CARAVAN & VEHICLE STORAGE FULL T&Cs
These Terms & Conditions form part of the Storage Agreement between Batch Nurseries Caravan & Vehicle Storage and the Owner named on the Storage Registration Form.
The Owner must read these Terms & Conditions carefully before placing any Vehicle or Stored Property at the Site.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Terms & Conditions:
“Batch Nurseries”, “we”, “us” and “our” mean Batch Nurseries Caravan & Vehicle Storage and its authorised owners, employees, representatives and site managers.
“Owner”, “you” and “your” mean the person named as the customer on the Storage Registration Form.
“Site” means the caravan and vehicle storage compound operated by Batch Nurseries at Batch Nurseries, Lympsham, Somerset, together with its entrances, access roads and associated areas.
“Storage Agreement” means the agreement between Batch Nurseries and the Owner comprising:
a. the Storage Registration Form;
b. these Terms & Conditions;
c. any written storage quotation, renewal notice or payment schedule; and
d. any additional written conditions agreed between Batch Nurseries and the Owner.
“Vehicle” means any caravan, motorhome, campervan, car, classic vehicle, trailer, boat, jet ski, recreational vehicle or other approved vehicle or equipment accepted by Batch Nurseries for storage.
“Stored Property” means the Vehicle together with any fitted equipment, accessories and contents left in or attached to it.
“Storage Space” means the area allocated by Batch Nurseries for the storage of the Vehicle.
“Storage Period” means the period during which the Vehicle remains at the Site, including any period following termination during which the Vehicle has not been removed.
1.2 Headings
Section headings are included for convenience only and do not affect the interpretation of the Storage Agreement.
1.3 Singular and plural
Words in the singular include the plural and words in the plural include the singular where the context requires.
1.4 Written communications
References to anything being agreed or notified “in writing” include communication by letter, email or text message sent using the contact details provided by the Owner.
2. THE STORAGE AGREEMENT
2.1 Formation of the agreement
The Storage Agreement begins when:
a. Batch Nurseries accepts the Vehicle for storage;
b. the Owner signs or otherwise accepts the Storage Registration Form and these Terms & Conditions; or
c. the Vehicle is first left at the Site,
whichever occurs first.
2.2 Acceptance of these Terms
By leaving a Vehicle at the Site, the Owner confirms that they have read, understood and accepted the Storage Agreement.
2.3 Personal agreement
The Storage Agreement is personal to the Owner. The Owner must not assign, transfer, sublet or otherwise pass the benefit of the Storage Space to another person without the prior written agreement of Batch Nurseries.
2.4 No exclusive right to a particular space
The Storage Agreement gives the Owner the right to store the approved Vehicle at the Site. It does not give the Owner an exclusive right to any particular numbered or physical Storage Space.
Batch Nurseries may allocate or change the Storage Space where reasonably required for operational, security, maintenance, access, capacity or safety reasons.
2.5 Storage only
The Storage Space is provided solely for the storage of the approved Vehicle and its ordinary fitted equipment.
The Owner must not use the Storage Space:
a. for residential or overnight accommodation;
b. as a workshop or business premises;
c. to store unrelated goods or waste;
d. for the sale, hire or commercial display of the Vehicle; or
e. for any unlawful purpose.
2.6 No guarantee of continuous availability
Batch Nurseries will take reasonable steps to provide the agreed storage service. However, access to all or part of the Site may occasionally be restricted where reasonably necessary because of an emergency, essential maintenance, security incident, severe weather, instruction from an authority or another circumstance outside our reasonable control.
2.7 Accuracy of information
The Owner must ensure that all information given to Batch Nurseries is complete and accurate.
Batch Nurseries may rely upon the information provided on the Storage Registration Form unless the Owner gives us written notice that it has changed.
3. VEHICLES AND PROPERTY ACCEPTED FOR STORAGE
3.1 Prior approval
Only Vehicles and Stored Property approved by Batch Nurseries may be brought onto or stored at the Site.
Acceptance of one type of Vehicle does not oblige Batch Nurseries to accept any replacement or additional Vehicle.
3.2 Types of Vehicle
Subject to prior approval and available space, Batch Nurseries may accept:
a. touring caravans;
b. motorhomes and campervans;
c. cars and classic vehicles;
d. trailers;
e. boats and jet skis carried on suitable trailers; and
f. other vehicles or recreational equipment specifically agreed by Batch Nurseries.
3.3 Right to refuse storage
Batch Nurseries may refuse to accept any Vehicle or Stored Property which we reasonably consider:
a. unsafe, unstable or unsuitable for storage;
b. likely to cause injury, fire, contamination or damage;
c. inadequately secured;
d. unlawfully possessed or used;
e. substantially different from the description supplied by the Owner;
f. too large or heavy for the allocated area or access route;
g. affected by a fuel, oil, gas, battery, sewage or other hazardous leak;
h. infested by rodents, insects or other pests; or
i. likely to interfere with the safe and proper operation of the Site.
3.4 Changes to the Vehicle
The Owner must obtain the prior written approval of Batch Nurseries before replacing the Vehicle or making any material change which affects its:
a. dimensions;
b. weight;
c. fuel or propulsion type;
d. battery system;
e. registration or identification details; or
f. suitability for the allocated Storage Space.
