Mobile Self Storage Licence Agreement

Background: This agreement outlines the terms and conditions of mobile storage, where We hire out storage units to customers for the purpose of storing goods. A storage unit can be kept at this facility or at the customer's premises. As a business, We must abide by various laws and regulations and by extension, this agreement requires that You also comply with all applicable laws. This agreement also helps maximise the safety of our customers and the security of the Facility.

Operative Part

1. Definitions and Interpretation

In this Agreement, unless the context requires otherwise:

1.1 Definitions

• Abandoned Goods has the meaning given to it in clause 19 (Disposal of Abandoned Goods).
• Account means Your account with Us in respect of this Agreement.
• ACP means Alternative Contact Person.
• Agreement means this mobile self storage licence agreement, including the Schedule, the Privacy Policy, and the Privacy Collection Statement.
• Associate means the ACP, Your Nominee, agent and/or a third party:
  • (a) who enters the Space (or the Facility) at Your request, invitation or direction;
  • (b) whose entry to the Space (or the Facility) was facilitated by any of Your acts or omissions, including, but not limited to, the provision of a key, access card, codes or Bluetooth-enabled device; or
  • (c) who gains unauthorised entry to the Space (or the Facility) due to the Space (or Facility) being left unsecured, either deliberately or negligently, by You.
• Australian Consumer Law means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Cth).
• Bluetooth means a short-range wireless technology standard that is used for exchanging data between fixed and mobile devices over short distances.
• CCTV means any type of visual surveillance device used for security purposes, including cameras that relay to a screen or monitor, and usually results in recordings. For the purpose of this Agreement, this incorporates any other surveillance and recording technology operated for safety and security purposes.
• Default means a material breach of this Agreement by You.
• Default Action means any of the actions described in clause 16 (Consequences of Default).
• Default Action Costs means the reasonable costs of enforcing this Agreement due to Your Default such as, without limitation, the costs of:
  • (a) inspecting the Storage Unit;
  • (b) entering the Premises and removing the Storage Unit from the Premises;
  • (c) conducting an inventory of Storage Unit Goods;
  • (d) the sale or disposal of Storage Unit Goods;
  • (e) cleaning the Storage Unit;
  • (f) re-delivering the Storage Unit Goods at Your address specified in the Schedule (or as otherwise last advised by You);
  • (g) recovering any overdue Fees, and other amounts due, including costs of debt collection services;
  • (h) postage and/or courier; and/or
  • (i) any other action required or permitted under this Agreement (including the giving of a notice to You).
• Direct Debit means an automatic recurring payment of the Mobile Fees debited by Us from Your nominated bank account, debit or credit card on Your Scheduled Payment Date or as otherwise agreed.
• Facial Identification refers to 'one-to-many' matching and involves determining whether a face matches any biometric template in a database.
• Facial Recognition Technology or "FRT" involves the collection of a digital image of an individual's face and the extraction of their distinct features into a biometric template. The biometric template is then compared against one or more pre-extracted biometric templates for the purpose of Facial Verification or Facial Identification.
• Facial Verification refers to 'one-to-one' matching and involves determining whether a face matches a single biometric template.
• Facility means the self storage facility location specified in the Schedule and comprised of the premises owned or controlled by Us, including the land, buildings and any fixtures.
• Facility Rules means the rules of conduct, any operational rules and occupational health and safety procedures at the Facility as published on Our website and/or displayed Our place of business.
• Fees means, collectively, the fees described in clause 3.
• Fixed Period means either:
  • (a) the fixed mobile period specified in the Schedule; or
  • (b) where no such period is specified, the minimum mobile period of 30 days, commencing on the date of this Agreement.
• GST means any goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Goods means the goods that are being stored by You and which are subject to this Agreement.
• Indemnified Party means Us and Our directors, employees, contractors, subcontractors and agents.
• Late Payment Fee means the late payment fee and accrual set out in the Schedule.
• Nominee means a Third Party nominated by You to Us verbally or in writing that You authorise to receive or dispatch the Storage Unit at/from the Premises or to access the Storage Unit while it is located at the Facility.
• Mobile Fee means the monthly fee specified in the Schedule.
• Mobile Period means the Fixed Period, any holding over period under sub-clause 2(c) and/or any further period agreed by the parties in writing.
• No Show Fee means the no show fee specified in the Schedule.
• Other Fees includes any of the fees (whether for administration of Your Account, cleaning, pest control or emergency or security service call-out caused by You or Your Associate) set out in the Schedule, Default Action Costs and/ or any other fees reflecting costs which:
  • (a) are incurred by Us;
  • (b) We reasonably determine are chargeable to You; and
  • (c) We advise to You in writing.
• Permitted Use means storage of Storage Unit Goods and/or such other use of the Storage Unit, subject to and compliant with all applicable laws, for which We have given You express prior written approval.
• Personal Information means information or an opinion (including information or an opinion forming part of a database) that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion or as otherwise defined in the Privacy Act 1988 (Cth).
• PPSA means the Personal Property Securities Act 2009 (Cth).
• Premises means the premises, specified in the Schedule, to which the Storage Unit is to be delivered or from which the Storage Unit is to be collected by Us in accordance with this Agreement.
• Privacy Collection Statement means Our Privacy Collection Statement as published on Our website and/or displayed at Our place of business.
• Privacy Policy means Our Privacy Policy published Our website and/or displayed at Our place of business.
• Prohibited Goods includes, without limitation, goods that are hazardous, dangerous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, living, or that can pose a risk to any person or property, including any lithium-ion battery or item containing a lithium-ion battery.
• Refused Delivery Fee means the refused delivery fee specified in the Schedule.
• Schedule means the schedule to this Mobile Self Storage Hire Agreement containing Your and Our details, among other things.
• Scheduled Payment Date means the recurrent agreed date that the payment is due under this Agreement or as otherwise agreed by the parties in writing.
• Security Deposit means the security deposit amount specified in the Schedule.
• Space means the storage space allocated to You at the Facility from time to time at which the Storage Unit may be located.
• SSAA means the Self Storage Association of Australasia.
• Storage Rules means the rules outlined in booking confirmation documentation or in the manual accompanying the Storage Unit that sets out the applicable instructions for its use, maintenance, methods, standards and recommendations.
• Storer means You.
• Storage Unit means the mobile storage unit specified in the Schedule and allocated to You under this Agreement.
• Storage Unit Goods means the goods stored in the Storage Unit.
• StorerCheck means the database set out at https://storercheck.com.au/ (or such other URL as may be advised by SSAA on its website from time to time).

