STORAGE AND RETRIEVAL AGREEMENT
TERMS AND CONDITIONS
In these terms and Conditions, unless the context requires otherwise, the following
expressions will have the following meanings:
1.1. “Agreement” means the agreement between the Client and TWM for the
storage and retrieval of Documents, comprising the Particulars, the Charges
Schedule, these Terms and Conditions and TWM’s general Terms and
Conditions of Business;
1.2. “Charges” means the charges payable by the Client to TWM for the storage
and retrieval of Documents under the Agreement;
1.3. “Charges Schedule” means the Schedule of Charges issued by TWM from
time to time. The Charges Schedule in force at the date of this Agreement is
attached to this Agreement;
1.4. “Client’s Address” means the address of the Client as specified in the
1.5. “Documents” means papers, letters, deeds, or other documents placed into
storage with TWM by the Client, whether stored individually or in an
envelope or box;
1.6. “Loss” includes (without limitation) theft, loss, destruction, damage,
unavailability, contamination, deterioration, delay, non-delivery, mis-delivery,
unauthorised delivery, non-compliance with instructions or obligations, or
incorrect advice or information.
1.7. “Normal Working Hours” means the hours between 9am and 5pm on
Monday to Friday inclusive but excluding statutory bank and public holidays;
1.8. “Storage Year” means a period of 12 calendar months commencing on the
Commencement Date or on any anniversary thereof.
2. DOCUMENT DEPOSIT
2.1. The Client warrants that the Client is either the owner of the Documents or is
authorised by their owner to place them into storage with TWM on the terms
and conditions of the Agreement.
2.2. The Agreement is limited to the storage of Documents and the Client
warrants to TWM that any envelope or box will contain nothing other than
Documents and, in particular, will not contain anything which is hazardous
or contaminated, may cause pollution of the environment or harm to human
health if it escapes from the envelope or box, or which requires any official
consent or licence to handle, possess, or deal with.
2.3. The Client undertakes not to store Documents with TWM for any illegal,
immoral, obscene or defamatory purpose and acknowledges that TWM may
report the same to the police or other relevant authority if the Client does so.
2.4. TWM is not responsible for checking any Documents deposited with it on
their arrival at its premises and shall not be liable for any actual or alleged
damage to or shortfall of such Documents upon their arrival at its premises.
2.5. The Client may only deposit Documents with TWM in boxes supplied by
TWM or alternatively, in boxes previously approved by TWM. TWM
reserves the right to refuse storage of any Documents which are boxed in a
manner deemed by TWM to be inappropriate.
2.6. At the time of deposit by the Client, Documents will be recorded in a
register, against the name of the Client. The register will also record the
storage location of the Documents and the Client’s Address.
2.7. If the Documents include the Client’s Will, the Client shall notify TWM at
the time of deposit of the identities of the Executors of the Will, so that
access to the Will may be authorised by TWM on proof of the death of the
2.8. If the Client’s Will is deposited in a sealed envelope, it must be clearly
marked as a Will on the outside of the envelope.
3. DOCUMENT STORAGE
3.1. TWM will use its reasonable endeavours to store the Documents securely.
3.2. Whilst it is anticipated that the Documents will remain at the branch where
they were deposited, TWM reserves the right in its absolute discretion to
change the location of the Documents to another of its branches, and to
subcontract to an authorised third party of its choosing.
3.3. TWM will only permit access to the Documents by the Client, the Client’s
Nominated Representative, TWM’s authorised employees, agents and subcontractors, unless required to produce the Documents by a Court of Law.
3.4. Should TWM elect to subcontract the storage of Documents, TWM reserves
the right to permit transportation of the Documents to the subcontractor’s
document storage facility.
4. DOCUMENT RETRIEVAL
4.1. The Client may retrieve on request any Document previously deposited with
TWM, but shall only be permitted to do so by sending, within Normal
Working Hours, a retrieval request in writing (email, fax or letter), signed by
the Client or the Client’s Nominated Representative, requesting the retrieval
and clearly identifying the Documents to be retrieved.
4.2. TWM reserves the right to refuse retrieval until receipt of such written request
is received and all outstanding Charges have been paid. TWM may in its
absolute discretion accept a retrieval request made on the telephone by the
Client in urgent or other extreme circumstances, but TWM’s decision as to
whether to accept a telephone request for retrieval will be final.
4.3. If the Client requests that the Documents are sent by post, TWM will send the
requested documents only to the Client’s Address. If the Client requests the
documents be sent by recorded or registered post, or by any other form of
special delivery, resulting in TWM incurring additional costs, these costs shall
be borne by the Client.
4.4. Alternatively TWM will allow collection of the documents in person, on
production of identification acceptable to TWM, by the Client or the Client’s
Nominated Representative, who shall sign a receipt in the form required by
TWM as proof of collection.
