DEFINITION

1. In this Mobile Storage Agreement

1. ACP means the Storer's alternative contact person, as specified in your Mobile Storage Agreement Schedule.
2. Agreement means these Mobile Storage Agreement Full Terms, your Mobile Storage Agreement Schedule and the Privacy Collection Statement.
3. Cleaning Fee means the cleaning fee specified in your Mobile Storage Agreement Schedule.
4. Default Action means any of the actions described in clauses.
5. Deposit means the deposit amount specified in your Mobile Storage Agreement Schedule.
6. Facility means the FO's storage facility location specified in your Mobile Storage Agreement Schedule.
7. Facility Owner or FO means the facility owner specified at the top of your Mobile Storage Agreement Schedule and includes its directors, employees and agents.
8. Fees means, collectively, the fees described in clause.
9. Fixed Period means the fixed storage period specified in your Mobile Storage Agreement Schedule, or, where no such period is specified, the fixed storage period is 30 days, commencing on the date of this Agreement
10. Late Payment Fee means the late payment fee specified in your Mobile Storage Agreement Schedule.
11. No Show Fee means the no show fee specified in your Mobile Storage Agreement Schedule.
12. PPSA means the Personal Property Securities Act 2009 (Cth) and any regulations or instruments made under it, as amended or replaced from time to time.
13. Premises means the Storer's premises to which the Storage Unit is to be delivered by the FO in accordance with this Agreement, as specified in your Mobile Storage Agreement Schedule.
14. Refused Delivery Fee means the refused delivery fee specified in your Mobile Storage Agreement Schedule.
15. Storage Unit means the mobile storage unit specified in your Mobile Storage Agreement Schedule (or any other mobile storage unit as may be subsequently allocated to the Storer by the FO during the Storage Period).
16. Storage Fee means the storage fee specified in your Mobile Storage Agreement Schedule.
17. Storage Period means the total storage period specified in your Mobile Storage Agreement Schedule.
18. Storer means the storer (which may be one or more persons, as applicable) specified in your Mobile Storage Agreement Schedule.
19. Termination Notice Period means the termination notice period specified in your Mobile Storage Agreement Schedule or, where no such period is specified, the termination notice period is 30 days.
20. Transport Fee means the FO's fee for transporting the Storage Unit, as specified in your Mobile Storage Agreement Schedule.

STORAGE

2. The Storer:

1. May store its goods only in the Storage Unit;
2. Is deemed to have knowledge of the goods in the Storage Unit;
3. Warrants that it is the owner of the goods in the Storage Unit and/or is entitled at law to deal with such goods in accordance with all aspects of this Agreement;
4. Warrants that it will only use the Storage Unit for the purposes authorized under this Agreement;
5. Warrants that it has a proprietary interest in the Premises;
6. Acknowledges that this Agreement does not grant the Storer a lease of the Storage Unit;
7. Acknowledges that the Storage Unit is approximately the size advertised by the FO;
8. Acknowledges and agrees that, if the Storer is comprised or more than one person, this Agreement binds each of them jointly and severally; and
9. Agrees that all time limits imposed on the Storer under this Agreement must be strictly complied with.

3.The FO:

1. Does not (apart from delivery and, if applicable, collection of the Storage Unit) provide any services under this Agreement other than facilitation of the storage of goods in the Storage Unit;
2. Does not have, and will not be deemed to have, knowledge of the goods in the Storage Unit;
3. Is not a bailee nor a warehouseman of the goods stored in the Storage Unit and the Storer acknowledges that the FO does not take possession of the goods stored in the Storage Unit (whether the Storage Unit is located at the Facility, the Premises or is in transit between the Facility and the Premises); and
4. Claims a contractual lien over all goods stored in the Storage Unit until the FO receives payment of any sum due to it by the Storer. Subject to the provisions of this Agreement, and the PPSA (as applicable), if the FO does not receive payment of any sum payable to it in accordance with the provisions of this Agreement, the Storer will be deemed to be in default of its obligations under this Agreement and FO may take such Default Action as it deems appropriate.

DELIVERY AND COLLECTION OF STORAGE UNIT

1. Upon signing this Agreement, the Storer may make written requests to the FO for the Storage Unit to be delivered to, and collected from, the Premises, at the Storer's expense and at times agreed between the parties. The Storer will pay the Transport Fee for each delivery and each collection of the Storage Unit.
2. The Storer, or the Storer's nominated agent, is required to be present at the Premises at the agreed times for both delivery and collection of the Storage Unit and any failure to do so will incur a No Show Fee in respect of each such failure. If the FO is unable to deliver or collect the Storage Unit at any agreed time, the FO will notify the Storer but the FO will not be liable any loss or damage incurred by the Storer resulting from any delay in delivery or collection by the FO.
3. Without limiting clause, the Storer acknowledges that prior to signing this Agreement, the FO has provided it with the opportunity to inspect the Storage Unit to ensure that it is satisfied with the condition, quality and safety of the Storage Unit. The Storer confirms that the Storage Unit is suitable for its intended storage needs and complies with any description provided by the FO.
4. Upon delivery of the Storage Unit to the Premises, the Storer must give the FO a written acceptance of the Storage Unit which acknowledges the condition of the Storage Unit at the time of delivery. If the Storer fails to do so, the Storer may incur a Refused Delivery Fee in accordance with clause.

