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, 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;
(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.
COST:
3. 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 from time to time. The Storage Fee is payable in advance and it is the Storer’s responsibility to see that payment is made directly to the Owner, on time, in full, throughout the period of storage.
The Owner does not normally bill for fees.
(b) 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.
4. The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.
DEFAULT:
5. Notwithstanding clause 14, the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this
Agreement, not being paid full within 42 days of the due date, the Owner may, without further notice, by force or otherwise, retain the Deposit and/or sell or dispose of any Goods 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 Storers goods and disposal or sale of the Storer’s goods. Any excess moneys recovered by the Owner on disposal or sale will be returned to the Storer.
ACCESS & CONDITIONS:
6. The Storer:
(a) Has the right to access to the Goods during Access Hours as posted by the Owner.
(b) Will be solely responsible for the securing of the Goods in a manner which is acceptable to the Owner, and will secure the external
gates 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) Cannot assign this Agreement.
(e) Must give Notice to the Owner in writing of the change of address of the Storer within 48 hours of any change;
7. The Owner may refuse access to the Storer where moneys are owing by the Storer to the Owner, whether or not a formal demand for payment of such moneys has been made.
8. No oral statements made by the Owner or its employees shall form part of this Agreement, and no failure or delay by the Owner to exercise its rights under this Agreement will operate to waiver those rights.
RISK & RESPONSIBILITY:
9. 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 omissions, negligent deliberate or otherwise, of the Owner or persons under its control.
10. 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 storage of goods by the Storer;
INSPECTION BY THE OWNER:
11. Subject to clause 12 the Storer consents to inspection of the Goods by the Owner.
12. In the event of any emergency, that is where property, the environment or human life is, in the opinion of the Owner, threatened, the
Owner may remove the Goods using all necessary force without the written consent of the Storer, but the Owner shall notify the Storer
as soon as practicable. The Storer consents to such removal.
NOTICE:
13. Notices will usually be given in writing and left at, or posted to, or faxed 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 bevalid.
TERMINATION:
14. Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice as
indicated on the front of 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. The Storer must pay any outstanding monies and any expenses on default or other monies owed to the Owner up to the date of termination, or clause 4 may apply. Any calculation of the outstanding fees will be by the Owner and such calculation will be final.
15. 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.