Storage Agreement - Online Template Form - Word and PDF Pro · UK-law
✓ Valid in United Kingdom · drafted to comply with local law
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The parties to this Agreement are advised that signature of this document has legal consequences. Where either party is unsure of, or does not understand, the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek independent legal advice before signing.
STORAGE AGREEMENT
This STORAGE AGREEMENT is made on: ________
BETWEEN
§1. PARTIES
1.1. The Owner
________ (company registration number, if applicable: ________) of:
________
(hereafter "the Owner").
1.2. The Licensee
________ (company registration number, if applicable: ________) of:
________
(hereafter "the Licensee").
The parties hereby agree as follows:
§2. DEFINITIONS AND INTERPRETATION
2.1. Definitions
In this Agreement, unless the context otherwise requires:
2.1.a. "Agreement" means this document together with any document supplemental to, collateral with, or entered into in accordance with it.
2.1.b. "Property" means the property owned and/or controlled by the Owner at the following address:
________
2.1.c. "Storage Space" means the allocated space at the Property which the Licensee shall use under this Agreement, as further described in the clause titled Allocation of Storage Space.
2.1.d. "Owner" means the person specified as the Owner under this Agreement and any and all persons deriving title from them.
2.1.e. "Licensee" means the person specified as the Licensee and any personal representatives of them.
2.1.f. "the period of this Agreement" means the duration for which use of the Storage Space is granted to the Licensee as specified in this Agreement, together with any continuation thereof.
2.1.g. "the start date" means ________.
2.1.h. "Data Protection Laws" means all laws, statutes, regulations and other rules applicable to the processing of personal data to which a party is subject, including the UK GDPR (Regulation (EU) 2016/679 as retained in UK law by virtue of the European Union (Withdrawal) Act 2018) and the Data Protection Act 2018, and any modification thereof.
2.1.i. "Jointly and Severally Liable" means that, where more than one individual constitutes the Owner, each shall be fully liable for the obligations of the others to the Licensee under this Agreement; and where more than one individual constitutes the Licensee, each shall be fully liable for the obligations of the others to the Owner under this Agreement.
2.1.j. "Storage Charge" means the amount payable by the Licensee to the Owner as set out under this Agreement.
2.2. Interpretation
2.2.a. Words importing one gender shall include all other genders.
2.2.b. Words importing the singular shall include the plural and vice versa; where two or more persons are included in the expression "the Licensee", their obligations shall be binding jointly and severally on them and their respective representatives and executors.
2.2.c. Reference to any Act of Parliament shall include any modification, re-enactment, amendment or extension thereof for the time being in force, and all orders, regulations, directions, permissions, bye-laws and instruments made or given thereunder.
2.2.d. Where any obligation on the Licensee provides for the Licensee not to do an act, this shall include an obligation not to permit such act and to prevent any such act being done by a third party.
2.2.e. Any reference to the consent or approval of the Owner shall mean such consent or approval given in writing executed by or on behalf of the Owner.
2.2.f. Any reference to the right of the Owner to access the Storage Space shall extend to any persons authorised on behalf of the Owner, including workmen, contractors, agents and professional advisers.
2.2.g. The headings in this Agreement are for convenience only and shall not affect its interpretation.
§3. PURPOSE
The Owner shall, upon payment of the Storage Charge and any other sums due or which may become due under this Agreement, make and keep available to the Licensee the Storage Space for the sole purpose of storing the Licensee's goods and possessions.
§4. PERIOD OF THE AGREEMENT
4.1. This Agreement shall commence on the start date and shall continue for a minimum period of one month, and thereafter on a monthly basis, until terminated by either party giving to the other not less than ________ written notice prior to the intended termination date.
4.2. Upon termination, regardless of the reason, the Licensee shall remove all of their goods from the Storage Space, and all keys, security and access devices to the Storage Space and/or the Property shall be returned to the Owner.
4.3. Where the Licensee fails to remove their goods within ________ of termination, the Owner shall be entitled to deal with such goods in accordance with the provisos set out at §10 of this Agreement.
§5. ALLOCATION OF STORAGE SPACE
5.1. Upon payment of the Storage Charge, the Licensee shall be entitled to store their goods and belongings in the following Storage Space at the Property:
________
or any other space which the Owner may allocate to the Licensee on notice from time to time, at the Owner's sole discretion.
5.2. The Licensee acknowledges, in signing this Agreement, that the Storage Space is fit and suitable for the Licensee's purposes and for the storage of their goods.
§6. PAYMENTS
6.1. All payments under this Agreement shall be made by: ________.
6.2. The Storage Charge shall be payable by the Licensee to the Owner on a monthly basis for the period of the Agreement. The Licensee shall pay the Owner the amount of £________ (________) per month, the first payment being due on or before ________, and each subsequent monthly payment falling due on the same day of each calendar month thereafter.
