Terms & Conditions

Dunsborough Self Storage 

CONDITIONS OF STORAGE 

1. INTERPRETATION 

1.1 Definitions In this agreement unless the context otherwise requires: 

“Business Hours” means 0600 hrs to 2200 hrs which hours are subject to change by the Owner who shall advise of any change by notice at the Premises. 

“Charges” means Owner’s quoted charges for Storage calculated under its rates schedule applicable from time to time and includes any tax including GST levied directly on a transaction or supply under these conditions. 

“Goods” means any items of storage which may be accepted from the Storer for storage on the Premises. 

The Owner will not accept for storage any items which are flammable, toxic, harmful or in leaking containers. 

“Owner” means Hooper Storage Company Pty Ltd ABN 69 154 569 141 of PO Box 707, Dunsborough, Western Australia 6281 and where the context permits includes all of its directors, employees, servants, agents, and subcontractors. 

“Premises” means such part or parts of Owner’ premises at 1/84 Commonage Road, Dunsborough, Western Australia as are from time to time set aside or allocated by Owner for Storage purposes. 

“Storage” means the whole of the storage operations and services undertaken by Owner in respect of the Goods but does not include the collection of the Goods or their re-delivery when taken out of storage. 

“Storer” means the person with whom Owner contracts for Storage. 

1.2 Construction In this document unless the context otherwise requires: 

(a) words importing the singular include the plural and vice versa; 

(b) words importing any gender include the other genders; 

(c) references to persons include corporations and incorporated associations; 

(d) references to a person include the legal personal representatives, successors and assigns of that person; 

(e) a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any other legislative authority having jurisdiction); 

(f) references to this or any other document include the document as varied or replaced, and notwithstanding any change in the identity of the parties; 

(g) references to writing include any mode of representing or reproducing words in tangible and permanently visible form and includes email; 

(h) an obligation on two or more parties shall bind them jointly and severally;

(i) if a word or phrase is defined cognate words and phrases have corresponding definitions; 

(j) references to a person which has ceased to exist or has been reconstituted, amalgamated, reconstructed or merged, or the functions of which have become exercisable by any other person or body in its place, shall be taken to refer to the person or body established or constituted in its place or by which its functions have become exercisable; 

(k) an obligation incurred in favour of two or more parties shall be enforceable by them jointly and severally; 

(l) any party which is a trustee is bound in its capacity as a trustee and personally. 

(m) reference to any thing (including, without limitation, any amount) is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them; 

(n) reference to a month and cognate terms means a period commencing on any day of a calendar month and ending on the corresponding day in the next succeeding calendar month but if a corresponding day does not occur in the next succeeding calendar month the period shall end on the last day of the next succeeding calendar month. 

1.3 Headings are included for convenience only but shall be ignored in construing this document. 

1.4 Time 

(a) references to time are to local time in Western Australia; 

(b) where time is to be reckoned from a day or event, such day or the day of such event shall be excluded. 

2. STORAGE BASIS 

2.1 Owner may at its discretion refuse to accept for Storage any Goods. 

2.2 Subject to Clause 11 the Goods are stored entirely at the risk of the Storer and Owner accepts no liability for and loss of or damage to the Goods whatsoever. 

2.3 Owner relies on the details and description of Goods supplied by the Storer but Owner cannot verify and does not admit their accuracy. 

2.4 Goods may be placed in storage or removed from storage only during Business Hours.
If the Storer requests placement into or removal from storage at any other time then the Storer must: 

(a) give sufficient prior notice to Owner by email or text message and by telephone, and (b) pay the Owner’s after hours callout fee at the time. 

3. STORER’S OBLIGATIONS 

3.1 The Storer must not tender for Storage any volatile, corrosive, toxic or explosive Goods or Goods which are or may become dangerous or inflammable or which are or may become liable to damage any person or property or which may create any pollution damage or detriment to the Premises, the environment or any other Goods of any other Storer without first presenting to Owner a full written description disclosing the nature of those Goods and providing to Owner such evidence as Owner requires in its absolute discretion that the Storer has taken appropriate steps to reduce the risk so far as is possible and to insure against all loss, damage and injury. 

3.2 The Storer shall notify the Owner of all changes in its address or contact details. 

3.3 The Storer shall if Owner so requires remove the Storer’s Goods or any part thereof from Storage, pay all Charges outstanding and remove the Goods as referred to by Owner in its notice, within SEVEN (7) days of receipt of Owner’s notice to that effect. 

3.4 The Storer shall not undertake any repair, cleaning or other work on stored Goods whilst on the Premises. 

3.5. The Storer shall provide 4 weeks notice in writing to vacate the unit rental agreement.

4 STORER’S WARRANTIES & INDEMNITIES 

4.1 The Storer warrants that: 

(a) it has fully and adequately described the Goods, their nature, weight and measurements and complied with all applicable laws and regulations about the description and storage of the Goods and given their nature the Goods are stored in a proper and secure manner to withstand all ordinary and foreseeable risks whilst stored. 

(b) every person delivering Goods to Owner on behalf of the Storer is authorised so to do and to sign this agreement on behalf of the Storer. 

