STORAGE TERMS AND CONDITIONS
These terms and conditions govern the Agreement between South Australian
Consolidation Centre Pty Ltd (ABN 63 123 906 990) trading as ‘The Storage Site’
of 469 Waterloo Corner Road Burton SA 5110 in the State of South Australia
(“the Company”) and the Customer.
WHEREAS:
A. The Company operates the premises comprised and described
in Certificate of Title Register Book Volume 5257 Folio 861, otherwise known as
469 Waterloo Corner Road Burton 5110 in the State of South Australia (“the
Premises”).
B. The Customer wishes to store Goods at the Premises.
C. The parties have agreed to the storage of Goods at the
Premises in the manner and on the terms and conditions hereinafter set out.
1. DEFINITION
AND INTERPRETATION
For the
purposes of this agreement, except for the context otherwise requires:-
1.1. AutoPay”
means a recurring payment in which The Company will charge the nominated debit
or credit card of the Customer
1.2. “Charges” means the
Company’s charges for storage calculated under its rate schedule published from
time to time, and the charges otherwise set out in this agreement, and any tax
including any goods and services tax in accordance with the A New Tax System (Goods & Services
Tax) Act 1999 levied directly on a transactional
supply under these conditions.
1.3. “Deposit” means the deposit, which will be
refundable at the end of the Term, subject to the Customer’s compliance with
the obligations of the Customer set out herein;
1.4. “Goods” means the goods stored by the Customer in
the Space;
1.5. “Make Good” means leaving the Space in the same
condition that it was as at the date of commencement of the Term of this
Agreement, including the removal of all locking devices, and clearing all of
the Goods and cleaning the Space and attending to any repair and damage to the
Space caused directly or indirectly by the Customer or its servants or agents
to the reasonable satisfaction of the Company;
1.6. “Payment Provider’s Direct Debit Request” means the
authority given herein by the Customer to the Company to debit the Customer’s
nominated account for the purposes of paying the Charges
1.7. “Space” means the area, in which the Company grants
the Customer the right to store the Goods, subject to the provisions of this
Agreement;
1.8. “Storage” means the whole of the storage operations
and services undertaken by the Company for the Goods but does not include
collection of the Goods or their re-delivery when taken out of Store.
1.9. “Term” means a continuous minimum period of 30 days,
which Term shall roll-over automatically for a further Term of 30 days until
terminated in accordance with the
provisions of this Agreement.
2. STORAGE BASIS
It is covenanted and agreed between the parties as follows:
2.1. subject to the provisions of this
Agreement, the Company licenses the Customer to undertake Storage of the Goods
in the Space, in accordance with this Agreement,
2.2. the Company may refuse to carry
out Storage of the Goods at its absolute discretion;
2.3. the term of the Storage period
is as set out in Item 4 of the Schedule hereto and at the end of that period,
will automatically rollover, until such time as it is terminated;
2.4. This Agreement may be
terminated by either the Company or the Customer at any time, by way of
notification;
2.5. the Storage shall continue
until the Goods have been removed from the Space by the Customer, and the
Charges shall continue to apply until the Goods have been removed and the Space
made good in accordance with these terms and conditions;
2.6. the Goods are stored entirely
at the risk of the Customer and the Company accepts no liability for the Goods
whatsoever or whensoever;
2.7. the Goods are stored strictly
on conditions of the disclosure by the Customer of a description of the Goods
2.8. the Company relies on the
details of description, of the Goods supplied by the Customer but the Company
cannot verify and does not admit their accuracy.
3. CUSTOMER’S
OBLIGATION
The
Customer must:
3.1. not tender for Storage any
volatile or explosive goods or goods which are or may become hazardous,
illegal, stolen, explosive, dangerous, flammable, environmentally harmful,
perishable, living, offensive (including radioactive material) or weapons,
which are or may become liable to damage any person or property without first
presenting to the Company a full written description disclosing the nature of
those goods;
3.2. not tender for Storage any
items which are irreplaceable;
3.3. use the Space solely and
exclusively for the purposes of storage and shall not carry on any business or
other activity, including reside, dwell or loiter in the Space and nor to do or
permit to be done anything which may be or become unlawful immoral or an
annoyance nuisance or damage to the Company or any other person in or in the
vicinity of the Premises or the Space and not to sleep or suffer anyone to
sleep in the Space;
3.4. not attach nails, screws
etc to any part of the Space, and must maintain the Space at all times by
ensuring it is clean and in a state of good repair, order and condition, and
must not damage or alter the Space without the written authorisation of the
Company;
3.5. notify the Company of any
changes of the address of other particulars (as set out in Item 2 hereto) of
the Customer;
3.6. on the expiration of the Term,
the Customer must remove the Goods from the Space, and pay any and all Charges
outstanding and make good in accordance with this Agreement
3.7. If any Charge is unpaid for
seven (7) days the Company may at any time either require the Customer to
remove the Goods, or remove the Goods and Make Good without any prior notice,
and in such removal and Making Good, the Company is unconditionally authorised
to access the Space by any means deemed reasonably necessary by the Company, at
the Customer’s cost in all things.
