Terms specific to Storage services
1. THE SERVICE
1.1. In return for the charges payable under this Agreement, as and when requested by you from time to time, PingLocker shall:
1.1.1.where you request, deliver one or more empty Storage Boxes and other packing materials to the ground floor of your specified delivery address;
1.1.2.collect the Storage Boxes packed with your Goods, in each case suitably prepared for transport, from the ground floor of your specified collection address on the collection date chosen by you on the Site;
1.1.3.transport the Storage Boxes packed with your Goods or your Goods otherwise suitably prepared for transport to PingLocker’s storage facility and store them there;
1.1.4.return each Storage Container packed with your Goods to the ground floor of your specified return address on the date chosen by you on the Site; and
1.2. You agree that the number of Storage Boxes that you requested on the Site be collected shall be conclusive as to the number of Storage Boxes collected by PingLocker, subject to any change to the number that may be made at the time of collection.
1.3. You agree that if you arrange for a delivery, collection or return on a Saturday or Sunday or in a specific time slot on any day, additional fees as set out on the Site and App from time to time shall be payable.
1.4. You agree that if you arrange for a delivery, collection or return directly to your room, additional fees as set out on the Site and App from time to time shall be payable.
1.5. PingLocker will not deliver, collect or return Storage Boxes to an address outside of mainland UK, unless PingLocker agrees to do so in writing.
1.6. Times given by PingLocker on the Site and App or otherwise for delivery, collection or return are estimates only and PingLocker shall not be liable for any delay in delivery, collection or return.
1.7. PingLocker may cancel or postpone any delivery, collection or return where PingLocker considers that it may endanger any employee, agent or contractor or member of the general public due to (including but not limited to) severe weather conditions or by reason of PingLocker having limited access to your specified delivery, collection or return address.
1.8. Unless agreed specifically beforehand, PingLocker will not be responsible for:
1.8.1.dismantling or assembling any unit, system or furniture (including flat pack);
1.8.2.disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
1.8.3.packing Goods into Storage Boxes.
2. YOUR RESPONSIBILITIES
You will be responsible for:
2.1. obtaining and ensuring that PingLocker or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
2.2. being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the Storage Boxes;
2.3. providing PingLocker with your contact details and ensuring that these are accurate and up-to-date;
2.4. notifying PingLocker of any changes regarding your orders by 11am the day before the:
2.4.1.delivery of your materials;
2.4.2.collection of your Storage Boxes; or
2.4.3.return of your Storage Boxes,
or, where such delivery, collection or return is scheduled on a Monday, by 11am the Friday before.
ensuring that:
3. STORAGE BOXES
3.1. Storage Boxes may be supplied by PingLocker or may be provided by you.
3.2. Storage Boxes supplied by you must be in accordance with PingLocker’s Packaging Requirements. PingLocker reserves the right to reject any Storage Box which is not in accordance with the Packaging Requirements.
PingLocker shall not be responsible for any loss or damage to Goods which are not packed in accordance with the Packaging Requirements. If you provide your own Storage Boxes they must be:
3.2.1. in good condition, sturdy and suitable for transport and storage of the Goods;
3.2.2. in respect of dimensions;
Storage Boxes the same as or less than the dimensions (45x45x30cm) of the Storage Boxes supplied by PingLocker by the name of “PingLocker Medium Box” will be stored as “Medium Boxes”, if they have a fitted lid and are no larger than 50x40x40cm.
Storage Boxes that are more than the dimensions of the “PingLocker Medium Box” and the same as or less than 70x50x40cm must be stored as “Large Boxes”.
3.3. If you wish to provide a Storage Container that has one side or more that is greater than 600mm, you must contact PingLocker for confirmation that your items can be stored and to receive a quote. PingLocker reserves the right to charge these items at a higher level than a Large Box price.
3.4. In the event that any Storage Boxes are found to be labelled in a manner inconsistent to that stated above, PingLocker reserves the right to adjust the labels accordingly, and apply the correct charges, unless previously agreed to in writing by PingLocker
3.5. No Storage Boxes, whether supplied by PingLocker or by you, should exceed the maximum weight limit of 25kg. Any containers exceeding the maximum weight limit will be subject to the following :
3.5.1. A penalty for the item being overweight, whereby any container exceeding the maximum weight limit of 25kg will incur a penalty fee of £40 plus £1 per kilo per box in excess of 25kg, applicable per order containing one (or more) item(s) that are overweight;
3.5.2. PingLocker reserves the right to repack the over-weight Storage Boxes into one (or more) Storage Boxes that each weigh no more than 25kg. A charge for any packing or repacking T&M (Time and Materials) required to repack the over-weight containers into one (or more) Storage Boxes, weighing no more than 25kg each, will apply. The repacking fee will apply as follows, on a per box basis: Small Box: £10, Medium Box: £10, Large Box: £15
3.5.3. A change to the pricing plan contract may apply if the total number of boxes in an order is changed. Where the total number of boxes is reduced a credit may be applicable if the total monthly storage price is lower than the monthly storage price originally paid for. In the event of an increase in the total number of boxes in the order then charges may be applicable if the total monthly storage price is higher than the monthly storage price originally paid for,
3.6. PingLocker, or any delivery partner acting on PingLocker’s behalf, may at any time :
3.6.1.refuse to collect any Storage Boxes supplied by you;
3.6.2.redeliver, at your cost, any Storage Boxes supplied by you; or
3.6.3.repackage, at your cost, any Storage Boxes,
3.7. if it reasonably considers that the Storage Boxes does not comply with the Packaging Requirements or this clause 3 or that the Goods have not been securely packed in accordance with clause 2.2.1.
3.8. If you wish to store any Goods that do not fit into a Storage Box, you must inform PingLocker and obtain PingLocker’s consent to the storage of those Goods before arranging for their collection.
3.9. If PingLocker, or any delivery partner acting on PingLocker’s behalf:
3.9.1.collects any Storage Box supplied by you; or
3.9.2.redelivers any Storage Box supplied by you,
despite the fact that such Storage Box does not comply with the Packaging Requirements or this clause 3 or that the Goods have not been securely packed in accordance with clause 2.2.1, you will be liable for any damage or injury to PingLocker’s property, the property of third parties, employees, agents, or contractors as a result of your failure to comply with this clause 3 or clause 2.2.1 as applicable.
4. THE GOODS
4.1. You warrant that the Goods are your own property or that you have the right and authority to store the Goods in accordance with this Agreement.
4.2. PingLocker does not warrant that the storage facility used by PingLocker is a suitable place or means of storage for any particular goods.
4.3. The Goods must not include and you must not store any of the following in the Storage Boxes:
4.3.1.Liquids and semi-liquid foods in glass containers.
4.3.2.All perishable goods.
4.3.3.Non-perishable food unless packed so that they are protected from and do not attract vermin.
4.3.4.Antiques (breakable and fragile).
4.3.5.Birds, fish, animals or any other living creature.
a. Explosive weapons or ammunition.
