MOO SELF STORAGE

TERMS AND CONDITIONS

 

1. DEFINITIONS

In these Terms and Conditions:
“Commencement Date” means the date specified in the Order for the commencement of the hire of the Container;
“Container” means the storage container(s) including lock and keys hired to the Customer by MOO as specified in the Order;
“Contract” means the Order and these Terms and Conditions;
“Customer” means the person, company or firm specified in the Order;
“Deposit” means the sum of money stipulated in the Order to be paid prior to the Commencement Date in accordance with clause 5.1;
“Goods” means moveable property owned by, or under the control of, the Customer, to be stored in the Container;
“Licence Fee” means the sum of money payable for the hire of the Container as set out in the Order;
“Order” means the order for the Container which is governed by these Terms and Conditions;
“Site” means the container depot at Unit 3, Muir of Ord Industrial Estate, Great North Road, Muir of Ord, IV6 7UA or such other address as MOO may from time to time notify;
“Termination Date” means the date specified in the Order, or if a date is not specified in the Order, the date on which the keys are returned to MOO and the Container is completely emptied of the Customer’s property including refuse;
“Terms and Conditions” mean these terms and conditions of storage as amended from time to time.

 

2. APPLICATION OF TERMS AND CONDITIONS

2.1         These Terms and Conditions alone (as varied in accordance with clause 17) shall govern and be incorporated into the Contract. They shall apply in place of and prevail over any terms or conditions contained or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade custom, practice or course of dealing.

2.2         An Order from the Customer shall be deemed to be an offer by the Customer to licence a Container subject to these Terms and Conditions.

2.3         No Order shall be deemed to be accepted by MOO until an acknowledgement by email or in writing is issued by MOO or (if earlier) the Customer accepts a Container.

2.4         Acceptance by the Customer of a Container shall be deemed to constitute unqualified acceptance of these Terms and Conditions.

2.5         Any quotation by MOO does not constitute an offer and the Contract will only come into existence when MOO accepts an Order in accordance with clause 2.3.

 

3. LICENCE

3.1         MOO grants the Customer a licence to use the Container for the purpose of storage of Goods. This licence is personal to the Customer and the rights thereunder may only be exercised by the Customer and its authorised employees and agents, subject to MOO reserving the right to refuse such third parties permission to do so.

3.2         The Customer may use the Container at any time during the term of the Contract subject to clauses 6.1 and 7.5.

3.3         The Customer agrees that they are responsible for ensuring that any person acting on their behalf under this licence does so only in accordance with its terms.

3.4         Nothing in this Agreement shall operate to grant the Customer a tenancy or exclusive possession of the Container or create any interest in land.

 

 

4. CUSTOMER’S OBLIGATIONS

4.1         The Customer shall use the Container for storage of the Goods only, and shall not carry out any activity at the Container or on the Site other than those associated with loading, unloading and storage of the Goods. In particular, the Customer shall not carry on any business or trade from the Container.

4.2         The Customer shall not store anything on MOO’s list of prohibited goods which forms part of these Terms and Conditions, or any items which MOO informs the Customer are not appropriate for storage in a Container. MOO may amend list of prohibited goods from time to time in accordance with clause 17.1.

4.3         The Customer shall comply with all reasonable rules and regulations relating to the Site and storage of the Goods as notified by MOO from time to time, including but not limited to fire regulations and health and safety requirements.

4.4         The Customer shall not do or allow anything to be done at the Container or on the Site which may cause nuisance or annoyance to MOO, other customers of MOO or persons authorised by MOO.

4.5         The Customer shall take reasonable care of the Container, make good and pay for all damage caused by the Customer to any person or property including the Container, any other container or the Site. For the avoidance of doubt, the Customer shall remove all refuse resulting from their activities on the Site and maintain the Container and the area around it in good order.

4.6         The Customer shall not assign or otherwise transfer the licence, or grant any sub-licences in respect of the Container, or allow any other person into occupation or possession of the Container.

 

5. FEES AND PAYMENT

5.1         The Customer shall pay the Deposit as security for the performance of these Terms and Conditions. The Deposit is due and payable in cash, by debit/credit card or (at MOO’s discretion) cleared cheque on or before the Commencement Date. The Customer is not entitled to offset the Deposit against any fees, charges or interest due by the Customer at any time. Provided that the Container is properly vacated, MOO will refund the Deposit (without interest) following termination of the Contract less any amount MOO deducts to cover any Licence Fee which has not been paid, any lost keys, any clean up or removal or other charges which the Customer may incur in respect of any obligation to MOO which has not been properly performed.

5.2         The Customer shall pay the Licence Fee by standing order in advance for each calendar month. The Customer shall pay the first instalment on or before the Commencement Date and each subsequent instalment on or before the start of the next calendar month.

