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Container Storage Terms & Conditions

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THE STORER:

(a) may store Goods in the Space allocated to the Storer by Geelong Caravan Storage (“GCS”)  and only in that Space:

(b) owns the Goods in the Space, and/or are entitled at law to deal with them accordance with all aspects of this

 

AGREEMENT:

Geelong Caravan Storage:

(a) does not have, and will not be deemed to have, knowledge of the Goods;

(b) Is not a warehouseman of the Goods and the Storer acknowledges that GCS does not take possession of the Goods.

 

COST:

The Storer must upon signing the Agreement pay to GCS:

(a) the fee specified on the front of this Agreement.

The Storer is responsible to pay:

(b) the Storage Fee being the amount indicated in this Agreement or any reasonable increase as notified to the Storer by GCS. GCS will provide no less than 28 days’ notice of any intended increase. Where the Storer objects to the increase they may, before the expiration of the 28 days’ notice, terminate the Agreement and move out giving no less than 24 hours’ notice. The usual notice period is waived. The Storage Fee is payable in advance and it is the Storer’s responsibility to make payment directly to GCS on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/direct credit (“Direct Payment”) will not be credited to the Storer’s account unless the Storer identifies the Direct Payment clearly and as reasonably directed by GCS. GCS is indemnified from any claim for enforcement of the Agreement, including the sale or disposal of Goods, due to the Storer’s failure to correctly identify a

 

DIRECT PAYMENT:

(a) the Cleaning Fee, as indicated on the front on this Agreement, is payable at GCS reasonable discretion;

(b) a Late Payment Fee, as indicated on the front on this Agreement, which becomes payable each time a payment is late;

(c) any reasonable costs incurred by GCS in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/ or the Default Action

(d) the Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement

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DEFAULT:

(a) The Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 30 days of the due date, GCS may enter the Space, by force or otherwise, retain any Deposit and/or sell or dispose of any Goods in the Space on such terms that GCS may determine, regardless of their nature or value. GCS 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 funds will be returned to the Storer within 6 months of the sale of goods. In the event that the Storer cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. In the event that the Storer has more than one Space with GCS, default on either Space authorises GCS to take Default Action against all Spaces.

(b) At least 14 days before GCS can take any Default Action GCS will provide the Storer with Notice that the Storer is in default. GCS will provide the Storer with reasonable time to rectify the Default before any Default Action is taken.

 

RIGHT TO DUMP:

  1. If GCS reasonably believes it is a health and safety risk to sort, handle, assess or conduct an inventory of Goods in the Space, subject to GCS providing the Storer with reasonable prior notice to pay outstanding moneys and collect the goods, GCS may dispose of some or all of the Goods without sorting, handling, assessing or undertaking inventory. Further, due to the inherent health and safety risks in relation to undertaking any sale or disposal of Goods whereby GCS must handle the Storer’s Goods, GCS need not open or empty bags or boxes to sort, handle, assess or undertake an inventory of the contents therein, and may elect to instead dispose of all bagged and/or boxed items with or without opening them.  Further, if, in the reasonable opinion of GCS a default Storer’s Goods are either not saleable or fail to sell when offered for sale or are not of sufficient value to warrant the expense of attempting to sell, GCS may dispose of the Goods in the Storer’s Space by any means.

  2. Further, upon Termination of the Agreement by either the Storer or GCS, in the event that a Storer fails to remove all Goods from their Space or the Facility, GCS is authorised to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods. GCS will give 7 days’ notice of intended disposal.

  3. Any items deemed left, in GCS’s reasonable opinion, unattended in common areas or outside the Storer’s Space at any time may at GCS reasonable discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.

 

ACCESS AND CONDITIONS:

The Storer:

(a) has the right to access the Space during Access Hours as advised by GCS and subject to the terms of this Agreement;

(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 reasonably acceptable to GCS, and where applicable will secure the external gates and/or doors of the Where the Storer refuses to secure the Space, GCS may apply a lock and post the keys to the Storer at the Storer’s expense. The Storer is not permitted to apply a padlock to their Space in GCS overlocking position, and the Storer may have any such padlock forcefully cut off at the Storer’s expense;

(c) must not store any Goods that are hazardous, dangerous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, living, or that are a risk to the property of any person;

(d) must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art, items of personal sentimental value and/or any items that are worth more than $2000AUD in total unless they are itemised and covered by insurance;

(e) will use the Space solely for the purpose of storage and shall not carry on any business or other activity including reside, dwell or loiter in the Space;

(f) must not attach nails, screws etc to any part of the Space, must maintain the Space by ensuring it is clean and in a state of good repair, and must not damage or alter the Space without GCS consent; in the event of uncleanliness of or damage to the Space or Facility or other Storer’s Goods GCS will be entitled to retain any Deposit, charge a Cleaning Fee, and/or full reimbursement by the Storer to the value of the damage, repairs and/or cleaning;

