1. The Storer:
(a) may store Goods in the Space allocated to the Storer by the Facility Owner (“FO”), and
only in that Space;
(b) has knowledge of the Goods in the Space;
(c) warrants that they are the owner of the Goods in the Space, and/or are entitled at law to
deal with them in accordance with all aspects of this Agreement.
2. The FO:
(a) does not have and will not be deemed to have, knowledge of the Goods;
(b) is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the
FO does not take possession of the Goods;
(c) claims a contractual lien over the Goods in the event any moneys are owing under the
3. The Storer must upon signing the Agreement pay to the FO:
(a) the Storage Fee being the amount indicated in this Agreement or the amount notified to
the Storer by the FO from time to time. The Storage Fee is payable in advance and it is the
Storer’s responsibility to see that payment is made directly to the FO on time, and in full,
throughout the period of storage. The FO does not normally bill for fees. Any Storage Fees
paid by direct deposit/direct credit will not be credited to Storer’s account unless the Storer
identifies the direct payment clearly and as reasonably directed by the FO. The FO 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 paymen t;
(b) the Cleaning Fee, as indicated on the front on this Agreement, is payable at the FO’s
(c) a Late Payment Fee, as indicated on the front on this Agreement, which becomes
payable each time a payment is late;
(d) any reasonable costs incurred by the FO 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 costs.
4. 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
5. (a) Notwithstanding clause 22, and subject to clause 5 (b), 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 42 days of the due date, the FO may, enter the Space, by force or
otherwise, and sell or dispose of any Goods in the Space on such terms that the FO may
determine (“Default Action”). For the purposes of the Personal Property Securities Act 2009,
the FO is deemed to be in possession of the Goods from the moment the FO accesses the
Space. The Storer consents to and authorises the sale or disposal of all Goods regardless of
their nature or value. The FO 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
the FO, default on either Space authorises the FO to take Default Action against all Spaces.
(b) At least 14 days before the FO can take any Default Action the FO will provide the Storer
with Notice that the Storer is in Default. The FO will provide the Storer with reasonable time
to rectify the Default before any Default Action is taken.
(c) If the FO reasonably believes it is a health and safety risk to conduct an inventory of
Goods in the Space, subject to the FO providing the Storer with reasonable prior notice to
pay outstanding moneys and collect the goods, the FO may dispose of some or all of the
Goods without undertaking an inventory. Further, due to the inherent health and safety risks
in relation to undertaking any sale or disposal of Goods whereby the FO must handle the
Storer’s Goods, the FO need not open or empty bags or boxes to undertake an inventory or
assess the contents therein, and may elect to instead dispose of all bagged and/or boxed
items without opening them.
RIGHT TO DUMP:
6. If, in the reasonable opinion of the FO, a defaulting Storer’s Goods are either not saleable,
fail to sell when offered for sale, may pose a health risk to staff or the public if handled, or
are not of sufficient value to warrant the expense of attempting to sell, the FO may dispose
of all Goods in the Storer’s Space by any means.
7. Further, upon Termination of the Agreement (Clause 22) by either the Storer or the FO, in
the event that a Storer fails to remove all Goods from their Space or the Facility the FO 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. The FO will give 7 days’ notice of intended
8. Any items deemed left, in the FO’s reasonable opinion, unattended in common areas or
outside the Storer’s Space at any time may at the FO’s reasonable discretion be sold,
disposed, moved or dumped immediately and at the expense and liability of the Storer.
