Unit Storage Terms & Conditions
1. Definitions
1.1. “Access Hours” refers to the hours of the licensor permit the licensee to access the premise/unit of this License Agreement annexed hereto.
1.2. “Best Lending Rate” refers to the HSBC’s Hong Kong Dollar Best Lending Rate as of the Due Date.
1.3. “Commencement Date” refers to the date of this License Agreement annexed hereto.
1.4. “Deposit” refers to the amount specified in License Agreement annexed hereto.
1.5. “Due Date” refers to the first day of every calendar month, or the previous business Day if the Due Day falls on Saturday, Sunday or public holiday, during the currency of the agreement.
1.6. “Goods” refers to anything brought onto the Premises and stored in the Unit by the Licensee.
1.7. “Hong Kong” refers to the Hong Kong Special Administrative Regional of the People’s Republic of China.
1.8. “License Fee” refers to the sum specified in this License Agreement annexed hereto.
1.9. “Premises” refers to the Licensor’s premises located at the address of this License Agreement annexed hereto.
1.10. “Prohibited Items" refers to those Items specified in Clause 5.8 hereof.
1.11. “Unit” refers to the storage unit specified in this License Agreement annexed hereto or any alternative storage unit the Licensor may specify under Clause 6 hereof.
2. Right to Occupy
2.1. Subject to the terms hereof, in consideration of the Licensee paying the License Fee and observing the terms and conditions hereof, the Licensor hereby grants the Licensee but no other person a license to occupy the Unit for the sole purpose of storing Goods from the Commencement Date until terminated in accordance with the provisions of this Agreement (which includes any variation or modification thereof).
2.2. By entering into this Agreement, the Licensee warrants and declares that it has the sole legal and beneficial title to the Goods and shall indemnify the Licensor against any claim or cost or any action or proceeding arising from any dispute as to ownership or rights to possession if this declaration is untrue.
2.3. For the avoidance of doubt, the Licensee hereby acknowledges and expressly agrees that nothing in this Agreement shall be construed so as to create any legal or equitable proprietary interest in the Premises or the Unit whatsoever.
3. Inspection
The Licensee confirms that it has viewed and inspected the Unit and has satisfied itself in all respects as to its area, size, suitability and condition, safety in particular and waives all claims (if any) based on the misstatement, warranty or representation (oral or written) in relation to the aforementioned or any other matter pertaining to this Agreement.
4. Access to the unit
4.1. Subject to the terms herein, the Licensor reserves the right from time to time to make and vary regulations (“the Regulations”) concerning Access Hours, general management and security to the Unit and/or Premises, and the Licensee agrees to observe and abide by such Regulations.
4.2. The Licensee shall have access to the Unit at any time during the Access Hours. The Licensor reserves the right to change the Access Hours at any time without giving any prior notice.
4.3. No other person shall be permitted to have access to the Unit during Access Hours other than the Licensee and persons authorized in writing or accompanied by the Licensee. The Licensee may withdraw its authorization at any time provided that such withdrawal shall only take effect upon receipt of the withdraw notice in writing by the Licensor. The Licensor may ask for proof of identity from the Licensee or any other person at any time (although the Licensor is not obliged to do so) and the Licensor may refuse access to any person who is unable to provide satisfactory proof of identity.
4.4. The Licensee shall be responsible for ensuring that the Unit is locked at all times when the Licensee is not in attendance. The Licensor shall not be responsible for locking any unlocked Unit.
4.5. The Licensee shall permit the Licensor (and its agents employees contractors or authorized persons) to enter upon the Unit at all times and for all purpose including without prejudice to the generality thereof, the right to inspect the Unit or carry out repairs maintenance and alterations to the Unit or ensure compliance and observance by the Licensee with the provisions of this Agreement.
4.6. The Licensor reserves the right to enter the Unit at any time without notifying the Licensee of same (and if necessary breaking the lock to gain entry):
a. If the Licensor believes that the Unit contains Prohibited Items or is being used in breach of the provisions of this Agreement;
b. If the Licensor is required to do so by the Police, Fire Services, the Government of Hong Kong or by a Court Order;
c. If the Licensor believes it is necessary and in an emergency;
d. To obtain access in accordance with Clauses 4.5, 6.2 and 9 hereof;
e. To prevent injury or damage to persons or property; or
f. If the Licensor is of opinion that any of the above apply and for the purpose of ascertaining the same.