4.3.6.Sharp knives or other kitchen implements unless blade is fully protected with a suitable material.
4.3.7.Combustible or flammable materials, liquids or compressed gases, including but not limited to, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents.
4.3.8.Chemicals, radioactive materials, biological agents, including household cleaners.
4.3.9.Toxic waste, asbestos or other materials of a dangerous nature.
4.3.10. Any other toxic, flammable or hazardous substance or preparations, classified as such under applicable law.
4.3.11. Specialized equipment with electronic and/or fragile components.
4.4. 4.4 Should it become apparent that any of the prohibited items listed in clause 4.3 are contained within one of your Storage Boxes, such items will be removed and disposed, and the rest of the Goods within that Storage Box will be searched for further prohibited items, which if found, will also be removed and disposed. An administration fee of £50 will be charged for each Storage Box that is found to contain prohibited items. Further disposal fees may also be applied depending on the nature of the prohibited item(s).
4.5. You agree that PingLocker or any contractor acting on PingLocker’s behalf may at any time without notifying you open any Storage Box to inspect the Goods:
4.5.1.if PingLocker reasonably believes that it may contain any items described in clause 9.3;
4.5.2.if PingLocker is required to do so by the police, fire services, local authority or by court order;
4.5.3.in order for PingLocker to investigate title to the Goods in the event of any dispute;
4.5.4.where PingLocker considers it necessary in an emergency (including but not limited to suspicion of hazardous substances, or unidentified items) or to prevent injury or damage to persons or property;
4.5.5.where PingLocker considers it necessary if there is excess weight or inappropriate packing materials used by you; and
4.5.6.if PingLocker reasonably believes that the Goods have become unsecure in the Storage Container and, in such circumstances, PingLocker may repack the Storage Container.
4.6. PingLocker may:
4.6.1.refuse to store any Goods; or
4.6.2.return to you any Goods, at your cost, at any time,
4.7. if, in PingLocker’s reasonable opinion, the storage, or continued storage, of the Goods would represent a risk to the safety of any person, the security of the storage facility, or any other goods stored at the storage facility.
4.7.1.You agree that if title to the Goods is subject to any third-party claim:
4.8. PingLocker has the right to investigate the title and be satisfied as to such title before returning the Goods; and
4.9. PingLocker may keep possession of the Goods until it has completed any investigation as to title in accordance with clause 4.6.
5. RESTRICTIONS
5.1. You must not:
5.1.1.use the Service in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
5.1.2.sub-license, re-sell or offer in any manner, to a third party, the Service or use of or access to the Service, whether for commercial gain or otherwise unless PingLocker has previously agreed in writing;
5.1.3.attempt to interfere with or disrupt the Service or the Site or the App or any server or network used by or connected to the Site or to gain unauthorised access to any such server or network.
6. CHARGES AND PAYMENT
6.1. You may choose to sign up to the Service on the Site either:
6.1.1.on a rolling month by month basis; or
6.1.2.for a specified minimum period of months chosen by you, up to a maximum of 12 months.
6.2. You shall pay to PingLocker charges for the Service as follows:
6.2.1.where you sign up to the Service on a rolling month by month basis, you shall pay PingLocker’s standard rates for the time being in force as detailed on the Site; or
6.2.2.where you sign up for a specified minimum period of months, you shall pay PingLocker’s set monthly charge as notified to you.
6.3. Where you sign up to the Service for a specified minimum period of months, PingLocker will email you at your specified email address 14 days before the minimum period expires, and you will have the option to extend the Service for a further chosen specified period of months. If you do not choose to extend the Service, you shall either:
6.3.1.terminate the Agreement in accordance with clause 13; or
6.3.2.be deemed to sign up to the Service on a rolling month by month basis and shall pay to PingLocker charges for the Service in accordance with clause 6.2.1.
6.4. PingLocker reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that any Storage Box collected:
6.4.1.has dimensions greater than 600mm x 600mm x 600mm; or
6.4.2.exceeds the maximum weight limit of 25kg.
6.5. PingLocker reserves the right to apply a £50 handling fee for any Storage Box collected that is a suitcase, holdall, rucksack and sports bag where PingLocker wasn’t previously notified and the customer account amended to reflect this fact.
6.6. In the event that a driver is left waiting, and PingLocker incurs a cost for the waiting time, PingLocker reserves the right to charge you for the full cost of the waiting time.
6.7. PingLocker can, upon request, check items in the warehouse and provide a description of a customer’s items by label number. Each check, as understood by each journey required by a PingLocker agent to verify a piece of information requested by the customer that involves entering the warehouse to do so, will be charged at a flat rate of £5 for up to 10 boxes, after which there is an additional charge of £1 for each box.
6.8. All charges are inclusive of VAT. If the rate of VAT changes, PingLocker reserves the right to adjust the VAT you pay on the charges from the date the change takes effect.
6.9. PingLocker’s charges are payable by credit card or debit card in advance as follows:
6.9.1.charges for PingLocker to send you empty Storage Boxes and packing materials will be payable when you place an order on the Site;
6.9.2.charges for the first month’s storage, whether the Storage Boxes are provided by you or by PingLocker, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, will be payable when you place an order on the Site;
6.9.3.charges for subsequent months storage, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, will be payable monthly on the same date that your Storage Boxes are collected from your specified collection address for transit to PingLocker’s Warehouse;
6.9.4.charges for storage, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, for the month in which PingLocker returns the Storage Boxes to you will be payable in full when you arrange for your Storage Boxes to be returned;
if:
6.9.4.1. you sign up to the Service for a specified minimum period of months in accordance with clause 6.2.2; and
6.9.4.2. you request the return of all or any of the Storage Boxes before the end of the specified minimum period,
6.10. you will be liable for all storage charges, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, for those Storage Boxes up to the end of the agreed minimum period. These charges will be payable when you request the return of the Storage Boxes; and
6.10.1. charges for PingLocker to return your Storage Boxes to your specified return address (the cost of which as notified to you when you placed the order on the Site), are payable in full when you arrange for your Storage Boxes to be returned.
6.10.2. If you add additional Storage Boxes to those already in storage at PingLocker’s storage facility:
6.10.3. the agreed charges for the Storage Boxes already in storage will continue to apply to those Storage Boxes; and
6.10.4. the monthly charges for storage, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 10, in relation to the additional Storage Boxes will be calculated on the basis of the total number of your Storage Boxes that will be in storage.
6.10.5. If you request the return of all or any of the Storage Boxes before the end of the specified minimum period in accordance with clause 6.6.5, you may store the same number of replacement Storage Boxes at PingLocker’s storage facility to the end of the agreed minimum period at no extra storage charge. Your replacement Storage Boxes will be subject to the same level of PingLocker’s liability as those Storage Boxes which they replace. Charges will apply as set out in clause 6.6 above, for:
6.10.5.1. collection of your replacement Storage Boxes; and
6.10.5.2. PingLocker to return your replacement Storage Boxes to your specified return address,
6.10.5.3. PingLocker may charge £10 administration fee to cover PingLocker’s costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to PingLocker.
