Terms and Conditions
1. TERM:
This agreement is effective from a mutually agreed-upon date and will remain in force for an initial term. Thereafter, it will automatically renew on a monthly basis (referred to as the "Term") unless terminated earlier as outlined below or unless a longer term has been agreed upon by both parties.
2. RENTAL PAYMENTS:
The first storage invoice is to be paid up front via card payment or bank transfer
The occupant is required to submit payment via direct debit on a monthly basis
(unless a longer period has been agreed by both parties) in advance, beginning from the date of the rental agreement execution, for the Unit at the agreed-upon rate. The initial payment must be made on the day of the rental agreement execution or in advance on an earlier date agreed upon for pre-bookings. A one-time Lock & Key Deposit of €30 per key and lock, provided to the Occupant, is due at the same time as the first rental payment or upon the execution of the Rental Agreement. The Owner reserves the right, at their sole discretion, to accept or reject partial rent payments. The acceptance of partial rent payments by the Owner does not waive any rights. The Occupant understands and acknowledges that accepting a partial rent payment to address a default in rent payment does not impede or halt the foreclosure process on the Occupant's stored property.
3. LATE CHARGE:
If the Occupant declines a bank payment request, they shall incur a €10 administration fee. This "Declined Payment" fee may be charged only once in any month where there is a declined payment. If the Occupant does not pay rent within ten (10) days of the rent due date, they will pay the Owner a late fee of €25. A late fee may be charged for each month that the Occupant does not pay rent when due. This fee is in addition to the administration fee. If payment is overdue, the Owner will make at least three attempts within the 28-day period from the due date to contact the Occupant. After 28 days, if the Occupant fails to engage with the Owner, the Owner shall double-lock the Occupant’s Unit and otherwise deny access to the property stored until the rental and fee charges are brought current. Payments received will be applied to older charges first. Any account thirty (30) or more days delinquent will be terminated, and the Owner will take possession of the goods stored in the unit rented by the Occupant and dispose of them. The Owner reserves the right to impose additional fees for any unanticipated charges incurred due to the foreclosure of the Occupant’s stored property and disposal of goods.
4. TERMINATION.
Either party shall have the right to terminate the agreement by ten (10) days prior written notice given to the other party before the end of the term stated in paragraph #1, and the agreement shall thereupon terminate at the end of said Term.
5. HOLDING OVER.
There will be no partial month rentals. The Occupant has 24 hours to vacate the unit from the date of termination. If Occupant vacates the Unit five (5) days after the end of the term stated in Paragraph 1 above, the Occupant shall pay one full 28-days term rent. If Occupant vacates the Unit after the end of the above stated term, but before five (5) days after the end of the above stated term, the Owner will pro rate the rent fee on a daily basis. The provisions of this Paragraph 5 shall not operate as a waiver by Owner of any rights provided to Owner under Paragraph 11 of the agreement.
6. OCCUPANT RESPONSIBILITY.
The Occupant acknowledges and understands that no bailment is created by the agreement. The Owner is not engaged in the business of storing goods for hire, nor is it in the warehousing business, but is simply providing a storage Unit which the Occupant can store items of personal property owned by the Occupant. The storage Unit is under the exclusive control of the Occupant. The Owner does not take care, custody and control, possession or dominion of the contents of the storage Unit and does not agree to provide protection for the self-service storage Unit or the contents thereof.
7. INSURANCE.
The Owner provides optional insurance options for the Occupant’s property stored in the storage unit. Insurance is available @ 0.5% of the declared value of your goods. The Occupant is responsible for the payment to the Owner to cover the cost of insurance and is responsible for selecting an appropriate level of insurance for all property in the storage unit. The Occupant waives any and all insurance subrogation rights against the Owner, its agents, and employees.
Occupant elects as follows: The Owner will not be responsible or otherwise liable, directly or indirectly, for the loss or damage to the property of the Occupant due to any cause, including fire, explosion, theft, vandalism, wind or water damage, mould, mildew, or any defect, whether known or subsequently created or discovered, in the storage unit, or acts or omissions of any third party. This is the case regardless of whether such loss or damage may be caused or contributed to by the negligence of the Owner, its agents, or employees.
8. LIMITATION OF VALUE
Occupant agrees not to store property with a total value in excess of €10,000 without the written permission of the Owner. If such written permission is not obtained, the value of the Occupant’s property shall be deemed not to exceed €5,000. Nothing herein shall constitute any agreement or admission by Owner that Occupant’s stored property has any value, nor shall anything alter the release of owner’s liability set forth below. This €10,000 limit is deemed to be the maximum value of the property stored in the unit and the maximum liability of the insurance broker for any claim.
