StoreProtect

Detailed terms

• “Property” or “Your Property” or “Goods” means any and/or all goods stored by You in a storage Unit allocated to You at the Facility;
• “Replacement Value” means the current cost of replacing Your Property as new, except for:
  • household linen and clothing, motorcars, motorbikes, boats, caravans, motorhomes and any other motorised vehicle, where the Replacement Value allows for the age, quality, degree of use, existing damage and consequent market value;
  • any Goods which cannot be purchased new (such as antiques or works of art, for example), where the Replacement Value shall be the current market value; and
  • documents, where the Replacement Value shall be calculated as the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the documents
• “Maximum Replacement Value” means the maximum sum total of the Replacement Value for all Property at any time throughout the period of storage.

✓ Instead, FO’s liability for any direct physical Loss or Damage to Your Property following a breach of its duty of care will be limited at a higher amount, up to a maximum of (i) the Maximum Replacement Value; or (ii) the actual value of Your Property either affected by Loss or Damage (whichever is less), taking into account any Proportional Reduction, and subject to certain exclusions (see ‘Exclusions – what StoreProtect does not provide for‘).

✓ FO’s liability will commence from the time Your Property is placed by You into Your storage Unit(s) and ceases immediately upon removal of Your Property from Your storage Unit(s).

✓ FO’s liability to You under StoreProtect for Loss or Damage to Your Property is to be assessed as a sum equivalent to the cost of (a) repair or cleaning or (b) the Replacement Value or (c) compensation, whichever is the smaller sum, at FO’s option. FO accepts no liability for depreciation following repair.

✓ If You opt for StoreProtect, You are no longer obligated to arrange insurance for Your Property.

• provide a Maximum Replacement Value on the Customer Declaration;
• Sign the appropriate box on the Customer Declaration to confirm Your wish to opt for StoreProtect;
• pay the additional charges set out for StoreProtect (“StoreProtect Charges”); and
• ensure that the Maximum Replacement Value is accurate at all times for the duration of this Agreement.

(For example: if the total replacement value of Your Property is £10,000, but You have declared a Maximum Replacement Value of £5,000, FO’s liability will be reduced by 50%. So, if £3,000 worth of Your Property is lost or damaged, FO’s liability would be £1,500.)

• FO excludes and limits certain types of Loss or Damage, as set out in the Conditions of Agreement. Please read these exclusions and limitations carefully – they apply whether or not You opt for StoreProtect.
• There may be circumstances where Goods You are not permitted to store are stored in Your Unit(s) without FO’s knowledge. Where You store Goods in breach of this Agreement, You agree that You will bear the risk of any Loss or Damage to such Goods.
• For the avoidance of doubt, FO’s duty of care in relation to the Goods shall be as set out in the Conditions of Agreement.
• FO will not be liable for any Loss or Damage to Your Property unless You notify FO in accordance with the requirements set out in the Liability Claim Notification Addendum .

×  any motorcar, motorbike, boat, caravan, motorhome or any other motorised vehicle (“Vehicles “) stored outside of a Unit;

×  Any food or perishable Goods; or

×  Any Delivery and Collection Goods.

FO’s liability for the Goods listed above is limited to £100 and the requirement for You to insure Your Property remains valid, as per the Conditions of Agreement, whether or not You opt for StoreProtect for other stored Property.

Restricted Goods

FO’s liability for Loss or Damage to the following Goods is restricted. Goods worth in excess of the amounts stated below should not be stored without express permission from FO in writing:

×  Jewellery, watches, precious stones, precious metals, and stamps of all kinds exceeding £1,000 combined total;

×  Furs, fine art, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like exceeding £15,000 combined total; and

×  Electronic Items exceeding £25,000 combined total. “Electronic Items” is defined as all items of consumer and commercial electrical appliances and instruments, including but not limited to televisions, computers, laptops, computers, tablets, mobile phones, cameras, hi-fi’s, stereos and the like. Heavy electrical items such as switchgear, turbines, generators and the like shall not be deemed to be electronics.