OWNERSHIP AND LOCATION OF STORAGE UNIT

1. The FO retains full rights in, or title to, the Storage Unit and the Storer does not acquire any proprietary rights in respect of the Storage Unit, notwithstanding:
   
   a) The delivery of the Storage Unit to the Premises;
   b) The use of the Storage Unit by the Storer; or
   c) Any temporary attachment of the Storage Unit to any land or buildings to facilitate the use of the Storage Unit by the Storer.
   
   If, following delivery of the Storage Unit to the Premises, the Storage Unit has become attached to any land or buildings in a manner that the FO reasonably considers has, or may, prejudiced or jeopardised the FO's right in, or title to, the Storage Unit, the Storer must promptly (at its own cost) take such action as the FO reasonably requires to preserve the FO's rights in, or title to, the Storage Unit.
2. Without limiting clause 8, the Storer acknowledges and agrees that it must not, under any circumstances, attempt to 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.
3. The Storer must (at its cost) do all things reasonably requested by the FO to make it clear that the FO is the owner of the Storage Unit. The Storer must not place, or allow to be placed, any name plates or other markings on the Storage Unit that are inconsistent with the FO's ownership. The Storer must not, remove, alter or deface any existing name plate, identification number, trademark or any other identifying mark or number on the Storage Unit without the FO's express prior written consent.
4. The Storer must notify any third party attempting to seize possession of the Storage Unit of the FO's ownership and must give immediate written notice to the FO of such seizure or attempted seizure.
5. 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 Storage Period. Following delivery of the Storage Unit to the Premises, the Storer must not remove the Storage Unit from the Premises without the FO's express prior written consent.

FEES, COSTS AND EXPENSES

1. Upon signing this Agreement, the Storer must pay to the FO:
   
   a) The Deposit (which, subject to the provisions of this Agreement, will be refunded to the Storer within 30 days of termination of this Agreement, less any deductions authorised by this Agreement); and
   b) Any other Fees specified in your Mobile Storage Agreement Schedule as being payable upon signing of this Agreement, using a payment method accepted by the FO.
   
2. The Storer must pay the following fees to the FO:
   
   a) The Storage Fee, which is payable monthly (or as otherwise agreed) in advance, by no later than the date in the preceding month which is specified in the "Storage Costs" section in your Mobile Storage Agreement Schedule. The FO may (but is not required to) issue monthly invoices in respect of the Storage Fee so it is the Storer's responsibility to ensure that it meets this payment obligation on time and in full throughout the Storage Period.
       i) The FO may increase the Storage Fee any time after the expiry of the Fixed Period but must provide at least 28 days’ notice of any increase. If the Storer objects to the increase, the Storer may, before the expiration of that 28 day period, terminate this Agreement and move out by giving no less than 24 hours’ notice to the FO (i.e. instead of the usual notice period required under clause for the Storer to terminate this Agreement).
       ii) Any Storage Fees paid by direct deposit/direct credit (Direct Payment) will not be credited to the Storer’s account with the FO unless the Storer identifies its Direct Payment clearly and as reasonably directed by the FO. The Storer indemnifies the FO against any claim for loss, damage or expenses incurred by the FO in connection with its enforcement of this Agreement, including in relation to the sale or disposal of the Storer's goods, due to the Storer’s failure to correctly identify a Direct Payment;
   b) the Cleaning Fee, payable on demand from the FO if the FO reasonably determines that the Storage Unit requires cleaning;
   c) Transport Fee, payable upon completion of each delivery of the Storage Unit to the Premises or each collection of the Storage Unit from the Premises;
   d) A Late Payment Fee, payable each time a Storage Fee payment is late;
   e) A No Show Fee, payable on each of the following occurrences:
       i) each time the Storer, or the Storer's nominated agent (if applicable), fails to be present at the Premises at the agreed time for delivery or collection of the Storage Unit; and
       ii) each time the Storer, or the Storer's nominated agent (if applicable) fails to be present at the place and time specified in a notice issued by the Storer under clause 19(a);
   f) A Refused Delivery Fee, payable if the Storer fails to accept delivery of the Storage Unit in accordance with clause 7, provided that such failure is not reasonably attributable to any breach of this Agreement or any applicable law by the FO; and
   g) Any reasonable costs incurred by the FO in collecting late or unpaid Fees, maintaining the Storer's goods on behalf of the Storer, paying emergency or security service call-out fees where the Facility's alarm systems are triggered by the acts or omissions of the Storer (or any person permitted by the Storer to enter the Facility), selling the Storer's goods in accordance with the provisions of this Agreement, or in enforcing this Agreement in any way including, but not limited to, postage, telephone, debt collection or personnel costs and any Default Action costs (including court costs and all reasonably incurred legal costs), using a payment method accepted by the FO.
3. The Storer is responsible for payment of any council fees, council permits or government taxes, charges or duties (including any goods and services tax) payable in respect of this Agreement.

