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Terms and Conditions of Storage

GENERAL

  1. Len Lothian Ltd (“the Company”) undertakes all services subject solely to the following conditions, which can be varied only in writing by a director of the Company.

The Customer’s attention is drawn to Condition 3.  Condition 3 (ii) has been included herein solely to relieve the owner of the goods which are the subject of the contract (“the Goods”), or the owner’s agent, of the additional costs that the Company would need to include to recover insurance charges where its liability is not limited as provided for in Condition 3 (ii).  Condition 3 (iii) will become operative at the option of the Customer on the terms provided therein.

  1. (i)         The Customer warrants that it is either the owner of the Goods or is authorised by such owner to accept these Conditions on the owner’s behalf.

            (ii)        The Customer further warrants and undertakes that:-

                        (a)        when presented for warehousing, the Goods will be securely and properly packed compliance with any statutory regulations or official or recognised standards and in such condition as not to cause damage or injury or the likelihood of damage to the property of the Company or to any other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise howsoever;

                        (b)        before presentation of the Goods for warehousing, the Customer will inform the Company in writing of any special precautions necessitated by the nature, weight or condition of the Goods, and of any statutory duties specific to the Goods with which the Company may need to comply. Without prejudice to the foregoing, any dangerous or hazardous goods will be disclosed in writing by the Customer and if the Company agrees to accept them for storage they will be classified, packed and labelled in such a way as to comply with any and all relevant laws and statutory regulations and generally in such a way as not to cause or be likely to cause a hazard to life, health or property;

                        (c)        the Customer will reimburse all duties and taxes that the Company may be required to pay in respect of the Goods even where the Company’s liability to pay the same arises in respect of Goods which have been lost or damaged by reason of the neglect or default of the Company, its employees or sub-contractors;

                        (d)       unless prior to acceptance of the Goods by the Company, the Company receives written notice containing all appropriate information, none of the Goods constitutes “Waste” as defined in the Environmental Protection Act 1990;

                        (e)        unless prior to acceptance of the Goods by the Company, the Company receives written notice containing all appropriate information, none of the Goods are, or contain, substances the storage of which would require the obtaining of any consent or licence or which, if they escaped through their packaging, would or may cause pollution of the environment or harm to human health;

                        (f)        the Customer will be liable for any breach of HM Customs & Excise regulations relating to goods warehoused  and undertakes to indemnify and keep indemnified the Company against all actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of the same;

                        (g)        all Goods are stored at its sole risk and expense and it shall insure the Goods against all insurable risks at full replacement value or at its option by taking out insurance cover arranged by the Company.

 

LIABILITY

  1. (i)         The Company does not insure the Goods and the Customer should make arrangements to cover the goods against all insurable risks to the full replacement value thereof.

            (ii)        The company is only responsible for any loss or damage to Goods or for any non-compliance or mis-compliance with instructions if the same has arisen due to the act, neglect or default of the Company, its employees or agent.  Provided always that the liability of the company shall in no case exceed a total of £100 per tonne weight of that part of the Goods in respect of which a claim arises. 

            (iii)       (a)        The Company will at the request of the Customer arrange insurance cover for the Goods.  The Customer shall give written notice to be received by the Company at least seven days before the date on which the cover is required to be operative and shall specify the nature and the maximum value of the Goods to be at risk inclusive of duty and taxes paid or payable thereon.  Under no circumstances will the Company’s liability to the Customer exceed the value given under this notice.

                        (b)        The Customer shall accept an increase in the Company’s charges to cover all costs incurred in the insuring of the Goods.

            (iv)       The Company shall not be liable for any claim unless it has been notified in writing to the Company by the Customer within 21 days of the cause of the claim coming to the Customer’s knowledge or of the Goods being removed by the Customer, whichever is the later.

            (v)        The Company shall not be liable hereunder for any loss or damage to the extent that the same is caused or contributed to by a breach of any of the Customer’s warranties contained in Condition 2 (or by any of the circumstances by virtue of which the Company is relieved of its contractual obligations in accordance with Condition 10).

            (vi)       The benefit of these Conditions shall extend to all the employees from time to time of the Company, who shall each be entitled to every right, defence and exemption or limitation of liability to which the Company is entitled hereunder.

            (vii)      In no case whatsoever shall the Company be liable for any loss of profit or any indirect or consequential loss of any kind.

  1. (i)         In any of the circumstances referred to in paragraph 4(ii) hereof, and otherwise with written consent of the Customer, the Company shall be entitled to arrange for any part of the services to be performed by other contractors, and in this event these terms and conditions shall apply to such services.