Provided that the Licensor shall not in any way liable or responsible to the Licensee for any loss or damage of whatever nature which may be suffered or sustained by the Licensee arising there from.
5. The Licensee’s Obligations
The Licensee shall comply with the following terms and conditions;
5.1. To maintain the Unit and every part thereof in proper and tenantable repair and condition and clear of the Licensee’s rubbish.
5.2. To warrant to the Licensor that the Goods stored in the Unit are the Licensee’s own property and not to store any Goods in the Unit which are not the property of Licensee.
5.3. To inform the Licensor Immediately of any damage to the Unit.
5.4. To comply with the directions of any of the Licensor’s employees or agents at the Premises and the Regulations for use of the Unit which the Licensor any of the Licensor’s employees or agents at the Premises and the Regulations for use of the Unit which the Licensor may issue or revise from time to time.
5.5. To Indemnify the Licensor and keep the Licensor indemnified against at losses claims demands actions proceedings damages costs or expenses or other liability arising in any way from this Agreement.
5.6. Not to make or permit to be made any alterations in or additions to the Unit or attach any fixtures or signs in or about the Unit without the written consent of the Licensor.
5.7. Not to use the Unit for any purposes other than as storage.
5.8. Not to keep or store or cause or permit or suffer to be kept or stored any of the following in the Unit;
a. Goods, the total value of which exceeds HONG KONG FIFTY THOUSAND HK$50,000);
b. Food or perishable goods;
c. Birds, fish, animals or any other living creatures;
d. Explosive, combustible or flammable materials or liquids such as paint, petrol, oil, gun powder, saltpeter, kerosene, oil or cleaning solvents;
e. Arms, weapons or ammunition;
f. Chemicals, radioactive materials or biological agents;
g. Toxic waste, asbestos or other materials of a dangerous nature;
h. Items which emit any fumes, smells or odors from the Unit or any noise to be audible or vibration to be felt outside the Unit;
i. Illegal substances, drugs, items or goods;
j. Substances, items or goods illegally obtained;
k. Compressed gases; or
l. Any other hazardous or dangerous materials the storage of which is subject to control by law.
5.9. Not to do, cause, permit or suffer to be done anything in or upon the Unit and/ or Premises or any part there of which may at any time be or become a nuisance annoyance damage or disturbance to the Licensor the tenants or occupiers or users of the neighboring unit or in any way against the laws or regulations of Hong Kong.
5.10. Not to do use the Unit or any part thereof for any illegal or immoral purposes.
5.11. Not to do anything on the Premises or in the Unit which may invalidate or affect any of the Licensor’s insurance policies (if any) (or those of other unit users) or increase its premium.
5.12. Not to attach anything to the walls, ceilings, floors or doors of the Unit or make any alteration to the Unit without prior authorization of the Licensor.
5.13. Not to cause any obstructive or undue hindrance in any passageway, stairway, service area or any other part of the Premises and the Licensee may at all times exercise courtesy to others in using these areas.
5.14. Not to do or permit or suffer any person exercising or purporting to exercise the rights given in this Agreement to do anything in relation to the Premises or Unit which would or might cause the Licensor to be in breach of any covenants or other obligations owned by the Licensor under any lease or license or agreement.
6. Alternative Unit
6.1. The Licensor may at any time by giving the Licensee seven days’ notice in writing require the Licensee to relocate its Goods from one Unit to another Unit specified by the Licensor. The alternative Unit shall be of a similar size to the current Unit.
6.2. Removal of the Licensee’s Goods from the current Unit to the alternative Unit will be at the Licensee’s risk. If the Licensee does not arrange the removal of its Goods to alternative Unit by the time specified in the removal notice, the Licensor may enter the current Unit and arrange for the Goods to be removed. Any removal arranged by the Licensor will be at the risk of the Licensee and the removal expenses will be payable by the Licensee and the Licensor will add them to the License Fee.
