Terms and Conditions

1.   Definitions and interpretation

In this Agreement, unless the context requires otherwise:

1.1   Definitions

“Account” means Your account with Us in respect of this Agreement.

“ACP” means Alternative Contact Person.

“Agreement” means this standard self storage licence agreement, including the Schedule, the operative part,

Privacy Policy and any applicable Specific Terms.

“Alternative Contact Person” or “ACP” means the alternative contact person that You specify in the Schedule.

“Associate” means the ACP, Your agent and/or any third party:

(a) who enters the Space (or the Facility) at Your request, invitation or direction;

(b) whose entry to the Space (or the Facility) was facilitated by any of Your acts or omissions, including, but not limited to, the provision of a key, access card, codes or Bluetooth-enabled device;

(c) who gains unauthorised entry to the Space (or the Facility) due to the Space (or Facility) being left unsecured, either deliberately or negligently, by You.

“Australian Consumer Law” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Cth).

“Bluetooth” means a short-range wireless technology standard that is used for exchanging data between fixed and mobile devices over short distances.

“CCTV” means any type of visual surveillance device used for security purposes, including cameras that relay to a screen or monitor, and usually results in recordings. For the purpose of this Agreement, this incorporates any other surveillance and recording technology operated for safety and security purposes.

“Default” means a material breach of this Agreement by You.

“Default Action” means any of the actions described in clause 13 (Consequences of Default).

“Default Action Costs” means the reasonable costs of enforcing this Agreement due to Your Default such as, without limitation, the costs of:

(a) inspecting the Space;

(b) conducting an inventory of Goods;

(c) the sale or disposal of Goods;

(d) cleaning the Space;

(e) recovering any overdue Fees and other amounts due, including costs of debt collection services;

(f) postage and/or courier; and/or

(g) any other action required or permitted under this Agreement (including the giving of a notice to You).

“Direct Debit” means an automatic recurring payment of the Storage Fees debited by Us from Your nominated bank account, debit or credit card on Your Scheduled Payment Date or as otherwise agreed.

“Facial Identification” refers to ‘one-to-many’ matching and involves determining whether a face matches any biometric template in a database.

“Facial Recognition Technology” or “FRT” involves the collection of a digital image of an individual’s face and the extraction of their distinct features into a biometric template. The biometric template is then compared against one or more pre-extracted biometric templates for the purpose of Facial Verification or Facial Identification.

“Facial Verification” refers to ‘one-to-one’ matching and involves determining whether a face matches a single biometric template.

“Facility” means the self storage facility location specified in the Schedule and comprised of the premises owned or controlled by Us, including the land, buildings and any fixtures.

“Fees” means, collectively, the fees described in clause 3.

“Fixed Period” means either:

(a) the fixed storage period specified in the Schedule; or

(b) where no such period is specified, the minimum storage period of thirty (30) days, commencing on the date of this Agreement.

“Goods” means the goods that are being stored by You and which are subject to this Agreement.

“GST” means any goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Indemnified Party” means Us and Our directors, employees, contractors, subcontractors and agents.

“Late Payment Fee” means the late payment fee and accrual set out in the Schedule.

“Other Fees” includes any of the fees (whether for administration of Your Account, cleaning, pest control or emergency or security service call-out caused by You or Your Associate) set out in the Schedule, Default Action Costs and/or any other fees reflecting costs which:
We reasonably determine are chargeable to You; and
We advise to You in writing.

“Permitted Use” means storage of Goods and/or other use, subject to and compliant with all applicable laws, for which We have given You express prior written approval.

“Personal Information” means information or an opinion (including information or an opinion forming part of a database) that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion or as otherwise defined in the Privacy Act 1988 (Cth).

“PPSA” means the Personal Property Securities Act 2009 (Cth).

“Privacy Collection Statement” means Our Privacy Collection Statement as published on Our website and displayed at Our place of business.

“Privacy Policy” means Our Privacy Policy published on Our website and/or displayed at Our place of business.

“Prohibited Goods” includes, without limitation, goods that are hazardous, dangerous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, living, or that can pose a risk to any person or property, including any lithium-ion battery or item containing a lithium-ion battery.

“Schedule” means the schedule to this Standard Self Storage Licence Agreement containing Your and Our details, among other things.

“Scheduled Payment Date” means the recurrent agreed date that the payment is due under this Agreement or as otherwise agreed by the parties.

“Security Deposit” means the security deposit amount set out in the Schedule.

“Service” means any service offered by Us, including the managed storage, storage room, mobile storage, vehicle storage, shipping container and/or trailer hire services, as the case may be.

“Goods” means the goods that are being stored by You and which are subject to this Agreement.

“GST” means any goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Indemnified Party” means Us and Our directors, employees, contractors, subcontractors and agents.

“Late Payment Fee” means the late payment fee and accrual set out in the Schedule.

“Other Fees” includes any of the fees (whether for administration of Your Account, cleaning, pest control or emergency or security service call-out caused by You or Your Associate) set out in the Schedule, Default Action Costs and/or any other fees reflecting costs which:
We reasonably determine are chargeable to You; and
We advise to You in writing.