• Termination Notice Period means the termination notice period specified in the Schedule or, where no such period is specified, the termination notice period is 30 days.
• Transport Fee means Our fee for transporting the Storage Unit, as specified in the Schedule, or as otherwise agreed by the parties.
• Uncollected Goods Legislation means the Australian Consumer Law and Fair Trading Act 2012 (Vic), Uncollected Goods Act 1995 (NSW), Disposal of Uncollected Goods Act 1967 (Qld), Unclaimed Goods Act 1987 (SA), Disposal of Uncollected Goods Act 1970 (WA), Uncollected Goods Act 2004 (NT) and Uncollected Goods Act 1996 (ACT), as applicable to the jurisdiction in which the Storage Unit is located.
• Unforeseen Event includes fire, flood, earthquake, storm or another event outside of any party's reasonable control adversely affecting the access to or use of the Storage Unit or any part of the Facility.
• Unit Replacement Fee means an amount equivalent to the replacement value of the Storage Unit as calculated by Us and allowing for the age of the Storage Unit.
• We, Our and/or Us means the person specified in the Schedule as the Facility's operator (or any of Our successors or permitted assigns).
• You means the person (which may be one or more persons, as applicable, and may include a natural person, body corporate (and if so, each person acting with the actual or apparent authority in respect of that body corporate), partnership, or trust) specified in the Schedule as the storer. Where You specify two or more legal persons in the Schedule as the storer, each of those persons is jointly and severally liable as a party under this Agreement.

1.2 Interpretation

• (a) the singular includes the plural and vice versa;
• (b) the meaning of general words is not limited by specific examples introduced by words like ‘including’, ‘for example’, ‘such as’ or similar expressions;
• (c) a reference to any document, policy or legislation includes all amendments, consolidations or replacements (and all regulations or instruments issued under it, if any);
• (d) time limits under this Agreement (including any notice issued under this Agreement) must be strictly complied with by all parties;
• (e) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in the city in which the Facility is located;
• (f) a reference to a business day is a reference to a day on which businesses are ordinarily open for business in the city in which the Facility is located excluding Saturday, Sunday and any gazetted public holidays in that city;
• (g) neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting; and
• (h) each party will exercise reasonably any powers (including discretion, opinion or belief) conferred on it under this Agreement.
• (i) a reference to "$" or currency is to Australian dollars.

2. Mobile Services

• (a) We hire out the Storage Unit to You to use in accordance with the Permitted Use during the Mobile Period in accordance with this Agreement.
• (b) Under this Agreement, You are permitted to use the Storage Unit in accordance with the Permitted Use during the Mobile Period:
  1. on the Premises;
  2. at the Facility. When the Storage Unit is located at the Facility, we grant You a non-exclusive licence to access and use the Space during the Facility's access hours, notified by Us from time to time; or
  3. at another location as agreed in writing with Us.
• (c) If, with Our written consent, You remain in possession of the Storage Unit after the Fixed Period expires, this Agreement will be deemed to continue as a monthly agreement, on the same terms and conditions but modified as applicable to a monthly agreement.
• (d) For the avoidance of doubt, You are not permitted to sub-licence, transfer or assign to any third party the licence that We grant to You under clause 2.

