For the purposes of this Agreement, the following definitions shall apply:

“Agreement” includes these Terms and Conditions, KML’s Offer, the Order Confirmation and (where applicable) the StoreProtect Addendum;

“Business Day” means Monday to Friday excluding Saturdays, Sundays and public holidays.

“Contract Price” means the total price paid or payable (including, where applicable, the StoreProtect Charges) by You to KML for the services provided pursuant to this Agreement;

“Item” means the entire contents of a box, parcel, package, carton, case or similar Unit or any other object or thing that is moved, handled or stored by KML;

“KML” means Kiwi Movers Limited;

“Maximum Replacement Value” means the maximum sum total of the Replacement Values for Your Property at all times for the duration of this Agreement including where KML’s Offer includes collection/delivery and storage of Your Property on multiple occasions or where You add or remove Your Property from storage.

“Offer” means the quote setting out the services to be provided to You under this Agreement along with an estimated price for the provision of those services;

“Property” or “Your Property” means any and/or all goods submitted for storage by or on behalf of You;

“Replacement Value” means the current cost of replacing Your Property, allowing for age, quality, degree of use and second-hand market value at the time Your Property is packed or otherwise made ready for removal and/or storage.

• For any Property which cannot be purchased new (such as antiques or works of art, for example), the Replacement Value is the current market value of such Property; and
• For documents, the Replacement Value shall be calculated as the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the documents.
• KML are not liable for the cost of replacing Your Property as new unless You can evidence it was brand new and unused at the time at the time Your Property is packed or otherwise made ready for removal and/or storage.

“Secured Storage” means the building, warehouse, external storage Units or other land or premises owned, leased or operated by KML.

“StoreProtect” means an agreement between You and KML where KML accept a higher limit of liability for Loss or Damage in consideration for payment of the StoreProtect Charges and in accordance with the StoreProtect Addendum and this Agreement;

“StoreProtect Charges” are the fees for provision of StoreProtect in accordance with the StoreProtect Addendum and this Agreement;

“Unit” means the container provided by KML for transit and storage of Your Property, including the transporting trailer;

“You” or “Your” means the customer.

1.1 KML’s Offer, unless indicated otherwise, does not include customs duties, demurrage and inspections or any other fees or taxes payable to government bodies.

1.2 KML may change the price set out in KML’s Offer or impose additional charges if circumstances apply or events occur that were not taken into account when KML prepared KML’s Offer. Examples include if:

1.2.1 You do not accept the Offer within 28 days of, or the service is not carried out or provided within 2 months of, the Offer being given.

1.2.2 The service is carried out outside normal working hours (i.e. outside 8.00am-4.00pm)
1.2.3 KML have to collect Your Property above the ground floor and first upper floor.
1.2.4 The stairs, lifts of doorways are inadequate for free movement of Your Property without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for KML’s vehicles or the Units to load/unload are more than 20 metres from the entrance to the premises. KML reserve the right to not carry out the job if any of the above apply.

1.3 There is a minimum rental charge of 4 weeks on Mobile Self Storage Services (as defined under Clause 3.2).

1.4 All promotional offers or sales are subject to a minimum storage term. By accepting the Offer, You agree to pay this minimum term specified on the Offer.

2.1 Additional charges may also be applied under the following circumstances:

2.1.1 If a parking fine is incurred by KML while carrying out the service. This fine may be charged direct to You together with a 10% surcharge for KML’s administration costs. It is Your responsibility to arrange suitable parking.

2.1.2 If KML’s drivers arrive at the premises and are unable to load/unload because the keys for the premises are not available and the delay lasts for more than 20 minutes, KML’s driver will leave but the transport charge will be charged to You. If a future time is later arranged, there will be an additional transport charge.

2.1.3 If a loading service is ordered, an additional charge of £25 + VAT will be added for every 15 minutes over and above the one hour per Unit based on 2 men allocated.

3.1 KML will provide the services as set out in the Offer.

3.1.1 So long as all fees are paid up to date: (i) KML will make available to You a lockable Unit for You to store Your Property; (ii) You are permitted to store Your Property in the Unit allocated to You by KML from time to time and only in that Unit; (iii) KML will transport the Unit to and from KML’s Secured Storage as required and per KML’s quoted terms; (iv) KML will maintain the Secured Storage in a secure and safe condition; and (v) KML will make every reasonable effort to protect Your Property from Loss or Damage while Your Property remains in the Unit while it is in KML’s care, custody and control, subject to all terms and conditions of this Agreement.

