Terms of Business
Car Safe Scotland Ltd: Terms of Business
Section 1: The Company
1. “CAR SAFE SCOTLAND” is a trading name of “CAR SAFE SCOTLAND LTD” (The Company) with regard to its Specialist Classic car, Luxury vehicle, Supercar and Motorbike Storage operation. These Terms and Conditions will apply as The Company’s "Terms of Business" with regard to all services supplied.
2. Within these Terms of Business, The words “We” “Us” “Our” “The Company” will refer to Car Safe Scotland Ltd, “Car Safe Scotland”. The words “You” “Your” “Yours” etc. will refer to the contractee, our client.
3.Our Terms of Business may be revised and edited on occasion. We will take reasonable steps to notify you of any changes however it is your responsibility to check for the current version. Procedural stipulations may be deviated from at our discretion.
Section 2: The Storage Agreement / Contract Termination
APPLICATION:
1. By applying to store your vehicle with us you are applying to reserve space within our facility. By means of the completion of a storage agreement (contract) and once accepted, the space will be deemed as reserved for you. There is a Minimum Reservation Period (MRP) of 1 week. Following the initial MRP, additional periods of a minimum 1 week will be reserved accordingly. (For “Contract Termination” please refer to Section 2.9)
2. You can apply to place a vehicle with us by completing the online booking form. All sections of the storage agreement must be completed with the declaration signed by you, the client.
3. We reserve the right not to enter into any storage agreement with any individual or with regard to any vehicle, without reason.
4. Documentary evidence with regard to the Identification of the Client must be provided prior to the completion of a storage agreement. Identification of the client will be collected during the application process via our booking and payment system using Stipe (refer to Sections 3 and 4).
5. All costs relating to your particular choice of storage option are to be found within our website under “See Prices” on the homepage.
6. In addition to the MRP, storage options can be added to or removed from your initial proposal at any time during your storage agreement. You can add or remove options, these will be recorded as alterations to the storage agreement and implemented within 2 working days of receipt of the request. A maximum of 3 alterations can be instructed within any 8 week period without charge. Further alterations will result in an administration fee.
7. By entering into a storage agreement with Car Safe Scotland, you wilfully accept all of our terms and conditions here within, in every regard and agree to pay all fees as specified as per our terms under Section 8.
8. The terms of the Storage agreement / contract will be governed by Scottish Law.
CONTRACT TERMINATION:
9. Should you wish to end your storage agreement you must issue a notice of termination via writing.This may be in the form of a letter or email. We require that you give a minimum of 5 full working days notice.
10. Should we receive notice within the initial MRP no refund of pre-paid storage will be given.
11. Following the initial MRP should a storage reservation need to be cancelled or a vehicle withdrawn from storage, a full refund of the pre-paid storage will be due. This will be calculated “by the day” as applicable. Refunds will be completed by BACS to an account of your instruction within 14 days of the end of the storage period.
12. Re-entry is not guaranteed. Once notice has been received and actioned, a full re-application process must be repeated for approval for your vehicle to re-enter the facility.
13. Once notice has been received, and provided that you have paid all sums due to us, removal of your vehicle(s) may only take place via appointment, and during normal working hours of 9am to 5pm Monday - Friday or otherwise by agreement with us. Out of hours/weekend/bank holiday collections incur an additional removal fee.
14. Your vehicle must be collected and removed from the facility immediately prior to the end of the storage period agreement. For our Vehicle Release procedure, please see Section 10.
Section 3: Client Personal Identification
1. You accept and agree to the collection and use of your personal data in accordance with our “Personal Data & Security” policy (Section 5).
2. You must provide documentary proof of your personal identity which we will hold on your personal file. A photo ID must be provided for our record and this will be provided via our website booking system, Stripe. You personally guarantee that all information provided by you is true, accurate and correct.
3. All contracts will be with persons of minimum 18 years of age.
4. You accept and agree that it is your responsibility to keep your contact details up to date and to notify us of any changes to your address or contact information.
Section 4: The Vehicle
1. You agree that you must provide us with documentary proof that you have either, ownership or legal charge over the vehicle that you propose to place with us. This may be via V5C or other registration document. Court order etc. All information will be provided by the client for our record. This can be in the form of a photocopy or emailed document.
2. You may not place a stolen or illegally possessed or repossessed vehicle with us. Any such attempt will be reported to the police.
3. You agree that you will, prior to our completion of any storage agreement, notify us in detail of any special issues, conditions, requirements or precautions that may be particular to your vehicle type.
4. The vehicle will be presented for inspection prior to acceptance for entry to storage in a condition that presents no likelihood of risk of damage or injury, to either our staff, subcontractors or other vehicles within the facility or the facility itself.
