Main Points
 

• All Payments are to be made on the due date by you (The Storer)

• Goods are stored at your sole risk

• Insurance is available

• The Owner is not liable for the loss of any goods stored on its premises

• You must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods

• This space will only be accessible during set access hours as indicated by the Owner

• 30 days’ notice must be given for termination of this agreement

• The Storer must notify the owner of all changes of address, contact numbers and email addresses with 30 days

• If you fail to comply with the conditions of the agreement the Owner will have certain rights which include forfeiture of your deposition and the right to seize and sell/or dispose of your goods (see Clause 5a)

• The Owner has the right to refuse access if payment is not up to date (see Clause 6)

• The Owner has the right to enter in certain circumstances (see Clause 6, 15 & 16)

• Storer is responsible to pay all outstanding fee and charges including Late Payment and Cleaning Fees (see Clause 4)
  
   

STORAGE

1. The Storer:
a) Has the right to store Goods in the Space allocated to the Storer by the Owner.
b) Is deemed to have knowledge of the Goods being stored.
c) Warrants that they are the owner of the Goods being stored, and /or are entitled at law to deal with them in accordance with all aspects of this Agreement.

2. The Owner:
a) Does not have and will not be deemed to have knowledge of the goods being stored.
b) Is not a Bailee nor a Warehouseman of the goods and the Storer acknowledges that the Owner does not take possession of the goods being stored.
 

3. Cost:
a) The Storer agrees that all storage is to be paid on or by the due date. If payment is late a Late Payment Fee may be applied to their next invoice.
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 in writing by the Owner.
b) The Cleaning Fee, as indicated on the front of this agreement, is payable at the Owner’s discretion.
c) A Late Payment Fee, as indicated on the front of this agreement, which becomes payable each time a payment is late.
d) Any costs incurred by the Owner in collecting Late or Unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action costs.

5. Payment of any Government Taxes or Charges (including any Goods and Services Tax) being levied in this Agreement, or any supplies pursuant to this Agreement.

6. Over time various factor (including, but not limited to interest rates, inflation, and the day-to-day operational cost of doing business) affect the profitability of a business. In order for the Owner to be able to continue to operate the business at a profitability level acceptable to the Owner, it may be necessary to increase its fees at various times after the first month of storage. The Owner may increase the Storage Fee, Late Payment Fee or Cleaning Fee by giving the Storer 30 days prior notice. The Storer acknowledges and agrees that it is reasonable for the Owner to make any such increases as part of the ordinary operation of its business.

DEFAULT
 

7. Notwithstanding Clause 11, the Storer acknowledges that, in the event of the Storage Fee, or any other monies owning under this Agreement, not being paid in full within 42 days of the due date, the Owner, may without further notice, enter the Storage Space, by force or otherwise and sell or dispose of any Goods in the Storage Space, on such terms that the Owner may determine. The Owner may also require payment of default action costs, including any costs associated with accessing the Storer’s Storage Space and disposal or sale of the Storer’s Goods. Any excess monies recovered by the Owner on disposal will be returned to the Storer.

 

ACCESS AND CONDITIONS

8. The Storer
a) Has the right to access the Storage Space during Access Hours as posted by the Owner.
b) Will be solely responsible for the securing of the Storage Space and shall so secure the Space at all times when the Storer is not in the Space in a manner which is acceptable to the Owner, and where applicable will secure the external gates or doors of the Premises.
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 that are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of arts and items of personal sentimental value.
e) Will use the Storage Space solely for the purpose of storage and shall not execute any business or other activity in the Storage Space.
f) Must not attach nails, screws, etc to any part of the Storage Space and must maintain the Storage Space by ensuring it is clean and in a good state of repair and must not damage or alter the Storage Space without the Owner’s written consent; in the event of uncleanliness of, or damage to the Storage Space or Facility the Owner will be entitled to charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required.
g) Cannot assign this Agreement to anyone else.
h) Must give notice to the Owner in writing of the change of address of the Storer or the Alternate Contact Person within 48 hours of any change.
i) Grants the Owner entitlement to discuss any defaults by the Storer with the Alternate Contact Person registered on the front of this Agreement.