3.5 Contents
Batch Nurseries accepts the Vehicle for storage, not its contents.
The Owner must not leave money, jewellery, identity documents, firearms, controlled substances or other unusually valuable, illegal, dangerous or irreplaceable property inside the Vehicle.
3.6 Prohibited property
The following must not be stored in or around the Vehicle unless Batch Nurseries has expressly agreed otherwise in writing:
a. loose petrol, diesel or other fuel containers;
b. spare or unconnected LPG cylinders;
c. fireworks, explosives or ammunition;
d. compressed-gas cylinders other than correctly installed cylinders forming part of the Vehicle;
e. corrosive, toxic or hazardous chemicals;
f. flammable waste or contaminated materials;
g. perishable food likely to attract pests;
h. illegal goods or substances; or
i. any item which may invalidate the Owner’s insurance or materially increase the risk to the Site.
3.7 No acceptance by silence
The fact that Batch Nurseries has not identified an unsafe or prohibited condition does not mean that it has inspected, approved or accepted responsibility for that condition.
4. THE OWNER’S AUTHORITY AND CONTINUING RESPONSIBILITIES
4.1 Authority to enter the agreement
The Owner confirms and warrants that they:
a. are the legal owner of the Vehicle; or
b. have the full authority of the legal owner and any finance provider or other interested party to enter into the Storage Agreement.
4.2 Evidence of ownership and identity
Batch Nurseries may require reasonable evidence of:
a. the Owner’s identity and address;
b. ownership of the Vehicle;
c. authority to store the Vehicle;
d. the Vehicle’s registration, chassis, VIN or serial number; and
e. valid insurance.
The Owner must provide such evidence within a reasonable period when requested.
4.3 Insurance and evidence of cover
The Owner must maintain adequate and valid insurance for the Vehicle and Stored Property throughout the Storage Period.
Before the Vehicle is accepted for storage, the Owner must provide Batch Nurseries with satisfactory evidence of current insurance showing, as a minimum:
a. the insured Vehicle or Stored Property;
b. the name of the policyholder;
c. the insurer; and
d. the period of cover.
The insurance must be appropriate for the type of Vehicle and must cover it while stored at the Site.
The Owner must provide updated evidence of cover whenever the policy is renewed or replaced and at any other reasonable time requested by Batch Nurseries.
Failure to provide or maintain satisfactory evidence of valid insurance is a serious breach of the Storage Agreement. Batch Nurseries may refuse storage, suspend access or terminate the Storage Agreement until valid evidence is supplied.
Batch Nurseries’ acceptance of an insurance document does not amount to confirmation that the policy provides adequate or effective cover. The Owner remains responsible for checking the terms, conditions, exclusions and security requirements of their policy.
4.4 Compliance with insurance conditions
The Owner is responsible for complying with all conditions imposed by their insurer, including any requirement concerning:
a. hitch locks;
b. wheel clamps or wheel locks;
c. alarms, immobilisers or tracking devices;
d. battery maintenance;
e. storage-site accreditation; or
f. notification of the storage address.
Batch Nurseries does not warrant that the security arrangements at the Site satisfy the particular requirements of every insurance policy.
4.5 Contact details
The Owner must provide and maintain:
a. a current postal address;
b. a current telephone number;
c. a current email address; and
d. the name and contact details of an emergency contact.
Any change must be notified to Batch Nurseries promptly in writing.
4.6 Responsibility for authorised persons
The Owner is responsible for the conduct of any family member, guest, contractor, driver or other person whom the Owner permits or asks to visit the Site or access the Vehicle.
Any breach of the Storage Agreement by such a person will be treated as a breach by the Owner.
4.7 Legal compliance
The Owner remains responsible for ensuring that the Vehicle and Stored Property comply with all applicable legal requirements.
Where the Vehicle is driven or towed on a public road, the Owner is responsible for ensuring that it is roadworthy and that any legally required insurance, registration, driving licence, tax or MOT is in place.
4.8 Changes in ownership or circumstances
The Owner must notify Batch Nurseries immediately if:
a. ownership of the Vehicle changes;
b. the Vehicle becomes subject to repossession, seizure, a court order or a dispute over ownership;
c. the Owner’s authority to store the Vehicle ends;
d. the insurance is cancelled, lapses or materially changes;
e. the Vehicle is reported stolen; or
f. any circumstance arises which may affect the safety or lawful storage of the Vehicle.
4.9 Owner remains responsible
The Owner remains responsible for the Vehicle, its condition, maintenance, insurance, contents and legal status throughout the Storage Period.
Acceptance of the Vehicle by Batch Nurseries does not transfer those responsibilities to Batch Nurseries.
5. PREPARING AND MAINTAINING THE VEHICLE FOR STORAGE
5.1 General condition
The Owner must ensure that the Vehicle is safe, stable, clean and suitable for storage before it is left at the Site.
The Vehicle must remain in a condition which does not create a risk to people, property, neighbouring vehicles, the environment or the operation of the Site.
5.2 Gas systems
Where the Vehicle contains an LPG or other gas system, the Owner must ensure that:
a. all gas cylinder valves are fully turned off;
b. all cylinders are disconnected from the Vehicle’s gas installation;
c. all gas appliances are switched off;
d. cylinders remain upright and securely retained within their intended ventilated gas locker or mounting;
e. no loose or spare cylinders are left elsewhere in or around the Vehicle;
f. gas pipes, regulators, hoses and fittings are not known or suspected to be defective; and
g. no gas leak is present.
