WOODPECKER SELF STORAGE – TERMS AND CONDITIONS

INTERPRETATION

The following definitions and rules of interpretation apply in this Licence:

  1. 1.1 Definitions:
    1.1.1 "Barrier System" means the barrier system situated at the entry point to the Site for which the Customer shall receive an access code.
    1.1.2 "Customer, you, your" means the customer wishing to store Property in the Unit as named on the Order Form.
    1.1.3 "Deposit" means the sum set out in the Order Form, being 4 weeks’ Licence Fee.
    1.1.4 “Designated Hours” means 24/7 access 365 days a year.
    1.1.5 “Licence” means this agreement, made up of the Order Form, these Conditions and the StoreProtect Addendum (where applicable).
    1.1.6 "Licence Fee" means the amount set out in the Order Form per month or such other amount as Woodpecker Self Storage in its absolute discretion may from time to time determine on giving 4 weeks' notice to the Customer.
    1.1.7 "Licence Period" means the period (which must be no less than the Minimum Licence Period) starting on the Start Date specified on the Order Form and ending when this Agreement is terminated in accordance with clauses 7 or 8.
    1.1.8 "Minimum Licence Period" means 4 weeks.
    1.1.9 "Order Form" means the attached customer order form setting out the specific details of this Licence and signed by the Customer.
    1.1.10 "Permitted Use" means the storage of Property only in accordance with the terms of this Licence.
    1.1.11 "Property" means the goods and property of the Customer stored in the Unit.
    1.1.12 "Site" means the applicable storage site as identified on the Order Form.
    1.1.13 "Unit" means the storage room allocated to the Customer by Woodpecker Self Storage and as identified by number on the Order Form.
    1.1.14 "Woodpecker Self Storage, we or our" means Woodpecker Self Storage which is a trading division of Willbox Ltd (company number: 04075696) and whose registered office is at Manor House Avenue, Millbrook, Southampton, Hampshire, SO15 0LF.
    1.1.15 "Start Date" means the date set out in the Order Form being the date this Licence commences.
    1.1.16 “StoreProtect” means an agreement between you and Woodpecker Self Storage in which Woodpecker Self Storage accept an enhanced liability in return for payment of the StoreProtect Charges in accordance with the terms of the StoreProtect Addendum, this Licence and the Order Form.
    1.1.17 “StoreProtect Addendum” means the addendum attached to this Licence relating to StoreProtect.
    1.1.18 “StoreProtect Charges” means the charges related to StoreProtect as set out in this Licence and the associated Order Form.

1.2 Clause headings shall not affect the interpretation of this Licence.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 A reference to writing or written includes email.

2. STORAGE LICENCE

2.1 Subject to payment of the Licence Fee, Woodpecker Self Storage permits the Customer to use the Unit for the Permitted Use for the Licence Period and grants access onto the Site during the Designated Hours via the Barrier System for the purposes of travelling to and from the Unit.
2.2 Woodpecker Self Storage shall use reasonable endeavours to provide the Customer with advance warning of necessary changes to the Designated Hours, however reserves the right to change the Designated Hours temporarily to other reasonable times, without giving the Customer prior notice.
2.3 The Customer acknowledges that:
2.3.1 the Customer shall use the Unit as a licensee and that no relationship of landlord and tenant is created between Woodpecker Self Storage and the Customer;
2.3.2 Woodpecker Self Storage retains control, possession and management of the Unit and the Customer has no right to exclude Woodpecker Self Storage from the Unit;
2.3.3 it is the Customer’s responsibility to check that the Unit is suitable for the storage of the Property and Woodpecker Self Storage give no warranty in this respect;
2.3.4 this licence is personal to the Customer and is not assignable and the rights given in clause 2.1 may only be exercised by the Customer; and
2.3.5 Woodpecker Self Storage shall be entitled at any time on giving not less than 2 weeks' notice to require the Customer to transfer to a comparable Unit elsewhere on the Site and you shall comply with such requirement. In such circumstances, Woodpecker Self Storage agrees to pay your reasonable costs of removal, approved in writing in advance of such removal.