Excluded Liabilities

The FO shall not be considered to be in breach of this Agreement and exclude all liability to You in respect of any and all of the following (“Excluded Liabilities” ):

×  Mysterious disappearance and/or unexplained shortage of Your Property except as a result of theft evidenced by forcible entry to Your Unit;

×  Loss or Damage which is discovered after Your Property is removed from the Facility;

×  Loss or damage to Your business, if any, including, but not limited to, indirect or consequential loss, lost profits, income or savings, wasted expenditure or business interruption;

×  Loss or Damage caused by (i) moth, insect and vermin unless from a source external to Your Unit; (ii) ordinary leakage, ordinary loss in weight or volume, evaporation or nature of the property stored; (iii) leakage of liquid from any receptacle or container unless from a source external to Your Unit; (iv) inherent vice and latent defect; (v) mould, mildew or rust, unless proven to be a result of water ingress from a source external to Your Unit; (vi) atmospheric or climatic causes, including, but not limited to, Loss or Damage to Property which is not suitable for storage; (vii) electrical, electronic or mechanical derangement to any electronic items or mechanical Goods, or any Loss of, or Damage to electronic items resulting from a configuration failure of the controlling software and/or microchip, except where this results directly from external physical damage caused a breach of FO’s duty of care;

×  Any value an item might have acquired simply because it is part of a pair or set, also excluding the value of an undamaged part of a pair or set;

×  Any value which is purely sentimental;

×  Loss or Damage caused by or as a consequence of non-compliance with relevant laws and regulations by You or Your Agents;

×  Loss or Damage caused by the act or omission of You or Your Agents including but not limited to any failure to secure the Unit after visiting, failure to pack or stack the Goods properly and securely, the manner of storing the Goods within the Unit, the conduct of You or Your Agents in the Unit or at the Facility, the loading or unloading of Goods into or from the Unit;

·  At its sole discretion, FO may choose to reinstate StoreProtect on payment of any overdue and/or outstanding StoreProtect Charges, unless any Loss or Damage to Your Property has already occurred prior to payment of such charges.

Cancellation

You have the right to cancel StoreProtect at any time by giving FO written notice prior to removal of Your Property from storage. You can provide notice by emailing FO at [email protected] or by writing to Clear Storage Limited, Poplar Way, Rotherwas Industrial Estate, Hereford, HR2 6LB.

• If You cancel StoreProtect prior to the storage services commencing, FO will refund to You all StoreProtect Charges paid by You.
• If You cancel StoreProtect after the storage services have started, FO will refund to You any StoreProtect Charges that You have paid in advance in respect of the period after cancellation (e.g. from the date that FO receives Your notice to cancel).

FO’s right to cancel StoreProtect

• Your right to benefit from StoreProtect will terminate automatically if You do not make all payments when due under the Conditions of Agreement.
• We may cancel Your right to benefit from StoreProtect and terminate this Addendum at any time by giving You thirty (30) days’ notice in writing.
• Where FO cancels or terminates StoreProtect, FO will refund to You all StoreProtect Charges paid by You in advance in respect of the period after cancellation (e.g. from the cancellation date FO notifies to You).

General

• FO’s liability to You after the StoreProtect cancellation date will be limited to £100 and You will be required to insure Your Property in accordance with the Conditions of Agreement.
• If You decide to terminate the storage agreement after the cancellation date for StoreProtect, You will need to give FO the full amount of notice in accordance with the Conditions of Agreement.

