Terms and Conditions
THE FOLLOWING COMPRISE THE TERMS AND CONDITIONS REFERRED TO IN THE FOREGOING LICENCE TO STORE GOODS
1 - DEFINITIONS
1.1 "Agreement" means the foregoing Licence Agreement between the Licensor and the Licensee.
1.2 'Access Opening Hours” means between the hours 06.00 to 21.00 Monday to Sunday or such other times as the Licensor shall, in its sole discretion, decide.
1.3 “Goods” means anything stored in the Unit at any time during the Licence Period.
1.4 “the Licence Period” means the period from the Commencement Date to the Termination Date or the date upon which the Agreement is otherwise determined in terms of Clause 9 hereof. Expressions defined or given meanings in the Agreement shall have those meanings where used in these Terms and Conditions.
2 - ACCESS AND USER
2.1 Throughout the Licence Period the Unit is, during Access Opening Hours only, available to the Licensee for the storage of Goods.
2.2 Only the Licensee and persons authorised in writing or accompanied by the Licensee will be allowed to have access to the Unit. The Licensee is responsible for all actions of their agent(s). The Licensor may refuse access to the Licensee or their agent(s) at any time if the Licensor considers that the safety of any person on the Site or the security of the Unit, its contents or other units or their contents will be put at risk and/or if there any criminal or illegal activity being carried on from within the Unit.
2.3 The Licensee permits the Licensor and its agent(s) and/or contractors to enter the Unit and if necessary break the lock to gain entry if the Licensor gives the Licensee seven days notice (except in the case of emergency when no notice would be needed) that it intends to inspect the Unit or carry out repairs, maintenance, alterations of the Unit or the replacement of it or any other units or any part of the Site.No notice will be required to be given by the Licensor to the Licensee:a) if the Licensor reasonably believes that the Unit contains Goodsdescribed in Conditions 2.4 or 2.5;b) such entry is incidental to the powers reserved by Condition 10.2 and/or2.12 and/or 3.4 hereof;c) entry is needed to prevent injury or damage to persons or property;d) if the Licensor is required to do so by the police, fire services, localauthority or by Court Order.
2.4 The Licensee shall not store any Goods in the Unit that, in the opinion of the Licensor, put at risk the safety of any person on the Site, the security of the Unit or its contents, or other units or their contents.
2.5 The Licensee must not store any livestock, perishable, dangerous, highly inflammable, volatile, toxic, noxious, illegal goods or any other goods not approved by the Licensor.
2.6 Smoking is strictly prohibited in the Unit and the Site.
2.7 The Licensee shall ensure that any action taken does not cause nuisance, inconvenience or annoyance to the Licensor, other customers of the Licensor or any other person authorised by the Licensor and/or any neighbouring or adjoining owners or occupiers within the neighbourhood of the Site. The Licensee shall be responsible for any damage to the property of the Licensor and/or any other person or for any injury to persons occasioned from the actions of the Licensee.
2.8 The Licensee shall not part with possession, share occupation, sell, assign, mortgage or let the Unit (or any part thereof).
2.9 The Licensee is responsible for removal of all rubbish resulting from activities on the Site and must maintain the area around the Unit in good order and repair. Failure to do so may result in a charge for cleaning or removal of rubbish.
2.10 The Licensee shall not carry out any activity on the Site or in the Unit safe and except for the purpose of storage of the Goods. The Licensee shall not carry on any business or trade from the Unit.
2.11 The Licensee will comply with operational conditions of the Site as may be imposed by the Licensor from time to time.
2.12 The Licensor will provide the Licensee with a padlock and keys for the Unit on the Commencement Date. The Licensee must return the padlock and keys to the Licensor at the Termination Date. Failure to do so will result in forfeiture of the Deposit. If the said padlock and keys are damaged or destroyed the Licensee must pay to the Licensor the cost of the Licensor providing a replacement. Installation of any other padlock or lock of any kind (other than those provided by the Licensor) is expressly prohibited and the Licensor will remove any such alternative padlock or lock at the Licensee's expense.