9. USE AND COMPLIANCE WITH LAW.
The Unit named herein shall be used by the Occupant solely for the purpose of storing personal property belonging to the Occupant. The Occupant agrees that the Unit and the property will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code, or health code. The Occupant agrees not to commit waste, create a nuisance, alter, or affix signs on the Unit or anywhere on the Property, and will keep the Unit and the Property in good condition during the term of the agreement.
The Occupant agrees not to store any animals (dead or alive), explosives, or any flammable, odorous, perishable, noxious, or illegal property. Furthermore, the Occupant acknowledges that the Unit is not suitable for the storage of jewels, furs, heirlooms, artworks, collectibles, or other irreplaceable items with special sentimental or emotional value and agrees not to store such items. The Occupant hereby waives any claim for sentimental or emotional value for the property stored in the Unit or on the Property.
10. CONDITION OF THE STORAGE FACILITY:
The Occupant undertakes to maintain the storage unit in a condition consistent with its state at the beginning of the lease term or any subsequent improvements made thereafter. If the unit is not found by the Occupant to be in a broom-clean state at the beginning of the lease term, the Occupant should photograph the unit and submit this to the Owner. The Owner will arrange to have the unit cleaned or offer to move the Occupant to a different unit.
Upon termination of the agreement, the Occupant agrees to surrender the unit peacefully to the owner in a clean and orderly condition, consistent with the specifications outlined in this paragraph. The Occupant is responsible for the prompt removal of any dirt, debris, unwanted items, or refuse from the storage facility.
The Occupant acknowledges responsibility for all costs associated with the removal of goods or general waste left in the unit or storage facility after the termination of the agreement. If the unit is not left in a broom-clean state after the Occupant vacates, a minimum cleaning fee of €50 will be charged to the Occupant. While some sites provide a broom and pan at the key pick-up point, Occupants are advised to bring their own when vacating the unit.
11. ALTERATIONS, SIGNS AND WASTE.
The Occupant shall not make nor suffer any alterations of the Unit nor post signs without the express written consent of the Owner. The Occupant shall not commit nor permit any waste in the Unit or on the Owner’s property (see waste disposal fees in Clause 10).
12. OWNER’S RIGHT TO ENTER, INSPECT, AND REPAIR UNIT:
The Owner shall have the right, upon reasonable prior notice to the Occupant, except in cases of emergency, in which event no such notice shall be required, to enter the Unit (and, if necessary, break the lock thereon) for the purpose of examining it for violations of the agreement and for making repairs or alterations to the Unit. The Occupant is not permitted to install additional locks on the unit. In the event that an additional lock has been installed, the Owner has the right to remove such locks without notice to the Occupant.
13. DEFAULT, OWNER REMEDIES AND LIEN.
In addition to all other rights allowed by law to a creditor against his debtor, the owner shall have a lien, in the event of a default by the occupant hereunder, on all personal property stored within the unit. This lien is for the amount of any rent, sales tax, labour, insurance, or other charges incurred in relation to such property and for expenses
necessary for the preservation of the property or reasonably incurred in its sale or other disposition in accordance with applicable law.
Time is of the essence in the performance of the agreement and in the payment of each and every instalment of any rent or additional charge to be in accordance with the agreement. If any such rent or charges shall be due and unpaid, or if the occupant shall fail or refuse to perform any of the covenants, conditions, or terms of the agreement, and if such default continues for more than five (5) days, the owner, at its option, may:
(a) terminate the occupant’s right to use the unit and to store property therein;
(b) double-lock the unit or otherwise deny occupant access thereto;
(c) enter the unit for the purpose of taking inventory of the property stored therein and for the purpose of removing any personal property found therein and move it to a place for safekeeping at the expense and risk of the occupant;
(d) enforce its lien by selling the stored property at a public or private sale in accordance with the provisions of applicable law and apply the net proceeds from such sale to the payment of all sums due to the owner from the occupant hereunder. The owner will pay over the balance, if any, on demand to the occupant.
The date of such sale shall constitute the date of the termination of the agreement. In the event the agreement is terminated for breach of any obligation of the occupant, the occupant shall remain personally liable for the payment to the owner of all accrued and unpaid rent and all other charges due to the owner hereunder at the time of termination of the agreement.
