Storage Terms and Conditions

1. INTERPRETATION in these conditions:

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“Agreement” means this storage agreement, including any page containing storer details, payment details, schedules, and other document or items it specifies form part of it;

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“AutoPay” means the automatic, recurring payment of The Storer’s Storage Fees which the Facility Owner will charge The Storer’s nominated debit or credit card on The Storer’s Monthly Payment Date.

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“Direct Debit” means an automatic, recurring payment of The Storer’s Storage Fees which the Facility Owner will charge The Storer’s nominated bank account on The Storer’s Monthly Payment Date.

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“Minimum Storage Period” means one month. 

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“Monthly Payment Date” means the monthly anniversary of this Agreement;

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“One Off Move in Fee” means a fee to cover the administrative cost incurred by the Facility Owner facilitating The Storer first signing-up and moving into The Storer’s Space; 

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“Facility Owner” means Easy Estate Clearance & Storage (ABN 65 095 053 179) and its successors and assigns;

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“Other Fee” means any of the fees specified as other fees in this Agreement or any other fees that the Facility Owner determines it needs to impose to recover operational costs (both internal and external) and that are advised to The Storer in writing;

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“Premises” means the premises owned or controlled by the Facility Owner, including the land, buildings and any other structure on the land, at which The Storer’s Goods are located;

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“Processing Fee” means a fee to cover administrative and other costs incurred by the Facility Owner in processing a return direct debit or credit/debit card payment or a notice pursuant to a right under this Agreement; 

“Storage Fees” means the Storage Fees set out in this Agreement;

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“Terms of Use for the Facility Owner’s Online Systems” means the terms and conditions for using the Facility Owner’s website, technology and other online systems.

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“Storer” refers to the person (including a corporation or other entity such as a trust or trustee) named as the Storer in the Agreement and their successors and assigns; and if there is more than one, it refers to each severally and any two or more jointly;

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“Goods” means any item or thing which the Storer brings onto the Premises or which is kept in the Storer’s Space;

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“Space” means the storage unit(s) or other area(s) assigned to the Storer as described in the Agreement.

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2. STORAGE

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2.1 (The Space) Subject to clause 2.2, the Facility Owner gives The Storer a licence to store their Goods in the Space, in accordance with this Agreement, during the agreed Storage Period until terminated by either party in accordance with this Agreement or any further period agreed to in writing by the parties (“Storage Period”).

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2.2 (Change of The Space) Events or operational circumstances may occur leading the Facility Owner to conclude that it is necessary to have The Storer move to a new space. If the Facility Owner believes this is the case, the Facility Owner may, at any time relocate The Storer’s Goods to another Space by giving notice to The Storer, but: (a) The Facility Owner must if possible relocate the Storer to a space with a similar area; and (b) The Facility Owner must at its own cost relocate (or, if the Facility Owner at its discretion agrees, pay the costs to relocate) The Storer’s Goods to the new space.

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2.3 (Emergencies) Emergencies may occur during the course of The Storer storing with the Facility Owner. As such, it may be necessary for the Facility Owner to take certain actions to respond to the emergency which may include opening and/or moving The Storer’s Goods and/or The Storer’s Space. If it does so in the event of an emergency, the Facility Owner may determine it needs to be done without notice to the Storer. The Storer will be advised of any emergency action taken.

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2.4 (Re-develop the Premises) The Facility Owner or owner of the Premises may determine as part of the business of operating or owning the Premises, that it wishes to re-develop the Premises. This may result in the need to move out or relocate The Storer’s Space whilst this occurs. If this decision is made the Facility Owner may require The Storer to move out or relocate the Storer’s Space (and must if possible relocate The Storer to a similar Space at the Premises or an alternate Premises operated by the Facility Owner) or if the Premises is not to be used for storage any longer or the redevelopment will take longer than 6 months, terminate this Agreement on 1 months’ notice. The Storer acknowledges that the actions that the Facility Owner may take pursuant to this clause 2 are reasonable as part of the operation of a storage business and agree to the Facility Owner being able to exercise these rights.