3.1.2 KML do not grant any lease or tenancy of the Unit.

3.1.3 Where KML provide Loading or Packing Services, it is KML’s responsibility to use all reasonable endeavours to securely pack the Property and otherwise make the Property ready for transit and/or storage.

3.1.4 KML will use all reasonable endeavours to determine the appropriate method, route and storage location (where applicable) to carry out the services. KML may, at KML’s discretion, take into account any instructions provided by You.

3.2 Mobile Self Storage Services – KML will deliver the Unit(s) to You or make a Unit available at KML’s Secured Storage for You to load. This service DOES NOT include:

3.2.1 Loading or packing Your Property into boxes, dismantling or assembling unit or system furniture (flat pack) INCLUDING BEDS;

3.2.2 Disconnecting, re-connecting, dismantling or re-assembling appliances, fixtures, fittings or equipment;

3.2.3 Moving Your Property from a loft or doing any work that involves the use of a ladder; or

3.2.4 Packing Your Property into boxes or other Units, under any circumstances.

3.3 Loading Services – KML will deliver the Unit(s) and load Property packed by You on Your behalf. This service DOES NOT include:

3.3.1 Packing Your Property into boxes, dismantling or assembling unit or system furniture (flat pack) INCLUDING BEDS;

3.3.2 Disconnecting, reconnecting, dismantling or re-assembling appliances, fixtures, fittings or equipment;
3.3.3 Moving Your Property from a loft or doing any work that involves the use of a ladder; or

3.3.4 Packing Your Property into boxes or other Units, under any circumstances.

3.4 Packing Services – KML will deliver Your Unit(s), pack Your Property into boxes, where applicable and load into the Unit(s). Any packing materials used over those covered in Your Offer will be added to Your first invoice.

3.5 Loose Loading – In some circumstances, KML may loose load Your Property into a vehicle and then load Your Property into a Unit when KML return to the warehouse. On redelivery of Your Property KML may also unload Your Property from Your Unit into a vehicle prior to the delivery. KML will make You aware of this before any of Your Property is handled.

4.1 It is Your responsibility to:

4.1.1 Obtain at Your own expense, all access and parking facilities reasonably required by KML to enable KML to carry out the services.

4.1.2 Provide KML with accurate details regarding Your Property, including the volume and quantity of Your Property and to inform KML of any specific handling and/or storage requirements;

4.1.3 Ensure suitable permission is obtained for the Unit to be situated at Your nominated location and any charges or fees are paid. KML accept no liability for any fines or charges or damages arising from the positioning of the Unit.

4.1.4 Inspect the Unit prior to loading and inform KML if You believe it to be damaged or unsuitable for Your requirements in any way. Otherwise, the Unit will be deemed to be in good condition at the commencement of the contract.

4.1.5 When the Unit is left in Your custody, You are solely responsible for securing the Unit and ensuring it is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. KML are not responsible for securing any Unit left unlocked by You. Notwithstanding, where KML provide Loading or Packing Services and retain custody of the Unit at all times, KML shall be responsible for securing the Unit.

4.1.6 Comply with all fire, safety and security precautions or instructions at the Secured Storage or while using the Unit as directed by a member of KML’s staff.

4.1.7 You must take all reasonable endeavours to protect the Unit from damage while at Your nominated location.

4.1.8 Inform KML immediately of any damage to the Unit.

4.1.9 Comply with the directions of KML’s employees or agents at KML’s premises and any further regulations for use of the Unit, which KML may issue from time to time.

4.1.10 Empty, properly defrost and clean any refrigerators and deep freezers. KML will not be responsible for their contents or any consequential losses following Your failure to comply with this Clause 4.1.10.

4.1.11 Ensure that all domestic and garden appliances, including but not limited to, washing machines, dish washers, hose pipes and lawn mowers are clean and dry and have no residual fluid in them;

4.1.12 When storing any Property that contains built-in batteries including, but not limited to, E-Scooters, E-Bikes, E-Skateboards or any similar battery-powered vehicles (see Clause 5.1.4), You must ensure: (a) the Property is free from visible physical defect or fault; (b) all batteries are stored with the lowest possible charge; and (c) such Property is not stacked and are stored allowing air circulation.

4.1.13 Provide KML with sufficient contact details (including address, mobile number and email address) for correspondence and any subsequent changes to such address throughout the period of storage of Your Property.

