Parties
1.Capital (UK) Ltd of Unit 2 Frog Island Estate, Ferry Lane, Rainham, Essex, RM13 9YH (together with its assigns and successors in title) ( The Owner )
2. ( The Hirer ) Company Name:
3. Company Registration no:
4. Registered Office:

1. Hire
The owner hires to the hirers the containers for the period of hire and at the rental in each case as stated in the schedule upon the terms and subject to the conditions of this agreement.
2. Commencement of Hire
2.1The hiring of the container(s) will commence on the date on which the container(s) are made available to the hirer, its employees or its agents ( the commencement of the hire )
2.2The owner will prepare a form for each container, which will contain brief details of that container forming the schedule to this agreement.
3. Rentals
3.1The hirer will pay to the owner in advance the rentals stated in the schedule (subject to any adjustments as provided in clause 4 of this agreements), the first such payment to be made on the date of the commencement of the hire and subsequent payments to be made monthly thereafter, without prior demand by the owner. Time shall be of the essence in respect of the payment of all sums due under this agreement and the hirer shall be deemed to have repudiated this agreement if any rental or other payments shall remain unpaid for more than 7 days after becoming due. A deposit shall be taken at the outset of the hire which will be refundable provided the container(s) are left in good condition and the owner is not left with debris to clear and provided the rental payments are paid in full.
3.2 If at any time the hirer repudiates this agreement and the payment of rentals remain unpaid for 7 days after becoming due then the owner will serve notice to the hirer to request that the account be brought up to date. Should the account remain overdue for a further 14 days the notice will be served to the owner to request the removal of the goods.
3.3Should the debt remain outstanding the owner will after taking action as stated in clauses 3.2, of this agreement arrange for the container(s) to be emptied without prior recourse to the courts. Any contents that remain in the container will be valued and sold to recover some of the outstanding debt.
3.4All payments due under this agreement (if not made by standing order or BACS) shall be made to the owner at its address stated in this agreement or at such other address as the owner from time to time may communicate to the hirer. Any payments sent by post shall be sent at the risk of the hirer.
4. Revision of Rentals
4.1The Hirer expressly acknowledges and accepts that the owner shall be entitled to revise the rentals stated in the schedule (by such amounts as the owner shall by its absolute discretion determine) at any time before the commencement of the hire or during the period of the hire subject to giving the hirer 7 days notice.
4.2Any such revision shall be notified by the owner to the hirer as soon as practicable. In the event the hirer does not accept such price revision, they have the right for a period of 7 days after receipt of such notification to serve written notice on the owner canceling this agreement.
5. Use of The Container(s)
5.1 The hirer may use the containers solely for the purpose of commercial or domestic storage. The container(s) are not to be used, and the hirer will not permit them to be used for any purpose for which they are not expressly designed.
5.2 The storage of any contraband, or any illegal substance is strictly forbidden. Should the owner suspect that the container(s) are being used for any purpose forbidden by law they reserve the right to inform the police without further recourse to the hirer.
5.3 The hirer agrees that they will not;
5.3/1Effect any modifications to the container or make any alterations or additions.
5.3/2 Remove or interfere with the identification marks or plates affixed to the container or attempt or purport to do so.
5.3/3 Deface the body of the container nor add or erect any painting, sign writing, lettering or advertising on the containers.
5.3/4 Leave any debris, dirt, oil or any other substance for the owner to clear either in or around the container or container yard including any external roads on the industrial estate.
5.3/5 Use the container for any purpose prohibited by law.
6. Duties of the Hirer
The Hirer shall during the continuance of this agreement
6.1Pay to the owner interest at a rate of 4% per annum above the base rate for the time being of National Westminster Bank PLC on all sums from which time to time may be due from the hirer to the owner under this agreement and remain for the time being unpaid, such interest being calculated and compounded daily from the due date until actual payment and to be payable as well after as before any judgment obtained in respect of them.
