Welcome to Swindon Caravan Storage!

 

Before storing with us, we ask that you read the below terms and conditions and notes:

 

Terms and Conditions Guidance: 

 

1. Please note that there is a £75.00 late payment fee for payments not received on the due date. 

2. Please note that there is a £50.00 per hour administration fee for extra concierge services outside of the routine running of the site and for chasing unpaid invoices.

3. There is an interest rate for all items left on site unpaid for. We reserve the right to charge interest at 4% per day above base lending rate of HSBC Bank Plc. 

4. Please note that there is a one month notice period for leaving the site. 

 

Parties

(1)  CLAIRE READ trading as SWINDON CARAVAN STORAGE of Leighfield Lodge Farm, Malmesbury Road, Leigh, Swindon, Wiltshire SN6 6RH (hereafter referred to as SCS).

 

(2) Storer and date of storage commencing mentioned on associated paperwork.

The following definitions and rules of interpretation apply in this lease.

1.1                Definitions:

Access Hours:  See website.

Administrative Charge:  £50 (or such sum more recently notified to the Storer by SCS). 

Deposit: £35 for wireless gate entry and exit fob (Refundable on return of working fob at end of storage period)

Due Date:  First day of agreed storage period – see most current invoice(s).

Estate: The land designated for storage plots at Leighfield Lodge Farm, Leigh, Swindon, Wiltshire.

Goods:  Items sorted in the Vehicle or on the Plot.

Interest Rate: 4% above base lending rate of HSBC Bank Plc.

Late Payment Fee:  £75 (or such sum more recently notified to the Storer by SCS).

Vehicle and all other storage details:  As agreed on current invoice(s).

1.2                A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.

1.3                Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.

1.4                Any restriction or obligation on the Storer includes not to allow the restricted thing to be done and to use their best endeavours to prevent that thing being done by another person.

1.5                A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.6                Unless the context otherwise requires, references to clauses are to the clauses of this Agreement. 

1.7                Clause headings shall not affect the interpretation of this Agreement. 

1.8                A reference to writing or written includes writing of letters and email.

1.9                Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2.1                SCS lets the Plot to the Storer for the Term to park the Vehicle.

2.2                The Storer is deemed to have knowledge of the goods and the vehicle on the Plot and warrants that it is the owner of the goods and the Vehicle and entitled at law to deal with them in accordance with all aspects of this agreement with SCS. 

2.3                SCS:

(a)            does not have and will not be deemed to have knowledge of the goods on the Plot or the Vehicle

(b)           does not take possession of the goods

(c)            does not grant any lease or tenancy agreement of the Plot and for the avoidance of doubt this Agreement does not create any tenancy and the Storer shall not have security of tenure.

3.1                The Storer must pay the Deposit upon signing this Agreement. The Deposit (or balance of it after any appropriate deductions of unpaid fees, repairs or other charges to put right any breach of this Agreement by the Storer) will be refunded by cheque or electronic transfer within 14 days after termination of this agreement. 

3.2                The Storer is responsible to pay the Storage Fee (being the amount set out in most recent invoice or as most recently notified to the Storer by SCS) payable in advance on the first day of each storage period (Due Date) and it is the Storer’s responsibility to see that payment is made directly to SCS on time and in full throughout the period of storage. Any Storage Fees paid by direct transfer will not be credited to Storer’s account unless the Storer identifies the payment clearly and as directed by SCS and the SCS shall have no liability to and shall be indemnified by Storer if SCS takes steps to enforce the Agreement (including the sale of Goods) due to the Storer’s failure to identify a payment. SCS will not accept that payment has been made until it has received cleared funds and, if any payment is later dishonoured, may charge an Administrative Charge.

3.3                SCS may re-enter the Plot at any time after any of the following occurs:

(a)            any Storage Fee is unpaid from the day of it becoming payable whether it has been formally demanded or not; or

(b)           any breach of any condition of this Agreement

3.4                SCS may also:

(a)            charge for repairs, to be invoiced at SCS’ discretion 

(b)           a Late Payment Fee each time a payment is late; 

(c)            any costs incurred by SCS in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, Plot inventory, debt collection, personnel and/or default action costs and associated legal and professional fees such costs to be paid by the Storer to SCS on an indemnity basis. 

3.5                If any fee or any other money payable under this Agreement has not been paid by the Due Date, whether it has been formally demanded or not, the Storer shall pay SCS interest on that amount at the Interest Rate. Such interest shall accrue on a daily basis for the period beginning on the Due Date and ending on the date of payment.