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2.5 (Space sizes are approximate) and spaces may be smaller or larger than advertised. Spaces are not licenced by the square metre and Storage Fees are not based on the square metre measurements. The Facility Owner can provide information on space sizes to assist The Storer, but ultimately, The Storer is responsible for determining whether the Space is appropriate and suitable for storing their Goods, having specific consideration for the size, nature and condition of the Space and The Storer’s Goods.

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3. RISK and RESPONSIBILITY FOR THE STORER’S GOODS

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3.1 (Responsibility for Goods) At all times (including while The Storer’s Goods are in The Storer’s Space) The Storer’s Goods are: (a) in The Storer’s (and not The Facility Owner’s) possession and control and the Storer is responsible for them. The Facility Owner is merely providing a space for the Storer to store The Storer’s Goods that is capable of being secured by The Storer; (b) within The Storer’s (and not the Facility Owner’s) knowledge. Whilst the Facility Owner has rights under this Agreement to access and inspect The Storer Space or deal with The Storer’s Goods in certain circumstances, it otherwise never inventories The Storer’s Goods and doesn’t know what The Storer is storing; (c) at The Storer’s risk. Unless the Facility Owner exercises a right under this Agreement, the use of The Storer’s Space, storage of The Storer’s Goods and securing of The Storer’s Space is The Storer’s responsibility and as such the risk relating to them is The Storer’s alone. The Storer acknowledges and accepts that the provisions of this clause 3.1 are fair and reasonable given The Storer’s possession and control over The Storer’s Goods.

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3.2 (Facility Owner’s Knowledge and no Bailment) As The Storer has possession of and control over The Storer’s Goods and The Storer is responsible for securing The Storer’s Space, The Storer acknowledges and agrees that the Facility Owner is not a bailee or warehouseman of The Storer’s Goods nor does the Facility Owner have possession of The Storer’s Goods at any time. The Storer also warrants that The Storer is either the owner of or control the goods, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

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4. PAYMENT

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4.1 (Commencement of Payments) The Storer agrees to pay the Facility Owner the first payment of the monthly Storage Fee or the Storage Fee for the Storage Period in full as agreed in this Agreement, One Off Move in Fee and the first Monthly Admin Fee (if applicable) at the time of signing this Agreement.

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4.2 (Storage Fee Payments) On or before each Monthly Payment Date (or as otherwise agreed in writing) The Storer agrees to pay the Facility Owner in advance the Storage Fee for storage between that Monthly Payment Date and the next following Monthly Payment Date, together with any Other Fee that may be applicable pursuant to this Agreement. If this Agreement is terminated (and The Storer is not in default) any amount refundable to The Storer will be paid in accordance with clause 8.5.

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4.3 (Methods of Payments) Subject to clause 4.4, The Storer must pay amounts payable to the Facility Owner by AutoPay, Direct Debit or Direct Deposit. The Storer acknowledges and agrees that AutoPay or Direct Debit payment methods are subject to the AutoPay Agreement and Direct Debit Services Agreement, and all payment methods are subject to this Agreement.

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4.4 (Payment indemnity) The Storer acknowledges and agrees that The Storer is responsible for providing the Facility Owner with the correct AutoPay or Direct Debit details and The Storer indemnifies the Facility Owner from any claim for enforcement of this Agreement, including the sale or disposal of The Storer’s Goods, that arises due to The Storer’s failure to correctly provide the Facility Owner with The Storer’s AutoPay or Direct Debit payment details.

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4.5 (Processing Fee) If The Storer fails to pay the Facility Owner any amount when it is due under this Agreement or if any payment is dishonoured or cancelled, The Storer acknowledges that the Facility Owner incurs administrative and other expenses (both internal and external) as a result of the Storer’s noncompliance with the Storer’s obligations. These costs need to be recovered by the Facility Owner as part of operating its business. The Storer agrees to pay the Facility Owner (when The Storer pays the overdue amount) the Processing Fee and any Other Fee that may apply pursuant to the terms of this Agreement applying to the period between the due date for payment and the date The Storer actually pays, together with any associated telephone, postage and other costs related to collection of these amounts. The Storer acknowledges that the actions that the Facility Owner may take pursuant to this clause 4.6 are reasonable as part of the operation of a storage business and agree to the Facility Owner being able to exercise these rights.