3. Fees

• (a) You must pay to Us, using a payment method accepted by Us, as applicable:
  1. Security Deposit: on signing the Agreement a one-off Security Deposit (if any): the parties agree that, subject to the terms of this Agreement, We may apply the Security Deposit any Fees due and payable to Us by You (Incurred Fees) and where:
     • A. the Security Deposit is greater than the Incurred Fees, We must refund to You within 30 days of finalising Your Account any balance remaining after the deduction; or
     • B. the Security Deposit is less than the Incurred Fees, We will be entitled to withhold the entire Security Deposit and You will remain liable to Us for any shortfall;
  2. Mobile Fee: the Mobile Fee monthly in advance (unless otherwise agreed by the parties) and by no later than the Scheduled Payment Date specified in the Schedule;
  3. Transport Fee: the Transport Fee, payable upon completion of each delivery or collection of the Storage Unit to / from the Premises in accordance with clause 8;
  4. No Show Fee: the No Show Fee, payable each time when You or Your Nominee breach clause 8(b) or (where the Storage Unit is located at the Facility) You or Your Nominee fails to be present at the Facility to access the Storage Unit at the agreed time.
  5. Refused Delivery Fee: the Refused Delivery Fee, payable if You fail to accept delivery of the Storage Unit in accordance with clause 8(d);
  6. Late Payment Fee: the Late Payment Fee, if any payment of the Mobile Fee or any other Fee due is not made on the due date; and/or
  7. Unit Replacement Fee: the Unit Replacement Fee, payable immediately after the expiry of 14 days following Our written notice, in the circumstances set out in clause 18(d) or, where, in our reasonable opinion, the damage caused to the Storage Unit by You causes the Storage Unit to become unsafe and/or unsuitable for further use; and/or
  8. Other Fees: the Other Fees in accordance with this Agreement.
• (b) Duties and Taxes: You must pay any government taxes, charges or duties (including any GST) and/or Council fees (including in relation to a Council permit) payable in respect of this Agreement. A valid tax invoice will be provided to You on request and/or issued periodically by Us to You, as the case may be.
• (c) Direct Debit: You must identify Your Direct Debit payment clearly and as reasonably directed Us, so it can be correctly credited to Your Account once cleared. If You fail to identify Your payments in accordance with Our directions and Your Account is in arrears as a result, You may incur a Late Payment Fee and/or We may undertake a Default Action in accordance with this Agreement. You indemnify Us against any claim for loss, damage or expenses in connection with Our enforcement of this Agreement, including in relation to the sale or disposal of Your Storage Unit Goods, due to Your failure to correctly identify a Direct Debit payment.
• (d) Fee increases: We may increase the Mobile Fee any time after the expiry of the Fixed Period but must provide at least 28 days’ notice to You of any fee increase. If You object to the fee increase, You may, before the expiration of that 28 day period, terminate this Agreement and move out by giving no less than 24 hours’ notice to Us (in accordance with clause 24(b)).

4. Your acknowledgement

You acknowledge and agree that:

• (a) prior to signing this Agreement, We provided You with an opportunity to inspect the Storage Unit to ensure that You are satisfied with the condition, quality and safety of

• (a) prior to signing this Agreement, We provided You with an opportunity to inspect the Storage Unit to ensure that You are satisfied with the condition, quality and safety of the Storage Unit. You confirm that the Storage Unit is as described by Us and fit for purpose;
• (b) the Storage Unit is approximately the size advertised;
• (c) You are solely responsible for determining whether the Storage Unit is appropriate and suitable for storing Your Storage Unit Goods, having regard to the size, nature and condition of Your Storage Unit Goods and of the Storage Unit;
• (d) We:
  • do not have, and will not be deemed to have, knowledge of the Storage Unit Goods in the Storage Unit;
  • are not a bailee, nor a warehouseman of the Storage Unit Goods and do not take possession of the Storage Unit Goods (whether the Storage Unit is located at the Facility, the Premises or is in transit between the Facility and the Premises), You retain control of, and responsibility for, the Storage Unit Goods (subject to Us taking possession under clause 15 (Consequences of Default)); and
  • do not provide any Storage Unit Goods, or Storage Unit Goods maintenance services, to You, unless otherwise agreed with You;
• (e) You are solely responsible for considering the replacement value of Your Storage Unit Goods and purchasing and/or maintaining an appropriate level of insurance coverage in relation to Your Storage Unit Goods. In the event of loss or damage to Your Storage Unit Goods, or loss or damage caused by Your Storage Unit Goods, You should not assume that any insurance We have covers such loss or damage;
• (f) if any party becomes aware of any missing equipment, appliance, part, instrument, accessory, replacement or alteration (Defect) required for the Storage Unit to comply with all applicable laws, that party has an obligation to notify the other party of the Defect as soon as practicable. In the event We become aware of the Defect, We may at our election:
  • 1. direct You to return the Storage Unit to Us for repairs (at Our cost);
  • 2. replace a Storage Unit that has a Defect with a different Storage Unit; and/or
  • 3. expressly instruct You in writing to remedy the Defect at Our cost. Unless otherwise agreed by Us in writing, any such modification will be deemed to be part of the Storage Unit (and so Our property) without the need for any further act by either party;
• (g) if You fail to sign and return this Agreement to Us, You may accept this Agreement by conduct (such as by verbally agreeing to its terms, storing Storage Unit Goods in the Storage Unit and/or paying Storage Fees) and, if so, are legally bound by it;
• (h) the common areas at the Facility may be under continuous CCTV surveillance; and
• (i) We may attach security devices to the Storage Unit to track its location.