Gas cylinders do not have to be removed from the Vehicle unless Batch Nurseries reasonably requires their removal because of their condition, location, installation or a specific safety concern.
5.3 Electrical systems
Before leaving the Vehicle unattended, the Owner must ensure that:
a. any mains electrical hook-up is disconnected;
b. hook-up leads are removed and stored safely;
c. electrical appliances are switched off;
d. portable heaters, chargers and other temporary electrical equipment are disconnected; and
e. the electrical system is not known or suspected to be unsafe.
No Vehicle may remain connected to the Site’s electricity supply while in storage unless Batch Nurseries has expressly authorised this in writing.
5.4 Batteries
The Owner is responsible for ensuring that all starter, leisure, traction and auxiliary batteries are safe and suitable for storage.
Where reasonably practicable and consistent with the manufacturer’s and insurer’s requirements, batteries must be isolated or placed into an appropriate storage mode.
The Owner must not leave a battery at the Site if it is damaged, swollen, leaking, overheating, subject to a safety recall or otherwise suspected to be unsafe.
The Owner must notify Batch Nurseries before storing a Vehicle fitted with a materially damaged or defective lithium-ion battery. Batch Nurseries may refuse storage or require professional evidence that the battery is safe.
5.5 Fuel, oil and other fluids
The Vehicle must not be left at the Site if it has any known or suspected leak of:
a. petrol, diesel or other fuel;
b. engine, gearbox or hydraulic oil;
c. coolant or brake fluid;
d. LPG or other gas;
e. sewage or chemical-toilet fluid; or
f. any other hazardous or contaminating substance.
The Owner must notify Batch Nurseries immediately if a leak or contamination is discovered during the Storage Period.
5.6 Water and sanitation systems
Where applicable, the Owner must:
a. switch off water pumps;
b. empty or secure waste-water and chemical-toilet systems;
c. ensure that tanks, pipes and appliances are prepared appropriately for the expected weather conditions; and
d. prevent the escape of water, sewage or chemicals.
5.7 Openings and external fittings
Before leaving the Site, the Owner must ensure that all doors, windows, roof lights, lockers, access panels, awnings, aerials and other external fittings are closed, retracted, secured or locked as appropriate.
5.8 Security devices and keys
The Owner must secure the Vehicle using suitable locks and any security devices required by the Owner’s insurer.
All keys remain in the possession and control of the Owner unless Batch Nurseries expressly agrees otherwise in writing.
Batch Nurseries is not responsible for maintaining, charging, monitoring or responding to privately fitted alarms, trackers or security systems.
5.9 Brakes, chocks, supports and tyres
The Owner must ensure that the Vehicle is safely positioned and protected against unintended movement.
For caravans, trailers and other unpowered Vehicles, the Owner may leave the handbrake released to reduce the risk of the braking mechanism seizing during prolonged storage. Where the handbrake is released, suitable wheel chocks must be securely positioned before the Vehicle is left unattended.
Where the handbrake is applied, the Owner remains responsible for its condition and for any deterioration or seizure arising during storage.
Corner steadies, jockey wheels, axle stands and other supports must be used only in accordance with the manufacturer’s instructions and must not damage the Storage Space or make the Vehicle unstable.
The Owner must follow any reasonable instruction given by Batch Nurseries concerning the positioning of wheels, chocks, brakes or supports.
5.10 Cleanliness and pests
The Vehicle must be free from loose waste, perishable food, material likely to attract rodents or insects, and any known pest infestation.
Where a Vehicle is found to be infested or likely to affect neighbouring property, Batch Nurseries may require the Owner to arrange prompt professional treatment or remove the Vehicle from the Site.
5.11 Ongoing inspection and maintenance
The Owner is responsible for inspecting and maintaining the Vehicle throughout the Storage Period.
Batch Nurseries does not undertake routine checks of tyre pressures, batteries, fluid levels, seals or weatherproofing, damp or condensation, alarms or trackers, or the mechanical condition of the Vehicle.
5.12 Unsafe condition arising during storage
If Batch Nurseries reasonably believes that the Vehicle has become unsafe, insecure or likely to cause damage, we may require the Owner to inspect, repair or remove it within a stated reasonable period.
Where there is an immediate risk to people, property or the environment, Batch Nurseries may take reasonable emergency action without first obtaining the Owner’s consent. Any action taken will be limited to what is reasonably necessary in the circumstances.
The Owner will be responsible for reasonable costs arising from an unsafe condition of the Vehicle, except to the extent that the condition or cost was caused by negligence or breach of duty by Batch Nurseries.
6. FIRE, ELECTRICAL AND EMERGENCY SAFETY
6.1 General duty
The Owner must take all reasonable precautions to prevent fire, explosion, electrical fault, contamination or any other emergency arising from the Vehicle or Stored Property.
The Owner must comply with all fire-safety signs, instructions and procedures in force at the Site.
6.2 Gas isolation
All gas systems must comply with clause 5.2.
Gas cylinder valves must remain turned off and the cylinders disconnected throughout the Storage Period except while the Vehicle is attended and Batch Nurseries has expressly permitted their temporary use.