5.3         MOO reserves the right to charge interest on payments not made on their due dates under the Contract from the due date up to the date of payment (before and after judgment) at the rate of 4% above the base rate from time to time of Royal Bank of Scotland plc.

5.4         The Licence Fee is quoted exclusive of VAT. No VAT is chargeable on the Deposit.

5.5         MOO is entitled to increase the Licence Fee on not less than 28 days’ notice to the Customer. The Customer is entitled to terminate the Contract without penalty under clause 12.2 if they object to this.

 

6. ACCESS RIGHTS

6.1         MOO may, upon reasonable notice to the Customer (except in emergencies as determined by MOO in their sole discretion, where no notice will be given and forced entry may be necessary), access the Container to inspect, test, repair or maintain the Container.

6.2         Where any local, national, regulatory or criminal justice authority requires access to a Container for inspection purposes, MOO shall be entitled to grant them access to such Container. MOO shall not be required to verify the inspection rights of any such authority.

6.3         MOO has the right to remove locks, enter the Container without permission and deny the Customer access to the Container in the event that the Customer fails to comply with the terms of the Contract or if MOO suspects the Customer is not complying herewith. In particular MOO has the right to deny the Customer access to the Container and enter the Container in the event of late or non-payment of the Licence Fee.

6.4         After entering the Container, MOO may (but is not obliged to) make an inventory of the Goods.

 

7. MAINTENANCE AND REPAIR

7.1         The Customer shall be responsible for maintaining the Container to the standard it was at the Commencement Date, for using the Container in a reasonable manner and returning the Container on the Termination Date in good condition (fair wear and tear excepted).

7.2         The Container and the appearance thereof must not be altered or modified by the Customer in any way.

7.3         The Customer shall not attempt to repair the Container and shall inform MOO immediately of any damage or repairs needed.

7.4         MOO will deal with repairs as soon as reasonably practicable or, at its discretion and subject to availability, MOO may offer an alternative Container.

7.5         MOO reserves the right to suspend further use by the Customer of the Container in need of repair until such repairs are carried out. The Customer shall be entitled to terminate the Contract in accordance with clause 12.2 if they object to this.

 

8. MOVING THE GOODS

8.1         The Customer agrees, if required by MOO upon 14 days’ notice, to move the Goods from the Container to another container of equivalent size and standard. The Customer may terminate the Contract under clause 12.2 if it objects to this.

8.2         If the Customer fails to move the Goods when asked to do so, or in the case of emergency (to be determined at MOO’s sole discretion) when no notice will be given, the Customer hereby permits MOO to move the Goods to another container at MOO’s own cost provided that MOO shall not gain any interest in, or become responsible for the Goods and will remove and hold them at the Customer’s risk. MOO shall notify the Customer by email if MOO exercises its rights under this clause.

8.3         MOO will not be liable for any damage to any lock which MOO removes or the cost of its replacement or for any loss or damage to the Goods or any losses which the Customer may incur as a result of moving the Goods under this clause 8.

 

9. NO WARRANTY

MOO gives no warranty as to the suitability of the Container for the Customer’s requirements and shall take no steps to check the Goods or verify that they are suitable for storage in a Container. The Customer shall inspect the Container in advance of the Commencement Date and periodically thereafter to ensure that the Container is suitable for the Customer’s requirements.

 

10. INSURANCE

The Customer is responsible for arranging insurance for the Goods to be stored in the Container against all risks at a level not less than the full replacement value of the Goods, and for maintaining the cover at all times the Goods remain on Site. MOO accepts no liability for loss caused as a result of the Customer’s failure to insure the Goods.

 

11. LIABILITY

11.1       The Customer agrees that storage of the Goods in the Container remains at the sole risk of the Customer. MOO shall not be liable for any loss or damage to the Goods caused by any event which should be covered by the Customer’s insurance, nor for any loss or damage suffered by the Customer in the event that suitable insurance cover was not in place.

11.2       MOO’s entire liability for direct loss under the Contract, whether for negligence, breach of contract, misrepresentation or otherwise, is limited in respect of each event or series of connected events, to the Licence Fee payable under the Contract.

11.3       MOO is not liable to the Customer, whether for negligence, breach of contract, misrepresentation or otherwise, for:

11.3.1    loss or damage incurred by the Customer as a result of claims, actions or omissions of any third party;

11.3.2    indirect or consequential losses incurred by the Customer including, but not limited to, loss of profit, data, earnings, revenue, turnover, anticipated savings, goodwill, business opportunities or other forms of economic loss.

11.4       The Customer agrees that given:

11.4.1    the availability of insurance to protect the Goods;

11.4.2    the fact that MOO has taken no steps to verify the Customer’s usage of the Container;

11.4.3    the fact that MOO has no means of evaluating the Customer’s risk; and

11.4.4    the potentially large difference between the Licence Fee paid and the damage which the Customer may suffer;

the exclusions and limitations of liability in this clause 11 are fair and reasonable.