2.13 The Licensor may (at its sole discretion reallocate the Unit subject to the Agreement to such other unit on the Site as the Licensor may determine and in such eventuality at the request of the Licensor its agents or employees, the Licensee shall be obliged to remove any Goods in the Unit to such other unit so designated by the Licensor, and if the Licensee fails so to do within 7 days of notice to that effect, the Licensor its agents or servants may remove the Goods as agents for the Licensee and transfer the same to such other unit and recharge the Licensee for the cost of so doing.
3 - RENTAL AND PAYMENT TERMS AND DEPOSIT TERMS
3.1 The Licence Period shall be a minimum period of one month. The terms of payment of the Licence Fee are one calendar month in advance.
3.2 In the event that any payment by the Licensee to the Licensor is due and outstanding for more than 14 days the Licensor shall be entitled to prevent the Licensee from having access to the Goods in the Unit until such time that all outstanding payments are paid by the Licensee. The Licence Fee shall continue to apply during such time that the Goods are stored in the Unit pending receipt of the outstanding payment from the Licensee. The Licensor may, at its own discretion, exercise a lien or security on the Goods. If, after written demand, the Licensee still fails to settle the total sums due to the Licensor, the Licensor may, as agents of the Licensee, enter the Unit, remove the Goods and sell the Goods and be entitled to retain all proceeds of sale towards settlement of the sums due and payment of any costs incurred in taking such action. The Licensee hereby indemnifies the Licensor against any liability incurred by it to a third party whose property shall have been sold by the Licensor in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such property belongs to the Licensee.
3.3 The Licensee must pay the Deposit to the Licensor a deposit as security against the failure by the Licensee to comply with the terms of the Agreement on or prior to the Commencement Date. Subject to payment of all sums due to the Licensor under the Agreement and compliance by the Licensee with all stipulations included in the Agreement the Licensor will refund the deposit without interest to the Licensee at the address of the License as stated in the Agreement (unless otherwise advised) within 14 days of the Termination Date. Any sums due to the Licensor under the Agreement including without limitation, the costs of any repair and/or cleaning of the Unit as a result of the Licensee’s use of the same shall be deducted from the deposit.
3.4 The Licensor reserves the right to request an additional monetary deposit as security against the satisfactory performance of the obligations of the Licensee under the Agreement. The Licensor will refund the Deposit (and any such deposit) without interest within 14 days of the Termination Date. Any sums due to the Licensor including, without limitation, the costs of any repair and/or cleaning of the Unit as a result of the Licensee’s use of the same shall be deducted from the Deposit (and any such additional deposit).
3.5 The Licensee shall, on demand by the Licensor, pay to the Licensor interest on sums not paid on their due dates under this Agreement from the due date up to the date of actual payment at the rate of 4% above the base rate from time to time of Bank of Scotland plc.
4 - LOADING AND UNLOADING
4.1 The Licensee is responsible for the loading and unloading of the Unit and shall be obliged to do so in a responsible and safe manner within the Site.
5 - MAIN SERVICES
5.1 Main services are not connected to the Unit and the Licensee shall be prohibited from arranging temporary or permanent connection of main services to the Unit under any circumstances.
6 - MAINTENANCE, CARE AND ALTERATIONS
6.1 The Licensee shall be responsible for maintaining the Unit to the standard as at the Commencement Date (or following repair or improvement), for using the Unit in a reasonable manner and returning the Unit on the Termination Date in a good condition (fair wear and tear excepted). The Licensee is responsible for all loss or damage to the Unit caused by actions or negligence of the Licensee and the Licensee’s agents, employees and/or invitees and/or others for whom they are responsible in law.