4.1.14 Ensure all discrepancies are noted on the driver’s docket and signed by both Yourself and the driver. Any discrepancies reported after this time may not be accepted.

4.1.15 Where a Loading Service and Packing Service is ordered (and in addition to Clause 4.1.1 above) You must be present during the removal of Your Property.

4.2 Where a Mobile Self Storage Services is ordered (and in addition to Clause 4.1 above) it is Your responsibility to:

4.2.1 Be available on the phone at all times. KML’s drivers will not deliver the Unit(s) without speaking with You first, and You will be charged the full transport rate.

4.2.2 Advise KML by 3pm the day before Your booking is due of any cancellations or amendments. Failure to do so may result in a cancellation charge which would be equivalent to the full, original collection charge.

4.3 You must not:

4.3.1 Use the Unit or Secured Storage in a way which is or may become a nuisance to KML, KML’s employees, agents, or other customers

4.3.2 Sub license, transfer assign or in any way part with the benefit of this Agreement which shall be reserved to You.

4.3.3 Use the Unit or Secured Storage as offices or living accommodation or as a home or business address

4.3.4 Spray paint or carry out mechanical work of any kind to the Unit or Secured Storage
4.3.5 Attach anything to the walls, ceiling or floor of the Unit or Secured Storage or make any alteration to the Unit

4.3.6 Cause any damage to the Unit or the Secured Storage or to KML’s property or possessions or any other customers'. If in breach of this Clause, You must (at KML’s option) repair, restore or replace such damaged items, or reimburse KML’s costs in making necessary repairs, restoration or replacement.
4.3.7 Cause any obstruction or undue hindrance in any passageway, stairway service area, access area or other part of the Secured Storage

4.3.8 KML will not be liable for Loss or Damage, costs or additional charges that may arise from Your failure to comply with these responsibilities, except to the extent that such Loss or Damage results directly from KML’s negligence.

4.3.9 If You fail to provide accurate contact details in accordance with Clause 4.1.13 and do not respond to KML’s notices, KML may publish such notices in a public newspaper in the area to or from which the Property was moved. Such notice will be considered to have been received by You within seven (7) days after the publication date. If KML are unable to contact You, KML may charge You any additional costs incurred in establishing Your whereabouts.

5.1 You agree not to submit the following items (“Excluded Items”) for storage:

5.1.1 Vehicles of any kind;

5.1.2 Batteries of any kind UNLESS they are built-in and cannot be removed from otherwise permitted Property (see Clause 5.1.4 below);

5.1.3 Portable battery chargers, power banks or any similar portable power source;
5.1.4 perfume products, tobacco, cigars, cigarettes, beers, wines, spirits and the like.

5.1.5 Money or currency of any kind, jewellery, watches, trinkets, precious stones or metals, deeds, securities, bullion, bonds, securities, stamps, coins or goods or collections of any similar kind;
5.1.6 Any irreplaceable Property including, but not limited to, family photos/videos, children’s drawings/art or school work, wedding dresses and university submissions, for example (see also Clause 9.5.8);

5.1.7 Furs worth in excess of £100;

5.1.8 Mobile telephones, tablets, laptops or portable media or portable computing devices of any kind;

5.1.9 E-cigarettes;

5.1.10 Pornographic material;

5.1.11 Medicines or drugs of any kind;

5.1.12 Food or perishable items or those requiring a controlled environment;

5.1.13 Property likely to encourage vermin or other pests or to cause infestation or contamination;

5.1.14 Pets, livestock or any other living creatures or plants;

5.1.15 Combustible or flammable substances such as fireworks, gas, paint, petrol, oil, cleaning solvents, aerosols, or compressed gases;

5.1.16 Any illegal item or substances or items illegally obtained such as illicit, counterfeit or smuggled tobacco or alcohol and unlicensed or unsafe items;

5.1.17 Property which is environmentally harmful or that are a risk to property or person;

5.1.18 Weapons, firearms, ammunition or explosives or parts, associated accessories, materials or ingredients of all kinds;

5.1.19 Chemicals, radioactive materials, biological agents; toxic waste, asbestos or other potentially hazardous substances;

5.1.20 Any item that emits fumes or odours;

5.1.21 Any item which requires special licence or government permission for export or import.

5.2 You agree to make Your own arrangements to transport or store Excluded Items – KML will not, under any circumstances, transport or store Excluded Items. If You submit any Excluded Items without KML’s knowledge, KML will not be liable for Loss or Damage to Excluded Items or where other Property is damaged by the Excluded Items.