3.DEPOSIT AND CHECKS

3.1 The Customer shall pay Woodpecker Self Storage the Deposit on or before the Start Date. The Deposit shall be returned to the Customer (without interest) upon termination of this Licence in accordance with clauses 7 and 8, less any amount Woodpecker Self Storage may deduct to cover the following:
3.1.1 any unpaid monies due to Woodpecker Self Storage in accordance with this Licence; or
3.1.2 any costs incurred in accordance with clause 9.2 and/or repairs, maintenance or cleaning which Woodpecker Self Storage consider reasonably required as a result of the storage of the Property in the Unit, in order to bring the Unit up to substantially the same standard and condition as it was on the Start Date.

3.2 Woodpecker Self Storage shall repay the Deposit (less any deductions made in accordance with clause 3.1) to the Customer within 28 days of termination of this Licence via the Customer’s original method of payment, unless otherwise agreed.
3.3 Woodpecker Self Storage reserves the right to carry out a credit check or request a guarantor of your payment obligations (at its sole discretion) before agreeing to grant you (or continuing to permit you to enjoy) the rights set out in clause 2.1.

4. PAYMENT OF THE FEES

4.1 The Customer agrees and undertakes:
4.1.1 to pay to Woodpecker Self Storage the Licence Fee payable without any deduction in advance on the Start Date and on the same date (or the nearest date thereto) in each month thereafter, together with such VAT as may be payable on the Licence Fee;
4.1.2 to pay to Woodpecker Self Storage the StoreProtect fee contained in this Licence, together with such VAT as may be payable on the StoreProtect fee (where applicable);
4.1.3 to complete and return the direct debit mandate supplied by Woodpecker Self Storage prior to the Start Date. The Licence Fee and StoreProtect fee (where applicable) is to be paid by direct debit unless otherwise agreed with Woodpecker Self Storage; and
4.1.4 to pay to Woodpecker Self Storage interest on the Licence Fee or other payments due at the rate of 8% per annum above the base rate of Lloyds Bank Plc from time to time calculated on a daily basis from the due date until payment if the Customer shall fail to pay the Licence Fee or any other payments due under this Licence within 14 days of the due date (whether formally demanded or not).

4.2 Woodpecker Self Storage shall have a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Property as security for your obligation to make payments under this Licence. If any sum owing to Woodpecker Self Storage is not paid when due (“Debt”), you authorise Woodpecker Self Storage without further notice to:
4.2.1 refuse you and your agents access to the Property, the Unit and the Site and to overlock the Unit until the Debt is paid in full;
4.2.2 enter the Unit and inspect and/or remove or store the Property elsewhere and charge you all reasonable costs in doing so; and
4.2.3 apply the Deposit against the Debt and if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Property (having given you 14 days’ prior written notice of its intention to do so).

Woodpecker Self Storage shall sell the Property for the best price reasonably available in the open market, as if it was owner and will pass all rights of ownership in the Property to the buyer. If the sale proceeds do not fully discharge the Debt, you must pay Woodpecker Self Storage the balance immediately upon demand. If the sale proceeds exceed the Debt, Woodpecker Self Storage will hold the balance for you but no interest shall be payable. If in the sole opinion of Woodpecker Self Storage, the Property is not saleable or fails to sell when offered, you authorise Woodpecker Self Storage to treat the Property as abandoned and Woodpecker Self Storage may dispose of the Property as it sees fit at your cost without further reference to you.

4.3 Woodpecker Self Storage may vary the Licence Fee or any other term of this Licence as long as it provides you with 4 weeks’ notice of such changes. Your continued use of the Unit will be considered your acceptance of such amended terms.

‍5. CUSTOMER OBLIGATIONS

5.1 You shall comply with all reasonable instructions of Woodpecker Self Storage (or its agents) and observe any rules and regulations which Woodpecker Self Storage makes and notifies to you from time to time governing your use of the Unit and access to the Site, including but not limited to the following:
5.1.12 not to cause or permit to be caused any damage to:
5.1.12.1 the Unit, the Site or any neighbouring property; or
5.1.12.2 any property of other customers of Woodpecker Self Storage;
5.1.13 not to do anything that will or might vitiate in whole or in part any of Woodpecker Self Storage’s own insurance or that of any other person in respect of the Unit and the Site or any other property from time to time or cause the premium to increase; and
5.1.14 to leave the Unit in a clean and tidy condition and to remove all Property from the Unit by the end of the Licence Period. Woodpecker Self Storage may otherwise retain all or part of the Customer’s Deposit in accordance with clause 3.1.2.