6.11. If payment of the charges and any other amounts payable are not received by the due date, PingLocker may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 5), charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Barclays Bank plc from time to time, charge £5 per email sent, £2.00 per phone call, £10 per letter sent in the process of collecting the outstanding debt, and collect any charges from the debtor for auction or sales fees, and any transaction fees required.
6.12. PingLocker may review the monthly charges from time to time. If PingLocker increases the standard monthly rates for the charges:
6.12.1. for all new orders, the new standard rates will take immediate effect;
6.12.2. for existing customers who signed up to the Service on a rolling month by month basis, the new standard rates will be notified to you by email to your specified email address not less than 14 days in advance of your following monthly bill, and shall come into effect from that bill. If you do not agree to the increased charges you may terminate this Agreement in accordance with clause 13; and
6.12.3. for existing customers who signed up to the Service for a specified minimum period of months, the new standard rates will not affect the applicable charges specified to you when you placed the order on the Site.
6.12.4. PingLocker may review the charges for empty Storage Boxes and packing materials from time to time. If PingLocker increases the standard charges, the increased charges will take immediate effect for all new orders.
6.13. Additional charges as set out on the Site from time to time may be applied if:
6.13.1. you provide insufficient or inaccurate address information;
6.14. you are, or someone authorised by you is not, available at the premises during the specified delivery, collection or return period that you booked when requesting such delivery, collection or return and after reasonable efforts to contact you to rearrange;
6.15. PingLocker’s carrier is unable to access your premises to deliver or collect Storage Boxes and the delay lasts longer than twenty minutes;
6.16. delivery, collection or return of the Storage Boxes takes over one hour to complete from arrival at your address through no fault of PingLocker’s carrier;
6.17. you request that delivery, collection or return of the Storage Boxes be carried out outside of normal working hours (7.00am — 18.00pm Monday — Friday);
6.18. PingLocker has to deliver or collect Storage Boxes from above the ground floor without being able to use a lift.
7. RIGHT TO WITHHOLD OR DISPOSE OF GOODS
7.1. If you do not pay the charges or any other payments due under this Agreement, PingLocker shall have the right to withhold and ultimately dispose of some or all of the Goods in accordance with this clause 12. You will be responsible for all storage charges and other associated costs reasonably incurred by PingLocker while withholding or disposing of the Goods.
7.2. PingLocker will provide you with 28 days written notice requiring you to pay all amounts due and to contact PingLocker to arrange for re-delivery of the Storage Boxes. If, upon the expiration of the 28-day notice period you have failed to pay all of the amounts due, PingLocker may dispose of some or all of the Goods by sale, gift to charity, or otherwise.
7.3. If in PingLocker’s reasonable opinion the Goods cannot be sold for a reasonable price or at all (for any reason) or despite PingLocker’s reasonable efforts they remain unsold, you authorise PingLocker to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
7.4. You shall be responsible for all costs reasonably incurred by PingLocker in relation to the disposal of the Goods. If PingLocker receives money on disposal of the Goods the net proceeds of sale will be credited to your account and PingLocker will pay any excess to you without interest, less PingLocker’s administrative charge of £50.
7.5. If, after having made all reasonable efforts to do so, PingLocker is unable to return any excess to you, including having given not less than 90 days’ written notice to you in accordance with clause 25, PingLocker may retain any such excess for its own account.
7.6. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due under this Agreement and the costs of sale, you must pay any balance outstanding to PingLocker within seven days of a written demand from PingLocker. Interest will continue to accrue on the balance under clause 11.10 until it is paid in full.
7.7. PingLocker reserves the right to discard of items in storage or offer them to charitable organisations, after 28 days of requesting in writing a response from a customer with regards to their order.
8. RETURN OF PACKING MATERIALS
8.1. You are able to return unused packing materials that you have been charged for, that are in a re-saleable condition to PingLocker for a refund of up to £2.95 provided that you notify PingLocker of your intention to return the packing materials within 7 days of the date on which the packing materials are delivered to your specified delivery address.
8.2. PingLocker will not refund the delivery charge for you to return the packing materials to PingLocker.
8.3. Please notify PingLocker of your intention to return the packing materials by email. Your notification is effective from the date that the email is received by PingLocker.
8.4. Once the packing materials have been received by PingLocker, PingLocker will in its discretion:
8.4.1.refund you on the payment method used by you to pay for the packing materials; or
8.4.2.credit your account for the correct amount.
8.5. PingLocker recommends that you use a postage method that provides tracking for the parcel, so that you can prove when the packing materials are received back by PingLocker.
9. PINGLOCKER’S LIABILITY TO YOU
9.1. In this clause 9, PingLocker limits its liability to you in contract, tort (including negligence), bailment, or otherwise for the Goods. You acknowledge that PingLocker is unaware of the value of the Goods to be stored and does not insure or arrange insurance for the Goods. PingLocker recommends that you arrange your own insurance to cover the value of the Goods.
9.2. When PingLocker returns the Storage Boxes packed with your Goods to you, you must promptly examine the Goods and notify PingLocker of any loss of or damage to the Goods within two working days of redelivery of the Goods to you. If you fail to inform PingLocker within such time period, PingLocker will not be liable to you for any loss or damage.
9.3. In the event of a claim, PingLocker shall be entitled to require proof of the cost price and the current replacement cost of the Goods. You must respond promptly to PingLocker’s enquiries and requests for information in respect of the Goods. If you do not provide PingLocker with any information or documents requested by PingLocker within 28 days of PingLocker’s request, PingLocker will not be liable to you for the loss of or damage to the Goods.
9.4. In respect of each Storage Box, PingLocker’s total liability in contract, tort (including negligence), bailment, or otherwise for the Service or any breach of this Agreement by PingLocker or for any loss of or damage to the Goods (including loss or damage during collection, redelivery or storage) shall not in any event exceed the lower of:
9.4.1.the cost price of the Goods in the Storage Box;
9.4.2.the current replacement cost of the Goods in the Storage Box at the date of the claim; and
9.4.3.£100 or, if you chose to purchase a higher level of PingLocker’s liability for the applicable Storage Box in accordance with clause 11, such higher amount.
9.5. PingLocker shall not in any event be responsible in contract, tort (including negligence), bailment, or otherwise for loss or damage that falls into the following categories:
9.5.1.loss of or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by PingLocker or any deliberate or negligent act or omission on the part of PingLocker or its contractors;
9.5.2.any indirect or consequential loss that arises from special circumstances, such as loss arising as a result of you being delayed for or missing an appointment or flight, even if PingLocker was aware of the possibility of such a loss; or
9.5.3.loss of or damage to the Goods which is caused by your failure to comply with this Agreement;
9.5.4.loss of or damage to any Goods of a type listed in clause 4.3 or those set out in the Packaging Requirements under the heading “What we will not be liable for”;
9.5.5.loss of business, sales, revenue, profits, anticipated savings or goodwill, damage to reputation or wasted time; or
9.5.6.loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
9.6. PingLocker shall have no liability to you:
9.6.1.for damage to the Storage Boxes themselves (as opposed to the Goods inside the Storage Boxes); or
9.6.2.if the Goods are seized under any law or court order.