4.5. If requested by the Client, TWM shall use its reasonable endeavours to
provide a same day retrieval service. Any expenses associated with providing
same-day retrieval that are incurred by TWM (such as, but not limited to, a
courier service) shall be borne by the Client.
4.6. All retrievals of Documents by the Client (following submission of delivery
requests to TWM) shall be regarded as temporary only, such that the Client
may return the document within the Storage Year, without incurring
additional Charges other than for the retrieval itself, unless TWM receives
written notification from the Client that such retrievals are permanent.
Permanent withdrawals will incur a further Charge as specified in the Charges
4.7. The Client shall be responsible for checking any retrieved Documents and the
Client or the Client’s Nominated Representative shall sign (with name printed
beneath) the TWM register forthwith upon collection and such signature shall
be deemed to be conclusive evidence that the correct Documents have been
delivered to the Client by TWM.
5.1. The Client shall pay the Charges for TWM’s storage and retrieval of the
Documents as set out in the Charges Schedule.
5.2. Storage Charges shall be payable for the Storage Year annually in advance,
and retrieval Charges shall be payable on the occasion of each retrieval
(whether temporary or permanent).
5.3. Storage charges for Documents permanently retrieved part way through the
Storage Year will not be credited to the Client.
5.4. Payment is due in accordance with TWM’s Terms and Conditions of
Business, a copy of which has been supplied to the Client before the date of
the Agreement (as the Client hereby acknowledges) and further copies are
available on request.
5.5. Interest shall be paid on money overdue to TWM as provided in TWM’s
General Terms and Conditions of Business.
5.6. TWM shall be entitled to review and alter its Charges for storage and/or
retrieval with effect from each anniversary of the Commencement Date, and
shall notify the Client of any alterations as provided in Clause 9.
5.7. TWM reserves the right to suspend the Client’s access to the Documents until
such time as the Client shall have paid all outstanding Charges in full.
5.8. TWM shall have a particular lien as well as a general lien over all Documents
deposited with it by the Client from time to time, entitling it to retain the same
as security for payment of all and any sums due from the Client, whether
under the Agreement or on any other account. Storage charges shall continue
to accrue on any documents retained under lien.
6. LIMITATIONS AND EXCLUSIONS OF TWM’S LIABILITY
6.1. TWM shall not be liable for any failure to perform its obligations under the
Agreement, including any delay in retrieving Documents, where such failure
is caused wholly or partly by any failure of the Client to comply with the
terms and conditions of the Agreement or by any circumstances beyond
TWM’s reasonable control (including, without limitation, flood, fire,
explosion, adverse weather conditions, accident, Act of God, war, civil
disturbance, requisitioning, governmental or parliamentary restrictions,
prohibitions or enactments of any kind, strike, lock-out, fire, accident or
traffic delays) but TWM in such circumstances will endeavour to inform the
Client of the situation and will perform its obligations as soon as reasonably
possible after such circumstances have ended.
6.2. TWM will not insure the Documents, and the Client shall make arrangements
to cover them against all risks to their full insurable value. The Client shall
carry out its own assessment of the value of the Documents prior to depositing
them with TWM, and shall be responsible at all times for obtaining and
maintaining adequate insurance cover in respect of the storage and
transportation, whether in a TWM vehicle or any vehicle being used by TWM
or any vehicle belonging to an appointed independent carrier. The Client shall
procure that its insurers of Documents waives any right of subrogation against
6.3. TWM excludes all liability for Loss however arising, except and to the extent
that any Loss is directly caused by negligence or wilful act or default of
TWM, its employees, sub-contractors or agents (acting in furtherance of their
duties as such). If and to the extent that Loss is proved to have been caused
directly by the negligence or wilful default of TWM, its employees, subcontractors or agents (acting in furtherance of their duties as such), TWM will accept liability for Loss up to a maximum of £20,000 per claim or series of
claims in any one Storage Year.
6.4. Where the lost or damaged item is part of a pair or set, TWM’s liability to the
Client, where it is assessed as the cost of replacement of that item, is to be
assessed as a sum equivalent to the cost of that item in isolation, not the cost
of that item as part of a pair or set.
6.5. Under no circumstances will TWM be liable for any loss of profit, income or
savings, wasted expenditure, loss of opportunity, or for any indirect or
consequential loss of any kind.
6.6. The Client shall indemnify and keep indemnified on demand TWM from and
against all Loss (including fines, penalties, reasonable legal costs, losses,
liabilities, damages, claims, demands and expenses) which TWM may suffer
or incur as a result of storing the Documents in accordance with the
Agreement, except to the extent that such Loss is caused by the negligence or
wilful default of TWM, its employees, sub-contractors or agents.
