Simply submit the form and we will be in touch shortly. Our friendly staff will you help you find the solution which best suits you and your business.
1.1 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.
1.2 At no time are we deemed to have knowledge of anything in the Area and the Licensee acknowledges that the Licensor has no knowledge of any Items stored in the Area.
2.1 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 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 will be refunded to you within 60 days from the date on which you give us the Security Deposit refund request form fully.
2.2 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 of 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.
d. If you pay via Bank Transfer, a late payment fee of $35.00 ex GST will apply to all invoices that remain unpaid within 7 days of the due date. If you pay via Direct Debit, a Direct Debit Dishonoured fee of $35.00 ex GST will apply to all invoices that are dishonoured and/or disputed should the debit attempt be unsuccessful.
3.1 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 ongoing operations.
4.1 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 recovery proceedings against you.
4.2 You represent and warrant to us that you have at all times a 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.
5.1 You:
a. have the right to access the Area during the times notified by us from time to time.
b. acknowledge that we do not guarantee access 24/7. It is necessary for the Licensor, acting reasonably, to be able to determine when the Area 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 reasonably change the access hours at its discretion and that it is reasonable for it to do so as part of its operation of the Area.
c. 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. You acknowledge this was considered by the licensee when setting the storage fee payable under this licence.
d. 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.
e. must use the Area solely for the purpose of storage and must not carry on any business or other activities in the Area.
f. You must maintain the Area by ensuring it is clean and in a state of good repair and, as otherwise required by us by notice from time to time, must not attach nails, screws, etc. 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, up to the value of the repairs required, or both.
5.2 We may reasonably 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.
5.3 We reserve the right to substitute a different area for the Area within 7 days’ written notice to you.
5.4 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.
5.5 You must immediately notify us and keep us informed in writing of all current addresses and contact details.
6.1 The Licensee is responsible for taking reasonable care of Items stored in the Area. The Licensor will take reasonable steps to maintain the Area in a secure and safe condition. The Licensor does not accept liability for loss, theft, or damage to Items unless caused by the Licensor’s negligence or breach of this agreement. You acknowledge this was considered by the licensee when setting the storage fee payable under this licence.
6.2 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.
6.3 The Licensee releases the Licensor from all claims and loss which the Licensee may incur or may become liable for in relation to its use of any Items, except to the extent caused by any negligence or default of the Licensor.
6.4 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.
6.5 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 acknowledge this was considered by the licensee when setting the storage fee payable under this licence.
6.6 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.
6.7 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.
6.8 If we have reason to believe that you are not complying with all relevant laws we may take any action we believe (acting reasonably) to be necessary to ensure compliance
6.9 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.
6.10 Should the storage unit be damaged as a result of negligence from the Licensee, the Licensee must advise the Licensor of the damage cause. If it is determined that the Licensee is at fault, the Licensee will be liable for all costs associated with the rectification of the damaged item.
7.1 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.
8.1 Notices must be given by e-mail or 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.
9.1 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.
9.2 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.
10.1 Upon the Licence Agreement coming to an end, you are required to remove all Items belonging to you or Items brought onto the Area during the Licence agreement period.
10.2 If the Licensee leave any Items on or within the Area for more than 14 days following expiration or sooner termination of the agreement, then the Licensee forfeits ownership in the Items to the Licensor and the Licensor is, subject to any legislation that applies by mandatory operation, entitled to deal with and dispose of the Items as it deems fit.
10.3 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 from the date you were notified.
10.4 The Licensor will not be liable to the Licensee in respect of that abandoned Items including to account to the Licensee for the proceeds of any sale.
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.
11.1 In the event that there is:
a. a dispute between the parties as to the cause of any damage to the Area; or
b. any other dispute in relation to any matter arising in relation to this Licence; then the parties must first seek to resolve the dispute by mediating the dispute either directly between the parties or by appointing a mediator recommended by the President for the time being of the Law Institute of Victoria.
12.1 The Licensee must effect and maintain during the term public liability insurance in an amount not less than $20 million per event.
12.2 The Licensee indemnifies the Licensor from and against all liability arising out of:
a. the Licensee’s use and occupation of the Area;
b. any event happening within the Area during the term or any extended period while the Licensee remains in occupation; and
c. any willful or negligent act or omission or breach of this agreement on the part of the Licensee or someone for whom the Licensee is legally responsible, except to the extent caused or contributed to by the wilful or negligent act or omission or breach of this agreement by the Licensor or someone for whom the Licensor is legally responsible.
12.3 The Licensee must deliver copies of the signed insurance application forms, the policies and the insurance receipts to the Licensor not less than 10 days before storing Items in the Area.
12.4 The Licensee must deliver copies of any amendments to the policies and the insurance receipts on each amendment or renewal
as evidence of the status of the policies from time to time.
13.1 Neither party may disclose the existence, contents, terms or personal information of this Licence or any information obtained or received in connection with the negotiation of this Licence to any person who is not a party to this Licence, except to the extent that:
a. the relevant information is in the public domain otherwise than as a result of a breach of this Licence or any other obligation of confidentiality owed to the other party;
b. the other party consents to the disclosure in writing;
c. the disclosure is made on a confidential basis to that party’s officers, employees, agents, financiers or professional advisers; or
d. the disclosure is necessary in order to comply with any applicable Law, an order of a court or tribunal, or a regulatory body (including a relevant securities exchange).
14.1 The Licensee acknowledges and agrees that any Security Services at the Area are provided by the Building Management, Facilities Management, or Owners Corporation responsible for the building in which the Area is located.
14.2. The Licensor does not provide security services and is not liable for the failure of any such security services.