No gas appliance may be operated within the storage compound.
6.3 Electrical connection and charging
A Vehicle must not remain connected to the Site’s mains electricity supply unless Batch Nurseries has expressly authorised the connection in writing and specified the conditions under which it may be used.
The following are prohibited without prior written permission:
a. unattended battery charging;
b. unattended electric-vehicle charging;
c. the use of portable heaters;
d. the use of extension leads or temporary electrical installations;
e. operating generators; and
f. leaving electrical equipment energised outside the Vehicle.
Any authorised charging equipment must be suitable for its intended use, maintained in safe condition and used in accordance with the manufacturer’s instructions.
6.4 Solar panels and permanent charging systems
Permanently fitted solar panels, battery conditioners and manufacturer-installed energy-management systems may remain operational provided that:
a. they form part of a properly installed permanent system;
b. they are intended by the manufacturer to operate unattended;
c. they are not known or suspected to be defective;
d. their continued operation does not breach the Owner’s insurance policy; and
e. Batch Nurseries has not instructed the Owner to isolate them because of a specific safety concern.
6.5 Naked flames and ignition sources
Smoking, vaping, barbecues, camping stoves, candles, fire pits, naked flames and other avoidable ignition sources are prohibited within the storage compound.
No person may carry out hot work, including welding, cutting, grinding, brazing or soldering, without the prior written permission of Batch Nurseries and any precautions required by us.
6.6 Flammable and hazardous materials
The Owner must not bring onto or store at the Site any loose fuel, hazardous substance, explosive material or other prohibited property described in clause 3.6.
Batch Nurseries may require the immediate removal of any item which it reasonably considers to present an increased fire, explosion, contamination or security risk.
6.7 Fire lanes, access routes and equipment
The Owner must not obstruct access roads, fire lanes, emergency exits, gates, hydrants or water points, fire alarm points, extinguishers or any other emergency equipment.
Nothing may be left between, beneath or around stored Vehicles without the prior agreement of Batch Nurseries.
6.8 Vehicle spacing
Vehicles must be parked only in the position directed by Batch Nurseries.
The Owner must not alter the position of a Vehicle or reduce the spacing between Vehicles without permission.
Batch Nurseries will determine the layout and spacing of stored Vehicles having regard to its fire-risk assessment, emergency access requirements and safe operation of the Site.
6.9 Discovery of a hazard
Any person discovering smoke, fire, a gas smell, leaking fuel, overheating equipment, damaged electrical components or another apparent hazard must:
a. move away from the immediate danger;
b. raise the alarm;
c. contact the emergency services where appropriate; and
d. notify Batch Nurseries as soon as it is safe to do so.
No person should attempt to enter, start, move or repair an affected Vehicle unless it is safe and they are competent and authorised to do so.
6.10 Emergency action by Batch Nurseries
Where Batch Nurseries reasonably believes there is an immediate risk to life, property or the environment, we may take such emergency action as is reasonably necessary.
This may include contacting the emergency services, isolating electricity or other services, moving nearby property where practicable, using fire-safety or spill-control equipment, arranging professional recovery or specialist assistance, breaking a lock or gaining entry to a Vehicle where entry is reasonably necessary to address the immediate risk, or removing the Vehicle or Stored Property from the affected area.
Where practicable, Batch Nurseries will attempt to contact the Owner before taking action. However, an inability to contact the Owner will not prevent reasonable emergency action.
The Owner must reimburse Batch Nurseries for reasonable costs directly arising from a fault, defect, prohibited item or unsafe condition attributable to the Vehicle or Stored Property, except to the extent that the loss or cost was caused by the negligence or breach of duty of Batch Nurseries.
6.11 Emergency information
The Owner must inform Batch Nurseries of any unusual feature of the Vehicle which may materially affect emergency response, including high-voltage electric or hybrid systems, non-standard fuel systems, significant lithium-battery installations, adapted mobility equipment, unusual gas installations, or any other known hazard not reasonably apparent from an external inspection.
7. ACCESS TO THE SITE AND CUSTOMER CONDUCT
7.1 Access by arrangement
Access to the Site is by prior arrangement with Batch Nurseries and during the access periods notified by us.
The Owner must not assume that immediate or unrestricted access will always be available.
Batch Nurseries may reasonably change access arrangements where necessary for security, maintenance, staffing, safety or operational reasons.
7.2 Identification and authority
Batch Nurseries may require any person seeking access to provide satisfactory identification and evidence that they are authorised by the Owner.
Batch Nurseries may refuse or delay access where the person cannot be satisfactorily identified, authority to access the Vehicle is unclear or disputed, storage charges are overdue and access has been suspended under the Storage Agreement, access would be unsafe, or access would interfere with emergency, maintenance or security operations.
7.3 Authorised persons
The Owner may nominate another person to access or collect the Vehicle, but must notify Batch Nurseries in advance.
Notification must provide sufficient information for Batch Nurseries to identify the authorised person and establish the extent of their authority.
The Owner remains responsible for the actions and omissions of every person authorised by them.
7.4 Visitors and contractors
Visitors, recovery operators, tradespeople and contractors may enter the storage compound only with prior permission.
Batch Nurseries may require contractors to provide evidence of competence, insurance or risk controls before allowing work or recovery activity at the Site.
