Introduction
These Terms of Service (“Terms”) explain the rights, obligations and responsibilities of both parties (“Parties”) to this agreement (“Agreement”). Where we use the word ‘We’, ‘Us’ or ‘Our’ it means the “Service Provider” and its employees, agents or contractors and where we use the word ‘You’ or ‘Your’ it means the “Customer”.
Please make particular note that in Clause 9 We limit or exclude Our liability for loss or damage.
1 Definitions
In this Agreement the following words have the following meanings:
1.1 “Agreement” – the agreement entered into by both “Parties” for the provision of the “Service” on these Terms;
1.2 “Carton” – the empty cardboard boxes supplied by AOCC Ltd for the storage of Your Goods;
1.3 “Box” – the full cardboard boxes comprising Cartons supplied by AOCC Ltd and packed with Your Goods;
1.4 “Customer” – the person or company who wishes to use the Service and enters into the Agreement and agrees fully to its Terms (including where relevant Your personal representatives, successors and permitted assigns);
1.5 “Goods” – the contents of the Box packed by You for storing by AOCC Ltd
1.6 “Parties” – the “Service Provider” and the “Customer”;
1.7 “Prohibited Goods” – those excluded Goods listed in Clause 6;
1.8 “Service” – the services outlined in Clause 2;
2 Scope of Service
The Service comprises of the following:
2.1 the delivery of flat cardboard Cartons for Your assembly to Your premises (i.e. Your specified delivery address);
2.2 the collection of Boxes packed with Goods from Your premises and delivery to Our centrally-located storage facility;
2.3 the safe and secure storage of the Boxes;
2.4 the retrieval of the Boxes to Your premises (i.e. Your specified return delivery address).
The Service is currently only available in specified areas from Monday to Friday.
3 Terms and Conditions of Service
You agree to accept the Terms of the Agreement and the use of such Service will be taken as full acceptance of the Agreement.
3.1 We may vary the Terms of the Agreement when We consider it necessary to do so. However, We shall provide You with no less than 7 days’ notice (save where such variation results from a change in a law or regulation) by email and/or displayed on the Website. You are responsible for regularly reviewing these Terms and notices. Continued access to or use of the Service provided by Us after any such change shall constitute consent to such change. Unless explicitly stated otherwise, any new services or features that change or improve the Service shall be subject to the Agreement, as modified from time to time. If You do not accept the changes, You are entitled to terminate the Agreement as set out in Clause 15.
3.2 We may refuse to provide the Service where We consider that it may be used for any unlawful or improper purpose or any other reason or that it may be in breach or likely to be in breach of the Terms of the Agreement.
3.3 You warrant that you are at least 18 years of age and that the Goods are Your own property or free of any legal charge or that You have the full authority of the owner to store the Goods.
3.4 All times quoted by Us for delivery, collection or return delivery are estimates only and We shall not be liable for any delays whatsoever.
3.5 We have the right to cancel or delay a delivery or collection if this is caused by weather conditions, or any other reason such as limited access, that may result in putting Us in danger of injury.
3.6 We may specifically refuse to collect any Box if We consider that the Box has not been securely packed in accordance with the requirements of Clause 5.2, exceed the gross Box weight limit in accordance with Clause 5.3 or We have reason to believe that a Box contains Prohibited Goods as set out in Clause 6.
3.7 We may open a Box and inspect the Goods without notification, or may refuse to store any Goods or return to You at Your cost, if We have reason to believe that a Box contains Prohibited Goods as set out in Clause 6 or are deemed to be likely to cause injury or damage or We are required to do so by the emergency services, local authority or by court order.
3.8 You must not offer the Service to any third party by way of sub-license or any other means without Our express written consent, nor use the Service in an unlawful or fraudulent manner.
3.9 Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from the failure to discharge any of Your responsibilities set out within the Agreement.
4 Work not included in the Service
Unless agreed by Us in writing, We will not:
4.1 assist in the packing of Goods;
4.2 collect Boxes from an area above the first floor unless a suitable passenger/goods lifts is available.
5 Your responsibilities
It will be Your responsibility to:
5.1 ensure that Your contact details, including email address and mobile telephone number, are up-to-date and accurate;
5.2 ensure that the Boxes have been securely and properly packed in compliance with any statutory regulations or recognised standards and in such condition as not to cause damage or injury or the likelihood of damage or injury to Our property or to any other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise;
5.3 not exceed a maximum of 20kg per Box;
5.4 be present or represented throughout the agreed collection or delivery;
5.5 provide sufficient access to enable Us to carry out the required Service;
5.6 ensure that You or Your authorised representative sign for the Boxes when requested as confirmation of collection or delivery;
5.7 take all reasonable steps to ensure that nothing is collected in error;
5.8 inform Us in writing within 48 hours of any damage to Your Goods or property that has occurred during storage, delivery, collection or return delivery;
5.9 You will be liable for any breach of H M Revenue & Customs regulations relating to Goods stored and that You undertake to indemnify Us and keep Us indemnified against all actions, proceedings, costs, claims and demands arising out of any further breach, non-observance or non-performance of the same;
5.10 declare the value of the Goods;
5.11 insure to the full replacement value of the Goods.
