Conditions of Managed Agreement
a) may store Goods in the Space allocated to the Storer by the Facility Owner (“FO”), and only in that Space;
b) has knowledge of the Goods in the Space;
c) warrants that they are the owner of the Goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.
a) is a bailee of the Goods (which includes all Goods stored in the Space at any given time) and
b) has a general lien over all Goods until the FO receives payment of any sum due to it. If the FO does not receive payment within 6 months after payment is due, the FO may, subject to the PPSA and other terms of this Agreement including Clause 6, sell the Goods by public auction or private treaty, and/or return the Goods to the Storer’s last known address (“Redeliver”), and/or dispose of the Goods.
Fees, Cost and Expenses:
The Storer must upon signing the Agreement pay to the FO.:
a) a) the Deposit (which, when applicable, will be refunded within 30 days of termination of this Agreement) and/or
(b) the Administration Fee.
The Storer is responsible to pay:
a) the Storage Fee being the amount indicated in this Agreement or the amount notified to the Storer by the FO from time to time. The Storage Fee is payable in advance and it is the Storer’s responsibility to make payment directly to the FO on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/direct credit (‘Direct Payment’) will not be credited to Storer’s account unless the Storer identifies the Direct Payment clearly and as directed by the FO. The FO is indemnified from any claim for enforcement of the Agreement, including the sale or disposal of Goods, due to the Storer’s failure to identify a deposit.
b) the Cleaning Fee, as indicated on the front on this Agreement, is payable at the FO’s reasonable discretion.
c) a Late Payment Fee, as indicated on the front of this Agreement, which becomes payable each time a payment is late.
d) any reasonable costs or expenses incurred by the FO in collecting late or unpaid Storage Fees, maintaining the Goods, selling the Goods in enforcement of lien, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, advertising, personnel and/or the default action (including legal costs on client/solicitor basis) costs.
5. The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.
6. Notwithstanding Clause 23, and subject to clause 6 b), 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 six (6) months of the due date, the FO may enter the Space, by force or otherwise, retain the Deposit, redeliver the Goods to the last advised address of the Storer, and/or sell or dispose of any Goods in the Space on such terms that the FO may determine (“Default Action”). For the purposes of the Personal Properties Securities Act 2009, the FO is deemed to be in possession of the Goods from the moment the FO accesses the Space. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The FO may also require payment of Default Action costs, including any costs or Expenses associated with accessing the Storer’s Space, maintaining the Goods, redelivery of the Goods, disposal and/or sale of the Storer’s Goods. In the event that the Storer has more than one Space, default on any Space authorises the FO to take Default Action against all Spaces. Any excess funds will be returned to the Storer within 6 months of the sale of goods. In the event that the Storer cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. In the event that the Storer has more than one Space with the FO, default on either Space authorises the FO to take Default Action against all Spaces.
b) At least 14 days before the FO can take any Default Action the FO will provide the Storer with Notice that the Storer is in Default. The FO will provide the Storer with reasonable time to rectify the Default before any Default Action is taken.
c). If the FO reasonably believes it is a health and safety risk to conduct an inventory of Goods in the Space, subject to the FO providing the Storer with reasonable prior notice to pay outstanding moneys and collect the Goods, the FO may dispose of some or all of the Goods without undertaking an inventory. Further, due to the inherent safety risks in relation to undertaking any sale or disposal of Goods whereby the FO must handle the Storer’s Goods, the FO need not open or empty bags or boxes to undertake an inventory or assess the contents therein. And may elect to instead dispose of all bagged and/or boxed items without opening them.
Right To Dump:
7. If, in the reasonable opinion of the FO a defaulting Storer’s Goods are either not saleable, fail to sell when offered for sale, may pose a health risk to staff or the public if handled, or are not of sufficient value to warrant the expense of attempting to sell, the FO may dispose of all Goods in the Storer’s Space by any means.
8. Further, upon Termination of the Agreement (Clause 23) by either the Storer or the FO, in the event that a Storer fails to remove all Goods from their Space or the Facility the FO is authorised to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods. The FO will give 7 days’ notice of intended disposal.
