TERMS AND CONDITIONS OF STORAGE – Kirkham Motor Company Limited
Effective date: October 2016 These terms and conditions of storage together with all order forms, renewal forms, policies and documents referred to in it detail the terms on which the services will be provided. These terms and conditions of storage (collectively the “Terms of Business”) will apply to the services made available by Kirkham Motor Company Limited and specified on the order form/renewal form as the services to be performed by Kirkham Motor Company Limited (collectively the “service”).
1 ABOUT KIRKHAM MOTOR COMPANY LIMITED
2 USE OF OUR SERVICE
By accessing the services you confirm that you will comply with these Terms of Business; you confirm that you are the owner of the vehicle. You shall on or before presentation of the vehicle for storage inform us, in writing, of any special issues required due to the particular nature of the vehicle giving precise details and specifying all precautions necessary. Your attention is drawn to Section 4 – Liability and Insurance, below. We may terminate, discontinue or change all or any part of our service offering, without notice. We will not be liable to you if for any reason our service offering is no longer available for any period. We reserve the right to move the vehicle by driving or otherwise as we deem necessary or appropriate. We further reserve the right to move any vehicle to any other location in the event that the storage facility has to be closed either permanently or temporarily, as deemed appropriate by KMCo. KMCo reserves the right to forcefully enter a vehicle in such a manner as it deems necessary, without being liable for damage caused to facilitate the exercise of the rights conferred in the above paragraph or to abate any nuisance caused by the vehicle.
Documentation and details
It is your sole responsibility to ensure that all ownership documentation and other such documentation (as required and requested by KMCo) is provided prior to presentation of the vehicle for storage. KMCo will not store your vehicle unless and until it is in possession of the V5C registration certificate confirming that you are the registered keeper of the vehicle. In the event that your vehicle is sold in accordance with these Terms of Business, KMCo retains the right to transfer registration of the vehicle to the new owner using the V5C registration certificate as provided to KMCo prior to commencement of the vehicle storage, in accordance with these Terms of Business. You warrant that all information provided by you in respect of the vehicle and yourself is true, accurate and correct. It is your sole responsibility to keep your contact details up to date and to notify KMCo of any changes to your address or contact information. Any notice or communication required to be given or sent by KMCo to you in connection with this agreement shall be deemed to be properly given if sent by post addressed to you at the last address of which you shall have given notice to us.
3 TERM AND PAYMENT
KMCo provides long term storage facilities and care to owners of fine cars, the minimum initial term of storage of a vehicle is three (3) months, and is subject to an upfront, non-refundable, payment of three (3) months’ storage charges. Subject to the minimum term, the initial storage term may be such term as is agreed by KMCo and you. Any extensions of the agreed initial (or subsequent) storage period will be on the same conditions as these, subject to any adjustment of charges or notice of a change to these Terms of Business. Storage charges will be invoiced on a monthly basis, in advance, and are payable by direct debit (or, subject to any applicable surcharge, by direct debit), in accordance with the payment mechanism stipulated on the order or renewal form. All storage fees must be settled in advance, unless expressly agreed otherwise in writing. Storage charges do not include the cost of any carriage of a vehicle to or from storage. KMCo may increase storage charges from time to time on providing 21 days prior notice. If you fail to make any payment due to KMCo under these Terms of Business by the due date for payment, without limiting any other remedy we may have under these Terms of Business, you shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount. You agree to grant KMCo a particular lien on the vehicle/ goods being stored in accordance with these Terms of Business, as well as a general lien permitting us to retain the vehicle and any other goods stored by you with us as security for payment of all sums claimed by KMCo on any account. In the event that you have failed to make payment within 28 days from the date that the sums fall due, KMCo may, at KMCo’s discretion, remove the vehicle from the secured storage facility and place it at any other location on the premises, whether protected from the elements or otherwise.
KMCo may refuse to deliver or grant access to the vehicle to you unless all storage charges accrued due and other such sums have been paid in full. KMCo may at any time require you to remove any vehicle upon 28 days’ notice in writing. If you fail to remove the vehicle from the custody or control of KMCo by the due time (notice in accordance with these Terms of Business having been given) KMCo reserves the right to dispose of the vehicle in accordance with these Terms of Business. Further to the rights granted in the preceding paragraphs,
if you fail to pay any outstanding sums due to KMCo (including but not limited to any unpaid storage charges and/or interest due on any overdue payment) KMCo may, without prejudice to its other rights and remedies, issue you with a final notice for payment of outstanding sums due, together with notification that in the event of your continued failure to settle any outstanding sums within 28 days of receipt of such final notice, KMCo may sell your vehicle.