5.2 The Customer shall indemnify Woodpecker Self Storage and keep Woodpecker Self Storage indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
5.2.1 the Customer’s exercise of any rights given in clause 2;
5.2.2 any breach by the Customer of the terms of this Licence; and
5.2.3 Woodpecker Self Storage’s enforcement of the terms of this Licence.

6. ACCESS TO THE UNIT BY WOODPECKER SELF STORAGE

6.1 You permit Woodpecker Self Storage and its agents and contractors to enter the Unit and if necessary to break the padlock to gain entry:
6.1.1 if Woodpecker Self Storage gives you not less than 7 days' notice that it wishes to inspect the Unit or carry out repairs, maintenance and/or alterations to it;
6.1.2 at any time without prior notice to you if Woodpecker Self Storage:
6.1.2.1 reasonably believes that the Unit contains any items described in clause 5.1.11 or is being used for a purpose other than the Permitted Use;
6.1.2.2 is required to do so by law; or
6.1.2.3 reasonably believes it necessary in an emergency and/or to prevent injury or damage to persons or property.

7. RIGHT TO CANCEL – SHALL NOT APPLY TO TRADE/BUSINESS CUSTOMERS

7.1 If you are a consumer (an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession) and this Licence is made with Woodpecker Self Storage online, by email or phone or by some other distance means, then the Customer may be entitled, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to cancel this Licence with Woodpecker Self Storage within 14 days of the date upon which this Licence is entered into, without giving any reason (“Cancellation Period”).

7.2 If you cancel within the Cancellation Period, you will not be liable to pay any charges to Woodpecker Self Storage, unless you have expressly asked on the Order Form for Woodpecker Self Storage to provide storage facilities within the Cancellation Period. If you do request Woodpecker Self Storage to begin providing services within the Cancellation Period, Woodpecker Self Storage shall be entitled to charge for services provided up to the point you cancel in accordance with this Licence.

7.3 If this cancellation right applies to you and you wish to cancel within the Cancellation Period, you can notify Woodpecker Self Storage accordingly by post, telephone or email or by completing and sending Woodpecker Self Storage the model cancellation form attached to these terms and conditions.

8. TERMINATION

8.1 This Licence shall end on the earliest of:
8.1.1 if a fixed Licence Period is specified on the Order Form, on the last day of the Licence Period so specified;
8.1.2 if no fixed Licence Period is specified, upon either party giving not less than 28 days’ prior written notice of termination to the other (such notice to expire after the Minimum Licence Period); or
8.1.3 Woodpecker Self Storage giving notice to the Customer to terminate this Licence with immediate effect:
8.1.3.1 if the Customer breaches any of the obligations contained in this Licence;
8.1.3.2 the Customer (being a business/trade customer) takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors, being wound up, having a receiver appointed to any of its assets or ceasing to carry on business;
8.1.3.3 the Customer (being an individual) is the subject of a bankruptcy petition, application or order.

8.2 Termination of this Licence shall not affect the rights of either party in connection with any breach of any obligation under this Licence which existed at or before the date of termination.

9. REMOVAL OF PROPERTY UPON TERMINATION

9.1 Upon termination of this Licence in accordance with clause 8.1.1 or 8.1.2, you must remove your Property from the Unit by the last day of the Licence Period (the "Final Clearance Date") and leave the Unit clean and tidy and in the same condition as at the Start Date. In the event of termination under clause 8.1.3, unless Woodpecker Self Storage gives you notice that it is exercising a lien over your Property due to non-payment of debts under this Licence, you must remove your Property from the Unit within 7 days.