6.2 The Unit must not be altered or modified by the Licensee in any way.
7 - REPAIRS
7.1 The Licensee shall not attempt to repair the Unit and shall inform the Licensor immediately of any loss, damage or repairs needed to the Unit. The Licensor will deal with repairs as soon as reasonably practicable (subject to the Licensee paying for the repair costs where the same is the responsibility of the Licensee in terms of this Agreement) or, at the discretion of the Licensor and subject to availability, to offer an alternative unit within the Site. The Licensor may also suspend further use by the Licensee of the Unit in need of repair until such repairs may be carried out. The need for repairs may be a fair basis for cancellation of this Agreement however it will not be a basis of a claim against the Licensor for costs arising from the non-availability of an alternative unit.
8 - WARRANTIES
8.1 No warranties or conditions other than specifically set forth shall be implied or deemed incorporated in or form part of the Agreement. The Licensee admits that no representations have been made to it by or on behalf of the Licensor which may have induced it to enter into this Agreement.
8.2 The Licensor accepts no responsibility for any loss or damage to the Unit or its contents due to, or arising from, any cause which includes, without limitation, damage or loss due to condensation, damp, flood, fire, weather or other external conditions.
8.3 The Licensor shall not be responsible for any damage or loss whatsoever in relation to the Licensee, the Licensee’s agents, employees invitees or the Goods. The Licensee shall be solely responsible for their safety and that of their agents, employees and/or invitees and of the security of the Unit and the Goods and any other contents.
9 - TERMINATION
9.1 The Agreement can be terminated by either party upon giving to the other not less than 3014 days written notice at any time after the expiry of the first month of the Licence Period in accordance with the terms of the foregoing Agreement.
9.2 The Licensor shall be entitled to terminate the Agreement at any time on notice forthwith should:(a) The Licensee fails to comply with any of the conditions herein or the Agreement;(b) The Licensee becomes insolvent or is committed for any act of bankruptcy or levy against the Licensee of any distress or execution or, in the case of a limited company, goes into liquidation or administration or receivership;(c) The Licensee makes a general or special arrangement or composition with creditors;(d) The Licensee puts into jeopardy or prejudices in any way the Licensor’sinterest in the Unit and/or the Site through any act or omission on its part.
10 - FOLLOWING TERMINATION
10.1 At the Termination Date the Licensee shall return the Unit to The Licensor empty and in good condition (except for fair wear and tear). The Licensee shall be responsible for any costs incurred by the Licensor in removing and disposing of the Goods left behind by the Licensee and restoring the Unit to good condition including, without limitation, cleaning, removal of rubbish and making good any damage caused including by break-in or attempted break-in.
10.2 If, after the Termination Date, Goods remain in the Unit and the Licensee fails to remove them within 7 days after being requested in writing by the Licensor to do so:a) The Licensor may as agent of the Licensee sell the Goods and theLicensee will indemnify the Licensor against any liability incurred by itto any third party whose property shall have been sold by the Licensor inthe mistaken belief held in good faith (which shall be presumed unlessthe contrary be proved) that such property belonged to the Licensee.b) The Licensor shall be entitled to retain all proceeds of sale in settlementof any costs and/or charges due from the Licensee to the Licensor or, ifthe Licensor having made reasonable efforts, is unable to locate theLicensee, the Licensor shall be entitled to retain such proceeds of saleabsolutelyc) The Licensee shall indemnify the Licensor against any damageoccasioned to the Unit and any actions claims proceedings costsexpenses and demand made against the Licensor caused by or related tothe presence of the Goods in the Unit.
10.3 If, on the Termination Date, any Goods remain in the Unit the Licensor may, at its own discretion, exercise a lien on the Goods and only release the lien and allow the Licensee to remove the Goods when all outstanding payments due to the Licensor have been paid.
11 - INSURANCE AND INDEMNITY
11.1 The Licensee is solely responsible for arranging insurance of the Goods and any other insurance in relation to third party liability claims.
11.2 Where the Licensor suffers loss as a result of damage to or loss of the Unit and/or the Site (or any part thereof) and/or any fencing, security systems, gates, barriers or any other property owned by the Licensor or other licensees as a result of acts, omissions or negligence of the Licensee (or those for whom the Licensee is legally responsible) then the Licensee shall be liable as follows:(a) If the damage can be economically repaired, the cost of making good the said damage.(b) In any other case, in compensating the Licensor for all losses, damages, claims, costs and expenses suffered as a result.
