RIGHT TO SELL OR DISPOSE OF GOODS. Operator takes the issue of prompt payment very seriously and has a right of lien. Without prejudice to Condition 35, if any sum owing to Operator is not paid when due, Customer authorises Operator without further notice to: (a) refuse Customer and its agents access to the Goods, the Unit and the Site and overlock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Customer for all reasonable costs of doing so on any number of occasions; and (c), Hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Condition 7. Customer acknowledges that (a) Operator shall be entitled to continue to charge for storage. From the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) Operator will sell the Goods as if Operator was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Customer does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Customer has received will be payable by Customer in full. of all Goods by any means in accordance with Conditions 7 to 10. Customer is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt). Termination or expiry of this Agreement shall not affect any rights, remedies, obligations and 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 the Contract which existed at or before the date of termination or expiry.
Appears in 2 contracts
Samples: License Agreement, License Agreement
RIGHT TO SELL OR DISPOSE OF GOODS. Operator FO takes the issue of prompt payment very seriously and has a right of lien. Without prejudice to Regardless of Condition 35, if any sum owing to Operator FO is not paid when due, Customer Xxxxxx authorises Operator FO without further notice to: (a) refuse Customer Xxxxxx and its agents access to the Goods, the Unit and the Site Facility and overlock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Customer Xxxxxx for all reasonable costs of doing so on any number of occasions; and (c)) apply the Deposit against the Debt and, Hold 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 Condition 7. Customer Xxxxxx acknowledges that (a) Operator FO shall be entitled to continue to charge for storage. From storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of, FO excludes any liability in respect of the Goods and any duty of care however it may arise; (b) Operator FO will sell the Goods as if Operator FO was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Customer Xxxxxx does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Customer Xxxxxx has received will be payable by Customer Xxxxxx in full. 6 On expiry or termination of this Agreement, if Xxxxxx fails to remove all Goods from the Unit, FO is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 7 to 109. Customer Xxxxxx is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt). Termination or expiry of this Agreement shall not affect any rights, remedies, obligations and 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 the Contract which existed at or before the date of termination or expiry.
Appears in 1 contract
Samples: Storage Agreement
RIGHT TO SELL OR DISPOSE OF GOODS. Operator FO takes the issue of prompt payment very seriously and has a right of lien. Without prejudice to Regardless of Condition 35, if any sum owing to Operator FO is not paid when due, Customer Xxxxxx authorises Operator FO without further notice to: (a) refuse Customer Xxxxxx and its agents access to the Goods, the Unit and the Site Facility and overlock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Customer Xxxxxx for all reasonable costs of doing so on any number of occasions; and (c)) apply the Deposit against the Debt and, Hold 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 Condition 7. Customer Xxxxxx acknowledges that (a) Operator FO shall be entitled to continue to charge for storage. From the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) Operator FO will sell the Goods as if Operator FO was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Customer Xxxxxx does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Customer Xxxxxx has received will be payable by Customer Xxxxxx in full. 6 On expiry or termination of this Agreement, if Xxxxxx fails to remove all Goods from the Unit, FO is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 7 to 109. Customer Xxxxxx is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods (Debt). Termination or expiry of this Agreement shall not affect any rights, remedies, obligations and 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 the Contract which existed at or before the date of termination or expiry.
Appears in 1 contract
Samples: Self Storage Licence Agreement
RIGHT TO SELL OR DISPOSE OF GOODS. Operator 5. CSS takes the issue of prompt payment very seriously and has a right of lien. Without prejudice to Regardless of Condition 35, if any sum owing to Operator CSS is not paid when due, Customer Xxxxxx authorises Operator CSS without further notice to: (a) refuse Customer Xxxxxx and its agents access to the Goods, the Unit and the Site Facility and overlock the Unit until the amount due and all interest and other fees related to it (Debt) have been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge Customer Xxxxxx for all reasonable costs of doing so on any number of occasions; and (c)) apply the Deposit against the Debt and, Hold 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 Condition 7. Customer Xxxxxx acknowledges that (a) Operator CSS shall be entitled to continue to charge for storage. From storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) Operator CSS will sell the Goods as if Operator CSS was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if Customer Xxxxxx does not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which Customer Xxxxxx has received will be payable by Customer Xxxxxx in full.
6. On expiry or termination of this Agreement, if Xxxxxx fails to remove all Goods from the Unit, CSS is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 7 to 109. Customer Xxxxxx is liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (Debt).
7. Termination Before CSS sells or expiry of this Agreement shall not affect any rights, remedies, obligations and liabilities disposes of the parties that have accrued up Goods, it will give Xxxxxx notice in writing directing Xxxxxx to pay (if Xxxxxx is in default) or collect the Goods (if they are deemed abandoned). This notice will be sent by registered or recorded delivery to the date address last notified by Xxxxxx to CSS in writing or by email only if you have elected not to receive traditional mail. If no address within the UK has been provided, CSS will use any land or email address it holds for Xxxxxx and any ACP. If Xxxxxx fails to pay the Debt and/or collect the Goods (as appropriate) CSS will access your space and begin the process to sell or dispose of termination the Goods. Xxxxxx consents to and authorises the sale or expirydisposal of all Goods without further notice regardless of their nature or value. CSS will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. CSS may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt.
8. 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, Xxxxxx must pay CSS the balance within 7 days of a written demand from CSS. CSS 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 Xxxxxx, CSS will hold the balance for Xxxxxx but no interest will accrue on it.
9. If, in the opinion of CSS and entirely at the discretion of CSS, a defaulting Xxxxxx’x 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, Xxxxxx authorises CSS to treat the Goods as abandoned and may dispose of all goods by any means at Xxxxxx’x cost. CSS may dispose of Xxxxxx’x Goods in the event that Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the CSS, severely damaged, of no commercial value, or dangerous to persons or property. CSS does not need the prior approval of Xxxxxx to take this action but will send Notice to Xxxxxx within 7 days of assessing the goods
10. Any items left unattended in common areas or outside the Xxxxxx’x Unit at any time may at discretion be moved, sold or disposed of immediately with no liability to FO.
11. Xxxxxx has the right to claim damages in respect access the Unit during access hours as posted by CSS and subject to the terms of this Agreement. CSS will try to provide advance warning of changes to access hours by notice at the Facility but reserves the right to change access hours temporarily to other reasonable times without giving prior notice. 12. Only Xxxxxx or others authorised or accompanied by Xxxxxx (its Agents) may access the Unit. CSS may (but is not obliged to) require proof of identity from Xxxxxx or any breach of the Contract which existed other person at or before the date of termination or expiryany time and, at CSS’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
Appears in 1 contract
Samples: Storage Agreement