1. DEFINITIONS In this Agreement: “Access Hours” means the access hours described in clause 5.1 or as varied by HCSS from time to time by notice in writing to the Storer; “Alternate Contact Person” means that person whose details are noted in Item 2 of Schedule 1;“Deposit” means the amount mentioned in Item 6 of the Schedule as the Deposit;“Late Payment Fee” means the late payment fees set out in Item 6 of Schedule 1 or as varied by HCSS from time to time;“Monthly Payment Date” means the monthly payment date set out in Item 6 of Schedule 1 or as varied by HCSS from time to time; “Storage Bay” means the space which the Storer has been allocated by HCSS to store the Stored Property;“Storage Facility” means the self storage facility operated by HCSS located at 5 Ditchingham Place, Australind, Western Australia;“Storage Fee” means the Storage Fee and Administrative Fee set out in the Item 6 of Schedule 1 or as varied by HCSS from time to time; “Storage Period” means the storage period set out in Item 5 of Schedule 1; “Stored Property” means the property described in Item 3 of Schedule 1;“Storer” refers to the person (including a corporation) named as the Storer in this Storage Agreement and includes their successors and if there is more than one, it refers to each severally and any two or more jointly; and“Termination Date” means that date on which this Agreement is terminated.
2. STORAGE2.1 The Storage BaySubject to clause 2.2, HCSS gives the Storer permission to store the Stored Property in the Storage Bay during the Storage Period and after the Storage Period, on a month to month basis until terminated by either party in accordance with this Agreement.2.2 Change of the Storage Bay HCSS may at any time change the Storage Bay to a different location within the Storage Facility.
3. RESPONSIBILITY FOR STORED PROPERTY3.1 Responsibility for Stored Property At all times while the Stored Property is in the Storage Facility, the Stored Property remains: (a) in the Storer’s possession and control; and(b) at the Storer’s risk in all respects;and the Storer is deemed to know of its condition both inside and out.3.2 HCSS’s knowledge HCSS does not and shall not be deemed to have knowledge of the contents in the caravan or other items comprising the Stored Property and the Storer acknowledges and agrees that HCSS is not a bailee or warehouseman of the Stored Property nor does HCSS have possession of the Stored Property at any time.
4. PAYMENT4.1 Commencement of Payments The Storer shall upon signing this Agreement pay to HCSS: (a) the Deposit; and (b) the Administration Fee (if applicable).4.2 Storage Fee Payments On or before each Monthly Payment Date (or as otherwise set out in this Storage Agreement) the Storer shall pay HCSS in advance the Storage Fee for storage between that Monthly Payment Date and the next following Monthly Payment Date.4.3 Apportionment of Storage Fees The Storage Fee will be apportioned on a pro-rata daily basis for broken periods.4.4 Methods of Payments(a) Subject to clause 4.5, the Storer may pay amounts payable to HCSS by cash, cheque electronic funds transfer or credit card provided that the method is approved by HCSS.(b) The:(i) address for postal payment by cheque; (ii) account details for electronic funds transfers; and(iii) provision for the Storer to provide credit card details are in Item 7 of Schedule 1.4.5 Credit Card Payment HCSS may refuse to accept any telephone request to effect payment by debit of the Storer’s credit card until a written authorisation from the Storer is received by HCSS.4.6 Identification of PaymentsAny payment made to HCSS will not be credited to the Storer’s account unless the Storer identifies the Storer’s payment clearly and/or as directed by HCSS.4.7 Late Payment Fee If the Storer fails to pay HCSS any amount payable in accordance with this Agreement within 7 days of the amount becoming due and payable or if any payment is dishonoured or cancelled, the Storer shall pay HCSS upon demand the Late Payment Fee and any other fee incurred by HCSS.4.8 Change in Fees HCSS may, at any time after the fixed agreed Storage Period expires, increase the Storage Fee, Late Payment Fee or any other fee by giving the Storer 14 days prior notice.4.9 Part Payment Acceptance by HCSS of any part of the total amount owing by the Storer will not be taken to affect the Storer’s obligation to pay the balance of the amount.4.10 DepositUpon termination of this Agreement HCSS shall pay to the Storer the Deposit less any money HCSS has or is entitled to deduct from the Deposit in accordance with the other provisions of this Agreement.
