Terms & Conditions – Commercial

1. GENERAL
   1.1  Acceptance of any quotation whether verbally or written (including e-mail) sent and received by a potential or existing customer and subsequently positively responded to by said customer (verbally, written or electronically) will be deemed as full acceptance of these terms.
   1.2  These terms are the only terms on which Peaks Storehouse Ltd. (hereon known as “the Company”) contracts with the customer.
   1.3  “Goods” means all goods, services, rents and other things invoiced by the company to the customer whether or not supplied in conjunction with work to be done by the company.
   1.4  “Work” means any work to be done by the company whether by way of service or otherwise.
   1.5  The customer will be deemed to have accepted these terms of business if they agree or give instruction by any means for work to be done or goods to be supplied.
2. TIME
   2.1  The company will use its best efforts to do work or supply goods within any time period notified to the customer. However time shall not be of an essence and the company will not be liable for any delays
3. COMPLETION OF WORK AND PAYMENT
   3.1  The customer will pay the company for all work done and any goods supplied or delivered as well as any storage charge by the end of the month following the month of invoice, other then any lease agreement.
   3.2  Interest at the rate of 4% over bank base rate (apportionable by the day) will accrue on all overdue payments “late payment Act 1998” for leasehold tenants
   3.3  Interest at the rate of 8% over bank base rate (apportionable by the day) will accrue on all overdue payments “late payment Act 1998” for ALL other clients
   3.4  Additional to the above interest charge, a debt recovery charge will be made on amounts of;
   up to £999.99 charged at the rate of £40
   £1000 to £9999.99 charged at the rate of £70
   £10000 or more charged at the rate of £100
   3.5  All instances of dissatisfaction with any goods or service or invoice disputes must be notified to the Company’s office within 7 days.
   3.6  All charges are subject to VAT @ the prevailing rate, unless not qualified for
   3.7 OUR RIGHT TO HOLD THE GOODS (LIEN)
   We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. (See also Clause 3.1). These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
   3.8  In the instance of non-payment of account the company reserves the right to instruct a member of our associated collections agency for the recovery of the outstanding amount.
   3.9  RIGHT TO REMEDY DAMAGED BOXES
   We reserve the right to repack any archive boxes that are deemed to be too dangerous to handle and charge for materials used, accordingly
4. SUB CONTRACTING
   4.1  The company shall be entitled to carry out it obligations under these terms by sub contactors but shall be responsible for quality of sub contractor’s work.
5. HEALTH & SAFETY
   5.1  When the customer is visiting the company’s warehouse the customer must observe the health and safety regulations and be aware of all fire exits.
6. LOSSES OR DAMAGE
   6.1   The company is only responsible for loss or damage caused by the negligence of the company or its employees. The customer is strongly advised to take insurance cover for their goods while in the company’s warehouse as no cover for customer’s goods by the company is in force unless a separate agreement has been made.

Terms & Conditions of Licence of a Unit/Area to Store Goods

In the terms & conditions, the following words have the following meanings:-

• Access hours – the hours we permit you to access the unit/area

• This licence – these terms & conditions and the information set out in customer licence

• Customer licence – the licence signed by you

• Licence period – the period commencing on the start date and ending on the termination date

• Initial payment – the amount specified in the customer licence

• Start date – the date specified in the customer licence

• Due date – the start date for the first four weeks of storage and the corresponding date for each following period of four weeks

• The goods – anything you warehouse in the unit/area at any time

• Other charges – our fees for the sale of general merchandise, extended access, transportation, rental of equipment or any other service and any VAT payable that may be incurred by you from time to time

• Our licence fees – the amount specified on your invoice (based on the weekly fee specified in the customer licence) plus any other charges which shall also be paid by you where it is or becomes applicable

• Prompt payment – in respect of the payment of each and every sum due under this licence, payment on the due date or within two working days afterwards, and in respect of any sum being due under any agreement between you & us, payment within five days of that sum being demanded in writing

• Warehouse – the premises in which the unit/area is situated

• Termination date – the date of termination of this licence in accordance with condition 26

• Unit/area – the storage unit/area specified in the customer licence or any alternative storage unit/area we may from time to time in our absolute discretion specify under condition 11

• We, us, our – the unit/area provider named as the licensor in the customer licence