6.3. If the Licensee’s Goods are removed to an alternative Unit, this Agreement will be varied by the substitution of the alternative Unit number but the Agreement will otherwise continue in full force and the License Fee will continue to apply to the alternative Unit.
7. License Fee
7.1. The Licensee shall pay the License Fee for the minimum period of storage and/or services rendered by the Licensor upon signing of this Agreement and thereafter shall pay the License Fee in advance on the Due Date without any deduction or set off.
7.2. The first and last payments of the License Fee shall be apportioned (if necessary) according to the number of days remaining in the month in respect of which such payment due.
7.3. Payments may be made by cash, cheque, direct debit or other available electronic payment methods.
7.4. Receipts or invoices shall be provided upon request only.
7.5. The Licensor may increase the License Fee at any time upon giving the Licensee written notice thereof such increase to take effect on the first Due Date occurring not less than two weeks after the date of such notice.
7.6. If the Licensee terminates the contract before the expiration date of the contractual term, the Licensee is still required to pay the entirely of the agreed contractual sum.
8. Deposit
8.1. The Licensee shall upon the signing of this Agreement pay to the Licensor the specified Deposit, which shall be returned by the Licensor to the Licensee (without interest) within 30 days of the termination of this Agreement with a “Confirmation Notice on Termination” signed by the Licensee and PROVIDED that the Licensor shall be entitled to deduct from the Deposit any sums in respect of;
a. repairing any damage to the Unit, Premises or any other unit caused by the Licensee, its agents or invitees or by Goods stored therein;
b. any unpaid License Fee or removal or other charges; or
c. any other obligation of the Licensee to the Licensor that the Licensee has not discharged in full.
8.2. If the License Fee is increased pursuant to clause 7.4, the Licensee shall pay a lump sum fee in the form of deposit in each situation as set out in the above. The payment sum amounts to the shortfall between the original deposit and the new deposit after the License Fee is increased. The sum shall be paid at the same time of paying the increased License Fee after the License Fee is increased.
9. Default in Payment of License Fee
9.1. If the Licensee fails to pay the License Fee on the Due Date or any other payments payable by the Licensee under this Agreement, the Licensor shall forthwith be entitled to charge interest at the prevailing HSBC Best Lending Rate for any overdue License Fee and/or other payments from the Due Date of the date upon which such payment fell due to the date of actual payment. Should there be any overdue amount, the Licensor shall have a first lien on the Goods. If the total overdue amount exceeds the Deposit amount (or any changes pursuant to Clause 8.2), the licensor shall have the right to sell the goods in the Unit to offset the overdue amount, and collect an Administration fee for each sale being HK$500.00.
2. If any part of the License Fee or interest in accordance with clause 7 and 9.1 hereof is outstanding for more than 15 days after the Due Date (whether formally demanded or not) or the Licensee shall fail or neglect to observe or perform any of the provisions of this Agreement of the Licensee (being an individual) shall become bankrupt or (being a corporation) shall go into liquidation or otherwise become insolvent or make any composition or arrangement with creditors, then and in any such case the Licensor may also;
a. deny the Licensee access to the Unit and over lock the Unit; and
b. Impose upon the License an administration charge of HK$500.00 or such higher reasonable and proper sum for the work incurred by the Licensor’s staff in enforcing the rights and/or remedies of the Licensor hereunder or in attempting to do so; but without prejudice to any right of action by the Licensor in respect of any outstanding breach or non-observance of any of the provisions of this Agreement by the Licensee and to the Licensor’s right to apply the Deposit paid by the Licensee in accordance with Clause 8 & hereof.