5.3 If You submit such Property without KML’s knowledge, KML will endeavour to make them available for Your collection and if You do not collect them within a reasonable time KML will dispose of such Property without notice. In addition, You will be liable to indemnify KML against any charges, expenses, damages, legal costs or penalties incurred by KML in relation to such Excluded Items. Furthermore KML will not be liable to You for any damage or loss incurred or suffered by You as a result of KML’s disposal or destruction of such prohibited Excluded Items.

6.1 By entering into this Agreement, You guarantee that:

6.1.1 The Property to be stored in Your Unit is Your own property or the person(s) who own or have an interest in them have given You authority to store the Property in Your Unit and/or enter into this Agreement.

6.1.2 Notwithstanding Clause 12, KML will only give access to Your Unit to a third party if KML have confirmation in writing from You to do so.

6.1.3 You will indemnify KML against any Loss or Damages including costs brought against or suffered by KML if Clause 6.1.1 is not true.

7.1 KML will not take any payment for rental/transport or StoreProtect Charges (where applicable) until the first Business Day after Your Property is brought into storage. You will then be invoiced for any collection charges that may be due, and for the rental up until the last day of the month. You will then be invoiced on the 1st Business Day of each month, for the whole of that month in advance.

7.1.1 Payment will be taken automatically from the payment method You gave upon booking, unless otherwise arranged. If KML do not have any payment details, You will be charged a 12% irregular payment surcharge.

7.1.2 When booking Your Property out of storage, KML will generate a final account, which will charge You any transport fees that may be due, and refund any storage rental that has been overpaid.

7.1.3 The balance will need to be settled by 3.30pm the day before any delivery can be carried out.

7.1.4 The preferred payment method is by debit or credit card. All other methods may be subject to a 12% surcharge.

7.1.5 If Your account is in arrears You will not be allowed to access to Your Property until the account is cleared.

7.1.6 If Your account falls into arrears, KML will contact You immediately via email and phone. Failing to reach You after 7 days will result in a letter being sent advising You of the arrears. If payment is not received within 21 days of Your invoice date, KML will notify You that Your Property is going to be sold. If KML have still not received payment within 30 days of Your invoice date Your Property will be sold.

8.1 KML accept no liability for Your Property while loaded in a Unit before KML’s liability commences as set out under Clause 8.2. It is Your responsibility to secure the Unit.

8.2 KML’s liability commences from the time:

8.2.1 KML take the Unit and Your Property into KML’s custody for the purposes of carrying out KML’s Mobile Self Storage Services, including transporting the loaded Unit to KML’s Secured Storage;

8.2.2 KML take any Property into KML’s custody when performing KML’s Loading Services; or

8.2.3 Your Property is professionally packed by KML in accordance with KML’s Packing Services.

8.3 KML’s liability ceases:

8.3.1 When Your Property is collected from storage by You or Your Agent or when Your Unit is delivered to its intended destination by KML.

8.3.2 Where any part of Your Property is unloaded from the Unit by KML, KML’s liability extends to cover the period of unloading but only for the Property unloaded by KML;

8.3.3 Where Your Property is professionally unpacked by KML, KML’s liability extends to cover the period of professional unpacking, provided this takes place within seven (7) days of delivery of the Property to its final location.

8.3.4 For the avoidance of doubt, where KML provide Packing or Loading Services, KML accept no liability for any Property loaded into the Unit by You or Your Agent until KML take the Unit into KML’s custody as set out under Clause 8.2.1.

8.4 Subject to the restrictions set out in this Clause 8, KML shall be liable for: identifiable losses, destruction of or damage to Your Property while Your Property is in KML’s custody and control (defined as “Loss” or “Damage”).

8.5 Restricted Liability

8.5.1 KML shall only be liable for Loss or Damage (as defined under Clause 8.4) caused by our negligence up to a maximum of limit of £40 per Item and £250 per Unit (see Definitions), whichever is less, for any one event or series of connected events.

8.5.2 For the avoidance of doubt, KML shall have no liability for Loss or Damage unless directly caused by our negligence.

