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24-7 Keybank, having a place of business at 7A County Place, Perth, PH2 8EE agrees to the provision of storage for your keys and mail on the following Terms and Conditions:-
1. DEFINITION OF TERMS USED IN THIS AGREEMENT
In this agreement, the following words have the following meanings:-
"We", "Us", or "Our" means 24-7 Keybank, a firm having a place of business at 8 County Place, Perth (details of the individual partners of the said firm can be obtained on request from Our business address).
"You", or "Your" means the customer named in Schedule A attached hereto.
"Mail" means any letters up to A4 size.
"Property" means any keys, Mail, packages, parcels or any other items of whatever nature belonging to You and stored by Us on Your behalf.
"Zoned Area" means one of the following:-
Zone A - within a 20 mile radius of 7A County Place, Perth, PH2 8EE;
Zone B - within a 40 mile radius of 7A County Place, Perth, PH2 8EE; and
Zone C - within a 60 mile radium of 7A County Place, Perth, PH2 8EE.
2. SERVICES WE WILL PROVIDE TO YOU IN CONNECTION WITH THE STORAGE OF YOUR KEYS
In exchange for payment of our charges and costs:-
2.1 We will act as a deposit for Your spare or duplicate keys. We will accept all types of keys including Your house keys, car keys and keys for Your business premises. We will also accept spare keys for a property that You own and have rented out to a tenant.
2.2 We will be contactable by telephone at all times of the day or night seven days a week, 365 days a year. The contact telephone numbers will be given to You when you first deposit a key with Us. If the contact telephone numbers change, We will tell You about this in writing.
2.3 If You need access to any key that You have deposited with Us, You can collect them personally from Our office at 7A County Place, Perth, PH2 8EE during working hours which are normal office hours 9.00am to 5.00pm Monday to Friday excluding weekends and public and local holidays. Alternatively, We will bring Your keys to You at a location to be agreed with You that is within Our Zoned Area. We will use reasonable endeavours to bring your keys to you within one to three hours of You calling Us out depending on which Zoned Area you fall within:- within 1 hour if the agreed location falls within Zone A; within 2 hours if the agreed location falls within Zone B; and within 3 hours if the agreed location falls within Zone C. The call out service is available at all times of the day and night, seven days a week 365 days a year.
2.4 The call out service is not available if You need Your keys to be brought to You at a location which is outside the Zoned Area. While We may agree to bring Your keys to You outside the Zoned Area, We are not obliged to do so in terms of This Agreement. It will be entirely at Our discretion if We agree to do so and at costs to be agreed with You.
2.5 We will only release keys to You personally. Where You are the Landlord of property You will require to provide Us with written authority from the Tenant before We will release keys to You. Where You are the Tenant of property You will require to provide Us with written authority from the Landlord before We will release keys to You.
3. OUR CHARGES AND COSTS IN CONNECTION WITH THE STORAGE OF YOUR KEYS
3.1 There will be a non-returnable registration fee of £50.00 exclusive of VAT to register for a two year period payable at the rate of £25.00 per year to deposit a maximum of 2 keys. The first years fee will be due and payable when You sign This Agreement. Subsequent years fees will be due annually on each anniversary of the date when you sign This Agreement. Any further keys may be deposited at a cost of £5.00 per key payable when You deposit any further keys with Us.
3.2 The minimum period of registration will be two years.
3.3 Each call-out charge will be £35.00 exclusive of VAT payable at the location We have agreed to meet You at and will be payable in exchange for delivery of Your key or keys.
3.4 The above call-out charge will apply to call-outs within the Zoned Area.
3.5 Any call-outs outwith the Zoned Area will be accepted entirely at Our discretion and an estimate of costs will be provided for this service.
3.6 We reserve the right to charge You for a failed delivery if any delay is encountered or journey aborted or frustrated because any keys requested for delivery to You cannot be delivered by Us at the appointed time due to Your fault or failure.
