Storage Terms and Conditions
CONDITIONS OF STORAGE AGREEMENT:
Car, Caravan, Motorhome, Boat or Like in Secured Yard
STORAGE:
1. The Storer:
(a) May store vehicles or the like (hereafter termed: “Goods”) in the area allocated to the Storer by the Owner/Manager (OM)
(b) Is deemed to have knowledge of the Goods in the area and warrants they are the owner, and/or are entitled at law to deal with them in accordance with all aspects of this agreement.
2. The OM:
(a) does not and will not and will not be deemed to have knowledge of Goods;
(b) is not a Bailee nor warehouseman of the Goods and the Storer acknowledges that the OM does not take possession of the Goods.
FEES, COSTS and EXPENSES:
3. The Storer must upon signing the Agreement pay to the OM the Deposits (which will be refunded on termination of this agreement), and
4. The Storer is responsible to pay:(a) the Storage Fee indicated and as notified to the Storer in writing by the Owner/Manager from time to time. The Storage Fee is payable in advance and it is the Storer's responsibility to see that payment is clearly identified and made directly to the Bank Account, on time, in full, throughout the period of storage.
(a) the Storage Fee indicated and as notified to the Storer in writing by the Owner/Manager from time to time. The Storage Fee is payable in advance and it is the Storer's responsibility to see that payment is clearly identified and made directly to the Bank Account, on time, in full, throughout the period of storage.
(b) A late payment fee of $25 per week where applicable.
(c) Any associated legal, postal; and disposal costs incurred by the OM in collecting late storage fees or disposing of the Goods.
5. The Storer will be responsible for payment of any government taxes or charges (including GST) being levied on this agreement, or any supplies pursuant to this agreement.
DEFAULT & DISPOSAL
6. The Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing, not being paid in full within 42 days of the due date, the OM may, without further notice, retain the Deposit and/or take possession and sell or dispose of the Goods on such terms that the OM may determine. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value.
RIGHT TO DUMP:
7. If, in the opinion of the OM and entirely at the discretion of the OM, 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 OM may dispose of all Goods by any means. Further,
8. Upon Termination of the Agreement (Clause 23) by either the Storer or the OM, in the event that a Storer fails to remove all Goods from the Facility the OM 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 Goods left unattended outside the Storer’s allocated area at any time may at the MO’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) may access the Facility at an agreed time and date and only under OM supervision.
(b) will be solely responsible for securing the Goods by locks at all times.
(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 Goods which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, or works of art or items of a personal sentimental value.
(e) will use the area allocated solely for the purpose of vehicle storage and shall not carry on any business or other activity;
(f) cannot assign this agreement;
(g) MUST notify the OM in writing of the change of address and PHONE NUMBERS of the Storer and the Alternate Contact Person within 48 hours;
(h) grants the OM entitlement to discuss any default by the Storer with the Alternate Contact Person registered on the front of this agreement.
11. The OM may refuse access to the Storer where moneys are owing by the Storer to the OM, whether or not a formal demand for payment of such moneys has been made. The OM will not be liable for any loss or damages suffered by the Storer resulting from an inability to access the Facility, regardless of the cause.
12. The OM reserves the right to relocate the goods to another area in the storage facility under certain circumstances.
13. No oral statements made by the OM or their employees shall form part of this agreement, and no failure or delay by the OM to exercise its rights under this agreement will operate to waiver those rights.
RISK AND RESPONSIBILITY:
14. The Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage by other parties, 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 of material, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts or omissions or neglect of the OM or persons under its control.
THE STORER MUST INSURE & MAINTAIN INSURANCE OF HIS/HER GOODS. PETROL TANKS SHOULD BE HALF EMPTY.
15. The Storer agrees to indemnify and keep indemnified the OM 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 OM or third parties resulting from or incidental to the use of the Facility by the Storer, including but not limited to the storage of Goods, the Goods themselves and/or accessing the Facility.
16. 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 allocated area and Facility. This includes laws relating to the material which is stored, and the manner in which it is stored and 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.
17. The Storer :
(a) agrees that the terms of this document together with the Privacy Document constitute the whole contract with the OM and that, in entering this contract, the Storer agrees thereto.
18. If the OM has reason to believe that the Storer is not complying with all relevant laws the OM may take any action the OM believes to be necessary to so comply, including Entry [where applicable] of the Goods, and/or immediately dispose of or remove the Goods at the Storer’s expense, and/or contact/cooperate and submit the Goods to the relevant authorities. The Storer agrees that the OM may take such action at any time even though the OM could have acted earlier.
INSPECTION & ENTRY [of the Goods] BY THE OM:
19. Subject to Clause 16, the Storer consents to inspection and entry by the OM provided that the OM gives notice.
20. In the event of an emergency, that is where property, the environment or human life is, in the opinion of the OM, threatened, or as directed by relevant Authorities, the OM may enter using all necessary force without the written consent of the Storer, but the OM shall notify the Storer as soon as practicable. The Storer consents to such entry.
NOTICES:
21. Notices will only be given by Email or SMS to the Storer. In relation to the giving of Notices by the Storer to the OM, Notices must be in writing and actually be received to be valid, and the OM 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 OM if the OM 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.
TERMINATION:
22. Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party 7 days Notice. In the event of illegal or environmentally harmful activities on the part of the Storer the OM may terminate the Agreement without Notice. The OM 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 from the Facility before the close of business on the Termination Date and leave the area in a clean condition to the satisfaction of the OM. In the event that Goods are left in the Facility 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 OM up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be by the OM. If for any reason there are no Goods stored in the area allocated, the OM may terminate the Agreement without giving prior Notice, but the OM will send Notice to the Storer within 7 days.
23. 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.
SEVERANCE:
24. 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:
25. The parties must endeavour 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.