8.5.3 KML do not insure the Your Property and it is a condition of this Clause 8.5 that the Property remains adequately insured at all times for its Maximum Replacement Value while in storage. You warrant that such cover is in place, will not lapse and that the Maximum Replacement Value of all Property in the Unit from time to time will not exceed the insured value. KML do not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover. Inspection of any insurance documents provided by You to demonstrate cover does not mean KML have approved the cover or confirmed it is sufficient.

8.6 StoreProtect – Enhanced Liability Option

8.6.1 As an alternative to Clause 8.5, you may opt for StoreProtect in accordance with the StoreProtect Addendum.

8.7 No individual employed or engaged by KML will be separately liable to You for Loss or Damage under the terms of this Agreement.

9.1 You agree that KML will not be liable for Loss or Damage to any Excluded Item(s) (see Paragraph 5.1) or Loss or Damage to other Property caused by Excluded Item(s).

9.2 Where KML provide Mobile Self Storage or Loading Services:

9.2.1 KML accept no liability for Loss or Damage to Your Property which occurs during transit UNLESS such Loss or Damage is a direct consequence of collision to or overturning of KML’s conveying vehicle, or as a result of fire, flood or theft following forcible entry to the Unit.

9.2.2 KML accept no liability for breaking, scratching, denting, chipping, staining, tearing and the like as a result of inadequate packaging.

9.2.3 If You or Your Agent have been fully or partially responsible for loading the Unit, KML will not be liable for Loss or Damage which is caused by failure to pack or stack Your Property in the Unit properly and securely.

9.3 Where KML provide Packing Services:

9.3.1 Unless resulting as direct consequence of collision to or overturning of KML’s conveying vehicle, or as a result of fire, flood or theft following forcible entry to the Unit, KML will not be liable for Loss or Damage to china, crockery, glassware and other fragile items (“Fragile Items“) where they have not been both professionally packed and unpacked by KML or KML’s Subcontractor (defined as “Customer Packed”). KML’s liability for Customer Packed Fragile Items is limited to £40 per Item and £250 per Unit, whichever the lesser.

9.3.2 With the exception of Fragile Items, in the event of an accident involving an Customer Packed Item where damage would have occurred irrespective of the quality of the packing, then KML’s maximum liability is limited to the lesser of: £40 for the entire contents of the Item; the actual Replacement Value of the damaged Property; or £250 per Unit.

9.3.3 For loss of Customer Packed Items, KML’s liability is limited to a maximum of £100 per Item and £250 per Unit, whichever the lesser, unless a detailed list of the contents is disclosed to and agreed by KML prior to the commence of KML’s Services.

9.3.4 For the avoidance of doubt, the liability limitations noted above relate to the entire contents of the Item (as defined in KML’s Terms and Conditions) or the actual Replacement Value of the damaged Property whichever is less.

9.4 Where the lost or damaged Item is part of a pair or set, KML’s liability, where it is assessed as the cost of replacement of that Item, is to be assessed as a sum equivalent to the cost of that Item in isolation, not the cost of that Item as part of a pair or set or any undamaged part of a pair or set.

9.5 KML accept no liability for the following:

9.5.1 Mysterious disappearance or unexplained shortage of Your Property except as a result of theft evidenced by forcible entry to KML’s vehicle or the Secured Storage;

9.5.2 Loss or Damage caused by the act or omission of You or Your Agents.

9.5.3 Loss or Damage to Your Property while located in wardrobes, drawers or appliances.

9.5.4 Any reduction in value or depreciation resulting from damage or subsequent repair or restoration;

9.5.5 Loss of data records, other than the cost of blank data materials;

9.5.6 Electrical, electronic or mechanical derangement, except where this results directly from external physical damage caused by our negligence;

9.5.7 Any Property confiscated, seized, removed or damaged by customs authorities or other government agencies;

9.5.8 Any value which is purely sentimental;

9.5.9 Any delays in transit.

9.5.10 Any financial loss other than in respect of the Property, or any business loss, including loss of profits, loss of sales or business, loss of anticipated savings, loss of or damage to goodwill, or commercial value in the Property;

9.5.11 Damage which results directly from Your Property being moved under Your express instructions against KML’s advice;

9.5.12 Reimbursing You for any fees paid by You to KML pursuant to this Agreement, including, but not limited to, StoreProtect charges;

9.5.13 Any other loss which is not reasonably foreseeable. Loss is foreseeable if either it is obvious that it would happen at the time the contract was entered into, or where it is not obvious but KML knew that it was a risk because (a) You notified KML in writing prior to KML agreeing KML’s Offer; and (b) KML agreed in writing to accept liability for this risk before entering into the Agreement.

