Agreement

SELF STORAGE AGREEMENT

STORER

 Business  / Name:  ……………………………………………………………..     ABN: ……………………….

DETAILS

Business/Home Address: ……………………………………………………………………………………………………

Postal Address: ……………………………………………………………………………………………………………………

Phone No:  Work/Business:  ……………………………Home:  ……………………………………………….

Mobile: ………….…………………………..  Fax No: ……………………………………………………………

Email Address: ……………………………………………………………………………………………………..

(Please advise us immediately if your address or contact numbers are changed)

 

VEHICLE & ALTERNATE CONTACT PERSON DETAILS

Vehicle Details: Make/Model: ………………………………………….. Rego: ……………………………..

Drivers Licence No: ……………………………………………..Expiry Date:………………………………….

Alternate Contact Person:

First Name: …………………………………………..Last Name: ………………………………………………..

Home Address: ……………………………………………………………………………………………………..

Phone No: ……………………………………………………………………………………………………………

 

STORAGE DETAILS

Shed No: …………………….. Storage Period: …………………………. To:…………………………………

 

 

STORAGE COSTS (payable on the date of Commencement)

Key Bond:   $ 50.00 (refundable only upon return of key)

Storage Fee:  $170.00 per month

(One month payment in advance required upon commencement)

Late Payment Fee:  $30.00 applied 14 days after due dates

 

PAYMENT METHOD (please circle)

Cash   /  Cheque/Money Order   /    Direct Debit

 

I/we acknowledge that I/we have read the main points and conditions of agreement carefully and signing this agreement will be bound by all terms and conditions.

 

Sign  …………………………………………………………………………………………………………………………….

Date………………………………………..

 

Agreement Main Points

 All payments are to be made 1 month in advance by you  (the Storer)

The Owner is not liable for any loss, theft, damage to, or the deterioration of, the goods stored on its premises

Fourteen (14) days notice must be given for termination of this agreement, if notice is not given you will be charged  for an additional 14 days hire

You must not store flammable, hazardous, dangerous, illegal, stolen, perishable, environmentally harmful, explosive or uncontained foodstuffs. The Owner reserves the right to immediately terminate this Agreement should such goods be discovered in the Shed. All liquids stored by the Storer shall be securely stored in proper containers. The Owner reserves the right to refuse storage of inadequately – stored liquids

The Storer shall be responsible for any wilful damage caused to the Shed and/or the premises by the Storer, their nominated Alternate Contact Person or any other authorized Person

The Storer must notify the Owner of all changes of address, email addresses and contact telephone number

At no time is any rubbish / items to be left in driveways or on premises during tenancy

Any rubbish / items left in the shed or on the premises after vacate that require to be removed from site  will incur a cleaning fee of $150.00

Storer agrees to all terms and conditions contained with this agreement (Pages 3 & 4)

I/we acknowledge that I/we have read the main points and conditions of agreement carefully and signing this agreement will be bound by all terms and conditions.

 

Sign  ………………………………………………………………………………….

Date:………………………………

 

Accepted by the owner: -

…………………………………………………………………………………......

(Owner’s Signature)

 

TERMS AND CONDITIONS OF AGREEMENT

STORAGE

1.         The Storer:

a.         has the right  to store Goods in the Space allocated to the Storer by the Operator;

b.         is deemed to have knowledge of the Goods in the Space;

c.         warrants they are the owner of the Goods in the Space, and/or are entitled at law to deal   with them in accordance with aspects of this Agreement.

2.         The Operator:

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 Operator does not take possession of the Goods.

COST

3.         The Storer must upon signing the Ageement pay to the Operator:

a.         the Deposit (which will be refunded by cheque within 30 days of termination of this Agreement), and/or

b.         the Administration Fee.

4.         The Storer is responsible to pay:

a.         the Storange Fee being the amount indicated in this Agreement or the amount notified to the Storer in writing by the Operator 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 Operator, on time, in full, throughout the period of storage. The Operator does not normaly bill for fees.

b.         the Cleaning Fee, as indicated on the front on this Agreement, is payable at the Operator's discretion.

c.         a late payment fee, as indicated on th efront  on this Agreement, which becomes payable each time a payment is late.

d.         any costs incurred by the Operator in collecting late or unpaid Storage Fees, or in enforsing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action costs.

5.         The Storer will be responsible for payment of any govemment taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.

DEFAULT

6.         Notwithstanding clause 18, the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date, the Operator may, without further notice, enter the Space, by the force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the Operator may determine. The Operator may also require payment of default action costs, including any costs associated with accessing the Storer's Space and disposal or sale of the Storer's Goods. Any excess moneys recovered by the Operator on disposal will be returned to the Storer.