5. The vehicle must be rid of any dangerous articles and clear of litter.
6. All personal items should be removed from the vehicle. No responsibility will be held for any items remaining.
7. Fuel tank contents are advised to be maintained to a level that will allow periodic or sporadic movement of the vehicle whilst stored in our facility for the duration of the agreement. It is advised that if a vehicle is expected to be stored for a prolonged period, that you ensure the car has as full a tank of fuel as possible. This is in order to keep the water levels (with condensation) to a minimum, and hereafter remove potential risk around contamination of the fuel.
8. It is advised that you provide your own battery charger in line with the make and model of your vehicle(s) for the most reliable and efficient outcome. We can, if required, provide chargers at client request and charge a subsequent fee (see options on website). In instances where we provide the charger, you agree and accept that the charger will be a universal model. We will not accept responsibility for any issues or faults resulting from use.
9. You accept and agree that if no instruction for battery care is requested, we will not be liable for battery deterioration as a result. Refer to additional services on our website for batter care options.
10. You agree to indemnify Care Safe Scotland against any loss or damage resulting from any breach of the above.
Section 5: Personal Data & Security
1. We will only use your personal data for internal purposes in order to fulfil our obligations under our contracted terms. The “Data Protection Act 1998” and the General Data Protection Regulations 2018 (GDPR) define our responsibilities with regard to the security of your “personal data” which we respect with utmost importance.
2. We will not share your personal data with third parties.
3. Only if we are required by law, will your information may be disclosed to police or other UK government agencies.
4. You accept and agree that you will provide us with all updates to personal information and contact details and ensure that such information is accurate and current.
5. We reserve the right (unless specifically requested in writing) to hold your general contact details on our files for a period of no more than 24months after receipt of contract termination (Section 2.9) These will be used only to inform you of any company information or updates which we consider may be of interest.
6. All Client financial details will be erased from our files immediately following settlement of all and any outstanding amounts due post contract termination receipt.
Section 6: Contact
1. We reserve the right to contact you by all means available, however your chosen preferred method will always be used as our default.
2. We will notify you, where appropriate, regarding any alterations or improvements regarding delivery of our services and / or terms. If you have specifically opted “out” then we may provide you, from time to time, with information that we believe may be of interest to you.
Section 7: Marketing and Publicity
You acknowledge that Car Safe Scotland use a variety of media outlets to advertise; such as our online website and through social media (Facebook/Instagram). You give your consent for such uses. Where images of storage areas and/or stored Vehicles are used in our marketing, we will aim to prevent identification of the vehicle/owner.
Section 7: Marketing and Publicity
You acknowledge that Car Safe Scotland use a variety of media outlets to advertise; such as our online website and through social media (Facebook/Instagram). You give your consent for such uses. Where images of storage areas and/or stored Vehicles are used in our marketing, we will aim to prevent identification of the vehicle/owner.
Section 8: Payment
1. All services will be charged in accordance with our Schedule of Charges or Standard Tariff. (Available on our website homepage under “See Prices”)
2. Cost agreements for Multicar, Trade clients etc. may apply. If so, these terms will be agreed and confirmed in writing by Car Safe Scotland.
3. The price quoted for storage of Vehicles and the Services is exclusive of Value Added Tax (VAT). VAT will be added to our invoices at the appropriate rate.
4. Storage charges do not include the cost of placement of a vehicle into or from our storage facility. There is an entry and exit fee of £40 for inspection and manoeuvring of the vehicle to its allocated secure space, and for the manoeuvring of the vehicle to the collection space for retrieval.
5. Payment shall be pending until cleared by our Stripe payment system.
3. The price quoted for storage of Vehicles and the Services is exclusive of Value Added Tax (VAT). VAT will be added to our invoices at the appropriate rate.
4. Storage charges do not include the cost of placement of a vehicle into or from our storage facility. There is an entry and exit fee of £40 for inspection and manoeuvring of the vehicle to its allocated secure space, and for the manoeuvring of the vehicle to the collection space for retrieval.
5. Payment shall be pending until cleared by our Stripe payment system.
6. We may make adjustments to our Schedule of Charges from time to time. We notify you in writing. You agree to pay on time.
7. The MRP (Section 2.1) of a vehicle is 1 week, and is subject to an upfront, non-refundable, payment of 1 weeks storage charges. Any extensions of the agreed initial (or subsequent) storage period will be on the same conditions as these, subject to any adjustment of charges or notice of a change to these Terms of Business.
8. The minimum charge will be for the MRP (Section 2.1) which must reach our account prior to any and all vehicles being received at our site, and only after acceptance of your application and completion of your storage agreement.
