Terms & Conditions

2.1 Customer warrants and represents that:

2.1.1 Customer is the sole legal and beneficial owner of the Vehicle or is authorised by its owner to enter in to this Agreement;

2.1.2 entering into this Agreement will not result in the terms of any agreement with a third party being breached;

2.1.3 the Vehicle is free from liens and encumbrances; and

2.1.4 there are no other facts or circumstances which would prevent or prohibit the Services or could lead to or give rise to any claims from a
third party against WLCS.

2.2 WLCS may at any time sub-contract, delegate or transfer all or any of its rights or obligations to a third party for the purpose of fulfilling its
obligations under the Agreement in whole or in part, provided that WLCS shall remain primarily liable to Customer for the performance of the
Services in accordance with the Agreement.

4.1 If Customer delays the collection of the Vehicle WLCS shall immediately be entitled to recover from Customer an administration fee equivalent to 1 (one) month’s Charges (the “Administration Fee”).

4.2 If Customer cancels the Agreement in addition to the Administration Fee WLCS shall be entitled to recover from Customer the total of the Charges in respect of the Initial Period or any extension thereof (as applicable). This sum shall immediately become due and payable as a debt on cancellation.

4.3 The sums that WLCS is entitled to recover from Customer pursuant to clauses 4.1 and 4.2 above are a genuine pre-estimate of the loss that WLCS would incur as a result of Customer’s delay in collecting the Vehicle and/or cancelling the Agreement and not considered a penalty.

5.1 WLCS shall invoice Customer in respect of the Charges in advance with the first payment becoming due at the time of WLCS’s acceptance of
Customer’s Vehicle for storage.

5.2 Save as otherwise provided in Clause 5.1 Customer shall pay all invoices within 14 (fourteen) days of the date of the relevant invoice to a bank account nominated by WLCS. Customer shall not be entitled to make any deductions or withhold or defer payment of the WLCS’s charges on account of any dispute, claim, counterclaim or set-off and Customer’s common law right of set-off is hereby expressly excluded.

5.3 Interest shall be charged on all overdue accounts calculated at the rate of 10% per annum above the base rate of the Bank of England accruing on a daily basis from the due date for payment up until the date of actual payment, whether before or after any judgment.

5.4 WLCS shall be entitled to recover from Customer all costs that it incurs as a result of recovering any overdue sums.

5.5 All Charges are exclusive of VAT (if applicable).

WLCS shall have a general and particular lien against Customer or the relevant owner of the Vehicle in respect of the Vehicle and all other property of Customer within WLCS’s possession for any monies due from Customer to WLCS. This lien shall not be discharged until all sums due and payable by Customer to WLCS have been paid in full. If any such lien is not satisfied within 3 (three) calendar months of WLCS demanding payment WLCS may at its absolute discretion sell the Vehicle or such other property, or part thereof, as agent for Customer or the relevant owner and apply the proceeds towards the monies due and the expenses of the retention, insurance and sale of the Vehicle and other property, and shall, upon accounting to Customer for any balance remaining, be discharged from all liability whatsoever in respect of the Vehicle and other property. Customer shall continue to be liable for all Charges that accrue up to and including the date on which the Vehicle and any other property is sold by WLCS.

7.1 WLCS will carry out an examination of the Vehicle at the Storage Premises to determine the condition of the Vehicle and shall document the same as part of the Vehicle Check-In process. Where an apparent defect is found such defect shall be noted on the Vehicle Check-In report.

7.2 Customer unconditionally acknowledges and agrees WLCS shall have no liability in relation to any disparity between the Vehicle Check-In report and such condition that Customer believes the Vehicle would have been in at the time the Vehicle Check-In Report was created.

7.3 WLCS shall not be liable to Customer in any way if the Vehicle suffers a mechanical and/or electrical fault or failure whilst in the custody of WLCS unless Customer conclusively shows that such fault or failure resulted directly from WLCS’s negligence.