ACCESS AND CONDITIONS:

7.         The Storer:

a.         has the right to access to the Space during Access Hours as posted by the Operator;

b.         wil be solely responsible for the securing of the Space and shall so secure the Space at all time when the Storer is not in the Space in a manner which is acceptable to the Operator, 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 harmfull, perishable or that are a risk to the property of any person;

d.         the Storer must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;

e.         will use Space solely for the pupose of storage and shall not carry on any business or other activity in the Space;

f.          must not attach nails, screws ect to any part of the Space and must maintain the Space by ensuring it is clean and in a state of good repair and must not damage or alter the Space without the Operator's consent; in the event of uncleanliness of or damage to the Space or Facility the Operator will be entitled to retain the Storer's deposit, charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required.

g.         cannot assign this Agreement;

h.         must give Notice to the Operator in writing of the change of address of the Storer or the Alternate Contact Person within 48 hours of any change;

i.          grants the Operator entitlement to discuss any default by the Storer with the Alternate Contact Person registered on the front of this Agreement.

8.         The Operator may refuse access to the Space by the Storer where moneys are wing by the Storer to the Operator, whether or not a formal demand for payment of such moneys has been made.

9.         The Operator reserves the right to relocate the Storer to another Space under certain circumstances.

10.       No oral statements made by the Operator or its employees shall form part of this Agreement, and no failure or delay by the Operator to exercise its rights under this Agreement will operate to waiver those rights.

RISK AND RESPONSIBILITY

11.       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 Operator or persons under its control.

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

13.       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 Space. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability fot any and all breach of such laws rests absolutely  with the Storer , and includes any and all costs resulting from such a breach.

14.       If the Operator has reason to believe that the Storer not complying with all relevant laws the Operator may take any action the Operator believes to be necessary, including the action outlined in clauses 16 & 18, 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 Operator may take such action at any time even througt the Operator could have acted earlier

INSPECTION AND ENTRY BY THE OWNER

15.       Subject to clause 16 the Storer consents to inspection and entry of the Space by the Operator provided that the Operator gives 21 days written Notice.

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

NOTICE:

17.       Notices will usually be given in writing and left at, or posted to, or faxed to the address of the Storer or the Operator. In relation to the givin of Notices to the Operator, Notices must actually be received to be valid. In the event of not being able to contact the Storer, Notice is deemend to have been given to the Storer by the Operator if the Operator serves that Notice on the Alternate Contact Person as indentified 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 suffficient for the purposes of any Notice requirement under this agreement.

TERMINATION:

18.       Once the intial fixed period of storage has ended, either party may terminate this Agreement by givin the other party Notice as indicated on the tront of this Agreement. In the event of illegal or environmentally harmful activities on the part of the Storer the Operator may terminate the Agreement without Notice. The Operator 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 Space and leave the Space in a clean condition and in good state of repair to the satisfaction of the Operator on the date specified. The Storer must pay any outstanding monies and any expenses on default or other monies owed to the Operator enters the Space for any reason and there are no Goods stored therein, the Operator may terminate the Agreement without givin prior Notice, but the Operator will send Notice to the Storer in writing within 7 days.

19.       The Partie's liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

TRADE PRACTICES ACT:

20.       The Storer:

a.         agrees that the terms of this document constitute the whole contract with the Operator and that, in entering this contact, 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 Operator and that the Operator 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 Operator, been reduced to writing and incorporated into the terms of this Agreement.

21.        

a.         Any damages, whether for phisical or economics loss, which the Operator is liable to play to the Storer pursuant to this Agreement or perfomance 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 Operator 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 Operator 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 Operator under the terms and conditions of this Agreement.

b.         The Storer specificaly acknowledges that it is aware of the limitation of liability set out in clause 21 (a) above and that, in all the circumstances, and taking into account the negotiations between the parties and their relationship, such limitation on the Operator's liability is a reasonable one.

MEDIATION OF DISPUTES:

22.       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 agreement of the parties or, failing agreement within 7 days of receivind any party's notice of dispute, by a person appointed by the Chair of LEADR, ACN 008 651 232, level 9, 15-17 Young Street, Sydney; phone: 02 9251 3366, fax: 02 9251 3733, e-mail: leadr@leadr.com.au, or the Chair's designated representative. The LEAD Mediation Rules shall apply to the mediation. Arditration or Litigation it is a condition precedent to the right of either party to commense arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.

I/we acknowledge that I/we have read the main points and conditions of agreement carefully and signing this agreement will be bound by all terms and conditions.

Sign  ………………………………………………………………………………….

Date:………………………………