• You, your – the licensee named in the customer licence

1. all sums payable under the terms & conditions of this licence will be exclusive of any VAT
2. all unit/area sizes are approximate and we accept no responsibility for their accuracy. In agreeing to our licence fees you accept it applies to the unit/area you use and not any unit/area represented.
3. so long as our licence fees are paid up to date, we licence you, but no other person.
   to use the unit/area for the storage of goods in the Unit/area in accordance with this licence during the licence period;
   and
4. to have access to the Unit/area at any time during the Access hours of the licence period only (24 hour or non-24 hour) for the purposes of depositing, removing, substituting or inspecting the goods and your regular inspection of the Unit/area for damage or unsuitability of the goods. No access to the Unit/area will be permitted for any other purposes or outside access hours. We will try to provide advance warning of changes in access hours by notices at the unit/area, but we reserve the right to change access hours to other reasonable access times at any time without giving prior notice.
5. Only you and persons authorised in writing or accompanied by you (“authorised persons”) will be allowed to have access to the unit/area. Any such person is your agent for whose actions you are responsible and liable to us and other users and licensees of units/areas at the warehouse. You may withdraw any authorisation at any time, but the withdrawal will not be effective until we receive it in writing. We may ask for proof of identity from you or any other person at any time (although we are not obliged by this licence or otherwise to do so) and we may refuse access to any person (including you) who is unable to provide satisfactory proof of identity. We may refuse you or your agent’s access at any time if we consider in our sole discretion that the safety of any person at the warehouse, or the security of the unit/area or its contents, or other units/areas at the warehouse or their contents will be put at risk.
6. We will contact, disclose, discuss and provide access to your account details to, and otherwise deal with (as your agent), persons authorised by you in writing or identified by you to us as your alternative contact person(s)
   (“alternative contacts”) in accordance with, and to the extent of, your instructions. In addition, in the event that we are unable to contact you at your contact details specified in the customer licence (as amended or updated from time to time by notice in writing by you to us) for any reason, we may and you hereby authorise us to contact, disclose, discuss and provide access to your account details, and otherwise deal with (as your agent), such alternative contacts for the purposes of and in relation to this licence. You warrant that you have the right to provide to us the personal data of such alternative contacts and to authorise our use of such data for this purpose.
7. If renting a 24 hour access unit, you are responsible for providing a secure padlock for the unit (either purchased from us or sourced by yourself). You must ensure that the unit is locked so as to be secure from unauthorised entry at all times when you are not using the unit and that it is alarmed when you leave the warehouse. We will not be responsible for locking any unlocked unit. You are responsible for removing the lock from your unit (if it is one that has been provided by you) on the termination date. You should not leave your key with or permit access to your unit to any person other than your own agent, who is responsible to you and subject to your control and if you do so, you do so at your own risk whether or not any such person is our employee or agent. We do not accept any liability for any person including our employees or agent holding you key and having access to your unit and any such acts as your agent only.
8. You permit us and our agents and contractors to access the unit/area and if necessary we may break the lock to gain access:
   8.1  if we give you not less than seven days’ notice so that we may inspect the unit/area or carry out repairs, maintenance & alterations to it or any other unit/area or part of the unit/area;
   8.2  at any time without notifying you:
   8.3  if we reasonably believe that the unit/area contains any items described in condition 8 or is being used in breach of condition 9;
   8.4  for the purpose of ascertaining whether the unit/area contains any items described in condition 8 or if we reasonably consider that such access is necessary to ascertain whether action needs to be taken to prevent injury or damage to persons or property;
   8.5  if we are required to do so by the Police, Customs, Fire Services, Local Authority or by a Court Order;
   8.6  for any purpose including that in condition 5.1, if we believe it is necessary in an emergency;
   8.7  to obtain access in accordance with condition 11;
   8.8  to obtain access in accordance with our powers pursuant to condition 18; or
   8.9  to prevent injury or damage to persons or property.
9. You warrant that throughout the licence, the goods in the unit/area from time to time are your own property or that the person who owns or has an interest in them has given you irrevocable authority to warehouse the goods in the unit/area on the terms & conditions in this licence and that you act as a duly authorised agent of any such person. You indemnify us against any loss or damage suffered by us for breach of this warranty including any against any loss, damage or expenses incurred by us (including any reasonably incurred legal fees) arising from any step or action taken by any person who owns or has an interest in the goods.