3.7 All costs invoiced shall be paid within 14 days of the date of the invoice. An administration fee of £10.00 plus VAT will be charged in respect of any fees or charges which remain unpaid 30 days after payment has been requested. No keys will be returned if any fees or charges remain unpaid.
3.8 We reserve the right to charge interest at Clydesdale Bank base rate plus 5% on fees and costs that are overdue for a period in excess of 30 days.
3.9 In This Agreement time is of the essence as regards all payments.
4. SERVICES WE WILL PROVIDE TO YOU IN CONNECTION WITH THE STORAGE OF YOUR MAIL
In exchange for payment of our charges and costs:-
4.1 We will act as a deposit for Your Mail and will provide a lockable personal mailbox for this purpose. We will only accept letters up to A4 size addressed to You at Our office address.
4.2 You can collect Your mail from Our office at 8 County Place, Perth at any time during working hours which are normal office hours 9.00am to 5.00pm Monday to Friday excluding weekends and public and local holidays.
4.3 While We may agree to accept and store packages or parcels on Your behalf which are addressed to You at Our office address, we are not obliged to do so in terms of This Agreement. It will be entirely at Our discretion if We agree to do so and at costs to be agreed with You.
4.4 We will only release Your Mail to You personally.
5. OUR CHARGES AND COSTS IN CONNECTION WITH THE STORAGE OF YOUR MAIL
5.1 The fee payable to deposit Your Mail with Us will be payable at the rate of £5.00 per week exclusive of VAT payable four weekly in advance, the first payment being due when You sign This Agreement.
5.2 We will agree a fee separately with You where We agree to accept the storage of any other Property on Your behalf.
5.3 All costs invoiced shall be paid within fourteen days of the date of the invoice. An administration fee of £10.00 plus VAT will be charged in respect of any fees or charges which remain unpaid 30 days after payment has been requested. No Property will be delivered to You if any fees or charges remain unpaid.
5.4 We reserve the right to charge interest at Clydesdale Bank base rate plus 5% on fees and costs that are overdue for a period in excess of 30 days.
5.5 In This Agreement time is of the essence as regards all payments.
6. OUR RIGHT TO ALTER OUR CHARGES
We may alter Our fees and charges at any time by giving You written notice and the new fees and charges shall take effect on the first day occurring not less than four weeks after the date of Our notice. If You do not agree with the level of the new fees and charges under This Agreement, You may serve notice on Us to terminate the Agreement in accordance with Condition 11.
7. RESTRICTION ON LIABILITY
7.1 Our entire liability to You in respect of keys stored on Your behalf shall not exceed the total cost of obtaining a replacement key and changing Your locks subject to a maximum value of £400.00.
7.2 Our entire liability to You in respect of Property (excluding keys) stored on Your behalf will be limited to the maximum value of £100.00. We cannot reasonably assess the value to You of the Property being stored beyond this level. In the event that a claim is made by You, You shall provide documentary evidence proving any loss. You may insure Your Property through third party insurers for any amounts including amounts in excess of the above limitation of liability.
7.3 We exclude all liability to You in respect of loss or damage relating to Your home, Your car or Your business, if any, including but not limited to loss of profits, business interruption, loss of goodwill or reputation and loss of future profits or business regardless as to how such loss or damage was caused.
7.4 We exclude all liability to You in respect of loss or damage which does not arise as a direct consequence of any deliberate or negligent act or omission on the part of Us and/or loss or damage which was not reasonably foreseeable at the date of signing of This Agreement regardless as to how such loss or damage was caused.
7.5 We exclude all liability for any Property belonging to You that is stolen from Our premises.
7.6 In this Agreement no exclusion or limitation shall extend to any liability on Our part in respect of any death or personal injury caused by Our negligence.
8. YOUR GENERAL LIABILITY TO US
8.1 You will reimburse Us an amount equal to all claims, demands, liabilities, damages, costs and expenses incurred by Us or by any of Our servants or agents as a result of any improper or unauthorised use by You of Our services or by any of Your servants, agents or invitees or which arise out of Your or their negligence or the breach of This Agreement by You.