9. The Owner may refuse access to the Storage Space by the Storer where monies are owing by the Storer to the Owner, whether or not a formal demand for payment of such monies has been made.

10. The Owner reserves the right to relocate the Storer to another Storage Space under certain circumstance.

11. No oral statements made by the Owner or its employees hall form part of this Agreement, and no failure or delay by the Owner to exercise its rights under this Agreement will operate to waive those rights.

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RISK AND RESPONSBILITY

 

12. 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 including acts or missions, negligent deliberate or otherwise, of the Owner or persons under its control.

13. The Storer agrees to indemnify and keep indemnified the Owner from all claims for any loss of or damage to the property of, or personal injury to, third parties resulting from or incidental to the use of the Storage Space by the Storer, including the storage of Goods in the Storage Space.

14. 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 use of the Storage 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 breaches of such laws rests absolutely with the Storer and includes any and all costs resulting from such a breach.

15. If the Owner has reason to believe that the Storer is not complying with all relevant laws the Owner may take any action the Owner believes to be necessary, including actions outlined in Clauses 9 & 11, 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 Owner may take such action at any time even when the Owner could have acted earlier.

 

INSPECTION AND ENTYRY BY THE OWNER

 

16. Subject to Clause 9 the Storer consents to inspection and entry of the Storage Space by the Owner provided that the Owner gives 21 days written notice.

17. In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Owner, threatened, the Owner may enter the Storage Space using all necessary force without the written consent of the Storer, but the Owner shall notify the Storer as soon as is practical. The Storer consents to such entry.

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NOTICES

 

18. Notices will usually be given in writing and left at, posted to or emailed to the address of the Storer or the Owner. In relation to the giving of Notices to the Owner, notices must actually be received to be valid. In the event of not being able to contact the Storer, notice is deemed to be given to the Storer by the Owner if the Owner serves the Notice on the Alternate Contact Person as identified on the front of this Agreement or has sent Notices to the last notified address of the Storer or Alternate Contact Person. In the event that there is more than one Storer, notice to or by any single Storer is agreed to be sufficient for the purpose of any notice requirement under this Agreement.

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TERMINATION

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19. Once the initial fixed period for Storage has ended, either party may terminate this agreement by giving the other party Notice as indicated in this Agreement. In the event of illegal or environmentally harmful activities on the part of the Storer, the Owner may terminate the Agreement without Notice. Upon termination the Storer must remove all Goods in the Storage Space and leave the Storage Space in a clean condition and in a good state of repair to the satisfaction of the Owner on the date specified. The Storer must pay any outstanding monies and any expenses on default or other monies owed to the Owner up to the date of the termination, or Clause 5a may apply. Any calculation of the outstanding fees will be by the Owner and such calculation will be final. If the Owner enters the Storage Space for any reason and there are no such Goods stored therein, the Owner may terminate the Agreement without prior Notice, but the Owner will send Notice to the Storer in writing within 7 days.

20. The Parties’ liability for outstanding monies, property damage, personal injury, environmental damage, and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

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TRADE PRACTICES ACT

 

21. The Storer
a) Agrees that the terms of this document constitute the whole contract with the Owner and that, in entering this Contract, the Storer relies upon no representations 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 Owner and that the Owner 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 Owner, been reduced to writing and incorporated into the terms of this Agreement.

22.
a) Any damages, whether physical or economic loss, which the Owner is liable to pay to the Storer pursuant to this Agreement or performance of this Agreement (including damages for negligence or damages for consequential loss) are limited in all cases other than cases of damages relating to the provision of services of a kind ordinarily acquired for personal, domestic or household use or consumption to.
i) The further supply of storage equivalent to that undertaken by the Owner as set out in the terms and conditions of this Agreement; or
ii) The payment of the cost for further storage equivalent to that undertaken by the Owner under the terms and conditions of this Agreement; or
iii) The payment of the cost of further supply of storage equivalent to that undertaken by the Owner under the terms and conditions of this Agreement.
b) The Storer specifically acknowledges that it is aware of the limitation of liability set out in Clause 12 above and that, in all the circumstances, and considering such negotiations between the parties and their relationship, such limitation on the Owner’s Liability is a reasonable one.