AGREEMENT FOR RENTAL OF STORAGE SPACE
Storage Solutions/Leon Fitzpatrick
Calle Mario Campinoti, 3
Urb. Parque Empresarial Polaris World
Distrito Balsicas
Torre-Pacheco, 30591
Murcia
Tlf : 0034 652 170 057
Email :info@storagesolutions.es
______________________________________________________
1. Definitions: Within these terms and conditions the following words have the following meanings: (You, Your): the customer or the renter of the storage unit(s). (We, we, Us, us, Our, our) refer to Storage solutions. (Broker): refers to Storage Solutions. (Carrier): External transport company . (Goods, goods): Anything you store in one of our storage units. (Unit, unit): The storage space unit. (Start Date, start date): The first date specified on the rental contract. (Site, site): The Storage solutions premises. (Access Hours, access hours): The hours specified on the rental contract when you can access your storage. (Due Date, due date): The date specified for payment in the rental contract, or the previous business day if they due date falls on a public holiday, a Saturday or a Sunday.
2. Your Rights: We only permit the person who has signed the rental contract to use the unit in accordance with our terms and conditions from the start date of the rental contract until the rental contract is terminated.
3. Prior Inspection: You must carry out an inspection of your storage unit before storing any goods within it, and inform us if you feel it is unsuitable or damaged in any way. If this is not done, the unit will be deemed suitable and in good condition from the start date of your rental contract.
4. Access to the storage unit: You have access to the unit any time during the access hours 09.00 - 1800. We may change the access hours if necessary without prior notice.
5. Any other persons wishing to access the storage unit, must have written authorization from you, or be accompanied by you. We will require proof of identity of the person wishing to access your storage unit. We can refuse access to any unit at any time without prior notice.
6. Only you are responsible for providing a secure padlock to lock your unit, unless the unit is fitted with a mortar lock and you must ensure it is locked at all times. We are not responsible for breaking locks if you lose keys or for locking units which are left unlocked.
7. We are permitted to enter any storage units in case of emergency at any time. If repairs or maintenance are needed to the unit, which are not an emergency, we will give you a minimum of 7 days ́
8. We can enter the unit at any time by breaking the lock if: We believe that you are storing prohibited goods or you are in breach of your rental contract, if we are instructed to do so by the Police, Fire Service or Local Authorities, or by Court Order.
9. You confirm that the goods being stored are your own property or that you have been given authority by the owner of the goods to store them.
10. You may only use the unit for storage which is not prohibited. Items which are prohibited include: Food or perishable goods, live creatures, combustible or flammable materials or liquids, including petrol, oil or paint, explosives, weapons or ammunition, chemicals, radioactive materials, toxic waste, asbestos, illegal substances or goods which have been illegally obtained.
11. You are not permitted to: Do any mechanical work of any kind in the unit or within our warehouse, attach anything to the walls, ceilings, floor or doors of the unit or make any alteration to the unit, cause any damage to the unit or allow any smell or odor to escape from the unit. The cost of any damage you make to the unit will be charged to you. You must not cause any obstruction within the warehouse. Only Storage solutions staff are permitted to load and unload.
12. You must inform us as quickly as possible of any damage to the unit, and always comply with the directions of our employees at the site.
13. Moving Goods: If necessary, we may ask you to move your goods from one unit to another. We will give you seven days ́ notice if goods need to be moved.
14. Deposit: €100 A deposit must be paid to us when you sign or agree with the rental contract. The deposit will be returned to you, without interest within 21 days of the contract being terminated, less any amount we deduct to cover, where necessary, the repair or damage to the unit or unpaid fees.
15. Fees and Payment: You must pay us the fees for the minimum period of storage on signing the rental contract, and continue to pay the fees on or before the due date after the first payment. If your fees are not paid by the due date you will be liable to pay a late payment charge of 10% of the fees due (minimum charge 5€ for each period of two weeks).
A fee may be agreed in advance if loading/unloading with an outside company - €100 is the set standard rate.
