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Storage Agreement

1. Interpretation

In these conditions:
“QLD storage means QLD Storage Pty Ltd, trading as the party entitled to possession of the premises at which the vehicles and their contents and it’s successor assigns. “You” and “Your” refers to the person (including a corporation ) named as their successors and permitted assigns; and if there is more than one, it refers to each severally and any two or more jointly. “Stored possessions” means any caravan, motor home, boat, trailer, motor vehicle, etc. and it’s contents which you bring onto the Premises for storage, or any property you bring onto the Premises for the purposes of storage inside a storage container. “Premises” means the Premises of QLD Storage at which your vehicle is located. “Storage Fees” means the storage fees as outlined in the storage agreement. “Online” or “On our Website” Means any paying for or utilizing our services on our website, at http://qldstorage.com.au.

2. Storage

Qld Storage gives you a license to store your vehicle or another vehicle, or your property if you are hiring a storage container, during the initial storage period set out in the storage agreement and after then a license to store your vehicle or any other substituent, or your property, subsequent or additional vehicle which you many lodge in storage from time to time, on a month to month basis until terminated by either party in accordance with this Agreement (“Storage Period”).

3. Responsibility for Your Stored possessions

  1. (Responsibility for Your Stored possessions ) at all times (including when your Stored possessions are in storage ) Your Stored possessions is:
    1. in Your (and not Qld Storage’s ) possession and control;
    2. taken to be within Your ( and not Qld Storages’s ) knowledge;
    3. At your risk in all respects
  2. (Qld Storage’s knowledge) Qld Storage does not and shall not be deemed to have knowledge of Your Stored possessions and you acknowledge and agree that Qld Storage is not a bailee or warehouseman of Your Stored possessions nor does Qld Storage have possession of Your Stored possessions at any time.
  1. (Access hours)Subject to clauses 5.2 and 5.3 You may access the Premises during the opening hours on the Premises or as otherwise notified by Qld Storage.(“Access Hours”).
  2. (Emergency Access) You may only access the Premises outside the Access Hours with QLD storage’s consent which may be given or withheld at Qld Storage’s sole and unfettered discretion.
  3. (Refusal of Access) Qld Storage may (without being obliged to do so )refuse You or any other person access to the Premises (including after this Agreement has been terminated for any reason) if:
    1. You have not completed any of Your obligations under this Agreement whether or not any formal demand or notice has been given, or
    2. You or the other person do not produce identification and/or evidence satisfactory to Qld Storage to show You or the other person are entitled to access
  4. (Obligations During Refusal of Access) Your obligations under this Agreement (including payment of the Storage Fee to Qld Storage) continue until termination of this Agreement, even though You may not have access to the Premises for all or part of the Storage Period.
  5. (Access by Unauthorised Person) QLD Storage is not responsible for any unauthorised entry by any person to the Premises.

6. Your obligations

  1. (Securing your Stored possessions) You are solely responsible for securing Your Stored possessions in a manner reasonably satisfactory to Qld Storage
  2. (Prohibited Goods) Your Stored possessions must not contain any prohibited or dangerous goods or any animal or any thing which is hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable, or which in the reasonable opinion of Qld Storage may cause harm to any person, property or the environment.
  3. (Insurance) Unless Qld Storage otherwise agrees you must keep your Stored possessions insured on terms reasonably satisfactory to Qld Storage and provide evidence of the insurance to Qld Storage whenever requested by Qld Storage. Your agree to waive any right of subrogation. You may otherwise have in relation to insurance of the Stored possessions.
  4. (nuisance) You must not cause any inconvenience or nuisance to any other person using the Premises.
  5. (Compliance with Laws) You must at your cost comply with all Laws applying to your Stored possessions and the Storage of Stored possessions.
  6. (Change in Details) You must immediately notify Qld Storage of any change to your address or contact details.

7. Release & Indemnity

  1. (You release and indemnify Qld Storage.) You (for all time and despite any earlier termination of this Agreement):
    1. release Qld Storage (and its employees and agents) against, any costs, expenses, damages, claims, action or liability whatsoever, arising (whether in contract, tort, under statue, or otherwise) from or in connection with,
      1. loss or damage to Your Stored possessions however caused
      2. Qld Storage either refusing you Access to the Premises and Your Stored possessions or terminating this Agreement in accordance with this Agreement’ or
      3. Loss or damage to any property (including Qld Storage’s property) or death of or injury to any person caused an contributed to by:
        1. Your Stored possessions
        2. You or any other person accessing the Premises with Your authority or consent.

