TERMS & CONDITIONS
Terms and Conditions
The Trustee For The Christian Property Unit Trust ABN 49 348 853 130
- Your Space Subject to clause 2.2, The Operator gives You a licence to store Your Goods in Your Space during the Initial Storage Period set out in the Storage Agreement and after then, on a month to month basis until terminated by either party in accordance with this Agreement (“Storage Period”).
- Change of Your Space The Operator may at any time change Your Space by giving notice to You, but:
- The Operator may not change Your Space to a space with less area (without Your agreement); and
- The Operator must at its own cost relocate (or, if The Operator agrees, pay the costs to relocate) Your Goods to the new space.
- Space sizes are approximate and spaces may be smaller or larger than advertised. Spaces are not rented by the square metre and rent is not based on the square metre measurements.
- Commencement of Payments When You sign this Agreement You must pay The Operator the first payment of the Monthly Storage Fees and the Monthly Admin Fee.
- Storage Fee Payments On or before each Monthly Payment Date (or as otherwise set out in the Storage Agreement) You must pay The Operator in advance the Storage Fee for storage between that Monthly Payment Date and the next following Monthly Payment Date, together with such other fee as may be notified by the Operator in writing from time to time.
- Apportionment of Storage Fees Storage Fees shall be apportioned on a pro-rata daily basis for broken periods.
- Methods of Payments Subject to clause 4.5, You may pay amounts payable to The Operator by cash, cheque or credit card (approved by The Operator).
- Credit Card Payment The Operator may refuse to accept any telephone request to effect payment by debit of Your credit card until a written authorisation from You is received by The Operator.
- Late Payment Fee If You fail to pay The Operator any amount when due or if any payment is dishonoured or cancelled, You must pay The Operator (when You pay the overdue amount) the Late Payment Fee and any Other Fee incurred by the Operator (set out in the Storage Agreement) applying to the period between the due date for payment and the date You actually pay, together with any associated telephone, postage and other costs related to collection of these amounts.
- Change in Fees The Operator may, at any time after the Initial Storage Period, increase the Storage Fee, Late Payment Fee or Other Fee by giving You 14 days prior notice.
- Part Payment Acceptance by The Operator of any part of the total amount owing by You will not be taken to affect Your obligation to pay the balance of the amount.
6. YOUR OBLIGATIONS
- Use of Your Space You must only use Your Space for storage and no other business or activity.
- Securing Your Space You are solely responsible for securing Your Space and must do so in a manner reasonably satisfactory to The Operator, and where applicable You must ensure that all external gates or doors of the Premises are secure.
- Prohibited Goods Your Goods must not include any item listed in the Prohibited Goods List displayed by The Operator from time to time at the Premises or any animal or any thing which is hazardous, illegal, stolen, inflammable (excluding alchoholic beverages), explosive, environmentally harmful, perishable or which in the reasonable opinion of The Operator may cause harm to any person, property or the environment.
- Irreplaceable Goods 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.
- Cleaning and Maintenance You must clean and maintain Your Space in good condition, order and repair (fair wear and tear excepted). If you fail to do this the Operator may do so at Your cost.
- Alterations You must not carry out any alterations to or mark, paint, nail, drill, alter or damage or attach any structure to any part of Your Space without the written consent of The Operator.
- Repair You must immediately notify The Operator of any damage You or any person authorised by You causes to the Premises or Your Space and reimburse The Operator on demand for the cost to The Operator of making good the damage.
- Insurance Unless The Operator otherwise agrees, You must keep Your Goods in Your Space insured on terms reasonably satisfactory to The Operator and provide evidence of the insurance to The Operator whenever requested by The Operator. You agree to waive any right of subrogation You may otherwise have in relation to insurance of the Goods.
- Nuisance You must not cause any inconvenience or nuisance to any other person using the Premises.
- Compliance with Laws You must, at your cost, comply with all laws applying to Your Goods or the storage of Your Goods in, or use of, Your Space.
- Change in details You must immediately notify the Operator of any change in Your contact details or those of the Alternate Contact Person set out in the Storage Agreement.
- Contact You grant the Operator the right to discuss any default under this Agreement with the Alternate Contact Person.
9. ABANDONED GOODS
- Abandonment of Goods If at any time You fail to:
- pay The Operator any amount due and owing to it by You; or
- remove Your Goods when required under this Agreement, within 7 days after The Operator gives You notice requiring you to remedy that failure, Your Goods will be taken to be Abandoned Goods for the purposes of this clause.
- Dealing with Abandoned Goods You agree:
- The Operator may (in its absolute discretion and without being obliged to do so) arrange;
- the disposal of;
- alternative storage of; or
- the sale of, any of Your Abandoned Goods, on such terms as The Operator (in its absolute discretion) decides;
- You must indemnify The Operator for all costs, expenses, damages, claims, action or liability whatever arising from or in connection with The Operator exercising its rights under paragraph (a);
- The Operator shall pay You the amount received by it from the sale of Your Abandoned Goods less any amounts You owe The Operator (including without limitation any Late Payment Fees or Other Fees) within 30 days after The Operator receives the amount.
- The Operator may (in its absolute discretion and without being obliged to do so) arrange;
11. GENERAL PROVISIONS
- Assignment You must not assign, sub-licence or otherwise deal with Your rights or obligations under this Agreement without the written consent of The Operator.