3.6                If a Plot is vacated on or after the start of the next storage period and no notice or payment has been received then the Plot shall be re-let, which will result in an Administrative Charge and a sum equivalent to the Storage Fee for the period of occupation beyond the expired Term until actual vacation of the Plot charged on a daily basis

3.7                On expiry or termination of this Agreement, if the Storer fails to remove all Vehicles and Goods from the Plot, SCS is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Condition 5. The Storer is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal and an Administration Fee. 

3.8                All sales are final and we unable to give refunds. 

3.9                Contract is not transferable.

4.1                The Storer may exercise rights:

(a)            to access the Plot during the Access Hours and subject to the terms of this Agreement only in connection with its permitted use and in a manner that is consistent with its obligations (and for the avoidance of doubt only the Storer, its immediate family or third party contractors notified in advance to SCS are permitted to access the Estate).

(b)           in accordance with all relevant laws.

5.1                SCS shall exercise the following rights: 

(a)            the right to enter the Plot for any purpose mentioned in this Agreement, at any reasonable time and, except in the case of an emergency, after having given reasonable notice (which need not be in writing) to the Storer; and

(b)            the right to sell or dispose of the Vehicle or Goods owned by the Storer. The Storer authorises SCS without further notice to refuse Storer and agents access to the Vehicle, Goods, Plot and the Estate until the amount due and other fees have been paid in full; and

(c)            the right to enter the Plot and inspect and/or remove the Vehicle and Goods to another Plot; and

(d)           the right to apply the Deposit against a debt and if insufficient to clear in full then to hold on to and ultimately sell or dispose of some or all of the Goods on the Plot.  Before SCS sells or disposes of the Goods it will give the Storer notice in writing or by email directing the Storer to pay or collect the Goods. If the Storer fails to pay the debt or collect the Goods within 7 days of the notice SCS will access the Plot and begin the process of disposing or selling the Vehicle and Goods; and

(e)            the right to sell the Vehicle and Goods as if SCS was the owner and can pass all rights of ownership in the Goods and Vehicle to the buyer; and

(f)             the right to move, dispose or sell any item that is left unattended in common areas or outside the Storer’s Plot at anytime; and

(g)           where it appears that a Vehicle or Goods have been brought on to the Estate for the purpose of being abandoned SCS may arrange disposal of the Vehicle under the provisions of the Refuse Disposal (Amenity) Act 1978 and any costs incurred by SCS in disposing of the Vehicle as well as an Administration Fee shall be recovered from the Storer.

(h)           the right to refuse to permit the Storer to store any Vehicle or Goods or require the Storer to collect any Goods if, in SCS’s opinion, storage of such Vehicle or Goods creates a risk to the safety of any person or Estate.

5.2                SCS shall not be liable for any loss or inconvenience to the Storer by reason of the exercise of any of SCS’s Rights (other than any loss or inconvenience in respect of which the law prevents SCS excluding liability).

6.1                The Storer will be solely responsible for ensuring all Goods and Vehicles on the Plot are locked so as to be secure from unauthorized entry at all times when the Storer is not present. SCS will not be responsible for locking any unlocked Vehicles. 

6.2                Procedure for if the Storer suspects fire anywhere on the premises:

(a)            If you see smoke or a small fire contact SCS staff on your phone or at the farm house, adjacent static caravan or go to the yard for assistance and call the fire brigade

(b)           Do not attempt to fight the fire yourself. If SCS staff are unreachable then alert any other people on the premises to get to safety. One person should go to the entrance at the main road with a mobile phone to ensure the fire brigade know where to go. 

6.3                Procedure for if the Storer suspects a theft is occurring:

(a)            Alert SCS staff on your phone, at the farm house or using the ring doorbell at the first gate. 

(b)           Note down the time and date of the incident so that it can be reviewed on CCTV

(c)            Ensure that you are not in any danger and allow SCS staff to deal with the problem

6.4                The Storer must prove that they are the legal owner of the Vehicle and Goods they intend to store. 

6.5                The Storer must produce at least 1 form of photo ID and 1 utility bill (or other such proof of address) dated within the previous 3 months of signing this agreement. 

6.6                The Storer must keep all Goods and Vehicles within the allocated Plot and shall not move to another Plot without prior consent from SCS. If this is not complied with then the Storer will incur an Administrative Charge. 

6.7                Plot markers shall be limited to a small sign with the name or vehicle registration only, in the ground or attached to a traffic cone. Any unsuitable Plot markers will be disposed of by SCS. 