14. OCCUPANT’S RIGHTS IN THE EVENT OF DEFAULT.
Any time prior to the sale of Occupant’s property, any person claiming a right in the property may pay the amount necessary to satisfy the Owner’s lien and to reimburse Owner for all amounts then owed to it under the agreement, in which event the property shall be released to the payer. Notwithstanding the foregoing, Owner shall not be obligated to accept payment and release the property to the payer unless such payment is made in cash or by bank certified check or checks. Upon release of Such property to the payer, Owner shall have no further liability to any person in respect to such property.
15. ABANDONMENT OF OCCUPANT’S PROPERTY.
An abandoned Unit is:
1) a leased Unit that the Owner finds unlocked and empty or unlocked and containing personal property with a value less than €300, in the Owner’s opinion or
2) a leased Unit, which possession, all rights to and any personal property within, has been affirmatively surrendered to the Owner by the Occupant, and either may be retained by the Owner as its own property, sold in accordance with the provisions within the agreement, or disposed of or destroyed. If such property or any part shall be sold, the Owner may receive and retain the proceeds of such sale and apply the same at its option against the expenses of reentry and sale, the cost of moving and storage, any arrears of rent or any additional charges and any damages which the Owner may be entitled to under the agreement, or in accordance with law. The Owner shall have the right to take possession of the abandoned leased Unit after 14 days as long as the Owner has notified the Occupant pursuant to law.
16. BANKRUPTCY AND OTHER LEGAL ACTIONS.
In the event that the Occupant files a voluntary petition in bankruptcy, or suffers a petition in involuntary bankruptcy to be filed against him/her or
makes an assignment for the benefit of creditors, or is placed in receivership, or is the subject of any type of legal action wherein the use and occupancy of the Unit by Occupant is in issue, then the Owner, other than as provided by law, may at its option, terminate the agreement, and the Occupant shall thereafter have no right, title or interest in or to the Unit, or the Owner may at its option declare the agreement to be in default, and pursue all rights and remedies granted in accordance with the agreement.
17. BREACH OF COVENANTS AND CONDITIONS.
A breach of any of the covenants or conditions by the Occupant shall at the option of the Owner terminate the agreement, and if so terminated, the agreement shall be null and void.
18. WAIVER.
No waiver by the Owner, its agents, servants or employees of any breach or default by Occupant in the performance of any covenant, term or condition of the agreement shall constitute waiver of any subsequent breach or default by Occupant in the performance of any term, covenant or condition of the agreement.
19. CHANGE OF TERMS.
All of the terms, charges, conditions or covenants of the agreement as SUBJECT TO CHANGE SOLELY BY OWNER UPON THIRTY (30) DAYS prior written notice to the Occupant. If changed, the Occupant may terminate the agreement on the effective date of such change by giving the Owner TEN (10) days prior written notice to terminate. If the Occupant does not give such notice, the change shall become effective and apply in accordance with the terms of the notice.
20. RECOVERY OF ATTORNEY’S FEES AND COSTS.
In the event any action is instituted, or any other proceedings taken to enforce any term, covenant or condition contained in the agreement or to recover any rent or additional charge due hereunder, or to recover possession of the Unit for any default or breach of the agreement by the Occupant, the Occupant shall pay the Owner reasonable lawyer’s fees, costs and expenses in connection with such action or proceedings.
21. ASSIGNMENT.
The Occupant shall not permit any other person to jointly occupy the Unit which is the subject to the agreement, nor may the Occupant assign the agreement, without the express written permission of the Owner in advance.
22. NOTICES.
Any notice required to be given under the agreement must be in writing and addressed to the other party. Any address change from Occupant may be changed only by written notice and is not valid until acknowledged in writing by the Owner. All notices from Owner or Manager shall be sent by registered mail postage prepaid to Occupant’s last known address, or to the electronic mail address provided by the Occupant in the rental agreement. Notices shall be deemed given when deposited with An Post postal service or when sent by electronic mail. All statutory notices shall be sent as required by law.
23. ACCESS:
The Occupant is granted access to the Unit at any time, 24 hours per day, seven days per week. These hours are subject to change at the discretion of the Owner. The Owner is not liable if events beyond their control impede the Occupant's access. In the event that rent is not paid within ten (10) days following the monthly due date, the Owner may, without notice, deny the Occupant access to the property located in the Unit or elsewhere at the Facility.