6.3. The Owner shall invoice the Licensee each month for the Storage Charge and any other relevant charges. The Licensee agrees to comply with the Owner's payment terms and acknowledges that failure to do so shall constitute a breach of this Agreement.
6.4. Where the Licensee fails to pay the Storage Charge, the Owner may serve upon the Licensee a notice for payment or removal from the Storage Space. Where the Licensee is in arrears of the Storage Charge, the Owner reserves the right to suspend the Licensee's right of access to the Property and use of the Storage Space.
6.5. On or before the start date, the Licensee shall pay to the Owner a deposit of £________ (________). The Owner shall provide a receipt for the deposit, which shall not bear interest.
6.6. The Owner shall be entitled to apply any part of the deposit to remedy any breach of obligation by the Licensee, or to remedy any damage or injury to the Property or the Storage Space caused by the Licensee or any persons connected with them.
6.7. The deposit, or any remaining balance, shall be returned to the Licensee within fourteen days of the date on which this Agreement terminates, provided the relevant notice period has been given.
6.8. Where this Agreement is terminated by the Owner as a result of the Licensee being in arrears, or where the Licensee becomes insolvent, makes any arrangement with creditors, or suffers any enforcement to be brought against the Storage Space or its contents, the Owner may retain the deposit, and the Licensee shall forfeit any right to its return, without prejudice to the Owner's other rights and remedies.
§7. OWNER'S OBLIGATIONS
7.1. The Owner shall, upon payment of the Storage Charge and any other sums due, make and keep available to the Licensee the Storage Space for the period of this Agreement for the sole purpose of storing the Licensee's goods and possessions.
7.2. The Owner shall ensure that the Storage Space is fit and suitable for the storage of the Licensee's goods at the start date, and shall use reasonable endeavours to keep the Property and the Storage Space in a reasonable state of repair throughout the period of this Agreement.
7.3. The Owner shall provide the Licensee with reasonable access to the Storage Space during such hours and in such manner as the Owner may from time to time determine, provided the Licensee is not in arrears of any sums due and is not otherwise in breach of this Agreement.
7.4. Each party shall comply with its respective obligations under the Data Protection Laws in respect of any personal data processed in connection with this Agreement, and shall process such data only for the purposes of performing this Agreement.
§8. LICENSEE'S OBLIGATIONS
8.1. The Licensee shall keep the Storage Space in good and clean condition, free from damage or injury, and shall not do or permit any act on the Property which may render any insurance policy void or voidable or increase the rate of premium.
8.2. The Licensee and any persons connected with them shall comply with all relevant legislation and regulations relating to the goods and their storage, and shall follow all fire, safety and security precautions, regulations or instructions displayed by the Owner or as directed by the Owner, and shall keep the Storage Space safe and secure at all times.
8.3. Where the Licensee intends to receive a delivery to the Storage Space, the Licensee shall ensure that they or a person connected with them is available to receive and store it safely and securely.
8.4. The Licensee undertakes and warrants to the Owner from the start date and throughout the period of this Agreement that:
8.4.a. they are the owner of, and/or entitled to lawful possession of, the goods stored in the Storage Space from time to time;
8.4.b. they shall not store, or allow to be stored, in the Storage Space any of the following:
I. perishable goods or foods, unless securely packaged so as not to attract vermin;
II. animals, birds, fish, insects or any other living creatures;
III. weapons, firearms, ammunition or explosives;
IV. illegal substances, items or goods, or any items obtained illegally;
V. any combustible items, materials or liquids such as fuels, oil or solvents;
VI. toxic waste, asbestos or any other harmful or dangerous materials;
VII. any goods which emit fumes, smells or odours.
8.4.c. all goods stored shall be properly packaged and stored securely.
8.5. The Licensee shall, before receiving a delivery, inform the Owner of any necessary steps or precautions required to ensure the safe delivery and storage of such goods owing to their nature.
8.7. Where the Storage Space suffers any damage or destruction, the Licensee shall immediately notify the Owner, providing details of the extent, scale and cause thereof, and shall immediately inform the Owner of any defect found in the Storage Space or the Property.
8.8. The Licensee shall indemnify and keep the Owner indemnified against:
8.8.a. all demands, claims or proceedings arising from any dispute regarding ownership of, or entitlement to, the goods stored, or the dangerous, infectious or contagious nature of the goods, and all costs, expenses, damages and loss suffered as a result;
8.8.b. all claims arising from damage or injury caused to the Storage Space, the Property, any persons connected with the Owner, or any other goods, by the Licensee or persons connected with them;
8.8.c. any costs, charges or claims arising from the use of the Storage Space by the Licensee or persons connected with them; and
8.8.d. any loss incurred by the Owner due to water damage or leakage from goods stored, or incurred by the Licensee smoking in the Storage Space.