            (ii)        The circumstances referred to in paragraph 4(i) hereof are storm, flood, fire, explosion, riot, industrial dispute, labour disturbance or any other emergency reasonably requiring such action by the Company.

  1. (i)         The Customer shall reimburse all duties and taxes that the Company may be required to pay in respect of the Goods.

            (ii)        Notwithstanding any notice given in accordance with Condition 3 (iii) (a), the Customer shall indemnify the Company against any loss or damage suffered by or claims or demands made against the Company including costs and expenses reasonably incurred by it to the extent that such loss or damage or such claims or demands is or are caused or contributed to by a breach of any of the Customer’s warranties contained in Condition 2, and against any claim or demand made or any action or other proceedings brought against the Company arising out of or in connection with any dispute as to the ownership of the Goods, as to the person entitled in law to possession thereof or as to diligence done by creditors of the Customer.

  1. At the discretion of the Company the Goods may be transferred between stores.

 

CHARGES, PAYMENTS AND LIEN

            Interest on amounts due and unpaid shall be payable from the date when payment of such amounts fell due and shall be calculated on a daily basis at the rate of 2 per cent per annum above the base rate of Bank of Scotland current from time to time.  Further, the Company shall have a general as well as a particular lien on the Goods for payment of all amounts due from the Customer on any account and during the whole period of the exercise of such lien the Company may continue to charge its four weekly storage charge or part thereof (being a minimum period of one week).

 

ACCESS

  1. Subject to Condition 7, the Customer and any other person authorised in writing by the Customer shall be entitled during the currency of the Agreement (but not thereafter) to have access to the Goods during the Company’s ordinary business hours on the ordinary days of business of the Company.

 

TERMINATION

  1. In the absence of such agreement, and otherwise where reasonably necessary, the Company may at any time by notice in writing to the Customer require the removal of the Goods within 21 days from the date of such notice or, in the case of perishable goods within 3 days.

            (ii)        In the event of failure by the Customer to pay any amount due to the Company or to remove any of the Goods from the custody or control of the Company (notice in accordance with 9 (i) having been given) at the due time, the Company may, without prejudice to its other rights and remedies against the Customer give notice in writing to the Customer of the Company’s intention to sell or otherwise dispose of the Goods at the Customer’s entire risk and expense if such amount is not paid and/or such Goods are not removed within 21 days, or in the case of perishable goods within 7 days from the date of such notice.  On the expiry of such period, if such payment has not been made and/or the Goods have not been so removed the Company shall be entitled to sell or otherwise dispose of all or any part of the Goods at the Customer’s entire risk and expense by the best method reasonably available, and the proceeds of any sale or disposal shall be remitted to the Customer after deduction therefrom of all expenses and all amounts due to the Company from the Customer on any account.

            (iii)       In the case of perishable goods, notice under Condition 9 (ii) may be combined with a notice, if any, under Condition 9 (i).

 

RESPONSIBILITY

  1. The Company shall be relieved of its contractual obligations to the extent that their performance is prevented by, or their non-performance is the direct or indirect consequence of, the act, neglect, or default of the Customer, including any breach by the Customer of these Conditions, or by storm, flood, fire, explosion, riot, industrial dispute, labour disturbances or other cause beyond the reasonable control of the Company.
  2. The Company reserves the right to refuse to accept, handle, store or carry any goods and acceptance for storage shall not imply any warranty as to fitness for storage.
  3. The Customer shall not be entitled to set off any amount due to it by the Company against any payments which are due or may become due by it to the Company under the Agreement or otherwise.
  4. This Agreement is personal to the Customer and shall not be assigned or otherwise transferred by the Customer without the prior written consent of the Company.
  5. Any notice or statement of account given by the Company to the Customer shall be duly given if left at or sent by registered or recorded delivery to the last known address of the Customer and such notice or account shall if posted be deemed to have been given two week-days after posting.
  6. These Conditions shall prevail over any terms or conditions contained in the Customer’s order, acceptance or other communication and shall be deemed to have been accepted by the Customer in preference to such other terms or conditions, unless the Customer has notified the Company specifically in writing of any proposed variation of these Conditions and such variation has been agreed specifically in writing by a director of the Company.
  7. All contracts between the Company and the Customer shall be governed in all respects by the Law of Scotland and the Customer hereby submits to the exclusive jurisdiction of the Scottish Courts.