3.8. If in the Company’s opinion the
Goods are or are liable to become dangerous, inflammable, explosive, volatile,
offensive or damaging in nature, the Company may at any time at the Customer’s
cost in all things, destroy, dispose of, abandoned or render them harmless
without compensation to the Customer and without prejudice to the Company’s
rights to any charges.
3.9. Subject to the right of the Company
under this Agreement, unless or until all charges have been paid, a receipt is
signed by or on behalf of the Customer and the person applying for redelivery,
if not the Customer tenders a proper authority signed by the Customer the
Company does not have to make the Goods available to any person.
3.10. If any identifying document or
mark is lost, damaged, destroyed or defaced, the Company may open any document,
wrapping, package or other container which the Goods are placed or carried to
inspect them either to determine their nature or condition or to determine
their ownership.
4. CUSTOMERS,
WARRANTIES AND INDEMNITIES
The
Customer warrants:
4.1. it has fully and adequately
described the Goods, and complied with all applicable laws and regulations in
relation to the Goods, and their storage in the Space.
4.2. the Customer delivering the
Goods to the Company for storage is authorised to do so;
4.3. the Customer is authorised to
enter into this Agreement and accept these terms and conditions.
4.4. that neither the Customer, nor
any other person shall make any allegation or claim against the Company or any
other person about the storage of the Goods;
4.5. and the Customer indemnifies the Company
howsoever and whensoever from any loss, damage, expense, penalty, fine or
liability arising from a breach of these warranties, the Customer’s obligations
or these conditions.
5. EXCLUSION
The
Customer acknowledges and declares that:
5.1. the Company is not a bailee;
5.2. the Company has no liability to
the Customer in relation to any liability for any damages incurred howsoever or
whensoever in relation to the Goods, and any act, matter or thing which may
occur within the Space;
5.3. the Company has no duty of care
to the Customer for the Goods, and is not financially responsible howsoever or
whensoever in relation to the Goods.
6. CHARGES
The Customer agrees:
6.1. to pay the Charges as set out
in this Agreement, and agrees to be bound by the direct debit terms and
conditions as described in this Agreement and the Payment Provider’s Direct
Debit Request, and/or the Autopay Terms and Conditions;
6.2. that payment of the Charges
shall be made monthly in advance, and where the commencement date of the Term
is not the first day of a calendar month, the Charges will be assessed and
charged on a pro rata basis as a proportion of the total number of days in that
month, and will thereafter payable on the first day of each and every calendar
month during the Term, and any rollover of the Term, until termination;
6.3. to pay additional fees (being
bank charges or administrative charges incurred by the Payment Provider) for
any overdue or late payments;
6.4. that where there is default by
the Customer, pay the Company any charges or expenses non recouped out of the
Deposit, and/or proceeds of sale of the Goods under this Agreement, but
reserving unto the Company the right to recover any loss not otherwise
recouped;
6.5. to pay the Company’s expenses
and charges to comply with any law or regulation or any order or requirement
made under them;
6.6. to pay where requested, or
where the Company is obliged consequent upon the Customer’s default of its
obligations under this Agreement for the supply of labour or machinery or both
to load or unload the Goods or otherwise deal with the Goods at such rates as
the Company may determine from time to time on an actually incurred basis.
6.7. to pay the cost, expense or
loss to the Company of removal, destruction or disposal of the Goods or any
other costs or expense incurred by the Company under this Agreement;
6.8. to compensate the Company for
any cost, expense or loss to the Company’s property or any person caused by the
Goods, or the Customer’s failure to comply with the Customer’s obligations
under this Agreement;
7. UNDERCHARGES
7.1. The Company will not refund any
payment for charges under any circumstances.
7.2. The Company’s quoted Charges
represent the exclusive value of the supply for GST purposes.
8. LIEN
8.1. The Company has a general lien
on the Goods and on any other goods of the Store if all Charges due or which
become due on any account whether for Storage of the Goods or any other goods
or any other service provided by the Company.
