees must be paid in advance and on time.
- If you fail to comply with the conditions of this agreement, Sturdy Self Storage have
certain rights which include the right to cancel access to your unit, to seize and
sell/or dispose of your goods. - Customer must keep unit secure.
- Customer must not store prohibited goods as detailed in condition 10.
- Customer must check the unit is suitable for storing the goods.
- Goods are stored at your sole risk. You must take out insurance cover.
- Sturdy Self Storage may use and share your personal and other data in certain
circumstances.
Terms & Conditions of Monthly Storage License Agreement
1.In these terms and conditions the following words have the following meanings:
You, – your the customer names in the Schedule
We, us, – our Sturdy Self Storage, Unit H Textech Factory, Purcellsinch Business Park, Dublin Road,
Kilkenny. Goods – anything that you bring on to the Site and store in the Unit
Unit – the storage unit specified in the Schedule or any alternative storage unit we may specify
under Condition 13 Commencement Date – the date specified in the Schedule
Site – the premises on which the Unit is situated
Access Hours – the hours we permit access to the Unit
Prohibited Items – those items specified in Condition 10
Licence Fees – the amount specified in the Schedule which will be liable to Value Added Tax
Due Date – the date specified in the Schedule and the corresponding date in each period specified in
the Schedule or the previous business day if the Due Date falls on a Saturday, Sunday or public
holiday.
Your Right to Use
- We permit You but no other person to use the Unit in accordance with these terms and conditions
from the Commencement Date until this agreement is terminated.
Inspection - You must inspect the Unit before storing any goods and inform us if you believe it is damaged or
unsuitable for your requirements in any way. If you do not do so the Unit will be deemed to be
suitable for you and in good condition at the Commencement Date.
Access to the Unit by You and by Us - You may have access to the Unit at any time during the agreed Access Hours. No access to the
Unit will be permitted outside these hours. We may change the Access Hours at any time without
giving any prior notice. - Only you and persons authorised or accompanied by you will be permitted to have access to the
Unit. You may withdraw any authorisation at any time but the withdrawal will not be effective until
we receive it in writing/email. We may ask for proof of identity from you or any other person at any
time (although we are not obliged to do so) and we may refuse access to any person (including you)
who is unable to provide satisfactory proof of identity. - You are responsible for providing a lock for the Unit and you must ensure that it is always locked
when you are not in attendance. We will not be responsible for locking any unlocked Unit. - You will permit us (and our agents or workmen) to enter the Unit at any time in an emergency and
otherwise if we give you not less than seven days’ notice so that we may inspect it or carry out
repairs, maintenance and alterations to the Unit or any other Unit or part of the Site or ensure
compliance with these terms and conditions or for any other purpose. - We may enter the Unit at any time without notifying you (and if necessary, we may break the lock
to gain entry);
(i) if we believe that the Unit contains Prohibited Items or is being used in breach of these terms and
conditions.
(ii) if we are required to do so by the Gardai, Fire Services, Local Authority or by a Court Order.,
(iii) if we believe it is necessary in an emergency.
(iv) to obtain access in accordance with Conditions 7, 14, 20 and 21
(iv) to prevent injury or damage to persons or property; or
(v) if we are of the opinion that any of the above apply, the purposes of ascertaining this.
Use of the Unit and the Site - You warrant that the goods you are storing in the Unit are your own property or the person who
owns or has an interest in them has given authority to you to store them in the Unit. - You may only use the Unit for storage and not for any other purpose. You must not store (and
you must not allow any other person to store) any of the following in the Unit: –
(i) food or perishable goods unless tinned/canned so that they are protected from vermin,
(ii) birds, fish, animals or any other living creatures;
(iii) combustible or flammable materials or liquids such as paint, petrol, oil, cleaning solvents, or
compressed gases;
(iv) firearms, explosives, weapons or ammunition
(v) chemicals, radioactive materials, biological agents
(vi) toxic waste, asbestos or other materials of a potentially dangerous nature
(vii) any item which emits any fumes, smell or odour
(viii) any illegal substances, illegal items or goods illegally obtained such as illicit
(counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical
goods, medicines, aerosols, cosmetics, fireworks); (ix) goods which are environmentally
harmful or that are a risk to the property of any person; and
(x) items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of
art and items of personal sentimental value. - You must not (and you must not allow any other person to):
(i) use the Unit or do anything on the Site or in the Unit which may be a nuisance to us or to the
users of any other Unit;
(ii) do anything on the Site or in the Unit which may invalidate any of our insurance policies (or those
of other Unit users) or increase the premiums,
(iii) use the Unit as offices or living accommodation or as a home or business address,
(iv) spray paint or do any mechanical work or any kind in the Unit.