Outside removal companies must be booked a minimum of 3 days in advance , we will require the exact time of arrival, licence plate number, Drivers and porters ID, copy of removal and public liability insurance.
The same conditions will apply to any type of commercial van Loading or unloading outside or inside the storage facility, to include private companies, Friends with a commercial vehicle , SL and LTD Companies
16. If payments are returned or refused, we will make a further charge of 20.00€ plus IVA each time your payment is returned.
17. Alteration of Fees: We may alter the licence fees at any time by giving you prior notice, and the new fees will take effect on the first due date, not less than four weeks after the date of notice.
18. Non-payment of Fees: If you fail to pay the fees on the due date, we may break the lock on your unit, and install a new lock without prior notice, whether we have terminated your contract or not. If we decide to exclude you from the site, you will still be obligated to pay any unpaid fees or late payment charges.
19. If fees are still outstanding one month after the due date we may: (i) Give you written notice that all goods in your storage unit will be removed if the outstanding fees have not been paid within 72 hours of posting this notice to the address stated on the rental contract. (ii) Remove the goods from the storage unit and charge you the full cost of removing the goods (iii) Sell the goods on your behalf and use the proceeds of the sale to clear any outstanding fees which you owe to us. (iv) Dispose of any goods unsold.
We reserve the right to deny access to the facilities to any client with outstanding debts, this will include international moving and domestic
International moves are subject to inspection by the clients before domestic delivery . (v)
20. You or we may terminate the rental contract by giving not less than 1 month written notice if we see fit to do so. Any fees paid up front will be refunded, less any discounts given. Reservation deposits are non-refundable in the event of a cancellation.
21. You may not terminate your rental contract if any fees or late payment charges are outstanding, or if you are in any way in breach of this contract.
22. We may terminate your rental contract immediately if you are in breach of any term of the contract.
23. If you terminate your rental contract, you must leave the storage unit as you found it, empty of all goods, clean and tidy. We may charge you if goods are left in the unit or if it is not left in a clean condition.
24. Any goods left in the unit after termination of your rental contract can be disposed of by us.
25. Insurance cover is compulsory. Goods are not automatically insured. We can arrange insurance for you. If you do not insure your goods
through us, the storage of goods are at your own risk, and it is your responsibility to insure them to their full replacement value. You may arrange alternative insurance, providing you supply us with a copy of the insurance policy and the policy number.
`Insurance is available at 5 euro per month covering up to 3000 euros. ( excess 350 euros )
Higher coverage can be arranged separately upon request.
26. broker´s undertaking : arranging of carriage or performing of carriage
26.(a). Customer & carrier understand and agree that Storage solutions are a broker services. (b). When broker arranges the carriage, broker is neither acting in the capacity of a motor/furniture carrier nor a freight forwarder and broker does not hold itself out in those capacities for the booking of the carriage. Rather, broker will contract carriers on behalf of customer to perform the carriage and the carrier, not the broker, will prepare and provide the contract of carriage; (c)- Carrier shall perform the carriage pursuant to the terms and conditions set out in its contract of carriage and broker shall not be responsible for any disputes, claims or damages, including loss, damage, delay, destruction or theft of goods arising directly or indirectly out of the carriage, and such disputes, claims and damages shall be resolved solely between customer and carrier; (d). Customer agrees that it may select broker to perform the carriage in its capacity . In such case, the respective rights, obligations and liabilities as between customer and broker for such carriage shall be determined exclusively in accordance with the terms and conditions of the applicable contract of carriage issued by broker for the shipment.
(e). Except as specifically set forth in these brokerage terms, broker makes no express or implied warranties in connection with its services. Customer agrees that these brokerage terms, satisfies the express written waiver required under spanish law of all customer’s rights and remedies under the spanishl law excluding the provisions governing registration, insurance, or safety fitness.
(f). Should the client or carrier fail to complete any part of written or verbal agreement, Storage solutions has the right to cancel any agreement. Any commissions/charges will still be liable by either the client, carrier or both.