“Specific Terms” means the specific terms applicable in respect of each relevant Service as published on Our website and/or displayed at Our place of business.

“SSAA” means the Self Storage Association of Australasia.

“Storage Fee” means the periodic storage fee specified in the Schedule or as otherwise agreed in writing.

“Storage Period” means the Fixed Period, any holding over period under clause 2(c) and/or any further period agreed by the parties in writing.

“Storer” means You.

“StorerCheck” means the database set out at https://storercheck.com.au/ (or such other URL as may be advised by SSAA on its website from time to time).

“Termination Notice Period” means the termination notice period specified in the Schedule or, where no such period is specified, the termination notice period is thirty (30) days.

“Uncollected Goods Legislation” means:

Australian Consumer Law and Fair Trading Act 2012 (Vic);

Uncollected Goods Act 1995 (NSW);

Disposal of Uncollected Goods Act 1967 (Qld);

Unclaimed Goods Act 1987 (SA);

Disposal of Uncollected Goods Act 1970 (WA);

Uncollected Goods Act 2004 (NT);

Uncollected Goods Act 1996 (ACT),

applicable to the jurisdiction in which the Facility is located.

“Unforeseen Event” includes fire, flood, earthquake, storm or another natural disaster or any party’s reasonable control adversely affecting the ability to perform at the Space or any part of the Facility.

“Unforeseen Event” includes fire, flood, earthquake, storm or another event outside of any party’s reasonable control adversely affecting the access to or use of the Space or any part of the Facility.

“We”, “Our” and/or “Us” means the person specified in the Schedule as the Facility’s operator (or any of Our successors or permitted assigns).

“You” means the person (which may be one or more persons, as applicable, and may include a natural person, body corporate (and if so, each person acting with the actual or apparent authority in respect of that body corporate), partnership or trust) specified in the Schedule as the Storer. Where You specify two (2) or more legal persons in the Schedule as the Storer, each of those persons is jointly and severally liable as a party under this Agreement.

1.2 Interpretation

(a) the singular includes the plural and vice versa;

(b) the meaning of general words is not limited by specific examples introduced by words like “including”, “for example”, “such as” or similar expressions;

(c) a reference to any document, policy or legislation includes all amendments, consolidations or replacements (and all regulations or instruments issued under it, if any);

(d) time limits under this Agreement (including any notice issued under this Agreement) must be strictly complied with by all parties;

(e) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in the city in which the Facility is located;

(f) a reference to a business day is a reference to a day on which businesses are ordinarily open for business in the city in which the Facility is located excluding Saturday, Sunday and any gazetted public holidays in that city;

(g) neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting;

(h) each party will exercise reasonably any powers (including discretion, opinion or belief) conferred on it under this Agreement; and

2. Grant of licence

(a) We grant You a non-exclusive, non-sublicensable, non-transferable, revocable licence to access and use the Space during the Facility’s access hours, notified by Us from time to time, in accordance with the Permitted Use during the Storage Period, upon and subject to this Agreement.

(b) Your rights under this Agreement are contractual only and do not confer any leasehold or other interest in the Space.

(c) If, with Our consent, You remain in possession of the Space after the Fixed Period expires, this Agreement will be deemed to continue as a monthly agreement, on the same terms and conditions but modified as applicable to a monthly agreement.

(d) For the avoidance of doubt, You are not permitted to sub-licence, transfer or assign to any third party the licence that We grant to You under clause 2(a).

3. Fees

(a) You must pay to Us, using a payment method accepted by Us:

1. Security Deposit: on signing the Agreement a one-off Security Deposit (if any) the parties agree that, subject to the terms of this Agreement, We may apply the Security Deposit to any Fees due and payable to Us by You (“Incurred Fees”) and where:

A. the Security Deposit is greater than the Incurred Fees, We must refund to You within thirty (30) days of finalising Your Account any balance remaining after the deduction; or

B. the Security Deposit is less than the Incurred Fees, We will be entitled to withhold the entire Security Deposit and You will remain liable to Us for any shortfall.

2. Storage Fee: the Storage Fee monthly in advance (unless otherwise agreed by the parties) and by no later than the Scheduled Payment Date specified in the Schedule;

3. Late Payment Fee: the Late Payment Fee, if any payment of the Storage Fee or any other Fee due is not made on the due date; and/or

4. Other Fees: the Other Fees in accordance with this Agreement.

(b) Duties and taxes: You must pay any government taxes, charges or duties (including any GST) payable in respect of this Agreement. A valid tax invoice will be provided to You on request and/or issued periodically by Us to You, as the case may be.

(c) Direct Debit: You must identify Your Direct Debit payment clearly and as reasonably directed by Us, so it can be correctly credited to Your Account once cleared. If You fail to identify Your payments in accordance with Our directions and Your Account is in arrears as a result, You may incur a Late Payment Fee and/or We may undertake a Default Action in accordance with this Agreement. You indemnify Us against any claim for loss, damage or expenses in connection with Our enforcement of this Agreement, including in relation to the sale or disposal of Your Goods, due to Your failure to correctly identify a Direct Debit payment.