12 - IDENTIFICATION MARKS
12.1 The Licensor reserves its right to retain its mark or plate on the Unit identifying the Unit as the property of the Licensor and the Licensee shall not deface, remove or cover up the same.
13 - CCTV SYSTEM
13.1 The Licensor operates a CCTV and ANPR system on the Site. Images are being monitored and recorded for the purposes of crime prevention and safety. The Licensee consents to the Licensor operating these systems.
13.2 The Licensee acknowledges that they have been provided details of how to make a subject access request, how to complain about the operation of the CCTV and ANPR systems or its failure to comply with the requirements of the relevant code and how to obtain a copy of the code.
14 - DATA PROTECTION ACT 1988
14.1 The Licensor is a Data Controller for the purposes of the Data Protection Act 1998. The Licensor acknowledges that the appropriate treatment of personal data is essential in maintaining confidence with its customers. Any personal data which the Licensor collects, records or uses in any way will have appropriate safeguards applied to it to ensure the Data Protection Act 1998 is complied with.
15 - ERRORS AND OMMISSIONS
15.1 For the avoidance of doubt, the Licensor cannot be held responsible for any errors and omissions arising from circumstances beyond its control.
16 - AVAILABILITY
16.1 Quotations are offered subject to availability of the Unit during the Licence Period and the Licensor reserves the right to offer an alternative unit should the original quoted is unavailable.
17 - NOTICE
17.1 Any notice under this Agreement shall be deemed received and properly served by either party if sent by e-mail or recorded delivery letter. In this regard, the Licensee must notify the Licensor of any change of e-mail or postal address of the Licensee.
18 - ASSIGNATION
18.1 This Licensee is prohibited from assigning this Agreement. The Licensor shall be entitled to assign this Agreement.
19 - AND JURISDICTION
19.1 This Agreement shall be governed by Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
1 - DEFINITIONS
1.1 "Agreement" means the foregoing Licence Agreement between the Licensor and the Licensee.
1.2 'Access Opening Hours” means between the hours 06.00 to 21.00 Monday to Sunday or such other times as the Licensor shall, in its sole discretion, decide.
1.3 “Goods” means anything stored in the Unit at any time during the Licence Period.
1.4 “the Licence Period” means the period from the Commencement Date to the Termination Date or the date upon which the Agreement is otherwise determined in terms of Clause 9 hereof. Expressions defined or given meanings in the Agreement shall have those meanings where used in these Terms and Conditions.
2 - ACCESS AND USER
2.1 Throughout the Licence Period the Unit is, during Access Opening Hours only, available to the Licensee for the storage of Goods.
2.2 Only the Licensee and persons authorised in writing or accompanied by the Licensee will be allowed to have access to the Unit. The Licensee is responsible for all actions of their agent(s). The Licensor may refuse access to the Licensee or their agent(s) at any time if the Licensor considers that the safety of any person on the Site or the security of the Unit, its contents or other units or their contents will be put at risk and/or if there any criminal or illegal activity being carried on from within the Unit.
2.3 The Licensee permits the Licensor and its agent(s) and/or contractors to enter the Unit and if necessary break the lock to gain entry if the Licensor gives the Licensee seven days notice (except in the case of emergency when no notice would be needed) that it intends to inspect the Unit or carry out repairs, maintenance, alterations of the Unit or the replacement of it or any other units or any part of the Site.No notice will be required to be given by the Licensor to the Licensee:a) if the Licensor reasonably believes that the Unit contains Goodsdescribed in Conditions 2.4 or 2.5;b) such entry is incidental to the powers reserved by Condition 10.2 and/or2.12 and/or 3.4 hereof;c) entry is needed to prevent injury or damage to persons or property;d) if the Licensor is required to do so by the police, fire services, localauthority or by Court Order.