9.6 KML will not be liable for Loss or Damage to Your Property caused by:

9.6.1 Moth or vermin or similar infestation;

9.6.2 Cleaning, repairing or restoring Your Property unless KML arranged for the work to be carried out;

9.6.3 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board;

9.6.4 Normal wear and tear, natural or gradual deterioration, discoloration and loosening of joints;

9.6.5 Inherent or latent defects in the Property;

9.6.6 Leakage of liquid from any receptacle or container or thing;

9.6.7 Mould, mildew or rust or changes in atmospheric conditions unless proven to be caused by water entering the transit vehicle or Secured Storage;

9.6.8 A cyber attack; and

9.6.9 Circumstances beyond KML’s reasonable control, including but not limited to, war, invasion, acts of terrorism, activities relating to war, terrorism, acts of foreign enemies, hostilities (whether war is declared or not), rebellion, revolution or military coup, confiscation or destruction under the order of any official body, radioactivity, ionising radiations from any nuclear fuel/waste, biological or chemical weaponry, pressure waves caused by aircraft or any other events outside KML’s reasonable control.

10.1 If You have Your own insurance in place to cover Loss or Damage to Your Property, You must recover Your losses from Your insurers in the first instance.

10.2 Notwithstanding Clause 10.1, if You discover Loss or Damage to Your Property, it is important that You notify KML in writing as soon as possible. The sooner that You notify KML, the sooner KML can establish the cause of Loss or Damage and properly investigate.

10.3 You must notify KML in writing and provide a detailed description of Loss or Damage to Your Property in any event within seven (7) days of:

10.3.1 delivery of the Unit to its destination; or

10.3.2 Completion of KML’s professional unpacking service.

10.4 If You access Your Property while stored by KML or on KML’s behalf, any Loss or Damage to Your Property You discover which has occurred during transit into store must be confirmed to KML immediately upon discovery, and confirmed in writing as soon as possible thereafter, but no later than seven (7) days after discovery.

10.5 If You or Your authorised representative collects Your Property from storage, You must inspect the Property at the time it is handed to You or Your Agent and notify KML immediately of Loss or Damage and in writing as soon as possible thereafter, but no later than seven (7) days after discovery. KML will not be liable for Loss or Damage which is discovered after Your Property is removed from KML’s custody.

10.6 KML will not be liable for Loss or Damage to Your Property unless You notify KML of such Loss or Damage within the time limits specified above. In exceptional circumstances, KML may agree to extend this time limit where You request this in writing, provided such request is received within seven (7) days of delivery or collection.

10.7 KML may make such enquiries as necessary to investigate the Loss or Damage to Property and You agree to co-operate with KML and KML’s insurers in KML’s enquiries, and to provide any additional relevant information without delay where KML request this. Please retain any damaged Property until KML have had a reasonable opportunity to inspect (if necessary) any damage.

10.8 On receipt of notice of Loss or Damage to Your Property, You will be given a claim form to complete and return to KML. The following information will be required:

10.8.1 Your name and contact details;

10.8.2 Estimates for repairs or replacement;

10.8.3 As many details as possible about the Loss or Damage, including photographs of any damage and also any damaged item(s) in their entirety.

10.9 The settlement of any claim for Loss or Damage shall be either: replacement, repair, cleaning or compensation at Ours and KML’s insurer’s option, subject to the liability limit set out in Clause 8.5.1 or StoreProtect, where applicable. KML reserve the right to collect any damaged items as salvage where the full current market value of any Property is issued in settlement of Your claim.

10.10 If You do not receive a response from KML within a reasonable time, You may contact KML’s claims agent directly at RCS, Swan House, Swan Centre, Leatherhead, Surrey, KT22 8AH, United Kingdom Tel: +44 (0) 1372 385970 Email: [email protected] (mailto:[email protected]).

10.11 If You provide KML with misleading or incorrect information relating to a claim for Loss or Damage to Your Property, or make a claim that is fraudulent, false or exaggerated, KML may:

10.11.1 reject the claim;

10.11.2 where applicable, cancel or void the StoreProtect Addendum without refund of StoreProtect Charges; and

10.11.3 recover from You any costs KML have incurred in dealing with Your claim.

