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1. In these terms and conditions and the Schedule:
Delivery and Collection – storage and moving
2. We will deliver to the Delivery Address, the number of Rooms specified in the Schedule, on the Delivery Date and as close as possible to the Delivery Time, unless otherwise agreed with you. You agree to not move or otherwise interfere with the Rooms.
3. You will have not less than 7 clear days (longer with our approval) from and including the Delivery Date to pack and lock each Room delivered to you with your own secure padlock. In packing each Room, you will:
a. comply with the Welcome Package and, in particular, you will not pack any prohibited item specified in the Welcome Package in any Room (including, without limitation, any goods that are liquids, dangerous or hazardous, explosive, corrosive, illegal or irreplaceable);
b. ensure that all goods in each Room are safely and securely packed; and
c. not damage or alter any Room in any way.
4. We will collect each Room on the Collection Date and as close as possible to the Collection Time, unless otherwise agreed with you.
5. You acknowledge that:
a. once you have locked each Room, we will not be able to access the contents of that Room without you providing us with the keys to that Room (unless we become entitled to exercise our rights under clauses 28, 30 & 33);
b. we have no specific knowledge of what goods you have packed into any Room; and
c. all goods are transported and stored (if applicable) in Rooms at your sole risk and you are solely responsible for insuring those goods (i.e. your own contents) during the provision of any Services to you by us under this agreement (if required).
6. Subject to clauses 28, 30 and 33, nothing in this agreement operates to grant to:
a. you any ownership rights to a Room; or
b. us any ownership rights to the goods stored in any Room.
Inspection and Access – storage service
7. We will:
a. store each Room collected by us under clause 4 at the Storage Facility for the Rental Term (or for such longer period as is required by you);
b. take all reasonable care to ensure that each Room is secure and is not subject to any physical damage; and
c. ensure that appropriate security measures are in place at the Storage Facility.
Depending on your anticipated access of your Rooms as recorded in the Schedule, you acknowledge and agree that we may have to move your Rooms in the Storage Facility as necessary to provide you with that anticipated level of access.
8. Should you elect not to store the Rooms at the Storage Facility, the Rooms shall remain located at the Delivery Address.
9. You (or a person nominated by you) may at any time on not less than 24 hours’ prior notice to us access any Room which we are storing for you at the Storage Facility during our business hours, for the purpose of inspecting, or removing or adding any goods from or to that Room. At the Storage Facility, you or your nominated person must provide us with your Box n Go Access Code or we will not grant you or your nominated person such access to your Rooms. In order to access your Rooms you or your nominated person will require your keys to the padlocks securing your Rooms. There is no additional fee payable by you for this service. If during the Rental Term there are any outstanding amounts payable to us we may elect to not grant you access to your Rooms under this clause.
10. You must not disclose your Box n Go Access Code to any person(s) other than your nominated person(s) or us. If you disclose your access code to a nominated person, you will ensure that your nominated person will not disclose your access code to any other person at any time other than us. You accept sole responsibility for all loss or damage that results, directly or indirectly, from any unauthorised use of your Box n Go Access Code. If you believe that a person may know or may use or has used your Box n Go Access Code in a manner not authorised by you, you should notify us immediately and we will assign to you a new Box n Go Access Code.
Re-delivery during the Rental Term
11. You may at any time during the Rental Term on not less than 24 hours’ prior notice request that we deliver your Rooms from the Storage Facility to the Delivery Address at the Re-delivery Time specified in that notice. If we accept your request, we will deliver your Rooms to the Delivery Address specified in that notice at a time that is as close as possible to the Re-delivery Time specified in that notice. You may on not less than 24 hours’ prior notice request that we return your Rooms to the Storage Facility. You agree to pay the Re-delivery Fee set out in the Schedule each and every time we provide this service.
Final Delivery – storage & moving
12. We will deliver each Room which we are storing or moving for you to the Delivery Address and Final Delivery Address respectively, on the Final Delivery Date and as close as possible to the Final Delivery Time, unless otherwise agreed with you.
Rent and Re-delivery Fee
13. You shall pay us, in advance, monthly Rent on each anniversary of the Delivery Date of your Room (“the Due Date”) in the amount set out in Item 9 of the Schedule. The minimum rent is one months’ Rent.
14. You shall pay to us, in advance, the Re-delivery Fee each and every time we provide this service.
15. You shall pay to us the Rent by recurring payment using credit card, or direct debit authority..
16. You shall pay to us the Re-delivery Fee using cash, credit card or BPay.
17. Should your Rent Term extend beyond one month then at the end of your Rental Term you shall receive a refund of any prepaid Rent for any remaining unused days.
18. We may at any time amend the amounts of Rent and Re-delivery Fee set out in the Schedule by providing you with at least 30 Working Days’ prior written notice. If we amend the amounts set out in the Schedule under this clause, you may terminate this agreement by providing us with at least 14 Working Days’ prior written notice and you will not be liable to pay any further amounts for the remainder of the Rental Term.
19. We do not warrant or make any representation to you that the Room is the appropriate form of storage or transport for the goods which you have chosen to store or transport in the Room.