9. Following the initial MRP Storage charge, further ongoing payments for all of your storage service fees, inclusive of any chosen options, will be invoiced on a monthly basis or otherwise as agreed, in advance, and are payable by automatic retrieval via Stripe using the card provided by the client at the time of booking.
10. If you are late in paying then you agree that we may charge you interest at a rate of 4% above the published Royal Bank of Scotland base rate. Interest shall be calculated on a daily basis from the date on which payment becomes due until, and including, the date on which payment is received by Stripe.
Section: 9: Access
1. We do not offer standard hours of business, we are by appointment only, Monday to Friday 9am-5pm. Out of hours/weekend/bank holiday access can be arranged at additional costs.
2. We only permit visits to our storage sites by appointment. Unauthorised or unexpected visitors may be refused access to the premises.
3. If you visit our premises you agree and accept that you must bring photo ID each time and that
you are bound by our business H&S policies and Data Privacy policies.
4. Our premises and perimeter are covered by digitally recorded CCTV and you accept that footage will be recorded for the preservation of property and protection of our legitimate business interests.
5. You agree and accept that minimum of 5 working days’ notice is required for us to retrieve the Vehicle(s) from storage for temporary use. In certain circumstances, and agreed by The Company, we can retrieve your vehicle at shorter notice and this can be arranged at an additional cost.
6. You agree and accept that a minimum of 5working days’ notice is required to permanently remove the Vehicle(s) from storage, and following a Vehicle Release Request (Section 10).
7. We require that all charges are paid up to date before we will permit the retrieval or removal of Vehicle(s) from storage.
Section 10: Temporary Vehicle Removal
10. If you are late in paying then you agree that we may charge you interest at a rate of 4% above the published Royal Bank of Scotland base rate. Interest shall be calculated on a daily basis from the date on which payment becomes due until, and including, the date on which payment is received by Stripe.
Section: 9: Access
1. We do not offer standard hours of business, we are by appointment only, Monday to Friday 9am-5pm. Out of hours/weekend/bank holiday access can be arranged at additional costs.
2. We only permit visits to our storage sites by appointment. Unauthorised or unexpected visitors may be refused access to the premises.
3. If you visit our premises you agree and accept that you must bring photo ID each time and that
you are bound by our business H&S policies and Data Privacy policies.
4. Our premises and perimeter are covered by digitally recorded CCTV and you accept that footage will be recorded for the preservation of property and protection of our legitimate business interests.
5. You agree and accept that minimum of 5 working days’ notice is required for us to retrieve the Vehicle(s) from storage for temporary use. In certain circumstances, and agreed by The Company, we can retrieve your vehicle at shorter notice and this can be arranged at an additional cost.
6. You agree and accept that a minimum of 5working days’ notice is required to permanently remove the Vehicle(s) from storage, and following a Vehicle Release Request (Section 10).
7. We require that all charges are paid up to date before we will permit the retrieval or removal of Vehicle(s) from storage.
Section 10: Temporary Vehicle Removal
1. Temporary removal of your vehicle(s) requires 5 working days notice, and a Vehicle Release Request is required in writing. Your space will continue to be reserved until notice of contract termination has been received (Section 2.9). A removal fee is required as per Section 4.4.
2. Notification that your vehicle(s) is “ready for collection” does not guarantee that your vehicle will be either roadworthy, running, start-able or any suitable condition to drive away. It simply means that we will remove it from the storage location to our collection area. Our responsibility will be to keep you informed where able.
3. If you have opted for the “Maintenance” package (see website) we still do not guarantee that your vehicle will be either roadworthy, running, start-able or any suitable condition to drive away, however every effort will be made to maintain the condition and suitability for use, of your vehicle. Our responsibility will be to keep you informed where able.
4. Upon receipt of a Vehicle Release Request for temporary removal, or a notice of contract termination for permanent removal of your vehicle(s), you will be supplied with a Vehicle Release Code (VRC). The vehicle(s) will only be released / handed over to the client or clients agent as authorised to us by you and notified to us in advance, and upon disclosure from the receiver of the VRC. Identification must be presented along with VRC at the time of release. Failure to do so will result in Non release.
5. Upon return to the store the vehicle should be presented in clean condition.
There will be a re-inspection process prior to entry, and a vehicle cleaning/valeting service on site which will be applied at our discretion, or at your request. Fees for this service are detailed on our website under “See Prices” on the homepage.
There will be a re-inspection process prior to entry, and a vehicle cleaning/valeting service on site which will be applied at our discretion, or at your request. Fees for this service are detailed on our website under “See Prices” on the homepage.