DEFAULT AND DEFAULT ACTION

• The Storer acknowledges that all goods stored in the Storage Unit are subject to a contractual lien for Fees owing to the FO by the Storer. Notwithstanding clause 41 and subject to clause 16(c), if any Fees are not paid in full within 42 days of the due date, the FO may keep and retain for itself the Deposit and either:
  
  a) (where the Storage Unit is physically located at the Facility) enter the Storage Unit, by force if necessary, to take possession of the goods stored; or
  b) (where the Storage Unit is located at the Premises) enter onto the Premises and remove the Storage Unit from the Premises (by force if necessary) and then enter the Storage Unit, by force if necessary, to take possession of the goods stored,
  c) For the purposes of taking one or more of the following actions (in the FO's sole discretion):
  d) Redeliver the goods to the last advised address of the Storer or, if the Storage Unit is located at the Premises, leave the Storer's goods at the Premises;
  e) Sell the goods on such terms that the FO may determine in its sole discretion (which may include a sale in one or more lots by private arrangement or public auction); and/or
  f) (If such goods remain unsold after being offered for sale or, in the FO's reasonable opinion, are unsaleable, of insufficient value to warrant a formal sale process or pose a health and safety risk) dispose of such goods in any manner the FO sees fit,(each of the above actions being a Default Action). The Storer consents to any Default Action being taken under this clause 16(a), regardless of the nature or value of such goods. For the avoidance of doubt, the FO may take Default Action without terminating this Agreement.
• For the purposes of the PPSA, the FO is deemed to be in possession of the goods stored in the Storage Unit from the moment the FO accesses the Storage Unit.
• The FO will provide at least 14 days' written notice to the Storer that the Storer is in default of this Agreement before taking any Default Action, providing the Storer with reasonable time to rectify its default.
• If any funds are recovered by the FO from any Default Action, such funds shall be applied by the FO as follows:
  
  a) First, to pay the FO's costs of, and associated with, taking any Default Action;
  b) Second, subject to any rights of third parties under the PPSA, to pay all outstanding Fees owed to the Storer and any costs or expenses incurred by the FO in connection with retaking possession of the Storage Unit (if applicable), accessing the Storage Unit and maintaining the goods until Default Action was taken; and
  c) Third, any excess funds will be returned to the Storer within 6 months of the Default Action being completed. If the Storer cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority.
• If the Storer has more than one storage unit or storage space with the FO, default in respect of Fees payable relating to any of those storage unit(s) or space(s) entitles the FO to take Default Action in respect of all of such storage units or space(s).
• If the FO reasonably believes it is a health and safety risk to conduct an inventory of goods stored in the Storage Unit, the FO may take Default Action without undertaking such an inventory. In such circumstances, the FO need not open or empty bags or boxes to assess the contents and may instead dispose of all bagged and/or boxed items without opening them.
• This clause 16 survives termination of this Agreement.

FO'S FURTHER RIGHT TO DISPOSE OF GOODS

• If, upon termination of this Agreement by either party, the Storer fails to remove all of its goods from the Storage Unit within 7 days of such termination, the FO is authorised to dispose of such goods, regardless of the nature or value of the goods. The Storer's obligation applies whether the Storage Unit is still located on the Premises or at the Facility. In such circumstances, the FO will:where the Facility and the Premises are located outside the State of South Australia, give 7 days’ written notice to the Storer of the intended disposal and the provisions of clause 16(d) shall apply as if such disposal were a Default Action; or where the Facility and the Premises are located in the State of South Australia, exercise its rights to sell the goods in accordance with the Unclaimed Goods Act 1987 (SA) which includes obligations (depending on the value of the goods) for the FO to sell the goods by public auction (with appropriate notice to be given), notify the Commissioner of Police and the Storer or apply to the Court for authorisation to sell the goods, provided that the FO may only exercise its rights after the expiry of 3 months from the end of the 7 day period referred to above.
  
  a) Where the Facility and the Premises are located outside the State of South Australia, give 7 days’ written notice to the Storer of the intended disposal and the provisions of clause 16(d) shall apply as if such disposal were a Default Action; or
  b) Where the Facility and the Premises are located in the State of South Australia, exercise its rights to sell the goods in accordance with the Unclaimed Goods Act 1987 (SA) which includes obligations (depending on the value of the goods) for the FO to sell the goods by public auction (with appropriate notice to be given), notify the Commissioner of Police and the Storer or apply to the Court for authorisation to sell the goods, provided that the FO may only exercise its rights after the expiry of 3 months from the end of the 7 day period referred to above.
• If the Storer, for any reason, leaves any of its goods unattended in a common area of the Facility for an unreasonable period of time (as determined by the FO, acting reasonably), the FO may:
  
  a) Where the Facility is located outside the State of South Australia, take any Default Action in respect of such goods. The FO will give 7 days' written notice of the intended Default Action and the provisions of clause 16(d) shall apply; or
  b) Where the Facility is located in the State of South Australia, exercise its rights to sell the goods in accordance with clause.