5. Your obligations

You must:

• (a) use the Storage Unit in accordance with the Permitted Use only and in compliance with the instructions set out in the Storage Rules;
• (b) not conduct business, reside, sleep, loiter, party, cause nuisance or undertake any other activity in the Storage Unit or at the Facility contrary to the Permitted Use;
• (c) not sell, assign, sublet, lend, pledge, mortgage, grant a security interest in, allow a lien over, or allow any other form of encumbrance to arise in respect of the Storage Unit, or attempt any of those things, other than as provided in this Agreement;
• (d) comply with the Facility Rules (including Our reasonable directions) when at the Facility and otherwise with all applicable laws (including local planning laws, health and safety laws), regulations and directions of relevant government authorities (including those that We may be required to implement);
• (e) ensure that any Storage Unit Goods are:
  • 1. dry, reasonably clean, free of vermin, mould and/or food scraps; and
  • 2. not Prohibited Goods;
• (f) keep the Storage Unit in good and clean condition, appearance and repair and, while the Storage Unit is located on the Premises (or at such other location as agreed to under clause 2(b)(3)), at Your own cost, ensure that the Storage Unit is capable of being operated fully and efficiently for its intended purpose and capacity. You must keep and maintain the Storage Unit properly serviced and in proper working order;
• (g) not alter the Storage Unit in any way without Our prior written consent and be responsible for any damage to the Storage Unit caused while it is located on the Premises (excluding normal wear and tear or any damage caused by Us);
• (h) notify Us of any actual or threatened damage (exceeding normal wear and tear) to the Storage Unit immediately, and not later than within 48 hours, after becoming aware of any such damage or threat; and
• (i) secure from unauthorised entry and/or removal the Storage Unit.

6. Your Warranties

You warrant that You:

• (a) own, lease or have other proprietary interest in the Premises;
• (b) own all the Storage Unit Goods and/or are entitled at law to deal with such Storage Unit Goods in accordance with this Agreement (including granting Us the right to dispose of the Storage Unit Goods in specified circumstances) and, in that capacity, You have knowledge of all Storage Unit Goods in the Storage Unit;
• (c) will not store in the Storage Unit:
  • 1. any documents containing Personal Information (including sensitive information) about You or third parties;
  • 2. any irreplaceable Storage Unit Goods, such as currency, jewellery or precious metals (e.g. gold), furs, deeds, paintings, curios, works of art, items of personal sentimental value or that are worth more than $1,000 AUD (in total), unless they are itemised and covered by insurance; or
  • 3. any Prohibited Goods;
• (d) will not register a security interest over Us in respect of the Storage Unit Goods under the PPSA.

7. Our warranties

We warrant to You that We have the right to grant You the licence under sub-clause 2(b)(2) and will facilitate Your access to the Space during the Facility's access hours (except as otherwise provided in this Agreement).

8. Delivery and Collection of the Storage Unit

• (a) Where You request Us to deliver to, and/or collect from, Your Premises the Storage Unit, You must give us no less than 5 business days' written notice (unless We agree to a shorter notice period in our sole discretion). We will not action Your request until the parties agree in writing the applicable Transport Fee and specific time slot for the delivery and/or collection.
• (b) You or Your Nominee must be present at the Premises at the agreed time for delivery and/or collection of the Storage Unit. Failure to do so may incur a No Show Fee, unless You give us at least 24 hours' advance written notice.
• (c) If We are unable to deliver or collect the Storage Unit at the agreed time other than because of Your default:
  • 1. We will use our best endeavours to notify You as soon as possible to reschedule or cancel the delivery or collection (at Your option);
  • 2. You agree that We will not be liable for any loss or damage incurred by You as a result of such delay or cancellation;
• (d) In the event of cancellation, We will not charge You, and/or refund if applicable, any fees in relation to services that haven't been provided by Us.
• (e) Upon delivery of the Storage Unit to the Premises, You must provide Us with a written acceptance (in the format presented to you, for example, a form to sign or digitally accept) of the Storage Unit, which acknowledges the condition of the Storage Unit at the time of delivery. If You fail to do so, You may incur a Refused Delivery Fee in accordance with clause 3(a)(5).

• (f) You expressly authorise Us to enter onto the Premises for the purposes of delivering and/or collecting the Storage Unit and as otherwise specified in this Agreement.
• (g) It is a material condition of this Agreement that neither We, nor any of Our contractors or agents, are liable for any damage caused to the Premises, Storage Unit Goods and/or any other property during delivery or collection of the Storage Unit.