(d) Fee increases: We may increase the Storage Fee any time after the expiry of the Fixed Period but must provide at least twenty-eight (28) days’ notice to You of any fee increase. If You object to the fee increase, You may, before the expiration of that twenty-eight (28) day period, terminate this Agreement and move out by giving no less than twenty-four (24) hours’ notice to Us (in accordance with clause 20(b)).

4. Your obligations

You must:

(a) use the Space in accordance with the Permitted Use only;

(b) not conduct business, reside, sleep, loiter, party, cause nuisance or undertake any other activity in the Space or at the Facility contrary to the Permitted Use;

(c) comply with the Facility Rules (including Our reasonable directions) and all applicable laws (including local planning laws, health and safety laws) and directions of relevant government authorities (including those that We may be required to implement);

(d) ensure that any Goods stored in the Space are:

 1. dry, reasonably clean, free of vermin, mould and/or food scraps; and

 2. not Prohibited Goods;

(e) keep the Space in good and clean condition, appearance and repair;

(g) promptly notify Us of any damage to the Space and/or any part of the Facility, or of any event or circumstance that poses a material risk to the Space or Facility; and

(h) secure from unauthorised entry the Space and any of the Facility’s gates or doors that You use.

5. Your warranties

You warrant that You:

(a) own all the Goods stored in the Space and/or are entitled at law to deal with such Goods in accordance with this Agreement (including granting Us the right to dispose of the Goods in specified circumstances) and, in that capacity, You have knowledge of the Goods in the Space; and

(b) will not store in the Space:

1. any documents containing Personal Information (including sensitive information) about You or a third party;

2. any irreplaceable Goods, such as currency, jewellery or precious metals (e.g. gold), furs, deeds, paintings, curios, works of art, photographs, items of personal sentimental value or which have a collective value exceeding $1,000 (in total) unless they are itemised and covered specifically by insurance; or

3. any Prohibited Goods.

6. Our warranties

We warrant to You that We have the right to grant You the licence under clause 2(a) and will facilitate Your access to the Space during the Facility’s access hours (except as otherwise provided in this Agreement).

7. Your acknowledgement

You acknowledge and agree that:

(a) the Space is approximately the size advertised;

(b) You are solely responsible for determining whether the Space is appropriate and suitable for storing Your Goods, having regard to the size, nature and condition of Your Goods and of the Space;

(c) We:

 1. do not have, and will not be deemed to have, knowledge of the Goods in the Space;

 2. are not a bailee, nor a warehouseman of, the Goods stored in the Space and do not take possession of the Goods, You retain control of, and responsibility for, the Goods (subject to Us taking possession under clause 13 (Consequences of Default)); and

 3. do not provide any Goods, or Goods maintenance services, to You, unless otherwise agreed with You and subject to the applicable Specific Terms;

(d) You are solely responsible for evaluating the replacement value of Your Goods and purchasing and/or maintaining an appropriate level of insurance coverage in relation to Your Goods. In the event of loss or damage to Your Goods, or loss or damage caused by Your Goods, You should not assume that any insurance policies that We may have covers such loss or damage;

(e) by requiring Us to perform any Services or by using any of Our Services, You accept the Specific Terms on which We provide those Services;

(f) If You fail to sign and return this Agreement to Us, You may accept this Agreement by conduct (such as by verbally agreeing to its terms, storing Goods in the Space and/or paying Storage Fees) and, if so, You are legally bound by the terms of this Agreement;

(g) the common areas at the Facility may be under continuous CCTV and audio surveillance; and

(h) in limited circumstances such as for maintenance and repair, ID verification purposes and/or other issues, We have the right to temporarily restrict Your access to the Space without notice.

8. Damage by You and/or Your Associates

In the event the Space, the Facility, any of Our property, and/or property of any other person at the Facility, is damaged due to any of Your and/or Your Associate’s acts or omissions, including storage of Prohibited Goods, We may, at our election:

(a) direct You to remedy any such damage, including by paying compensation; and/or

(b) repair such damage and charge You for any repairs.

(a) You consent to Us accessing (using all force as is reasonably necessary in the circumstances) and inspecting the Space by any means (including using a microphone, CCTV or other camera or audio surveillance with any footage obtained from such surveillance being potentially available as evidence in any proceedings):

 1. on fourteen (14) days’ written notice to You (where You will have the right to be present at the inspection) for the purposes of, among others, maintenance, repair and/or relocation;

 2. immediately and without notice (but with a subsequent written notice to You informing You of the event as soon as practicable) if entry is required to give effect to this Agreement or any applicable law, or We suspect there has been a breach of this Agreement or any applicable law, including but not limited to circumstances where We, acting reasonably, believe that:

  A. Your Goods or any of Your or Your Associates’ acts or omissions threaten, or may cause harm or damage to, any person, property or the environment (which may include the Space); or

  B. it is a requirement of Our insurance policy or other similar binding requirement; or

  C. We must report You and/or Your Associates to a relevant government authority, law enforcement agency and/or emergency services and/or allow access, inspection or seizure of Goods by relevant government authorities in compliance with applicable laws; or

  D. an Unforeseen Event has taken place or, in Our reasonable belief, is about to take place.

(b) We agree and acknowledge that:

 1. any CCTV and security recording system that We utilise, including Facial Recognition Technology, must strike an appropriate balance between the personal privacy of individuals using or visiting Facility premises, maintaining a secure environment and the objective of recording incidents;

 2. the system will be operated fairly, within applicable law, and only for the purposes to which it is established; and

 3. the presence of CCTV on Facility premises will be brought to the notice of You and the general public by prominent and appropriate signage.