10. We reserve the right to refuse to permit you to warehouse any goods or require you to collect any goods from the unit/area if in our opinion the safety of any person at the unit/area, or the security of the unit/area or its contents, or other units/areas at the warehouse or their contents would be put at risk by the storage or continued storage of any such goods.
11. You must not warehouse (and you must not allow any other person to warehouse) any of the following in the unit/area:
12. food or perishable goods (other than in accordance with condition 41) unless approved by us and provided that they are protected from and do not attract vermin;
13. plants, birds, fish, animals or any other creatures;
14. combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;
15. firearms, weapons, ammunition, explosives or the components thereof;
16. chemicals, radioactive materials, biological agents;
17. toxic waste, asbestos or other materials of a potentially dangerous nature;
18. any item which emits any fumes, smell or odor;
19. any illegal substances, illegal items or goods illegally obtained;
20. compressed gases; or
21. any item of high value requiring specialist storage (including without limitation jewellery, money, bullion, deeds, bonds, securities, stamps, antiques, fine art or fine wines (other than in accordance with condition 41)).
22. you must not (and you must not allow any other person to):
23. use the unit/area or do anything at the unit/area or in the unit/area which may be a nuisance to us or the users or licensees of any other unit/area or any person at the warehouse;
24. do anything at the unit/area or in the unit/area which may invalidate any of our/your/other customers insurance policies or increase the premium payable on them;
25. use the unit/area as offices or living accommodation or as a home or business address an not use the address of the unit/area for receiving or sending mail;
26. spray paint or do any mechanical work of any kind in the unit/area;
27. attach anything to the internal or external surfaces of the unit/area or make any alteration to the unit/Unit/area
28. allow any liquid, substance, smell or odor to escape from the unit/area or any noise to be audible or vibration to be felt outside the unit/area:
29. cause any damage to the unit/area or any other unit/area or the warehouse or its facilities or to the property of us or any other warehouse users or licensees or other person at the warehouse and if you cause any damage you must (at our option) repair, restore or replace such damage or item or reimburse the costs of making necessary repairs, restoration or replacement or make proper compensation;
30. leave anything in or cause any obstruction or undue hindrance in any passageway, stairway, service area or other part of the warehouse and you must at all times exercise courtesy to others and reasonable care for your own safety and that of others in using these areas;
31. leave any waste or refuse that is created by storing the goods and you will be charged the reasonable costs of disposing of such waste or refuse if you fail to comply with this undertaking; or
32. connect or provide any utilities or services to the unit/area unless authorised in advance in writing by us.
33. you must (and you shall procure that your agents must):
34. use reasonable care when at the warehouse or using the unit/area and take all reasonable care in respect of the unit/area, the warehouse and the property of us or any other unit/area users or licensees or other persons at the warehouse;
35. inform us immediately of any damage or defect to the unit/area;
36. comply with the reasonable directions of any of our employees, agents and contractors at the warehouse and any further regulations for the use, safety & security of the unit/area and the warehouse which we may issue from time to time;
37. pay for the reasonable cost of repairs or cleaning or making good to your unit/area or our warehouse, of any damage caused by you or your agents, including but not limited to your removal, haulage or delivery contractors; and
38. submit to us an inventory of the goods upon our request for the same
39. This licence shall not confer on you any right to exclusive possession of the unit/area.
40. we may at any time by giving you seven days’ written notice, require you to remove the goods from the unit/area to another unit/area specified by us, which shall not be smaller than the current unit/area
41. in the event of a fire or flood or other incident or occurrence at the warehouse which in our opinion requires the unit/area or any part of the warehouse to be closed or sealed off;
42. or
43. if We close the warehouse or any part of the warehouse for redevelopment, in which case we may require you to remove the goods from the unit/area to another unit/area in another warehouse, which we will try to ensure is as near as possible to the warehouse in the given circumstances.
44. We agree to pay your reasonable costs of removal which have been approved in writing by us in advance of the removal.
45. If you do not arrange the removal of goods to the alternative unit/area by the date specified in our notice, we and our agents and contractors may enter the unit/area and do so. In doing so, we and our agents and contractors will act as your agent and the removal will be at your risk (except for loss or damage caused willfully or negligently by us and our agents and contractors, subject to the aggregate limit of our liability of £100).
46. lf the goods are moved to an alternative unit/area, this licence will be varied by the substitution of the alternative unit/area number but shall otherwise continue in full force and effect and our licence fees at the rate set out in the home or business address and not use the address of the customer licence will continue to apply to the alternative unit/area;