9. Ownership and Location of Storage Unit

• (a) We retain full rights in, or title to, the Storage Unit and You do not acquire any proprietary rights in respect of the Storage Unit, notwithstanding:
  • 1. delivery of the Storage Unit to the Premises;
  • 2. use of the Storage Unit by You; or
  • 3. any temporary attachment of the Storage Unit to any land or buildings to facilitate the use of the Storage Unit by You.
• (b) You must:
  • 1. (at Your own cost) do all things reasonably requested by Us to make it clear that We are the owner of the Storage Unit;
  • 2. not place, or allow to be placed, any name plates or other markings on the Storage Unit that are inconsistent with Our ownership or proprietary interest;
  • 3. not remove, alter or deface any existing name plate, identification number, trademark or any other identifying mark or number on the Storage Unit without Our express prior written consent; and
  • 4. notify Us immediately of any threatened, attempted or actual seizure of the Storage Unit by any third party, notify any third party attempting to seize possession of the Storage Unit of Our ownership, and use Your best endeavours to prevent any such seizure.
• (c) Following delivery of the Storage Unit to the Premises, if the Storage Unit has become attached to any land or buildings in a manner that We reasonably consider has prejudiced, or may prejudice, Our right in, or title to, the Storage Unit, You must promptly (at Your own cost) take such action as We reasonably require to preserve Our rights in, or title to, the Storage Unit.
• (d) Except during transit between the Facility and the Premises, the Storage Unit must be located at either the Facility or the Premises at all times during the Mobile Period, unless agreed with Us in writing.

10. Conditions of Use of the Storage Unit

• (a) In order to access and use the Storage Unit, You must:
  • 1. provide to us at least 5 business days' written notice (unless a shorter notice period is agreed by Us in writing), if You:
    • A. require access to the Storage Unit while it is located at the Facility. If Our representative is not present at the Facility to assist You with such access within 30 minutes of the agreed time, We will not charge You, and/or refund if applicable, any fees in relation to services that haven't been provided by Us; or
    • B. require the Storage Unit to be delivered to, or collected from, the Premises in accordance with clause 8; and
  • 2. not, any time during the Mobile Period, attach, affix or secure the Storage Unit to the Premises without Our express prior written consent and then do so only to the extent reasonably necessary for the proper use of the Storage Unit. It is Your responsibility to ensure that doing so will not breach any relevant law or the rights of any third party, and You must not direct Us to deliver the Storage Unit to a location where doing so would be a breach of this clause.
• (b) If You own the Premises, you agree that without limiting any other provision of this Agreement:
  • 1. the Storage Unit will not be deemed a fixture under any circumstances;
  • 2. We are entitled to enter onto the Premises to remove the Storage Unit in accordance with the provisions of this Agreement and will not be liable in respect of any loss or damage reasonably expected to be caused by such entry onto the Premises and/or the removal of the Storage Unit; and
  • 3. You must, prior to granting any form of security over the Premises to any third party lender, without the need for any request to be made by Us, obtain a written acknowledgment from such lender that:
    • A. the Storage Unit is not a fixture in relation to the Premises;
    • B. the lender will not make any claim in relation to the Storage Unit; and
    • C. in the event of any default by You under any borrowings from the lender, the lender will permit Us to enter the Premises and remove the Storage Unit.

11. Damage by You and/or Your Associates

In the event the Storage Unit, the Facility, any of Our property, and/or property of any other person at the Facility, is damaged due to any of Your and/or Your Associate's acts or omissions, We may, at our election:

• (a) direct You to remedy any such damage, including by paying compensation;
• (b) repair such damage and charge you for any; and/or
• (c) charge You the Unit Replacement Fee in accordance with clause 3(a)(7).

12. Access, Inspection and Surveillance

• (a) You consent to Us accessing (using all necessary force) and inspecting the Storage Unit, and, if the Storage Unit is located on the Premises, the Premises by any means (including using a microprobe, CCTV or other camera or audio surveillance with any footage obtained from such surveillance being potentially available as evidence in any proceedings):
  • 1. on 14 days' written notice to You (where you will have the right to be present at the inspection) for the purposes of, among others, maintenance, repair and/or relocation; and
  • 2. immediately and without notice (but with a subsequent written notice to You informing You of the event as soon as practicable) in the event that entry is required to give effect to this Agreement or any law, or We suspect there has been a breach of this Agreement or any law, including but not limited to circumstances where We, acting reasonably, believe that:
    • A. Your Storage Unit Goods or any of Your Associates' acts or omissions threaten, or may cause harm or damage to any person, property or the environment (which may include the Space); or
    • B. it is a requirement of Our insurance policy or other similar binding requirement; or
    • C. We must report You and/or Your Associates to a relevant government authority, law enforcement agency and/or emergency services and/or allow access, inspection or seizure of Storage Unit Goods by relevant government authorities in compliance with applicable laws; or
    • D. an Unforeseen Event has taken place or is about to take place.

13. Australian Consumer Law

The Australian Consumer Law applies to this Agreement and provides You with rights that are not excluded, restricted or modified by this Agreement. Any provision of this Agreement is subject to the specific protections and guarantees in the Australian Consumer Law.

