1. The Storer:
(a)may store Goods in the Space allocated to the Storer by the Facility Owner (“FO”), and only in that Space;
(b)is deemed to have knowledge of the Goods in the Space;
(c) warrants that they are the owner of the Goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.
2. The FO :
(a) does not have 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 FO does not take possession of the Goods.
3. The Storer must upon signing the Agreement pay to the FO.:
(a). the Deposit (which , when applicable, will be refunded within 30 days of termination of this Agreement) and/or (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 by the FO 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 FO on time, and in full, throughout the period of storage. The FO does not normally bill for fees. Any Storage Fees paid by direct deposit/direct credit will not be credited to Storer’s account
unless the Storer identifies the deposit clearly and as directed by the FO. The FO is indemnified from any claim for enforcement of the Agreement due to the Storer’s failure
to identify a deposit, including the sale of Goods
(b). the Cleaning Fee, as indicated on the front on this Agreement, is payable at the FO’s discretion.
(c). a Late Payment Fee, as indicated on the front on this Agreement, which becomes payable each time a payment is late.
(d). any costs incurred by the FO in collecting late or unpaid Storage Fees, or in
enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or the default action costs.
5. The Storer will be responsible for payment of any government taxes or charges
(including any goods and services tax) being levied on this Agreement, or any supplies
pursuant to this Agreement.
6. Notwithstanding clause 23, the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date, the FO may, without further notice, enter the Space, by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the FO may determine. For the purposes of the Personal Property Securities Act 2009, the FO is deemed to be in possession of the Goods from the moment the FO accesses the Space. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The FO may also require payment of default action costs, including any costs associated with accessing the Storer’s Space and disposal or
sale of the Storer’s Goods.
RIGHT TO DUMP
7. If, in the opinion of the FO and entirely at the discretion of the FO, a defaulting
Storer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the FO may dispose of all Goods in the Storer’s Space by any means. Further,
8. Upon Termination of the Agreement (Clause 23) by either the Storer or the FO, in the event that a Storer fails to remove all Goods from their Space or the Facility the FO is authorised to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods.
9. Any items left unattended in common areas or outside the Storer’s Space at any time may at the FO’s discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.
ACCESS AND CONDITIONS
10. The Storer:
(a). has the right to access the Space during Access Hours as posted by the FO and
subject to the terms of this Agreement;
(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 acceptable to the FO, and where applicable will secure the external gates and/or doors of the Facility. The Storer is not permitted to apply a padlock to their Space in the FO’s overlocking position, and the Storer may have any such padlock forcefully cut off at the Storer’s expense;
(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). must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
(e). will use the Space solely for the purpose of storage and shall not carry on any
business or other activity in the Space;
(f). must not attach nails, screws etc to any part of the Space and must maintain the Space by ensuring it is clean and in a state of good repair and must not damage or alter the Space without the FO’s consent; in the event of uncleanliness of or damage to the Space or Facility the FO will be entitled to retain the Storer’s deposit, charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required.
(g). cannot assign this Agreement;
(h). must give Notice to the FO in writing of the change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change;
(i). grants the FO entitlement to discuss any default by the Storer with the “ACP”
registered on the front of this Agreement.
11. The FO may refuse access to the Space and/or the Facility by the Storer where
moneys are owing by the Storer to the FO, whether or not a formal demand for payment
of such moneys has been made.
12. The FO will not be liable for any loss or damaged suffered by the Storer resulting
from an inability to access the Facility or the Space, regardless of the cause.
13. The FO reserves the right to relocate the Storer to another Space under certain circumstances.
14. The FO may dispose of the Storer’s Goods in the event that Goods are damaged due to fire, food or other event that has rendered Goods, in the opinion of the FO, severely damaged, of no commercial value, or dangerous to the Facility, any persons, or other Storers and/or their Goods. The FO does not need the prior approval of the Storer to take this action but will send Notice to the Storer within 7 days.
15. The Storer :
(a) agrees that the terms of this document together with the Privacy Document
constitute the whole contract with the FO and that, in entering this contract, the Storer relies upon no representations, oral of otherwise, other than those contained in this Agreement.
(b) acknowledges that it has raised all queries relevant to its decision to enter this
Agreement with the FO and that the FO has, prior to the Storer entering into this
Agreement, answered all such queries to the satisfaction of the Storer. The Storer
acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by the FO, been reduced to writing and incorporated into the terms of this Agreement. No failure or delay by the FO to exercise its rights under this Agreement will operate to waiver those rights.
RISK AND RESPONSIBILITY
16. 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, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.
17. The Storer agrees to indemnify and keep indemnified the FO from all claims for any loss of or damage to the property of, or personal injury to or death of the Storer, the Facility, the FO or third parties 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.
18. 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.
19. If the FO has reason to believe that the Storer is not complying with all relevant laws the FO may take any action the FO believes to be necessary, including but not limited to the action outlined in clauses 21 & 23, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense. The Storer agrees that the FO may take such action at any time even though the FO could have acted earlier.
INSPECTION AND ENTRY BY THE FO
20. Subject to clause21 the Storer consents to inspection and entry of the Space by the FO provided that the FO gives 21 days written Notice.
21. In the event of an emergency, that is where obliged to do so by law or in the event that property, the environment or human life is, in the opinion of the FO, threatened, the FO may enter the Space using all necessary force without the consent of the Storer, but the FO shall thereafter notify the Storer as soon as practicable. The Storer consents to such entry.
22. Notices will usually be given by email or SMS, or otherwise will be left at, or
posted to, or faxed to the address of the Storer. In relation to the giving of Notices by the Storer to the FO, Notices must be in writing and actually be received to be valid, and the FO may specify a required method. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by the FO if the FO serves that Notice on the ACP as identified on the front of this Agreement, and/or has sent Notices to the last notified address or other contact including SMS or email of the Storer or ACP. In the event that 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
23. Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated on the front of this Agreement. In the event of illegal or environmentally harmful activities on the part of the Storer the FO may terminate the Agreement without Notice. The FO is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Storer. The Storer must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of the FO. In the event that Goods are left in the Space after the Termination Date, clause 8 will apply. The Storer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to the FO up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be by the FO. If the FO enters the Space for any reason and there are no Goods stored therein, the FO may terminate
the Agreement without giving prior Notice, but the FO will send Notice to the Storer within 7 days.
24. The Parties’ liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
25. If any clause, term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of the Agreement.
MEDIATION OF DISPUTES
26. The parties must endeavor to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.