STORAGE: 1. So long as all fees are paid up to date, Storer: (a) is licensed to store Goods in the Unit allocated to Storer by BROOK STORAGE NORTH WALES LTD from time to time and only in that Unit; (b) is deemed to have knowledge of the Goods in the Unit; and (c) warrants that it is the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent BROOK STORAGE NORTH WALES LTD the owner. 2. BROOK STORAGE NORTH WALES LTD: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee or a custodian non a warehouseman of the Goods and Storer acknowledges that BROOK STORAGE NORTH WALES LTD does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit. COST: 3. Storer must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deduc-tion for any unpaid Fees, repairs, cleaning or other charges to put right any breach of this Agreement by Storer) will be refunded by cheque or electronic transfer within 21 days of expiry or termination of this Agreement. 4. Storer is responsible to pay: (a) the Storage Fee (being the amount set out in the cover sheet or as most recently notified to Storer by BROOK STORAGE NORTH WALES LTD) payable in advance on the first day of each storage period, first of calendar month, and it is Storer's responsibility to see that payment is made directly to BROOK STORAGE NORTH WALES LTD on time and in full throughout the period of storage. BROOK STORAGE NORTH WALES LTD does not normally bill BROOK STORAGE NORTH WALES LTD fees. Any Storage Fees paid by direct debit will not be credited to Storer's account unless the Storer identifies the payment clearly and as directed by BROOK STORAGE NORTH WALES LTD and BROOK STORAGE NORTH WALES LTD shall have no liability to and shall be indemnified by Storer if BROOK STORAGE NORTH WALES LTD takes steps to enforce the Agreement (including the sale of Goods) due to the Storer's failure to identify a payment. BROOK STORAGE NORTH WALES LTD will not accept that payment has been made until it has received cleared funds and, if a cheque or direct debit is dishonoured, may charge the Return Fee; No refunds will be given for pre- paid rental payments. (b) the Cleaning Fee, to be invoiced at BROOK STORAGE NORTH WALES LTD's discretion in circumstances scribed in this Agreement; (c) a Late Payment Fee each time a payment is at 10% from the Due Date to the date of actual payment; (d) any costs incurred by the BROOK STORAGE NORTH WALES LTD in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees; and (e) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where Storer has more than one agreement with BROOK STORAGE NORTH WALES LTD, all will form one account with BROOK STORAGE NORTH WALES LTD and BROOK STORAGE NORTH WALES LTD may in its sole discretion elect to apply any payment made by or on behalf of Storer on this agreement against the oldest Debt due from Storer to BROOK STORAGE NORTH WALES LTD on any agreement in the account. STORAGE NORTH WALES LTD takes the issue of prompt payment very seriously and has a right of lien. Regardless of Condition 35, if any sum owing to BROOK STORAGE NORTH WALES LTD is not paid when due, Storer authorises BROOK STORAGE NORTH WALES LTD without further notice to: (a) refuse Storer and its agents access to the Goods, the Unit and the Facility and overlock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Storer for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, exercise a lien over and/or sell or dispose of some or all of the Goods in accordance with Condition 7. Storer acknowledges that (a)BROOK STORAGE NORTH WALES LTD shall be entitled to continue to charge storage. From the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of, BROOK STORAGE NORTH WALES LTD excludes any liability in respect of the Goods and any duty of care however it may arise; (b) BROOK STORAGE NORTH WALES LTD will sell the Goods as if BROOK STORAGE NORTH WALES LTD was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Storer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Storer has received will be payable by Storer in full. 6 On expiry or termination of this Agreement, if Storer fails to remove all Goods from the Unit, BROOK STORAGE NORTH WALES LTD is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 7 to 9. Storer is liable for Storage Fees from the period from abandonment to the sale or disposal of the Goods (Debt 7. Before BROOK STORAGE NORTH WALES LTD sells or disposes of the Goods, it will give Storen notice in writing directing Storer to pay (if Storer is in default) or collect the Goods (if they are
DEFAULT RIGHT TO SELL OR DISPOSE OF GOODS: 5. BROOK