8.9. The Licensee shall allow the Owner access to the Storage Space at all reasonable times throughout the period of the Agreement, and in an emergency at any time, for the purposes of repair, inspection, cleaning, or where the Owner reasonably believes entry is required in the interests of safety or to prevent damage. Where any goods are damaged in the course of such access, the Owner shall not be liable save to the extent such damage is caused by the negligence of the Owner or any persons connected with them.
8.10. The Licensee shall not, unless agreed with the Owner, deduct or set off any amounts due to them against any payments due under this Agreement.
8.11. This Agreement is personal to the Owner and the Licensee and shall not be assigned, transferred, sub-let or otherwise dealt with by the Licensee without the prior written consent of the Owner.
§9. INSURANCE AND RISK
9.1. Storage of any goods in the Storage Space is undertaken at the Licensee's own risk. Subject to §9.3, the Owner excludes all liability for any loss or damage incurred by the Licensee or their business, including loss of profits, business interruption, consequential loss and all liability in respect of damage to the goods.
9.2. The Owner shall not be responsible for insuring the goods stored by the Licensee. The Licensee is strongly advised to maintain adequate insurance in respect of the goods stored.
9.3. Nothing in this Agreement shall exclude or limit the liability of the Owner for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Where the Licensee deals as a consumer, nothing in this Agreement shall affect the Licensee's statutory rights under the Consumer Rights Act 2015, and any limitation or exclusion of liability shall apply only to the extent permitted by that Act.
§10. PROVISOS
10.1. The Owner shall have a general right of lien on all goods of the Licensee in its possession for all sums due under this Agreement. The Owner reserves the right to continue to charge the full Storage Charge while exercising its right of lien, and all other terms shall continue to apply.
10.2. Where the Licensee fails to pay any sum due, or is in breach of any condition herein, the Owner may terminate this Agreement forthwith, without prejudice to any other rights or remedies available to it.
10.4. The Owner shall not be liable for any loss or damage suffered by the Licensee where the performance of the Owner's obligations is hindered, prevented or delayed by any cause beyond its reasonable control, including act of God, riot, trade dispute, accident, breakdown, strike, fire, explosion, flood, storm, pandemic, or difficulty in obtaining transport, materials or labour.
10.5. Subject to §9.3, the Owner shall not be liable for any consequential or indirect loss whatsoever, whether arising from negligence or otherwise, and whether in connection with the performance of this Agreement or otherwise.
10.6. Where the Licensee wishes to make any claim against the Owner, such claim must be submitted in writing within ________ of the event giving rise to it, failing which the Owner shall not be liable, save where such limitation is not permitted by law.
10.7. The Owner reserves the right to refuse to accept, handle or store any goods, and acceptance of goods shall not imply any warranty as to their fitness for storage.
10.8. All notices under this Agreement shall be in writing and shall be sufficiently served:
10.8.a. by email: if sent to the relevant email address supplied by the other party on or before the start date. A notice sent by email shall be deemed served 48 hours after sending, as recorded on the device from which it was sent. Each party shall promptly notify the other of any change of email address.
10.8.b. by post: if sent by recorded delivery post, where a party is an incorporated body, to its registered office, and where a party is an individual, to their last known address in the United Kingdom. A notice sent by post shall be deemed served two days after posting. Proof of correct addressing and posting shall be sufficient evidence of service.
§11. NATURE OF THE AGREEMENT
Nothing in this Agreement shall be construed as creating a tenancy, lease or any relationship of landlord and tenant between the Owner and the Licensee, nor as conferring upon the Licensee any exclusive right of occupancy of the Storage Space or any part of the Property. This Agreement constitutes a licence only. The Owner shall not be regarded as a warehouse keeper.
§12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and arrangements, whether written or oral. Each party acknowledges that it has not relied upon any representation not expressly set out in this Agreement, save that nothing shall exclude liability for fraud or fraudulent misrepresentation.
§13. THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999, and notwithstanding any other provision, this Agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
§14. SEVERABILITY
Where any court or competent authority finds any provision of this Agreement to be unlawful or unenforceable, that provision shall be severed from the remainder, which shall continue in full force and effect to the fullest extent permitted by law.
§15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute, difference or question arising out of or in connection with this Agreement.
SIGNED by the Parties:
OWNER
SIGNED:
__________________________
________
DATE OF SIGNATURE:
__________________________
WITNESS NAME: ________
WITNESS SIGNATURE: __________________________
WITNESS ADDRESS: ________
LICENSEE
SIGNED:
__________________________
________
DATE OF SIGNATURE:
__________________________
WITNESS NAME: ________
WITNESS SIGNATURE: __________________________
WITNESS ADDRESS: ________
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