(c) CCTV images recorded at the Facility are stored digitally. All recorded material will be treated as confidential and, if the recordings contain Personal Information, this information will be managed in accordance with our Privacy Policy.

10. Goods handling equipment

We may make walking stackers, trolleys and other Goods-handling equipment available at the Facility to assist You, however, You may only use such equipment if You:

(a) are experienced with the particular equipment, know how to use it safely, and use it safely;

(b) comply with any applicable health and safety regulations, instructions and/or Our directions for use for that equipment; and

(c) accept liability for any damage or injury arising from Your or Your Associate’s use of such equipment at the Facility.

11. Australian Consumer Law

The Australian Consumer Law applies to this Agreement and provides You with rights that are not excluded, restricted or modified by this Agreement. Any provision of this Agreement is subject to the specific protections and guarantees in the Australian Consumer Law.

12. Liability and risk

(a) Subject to clause 11 (Australian Consumer Law), any applicable law (including conditions, warranties or guarantees which cannot be excluded, such as the consumer guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law), and the provisions of this clause 12, You:

 1. access and use the Space (including storing Goods in the Space) at Your own risk;

 2. bear the risk of theft of Your Goods from the Space and of any damage, deterioration and/or destruction to Your Goods caused by, among others:

  A. any Unforeseen Event (including flood, fire, leakage or overflow of water);

  C. transportation (including delivery and removal) of the Goods;

  D. infestations (including pests or vermin); and/or

  E. spillage of material from any other storage space used by other users of the Facility;

 3. must indemnify and hold harmless the Indemnified Party in respect of any loss, damage, or injury (as applicable) to the Space, Facility, Us, and/or any third party, where such loss, damage, or injury is caused by Your or Your Associate’s willful misconduct, negligent omission, fraud or criminal conduct and/or the storage of Prohibited Goods; and

 4. release Us from all claims and liability arising from any loss, damage or injury occurring in the Space or the Facility or in connection with Your use of the Space; and, in any event, if it is determined that We are liable to You, Our liability is capped at:

  A. if the loss, damage or injury relates to Goods or property, $1,000; or

  B. otherwise, the amount which is the greater of:

   i. the Storage Fees You paid Us under this Agreement within six (6) months of the date of the event giving rise to the liability; and

   ii. $5,000.

(b) Clause 12(a) does not apply to the extent any risk, liability, damage, or injury is caused by any of Our (and/or any of Our Indemnified Party’s) negligence, wilful misconduct, fraud or criminal conduct,

(c) We must indemnify and hold harmless You in respect of any loss, damage, or injury (as applicable) to You, where such loss, damage, or injury is caused by Our (and/or any of Our Indemnified Party’s) wilful misconduct, negligent omission, fraud or criminal conduct.

(d) Each party:

 1. is not entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement; and

 2. shall not be liable under this Agreement for any indirect, consequential, special or incidental loss or damages;

(e) Each party’s liability for any loss, damage, or injury (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant loss, damage or injury.

(f) You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.

13. Consequences of Default

(a) In the event of Your Default (such as any Fees becoming overdue or You failing to comply with Your obligations under clause 4) under this Agreement, We may (but are not obliged to), without any liability to You for any loss or damage and without limiting any other rights under this Agreement (including the right of termination), take any of the following Default Actions:

 1. apply the Security Deposit in respect of any Incurred Fees as provided in clause 3(a)(1);

 2. deny You access to the Space and/or the Facility until the Default is remedied, including by applying a padlock or other device to the Space;

 3. claim a contractual lien over all Your Goods (“Contractual Lien”) and You agree to grant Us the Contractual Lien;

 4. access the Space, by force if necessary, to take possession of the Goods stored in the Space (noting that, for the purposes of the PPSA, We are deemed to be in possession of the Goods stored in the Space from the moment We exercise our rights pursuant to this clause);

 5. report You to, without limitation, StorerCheck, debt collection agency, credit reporting agency, law enforcement agency or government authority as applicable (subject to Our Privacy Policy);

 6. provided that a minimum of forty-two (42) days have passed since the date of Your Default, and We have given You at least fourteen (14) days’ notice (to allow You to rectify Your Default if it is rectifiable):

  B. dispose of the Goods in whole or in part, in any manner We deem fit, where the Goods remain unsold after being offered for sale or are unsaleable for any reason (including posing a health and safety risk) or appear of insufficient value to warrant a formal sale process.

  This clause 13(a)(6) will only apply to the extent the relevant Uncollected Goods Legislation allows parties to contract out of it.