14. Liability and Risk

• (a) Subject to clause 13 (Australian Consumer Law), any applicable law (including conditions, warranties or guarantees which cannot be excluded, such as the consumer guarantees provided under Division 1 of Part 3-2 of the Australian Consumer Law), and the provisions of this clause 14, You:

• 1. access and use the Storage Unit (including storing Storage Unit Goods in the Storage Unit) at Your own risk;
• 2. bear the risk of theft of Your Storage Unit Goods from the Storage Unit and of any damage, deterioration and/or destruction to Your Storage Unit Goods caused by, among others:
  • A. any Unforeseen Event (including flood, fire, leakage or overflow of water);
  • B. mildew, mould, or temperature fluctuations;
  • C. transportation (including delivery and collection) of the Storage Unit Goods;
  • D. infestations (including pest or vermin); and/or
  • E. spillage of material from any other storage space caused by other users of the Facility;
• 3. must indemnify and hold harmless the Indemnified Party in respect of any loss, damage, or injury (as applicable) of or to the Storage Unit, Facility, Us, and/or any third party, where such loss, damage, or injury is caused by or results from Your or Your Associate's wilful misconduct, negligent omission, fraud or criminal conduct and/or the storage of Prohibited Goods, or by the Storage Unit while it is located on the Premises; and
• 4. release Us from all claims and liability arising from any loss, damage or injury occurring in the Storage Unit or the Facility or in connection with Your use of the Storage Unit; and, in any event, if it is determined that We are liable to You, Our liability is capped at:
  • A. if the loss, damage or injury relates to Storage Unit Goods or property, $1000; or
  • B. otherwise, the amount which is the greater of:
    • i. the Mobile Fees You paid Us under this Agreement within 6 months of the date of the event giving rise to the liability; and
    • ii. $5000.

• (b) Clause 14(a) does not apply to the extent any risk, liability, damage, or injury is caused by any of Our (and/or any of Our Indemnified Party's) gross negligence, wilful misconduct, fraud or criminal conduct.
• (c) We must indemnify and hold harmless You in respect of any loss, damage, or injury (as applicable) to You, where such loss, damage, or injury is caused by Our (and/or any of Our Indemnified Party's) wilful misconduct, negligent omission, fraud or criminal conduct.
• (d) Each party:
  • 1. is not entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement; and
  • 2. shall not be liable under this Agreement for any indirect, consequential, special or incidental loss or damages.
• (e) Each party's liability for any loss, damage, or injury (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant loss, damage or injury.
• (f) You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.

15. Consequences of Default

• (a) In the event of Your Default (such as any Fees becoming overdue or You failing to comply with Your obligations under clause 5) under this Agreement, We may (but are not obliged to), without any liability to You for any loss or damage and without limiting any other rights under this Agreement (including the right of termination), take any of the following Default Actions:
  • 1. apply the Security Deposit in respect of any Incurred Fees as provided in sub-clause 3(a)(1);
  • 2. where the Storage Unit is located at the Facility, deny You access to the Storage Unit and/or the Facility until the Default is remedied, including by applying a padlock or other device to the Storage Unit;
  • 3. claim a contractual lien over all Your Storage Unit Goods (Contractual Lien) and You agree to grant us the Contractual Lien;
  • 4. take possession of the Storage Unit Goods irrespective of whether the Storage Unit is located at the Premises or the Facility, and if the Storage Unit is located at the Premises, enter onto the Premises and remove the Storage Unit from the Premises (by force if necessary) to facilitate such possession (noting that, for the purposes of the PPSA, We are deemed to be in possession of the Storage Unit Goods from the moment We exercise our rights pursuant to this clause);
  • 5. at our discretion, after providing to You 14 days' written notice, redeliver the Storage Unit Goods to You at Your address specified in the Schedule (or as otherwise advised by You), or, if the Storage Unit is located at the Premises, leave the Storage Unit Goods at the Premises;
  • 6. report You to, without limitation, StorerCheck debt collection agency, credit reporting agency, law enforcement agency or government authority as applicable (subject to Our Privacy Policy and Privacy Collection Statement);
  • 7. not earlier than on expiry of 42 days since the date of Your Default and upon giving You no less than 14 days' notice (to allow You to rectify Your Default if it is rectifiable):
    • A. sell the Storage Unit Goods in one or more lots by private arrangement or public auction (whether conducted online or in person), subject to any superior rights of third parties under the PPSA; or
    • B. dispose of the Storage Unit Goods in whole or in part, in any manner We deem fit, where the Storage Unit Goods remain unsold after being offered for sale or are unsaleable for any reason (including posing a health and safety risk) or appear of insufficient value to warrant a formal sale process.
      This sub-clause will only apply to the extent the relevant Uncollected Goods Legislation allows parties to contract out of it.
• (b) In respect of sub-clause 15(a)(7):
  • 1. If We believe it is a health and safety risk to conduct an inventory of the Storage Unit Goods, We may take the Default Action under paragraph (B) without undertaking such an inventory. In such circumstances, We will not open any boxes or bags in which Your Storage Unit Goods are contained and will dispose of all Storage Unit Goods unopened.
  • 2. Any funds We recover from the sale will be applied to pay any Fees Your owe Us, including the Default Action Costs. In the event of excess funds, We will endeavour to return any balance to You within 30 days from the date of finalising Your Account. However, where We cannot locate You, Your Nominee or your ACP using the contact details provided and the excess funds are determined to be unclaimed monies under the relevant Uncollected Goods Legislation, we will act in accordance with the requirements of the relevant legislation.
• (c) You consent to any Default Action being taken under this clause 15, regardless of the nature or value of Your Storage Unit Goods and agree not to impede or cause any obstruction to enforcement of Our rights (other than remedying Your Default).
• (d) Your Default under one agreement with Us will constitute a Default under all agreements between You and Us and will entitle Us to take a Default Action in accordance with this clause 15 (Consequences of Default) as if it applies mutatis mutandis (i.e. with making necessary alterations) to each all of Your agreements with Us.