In the event that KMCo proceeds with the sale of your vehicle, the proceeds of sale shall be used to cover the unpaid debt (including any costs incurred in the sale of the vehicle and costs of enforcement). After all outstanding sums due to KMCo have been settled, any surplus proceeds of the sale will be held on trust for you. Provided that you have paid all sums due to us, you shall give KMCo at least 7 days’ notice of your intention to remove any vehicle from the premises, which removal may only take place during normal working hours of 9am to 6pm or otherwise by agreement with us.
4 LIABILITY AND INSURANCE
KMCo does not insure individual vehicles and responsibility for maintaining insurance in respect of any vehicle deposited with KMCo shall at all times remain solely with you, the vehicle owner. We strongly recommend that you maintain a storage insurance policy for fire, theft, accidental damage in store and any other risks as you may require to be insured against. KMCo does not accept, and you agree and understand that KMCo does not accept, any liability for destruction, damage or loss to the vehicle or any items contained within the vehicle presented for storage howsoever caused, nor any delay, non-delivery, late or mistaken delivery, unauthorised delivery or non-compliance with instructions (hereafter collectively referred to as “loss”) provided that if and to the extent the loss is directly caused by neglect or wilful default of KMCo shall accept liability for loss up to the maximum of liability specified and agreed by both parties in the paragraph below. KMCo accepts a maximum liability equivalent to the lesser of (a) £100,000 per vehicle and (b) the storage fees paid by you to KMCo in the 12 months preceding the event giving rise to liability. Under no circumstances will KMCo be liable to you for any loss of profit or income or goodwill or indirect or consequential loss of any kind.
You are strongly advised to maintain insurance cover for the vehicle throughout the time that it is in storage with us. We are not and will not be held responsible for any loss, damage or destruction of any vehicle whilst in the control of a third party provided that you have requested or implicitly agreed with the relevant procedure or service being provided by a third party over which KMCo has no control. KMCo shall have no responsibility or liability for any malfunction or failure (including but not limited to mechanical and electrical issues) directly or indirectly resulting from the vehicle being in storage or occurring thereafter. KMCo shall be relieved of its contractual obligations to the extent that their performance is prevented by or the non-performance results wholly or partly, directly or indirectly from any act, neglect or default of the vehicle owner including any breach by you of these Terms of Business or non-payment, or by storm, flood, fire, explosion, breakdown or unavailability of plant and/or machinery, riot, civil disturbance, industrial dispute, labour disturbance or cause beyond our reasonable control. Any and all claims made by you against KMCo shall be notified in writing to KMCo within 21 days of such claim being brought to your attention or of the vehicle being delivered, whichever shall be sooner, and any claims not brought against KMCo within such timeframe shall be deemed waived.
The service is not intended for use by minors and no one under 18 years of age is permitted to enter into a contractual arrangement with us. By using the KMCo services, you confirm that you are over 18 years of age. These Terms of Business do not create or intend to create an agency, partnership, joint venture or any other such relationship between us. KMCo may assign or transfer its rights and obligations under these Terms of Business without your prior consent, provided such assignment or transfer is on the same or equivalent terms to the relevant third party. In the event that any of the provisions of these Terms of Business are held to be invalid, void or unenforceable, the remaining provisions will remain in full force and effect. When the vehicle is presented for storage, no explosive or dangerous articles may be deposited in the vehicle and the vehicle shall be in such condition so as not to cause damage or injury or the likelihood of damage or injury to the KMCo storage facility, to any other vehicles or to any KMCo employees, contractors or workers and you agree to indemnify KMCo against any loss or damage we may suffer as a result of breach of this term and you agree to pay all costs and expenses incurred in, and our reasonable charges for, dealing with the breach and its consequences. Whilst every effort will be made to give your vehicle the prescribed maintenance on the due day we reserve the right to be flexible in regard to the operation of the maintenance schedule. These Terms of Business are governed by the laws of England. If you have a dispute please do contact us before taking any action and we will try to resolve issues with you; however, if we and you cannot do so then you agree the courts of England will have jurisdiction to settle any dispute or claim arising under these Terms of Business.