9.7. Nothing in these Terms of Service excludes or limits PingLocker’s liability for:
9.7.1.death or personal injury caused by PingLocker’s negligence; or
9.7.2.fraud or fraudulent misrepresentation.
10. HIGHER LEVEL OF LIABILITY
You may choose to purchase a higher level of PingLocker’s liability to that stated in clause 9.4.3 for an additional monthly fee at PingLocker’s standard rates for the time being in force as detailed on the Site and the App or as notified to you by PingLocker. However, the same level of PingLocker’s liability must apply to all of your Storage Boxes.
11. YOUR LIABILITY TO PINGLOCKER
You shall reimburse PingLocker in full an amount equal to all damages, liabilities, costs, claims and expenses that PingLocker may incur as a result of your use of the Service or any breach by you of this Agreement.
12. RIGHT TO CANCEL – “COOLING OFF PERIOD”
12.1. Each request for the Service by you shall constitute a separate contract between you and PingLocker on these Terms of Service.
12.2. Subject to clause 3, you have the right to change your mind and cancel each contract within 14 calendar days after the day on which you entered into the contract with PingLocker. If you wish to cancel within the 14 calendar days you must notify PingLocker in accordance with clause 13.
12.3. You acknowledge that you will lose your right to cancel if you request PingLocker to collect the Goods before the period of 14 calendar days elapses.
13. TERMINATION
13.1. You may terminate this Agreement at any time by requesting the return of your Storage Boxes packed with your Goods and paying any outstanding charges due to PingLocker.
13.2. PingLocker may terminate this Agreement with immediate effect by notice in writing to you, if:
13.2.1. you fail to pay any amount due, including any interest accrued, by the date due; or
13.2.2. you are in breach of any term of this Agreement.
13.3. PingLocker may terminate this Agreement for any reason by giving you not less than 30 days written notice.
13.4. Upon termination of this Agreement for any reason you must contact PingLocker promptly to arrange for re-delivery of the Storage Boxes.
13.5. If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of the Storage Boxes, then PingLocker may dispose of the Goods in accordance with the provisions of clause 12.
14. REFERRAL SCHEME
14.1. The PingLocker referral scheme allows you to earn credit to your PingLocker account by referring friends to PingLocker.
14.2. When you receive a referral code from PingLocker either by email or via the Site or the App, you may share the referral code with your friends in person, through the Site, Twitter, Facebook or by email.
14.3. You may not post your referral code on voucher websites or affiliate marketing schemes.
14.4. You may not create false accounts, fabricate redemptions or otherwise engage in attempts at forgery or fraud.
14.5. By default, the maximum referrals you can claim for is 15.
14.6. You agree that by sharing the referral code through the Site or the App your friend will be provided with your name and email address.
14.7. If:
14.7.1. a friend uses the referral code when using the Service for the first time; and
14.7.2. such friend does not cancel the Service within the cancellation period for such Service,
14.8. PingLocker shall credit the sum of £10 to your PingLocker account.
14.8.1. You acknowledge that a referred friend may only use one referral code.
14.8.2. The customer referral scheme is not open to PingLocker staff or Ambassadors.
14.8.3. In the event of any disputes regarding any referral credit the decision of PingLocker is final. PingLocker reserves the right to revoke any credit that has been deemed improperly acquired.
15. ASSIGNMENT AND SUB-CONTRACTING
15.1. You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without PingLocker’s prior written consent.
15.2. This Agreement shall be binding on your personal representatives, successors and permitted assigns.
15.3. PingLocker shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
15.4. PingLocker may sub-contract the performance of any of its obligations under this Agreement to any third party (including transportation and storage), but such sub-contracting shall not relieve PingLocker of any liability under this Agreement.
16. FORCE MAJEURE
16.1. PingLocker will not be liable or responsible for any damage to or loss of the Goods, or failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside its reasonable control (including but not limited to) Act of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
17. NOTICES
17.1. Any notice to be given under this Agreement may be delivered or be sent by prepaid registered post sent first class or may be transmitted by email addressed as follows:
17.2. if to PingLocker — to its head office address or email address as stated for the time being on the Site;
17.3. if to you — to the billing address or email address for you which you registered with PingLocker or which you last notified to PingLocker.
17.4. Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission.
18. PACKAGING REQUIREMENTS
18.1. WHAT WE WILL ACCEPT
18.1.1. Large boxes (either our PingLocker Large boxes or any double-walled cardboard box up to 45x45x60cm, 25kg)
18.1.2. Medium boxes, secured for transport (up to 45x45x30cm, 25kg) or poster/document tubes
18.1.3. Suitcase, bags, and sport bags (all items must be locked and be less than 25kg), and musical instruments in hard cases.
18.1.4. Bicycles, skis, snowboards (packed in an appropriate PingLocker box or in a hard travel case)
18.1.5. Printers, TVs and other electrical equipment within original packaging including polystyrene interior
18.1.6. Items of furniture or other outsize items (within M25 only, please call 0800 802 1018 to arrange) must be agreed to in writing.
18.2. WHAT WE WILL NOT ACCEPT
18.2.1. Single-walled cardboard boxes, including crisp boxes!
18.2.2. Any items not in a cardboard box
18.2.3. Bin bags, plastic bags, laundry bags, and canvas bags
18.2.4. Musical instruments in soft cases
18.2.5. Bicycles, skis and snowboards not in a PINGLOCKER box
18.2.6. Any item over 25kg, any box over 60x60x60cm other than PINGLOCKER-supplied boxes, or electronics not in their original boxes
18.2.7. Any goods containing liquids, chemicals or food
18.2.8. Please call us if you have items outside this range as we may be able to help
18.2.9. Anything containing items on our “banned list”
18.3. WHAT WE WILL NOT BE LIABLE FOR
18.3.1. In terms of outer packing, anything not packaged as per the “What we will accept list” above
18.3.2. In terms of contents,
18.3.3. Glass, crockery and other fragile items unless packed within a PingLocker crockery box
18.3.4. Goods with any glass element, and other fragile items.
18.3.5. Electronics
18.3.6. Jewellery, bullion
18.3.7. Antiques
18.3.8. The outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments
1.1. In return for the charges payable under this Agreement, as and when requested by you from time to time, PingLocker shall:
1.1.1.where you request, deliver one or more empty Storage Boxes and other packing materials to the ground floor of your specified delivery address;
1.1.2.collect the Storage Boxes packed with your Goods, in each case suitably prepared for transport, from the ground floor of your specified collection address on the collection date chosen by you on the Site;
1.1.3.transport the Storage Boxes packed with your Goods or your Goods otherwise suitably prepared for transport to PingLocker’s storage facility and store them there;
1.1.4.return each Storage Container packed with your Goods to the ground floor of your specified return address on the date chosen by you on the Site; and
1.2. You agree that the number of Storage Boxes that you requested on the Site be collected shall be conclusive as to the number of Storage Boxes collected by PingLocker, subject to any change to the number that may be made at the time of collection.