5. ACCESS5.1 Access Hours Subject to clauses 5.3 and 5.4, the Storer may access the Stored Property as follows :(a) the Storer is not permitted to be in the Storage Facility at any time between 10.00 p.m. at night and 5.30 a.m. the following day for any reason whatsoever.(b) the Storer is not permitted to be in control of the movement of the Stored Property in any part of the Storage Facility except for moving the Stored Property :(i) from the street entrance of the Storage Facility to the designated Delivery Bay therefor; or(ii) from the designated Collection Bay therefor to the street exit of the Storage Facility; and all other movements of Stored Property within the Storage Facility must be conducted by HCSS personnel; and(c) the Storer must provide to HCSS personnel by telephone call to the HCSS telephone number in Item 8 of Schedule 1 at least 24 hours’ prior notice of a time between the hours of 5.30 a.m. and 10.00 p.m. 7 days a week that the Storer wants to attend at the Storage Facility to collect or deliver the Stored Property. HCSS shall use its best endeavours to agree to the collection or delivery time requested by the Storer. The Storer agrees that HCSS may need to fix a collection or delivery time with the Storer which is close to but not exactly the time requested by the Storer.5.2 Emergency Access The Storer may only access the Stored Property outside the Access Hours with HCSS’s consent which may be given or withheld at HCSS’s sole discretion and on condition as to cost of access as required by HCSS.5.3 Refusal of Access HCSS may refuse the Storer or any other person access to the Storage Facility (including after this Agreement has been terminated for any reason) if: (a) the Storer has not complied with any of the Storer’s obligations under this Agreement; or(b) the Storer or any other person does not produce identification and/or evidence satisfactory to HCSS to show that the Storer or any other person is entitled to access.5.4 Obligations During Refusal of Access The Storer’s obligations under this Agreement (including payment of the Storage Fee to HCSS) continue notwithstanding the Storer has been refused access to the Storage Facility and/or the Storage Bay in accordance with clause 5.3. 5.5 Access by HCSS HCSS may: (a) access the Stored Property at any time for periodic inspection or emergency purposes;(b) if at any time, HCSS believes the Stored Property or any act or omission by the Storer in connection with the Stored Property may cause harm to any person, property or the environment, immediately take any action considered by HCSS to be necessary to access or inspect the Stored Property.5.6 Access by Unauthorised Persons HCSS is not responsible for any unauthorised entry by any person to the Storage Facility.5.7 Alarm Fee If the Storer or someone else authorised by the Storer triggers an alarm because of access not authorised by HCSS then the Storer will be liable to pay to HCSS on demand any costs incurred by HCSS as a result of the alarm being triggered including security company call outs.
6. THE STORER’S OBLIGATIONS6.1 Use of the Storage Bay The Storer shall use the Storage Facility solely for the purpose of storage and shall not carry on any other business or other activity therefrom nor under any circumstances occupy the Stored Property. 6.2 Securing the Storage Bay The Storer is solely responsible for securing the Stored Property and shall do so in a manner reasonably satisfactory to HCSS, and where applicable the Storer shall ensure that the Storer complies with all directions of HCSS concerning external gates or doors of the Storage Facility.6.3 Prohibited Stored Property The Stored Property shall not include any thing which is hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or which in the reasonable opinion of HCSS may cause harm to any person, property or the environment.6.4 Stored Property Outside the Storage Bay The Storer shall not leave any items outside of the Stored Property and if the Storer does so the items may at HCSS’s discretion be treated as Abandoned Stored Property in accordance with clause 9.2. 6.5 Repair The Storer shall immediately notify HCSS of any damage the Storer or any person authorised by the Storer causes to the Storage Facility or any of its contents which do not belong to the Storer. 6.6 Insurance (a) Unless HCSS otherwise agrees, the Storer shall keep the Stored Property in the Storage Bay insured on terms reasonably satisfactory to HCSS and provide evidence of the insurance to HCSS whenever requested by HCSS.(b) The Storer agrees to indemnify HCSS in respect any right of subrogation the Storer’s insurer may otherwise have in relation to insurance of the Stored Property.6.7 Nuisance The Storer shall not cause any inconvenience or nuisance to any other person using the Storage Facility.6.8 Compliance with Laws The Storer shall, at its own cost, comply with all laws applying to the Stored Property or the storage of the Stored Property in, or use of, the Storage Bay.6.9 Change in Details The Storer shall immediately notify HCSS of any change in the Storer’s contact details or those of the Alternate Contact Person.6.10 Contact The Storer grants HCSS the right to discuss any default under this Agreement with the Alternate Contact Person.
7. RELEASE AND INDEMNITYThe Storer agrees to (and continues to agree to despite termination of this Agreement for any reason): (a) release HCSS from; and(b) indemnify HCSS against,any costs, expenses, damages, claims, action or liability whatsoever (whether in contract, tort, under statute or otherwise), arising from or in connection with, (i) loss of or damage to the Stored Property, however caused;(ii) damage to the Stored Property resulting from HCSS accessing the Stored Property in accordance with this Agreement;(iii) HCSS either refusing the Storer access to the Storage Facility and/or the Storage Bay or terminating this Agreement in accordance with this Agreement; or(iv) loss of or damage to any property (including HCSS’s property and property belonging to third parties) or death of or injury to any person caused or contributed to by: (1) the Stored Property; or(2) the Storer or any person accessing the Storage Facility or the Storage Bay with the Storer’s authority or consent.