7.4 Upon Customer requesting to remove the Vehicle from the Storage Premise, an examination of the Vehicle will be carried out and if no additional defects appear a Vehicle Release form will be issued to confirm this. Provided the Vehicle is in the materially same condition as set out in the Vehicle Check-In report WLCS shall have no liability to Customer in respect of the same.

7.5 Any claim by Customer against WLCS after Customer’s removal of the Vehicle from the Storage Premises in relation to the condition of the Vehicle must be made in accordance with clause 12 below.

Customer may request Additional Services from WLCS. If Additional Services are agreed between the parties, WLCS will provide Customer with a written statement of the cost of the requested Additional Services. Should the Customer wish to cancel or reduce (if applicable) the Additional Services, then the Customer must give 30 days’ written notice to WLCS. Payment for the additional services will be made monthly in advance unless advised otherwise by WLCS.

9.1 Without limiting their other rights or remedies Customer may terminate the Agreement at the end of the Initial Term by giving WLCS not less than 30 days (thirty) days’ prior written notice (“Initial Term Notice”) and such Initial Term Notice not to become effective prior to the expiry of the Initial
Term. If an Initial Term Notice is not given the Agreement shall automatically extend for further 1 (one) month periods (“Extended Term”) until Customer gives not less than 30 days (thirty days) prior written notice to terminate the Agreement upon the expiry of such Extended Term
(“Extended Term Notice”) and such Extended Term Notice shall not to be effective prior to the expiry of such Extended Term.

9.2 Without limiting its other rights or remedies WLCS may terminate the Agreement with immediate effect by giving written notice to Customer if:

9.2.1 Customer commits a material or persistent breach of the Agreement and (if such a breach is remediable) fails to remedy that breach within
seven (7) days of receipt of notice in writing of the breach; or

9.2.2 Customer experiences an insolvency event, is deemed unable to pay its debts as they fall due or suspends or ceases, or threatens to suspend or cease, to carry on a significant part of its business; or

9.2.3 at any time on giving Customer 30 (thirty) days prior written notice.

9.3 On termination of the Agreement WLCS shall make the Vehicle available for collection by Customer at the Storage Premises within 7 (seven) days of the date of termination of the Agreement.

9.4 If Customer fails to collect in accordance with the provisions of Clause 9.3, Charges shall continue to accrue and shall be due and payable by Customer to WLCS up until Customer collects the Vehicle or the Vehicle is sold pursuant to Clause 9.5.

9.5 If within 3 (three) calendar months from the date of termination of the relevant Agreement Customer fails to collect the Vehicle WLCS shall be entitled to sell the relevant Vehicle and Customer shall be liable for all Charges that accrue up to and including the date on which the relevant
Vehicle is sold.

10.1 Nothing in this Agreement shall limit or exclude WLCS’s liability for:

10.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

10.1.2 fraud or fraudulent misrepresentation; or

10.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

10.2 Subject to clause 10.1:

10.2.1 WLCS shall under no circumstances whatever be liable to Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Agreement;

10.2.2 WLCS shall not in any circumstances be liable for loss of or damage to the Vehicle (whether direct or indirect) after Customer’s collection if at collection the condition of the Vehicle corresponds with the relevant Vehicle Check-In report; and

10.2.3 WLCS’s total liability to Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total of the Charges paid by Customer to WLCS in the 12 (twelve) months prior to the event that gave rise to such liability.

10.3 Except as set out in the Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.

11.1 WLCS requires and Customer shall comprehensively insure the Vehicle for its full market value at all times and provide WLCS with evidence of such insurance on demand. Furthermore Customer undertakes to notify their insurance company of their intention to procure the Services, and upon request to obtain from their insurer and provide to WLCS a written subrogation waiver in favour of WLCS and its insurers.