Section 11: Termination of contract / Access / Re-location / Outstanding Fees Recovery
- You agree and accept that The Company reserve the right to terminate any storage contract without reason. In such circumstances, a minimum 7 days but normally 28 days notice will be given in writing.
- You agree and accept that responsibility for removal of your vehicle(s) will be entirely with the client. No responsibility for costs, damages or losses whether direct, indirect or consequential will be held by us howsoever resulting. If you fail to remove the vehicle from the custody of The Company by the due time, we reserve the right to dispose of the vehicle.
- In the event that The Company proceeds with the sale of your vehicle, the proceeds of sale shall be used to cover the unpaid debt (including any costs incurred in the sale of the vehicle and costs of enforcement). After all outstanding sums due to The Company have been settled, any surplus proceeds of the sale will be held in trust for you.
- You agree that we can terminate the contract immediately on giving you written notice if:
- you commit any material breach of any of these Terms of Business, especially if you fail to pay the correct sums due, and have not put right that breach within 14 days of our contacting you to let you know about it; or
- you (being a company) pass a resolution for winding-up (otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of the obligations of the relevant party under the contract) or a court makes an order to that effect, or (if you are a partnership) you dissolve the entity, or being an individual you commit any act of bankruptcy or die or if the other party (whether a company or not) stops trading or sells or transfers substantially the whole of its business or becomes or is declared insolvent or commits any act of bankruptcy or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or if a liquidator receiver manager or similar officer is appointed in respect of any of the assets of that other or any analogous step is taken in connection with that other’s insolvency, bankruptcy or dissolution.
5. We reserve the right to enter and move any vehicle by driving or otherwise as we deem necessary or appropriate within the storage facility and within our external grounds.
6. We will not be held liable for costs, damages or losses either direct or consequential. Under such circumstances, you will be notified immediately by your default method.
7. If you fail to pay any outstanding sums due to The Company, we may issue you with a final notice for payment. Failure to settle any outstanding sums within 28 days of receipt of such final notice, will result in the company proceeding as per Section 12.
Section 12: Lien
You accept and agree that Car Safe Scotland Ltd can take possession of the vehicle(s) in the event that you have failed to make payment within 28 days from the date that payment is due. This will result in the following:
1. Car Safe Scotland Ltd may, at our own discretion, remove the vehicle from the secured storage facility and place it at any other location on the premises, whether protected from the elements or otherwise.
Section 12: Lien
You accept and agree that Car Safe Scotland Ltd can take possession of the vehicle(s) in the event that you have failed to make payment within 28 days from the date that payment is due. This will result in the following:
1. Car Safe Scotland Ltd may, at our own discretion, remove the vehicle from the secured storage facility and place it at any other location on the premises, whether protected from the elements or otherwise.
2 We may refuse to grant access to the vehicle until all storage debts and other such sums have been successfully paid in full.
Section 13- Insurance and Liability
1. Full business, public and employers liability insurance is held by Car Safe Scotland Ltd with regard to our daily operation.
2. You accept and agree that your vehicle(s) will be insured to its full value against fire, theft and accidental damage for the duration of its time in our storage facility, and for road use.
3. You accept and agree that you will notify your insurer of your placement of the vehicle(s) with Car Safe Scotland. Documentary evidence of your insurance must be provided prior to completion / acceptance of your storage agreement.
4. The Company does not accept any liability for destruction, damage or loss to the vehicle or any items contained within the vehicle howsoever caused.
5. The Company will not be held liable for any and all losses or damages howsoever caused by any third party either within or outside of our site or within or outside of our control in connection with the placement of your vehicle with us.
6. Under no circumstances will we be liable to you for any loss of profit, income or consequential loss of any kind. Nor shall we accept any responsibility or liability for any malfunction or failure (including but not limited to mechanical and electrical issues) directly or indirectly resulting from the vehicle being in storage or occurring thereafter.
7. Any and all claims made by you against Car Safe Scotland must be raised within 21 days of it coming to you attention, an in writing. You agree that any claims against Car Safe Scotland that are raised outwit the 21 day window shall be deemed waived.
Section 14: Sub-Contracting
You accept and agree that on occasion we may use third party services to conduct some or all of our obligations under your storage agreement; for example additional service options. See website for package options and costs.
Section 14: Sub-Contracting
You accept and agree that on occasion we may use third party services to conduct some or all of our obligations under your storage agreement; for example additional service options. See website for package options and costs.
Section 15: General
Whilst every effort will be made to action all requirements or instructions given or received in relation to your vehicle including any prescribed maintenance on the due day, we reserve the right to be flexible in regard to specific timing or due dates.