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1. You:
a) have the right to park your car referred in Item 1 in such position or positions as may from time to time be designated by the Licensor or its agent or servant as the location referred to in Item 1 for the term of (1) month from the date referred to in Item 1 and thereafter month to month; and
b) May only park the vehicle(s) in the car park only in such a position by such methods and between hours as the Licensor or its servants or agents may from time to time direct and the Licensee must itself and must procure that its servants and agents observe and conform with any conditions from time to time displayed, notices installed within the car park and follow any instructions, directions or requirements given or made from time to time by the Licensor, its servants or agents in respect of the use of or parking at or access to or access from the car park. The Licensee must whenever requested by the Licensor or a servant or agent of the Licensor park the vehicles in a position in or in part of the car park designated by the Licensor or its servants or agent and not elsewhere.
2. You must upon signing this Agreement pay us the security deposit, pass card charge, key deposit and administration fee amounts plus GST described in Item 2 of this Agreement. We may at any time use the security deposit amount to remedy any default by you and if we do so, you must pay to us on demand any amount of money nominated by us which would ensure that we then hold an amount equivalent to the security deposit amount plus GST. Any unused security deposit will be refunded to you within 60 days from the date on which you give us the Security Deposit refund request form fully.
3. You accept liability and responsibility to pay us when due and without set-off, deduction or the need for prior demand from us:
a) The amounts described in Item 2 to this Agreement plus GST. The car park fee plus GST is payable monthly in advance on the first business day of the month. We will provide a tax invoice to you from time to time; and
b) All costs of any nature whatsoever related to your default under this Agreement and which we pay or must pay; and
c) All taxes, levies, charges or other imposts levied on or in relation to this Agreement by any government or semi- government body except if payable directly to that body, in which case you agree that you may pay directly to that body and provide evidence of payment to us on request.
d) A late payment fee of $15.00 ex GST for all invoices that remain unpaid within 7 days of the due date.
4. We may give you not less than 30 days’ written notice during your agreement to terminate services should we experience any disagreeable behaviour that is detrimental to our on-going operations.
5. You acknowledge that, in the event of any default including but not limited to money due and payable to us not having been received by us within 7 days of the due date, we may without further notice do any one or more of the following:
a) restrict or suspend access to the car park and terminate the Agreement without prior notice;
b) use the security deposit to remedy or partially remedy your default;
c) commence, maintain and seek enforcement of any order arising from debt recover proceedings against you.
6. You
a) have the right to access the car park during the times notified by us from time to
b) acknowledge that we do not guarantee access 24/7. It is necessary for the Licensor to be able to determine when the car park will and will not be accessible by the Licensee for various reasons including security, costs, safety, and other business reasons. As such, you acknowledge and agree that the Licensor may change the access hours at its discretion and that it is reasonable for it to do so as part of its operation of the car park.
c) must not store any goods that are hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, or that are a risk to any property or any person.
d) Licensee must not use or permit the car park to be used for any purpose other than the parking of the vehicles as contemplated by this Agreement and in particular but without limiting the generality of this Agreement hereof the Licensee must not:
i) Clean, grease, oil, repair or wash the vehicles in the car park;
ii) Do or omit to do or permit to be done or omitted any act, matter or thing which is reasonably likely to be a nuisance or annoyance or obstruction to the Licensor or other users, occupants or tenants of the car park or the building containing the car park or any adjoining or nearby properties;
iii) Cause or permit any goods to be stored or rubbish to be placed, thrown or dropped in or about the car park and must at all times endeavour to keep the car park clean and tidy and free from deposits of grease, oil, petrol and other harmful, flammable or unsightly matter, or
iv) Leave any vehicle unattended outside the entrance to the car park or immediately within the entrance or on ramps or except as authorised in a position which might in the reasonable opinion of the Licensor or its agent or servant obstruct the entry or passage of other vehicles in or about the car park.
7. We may refuse you access to the Area if you are in default under this Agreement, whether or not a written notice of such default has been given by us to you.
8. We reserve the right to substitute a different area for the Area on reasonable notice to you.
9. No oral statement made by us or anyone purporting to act for or on behalf of us forms part of or varies this Agreement and no failure or delay by us to exercise our right under this Agreement operates as a waiver of any of our rights.