8.2. If the Charge is not paid when
due or the Goods are not collected when so required or designated, the Company
may, without notice and, in the case of perishable goods immediately:-
8.2.1. remove all or any of the Goods and
store them as the Company seems fit at the Customer’s risk and expense in all
things, or
8.2.2. open and sell at its discretion all
or any of the Goods if the Company thinks fit and apply the proceeds to discharge
the lien and costs of sale without being liable to any person for any loss or
damage cause.
8.3. The Company may deduct or set
off from any monies due from the Company to the Customer under any contract,
debts and monies due from the Customer to the Company these conditions or under
any contract.
8A. ABANDONED
GOODS
8A.1. For the purposes of this clause
‘Abandoned Goods’ means the Goods not being collected by the Customer within
seven (7) days of the date of expiry of the Term.
8A.2. the Company may remove, deal with and dispose of any items of the Abandoned Goods left in the Space at the end of the Term or the sooner determination of this Lease in such manner as the Company chooses and at the Customer’s cost.
8A.4. In the event that the Company sells or otherwise receives a monetary amount for the disposal of the Abandoned Goods, the Company will pay to the Customer on demand any amount received for the Abandoned Goods less:
8A.4.1. any costs incurred by the Company in their
disposal;
8A.4.2. any amounts applied by the Company to
satisfy any unpaid Charges and interest, at the rate of 10% per annum, adjusted
daily; and
8A.4.3. such amount the Company reasonably
estimates may be necessary to rectify any breach by the Customer (including
Making Good)
8A.5. The Company is not liable to
the Lessee for any resulting loss or damage to the Abandoned Goods, or any
surplus funds consequent upon any sale.
8A.6. Upon the Goods being deemed to
be Abandoned Goods by the Company, then the Company shall also be entitled to
retain the Abandoned Goods or any component thereof (in which event, property
in the Goods will vest in the Company), without any obligation to account to
the Customer whatsoever.
9.1. If the Company is liable for
damages to or loss of the Goods or any part of the Goods, no claim for the loss
or damage may be made unless notice of the claim is lodged in writing within
seven (7) days from the date of removal of the Goods.
9.2. The Failure to notify a claim
within the time under this clause is evidence of satisfactory performance by
the Company of its obligations.
9.3. Despite any other condition
except Clause 9 hereof, the Company will be discharged from any liability for
loss or damage or the storage of the Goods unless an action is brought within
six (6) months of the date of removal of the Goods from storage.
10. EXCLUSION
OF LIMITATIONS
10.1. The Company excludes from these
conditions all conditions, warranties and terms implied by statute, general law
or custom.
10.2. The Company excludes all liability
to any person, including the Customer, for acts or omissions of the Company in
tort (including negligence or conversion), contract, bailment or otherwise for
the loss of, damage to or deterioration or contamination of the Goods, or any
delay or other failure arising out of the storage or these conditions.
10.3. The Company excludes all liability
for, and the Customer releases and indemnifies the Company against all loss,
damage, costs and expenses from any claim by any person in tort (including
negligence and conversion), contract, bailment or otherwise for loss or damage
to any property, injury to, or death of any person arising out of any actions
or omissions of the Company or any or all of the Goods, storage, any delay or
other failure to supply the storage or these conditions.
10.4. The exclusions, releases and
indemnities in Clause 9.2 and 9.3 extend to loss of profits, business or
anticipated savings or any other indirect or consequential damage and to
economic loss and even if the Company knows they are possible or otherwise
foreseeable.
10.5. These conditions apply in all
circumstances arising from a fundamental breach of contract or breach of a
fundamental term.
10.6. The Company, in addition to acting
for itself, also acts as agent of and trustee for each of its servants, agents
and sub-contractors so they are entitled to the full benefit of these
conditions, including any exclusions or limitations of liability, to the same
extent as the Company.
10.7. Even if the Company breaches a
storage contract or any of these conditions, or the rights, immunities and
limitations of liability in these conditions continue to have their full force
and effect in all the circumstances.
11. RETAIL
AND COMMERCIAL LEASES ACT NOT TO APPLY
Consequent
upon this transaction not constituting a lease, rather a license, the Customer
acknowledges and agrees that the provisions of the Retail and Commercial Leases
Act 1995 do not apply to this transaction, or to the Space.
12. JURISDICTION
These
conditions are governed and must be construed under the laws of the State of
South Australia.
13 SEVERABILITY
If a
condition or part is unenforceable the unenforceability does not affect or any
other part of the condition or any other condition.