27. Liability Exclusion: We are not and will not be liable for any loss including damage, economic or consequential loss to the goods stored in the unit, whether or not the loss or damage is due to negligence or wilful default by us or our employees or other customers. We will not be liable for any loss including damage, economic or consequential loss incurred by you as a result of damage or loss to your goods.
28. The Liability Exclusion, in condition 26 does not apply where our negligence or wilful default of our employees causes you physical injury or death of any person.
29. Indemnity: You will indemnify us against all claims, demands, liabilities, damages, costs and expenses incurred by us or any of our employees, or which arise out of the breach of this agreement by you.
30. Notices: Any notice given under this rental contract must be in writing. Any notice sent to you will be sent to the address on the rental contract. Notices sent to us must be posted to the address set out on this rental contract. Notices delivered personally will be served immediately, providing this rental contract has not been breached in any way.
31.Storage solutions shall not be liable for any loss or damage which is suffered as a result of the terms and conditions in the rental agreement being prevented, hindered or delayed by reason of any Act of God, riot, strike or trade dispute, labour disturbance, accident, fire, flood, breakdown of plant or machinery, difficulty in obtaining workmen, materials or transport, electrical failure, goods in transit, delivery, collection or other circumstances which are outside of our control, and which affect the provision by us or the access to the storage units.
32. General: Any delay by us in exercising our rights under this rental contract will not be a waiver of those rights.
33. You may not assign any of our rights or part with possession of the unit to any other person, firm or company.
34. One months notice is required on flexible term agreements at the start of the new term.
35. Variation of these terms and conditions will only be accepted by us if previously agreed and confirmed in writing. We reserve the right to change these terms and conditions without prior notice.
36. Should any one of these terms and conditions become invalid, illegal or unenforceable, the remaining terms and conditions will not be affected in any way.
37. This agreement is governed by Spanish law and to the country to which the person named on the rental contract is a citizen. We submit to the jurisdiction of the Spanish courts and the courts of the country to which the person named on the agreement is a citizen.
38. Where the customer named on the rental contract is two or more persons, their obligations under this agreement shall be joint and several.
39. Failure by the tenant to sign the Agreement for rental does not waive the right of the owner or manager and may result in the refusal to enter the premises.
40. Even if you deliberately do not sign the agreement, because you do not agree some or all of the contract terms, you could still (potentially) be bound by the contract -entire agreement, if it is not signed, other agreements reached verbally or in emails or other documents could form
part of the contract.
The current IVA in Spain is set at a rate of 21%. This is applied to all goods and services that are taxable.
Listed prices are subject to 21% IVA
5. Any other persons wishing to access the storage unit, must have written authorization from you, or be accompanied by you. We will require proof of identity of the person wishing to access your storage unit. We can refuse access to any unit at any time without prior notice.
6. Only you are responsible for providing a secure padlock to lock your unit, unless the unit is fitted with a mortar lock and you must ensure it is locked at all times. We are not responsible for breaking locks if you lose keys or for locking units which are left unlocked.
7. We are permitted to enter any storage units in case of emergency at any time. If repairs or maintenance are needed to the unit, which are not an emergency, we will give you a minimum of 7 days ́
8. We can enter the unit at any time by breaking the lock if: We believe that you are storing prohibited goods or you are in breach of your rental contract, if we are instructed to do so by the Police, Fire Service or Local Authorities, or by Court Order.
9. You confirm that the goods being stored are your own property or that you have been given authority by the owner of the goods to store them.
10. You may only use the unit for storage which is not prohibited. Items which are prohibited include: Food or perishable goods, live creatures, combustible or flammable materials or liquids, including petrol, oil or paint, explosives, weapons or ammunition, chemicals, radioactive materials, toxic waste, asbestos, illegal substances or goods which have been illegally obtained.
11. You are not permitted to: Do any mechanical work of any kind in the unit or within our warehouse, attach anything to the walls, ceilings, floor or doors of the unit or make any alteration to the unit, cause any damage to the unit or allow any smell or odor to escape from the unit. The cost of any damage you make to the unit will be charged to you. You must not cause any obstruction within the warehouse. Only Storage solutions staff are permitted to load and unload.