8.2 You confirm that, throughout This Agreement, that any Property that You deposit with Us from time to time is Your own Property. If Your confirmation is or becomes untrue, You shall reimburse Us an amount equal to any loss or damage suffered by Us as a result of Your confirmation regarding the true ownership of the Property being or becoming untrue.
9. CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL
Neither We nor You shall have any liability under or be deemed to be in breach of This Agreement for any delay or failure in performance of This Agreement which results from circumstances beyond the reasonable control of either Us or You. Such circumstances include any act of God, riots, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard or entry into premises by or arrest or seizure or confiscation of Your Property by competent authorities.
10. TERMINATION
Either We or You may terminate the agreement at any time:-
10.1 Subject to the terms of Condition 3.1 by giving not less than 14 days written notice to the other and termination will take effect 14 days after the date that such notice is effectively served in terms of Condition 11.12 which shall be the termination date or;
10.2 Immediately by giving written notice to the other if the other party commits a serious breach of any of the terms of this Agreement and (in case of a breach capable of being remedied) shall have failed within 15 days after service of a notice to do so to remedy the breach. The termination date shall be the date the notice is effectively served by one party on the other in accordance with Condition 11.12.
11. GENERAL PROVISIONS
11.1 Any delay by either Us or You in exercising or failing to exercise any of our respective rights under this Agreement will not affect those rights or be a waiver of those rights nor will any partial exercise of any right exclude a further exercise of that right.
11.2 Every provision in this Agreement is severable and is distinct from every other provision and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provisions will not be affected in any way. No provision will be enforced against "a consumer" within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 (as amended or replaced from time to time) beyond the extent to which it would not be "unfair" thereunder.
11.3 We may comply with any Court Order, Warrant or similar Order relating to Your Property held by Us on Your behalf provided that We notify You promptly upon receipt thereof unless such Notice is prohibited by law. You shall pay Our reasonable charges for such compliance.
11.4 Any information You provide to Us shall be held in confidence by Us and shall be used only for the purposes provided in This Agreement, unless such information was previously known to Us free of any obligation to keep it confidential or was known to Us prior to receipt of same from You.
11.5 You shall not at any time store with Us any Property considered to be illegal, highly flammable, explosive, toxic or otherwise dangerous or unsafe to store or handle. You shall not store negotiable instruments, jewellery or other items which have intrinsic market value.
11.6 We shall have a lien on all Property belonging to You for all money due to Us for storage, service fees and other charges or expenses in connection therewith. Nothing herein shall preclude Us from pursuing other remedies authorised by statue or otherwise. All charges for services rendered or to be rendered and storage fees through permanent removal including account closure fees shall be paid by You prior to delivery of Your Property on the termination of This Agreement.
11.7 We intend to rely upon the written terms contained within This Agreement. You should not rely upon any promises, representations or claims made by any of Our employees, agents or contractors which are not also contained within This Agreement. Any changes to This Agreement which are agreed between Us and You must be recorded in writing and it is Our practice to ensure that such documents are signed on Our behalf by an authorised official authorised to sign such documents.
11.8 You may not assign any of your rights under this Agreement to any other person, firm or company. Should you do so or attempt to do so this will be treated as a serious breach of this Agreement.
11.9 You agree that it is not the intent of this Agreement to confer any rights in any third parties by virtue of this Agreement.
11.10 This Agreement shall be governed by Scots Law and You and We both submit to the exclusive jurisdiction of the Scottish Courts.
11.11 Where You are two or more persons Your obligations under this Agreement shall be joint and several obligations.
11.12 Any Notice given under this Agreement must be in writing and may be served by personal delivery to the person notified or its address or by pre-paid post. Your address for service of Notices shall be Your address as detailed in Schedule A annexed and executed as relative hereto or any other address in England, Wales and Scotland which You have notified to Us in writing. Any Notice to Us must be sent to Our address as set out in this Agreement. A Notice will be deemed to have been served at the time of personal delivery or 48 hours after it has been placed in the post.
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