11.4       Nothing in the Contract or these Terms and Conditions shall operate to exclude or restrict MOO’s liability for death or personal injury caused by its own negligence.

11.5       Where the Customer is dealing as a consumer, nothing in the Contract or these Terms and Conditions shall affect the statutory rights of the consumer.

 

 

12. TERM AND TERMINATION

12.1       The Contract shall commence on the Commencement Date and, unless terminated earlier in accordance with this clause, continue in force until the Termination Date. Where the Contract is longer than three calendar months or there is no Termination Date specified, the Contract shall remain in force until terminated by the either party giving not less than one month’s notice of termination.

12.2       Subject to clause 12.1 above, the Contract can be terminated by either party giving to the other party not less than one week’s notice at any time after the first week of hire.

12.3       MOO shall be entitled to terminate the Contract without notice where the Customer:

12.3.1    does not comply with any obligation imposed by law;

12.3.2    is in material breach of the Contract (including any failure to make payments);

12.3.3    is bankrupt, insolvent, or otherwise unable to pay its debts or having no reasonable prospect of being able to pay them.

 

13. CONSEQUENCES OF TERMINATION

13.1       The Customer must return the Container to MOO at the Termination Date empty and in good condition (fair wear and tear excepted). The Customer is liable for any reasonable costs incurred by MOO in removing and disposing of any property left behind by the Customer and restoring the Container to good condition.

13.2       If the Customer has failed to remove the Goods from the Container 14 days after the Termination Date, MOO is entitled to recover its costs by taking an inventory and auctioning such Goods provided that MOO shall give the Customer reasonable notice of the date and time of sale and use reasonable endeavours to procure the best price with any surplus funds to be refunded to the Customer after MOO’s costs are paid.

13.3       If the Contract is terminated by the Customer in accordance with clause 12.2, the Customer will be entitled to a refund of the part of the rent paid for each complete 7-day period that the Container is properly vacated from the Termination Date.

13.4       If the Contract is terminated by MOO in accordance with clause 12.3, the Customer will not be entitled to a refund of rent paid.

 

14. EVENTS OUTSIDE MOO’S CONTROL

14.1       MOO is not liable to the Customer if MOO for any delay or failure to perform its obligations under the Contract where such delay or failure is caused by an event outside MOO’s reasonable control, including but not limited to industrial action, labour dispute, acts of God, riots, war, civil commotion, malicious damage, compliance with any law or governmental or court order, ruling, regulation, instruction, direction or statutory obligation, failure of plant or machinery, fire, flood, storm or other adverse weather conditions, cut or failure of power, equipment, systems or software, siege, act of terrorism, police or security alert or any resulting precautionary measures taken.

14.2       If MOO declares that such an event has occurred, its obligations shall be suspended save that MOO will take all reasonable steps to bring the event to a close.

14.3       If, after one month, the event has not ceased, either party shall be entitled to terminate the Contract in accordance with clause 12.2.

 

15. NOTICE

15.1       Any notice by either party under the Contract shall be served to the other party by post or email at the addresses set out in the Order. In proving service, it shall be sufficient to produce a recorded delivery postal receipt or email delivery report.

15.2       The Customer undertakes to inform MOO of any change of its postal or email addresses.

 

16. ASSIGNMENT/TRANSFER

16.1       The Customer may not assign or transfer any of their rights or obligations under the Contract to another party.

16.2       MOO may assign all or any of its rights and obligations under the Contract to another organisation, provided that such assignment shall not affect the Customer’s rights under the Contract.

 

17. VARIATION

17.1       MOO may amend the Terms and Conditions from time to time. MOO will give the Customer reasonable notice of any amendments by email and the Customer will be entitled to terminate the Contract in accordance with clause 12.2 prior to any such amendment taking effect.

17.2       Subject to clause 17.1 above, no variation to the Terms and Conditions or to the Contract will be effective unless in writing and signed by a director or other authorised person of MOO.

 

 

 

18. DATA PROTECTION

The Customer authorises MOO to use any personal data the Customer provides to them solely for administrative purposes in connection with MOO’s proper performance of the Contract.

 

19. ENTIRE AGREEMENT

The Contract, incorporating these Terms and Conditions, sets out the entire agreement between MOO and the Customer. The Customer has not relied on any other oral or written statement made by any person in deciding to enter into the Contract.

 

20. JOINT AND SEVERAL LIABILITY

Where more than one person or entity constitutes the Customer, their liability under the Contract shall be joint and several.

 

21. SEVERANCE

If any court or competent authority decodes that any clause in this Contract is invalid, unlawful or unenforceable to any extent, such clause shall, to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

 

22. GOVERNING LAW AND JURISDICTION

This Contract shall be governed by Scots law and the parties submit to the exclusive jurisdiction of the Scottish courts.