6 Prohibited Goods
Unless previously agreed in writing by an executive director of the Service Provider, the following items MUST NOT be submitted for collection or storage and will not be moved or stored by Us:
• Jewellery, watches, precious stones, stamps of all kinds
• Furs, mobile phones, alcohol, tobacco products of any kind
• Antiques or fragile Goods
• Food or perishable Goods
• Birds, fish, animals, plants, genetic material or any other living or dead creature
• Money in the form of cash or equivalent
• Combustible or flammable materials or liquids, for example gas, paint, petrol, oil or cleaning solvents
• Gas cylinders. Deeply refrigerated flammable, non-flammable, and poisonous gases such as butane, oxygen, propane, and aqualung cylinders. Includes butane gas (eg for use with heated hair appliances) camping gas, and chef's blow torches.
• Firearms and explosives. Handguns, automatic weapons, munitions, ammunitions including blank cartridges, pistol caps, fireworks, flares, smoke canisters, and crackers.
• Chemicals, radioactive materials, biological agents
• Toxic waste, asbestos or other materials of a potentially dangerous nature
• Anything which emits fumes sells or odour
• Anything unlawful or goods illegally obtained
• Compressed gasses
• Corrosives such as mercury, acids, alkalis, and wet-cell batteries
• Poisons such as insecticides, weed killers, arsenic, and cyanide.
We may vary the list of Prohibited Goods when We consider it necessary to do so. However, We shall provide You with no less than 7 days’ notice (save where such variation results from a change in a law or regulation) by email and/or displayed on the Website. You are responsible for regularly reviewing these Terms and notices.
7 Our charges
7.1 Our standard charges include VAT at the current rate. Should the VAT rate change, the charges will reflect the change in VAT from the date the change takes effect.
7.2 We review Our charges periodically. We reserve the right to increase Our charges at any time on giving 30 days’ notice in writing via email and on the Website and providing You with the opportunity to terminate the Agreement in accordance with Clause 15.
7.3 The charges are payable 4 weeks in advance.
The first 4 weeks charges including Carton purchases will be payable via PayPal, as soon as Your Cartons are ordered. Subsequent charges will be payable via PayPal every 4 weeks thereafter.
7.4 An administration fee of £10 may be charged to cover the cost of failed transactions resulting from the issuer of Your payment card or your bank refusing, for any reason, to authorise payment via PayPal.
7.5 In respect of all sums that are overdue to Us, We will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England. This does not prejudice Our right to withhold or sell Your Goods under Clause 12 or to any other remedy available to Us.
7.6 We reserve the right to apply additional charges resulting from:
• a failed collection or delivery of a Box exceeding the weight limit (refer to Clause 5.3);
• a failed collection or delivery or removal from storage of a Box containing Prohibited Goods listed in Clause 6;
• a failed collection or delivery of a Box that has not been securely and properly packed (refer to Clause 5.2);
• a failed collection or delivery due to You or someone authorised by You not being available at the premised at the specified time (refer to Clause 5.4);
• a failed collection or delivery due to insufficient access (refer to Clause 5.5);
• any other reason due to Your failure to fulfil Your responsibilities under the Agreement.
8 Your security & privacy
8.1. As part of the registration process and fulfilment of the Service, you will be required to supply personal details which We will process in accordance with Our Privacy Policy.
8.2 We will at all times treat all personal data which You provide to Us in accordance with the Data Protection Act 1998.
9 Our liability for loss or damage
9.1. Our total liability, per Box, as a result of any negligence on our part during any part of the Service (including the loss and/or damage of Goods during collection, transit, storage or return delivery), in breach or otherwise of the Agreement, shall not exceed the lower of £100.00 or the cost price of the Goods;
9.2. On receipt of the Boxes, You must promptly examine the Goods and notify Us in writing of any loss or damage to the Goods within 48 hours of the return delivery of the Boxes and a claim submitted within 30 days;
9.4. We do not warrant that Our storage facility is suitable for the storage of any specific type of Goods.
9.5. Nothing in these Terms shall exclude or limit Our liability for fraud, for death or personal injury caused by Our negligence, or for any other liability that cannot be excluded or limited under applicable law.
9.6. To the maximum extent permitted by applicable law We exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
9.7. We shall not be liable for any loss of profit, contracts, business, goodwill, data, income, or anticipated savings arising under the Terms of Contract.
9.8. Whilst We endeavour to ensure that the information on the Website is correct, We do not warrant its completeness or accuracy; nor do We commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
10 Your liability to Us
You shall fully reimburse Us for any costs incurred by Us as a result of Your Use of the Service or any breach of the Agreement.
11 Force majeure
We shall not be in breach of the Agreement, nor liable for any failure or delay in performance of any obligations under the Agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control, including but not limited to any of the following:
• Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
• War, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
• Terrorist attack, civil war, civil commotion or riots;
• Nuclear, chemical or biological contamination or sonic boom;
• Compliance with any law;
• Fire, explosion or accidental damage;
• Extreme adverse weather conditions;
• Collapse of building structures, failure of plant machinery, machinery, computers, vehicles or the Internet;
• Any labour dispute, including but not limited to strikes, industrial action or lockouts not by employees of the Party claiming relief of the Party claiming;
• Interruption or failure of utility service, including but not limited to electric power, gas or water.