47. you must pay us our licence fees for the agreed period of storage on signature of this licence and thereafter must pay our licence fees on the due date
48. we may alter our licence fees at any time by giving you written notice and the new licence fees shall take effect on the first due date occurring not less than four weeks after the date of our notice.
49. if you do not pay our licence fees within ten days after its due date, you must immediately on demand pay us an administrative charge for late payment (the ‘late charge’) which is the larger of 10 per cent of our licence fees or £10.If your failure to pay our licence fees continues for fifteen days or more after its due date and/or you fail to pay the late charge on demand, the amounts outstanding shall incur interest at the rate of 5% above the base rate of NatWest Bank PLC, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgment. We may, in our sole discretion, require you (as an alternative) to pay us interest on the amount of licence fees overdue at the rate of 5% above the base rate of NatWest Bank PLC, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgment. The late charge (or interest) shall be payable whether or not we exercise the right of sale under this licence.
50. if You do not pay any of our licence fee by its due date we may (in our sole discretion) immediately without notice to  you withdraw any further discounts, deductions or  other rebates on the licence fee agreed to be granted by us to you. On each occasion any amount submitted by you by way of payment of our licence fees is dishonoured, at our option you must immediately on demand pay us an administrative charge of £15. Furthermore, once a payment method has been dishonoured we can no longer accept payment in this form and require settlement of your outstanding account by cash, debit card or credit card.
51. You must pay us your first months charge on your signature of this licence. After this licence terminates, After this licence terminates, we may in our sole discretion add to the final invoice to cover:
52. any breach of conditions 9 and 10 above;
53. any of our fees which have not been paid or any unpaid removal or other charges; or
54. Any other obligation to us that you have not performed.
55. we reserve the right to charge any sums accruing in respect of repairs or cleaning or the making good of your breach of this licence or the conditions which we consider is required as a direct or indirect result of the storage of the goods within the warehouse in order to bring the warehouse up to substantially the same standard and condition as it was at the start date and any sums accruing in respect of removal costs or any arrears of our licence fees.
56. We will refund any monies owed to you within 14 days of the termination date. Any such refund will be by company cheque or an electronic transfer to a credit/debit card. No refunds will be given by cash monies.
57. the prompt payment of each and every sum (including interest) whether invoiced or not, owing from you to us from time to time under this licence or any other agreement between you and us (in this condition called “your debt”) is of the essence of this licence
58. The terms of this condition are additional to and without prejudice to all or any rights we may have at common law or otherwise.
59. In the event of a default of the prompt payment of your debt:
60. we are relieved of any duty howsoever arising in respect of the goods; and
61. the goods are held solely at your risk and we shall be able to immediately exercise the lien described below
62. we have a lien over the goods for your debt until payment of your debt in full has been received by us in cash or, if by cheque, until the cheque has been paid by your bank and after this lien becomes exercisable by us the following conditions shall apply:
63. you shall pay us fees and charges at the same rates as under this licence and if this licence has been terminated, the relevant rate at which such fees and charges will be payable by you will be the rate which was payable immediately prior to termination; and,
64. in default of the prompt payment of your debt, you authorise us:-
65. to refuse you and your agents access to the goods, the unit/area and the warehouse;
66. to access the unit/area and inspect and remove the goods to another unit/area or warehouse; and
67. to hold onto and/or ultimately dispose of some or all of the goods;
68. in the event that your debt is not paid 30 days after the due date or you fail to collect the goods after we have required you to collect them or upon expiry or termination of this licence, we may, subject to condition sell the goods and pass all ownership to them and use the proceeds of sale to pay first the costs incurred by us and secondly in paying your debt and to hold any balance for you. Interest will not accrue to you on the balance;
69. if the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by us and your debt, you must pay any balance outstanding to us within seven days of a written demand from us, which will set out the balance remaining due to us after the net proceeds of sale have been credited to you. Interest will continue to accrue on your debt until payment has been made.
70. before we sell the goods, we will give you notice in writing of the amount of your debt at the date of the notice and that in default of payment within 10 days of the date of the notice, we will sell the goods. We do not agree to give you any further notice of any intended sale;
71. We will sell the goods by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale.
72. If the goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite our efforts, you authorise us to treat them as abandoned by you and to destroy or otherwise dispose of them at your cost.