6.8                If the Storer changes their caravan, motorhome, or other item stored at the farm then the Storer is obligated to inform SCS. Any Storer found to have changed their caravan, tow car, motorhome or other such stored item without informing SCS will incur an administrative charge. 

6.9                Any vehicle used as transport to the SCS site is solely the storer’s responsibility for the entirety of its time on site. All vehicles should be driven into the site and parked in front of the Storer’s plot and not parked anywhere else on the farm.  

6.10             The Storer must not store (or allow any other person to store) any of the following on the Plot: 

(a)            food or perishable goods as they will attract vermin;

(b)           any living creatures; 

(c)            combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; 

(i)             Exception:2 standard sized, good condition fully working gas bottles for use with caravan appliances, if they are isolated, turned off and unplugged on site and kept in correct storage compartment

(d)           firearms, explosives, weapons or ammunition; 

(e)            chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances; 

(f)             any item that emits fumes, or odours; 

(g)           any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as (inter alia) toys, electrical goods, medicines, aerosols, cosmetics, fireworks); 

(h)           goods which are environmentally harmful or that are a risk to the Estate of any person; and 

(i)             items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value. 

The Storer will be liable under Condition 7.5 for any breach of this Condition 6.6

6.11             The Storer will use the Plot solely for the purpose of storage and shall not (nor allow any other person to): 

(a)            use the Plot as offices or living accommodation or as a home, business or mailing address; 

(b)           use or do anything at the Estate or on the Plot which may be a nuisance to SCS or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Vehicle); 

(c)            use or do anything at the Estate or on the Plot which may invalidate or increase premiums under any insurance policies of SCS or any other person; 

(d)           make alterations to or attach anything to the Plot; 

(e)            cause damage to the Plot or any part of the Estate (which includes damage by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within on the Estate;

(f)             carry out major repairs to Vehicles or Goods on the Plot or Estate.  Before carrying out any minor repairs notice must be given in advance to SCS of (a) the intention to carry out minor repairs and of (b) the name of any third party required to carry out such repairs and consent must be granted before commencement of any such repairs.  Any repairs, if carried out by a third party, must be supervised by the Storer and the combination for the security gates must not be given out to any other party. If this is not complied with then this Agreement will be immediately terminated;

(g)           buy, sell or advertise on the Plot or Estate.  If this is not complied with then this Agreement will be immediately terminated.

6.12             The Storer (and ensure that its pre-approved third parties) must: 

(a)            use reasonable care on the Plot and the Estate and have respect for the Estate and other plot users 

(b)           Ensure that all gates are closed and kept locked. The Storer should not allow other people access to the site through unlocking of locked gates for the unknown third party. Any suspicious activity should be reported to SCS staff asap.

(c)            Ensure that children do not swing on the gates – it causes the post to move and the gate to sag rendering it not lockable.

(d)           inform SCS of any damage or defect immediately as discovered and comply with the reasonable directions of SCS’s employees, agents and contractors and any other regulations for the use, safety and security of the Estate as SCS may issue periodically.

(e)            must not exceed the stated 5mph speed limit on the Estate nor park on nor obstruct the driveway or the common parts of the Estate.

(f)             Any third party found to be exceeding the speed limit or obstructing the common parts of the Estate shall be asked to leave the Estate immediately and if the Storer is found to be in breach of this provision more than once then this Agreement shall be terminated immediately without notice and without refund.  It is the Storer’s responsibility to ensure any third party abides by the speed limit. 

6.13             The Storer shall keep their Vehicle and all other Goods stored on the Plot clean, tidy and in good working order. 

6.14             SCS staff operate a zero tolerance policy against abuse. Any verbal, physical, written or any other form abuse will result in immediate termination of the storage agreement. This includes, but is not limited to communication by; letter, email, social media, telephone.

6.15             This Agreement does not confer on the Storer any right to exclusive possession of the Plot and SCS reserves the right to relocate the Storer to another Plot 

6.16             If an incident occurs that requires the Plot to be closed or sealed off, SCS will give reasonable notice to the Storer of such closure (except in the case of emergency). 

 

6.17             The Storer must ensure:

(a)             the Plot is suitable for the storage of the Vehicle or Goods and is advised to inspect the Plot before storage of Goods 

(b)           The Storer is encouraged to visit the plot at least once every month. The Storer should also make necessary checks for vermin or other infestation and take steps to ensure that they prevent vermin. 

(c)            SCS makes no warranty or representation that any Plot is suitable for any particular Vehicle or Goods and accepts no liability in this regard.

