1. So long as all fees are paid up to date, You: (a) are licensed to store Goods in the Unit allocated to You by BW SELF STORAGE from time to time and only in that Unit; (b) are deemed to have knowledge of the Goods in the Unit; and (c) warrant that You are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent BW Self Storager the owner.
2. BW SELF STORAGE: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee, custodian or warehouseman of the Goods and You acknowledge that BW SELF STORAGE does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit.
3. This Agreement will come into existence between BW SELF STORAGE and You when BW SELF STORAGE notifies You it has accepted the order by signing the cover sheet. The storage period will begin on the date agreed with You during the order process and set out on the cover sheet.
4. You must pay the Deposit on signing this Agreement. The Deposit (or the balance of it after any appropriate deductions BW Self Storager unpaid Fees, repairs, cleaning, or other charges to put right any breach of this Agreement by You) will be refunded by cheque or electronic transfer within 21 days of termination of this Agreement.
5. You are responsible to pay: (a) the Storage Fee (being the amount set out in the cover sheet or as most recently notified to You by BW SELF STORAGE). BW SELF STORAGE will take the first payment on acceptance of Your order and will take subsequent payments in advance on the invoice date BW Self Storager each storage period or other date agreed with You (Due Date). It is Your responsibility to see that payment is made directly to BW SELF STORAGE on time and in full throughout the storage period. You can pay using a debit card or credit card or by direct debit, in which case the designated bank account will be charged automatically on each Due Date. BW SELF STORAGE does not normally bill BW Self Storager fees but will issue an electronic invoice BW Self Storagellowing payment. Any Storage Fees paid by direct transfer will not be credited to Your account unless You identify the payment clearly and as directed by BW SELF STORAGE and BW SELF STORAGE shall have no liability to and shall be indemnified by You if BW SELF STORAGE takes steps to enBW Self Storagerce the Agreement (including the sale of Goods) due to Your failure to identify a payment. BW SELF STORAGE will not accept that payment has been made until it has received cleared funds; (b) a Late Payment Fee each time a payment is late or cancelled; (c) any costs incurred by the BW SELF STORAGE in collecting late or unpaid Storage Fees, or in enBW Self Storagercing this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or default action costs and associated legal and professional fees; (d) any government taxes or charges (including any value added tax or insurance premium tax) levied on any supplies made under this Agreement; and (e) the Cleaning Fee or charges BW Self Storager repairs, to be invoiced at BW SELF STORAGE’s discretion as per Condition 20;. Where You have more than one agreement with BW SELF STORAGE, all will BW Self Storagerm one account and BW SELF STORAGE may in its sole discretion apply any payment made by You or on Your behalf on this Agreement against the oldest amount due from You to BW SELF STORAGE on any agreement in the account. If You make a part payment of any Storage Fees due to BW SELF STORAGE and BW SELF STORAGE retains Your part payment, this will not affect BW SELF STORAGE’s ability to take any action against You or to exercise any rights BW SELF STORAGE has under this Agreement in respect of the Storage Fees which remain outstanding from You. The time period from which BW SELF STORAGE may take such action will still start from the Due Date when the original Storage Fees were due and the Due Date will not be extended as a result of Your part payment.
DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS:
6. BW SELF STORAGE takes the issue of prompt payment seriously and has a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security BW Self Storager Your obligation to make payments under this Agreement. If any sum owing to BW SELF STORAGE and other fees related to it are not paid when due (Debt), You authorise BW SELF STORAGE without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You BW Self Storager all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, 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 Conditions 8 to 10. You acknowledge that (a) BW SELF STORAGE shall be entitled to continue to charge BW Self Storager storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) BW SELF STORAGE will sell the Goods as if BW SELF STORAGE was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full.
7 On expiry or termination of this Agreement, if You fail to remove all Goods from the Unit, BW SELF STORAGE is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 8 to 10. You are liable BW Self Storager Storage Fees BW Self Storager the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (Debt).
