All fees are to be paid in advance by you, the Storer (clause 5).
The Storer must not store hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable or living goods or goods that are a risk to the property of any person (clause 10(b)).
Unless specifically itemised and covered by insurance, the Storer must not store goods that are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal or sentimental value and/or items that are worth more than $2,000 AUD in total (clause 14).
The goods are stored at the Storer’s risk (clause 16). The Storer should speak to their insurer/insurance broker and ensure that they have adequate insurance cover for the Storage Period.
The Storer must notify the FO of all changes to the Storer’s or the ACP’s contact details. (clause 10(j)). The FO may contact the ACP to discuss any default by the Storer and may request information from the ACP about the Storer and the Storer’s location.
The Space will be accessible during the hours notified by the FO from time to time (clause 10(a)).
The FO may refuse access to the Space if any amounts required to be paid by the Storer under this Agreement are not paid promptly (clause 11).
If the Storer fails to pay their storage fees, the FO will have certain rights which include retaining the Deposit and rights to seize and sell and/or dispose of the Storer’s goods under both a general lien and a contractual lien over the Storer’s goods (clauses 3(d) and 7(a)).
The FO may enter the Space in certain circumstances (clauses 7,12, 20, 21, 22 and 29).
Notices under this Agreement will be sent to the Storer electronically, unless the Storer indicates otherwise (clauses 24 and 25).
The Storer:
may, subject to the provisions of this Agreement, access the Space during the access hours notified by the FO from time to time;
must not store any goods that are hazardous, dangerous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, living, or that are a risk to the property of any person;
must ensure that any goods stored in the Space are free of vermin and food scraps and are not damp when placed inside the Space;
may only use the Space solely for the purpose of storage and must not carry on any business or other activity in the Space including, but not limited to, residing, dwelling or loitering in the Space;
must maintain the Space by ensuring that it is clean and in a state of good repair. The Storer is responsible for the cost of cleaning the Space (if deemed necessary by the FO) and the FO may apply the Deposit towards any Cleaning Fee;
must not physically alter or damage the Space in any way (including by using nails or screws) without the FO’s prior consent. The Storer is responsible for the cost of any repairs to the Space (if deemed necessary by the FO) and the FO may apply the Deposit towards such costs;
is solely responsible for securing the Space (in a manner acceptable to the FO) and must secure the external gates and/or doors of the Facility when entering or leaving the Facility outside normal business hours. If the Storer fails to secure the Space, the FO may apply a lock to the Space and post the keys to the Storer at the Storer’s expense. The Storer is not permitted to apply a padlock to their Space in the FO’s overlocking position and the Storer may have any such padlock forcefully cut off at the Storer’s expense;
must comply with all health and safety notice and rules of the Facility as may be publicly posted at the Facility or otherwise notified to the Storer by the FO;
cannot assign this Agreement and must not allow a third party to store goods in the Space;
must give written notice to the FO of any change to the Storer’s contact details or the ACP’s contact details within 48 hours of the change occurring;
authorises the ACP to discuss any default by the Storer with the FO and to provide any information it holds regarding the Storer or the Storer’s location to the FO. Further, the Storer acknowledges that where the FO reasonably believes that the Storer is unwilling or unable to remove its goods from the Space when required to do so under this Agreement, the FO may allow the ACP to remove the Storer’s goods on such terms as agreed between the FO and the ACP (without the need for further consent from the Storer); and
is solely responsible for determining whether the Space is appropriate and suitable for storing the Storer’s goods, having specific consideration for the size, nature and condition of the Space and the goods being stored.
Without limiting clause 7, the FO may refuse access to the Space and/or the Facility by the Storer where any amount owing by the Storer to the FO under this Agreement remains unpaid after the FO has requested such payment in writing. The FO will not be liable for any loss or damage suffered by the Storer resulting from any inability to access the Space and/or the Facility as a result of such refusal.
The FO reserves the right to relocate the Storer to another storage space (of the same or similar dimensions) if the FO, acting reasonably, deems it is necessary to do so for the proper operation and management of the Facility. If this occurs then that new storage space will be the Space for all purposes under this Agreement.