ACCESS AND CONDITIONS:
9. The Storer:
(a) has the right to access the Space during Access Hours as posted by the FO 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 acceptable to the FO, and where
applicable will secure the external gates and/or doors of the Facility. The Storer is not
permitted to apply a padlock to their Space in the FO’s 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, illegal, stolen, inflammable, 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 and items of personal sentimental value and/or any items that
are worth more than $2,000AUD 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 in the Space;
(f) 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 the FO’s consent; in the event of uncleanliness of or damage to the Space or Facility
the FO will be entitled to charge a cleaning fee, and/or full reimbursement from the Storer to
the value of the repairs and/or cleaning;
(g) cannot assign this Agreement;
(h) must give Notice to the FO in writing of the change of address, phone numbers or email
address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any
(i) grants the FO entitlement to discuss any default by, and any information it holds regarding
the Storer, with the ACP registered on the front of this Agreement. Further, where the FO
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,
the FO may allow the ACP to remove the Goods on such terms as agreed between the FO
and the ACP without the need for further consent from the Storer;
(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
10. In addition to clause 5, the FO has the right to refuse access to the Space and/or the
Facility by the Storer where any monies are owing by the Storer to the FO, where a demand
or notice relating to payment of such monies has been made.
11. The FO will not be liable for any loss or damages suffered by the Storer resulting from
any inability to access the Facility or the Space.
12. The FO 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.
13. The FO 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 opinion of the FO, severely
damaged or dangerous to the Facility, any persons, or other Storer’s and/or their Goods.
Where practicable, the FO will provide the Storer with reasonable notice and an opportunity
to review the Goods before the Goods are disposed of.
14. The Storer acknowledges that it has raised with the FO all queries relevant to its
decision to enter this Agreement and that the FO 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 the FO, been reduced to writing and incorporated into the terms
of this Agreement.
14A. 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 code).
RISK AND RESPONSIBILITY:
15. The FO’s 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.
16. Where loss, damage or injury is caused by the Storer, the Storer’s actions or the Storer’s
Goods, the Storer agrees to indemnify and keep indemnified the FO from all claims for any
loss of or damage to the property of, or personal injury to or death of the Storer, the Facility,
the FO or third parties 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 and/or
accessing the Facility.
17. Certain laws may apply to the storage of goods including criminal, bankruptcy, liquidation
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, and the manner
in which it is stored. Such liability and responsibility rests with the Storer, and includes any
and all costs resulting from such a breach.
18. If the FO reasonably believes that the Storer is not complying with all relevant laws the
FO may take any action as it reasonably believes to be necessary, including the action
outlined in clauses 20 & 22, 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, including where in the FO’s reasonable opinion the Storer is engaging in illegal
activity in relation to the storage of the Goods. No failure or delay by the FO to exercise its
rights under this Agreement will operate to waive those rights.
INSPECTION AND ENTRY BY THE FO:
19. Subject to clause 20 the Storer consents to inspection and entry of the Space by the FO
provided that the FO gives 14 days’ Notice.
20. 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, in the reasonable opinion of the FO, threatened,
the FO may enter the Space using all necessary force without the consent of the Storer, but
the FO shall thereafter notify the Storer as soon as practicable. The Storer consents to such
20A. The Storer agrees that in circumstances where the FO reasonably suspects a breach
of the law or damage to the facility, the FO 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 the FO to take any action authorised under this
Agreement, including terminating the Agreement and/or cooperating with law enforcement
agencies and other authorities.
21. Notice will usually be given by email or SMS, or otherwise will be left at, or posted to, or
faxed to the address of the Storer. In relation to the giving of Notice by the Storer to the FO,
Notice must be in writing and actually be received to be valid, and the FO 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 the FO if the FO 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
22. 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
period indicated on the front of this Agreement. In the event of any activities reasonably
considered by the FO to be illegal or environmentally harmful activities on the part of the
Storer the FO may terminate the Agreement without Notice. The FO 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 FO. In the event that Goods are left in the Space after the Termination
Date, clause 7 will apply. The Storer must pay any outstanding Storage Fees and any
expenses on default or any other moneys owed to the FO up to the Termination Date, or
clauses 5, 6 or 7 may apply. Any calculation of the outstanding fees will be by the FO. If the
FO enters the Space for any reason and there are no Goods stored therein, the FO may
terminate the Agreement without giving prior Notice, but the FO will send Notice to the
Storer within 7 days.
23. 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.
24. 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