3. If any part if the License Fee, administration charge or interest in accordance with Clauses 7, 9.1 and 9.2 hereof is outstanding for more than 30 days after the Due Date (whether formally demand or not) or the Licensee shall fail or neglect to observe or perform any of the provisions of this Agreement or the Licensee (being an individual) shall become bankrupt or (being a corporation) shall go into liquidation or otherwise become insolvent or make any composition or arrangement with creditors, then and in any such case the Licensor may also (in addition to its rights reserved under Clauses 9.1 and 9.2 hereunder);
a. break the existing lock(s) on the Unit;
b. remove the Goods from the Unit to such alternative storage facilities as the Licensor may decide without incurring liability for loss or damage arising by virtue of such removal;
c. demand reimbursement from the Licensee in respect of the full costs of removing the Goods from the Unit and storage costs elsewhere together with any further costs if the licensor is required to move the Goods at any time thereafter;
d. terminate this Agreement and treat the Goods as abandoned and thereafter to sell (by way of auction or private treaty) and pass good title of the Goods on behalf of the Licensee to purchaser(s), destroy or otherwise dispose of such Goods on behalf of the Licensee. Any generated proceeds shall be retained by the Licensor and applied to discharge any outstanding License Fee and/ or other expense(s) incurred by the Licensor under this Agreement. If the proceeds of sale are insufficient to discharge the outstanding balance amount, the Licensor shall have the right to take any action considered necessary to recover the outstanding amounts:
e. treat any Goods as abandoned and destroy or otherwise dispose of them; and
f. in addition the Licensee’s obligation as stipulated in Clause 9.2 the Licensee shall pay an initial administrator charge of HK$500.00 or such higher reasonable and proper sum for the work(s) incurred by the Licensor (and/or its agents, employees, contractors, or authorized persons) in enforcing the rights and/or remedies of the Licensor or in attempting to do so; but without prejudice to any right of action by the Licensor in respect of any outstanding breach or non-observance of any of the Agreement by the Licensee’s right to apply the Deposit paid by the Licensee in accordance with Clause 8 hereof.
**10. Non-assignment**
The benefit of the Agreement is personal to the Licensee only and not assignable and the right given in Clause 2 hereof may only be exercised by the Licensee and shall not be assigned or otherwise disposed of.
**11. Exclusion of Liability**
1. The Licensor shall not be liable for any loss, damage, deterioration, misplacement or destruction of or to the Good(s) stored in the Unit(s), whether the loss or damage being due to any act or omission, negligence or willful default by the Licensor (or its agents, employees, contractors, or authorized persons) or other unit user(s), nor shall the Licensor be liable for any loss incurred by the Licensee as a result or any loss of damage to the Goods.
2. The Licensor (or its agents, employees, contractors, or authorized persons)shall not be liable to the Licensee in all. Circumstances by reason of misrepresentation or any implied warranty or condition or under the express provision of this Agreement for any loss or damages cost, expenses or other claims (whether caused by the negligence of the Licensor or its agents, employees, contractors, or authorized personsor otherwise) which arise under or in connection with this Agreement
**12. Insurance**
The Licensor shall not insure the Goods whilst they are stored in the Unit. Storage of Goods in the Unit is at the sole risk of the Licensee and the Licensee must insure that full replacement value at their own discretion.
**13. Indemnity**
1. The Licensee shall indemnify the Licensor and hold the Licensor harmless against all claims, demands, liabilities, damage, costs and expenses incurred by the Licensor (or its agents, employees, contractors, or authorized persons)or other unit users which arises out the use of the Unit or the Premises by the Licensee or any authorized persons as stipulated in Clause 4.3or arises out of the breach of this Agreement by the Licensee.
2. If upon termination of this Agreement the Licensee shall fail to remove all the Goods from the Units and to surrender the Units clean and tidy and in the same condition as the Commencement Date in accordance with Clause 14.4 hereof, the Licensee shall indemnify and keep the Licensor indemnified against any loss or damage suffered and all costs and expenses incurred by the Licensor as a result thereof.
**14. Termination**
1. This Agreement is on month-to-month basis. Either party may at any time terminate this Agreement by giving not less than 14 days’ written notice to the other ending on the Due Date and any such termination to take effect on the date specified in such notice without prejudice to any right which either party may have by reason of any antecedent breach by the other party of any provisions of this Agreement. The Licensee must confirm the termination of this Agreement before the deposit is refunded by the licensor as stupilated in Clause 8.
2. The Licensee may not terminate this Agreement if any License Fee or other charges payable by the Licensee under this Agreement are outstanding or if the Licensee is otherwise in breach of this Agreement.
3. The Licensor may terminate this Agreement by giving the Licensee notice in writing if the Licensee is in breach if this Agreement, not with standing any notice period, such termination to take effect forthwith.