6.2 Bear the cost of the repair or rectification of any damage whatsoever or whosoever caused to the container.
6.3 not sell, assign, mortgage, let on hire or otherwise dispose of all or otherwise part with possession or any container or charge the benefit of this agreement nor attempt or purport to do so.
6.4 Take all necessary steps at its own expense to retain and recover possession or control.
6.5 Permit the owner or its authorised representative's to open and enter the container to inspect and test the condition of the container and its contents. The Owner retains the right to break open the container (cutting off padlocks if necessary) should they suspect any of the terms and conditions herein are not being adhered to.
6.6 Notify the owner of any change of address and telephone number of the hirer.
6.7 Not leave litter or debris on or around the premises at any time during or after the hire period. Not leave any litter or debris in the container at the end of the hire period. Not leave oil, grease or dirt within or around the container and or premises during or after the hire period.
6.8 In the event of any of the happenings of clause 6.7 the owner retains the right to charge the hirer all costs and charges incurred thereof.
7 Insurance
7.1 The Hirer will throughout the continuance of this agreement without prejudice to the liability of the hirer to the owner, keep the container and their contents insured against loss or damage from all risks (including third party risks). The hirer shall notify its insurers that the containers are on hire from the owner and request the insurers to endorse a note of such interest on the policy of insurance. The Hirer will also be held responsible for any damage to the container(s) and should therefore notify its insurers that the containers are on hire from the Owner and request the insurers to endorse a note of such interest on the policy of insurance naming the owner as loss payee. They shall on demand show to the Owner the policy of insurance, and shall not use or allow the containers to be used for any purpose not permitted by the terms and conditions of the policy of the insurance or allow to be done any act or thing whereby the insurance may be invalidated. If the Hirer shall make default in the payment of any premium in respect of the insurance, the owner may pay such premium, in which event the Hirer shall repay the amount to the Owner on demand. The Hirer shall fully indemnify the Owner against all loss or damage to the Containers or contents not recoverable under the policy of insurance.
7.2 Where any event or accident shall occur which is a risk covered by the hirers insurance under this agreement, the Hirer, shall immediately notify the Owner of it, shall not compromise any claim without the consent of the Owner, shall allow the Owner to take over the conduct of negotiations (except in relation to claims of the Hirer for personal injuries), for the loss of use of the containers or loss or damage to the property of the Owner and shall at the expense of the Hirer take such proceedings (in the sole name of the hirer or jointly with the Owner), holding all sums recovered, together with any monies received by the Hirer under its policy of insurance on trust for the owner and paying or applying the same as the Owner directs and as provided in this Agreement. If any Container is declared a total loss, the hire of it shall terminate and in such event, the Owner shall apply any proceeds of insurance received by it at its options:
7.2/1 towards a replacement of equivalent value which replacement shall be deemed to be included in this Agreement for all purposes and the hirer shall continue to be liable to pay Rental as if such loss had not taken place; or
7.2/2 in or towards payment to the Owner of the sum necessary to compensate the Owner for the loss of profit suffered as a result of the loss of that container.
7.3 The Owner hall have the right itself to repair or have repaired any Container which is subject to an accident. If the Owner does not choose to do so, The Hirer shall be liable to reinstate or repair at its own expense (subject to any insurance proceeds) Containers which have not become a total loss and shall continue to pay a rental in respect of such Containers during such reinstatement or repair.
7.4 The Hirer will be liable to pay to the Owner any amount deducted by the insurers by way of excess or in respect of damage caused to the Containers prior to the date of total loss, and (subject to the application of insurance proceeds under Clause 7.2.2) Shall fully indemnify the Owner against all and any loss suffered by it in consequence of the loss or destruction of the relevant Containers.