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4.6 (Change in Fees) Over time various factors (such as inflation) affect the profitability of a business. In order for the Facility Owner to be able to continue to operate the business at a profitability level acceptable to the Facility Owner, it may be necessary to increase some or all of its fees
at various times after the first month of storage. The Facility Owner may increase the Storage Fee, Processing Fee or Other Fee by giving The Storer 28 days’ prior notice. The Storer acknowledges and agrees that it is reasonable for the Facility Owner to make any such increases as part of the ordinary operation of its business.

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4.7 (Part Payment) If The Storer only pays part of an amount that The Storer owes the Facility Owner, it does not affect The Storer’s obligation to pay the balance of the amount to the Facility Owner. Acceptance of a part payment will also not be a waiver of any kind of any other right the Facility Owner may have under this Agreement.

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5. ACCESS

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5.1 (Access Hours) Subject to clauses 5 .2 and 5.3, The Storer may access The Storer’s Space by appointment with the Facility Owner within the access hours of the Premises (which can be found at the Premises or on the Facility Owner’s website) or as otherwise notified by the Facility Owner from time to time (“Access Hours”). It is necessary for the Facility Owner to be able to determine when the Premises will and will not be accessible by customers for various reasons including security, costs, safety and other business reasons. As such, The Storer acknowledges and agrees that the Facility Owner may change the access hours at its discretion and that it is reasonable for it to do so as part of its operation of the Premises.

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5.2 (Emergency Access) The Storer may only access The Storer’s Space outside the Access Hours with the Facility Owner’s consent which may be given or withheld at the Facility Owner’s sole discretion.

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5.3 (Refusal of Access) The Facility Owner may (without being obliged to do so) refuse The Storer or any other person access to the Premises or The Storer’s Space (including after this Agreement has been terminated) 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 do not produce identification and/or evidence satisfactory to the Facility Owner to show The Storer or the other person are entitled to access. Once any issue contemplated by this clause is remedied, The Storer will be granted access again subject to the Facility Owner’s Access Hours.

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5.4 (Obligations During Refusal of Access) If The Storer has been refused access to The Storer’s Space due to The Storer’s default under this Agreement, The Storer’s obligations under this Agreement (including payment of the Storage Fees to the Facility Owner) continue until termination of this Agreement (note this is subject to clause 11.7 relating to continuing obligations), even though The Storer may not have access to the Premises or The Storer’s Space, for all or part of the Storage Period. This is because the Facility Owner cannot otherwise licence The Storer’s Space whilst The Storer’s Goods are still in it or The Storer still has possession of It during any period where the Facility Owner may be providing The Storer with the opportunity to remedy the default.

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5.5 (Access by the Facility Owner) The Facility Owner may (without being obliged to do so): access or inspect The Storer’s Space and/or The Storer’s Goods (a) on reasonable notice for maintenance purposes or for inspection purposes on 14 days’ notice; (b) at any time for emergency purposes; (c) if at any time, the Facility Owner believes The Storer’s Goods or any act or omission by The Storer in connection with The Storer’s Space may cause harm to any person, property or the environment and in this event if it considers it necessary, the Facility Owner may immediately (and without notice to The Storer) take any action considered by the Facility Owner to be necessary to access, inspect or service The Storer’s Space or inspect The Storer’s Goods and, if necessary, to avoid the potential harm the Facility Owner may remove and dispose of The Storer’s Goods and the cost of the Facility Owner in so doing will be reimbursed by The Storer to the Facility Owner on demand by the Facility Owner. The Facility Owner may access The Storer’s Space by force or otherwise for the purposes of 5.5(b) or (c). If The Storer’s access is interrupted pursuant to this clause, it will be restored if it can be and as soon as possible.

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5.6 (Facility Owner May View The Storer’s Space with Camera) The Storer agrees that in circumstances where the Facility Owner reasonably suspects a breach of the law or potential for damage to the Premises or other customers goods, the Facility Owner may at its discretion and without notice to The Storer either open The Storer’s Space or may use a microprobe, CCTV camera or other viewing device 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 Facility Owner to take any action authorised under this Agreement, including terminating this Agreement and/or cooperating with law enforcement agencies and other authorities without notice to The Storer.