apply a padlock to the Unit in BROOK STORAGE NORTH WALES deemed abandoned This notice will be sent by registered or LTD's overlocking position and BROOK STORAGE NORTH WALES recorded delivery to the address last notified by Storer to BROOK LTD may have any such padlock forcefully cut off at Storer's STORAGE NORTH WALES LTD in writing and by email if you have elected not to receive traditional mail. If no address within theexpense. Where applicable, Storer will secure the external gates UK has been provided, BROOK STORAGE NORTH WALES LTD willand/or doors of the Facility. 17. Storer must not store (or allow use any land or email address it holds for Storer and any ACP. Ifany other person to store) any of the following in the Unit: (a) Storer fails to pay the Debt and/or collect the Goods (asfood or perishable goods; (b) any living creatures; (c) combustible appropriate) within one month of this notice BROOK STORAGEor flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons NORTH WALES LTD will access your space and begin the process to sell or dispose of the Goods. Storer consents to and authorisesor ammunition; (e) chemicals, radioactive materials, biological the sale or disposal of all Goods without further notice regardlessagents; toxic waste, asbestos or other potentially hazardous of their nature or value. BROOK STORAGE NORTH WALES LTD substances; (f) any item that emits fumes, or odours; (g) any will sell the Goods for the best price reasonably available in theillegal item or substances or goods illegally obtained including open market, into account the costs of BROOKillicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, STORAGE NORTH WALES LTD may also require payment of default action costs, including any costs associated withcosmetics, fireworks); (h) goods which are environmentally accessing the Unit and disposal or sale of the Goods, which shallharmful or that are a risk to the property of any person; and (i) currency; (j) jewellery; (k) furs; (I) deeds; certificates or other be added to the Debt. 8. Sale proceeds will be applied first against the cost of moval and sale of Goods and second tosimilar legal documents;(m) paintings; (n) curios; and (o) works pay the Debt. If sale proceeds do not discharge all of these costsof art. Storer will be liable under Condi- 28 for any breach of and the Debt, Storen must payBROOK STORAGE NORTH WALES this Condition 17. 18. Storer will use the Unit solely for the LTD the balance within 7 days of a written demand from BROOK purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, STORAGE NORTH WALES LTD. Interest will be charged on the balance until payment in full has been made. BROOK STORAGE business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to BROOK STORAGE NORTH WALES LTD may take action to recover the balance and any legal and administration costs incurred in doing so. If sale NORTH WALES LTD or any other person (including the escape of proceeds exceed the amount due from Storer, BROOK STORAGEany substance or odour from or generation of noise or vibration NORTH WALES LTD will hold the balance for the Storer but nowhich may be heard or felt outside the Unit); (c) use or do interest will accrue on it. 9. If, in the opinion of BROOK STORAGEanything at the Facility or in the Unit which may invalidate or NORTH WALES LTD and entirely at the discretion of BROOKincrease premiums under any insurance policies of BROOK STORAGE NORTH WALES LTD or any other person; (d) paint or STORAGE NORTH WALES LTD, a defaulting Storer's Goods are either not saleable, fail to sell when offered for sale, or are not of make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or sufficient value to warrant the expense of attempting to sell, Storer authorises BROOK STORAGE NORTH WALES LTD to treatservices to the Unit unless authorised in writing by BROOK the Goods as abandoned and BROOK STORAGE NORTH WALESSTORAGE NORTH WALES LTD; or (f) cause damage to the Unit or LTD may dispose of all Goods by any means at Storer's cost. any part of the Facility (which includes by removal, haulage or BROOK STORAGE NORTH WALES LTD may dispose of Storer'sdelivery contractors) or create any obstruction or leave items or Goods in the event that Goods are damaged due to fire, flood orrefuse in any common space within the Facility. 19. Storer must other event that has rendered them, in the opinion of the BROOKmaintain the Unit by ensuring it is clean and in a state of good STORAGE NORTH WALES LTD, severely damaged, of norepair. In the event of uncleanliness of or damage to the Unit or commercial value, or dangerous to persons or property. BROOKFacility, BROOK STORAGE NORTH WALES LTD will be entitled to retain the Deposit, charge a Cleaning Fee, and/ or claim full STORAGE NORTH WALES LTD does not need the prior approval of Storer to take this action but will send Notice to Storer within 7reimbursement from the Storer of the reasonable costs of days. 10. Any items left unattended in common areas or outsiderepairs, replacement, restoration, proper compensa-ti or the Storer's Unit at any time may at BROOK STORAGE NORTHdisposal of refuse. 