6.7. The Client may not assign any of its rights or benefits under the Agreement.
TWM accepts no liability under the Agreement to anyone other than the
7.1. Subject to early termination in accordance with the provisions of this Clause,
the Agreement shall run for the Storage Year and, at the end of the Storage
Year, will be deemed automatically renewed for the following Storage Year
unless the Client gives TWM written notice, expiring not less than one month
before the end of the Storage Year, that the Client does not wish to renew the
7.2. The Agreement may be terminated at any time by either party giving to the
other not less than three months notice in writing.
7.3. If any Charges remain outstanding for six weeks, TWM may give written
notice to the Client that, unless such Charges have been paid in full within
four weeks of the date of such notice, the Agreement will terminate forthwith
upon the expiration of such four week notice period.
7.4. If a winding up, bankruptcy, receivership, or administrative Order (or
anything deemed similar by TWM) is made against or in respect of the Client,
the Agreement shall be deemed to terminate automatically with immediate
effect, subject to the provisions of the remainder of this clause and subject to
TWM’s rights of lien referred to in Clause 5.6 until all outstanding and/or
ongoing storage and/or retrieval Charges shall have been paid in full.
7.5. Upon termination of the Agreement, the Client shall forthwith pay all
outstanding Charges and collect all Documents being stored on its behalf by
7.6. Notwithstanding termination of the Agreement TWM shall be entitled to
charge and be paid in full in respect of ongoing storage and/or retrieval
Charges following such termination, up to the date of collection of the
Documents being stored (or previously stored) on behalf of the Client.
7.7. If all the outstanding storage and/or retrieval Charges are not paid in full and
all Documents being stored by TWM are not collected within six weeks
following the date of termination, then without prejudice to any other rights
TWM has or may have in respect of any such unpaid Charges, TWM shall be
entitled to give the Client written notice that, unless such Charges are paid in
full and the documents collected within a further period of four weeks, TWM
may, forthwith upon the expiration of such four week notice period, shred or
otherwise dispose of the Documents at the Client’s risk and expense in any
manner it deems fit (and without any liability whatsoever to the Client or to
any other party or parties in respect of such disposal).
7.8. No waiver or forbearance by TWM (whether express or implied) in enforcing
any of its rights under the Agreement shall prejudice its right to do so in the
Any notice or communication required to be given by TWM to the Client shall be
deemed to have been duly given to the Client if left at or sent by first class prepaid
post to the Client at the Client’s Address or at such other address within the United
Kingdom as the Client may subsequently notify to TWM as being the Client’s address
for the service of notices under this Agreement, and shall be deemed to have been
given two working days after posting.
9. VARIATION OF THESE TERMS AND CONDITIONS
9.1. TWM reserves the right to amend its standard Terms and Conditions of
storage and retrieval of Documents from time to time and to implement any
increases/changes it considers necessary.
9.2. Any such increases/changes shall be notified to the Client and shall only take
effect 21 days after notification. If within the aforesaid 21 days after
notification, the Client does not notify TWM in writing of any objection to
such increases/changes, the Client will be deemed to have accepted them.
9.3. If however, the Client objects to such increases/ changes, it must, within the
aforesaid 21 days, notify TWM in writing of both its objection and its
termination of its agreement with TWM in accordance with clause 7 above
(for the avoidance of doubt, any increases shall not be applied during the
three-month notice period referred to in clause 7.1).
10. GOVERNING LAW AND JURISDICTION
The Agreement shall be governed by and construed in accordance with the laws of
England and Wales, and the parties agree to submit to the exclusive jurisdiction of the
1.1. Storage charges will be as follows:
1.1.1. £1.00 + VAT per annum for an A4 envelope containing a document(s)
which is not a deed or a Will
1.1.2. £10.00 +VAT per annum for an A4 envelope containing a deed or a
1.1.3. £6.50 + VAT per annum for standard storage of a small box (1.1 cubic
1.1.4. £55.50 + VAT per annum for fire storage of a small box (1.1 cubic
1.1.5. £8.00 + VAT per annum for standard storage of a large box (1.4 cubic
1.1.6. £70.00 + VAT per annum for fire storage of a large box (1.4 cubic
1.2. Boxes can be supplied by TWM if required and are charged as follows:
1.2.1. £4.10 + VAT for small boxes (1.1 cubic feet)
1.2.2. £4.50 + VAT for large boxes (1.4 cubic feet)
1.3. Retrieval charges will be as follows:
1.3.1. £25.00 + VAT for each temporary retrieval within the Storage Year of
a document, A4 envelope or box of either size.
1.3.2. £25.00 + VAT for each permanent retrieval of a document, A4
envelope or box of either size
1.4. If a temporary retrieval becomes permanent, that is, the document is not
returned to TWM prior to the end of the Storage Year, the Client will be
charged the difference between a permanent and temporary retrieval
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