TERMS & CONDITIONS
1. Basis of Contract
1.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions. ACS shall invoice the Customer for the first 12 Weeks of the Services in advance by way of reserving a space for the Vehicle (Reservation Fee). ACS cannot guarantee a space for a Vehicle until the Reservation Fee has been paid and ACS confirms written acceptance as specified in clause 1.2.
1.2 The Order shall only be deemed to be accepted when the Customer makes payment of, and ACS receives the Reservation Fee and ACS issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date) and a space will be reserved for the Vehicle. If a Reservation Fee is received and ACS cannot confirm written acceptance of the Order as there is no space available for the Vehicle, ACS shall refund the Reservation Fee to the Customer.
1.3 ACS shall provide a space of 4.8m (length) by 2.4m (width) for each Vehicle. The Customer will need to purchase additional space(s) if the Vehicle cannot be stored safely within these dimensions.
2. Supply of Services
2.1 ACS shall supply the Services to the Customer in accordance with the description provided in writing by ACS to the Customer in all material respects. ACS reserves the right to amend these Conditions from time to time by giving 30 day’s prior written notice thereof to the Customer.
2.2 ACS may undertake a visual inspection of the Vehicle(s) before acceptance, including taking photographs. Any issues identified shall be noted at that time in a Vehicle Check-in Report which shall be deemed conclusive on any matters set out therein. The Customer will confirm to ACS in writing any special care required due to the particular nature of the Vehicle including giving precise details specifying all necessary precautions. For the avoidance of doubt, ACS shall bear no responsibility or liability to the Customer for any matters identified, or not identified in any Vehicle Check-in Report.
3. Customer’s obligations
3.1 The Customer shall be responsible for the delivery and collection of the Vehicle to ACS’s premises in accordance with the terms of this Contract. Delivery and collection of the Vehicle shall only be permitted during ACS’s notified business hours.
3.2 The Customer must co-operate with ACS in all matters relating to the Services and provide ACS with such information and documents as ACS may reasonably require and ensure that such information is complete and accurate in all material respects. Where the Services require specific equipment (including but not limited to any trickle-feed equipment) such equipment must be supplied by the Customer.
3.3 The Customer warrants that it is the registered, legal and beneficial owner of the Vehicle and that the Vehicle will not cause any loss or damage or injury or be likely to cause loss or damage or injury to ACS’ property or any other vehicles stored on ACS’s premises.
3.4 The Customer hereby indemnifies ACS in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all professional costs and expenses) suffered or incurred arising out of or in connection with the Customer’s breach of clause 3.3.
4. Car Collection
4.1 The Customer may collect their Vehicle on giving ACS 24 hours’ notice and, in any event, the Customer must collect their Vehicle by no later than the last date of the Prepaid Storage Period.
4.2 ACS shall release the Vehicle to the Customer or any person nominated by the Customer, on proof of their identity (but ACS accepts no liability for release of the Vehicle to someone purporting to be the Customer or any nominated persons) provided all sums due to ACS have been paid to ACS in cleared funds.
4.3 If the Customer fails to collect their Vehicle either (a) on or before expiry of any Prepaid Storage Period or (b) where otherwise required to do so pursuant to this Contract, ACS shall:
4.3.1 apply an additional Charge of £15 per day for each day beyond such required collection date where the Vehicle remains under the care of ACS, such amount to be due and payable on demand by ACS; and
4.3.2 ACS reserves the right to relocate the Vehicle to another location on ACS’s premises, including a location outside.
5. Charges
5.1 The Charges for the Services are set out on the Website. ACS may increase the Charges on an annual basis with effect from each January following the Commencement Date by giving the Customer 30 days’ notice prior to each such anniversary.
5.2 The Customer must pay for the Services in blocks of 12 weeks in advance (each a Prepaid Storage Period). Payment for the initial Prepaid Storage Period must be made before the Commencement Date. This initial payment period is a minimum storage period and is non-refundable. Payment for each subsequent Prepaid Storage Period must be made by no later than the date falling 2 weeks prior to the start of such Prepaid Storage Period otherwise the Customer shall be deemed to have elected not to require Services beyond expiry of the then-current Prepaid Storage Period. Notwithstanding the foregoing ACS reserves the right, at its sole discretion, to decline to accept any further provision of Services to a Customer following the end of any current Prepaid Storage Period.
5.3 Where either the Customer elects to terminate this Contract pursuant to clause 9.1 prior to delivering the Vehicle to ACS or, upon the Customer collecting their Vehicle pursuant to clause 4, in each case at any time prior to the expiry of the then-current Prepaid Storage Period, then ACS shall refund to the Customer a pro rata amount of the Charges relating to such unused portion of such Prepaid Storage Period.
6. Payment Terms
6.1 The Customer shall pay each invoice submitted by ACS by the due date; and in full, without any set-off, and in cleared funds to a bank account nominated in writing by the ACS.