9.2 If the Unit is not cleared by the Final Clearance Date, Woodpecker Self Storage may treat the Property as abandoned and recover possession of the Unit, breaking the padlock if necessary. The Property may be moved to an alternative storage facility. If Woodpecker Self Storage still does not hear from the Customer (having given it 14 days' further notice), it shall be entitled to either sell (passing ownership to the buyer) or destroy the abandoned Property at its option. The Customer shall be liable to pay all reasonable costs incurred by Woodpecker Self Storage in removing the Property, selling it and/or destroying it. If any sale proceeds do not fully discharge monies owed to Woodpecker Self Storage, you must pay Woodpecker Self Storage the balance immediately upon demand. If the sale proceeds exceed the monies owed, Woodpecker Self Storage will hold the balance for you, but no interest shall be payable.

10. PRIVACY

10.1 Woodpecker Self Storage shall process the Customer’s personal data in accordance with all applicable data protection legislation. For further information, please see Woodpecker Self Storage’s privacy policy which can be found on Woodpecker Self Storage’s website at https://www.woodpeckerselfstorage.co.uk/legal//privacy-policy.

11. INSURANCE

11.1 Woodpecker Self Storage does not insure your Property.

11.2 It is a condition of this Licence that the Customer shall either:
11.2.1 take out and maintain adequate insurance in respect of the Property covering normal perils with a reputable insurance company for a sum which is at least equal to the Maximum Replacement Value of the Property from time to time as set out on the Order Form and provide a copy to Woodpecker Self Storage upon request; or
11.2.2 pay for StoreProtect, in which case our liability to you is increased in certain circumstances.11.3 Woodpecker Self Storage does not give any advice or recommendation regarding any insurance policy and its suitability to cover the Property and risks to it.11.4 Production of your insurance documents to Woodpecker Self Storage to demonstrate cover as required by this Licence and the Order Form does not mean that we have approved the cover or confirmed it is sufficient.

12. LIMITATION OF WOODPECKER SELF STORAGE'S LIABILITY

12.1 Nothing in this clause 12 shall limit or exclude Woodpecker Self Storage's liability for:
12.1.1 death or personal injury caused by negligence on the part of Woodpecker Self Storage or its employees or agents;
12.1.2 fraud or wilful default; or
12.1.3 any matter in respect of which it would be unlawful for Woodpecker Self Storage to exclude or restrict liability.

12.2 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Licence.12.3 Subject to clauses 12.1 and 12.4:
12.3.1 Woodpecker Self Storage is not liable to you for loss or damage to your business (if any) or for any indirect or consequential loss, loss of profits or business interruption, whether such liability arises in tort (including negligence), breach of contract or otherwise; and
12.3.2 Woodpecker Self Storage shall only be liable to you for loss or damage to your Property or for any claim for the return of the Storage Fees where this results from Woodpecker Self Storage’s negligence or breach of contract, in which case Woodpecker Self Storage’s liability shall be limited to £100 in total.12.4 Our liability to you for damage to your Property caused by our breach of contract or negligence shall be increased, in certain circumstances, to the Maximum Replacement Value if you have purchased StoreProtect from us. The scope and extent of our liability to you if you have purchased StoreProtect is set out in the StoreProtect Addendum.

14. NOTICES

14.1 Any notice given under this Licence shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service or by email to the relevant party as follows:
14.1.1 to Woodpecker Self Storage at: Crescent Estate, Station Road, Nursling, Southampton, SO16 0YD, hello@woodpeckerselfstorage.co.uk; and
14.1.2 to the Customer at: the contact details as set out in the Order Form,
or as otherwise specified by the relevant party by notice in writing to each other party.

14.2 Any notice given in accordance with clause 14.1 will be deemed to have been received:
14.2.1 if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
14.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
14.2.3 if sent by email, at the time of transmission.14.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

15. GENERAL

15.1 A person who is not a party to this Licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.

15.2 Woodpecker Self Storage may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under this Licence.

15.3 This Licence and the StoreProtect Addendum (where applicable) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

15.4 No failure or delay by a party to exercise any right or remedy provided under this Licence or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

15.5 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Licence.

15.6 This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15.7 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Licence or its subject matter or formation (including non-contractual disputes or claims).