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5.7 (Access by Unauthorised Persons) The Storer agrees that it is The Storer’s responsibility to secure The Storer’s Space and the Facility Owner provides The Storer with a Space that is capable of being so secured. Whilst the Facility Owner has installed various security measures in the Premises for the security of the overall area, the Facility Owner is not guaranteeing the Premises as a secure facility. The Storer understands and accepts The Storer is storing their Goods at the Premises at The Storer’s sole risk and that it is The Storer’s responsibility to secure The Storer’s Space. As such, the Facility Owner is not responsible for any unauthorised entry by any person to the Premises or The Storer’s Space.

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5.8 (Alarm Fee) If The Storer or someone gaining access as authorised by The Storer trigger an alarm then the Storer will incur a fee to cover the Facility Owner’s costs associated with dealing with an alarm.

5.9 (Reasonableness) The Storer acknowledges that the actions that the Facility Owner may take pursuant to this clause 5 are reasonable as part of the operation of a storage business and in particular to allow the Facility Owner to take the steps necessary in the circumstances contemplated by clause 5 and The Storer agrees to the Facility Owner being able to exercise these rights.

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6. THE STORER’S OBLIGATIONS

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6.1 (Use of The Storer’s Space) The Storer must only use The Storer’s Space for storage and no other business or activity.

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6.2 (Securing The Storer’s Space) The storer is solely responsible for securing The Storer’s Space and must do so in a manner reasonably satisfactory to the Facility Owner, and where applicable The Storer must ensure The Storer comply with any other security policies or procedures for the Premises. The Storer agrees not to place a padlock or other locking device to the Storer’s Space in the Facility Owner’s overlock position.

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6.3 (Prohibited Goods) To prevent harm or damage, The Storer’s Goods must not include any item listed in the prohibited goods list displayed by the Facility Owner from time to time on its website or at the Premises, including but not limited to explosives, flammable materials, corrosive materials, radioactive materials, biological materials, human remains, or any animal or any thing which is hazardous, illegal, stolen, flammable (excluding alcoholic beverages), explosive, dangerous, environmentally harmful, perishable or which in the reasonable opinion of the Facility Owner may cause harm to any person, property or the environment. The Storer must ensure The Storer’s Goods are free of food scraps (or other perishable substances) and are not damp when placed into storage.

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6.4 (Irreplaceable Goods or Goods Totalling more than $1000) The Storer must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, rugs, curios, works of art and items of personal sentimental value or items worth more than $1,000 in total unless they are insured .

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6.5 (Cleaning and Maintenance) The Storer must clean and maintain The Storer’s Space in good condition, order and repair (fair wear and tear excepted). If the Storer fails to do this the Facility Owner may do so at The Storer’s cost after it has issued The Storer with a notice to rectify and The Storer has failed to do so within the specified timeframe.

6.6 (Alterations) The Storer must not carry out any alterations to or mark, paint, nail, drill, alter or damage or attach any structure to any part of The Storer’s Space without the prior written consent of the Facility Owner.

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6.7 (Repair and Responsibility for Invitees) The Storer must immediately notify the Facility Owner of any damage The Storer or any person authorised by The Storer (including at the Storer’s request, direction, or as facilitated by The Storer, including by the provision of key, gate key code or swipe cards) cause to the Premises or The Storer’s Space and The Storer is responsible for such damage and must reimburse the Facility Owner on demand for the cost to the Facility Owner of making good the damage. The Storer acknowledges that The Storer licenced The Storer’s Space at the Premises run/owned by the Facility Owner and that it is reasonable for the Storer to be accountable for persons The Storer brings onto, or authorises to enter, the Premises on The Storer’s behalf.

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6.8 (Insurance of The Storer’s Goods) Unless the Facility Owner otherwise agrees, The Storer must keep The Storer’s Goods in The Storer’s Space insured on terms reasonably satisfactory to the Facility Owner and provide evidence of the insurance to the Facility Owner whenever requested by the Facility Owner. The Storer agree to waive any right of subrogation The Storer may otherwise have in relation to insurance of The Storer’s Goods.