8. General Liability
8.1 The Hirer shall be solely responsible for and hold the owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by the Owner as a result of the use of the Containers (other than death or personal injury resulting from the negligence of the Owner, its employees or agents)
8.2 The Owner does not hire the containers subject to any conditions or warranty, express, implied or statutory in connection with the fitness for any purpose or age of the containers and any conditions and warranties are expressly excluded insofar as permitted by statute and (save for the Owners liability for death or personal injury caused by the negligence of the Owner , its employees or agents) the Owner will not be responsible for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by the Containers or their use.
8.3 The hirer shall be solely responsible for and hold the Owner fully indemnified against all claims demands, liabilities, losses, damage, proceedings, costs and expenses suffered or incurred by the Owner as a result of any breach or default on the part of the Hirer in the discharge of its obligations under this hire agreement.
8.4 The hirer shall indemnify the Owner against all claims resulting from damage to the cars and personal property as a result of entering the Owners premises. The hirer enters these said premises under the explicit understanding that they enter under their own risk.
8.5 The hirer shall no use or allow others to use the container for any purpose not permitted by law. The owner retains the right to inform the police should they suspect that such an event is taking place.
9. Ownership
The Containers at all times shall remain the property of the Owner and the Hirer shall have no right to the Container other than as the hirer and the Hirer shall not do or permit or cause to be done, any matter or thing whereby the rights of the Owner in respect of the Containers are prejudicially affected.
10. Termination
10.1If the Hirer shall fail to pay any Rental or other sum payable under this Agreement (or any other agreement between the Owner and the Hirer) within 7days of its becoming due (whether demanded or not) or shall commit a breach of the other terms and conditions, whether expressed or implied, of its Agreement (or of the terms and conditions of any such agreement as stated above) or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owners right to the containers, then in each and every case the hirer shall have been deemed to have repudiated this Agreement and the Owner may immediately or at any time thereafter by notice in writing to the Hirer for all purposes immediately terminate the hiring constituted by this Agreement
10.2 If any of the following events shall occur, namely:
10.2/1 If any distress, execution, or other legal process shall be levied on or against the Containers or against its contents or against any of the Hirer's goods or other property or the Hirer shall permit any judgment against it to remain unsatisfied for 7 days or
10.2/2 If the Hirer, being an individual, shall die, shall suffer an interim order (within the meaning of the Insolvency Act 1986) to be made against him or enter into a voluntary arrangement or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order, or
10.2/3 If the Hirer, being a body corporate, shall enter into a liquidation, shall call any meeting of its creditors or shall have a receiver or receiver manager of all or any of its undertakings or assets appointed, or shall suffer the appointment of the presentation of a petition for the appointment of an administrator under the provisions of Part 11 of the Insolvency Act 1986, or shall be deemed by virtue of section 123 of the Insolvency Act 1986 to be unable to pay its debts then in each and every case the hire constituted by the agreement shall ipso facto and without notice terminate and no payment subsequently accepted by the owner without the knowledge of such termination shall in any way prejudice or affect the operation of this Clause.
10.3 The Hirer shall upon any termination under Clause 10.1 or 10.2 above pay to the Owner.
10.3/1 All arrears of the rental then due and all other sums accrued due and unpaid at the date of termination, together with interest payable under Clause 6.1 of this Agreement;
10.3/2 and the cost of repairs required as at the date of termination (other than those for which the Owner has assumed responsibility under clause 6.3); and
10.3/3 compensation for the loss suffered by the Owner as a result of such terminations, such loss being determined by the Owner having regard to all the relevant circumstances: and
10.3/4 any other sums , which are or become due to the Owner to which the owner is entitled by way of damages.
The termination of the hire constituted by this agreement shall not affect the rights of the owner or liabilities of the hirer subsisting at the date of termination.
10.4On termination of the hire howsoever or whenever occasioned or on expiry of the hire period, the hirer shall no longer utilise the containers without the owners consent and shall unless otherwise agreed with the owner, immediately empty the container(s). Without prejudice to the foregoing or to the owners claim for any arrears of rental or damages for any breach by the hirer of this agreement or any other rights under this agreement , the owner or its authorised representative may at any time after such termination or expiry of all hire period notice retake possession of the containers and the hirer shall be responsible for all costs charges and expenses so incurred in the retaking possession of the containers as stated above.