MODEL CANCELLATION FORM

Explanatory Note
If you are a consumer (an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession) and your agreement with us is made over the phone, by email, or by other distance means, or if we have made our agreement with you away from our offices, such as at your home, then you may be entitled, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to cancel your agreement with us within 14 days without giving any reason. You may refer to our standard terms of business for more information on this right.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax, or e-mail). You may use this attached model cancellation form, but it is not obligatory.
The cancellation period will expire after 14 days from the day of the conclusion of your agreement with us.

Cancellation Instructions
To: Willbox Limited t/a Woodpecker Self Storage
For the attention of:

I hereby give notice that I wish to cancel my agreement with you for the provision of storage services entered into on [insert date].

Name of Customer:

Address of Customer:

Signature of Customer:

Date:

‍

StoreProtect Addendum

Our Conditions of Agreement restrict liability to negligence only up to a maximum of £100 and require You to arrange insurance cover for the Maximum Replacement Value of Your Property. As an alternative, We can accept an enhanced liability for Loss or Damage which may occur during storage. "StoreProtect" means an agreement to accept an enhanced liability for Loss or Damage to Your Property as described in this Addendum. “StoreProtect Charges” means the additional charges set out in the Self Storage Agreement for StoreProtect.

Please take the time to read the detailed terms in the table below. In particular, 'Exclusions – what StoreProtect does not provide for' as this includes terms where We limit or exclude liability to You in certain circumstances.

Note: StoreProtect is not a contract of insurance. We are not an insurance company, nor are We acting as Your agent. We are under no obligation to arrange an insurance policy in Your name. We assume the risk of liability but may, at Our option, arrange insurance which provides cover for Our liability to You in certain circumstances.

StoreProtect may not be available in certain circumstances, and We reserve the right to decline at its sole discretion where You have indicated that You wish to opt for StoreProtect.

Detailed terms

Definitions

For the purposes of this Addendum, the following definitions shall apply:

·  "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.

·  “Loss” or “Damage” means identifiable losses, destruction of or damage to Your Goods, wilful acts, omissions and default, including theft by forcible entry or damage caused by Us, Our employees, agents or representatives while the Goods are in the unit.

StoreProtect - What do I receive?

✔︎ In return for payment of the StoreProtect Charges, We agree to accept an enhanced liability for Loss or Damage to Your Property and the limit of £100 in the event of negligence shown in the enclosed Conditions of Agreement will not apply.

✔︎ Instead, We accept liability for Loss or Damage (as defined) to Your Property following a breach of its Duty of Care 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').

✔︎ Our 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).

✔︎ Our 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 Our option. We accept no liability for depreciation following repair.

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

✔︎ If you submit a claim, additional claims processing administration charges apply. We will deduct a £50 charge from any settlement awarded to You to cover Our administration costs (“Claims Admin Fee”).

Our Duty of Care under StoreProtect

  • We are responsible for maintaining the Facility in a secure condition and will provide its services with reasonable skill and care.
  • Our liability in relation to the Goods under StoreProtect shall be that of a reasonably careful person under like circumstances. We shall not be liable for any Loss or Damage to the Goods, however caused, while the Goods remain in the unit or under Our care, custody or control, unless such Loss or Damage resulted from Our failure to exercise such care in relation to the Goods as a reasonably careful person would exercise under like circumstances, and We will not be liable for damages which could not have been avoided by the exercise of such care. 

Your Responsibility

To opt for StoreProtect, it is Your responsibility to:

  • 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.

Proportional Reduction

If the Maximum Replacement Value You provide is less than the actual total Replacement Value of all of Your Property stored in your unit at the time of Loss or Damage, then Our liability will be reduced to reflect the proportion that Your Maximum Replacement Value bears to the actual total Replacement Value ("Proportional Reduction"). 

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

Exclusions – what StoreProtect does not provide for

StoreProtect cannot be accepted for:

×  any motorcar, motorbike, boat, caravan, motorhome or any other motorised vehicle and trailers  ("Vehicles") stored outside of a unit;

×  Any food or perishable Goods; or

×  Any delivery and collection Goods.