12 Our right to hold (lien) and dispose of your Goods
12.1. “Lien” is the legal right of the Service Provider to hold goods until the Customer has paid all outstanding charges.
12.2. We shall have the right to withhold and ultimately dispose of some or all of the Goods if You fail to pay the charges and any other payments due under this or any other Agreement (see also Clause 7). While We hold the Goods You will be liable to pay all charges and other costs (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These Terms shall continue to apply.
12.3. We will give You 30 days’ written notice requiring You to settle all outstanding sums due and re-arrange as necessary the return delivery of Boxes. If You have failed to do so, upon the expiration of this 30-day notice period, We shall be permitted to dispose of some or all of the Goods by whatever means available to Us.
12.4. We will credit any excess as a result of the disposal of Goods to Your account without interest less an administration fee of [£25] and any other costs reasonably incurred in connection with the disposal. If We are unable to credit Your account and have made reasonable efforts to return the excess monies, upon giving 60 days’ written notice to You, We shall be permitted to keep the monies for Our own account.
12.5. If there are no excess monies as a result of the disposal of Goods, We shall serve You a written notice to pay all outstanding monies due within 7 days and interest will continue to accrue as set out in Clause 7.7 until the balance is paid in full.
13 Your right to cancel (“cooling off period”)
13.1. You have the right to a cooling off period of 14 days during which you have the right to cancel the Agreement in accordance with this clause. If You wish to cancel the Agreement and You have NOT received delivery of a Carton or Cartons, You must notify Us in writing via letter or by e-mail.
13.2. If You wish to cancel and HAVE received delivery of a Carton or Cartons. To receive a refund You should return the Carton or Cartons to Us in unused and perfect condition within 14 days of delivery. The cost of return of the Carton or Cartons is at Your expense.
13.3 If You wish to cancel after the 14 days and/or the Box or Boxes have been collected the service will have commenced and You will no longer have the right to cancel the agreement except in accordance with Clause 15.
14 Right of assignment and sub-contract
14.1. We reserve the right to assign or sub-contract some or all of the work in the performance of Our duties and obligations to carry out the Service without removing any liabilities under the Agreement.
14.2. You shall not have the right to assign, sub-contract or sub-license in any way under the Agreement without Our prior written consent.
15 Termination
15.1. If payments are up-to-date, You may terminate the Agreement at any time by requesting the return delivery of all Your Boxes and paying the retrieval fees. (Where they apply).
15.2. We may terminate the Agreement for any reason by giving You no less than 30 days’ written notice.
15.3. We may terminate the Agreement with immediate effect by giving You written notice if Your payments are overdue or You are in breach of any of the Terms of the Agreement.
15.4. Following termination of the Agreement, if You fail to arrange the return delivery of Your Boxes within 30 days of termination, We reserve the right to consider your Goods to be abandoned and to dispose of the same in accordance with the conditions laid out in Clause 12.
15.5 Following termination for whatever reason payment for any unexpired term of the month of termination is non-refundable.
16 Notices
Any notice or other communication required to be given to a Party under or in connection with the Agreement shall be in writing and shall be sent to the other Party by first-class post or email to:
• (in the case of the Service Provider) the mailing address or email address on Our Website;
• (in the case of the Customer) the delivery address or email address last registered (or updated) by You or as otherwise notified by You.
17 General provisions
17.1. Third parties: A person or company who is not a Party to the Agreement shall not have any rights under or in connection with it.
17.2. Variation: Except as set out in the Agreement, any variation, including the introduction of any additional terms and conditions, to the Agreement, shall only be binding when agreed in writing and signed by a director of the Service Provider.
17.3 Severance
17.3.1 If a court or any other competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted and the validity and enforceability of the other provisions of the Agreement shall not be affected.
17.3.2 If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17.4 Waiver: A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a Party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
17.5 Feedback: We value customer feedback. This greatly assists Us to continually improve the Service. Therefore, where You provide feedback, You warrant that You own or otherwise control the rights necessary to do so and You grant Us and Our affiliates permission without compensation to use, modify, distribute, transmit, publicly display, sub-license, reproduce or sell such feedback.
17.6 Ownership of rights: All rights, including copyright, in the Website and the Service are owned by or licensed to the Service Provider.
17.7 Basis of the Agreement
17.7.1 The Agreement constitutes an offer by the Customer to purchase the whole or part of the Service in accordance with the Terms.
17.7.2 The Agreement constitutes the entire agreement between the Parties.
17.7.3 You acknowledge that You have not relied on any statement, promise or representation made or given by Us or on Our behalf, whether negligently or not, which is not set out in the Agreement.
18 Governing law and jurisdiction
18.1 Any dispute between the Parties will be governed by the non-exclusive law and jurisdiction of the English Courts.