ACCESS AND CONDITIONS OF USE OF THE STORAGE UNIT

• The Storer:
  a) Must, unless a shorter notice period is agreed to by the FO in its sole discretion, give the FO not less than 5 working days' written notice if the Storer:
      i) Requires access to the Storage Unit while it is located at the Facility; or
      ii) Requires the Storage Unit to delivered to, or collected from, the Premises.
      iii) Failure by the Storer to be present at the Facility or the Premises (whichever is applicable) after giving such notice to the FO will incur a No Show Fee;
  b) Acknowledges that, if the Storer is comprised of more than one person, each person comprising the Storer (or in the case of a Storer who is a corporation, each person acting with the actual or apparent authority of the Storer) may, subject to the provisions of this Agreement, access and use the Storage Unit;
  c) Must not store any goods that are hazardous, dangerous, illegal, stolen, flammable, explosive, environmentally harmful, perishable, living, or that are a risk to the property of any person;
  d) Must ensure that any goods stored in the Storage Unit are dry, clean, free of vermin and food scraps and are not mouldy when placed inside the Storage Unit;
  e) Unless the Storer has received the prior written approval of the FO, may only use the Storage Unit solely for the purpose of storage and must not carry on any business or other activity in the Storage Unit including, but not limited to, residing, dwelling or loitering in the Storage Unit;
  f) Must, at its own cost at all times while the Storage Unit is located on the Premises, ensure that the Storage Unit is capable of being operated fully and efficiently for its intended purpose and capacity and must keep and maintain the Storage Unit properly serviced, in proper working order and in a state of good repair. The Storer is responsible for the cost of cleaning the Storage Unit (if deemed necessary by the FO) and the FO may apply the Deposit towards any Cleaning Fee;
  g) Must not physically alter or damage the Storage Unit in any way (including by using nails or screws) without the FO's prior consent. Upon termination of this Agreement and unless otherwise agreed in writing by the parties, the Storer must return the Storage Unit in substantially the same condition as it was when provided by the FO (reasonable wear and tear excepted). The Storer is responsible for the cost of any repairs to the Storage Unit (if deemed necessary by the FO) and the FO may apply the Deposit towards such costs, provided that where, in the FO's reasonable opinion, the damage caused to the Storage Unit is major and causes the Storage Unit to be unsafe and/or unsuitable for continued use, the FO may issue a written demand to the Storer for an amount equivalent to the replacement value of the Storage Unit, as calculated by the FO and allowing for the age of the Storage Unit, and such demand is payable by the Storer immediately after the expiry of 14 days following issue of the demand;
  h) Is 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 the FO). The Storer must notify the FO in writing as soon as reasonably practicable (and not more than 48 hours) after becoming aware of any damage to the Storage Unit which exceeds normal wear and tear;
  i) Must only use the Storage Unit in the manner specified by the FO and in accordance with recognised methods and standards for storage units of that type and not use it, or allow it to be used, in any way that would breach any applicable law or harm other persons or property. The Storer must also comply with all instructions and/or recommendations of the FO and the manufacturer regarding the use of the Storage Unit;
  j) Comply with all applicable laws, regulations, requirements and rules (as applicable) reasonably necessary for the safe and lawful use of the Storage Unit. If any additional or other equipment, appliance, part, instrument, accessory, replacement or alteration is required in order for the Storage Unit to comply with applicable laws, regulations, requirements or rules, the Storer agrees to acquire, incorporate, install, attach or make such addition, equipment, appliance, part, instrument, accessory, replacement or alteration upon becoming aware of the requirement to do so, subject to obtaining the FO's express prior written consent, or upon demand by the FO. Any such addition, equipment, appliance, part, instrument, accessory, replacement or alteration will be at the FO's cost and, unless otherwise agreed by the FO in writing, will be deemed to be part of the Storage Unit (and so the FO's property) without the need for any further act by either party;
  k) Is solely responsible for securing the Storage Unit (in a manner acceptable to the FO). If the Storer fails to secure the Storage Unit while the Storage Unit is located at the Facility, the FO may apply a lock to the Storage Unit and post the keys to the Storer at the Storer’s expense. The Storer is not permitted to apply a padlock to their Storage Unit in the FO’s overlocking position and the Storer may have any such padlock forcefully cut off at the Storer’s expense;
  l) Must comply with all health and safety notice and rules of the Facility as may be publicly posted at the facility or otherwise notified to the Storer by the FO;
  m) Cannot assign this Agreement and must not allow a third party to store goods in the Storage Unit;
  n) Must give written notice to the FO of any change to the Storer's contact details or the ACP's contact details within 48 hours of the change occurring;
  o) Authorizes the ACP to discuss any default by the Storer with the FO and to provide any information it holds regarding the Storer or the Storer's location to the FO. Further, the Storer acknowledges that where the FO reasonably believes that the Storer is unwilling or unable to remove its goods from the Storage Unit when required to do so under this Agreement, the FO may allow the ACP to remove the Storer's goods on such terms as agreed between the FO and the ACP (without the need for further consent from the Storer);
  p) Is solely responsible for determining whether the Storage Unit is appropriate and suitable for storing the Storer’s goods, having specific consideration for the size, nature and condition of the Storage Unit and the goods being stored; and
  q) Acknowledges that where the FO has reasonable proof that the Storer is deceased and the Storage Unit is located at the Facility, the FO is authorised to overlock the Storage Unit and/or force or permit access to the Storage Unit and the release of all goods to the Storer's executor or administrator only.
• The Storer must not, any time during the Storage Period, attach, affix or secure the Storage Unit to the Premises without the FO's express prior written consent and then only to the extent reasonably necessary for the proper use of the Storage Unit. It is the Storer's responsibility to ensure that doing so will not breach any relevant law or the rights of any third party and the Storer must not direct the FO to deliver the Storage Unit to a location where doing so would be a breach of this clause.
• Without limiting any other provision of this Agreement, if the Premises are owned by the Storer, the Storer agrees that:
  