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6.9 (Nuisance) The Storer must not cause any inconvenience or nuisance to any other person using the Premises. This includes taking reasonable steps to ensure that no noxious substance or substance that may cause harm is stored in or escapes from The Storer’s Space to the surrounding area including any other storers’ space.

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6.10 (Compliance with Laws) The Storer must, at the Storer’s cost, comply with all laws applying to The Storer’s Goods or the storage of The Storer’s Goods in The Storer’s Space, or the use of The Storer’s Space. This includes laws relating to the material which is stored, the manner in which it is stored, and its disposal upon Default. Such liability and responsibility rests with the Storer and includes any and all costs resulting from such a breach.

 

6.11 (Change in Details) The Storer must immediately update The Storer’s contact details or those of any Emergency Contact Person in The Storer’s account portal on the Facility Owner’s website  or by notifying the Facility Owner in writing. The Storer acknowledges that this is important as it is necessary for the Facility Owner to have current contact details for the purposes of numerous parts of this Agreement.

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6.12 (Communication and Dealing with Emergency Contact Person) If the Storer provides the details of an Emergency Contact Person to the Facility Owner, the Storer grants the Facility Owner the right to discuss The Storer’s Space with the Emergency Contact Person in case of an emergency or for the purpose of exercising the Facility Owner’s rights under this Agreement including but not limited to clause 9. Further, where the Facility Owner reasonably believes that The Storer is unwilling or unable to remove The Storer’s Goods from the Space upon termination or in the course of the Facility Owner exercising its rights relating to default of the Agreement by The Storer, despite reasonable notice under these terms, the Facility Owner may allow and The Storer acknowledges and agrees that it is reasonable for the Emergency Contact Person to remove The Storer’s Goods on such terms as agreed between the Facility Owner and the Emergency Contact Person without the need for further consent from The Storer. The Facility Owner will cease dealing with the Emergency Contact Person pursuant to this clause immediately upon The Storer remedying the default and/or on The Storer’s removal of The Storer’s Goods. The Storer acknowledges and accepts that this clause is necessary to deal with the situations contemplated by it and to provide the Facility Owner the ability to otherwise operate and administer its Premises.

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7. LIABILITY, RELEASE AND INDEMNITY

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7.1 (The Storer Release and Indemnify the Facility Owner) The Storer (for all time and despite any earlier termination of this Agreement): (a) release the Facility Owner (and its employees, contractors and agents) from; and (b) indemnify the Facility Owner (and its employees, contractors and agents) against, any costs, expenses, loss, damages, claims, action or liability, to the extent it is arising (including whether in contract, tort under statute or otherwise) from or in connection with, (i) loss of or damage to The Storer’s Goods; (ii) damage to any device used by The Storer to secure The Storer’s Space resulting from the Facility Owner accessing The Storer’s Space in accordance with this Agreement; (iii) The Facility Owner either refusing The Storer access to the Premises and The Storer’s Space or terminating this Agreement in accordance with this Agreement; or (iv) loss of or damage to any property (including the Facility Owner’s property) or death of or injury to any person caused or contributed to by: (a) The Storer’s Goods; (b) The Storer or any person accessing the Premises or The Storer’s Space with The Storer’s authority or consent; (c) The Storer’s use of The Storer’s Space by The Storer or any other person authorised by The Storer; (d) The Facility Owner or any of its contractors, agents, or employees in exercising any other right or power pursuant to this Agreement.

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7.2 (Liability) To the extent that the Storer’s actions or omissions in relation to The Storer’s use of the Space or The Storer’s failure to comply with this Agreement cause any damage, expense, loss, liability (“Loss”) to the Facility Owner or any other party, the Storer agrees and acknowledges that The Storer is liable for such Loss and that the Facility Owner may recover such Loss incurred by it from The Storer.

