Storage Terms & Conditions

Conditions of Storage Agreement:

Car, Caravan, Motorhome, Boat or Like in Secured Yard

Storage:

  1. The Storer:
  • May Store vehicles or the like (hereafter termed: “Goods”) in the area allocated to the Storer by the Owner/Manager (hereafter termed: “OM”).
  • Is deemed to have knowledge of the Goods in the area and warrants they are the owner, and/or entitled by law to deal with the Goods in accordance with all aspects of this agreement.
  • Acknowledges the OM does not take possession of the Goods.
  1. The OM:
  • Does not and will not be deemed to have knowledge of Goods.
  • Is not a Bailee nor warehouseman of the Goods.

Fees and Expenses:

  1. The Storer must, upon signing the agreement, pay to the OM the Deposit as outlined in the Hire Agreement.
  2. The Deposit is refundable upon termination of the agreement where the account is paid in full.
  3. The Storer is responsible to pay:
  • The Storage Fee as outlined in the Hire Agreement.
  • A late payment fee of $25 per week where applicable.
  • Any associated legal, postal and disposal costs incurred by the OM during collection of late Storage Fees or disposal of Goods.
  • An Access Swipe Card replacement fee of $50 where the Storer loses or fails to return the swipe card.
  1. 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:

  1. The Storer acknowledges that in the event of the Storage Fee or any other monies owing remaining outstanding 42 days after the due date listed on the invoice, the OM may (without further notice) retain the Deposit and/or take possession and sell/dispose of the Goods and any contents on terms determined by the OM.
  2. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value.

Right to Dump:

  1. If, in the opinion of, and entirely at the discretion of the OM, the 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 the Goods by any means.
  2. Upon Termination of the Agreement (Clause 24-29) by either the Storer or the OM, if the Storer fails to remove all Goods from the Facility, the OM is authorised by the Storer to dispose of all Goods by any means Seven (7) days from the Termination date, regardless of the nature of value of the Goods.
  3. Any goods left unattended outside of the Storer’s Allocated Area at any time may, at the OM’s discretion, be sold, moved, disposed of or dumped immediately and at the expense and liability of the Storer.

Access and Conditions:

  1. The Storer:
  • May access the Facility at any time via the Access Swipe Card.
  • Will be solely responsible for securing the Goods by locks at all times.
  • 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.
  • MUST NOT store Goods which are irreplaceable such as currency, jewellery, furs, deeds, paintings, curios, works of art or items of personal sentimental value.
  • Will use the area allocated solely for the purpose of vehicle storage and shall not carry on any business or other activity.
  • Cannot assign this agreement.
  • MUST notify the OM in writing of the change of address and phone numbers of the Storer and the Alternate Contact Person (hereafter referred to as ACP) within 48 hours.
  • Grants the OM entitlement to discuss any default by the Storer with the Alternate Contact Person registered on the Hire Agreement.
  1. The OM may refuse access to the Storer where monies are owing by the Storer to the OM, whether or not a formal demand for payment of such monies 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.
  2. The OM reserves the right to relocate the Goods to another area in the Facility under certain circumstances.
  3. 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 waive those rights.

Risk & Responsibility:

  1. 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, fire, leakage, overflow of water, heat, spillage of materials, 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.
  2. The Storer agrees to indemnify, and keep indemnified, the OM from all claims for any loss or damage to the property 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.
  3. The Storer acknowledges and agrees to comply with all relevant laws and regulations, including Acts and Ordinances, Regulations, By-Laws, and Orders, as are or may be applicable to the use of the allocated area and the 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 solely with the Storer, and includes any and all costs resulting from such a breach.
  4. The Storer;
  • Agrees that the terms of this document together with the Privacy Document and the Hire Agreement constitute the whole contract and that, in entering into this contract, the Storer agrees thereto.
  1. 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) to the Goods, and/or immediate disposal or removal of the Goods at the Storers expense, and/or contact/cooperation and submission of 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:

  1. Subject to Clause 18, the Storer consents to inspection and entry by the OM provided that the OM gives Notice.
  2. 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 any 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:

  1. Notices will only be given via 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 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 been given to the Storer by the OM if the OM serves that Notice on the ACP as identified on the Hire 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 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:

  1. 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.
  2. The OM is entitled to retain or charge apportioned Storage Fees if less than the requisite Notice is given by the Storer.
  3. 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 the Goods are left in the facility after the Termination Date, Clause 10 will apply.
  4. The Storer must pay any outstanding Storage Fees and any expenses on default, or any other monies owed to the OM up to the Termination Date, or Clauses 9, 10 and 11 may apply. Any calculation of the outstanding Fees will be by the OM.
  5. If for any reason there are no Goods stored in the Allocated Area, the OM may terminate the Agreement without giving prior Notice, but the OM will send Notice to the Storer within Seven (7) Days.
  6. 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.

Severance:

  1. If any clause, term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its own 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:

  1. 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 the 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 dispute to mediation.