The following Conditions apply to all Agreements with Windrush Car Storage Ltd whose registered office is at Windsor House, Bayshill Rd, Cheltenham, GL50 3AT. The address for correspondence is PO Box 64, Bourton on the Water, Cheltenham, GL54 2WP.
In these Conditions :-
1.1 “WCS” means Windrush Car Storage Ltd.
1.2 “Vehicle” means any car, motorcycle or other means of conveyance belonging to a Customer and left on the premises of WCS.
1.3 “Customer” means any person or other entity entering into an Agreement with WCS, and “his/him” means “her/hers” as well as referring to any other entity where the context requires.
1.4 “Agreement” means any agreement entered into between the Customer and WCS.
1.5 “Services” means ny services provided by WCS, not limited merely to storage of Vehicles.
- WCS’s main business is the provision of high quality storage facilities for Vehicles. As part of that process, WCS will generally inspect Vehicles before accepting them for storage, complete a Condition Report and may provide services in order to bring the condition of the Vehicle up to a state necessary for its safe storage. An initial inspection is obligatory and will be paid for at the rate published in the Price List as set out in the website of WCS.
- The prices of services may be varied on giving 30 days’ notice in writing to the Customer, and are payable monthly in advance with the first payment becoming due at the time of acceptance of the Customer’s Vehicle for storage, with subsequent payments monthly thereafter. The first payment will also include payment for the obligatory inspection. Payment for other services requested by the Customer will be paid 14 days after an invoice is rendered. All work is subject to addition of VAT.
- WCS may use subcontractors for some of its services.
- The agreement, if not made with the customer present on the premises of WCS may be subject to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 and if so the customer has the right to cancel the Agreement within 14 days of the date thereof, unless the services have commenced within that period, and is entitled to the refund of any money paid.
The Customer shall be responsible for insuring his own Vehicle up to its full value. WCS does maintain a policy of insurance on all Vehicles but any claim against it is subject to the exemption clauses set out below. It is the responsibility of the Customer to make sure his own policy covers him for the risks incurred in putting his Vehicle into storage.
Limitation of liability
- WCS will not be liable for any loss, whether indirect or direct, whether caused by its own negligence, or that of its employees or agents, and whether the act was intentional, negligent, or reckless, save as set out below.
- WCS will be liable only to the level per Vehicle for which its own insurers are liable, currently £100,000. This limit is liable to change from time to time and WCS is under no obligation to notify any Customer of such change.
- WCS shall not be under any obligation to the Customer for any loss or damage suffered as a result of force majeure or as a result of matters outside the reasonable control of WCS. In the event of any damage or loss being alleged by the Customer, the onus of proof shall be on the Customer to show that such damage or loss has been caused by WCS, and in the case of damage to the Vehicle shall notify WCS within 7 days of its collection from WCS, time being of the essence of the Agreement, otherwise no liability will attach to WCS for such damage.
- WCS shall have no responsibility for damage or loss caused by any defects, mechanical, electrical or otherwise, relating to the Customer’s Vehicle, and shall be under no duty to the Customer either to act on or report on any defects that might be present, whether noticeable or not. The Customer shall hold WCS indemnified against any loss or liability whatsoever or howsoever caused arising out of damage caused by such defects in a Customer’s Vehicle.
Collection or delivery
- The Customer may collect his car on the giving of 24 hours’ notice of his intention to do so, provided no sums are owed by the Customer to WCS. A charge will be made for collection outside the normal working hours of the facility, as published on the website of WCS, from time to time, at the hourly rate specified therein, in units of half an hour.
- Requests for delivery of a Vehicle away from the facility must be dealt with by special arrangement and a charge will be made depending on the distance and time involved.
- No liability will attach to WCS for any losses to the Customer as a result of late or non-delivery, where WCS shows that it used its reasonable endeavours to comply with the Customer’s request.
Non-payment for services
- Any account overdue by more than 30 days will incur an interest charge of 6% per annum calculated from the date the payment was due until payment or Order of the Court.
- In the event of non-payment, WCS may exercise a lien over any Vehicle or property in its possession or control, or the control of its sub-contractors, legally or beneficially owned by the Customer or any person that the Customer represents, and whether related to the amount outstanding or not. Such property shall be released only on payment of the amount due, together with the interest and any legal and administrative costs which may have been incurred in recovering the amount due.
- In the event that payments remain outstanding for 3 months or more, WCS may take proceedings pursuant to the Torts (Interference with Goods) Act 1977 and, after the provisions of the Act have been satisfied, may sell the Vehicle and any other goods as set out above, and account to the Customer for any balance that may be due to him. If any balance is due to WCS, this procedure shall not prejudice any right of recovery.
- WCS or the Customer may terminate the Agreement on notice of 30 days in writing, and WCS shall release the Vehicle to any person nominated by the Customer on proof of his identity, provided all sums due to WCS have been paid in cleared funds. Where Notice has been given under this clause, the Vehicle may be removed by the Customer at any point during the Notice Period (provided 24 hours notice shall have been given), provided that any sum due to WCS, including payment for the Period of Notice has been received in cleared funds. Where WCS has terminated this Agreement the same applies, but if the Vehicle has not been removed by the end of the 30 day period, it must be removed within 48 hours, or WCS shall be entitled to invoke the procedure set out above in 6.3 forthwith.
Although it is hoped that any disagreement between WCS and the Customer shall be resolved amicably, if it cannot, the Agreement shall be interpreted in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in determining any questions arising from it.