Document Posting Details
Author: Ace Mini Storage Byron Bay
October 20th, 2014
- The Storer:
- Has the right to store goods in the Storage Space allocated to the Storer by the Owner or their Agent
- Is deemed to have knowledge of the goods in the Storage Space
- The Owner:
- Does not and will not be deemed to have knowledge of the goods;
- Is not a bailee nor a warehouseman of the goods and the Storer acknowledges that the Owner or their Agent does not take possession of the goods;
- The Storer must upon signing the Agreement pay to the Owner or their Agent ;
- The Deposit (which will be refunded on termination of the agreement) and/or
- The Administration Fee and
- 1 months Storage fee in advance
- The Storer is responsible to pay;
- The Storage Fee being the amount indicated in this Agreement or the amount notified to the Storer in writing by the Owner or their Agent from time to time. The Storage Fee is payable in advance and it is the Storer’s responsibility to see that the payment is made to the Owner or their Agent, on time and in full throughout the period of Storage. The Owner or their Agent does not normally bill for fees.
- The Cleaning Fee, as indicated on the Agreement, is payable at the Owner or their Agents discretion
- A late payment fee becomes payable when the Storer falls 14 days behind in their Storage Fee as indicated on the Agreement
- Any associated postal or telephone costs incurred by the Owner or their Agent in collecting late Storage Fees.
- In the event of any government charges being levied on the Agreement the Storer will be responsible for payment.
- The Storer acknowledges that, in the event of the Storage Fee, or any other monies owing, not being paid in full within 42 days of the due date, the Owner or their Agent may, without further notice, enter the Storage Space, retain the Deposit and/or take possession and sell or dispose of any goods in the Storage Space on such terms that the Owner or their Agent may determine. The Owner or their Agent may also require payment of default action costs, including any costs associated with the seizure of the Storers Space. Any excess monies recovered by the Owner or their Agent on disposal will be returned to the Storer.
ACCESS & CONDITIONS:
- The Storer:
- Has the right to access to the Storage Space during the Access Hours as posted by the Owner or their Agent;
- Will be solely responsible for the securing of the Storage Space and shall so secure the Storage Space at all times when the Storer is not in the Storage Space in a manner which is acceptable to the Owner or their Agent and where applicable will secure the external gates or doors of the premises;
- 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;
- Will use the Storage Space solely for the purpose of storage and shall not carry out any business or other activity in the Storage Space;
- Must maintain the Storage Space by ensuring it is clean and in a state of good repair or a cleaning fee may be deducted from the Storers deposit and/or an additional cleaning fee may be required;
- Must not attach nails, screws etc to any part of the Storage Space or physically alter it in any way OR must not damage or alter the Storage Space without the Owner or their Agents consent; in the event of damage to the Storage Space, the Owner or their Agent will be entitled to retain the Storers deposit to the value of the repairs required;
- Cannot assign this agreement;
- Must notify the Owner or their Agent in writing of any change of contact details of the Storer or the Alternate Contact Person;
- Grants the Owner or their Agent entitlement to discuss any defaults by the Storer with the Alternate Contact Person as listed on the Agreement.
- The Owner or their Agent may refuse access to the Storage Space by the Storer where monies are owing by the Storer, whether or not a formal demand for payment of such monies has been made.
- The Owner or their Agent reserves the right to relocate the Storer to another Storage Space under certain circumstances.
- No statement made by the Owner or their Agent shall form part of the Agreement and no failure or delay by the Owner or their Agent to exercise its rights under the Agreement will operate to waiver those rights.
RISK & RESPONSIBILITY
- 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, heat, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason what so ever including acts or omissions of the Owner or their Agent or persons under its control.
- Deliveries and removals from the Storer’s Storage Space will not be permitted by any person other than the Storer UNLESS the Storer gives instructions to the Owner or their Agent. The Storer must identify themselves and name the persons authorised to access the Storage Space.
- Unless specifically covered by insurance the Storer will not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.
- The Storer agrees to indemnify and keep indemnified the Owner or their Agent from all claims for any loss or 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.
- 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 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 breach of such laws rests absolutely with the Storer and includes any and all costs resulting from such a breach.
- If the Owner or their Agent has reason to believe that the Storer is not complying with all relevant laws the Owner or their Agent may take any action they believe to be necessary to comply, including the action outlined in clauses 18 & 20 and/or immediately dispose of or remove the goods at the Storers expense, and/or submit the goods to the relevant authorities. The Storer agrees that the Owner or their Agent may take such action at any time even though the Owner or their Agent could have acted earlier.
INSPECTION & ENTRY BY THE OWNER
- Subject to clause 18 the Storer consents to inspection and entry of the Space by the Owner or their Agent provided that the Owner or their Agent gives 21 days written notice.
- In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Owner or their Agent, threatened, the Owner or their Agent may enter the Storage Space using all necessary force without the written consent of the Storer,but the Owner or their Agent shall notify the Storer as soon as practicable. The Storer consents to such entry.
- Notices will usually be given in writing and left at, or posted to, the address of the Storer or the Owner . The Storer may also give notice over the phone by first providing their registered password. In the event of not being able to contact the Storer, notice is deemed to have been given to the Storer by the Owner if the Owner serves that notice on the Alternate Contact Person as identified on the Agreement.
- Either party may terminate this agreement by giving the other party notice as indicated on the Agreement, or in the event of not being able to contact the Storer, the Alternate Contact Person identified on the agreement. In the event of illegal or environmentally harmful activities on the part of the Storer the Owner may terminate the agreement without notice. The Owner is entitled to retain a portion of the deposit if less than the requisite notice is given by the Storer. 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 termination, or clause 6 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 under clause 17 and there are no goods stored therein, the Owner may terminate the Agreement without giving prior notice, but the Owner will send notice to the Storer in writing within 7 days.
- 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.