14. VARIATIONS
AND WAIVER
14.1. The Company is not bound by any
waiver, discharge or release of the condition or any agreement which varies
these conditions unless it is in writing and signed for the Company by an
authorized office.
14.2. If the Company waives a breach of
a condition the waiver does not operate as a waiver of another breach of the
same or any other condition or as a continuing waiver.
15. NOTICES
Any
notice required to be given hereunder by either party to the other shall be
given in writing and either personally served on a responsible officer or the
party to whom it is given or mailed, posted, prepaid or sent by electronic
transmission or email to the address or addresses as stipulated in this
Agreement.
16. GOODS
AND SERVICES TAX
The
Customer must pay any goods and services tax in relation
to any charges herein.
17. OTHER
TERMS AND CONDITIONS
A breach of these terms and conditions will be deemed a breach of the Direct Debit Service Agreement and/or the Autopay Terms and Conditions.
DIRECT
DEBIT SERVICE AGREEMENT
1. Background
1.1. “Direct Debit” means an automatic transaction
that transfers money from your bank account to the account as nominated by the
Company from time to time.
1.2. This Direct Debit Service Agreement
(“Agreement”) outlines our commitment to you as a customer that has set up a
Direct Debit with South Australian Consolidation Centre Pty Ltd (ABN 63 123 906
990) trading as ‘The Storage Site’ (“Company”) and your rights and responsibilities
while the Direct Debit remains in place.
1.3. This Agreement applies to you where you have
signed up for a storage agreement, terms of which require you to pay your
storage fees by Direct Debit. This Agreement supersedes any prior payment
arrangements you have entered into with us for these products.
2. Customer Authorisations
2.1. You authorise:
2.1.1. The Company to arrange for funds to be
credited or debited from your nominated account (the details of which you
provided to us as part of the sign-up process on the website of the Company),
an amount that is determined in accordance with the Storage Agreement
(including but not limited to any change in the charges for goods and services
provided), which The Storage Site may debit or charge you through the Bulk
Electronic Clearing System (BECS) until further notice in writing.
2.1.2. The Company to verify the details of your
nominated account with your financial institution.
2.1.3. Your financial institution to release
information allowing The Company to verify your nominated account.
2.2. This authorization is to remain in force in
accordance with the terms described in this Agreement.
3. Process
3.1. The Company may change or cancel this
Agreement.
3.2. The Company will provide you the Customer with
at least 14 days prior written notice if it elects to change any terms of this
agreement.
3.3. The Company may also cancel your Direct Debit
without further notice if the Company are unsuccessful in debiting your account
for one or more consecutive storage fee invoices.
3.4. The Company will keep all information about
your nominated account private and confidential and will only to be disclosed
at your request or that of your financial institution in connection with a
claim made about an alleged incorrect or wrongful debit.
3.5. The Company will deduct payment, to a maximum
of the amount due on your account at the due date of your Direct Debit unless
otherwise agreed with you.
3.6. Where the Direct Debit due date falls on a
non-working day or a national public holiday, the Company will deduct the
payment amount on the next business day.
3.7. If you have an amount outstanding on your
account on the date the Direct Debit starts, the Company will deduct that
amount on or after that date, which may be before the first due date of your
Direct Debit, unless otherwise agreed with you.
3.8. The
Company will stop your Direct Debit in respect of your relevant product:
3.8.1. after your final bill has been paid if you
stop being our customer; or
3.8.2. if the Company stop providing you storage
services and your account has been paid in full.
4. Customer rights and obligations
4.1. You must:
4.1.1. ensure that your account information
supplied to us is correct by checking it against a recent statement from your
financial institution or, if uncertain, directly with your financial
institution;
4.1.2. ensure the bank account nominated by you
can accept Direct Debits through the Direct Debit through Bulk Electronic
Clearing System (BECS) for electronic debit and credit payment
instructions;
4.1.3. ensure sufficient funds are available in
the nominated account to meet a payment on its due date; and
4.1.4. provide the Company with at least 10
business days before your next Direct Debit due date to notify us of any change
you wish to make to your account or personal details.
4.2. You may stop a single Direct Debit payment by
notifying us at least 10 business days before your next Direct Debit due date.
4.3. If this Agreement is terminated (whether by
you, us or your financial institution) you must pay all amounts due on your
account on the due dates for those amounts using a suitable alternate payment
method.
4.4. Your Direct Debit automatically terminates on
the termination date of your storage agreement.