(v) attach anything to the walls, ceiling, floor or doors of the Unit or make any alteration to the Unit,
(vi) allow any liquid,, substance, smell or odour to escape from the Unit or any noise to be audible or
vibration to be felt outside the Unit.;
(vii) cause any damage to the Unit or any other Unit or the Site or its facilities or to the property and
possessions of us or any of our other customers. If you cause any damage, you must (at our option)
repair, restore or replace such damage item or reimburse our costs in making necessary repairs,
restoration or replacement;
(viii) cause any obstructive or undue hindrance in any passageway, stairway, service area or other
part of the Site and you must at all times exercise courtesy to others in using these areas. - You must: –
(i) inform us immediately of any damage to the Unit;
(ii) comply with the directions of any of our employees or agents at the Site and any further
regulations for use of the Unit which we may issue from time to time;
(iii) leave the unit and Storage Premises secure at all times;
(iv) during your period of use, keep the unit and surrounding area clean and free of waste and
debris, and you are responsible for disposal pf your own waste in order that a clean environment is
maintained at all times at the Storage Premises.
Alternative Unit - We may at any time by giving you seven days’ written notice require you to remove your goods
from one Unit to another Unit specified by us. The Alternate Unit shall be of a similar size to the
current Unit. - If you do not arrange the removal of your goods to the alternative Unit by the time specified in
the notice, we may enter the Unit and arrange for the goods to be so moved. Any removal arranged
by us will be at your risk. - If your goods are moved to an alternative Unit, this Agreement will be varied by the substitution
of the alternative Unit number but this Agreement will otherwise continue in full force and effect
and the Licence Fees will continue to apply to the alternative Unit. - We are not liable for damage caused by us moving or our agents moving your items to an
alternative unit.
Licence Fees - You must pay us the first License Fee for the minimum period of storage on signature of this
agreement by credit/debit card and thereafter must pay the license Fees on the Due Date by the
agreed payment method. This is a monthly license agreement that can be cancelled any time and
runs continuously until cancelled. License/Storage Fees must be paid in advance and on time. If you
do not pay the Licence Fees by the close of business on the Due Date, you will immediately become
liable to pay a late payment charge equal to 5.0 per cent of the Licence Fees (Subject to a minimum
fee of €12.00) for each weekly period or any part thereof that the Licence Fees (including any late
payment or other charges) remain unpaid after the due date. You must also have a useable
credit/debit card on file during the period of storage with us and you give us authorisation to charge
this card should payment become overdue. - In the event that any cheque/direct debit is dishonoured, we may make a further charge of
€12.00 euro on each occasion that your payment is returned
Increases - We may alter the Licence Fees at any time by giving you written notice and the new Licence Fees
shall take effect on the first Due Date occurring not less than four weeks after the date of notice.
Non Payment of Licence Fees - If you do not pay the Licence Fees on the Due Date or the late payment charge or either, we may
exclude you from the Site and from the Unit and we may break the lock on the Unit and install a new
lock, whether or not we have exercised our right to terminate this Agreement. Exercising our right to
exclude you from the Site and the Unit does not affect your obligation to pay any unpaid or future
Licence Fees or late payment charges. - If any part of the Licence Fees or the late payment charge is still outstanding one month after the
Due Date then we may :
(i) give you written notice that we will remove all the goods in the Unit if you have not paid all
outstanding amounts due in full within 72
hours of the issuing of that notice by us to you at your address or email address set out in the
Schedule,
(ii) on expiry of the notice in sub-Condition 21 (i), remove all the goods in the Unit to any alternative
storage facilities that we may decide
without incurring any liability for loss or damage to the goods arising from their removal and
alternative storage.,
(iii) charge you the full costs of removing the goods from the Unit and alternative storage costs
together with any repeated costs if we require to move the goods at any time afterwards,
(iv) sell the saleable goods on your behalf and pass good title to them and use the proceeds of sale
to discharge any outstanding Licence Fees and other charges due to us. If the proceeds of sale are
insufficient to discharge your outstanding liability to us then you will remain liable for the balance
and we may take any action we consider necessary to recover the outstanding amounts;
(v) treat any goods not sold or saleable as abandoned and destroy or otherwise dispose of them.
Termination - Either you or we may terminate this Agreement by giving not less than 7 days written notice
ending on any Due Date and termination will take effect
from that Due Date. Any Licence fees paid in advance will be refunded but we may make deductions
from them due to any late charges etc that may be applicable. - You may not terminate this agreement if any Licence Fees or other charges are outstanding or if
you are otherwise in breach of this Agreement. - We may terminate this Agreement immediately by giving you written notice if you are in breach
of any term of this Agreement but without prejudice to any right of action or remedy on our part in
respect of any antecedent breach of any of the covenants, conditions or obligations herein
contained.
On Termination - On termination of this Agreement you must remove all goods from the Unit and leave the Unit
clean and tidy and in the same condition as at the Commencement Date. We may charge you if we
have to clean the Unit or dispose of any goods or rubbish left in the unit or on the site - We may treat any goods remaining in the Unit after termination as abandoned and may dispose
of them in accordance with Conditions 21 (iv) and (v).
Insurance - (i) We do not insure your goods whilst in the Unit. Storage of goods in the Unit is at your sole risk
and you must insure them at their full replacement value and whenever required to do so by Sturdy
Self Storage to produce to Sturdy Self Storage the policy/policies of insurance together with
satisfactory evidence that the same is/are valid and subsisting and that all premiums due thereon
have been paid.
