TERMS & CONDITIONS
|Agreement||refers to this storage agreement that includes any cover pages that contain your personal details, payment details, and any schedules detailed.|
|Autopay||refers to an automatic recurring payment which the Facility Owner will charge your nominated debit or credit card on your monthly payment date.|
|Minimum Storage Period||refers to 1 month.|
|Monthly Payment Date||refers to the monthly anniversary written in this Agreement.|
|Facility Owner||refers to FKS Investments Consolidated Pty Ltd trading as Guardian Self Storage Ballina, Deception Bay, Kallangur, Moffat Beach, Redbank Plains, Rockhampton, Rockville, Wilsonton or Woolgoolga. All facilities are within Australia.|
|Premises||refers to the land, building, hardstand and any other structure owned or controlled by the Facility Owner, at which your goods are located.|
|Storage Fees||refers to the monthly Storage fee set out in this Agreement.|
|Your Goods||refers to any items brought onto the premises by the Storer, for the purposes of storing at the facility.|
- All payments are to be made in advance by you (the Storer).
- Goods are stored at your sole risk. Insurance is available. Please ask your Facility Manager.
- The Facility Owner is not liable for the loss of any goods stored on its premises.
- Hazardous, dangerous, explosive, illegal, perishable, stolen, or environmentally harmful goods are not to be stored on our site.
- This space will only be accessible during set access hours as posted by the Facility Owner.
- 7 days notice must be given for termination of this Agreement.
- The Storer must notify the Facility Owner of all changes of address and contact numbers.
- If you fail to comply with the conditions of the Agreement, the Facility Owner will have certain rights which include forfeiture of your deposit and the right to seize and sell and/or dispose of your goods.
- The Facility Owner has the right to refuse access if all fees are not paid promptly.
- The Facility Owner has the right to enter in certain circumstances.
- Storer is responsible to pay for Late Payment Fee, Dishonoured Direct Debit Fee, and a Cleaning Fee.
1. The Storer:
(a) has the right to store Goods in the Space allocated to the Storer by the Facility Owner;
(b) is deemed to have knowledge of the Goods in the Space;
(c) warrants that they are the Facility 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.
2. The Facility Owner:
(a) does not have and will not be deemed to have, knowledge of the Goods;
(b) is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the Facility Owner does not take possession of the Goods.
- The Storage fee being the amount indicated in this Agreement, or the amount notified to the Storer in writing, by the Facility Owner from time to time.
- All businesses are wholly Australian owned and operated, all invoices issued are in Australian dollars. The trading names of the Facility Owner and invoices may be issued in any of the following: FKS Investments Consolidated Pty Ltd trading as Guardian Self Storage Ballina, Deception Bay, Kallangur, Moffat Beach, Rockhampton, Rockville, Wilsonton or Woolgoolga.
- The Storage Fee is payable in advance and it is the Storer’s responsibility to see that payment is made directly to the Facility Owner, on time, in full, throughout the period of storage.
- A late payment fee, as indicated on the front of this Agreement, will become payable each time a payment is late.
- Any costs incurred by the Facility Owner in collecting late or unpaid Storage fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action costs, will be payable by the Storer.
- The Storer will be responsible for payment of any Government taxes or charges (including any goods and services tax) being levied in this Agreement, or any supplies pursuant to this Agreement.
Any unused rent, providing all other terms and conditions of your Agreement have been met, will be refunded to the Storer. It is a requirement to give 7 days notice in writing, of vacating your unit.
The Storer acknowledges that, in the event of the Storage fee, or any other monies owing under this Agreement, not being paid in full within 42 days of the due date, the Facility Owner, may, without further notice, enter the Space, to sell or dispose of any Goods in the Space on such terms that the Facility Owner may determine. The Facility Owner may also require payment of default action costs, including any costs associated with accessing the Storer’s Space and disposal or sale of the Storer’s Goods. Any excess monies recovered by the Facility Owner on disposal will be returned to the Storer.
Access And Condition
(a) has the right to access the Space during Access Hours as posted by the Facility Owner;
(b) 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 which is acceptable to the Facility Owner, and where applicable will secure the external gates or doors of the Premises;
(c) Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person are NOT to be stored;
(d) must not store items that are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
(e) will NOT use the Space to conduct any business or activity.
(f) the Space is solely for the purpose of storage.
(h) must not attach nails, screws etc to any part of the Space and must maintain the Space by ensuring it is clean and in a good state of repair and must not damage or alter the Space without the Facility Owner’s consent. In the event of uncleanliness of, or damage to the Space or Facility, the Facility Owner will be entitled to charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required.