1.3. You agree that if you arrange for a delivery, collection or return on a Saturday or Sunday or in a specific time slot on any day, additional fees as set out on the Site and App from time to time shall be payable.
1.4. You agree that if you arrange for a delivery, collection or return directly to your room, additional fees as set out on the Site and App from time to time shall be payable.
1.5. PingLocker will not deliver, collect or return Storage Boxes to an address outside of mainland UK, unless PingLocker agrees to do so in writing.
1.6. Times given by PingLocker on the Site and App or otherwise for delivery, collection or return are estimates only and PingLocker shall not be liable for any delay in delivery, collection or return.
1.7. PingLocker may cancel or postpone any delivery, collection or return where PingLocker considers that it may endanger any employee, agent or contractor or member of the general public due to (including but not limited to) severe weather conditions or by reason of PingLocker having limited access to your specified delivery, collection or return address.
1.8. Unless agreed specifically beforehand, PingLocker will not be responsible for:
1.8.1.dismantling or assembling any unit, system or furniture (including flat pack);
1.8.2.disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
1.8.3.packing Goods into Storage Boxes.
2. YOUR RESPONSIBILITIES
You will be responsible for:
2.1. obtaining and ensuring that PingLocker or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
2.2. being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the Storage Boxes;
2.3. providing PingLocker with your contact details and ensuring that these are accurate and up-to-date;
2.4. notifying PingLocker of any changes regarding your orders by 11am the day before the:
2.4.1.delivery of your materials;
2.4.2.collection of your Storage Boxes; or
2.4.3.return of your Storage Boxes,
or, where such delivery, collection or return is scheduled on a Monday, by 11am the Friday before.
ensuring that:
- the Goods have been securely packed into Storage Boxes in accordance with our Packaging Requirements from time to time and are suitably prepared for transport and storage so as not to cause damage or injury or the risk of damage or injury to PingLocker’s property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise. In particular, if the Goods are fragile you must ensure they are thoroughly bubble wrapped in multiple layers and carefully packed; and
- each Storage Box is labelled with the specific label provided by PingLocker which is affixed securely with tape; and
- informing PingLocker within 48 hours of any loss or damage to the Goods or your property that occurred during a delivery, collection or return service. You acknowledge that PingLocker will not be responsible for any loss or damage if you fail to inform PingLocker within such time period.
3. STORAGE BOXES
3.1. Storage Boxes may be supplied by PingLocker or may be provided by you.
3.2. Storage Boxes supplied by you must be in accordance with PingLocker’s Packaging Requirements. PingLocker reserves the right to reject any Storage Box which is not in accordance with the Packaging Requirements.
PingLocker shall not be responsible for any loss or damage to Goods which are not packed in accordance with the Packaging Requirements. If you provide your own Storage Boxes they must be:
3.2.1. in good condition, sturdy and suitable for transport and storage of the Goods;
3.2.2. in respect of dimensions;
Storage Boxes the same as or less than the dimensions (45x45x30cm) of the Storage Boxes supplied by PingLocker by the name of “PingLocker Medium Box” will be stored as “Medium Boxes”, if they have a fitted lid and are no larger than 50x40x40cm.
Storage Boxes that are more than the dimensions of the “PingLocker Medium Box” and the same as or less than 70x50x40cm must be stored as “Large Boxes”.
3.3. If you wish to provide a Storage Container that has one side or more that is greater than 600mm, you must contact PingLocker for confirmation that your items can be stored and to receive a quote. PingLocker reserves the right to charge these items at a higher level than a Large Box price.
3.4. In the event that any Storage Boxes are found to be labelled in a manner inconsistent to that stated above, PingLocker reserves the right to adjust the labels accordingly, and apply the correct charges, unless previously agreed to in writing by PingLocker
3.5. No Storage Boxes, whether supplied by PingLocker or by you, should exceed the maximum weight limit of 25kg. Any containers exceeding the maximum weight limit will be subject to the following :
3.5.1. A penalty for the item being overweight, whereby any container exceeding the maximum weight limit of 25kg will incur a penalty fee of £40 plus £1 per kilo per box in excess of 25kg, applicable per order containing one (or more) item(s) that are overweight;
3.5.2. PingLocker reserves the right to repack the over-weight Storage Boxes into one (or more) Storage Boxes that each weigh no more than 25kg. A charge for any packing or repacking T&M (Time and Materials) required to repack the over-weight containers into one (or more) Storage Boxes, weighing no more than 25kg each, will apply. The repacking fee will apply as follows, on a per box basis: Small Box: £10, Medium Box: £10, Large Box: £15
3.5.3. A change to the pricing plan contract may apply if the total number of boxes in an order is changed. Where the total number of boxes is reduced a credit may be applicable if the total monthly storage price is lower than the monthly storage price originally paid for. In the event of an increase in the total number of boxes in the order then charges may be applicable if the total monthly storage price is higher than the monthly storage price originally paid for,
3.6. PingLocker, or any delivery partner acting on PingLocker’s behalf, may at any time :
3.6.1.refuse to collect any Storage Boxes supplied by you;
3.6.2.redeliver, at your cost, any Storage Boxes supplied by you; or
3.6.3.repackage, at your cost, any Storage Boxes,
3.7. if it reasonably considers that the Storage Boxes does not comply with the Packaging Requirements or this clause 3 or that the Goods have not been securely packed in accordance with clause 2.2.1.
3.8. If you wish to store any Goods that do not fit into a Storage Box, you must inform PingLocker and obtain PingLocker’s consent to the storage of those Goods before arranging for their collection.
3.9. If PingLocker, or any delivery partner acting on PingLocker’s behalf:
3.9.1.collects any Storage Box supplied by you; or
3.9.2.redelivers any Storage Box supplied by you,
despite the fact that such Storage Box does not comply with the Packaging Requirements or this clause 3 or that the Goods have not been securely packed in accordance with clause 2.2.1, you will be liable for any damage or injury to PingLocker’s property, the property of third parties, employees, agents, or contractors as a result of your failure to comply with this clause 3 or clause 2.2.1 as applicable.
4. THE GOODS
4.1. You warrant that the Goods are your own property or that you have the right and authority to store the Goods in accordance with this Agreement.
4.2. PingLocker does not warrant that the storage facility used by PingLocker is a suitable place or means of storage for any particular goods.
4.3. The Goods must not include and you must not store any of the following in the Storage Boxes:
4.3.1.Liquids and semi-liquid foods in glass containers.