9. Any items deemed left, in the FO’s reasonable opinion unattended in common areas or outside the Storer’s Space at any time may, at the FO’s reasonable discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.
Access and Conditions
10. The Storer:
a) has the right to access their Goods during Access Hours as posted by the FO and subject to the terms of this Agreement;
b) must not store any Goods that are dangerous, hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;
c) must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art,items of personal sentimental value and/or any items that are worth more than $2000AUD in total unless they are itemised and covered by insurance;
d) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;
e) must not attach nails, screws etc. to any part of the Space, 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 FO’s consent; in the event of uncleanliness of or damage to the Space or Facility the FO 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;
f) will be solely responsible for the securing of the Space and shall so secure the Space at all times when the Storer is not in the Space in a manner reasonably acceptable to the FO, and where applicable will secure the external gates and/or doors of the Facility. 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;
g) cannot assign this Agreement;
h) must give Notice to the FO in writing of the change of address, phone numbers or email of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change;
i) grants the FO entitlement to discuss any default by and any information it holds regarding the Storer with the ACP registered on the front of this Agreement. Further, where the FO reasonably believes that the Storer is unwilling or unable to remove Goods from the Space upon termination or default of the Agreement, despite reasonable notice under these terms, the Facility Owner may allow the ACP to remove the Goods on such terms as agreed between the FO and the ACP without the need for further consent from the Storer.
j) must not apply a padlock to their Space to which the FO does not have a key or the ability to unlock. Any such lock will be forcefully removed at the Storer’s expense;
k) 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.
l) must ensure their Goods are free of food scraps and are not damp when placed into storage.
11. In addition to clause 6, the FO has the right to refuse access to the Space and/or the Facility by the Storer where money is owing by the Storer to the FO, where a formal demand for payment of such money has been made.
12. The FO will not be liable for any loss or damage suffered by the Storer resulting from any inability to access the Facility or the Space.
13. The FO reserves the right to relocate the Storer to another Space under certain circumstances, including but not limited to unforeseen extraordinary events or redevelopment of the Facility.
14. The FO may dispose of the Storer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered Goods, in the reasonable opinion of the FO, severely damaged or dangerous to the Facility, any persons, or other Storers and/or their Goods. The FO does not need the prior approval of the Storer to take this action but will send Notice to the Storer within 7 days of taking this action. Where practicable, the FO will provide the Storer with reasonable Notice and an opportunity to review the Goods before the Goods are disposed of.
15. The Storer acknowledges that it has raised with the FO all queries relevant to its decision to enter this agreement and that the FO 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 FO, been reduced to writing and incorporated into the terms of this Agreement.
16. The Storer is responsible (and must pay) for loss or damage caused by a third party who enters the Space or the Facility at the request, direction, or as facilitated by the Storer (including provision of gate key code or swipe card).
17. No failure or delay by the FO to exercise its rights under this Agreement will operate to waive those rights.
Risk and Responsibility:
18. The FO’s services come with non-excludable guarantees under consumer protection law, including that they will be provided with due care and skill. Otherwise, to the extent permitted by law, 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.
19. Where loss, damage or injury is caused by the Storer, the Storer’s actions or the Storer’s Goods , the Storer agrees to indemnify and keep indemnified the FO from all claims for any loss of or damage to the property of, or personal injury to or death of the Storer the Facility, the FO or third parties resulting from or incidental to the use of the Space by the Storer, including but not limited to the Storage of Goods in the Space, the Goods themselves and/or accessing the Facility.
20. Certain laws may apply to the storage of goods including criminal, bankruptcy, liquidation and others. 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. Such liability and responsibility rests with the Storer, and includes any and all costs resulting from such a breach.
21. If the FO reasonably believes that the Storer is not complying with any relevant laws the FO may take any action the FO believes necessary, including but not limited to the action outlined in clauses 22 and 24, 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, including where in the FO’s reasonable opinion the Storer is engaging in illegal activity in relation to the storage of the Goods. No failure or delay by the FO to exercising its rights under this Agreement will operate to waive those rights.