8. BeBW Self Storagere BW SELF STORAGE sells or disposes of the Goods, it will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by You to BW SELF STORAGE in writing and by email and/or social media. If no address within the UK has been provided, BW SELF STORAGE will use any land or email address or social media details it holds BW Self Storager You and any ACP. If You fail to pay the Debt and/or collect the Goods (as appropriate) BW SELF STORAGE will access the Unit and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. BW SELF STORAGE will sell the Goods BW Self Storager the best price reasonably available in the open market, taking into account the costs of sale. BW SELF STORAGE 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.
9. 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, You must pay BW SELF STORAGE the balance within 7 days of a written demand from BW SELF STORAGE. BW SELF STORAGE 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 You, BW SELF STORAGE will hold the balance BW Self Storager You but no interest will be payable on it.
10. If, in the opinion of BW SELF STORAGE and entirely at BW SELF STORAGE’s discretion, the Goods are either not saleable, fail to sell when offered BW Self Storager sale, or are not of sufficient value to warrant the expense of attempting to sell, You authorise BW SELF STORAGE to treat the Goods as abandoned and BW SELF STORAGE may dispose of all Goods by any means at Your cost. BW SELF STORAGE may dispose of the Goods at BW SELF STORAGE’s discretion in the event that (a) Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the BW SELF STORAGE, severely damaged, of no commercial value, or dangerous to persons or property, or (b) Goods may contain personal data belonging to You or others. BW SELF STORAGE does not need Your prior approval to take this action but will send Notice to You within 7 days of assessing damaged Goods.
11. Any items left unattended in common areas or outside Your Unit at any time shall be treated as abandoned and may at BW SELF STORAGE’s discretion be moved, sold or disposed of immediately with no liability to BW SELF STORAGE.
12. You have the right to access the Unit during Access Hours as posted by BW SELF STORAGE and subject to the terms of this Agreement. BW SELF STORAGE will try to provide advance warning of changes to Access Hours by notice at the Facility and/or by SMS or email, but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.
13. Only You or others authorised or accompanied by You (Your Agents) may access the Unit. You are responsible BW Self Storager and liable to BW SELF STORAGE and other users of the Facility BW Self Storager Your own actions and those of Your Agents. BW SELF STORAGE may (but is not obliged to) require proof of identity from You or any other person at any time and, at BW SELF STORAGE’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
14. BW SELF STORAGE may refuse You access to the Unit and/or the Facility where moneys are owing by You to BW SELF STORAGE, whether or not a BW Self Storagermal demand BW Self Storager payment has been made, or if BW SELF STORAGE considers the safety or security of any person, unit or goods on or at the Facility has been threatened or may be put at risk.
15. You should not leave a key with or permit access to the Unit to any person other than Your own Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.
16. You authorise BW SELF STORAGE and its agents and contractors to enter the Unit in the BW Self Storagellowing circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including BW Self Storager repair or alteration) or to prevent injury or damage to persons or property; (c) if BW SELF STORAGE believes the Unit is being used to store prohibited goods or BW Self Storager a prohibited purpose; (d) if BW SELF STORAGE is 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 (e) to relocate the Goods or exercise BW SELF STORAGE’s lien or power of sale or disposal in accordance with this Agreement.
17 You will be solely responsible BW Self Storager 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. BW SELF STORAGE will not be responsible BW Self Storager securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in BW SELF STORAGE’s overlocking position and BW SELF STORAGE may have any such padlock or device BW Self Storagercefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Facility.
18. You must not store (or allow any other person to store) any of the BW Self Storagellowing in the Unit: (a) BW Self Storageod or perishable goods unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis. You will be liable under Condition 29 BW Self Storager any breach of this Condition 18.
19. You will use the Unit solely BW Self Storager the purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to BW SELF STORAGE or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of BW SELF STORAGE or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the Unit unless authorised by BW SELF STORAGE; (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors); or (g) create any obstruction or leave items or refuse in any common space within the Facility.