7.5 Site speed and vehicle operation
The maximum speed throughout the Site is 5 mph.
Vehicles must be driven, manoeuvred and towed carefully and with due regard for pedestrians, other Vehicles, buildings, gates, equipment and ground conditions.
Dangerous, careless or inconsiderate driving is prohibited.
7.6 Reversing and manoeuvring
The driver is responsible for ensuring that any manoeuvre can be completed safely.
Where visibility is restricted or there is a risk of collision, the driver must use a competent banksman or request assistance before continuing.
Any assistance given by Batch Nurseries does not remove the driver’s responsibility for controlling the Vehicle safely.
7.7 Children and vulnerable persons
Children and any person requiring supervision must remain under the direct control of a responsible adult while at the Site.
They must not be allowed to play within the storage compound, climb on Vehicles or interfere with gates, security equipment or fire-safety equipment.
7.8 Dogs and other animals
Dogs must be kept on a lead and under proper control while at the Site.
The person responsible for an animal must remove any fouling immediately and ensure that the animal does not enter, damage or disturb another customer’s Vehicle or property.
Batch Nurseries may refuse access to an animal which is dangerous, uncontrolled or causing a nuisance.
7.9 Prohibited conduct
The following are prohibited:
a. abusive, threatening, discriminatory or violent behaviour;
b. intoxication or possession of illegal substances;
c. tampering with gates, fencing, CCTV, ANPR, alarms or access controls;
d. entering another customer’s Storage Space or Vehicle without authority;
e. obstructing access routes;
f. leaving rubbish or discarded equipment;
g. using drones without prior written permission;
h. photography or filming which unreasonably interferes with the privacy or security of others; and
i. any conduct likely to cause danger, nuisance, damage or disruption.
7.10 Accidents and damage
Any accident, injury, collision, spill, security incident or damage occurring at the Site must be reported to Batch Nurseries immediately or as soon as reasonably practicable.
The Owner must provide any information reasonably required to investigate the incident, including the names of those involved and relevant insurance details.
7.11 Temporary restrictions
Batch Nurseries may temporarily close or restrict access to all or part of the Site where reasonably necessary because of fire or another emergency, severe weather or unsafe ground conditions, maintenance or construction work, a security incident, instructions from the police, fire service, local authority or another competent authority, or another circumstance outside our reasonable control.
Where reasonably practicable, customers will be informed of significant planned restrictions in advance.
8. SECURITY, CCTV, PHOTOGRAPHS AND KEYS
8.1 Site security
Batch Nurseries operates physical and electronic security measures intended to deter unauthorised access and assist with site management.
These measures may include perimeter fencing, controlled or gated access, CCTV, ANPR, lighting, access logs, and staff or management checks.
The existence of security measures does not amount to a guarantee that theft, vandalism, intrusion or damage cannot occur.
8.2 Owner’s security responsibilities
The Owner must lock the Vehicle whenever it is unattended; secure windows, lockers and other openings; activate alarms, immobilisers and trackers where fitted and required; fit any hitch lock, wheel lock, clamp or other device required by the Owner’s insurer; safeguard all keys, access codes and security credentials; and notify Batch Nurseries promptly of any known security defect or suspicious activity.
8.3 Keys
All keys remain with the Owner.
Batch Nurseries does not accept responsibility for storing, safeguarding or providing access to the Owner’s keys unless a separate written arrangement is expressly agreed.
Because Batch Nurseries does not normally hold keys, the Owner acknowledges that we may be unable to enter, start or routinely move a locked Vehicle.
This does not restrict Batch Nurseries’ right to take proportionate emergency action under clause 6.10.
8.4 Access codes and security information
Gate codes, entry instructions and other security information are confidential.
The Owner must not disclose them except to a person whom the Owner has properly authorised to access the Site.
The Owner must notify Batch Nurseries immediately if they believe that any code, key, remote control or security credential has been lost, copied, disclosed or compromised.
8.5 CCTV and ANPR
CCTV and, where applicable, ANPR may operate at the Site for purposes including protecting people and property, preventing and detecting crime, controlling and reviewing access, investigating accidents or security incidents, and managing the safe operation of the Site.
CCTV images and registration information constitute personal data where an individual can be identified.
Further information about how personal information is collected, used, retained and disclosed will be set out in Batch Nurseries’ Privacy Notice.
8.6 Disclosure of recordings and information
Batch Nurseries may disclose relevant CCTV, ANPR, access or incident information where reasonably necessary to the police or emergency services, insurers or loss adjusters, legal or professional advisers, courts or regulatory authorities, contractors supporting the security system, or another person where disclosure is permitted or required by law.
8.7 Photographic condition records
Batch Nurseries may photograph or record the exterior of the Vehicle when it first arrives, when it is repositioned, following an incident, where damage or deterioration is observed, and when it leaves the Site.
The purpose of these records is identification, site management, security and evidence of apparent condition.
A photographic record is not a full inspection, valuation or confirmation that the Vehicle is free from damage or defects.
8.8 Trackers and private surveillance equipment
The Owner is responsible for any tracking device, dash camera, internal camera or other surveillance equipment installed in the Vehicle.
The Owner must ensure that its use complies with applicable law and does not unlawfully monitor neighbouring Vehicles, customers, staff or private areas of the Site.