Without limiting clause 7, if the Storer’s goods in the Space are severely damaged by a fire, flood or some other event which, in the FO’s reasonable opinion, has caused such goods to be hazardous or dangerous to other storers and/or their goods, the FO or the Facility, the FO may, at the Storer’s expense, dispose of such severely damaged goods. Where practicable, the FO will provide the Storer with reasonable notice and an opportunity to review the goods before disposal. The FO will not be liable for any loss or damage suffered by the Storer as a result of such disposal action.
The Storer warrants that it will not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art, items of personal sentimental value or that are worth more than $2,000 AUD (in total) unless they are itemised and covered by insurance.
The Storer is responsible (and must pay) for any loss or damage caused by a third party who enters the Space (or the Facility) at the request or direction of the Storer or whose entry to the Space (or the Facility) was facilitated by any action (or failure to act) of the Storer (including, but not limited to, the provision of a key, access card or codes or by leaving the Space or Facility unsecured),
The Storer acknowledges that to the extent permitted by law, having regard to any non-excludable consumer guarantees under any applicable consumer protection laws (Non-Excludable Guarantees), the Storer’s goods are stored at the sole risk and responsibility of the Storer who, except to the extent of any negligence by the FO, is responsible for any and all theft, damage to, and deterioration of its goods. To the extent permitted by law and subject to the Non-Excludable Guarantees, the FO makes no representations to the Storer and gives no warranties or guarantees to the Storer (whether express or implied) in respect of or in relation to the storage of the Storer’s goods under this Agreement, other than as expressly stated in this Agreement. The Storer, except to the extent of any negligence by the FO, bears the risk of any and all damage caused by flood, fire, leakage or overflow of water, mildew, mould, heat, spillage of material from any other storage space, removal or delivery of the goods, pest or vermin or any other reason whatsoever.
If, notwithstanding clause 16, the FO is liable to the Storer in any way, the FO’s liability is limited to the total Storage Fees paid to the FO under this Agreement. The Storer acknowledges that it is aware of the limitations of liability set out in this clause and that, in all the circumstances, such limitations on the FO’s liability are reasonable.
The Storer is responsible for any loss, damage or injury, whether to the Storer, the FO, the Facility or any third parties, caused by, resulting from or incidental to the use of the Space by the Storer, its agents or the ACP (including, but not limited to, storage of goods in the Space, the goods themselves and/or accessing the Facility).
The Storer will comply with all relevant laws applicable to the use of the Space. This includes laws relating to the goods which are stored, and the manner in which they are stored. Liability for any breach of such laws rests absolutely with the Storer and includes all costs resulting from any non-compliance.
If the FO reasonably believes that the Storer is not complying with clause 19, the FO may (in its reasonable discretion):
take any action it believes necessary to ensure compliance, including inspection of the Space under clause 21;
immediately dispose of or remove the goods in the Space at the Storer’s expense; and/or
contact, cooperate with and/or submit the goods to the relevant authorities. The Storer agrees that the FO can take any such action at any time, even though the FO could have acted earlier.The Storer agrees that the FO can take any such action at any time, even though the FO could have acted earlier.
Subject to clauses 22 and 23, the Storer consents to the FO entering the Space for the purposes of general inspection of the Space and/or the goods stored in the Space and will attend at the Facility for the purposes of granting the FO entry to the Space, provided that the FO gives 14 days’ written notice.
In the event of an emergency, the FO may enter the Space using all necessary force without the prior written consent of the Storer. The FO will notify the Storer as soon as practicable of such entry. The Storer irrevocably consents to such entry. For the avoidance of doubt, an emergency includes, but is not limited to, where the FO believes that clause 10(b) and/or clause 19 is being breached, or where the FO reasonably believes property, the environment or human life or safety is threatened, or where the FO allows access, inspection or seizure by relevant authorities.
The Storer agrees that in circumstances where the FO reasonably suspects that clause 10(b) and/or clause 19 is being breached or that damage has been caused to the Space, the FO may use a microprobe or other CCTV camera to view the inside of the Space and any footage obtained which evidences a breach of this Agreement or the law may be relied upon by the FO to take any action authorised under this Agreement, including terminating this Agreement and/or cooperating with law enforcement agencies and other authorities.