10.5The owner reserves the right to take possession of the goods stored withing the container and sell them to recoup unpaid rentals or costs incurred by any event which breaches this agreement.
Continuation Payments
11.1Without prejudice to the provisions of Clause 10.5 as from the due expiration of the hire period and until such time as the use of the containers shall have been emptied, the hirer will pay by way of recompense for the continued use of the containers, a monthly sum (payable in arrears) at the same rate per annum as the Rental payments previously due in respect of them.
11.2 This clause shall not confer upon the Hirer any right to the continued use of the Containers.
12 Owners intervention
If the Hirer fails to comply or commits a breach of any provision of this agreement, the owner may without in any way being obliged to do so or responsible for doing so and without prejudice to the ability of the owner to treat that non  compliance on behalf of the hirer as an event entitling it to terminate this Agreement, effect compliance on behalf of the Hirer upon which the hirer will become liable to pay immediately any sums expended to the owner together with all costs and expenses including without limitation, legal costs in connection with it.
13. Force Majeure
The Owner shall not be liable for failure to provide containers due to (without limitation) war, governmental or parliamentary restrictions, strike, lock-outs , fire floods, explosions, labour disturbances, trade disputes damage to or destruction of the containers(s) or the contents of the containers, breakdown of machinery or Act of God or due to any other cause whatsoever beyond the reasonable control of the owner, and the owner shall be at liberty to cancel or suspend the order placed by the hirer without incurring any liability for any loss or damage arising.
14. Forbearance
No forbearance, indulgence or relaxation therapy of the owner, shown or granted to the hirer in respect of any of the provisions of this agreement shall in anyway affect, diminish restrict or prejudice the rights or power of the owner under this agreement or operate as to be deemed to be a waiver of any breach of the hirer or the terms and conditions of this agreement.
15. Concurrent Remedies
No right or remedy in this agreement conferred upon or reserved to the owner is exclusive of any other right or remedy in this agreement or by law or equity provided or permitted but, each shall be cumulative of every other right or remedy given under this agreement or now or after the date of this agreement existing and maybe enforced concurrently with them or from time to time.
16. Notices
Any notice under this agreement shall be in writing and may be served by sending it by facsimile transmission (fax) or pre-paid first class letter post or delivery if (in the case of a limited company) to the address stated in this agreement, and in any other case , to the last known address of the addressee. In proving service of any notice it shall be sufficient to prove in the case of fax, that the fax was properly sent and received and in the case of posting, the envelope containing the notice was properly addressed, stamped and posted. Service shall be deemed to be effective in the case of the fax, at the time of transmission and in the case of posting, on the second business day following the posting and any notice delivered to an address by hand shall be deemed to be effective from the date of such delivery.
17. Assignment
This agreement may be assigned or transferred by the hirer only
18. Waiver of set off
The Hirer waives all and any future claims and rights of set off against any installment of rental or any payment due under this agreement and agrees to pay the rental and other amounts under this regardless of any equity, set off or cross claim on the part of the hirer against the owner.
19. Construction
Where there are two or more parties in this agreement as hirer, their liability under this agreement shall be joint and several. In this agreement and where the context so admits or requires, the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural.
20. Personal Guarantee
The directors/ partners/ sole traders also hereby agree to be personally answerable and responsible for the due payments and for the value of items supplied by Ist Capital UK Ltd or 1st Capital Self Storage Ltd, both trading under the name of CAPITAL, from time to time , at their request.
21. No Variation
This agreement shall not be varied or modified in any manner except in writing signed by the parties to this agreement or their duly authorised offices or representatives.
22. Governing Law
This agreement shall be governed by and construed with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English Court.