8. TERMINATION8.1 Termination by Notice The Storer or HCSS may terminate any rights of the Storer to use the Storage Facility and this Agreement at any time after the fixed agreed Storage Period by giving not less than 30 days notice to the other. If the Storer fails to give 30 days notice of termination to HCSS HCSS will be entitled to retain on a pro-rata basis part or all of any Deposit, or any Storage Fee paid in advance in lieu of such notice.8.2 Termination on Default If the Storer fails to comply with any of the Storer’s obligations under this Agreement and after HCSS gives the Storer 30 days notice requiring the Storer to comply with its obligations under this Agreement, HCSS may immediately terminate this Agreement by notice to the Storer, and may, without further notice, enter the Storage Bay, retain the Deposit and take possession of and deal with the Stored Property as Abandoned Stored Property in accordance with clause 9.2.8.3 The Storer’s Obligations on Termination On termination of this Agreement, the Storer shall immediately: (a) pay to HCSS any amounts which the Storer owes to HCSS; and(b) attend the Storage Facility to collect the Stored Property. 8.4 Damage or Destruction If the Storage Facility or any part of it is destroyed or damaged from any cause other than by the Storer’s act or default so as to render the Storage Bay unfit for storage of the Stored Property, HCSS or the Storer may at any time give notice in writing terminating this Agreement and thereupon this Agreement will be deemed to have terminated at the date of the destruction or damage.
9. ABANDONED STORED PROPERTY9.1 Abandonment of Stored Property If at any time the Storer fails to: (a) pay HCSS any amount due and owing to it by the Storer; or(b) attend the Storage Facility to collect the Stored Property from the Storage Bay or the Storage Facility when required under this Agreement, within 30 days after HCSS gives the Storer notice requiring the Storer to remedy that failure, the Stored Property will be taken to be “Abandoned Stored Property” for the purposes of this clause 9.9.2 Dealing with Abandoned Stored Property The Storer acknowledges that: (a) HCSS may at its absolute discretion arrange for; (i) the disposal of;(ii) alternative storage of; or(iii) the sale of, any of the Abandoned Stored Property, on such terms as HCSS (in its absolute discretion) decides.(b) the Storer shall indemnify HCSS for all costs, expenses, damages, claims, action or liability whatever arising from or in connection with HCSS exercising its rights under paragraph 9.2(a); and(c) HCSS shall pay the Storer the amount received by it from the sale of the Abandoned Stored Property less any amounts the Storer owes HCSS (including without limitation any Late Payment Fees or other fees) within 30 days after HCSS receives the amount.9.3 Personal Properties Securities Act 2009 For the purpose of the Personal Properties Securities Act 2009 only HCSS is deemed to be in possession of the Stored Property from the moment HCSS accesses the Storage Bay pursuant to this clause 9.
10. NOTICES10.1 Service of Notices (a) Notices required under this Agreement shall be given in writing and left at, or emailed to, or posted to the address of the addressee. (b) In the event of not being able to contact the Storer, notice is deemed to have been given to the Storer by HCSS if HCSS serves that notice on the Alternate Contact Person as identified on the front of this Agreement, or has sent notices to the last notified address of the Storer or Alternate Contact Person. (c) 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.
11. GENERAL PROVISIONS11.1 Assignment The Storer shall not assign, sub-licence or otherwise deal with the Storer’s rights or obligations under this Agreement without the prior written consent of HCSS which HCSS is not obliged to give.11.2 Applicable Law The laws of the State of Western Australia apply to this Agreement.11.3 Variations Any variation of this Agreement is only effective if it is in writing and signed by all parties. No oral statement or representation made by HCSS or its agents will form part of this Agreement.11.4 Waivers A party will not be taken to have waived a right or obligation under or in connection with this Agreement unless the party expressly does so in writing. A waiver of any right or obligation at any time will not be taken as a waiver of the right or obligation when it arises at any other time.11.5 Duty and GST The Storer shall on demand pay and indemnify HCSS for any duty, Stored Property and Services Tax or other tax or liability imposed in connection with this Agreement or any supply under it.11.6 Severance 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 of terms of this Agreement.11.7 Continuing Liability The Storer’s 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.11.8 Entire Agreement This Agreement constitutes the entire agreement between the Storer and HCSS. Any prior arrangements, agreements, representations or undertakings are superseded.11.9 Cost The Storer is responsible to pay to HCSS any costs incurred by HCSS in enforcing this Agreement in any way and any costs incurred by HCSS having to perform the Storer’s obligations under this Agreement.