8. Termination

  1. (Termination by Notice) Either Your or Qld Storage may terminate this Agreement at any time after the Initial Storage Period by giving not less than 7 days notice of termination to Qld Storage. Qld storage shall be entitled to retain on a pro rata basis part of or all of any Storage Fees paid in advance in lieu of such notice.
  2. (Termination by Default) If you fail to comply with any of Your obligations under this Agreement after Qld Storage gives you 7 days notice requiring you to comply, Qld Storage may immediately terminate this Agreement by notice to You, and may, without further notice, retain Storage Fees paid and take possession of and deal with Your Stored possessions as Abandoned Goods under Clause 9.2.
  3. (Your obligations on Termination) On Termination of this Agreement You must immediately
    1. (Pay all Fees) Pay to Qld Storage any amounts which you owe to Qld Storage
    2. (Removal of your Stored possessions)Remove Your Stored possessions from the premises
  4. (Refund of Advance Payments) Upon Your request following termination, Qld Storage shall refund to You within a reasonable period of time the amount of Storage Fees paid by You in advance for future whole months not yet expired less any amount Qld Storage is entitled to claim from you.

9. Abandoned Goods

  1. (Abandonment of Your Stored possessions) If at any time You fail to:
    1. pay Qld Storage any amount due and owing to it by You; or
    2. remove Your Stored possessions when required under this Agreement, within 7 days after Qld Storage gives You notice requiring You to remedy that failure, Your Stored possessions will be taken to be Abandoned Goods for the purpose of this clause.
  2. (Dealing with Abandoned Goods) You agree
    1. Qld Storage may (in it’s absolute discretion and without being obliged to do so) arrange
      1. the disposal of
      2. alternative storage of’ or
      3. the sale of any of Your abandoned Goods on such terms as Qld Storage (in it’s absolute discretion) decides.
    2. You must indemnify Qld Storage for all costs, expenses, damages, claims, action or liability whatsoever arising from or in connection with Qld Storage exercising it’s rights under paragraph (a).
    3. Qld Storage shall pay You the amount received by it from the sale of Your abandoned Goods less any amounts you owe Qld Storage( including without limitation any other fees) within 30 days after Qld Storage receives the amount

10. Notices

  1. (Services of Notices) All notices served by you or Qld Storage under this agreement must be in writing and in the case of notices to You may be delivered, posted or emailed to the respective address or email address You set out in the Storage Agreement or such other address or email address notified by You to Qld Storage specifically for the purpose of this clause.
  2. (Deemed Notice) Any notice given under this Agreement is deemed to have been given the day after the notice has been delivered, posted or emailed.
  3. (Assignment) You must not assign, sub-license or otherwise deal with Your rights or obligations under this Agreement without the written consent of Qld Storage
  4. (Variations) Any variation of this Agreement is only effective if it is in writing and signed by all parties. No oral statement made by Qld Storage or it’s employees shall form part of this Agreement.
  5. (Waivers) A party shall not be taken to have waived a right under or in connection with this Agreement unless the party expressly does so in writing. A waiver of any right or obligation at any time shall not be taken as a waiver of the right when it arises at any other time.
  6. (Stamp Duty and GST) You must on demand pay and indemnify Qld Storage for any Stamp Duty, GST or similar Tax or liability imposed in connection with this agreement of any supply under it.
  7. (Severance) If any provision of this Agreement is legally enforceable or made inapplicable, it shall be severed or read down, but so as to maintain (as far as possible) all other terms of this Agreement.
  8. (Continuing Liability) Your liability for outstanding money, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
  9. (Entire Agreement)This Agreement constitutes the entire agreement between You and Qld Storage for matters referred to in it. Any prior arrangement, agreements, representations or undertakings are superseded.
  10. (Cost) The Storer is responsible to pay any costs incurred by Qld Storage in enforcing this Storage Agreement in any way.