12. You must inform us as quickly as possible of any damage to the unit, and always comply with the directions of our employees at the site.
13. Moving Goods: If necessary, we may ask you to move your goods from one unit to another. We will give you seven days ́ notice if goods need to be moved.
14. Deposit: €100 A deposit must be paid to us when you sign or agree with the rental contract. The deposit will be returned to you, without interest within 21 days of the contract being terminated, less any amount we deduct to cover, where necessary, the repair or damage to the unit or unpaid fees.
15. Fees and Payment: You must pay us the fees for the minimum period of storage on signing the rental contract, and continue to pay the fees on or before the due date after the first payment. If your fees are not paid by the due date you will be liable to pay a late payment charge of 10% of the fees due (minimum charge 5€ for each period of two weeks).
16. If payments are returned or refused, we will make a further charge of 20.00€ plus IVA each time your payment is returned.
17. Alteration of Fees: We may alter the licence fees at any time by giving you prior notice, and the new fees will take effect on the first due date, not less than four weeks after the date of notice.
18. Non-payment of Fees: If you fail to pay the fees on the due date, we may break the lock on your unit, and install a new lock without prior notice, whether we have terminated your contract or not. If we decide to exclude you from the site, you will still be obligated to pay any unpaid fees or late payment charges.
19. If fees are still outstanding one month after the due date we may: (i) Give you written notice that all goods in your storage unit will be removed if the outstanding fees have not been paid within 72 hours of posting this notice to the address stated on the rental contract. (ii) Remove the goods from the storage unit and charge you the full cost of removing the goods (iii) Sell the goods on your behalf and use the proceeds of the sale to clear any outstanding fees which you owe to us. (iv) Dispose of any goods unsold.
We reserve the right to deny access to the facilities to any client with outstanding debts, this will include international moving and domestic
International moves are subject to inspection by the clients before domestic delivery . (v)
20. You or we may terminate the rental contract by giving not less than 1 month written notice if we see fit to do so. Any fees paid up front will be refunded, less any discounts given. Reservation deposits are non-refundable in the event of a cancellation.
21. You may not terminate your rental contract if any fees or late payment charges are outstanding, or if you are in any way in breach of this contract.
22. We may terminate your rental contract immediately if you are in breach of any term of the contract.
23. If you terminate your rental contract, you must leave the storage unit as you found it, empty of all goods, clean and tidy. We may charge you if goods are left in the unit or if it is not left in a clean condition.
24. Any goods left in the unit after termination of your rental contract can be disposed of by us.
25. Insurance cover is compulsory. Goods are not automatically insured. We can arrange insurance for you. If you do not insure your goods
through us, the storage of goods are at your own risk, and it is your responsibility to insure them to their full replacement value. You may arrange alternative insurance, providing you supply us with a copy of the insurance policy and the policy number.
20. You or we may terminate the rental contract by giving not less than 1 month written notice if we see fit to do so. Any fees paid up front will be refunded, less any discounts given. Reservation deposits are non-refundable in the event of a cancellation.
21. You may not terminate your rental contract if any fees or late payment charges are outstanding, or if you are in any way in breach of this contract.
22. We may terminate your rental contract immediately if you are in breach of any term of the contract.
23. If you terminate your rental contract, you must leave the storage unit as you found it, empty of all goods, clean and tidy. We may charge you if goods are left in the unit or if it is not left in a clean condition.
24. Any goods left in the unit after termination of your rental contract can be disposed of by us.
25. Insurance cover is compulsory. Goods are not automatically insured. We can arrange insurance for you. If you do not insure your goods
through us, the storage of goods are at your own risk, and it is your responsibility to insure them to their full replacement value. You may arrange alternative insurance, providing you supply us with a copy of the insurance policy and the policy number.
`Insurance is available at 5 euro per month covering up to 3000 euros. ( excess 350 euros )
Higher coverage can be arranged separately upon request.