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7.3 (Assistance to Regulators, Agencies or Court Order) The Storer acknowledges that the Facility Owner may from time to time be required by the operation of law (including the common law, statute or the rules of a securities exchange), or court order to discuss, assist an investigation or action, or provide information relating to The Storer or The Storer’s use of The Storer’s Space or The Storer’s Goods (this may include the provision of copies of or lists of items The Storer has in The Storer’s Space, this Agreement or other documents or records relating to The Storer’s Space, The Storer’s Goods or use of The Storer’s Space and any other matters contemplated by this sub-clause) to a regulator, statutory agency, court, government department or other entity duly authorised by law to make such a request. The Storer further acknowledges and agrees that any such assistance that the Facility Owner provides pursuant to this clause is reasonable and that the Facility Owner may provide such assistance and is released and indemnified by The Storer for any liability, expense, claim or loss incurred by The Storer or any other person, that may arise as a result of the provision of such assistance.

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8. TERMINATION

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8.1 (Termination by Notice) Either The Storer or the Facility Owner may terminate this Agreement at any time after the Minimum Storage Period by giving not less than 7 days’ written notice to the other. If the Storer fails to give 7 days’ written notice of termination to the Facility Owner this shall constitute a default.

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8.2 (Termination on Default) If The Storer fails to comply with any of The Storer’s obligations under this Agreement after the Facility Owner gives The Storer not less than 7 days’ notice requiring The Storer to comply, the Facility Owner may immediately terminate this Agreement by notice to The Storer, and may, without further notice, enter The Storer’s Space and take possession of and deal with The Storer’s Goods as Abandoned Goods under clause 9.2. The Storer acknowledges and agrees that it is reasonable for the Facility Owner to take the steps set out in this sub-clause as part of the operation of a storage Premises and The Storer agrees to the Facility Owner being able to exercise these rights.

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8.3 (Summary Termination) In the event that any of The Storer’s activities or The Storer’s use of The Storer’s Space, is considered by the Facility Owner to be illegal or environmentally harmful, threatening, offensive or otherwise harmful to other persons or living things or property, the Facility Owner may terminate the Agreement without Notice. This will constitute a default under this Agreement.

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8.4 (The Storer’s Obligation on Termination) On termination of this Agreement, The Storer must immediately: (a) (Pay all Fees) pay to the Facility Owner any amounts which The Storer owes to the Facility Owner and if the Facility Owner terminates this Agreement because of The Storer’s default, also the amount of 2 weeks Storage Fees payable under this Agreement (this amount represents an agreed amount between The Storer and the Facility Owner to recompense the Facility Owner for income it is unable to earn for a period, due to The Storer’s default, by licencing The Storer’s Space to another person and The Storer acknowledges that it is fair and reasonable); (b) (Removal of Goods) remove The Storer’s Goods from The Storer’s Space; and (c) (Restoring The Storer’s Space) clean and remove all rubbish from and make good any damage caused by The Storer or The Storer’s Goods to The Storer’s Space. If the Storer fails to do this the Facility Owner may do so at The Storer’s cost.

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8.5 (Refund of Advance Payments) Upon The Storer’s request, following termination the Facility Owner shall refund to The Storer within a reasonable period of time, the amount of any Storage Fees or insurance premiums paid by The Storer in advance for future whole months not yet expired, less any other amounts the Facility Owner is entitled to claim from The Storer.

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8.6 (Damage or Destruction) If The Storer’s Space is destroyed or damaged from any cause other than by The Storer’s act or default so as to render The Storer’s Space unfit for storage of The Storer’s Goods, the Facility Owner or The Storer may at any time give notice in writing terminating this Agreement and thereupon this Agreement shall be deemed to have terminated at the date of the destruction or damage.

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9. ABANDONED GOODS

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9.1 (Abandonment of Goods) If at any time The Storer fails to: (a) pay the Facility Owner any amount due and owing to it by The Storer; or (b) remove The Storer’s Goods when required under this Agreement, and The Storer does not rectify by either (a) or (b) within 7 days after the Facility Owner gives The Storer written notice requiring the Storer to remedy that failure, The Storer’s Goods will be taken to be “Abandoned Goods” for the purposes of this clause 9. In the event that The Storer has more than one Space with the Facility Owner, default on either space authorises the Facility Owner to take default action against all of The Storer’s Spaces.