Our liability for the Goods listed above is restricted 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

Our 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 Us 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

We 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 by a breach of Our 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;

General Exclusions and Limitations‍

  • We exclude and limit 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 Our 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.
  • We will not be liable for any Loss or Damage to Your Property unless You notify Us in accordance with the requirements set out in the Liability Claim Notification section of this Addendum.

Maximum Liability

We will have no liability under any circumstances for Loss or Damage to Your Property over and above the Maximum Replacement Value, or the actual value of Your Property either lost or damaged if this is less than the Maximum Replacement Value.

Why We restrict liability

It is not always clear how Loss or Damage was caused, so We must limit or exclude liability for Loss or Damage to Your Property in certain circumstances. We also cannot accept liability for Loss or Damage which could not have been reasonably avoided. Please be reminded that StoreProtect is not a contract of insurance and You have the option to arrange Your own insurance separately.

Our Agreement

Our standard Conditions of Agreement also apply in full to this Agreement, save that, if You opt for StoreProtect: (a) We agree to accept an enhanced liability as described above (so, the £100 limit stated in the Conditions of Agreement is replaced by the Maximum Replacement Value (taking into account any Proportional Reduction) and Our Duty of Care in respect of Your Property is as set out above); and (b) the requirement to insure Your Property stated in the Conditions of Agreement becomes an option instead of a requirement.

Failure to pay StoreProtect Charges

  • If You fail to pay the StoreProtect Charges in full on the due date for payment, You will not benefit from the enhanced liability that We offer under StoreProtect. Our liability to You will, instead, be restricted to negligence once up to a maximum of £100 and You will be required to insure Your Property in accordance with the Conditions of Agreement.
  • At Our sole discretion, We 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.

Termination/Cancellation

Your right to cancel StoreProtect

You have the right to cancel StoreProtect at any time by giving Us written notice prior to removal of Your Property from storage. You can provide notice by emailing Us at hello@woodpeckerselfstorage.co.uk or by writing to Willbox Ltd (T/A Woodpecker Self Storage), Site 2 Crescent Estate, Station Road, Nursling, Southampton, SO16 0YD

  • If You cancel StoreProtect prior to the storage services commencing, We will refund to You all StoreProtect Charges paid by You.
  • If You cancel StoreProtect after the storage services have started, We 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 We receive Your notice to cancel).

Our 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 We cancel or terminate StoreProtect, We 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 We notify to You).

General‍

  • Our liability to You after the StoreProtect cancellation date will be restricted to negligence only up to a maximum of £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 Us the full amount of notice in accordance with the Conditions of Agreement.

Liability Claim Notification

Where Your Property is Lost or Damaged - Notification Condition

1. If You have Your own insurance in place to cover Loss or Damage to Your Property, You must recover Your losses from Your insurers in the first instance.

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

            i. When the Facility is attended by Our employees ("Manned"), You must notify Us 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 Our 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 Us via email to hello@woodpeckerselfstorage.co.uk 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. We 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 Us 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 Us in writing or via email to hello@woodpeckerselfstorage.co.uk within seven (7) days of discovery. In exceptional circumstances, We 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 Us of any Loss or Damage to Your Property, the sooner We can establish the cause and properly investigate. We will provide You with a claim form, and You must make every effort to return Your completed form within a reasonable time. We will not be liable for any Loss or Damage to Your Property unless You notify Us in compliance with the requirements set out under Condition 2.

4. Once You have notified Us of Loss or Damage, if You do not receive a response from Us within a reasonable time, You may contact Our claims agent directly at RCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United Kingdom Tel: +44 (0) 1372 385970 Email: info@removalclaims.co.uk.

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 the water source. You must inform Us 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 We have had a reasonable opportunity to inspect (if necessary) any damage; and (d) We may make such enquiries as necessary to investigate the Loss or Damage to Property and You agree to co-operate with Us in Our enquiries, and to provide any additional relevant information without delay where We request this.

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

7.  If You provide Us 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, We may: reject the claim; where applicable, cancel or void the StoreProtect Addendum without refund of StoreProtect Charges; and recover from you any costs We have incurred in dealing with your claim

StoreProtect -  Additional Claim Requirements

For  Us to fully assess Your claim, the following additional information may be  required:

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. We 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.