2.4 The Licensee shall not store any Goods in the Unit that, in the opinion of the Licensor, put at risk the safety of any person on the Site, the security of the Unit or its contents, or other units or their contents.
2.5 The Licensee must not store any livestock, perishable, dangerous, highly inflammable, volatile, toxic, noxious, illegal goods or any other goods not approved by the Licensor.
2.6 Smoking is strictly prohibited in the Unit and the Site.
2.7 The Licensee shall ensure that any action taken does not cause nuisance, inconvenience or annoyance to the Licensor, other customers of the Licensor or any other person authorised by the Licensor and/or any neighbouring or adjoining owners or occupiers within the neighbourhood of the Site. The Licensee shall be responsible for any damage to the property of the Licensor and/or any other person or for any injury to persons occasioned from the actions of the Licensee.
2.8 The Licensee shall not part with possession, share occupation, sell, assign, mortgage or let the Unit (or any part thereof).
2.9 The Licensee is responsible for removal of all rubbish resulting from activities on the Site and must maintain the area around the Unit in good order and repair. Failure to do so may result in a charge for cleaning or removal of rubbish.
2.10 The Licensee shall not carry out any activity on the Site or in the Unit safe and except for the purpose of storage of the Goods. The Licensee shall not carry on any business or trade from the Unit.
2.11 The Licensee will comply with operational conditions of the Site as may be imposed by the Licensor from time to time.
2.12 The Licensor will provide the Licensee with a padlock and keys for the Unit on the Commencement Date. The Licensee must return the padlock and keys to the Licensor at the Termination Date. Failure to do so will result in forfeiture of the Deposit. If the said padlock and keys are damaged or destroyed the Licensee must pay to the Licensor the cost of the Licensor providing a replacement. Installation of any other padlock or lock of any kind (other than those provided by the Licensor) is expressly prohibited and the Licensor will remove any such alternative padlock or lock at the Licensee's expense.
2.13 The Licensor may (at its sole discretion reallocate the Unit subject to the Agreement to such other unit on the Site as the Licensor may determine and in such eventuality at the request of the Licensor its agents or employees, the Licensee shall be obliged to remove any Goods in the Unit to such other unit so designated by the Licensor, and if the Licensee fails so to do within 7 days of notice to that effect, the Licensor its agents or servants may remove the Goods as agents for the Licensee and transfer the same to such other unit and recharge the Licensee for the cost of so doing.
3 - RENTAL AND PAYMENT TERMS AND DEPOSIT TERMS
3.1 The Licence Period shall be a minimum period of one month. The terms of payment of the Licence Fee are one calendar month in advance.
3.2 In the event that any payment by the Licensee to the Licensor is due and outstanding for more than 14 days the Licensor shall be entitled to prevent the Licensee from having access to the Goods in the Unit until such time that all outstanding payments are paid by the Licensee. The Licence Fee shall continue to apply during such time that the Goods are stored in the Unit pending receipt of the outstanding payment from the Licensee. The Licensor may, at its own discretion, exercise a lien or security on the Goods. If, after written demand, the Licensee still fails to settle the total sums due to the Licensor, the Licensor may, as agents of the Licensee, enter the Unit, remove the Goods and sell the Goods and be entitled to retain all proceeds of sale towards settlement of the sums due and payment of any costs incurred in taking such action. The Licensee hereby indemnifies the Licensor against any liability incurred by it to a third party whose property shall have been sold by the Licensor in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such property belongs to the Licensee.
3.3 The Licensee must pay the Deposit to the Licensor a deposit as security against the failure by the Licensee to comply with the terms of the Agreement on or prior to the Commencement Date. Subject to payment of all sums due to the Licensor under the Agreement and compliance by the Licensee with all stipulations included in the Agreement the Licensor will refund the deposit without interest to the Licensee at the address of the License as stated in the Agreement (unless otherwise advised) within 14 days of the Termination Date. Any sums due to the Licensor under the Agreement including without limitation, the costs of any repair and/or cleaning of the Unit as a result of the Licensee’s use of the same shall be deducted from the deposit.