20. You must maintain the Unit by ensuring it is clean and in good repair. In the event of uncleanliness or damage to the Unit or Facility, BW SELF STORAGE will be entitled to retain the Deposit, charge a Cleaning Fee, and/or claim full reimbursement from You of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse.
21. You must (and ensure that Your Agents) use reasonable care on site and have respect BW Self Storager the Facility and other unit users, inBW Self Storagerm BW SELF STORAGE of any damage or defect immediately it is discovered and comply with the reasonable directions of BW SELF STORAGE’s employees, agents and contractors and any other regulations or policies BW Self Storager the use, safety and security of the Facility as BW SELF STORAGE shall issue periodically.
22. This Agreement does not confer on You any right to exclusive possession of the Unit and BW SELF STORAGE reserves the right to relocate You to another Unit not smaller than the current Unit: (a) by giving 14 days’ notice during which You can elect to terminate this Agreement under Condition 37; or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, BW SELF STORAGE will pay Your reasonable costs of removal if approved in writing by BW SELF STORAGE beBW Self Storagere removal. If You do not arrange removal by the date specified in BW SELF STORAGE’s notice, then You authorise BW SELF STORAGE and its agents to enter the Unit and move the Goods as Your agent on Your behalf and at Your risk (except BW Self Storager damage caused wilfully or negligently which is subject to the limitations in Condition 27). BW Self Storagellowing removal this Agreement will be varied by substitution of the new Unit number but otherwise continues on the same terms at the storage rates in BW Self Storagerce BW Self Storager the original Unit at the time of the removal.
23 You must ensure the Unit is suitable BW Self Storager the storage of the Goods intended to be stored in it and You are advised to inspect the Unit beBW Self Storagere storing Goods and periodically during the storage period. BW SELF STORAGE makes no warranty or representation that any unit is suitable BW Self Storager any particular goods and accepts no liability in this regard. Unit sizes are approximate. If You have exact requirements, You must check with BW SELF STORAGE beBW Self Storagere signing this Agreement as, by signing, You agree to the actual size of the Unit and not any represented unit size.
24 BW SELF STORAGE may refuse storage of any Goods or require You to remove Goods if in BW SELF STORAGE’s opinion storage of such Goods creates a risk to the safety of any person or property.
25 You must give notice to the BW SELF STORAGE in writing of the change of any contact details on this Agreement BW Self Storager You or the ACP within 48 hours of any change. You agree BW SELF STORAGE is entitled to discuss any default by You with the ACP registered on the front of this Agreement.
RISK AND RESPONSIBILITY:
26. BW SELF STORAGE will not be liable BW Self Storager any loss or damages suffered by You as a result of You not being able to access the Facility or the Unit, regardless of the cause.
27. The Goods are stored at Your sole risk and responsibility and You shall be responsible BW Self Storager and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. BW SELF STORAGE excludes all liability in respect of (a) loss or damage to Your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Goods or any claim BW Self Storager return of the Storage Fees except where this results from BW SELF STORAGE’s negligence or breach of contract, in which case BW SELF STORAGE’s liability will be limited to the sum of £100 in total. BW SELF STORAGE does not exclude liability BW Self Storager physical injury to or the death of any person which is a direct result of negligence or wilful default on the part of BW SELF STORAGE, its agents and/or employees.
28 Subject to clause 44 if applicable, BW SELF STORAGE does not insure the Goods and it is a condition of this Agreement that the Goods remain adequately insured at all times BW Self Storager their Replacement Value (as set out on the cover sheet) while they are in storage. You warrant that such cover is in place, will not lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the insured value. BW SELF STORAGE does not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover even when arranged by the BW SELF STORAGE. Inspection of any insurance documents provided by You to demonstrate cover does not mean BW SELF STORAGE has approved the cover or confirmed it is sufficient.