6.18             The Storer must give advance notice to SCS in writing of the change of address, land line and mobile phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”). The Storer agrees SCS is entitled to discuss any default by the Storer with the ACP registered in the invoice paperwork.

6.19             Any animals brought temporarily onto the Estate must be kept inside vehicles at all times. If the animal needs to be removed from the vehicle they must be kept on a lead or inside a crate/carrier. All faeces must be picked up and removed from the Estate by the Storer.  Under no circumstances may dogs be walked on the Estate as there is livestock present on the farm and farms around.  

6.20             The Storer must insure and keep insured the Vehicle and Goods at all times while they are in storage against all normal risks for their Replacement Value. The Storer warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Goods in the Plot from time to time will not exceed the Replacement Value.

7.1                SCS will not be liable for any loss or damages suffered by the Storer resulting from an inability to access the Estate or the Plot, regardless of the cause.

7.2                SCS shall keep the Estate insured against loss or damage by fire and such other risks as SCS considers it prudent to insure against. 

7.3                The Vehicle and Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Vehicle and Goods caused by any reason. SCS excludes all liability in respect of loss or damage to:

(a)            The Storer’s business, if any, including consequential loss, lost profits or business interruption; and 

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

7.4                SCS does not insure the Vehicle or Goods.

7.5                The Storer will be liable for and compensate SCS for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by SCS or third parties (Liabilities) resulting from or incidental to:

(a)             the use of the Plot (including but not limited to the ownership or storage of Vehicles and Goods on the Plot, the Goods themselves and/or accessing the Estate); or

(b)           breach of this Agreement by the Storer or any of its Agents; or 

(c)            enforcement of any of the terms of this Agreement.

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

7.7                If the Storer has a claim against SCS then the Storer is required to provide written details to SCS within 72 hours of the Storer becoming aware of the claim.

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

8.2                If SCS has reason to believe that the Storer is not complying with all relevant laws SCS may take any action it believes to be necessary, including but not limited to the action outlined this Agreement, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Vehicles and Goods at the Storer’s expense. The Storer agrees that SCS may take such action at any time.

9.1                Notices to be given by SCS or the Storer must be in writing and must either be delivered by hand or sent by pre-paid post. SCS may also give Notice to the Storer by SMS or email and the Storer shall supply telephone numbers mobile telephone numbers and email addresses and shall be deemed to have elected to receive correspondence this way.  Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or SMS or 48 hours after posting. Notices from SCS to the Storer will be sent to the address in this Agreement or the most recent address notified to SCS.

9.2                Any notice from the Storer must be sent to SCS at the address in this Agreement. In the event that there is more than one Storer, notice to or by any single Storer is agreed to be sufficient for the purposes of any notice requirement under this Agreement.

10.1             Either party may terminate this Agreement by giving the other party notice of one month’s termination and the date of the expiry of the notice shall be the Termination Date for the purposes of this clause 10.1.  Otherwise the ‘Termination Date’ shall be the date the Term contractually expires.

10.2             In the event of illegal or environmentally harmful activities on the part of the Storer or a breach of this Agreement (which, if it can be put right, the Storer has failed to put right within 14 days of notice from SCS to do so), SCS may terminate the Agreement immediately by notice. 

10.3             The Storer must remove all Vehicles and Goods on the Plot before 5.00pm on the Termination Date however it occurs and leave the Plot in a clean condition and in a good state of repair to the satisfaction of the SCS.

10.4             In the event that Vehicles, Goods and/or refuse are left on the Plot after the Termination Date, Condition 5 will apply. The Storer must pay any outstanding Storage Fees and any expenses in default or any other moneys owed to SCS up to the Termination Date (however it occurs). Any calculation of the outstanding fees will be by SCS and shall be final and binding (save in the case of manifest error) . If SCS enters the Plot for any reason and there is no Vehicle or Goods stored on it, SCS may terminate the Agreement without giving prior Notice but will send Notice to Storer within 7 days of such termination.

11.1             SCS may vary the Storage Fee, Administration Fee, Late Payment Fee or other terms of this Agreement and add new terms and conditions; the latest copy of these terms and conditions will be made available to the Storer on request, or, where applicable, through docusign or similar online service, or can obtain a printed copy by talking to a member of staff whilst on site, or will be presented with one on the renewal date. The Storer may terminate without charge before the change takes effect by giving notice. Otherwise, the Storer’s continued use of the Unit will be considered as acceptance of and agreement to the amended terms.