16. Unforeseen Events

On occurrence, or reasonably anticipated occurrence (such as further to an official weather warning from the relevant authorities), of an Unforeseen Event:

• (a) You must comply with all Our reasonable directions;
• (b) each party:

• 1. must comply (and must direct any of their associates to comply) with all directions from a government department, law enforcement agency (including police), and/or insurer; and
• 2. may, in consultation with the other party and subject to a continuing Unforeseen Event, terminate this Agreement on giving a reasonable notice in writing (which could be with immediate effect if it is reasonable in the circumstances) to the other party;

• (c) We may:
  • 1. suspend this Agreement and the parties’ rights and obligations under it for up to 30 days to allow Us to assess and remedy any damage (and no Mobile Fees will be payable during the suspension);
  • 2. take all actions reasonably necessary to minimise the damage to the Storage Unit and/or Facility caused by or incidental to the Unforeseen Event; and
  • 3. if it is reasonable to do so, offer You an alternative Storage Unit.
• (d) Where Your Storage Unit Goods in the Storage Unit stored at the Facility are severely damaged or, in Our reasonable opinion, pose any risk to Us, You consent to Us disposing of such Storage Unit Goods without any liability to You, upon giving You a written notice. Where practicable and safe to do so, You agree to attend the Facility at any reasonable time specified by Us, and (if required by Us) You will inspect the Storage Unit Goods in the Storage Unit for damage and/or clear out the Storage Unit as soon as possible and within any reasonable period specified by Us.
• (e) Where your Storage Unit Goods in the Storage Unit stored at the Premises are severely damaged or, in our reasonable opinion based on an inspection under clause 12 (Access, Inspection and Surveillance), pose any risk or threat to any person or property, you agree to inspect the Storage Unit Goods in the Storage Unit for damage and/or clear out the Storage Unit as soon as possible and within any reasonable period specified by Us.

17. Termination

• (a) Subject to clause 18 (Effect of Termination), this Agreement may be terminated:
  • 1. Termination Without Cause: after the Fixed Period has ended, by either party giving written notice to the other party for a period not less than the Termination Notice Period;
  • 2. Termination for Cause: by either party immediately (which may be confirmed by a subsequent notice in writing):
    • A. in the event of any Default under this Agreement by the other party, which is not capable of being remedied (including, where We determine, acting reasonably, that Your and/or Your Associate's behaviour and/or use of the Storage Unit and/or the Facility is illegal, environmentally harmful, antisocial, threatening or offensive);
    • B. upon giving a written notice to the other party to remedy a Default (including any Fees becoming overdue) under this Agreement and the other party fails to remedy the Default within 14 days of receiving notice;
  • 3. Termination due to Variation: by You in accordance with sub-clause 22(b); or
  • 4. Termination due to Unforeseen Event: by either party in accordance with sub-clause 16(b)(2).
• (b) If You purport to terminate this Agreement without giving the written notice to Us, termination will be deemed ineffective.

18. Effect of Termination

Termination of this Agreement does not affect any accrued rights or liabilities of the parties. Upon valid termination of this Agreement:

• (a) We will refund or set off (as applicable) the amount of any Mobile Fees paid by You in advance for any future whole month that has not yet commenced; and
• (b) You must:
  • 1. pay any outstanding Fees and any other amounts payable by You under this Agreement; and
  • 2. vacate the Storage Unit of all Storage Unit Goods, return to Us (whether by arranging collection by Us in accordance with clause 8 (Delivery and Collection of Storage Unit) or otherwise), the Storage Unit in substantially the same condition as it was when provided by Us (reasonable wear and tear excepted) and any of Our property in accordance with the Storage Rules, and leave the Storage Unit in a clean condition in accordance with the Storage Rules within 24 hours from termination unless otherwise agreed with Us in writing.
• (c) If You breach sub-clause 18(b), We may:
  • 1. deduct the amount from the Security Deposit in accordance with sub-clause 3(a)(1) (Fees); and,
  • 2. in respect of any shortfall, take any Default Action under clause 15 (Consequences of Default).
• (d) If, after We have notified You of Our intention to collect the Storage Unit from the Premises and despite Us having made reasonable efforts to contact You to arrange access to the Premises, You fail to attend the Premises to facilitate the access required by Us, You consent to Us entering onto the Premises and removing the Storage Unit from the Premises (by force if necessary).
• (e) Where We have been unable to collect the Storage Unit from the Premises within 42 days of the date of termination as a result of You breaching Your obligations under this clause 18, You may be liable for, and We will have the right to charge You, the Unit Replacement Fee payable in accordance with clause 3(a)(7) (Fees).