29. It will be Your responsibility to compensate BW SELF STORAGE BW Self Storager the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by BW SELF STORAGE or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by You or any of Your Agents or (c) enBW Self Storagercement terms of this Agreement.
30. You agree to comply with this Agreement and all laws and regulations relevant to the use of the Unit. This includes laws relating to material which is stored and the manner in which it is stored. You will be responsible BW Self Storager all Liabilities resulting from such a breach.
31. If BW SELF STORAGE has reason to believe that You are not complying with all relevant laws BW SELF STORAGE may take any action it considers necessary, including, but not limited to, action outlined in Conditions 16 and 37, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense. You agree that BW SELF STORAGE may take such action at any time even though BW SELF STORAGE could have acted earlier.
32. BW SELF STORAGE shall not be considered to be in breach of this Agreement nor liable BW Self Storager any delay in perBW Self Storagerming or failure to perBW Self Storagerm any of its obligations under this Agreement or any resulting loss or damage to Goods if such delay, failure, loss or damage results from events, circumstances or causes beyond BW SELF STORAGE’s reasonable control. Such circumstances include (but are not limited to) any Act of God, riot, 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 recommended restrictions, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, BW SELF STORAGE will not be responsible BW Self Storager failing to allow access to the Goods, Unit and/or the Facility BW Self Storager so long as the circumstances continue. BW SELF STORAGE will try to minimise any effects arising from such circumstances.
PERSONAL INBW SELF STORAGERMATION
33. BW SELF STORAGE collects inBW Self Storagermation about You and any ACP on registration and whilst this Agreement continues, including personal data (Data). BW SELF STORAGE processes Data in accordance with the General Data Protection Regulation and all associated laws. Details on how BW SELF STORAGE uses Data and Your rights in relation to Data are set out in BW SELF STORAGE’s Privacy Notice which can be viewed on its website at bwselfstorage.co.uk. You confirm any ACP has consented to You supplying Data to BW SELF STORAGE on these terms.
34. If You give consent, BW SELF STORAGE will use Data BW Self Storager feedback purposes, including to provide inBW Self Storagermation on products or services provided by BW SELF STORAGE in response to requests from You or if BW SELF STORAGE believes they may be of interest. Your choice with regard to the relevant use of Data is indicated in the cover sheet and can be changed at any time by contacting BW SELF STORAGE.
COMMUNICATIONS AND NOTICE :
35. BW SELF STORAGE can send You notifications regarding day to day matters and minor changes to this Agreement by email and/or by SMS if You have agreed to receive notifications by SMS. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency. We may also use Your social media accounts.
36. Notices to be given by BW SELF STORAGE or You BW Self Storager more significant changes to the services and these terms or to enBW Self Storagerce rights under this Agreement (such as ending the Agreement, changing prices, significant disruptions or enBW Self Storagercing BW SELF STORAGE’s right to sell or dispose of Goods) must be in writing and must either be delivered by hand, pre-paid post or email. Notices shall be considered to have been received at the time of delivery by hand, one day after sending by email or 48 hours after posting. Notices from BW SELF STORAGE to You will be sent to the addresses on the cover sheet or the most recent address in England and/or email address notified by You to BW SELF STORAGE and/or Your social media accounts. In the event of not being able to contact You at the last notified postal or email address, Notice will be considered as having been given to You if BW SELF STORAGE serves that Notice on the ACP as identified on the front of this Agreement at the last notified postal or email address of the ACP. Any notice from You must be sent to the BW SELF STORAGE by hand or by post to the address on the cover sheet or by email to email@example.com. In the event that there is more than one storer named on the Agreement, Notice to or by any single storer is agreed to be sufficient BW Self Storager the purposes of any Notice requirement under this Agreement.