3.4 The Licensor reserves the right to request an additional monetary deposit as security against the satisfactory performance of the obligations of the Licensee under the Agreement. The Licensor will refund the Deposit (and any such deposit) without interest within 14 days of the Termination Date. Any sums due to the Licensor including, without limitation, the costs of any repair and/or cleaning of the Unit as a result of the Licensee’s use of the same shall be deducted from the Deposit (and any such additional deposit).
3.5 The Licensee shall, on demand by the Licensor, pay to the Licensor interest on sums not paid on their due dates under this Agreement from the due date up to the date of actual payment at the rate of 4% above the base rate from time to time of Bank of Scotland plc.
4 - LOADING AND UNLOADING
4.1 The Licensee is responsible for the loading and unloading of the Unit and shall be obliged to do so in a responsible and safe manner within the Site.
5 - MAIN SERVICES
5.1 Main services are not connected to the Unit and the Licensee shall be prohibited from arranging temporary or permanent connection of main services to the Unit under any circumstances.
6 - MAINTENANCE, CARE AND ALTERATIONS
6.1 The Licensee shall be responsible for maintaining the Unit to the standard as at the Commencement Date (or following repair or improvement), for using the Unit in a reasonable manner and returning the Unit on the Termination Date in a good condition (fair wear and tear excepted). The Licensee is responsible for all loss or damage to the Unit caused by actions or negligence of the Licensee and the Licensee’s agents, employees and/or invitees and/or others for whom they are responsible in law.
6.2 The Unit must not be altered or modified by the Licensee in any way.
7 - REPAIRS
7.1 The Licensee shall not attempt to repair the Unit and shall inform the Licensor immediately of any loss, damage or repairs needed to the Unit. The Licensor will deal with repairs as soon as reasonably practicable (subject to the Licensee paying for the repair costs where the same is the responsibility of the Licensee in terms of this Agreement) or, at the discretion of the Licensor and subject to availability, to offer an alternative unit within the Site. The Licensor may also suspend further use by the Licensee of the Unit in need of repair until such repairs may be carried out. The need for repairs may be a fair basis for cancellation of this Agreement however it will not be a basis of a claim against the Licensor for costs arising from the non-availability of an alternative unit.
8 - WARRANTIES
8.1 No warranties or conditions other than specifically set forth shall be implied or deemed incorporated in or form part of the Agreement. The Licensee admits that no representations have been made to it by or on behalf of the Licensor which may have induced it to enter into this Agreement.
8.2 The Licensor accepts no responsibility for any loss or damage to the Unit or its contents due to, or arising from, any cause which includes, without limitation, damage or loss due to condensation, damp, flood, fire, weather or other external conditions.
8.3 The Licensor shall not be responsible for any damage or loss whatsoever in relation to the Licensee, the Licensee’s agents, employees invitees or the Goods. The Licensee shall be solely responsible for their safety and that of their agents, employees and/or invitees and of the security of the Unit and the Goods and any other contents.
9 - TERMINATION
9.1 The Agreement can be terminated by either party upon giving to the other not less than 3014 days written notice at any time after the expiry of the first month of the Licence Period in accordance with the terms of the foregoing Agreement.
9.2 The Licensor shall be entitled to terminate the Agreement at any time on notice forthwith should:(a) The Licensee fails to comply with any of the conditions herein or the Agreement;(b) The Licensee becomes insolvent or is committed for any act of bankruptcy or levy against the Licensee of any distress or execution or, in the case of a limited company, goes into liquidation or administration or receivership;(c) The Licensee makes a general or special arrangement or composition with creditors;(d) The Licensee puts into jeopardy or prejudices in any way the Licensor’sinterest in the Unit and/or the Site through any act or omission on its part.