Furthermore, if the Occupant is renting multiple Units simultaneously, default on one rented Unit will be considered a default on all rented Units. This allows the Owner and/or Manager to deny access to all rented Units without prior notice. The Occupant's access may be subject to conditions deemed necessary by the Owner or Manager to maintain order and protect the Storage Unit and Facility. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of the Occupant's identity, and conducting searches of vehicles and contents.
It is important to note that neither the Owner, Manager, nor any of their respective agents, employees, or affiliates shall be held liable for any damages or injury resulting from the Occupant's inability to access or exit the Storage Unit or the Facility. This includes situations arising from mechanical or electrical failures of the automatic access gates or Unit door mechanism, or any other reason.
Access will only be granted to parties authorised by the Occupant. Any other party attempting to gain access will be denied unless they possess the gate code and key to the Unit lock or have provided written authorisation from the Occupant to the Owner or Manager.
24. SEVERABILITY CLAUSE.
If any part of the agreement for any reason is declared invalid, such decision shall not affect the validity of the remaining portions, which remaining portions shall continue in full force and effect as if the agreement had been executed with the invalid portions eliminated. It is further declared the intention of the parties of the agreement they would have executed the remaining portion of the agreement without including any part, parts, or portions which may for any reason be hereafter declared invalid.
25. SUCCESSION.
All the provisions of the agreement shall apply to, bind, and be obligatory upon the heirs, executors, administrators, representatives and successors of the parties to the agreement.
26. STATE LAW TO APPLY.
The agreement shall be construed under and in accordance with the laws of the state of The Republic of Ireland and the Occupant specifically waives trial by jury in any action commenced for any reason whatsoever.
27. EXCLUSIONS TO WARRANTIES.
The agents and employees of the Owner are not authorised to make any warranties about the Unit referred to in the agreement. NO ORAL STATEMENT BY THE OWNER’S AGENTS OR EMPLOYEES SHALL CONSTITUTE WARRANTIES, and such statements shall not be relied upon by the Occupant and they are not part of the agreement. The entire agreement and the understanding of the parties to it is embodied in this writing, and NO OTHER WARRANTIES are given beyond those specified in the agreement. The parties to the agreement agree that the IMPLIED WARRANTIES of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties expressed or implied, ARE EXCLUDED from this transaction and shall not apply to the Unit. It is further understood and agreed that the Occupant has been given an opportunity to inspect the Unit and has done so and agrees to occupy the Unit in its ASIS CONDITION WITH All FAULTS.
28. ENTIRE AGREEMENT CLAUSE.
The agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of the agreement. No amendments or alterations of the terms of the agreement shall be binding upon parties unless they are in writing, dated subsequent to the date of the agreement, and duly executed by the parties, or modified pursuant to the provisions of the agreement.
29. RULES AND REGULATIONS.
Occupant covenants to comply with all rules and regulations as posted at the facility from time to time. Owner shall not be liable to Occupant for the failure of other occupants of the storage facility to conform to such rules and regulations.
30. HEADINGS
The headings of the various provisions of the agreement have been included only for the convenience of the parties and are not to be used in construing the agreement nor in ascertaining the intention of the parties.
31. SUBORDINATION.
The agreement is and all of Occupant’s rights hereunder are and shall always be, subject and subordinate to any mortgage, security interests or instruments or any other documents given as security (collectively called Mortgage) that now exist or may hereafter be placed upon the storage facility or any portion thereof and to all advances made or to be made thereunder and to the interest thereon, and any and all renewals, replacements, modifications, consolidations, extensions thereof. Occupant will recognise any Mortgage holder or purchaser, as the case may be, as landlord under this lease for the balance of the term remaining, subject to all the terms of the lease, and upon request of such holder or purchaser. The aforesaid provisions shall be selfoperative.
32. FORCE MAJEURE
A. Neither party hereto shall be liable to the other for default in performance of any of the terms and provision of the Agreement if caused by fire, strikes or labour disputes, riot, war, Act of God, governmental order or regulation, or other similar contingency beyond the reasonable control of the respective parties.
B. Neither owner nor occupant shall be required to perform any term, condition, or covenant in the agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, Strikes, Lockouts, Material or labour restrictions by any governmental authority, civil riot, floods, and any other cause not reasonably within the control of Owner or Occupant and which by the exercise of due diligence Owner or Occupant is unable, wholly or in part, to prevent or overcome.
33. RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY:
Owner, Manager and their respective agents, employees and affiliates shall not be liable to Occupant for injury or death as a result of Occupant’s use of the storage Unit or the self-storage facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner, Manager or any of their respective agents, employees or affiliates.
34. LOCKS:
Locks and keys are provided by the Owner. The Occupant agrees not to place any other locks on the Unit. The Occupant agrees that the Owner and Manager have the right to remove any locks fitted by the Occupant without the prior written permission of the Owner. The Occupant also agrees that the Owner and Manager have the right to assume that possession of a key and gate code is evidence of authority to enter the Occupant’s Unit. If the Occupant appoints another person or entity to enter the Unit, the Occupant shall be responsible for the conduct of such person or entity.
35. FINANCIAL INFORMATION:
Neither Owner nor Manager warrants or guarantees that any of Occupant’s financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner, Manager and their respective agents, employees and affiliates for damages arising from the use of said information by others.
36. TEMPERATURE CONTROL (AS APPLICABLE):
The temperature-controlled Units are heated or cooled depending on outside temperature. The temperature-controlled Units do not provide constant internal temperature or humidity control and neither Owner nor Manager guarantees that temperature and humidity will not fluctuate. Occupant releases Owner, Manager and their respective agents, employees and affiliates from all liability for damage to stored property from fluctuations in temperature or humidity from any cause including the negligence of Owner, Manager or their respective agents, employees or affiliates.
37. PERMISSION TO CALL, EMAIL OR TEXT:
Occupant recognises Owner and Occupant are entering to a business relationship as Owner and Occupant. As such, Occupant hereby consents to Owner or Manager phoning, emailing and texting Occupant with marketing and/or other business-related communications including collection matters.
38. STORAGE OF MOTOR VEHICLES: In the event that any motor vehicle remains stored in the self-storage Unit after termination of the rental agreement, or if the rent and other charges remain unpaid or unsatisfied for 60 days, and in addition to all other rights and remedies available to Owner, Owner is authorised to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Occupant’s expense. Owner shall incur no liability to Occupant for causing the vehicle to be removed pursuant to this paragraph.
39. STORED PROPERTY.
The Occupant further agrees and understands that it may only store goods that the Occupant owns. The Owner will rely upon the representation that the Occupant is storing only goods for which it is the rightful and absolute owner free of all superior liens.
LIENHOLDER INFORMATION: Occupant is required to disclose to the Owner any lien holder with an interest in property that is or may be stored in the self-service storage facility. Occupant represents that he/she owns or has legal possession of the personal property in his or her Unit(s) and that all the personal property in his or her Unit(s) is free and clear of all liens and secured interests.
Occupant further acknowledges that he/she has read, understands and agrees to the provisions of the agreement.
40. STORED PROPERTY.
The Occupant further agrees and understands that it may only store goods that the Occupant owns. The Owner will rely upon the representation that the Occupant is storing only goods for which it is the rightful and absolute owner free of all superior liens.
LIENHOLDER INFORMATION: Occupant is required to disclose to the Owner any lien holder with an interest in property that is or may be stored in the self-service storage facility. Occupant represents that he/she owns or has legal possession of the personal property in his or her Unit(s) and that all the personal property in his or her Unit(s) is free and clear of all liens and secured interests.
Occupant further acknowledges that he/she has read, understands and agrees to the provisions of the agreement.
SUMMARY POINTS
· OWNER RESERVES THE RIGHT TO REMOVE ANY LOCK PLACED ON THE UNIT WITHOUT WRITTEN PERMISSION FROM THE OCCUPANT.
· NOTICE: THE OPERATOR OF THE SELF-SERVICE STORAGE FACILITY WILL HOLD A LIEN ON OCCUPANT’S STORED PROPERTY. OCCUPANT’S PROPERTY MAY BE SOLD TO SATISFY THE LIEN IF OCCUPANT IS IN DEFAULT FOR 30 DAYS OR MORE.
· NOTICE: PROPERTY STORED IN THE LEASED UNIT IS NOT INSURED BY THE OPERATOR AGAINST LOSS OR DAMAGE. ALL INSURANCE CLAIMS ARE DEALT WITH DIRECTLY BETWEEN THE OCCUPANT AND THE INSURANCE BROKER.
· OCCUPANT IS RESPONSIBLE FOR ALL COSTS RELATED TO REMOVING GOODS OR WASTE LEFT IN THE UNIT AFTER AGREEMENT TERMINATION.