- Applicable Law The law of the State or Territory of Australia within which the Premises at which Your Goods are stored is located, applies to this Agreement.
- Variations Any variation of this Agreement is only effective if it is in writing and signed by all parties. No oral statement made by the Operator or its employees shall form part of this Agreement.
- 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.
- Stamp Duty & GST You must on demand pay and indemnify The Operator for any stamp duty, Goods and Services Tax or similar tax or liability imposed in connection with this Agreement or any supply under it.
- Severance If any provision of this Agreement is legally unenforcable 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.
- Insurance You agree that if You accept any insurance arranged through The Operator or its employees or agents:
- You are entering a contract of insurance with the disclosed insurer and not The Operator;
- in effecting the insurance contract, The Operator is acting:
- under an authority given to it by the disclosed insurer; and
- as agent of the insurer and not an agent of You;
- You must satisfy yourself on the terms and adequacy of the insurance (without relying on any information provided by The Operator or its employees or agents); and
- You will have no claim whatever against The Operator or its employees or agents arising from or in connection with the insurance.
- Continuing Liability Your 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.
- Cost The Storer is responsible to pay any costs incurred by The Operator in enforcing this Storage Agreement in any way. Termination of this Agreement, even though You may not have access to the Premises do this the Operator may do so at Your cost.
- Dispute Resolution The parties must endeavour to settle any dispute in or Your Space, for all or part of the Storage Period. connection with the Dispute Resolution Policy on The Operator’s Website
In these conditions:
“The Operator” means the Operator described in the Storage Agreement as the party entitled to possession of the Premises at which the goods are stored and its successors and assigns;
“You” and “Your” refers to the person (including a corporation) named as the Storer in the Storage Agreement and their successors and permitted assigns; and if there is more than one, it refers to each severally and any two or more jointly;
“Your Goods” means any item or thing which You bring onto the Premises or which is kept in Your Space;
“Your Space” means the storage unit(s) or area(s) described in the Storage Agreement;
“Premises” means the premises of the Operator at which Your Goods are located;
“Storage Fees” means the Monthly Storage Fee and Monthly Administration Fee set out in the Storage Agreement.
3. RESPONSIBILITY FOR YOUR GOODS
- Responsibility for Goods At all times (including while Your Goods are in Your Space) Your Goods are:
- in Your (and not The Operator’s) possession and control;
- taken to be within Your (and not The Operator’s) knowledge;
- at Your risk in all respects.
- Operator’s Knowledge The Operator does not and shall not be deemed to have knowledge of Your Goods stored and You acknowledge and agree that the Operator is not a bailee or warehouseman of Your Goods nor does the Operator have possession of Your Goods at any time.
- Access Hours Subject to clauses 5.2 and 5.3, You may access Your Space during the opening hours of the Premises or as otherwise notified by the Operator (“Access Hours”).
- Emergency Access You may only access Your Space outside the Access Hours with the Operator’s consent which may be given or withheld at the Operator’s sole and unfettered discretion.
- Refusal of Access The Operator may (without being obliged to do so) refuse You or any other person access to the Premises or Your Space (including after this Agreement has been terminated for any reason) if:
- You have not complied with any of Your obligations under this Agreement whether or not any formal demand or notice has been given; or
- You or the other person do not produce identification and/or evidence satisfactory to The Operator to show You or the other person are entitled to access.
- Obligations During Refusal of Access Your obligations under this Agreement (including payment of the Storage Fee to The Operator) continue until
- Access by The Operator The Operator may (without being obliged to do so):
- access, inspect or service Your Space and/or Your Goods at any time for maintenance or emergency purposes;
- if at any time, The Operator believes Your Goods or any act or omission by You in connection with Your Space may cause harm to any person, property or the environment, then immediately (and without notice to You) take any action considered by The Operator to be necessary to access, inspect or service Your Space or inspect Your Goods and, if necessary, to avoid the potential harm the Operator may remove and dispose of Your Goods and the cost of The Operator so doing will be reimbursed by You to The Operator on demand by The Operator.
- Access by Unauthorised Persons The Operator is not responsible for any unauthorised entry by any person to the Premises or Your Space.
- Alarm Fee If You or someone gaining access as authorised by You trigger an alarm then you will incur a fee of $75.
7. RELEASE AND INDEMNITY
You Release and Indemnify The Operator You (for all time and despite any earlier termination of this Agreement):
- release The Operator (and its employees and agents) from; and
- indemnify The Operator (and its employees and agents) against, any costs, expenses, damages, claims, action or liability whatever, arising(whether in contract, tort, under statute or otherwise) from or in connection with,
- loss of or damage to Your Goods, however caused;
- damage to any device used by You to secure Your Space resulting from The Operator accessing Your Space in accordance with this Agreement;
- The Operator either refusing You access to the Premises and Your Space or terminating this Agreement in accordance with this Agreement; or
- loss of or damage to any property (including The Operator’s property) or death of or injury to any person caused or contributed to by:
- Your Goods;
- You or any person accessing the Premises or Your Space with Your authority or consent.
- Service of Notices Notice will usually be given in writing and left at, or emailed to, or posted to, or faxed to the address of the Storer or the Operator. In relation to the giving of Notices to the Operator, 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 Operator if the Operator 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. 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.
- Deemed Notice Any notice given under this Agreement is deemed to have been given the day after the notice has been delivered, posted or facsimiled.
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