Common use of DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS Clause in Contracts

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS. We take the issue of prompt payment seriously and We shall have a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other Fees related to this Agreement are not paid when due (Debt), You authorise Us without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and to overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Clauses 8 to 10. You acknowledge that (a) We shall be entitled to continue to charge Storage Fees from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full.

Appears in 2 contracts

Samples: Self Storage Licence Agreement, Self Storage Licence Agreement

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DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS. 4.1. We take the issue of prompt payment seriously and We shall have a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Your Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other Fees fees related to this Agreement it are not paid when due (Debt), You authorise Us without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and to overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit Unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Clauses 8 Conditions 4.3 to 104.5. You acknowledge that (a) We shall be entitled to continue to charge Storage Fees for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were are the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full. 4.2. On expiry or termination of this Agreement, if You fail to remove all Goods from the Unit, We are authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 4.3 to 4.5. You are liable for Storage Costs for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (“Debt”).

Appears in 2 contracts

Samples: Storage Agreement, Self Storage Agreement

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS. We take the issue of prompt payment seriously and We shall have a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other Fees related to this Agreement are not paid when due (Debt), You authorise Us without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and to overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Clauses 8 to 10. You acknowledge that (a) We shall be entitled to continue to charge Storage Fees from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full. dispose of all Goods by any means in accordance with Clauses 8 to 10. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal incurred, which shall be added to the, or treated as a, Debt.

Appears in 1 contract

Samples: Self Storage Licence Agreement

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS. We take 6.1 FO takes the issue of prompt payment seriously and We shall have has a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreementagreement. If any sum owing to Us FO and other Fees fees related to this Agreement it are not paid when due (Debt), You authorise Us FO without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit Unit(s) and the Facility and to overlock the Unit Unit(s) until the Debt has been paid in full; (b) enter the Unit Unit(s) and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Clauses 8 Conditions 6.3 to 106.5. You acknowledge that (a) We FO shall be entitled to continue to charge Storage Fees for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We FO will sell the Goods as if We were FO was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees fees on the Due DateDate and upon FO notifying You in writing of the Debt, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in fullfull.‌ 6.2 On expiry or termination of this agreement, if You fail to remove all Goods from the Unit(s) within 98 days, FO is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 6.3 to 6.5. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (“Debt”).‌ 6.3 Before FO sells or disposes of the Goods, it will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are treated as abandoned). This‌ notice will be sent by registered or recorded delivery to the postal address last notified by You to FO in writing and by email and/or social media. If no address within the UK has been provided, FO will use any land or email address or social media details it holds for You and any ACP. If You fail to pay the Debt and/or collect the Goods (as appropriate) FO will access the Unit(s) and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. FO will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. FO may also require payment of default action costs, including any costs associated with accessing the Unit(s) and disposal or sale of the Goods, which shall be added to the Debt. 6.4 Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, You must pay FO the balance within 7 days of a written demand from FO. FO may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from You, FO will hold the balance for You but no interest will be payable on it. 6.5 If, in the opinion of FO and entirely at FO’s discretion, the Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, You authorise FO to treat the Goods as abandoned and FO may dispose of all Goods by any means at Your cost. FO may dispose of the Goods at FO’s discretion in the event that (a) Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the FO, severely damaged, of no commercial value, or dangerous to persons or property, or (b) Goods may contain personal data belonging to You or others. FO does not need Your prior approval to take this action but will send notice to You within 7 days of assessing damaged Goods.‌ 6.6 Any items left unattended in common areas or outside Your Unit(s) at any time shall be treated as abandoned and may at FO’s discretion be moved, sold or disposed of immediately with no liability to FO.‌

Appears in 1 contract

Samples: Storage Agreement

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DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS. 4.1. We take the issue of prompt payment seriously and We shall have a general and particular right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Your Goods as security for Your obligation to make payments under this Agreement. If any sum owing to Us and other Fees fees related to this Agreement it are not paid when due (Debt), You authorise Us without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and to overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit Unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Clauses 8 Conditions 4.3 to 104.5. You acknowledge that (a) We shall be entitled to continue to charge Storage Fees for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) We will sell the Goods as if We were are the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay Fees fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full. 4.2. On expiry or termination of this Agreement, if You fail to remove all Goods

Appears in 1 contract

Samples: Self Storage Licence Agreement

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