10. You must immediately notify us and keep us informed in writing of all current addresses and contact details.
11. Items in the car park are there at your sole risk and responsibility in all things and you agree that you bear sole responsibility for any theft, damage to or deterioration of such items however caused or contributed to and you further agree that we have no responsibility whatsoever to take any step to prevent or lessen the effect of any such theft, damage or deterioration.
12. You must indemnify us and keep us indemnified from all claims whatsoever including for any loss of or damage to the property of, or personal injury to a third party resulting from or incidental to the use of the car park by you.
13. You acknowledge and agree to comply with all relevant laws relating to the Area and the storage of items in the Area and you accept liability and responsibility for every breach of any such law.
14. If we have reason to believe that you are not complying with all relevant laws we may take any action we believe to be necessary to ensure compliance.
15. Should the car park be damaged as a result of negligence from the Licensee, the Licensee must advise the Licensor of the damage caused. If it is determined that the Licensee is at fault, the licensee will be liable for all costs associated with rectification of the damaged item.
16. The Licensee and its servants and agents must not do or omit or permit to be done or omitted any act, matter or thing, which might in any way endanger the safety of any person within the car park or damage the car park or vehicles, equipment or chattels about or within the car park or within or on any vehicles therein, whether the property of the Licensor or not and the Licensee indemnify and keeps indemnified the Licensor and each of its servants or agents against any and all liability in respect or any death or injury to persons or loss of damage to property as aforesaid and against all actions, claims, suits and demands made or brought against the Licensor or its servants or agents arising out of any such act matter or thing or the use of the car park by the Licensee or any of its servants and agents.
a) These terms and conditions do not exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 which by law cannot be excluded, restricted or modified.
b) Except where the Licensee has acquired from the Licensor services as a consumer within the meaning of the Trade Practices Act:
i) All vehicles driven, parked or otherwise situated in the car park are so driven, parked or otherwise situated entirely at the risk of the Licensee and the Licensor is not liable for or in respect of any loss or damage to any vehicles to or any article or thing attached thereto or contained therein or for any injury or death or any person howsoever such loss, damage, injury or death may arise to be caused and irrespective of whether such loss, damage, injury or death be caused by the negligence or default of the Licensor or any servant or agent of the Licensor or any person acting with or without the authority of the Licensor or otherwise;
ii) The Licensor does not take any responsibility for the safe custody of the vehicles and in particular but without limiting the generality hereof the Licensor is under no duty to do any act or take any step to terminate the identity, authority or bona fides or any person or persons leaving or attempting to leave the car park in a vehicle including any vehicle used by the Licensor or any of its servants or agents;
iii) The servants and agents of the Licensor have no authority to accept any goods for safe custody and the Licensor is not liable in any case for any loss of or damage to any articles or things alleged to have been left with the Licensor or its servants or agents for safe custody however such loss or damage be caused, whether by the negligence or default of the Licensor or of any of its servants or agents or any person acting with or without the authority of the Licensor or otherwise.
17. Notices must be given in writing and left at, or posted to, your last address as advised in writing to the issuing party, In the event of notice not being given to you by us, we may send or provide the notice to the Alternative Contact Person as identified on the front of this Agreement and that sending or provision is deemed service of that notice on you.
18. Either party may terminate this Agreement by giving the other party not less than 30 days’ prior written notice after the initial term has expired. In the event of illegal or environmentally harmful activities on your part we may terminate the agreement without notice. We are entitled to retain a portion of the deposit if less than the requisite notice is given by you. Upon termination you must remove all items in the Area and leave the Area in a clean condition and in a good state of repair to our satisfaction. You must pay to us all monies then due and payable to us under this Agreement. A certificate issued by us and stating the amount of money owed to us by you is conclusive evidence of that amount.
19. The parties’ obligations and liability relating to payment of money, property damage, personal injury, environmental damage and legal responsibility do not merge when this Agreement ends.
20. Upon the termination of this Agreement, the Licensee must promptly remove any vehicle belonging to it or to any of its servants or agents from the car park and in default the Licensor is entitled to remove the same to any place which the Licensor may elect and whatsoever the Licensor or any of its servants or agents shall do or purport to do under this clause shall be deemed to have been done with the full authority of and as agent for and at the risk and expense of the Licensee in all respects.
