Terms and Conditions

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Definitions

1. “The Owner” – Us, the Company providing you with the Space allocated for the storage of your goods (Adelaide Affordable Storage.)

2. “The Storer” – You, the person entering into this Agreement for the storage of your goods.

3. “The Space” – The space allocated to the storage of your goods.

4. “Storage Fee” – The amount payable by the Storer for the Space per month, or part thereof.

Storage

5. The Storer:

a. acknowledges that a 1-month minimum storage period applies.

b. acknowledges that the only service the Owner is providing to the Storer is a licence to use space allocated to the Storer by the Owner for the sole purpose of storing goods and that no other goods or services are provided, or responsibilities are taken by the Owner;

c. is deemed to rightfully own and have knowledge of the goods in the Space;

d. acknowledges that the agreement does not grant the Storer a lease or any interest in the Space.

6. The Owner:

a. does not provide any service other than the Space;

b. does not and will not be deemed to have knowledge of the goods;

c. is not a bailee nor a warehouseman of the goods and the Storer acknowledges that the Owner does not take possession of the goods. 

Cost:

7. Upon accepting this agreement, the Storer must pay to the Owner:

a. a minimum of 1 month’s Storage Fee.

8. The Storer must pay:

a. the Storage Fee or the amount notified to the Storer in writing by the Owner from time to time. The Storage Fee must be paid a minimum of 7 days in advance at any given time, and it is your responsibility to see that payment is made directly to us, on time, in full, throughout the period of storage. 

b. dishonoured payment fees resulting from dishonoured cheques and/or insufficient funds.

c. All Collection and/or Legal Costs

Failure to Pay

9. The Storer acknowledges that:

a. all time limits imposed on the Storer by the agreement must be complied with strictly;

b. all goods in the Space are subject to a general lien for all Storage Fees and any other amounts owing to the Owner by the Storer. In the event of the Storage Fee not being paid in full by the due date, the Owner may take possession of any goods in the Space and may, at the Owner's sole discretion, do any one or more of the following:

i. sell the goods by private arrangement or public auction to defray any unpaid Storage Fee, late payment fee, or costs associated with collection of Fees and/or costs associated with disposal of the goods; and/or

ii. dispose of the goods in any other manner, whether for value or not, as the Owner sees fit.

c. If any money is recovered from the sale or disposal of goods, that money shall be used as follows:

i. first, to pay the costs of and associated with the sale or disposal of the goods;

ii. second, all Storage Fees and other fees owed to the Owner and any other costs incurred by the Owner in connection with selling or disposing of the goods.

iii. third, any excess will be sent to the Storer.

Access to and Conditions of Use of the Space

10. The Storer:

a. must not store any goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;

b. ensure the goods are dry, clean, free from vermin and food scraps when placed in the Space;

11. The Owner reserves the right to relocate the Storer to another Space for the proper management of the premises.

Risk and Responsibility

12. No oral statements made by the Owner, or its employees form part of the agreement. No failure or delay by the Owner to exercise its rights under this agreement will operate to reduce those rights.

13. If the Storer is using the Space for the purposes of business storage, then the guarantees and remedies in the Consumer Guarantees Act 1993 ('the Act') are excluded.

14. If the Act applies the Storer acknowledges in accordance with clause 1 a. that the Owner is only providing a licence to use the Space provided by the Owner for the sole purpose of storing goods, there and that no other goods and services are provided by the Owner. No other undertakings or commitments are given or undertaken by the Owner whether in tort, contract or other legal principle.

15. The provisions of the Act are not contracted out of by the Owner, but because only a licence to occupy the Space is provided by the Owner, whether or not the Act applies, the goods are stored at the sole risk and responsibility of the Storer who is responsible for all loss, damage and deterioration of the goods, and bears the risk of all damage caused by flood, fire, water, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason whatsoever including any acts or omissions of the Owner or persons under its control.

16. The Storer is responsible for insuring their goods while in the Space and determining their replacement value. The Owner cannot do this, as they have no knowledge of, and do not own, the goods.

17. Unless specifically covered by the Storer’s insurance, the Storer must not store items which are irreplaceable, such as currency, jewellery, precious metals, furs, deeds, paintings, curios, works of art and items of personal sentimental value.

18. The Storer agrees to release and indemnify the Owner from all claims in contract, tort or otherwise for any loss or damage to the property of, or personal injury to: a. third parties; and/or b. the true owner of the goods stored in the Space resulting from or incidental to the use of the Space by the Storer.

19. The only person who can make deliveries and removals from the Space is the Owner. 

Compliance with Laws

20. The Storer acknowledges and agrees to comply with all relevant laws, applicable to the use of the Space. This includes laws relating to the goods which are stored, and the way it is stored. Liability for all breach of such laws rests absolutely with the Storer and includes all costs resulting from such breach.

21. If the Owner believes at any time in its discretion that the Storer is not complying with any law the Owner may take any action the Owner believes to be necessary to so comply, including termination under clause 25. The Owner may also immediately dispose of or remove the goods at the Storer's expense and submit the goods to the relevant authorities.

Privacy Act 1993

22. The Storer authorises the Owner to:

a. Collect, retain, and use any information about the Storer, for the purpose of assessing the Storer's creditworthiness or marketing products and services to the Storer, and

b. disclose information about the Storer whether collected by the Owner from the Storer directly or obtained by the Owner from any other source to any other credit provider or any credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection or notifying a default by the Storer.

23. Where the Storer is an individual, the authorities under clause 22 are authorities or consents for the purposes of the Privacy Act 1993.

24. The Storer shall have the right to request the Owner for a copy of the information about the Storer retained by the Owner and the right to request the Owner to correct any information about the Storer held by the Owner.

Termination

25.  Either party may terminate:

a. Either party may terminate this agreement by giving the other party written notice.

b. In the event of illegal or environmentally harmful activities on the part of the Storer the Owner may terminate the agreement without notice.

c. Upon termination the Storer must arrange to remove all goods in the Space on the date specified. The Storer must pay any outstanding moneys and any expenses on default or other moneys owed to the Owner up to the date of termination, or clause 9b will apply. Any calculation of the outstanding fees will be by the Owner and such calculation will be final. 

Notice

26. Notices will be given in writing and emailed or posted 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 if the Owner gives or makes reasonable attempts to give that notice by email, postage, or delivery to the address of the Storer.

Acceptance 

27. Booking our Services shall be deemed as acceptance of these Terms and Conditions.