4. Upon termination of this Agreement, the Licensee shall remove the Goods from the Unit and shall leave the Unit clean and in the same condition as at the Commencement Date.
5. Upon termination of this Agreement, the Licensee shall remain liable to the Licensor in respect of any costs incurred by the Licensor in cleaning and reinstating the Unit or disposing of any Goods or waste left therein.
6. If the Licensee fails to remove all the Goods from the Unit and Premises within seven days of the date specified in the notice given under this Clause hereof or within seven days of termination of this Agreement, the Licensor reserves its right to treat the goods as abandoned and thereafter to sell, destroy or dispose of such goods and apply any proceeds of sale in the manner specified in Clause 9 above. The Licensor reserves the right to make further charges to the Licensee thereafter in the event that the disposed proceeds of the Goods do not cover the amount due hereunder.
**15. No Tenancy**
This Agreement shall not create a tenancy nor confer upon the Licensee any tenancy rights and shall not constitute between the Licensor and the relationship of landlord and tenant.
**16. Rules and Regulations**
The Licensor shall be at liberty to make rules and regulations for the use of the Unit from time to time and the Licensee shall observe and perform such rules and regulations as if they were made the provisions of this Agreement.
**17. Force Majeure**
The Licensor shall not be liable for any loss or damage suffered by the Licensee as a direct or indirect result of the Licensor’s performance of this Agreement being prevented, hindered or delayed by reason of any act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown, of plant or machinery, fire, flood, difficulty in obtaining workmen, materials or transport, electrical power failures or other circumstances whatsoever outside the Licensor’s control and which affects the provision of access to or use of the Premises and/or Unit(s).
**18. Notices**
All notices given by either party pursuant to the provisions of this Agreement shall be in writing and shall be sufficiently served if delivered by hand or sent by registered delivery or by prepaid post to the other party at its last known address or the given in this Agreement or at its registered office in Hong Kong. A notice sent by registered or prepaid post shall be deemed to be given at the time and date of posting.
**19. General**
1. Any delay by Licensor in exercising any of its rights under this agreement will not impair its rights or be a waiver of those rights, nor will any partial exercise of any right preclude a further exercise of that right.
2. The Licensee shall not assign any of its rights under this Agreement or sublet or share of part with possession of Unit or any part thereof to any other person, firm or company.
3. If at any time any one or more provisions hereof is or becomes invalid, illegal, unenforceable or incapable or performance in any respect, the validity, legality, enforceability or performance of the remaining provisions hereof shall not thereby in any way be affected or impaired, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
4. This Agreement shall be governed by Hong Kong Law and both parties hereto submit to the exclusive jurisdiction of Hong Kong Special Administrative Region.
5. In the case that the Licensee construes of is two or more persons, their obligations under this Agreement shall be jointly and severally.
6. The Licensor reserves the right to refuse the storage in Units of any Goods without giving any reason.
7. All Goods accepted will become subject to lien in respect of continued non-payment of the License Fee and/or charges.
8. This Agreement sets out the all full agreements reached between the parties hereto and to other representation have been made or warranties given relating to the Licensee or the Unit or this Agreement and if such representation or warranty has been made given of implied the same is hereby waived.
9. The Licensee authorized the personal data of the Licensee and related information of himself, herself, any related directors, Employees, agents and/or officers to be transferred to the Licensor and the Licensor’s employees, directors, consultants, agents and any other third party(ies) appointed by the Licensor for providing and maintaining the storage services, communication, processing of documentation, debt collection and all related purposes.
**20. Personal Data**
The Licensee acknowledges that personal data of the Licensee (if the Licensee is a living individual) held by the Licensor may be transferred or provided by the Licensor to any other affiliated companies. In transferring or providing such personal data to the said affiliate, the Licensee acknowledges that the Licensor shall make such notification to the Licensee and request the Licensee to provide such consent in compliance with the Personal Data (Privacy) Ordinance (Cap.486, Laws of Hong Kong) or as amended.
**21. If there is any inconsistency between the English and Chinese versions of this Agreement, the English version on our website shall prevail.**