(b) In respect of clause 13(a)(6):

 1. If We believe it is a health and safety risk to conduct an inventory of the Goods, We may take the Default Action under paragraph (B) without undertaking such an inventory. In such circumstances, We will not open any boxes or bags in which Your Goods are contained and will dispose of all Goods unremoved;

 2. Any funds We recover from the sale will be applied to pay any Fees You owe Us, including the Default Action Costs. In the event of excess funds, We will endeavour to return any balance to You within thirty (30) days from the date of finalising Your Account. However, where We cannot locate You or Your ACP using the contact details provided and the excess funds are determined to be unclaimed monies under the relevant Uncollected Goods Legislation, we will act in accordance with the requirements of the relevant legislation.

(c) You consent to any Default Action being taken under this clause 13, regardless of the nature or value of Your Goods and agree not to impede or cause any obstruction to enforcement of Our rights (other than remedying Your Default).

(d) Your Default under one agreement with Us will constitute a Default under all agreements between You and Us and will entitle Us to take a Default Action in accordance with this clause 13 (Consequences of Default) as if it applies mutatis mutandis (with things changed that should be changed) to each of Your agreements with Us.

14. Unforeseen Events

On occurrence, or reasonably anticipated occurrence (such as further to an official weather warning from the relevant authorities), of an Unforeseen Event:

(a) You must comply with all Our reasonable directions;

(b) each party:

 1. must comply (and must direct any of its associates to comply) with all directions from a government department, law enforcement agency (including police), and/or insurer; and

 2. may, in consultation with the other party and subject to a continuing Unforeseen Event, terminate this Agreement on giving a reasonable notice in writing (which could be with immediate effect if it is reasonable in the circumstances) to the other party.

(c) We may:

 1. suspend this Agreement and the parties’ rights and obligations under it for up to thirty (30) days to allow Us to assess and remedy any damage (and no Storage Fees will be payable during the suspension);

 2. take all actions reasonably necessary to minimise the damage to the Space and/or Facility caused by or incidental to the Unforeseen Event; and

 3. if it is reasonable to do so, offer You an alternative space elsewhere in the Facility.

(d) Where Your Goods in the Space are severely damaged or, in Our reasonable opinion, pose any risk to Us, the Facility or any third party, You consent to Us disposing of such Goods without any liability to You upon giving You a written notice. Where practicable and safe to do so, You agree to attend the Space at any reasonable time specified by Us, and (if required by Us) You will inspect the Goods in the Space for damage and/or clear out the Space as soon as possible and within any reasonable period specified by Us.

(a) Subject to clause 16 (Effect of Termination), this Agreement may be terminated:

 1. Termination without cause: after the Fixed Period has ended, by either party giving written notice to the other party for a period not less than the Termination Notice Period;

 2. Termination for Cause: by either party immediately (which may be confirmed by a subsequent notice in writing):

  A. in the event of any Default under this Agreement by the other party, which is not capable of being remedied (including, where We determine, acting reasonably, that Your and/or Your Associate’s behaviour and/or use of the Space and/or the Facility is illegal, environmentally harmful, antisocial, threatening or offensive);

  B. upon giving a written notice to the other party to remedy a Default (including any Fees becoming overdue) under this Agreement and the other party fails to remedy the Default within fourteen (14) days of receiving notice;

 3. Termination due to Variation: by You in accordance with clause 20(b); or

 4. Termination due to Unforeseen Event: by either party in accordance with clause 14(b)(2).

(b) If You purport to terminate this Agreement without giving the written notice to Us, termination will be deemed ineffective.

16. Effect of Termination

Termination of this Agreement does not affect any accrued rights or liabilities of the parties. Upon valid termination of this Agreement:

(a) We will refund or set off (as applicable) the amount of any Storage Fees paid by You in advance for any future whole month that has not yet commenced; and

(b) You must:

 1. pay any outstanding Fees and any other amounts payable by You under this Agreement; and

 2. vacate the Space of all Goods, return to Us any of Our property, and leave the Space in a clean condition in accordance with the Facility Rules within twenty-four (24) hours from termination unless otherwise agreed with Us in writing.

(c) If You breach clause 15(b), We may:

 1. deduct the amount from the Security Deposit in accordance with clause 3(a)(1) (Fees); and

 2. in respect of any shortfall, take any Default Action under clause 13 (Consequences of Default).

17. Disposal of Abandoned Goods

If You leave any of Your Goods or any other goods unattended outside of Your Space at the Facility (“Abandoned Goods”) in breach of the Facility Rules or fail to collect Your Goods within seven (7) days of termination of this Agreement, You authorise us to dispose (including by sale) of the Abandoned Goods (regardless of their nature or value) upon seven (7) days’ written notice without any liability to You and without having any obligation to inspect and/or value the Goods.

(a) warrant that You have the ACP’s consent to disclose the ACP’s Personal Information to Us and that the ACP is authorised to act as Your agent whose decisions in relation to this Agreement will be legally binding on You; and

(b) without limiting clause 18(a), authorise Us to, at Our discretion:

 1. discuss any matter relating to this Agreement with the ACP, including confirming Your latest known contact details; and

 2. in the event of You being absent, unwilling or unable to remove Your Goods when required to do so under this Agreement, allow the ACP to access the Space and remove Your Goods on terms agreed between Us and the ACP, whether before or after termination of this Agreement.

