SOUTH WAIRARAPA STORAGE – SELF STORAGE TERMS AND CONDITIONS



STORAGE

  1. The Storer:
    (a) acknowledges that the only service South Wairarapa Storage 2021 Ltd (SWS) is providing to the storer is a licence to use space allocated to the storer by South Wairarapa Storage 2021 Ltd for the sole purpose of storing goods and that no other goods or services are provided or responsibilities are taken by SWS Ltd.
    (b) is deemed to have knowledge of the goods in the Space.
    (C) Acknowledges that the agreement does not grant the storer a lease or interest in the space
  2. The Facility Owner: South Wairarapa Storage 2021 Ltd (which term includes its directors, employees and agents):
    (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 does a warehouseman of the goods and the storer acknowledge that the owner does not take possession of the goods.

 

COSTS

  1. The Storer must upon signing the Agreement pay to the Facility Owner:
    (a) one month’s storage fee in advance.
  2. The Storer must pay
    (a) the storage fee being the amount indicated in this agreement or the amount notified to the Storer in writing by South Wairarapa Storage 2021 Ltd from time to time. The Storage Fee is payable in advance and it is the Storer’s responsibility to ensure that payment is made directly to South Wairarapa Storage 2021 Ltd, on time, in full, throughout the period of storage. South Wairarapa Storage 2021 Ltd will not send a monthly invoice to the Storer unless otherwise agreed in writing.
    (b) The Cleaning Fee, as indicated on the front on this Agreement, is payable on demand at South Wairarapa Storage 2021 Ltd.’s discretion.
    (c) The Late Payment Fee, which becomes payable each time a storage payment is late as indicated on the front of this agreement.
    (d) any Costs or Expenses incurred by South Wairarapa Storage 2021 Ltd in collecting late or unpaid Storage Fees, maintaining the Goods, selling the Goods in enforcement of lien, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, advertising, and/or the default action (including legal costs on client/solicitor basis) costs.

FAILURE TO PAY

  1. 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 South Wairarapa Storage 2021 Ltd by the storer. In the event of the storage fee not being paid in full within the re-entry period, SWS Ltd may enter the space and may at the their sole discretion do any one or more of the following:

  1. Sell the goods by private arrangement or public auction to defray any unpaid storage fee, cleaning fee, late payment fee or cost associated with deposal of the goods: and/or
  2. Dispose of the goods in any other manner, whether for value or not, as South Wairarapa Storage 2021 Ltd sees fit.

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

  1. First to pay the costs of and associated with the sale or disposal of the goods.
  2. Second, all storage fees and other fees owed to South Wairarapa Storage 2021 Ltd and any other costs incurred by South Wairarapa Storage 2021 Ltd in connection with re-entering the space and selling or disposing of the goods
  3. Any excess will be sent to the storer

ACCESS AND CONDITIONS:

  1. The Storer:
    (a) has the right to access the space only during Access Hours as posted by South Wairarapa Storage 2021 Ltd.
    (b) must not store any goods that are dangerous, hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;
    (c) will use the space solely for the purpose of storage and shall not carry on any business or other activity in the Space;
    (d) must not attach nails, screws etc. to any part of the space and 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 South Wairarapa Storage 2021 Ltd.’s consent; in the event of uncleanliness of or damage to the space or SWS, SWS Ltd will be entitled to charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required.

(e) Ensure goods are dry, clean, free form vermin and food scraps when placed in the space.

(f) cannot assign this agreement
(g) must give Notice to the South Wairarapa Storage 2021 Ltd in writing of the change of address of the Storer or the Alternate Contact Person within 48 hours of any change;
(h) grants South Wairarapa Storage 2021 Ltd entitlement to discuss any default by the Storer with the Alternate Contact Person registered on the front of this Agreement.

  1. South Wairarapa Storage 2021 Ltd may refuse access to the Space by the Storer where money is owing by the Storer to the South Wairarapa Storage 2021 Ltd, whether or not a formal demand for payment of such money has been made.
  2. South Wairarapa Storage 2021 Ltd reserves the right to relocate the Storer to another Space at South Wairarapa Storage 2021 Ltd’ sole discretion without reference and/or explanation to the Storer.

