I. TERMS & CONDITIONS
The Self Storage Agreement (‘Agreement”) is made by and between Morespace Self Storage LLC, a company incorporated under the laws of the United Arab Emirates with License No. 714866 operating through its registered address at P.O. Box 9421, Al Quoz Industrial 3, Dubai, United Arab Emirates (“MORESPACE”) and the individual/partnership/company/organisation (“Occupant”) for the purpose of storing items, goods and personal belongings (“Goods”) within the agreed space (“Space”) which is located within the storage facility at the registered address stated above (“Facility”) and operated by MORESPACE upon payment of the security deposit and service fee (“Payment”) and upon full agreement to the Terms and Conditions set out below (“Terms & Conditions”).
The Agreement after having been signed by the Occupant will take effect as a binding contract only upon formal acceptance and signing of the same by MORESPACE. However, MORESPACE’S acceptance of the Agreement is limited only to the services expressly specified in the Agreement and governed only by the terms and conditions of the Agreement.
2. USE OF SPACE
The Occupant shall not make any modifications or alterations to the Space without the prior written consent of MORESPACE. The Occupant shall not use the space for any unlawful purpose or in such a manner which may cause nuisance to MORESPACE or other occupants of the Facility or the occupants of the building in which the Facility is located or its common area or surrounding premises. The Occupant acknowledges and agrees that the Space will be used for storage only, and that the use of the Space for any other purpose including but not limited to human or animal habitation is specifically prohibited. The Occupant shall be deemed to have full knowledge of the goods stored within the Space. MORESPACE does not and will not be deemed to have any knowledge of the goods or items stored within the Space. It is understood and agreed between MORESPACE and the Occupant that no Bailment or deposit of Goods for safekeeping is intended or created under this Agreement. All Goods stored by the Occupant in the Space will be at his/her own sole risk and the liability for any breaches of any of the Terms & Conditions of this article and/or the Laws of the United Arab Emirates rests solely and absolutely with the Occupant.
MORESPACE is not engaged in the activity of storing Goods for hire and no bailment is created under the Agreement. The Occupant agrees not to store collectibles, heirlooms, jewelry, and works of property having special or sentimental value to the Occupant. The Occupant acknowledges that MORESPACE has no concern with the kind, quantity or value of the Goods, which may be difficult or impossible to ascertain.
4. ACCESS TO STORAGE
Individual storage units are locked at all times by a padlock belonging to the Occupant, and MORESPACE does not maintain a duplicate or master key for any padlocks or locks. The Occupant acknowledges that if the unit is found unlocked at any time this shall suffice as default by the Occupant under the terms of the Agreement.
5. PROHIBITED MATERIALS
The Occupant agrees not to store any food or perishable goods, flammable materials, explosives or hazardous materials, noxious or filthy materials, decomposable materials, contraband or unlawful materials. A full list of hazardous materials is attached to this Agreement and by signing this Agreement, the Occupant agrees to not store any items listed. The Occupant shall not store any personal property on the premises that would result in the violation of any law and in this regard, the Occupant acknowledges that all laws of Dubai, United Arab Emirates, including Acts, and Subsidiary Legislation, Rules and Regulations, By-laws, Orders and Ordinances of all governmental authorities (“THE LAWS”), are or may be applicable to the use of the Space. Costs to dispose of such substances by lawful compliance shall be borne by the Occupant.
Goods stored in the Space are at the sole risk of the Occupant and he/she agrees that all Goods stored in the Space will be adequately covered against normal perils under a valid contract of insurance with a reputable insurance company for the full replacement value of all the items and will not cause or allow that insurance cover to lapse whilst the items remain in the Space or Facility. We exclude all liability in respect of loss or damage relating to the Occupants business, if any, including consequential loss, lost profits or business interruption, and all liability in respect of loss or damage to the Goods caused by normal perils, including negligence by MORESPACE, its employees or agents, above the sum of AED 200.00 which we consider to be normal excess on a standard household insurance policy whether or not that policy would cover the Goods. Normal perils in this instance means loss of or damage to Goods caused by fire, lightning, explosions, earthquake, aircraft, storm, flood, bursting and/or leaking pipes, theft accompanied by forcible and/or violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles.
