Terms of service.
1. FEE – FEE INCREASE
1.1 - The user shall pay to the owner the storage fee as set out in the schedule (GST inclusive) per month payable one calendar month in advance.
1.2 - The owner shall have the right of increasing the fee by giving the user one calendar month notice in writing.
2 PERIOD OF USE
This agreement shall remain in force for one month certain and thereafter until the expiration of 30 days notice from one party to the other. Upon termination of this agreement the user shall remove all their goods from the complex at their own cost.
3 ASSIGNMENT
The right of the user under this agreement shall not be assignable nor shall the user allow any other person to share in the use of the complex or any party thereof without the prior written consent of the owner.
4 LOCKS – RIGHT OF ACCESS
4.1 - The user shall be provided with a key for access to the storage yard and the unit. The owner may impose such conditions on access as it shall determine appropriate.
4.2 - The owner shall retain a duplicate key and reserve the right to access the unit as determined necessary by the owner.
4.3 - The user must return the key at conclusion of the period of use.
4.4 - The user must not copy or duplicate the key or allow it to be used by any other person.
4.5 - A fee shall be charged for any lost key
4.6 - The yards and units can only be accesses between the hours of 6am till 10pm, 7 days per week, no access is allowed outside of these hours.
5 CONDITIONS OF USE
5.1 - The owner may refuse to carry out storage of goods at its discretion.
5.2 -The user shall not at any time use the complex for storage of any goods which are of a flammable, explosive, noxious, dangerous, illegal, or perishable nature or which might invalidate or prejudice any insurance affected by the owner.
5.3 -Goods are stored entirely at the risk of the user.
5.4 - The owner shall not be liable for any loss, damage or deterioration of any of the goods whether caused by or because of any burglary, theft, fire or heat, flood, storm or tempest, leakage or overflow of water or escape of any gas or other substance whether from within or without the complies, pest or vermin or from the act or omission of any person using the complex or any of the employees, servants or agents of such persons.
5.5 -The owner shall not be deemed to have possession of the goods nor be a bailee thereof.
5.6 - The user will affect its own insurance of the goods.
6. USER INDEMNIFIES OWNER
The user indemnifies and keeps indemnified the owner from and against all claims actions demands cost liabilities and proceedings whatsoever for or in respect to the death or injury of any other users of the complex which in any way arises out of or is caused by or relates to the use of the complex.
7 REMEDIES FOR BREACH – OWNER’S RIGHTS
In the event of the fees payable by the user being in arrears for more than seven (7) days (whether formally demanded or not) and if and whenever there be a breach or non-performance or non-observance of any of the conditions of this agreement by the user and such breach continues for more than seven (7) days after services of a notice on the user requiring the user to remedy such breach then and in any such events the owner shall have the following rights and remedies:
7.1 -To terminate this agreement.
7.2 - To prevent access to the area of complex where the goods are stored by the user.
8 LIEN
8.1 -The owner has a general lien on the goods and on any other goods of the user for all charges due or which become due on any account whether for storage of the goods or any other services provided by the owners.
8.2 -If the charges are not paid when due or the goods are not collected when so required or designated, the owner may, without notice:
8.2.1 - Remove all or any of the goods and store them as the owner thinks fit at the user’s risk and expense or
8.2.2 - open and sell any of the goods as the owner thinks fit and apply the proceeds to discharge the lien and cost of sale without being liable to any person for any loss or damage caused.
8.2.3 - deduct or set-off from any moneys due from the owner to the user under any contract, debts and money due from the user to the owner these conditions or under any contract.
9 SERVICES OF NOTICES
Any notice requiring to be served under this agreement shall be sufficiently served on the owner and on the user if forwarded by post or left addressed to either the owner or the user as the case may be at the address shown in this agreement.
10 SEVERABILITY
If a condition or part of this agreement is unenforceable, this does not affect any other part of the condition or other condition.
11 SPECIAL CONDITIONS
If the terms of any special conditions are inconsistent with these conditions the special conditions shall apply.