(c) the Storer is either the owner or the authorised agent of the owner of the Goods or is otherwise lawfully entitled to possess the Goods and it accepts these conditions for itself and for each other person having an interest whether as owner or otherwise of the Goods. 

(d) neither the Storer nor any person on its behalf shall make any allegation or claim against Owner or any other person about the Storage of the Goods. 

(e) it has taken out and will at all times whilst the Goods are in Storage keep current such insurance in respect of the Goods as the Storer may require. For the sake of clarity the Storer expressly acknowledges and agrees that insurance of the Goods remains the sole responsibility of the Storer and that Owner shall not undertake any insurance in respect to the Goods or any loss theft damage or injury suffered by the Goods or any part thereof. 

(f) The Goods shall contain no fuel, gas, or flammable substance nor any toxic substance or any substance which is harmful to human health. 

4.2 The Storer acknowledges and agrees that: (a) at all times during Storage the Goods remain at the sole risk of the Storer, and (b) the Storer has not relied on any statement, inducement or representation by Owner as to the Premises or in respect to Storage and has made its own decision based upon its own assessment of the risks involved to proceed with the Storage of the Storer’s Goods. 

4.3 The Storer indemnifies and agrees to keep fully and effectively indemnified the Owner from and against all and any loss, damage, expense, penalty, fine, claim or liability whatsoever to which the Owner may be exposed or may suffer or incur arising from the Storage of the Goods and/or arising from a breach of any warranty contained in these conditions or from the breach or failure by the Storer to promptly comply with all of the terms and conditions hereof. 

5. OWNER’S RIGHTS 

5.1 If any Charges are unpaid after becoming due for payment Owner may immediately disable the Storer’s electronic access code to the Premises and may retain the Goods until such time as all outstanding payment are made to the Owner in cleared funds. Alternatively at the Owner’s election the Owner may require the Storer to remove the Goods or any part thereof, and if not removed within the time specified by Owner then Owner may at the cost in all regards of the Storer remove the Goods from the Premises and deliver the same to the Storer or the last known address of the Storer, and in that event Owner shall in all regards be acting as the agent of the Storer and shall not be liable for any loss of or damage to the Goods nor for any loss damage or injury suffered by Owner or any other person during the removal and delivery, and the Storer shall indemnify the Owner against all costs and expenses incurred by the Owner in the removal and delivery of the Goods to the Owner. 

5.2 If in the Owner’s opinion the Goods are or are liable to become dangerous, inflammable, explosive, volatile, corrosive, toxic, explosive, offensive or potentially damaging in nature then Owner may at any time and at the Storer’s cost remove, isolate, relocate, destroy, dispose of, abandon or render them harmless without compensation and without prejudice to the Owner’s rights to any Charges. 

5.3 Unless and until all Charges have been paid by the Storer Owner does not have to release or make the Goods or 3 any part thereof available to the Storer or any other person. 

5.4 If in the reasonable opinion of Owner it becomes necessary or desirable to do so the Owner may open or inspect the Goods either to determine their nature or condition or to determine their ownership, and the Owner shall not be responsible for any damage caused to the Goods as the result of so doing. 

6. CHARGES 

6.1 The Storer must: 

(a) unless otherwise agreed by Owner in writing pay Owner the Charges in Australian dollars monthly in advance except where Storage is required for a term of 3 months or less when payment in full in advance is required; 

(c) pay the Owner’s costs and expenses which are suffered or incurred by the Owner in complying with any lawful request by any person having actual or apparent authority or jurisdiction in respect to the matter to present the Goods for inspection or for removal; 

(d) compensate the Owner for all costs, expenses, losses damages or injuries to the Owner or the Owner’s personnel contractors and employees or to the Owner’s property or the Premises or to any person or property caused by the Goods or any loss damage or destruction caused or contributed to by the Goods; 

(e) if any Charges are not paid on the due date for payment, pay interest on the unpaid Charges at a rate of 15% per annum calculated on a daily basis. 

(f) The Owner’s Charges are earned as soon as the Goods are delivered to Owner and whether re-delivered to the Storer or not and whether damaged or not.

6.2 The Owner’s Charges are earned as soon as the Goods are delivered to Owner and whether re-delivered to the Storer or not and whether damaged or not. 

6.3 The Owner will not refund any payment for Charges under any circumstances. 

6.4 The Owner’s quoted Charges represent the exclusive value of the supply for GST purposes and the Storer shall pay to Owner all GST charged in respect of all goods and services provided by Owner under this agreement. 

7. LIEN 

7.1 The Storer grants the Owner a lien on the Goods and on any other Goods of the Storer for all Charges due or which become due on any account whether for Storage of the Goods or any other Goods or any other Owner service. 

7.2 The Storer consents to the registration by the Owner of its security interest in respect of the Goods on the Personal Property Security Register. 

7.3 The Storer irrevocably waives all rights to receive a verification statement or other notice in respect to any registration event in accordance with the Personal Property Securities Act. 