5. Fees
and Charges
5.1. The Company will notify you of any return
unpaid transactions and any applicable fee (plus GST) will be added to your
account.
5.2. If your nominated account has insufficient
funds to cover a payment you are responsible for any costs the Company incur as
a consequence of covering payment.
6. Other
Terms and Conditions
A breach of this Debit Service Agreement will be deemed a breach of the Storage Agreement and/or the Autopay Terms and Conditions;
AUTOPAY TERMS &
CONDITIONS
1. Background
1.1. “AutoPay” means a recurring payment in which
The Company will charge your nominated debit or credit card (“card”).
1.2. This AutoPay Agreement (“Agreement”) outlines
the commitment of the Company to you as a Customer that has set up AutoPay with
the South Australian Consolidation Centre Pty Ltd (ABN 63 123 906 990) trading
as ‘The Storage Site’ (“Company”), and your rights and responsibilities whilst
the AutoPay remains in place.
1.3. This Agreement applies to you where you have
signed up for a storage agreement, terms of which require you to pay your
storage fees by AutoPay. This Agreement supersedes any prior payment
arrangements you have entered into with us for these products.
2. Customer
Authorisations
2.1. You the Customer authorise:
2.1.1. the Company to arrange for funds to be
credited or debited:
2.1.1.1. From your nominated card (the details of which
you provided to us as part of the sign-up process on our website;
2.1.1.2. For an amount determined in accordance with the
storage agreement (including but not limited to any change in the charges for
goods and services provided), which the Company may debit or charge you through
the Bulk Electronic Clearing System (BECS) until further notice in writing.
2.1.2. the Company to verify the details of your
nominated card with your financial institution.
2.1.3. your financial institution to release
information allowing the Company to verify your nominated card
2.2. This authorisation is to remain in force in
accordance with the terms described in this Agreement.
2.3. You acknowledge that any card issued to you in
renewal or replacement of your existing card will be part of this Agreement.
3. Company
Process
3.1. The Company may change or cancel this
Agreement.
3.2. The Company will provide you with at least 14
days prior written notice if the Company change any terms of this Agreement.
3.3. The Company may also cancel your AutoPay
without further notice if the Company are unsuccessful in debiting your card
for one or more consecutive storage fee invoices.
3.4. The Company will keep all information about your nominated card private and confidential in accordance with the privacy policy of the Company and will only to be disclosed at your request or that of your financial institution in connection with a claim made about an alleged incorrect or wrongful debit.
3.5. The
Company will deduct payment, to a maximum of the amount due on your account at
the due date of your AutoPay unless otherwise agreed with you.
3.6. Where the AutoPay due date falls on a
non-working day or a national public holiday, the Company will deduct the
payment amount on the next business day.
3.7. If you have an amount outstanding on your
account on the date the AutoPay starts, the Company will deduct that amount on
or after that date, which may be before the first due date of your AutoPay,
unless otherwise agreed with you.
3.8. The Company will stop your AutoPay in respect
of your relevant product:
3.8.1. After your final bill has been paid if you
stop being our customer; or
3.8.2. If the Company stop providing you storage
services and your account has been paid in full.
4. Customer
rights and obligations
4.1 You the Customer must ensure that:
4.1.1. your card details supplied to us are
correct by checking it against a recent statement from your financial
institution or, if uncertain, directly with your financial institution;
4.1.2. the card nominated by you can accept
AutoPay;
4.1.3. the bank account nominated by you can
accept AutoPay through the AutoPay through BECS is not available on all
Financial Institution accounts;
4.1.4. sufficient funds are available in the
nominated card to meet a payment on its due date; and
4.2. You the Customer must provide the Company with
at least 10 business days before your next AutoPay due date to notify us of any
change you wish to make to your card or personal details.
4.3. You the Customer may stop a single AutoPay
payment by notifying the Company at least 10 business days before your next
AutoPay due date.
4.4. Your AutoPay automatically terminates on the
termination date of your storage agreement.
4.5. If this Agreement is terminated (whether by
you, us or your financial institution) you must pay all amounts due on your
account on the due dates for those amounts using a suitable alternate payment
method. Contact us to find other available payment methods.
5. Fees
and Charges
5.1. The Company will notify you
of any return unpaid transactions and any applicable fee (plus GST) will be
added to your account.
5.2. If your nominated card has
insufficient funds to cover a payment you are responsible for any costs the
Company incur as a consequence of covering payment.
6. Other
Terms and Conditions
A breach of these Autopay Terms
and Conditions will be deemed a breach of the Storage Agreement and/or the
Debit Service Agreement.