Terms And Conditions

TERMS AND CONDITIONS OF STORAGE

GENERAL

1.             Clyde Containers (‘the company’) undertakes all services subject solely to the following conditions, which can be varied only in writing by the company.

2.             (i) The Customer warrants that it is either the owner of the goods or is authorised by the owner to accept these Conditions on the owner’s behalf.

(ii) The customer further warrants and undertakes that:-

(a)     when presented for storage, the goods will be securely and properly packed and in such condition as not to cause damage or injury or the likelihood of damage to the property of the company or any other goods

 (b)   All goods are stored at its sole risk and expense and it shall insure the Goods against all insurable risk at full replacement value.

LIABILITY

3.             (i) The Company does not insure the Goods and the Customer  should make arrangements to cover the Goods against all insurable risk to the full replacement value thereof.

(ii) The Company shall not be liable for any loss, damage or injury to the Customer’s goods (except insofar as liability cannot be excluded in terms of The Unfair Contract Terms Act 1977) or unless such loss, damage or injury shall have arisen as a result of the negligent act or default on the part of the Company or its employees.

(iii) The Company shall not be liable foe any claims unless it has been notified in writing to the Company within 21 days of the cause of the claim coming to the Customers knowledge or of the Goods being removed by the Customer, whichever is the later.

(iv) The benefit of these Conditions shall extend to all the employees from time to time of the Company, who shall each be entitled to every right, defence and exemption or limitation of liability to which the company is entitled hereunder

4.             (i)  In any of these circumstances referred to in paragraph 4 (ii)  hereof, and otherwise with written consent of the Customer, the Company shall be entitled to arrange for any part of the service to be performed by other contractors, and in this event these terms and conditions shall apply to such services.

(ii) The circumstances referred to in paragraph (i) hereof are storm, flood, fire, riot ,industrial dispute, labour disturbance or any other emergency reasonably requiring such action by the Company.

5.               (i)  The Customer shall reimburse all duties and taxes that the Company may be required to pay in respect of the goods

CHARGES, PAYMENTS AND LIEN

6              The Company’s charges, which may be increased from time to time by at least 21 days prior notice to the Customer, shall be payable in advance in respect of each complete period of four weeks or part thereof  (being a minimum period of one week) plus VAT payable in respect of each complete period of four or part thereof (being a minimum of one week) during the period of storage and in any event for the duration of this agreement. The Company shall not be bound to allow the removal by the Customer or a person authorised by the Customer of the Goods from the Company by the Customer before all amounts due to the Company have been paid. Interest on amounts due and unpaid shall be payable from the date when payments of such amounts fell due and shall be calculated on a daily basis at the rate of 8 per cent per annum. Further, the Company shall have a general as well as a particular lien on the Goods for the payment of all amounts due from the Customer on any account any during the whole period of the exercise of such lien the Company may continue to charge its four weekly storage charges or part thereof (being a minimum period of one week).

ACCESS

6              Subject to condition 8, the customer and any person authorised in writing shall be entitled during the entitled currency of the Agreement (but not thereafter) to have access to the Goods Monday – Friday 9am to 5pm outwith these hours by prior arrangement.

TERMINATION

8.             (i) The Goods shall be removed by the Customer from the custody or control of the Company at such dates as may have been agreed between the parties. In the absence of such agreement, and otherwise where reasonably necessary, the Company may at any time by notice in writing to the Customer require removal of the Goods within 21 days from the date of such notice.

(ii) In the event of failure by the Customer to pay any amount due to the Company or to remove any of the Goods from the custody or control of the Company (notice in accordance with 9 (i) having been given) at all due time, the Company may, without prejudice to its other rights and remedies against the Customer given notice in writing to the Customer of the Company’s intentions to sell or otherwise dispose of the Goods at the Customer’s entire risk and expense if such amount is not paid and/or such Goods are not removed within 21 days, on the expiry of such period, is such payments has not been made and/or the Goods have not been moved so the Company shall be entitled to sell or otherwise dispose of all or any part of the Goods at the Customers entire risk and expense by the best method reasonably available, and the proceeds of any sale or disposal shall be remitted to the Customer after deduction there from of all expenses and all amounts due to the Company from the Customer on any account

RESPONSIBILITY

9.             The Company shall be relived of its contractual obligations to the extent that their performance is prevented by, or their non-performance is the direct or indirect consequence of the act, neglect, or default of the Customer, including any breach by the Customer of the warranties contained in Condition 2, or by storm, flood, fire, explosion, riot, industrial dispute, labour disturbances or other cause beyond the reasonable control of the Company

10.            The Company reserves the right to refuse to accept, handle, store or carry any goods and acceptance for storage shall not imply any warranty as to fitness for storage.

11.            The Customer shall not be entitled to set off any amount due to it by the Company against any payments which are due by it to the Company under the Agreement or otherwise.

12             This Agreement is personal to the Customer and shall not otherwise be transferred by the Customer without prior written consent of the Customer.

13            Any notice or statement of account given by the Company to the Customer shall be duly given if left or sent by registered or recorded delivery to the last known address of the Customer, or sent by e-mail to the last known e-mail address of the customer and such notice and account shall if posted or sent by e-mail be deemed to have been given two week-days after posting or being sent by e-mail.

14            These conditions shall prevail over any terms or conditions contained in the Customer’s order, acceptance or other communications and shall be deemed to have been accepted by the Customer in preference to such other conditions, unless the Customer has notified the Company specifically in writing of any proposed variation of these conditions and such variation has been agreed specifically in writing by the Company.

15             All contract between the Company and the Customer shall be governed in all respect by The Law of Scotland and the Customer hereby submits to the exclusive jurisdiction of the Scottish Courts.