All payments as per your agreement are to be made in advance to the Licensor. There will be a 1.5% surcharge in respect of any amount paid using a credit card.
Goods are stored at your sole risk. We strongly recommend that you effect and maintain your own insurance cover.
We are not liable for the loss of or damage to anything you store with us.
You must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
30 days’ written notice must be given for termination of this agreement after the initial term has expired, except that if you are in default of your obligations, we may terminate this agreement earlier.
You must notify us in writing of all changes of address and contact telephone numbers.
If you fail to comply with the conditions of this Agreement, we will have certain rights which include the right to seize, sell and otherwise dispose of goods in the Area.
We have the right to refuse access if all money due to us under this Agreement has not been paid.
We have the right to enter and inspect the Area.
You must ensure your goods do not touch or be within 60 cm of any electrical wires, switches and devices such as sensor lighting.
Conditions of agreement
You: a) have the right to store goods in the Area; and b)are deemed to have knowledge of everything in the Area from time to time.
At no time are we deemed to have knowledge of anything in the Area.
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 your agreement. We may at any time use the security deposit amount plus GST 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 plus any GST paid on it to us must be refunded to you within sixty days of the date on which this Agreement ends.
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 storage 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.
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) enter the Area and terminate the Licence; b) use the security deposit plus GST to remedy or partially remedy your default; c) take possession of and sell or otherwise dispose of any goods in the Area on such terms that we may determine; and d) commence, maintain and seek enforcement of any order arising from debt recover proceedings against you.
You represent and warrant to us that you have at all times clear and unfettered title to all items in the Area from time to time and you agree that if we do anything in accordance with clause 5, we do so with your authority and you will not commence or maintain any claim or proceeding against us for theft, conversion, detinue or any other statutory or common law offence.
Access and conditions
You a) have the right to access the Area during the times notified by us from time to time. b) are solely responsible for the securing of the Area and must secure the space at all times when you are not present in a manner which is acceptable to you and us, and where applicable must secure the external gates or doors of the place in which the Area is situated. 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) must use the Area solely for the purpose of storage and must not carry on any business or other activities in the Area. e) must maintain the Area by ensuring it is clean and in a state of good repair and as otherwise required by us with notice from time to time. f) must not attach nails, screws to any part of the Area or physically alter the Area in any way and must not damage or alter the Area without our consent. In the event of damage to the Area, we are entitled to terminate this Agreement immediately or retain your security deposit plus to the value of the repairs required or both.
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.
We reserve the right to substitute a different area for the Area on reasonable notice to you.
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.
You must immediately notify us and keep us informed in writing of all current address and contact details.
Risk and responsibility
Items in the Area 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. We recommend you store your items raised from the ground on wooden pallets or milk crates; alternatively, inside plastic containers and place tarp covers on larger items.
You agree that your deliveries to and removals from the Area must not interfere with the operation of our business or the business of any of our clients.
Unless specifically covered by your insurance you agree that you must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value in the Area.
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 Area by you including the storage of goods in the Area.
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.
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.
You must ensure items in the Area do not touch or be within 60 cm of any electrical wire, switch or device such as sensor lighting.
Should the storage unit be damaged as a result of negligence from the Licensee, the Licensee must advise the Licensor of the damage 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.
Inspection and entry by us
You agree that we may enter and inspect the Area and its contents at any time in the event of an emergency and otherwise on not less than 7 days’ written notice to you.
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 your Agreement and that sending or provision is deemed service of that notice on you.
Either party may terminate the 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.
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.
Upon the Licence Agreement coming to an end, you are required to remove all items belonging to you or items brought onto the licensed area during the Licence agreement period. Failure to do so will result in us removing and storing such items elsewhere and you will not be entitled to Restoration of such items until we have been reimbursed for the costs associated with such removal and storage and any other costs incurred by us in respect of such items. Any items appearing to belong to others will be released to the rightful owner of that item. All other items will be offered for sale if they remain in our possession 1 month from the date you were notified. The Proceeds from any such sale may be used to remedy any default by you, including any obligation to pay money to us. Any item not sold or not in our reasonable opinion based on the appearance of the item fit to be offered for sale, may be disposed of in our absolute discretion and without any liability to you in relation to any such item.