FURNITURE STORAGE TERMS & CONDITIONS
1. NATURE OF AGREEMENT
1.1 The Hirer acknowledges that:
1.1.1 Delivery of the goods to the premises of The Company (Smooth Services Ltd t/a The Smooth Mover) will be deemed to be acceptance by The Hirer of the Terms of licence in this agreement.
1.1.2 The only goods or services provided by The Company is a licence to the Hirer to use a lockup unit for the sole purpose of the storage of the Hirer’s goods.
1.1.3 This Agreement does not grant the hirer a lease or any interest in the Unit.
1.1.4 The minimum period of hire is one (1) calendar month unless otherwise agreed between the parties.
1.1.5 The Hirer is required to keep The Company informed of their current mailing, residential and email address.
1.1.6The Company does not have and will not be deemed to have knowledge of the goods. The Hirer is deemed to
have knowledge of all goods in the storage unit. The Company is not a Bailee or Warehouseman of the goods and shall not be deemed to be in possession of the goods.
2. PAYMENT REQUIRED
2.1 On signing this Agreement the Hirer shall pay The Company the monthly hire charge in advance and any other amounts appearing in the Agreement. The Company reserves the right to require the Hirer to pay the monthly charges by either automatic bank payment or direct debit.
2.2 Even if this Agreement has been properly cancelled, the Hirer shall continue to be liable for the hire charge and any other amounts payable under this Agreement until the Hirer has removed all goods from the Unit and left it in an undamaged and clean condition.
2.3 The Company may increase the hire charge, giving the Hirer one months’ notice but the Hirer may cancel this Agreement if the increase is not acceptable by giving one weeks’ notice.
3. FAILURE TO PAY
3.1 The Hirer acknowledges that:
3.1.1 All time limits referred to in this Agreement must be complied with strictly.
3.1.2 All goods are subject to a general lien for all hire charges and any other amounts owing to The Company by the Hirer.
3.1.3 A late payment fee is payable each time a storage payment is late. The fee is calculated at the rate of 10% of the storage fee or $25.00 per week whichever is the higher.
3.1.4 If the hire charge is not paid within seven days of the due date for payment, we will send notification of non-payment to the email address supplied. If payment is not paid within fourteen (14) days The Company may break and enter the Unit and/or over lock the unit and take possession of any goods in the Unit.
The Company may without giving further notice to The Hirer sell the goods by public auction or by private bargain at the Hirers expense. The proceeds of such sale shall be applied on or towards payment to the Company of; (a) all sums owed to The Company by the Hirer.
(b) The costs and expenses incurred by The Company (including legal expenses) in the course of arranging for the sale of the goods.
(c) Costs of storing and /or maintenance of the goods pending their sale by The Company with the excess (if any) to be paid to The Hirer.
4. USE OF THE UNIT
4.1 The Hirer will have access to the storage unit during the hours advertised by The Company subject to changes that may be made from time to time. The hirer agrees to comply with any operational rules and changes made to them from time to time.
4.2 The Company reserves the right to confirm the authority of all persons entering the premises and may refuse entry to any person not authorised. The Hirer must identify him or herself and name the person(s) in writing authorised by The Hirer to enter the storage space.
4.3 The Hirer shall be responsible for adequately securing and locking the storage unit using one padlock only. The Company shall not hold keys to the storage unit. The Company may also overlock the unit if The Hirer is in breach of this agreement and may refuse entry to The Hirer until all defaults have been remedied.
4.4 The Hirer warrants to The Company that none of the goods are or contain things which are, or are likely to be dangerous to persons or property or are of a corrosive, inflammable, explosive, illegal, stolen or damaging nature and further that none of the goods are infested with or are likely to encourage vermin or damaging insects.
4.5 The Hirer agrees to fully indemnify The Company against all claims which may be made against The Company or any third party though the presences of any such article or substance in any goods stored by The Hirer. If any such article or substance is discovered, The Company may at its discretion break and enter the storage unit but will if reasonably feasible, at the discretion of The Company first advise The Hirer of its intention and give The Hirer opportunity to
be present when The Company removes, destroys or otherwise disposes of the same at The Hirers expense and shall not be responsible or accountable for the value thereof.
4.6 The storage unit shall be used for the sole purpose of storage of goods and not for any other purposes. The Hirer shall not use the space or allow them to be used to carry on any trade or business.
5. RISK AND RESPONSIBILITY
5.1 No oral statements made by The Company or its employees form part of this Agreement. No failure or delay by The Company to exercise its rights under this Agreement will operate to reduce those rights.
5.2 It shall be the responsibility of the Hirer to arrange insurance for the Hirers goods for ‘all risks’ so as to impose no liability on The Company. The Hirer must not store any items which are irreplaceable and/or extremely valuable.
5.3 The company accepts no responsibility for any loss of or damage to goods stored in the storage unit no matter how arising including any loss or damage due to Fault on the part of The Company.
5.4 The Hirer agrees to indemnify The Company from all claims of personal injury whilst on The Companies property.
5.5 The goods are stored at Owners Risk and the responsibility of The Hirer, who shall be responsible for any and all theft, damage to and deterioration of goods and shall be the risk of any and all damage caused by flood or fire or leakage or overflow of water, heat spillage of material from any other storage unit, removal and delivery of the goods, pet or vermin or any other reason whatsoever including acts or omissions of The Company or persons under its control.
5.6 The Hirer shall be liable to The Company for making good any damage to the Unit caused by the Hirer or anyone acting through the Hirer, any other unit and any other part of the premises.
6. COMPLIANCE WITH LAWS
6.1 The Hirer shall comply with all relevant laws applicable to the use of the Unit and to the goods stored in the Unit. The Hirer shall be solely liable for any breach and all costs resulting from that breach.
6.2 If The Company believes at any time that the Hirer is not complying with any law, The Company may take any action that The Company believes to be necessary to ensure compliance, including inspection and cancellation under clauses 4.4 and 4.6. The company may also immediately dispose of or remove the goods at the Hirer’s expense and if appropriate, submit the goods to the relevant authorities.
7.1 The Hirer or The Company may terminate this agreement by giving the other party two (2) weeks’ notice in writing after the first month unless otherwise agreed. In the absence of acknowledgement by the Hirer, The Company may (but shall not be required to) give notice to the Alternate Contact Person.
7.2 Upon termination The Hirer must remove all goods in the storage unit and leave the storage unit in a clean condition and a good state of repair to the satisfaction of The Company on the date specified by The Company. The Hirer must first pay by Cash, Eftpos or bank transfer any storage fees or other monies owed to The Company (as calculated by The Company) up to the date of termination.
7.3 If The Hirer fails to settle any outstanding monies The Company may do all or any of the following.
7.3.1 Invoke the provisions of clause 3; and/or
7.3.2 Sue The Hirer
7.4 The Company shall be entitled to cancel this agreement in the event of lockouts, war, acts of God, or any other cause beyond the reasonable control of The Company. The Hirer shall have no claim whatsoever against The Company in consequences of any such cancellation.
7.5 The Company may cancel this Agreement without notice if the Hirer breaches clauses 4.4, 4.6 and 3.1.1