8. CLAIMS 

8.1 If the Owner causes damage to or loss of the Goods or any part thereof, no claim for the loss or damage may be made unless notice of the claim in lodged in writing with Owner within SEVEN (7) days of the earlier of the date on which the loss or damage is or ought to be known to the Storer, and the date of removal of the Goods from the Premises. 

8.2 The failure to notify a claim within the time specified in clause 8.1 is evidence of satisfactory performance by the Owner of its obligations. 

8.3 Despite any other condition hereof except clause 10, the Owner will be discharged from all liability for loss or damage of or for and in respect of the Storage of the Goods unless an action is brought against Owner within one (1) month of the date of the removal of the Goods from Storage. 

9. EXCLUSIONS & LIMITATIONS 

9.1 Subject to clause 10, the Owner excludes from these conditions all conditions, warranties and terms implied by statute, general law or custom. 

9.2 Subject to clause 10 the Owner excludes all liability to all persons including the Storer for acts or omissions of Owner in tort (including negligence), contract, bailments or otherwise for loss of damage to or deterioration or contamination of the Goods or any delay or other failure arising out of the Storage of the Goods or any delay or other failure arising out of the Storage or these conditions. 

9.3 Subject to clause 10 the Owner excludes all liability for and the Storer releases and indemnifies the Owner against, all loss, damage, cost and expense from any claim by any person in tort (including negligence), contract, bailment or otherwise for loss or damage to any property, injury to or death or any person arising out of any acts or omissions of the Owner or any or all of the Goods, the Storage, any delay or other failure to supply the Storage or these conditions. 

9.4 The exclusions, releases and indemnities in clauses 9.2 and 9.3 hereof extend to loss of profits, business or anticipated savings or any other indirect or consequential damage and to economic loss and even if Owner knows they are possible or otherwise foreseeable. 

9.5 The Owner, in addition to acting for itself, may also act as agent of or trustee for each of its directors, employees, servants, agents and subcontractors so that they are entitled to the full benefit of these conditions including any exclusions or limitations of liability to the same extent as the Owner. 

9.6 Even if the Owner breaches a Storage contract or any of its or these conditions, all the rights, indemnities and 4 limitations of liability in these conditions continue to have their full force and effect in all circumstances. 

9.7 By the installation and operation of the Owner’s CCTV system the Owner does not warrant the security of the Goods. The Owner warrants having determined to Store Goods at the Premises based upon the Storer’s own assessment of the risks of so doing. 

10. WARRANTIES

These conditions are subject to any applicable implied warranty in the Australian Consumer Law and any related or similar State legislation which cannot be excluded, restricted or modified. 

11. INSURANCE 

11.1 The Storer shall effect and maintain throughout the period of the storage and at its own expense including the payments of any deductible or excess, appropriate property insurance over the Goods in Storage with an insurer and on terms, conditions and deductibles or excesses acceptable to the Storer. 

12. NOTICES 

(a) Any notice notification demand direction request consent election or invoice (collectively "notice") required or permitted to be given or made hereunder shall be in writing and shall be served or sent either personally or by pre-paid post or sent by email transmission to the address of the addressee herein specified or to such other address as the parties may from time to time by notice designate; 

(b) In the case of physical service of any notice such notice shall be deemed to have been received by the addressee upon the date of its service. Any notice mailed shall be deemed to have been received by the addressee on the second working day following the date of mailing. A notice sent by email transmission shall be deemed to have been received by the addressee on the date of its transmission unless transmitted on a day other than a working day or after normal working hours in which case it shall be deemed to have been received on the next working day. 

13. GOVERNING LAW 

This document shall be governed by and construed and interpreted according to the law in force in the State of Western Australia from time to time and the parties hereby submit to the exclusive jurisdiction of the courts of that State including the appellate courts thereof. 

14. SEVERABILITY 

If it is held by any Court of competent jurisdiction that: 

(a) any part of this document is void voidable illegal or unenforceable; or (b) this document would be void voidable illegal or unenforceable unless any part were severed from this document that part shall be severable from and shall not affect the continued operation of the rest of this document provided that such severance does not effect a substantial alteration of the rights and/or obligations of any party hereunder. 

15. ENTIRE AGREEMENT 

This document constitutes the entire agreement whether oral or written relating to the subject matter hereof and supersedes all prior agreements deeds and understandings relating thereto whether oral or in writing. 

16. VARIATIONS AND WAIVER 

16.1 The Owner is not bound by any waiver, release or discharge of a condition or any agreement which varies these conditions unless it is in writing and signed for the Owner by an authorised officer of the Owner. 

16.2 If the Owner 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. 

17. ACKNOWLEDGMENT BY STORER 

17.1 The Storer by removing the Goods from the Premises acknowledges and agrees that: 

(a) the Goods have all been collected from Owner, 

(b) the Storer has the opportunity to thoroughly examine the Goods, the Goods are in the same condition as they were at the time they were placed into Storage, 

(c) Owner has complied with its obligations in respect to the Storage of the Goods, and 

(d) the Owner is unconditionally released from all claims and liability whatsoever in respect to the Storage of the Goods.