26. broker´s undertaking : arranging of carriage or performing of carriage
26.(a). Customer & carrier understand and agree that Storage solutions are a broker services. (b). When broker arranges the carriage, broker is neither acting in the capacity of a motor/furniture carrier nor a freight forwarder and broker does not hold itself out in those capacities for the booking of the carriage. Rather, broker will contract carriers on behalf of customer to perform the carriage and the carrier, not the broker, will prepare and provide the contract of carriage; (c)- Carrier shall perform the carriage pursuant to the terms and conditions set out in its contract of carriage and broker shall not be responsible for any disputes, claims or damages, including loss, damage, delay, destruction or theft of goods arising directly or indirectly out of the carriage, and such disputes, claims and damages shall be resolved solely between customer and carrier; (d). Customer agrees that it may select broker to perform the carriage in its capacity . In such case, the respective rights, obligations and liabilities as between customer and broker for such carriage shall be determined exclusively in accordance with the terms and conditions of the applicable contract of carriage issued by broker for the shipment.
(e). Except as specifically set forth in these brokerage terms, broker makes no express or implied warranties in connection with its services. Customer agrees that these brokerage terms, satisfies the express written waiver required under spanish law of all customer’s rights and remedies under the spanishl law excluding the provisions governing registration, insurance, or safety fitness.
(f). Should the client or carrier fail to complete any part of written or verbal agreement, Storage solutions has the right to cancel any agreement. Any commissions/charges will still be liable by either the client, carrier or both.
27. Liability Exclusion: We are not and will not be liable for any loss including damage, economic or consequential loss to the goods stored in the unit, whether or not the loss or damage is due to negligence or wilful default by us or our employees or other customers. We will not be liable for any loss including damage, economic or consequential loss incurred by you as a result of damage or loss to your goods.
28. The Liability Exclusion, in condition 26 does not apply where our negligence or wilful default of our employees causes you physical injury or death of any person.
29. Indemnity: You will indemnify us against all claims, demands, liabilities, damages, costs and expenses incurred by us or any of our employees, or which arise out of the breach of this agreement by you.
30. Notices: Any notice given under this rental contract must be in writing. Any notice sent to you will be sent to the address on the rental contract. Notices sent to us must be posted to the address set out on this rental contract. Notices delivered personally will be served immediately, providing this rental contract has not been breached in any way.
31.Storage solutions shall not be liable for any loss or damage which is suffered as a result of the terms and conditions in the rental agreement being prevented, hindered or delayed by reason of any Act of God, riot, strike or trade dispute, labour disturbance, accident, fire, flood, breakdown of plant or machinery, difficulty in obtaining workmen, materials or transport, electrical failure, goods in transit, delivery, collection or other circumstances which are outside of our control, and which affect the provision by us or the access to the storage units.
32. General: Any delay by us in exercising our rights under this rental contract will not be a waiver of those rights.
33. You may not assign any of our rights or part with possession of the unit to any other person, firm or company.
34. One months notice is required on flexible term agreements at the start of the new term.
35. Variation of these terms and conditions will only be accepted by us if previously agreed and confirmed in writing. We reserve the right to change these terms and conditions without prior notice.
36. Should any one of these terms and conditions become invalid, illegal or unenforceable, the remaining terms and conditions will not be affected in any way.
37. This agreement is governed by Spanish law and to the country to which the person named on the rental contract is a citizen. We submit to the jurisdiction of the Spanish courts and the courts of the country to which the person named on the agreement is a citizen.
38. Where the customer named on the rental contract is two or more persons, their obligations under this agreement shall be joint and several.
39. Failure by the tenant to sign the Agreement for rental does not waive the right of the owner or manager and may result in the refusal to enter the premises.
40. Even if you deliberately do not sign the agreement, because you do not agree some or all of the contract terms, you could still (potentially) be bound by the contract -entire agreement, if it is not signed, other agreements reached verbally or in emails or other documents could form
part of the contract.
The current IVA in Spain is set at a rate of 21%. This is applied to all goods and services that are taxable.
Listed prices are subject to 21% IVA