(i) cannot assign this Agreement;
(j) must give notice to the Owner in writing of the change of address of the Storer or the Alternate Contact Person within 48 hours of any change;
(k) grants the Facility Owner entitlement to discuss any defaults by the Storer with the Alternate Contact Person registered on the front of this Agreement.
(l) The Facility Owner may refuse access to the Space by the Storer where monies are owing by the Storer, as long as written demand demand for payment of such monies has been made.
(m) The Facility Owner reserves the right to relocate the Storer to another Space under certain circumstances.
(n) No oral statements made by the Facility Owner or its employees shall form part of this Agreement, and no failure or delay by the Facility Owner to exercise its rights under this Agreement will operate to waiver those rights.
Risk and Responsibility
- 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 cause 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 including acts or missions, negligent deliberate or otherwise, of the Facility Owner or persons under its control.
- The Storer agrees to indemnify and keep indemnified the Facility Owner from all claims for any loss of or damage to the property of, or personal injury to, third parties resulting from or incidental to the use of the Space by the Storer, including the storage of Goods in the Space.
- 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. The liability for any and all breaches of such laws rests absolutely with the Storer, and includes any and all costs resulting from such a breach.
- If the Facility Owner has reason to believe that the Storer is not complying will all relevant laws, the Facility Owner may take any action the Facility Owner believes to be necessary, 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. The Storer agrees that the Facility Owner may take such action at any time.
Inspection and Entry by the Facility Owner
- Storer consents to inspection and entry of the Space by the Facility Owner provided that the Facility Owner gives 21 days written notice.
- In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Facility Owner, is threatened, the Facility Owner may enter the Space using all necessary force without the written consent of the Storer, but the Facility Owner will notify the Storer as soon as is practicable. The Storer consents to such entry.
- Notices will be given in writing and emailed to, or posted to, or faxed 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 the Facility Owner serves that Notice on the Alternate Contact Person identified on the front of this Agreement. Notices sent to the last notified address of the Storer or Alternate Contact Person, is deemed to have been given Notice.
- 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.
- Once the initial fixed period for 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 illegal or environmentally harmful activities on the part of the Storer, the Facility Owner may terminate the Agreement without Notice. The Facility Owner is entitled to retain a portion of the deposit if less than the required 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 Facility Owner on the date specified.
- The Storer must pay any outstanding monies and any expenses on default or other monies owed to the Facility Owner, up to the date of termination. Any calculation of the outstanding fees will be by the Facility Owner and such calculation will be final.
- If the Facility Owner enters the Space for any reason and there are no such Goods stored therein, the Facility Owner may terminate the Agreement without giving prior Notice, but the Facility Owner will send Notice to the Storer in writing within 7 days.
- The Parties’ liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
Trade Practices Act:
(a) agrees that the terms of this document constitute the whole contract with the Facility Owner and that, in entering this Contract, the Storer relies upon no representations other than those contained in this Agreement.
(b) acknowledges that it has raised all queries relevant to its decision to enter this Agreement with the Facility Owner and that the Facility Owner has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer.
(c) 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 reduced to writing and incorporated into the terms of this Agreement.
(d) Any damages, whether physical or economic loss, which the Facility Owner is liable to pay to the Storer pursuant to this Agreement or performance of this Agreement (including damages for negligence or damages for consequential loss) are limited in all cases other than cases of damages relating to the provision of services of a kind ordinarily acquired for personal, domestic or household use or consumption to:
(i ) the further supply of storage equivalent to that undertaken by the Facility Owner as set out in the terms and conditions of this Agreement or:
(ii) the payment of the cost of further supply of storage equivalent to that undertaken by the Facility Owner under the terms and conditions of this Agreement.
(e) The Storer specifically acknowledges that it is aware of the limitation of liability set out in Clause (d) above and that, in all the circumstances, and taking into account such negotiations between the parties and their relationship, such limitation on the Facility Owner’s liability is a reasonable one.
Mediation of Disputes
1. The parties must endeavour to settle any dispute in connection with this Agreement by mediation.
- Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s Notice of Dispute, by a person appointed by the Chair of LEADR, ACN 008 651 232 Level 9, 15-17 Young Street, Sydney, Phone: 02 9251 3366, Fax: 02 9251 3733, or the Chair’s designated representative.
- The LEADR Mediation Rules shall apply to the mediation, arbitration or litigation. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.