Inspection and Entry by The FO:
22. The Storer acknowledges that the FO has the right to access the Space and may access the Space for any purpose, including the deposit or retrieval of Goods on the Storer’s specific, general or implied instructions, in the event of emergency, (that is where property, the environment or human life is, in the reasonable opinion of the FO, threatened), to allow inspection or seizure by relevant authorities, for the purpose of general inspection of the Space or the Goods, or any other purpose the FO believes necessary for the enforcement of this Agreement or the operation of the Facility.
23. The Storer agrees that in circumstances where the FO reasonably suspects a breach of the law or damage to the Facility, 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 the Agreement or the law may be relied upon by the FO to take any action authorised under this Agreement, including terminating the Agreement and/or cooperating with law enforcement agencies and other authorities.
24. Notice will usually be given by email or SMS, or otherwise will be left at, or posted to, or faxed to the address of the Storer. In relation to the giving of Notice by the Storer to the FO, Notices must actually be received to be valid. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by the FO if the FO has sent Notice to the last notified address or has sent Notice via any other contact method, including by SMS or email to the Storer or the ACP without any electronic ‘bounce back’ or similar notification.
In the event that 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. Further, the Storer and the FO agree that the FO may but is not obliged to give notice of any proposed sale in enforcement of a lien arising in relation to this Agreement in a newspaper distributed throughout the state and/ or nationally and may include the Storer’s name for this purpose.
25. Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice as indicated on the front of this Agreement. In the event of activities reasonably considered by the FO to be illegal or environmentally harmful activities on the part of the Storer the FO may terminate the Agreement without giving prior Notice. The FO is entitled to retain or charge a portion of the Deposit or storage fees 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 a good state of repair to the satisfaction of the FO on the date specified. In the event that Goods are left in the Space ater the Termination Date, clause 8 will apply. The Storer must pay any outstanding money and any expenses on default or other money owed to the FO up to the date of termination, or Clauses 6, 7 and/or 8 may apply. Any calculation of the outstanding Fees will be by the FO. If the FO enters the Space for any reason and there are no Goods stored therein, the FO may terminate the Agreement without giving prior Notice, but the FO will send Notice to the Storer in writing within 7 days.
26. The Parties’ liability for outstanding money, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
Personal Property Securities:
27. In this clause “PPSA” means the Personal Property Securities Act 2009 and any Regulations as amended from time to time. For the purposes of this Agreement the terms used in clauses 16, 17, 18, 19 and 20 have the same meaning as contained in the PPSA.
28. The FO’s lien over the Goods constitutes a security interest for the purposes of the PPSA and this Agreement is a Security Agreement. The Storer must, at its cost and immediately upon the FO’s request;
do all things reasonably required (including execution of documents) to ensure the FO has a continuously perfected security interest (as defined in the PPSA) created in the Goods pursuant to this Agreement. This includes, but is not limited to:
(i) providing details of any item of collateral sufficient to complete registration of the security interest in accordance with the requirements of the PPSA;
(ii) enabling the FO to apply for registration of or give any notification in relation to the security interest;
(iii) enabling the FO to exercise rights in relation to the security interest;
procure from any person considered by the FO to be relevant to its security position, such agreements and waivers as the FO may at any time require to ensure the FO attains the highest ranking security possible in respect of the security interest;
not claim nor exert any right of possession over the Goods in any manner contrary to the FO’s lien or right to possession of the Goods
29. Where permitted by the PPSA:
the Storer waives any right to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132,(3)(d), 132(4), 135 and 157 of the PPSA.
the FO and Storer agree to contract out of and nothing in the provisions of sections 96, 125, 129, 142 and 143
of the PPSA shall apply to this Agreement.
30. To the extent permitted by the PPSA:
the provisions of Chapter 4 of the PPSA which are for the benefit of the Storer or which place obligations on the FO will apply only to the extent that are mandatory or the FO agrees to their application in writing;
where the FO has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
31. The Storer hereby consents and appoints the FO to be an interested person and the Storer’s authorised representative for the purposes of section 275(9) of the PPSA.
32. The Storer agrees not to register a security interest over the FO.
33. 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 the Agreement.
THIS AGREEMENT IS PROPERTY OF THE SELF STORAGE ASSOCIATION OF AUSTRALASIA, ALL UNAUTHORISED USE WILL BE PROSECUTED