6.2 Time for payment shall be of the essence of this Contract.
6.3 All amounts payable by the Customer under this Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT).
6.4 If the Customer fails to make a payment due to ACS under this Contract by the due date, then, without limiting ACS’s remedies under this clause 6 or clause 9:
6.4.1 the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.4.1 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and
6.4.2 ACS may exercise a lien over the Customer’s Vehicle in its possession until such times that the Customer repays in full all overdue sums owed to ACS together with any interest incurred under clause 6.4.1 and any legal costs incurred by ACS to recover the overdue sums.
6.5 If the Customer either:
6.5.1 fails to make payment due to ACS under this Contract after 12 weeks of the due date; or
6.5.2 fails to collect its Vehicle within 12 weeks of the end of any Prepaid Storage Period, then, without limiting ACS’s remedies under this clause 6 or clause 9, ACS may take proceedings pursuant to the Torts (Interference with Goods) Act 1977 (Act) and, after the provisions of the Act have been satisfied (i.e. by ACS giving reasonable notice to the Customer that the Vehicle must be collected and all outstanding sum must be paid or ACS has obtained court approval), ACS may sell the Vehicle, and account to the Customer for any balance that may be due to them. If any balance is due to ACS, this procedure shall not prejudice any further right to recover overdue sums.
7. Insurance
7.1 The Customer acknowledges that it is responsible for insuring its own Vehicle up to its full market value at all times during the term of this Contract. The Customer is responsible for ensuring the insurance policy covers the Vehicle for all risks, losses and damage in storing the Vehicle with ACS (including but not limited to third party, fire, theft and accidental damage).
7.2 In the event of any damage or loss to the Vehicle being alleged by the Customer, the onus of proof shall be on the Customer to show that such damage or loss to the Vehicle has been caused by ACS. The Customer shall undertake an inspection of the Vehicle on collection and shall notify ACS of any damage or loss to the Vehicle before the Vehicle is removed from ACS’ premises, otherwise ACS shall have no liability in relation to such loss or damage. Any loss or damage must be recorded on a report signed at that time by both parties (a Vehicle Check-out Report). No claim may be made by the Customer in respect of any matter identified in the Vehicle Check-in Report. The Customer acknowledges that by signing the Vehicle Check-out Report on collection of the Vehicle the Customer is confirming that there is no damage or loss to the Vehicle (other than as indicated in that report) and ACS shall have no liability in relation to any such loss or damage (other than as indicated in that report). ACS shall be under no duty to the Customer to either report to or act on any defects or faults with the Vehicle which are present during the period the Vehicle is being stored. For the avoidance of doubt, ACS shall bear no responsibility or liability to the Customer for any matters identified, or not identified in any Vehicle Check-out Report.
7.3 On ACS’ written request, the Customer shall provide ACS with copies of the insurance policy certificates and details of the cover provided under clause 7.1.
8. Limitation of liability
8.1 ACS has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £10,000 per Vehicle. The limits and exclusion in this clause reflect the insurance cover ACS has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
8.2 Nothing in this Contract shall limit the liability of either party for (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation or wilful default; or (c) any matter in respect of which it would be unlawful to exclude or restrict liability.
8.3 Subject to clause 8.1, ACS’ total liability to the Customer for all losses arising under or in connection with the Services whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000 per Vehicle.
8.4 Unless the Customer notifies ACS that it intends to make a claim in respect of an event within the notice period, ACS shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 weeks from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
8.5 This clause 8 shall survive termination of this Contract.
9. Termination
9.1 If this Contract has not been made at ACS’ premises, the Customer has the right to cancel this Contract within 14 days of the Commencement Date (Cooling off period). Otherwise this Contract shall terminate upon collection of the Vehicle by the Customer.
9.2 Without affecting any other right or remedy available to it, ACS may require immediate collection of the Vehicle by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment. In such circumstances, no refund of any unused Prepaid Storage Period upon collection of the Vehicle shall be made.
9.3 Termination or expiry of this Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this Contract which existed at or before the date of termination or expiry.
10. General
10.1 Force majeure. ACS shall not be in breach of this Contract, nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10.2 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
10.3 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
1. Interpretation
The following definitions and rules of interpretation apply in these Conditions.
11.1 Definitions:
ACS means Ashford Car Storage Limited incorporated and registered in England and Wales with company number 12229225 whose registered office is at Harben House Harben Parade, Finchley Road, London, NW3 6LH.
Commencement Date has the meaning set out in clause 1.2.
Conditions means these terms and conditions as amended from time to time in accordance with clause 2.1.
Contract means the contract between ACS and the Customer, as comprising the Order and these Conditions.
Customer means the person or firm who purchases Services from the ACS.
Order means the Customer’s order for Services submitted via the Website.
Prepaid Storage Period has the meaning set out in clause 5.2.
Reservation Fee has the meaning set out in clause 1.1.
Services means the storage of the Vehicle by ACS.
Vehicle Check-in Report means a visual report undertaken by ACS upon receipt of the Vehicle detailing the condition of the Vehicle at that time.
Vehicle Check-out Report has the meaning set out in clause 7.2.
Website means www.ashfordcarstorage.co.uk.