11.1 Because third party contractors are frequently present at the time of collection or delivery KML’s liability for Loss or Damage is limited as follows:

11.1.1 If KML cause Loss or Damage to premises or property other than Property for removal as a result of KML’s negligence or breach of contract, KML’s liability shall be limited to making good the damaged area only.

11.1.2 If KML cause damage as a result of moving Your Property under Your express instruction, against KML’s advice, and where to move the goods in the manner instructed is likely to cause damage, KML shall not be liable.

11.1.3 If KML are responsible for causing damage to Your premises or to property other than goods submitted for removal and/or storage, You must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.

12.1 You have the right to access the Unit during normal working hours (9am – 4pm on a business day), subject to 72-hours advanced notice and the terms of this Agreement.
12.2 Only You or others authorised or accompanied by You (“Your Agents”) may access the Unit. You are responsible for and liable to KML and other users of the Secured Storage for Your own actions and those of Your Agents. KML may (but are not obliged to) require proof of identity from You or any other person at any time and, at KML’s sole discretion, may refuse access to any person.
12.3 KML may refuse You access to Your Property or the Secured Storage where moneys are owing by You to KML, whether or not a formal demand for payment has been made, or if KML consider the safety or security of any person, Property on or at the Secured Storage has been threatened or may be put at risk.
12.4 You should not leave a key with or permit access to the Unit to any person other than Your Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.

12.5 You authorise KML and KML’s agents and contractors to access Your Unit in the following circumstances and to break any lock if reasonably necessary to gain entry:

12.5.1 On not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Secured Storage;

12.5.2 Without prior notice (but with notice as soon as practicable after the event) in the event of: an emergency (including for repair or alteration) or to prevent injury to persons or damage to KML’s own property and to carry out KML’s duty to safeguard Property belonging to You or other customers;

12.5.3 If KML believe the Unit is being used to store prohibited Property or Excluded Items or used for a prohibited purpose;

12.5.4 If KML are obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or
12.5.5 To relocate the Property or exercise KML’s lien or power of sale or disposal in accordance with this Agreement.

12.6 If You access Your Unit while stored by KML or on KML’s behalf:

12.6.1 It is Your responsibility to provide KML with an updated Maximum Replacement Value (if You opt for enhanced liability) as soon as possible but in any event within 10 days.

12.6.2 You are deemed to have loaded the Unit and KML’s liability for the remaining period of storage and delivery out of store will be restricted as set out under Clause 9.2.
12.6.3 You must notify KML of Loss or Damage You discover in accordance with Clause 10.4.

12.7 KML may refuse You access to Your Property or the Secured Storage where moneys are owing by You to KML, whether or not a formal demand for payment has been made, or if KML consider the safety or security of any person, Property on or at the Secured Storage has been threatened or may be put at risk.

13.1 If You fail to pay any moneys due to KML under this Agreement, KML may keep hold of Your Property until You have paid any outstanding and due charges. These include any charges that KML may have paid out on Your behalf.

13.2 Whilst KML hold Your Property pursuant to Clause 13.1, this Agreement will continue to apply. You will pay for any charges, costs and expenses incurred by KML in connection with holding Your Property and obtaining payment from You.

13.3 If You fail to pay KML’s charges, KML will provide You with written notice requiring You to move Your Property from KML’s custody and to pay the outstanding and due charges within 3 months’ time. If You fail to comply with the notice within the 3-month period, KML reserve the right to sell or dispose of some or all of Your Property without further notice to You.

13.4 You will pay for any costs incurred for the sale or disposal of Your Property. The net proceeds of any sale will be credited to Your account, subject to any deductions against other payments due to KML. Any eventual surplus will be paid to You without interest once deductions have been applied. If the proceeds of sale do not cover the amount of the outstanding charges, KML may seek to recover the balance from You.

15.1 If You send goods to be stored, You must provide an address for correspondence and notify KML if it changes. All correspondence and notices will be considered to have been received by You seven days after sending it to Your last address recorded by KML.

15.2 If You do not provide an address and/or do not respond to KML’s correspondence or notices, KML may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by You seven days after the publication date of the newspaper. Note: If KML are unable to contact You, KML will charge You any costs incurred in establishing Your whereabouts.