18. Alternative Contact Person (ACP)

You:

(a) warrant that You have the ACP’s consent to disclose the ACP’s Personal Information to Us and that the ACP is authorised to act as Your agent whose decisions in relation to this Agreement will be legally binding on You; and

(b) without limiting clause 18(a), authorise Us to, at Our discretion:

2. in the event of You being absent, unwilling or unable to remove Your Goods when required to do so under this Agreement, allow the ACP to access the Space and remove Your Goods on terms agreed between Us and the ACP, whether before or after termination of this Agreement.

19. Notices

(a) A notice to a party under this Agreement must be in writing and emailed to that party’s email address or texted to that party’s mobile phone number specified in the Schedule (unless You have indicated that you decline to receive notices electronically, in which case the notice can be handed to You or Your ACP or posted to Your latest known address). In the event two or more sets of contact details are provided in the Schedule, it will suffice to give notice in writing to any one of them.

(b) A notice given in accordance with this clause must be treated as having been given and received on the day it is handed, emailed or texted or three (3) business days after the notice has been posted by mail.

(c) Details of any change to a party’s (or an ACP’s) contact details must be notified to the other party within two (2) business days of the change occurring.

20. General provisions

(a) Assignment: The rights granted under this Agreement are personal to You and You may not deal (including via change of control) with Your rights and obligations under this Agreement without Our written consent. Any purported dealing is deemed ineffective. You consent to Us dealing (including via change of control) with Our rights and obligations under this Agreement without prior notice to You (as seeking such consent from multiple Storers would be impractical, among other things).

(b) Variation: We may vary this Agreement by giving You at least twenty-eight (28) days’ written notice of the variation pursuant to changes in applicable laws, market conditions and/or legitimate business interests (including for the proper operation, management, refurbishment or redevelopment of the Facility that may require Us to relocate You to another space (of similar dimensions) within the Facility or make any Fee adjustments). If You object to the variation, You may, before the expiration of the specified notice period, terminate this Agreement by giving no less than twenty-four (24) hours’ written notice to Us.

(c) Counterparts: This Agreement may be executed using electronic signatures and exchanged or delivered electronically and such execution, exchange and delivery will be legally binding in any number of counterparts.

(d) No implied waiver: A failure and/or delay by a party to exercise a right under this Agreement resulting from a breach by the other party does not amount to a waiver of that breach or of any future breach of the same kind.

(e) Severance: If a provision, or part of a provision, in this Agreement is held to be illegal, invalid, void, voidable, or unenforceable, then that provision, or part of a provision, must be read down to the extent necessary to ensure that it is valid and enforceable. Where it is not possible to so read down a provision, or part of a provision, then that provision, or part of a provision, is severable without affecting the validity or enforceability of the rest of this Agreement.

(f) Entire agreement: This Agreement records the entire agreement between the parties about its subject matter and supersedes all previous communications, representations, understandings or agreements between them (whether written or verbal).

(g) Governing law and jurisdiction: The law of the state in which the Facility is located applies to this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and of the Commonwealth of Australia.

(h) Disputes: If a dispute arises between the parties under this Agreement, the parties must attempt to settle the dispute with one another before instituting any legal proceedings.

(i) Survival: Provisions of this Agreement which by their nature are meant to continue to run beyond the termination or expiry of this Agreement will survive its termination or expiry.

1. Relationship with Standard Self Storage Licence Agreement

(a) These Specific Terms, including the Schedule (Specific Terms), govern the terms on which We provide the Service to you. These Specific Terms must be read in conjunction with the Standard Self Storage Licence Agreement which You have executed or accepted by conduct (Full Terms), a copy of which We recommend You retain for Your records and which is published on Our website or displayed at Our principal place of business (as the case may be). You must read these Specific Terms accordingly.

(b) By using this Service and/or agreeing to these Specific Terms, You agree to be legally bound by these Specific Terms in respect of this Service.

(c) Unless otherwise stated in these Specific Terms, all of the Full Terms apply with any necessary alterations to the Service as if:

(1) a reference to the Goods in the Full Terms is a reference to the Vehicle;

(2) a reference to the Storage Fee in the Full Terms is a reference to the Vehicle Storage Fee;

(3) a reference to the Storage Period in the Full Terms is a reference to the Vehicle Storage Period;

(4) a reference to the Space in the Full Terms is a reference to the Parking Space; and

(d) In the event of any inconsistency between these Specific Terms and the Full Terms, these Specific Terms will prevail to the extent of any inconsistency (in respect of its subject matter only).

(e) For the avoidance of doubt, these Specific Terms neither apply nor alter the Full Terms, or any other agreement, in respect of any goods other than the Vehicle.

2. Definitions

Parking Space means the parking spot within the Facility, as specified in the Schedule where You are to store the Vehicle.

Service means a licence to store a Vehicle in the Parking Space.