73. You will pay our reasonable costs incurred in administering the debt collection and sale process described in this condition. These costs will include (without limitation) auction costs, removal costs, cleaning costs and charges for our own time.
74. because the nature and type of the goods being warehoused by you from time to time is entirely within your discretion (subject to conditions 8 and 9):
75. You must ensure that the unit/area is suitable for the storage of the goods that you store or intend to store in it. We do not warrant or represent that any unit/area allocated to you is a suitable place or means of storage for any particular goods. we strongly advise you to inspect the unit/area before storing goods in the unit/area and from time to time throughout the period of this licence;
76. you must ensure that when the goods are presented for storage, they will be securely and properly packed or bottled (as the case may be) and in such condition as not to cause damage or injury to the warehouse or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances or otherwise howsoever; in addition, the goods will not be perishable or include any animal or other living creature; and
77. You must complete an inventory of your goods. We do not inspect the goods when they arrive at the warehouse and we do not keep any records concerning, or (save as requested pursuant to condition 10.5) any inventory of the goods, nor do we have any knowledge of their nature, condition or state of repair.
78. In the event that you do not pay our licence fees or charges, the goods are left in the unit/area at your sole risk. We exclude any liability in respect of the goods when payment of our licence fees or charges is overdue and exclude any duty of care howsoever arising.
79. Insurance cover.
80. It is a requirement from us that you take adequate cover of insurance for your goods whilst they are in storage.
81. We do not offer any insurance on your goods whilst in storage.
82. Storage of goods in the unit/area is at your sole risk.
83. We do not give advice concerning insurance cover.
84. We do not exclude liability for physical injury to or the death of any person and which is a direct result of our negligence or willful default or that of our agents and/or employees or ‘for any matter which cannot be excluded by law.’
85. you will indemnify us against all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our servants, agents or other unit/area users or licensees or persons at the warehouse which arise out of the use of the unit/area or the warehouse by you or any of your servants, agents or invitees or arise out of the breach of this licence by you.
86. In the event of circumstances which are outside our reasonable control and their consequences, we do not agree and are not obliged by this licence to maintain the safety or security of the goods, the unit/area or the warehouse in order to keep the goods free from damage or loss. Neither you nor we shall have any liability under or be deemed to be in breach of this licence for any delay or failure in performance of this licence, which results from circumstances beyond the reasonable control of that party. Such circumstances include any act of god, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or access of any unit/area including the unit/area or the warehouse by, or arrest or seizure or confiscation of goods by competent authorities.
87. this licence may be terminated by you or us in accordance with condition
88. either you or we may terminate this licence: by giving not less than seven days‘ written notice to the other ending on any due date and termination will take effect from that due date, which shall be the termination date (should this licence not be terminated on the due date you will be given a further seven days grace, after which it will be assumed that you have not served written notice on us of your intention to terminate); or
89. Immediately by giving written notice to the other if it commits a serious breach of any term of this licence and (in the case of a breach capable of being remedied) shall have failed within 15 days after service of a notice to do so, to remedy the breach. Serious breach includes a failure by you to pay all our licence fees and other charges due to us under this licence. The termination date shall be the date the notice is effectively served on you in accordance with condition 38.
90. Immediately on the termination date, you must remove all goods from the unit/area and leave the unit/area clean and tidy and in the same condition as at the start date. If you do not do so, you shall pay our costs of cleaning the unit/area or disposing of any goods or rubbish left in the unit/area or at the warehouse. In default of prompt payment of our licence fees and any payments due to us under this licence, we are relieved of any duty howsoever arising in respect of the goods and they are held solely at your risk. We may treat goods remaining in the unit/area after the termination date as abandoned and may dispose of them in accordance with conditions 18.6 and 18.8.
91. Where this licence has terminated and you have paid more of our licence fees and charges than are due at the termination date, we will refund the balance to you after deduction of any payments due to us. No interest will accrue on any money held by us for you. Where any payments are still outstanding from you, you must pay us in full including any outstanding interest before we will release the goods to you.
92. You agree to examine the goods carefully upon removing them from the unit/area and must tell us about any loss or damage to the goods as soon as is reasonably possible after doing so. In any event, we need to inspect any damage to the goods and to take photographic evidence, before you can proceed with any insurance claim for loss or damage.
