Terms & Conditions
TERMS AND CONDITIONS
STORARGE
The Storer:
Is deemed to have knowledge of the goods in the Space;
Warrants that they are the owner or lawfully entitled to possess the goods in the SPACE, and/or are entitled by law to deal with them in accordance with all aspects of this agreement;
Acknowledges that this agreement does not grant the Storer a licence to use the Space;
Acknowledges that the Space provided is approximately the size advertised but that due to building tolerances may vary slightly.
Agrees that all the limits imposed on the Storer by this agreement must be complied with strictly.
The LANDLORD (which term includes its directors, employees and agents)
Does not provide any service other than a licence to use the Space;
Does not and will not be deemed to have knowledge of the goods;
Is not a bailee nor a warehouseman of the goods and the Storer acknowledges that the LANDLORD does not take possession of or any responsibility for the goods except as provided in the agreement.
COSTS
Upon signing this agreement, the Storer must pay to the LANDLORD:
The Deposit if applicable (which will be refunded on termination of this agreement less any deductions authorised by this agreement)
The Storer must pay:
The Storage Fee which is payable in advance. It is the Storers responsibility to see that payment is made directly to the LANDLORD, on time and in full, throughout the period of Storage. The LANDLORD does not invoice for monthly fees. The LANDLORD may increase the Storage Fee at any time after expiry of the Storage Period. The LANDLORD will give the Storer 42 days written notice of any increase. If the Storer does not agree to pay the increased fee, the Storer may terminate this agreement by giving the LANDLORD written notice any time before the end of the LANDLORD’s 42 day notice period.
The Cleaning Fee is payable at the LANDLORD’s discretion if the Space requires cleaning;
The Late Payment Fee or fees which become payable each time a Storage Payment is late is indicated on the front of this agreement;
Any reasonable internal or external costs and disbursements incurred by the LANDLORD in collecting late or unpaid Storage Fees, or in enforcing this agreement in any way;
Interest on outstanding Storage Fees at the rate of 15% per annum.
ACCESS TO AND CONDITIONS OF USE OF THE SPACE
The Storer
May access the Space during the access hours notified by the LANDLORD;
Is solely responsible for securing the Space in a manner acceptable to the LANDLORD, and will secure the external gates or doors of the premises when entering or leaving outside access hours;
Will not store any goods that are hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, or that are a risk to the Space, the property or any person;
Will use the Space solely for the purpose of Storage and must not carry on any business or other activity in the Space;
Will maintain the Space by insuring it is clean, in a state of good repair. If the Storer does not, the LANDLORD may deduct (at the LANDLORD sole discretion) the cleaning fee from the deposit and/or charge additional cleaning fee.
Will ensure the goods are dry, clean, and free from vermin and food scraps when placed in the Space.
May not physically alter or damage the Space in any way (including the use of screws or nails) without the LANDLORDs prior consent. If the Space is damaged, the LANDLORD may charge the Storer for any repairs and may deduct repair charges from the Storer’s deposit:
Cannot assign this agreement or let any other person store goods in the Space:
Will notify the LANDLORD in writing of any change to the ACP or any change of contact details of the Storer or the ACP within 48 hours of the change:
Grants the LANDLORD consent to discuss any default by the Storer with the ACP or any credit reporting agency:
Agrees to comply with all health and safety or other notices for the facility.
The LANDLORD may refuse access to the Space by the Storer where any money is owing by the Storer to the LANDLORD, whether a formal demand for payment has been made. The LANDLORD reserves the right to relocate the Storer to another Space of the same or similar dimensions for the proper management of the facility. The LANDLORD will provide as much notice as reasonably practicable to the Storer of such a relocation and, unless agreed otherwise, the LANDLORD or its agent will carry out the relocation.
Any items left unattended in common areas or outside the Space at any time may, at the LANDLORD reasonable discretion be sold, disposed, moved, or dumped immediately and at the expense and liability of the Storer.
RISK AND RESPONSIBLITY
No oral statements made by the LANDLORD, or its employees form part of this agreement. No failure or delay by the LANDLORD to exercise its rights under this agreement will operate to reduce those rights.
If the Storer is using the space for the purposes of a business Storage, then the guarantees and remedies in the Consumer Guarantees act 1993 (“the Act”) are excluded.
If the Act applies, the Storer acknowledges in accordance with clause is 1.C, 2.A and 5 that the LANDLORD is only providing a license to use the Space provided by the LANDLORD for the sole purpose of storing goods. In particular, no other undertakings or commitments are given by undertaken by the LANDLORD whether in tort, contract or other legal principle.
If the Act applies, the LANDLORD’s services come with non-excludable guarantees, including that they will be provided with reasonable care and skill. Otherwise, to the extent permitted by law, the goods are stored at the sole risk and responsibility of the Storer who is responsible for any and all theft, loss, damage to, and deterioration of the goods and shall bear the risk of any and all damage caused by flood, fire, leakage or overflow of water, mildew, heat, spillage of material from other space, removal or delivery of the goods, pest or vermin or any other reason.
The Storer warrants that it will not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art, or items of personal sentimental value or that are worth more than $2000 (in aggregate) unless specifically itemised and covered specifically by insurance obtained for that purpose by the Storer.
Where loss, damage or injury is caused by the Storer, the Storers actions or the Storers goods, the Storer will indemnify the LANDLORD from all claims in contract, tort or otherwise for any loss or damage to the property of, or personal injury to the Storer, The LANDLORD or the facility, third parties, and/or the true owner of the goods stored in the space, resulting from or incidental to the use of the space by the Storer (including, but not limited to the Storage of goods in the space, the goods themselves and/or accessing the facility).
The Storer is responsible (and must pay) for loss or damage caused by a third party who enters the Space (or the facility) at the request or direction of the Storer or who otherwise accesses the facility using the Storers access card/code. The Storer is not responsible for access after it notifies the LANDLORD of the loss or theft of the access card/code.
COMPLIANCE WITH LAWS
The Storer will comply with all relevant laws applicable to the use of the Space. This includes laws relating to the goods which are stored, and the way they are stored. Liability for any breach of such laws rests absolutely with the Storer and includes all costs resulting from such breach.
If the LANDLORD believes at any time (in its sole discretion) that the Storer is not complying with this agreement, the LANDLORD may:
Take any action that LANDLORD believes necessary to so comply, including inspection of the Space and/or termination:
immediately dispose of or remove the goods in the Space at the store is expense:
And/or
Contact, cooperate with and/or submit the goods to the relevant authorities.
The Storer agrees that the LANDLORD can take any such action at any time even though the LANDLORD could have acted earlier.
INSPECTIONS AND ENTRY BY THE LANDLORD
The Storer consents to inspection and entry of the space by the LANDLORD on 14 days written notice.
In the event of any emergency, the LANDLORD may enter the space using all necessary force without the prior written consent of the Storer. The LANDLORD will notify the Storer as soon as practicable of such entry. The Storer irrevocably consent to such entry. For the avoidance of doubt, an emergency includes but is not limited to where the LANDLORD believes that the conditions of use are being breached, or where property, the environment or human life is, in the opinion of the LANDLORD, threatened, or to allow access, inspection or seizure by relevant authorities.
DEFAULT
The Storer acknowledges that:
All goods in the Space are subject to a general lien for all Storage fees and any other amounts owing to the LANDLORD by the Storer. If the Storage fee or any other sum owing by the Storer under this Agreement is not paid in full within 20 days of the due date, the LANDLORD may enter the Space, retain the deposit and/or take possession of any goods in the Space and may, at the LANDLORDs sole discretion, do any one or more of the following:
i. Sell the goods by private arrangement or public auction to offset any unpaid Storage fee, cleaning fee, late payment fee, or costs associated with collection of fees and/or disposal of goods: and/or
ii. Dispose of the goods in any other manner as the LANDLORD sees fit, whether for value or not, if the goods are unsaleable, remain unsold after being offered for sale, pose a health and safety risk, or are of insufficient value to warrant a formal sale process: and/or
iii. If the LANDLORD believes in its reasonable opinion that it is a health and safety risk to conduct an inventory of the goods in the space, the LANDLORD may decide to dispose of some or all of the goods without doing an inventory.
iv. Add a lock to the roller door and remove access to the facility:
The LANDLORD will give notice in accordance with this agreement and permit a reasonable period for the Storer to rectify a default before taking possession and selling/disposing of goods.
If any money is recovered from the sale or disposal of goods, that money shall be used as follows:
i. First, to pay the costs of and associated with the sale or disposal of the goods:
ii. Second, to pay all Storage fees and other fees, costs or disbursements owed to the LANDLORD and any other costs incurred by the LANDLORD in connection with re-entering the space and selling or disposing of the goods:
iii. Third, any excess will be sent to the Storer.
If the LANDLORD enters the space for any reason and no goods are stored there, the LANDLORD may terminate this agreement immediately. The LANDLORD will send written notice of the termination to the Storer within seven days of such entry.
TERMINATION
This agreement may be terminated:
By either party: after the Storage Period specified has ended on written notice as indicated on the front of this agreement to the other party, or, if the LANDLORD cannot contact the Storer, to the ACP.
By the LANDLORD: immediately without notice if the Storer breaches the conditions of this agreement.
The Storer acknowledges that the facility may use CCTV to view the inside of the space and that the LANDLORD may use such CCTV footage as evidence of a breach of this agreement.
If the Storer does not give the notice required to terminate, the LANDLORD may deduct Storage fees for the notice period from the deposit.
On termination the Storer will:
Remove all goods in the Space by the date specified by the LANDLORD and leave that Space in a clean condition and good state of repair to the satisfaction of the LANDLORD: and
Pay any outstanding monies and expenses on default calculated by the LANDLORD as being owed to the LANDLORD up to the date of termination.
If the LANDLORD reasonably believes that the Storer is unable to carry out its obligations under the agreement or the Storer does not respond in a reasonable period to notices sent by the LANDLORD, the LANDLORD may, but is not obliged to, permit the ACP to access the space to carry out the Storers obligations and the Storer irrevocably authorises the LANDLORD and the ACP to take this action.
If the Storer fails to remove all goods from the space or the facility on termination, the LANDLORD is authorised to (in its discretion) sell or otherwise dispose of all goods by any means seven days from the termination date, regardless of the nature or value of the goods. The LANDLORD will give 14 days’ notice of the intended disposal.
Liability for outstanding money, property damage, environmental damage and legal responsibility under this agreement continues to run beyond the termination of this agreement.
NOTICE
Notices must be made in writing to the contact details set out on the front of this agreement. Notices given by the Storer to the LANDLORD must be received by the LANDLORD to be valid.
If the LANDLORD is not able to contact the Storer, notice is deemed to have been given to the Storer if the LANDLORD has sent notice to the store last notified address or via any other contact method, including by SMS or email to the Storer or the ACP.
If there is more than one Storer, notice to or by any single Storer is agreed to be sufficient for the purposes of any notice requirement under this agreement.
PRIVACY
The Landlord:
May collect information about the Storer, including the Storers personal information (as defined in the Privacy Act 1993) to assist in the provision of Storage to the Storer, maintaining the Storers account, and the LANDLORD‘s enforcement of this agreement in any way.
May disclose or search for any information about the Storer, including the Storers personal information, to the government departments, law-enforcement agencies, including the police, any person who can demonstrate to the reasonable satisfaction of the F0 a legal or equitable interest in the goods stored, liquidators, administrators or other persons appointed to administer the Storers financial affairs, debt collection services or credit reporting agency is, the ACP, agents for any of the above.
The Storer warrants that the Storer:
Has the right to disclose information to the LANDLORD about the ACP (including personal information) and that the LANDLORD may use this information as it would personal information collected about the Storer:
Has informed the ACP that the Storer has made the disclosures referred to in the agreement.
The parties acknowledge and agree that the ACP may access and correct the information held by the LANDLORD in the same manner the Storer may correct it’s personal information.