4.3.2.All perishable goods.
4.3.3.Non-perishable food unless packed so that they are protected from and do not attract vermin.
4.3.4.Antiques (breakable and fragile).
4.3.5.Birds, fish, animals or any other living creature.
a. Explosive weapons or ammunition.
4.3.6.Sharp knives or other kitchen implements unless blade is fully protected with a suitable material.
4.3.7.Combustible or flammable materials, liquids or compressed gases, including but not limited to, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents.
4.3.8.Chemicals, radioactive materials, biological agents, including household cleaners.
4.3.9.Toxic waste, asbestos or other materials of a dangerous nature.
4.3.10. Any other toxic, flammable or hazardous substance or preparations, classified as such under applicable law.
4.3.11. Specialized equipment with electronic and/or fragile components.
4.4. 4.4 Should it become apparent that any of the prohibited items listed in clause 4.3 are contained within one of your Storage Boxes, such items will be removed and disposed, and the rest of the Goods within that Storage Box will be searched for further prohibited items, which if found, will also be removed and disposed. An administration fee of £50 will be charged for each Storage Box that is found to contain prohibited items. Further disposal fees may also be applied depending on the nature of the prohibited item(s).
4.5. You agree that PingLocker or any contractor acting on PingLocker’s behalf may at any time without notifying you open any Storage Box to inspect the Goods:
4.5.1.if PingLocker reasonably believes that it may contain any items described in clause 9.3;
4.5.2.if PingLocker is required to do so by the police, fire services, local authority or by court order;
4.5.3.in order for PingLocker to investigate title to the Goods in the event of any dispute;
4.5.4.where PingLocker considers it necessary in an emergency (including but not limited to suspicion of hazardous substances, or unidentified items) or to prevent injury or damage to persons or property;
4.5.5.where PingLocker considers it necessary if there is excess weight or inappropriate packing materials used by you; and
4.5.6.if PingLocker reasonably believes that the Goods have become unsecure in the Storage Container and, in such circumstances, PingLocker may repack the Storage Container.
4.6. PingLocker may:
4.6.1.refuse to store any Goods; or
4.6.2.return to you any Goods, at your cost, at any time,
4.7. if, in PingLocker’s reasonable opinion, the storage, or continued storage, of the Goods would represent a risk to the safety of any person, the security of the storage facility, or any other goods stored at the storage facility.
4.7.1.You agree that if title to the Goods is subject to any third-party claim:
4.8. PingLocker has the right to investigate the title and be satisfied as to such title before returning the Goods; and
4.9. PingLocker may keep possession of the Goods until it has completed any investigation as to title in accordance with clause 4.6.
5. RESTRICTIONS
5.1. You must not:
5.1.1.use the Service in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
5.1.2.sub-license, re-sell or offer in any manner, to a third party, the Service or use of or access to the Service, whether for commercial gain or otherwise unless PingLocker has previously agreed in writing;
5.1.3.attempt to interfere with or disrupt the Service or the Site or the App or any server or network used by or connected to the Site or to gain unauthorised access to any such server or network.
6. CHARGES AND PAYMENT
6.1. You may choose to sign up to the Service on the Site either:
6.1.1.on a rolling month by month basis; or
6.1.2.for a specified minimum period of months chosen by you, up to a maximum of 12 months.
6.2. You shall pay to PingLocker charges for the Service as follows:
6.2.1.where you sign up to the Service on a rolling month by month basis, you shall pay PingLocker’s standard rates for the time being in force as detailed on the Site; or
6.2.2.where you sign up for a specified minimum period of months, you shall pay PingLocker’s set monthly charge as notified to you.
6.3. Where you sign up to the Service for a specified minimum period of months, PingLocker will email you at your specified email address 14 days before the minimum period expires, and you will have the option to extend the Service for a further chosen specified period of months. If you do not choose to extend the Service, you shall either:
6.3.1.terminate the Agreement in accordance with clause 13; or
6.3.2.be deemed to sign up to the Service on a rolling month by month basis and shall pay to PingLocker charges for the Service in accordance with clause 6.2.1.
6.4. PingLocker reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that any Storage Box collected:
6.4.1.has dimensions greater than 600mm x 600mm x 600mm; or
6.4.2.exceeds the maximum weight limit of 25kg.
6.5. PingLocker reserves the right to apply a £50 handling fee for any Storage Box collected that is a suitcase, holdall, rucksack and sports bag where PingLocker wasn’t previously notified and the customer account amended to reflect this fact.
6.6. In the event that a driver is left waiting, and PingLocker incurs a cost for the waiting time, PingLocker reserves the right to charge you for the full cost of the waiting time.
6.7. PingLocker can, upon request, check items in the warehouse and provide a description of a customer’s items by label number. Each check, as understood by each journey required by a PingLocker agent to verify a piece of information requested by the customer that involves entering the warehouse to do so, will be charged at a flat rate of £5 for up to 10 boxes, after which there is an additional charge of £1 for each box.
6.8. All charges are inclusive of VAT. If the rate of VAT changes, PingLocker reserves the right to adjust the VAT you pay on the charges from the date the change takes effect.
6.9. PingLocker’s charges are payable by credit card or debit card in advance as follows:
6.9.1.charges for PingLocker to send you empty Storage Boxes and packing materials will be payable when you place an order on the Site;
6.9.2.charges for the first month’s storage, whether the Storage Boxes are provided by you or by PingLocker, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, will be payable when you place an order on the Site;
6.9.3.charges for subsequent months storage, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, will be payable monthly on the same date that your Storage Boxes are collected from your specified collection address for transit to PingLocker’s Warehouse;
6.9.4.charges for storage, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, for the month in which PingLocker returns the Storage Boxes to you will be payable in full when you arrange for your Storage Boxes to be returned;
if:
6.9.4.1. you sign up to the Service for a specified minimum period of months in accordance with clause 6.2.2; and
6.9.4.2. you request the return of all or any of the Storage Boxes before the end of the specified minimum period,
6.10. you will be liable for all storage charges, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 11, for those Storage Boxes up to the end of the agreed minimum period. These charges will be payable when you request the return of the Storage Boxes; and
6.10.1. charges for PingLocker to return your Storage Boxes to your specified return address (the cost of which as notified to you when you placed the order on the Site), are payable in full when you arrange for your Storage Boxes to be returned.
6.10.2. If you add additional Storage Boxes to those already in storage at PingLocker’s storage facility:
6.10.3. the agreed charges for the Storage Boxes already in storage will continue to apply to those Storage Boxes; and
6.10.4. the monthly charges for storage, and any charges for a higher level of PingLocker’s liability which you choose to purchase under clause 10, in relation to the additional Storage Boxes will be calculated on the basis of the total number of your Storage Boxes that will be in storage.