  a) The Storage Unit will not be deemed a fixture under any circumstances;
  b) The FO is 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 arising from, or in connection with, such entry onto the Premises and/or the removal of the Storage Unit; and
  c) Prior to granting any form of security over the Premises to any third party lender, the Storer must, without the need for any request to be made by the FO, obtain a written acknowledgment from such lender that:
      i) The Storage Unit is not a fixture in relation to the Premises;
      ii) The lender will not make any claim in relation to the Storage Unit;
      iii) In the event of any default by the Storer under any borrowings from the lender, the lender will permit the FO to enter the Premises and remove the Storage Unit.
• Without limiting clause 16, the FO may, while the Storage Unit is located at the Facility, refuse access to the Storage Unit and/or the Facility by the Storer where any amount owing by the Storer to the FO under this Agreement remains unpaid after the FO has requested such payment in writing. The FO will not be liable for any loss or damage suffered by the Storer resulting from any inability to access the Storage Unit and/or the Facility as a result of such refusal.
• The FO reserves the right to provide the Storer with another storage unit (of the same or similar dimensions) and require the Storer to relocate its goods to the replacement storage unit if the FO, acting reasonably, deems it is necessary to do so for the proper operation and management of its business and/or the Facility. If this occurs then that new storage unit will be the Storage Unit for all purposes under this Agreement.
• Without limiting clause 16, if, while the Storage Unit is located at the Facility, the Storer's goods in the Storage Unit are severely damaged by a fire, flood or some other event which, in the FO's reasonable opinion, has caused such goods to be hazardous or dangerous to other storers and/or their goods, the FO or the Facility, the FO may, at the Storer's expense, dispose of such severely damaged goods. Where practicable, the FO will provide the Storer with reasonable notice and an opportunity to review the goods before disposal. The FO will not be liable for any loss or damage suffered by the Storer as a result of such disposal action.

RISK AND RESPONSIBILITY

• The Storer warrants that it will not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art, items of personal sentimental value or that are worth more than $2,000 AUD (in total) unless they are itemised and covered by insurance.
• The Storer is responsible (and must pay) for any loss or damage caused:
  