8.9 Security incidents
The Owner must report any suspected theft, attempted theft, vandalism or unauthorised access promptly.
The Owner remains responsible for notifying their insurer and the police where appropriate.
Batch Nurseries will provide reasonable cooperation with an investigation, subject to data-protection law and the availability of relevant records.
9. VEHICLE POSITIONING, ACCESS AND MOVEMENT
9.1 Allocated position
The Owner must place the Vehicle only in the Storage Space or position directed by Batch Nurseries.
The Owner must not exchange, sublet, widen, mark out or otherwise alter the Storage Space.
9.2 Positioning instructions
The Owner must comply with reasonable directions concerning the direction in which the Vehicle faces, spacing from neighbouring Vehicles, hitch or drawbar position, wheel chocks and brakes, supports and steadies, clearance from roads, fences and emergency equipment, and access required for inspection or emergency response.
9.3 Owner responsible for manoeuvring
Unless expressly agreed otherwise, the Owner is responsible for delivering, positioning, collecting and manoeuvring the Vehicle.
The Owner must ensure that the Vehicle and any towing vehicle are suitable for the Site’s access routes and ground conditions.
9.4 Batch Nurseries assistance
Where Batch Nurseries agrees to assist with manoeuvring, that assistance does not transfer control of the Vehicle unless Batch Nurseries expressly takes control using its own authorised driver or equipment.
The Owner must disclose any relevant defect, unusual control, immobiliser, braking issue, steering issue or weight restriction before assistance begins.
9.5 Relocation of unlocked or accessible Vehicles
Batch Nurseries may reposition a Vehicle where it is reasonably necessary for fire safety, emergency access, site maintenance, repairs to the ground, fencing, services or security systems, operational reorganisation, prevention of damage, or compliance with an instruction from a competent authority.
Where the Vehicle can be moved safely without a key and without defeating a security device, Batch Nurseries may reposition it using suitable equipment and reasonable care.
9.6 Locked or immobilised Vehicles
Where a Vehicle cannot be moved because it is locked, clamped, immobilised or otherwise inaccessible, Batch Nurseries may require the Owner to attend and make it movable within a reasonable period.
The Owner must cooperate where relocation is reasonably required.
If the Owner fails to attend and relocation is necessary but not an emergency, Batch Nurseries may arrange specialist recovery or movement at the Owner’s reasonable cost.
9.7 Emergency movement
In an emergency, clause 6.10 applies.
Batch Nurseries may arrange movement or recovery without prior consent where delay would create or prolong a material risk to people, property, the environment or emergency access.
9.8 Reasonable care
When Batch Nurseries or a contractor appointed by it takes control of or moves a Vehicle, reasonable care will be taken.
Nothing in the Storage Agreement excludes liability for loss or damage caused by a failure by Batch Nurseries to exercise reasonable care.
9.9 Owner moving the Vehicle
The Owner must not move their Vehicle into another Storage Space or reposition another customer’s Vehicle.
The Owner must check that the route is clear and that all locks, cables, steadies, chocks and external connections have been released before movement.
The Owner is responsible for damage caused while the Vehicle is under their control or the control of a person authorised by them.
9.10 Collection and return
When temporarily removing a Vehicle, the Owner must notify Batch Nurseries in accordance with the current access procedure.
Batch Nurseries does not guarantee that the same physical Storage Space will remain available when the Vehicle returns.
Any replacement or materially different Vehicle requires prior approval under clause 3.4.
10. REPAIRS, MAINTENANCE, CLEANING AND CONTRACTORS
10.1 Storage use only
The Site is provided for storage and access associated with storage. It is not a workshop, service area, wash bay, residential pitch or commercial trading premises.
10.2 Minor owner checks
The Owner may carry out brief visual inspections and minor tasks reasonably associated with collection or return, provided they do not create noise, fumes, dust, sparks or waste; do not involve dismantling or lifting the Vehicle; do not obstruct access; do not create a risk to people or property; and comply with any instruction given by Batch Nurseries.
Examples may include checking tyre pressure, fitting or removing security devices and preparing the Vehicle for immediate departure.
10.3 Work requiring permission
The following must not be undertaken without prior written permission:
a. mechanical servicing or repairs;
b. engine work;
c. bodywork or restoration;
d. gas-system work;
e. electrical installation or rewiring;
f. battery replacement involving a high-voltage or specialist system;
g. lifting or jacking the Vehicle;
h. wheel, brake or suspension work;
i. pressure washing, steam cleaning or extensive valeting;
j. draining fuel, oil, coolant or other fluids;
k. painting, spraying or application of solvents; and
l. any work by a contractor.
10.4 Prohibited work
The following are prohibited within the storage compound:
a. welding;
b. grinding;
c. flame cutting;
d. soldering or brazing;
e. spray painting;
f. use of naked flames;
g. fuel transfer;
h. engine tuning or prolonged engine running; and
i. any activity which produces sparks, significant heat, combustible dust, hazardous vapour or uncontrolled discharge.
10.5 Emergency work
Batch Nurseries may permit limited emergency work where it is reasonably necessary to make a Vehicle safe or enable its prompt removal.
Permission may be subject to conditions, including use of a competent contractor, production of insurance documents, movement to a designated area, provision of fire or spill precautions, restriction of working hours, and immediate removal of all waste.