Liability Claim Notification Addendum

Where Your Property is Lost or Damaged – Notification Condition

2.     Notwithstanding Condition 1, if You discover Loss or Damage to Your Property:

i.     When the Facility is attended by FO’s employees (“Manned”), You must notify FO in person as soon as reasonably practical upon discovery and before removal of any affected Goods from your Unit;

ii.     When the Facility is not attended by FO’s employees (“Unmanned”), at the time you discover Loss or Damage, to evidence that this occurred during the Storage Period in Your Unit, You must comply with the following conditions (“Unmanned Notification Conditions”):

a.   You must contact FO via email to [email protected] as soon as reasonably practical upon discovery of any Loss or Damage, including, but not limited to: (a) a written description of which Goods are affected and the nature of the Loss or Damage; and (b) photographs of any affected Goods before removal of from your Unit, or, if this is not practical, photographs clearly showing affected Goods in the vicinity of your Unit within the Facility (“Email Notification”).

b.   Your Email Notification must be provided before any affected Goods are removed from the Facility. FO shall not be liable for any Loss or Damage which is notified after your Property is removed from the Facility unless Email Notification is provided.

c.    If it is not possible for You to fully comply with the Email Notification requirements set out, You must notify FO in person, via telephone or in writing as soon as reasonably practical after You discover Loss or Damage.

3.     In any event: You must provide as many details as is practical of any Loss or Damage to FO in writing or via email to [email protected] within seven (7) days of discovery. In exceptional circumstances, FO may agree to extend this time limit where You request this in writing, provided such request is received within seven (7) days of discovery of any Loss or Damage. The sooner that You notify FO of any Loss or Damage to Your Property, the sooner FO can establish the cause and properly investigate. FO will not be liable for any Loss or Damage to Your Property unless You notify FO in compliance with the requirements set out under Condition 2.

4.     Once You have notified FO of Loss or Damage, if You do not receive a response from FO within a reasonable time, You may contact FO’s insurer’s claims settling agent directly at RCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United Kingdom Tel: +44 (0) 1372 385970 Email: [email protected].

5.     Additional Conditions: (a) You must make every reasonable effort to prevent further Damage to Your Property. If any Goods are wet or damp, You must move them away from any undamaged Property and away from the water source. You must inform FO if You believe You may require additional storage space to comply with this requirement. (b) For Your own safety, do not touch any Goods damaged by vermin of any kind or affected by mould; (c) You must retain and not dispose of any Damaged Property until FO has had a reasonable opportunity to inspect (if necessary) any damage; and (d) FO may make such enquiries as necessary to investigate the Loss or Damage to Property and You agree to co-operate with FO and their insurers in their enquiries, and to provide any additional relevant information without delay where FO requests this.

6.     If You opt for StoreProtect, You must also comply with the Additional Claim Requirements set out below.

7.     If You provide FO with misleading or incorrect information relating to a claim for Loss or Damage to Your Property, or make a claim that is fraudulent, false or exaggerated, FO may: reject the claim; where applicable, cancel or void the StoreProtect Addendum without refund of StoreProtect Charges; and recover from you any costs FO has incurred in dealing with your claim.

StoreProtect – Additional Claim Requirements

8.     Estimates for cleaning, repairs or replacement;

9.     As many details as possible about the affected Goods, including photographs of any areas of damage and also any damaged Goods in their entirety;

10.   Photographs showing all of Your Property in Your storage Unit, including those which are undamaged (i.e. the entire Unit before the removal of any Goods).

11.   For any damaged electrical items, You must also photograph any manufacturer labels showing the make/model of the item.

12.   Where You believe that Your Property has been stolen, You must take photographs of the door, walls or padlock to evidence forced access to Your Unit. You must also notify the Police immediately and obtain a Crime Reference Number.

13.   Where You believe that Your Property has been damaged by an ingress of water, You must photograph the alleged source of the ingress.

14.   Where Your Property can be professionally repaired, You are required to provide estimates before the work is carried out.

15.   For any Goods lost/stolen or damaged beyond repair, You must provide proof of ownership (including receipts), where possible, details of any make/model and evidence to show replacement value.

16.   FO’s insurers may request for damaged Goods to be cleaned, where possible, including dry cleaning or home laundry before any claim settlement will be considered. Reasonable cleaning costs may be considered as part of the claim settlement.