  a) While the Storage Unit is located at the Facility, by a third party who enters the Storage Unit (or the Facility) at the request or direction of the Storer or whose entry to the Storage Unit (or the Facility) was facilitated by any action (or failure to act) of the Storer (including, but not limited to, the provision of a key, access card or codes or by leaving the Storage Unit or Facility unsecured); and
  b) By the Storage Unit while it is located on the Premises.
• The Storer acknowledges that to the extent permitted by law, having regard to any non-excludable consumer guarantees under any applicable consumer protection laws (Non-Excludable Guarantees), the Storer's goods are stored at the sole risk and responsibility of the Storer who, except to the extent of any negligence by the FO, is responsible for any and all theft, damage to, and deterioration of its goods. To the extent permitted by law and subject to the Non-Excludable Guarantees, the FO makes no representations to the Storer and gives no warranties or guarantees to the Storer (whether express or implied) in respect of or in relation to the storage of the Storer's goods under this Agreement, other than as expressly stated in this Agreement. The Storer, except to the extent of any negligence by the FO, bears the risk of any and all damage caused by flood, fire, leakage or overflow of water, mildew, mould, heat, spillage of material from any other storage unit, removal or delivery of the goods, pest or vermin or any other reason whatsoever.
• If, notwithstanding any other provision of this Agreement, the FO is liable to the Storer in any way, the FO's liability is limited to the total Storage Fees paid to the FO under this Agreement, to the extent permitted by law. The Storer acknowledges that it is aware of the limitations of liability set out in this clause, that this clause does not, and that the FO does not intend to, exclude the Storer's non-excludable rights under any applicable consumer protection laws, and that, in all the circumstances, such limitations on the FO's liability, to the extent they are permitted by law, are reasonable.
• Except to the extent of any negligence by the FO, the Storer is responsible for any liability, claim, loss, damage or injury, whether to the Storer, the FO, the Facility or any third parties, caused by, resulting from or incidental to the use of the Storage Unit by the Storer (including any use for which the FO has given prior written approval), its agents or the ACP (including, but not limited to, storage of goods in the Storage Unit, the goods themselves, using the Storage Unit in a manner that infringes local planning laws and/or accessing the Facility).
• Without limiting any other provision of this Agreement, the Storer will comply with all relevant laws applicable to the use of the Storage Unit. This includes laws relating to the goods which are stored, and the manner in which they are stored. Liability for any breach of such laws rests absolutely with the Storer and includes all costs resulting from any non-compliance.
• If the FO reasonably believes that the Storer is not complying with clause 30, the FO may (in its reasonable discretion):
  
  a) Take any action it believes necessary to ensure compliance, including inspection of the Storage Unit under clause 33;
  b) Immediately dispose of or remove the goods in the Storage Unit at the Storer's expense; and/or
  c) Contact, cooperate with and/or submit the goods to the relevant authorities.
  ‍
  The Storer agrees that the FO can take any such action at any time, even though the FO could have acted earlier.

INDEMNITY

• The Storer indemnifies the FO against any claim for loss, damage or expenses incurred by the FO (including court costs and legal fees reasonably incurred) in connection with or arising out of the Storer's possession, use or operation of the Storage Unit, except to the extent that the FO is responsible for such loss, damage or expense in accordance with this Agreement. For the avoidance of doubt, this indemnity includes, but is not limited to, any loss, damage or expense incurred by the FO in connection with any seizure of the Storage Unit from the Premises under or in connection with any seizure, distress, confiscation, forfeiture or similar legal process undertaken in respect of the Storer.

INSPECTION AND ENTRY BY THE FO

• Subject to clauses, the Storer consents to the FO entering the Storage Unit and, if the Storage Unit is located on the Premises, the Premises, for the purposes of general inspection of the Storage Unit and/or the goods stored in the Storage Unit and the Storer will attend at the Facility or the Premises (whichever is applicable) for the purposes of granting the FO entry to the Storage Unit, provided that the FO gives 14 days’ written notice.
• In the event of an emergency, the FO may enter the Storage Unit and, if the Storage Unit is located on the Premises, the Premises, using all necessary force without the prior written consent of the Storer. The FO will notify the Storer as soon as practicable of such entry. The Storer irrevocably consents to such entry. For the avoidance of doubt, an emergency includes, but is not limited to, where the FO believes that clause 19c) and/or clause 30 is being breached, or where the FO reasonably believes property, the environment or human life or safety is threatened, or where the FO allows access, inspection or seizure by relevant authorities.
• The Storer agrees that in circumstances where the FO reasonably suspects that clause 19(c) and/or clause 30 is being breached or that damage has been caused to the Storage Unit, the FO may use a microprobe or other CCTV camera to view the inside of the Storage Unit and any footage obtained which evidences a breach of this Agreement or the law may be relied upon by the FO to take any action authorised under this Agreement, including terminating this Agreement and/or cooperating with law enforcement agencies and other authorities.

GOODS HANDLING EQUIPMENT

1. The Facility may make forklifts, walking stackers and other goods handling equipment available to assist the Storer to access and/or manage the Storage Unit. Such equipment may only be used by the Storer (and no other person on the Storer’s behalf) if the Storer:
   a) Is experienced with the particular equipment, knows how to use it safely, and uses it safely; and
   b) Complies with all applicable health and safety instructions and directions for use for that equipment.
2. The Storer warrants that it will:
   a) Only use goods handling equipment in compliance with clause 36;
   b) Not allow any person to use such equipment on the Storer's behalf; and
   c) Be responsible for any damage caused to the equipment, the Facility, any property in the Storage Unit or Facility, and/or for injury arising from, the:
       i) Storer's use of such equipment; or
       ii) Use of such equipment on the Storer's behalf.