19. Disposal of Abandoned Goods

If You leave any of Your Storage Unit Goods unattended in a common area of the Facility in breach of the Facility Rules or fail to remove Storage Unit Goods from the Storage Unit (irrespective of whether the Storage Unit is still located at the Premises or the Facility) within seven (7) days of termination of this Agreement (Abandoned Goods), You authorise us to dispose of the Abandoned Goods (regardless of their nature or value) upon a 7-day written notice without any liability to You and without having any obligation to inspect and/or value the Abandoned Goods.

20. ACP and Nominee

You:

• (a) warrant that You have the ACP's and the Nominee’s consent to disclose their Personal Information to Us and that they are each severally authorised to act as Your agent whose decisions in relation to this Agreement will be legally binding on You; and
• (b) without limiting clause 20(a), authorise the following:
  • 1. Us to, at Our discretion, discuss any matter relating to this Agreement with the ACP, including confirming Your latest known contact details;
  • 2. in the event of You being absent, unwilling or unable to remove Your Storage Unit Goods when required to do so under this Agreement, allow the ACP to access the Storage Unit and remove Your Storage Unit Goods on terms agreed between Us and the ACP, whether before or after termination of this Agreement; and
  • 3. the Nominee to receive or dispatch the Storage Unit at/from the Premises (including liaising with us to arrange the receipt or dispatch of the Storage Unit) and to access the Storage Unit while it is located at the Facility.

21. Notice

• (a) A notice to a party under this Agreement must be in writing and emailed to that party’s email address or texted to that party’s mobile phone number specified in the Schedule (unless You have indicated that you decline to receive notices electronically, in which case the notice can be handed to You or Your Nominee or posted to Your latest known address). In the event two or more sets of contact details are provided in the Schedule, it will suffice to give notice in writing to any one of them.
• (b) A notice given in accordance with this clause must be treated as having been given and received on the day it is handed, emailed or texted or three business days after the notice has been posted by mail.

• (c) Details of any change to a party's (or a Nominee's) contact details must be notified to the other party within 2 business days of the change occurring.

22. General Provisions

• (a) Assignment. The rights granted under this Agreement are personal to You and You may not deal (including via change of control) with Your rights and obligations under this Agreement without Our written consent. Any purported dealing is deemed ineffective. You consent to Us dealing (including via change of control) with Our rights and obligations under this Agreement without prior notice to You (as seeking such consent from multiple storers would be impractical, among other things).
• (b) Variation. We may vary this Agreement by giving You at least 28 days' written notice of the variation pursuant to changes in applicable laws, market conditions and/or legitimate business interests (including for the proper operation, management, refurbishment or redevelopment of the Facility that may require Us to relocate You to another space (of similar dimensions) within the Facility or make any Fee adjustments). If You object to the variation, You may, before the expiration of the specified notice period, terminate this Agreement by giving no less than 24 hours’ written notice to Us. Additionally, We reserve the right to provide You with another storage unit (of the same or similar dimensions) and require You to relocate the Storage Unit Goods to the replacement storage unit if We, acting reasonably, deem it is necessary to do so for the proper operation and management of Our business and/or the Facility. If this occurs then that new storage unit will be the Storage Unit for all purposes under this Agreement.
• (c) Counterparts. This Agreement may be executed using electronic signatures and exchanged or delivered electronically and such execution, exchange and delivery will be legally binding in any number of counterparts.
• (d) No implied waiver. A failure and/or delay by a party to exercise a right under this Agreement resulting from a breach by the other party does not amount to a waiver of that breach or of any future breach of the same kind.
• (e) Severance. If a provision, or part of a provision, in this Agreement is held to be illegal, invalid, void, voidable, or unenforceable, then that provision, or part of a provision, must be read down to the extent necessary to ensure that it is valid and enforceable. Where it is not possible to so read down a provision, or part of a provision, then that provision, or part of a provision, is severable without affecting the validity or enforceability of the rest of this Agreement.
• (f) Entire Agreement. This Agreement records the entire agreement between the parties about its subject matter and supersedes all previous communications, representations, understandings or agreements between them (whether written or verbal).
• (g) Jurisdiction. The law of the state in which the Facility is located applies to this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and of the Commonwealth of Australia.
• (h) Disputes. If a dispute arises between the parties under this Agreement, the parties must attempt to settle the dispute with one another before instituting any legal proceedings.
• (i) Survival. Provisions of this Agreement which by their nature are meant to continue to run beyond the termination or expiry of this Agreement will survive its termination or expiry.