20. You warrant and represent to us that:
a. you are the owner of, or otherwise have the right to be in possession of, all of the goods packed in the Room;
b. none of the goods packed in the Room are “prohibited goods” (as described in the Welcome Package) or liquids, dangerous or hazardous, explosive, corrosive, illegal or irreplaceable.
21. All goods stored by you are at your sole risk and responsibility. Insurance is your sole responsibility. You may either obtain insurance over the goods stored in your Rooms from the insurance company of your choice or you may choose to be “self insured”. You agree to obtain insurance coverage for the complete value of the goods stored by you in your Rooms. You will personally assume all risk of loss, including damage or theft of your goods due to burglary, mysterious disappearance, fire, water, rodent damage, earthquakes, acts of God, vandalism, mould or mildew or other vermin.
22. All the Services are provided to you at your sole risk and responsibility. We will not be liable to you for:
a. any damage or loss suffered by you which is caused by any act or omission of any other person or entity;
b. any damage caused to any goods which you have packed in a Room, where you have not complied with these terms and conditions (including where you have not safely and securely packed those goods into a Room); or
c. any indirect, consequential, special or economic loss suffered by you if we are in breach of our obligations set out in these terms and conditions.
23. To the extent permitted by law, if we are found to be liable to you for any reason in relation to the provision of the Services, the maximum liability that we will have to you in respect of all the goods packed into a Room is limited to $1,500 per Room.
24. You will keep us indemnified against all actions, proceedings, claims, damages, losses and costs which we may suffer, incur or sustain as a result of, or resulting directly or indirectly from, any goods you have packed in a Room or any breach by you of these terms and conditions.
25. The following events shall be deemed to be events of default (“Events”) by you under this Agreement:
a. You fail to pay Rent by the Due Date;
b. You fail to comply with any term, provision, or covenant of this Agreement, other than payment of Rent, and do not cure such failure within 10 days after written notice to you from us; or
c. You abandon your Rooms.
26. If you fail to pay Rent:
a. by the 7th day after the Due Date you shall pay, in addition to other amounts due, a late charge of $25.00; and
b. by the 10th day after the Due Date you shall pay, in addition to other amounts due, an administration charge of $50.00 for our cost in processing the unpaid account.
27. If you fail to make payment of the Rent or other charges due under this Agreement in a timely manner, including without limitation, financing charges, late charges, handling charges and costs associated with handling your delayed account, you authorise us to charge your credit card without your signature, for such amounts owed by you to us, even if you have selected another method of payment as its preferred method. We shall have no liability to you for charges applied to your credit card account so long as such charges are applied by us in good faith.
28. If an Event occurs, we shall have the right at our election, to pursue the following or other remedy. We may immediately terminate this Agreement by giving you notice, and you then shall immediately surrender the Rooms to us and if you fail to do so, we may deny you access to the Rooms at the Storage Facility or enter upon the property listed by you in Items 4 and 6 of the Schedule and take possession of the Rooms and your goods stored in the Rooms.
29. You are responsible for payment of all expenses incurred by us that are connected with the collection of any and all outstanding balances owed by you to us, including our reasonable legal costs and expenses.
30. You agree that we will have a lien over the goods packed in your Rooms in respect of any outstanding amounts payable to us under this Agreement and may remove the padlock(s) to and access your Rooms and sell the goods in your Rooms in order to recover any outstanding amounts payable to us under this agreement.
31. You may terminate this agreement at any time by notifying us in writing. Subject to you having paid all amounts outstanding to us at that time, we will deliver any Rooms which we are storing for you to the Delivery Address or moving for you to the Final Delivery Address as soon as reasonably possible after receiving such written notification from you.
32. We may terminate this agreement with immediate effect by notifying you in writing if an Event occurs pursuant to clause 25, in which case clause 28 will apply.
33. If you terminate this agreement prior to the expiry of the Rental Term under clause 31, or we terminate this agreement pursuant to clause 32, you will be liable to pay to us all amounts which would otherwise be payable by you in respect of the remainder of that Rental Term.
34. You shall not assign or sublease your Rooms or any portion thereof without in each instance our prior written consent. We may assign or transfer our rights and obligations under this Agreement without your consent, and after such assignment or transfer, we shall be released from all obligations under this Agreement occurring after such assignment or transfer.
35. The parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, legislation regulating “warehouseman”, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement. The parties acknowledge and agree that the relationship between the Company and the Customer is that of an independent contractor.
36. This Agreement may be executed in one or more counterpart copies which, read together, will constitute one and the same document. Any facsimile copy of any document (including any facsimile copy of any document evidencing our or your execution of this agreement) may be relied on by us as though it were an original copy.
37. Any written notice required under this Agreement (without limiting the means by which notice may be given under this agreement) will be deemed validly given by us to you if delivered by hand to either your Delivery Address or Final Delivery Address recorded in the Schedule. Any notice delivered after 5.00 pm on a Working Day, or at any time on a non-Working Day, will be deemed received at 9.00 am on the next Working Day.
38. This Agreement sets forth the entire agreement of the parties with respect to the Box n Go Rooms and supersedes all prior agreements or understandings. There are no representations, warranties, or agreements by or between the parties which are not fully set forth herein, and no representative of the Company or the Company’s Agents is authorized to make any representations, warranties or agreements other that expressly set out in this Agreement. This Agreement may only be amended by writing signed by both parties.
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