Subject to clause 25, notices under this Agreement will be sent electronically, by text message to the Storer’s mobile number and/or by email to the Storer’s email address, as specified in the contact details in your Standard Self Storage Agreement Schedule. Notices given by the Storer to the FO must be actually received by the FO to be valid and the FO may further specify a required method of delivery.
Where the Storer has indicated in the Standard Self Storage Agreement Schedule that they do not want to receive notices electronically, the FO will send any notices required under this Agreement to the address specified in the contact details in your Standard Self Storage Agreement Schedule.
If the FO is not able to contact the Storer, notice is deemed to have been given to the Storer by the FO if the FO has sent a notice to the Storer’s last notified address (including electronically, unless the Storer has indicated that they do not want to receive notices electronically, provided that no electronic ‘bounce back’ or similar notification is then received) and to the ACP’s last notified address.
If 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.
Except where the Facility is located in the State of South Australia (in which case clause 8(b)will apply), the Storer and the FO agree that the FO may, but is not obliged to, give notice of any proposed sale of the Storer’s goods in accordance with the FO’s rights under this Agreement in a newspaper distributed throughout the relevant state or territory and/or nationally and may include the Storer’s name for this purpose.
This Agreement may be terminated:
after the expiry of the Fixed Period, by either party giving written notice to the other party (for a period not less than the Termination Notice Period), or, in the case of the FO being unable to contact the Storer, by the FO giving such notice to the ACP; or
by the FO, without notice and at any time, if:
the Storer breaches clause 10(b) and/or clause 19;
if, upon entering into the Space in accordance with the provisions of this Agreement, the FO discovers that no goods are stored in the Space. If the FO terminates under this clause 29(b)(ii), the FO will provide the Storer with written confirmation of the termination within 7 days of such entry; or
if the FO reasonably determines that any of the Storer’s activities in respect of the Space and/or the Facility are otherwise illegal, environmentally harmful, antisocial, threatening or offensive.
If the Storer terminates this Agreement without giving the written notice required under clause 29(a), the FO may deduct Storage Fees for the required notice period from the Deposit.
Upon termination of the Agreement (for any reason), the Storer must:
remove all goods in the Space before the close of business on the date of termination (failing which, clause 8 will apply) and leave the Space in a clean condition and good state of repair to the satisfaction of the FO; and
pay any expenses on default, outstanding Fees and any other amounts payable by the Storer under this Agreement up to the date of termination, failing which, the FO may take any Default Action. The FO will calculate such amounts and notify the Storer in writing as soon as practicable.
If the FO reasonably believes that the Storer will not perform its obligations under clause 31(a) or the Storer fails to respond in a reasonable period to any notices sent by the FO, the FO may, but is not obliged to, permit the ACP to access the Space to perform such obligations and the Storer irrevocably authorises the FO and the ACP to take this action.
Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement survive termination of this Agreement.
The FO may:
may collect information about the Storer, including the Storer’s Personal Information (as defined in the Privacy Act 1988 (Cth)) (Personal Information), to assist in the provision of storage to the Storer, maintaining the Storer’s account, and the FO’s enforcement of this Agreement in any way; and
may disclose any information about the Storer, including the Storer’s Personal Information, to government departments, law enforcement agencies, including the police, any person who can demonstrate a legal or equitable interest in the goods stored to the FO’s reasonable satisfaction, liquidators, administrators or other persons appointed to administer the Storer’s financial affairs, debt collection services or credit reporting agencies (including, but not limited to, Storer Check Pty Ltd), the ACP and agents for any of the above.
The Storer warrants that it has:
the right to disclose information to the FO about the ACP (including Personal Information) and that the FO may use this information as it would Personal Information collected about the Storer; and
informed the ACP that the Storer has made the disclosures referred to in clause 35(a).
The parties acknowledge and agree that the ACP may access and correct the information held by the FO in the same manner the Storer may correct its Personal Information.
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 this Agreement.
No failure or delay by the FO to exercise its rights under this Agreement will operate to waive or reduce such rights.
The FO enters into this Agreement for itself and on behalf of its directors, employees and agents.
This Agreement constitutes the entire agreement between the FO and the Storer and supersedes and extinguishes all previous discussions, correspondence, negotiations, agreements, assurances, warranties, representations and understandings between them (whether written or oral).