NOTICE

• Subject to clause 39, notices under this Agreement will be sent electronically, by text message to the Storer's mobile number and/or email to the Storer's email address, as specified in the contact details in the Storer's Mobile Storage Agreement Schedule. Any such notice is deemed to have been given to the Storer on sending by the FO to the nominated mobile number or email address. Notices given by the Storer to the FO must be actually received by the FO to be valid and the FO may further specify a required method of delivery.
• Where the Storer has indicated in the Mobile Storage Agreement Schedule that they do not want to receive notices electronically, the FO will send any notices required under this Agreement to the address specified in the contract details in the Storer's Mobile Storage Agreement Schedule or as otherwise notified by the Storer to the FO in writing or by telephone..
• If the FO is not able to contact the Storer, notice is deemed to have been given to the Storer by the FO if the FO has sent a notice to the Storer's last notified address (including electronically) and to the ACP's last notified address.
• If there is more than one Storer, notice to or by any single Storer is agreed to be sufficient for the purposes of any notice requirement under this Agreement.
• Except where the Facility and the Premises are located in the State of South Australia, the Storer and the FO agree that the FO may, but is not obliged to, give notice of any proposed sale of the Storer's goods in accordance with the FO's rights under this Agreement in a newspaper distributed throughout the relevant state or territory and/or nationally and may include the Storer’s name for this purpose.

TERMINATION

• This Agreement may be terminated:
  ‍
  a) After the expiry of the Fixed Period, by either party giving written notice to the other party (for a period not less than the Termination Notice Period), or, in the case of the FO being unable to contact the Storer, by the FO giving such notice to the ACP; or
  b) By the FO, immediately upon notice to the Storer, which may be given at any time, if:
      i) The Storer breaches;
      ii) If, upon entering into the Storage Unit in accordance with the provisions of this Agreement, the FO discovers that no goods are stored in the Storage Unit. If the FO terminates under this clause 43(b)(ii), the FO will provide the Storer with written confirmation of the termination within 7 days of such entry;
      iii) If the FO reasonably determines that any of the Storer's activities in respect of the Storage Unit and/or the Facility are otherwise illegal, environmentally harmful, antisocial, threatening or offensive; or
      iv) Circumstances beyond the control of the FO arise, including fire, flood, or some other event which, in the FO's reasonable opinion:
          1. Renders the Facility and/or the Storage Unit hazardous or dangerous to the Storer, other storers and/or their goods, the FO, the Storage Unit or the Facility;
          2. Prevents the FO from performing its obligations under this Agreement for at least 14 days; or
      v) requires the emptying of the Storer's Storage Unit.
• If the Storer purports to terminate this Agreement without giving the written notice required under clause, the FO may deduct Storage Fees for the required notice period from the Deposit.
• Upon termination of the Agreement (for any reason), the Storer must:
  
  a) Remove all goods in the Storage Unit before the close of business on the date of termination and leave the Storage Unit in a clean condition and good state of repair to the satisfaction of the FO;
  b) If the Storage Unit is located at the Premises, do all things reasonably necessary to facilitate the collection of the Storage Unit from the Premises by the FO (at the Storer's cost) at the time and date notified to it by the FO, including, but not limited to, being onsite at the Premises to arrange access by the FO to the Storage Unit. The Storer expressly authorises the FO to enter onto the Premises for the purposes of collecting the Storage Unit. If, after the FO has notified the Storer of its intention to collect the Storage Unit from the Premises and despite the FO having made reasonable efforts to contact the Storer to arrange access to the Premises, the Storer fails to attend at the Premises to facilitate the access required by the FO, the FO may enter onto the Premises and remove the Storage Unit from the Premises.
  c) Where the FO has been unable to collect the Storage Unit from the Premises within 8 weeks of the date of termination as a result of the Storer breaching any of its obligations, the FO may issue a written demand to the Storer for an amount equivalent to the replacement value of the Storage Unit, as calculated by the FO and allowing for the age of the Storage Unit, and such demand is payable by the Storer immediately after the expiry of 14 days following issue of the demand; and
  d) pay any expenses on default, outstanding Fees and any other amounts payable by the Storer under this Agreement up to the date of termination, failing which, the FO may take any Default Action. The FO will calculate such amounts and notify the Storer in writing as soon as practicable.
• If the Storage Unit is located at the Facility and the FO reasonably believes that the Storer will not perform its obligations or the Storer fails to respond in a reasonable period to any notices sent by the FO, the FO may, but is not obliged to, permit the ACP to access the Storage Unit to perform such obligations and the Storer irrevocably authorises the FO and the ACP to take this action.
• Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement survive termination of this Agreement.