 

RISK & RESPONSIBILITY

  1. No oral statements made by South Wairarapa Storage 2021 Ltd or its employees shall form part of this Agreement, and no failure or delay by South Wairarapa Storage 2021 Ltd to exercise its rights under this Agreement will operate to waive those rights.
  2. If the storer is using the space for the purpose of business storage, then the guarantees and remedies of the consumer guarantees act 1993 (‘the act”) are excluded.
  3. If the act applies the storer acknowledges in accordance with clause 1 a. that South Wairarapa Storage 2021 Ltd is only providing a licence to use the space provided by the owner for the sole purpose of storing goods and that there are no other goods and services that are provided by South Wairarapa Storage 2021 Ltd. In particular, no other undertakings or commitments are given or undertaken by South Wairarapa Storage 2021 Ltd whether in tort, contract or other legal principle.
  4. The provisions of the act are not contracted out of by the South Wairarapa Storage 2021 Ltd, but because only a licence to occupy the space is provided by South Wairarapa Storage 2021 Ltd, 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 acts or omissions of South Wairarapa Storage 2021 Ltd or persons under its control.

  1. The only person who can make deliveries and removals from the space is the storer UNLESS the storer gives personal or telephone instructions to South Wairarapa Storage 2021 Ltd. The storer must identify himself or herself by use of a password (if any) and name the persons(s) authorised by the storer to enter the space.
  2. Unless specifically covered by insurance, the storer must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, and works of art and items of personal sentimental value.
  3. The storer agrees to indemnify South Wairarapa Storage 2021 Ltd from all claims in contract, tort or otherwise for any loss or damage to the property of or personal injury to:
  4. Third parties: and /or
  5. the true owner of the goods stored in the space resulting from or incidental to the use of the space by the storer.

COMPLIANCE WITH LAWS

  1. The storer acknowledges and agrees to comply with all relevant laws, applicable to the use of the space. This includes laws relating to the material which is stored, and the manner in which it is stored. Liability for all breach of such laws rests absolutely with the storer, and includes all costs resulting from such breach.
  2. If South Wairarapa Storage Ltd believes at any time in its discretion that the storer is not complying with any law South Wairarapa Storage 2021 Ltd may take any action South Wairarapa Storage 2021 Ltd believes to be necessary to so comply, including inspection and termination under clauses 19 and 20. South Wairarapa Storage 2021 Ltd may also immediately dispose of or remove the goods at the storer’s expense and submit the good to the relevant authorities.

INSPECTION AND ENTRY BY THE OWNER

  1. Subject to clause 19 the storer consents to inspection and entry of the space by South Wairarapa Storage 2021 Ltd on 5 written days of notice.
  2. In the event of an emergency, that is where South Wairarapa Storage 2021 Ltd believes that laws are being broken or where property, the environment or human life is, in the opinion of South Wairarapa Storage 2021 Ltd, threatened, South Wairarapa Storage 2021 Ltd may enter the space using all necessary force without the written consent of the storer. South Wairarapa Storage 2021 Ltd will notify the storer as soon as practicable. The Storer irrevocably consents to such entry.

TERMINATION

20a. either party may terminate this agreement by giving the other party written notice as indicated on the front of this agreement, or, in the event of South Wairarapa Storage 2021 Ltd not being able to contact the storer, the alternative contact person on the front of this agreement.

  1. In the event of illegal or environmentally harmful activities on the part of the storer South Wairarapa Storage 2021 Ltd may terminate the agreement without notice.
  2. Upon termination, the storer must remove all goods in the space and leave the space in a clean condition and in a good state of repair to the satisfaction of South Wairarapa Storage 2021 Ltd on the date specified. The storer must pay any outstanding moneys and any expenses on default or other moneys owed to South Wairarapa Storage 2021 Ltd up to the date of termination, or clause 5b will apply. Any calculation of the outstanding fees will be by South Wairarapa Storage 2021 Ltd and such calculation will be final. If South Wairarapa Storage 2021 Ltd enters the space under clause 5b and there are no goods stored there, South Wairarapa Storage 2021 Ltd may terminate the agreement immediately, but South Wairarapa Storage 2021 Ltd will send written notification to the storer within 7 days.

NOTICE

  1. Notices will usually be given in writing and left at, posted to or emailed to the address of the storer or South Wairarapa Storage 2021 Ltd. The storer may also give notice over the telephone. In the event of not being able to contact the storer, notice is deemed to have been given to the storer if South Wairarapa Storage 2021 Ltd gives or make reasonable attempts to give notice by postage, delivery to the address or email to the alternative contact person as identified on the front of this agreement