Upon specific request by the Occupant, MORESPACE can make necessary arrangements, on behalf of the Occupant, to provide insurance coverage for the Goods being stored in the Space and subject of this Agreement and in such case, the Occupant agrees to abide and be governed by the terms, conditions and exclusions of MORESPACE’S master policy. Where MORESPACE has been asked to arrange insurance coverage on behalf of the Occupant, the Occupant is solely responsible for providing accurate descriptions and declarations of the prevailing value of the items being stored in the Space and subject of the aforementioned insurance coverage. Any false declaration, false statement or concealment shall be the sole liability of the Occupant. The Occupant agrees to provide a declaration of the true total value of all goods stored in the Space and declares that it will not exceed that value at any time. In this event the following provisions of this Condition shall apply. MORESPACE shall take out and maintain a contract of insurance providing cover for the Occupant for the goods stored in the Space and for the purposes of such insurance cover, the replacement value of the Goods shall be the true total value of the goods stated at the beginning of this Agreement. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover, Morespace shall notify their insurance company promptly of the claim and in any event within 2 business days of receipt from you of a written direction to make a claim. For processing any such claim, the Occupant agrees to provide MORESPACE, the insurer or any agent the insurer has appointed to investigate such claim, with such information and existence as may be required in relation to the claim. MORESPACE will also provide the Occupant, the insurer, or any agent of the insurer appointed to investigate the claim, with such information and assistance in relation to the claim as may reasonably be required. While MORESPACE will, in accordance with the previous provisions of this paragraph, notify claims to the insurer, MORESPACE is not under any circumstance obliged to start or threaten to start any legal proceedings in relation to any such claim (unless specifically agreed with the Occupant in writing). In the event that MORESPACE makes a claim under such insurance cover in respect of damage or loss caused to the Goods, MORESPACE shall pay or arrange for payment to the Occupant that part of any proceeds of such claim made by us which relates to such damage or loss to Goods after deduction of any outstanding sums due to MORESPACE. For the avoidance of doubt, the Occupant acknowledges that MORESPACE’S liability in respect of any claim under such insurance cover is restricted to the payment to the Occupant of those sums that MORESPACE recovers relating to the Goods. MORESPACE does not give any advice concerning the insurance cover referred to in this condition and it is down to the Occupant’s judgment as to whether such insurance is appropriate to cover the Goods and risks to them.
MORESPACE does not exclude liability for physical injury to or the death of any person that is a direct result of its negligence or willful default or that of its employees and/or agents. The Occupant agrees to indemnify MORESPACE against all claims, demands, liabilities, damages, costs and expenses incurred by it or any of its employees, agents or clients or persons in the Facility which arise out of the use of the Space or Facility by the Occupant or any of his/her servants, agents or invitees or arise out of the breach of this Agreement by the Occupant. In the event of circumstances and consequences which are outside the reasonable control of MORESPACE, MORESPACE does not agree and is not obliged by this Agreement to maintain the safety or security of the Goods, the Space or the Facility to keep the Goods free from damage or loss. Neither the Occupant, nor MORESPACE, shall have any liability or be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement resulting from circumstances beyond the control of that party. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute, labourF disturbance, accident, breakdown of plant or machinery, fire, food, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism, environmental or health emergency or hazard, or entry into any Space or the Facility by law and order authorities for the arrest, seizure or confiscation of Goods.
7. LIMITATION OF MORESPACE’S LIABILITY
MORESPACE shall not be liable to the Occupant for any damage or loss of any good or property stored within the Space, and/or for any personal injury or death of the Occupant or Occupants representatives arising from the use of the Space regardless of how such damage or loss or injury occurred and no matter what the cause including but not limited to, burglary, mysterious disappearance, fire, water, loss or damage from insects, rodents, building defects, Acts of God, etc. The Occupant shall Indemnify and hold MORESPACE unaccountable at all times against all claims, demands, actions, proceedings, losses and expenses including legal costs between solicitor and own client on a full indemnity basis and all other liabilities of whatsoever nature or description and howsoever arising which may be made, taken, incurred or suffered by the Occupant in connection with, or in any manner arising out of the Agreement and/or the Goods stored within the Space.
8. OCCUPANT RESPONSIBILITY
The Occupant will periodically inspect and immediately notify MORESPACE of any defects, damage or infestation in the Space. The Occupant will keep the Space in good condition and will pay MORESPACE for any repairs necessary to the Space, common areas, the Facility or outside areas due to negligence or misuse.
9. RULES AND REGULATIONS
The Occupant acknowledges and agrees to adhere to the ‘Rules and Regulations’ listed below. MORESPACE has the right to amend the rules and regulations from time to time at its sole discretion.
10. RIGHT TO ENTER
MORESPACE, its agents and employees, have the right to access the Space upon three days advance written notice to the Occupant. In the event of an emergency, MORESPACE, its agents, employees and/or representatives of governmental authorities, shall have the right to enter the Space without any notice to the Occupant, and take such measures as may be necessary or appropriate to preserve the Facility, comply with applicable laws and/or enforce MORESPACE rights.
11. AMENDMENT OF TERMS
MORESPACE may change or amend any term or condition of the Agreement, and quoted prices are subject to change by MORESPACE prior to acceptance of the Agreement. After MORESPACE’S acceptance of the Agreement, prices are subject to change, at any time, for any service or sale of items yet to be provided or delivered. Any taxes and/or duties resulting from the Agreement shall be borne by the Occupant.