6.10.5. If you request the return of all or any of the Storage Boxes before the end of the specified minimum period in accordance with clause 6.6.5, you may store the same number of replacement Storage Boxes at PingLocker’s storage facility to the end of the agreed minimum period at no extra storage charge. Your replacement Storage Boxes will be subject to the same level of PingLocker’s liability as those Storage Boxes which they replace. Charges will apply as set out in clause 6.6 above, for:
6.10.5.1. collection of your replacement Storage Boxes; and
6.10.5.2. PingLocker to return your replacement Storage Boxes to your specified return address,
6.10.5.3. PingLocker may charge £10 administration fee to cover PingLocker’s costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to PingLocker.
6.11. If payment of the charges and any other amounts payable are not received by the due date, PingLocker may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 5), charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Barclays Bank plc from time to time, charge £5 per email sent, £2.00 per phone call, £10 per letter sent in the process of collecting the outstanding debt, and collect any charges from the debtor for auction or sales fees, and any transaction fees required.
6.12. PingLocker may review the monthly charges from time to time. If PingLocker increases the standard monthly rates for the charges:
6.12.1. for all new orders, the new standard rates will take immediate effect;
6.12.2. for existing customers who signed up to the Service on a rolling month by month basis, the new standard rates will be notified to you by email to your specified email address not less than 14 days in advance of your following monthly bill, and shall come into effect from that bill. If you do not agree to the increased charges you may terminate this Agreement in accordance with clause 13; and
6.12.3. for existing customers who signed up to the Service for a specified minimum period of months, the new standard rates will not affect the applicable charges specified to you when you placed the order on the Site.
6.12.4. PingLocker may review the charges for empty Storage Boxes and packing materials from time to time. If PingLocker increases the standard charges, the increased charges will take immediate effect for all new orders.
6.13. Additional charges as set out on the Site from time to time may be applied if:
6.13.1. you provide insufficient or inaccurate address information;
6.14. you are, or someone authorised by you is not, available at the premises during the specified delivery, collection or return period that you booked when requesting such delivery, collection or return and after reasonable efforts to contact you to rearrange;
6.15. PingLocker’s carrier is unable to access your premises to deliver or collect Storage Boxes and the delay lasts longer than twenty minutes;
6.16. delivery, collection or return of the Storage Boxes takes over one hour to complete from arrival at your address through no fault of PingLocker’s carrier;
6.17. you request that delivery, collection or return of the Storage Boxes be carried out outside of normal working hours (7.00am — 18.00pm Monday — Friday);
6.18. PingLocker has to deliver or collect Storage Boxes from above the ground floor without being able to use a lift.
7. RIGHT TO WITHHOLD OR DISPOSE OF GOODS
7.1. If you do not pay the charges or any other payments due under this Agreement, PingLocker shall have the right to withhold and ultimately dispose of some or all of the Goods in accordance with this clause 12. You will be responsible for all storage charges and other associated costs reasonably incurred by PingLocker while withholding or disposing of the Goods.
7.2. PingLocker will provide you with 28 days written notice requiring you to pay all amounts due and to contact PingLocker to arrange for re-delivery of the Storage Boxes. If, upon the expiration of the 28-day notice period you have failed to pay all of the amounts due, PingLocker may dispose of some or all of the Goods by sale, gift to charity, or otherwise.
7.3. If in PingLocker’s reasonable opinion the Goods cannot be sold for a reasonable price or at all (for any reason) or despite PingLocker’s reasonable efforts they remain unsold, you authorise PingLocker to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
7.4. You shall be responsible for all costs reasonably incurred by PingLocker in relation to the disposal of the Goods. If PingLocker receives money on disposal of the Goods the net proceeds of sale will be credited to your account and PingLocker will pay any excess to you without interest, less PingLocker’s administrative charge of £50.
7.5. If, after having made all reasonable efforts to do so, PingLocker is unable to return any excess to you, including having given not less than 90 days’ written notice to you in accordance with clause 25, PingLocker may retain any such excess for its own account.
7.6. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due under this Agreement and the costs of sale, you must pay any balance outstanding to PingLocker within seven days of a written demand from PingLocker. Interest will continue to accrue on the balance under clause 11.10 until it is paid in full.
7.7. PingLocker reserves the right to discard of items in storage or offer them to charitable organisations, after 28 days of requesting in writing a response from a customer with regards to their order.
8. RETURN OF PACKING MATERIALS
8.1. You are able to return unused packing materials that you have been charged for, that are in a re-saleable condition to PingLocker for a refund of up to £2.95 provided that you notify PingLocker of your intention to return the packing materials within 7 days of the date on which the packing materials are delivered to your specified delivery address.
8.2. PingLocker will not refund the delivery charge for you to return the packing materials to PingLocker.
8.3. Please notify PingLocker of your intention to return the packing materials by email. Your notification is effective from the date that the email is received by PingLocker.
8.4. Once the packing materials have been received by PingLocker, PingLocker will in its discretion:
8.4.1.refund you on the payment method used by you to pay for the packing materials; or
8.4.2.credit your account for the correct amount.
8.5. PingLocker recommends that you use a postage method that provides tracking for the parcel, so that you can prove when the packing materials are received back by PingLocker.
9. PINGLOCKER’S LIABILITY TO YOU
9.1. In this clause 9, PingLocker limits its liability to you in contract, tort (including negligence), bailment, or otherwise for the Goods. You acknowledge that PingLocker is unaware of the value of the Goods to be stored and does not insure or arrange insurance for the Goods. PingLocker recommends that you arrange your own insurance to cover the value of the Goods.
9.2. When PingLocker returns the Storage Boxes packed with your Goods to you, you must promptly examine the Goods and notify PingLocker of any loss of or damage to the Goods within two working days of redelivery of the Goods to you. If you fail to inform PingLocker within such time period, PingLocker will not be liable to you for any loss or damage.
9.3. In the event of a claim, PingLocker shall be entitled to require proof of the cost price and the current replacement cost of the Goods. You must respond promptly to PingLocker’s enquiries and requests for information in respect of the Goods. If you do not provide PingLocker with any information or documents requested by PingLocker within 28 days of PingLocker’s request, PingLocker will not be liable to you for the loss of or damage to the Goods.
9.4. In respect of each Storage Box, PingLocker’s total liability in contract, tort (including negligence), bailment, or otherwise for the Service or any breach of this Agreement by PingLocker or for any loss of or damage to the Goods (including loss or damage during collection, redelivery or storage) shall not in any event exceed the lower of:
9.4.1.the cost price of the Goods in the Storage Box;
9.4.2.the current replacement cost of the Goods in the Storage Box at the date of the claim; and
9.4.3.£100 or, if you chose to purchase a higher level of PingLocker’s liability for the applicable Storage Box in accordance with clause 11, such higher amount.