(ii) We shall take out a contract of insurance on your behalf (if approved at the beginning of this
agreement), in accordance with the [specimen] [summary of terms] provided to you, providing cover
to us for the Goods and for the purposes of such insurance cover, the replacement value of the
Goods shall be the True Total of the Value of the Goods stated at the beginning of this Agreement.
(iii) If loss or damage occurs to the Goods as a result of any matter which may result in a claim under
such insurance cover, we shall notify the insurer promptly of the claim and in any event within 2
business days of receipt from you of a written direction to notify a claim in the form attached to the
[specimen / summary of terms]. For the purposes of processing any such claim you shall provide us,
the insurer or any agent of the insurer appointed to investigate such claim with such information
and existence as may reasonably be required in relation to the claim. We will also provide to you,
the insurer, or any agent of the insurer appointed to investigate the claim, with such information
and assistance in relation to the claim as may reasonably be required. While we will, in accordance
with the previous provisions of this paragraph, notify claims to the insurer, we are not under any
circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim
[unless specifically agreed with you in writing].
(iv) We do not give any advice concerning the insurance cover referred to in Condition 27 and it is for
you to make your own judgment whether such insurance is appropriate to cover the Goods and risks
to them.
(v) Nothing in this Condition 27 shall make us your agent.
Exclusion of Liability - (i) We shall not be liable for any loss (including consequential or economic loss) caused by
Normal Perils or damage to the goods stored in the Unit, whether or not the loss or Damage is due
to any act or omission, negligence or wilful default by us or by any of our servants or agents or other
customers above the sum of €100 which We consider to be the normal excess on a standard
household insurance policy whether or not that policy would cover the Goods. Any other
representations, conditions, warranties and other terms whether written or oral, express or implied,
statutory or otherwise which are or may be inconsistent with this condition are expressly excluded.
Your attention is specifically drawn to the fact that the lockers are not alarmed.
(ii) The exclusion of liability does not apply where the damage suffered by you is a direct result of our
negligence or wilful default or that of our servants or agents and which causes physical injury to or
the death of any person.
29.(i) You accept that the Property stored at Sturdy Self Storage is stored at your sole risk and
expense. You will be solely responsible for taking out appropriate insurance at the full replacement
value of the Property against all normal perils i.e. loss of or damage to Property caused by (but not
limited to) fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting and/or leaking pipes,
theft accompanied by forcible and/or violent entry or exit, riot, strike, civil commotion, malicious
damage and impact by vehicles.
(ii) We shall not be liable for any loss or damage which you may suffer as a direct or indirect result of
our performance of this agreement being prevented delayed by reason of any Act of God, riots,
strike or lock out trade dispute or labour disturbance, accident, breakdown or plant machinery
equipment, fire, flood, break-in, difficulty in obtaining workmen, materials of transport, electrical
power failure or other circumstances whatsoever outside our control.
Indemnity - You will indemnify us and hold us harmless against all claims, demands, liabilities, damages, costs
and expenses incurred by us or by any of our servants, agents or other customers which arises out of
the use of your Unit or the Site by you or any of your servants, agents or invitees or arises out of the
breach of this Agreement by you.
Notices - Any notice given under this agreement must be in writing and may be served by personal
delivery, pre-paid post or email. Any notice to you may be sent to the address or any other address,
including electronic or email as stated in the Schedule. Any notice to you may also be sent to any
owner/primary contact (whether sole, joint, or co-owners) of which we have been notified by you.
Any notice to us must be sent to our address set out in the Schedule. Notices will be deemed to be
effectively served immediately if served personally or electronically or forty-eight hours after they
have been placed in the post.
Force Majeure - We shall not be liable for any loss or damage which you may suffer as a direct or indirect result
of our performance of this Agreement being prevented, hindered or delayed by reason of any Act of
God, riot, strike or lock-out, trade dispute or labour disturbance, accident, break-down of plant or
machinery, fire, flood, difficulty in obtaining workmen, materials or transport, electrical power
failures or other circumstances whatsoever outside our control and which affect the provision by us
of access to or use of the Unit.
General - Any delay by us in exercising any of our rights under this agreement will not impair our rights or
be a waiver of those rights, nor will any partial exercise of any right preclude a further exercise of
that right. - You may not assign any of your rights under this agreement or part with possession of the Unit
to any other person, firm or company. - No variation of these terms and conditions will be effective unless expressly accepted in writing
by us and signed by our principal. None of our employees or agents who is not also a director has
any authority to vary these terms and conditions on our behalf whether orally or in writing. - Every provision in these terms and conditions is severable and distinct from every other
provision and if at any time one or more of such provisions is or becomes invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not be
affected in any way. - This Agreement shall be governed by the Laws of Ireland and you and we submit to the exclusive
jurisdiction of the Irish courts. - Nothing in this agreement will be treated as creating any tenancy lease or any relationship of
landlord and tenant between us. Nor will we be regarded as a warehouse or building - Where the Customer is two or more persons your obligations under this Agreement shall be joint
and several. - We reserve the right to refuse any goods regardless of reason
- All goods accepted will become subject to lien in respect of continued non -payment of our
charges. - You agree that we may hold and possess by computer or otherwise, any information obtained
about you as a consequence of this agreement.