12. PAYMENT TERMS
Payment may take the form of a lump sum for the entire duration of the Agreement or by monthly instalments. Payment can be made either by one cheque at the time of commencement of the Agreement, by ‘mail order’ credit card authorisation or bank transfer. A security deposit of one-month service fee shall be payable at the time or prior to MORESPACE’s acceptance of the Agreement, along with the initial monthly service fee. Subsequently, one-month advance service fee is required at the commencement of each month’s storage. A penalty of AED 100 is applicable to any returned cheque or declined credit card payment, exclusive of any bank charges.
Failure to make Payment for the services provided within 30 days of the due date will result in the transfer of ownership of the property stored in the Space from the Occupant to MORESPACE for the purpose of storage disposal, sale, or any other legal action deemed necessary to recover any outstanding obligation by the Occupant. MORESPACE will have no obligation whatsoever to disclose information concerning the action taken, if any, and may still take the necessary legal measures to obtain full Payment for unpaid services provided to the Occupant.
14. SERVICE PROVISION
MORESPACE will begin provisions of the specific service as set out in the Agreement upon receipt of at least the first month’s Payment and a security deposit equal to one-month service fee. The security deposit is either refunded at the time of cancellation or expiration of the contract or applied to any further payments due for unpaid services that have been provided by MORESPACE and/or unpaid charges and penalties due to MORESPACE arising out of the agreement. The Agreement should not be construed as a leasehold or rental agreement.
15. TERMINATION OF AGREEMENT
The Agreement may be terminated by either MORESPACE or the Occupant by giving 1 month’s notice in writing to the other party. The Occupant agrees to leave the Space in good condition and is responsible for any damages to the unit, including partition walls, doors, lighting or flooring. In the event MORESPACE cancels the Agreement, the Occupant has 7 days from the expiration of the cancellation notice to remove any items from the Space before MORESPACE will take the necessary action as described in Condition 13 for non-payment.
16. CHANGE OF CONTACT DETAILS
The Occupant agrees to notify MORESPACE of any address, telephone or email changes, in writing or by email, promptly and at the latest within 10 days.
Any Goods belonging to the Occupant remaining at the Facility after the termination of the Agreement will be considered as abandoned. Abandoned property may be sold, destroyed or disposed of at MORESPACE’s sole discretion.
18. THIRD PARTIES
A person who is not a party to the Agreement has no right under the contracts (Rights of third parties) to enforce any term of the Agreement.
19. GOVERNING LAW AND JURISDICTION
The Agreement shall be construed and governed by the laws of the United Arab Emirates and the parties hereby irrevocably submit to the jurisdiction of the courts of the United Arab Emirates.
II. RULES AND REGULATIONS
1. Self Storage is for dead storage only, nothing living or live should be stored in the units
2. The following items/materials are strictly prohibited: Fertilizers, pesticides, firearms, explosives, ammunition, contraband, illegal drugs, batteries, fuels, flammable materials, odorous materials, infections materials, hazardous/toxic materials (for full list please see below)
3. Storage of food of any type is strictly prohibited, including fresh, dried or dehydrated food
4. Open flames of any type such as camping equipment, cutting torches, kerosene lamps, candles are prohibited from the facility
5. Please refrain from smoking anywhere in or around the facility. The safe storage of all Occupants belongings is our utmost priority and cigarettes can cause fires.
6. Improperly parked, unattended or any vehicle left over night may be impounded at the Owners risk and expense. This includes vehicles blocking driveways or the entrance to the facility.
7. Children must be supervised by parents at all times
8. No pets or animals are permitted inside the facility
9. No sanding or spray painting within the facility
10. Please keep the facility clean by removing all trash and unwanted items. The Occupant is responsible for the off-site disposal off any waste items.
11. Payments received after 5pm on a business day will be posted to the next business day.
12. Please be respectful to the facility and your neighbours.
13. Please note pest control products may be used on the premises from time to time.
III. PROHIBITED HAZARDOUS MATERIALS
To maintain our storage safety and security standards, the following items are strictly prohibited in the Facility:
Acetylene (liquid and dissolved
Bi-sulphide of Carbon
Bylonite and other similar substances
Chlorate of Soda
Chlorate of Potash
Chloride of Lime
Coconut and other vegetable oils
Copra, Copra cake, Copra meal
Cotton – (whether in fully presses bales or otherwise)
Explosives of all kinds
Gases in cylinders
Grasses of all kinds
Gunny bags (other than full-pressed ironbound bales)
Matches of any kinds
Nitrates of all kinds
Nitrites of all kinds
Oils (except lubricating)
Oils not giving off an inflammable vapour below 350 degrees Fahrenheit.
Petroleum and/or its liquid products
Rags (excluding clean cloth cuttings)
Spirits of any kind (except in bottles)
Sulphur dyes or colours (excluding those packed in airtight metal vessels labeled with a certificate by the manufacturer that they contain at least 10 percent inert inorganic salts)
Tar and/or tarred canvas
Vegetable fibers of any kind
Waste of any kind