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9.2 (Dealing with Abandoned Goods) In the event that The Storer’s Goods become, by operation of the provisions of this Agreement, Abandoned Goods for the purposes of this Agreement, The Storer acknowledges that it is not reasonable for The Storer’s Goods to remain in The Storer’s Space and that the Facility Owner will by necessity need to deal with them. Accordingly, The Storer agrees: (a) The Facility Owner may without being obliged to do so arrange; (i) the disposal of (which may include the dumping of); (ii) alternative storage of; or (iii) the sale of, any or all of The Storer’s Abandoned Goods, on such terms as the Facility Owner decides are reasonable; (b) The Storer acknowledges that the Facility Owner will incur costs (both internal and external) in having to deal with the Abandoned Goods and that it is fair for The Storer to and The Storer agree to pay the costs of and indemnify the Facility Owner for all costs, expenses, damages, claims, action or liability whatever arising from or in connection with the Facility Owner exercising its rights under paragraph (a).

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9.3 (Grant of Lien Over Goods) The Facility Owner claims and The Storer grants a contractual lien over The Storer’s Goods in the event any moneys are owing under the Agreement. For the purposes of the Personal Property Securities Act 2009, the Facility Owner is deemed to be in possession of the goods from the moment the Facility Owner accesses the Space. The Storer consents to and authorises the sale or disposal of all goods regardless of their nature or value.

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10. NOTICES

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10.1 (Service of Notices) Where the Storer has consented to receiving notice by email, all notices required under this Agreement will be emailed to the Storer. Alternatively, notice will usually be given in writing and emailed to, SMS’d to, or posted to, to the address of The Storer. In the event of not being able to contact The Storer, notice is deemed to have been given to The Storer by the Facility Owner if it has sent Notices to the last notified address of The Storer, or has sent Notice to via email or SMS to the Storer or Emergency Contact Person without any electronic ‘bounce back’ or similar notification.

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10.2 (Deemed Notice) Any notice given under this Agreement is deemed to have been given the day it is emailed or SMS’d or the day after the notice has been delivered, posted.

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11. GENERAL PROVISIONS

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11.1 (Assignment) The Storer must not assign, sub-licence or otherwise deal with The Storer’s rights or obligations under this Agreement without the written consent of the Facility Owner.

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11.2 (Applicable Law) The law of the State, Territory or Region of Australia or New Zealand within which the Premises at which The Storer’s Goods are stored is located, applies to this Agreement.

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11.3 (Variations) Any variation of this Agreement is only effective if it is in writing and signed (physically or electronically) by all parties. No oral statement made by either party shall form part of this Agreement.

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11.4 (Waivers) A party shall not be taken to have waived a right 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 shall not be taken as a waiver of the right when it arises at any other time or a waiver of any other right.

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11.5 (Stamp Duty & GST) The Storer must on demand pay and indemnify the Facility Owner for any stamp duty, goods and services tax or similar tax or liability imposed in connection with this Agreement or any supply under it.

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11.6 (Severance) If any provision of this Agreement is legally unenforceable or made inapplicable, it shall be severed or read down, but so as to maintain (as far as possible) all other terms of this Agreement.

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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.

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11.8 (Entire Agreement) This Agreement and the privacy policy on the Facility Owner’s website  and associated schedules constitutes the entire agreement between The Storer and the Facility Owner for matters referred to in it. The parties agree that this Agreement reflects the final bargain agreed between them and that any prior arrangements, agreements, representations or undertakings are superseded.

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11.9 (Queries) The Storer acknowledges that it has discussed with the Facility Owner all queries relevant to its decision to enter this Agreement and that the Facility Owner has, prior to the Storer entering into this Agreement, answered all such queries to the Storer’s satisfaction. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by the Facility Owner, been incorporated into the written terms of this Agreement.

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11.10 (Cost) The Storer is responsible to pay any costs incurred by the Facility Owner in enforcing this Agreement in any way.

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11.11 (Dispute Resolution) The parties must endeavour to settle any dispute with one another before either party institutes any proceedings of any kind against the other.

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