PERSONAL PROPERTY SECURITIES

1. For the purposes of this Agreement the terms used in clauses 47, 48, 49, 50 and 51 have the same meanings as given under the PPSA.
2. The FO’s rights in, or title to, the Storage Unit constitute a security interest for the purposes of the PPSA and this Agreement is a security agreement. The Storer must, at its cost and immediately upon the FO’s request:
   
   a) Do all things reasonably required (including execution of documents) to ensure the FO has a continuously perfected security interest created in the Storage Unit pursuant to this Agreement including, but not limited to:
       i) Providing details of any item of collateral sufficient to complete registration of the security interest in accordance with the requirements of the PPSA;
       ii) Enabling the FO to apply for registration of, or give any notification in relation to, the security interest; and
       iii) Enabling the FO to exercise rights in relation to the security interest;
   b) Procure from any person considered by the FO to be relevant to its security position, such agreements and waivers as the FO may at any time require to ensure the FO attains the highest ranking security possible in respect of the security interest; and
   c) Not claim nor exert any right of possession over the Storage Unit in any manner contrary to the FO’s right to possession of the Storage Unit.
3. Where permitted by the PPSA:
   
   a) The Storer waives any right to receive the notifications, verifications, disclosures or other documentation specified under sections  of the PPSA; and
   b) The FO and Storer agree to contract out of sections 96, 125, 129, 142 and 143 of the PPSA and nothing in the provisions of such sections of the PPSA shall apply to this Agreement.
   ‍
4. To the extent permitted by the PPSA:
   
   a) The provisions of Chapter 4 of the PPSA which are for the benefit of the Storer, or which place obligations on the FO, will apply only to the extent that they are mandatory or the FO agrees to their application in writing; and
   b) Where the FO has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
   ‍
5. The Storer appoints the FO to be an interested person and the Storer’s authorised representative for the purposes of section of the PPSA.
6. The Storer agrees not to register a security interest over the FO.

NATURAL DISASTERS AND RELATED ISSUES

1. If there has been a fire, flood, earthquake, or another issue adversely affecting the access or use for storage purposes of the Storage Unit or all or part of the Facility:
   
   a) The Storer must comply with all:
       i) Reasonable directions of the FO; and
       ii) All directions from a government department, law enforcement agency (including police), or insurer;
   b) The Storer agrees to attend the Storage Unit at any reasonable time specified by the FO, and (if required by the FO) the Storer will inspect the goods in the Storage Unit for damage and/or clear out the Storage Unit as soon as possible and within any period reasonably specified by the FO;
   c) the FO may take all actions reasonably necessary or desirable, including any or all of the following:
       i) Complying with directions from any government department, law enforcement agency (including police), or insurer;
       ii) Suspend this Agreement and the parties obligations under it for up to 30 days to allow the FO to assess and remedy any damage (and no Storage Fees will be payable during the suspension);
       iii) Terminate this agreement on giving any reasonable notice (including with immediate effect); and
       iv) At its discretion, offer the Storer an alternative Storage Unit.

PRIVACY

1. The FO may:
   a) May collect information about the Storer, including the Storer’s Personal Information (as defined in the Privacy Act 1988 (Cth)) (Personal Information), to assist in the provision of storage to the Storer, maintaining the Storer’s account, and the FO’s enforcement of this Agreement in any way; and
   b) May disclose any information about the Storer, including the Storer’s Personal Information, to government departments, law enforcement agencies, including the police, any person who can demonstrate a legal or equitable interest in the goods stored to the FO's reasonable satisfaction, liquidators, administrators or other persons appointed to administer the Storer’s financial affairs, debt collection services, credit reporting and identity verification agencies (including, but not limited to, Storer Check Pty Ltd), the ACP and agents for any of the above.
2. The Storer warrants that it has:
   a) The right to disclose information to the FO about the ACP (including Personal Information) and that the FO may use this information as it would Personal Information collected about the Storer; and
   b) Informed the ACP that the Storer has made the disclosures referred to in clause.
3. The parties acknowledge and agree that the ACP may access and correct the information held by the FO in the same manner the Storer may correct its Personal Information.

GENERAL

1. If any clause, term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of this Agreement.
2. No failure or delay by the FO to exercise its rights under this Agreement will operate to waive or reduce such rights.
3. The FO enters into this Agreement for itself and on behalf of its directors, employees and agents.
4. This Agreement constitutes the entire agreement between the FO and the Storer and supersedes and extinguishes all previous discussions, correspondence, negotiations, agreements, assurances, warranties, representations and understandings between them (whether written or oral).
5. The FO may vary this agreement by giving the Storer notice in writing of the variation. The FO must provide reasonable notice, of at least 28 days, of any variation. Any amendment or update of this agreement made by the FO will take effect on the date notified by the FO. If the Storer objects to the variation, the Storer may, before the expiration of that 28 day period, terminate this Agreement and move out by giving no less than 24 hours’ notice to the FO (i.e. instead of the usual notice period required  for the Storer to terminate this Agreement). For the avoidance of doubt, if the Storer terminates this agreement under clause 62. Any relevant Storage Fees already paid in advance by the Storer shall be refunded pro-rata to the Storer on termination of this agreement.

THIS AGREEMENT IS PROPERTY OF THE SELF STORAGE ASSOCIATION OF AUSTRALASIA. ALL UNAUTHORISED USE WILL BE PROSECUTED.