16.1 Charges if You postpone or cancel: If You postpone or cancel the services detailed in this Agreement at any time prior to commencement of the services, You agree to pay the charges set out below according to how much notice You give KML:

16.1.1 More than 10 Business Days before the Services are due to start – no charge.

16.1.2 Between 5 to 10 Business Days inclusive before the Services are due to start – no more than 30% of the Contract Price;

16.1.3 Less than 5 Business Days before the Services are due to start – no more than 60% of the Contract Price; and

16.1.4 Within 24 hours that the Services are due to start – Contract Price.

16.1.5 Where payment has already been made for the services, KML will refund any amount paid by You (subject to any deductions for cancellation or postponement charges as set out in Clauses 16.1.1 to 16.1.4).

16.2 KML may terminate this Agreement by giving You one (1) months’ notice in writing. Where KML terminate this Agreement, KML will refund to You any charges paid in advance (subject to any deductions for services already received up until termination).

16.3 If You wish to terminate Your storage services after they have commenced, You must give KML at least ten (10) Business Days’ notice in writing. If KML can release Your Property from storage earlier, KML will do so, provided that Your account is paid up to date. Charges for storage are payable to the date when the notice of termination takes effect.

18.1 This Agreement is governed by English law and You can bring legal proceedings in the event of any dispute concerning this Agreement in the English courts.

18.2 If there is a dispute arising from this Agreement which cannot be resolved informally between KML, subject to the Agreement of both parties, either You or KML may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice Your right to commence legal proceedings in court.

19.1 KML review KML’s storage charges periodically. You will be given twenty-eight (28) days’ notice in writing of any increases.

19.2 KML may update this Agreement (including any Addendum) from time to time to reflect changes in law, or to meet regulatory requirements. KML may also make other changes to this Agreement and where these are more substantive, KML will give You at least twenty eight (28) days written notice before any substantive changes take effect.

19.3 Where such notice is given under Clause 19.1, You also have the right to cancel this Agreement within the 28 day notice period provided services have not started and Clause 16.1 (Charges if You postpone or cancel) will not apply.

20.1 KML reserve the right to use sub-contractors to carry out the services (in whole or in part). This Agreement will apply to any services carried out by KML’s sub-contractors.

20.2 Even if KML delay in enforcing this Agreement, KML can still enforce it later. If KML do not insist immediately that You do anything You are required to do under this Agreement, or if KML delay in taking steps against You in respect of Your breaching this Agreement, that will not mean that You do not have to do those things and it will not prevent KML taking steps against You at a later date.

20.3 If a court or relevant authority finds any part of this Agreement invalid, illegal or unenforceable: the rest will continue in force; each of the Clauses or part-Clauses in these Terms and Conditions operates separately; and the remaining Clauses and part-Clauses will remain in full force and effect.

20.4 This Agreement is between You and KML. No other person shall have any rights under this Agreement or have the ability to enforce any of its terms.

21.1 If KML agree the services by means of distance communication (e.g. over the telephone or online) or away from KML’s premises (e.g. Your house or business address), You have the right to cancel the contract within 14 days without having to give any reason for doing so (the “cooling-off” period). However, if You request for the services to be carried out during the cooling-off period, You will have no right to cancel where the services have commenced.

21.2 If You cancel the services during the cooling-off period, and the services have started, You must pay the Contract Price.

21.3 Exercising Your right to change mind: You can cancel this Agreement during the cooling-off period by making any clear statement to KML that You wish to cancel by writing to KML at [email protected] (mailto:[email protected]).

21.4 Refunds on cancellation: KML will make any refund due to You for exercising Your right to cancel during the cooling-off period (subject to any deductions due to KML in accordance with Clauses 16.1 and 21.2) within 14 days from the day after You notify KML that You wish to cancel. KML will make any refund using the same method of payment You used to pay KML.

Please take the time to read the detailed terms in the table below. In particular, KML draw Your attention to ‘Exclusions – what StoreProtect does not provide for’ as this includes terms where KML limit or exclude KML’s liability to You in certain circumstances.

Note: “StoreProtect” means an agreement to accept an enhanced liability for Loss or Damage to Your Property as described in this Addendum. StoreProtect is not a contract of insurance. KML are not an insurance company, nor are KML acting as Your Agent. KML shall not arrange insurance in Your name. KML assume the risk of liability ourselves, but KML may at KML’s option arrange insurance ourselves which provides cover for KML’s liability to You in certain circumstances.

StoreProtect may not be available in certain circumstances, and KML reserve the right to decline at KML’s sole discretion where You have indicated that You wish to opt for StoreProtect.