10.6 Contractors
Any contractor attending at the Owner’s request acts for the Owner and not for Batch Nurseries.
The Owner is responsible for obtaining prior permission, ensuring the contractor is competent and suitably insured, supervising access where required, ensuring compliance with Site rules, and paying for all work and making good any damage or contamination caused.
Batch Nurseries may require a contractor to leave the Site if their work is unsafe, unauthorised, disruptive or inadequately insured.
10.7 Running engines
Engines must not be left running unnecessarily.
An engine may be run briefly where reasonably required for collection, movement or a basic maintenance check, provided that it does not cause excessive noise, fumes or danger.
Engines must not be run to charge batteries for prolonged periods within the storage compound.
10.8 Cleaning
Light cleaning by hand may be permitted provided that neighbouring Vehicles are not affected; no chemical, detergent, oil or waste water enters the ground or drainage system; hoses and electrical equipment are not used without permission; and all waste is removed.
Batch Nurseries may prohibit cleaning during adverse weather, water restrictions, maintenance operations or where ground conditions make it unsuitable.
10.9 Waste and contamination
The Owner must remove all tools, parts, packaging, refuse and waste arising from any permitted activity.
No oil, fuel, chemical, toilet waste, contaminated water or other substance may be discharged onto the Site.
The Owner will be responsible for the reasonable cost of cleaning, containment, environmental remediation or specialist disposal required because of a release attributable to the Vehicle or to a person acting on the Owner’s behalf, except to the extent caused by Batch Nurseries’ negligence.
10.10 No responsibility for maintenance
Batch Nurseries does not inspect, service, exercise, start, charge, clean or maintain the Vehicle unless a separate service has been expressly agreed in writing.
The Owner remains responsible for all deterioration arising from inactivity, weather exposure and the passage of time.
11. STORAGE FEES, PAYMENT AND PRICE CHANGES
11.1 Storage fees
Storage fees are payable monthly in advance at the rates published by Batch Nurseries or otherwise agreed in writing.
11.2 Payment method
Unless agreed otherwise, all storage fees must be paid by Standing Order or another payment method approved by Batch Nurseries.
11.3 Due date
The monthly storage fee falls due on the agreed monthly payment date and must be received in cleared funds.
11.4 No pro-rata refunds
Storage fees are charged for complete calendar payment periods.
Where the Owner removes the Vehicle before the end of a paid period, no refund, credit or pro-rata repayment will be made unless Batch Nurseries has expressly agreed otherwise in writing before the Vehicle is removed.
11.5 Missed payments
If payment has not been received within seven (7) days of the due date, Batch Nurseries may contact the Owner to establish the reason for non-payment and request immediate settlement.
11.6 Continued non-payment
If any amount remains unpaid after written reminder, Batch Nurseries may:
a. suspend access to the Vehicle;
b. refuse further access appointments;
c. charge reasonable recovery costs where legally recoverable;
d. terminate this Agreement; and
e. exercise any rights available under this Agreement or at law.
11.7 Returned payments
The Owner remains responsible for any bank charges or reasonable administrative costs arising from failed or reversed payments.
11.8 Price reviews
Batch Nurseries may review its storage charges from time to time.
Any increase will apply only after giving the Owner not less than 30 days' written notice.
The Owner may remove the Vehicle before the new charges take effect if they do not wish to continue storage. No refund will be made for any current paid period.
11.9 Taxes
All fees include or exclude VAT as stated on the invoice. Where VAT becomes chargeable by law it will be added at the prevailing rate.
11.10 Debt recovery
The Owner shall remain liable for all unpaid storage fees together with any reasonable legal, tracing or debt recovery costs recoverable by law.
12. LIABILITY
12.1 Nature of the service
Batch Nurseries provides secure vehicle storage.
Batch Nurseries is not a warehouseman, bailee with unlimited responsibility, insurer or guarantor of the Vehicle or Stored Property.
12.2 Owner's responsibility
The Owner remains responsible at all times for the Vehicle, its contents, maintenance, security and insurance.
12.3 Reasonable care
Batch Nurseries will exercise reasonable care in operating the Site.
Nothing in this Agreement excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability which cannot legally be excluded.
12.4 Risks remaining with the Owner
Subject to clause 12.3, the Owner accepts responsibility for loss or deterioration arising from matters including:
a. weather;
b. condensation;
c. damp;
d. corrosion;
e. flat batteries;
f. tyre deterioration;
g. vermin or insects entering the Vehicle;
h. natural ageing;
i. manufacturer defects; or
j. inadequate preparation for storage.
12.5 Contents
Batch Nurseries accepts no responsibility for cash, jewellery, documents or other valuables left inside the Vehicle.
12.6 No guarantee against crime
Although security measures are in place, Batch Nurseries cannot guarantee that theft, attempted theft, vandalism or criminal damage will never occur.
12.7 Limitation
Where Batch Nurseries is legally responsible for loss or damage, liability shall be limited to losses which are reasonably foreseeable and directly caused by its breach of duty.
13. DAMAGE, CLAIMS AND INSURANCE
13.1 Reporting damage
The Owner must report any suspected damage or incident as soon as reasonably practicable.
13.2 Insurance claims
The Owner remains responsible for making any claim under their own insurance policy.
Batch Nurseries will provide reasonable assistance by supplying information reasonably available.