(g) cannot assign this Agreement;

(h) must give Notice of change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change;

(i) grants GCS entitlement to discuss and provide information it holds regarding the Storer – including default information – with the ACP registered on the front of this agreement. Further, where GCS reasonably believes that the Storer is unwilling or unable to remove Goods from the Space upon termination or default of the Agreement, despite reasonable notice under these terms, GCS may allow the ACP to remove the Goods on such terms as agreed between GCS and the ACP without the need for further consent from the Storer.  Further, where GCS has reasonable proof that the Storer is deceased, GCS is authorised to force access to the Space and release all Goods to the ACP;

(j) is solely responsible for determining whether the Space is appropriate and suitable for storing the Storer’s Goods, having specific consideration for the size, nature and condition of the Space and Goods;

(k) must ensure their Goods are free of food scraps and are not damp when placed into storage.

  1. GCS has the right to refuse access to the Space and/or the Facility where any moneys are owing by the Storer to GCS where a demand or notice relating to payment of such money has been made.

  2. GCS will not be liable for any loss or damaged suffered by the Storer resulting from any inability to access the Facility or the Space.

  3. GCS reserves the right to relocate the Storer to another Space under certain circumstances, including but not limited to unforeseen extraordinary events or redevelopment of the Facility.

  4. GCS may dispose of the Storer’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered Goods, in the reasonable opinion of GCS severely damaged, or dangerous to the Facility, any persons, or other Storers and/or their Goods. Where practicable, GCS will provide the Storer with reasonable Notice and an opportunity to review the Goods before the Goods are disposed of.

  5. The Storer acknowledges that it has raised with GCS all queries relevant to its decision to enter this Agreement and that GCS has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by GCS, been reduced to writing and incorporated into the terms of this Agreement.

The Storer is responsible (and must pay) for loss or damage caused by a third party who enters the Space or the facility at the request, direction, or as facilitated by the Storer (including provision of gate key code).

 

RISK AND RESPONSIBILITY:

GCS services come with non-excludable guarantees under consumer protection law, including that they will be provided with due care and skill. Otherwise, to the extent permitted by law, 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 caused by flood or fire or leakage or overflow of water, mildew, mould, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.

  1. Where loss, damage or injury is caused by the Storer, or liability arises from the Storer’s actions or the Storer’s Goods, the Storer agrees to indemnify and keep indemnified GCS from any liability arising from and all claims for any loss of or damage to the property of, or personal injury to or death of the Storer, GCS or its facility,or third parties, or legislative or common law breach, resulting from or incidental to the use of the Space by the Storer, including but not limited to the storage of Goods in the Space, the Goods themselves, defaulting on the Agreement and/or accessing the Facility.

  2. Certain laws may apply to the storage of goods including criminal, bankruptcy, liquidation, privacy and others. 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, 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.

  3. If GCS reasonably believes that the Storer is not complying with any relevant laws GCS may take any action as it reasonably believes to be necessary by 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 and liability, including where in GCS reasonable opinion the Storer is engaging in illegal activity in relation to the storage of the Goods. No failure or delay by GCS to exercise its rights under this Agreement will operate to waive those rights.

 

INSPECTION AND ENTRY BY THE GCS:

  1. The Storer consents to inspection and entry of the Space by GCS provided that GCS gives 14 days’ Notice.

  2. In the event of an emergency, that is, where obliged to do so by law or in the event that property, the environment or human life is threatened, in the reasonable opinion of GCS, GCS may enter the Space using all necessary force without the consent of the Storer, but GCS shall thereafter notify the Storer about such entry.

 

The Storer agrees that in circumstances where GCS reasonably suspects a breach of the law or damage to the facility,GCS may use a microprobe or other CCTV camera 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 GCS to take any action authorised under this Agreement, including terminating the Agreement and/or cooperating with law enforcement agencies and other authorities.

  1. NOTICE: Notice by GCS will usually be given by email or SMS, to the Storer. In relation to the giving of Notice by the Storer to GCS, Notice must be in writing and actually be received to be valid, and GCS may specify a required method. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by GCS if GCS has sent Notice to the last notified address or has sent Notice via any other contact method, including by SMS or email to the Storer or the ACP without any electronic ‘bounce back’ or similar notification. 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

  2. TERMINATION: Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with the period indicated on the front of this Agreement. In the event any activities on the part of the Storer are reasonably considered by GCS to be illegal or environmentally harmful, antisocial, threatening or offensive, GCS may terminate the Agreement without Notice. GCS is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Storer. The Storer must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of the GCS. The Storer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to GCS up to the Termination Date, or clauses 6, 7 or 8 may apply. If GCS enters the Space for any reason and there are no Goods stored therein, GCS may terminate the Agreement without giving prior Notice, but GCS will send Notice to the Storer within 7 days.

  3. The Parties’ liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

  4. 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 other terms of the Agreement.

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