Vehicle means the motor car, van, truck, trailer, caravan, boat or other kind of vehicle specified in the Schedule, including all goods in, and fixed to, that vehicle, and stored by You in the Parking Space, or any other vehicle stored by You in the Parking Space.

Vehicle Storage Fee means the vehicle storage fee specified in the Schedule.

Vehicle Storage Period means the vehicle storage period specified in the Schedule.

3. Licence

Subject to the terms of these Specific Terms:

(a) We grant a non-exclusive licence to access and use, during the Facility’s access hours notified by Us from time to time, the Parking Space for the Permitted Use during the Vehicle Storage Period;

(b) We may allocate you a replacement parking spot in accordance with clause 21(b) of the Full Terms;

(c) We are not a bailee of the Vehicle unless We agree to take possession of the key to that Vehicle or to the trailer lock or other locking device for that Vehicle (other than where We agree to hold the key on your behalf for use by or delivery to a third party);

(d) if We are a bailee under clause 3(c) of these Specific Terms:

(1) any such bailment is limited in scope and duration to the period during which We are in actual possession and control of the Vehicle;

(2) we may enter, take control of the Vehicle and move the Vehicle for any purpose connected to the proper operation and management of the Facility;

(3) once the Vehicle is returned to the Parking Space (or a newly allocated parking spot) and We no longer exercise possession or control, the bailment ends and We hold no further responsibility as bailee;

(4) We do not assume any duty to inspect, start, maintain, service, fuel, clean or verify the condition of the Vehicle, or of any of its contents, accessories or attachments, unless otherwise agreed in writing; and

(5) Our obligations as bailee are subject to the terms of these Specific Terms (including your obligation to insure the Vehicle), the nature of the Service, the Vehicle Storage Fees You pay Us, and any access, instruction, or control You retain.

(1) on 14 days’ written notice to You for the purposes of, among other things, relocation;

(2) immediately and without notice (but with a subsequent written notice to You informing You of the event as soon as practicable, unless we are prohibited by law from doing so) in the event that Our taking control of and/or entering and moving the Vehicle is required to give effect to these Specific Terms or any law, or We suspect there has been a breach of these Specific Terms or any law, including but not limited to circumstances where We, acting reasonably, believe that:

(A) Your Vehicle or any of Your or Your Associates’ acts or omissions threaten, or may cause harm or damage, to any person, property or the environment (which may include the Parking Space);

(B) it is a requirement of Our insurance policy or other similar binding requirement;

(C) We must report You and/or Your Associates to a relevant government authority, law enforcement agency and/or emergency services and/or allow access, inspection or seizure of the Vehicle by relevant government authorities in compliance with applicable laws; or

(D) an Unforeseen Event has taken place or is about to take place;

(3) immediately and without notice (but with a subsequent written notice to You informing You of the event as soon as practicable, unless we are prohibited by law from doing so) where:

i. Your Vehicle is causing an obstruction;

ii. You are in Default or cross-default under these Specific Terms, the Full Terms or any other agreement you may have with us; or

iii. there exists any other purpose necessary for the enforcement of these Specific Terms or the proper operation and management of the Facility.

4. Restrictions

You must not:

(a) store any goods other than the Vehicle in the Parking Space; or

(b) register a security interest over Us in respect of the Vehicle under the PPSA.

5. Your obligations

You must:

(a) secure the Vehicle within the Parking Space; and

(b) not allow a third party to store a vehicle or any other goods in the Parking Space.

6. Insurance

You acknowledge that, prior to entering into these Specific Terms, You have liaised with your insurer to ensure your policy type and coverage is sufficient for the Service contemplated by these Specific Terms, and warrant that You will, for the duration of the Vehicle Storage Period:

(a) maintain the following types of insurance policies in respect of the Vehicle:

(1) comprehensive motor vehicle insurance (covering both the Vehicle for no less than its full replacement value and any third party property damage You cause); and

(2) compulsory third party insurance covering anyone who drives the Vehicle (including Our personnel); and

(b) on request, provide Us with certificates of currency in respect of each of the insurance policies specified above.

You acknowledge that We enter into these Specific Terms in reliance on Your complying with Your obligations under this clause 6.

7. Fees

In consideration for Our providing You with the Service, You must pay to Us:

(a) the Vehicle Storage Fee payable in advance (unless otherwise agreed by the parties), by no later than each Scheduled Payment Date specified in the Schedule; and

(b) any other Fees as applicable to the Service.

Failure to pay any applicable fees as specified in this clause will constitute an event of Default and We may take such Default Action as We deem appropriate, in accordance with these Specific Terms.