93. Any delay by us in exercising any of our rights under this licence will not affect our rights or be a waiver of those rights, nor will any partial exercise of any right exclude a further exercise of that right.
94. Every provision in this licence is severable and distinct from every other provision and if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way.
95. We may, at any time, unilaterally vary any of the terms of this licence provided that such variation is in writing and signed by one of our Directors. None of our other employees or agents has any authority to vary this licence on our behalf whether orally or in writing or to make any representation of fact that is or may be inconsistent with the terms of this licence.
96. You may not assign any of your rights under this licence or part with possession of the unit/area or the goods whilst they are at the warehouse to any other person, firm or company and a breach of this condition is a serious breach under condition 26.2.
97. you agree that it is not the intent of this licence to confer any rights on any third parties by virtue of this licence and accordingly the contracts (rights of third parties) Act. 1999 shall not apply to this licence.
98. This licence shall be governed by English law and you and we submit to the exclusive jurisdiction of the English courts.
99. This licence shall not create a tenancy or lease or the relationship of landlord and tenant between you and us or constitute us as bailees of goods.
100. Where you are two or more persons your obligations under this licence shall be obligations of each of you separately.
101. Any notice given by us to you under this licence must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by pre-paid post. Your address for service of notices shall be your e-mail and/or postal address written on the customer licence or any other address in England, Scotland or Wales which you have previously notified to us in writing. Any notice to you will also be sent to any owner (whether sole, joint, or co-owners) the name and address (including e-mail address) of whom we have been previously notified by you. Any notice given by you to us must be in writing and maybe served by personal delivery or by pre-paid post. Our address for service of notices shall be our address set out on the customer licence. A notice will be served at the time of personal delivery or forty eight hours after it has been placed in the post, or at the time the e-mail was sent by us (in respect of any e-mail notices sent by us to you).
102. You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details, stated on this licence.
103. We are Peaks Storehouse Ltd. For more information on our company please visit www.peaks-storehouse.co.uk and click on “About Us” or please telephone 01223 210691.
104. We process the information given by you in the customer, licence, including your personal data, (“your data”) in accordance with the Data Protection Act 1998.
105. Your data will be used for the purposes of this licence, processing payments, communicating with you, and generally maintaining your account with us.
106. We will release your data and other account details at any time if we consider in our sole discretion that such release is appropriate to comply with the law, to enforce this licence, for fraud protection and credit risk reduction, or to protect the safety of any person at the warehouse, or the security of the unit/area or its contents, or other unit/areas at the warehouse or their contents will be put at risk.
107. In the event that we sell or buy any business or assets, we may disclose your data and account details to the prospective seller or buyer of such business or assets or if we or substantially all of our assets are acquired by a third party, your data and account details will be one of the transferred assets.
108. You consent to our use of your data for our marketing and other like or related purposes, including providing you with information, products or services that you request from us or which we feel may interest you. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these. Your choice with regard to the relevant use of your data is indicated in the customer licence.
109. Before taking any court proceedings for anything arising out of this licence (apart from emergency court proceedings), the complaining party shall inform the other person in writing of the dispute in as much detail as possible and you and we agree to try informal conciliation within twenty business days of the notice of the dispute. If the dispute cannot be resolved, you and we agree to use the centre for alternative dispute solution to try to resolve the dispute amicably by using an alternative dispute resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within 90 days after notice of the dispute has been given, you or we may submit the dispute to the Court. This condition does not affect the right of either you or us to terminate this licence.
110. You warrant to us as follows:
111. all taxes and duties have been paid on the goods and you shall reimburse us against all duties and taxes that we may be required to pay in respect of the goods;
112. that you will be liable for any breach of Customs regulations relating to the goods and you undertake to indemnify us and keep us indemnified against all actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of the same;
113. and
114. That you have complied with condition 19.
115. You must not open any bottles or containers and/or consume any wine or alcoholic beverages within the warehouse, unless approved by us on each occasion in advance.