South East Storage
Terms and Conditions
January 2010
A. INTERPRETATION In these conditions; “OWNER” means David O’Sullivan trading as Southeast Storage “OCCUPIER” means the person whose name is signed on these terms and conditions. “FEE” means the fee due for the storage of the object. “STORAGE PERIOD” means the term of the storage period set out in this agreement. “BUSINESS HOURS” means Monday to Friday, excluding bank holidays and holy days from 9am to 5pm B. USE OF UNIT 1. The owner grants permission to the Occupier to store the object on the premises. 2. No relationship of Landlord or Tenant is created and the Owner does not act as bailee and is not taking possession of the property, unless the fee remains unpaid ?? 3. It is the Occupiers responsibility to maintain adequate insurance for their property while it is being stored. C. LICENCE FEE 1. Unless another price is quoted by the Owner in writing the Fee is as stated on the front page of these conditions. 2. If the object is not collected on the due date a Fee of €15 per week will be charged until the object is collected. D. TIME OF INVOICE AND PAYMENT TERMS 1. Unless otherwise agreed in writing the Owner will invoice the Occupier upon collection of the object. The Occupier will pay all Fees due when removing the object. 2. The Occupier shall make all payments in Euros. E. INDEMNIFICATION 1. The Occupier shall at his expense obtain all insurance which he requires for the protection of the Property being stored and shall on request produce a copy of the policy to the owner. 2. The Occupier releases and indemnifies the owner absolutely from all liability for personal injury, property damage, loss and theft, vandalism, damage by fire, water, explosion, rodent damage and any other causes suffered by the Occupier. 3. The Occupier agrees to indemnify and hold harmless the owner, its employees and servants, and agents from any claim for damages to property or personal injury and costs including professional fees and damages and loss suffered by the owner arising from use of the Unit by the Occupier. 4. The Occupier shall indemnify and hold harmless the Owner against any loss, cost or damage suffered or incurred the Owner arising out of any matter relating to this agreement. Page 1 of 3 Southeast Storage Terms and Conditions December 09 F. REMEDY 1. If the Owner is in breach of these conditions his liability shall be limited to the stated value of the Property less any amounts due by the Occupier to the Owner under this agreement. 2. Subject to clause F.1., The Owner shall have no further liability to the Occupier other than as described in clause F.1. whether under these conditions on any other basis including liability in tort as a result of use of the Unit by the Occupier. 3. Subject to clause H.1 the Owner shall not under any circumstances be liable to the Occupier by reason of any representation or warranty, condition or other term or any duty of common law or under the express terms of these conditions of service, for any consequential special incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by negligence of the owner, its employees or agents, or otherwise, even if advised of the possibility of such damages. 4. Nothing in these conditions of service shall exclude or limit the liability of the Owner for death or personal injury resulting from negligence of the Owner or any if its employees or agents, not shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer. G. ADMINISTRATION 1. The Occupier shall be entitled to call to the Owners property to visit the unit on giving 48 hours notice starting and finishing on business hours. 2. All risk in the property while stored in the Unit lies with the Occupier. The Owner gives no guarantee of security of the property or the unit. 3. The Occupier acknowledges that the units are not heated or serviced. H. WARRANTIES The Occupier warrants that he is the absolute owner of the property, that he has adequate insurance for the Property and that the Property does not contain any hazardous or prohibited material that is likely to cause harm to or interference in the Unit, the Owner or the Property of the Owner or others using the Unit. I. TERMINATION 1. This agreement may be terminated by the Owner on giving 30 days notice to the Occupier. Page 2 of 3 Southeast Storage Terms and Conditions December 09 2. This agreement shall be terminated forthwith should the Occupier breaches the terms of this agreement and fails to remedy such breach on demand. 3. The Owner may terminate the agreement forthwith should the Occupier fail to produce evidence of adequate insurance for the property stored. 4. Should the Occupier fail to pay for the storage the Owner shall be entitled to remove, sell, relocate, store and/or destroy the Property at his absolute discretion and the occupier appoints the Owner as his agent for such removal, selling, storing, relocating and destroying of the Property. The cost of such removal, relocation, storage and/or destroying of the property shall be paid by the Occupier and the Owner shall be entitled to recover such costs as a contract debt. The Occupier indemnifies absolutely the Owner against all loss, damage and costs incurred in exercising his rights under this clause. 5. All rights of the Owner shall continue notwithstanding the termination of this agreement. J. MISCELLANEOUS The Owner may in its discretion delegate any of its duties under the terms of this agreement or assign this agreement. These conditions shall be governed by Irish law. Any notice to be served under this agreement shall be served in writing to the address of the Occupier set out in this agreement and shall be deemed served on the date of posting if sent by registered post.
South East Storage, CRO No 346065
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