You agree that, in the event of Your Default under these Specific Terms, clause 13 (Consequences of Default) of the Full Terms will apply (including cross-default), save that:

(a) We may take possession and control of the Vehicle to, at our discretion sell or dispose of the Vehicle (including any goods stored in, or fixed to, the Vehicle). The goods stored in, or fixed to, the Vehicle may be disposed in whole or in part, in any manner We deem fit, where the goods remain unsold after being offered for sale or are unsaleable for any reason (including posing a health and safety risk) or appear of insufficient value to warrant a formal sale process. If We believe it is a health and safety risk to conduct an inventory of the goods, We may dispose them of without undertaking such an inventory. In such circumstances, We will not open any boxes or bags in which the goods are contained and will dispose of all goods unopened;

(b) in addition to the Contractual Lien under sub-clause 13(a)(3) of the Full Terms, We also have (and You grant Us) a general lien over the Vehicle for any Fees owing by You to Us and for the purposes of the PPSA, We are deemed to be in possession of the Vehicle stored in the Parking Space from the date that is 14 days after We provide notice to You of Your Default.

9. Liability and Risk

In addition to and subject to the provisions of clause 12 (Liability and Risk) of the Full Terms applicable to the Vehicle, You:

(a) Acknowledge and agree that:

(1) The Service is a licence only and, except for the period where We assume possession of control of the Vehicle as expressly set out in clause 3(c) of these Specific Terms, We are not a bailee and do not owe any duty of care as bailee in respect of the Vehicle;

(2) You are responsible for securing, insuring, and monitoring the condition of the Vehicle while it is stored in the Parking Space, and for all risk of theft, loss or damage (including accidental damage, vandalism, or environmental damage), except to the extent provided in subclause (b);

(3) the Vehicle is stored at Your risk and We are not responsible for the condition, functionality, or operability of the Vehicle, unless otherwise agreed in writing;

(b) acknowledge and agree that if We become a bailee under clause 3(c) Our liability, in that capacity is limited to taking reasonable care of the Vehicle while it is in Our possession or control, and:

(1) We are not liable for any loss or damage to the Vehicle unless such loss or damage arises directly from Our negligence, wilful misconduct, fraud or criminal conduct while We are in possession or control of the Vehicle.

(2) Our total liability for any such loss or damage (if established) is limited to the lesser of the cost of repair or the market value of the Vehicle at the time of the loss, and in any event no more than $1000, unless otherwise agreed in writing.

Unless the applicable Uncollected Goods Legislation otherwise prescribes on a non-excludable basis, if:

(a) You leave Your Vehicle unattended outside of Your Parking Space at the Facility in breach of the Facility Rules; or

(b) You fail to collect Your Vehicle within 7 days of termination of these Specific Terms;

You agree that your Vehicle will be deemed to have been abandoned (Abandoned Vehicle). You authorise us to dispose of the Abandoned Vehicle as We deem fit (regardless of its nature or value) upon a 7-day written notice without any liability to You and without having any obligation to inspect and/or value the Vehicle (including any goods in, or fixed to, the Vehicle).

11. Power of Attorney

(a) You irrevocably appoint Us and each person who is at the time of exercise a director of Us as Your attorney(s) (Attorneys). Each Attorney appointed under this clause may act individually or collectively. If We request, You agree to formally approve anything an Attorney does under clause 11(b) of these Specific Terms.

(b) If any right to sell or dispose of the Vehicle arises under these Specific Terms in Our favour, an Attorney may:

(1) do anything reasonably required to facilitate the sale or disposal of the Vehicle, such as attending any government departments or executing and filing documents and notices on Your behalf; and

(2) exercise their powers even if this involves a conflict of duty or they have a personal interest in doing so.

I/We acknowledge that the Direct Debit arrangement is governed by the terms and conditions of the Direct Debit Client Service Agreement as detailed below and authorise <Site.name> to alter the amount to be debited in the event of changes to the storage fees, size of storage required, or fees payable as detailed in the standard agreement. I/We authorise <Site.Name> to alter the amount from the appropriate date in accordance with such changes.

Drawing Arrangements: We will advise you in writing of the drawing details for the payment of your storage fees. These details will include the amount, frequency, and commencement date, and where possible, will be issued five business days prior to the first deduction. Where the due date falls on a non-business day, we will draw the amount on the following business day. We reserve the right to cancel the Direct Debit arrangement for your storage fee if three (3) debits are returned unpaid by your financial institution. We will advise you in writing if this occurs. In the event a debit is returned unpaid, we will attempt a redraw on your nominated account within seven (7) days of the rejection. We will keep all information pertaining to your nominated account at the financial institution private and confidential and will not use it for any other purpose other than the direct debit arrangement without your consent.

• You may terminate the Direct Debit arrangement for your storage fees, or you may stop the Direct Debit for an individual fee. This must be in writing and received by us at least 14 days prior to the nominated drawing date.
• You may request a change in the frequency of the deduction by contacting us at least 14 days prior to the nominated drawing date.
• If you consider the debit to be incorrect in either the frequency or amount (or both), you should raise the matter with <Site.name>.

Your Responsibilities:

• To ensure sufficient funds are available in the nominated account.
• To meet the debit on the nominated date.
• To ensure that the authorisation to debit the nominated account is identical to the account signing instruction held by the financial institutions where the account is held.
• To advise us if the account you have nominated to debit the storage fees from is transferred or closed.
• To ensure that suitable arrangements are made if the Direct Debit is cancelled by yourself, by your nominated financial institution, by us due to three (3) returned unpaid debits, or for any other reason.