20. Storer must (and ensure that its Agents) WALES LTD's discretion be moved, sold or disposed ofuse reasonable care on site and have respect for the Facility and immediately with no liability to BROOK STORAGE NORTH WALESother unit users, inform BROOK STORAGE NORTH WALES LTD of LTD. ACCESS: 11. Storer has the right to access the Unit during any damage or defect immediately it is discovered and comply Access Hours as posted by BROOK STORAGE NORTH WALES LTDwith the a-sonable directions of BROOK STORAGE NORTH and subject to the terms of this Agreement. BROOK STORAGE WALES LTD's employees, agents and contractors and any other regulations for the use, safety and security of the Facility as NORTH WALES LTD will try to provide advance warning of changes to Access Hours by notice at the Facility but reservesBROOK STORAGE NORTH WALES LTD shall issue periodically. the right to change Access Hours temporarily to other reasonable21. This Agreement does not confer on Storer any right to times without giving prior notice. 12. Only Storer or othersexclusive possession of the Unit and BROOK STORAGE NORTH authorised or accompanied by Storer (its Agents) may access theWALES LTD reserves the right to relocate Storer to another Unit Unit. Storen is responsible for and liable to BROOK STORAGEnot smaller than the current Unit (a) by giving 14 day's notice during which the Storer can elect to terminate their agree-me NORTH WALES LTD and other users of the facility for its own actions and those of its Agents. BROOK STORAGE NORTH WALESunder Condition 3 or (b) on shorter notice if an incident occurs LTD may (but is not obliged to) require proof of identity fromthat requires the Unit or section where it is located to be closed or sealed off. In these circumstances, BROOK STORAGE NORTH Storer or any other person at any time and, at STORAGE VAULT LIMITED's sole discretion, may refuse access to any person whoWALES LTD will pay Storer's reasonable costs of removal if is unable to produce satisfactory proof. 13. BROOK STORAGEapproved in writing by BROOK STORAGE NORTH WALES LTD in NORTH WALES LTD may refuse Storer access to the Unit and/oradvance of removal. If Storer does not arrange removal by the date specified in BROOK STORAGE NORTH WALES LTD's notice, the Facility where moneys are owing by Storer to BROOK then Storer authorises BROOK STORAGE NORTH WALES LTD and STORAGE NORTH WALES LTD, whether or not a formal demand for payment has been made, or if BROOK STORAGE NORTHits agents to enter Unit acting as Storer's agents and at Storer's WALES LTD considers the safety or security of any person, unit orrisk (except for damage caused wilfully or negligently which is goods on or at the Facility will be put at risk. 14. Storer shouldsubject to the limitations in Condition 26 Following removal this agreement will be varied by substitution of the new Unit number not leave a key with or permit access to the Unit to any person other than its own Agent who is responsible to Storer and subject to its control. If Storer does so, it does so at its own risk. 15.force for the original Unit at the time of the removal. 22 Storer must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and is advised to inspect the Unit agents and contractors to enter the Unit in the following before storing Goods and periodically during the period. circumstanc- and to break the lock if reasonably necessary to gain entry: (a) on not less than 7 days' notice to inspect or carry BROOK STORAGE NORTH WALES LTD makes no warranty or out repairs or alterations to the Unit or any other part of the representation that any unit is suitable for any particular goods Facility; (b) without prior notice (but with notice as soon as and accepts no liability in this regard. 23BROOK STORAGE practicable after the event) in the event of an emergencyNORTH WALES LTD may refuse to permit Storer to store any (including for repair or alteration) or to prevent injury or damageGoods or require Storer to collect any Goods if in its opinion to persons or property; or if BROOK STORAGE NORTH WALESstorage of such Goods creates a risk to the safety of any person LTD believes the Unit is being used to store prohibited goods oror property. 24 Storer must give Notice to the BROOK STORAGE for a prohibited purpose; or if BROOK STORAGE NORTH WALES NORTH WALES LTD in writing of the change of address, phone LTD is obliged to do so by law, by the Police, Fire Services,numbers or email address of the Storer or the Alternate Contact Person ("ACP") within 7 days of any change. RISK AND Trading Standards, HM Revenue & Customs, competent authority or by a Court Order; or to relocate the Goods or exercise BROOKRESPONSIBILITY: 25. BROOK STORAGE NORTH WALES LTD will STORAGE NORTH WALES LTD's lien or power of sale or disposalnot be liable for any loss or damages suffered by Storer resulting in accordance with this Agreement. STORER'Sfrom an inability to access the Facility or the Unit, regardless of RESPONSIBILITIES: 16 Storer will be solely responsible forthe cause. 26. The Goods are stored at the sole risk and providing a secure padlock for the Unit and ensuring it is lockedresponsibility of Storer who shall be responsible for and bear the so as to be secure from unauthorised entry at all times when therisk of Storen is not in the Unit.BROOK STORAGE NORTH WALES LTD will not be respon-si for locking any unlocked Unit. Storer is not permitted to