11.2 Customer acknowledges and accepts that WLCS shall have the right to insist WLCS arrange insurance of the Vehicle during the provision of the
Services and in such circumstances to require Customer to pay the relevant insurance premium. Failure by Customer to pay such insurance premium on demand shall entitle WLCS to immediately terminate this Agreement. For the avoidance of doubt, where WLCS arrange insurance of the Vehicle such insurance will not cover the Customer to drive the Vehicle nor shall WLCS have any responsibility or liability for the same.

11.3 WLCS maintains insurance on all Vehicles in its storage but any claim against WLCS is subject to the exemption and limitation clauses set out in this Agreement. Save where the provisions of Clause 11.2 apply, it is Customer’s sole responsibility to make sure Customer’s own insurance policy covers Customer for all risks incurred in putting Customer’s Vehicle into storage with WLCS.

12.1 Subject to clause 12.3 below, all claims for damage to any Vehicle shall be made in writing by Customer upon the earlier of (i) 24 hours of becoming aware of such damage, and (ii) removal from storage and in each case confirmed in writing within 24 hours. To the extent Customer does not raise any claim as specified above they shall be deemed to have accepted the Vehicle in the condition it was in when notified or collected (as applicable) and WLCS shall have no liability in relation to the same.

12.2 Subject to clause 12.3 below, all claims for loss of or failure to produce any Vehicle shall be made in writing by Customer within 7 (seven) days after the date when the Vehicle should in the ordinary course of events have been removed from storage and to the extent that Customer fails to raise such claim within that 7 (seven) day period WLCS shall be under no liability in relation to the same.

12.3 If Customer is able to prove that:

12.3.1 it was not reasonably possible for it to raise a claim in writing within the time limit applicable; and

12.3.2 the time within which it did raise a claim was reasonable, taking into consideration the relevant circumstances,
the exclusion of liability afforded by clauses 12.1 and 12.2 above may be disapplied.

13.1 Customer shall indemnify WLCS against:

13.1.1 any and all consequences suffered or incurred by WLCS (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the Storage Premises and to other goods stored) of any error, omission, mis-statement by Customer or other owner of the Vehicle or by any servant or agent of either of them;

13.1.2 any and all consequences suffered or incurred by WLCS (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss) as a result of any breach of this Agreement or any warranty, representation or undertaking contained
herein, by Customer;

13.1.3 any and all claims and demands whatever by whoever made in excess of the liability of WLCS under this Agreement; and

13.1.4 any and all claims and demands made by any third party that have arisen in relation to or in connection with the Vehicle.

WLCS shall in no event be responsible for any delay or failure in performance of any obligations under the Agreement resulting from circumstances beyond its reasonable control.

Save as provided in Clause 3, this Agreement may only be varied if such variation has first been agreed in writing by WLCS.

The Agreement does not create, and shall not be construed as creating, any right under the Contracts (Rights of Third Parties) Act 1999 or otherwise which is enforceable by any person who is not party to the Agreement.

Any notice given to a party under or in connection with this Agreement shall be in writing and shall be sent by email to the addresses specified in this Agreement or such other email address as advised by one party to the other from time to time. A notice shall be treated as having been received at the time of transmission, or, if this falls outside business hours in the place of receipt, when business hours resume. In this clause business hours mean 9:00am to 5:00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

If any provision in the Agreement shall be deemed unlawful, void, or unenforceable, then that provision shall be severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions contained in the Agreement.

On termination of the Agreement (howsoever arising) clauses 2, 4, 5, 6, 7, 10, 11, 12, 13, 16, 20 and 21 of these Terms and Conditions shall survive
and continue in full force and effect.

This Agreement constitutes the entire agreement between the parties and supersede any previous arrangement, understanding or agreement
between them relating to the subject matter of the Agreement.

This Agreement will be governed by and construed in accordance with the laws of England and WLCS and Customer hereby submit to the exclusive jurisdiction of the English Courts with regard to any dispute whether or not contractual arising out of or in connection with this Agreement.