These are the terms on which NCEP Management Services grants container storage licences at Nutts Corner Enterprise Park. By submitting a booking form and confirming your agreement to these terms, you enter into a binding licence on the terms set out below.
The Licensor holds the Site under a lease which expressly permits the grant of sub-licences and whose permitted use includes container storage, and is accordingly entitled to grant this licence.
The Licensor grants the Licensee a personal, non-transferable licence to occupy the shipping container or containers specified in the Licensee's booking form ("the Container") at Nutts Corner Enterprise Park, 50 Moira Road, Nutts Corner, BT29 4JL ("the Site"), for storage of the Licensee's own goods.
This licence is personal to the Licensee. It does not create a tenancy, lease, or any estate or interest in land, and confers no security of tenure. The Licensee may not assign, sub-licence, or share occupation of the Container with any third party.
The Licensor reserves the right to relocate the Container to an alternative position within the Site on giving reasonable notice.
This licence commences on the start date specified in the Licensee's booking form, subject to receipt of the Deposit and first month's fee in cleared funds, and continues on a monthly rolling basis unless a fixed initial term has been agreed.
Either party may terminate this licence by giving not less than 30 days' written notice to the other. Notice by email to the addresses used for this agreement is sufficient.
The Licensor may terminate this licence with immediate effect where the Licensee is in material breach, including non-payment, storage of prohibited items, or conduct endangering the Site or other users.
The monthly licence fee is as confirmed in writing by the Licensor prior to commencement ("the Fee"). The Fee is payable monthly in advance on the first day of each calendar month.
All sums payable under this agreement are subject to VAT at the prevailing rate. The Licensor will issue a VAT invoice for each payment due.
The Licensor may review the Fee on giving not less than 30 days' written notice. Where the Licensee does not accept a revised Fee, the Licensee may terminate on 30 days' notice in the usual way.
Interest may be charged on sums overdue by more than 14 days at 4% above the Bank of England base rate.
4.1 Prior to commencement the Licensee shall pay a refundable security deposit equivalent to one full month's licence fee ("the Deposit"). The licence shall not commence and access shall not be granted until the Deposit is received in cleared funds.
4.2 The Deposit is held as security against: (a) any unpaid licence fee or other sums due; (b) any damage to the Container beyond fair wear and tear; (c) any costs incurred by the Licensor arising from the Licensee's breach of this agreement; and (d) any costs of clearing or disposing of goods left in the Container after termination.
4.3 The Deposit shall be returned to the Licensee within 14 days of the end of the licence, less any lawful deductions, provided the Container has been vacated and left clean and in satisfactory condition and all sums due have been paid in full.
4.4 The Deposit may not be used by the Licensee as payment of the final month's licence fee without the Licensor's prior written consent.
4.5 The Deposit does not bear interest.
The Container shall be used solely for the storage of the Licensee's own goods, as described in the Licensee's booking form. It shall not be used as a workshop, office, trading premises, or for occupation by any person.
The following must not be stored in the Container under any circumstances:
Hazardous, flammable, explosive, toxic, corrosive or radioactive materials; fuels, gas cylinders or compressed gases; firearms, ammunition, weapons or fireworks; controlled drugs or any illegal substance; perishable foodstuffs or anything liable to attract vermin; living creatures of any kind; asbestos or hazardous waste; tyres in commercial quantities; cash, bullion, jewellery, or items of exceptional value without the Licensor's prior written consent; any stolen or unlawfully obtained goods; anything the storage of which would breach any law, insurance requirement, or the Licensor's own lease or planning consent.
Breach of this clause is a material breach entitling the Licensor to terminate immediately, to require removal of the offending items at the Licensee's cost, and to apply the Deposit against any resulting costs.
The Licensee has access to the Container during the Site's designated operating hours as notified from time to time. The Licensor may vary operating hours on reasonable notice.
The Licensor may suspend access without notice in the event of emergency, security incident, or where the licence fee is overdue by more than 14 days.
The Licensor may enter the Container on giving reasonable notice, or without notice in an emergency or where required by law or by the emergency services, for the purposes of inspection, safety, or compliance.
The Licensee is responsible for the conduct of anyone they bring onto the Site and shall comply with all site rules, traffic routes, and health and safety signage.
The Site benefits from on-site security and CCTV monitoring of common areas. These measures are provided for the general protection of the Site and do not constitute a guarantee of the security of the Licensee's goods.
The Licensee is responsible for securing the Container with their own padlock, and for the safekeeping of their keys. The Licensor does not hold keys to the Licensee's padlock.
The Licensee is solely responsible for insuring the goods stored in the Container against all risks, including fire, theft, flood, storm, and accidental damage. The Licensor's insurance does not extend to the Licensee's goods and the Licensee must not assume any cover is in place.
The Licensee shall provide evidence of adequate insurance on the Licensor's reasonable request.
The Licensee accepts the Container in its condition at commencement and shall keep it clean, tidy and free from waste throughout the licence period.
The Licensee shall not make any alteration, addition, attachment, drilling, welding, painting or marking to the Container, nor connect any electrical supply to it, without the Licensor's prior written consent.
Damage beyond fair wear and tear shall be made good at the Licensee's expense and may be deducted from the Deposit.
The Licensee shall notify the Licensor promptly of any damage, defect, leak or security concern affecting the Container.
On termination or expiry the Licensee shall remove all goods and personal property and leave the Container empty, clean and in the condition in which it was received.
Goods remaining in the Container more than 7 days after the termination date shall be deemed abandoned. The Licensor may remove, store, sell or dispose of them, and the Licensee shall be liable for the costs of doing so, which may be deducted from the Deposit or recovered as a debt.
Where the Licensee fails to vacate, the Licensee shall remain liable for the licence fee on a daily pro rata basis until the Container is cleared, together with any costs the Licensor incurs in recovering possession.
The Licensor shall not be liable for any loss of or damage to the Licensee's goods, however arising, including loss by theft, fire, flood, storm, damp, condensation, vermin, or the act or default of any third party, save where such loss results from the Licensor's negligence.
The Licensor shall not be liable for any indirect or consequential loss, loss of profit, loss of business, or business interruption.
Nothing in this agreement limits or excludes the Licensor's liability for death or personal injury caused by negligence, for fraud, or for any other liability which cannot lawfully be limited.
The Licensee indemnifies the Licensor against all claims, costs, damages and losses arising from the Licensee's use of the Container or the Site, or from any breach of this agreement.
The Licensor processes the personal data provided in the booking form for the purposes of administering this licence, invoicing, and site security. Data is held for the duration of the licence and for six years afterwards for accounting and legal purposes, and is not shared with third parties except where required by law or to enforce this agreement.
This agreement, together with the Licensee's submitted booking form and the Licensor's written confirmation of the Fee, constitutes the entire agreement between the parties.
No variation is effective unless agreed in writing. The Licensor's failure to enforce any term is not a waiver of it.
If any provision is found unenforceable, the remaining provisions continue in full force.
This agreement is governed by and construed in accordance with the laws of Northern Ireland. The parties submit to the exclusive jurisdiction of the courts of Northern Ireland.