9.5. PingLocker shall not in any event be responsible in contract, tort (including negligence), bailment, or otherwise for loss or damage that falls into the following categories:
9.5.1.loss of or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by PingLocker or any deliberate or negligent act or omission on the part of PingLocker or its contractors;
9.5.2.any indirect or consequential loss that arises from special circumstances, such as loss arising as a result of you being delayed for or missing an appointment or flight, even if PingLocker was aware of the possibility of such a loss; or
9.5.3.loss of or damage to the Goods which is caused by your failure to comply with this Agreement;
9.5.4.loss of or damage to any Goods of a type listed in clause 4.3 or those set out in the Packaging Requirements under the heading “What we will not be liable for”;
9.5.5.loss of business, sales, revenue, profits, anticipated savings or goodwill, damage to reputation or wasted time; or
9.5.6.loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
9.6. PingLocker shall have no liability to you:
9.6.1.for damage to the Storage Boxes themselves (as opposed to the Goods inside the Storage Boxes); or
9.6.2.if the Goods are seized under any law or court order.
9.7. Nothing in these Terms of Service excludes or limits PingLocker’s liability for:
9.7.1.death or personal injury caused by PingLocker’s negligence; or
9.7.2.fraud or fraudulent misrepresentation.
10. HIGHER LEVEL OF LIABILITY
You may choose to purchase a higher level of PingLocker’s liability to that stated in clause 9.4.3 for an additional monthly fee at PingLocker’s standard rates for the time being in force as detailed on the Site and the App or as notified to you by PingLocker. However, the same level of PingLocker’s liability must apply to all of your Storage Boxes.
11. YOUR LIABILITY TO PINGLOCKER
You shall reimburse PingLocker in full an amount equal to all damages, liabilities, costs, claims and expenses that PingLocker may incur as a result of your use of the Service or any breach by you of this Agreement.
12. RIGHT TO CANCEL – “COOLING OFF PERIOD”
12.1. Each request for the Service by you shall constitute a separate contract between you and PingLocker on these Terms of Service.
12.2. Subject to clause 3, you have the right to change your mind and cancel each contract within 14 calendar days after the day on which you entered into the contract with PingLocker. If you wish to cancel within the 14 calendar days you must notify PingLocker in accordance with clause 13.
12.3. You acknowledge that you will lose your right to cancel if you request PingLocker to collect the Goods before the period of 14 calendar days elapses.
13. TERMINATION
13.1. You may terminate this Agreement at any time by requesting the return of your Storage Boxes packed with your Goods and paying any outstanding charges due to PingLocker.
13.2. PingLocker may terminate this Agreement with immediate effect by notice in writing to you, if:
13.2.1. you fail to pay any amount due, including any interest accrued, by the date due; or
13.2.2. you are in breach of any term of this Agreement.
13.3. PingLocker may terminate this Agreement for any reason by giving you not less than 30 days written notice.
13.4. Upon termination of this Agreement for any reason you must contact PingLocker promptly to arrange for re-delivery of the Storage Boxes.
13.5. If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of the Storage Boxes, then PingLocker may dispose of the Goods in accordance with the provisions of clause 12.
14. REFERRAL SCHEME
14.1. The PingLocker referral scheme allows you to earn credit to your PingLocker account by referring friends to PingLocker.
14.2. When you receive a referral code from PingLocker either by email or via the Site or the App, you may share the referral code with your friends in person, through the Site, Twitter, Facebook or by email.
14.3. You may not post your referral code on voucher websites or affiliate marketing schemes.
14.4. You may not create false accounts, fabricate redemptions or otherwise engage in attempts at forgery or fraud.
14.5. By default, the maximum referrals you can claim for is 15.
14.6. You agree that by sharing the referral code through the Site or the App your friend will be provided with your name and email address.
14.7. If:
14.7.1. a friend uses the referral code when using the Service for the first time; and
14.7.2. such friend does not cancel the Service within the cancellation period for such Service,
14.8. PingLocker shall credit the sum of £10 to your PingLocker account.
14.8.1. You acknowledge that a referred friend may only use one referral code.
14.8.2. The customer referral scheme is not open to PingLocker staff or Ambassadors.
14.8.3. In the event of any disputes regarding any referral credit the decision of PingLocker is final. PingLocker reserves the right to revoke any credit that has been deemed improperly acquired.
15. ASSIGNMENT AND SUB-CONTRACTING
15.1. You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without PingLocker’s prior written consent.
15.2. This Agreement shall be binding on your personal representatives, successors and permitted assigns.
15.3. PingLocker shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
15.4. PingLocker may sub-contract the performance of any of its obligations under this Agreement to any third party (including transportation and storage), but such sub-contracting shall not relieve PingLocker of any liability under this Agreement.
16. FORCE MAJEURE
16.1. PingLocker will not be liable or responsible for any damage to or loss of the Goods, or failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside its reasonable control (including but not limited to) Act of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
17. NOTICES
17.1. Any notice to be given under this Agreement may be delivered or be sent by prepaid registered post sent first class or may be transmitted by email addressed as follows:
17.2. if to PingLocker — to its head office address or email address as stated for the time being on the Site;
17.3. if to you — to the billing address or email address for you which you registered with PingLocker or which you last notified to PingLocker.
17.4. Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission.
18. PACKAGING REQUIREMENTS
18.1. WHAT WE WILL ACCEPT
18.1.1. Large boxes (either our PingLocker Large boxes or any double-walled cardboard box up to 45x45x60cm, 25kg)
18.1.2. Medium boxes, secured for transport (up to 45x45x30cm, 25kg) or poster/document tubes
18.1.3. Suitcase, bags, and sport bags (all items must be locked and be less than 25kg), and musical instruments in hard cases.
18.1.4. Bicycles, skis, snowboards (packed in an appropriate PingLocker box or in a hard travel case)
18.1.5. Printers, TVs and other electrical equipment within original packaging including polystyrene interior
18.1.6. Items of furniture or other outsize items (within M25 only, please call 0800 802 1018 to arrange) must be agreed to in writing.
18.2. WHAT WE WILL NOT ACCEPT
18.2.1. Single-walled cardboard boxes, including crisp boxes!
18.2.2. Any items not in a cardboard box
18.2.3. Bin bags, plastic bags, laundry bags, and canvas bags
18.2.4. Musical instruments in soft cases
18.2.5. Bicycles, skis and snowboards not in a PINGLOCKER box
18.2.6. Any item over 25kg, any box over 60x60x60cm other than PINGLOCKER-supplied boxes, or electronics not in their original boxes
18.2.7. Any goods containing liquids, chemicals or food
18.2.8. Please call us if you have items outside this range as we may be able to help
18.2.9. Anything containing items on our “banned list”
18.3. WHAT WE WILL NOT BE LIABLE FOR
18.3.1. In terms of outer packing, anything not packaged as per the “What we will accept list” above
18.3.2. In terms of contents,
18.3.3. Glass, crockery and other fragile items unless packed within a PingLocker crockery box
18.3.4. Goods with any glass element, and other fragile items.
18.3.5. Electronics
18.3.6. Jewellery, bullion
18.3.7. Antiques
18.3.8. The outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments
