CONDITIONS OF AGREEMENT

Storage Agreement


MAIN POINTS

  • All payments are to be made in advance by you (the Storer)
  • Goods are stored at your sole risk. Insurance is available, but check with your current insurer as you may already be covered.
  • The Owner is not liable for the loss of any goods stored on its premises.
  • You must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
  • This space will only be accessible during set access hours as posted by the Owner.
  • 14 days notice must be given for termination of this agreement.
  • The Storer must notify the owner of all changes of address and contact numbers.
  • If you fail to comply with the conditions of the agreement the Owner will have certain rights which include forfeiture of your deposit and the right to seize and sell and/or dispose of your goods (see clause 6).
  • The Owner has the right to refuse access if all fees are not paid promptly (see clause 8).
  • The owner has the right to enter in certain circumstances(see clauses 6, 16, 17 & 18).
  • Storer is responsible to pay for: Late Payment Fee, Dishonour Chq Fee, Cleaning Fee - See clauses 4: a,b,c,d.

STORAGE:


The Storer:

1.

  • (a) has the right to store goods in the Space allocated to the Storer by "The Owner";
  • (b) is deemed to have knowledge of the goods in the Space.

  • The Owner:

    2.

    • (a) does not and will not be deemed to have knowledge of the goods;
    • (b) is not a bailee nor a warehouseman of the goods and the Storer acknowledges that the Owner does not take possession of the goods.

    COST:

    3.

      The Storer must upon signing the Agreement pay to the Owner:

    • (a) the Deposit (which, if the Storer is not in default, will be refunded by cheque within 30 days of termination of this agreement), and
    • (b) the Administration Fee.

    4.

    The Storer is responsible to pay:

    • (a) the Storage Fee being the amount indicated in this agreement or the amount notified to the Storer in writing by the Owner from time to time. The Storage Fee is payable in advance and it is the Storer's responsibility to see that payment is made directly to the Owner, on time, in full, throughout the period of storage. The Owner does not normally bill for fees.
    • (b) the Cleaning fee, as indicated on the front of this agreement at the Owner's discretion.
    • (c) a late payment fee which becomes payable each time a storage payment is late as indicated on the front of this agreement.
    • (d) any associated postal or telephone costs incurred by the Owner in collecting late storage fees.

    5.

    The Storer will be responsible for payment of any government taxes or charges being levied on this agreement, or any supplies pursuant to this agreement. If at any time the rate of GST payable in relation to this agreement is varied from the rate current as at the date of this agreement then the Storer shall indemnify the Owner for any additional GST payable by the Owner on any supply pursuant to this agreement.


    DEFAULT:

    6.

    The Storer acknowledges that, in the event of the Storage Fee, or any other monies owing, not being paid in full within 42 days of the due date, the Owner may, without further notice, enter the Space, retain the Deposit and/or take possession and sell or dispose of any goods in the Space on such terms that the Owner may determine. The Owner may also require payment of default action costs, including any costs associated with the seizure of the Storer's Space. Any excess monies recovered by the Owner on disposal will be returned to the Storer.


    ACCESS AND CONDITIONS:

    7.

    The Storer:
    • (a) has the right to access to the Space during Access Hours as posted by the Owner;
    • (b) will be solely responsible for the securing of the Space and shall so secure the Space at all times when the Storer is not in the Space in a manner which is acceptable to the Owner, and where applicable will secure the external gates or doors of the premises;
    • (c) must not store any goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;
    • (d) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space; Storer's deposit and the Storer shall be responsible for all additional cleaning and repair expenses that may be required which are not covered by the deposit;
    • (e) must maintain the Space by ensuring it is clean and in a state of good repair or a cleaning and/or repair fee may be deducted from the Storer's deposit, charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required.
    • (e) must not attach nails, screws etc. to any part of the Space or physically alter it in any way AND must not damage or alter the Space without the Owner's consent; in the event of damage to the Space, the Owner will be entitled to retain the Storer's deposit to the value of the repairs required and to claim any additional repair costs not covered by the deposit from the Storer;
    • (g) cannot assign this agreement;
    • (h) must notify the Owner in writing of the change of address of the Storer or the Alternate Contact Person;
    • (i) grants the Owner entitlement to discuss any default by the Storer with the Alternate Contact Person registered on the front of this agreement.

    8.

    The Owner may refuse access to the Space by the Storer where monies are owing by the Storer to the Owner, whether or not a formal demand for payment of such monies has been made.

    9.

    The Owner reserves the right to relocate the Storer to another Space.

    10.

    No oral statements made by the Owner or its employees shall form part of this agreement, and no failure or delay by the Owner to exercise its rights under this agreement will operate to waiver those rights.


    RISK AND RESPONSIBILITY:

    11.

    The Owner expressly limits its liability for any damage to or loss of the goods to the maximum extent permitted by law. The goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage to, and deterioration of the goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, heat, spillage or material from any other space, removal or delivery of the goods, pest or vermin or any other reason whatsoever including acts of omissions of the Owner or persons under its control.

    12.

    Deliveries and removals from the Storer's Space will not be permitted by any person other than the Storer UNLESS the Storer gives personal or telephone instruction to the Owner. The Storer must identify themselves by use of password (if any) and name the person/s authorised by the Storer to enter the Storer's Space.

    13.

    Unless specifically covered by insurance the Storer will not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.

    14.

    The Storer agrees to indemnify and keep indemnified the Owner from all claims for any loss of or damage to the property of, or personal injury to, third parties resulting from or incidental to the use of the Space by the Storer, including the storage of goods in the Space.

    15.

    The Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By laws, and Orders, as are or may be applicable to the use of the Space.

    This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Storer, and includes any and all costs resulting from such a breach.

    16.

    If the Owner has reason to believe that the Storer is not complying with all relevant laws the Owner may take any action the Owner believes to be necessary to so comply, including the action outlined in clauses 18 & 20, and/or immediately dispose of or remove the goods at the Storer's expense, and/or submit the goods to the relevant authorities. The Storer agrees that the Owner may take such action at any time even though the Owner could have acted earlier.


    INSPECTION AND ENTRY BY THE OWNER:

    17.

    Subject to clause 18 the Storer consents to inspection and entry of the Space by the Owner provided that the Owner gives 7 days written notice.

    18.

    In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Owner, threatened, the Owner may enter the Space using all necessary force without the written consent of the Storer, but the Owner shall notify the Storer as soon as practicable. The Storer consents to such entry.


    NOTICE:

    19.

    Notices will usually be given in writing and left at, or posted to, the address of the Storer or the Owner. The Storer may also give notice over the phone by first providing their registered password. In the event of not being able to contact the Storer, notice is deemed to have been given to the Storer if the Owner serves that notice on the Alternate Contact Person as identified on the front of this agreement.


    TERMINATION:

    20.

    Either party may terminate this agreement by giving the other party notice as indicated on the front of this agreement, or in the event of not being able to contact the Storer, the Alternate Contact Person identified on the front of this agreement.

    In the event of illegal or environmentally harmful activities on the part of the Storer the Owner may terminate the agreement without notice. The Owner is entitled to retain the deposit if less than the requisite notice is given by the Storer. Upon termination the Storer must remove all goods in the Space and leave the space in a clean condition and in a good state of repair to the satisfaction of the Owner on the date specified. The Storer must pay any outstanding monies and any expenses on default or other monies owed to the Owner up to the date of termination, or clause 6 may apply. Any calculation of the outstanding fees will be by the Owner and such calculation will be final. If the Owner enters the Space under Clause 17 or 18 and there are no goods stored therein, the Owner may terminate the Agreement without giving prior notice, but the Owner will send notice to the Storer in writing within 7 days.

    21.

    The Parties liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this agreement continues to run beyond the termination of this agreement.

    22.

    The provisions of this agreement apply only to the extent that the law does not prohibit them from applying so that, for example, any limitation on the Owner's liability herein is to be read subject to the law.

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