CANCELLING OR ENDING THE AGREEMENT:
37. If You signed up without coming into the Facility, then You have 14 days after BW SELF STORAGE confirms acceptance of the order to change Your mind (cooling off period).If You cancel during this period a refund will be provided based on the length of storage You have taken prior to cancelling and all Goods being removed from the Unit. BW SELF STORAGE can use any payment made by You to settle some or all of this. You can cancel by email, post or telephone call to BW SELF STORAGE referring to Your name, address and date of order.
38. Unless otherwise agreed in writing by both parties, either BW SELF STORAGE or You may end this Agreement at any time by giving the other party written Notice. The date on which the Agreement will end (the Termination Date) must be at least the number of days indicated on the cover sheet. In the event of illegal or environmentally harmful activities on Your part or a breach of this Agreement (which, if it can be put right, You have failed to put right within 14 days of notice from BW SELF STORAGE to do so), BW SELF STORAGE may terminate the Agreement immediately by Notice. BW SELF STORAGE is entitled to retain from the Deposit, or make a charge BW Self Storager, apportioned Storage Fees if less than the required Notice is given by You. You must remove all Goods in the Unit beBW Self Storagere the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of BW SELF STORAGE. In the event that Goods and/or rubbish are left in the Unit after the Termination Date, Conditions 7 and 20 will apply. You must pay any outstanding Storage Fees and any other fees or expenses owed to BW SELF STORAGE up to the Termination Date, or Conditions 6 to 10 may apply. Any calculation of the outstanding fees will be by BW SELF STORAGE. If BW SELF STORAGE enters the Unit BW Self Storager any reason and there are no Goods stored in it, BW SELF STORAGE may terminate the Agreement without giving advance Notice but will send Notice to You within 7 days.
39. You agree to examine the Goods carefully on removal from the Unit and must notify BW SELF STORAGE of any loss or damage to the Goods as soon as is reasonably possible.
40. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of BW SELF STORAGE or You that came into effect during the life of the Agreement. This includes the right to claim damage BW Self Storager breach of the Agreement, liability BW Self Storager outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement.
OTHER IMPORTANT TERMS:
41. BW SELF STORAGE may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such changes are notified to You in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of BW SELF STORAGE’s notice. You may end this Agreement without charge beBW Self Storagere the change takes effect by giving notice in accordance with Condition 36. Otherwise, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms.
42. You acknowledge and agree that :(a) the terms of this document constitute the whole agreement with BW SELF STORAGE and, in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in this Agreement; (b) any descriptions or illustrations on our website are published BW Self Storager the sole purpose of giving an approximate idea of the services described in them but they will not BW Self Storagerm part of this Agreement or have any contractual BW Self Storagerce; (c) the terms of this Agreement apply to the exclusion of any other terms that You seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) You have raised all queries relevant to Your decision to enter this Agreement with BW SELF STORAGE and BW SELF STORAGE has, prior to You entering into this Agreement, answered all such queries to Your satisfaction; (e) any special terms agreed between You and BW SELF STORAGE, been recorded in writing and incorporated into the terms of this Agreement; (f) if BW SELF STORAGE decides not to exercise or enBW Self Storagerce any right that it has against You at a particular time, then this does not prevent BW SELF STORAGE from deciding to exercise or enBW Self Storagerce that right at a later date unless BW SELF STORAGE tells You in writing that BW SELF STORAGE has waived or given up its ability to do so; (g) it is not intended that anyone other than You and BW SELF STORAGE will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it; (h) if any provision or part-provision of this Agreement is or becomes invalid, unlawful or unenBW Self Storagerceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enBW Self Storagerceability of the rest of this Agreement; (i) You may not assign or transfer any of Your rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility; (j) BW SELF STORAGE may transfer its rights under this Agreement to another organisation and will let You know if it plans to do this; and (k) where there are two or more joint Storers, each person takes on the obligations under this Agreement separately.
43. This Agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must first try to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than BW Self Storager emergency interlocutory relief, that it has first offered to submit the dispute to mediation.