10 - FOLLOWING TERMINATION
10.1 At the Termination Date the Licensee shall return the Unit to The Licensor empty and in good condition (except for fair wear and tear). The Licensee shall be responsible for any costs incurred by the Licensor in removing and disposing of the Goods left behind by the Licensee and restoring the Unit to good condition including, without limitation, cleaning, removal of rubbish and making good any damage caused including by break-in or attempted break-in.
10.2 If, after the Termination Date, Goods remain in the Unit and the Licensee fails to remove them within 7 days after being requested in writing by the Licensor to do so:a) The Licensor may as agent of the Licensee sell the Goods and theLicensee will indemnify the Licensor against any liability incurred by itto any third party whose property shall have been sold by the Licensor inthe mistaken belief held in good faith (which shall be presumed unlessthe contrary be proved) that such property belonged to the Licensee.b) The Licensor shall be entitled to retain all proceeds of sale in settlementof any costs and/or charges due from the Licensee to the Licensor or, ifthe Licensor having made reasonable efforts, is unable to locate theLicensee, the Licensor shall be entitled to retain such proceeds of saleabsolutelyc) The Licensee shall indemnify the Licensor against any damageoccasioned to the Unit and any actions claims proceedings costsexpenses and demand made against the Licensor caused by or related tothe presence of the Goods in the Unit.
10.3 If, on the Termination Date, any Goods remain in the Unit the Licensor may, at its own discretion, exercise a lien on the Goods and only release the lien and allow the Licensee to remove the Goods when all outstanding payments due to the Licensor have been paid.
11 - INSURANCE AND INDEMNITY
11.1 The Licensee is solely responsible for arranging insurance of the Goods and any other insurance in relation to third party liability claims.
11.2 Where the Licensor suffers loss as a result of damage to or loss of the Unit and/or the Site (or any part thereof) and/or any fencing, security systems, gates, barriers or any other property owned by the Licensor or other licensees as a result of acts, omissions or negligence of the Licensee (or those for whom the Licensee is legally responsible) then the Licensee shall be liable as follows:(a) If the damage can be economically repaired, the cost of making good the said damage.(b) In any other case, in compensating the Licensor for all losses, damages, claims, costs and expenses suffered as a result.
12 - IDENTIFICATION MARKS
12.1 The Licensor reserves its right to retain its mark or plate on the Unit identifying the Unit as the property of the Licensor and the Licensee shall not deface, remove or cover up the same.
13 - CCTV SYSTEM
13.1 The Licensor operates a CCTV and ANPR system on the Site. Images are being monitored and recorded for the purposes of crime prevention and safety. The Licensee consents to the Licensor operating these systems.
13.2 The Licensee acknowledges that they have been provided details of how to make a subject access request, how to complain about the operation of the CCTV and ANPR systems or its failure to comply with the requirements of the relevant code and how to obtain a copy of the code.
14 - DATA PROTECTION ACT 1988
14.1 The Licensor is a Data Controller for the purposes of the Data Protection Act 1998. The Licensor acknowledges that the appropriate treatment of personal data is essential in maintaining confidence with its customers. Any personal data which the Licensor collects, records or uses in any way will have appropriate safeguards applied to it to ensure the Data Protection Act 1998 is complied with.
15 - ERRORS AND OMMISSIONS
15.1 For the avoidance of doubt, the Licensor cannot be held responsible for any errors and omissions arising from circumstances beyond its control.
16 - AVAILABILITY
16.1 Quotations are offered subject to availability of the Unit during the Licence Period and the Licensor reserves the right to offer an alternative unit should the original quoted is unavailable.
17 - NOTICE
17.1 Any notice under this Agreement shall be deemed received and properly served by either party if sent by e-mail or recorded delivery letter. In this regard, the Licensee must notify the Licensor of any change of e-mail or postal address of the Licensee.
18 - ASSIGNATION
18.1 This Licensee is prohibited from assigning this Agreement. The Licensor shall be entitled to assign this Agreement.
19 - AND JURISDICTION
19.1 This Agreement shall be governed by Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.