For your information and reference, these are the terms and conditions of our self storage licence, which form the basis of the agreement between you and Safeway Self Storage Limited.
The terms in this agreement apply to the use of the Storage Unit. We have written this agreement in plain language to make it easy to read and have used “we”, “our” and “us” for Safeway Self Storage Limited and “you” for the customer.
1. We grant you a licence to use the Storage Unit specified at our storage facility at 61 Connolly Street, Lower Hutt, (“Storage Facility”) upon the terms set out in this agreement.
2. NO BAILMENT OR DEPOSIT OF GOODS FOR SAFEKEEPING IS INTENDED OR CREATED UNDER THIS AGREEMENT.
3. You may only use the Storage Unit to store your personal property that is not alive, dangerous, a hazardous substance, illegal, stolen, flammable, explosive, environmentally harmful, perishable or a risk to our Storage Facility or the property of any other person using our Storage Facility.
4. You must not conduct or carry on any activity or business from the Storage Unit or our Storage Facility.
5. You must not use the Storage Unit for any unlawful purpose. You must own the property or goods stored in the Storage Unit
6. You warrant that you own everything stored in the Storage Unit and that they are free of any chattel security, other security interest, or encumbrance, except for those items notified to us in writing.
7. You may only access our Storage Facility and the Storage Unit during the published operating hours.
8. We will give you a personal gate access code for the purpose of entering our Storage Facility during normal operating hours. Please contact us if you forget your gate access code and we will provide you with a new gate access code.
9. If you owe us any money we may restrict your access to our Storage Facility and the Storage Unit until you have paid us all amounts you owe us.
10. We reserve the right to allocate you another Storage Unit to facilitate the proper management of our Storage Facility.
12. Anything stored in the Storage Unit is stored at your every risk.
13. We have no responsibility or liability for any loss or deterioration of, or damage to, anything stored in the Storage Unit however caused, including by water, fire, theft, pest, vermin or any act or omission by us or anyone else.
14. You are responsible for arranging insurance cover against theft, fire, water damage and any other risk that may result in loss of, or damage to, anything stored in the Storage Unit.
15. You must pay the Storage Hire for the Storage Unit to us two months in advance, by the due date, without deduction or set-off.
16. We will not send you a monthly invoice for the Storage Hire, unless you ask us to send you an invoice.
17. You may also be charged:
Where appropriate, these charges will be published at our office at the Storage Facility.
18. We may increase the Storage Hire or any other fee or charge payable under this agreement at any time by giving you not less than one months written notice.
19. If you fail to pay the Storage Hire within 10 days of its due date and for every 10 days thereafter it remains outstanding, we may, charge you a late fee of $10.00, overlock the Storage Unit by attaching a padlock to the locking bolt of the door to the Storage Unit and restrict your access to our Storage Facility until you have paid us all amounts you owe us.
20. If any amount you owe us remains outstanding for more than one month after the due date we may break open the Storage Unit and sell its contents, by auction, to recover any amounts you owe us. We will set-off against any amount we receive from the disposal of the contents of the Storage Unit everything you owe us and send you the excess (if any).
21. If, in our opinion, we cannot sell anything in the Storage Unit in accordance with clause 20 or you fail to collect anything from the Storage Unit when requested by us, we may dispose of the contents of the Storage Unit at your every risk and cost.
22. If anything you have stored in the Storage Unit, in our opinion, threatens life or property we may break open the Storage Unit and take any action we deem appropriate in our absolute discretion. Where practicable we will try and contact you to give you an opportunity to give us access to the Storage Unit. If we are unable to contact you we will notify you as soon as possible of reason why we accessed the Storage Unit.
23. We will send notices to the last address you have given us. We can assume any notice we send by post has been delivered 3 days after we post it. Please tell us if you change your address.
24. Where you do not meet your responsibilities to us, you must pay any reasonable expense we incur in collecting any money you owe us or in exercising any of our other legal rights.
25. You must make good and indemnify us and keep us indemnified for any loss or damage suffered, or cost incurred, by us (including solicitor/client costs) caused by you, any breach of your obligations under this agreement, or anything stored in the Storage Unit.
26. Nothing in this agreement creates any lease or tenancy rights in respect of the Storage Unit or our Storage Facility.
27. This agreement is personal to you and you may not assign, transfer or sub-licence any of your interests or obligations in this agreement.
28. You may end this agreement at any time after the expiry of 1 month from the date of this agreement by giving us not less than 2 working days’ written notice.
29. We may end this agreement at any time if you do not pay our charges or meet your obligations under this agreement. We may end this agreement for any other reason by giving you at least 5 working days’ notice.
30. On termination of this agreement you must remove everything stored in the Storage Unit and leave the Storage Unit in a clean and tidy condition and in a good state of repair and pay all outstanding amounts you owe us.
31. Storage Hire is payable up to and including the date you leave the Storage Unit in a clean and tidy condition and will be deducted from any Storage Hire you have paid in advance. We will set-off against any Storage Hire you have paid in advance any other amounts you owe us in accordance with this agreement and send you any excess within 14 days after the date you leave the Storage Unit in a tidy and clean condition.
32. The ending of this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards.
33. This agreement records the entire agreement between you and us in relation to the Storage Unit and our Storage Facility. No oral statements made by us apply.
34. We may change these terms. We will tell you about any changes at least one month before they come into effect.
35. Any other changes to this agreement must be in writing and signed by us..