13.3 Condition records
Photographs taken by Batch Nurseries are evidence of apparent external condition only.
They are not a structural inspection or valuation.
13.4 Damage caused by the Owner
The Owner shall reimburse Batch Nurseries for the reasonable cost of repairing damage caused by:
a. the Vehicle;
b. the Owner;
c. authorised visitors;
d. contractors instructed by the Owner; or
e. any person under the Owner's control.
13.5 Indemnity
The Owner shall indemnify Batch Nurseries against reasonable losses, claims, costs or liabilities arising directly from the Owner's breach of this Agreement or from an unsafe condition of the Vehicle, except where caused by the negligence or breach of duty of Batch Nurseries.
14. TERMINATION
14.1 Termination by the Owner
The Owner may terminate this Agreement at any time by removing the Vehicle and paying all outstanding sums.
No refund shall be payable for any unused part of a paid storage period unless previously agreed in writing.
14.2 Termination by Batch Nurseries
Batch Nurseries may terminate this Agreement immediately where the Owner:
a. seriously breaches these Terms;
b. fails to maintain insurance;
c. repeatedly pays late;
d. stores an unsafe Vehicle;
e. behaves abusively towards staff; or
f. uses the Site unlawfully.
14.3 Removal
Following termination, the Owner must remove the Vehicle promptly and by any date reasonably specified by Batch Nurseries.
14.4 Continuing charges
Storage charges continue until the Vehicle has been removed from the Site.
14.5 Property left behind
Any property left after removal of the Vehicle may be treated as abandoned after reasonable notice.
15. OVERDUE ACCOUNTS, UNCOLLECTED VEHICLES AND ABANDONED PROPERTY
15.1 Failure to collect
If the Vehicle remains after termination, storage charges continue to accrue.
15.2 Contact attempts
Batch Nurseries will make reasonable attempts to contact the Owner using the latest contact details supplied.
15.3 Statutory rights
Where the Vehicle remains uncollected, Batch Nurseries may exercise any rights available under the Torts (Interference with Goods) Act 1977 or any replacement legislation.
15.4 Notice
Before disposing of or selling any Vehicle, Batch Nurseries will provide any notices required by law.
15.5 Sale proceeds
Any proceeds received shall first be applied towards:
a. outstanding storage charges;
b. reasonable recovery costs;
c. legal expenses where recoverable; and
d. costs of sale or disposal.
Any remaining balance shall be dealt with in accordance with applicable law.
15.6 No unlawful disposal
Nothing in this Agreement permits Batch Nurseries to dispose of any Vehicle except in accordance with applicable law.
15.7 Survival
Clauses relating to payment, liability, insurance, data protection and dispute resolution survive termination of this Agreement.
16. PRIVACY, CCTV AND DATA PROTECTION
16.1 Personal information
Batch Nurseries collects and processes personal information for the purposes of administering the Storage Agreement, managing the Site, providing security, complying with legal obligations and protecting legitimate business interests.
16.2 Information collected
Information may include:
a. name and address;
b. telephone number and email address;
c. emergency contact details;
d. vehicle registration, VIN or chassis number;
e. insurance information;
f. payment records;
g. CCTV and ANPR records;
h. photographs taken in accordance with this Agreement.
16.3 CCTV and ANPR
CCTV and Automatic Number Plate Recognition (ANPR) systems may operate throughout the Site for security, crime prevention, health and safety, incident investigation and site management.
16.4 Retention
Personal information will be retained only for as long as reasonably necessary for the purposes for which it was collected or as required by law.
16.5 Disclosure
Batch Nurseries may disclose information where reasonably necessary to:
a. insurers;
b. professional advisers;
c. recovery contractors;
d. law enforcement agencies;
e. regulatory authorities; or
f. any other person where disclosure is required or permitted by law.
16.6 Privacy Notice
Further information regarding the processing of personal information is contained within the Batch Nurseries Privacy Notice, available upon request.
16.7 Data accuracy
The Owner must notify Batch Nurseries promptly of any change to their personal details.
17. GENERAL PROVISIONS
17.1 Entire Agreement
This Storage Agreement constitutes the entire agreement between Batch Nurseries and the Owner relating to the storage of the Vehicle and supersedes any previous discussions or representations unless confirmed in writing.
17.2 Amendments
No amendment to this Agreement shall take effect unless made in writing by Batch Nurseries.
17.3 No waiver
Any failure or delay by Batch Nurseries to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other right.
17.4 Severability
If any provision of this Agreement is held to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
17.5 Assignment
The Owner may not assign or transfer any rights under this Agreement without the prior written consent of Batch Nurseries.
17.6 Third party rights
Except where expressly stated, no person who is not a party to this Agreement shall have any right to enforce any provision under the Contracts (Rights of Third Parties) Act 1999.
17.7 Force Majeure
Batch Nurseries shall not be liable for any failure or delay in performing its obligations where caused by events beyond its reasonable control, including severe weather, flooding, fire, terrorism, civil disturbance, utility failure, epidemic, government action or other unforeseeable events.
17.8 Notices
Any notice under this Agreement may be served by hand, first class post or email using the most recent contact details provided by the Owner.
17.9 Governing Law
This Agreement shall be governed by the laws of England and Wales.
17.10 Jurisdiction
The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute arising from this Agreement.