National Mini Storage Self Storage Licence Agreement – Standard Terms and Conditions
1 AGREEMENT IS A LICENCE TO ACCESS
1.1 This Agreement grants you a right to access the storage units identified on the
cover page and in any subsequent invoice and store your goods in the storage
unit on the terms of this Agreement, in return for your payment of the fees.
1.2 Except for any specific products or services listed on the cover page or
otherwise agreed in writing by us, we do not provide any other services to you
with respect to your storage unit or your goods. In particular:
(a) we are not a warehouseperson, or a bailee of your goods;
(b) we do not have any knowledge of the goods you store in the storage unit;
(c) we do not take possession of your goods, except as permitted by this
Agreement; and
(d) you store the goods at your risk. You should take out insurance to cover
you in the event of theft, or of damage to your goods.
1.3 You acknowledge that we have a general lien over your goods for all fees,
charges and other amounts you owe us under this Agreement. This lien is also
a security interest for the purposes of the Personal Property Securities Act 1999.
We may exercise our rights under this lien where you default in paying us, in
accordance with clause 5 below.
1.4 This Agreement is personal to you. You may not sublet, sub-licence, assign or
otherwise transfer this Agreement or your right to access the storage unit to any
other person without our prior written consent.
2 TERM AND TERMINATION
2.1 This Agreement starts on the day set out in the front page of this Agreement and
continues for a minimum term of one calendar month or other minimum term
agreed in writing by us (Initial Term) .
2.2 On the expiry of this Initial Term, this Agreement continues until terminated by
you or us:
(a) either of us may terminate this Agreement at any time after the Initial Term
by giving us one week’s written notice to the other; and
(b) we may terminate this Agreement without notice to you, if you breach
clause 7.
3 WHAT HAPPENS ON TERMINATION
3.1 On termination of this Agreement for any reason you must:
(a) pay all outstanding amounts due and payable under this Agreement
immediately; and
(b) remove all goods from the storage unit and leave the storage unit in a
clean condition, in a good state of repair (fair wear and tear excluded.
3.2 The provisions of clause 5 will apply if you fail to pay any amounts due and
payable to us.
4 FEES AND PAYMENT
4.1 On entering this Agreement you must pay to us:
(a) the first month’s fees; and
(b) all other charges and amounts, including the administration charge,
as specified on the cover page and in any invoice. Should you or anyone you
authorise, enter or attempt to enter the facility outside its opening hours
triggering a security call out or the alarm system, we may recover from you those
external costs we incur arising from that security call out or alarm.
4.2 During the term of this Agreement:
(a) you must pay the hireage fee, specified on the cover page or otherwise in
any invoice, in advance and in the manner specified in the invoice;
(b) we may increase the hireage fee on giving you at least one month’s
written notice. If the increased fee is unacceptable to you, you may
terminate this Agreement on giving us one week’s written notice at any
time and the provisions of clause 3 will apply;
(c) if you fail to make any hireage payment when due:
(i) we may charge a late payment fee of 10% of the monthly fee, each
month the fee remains unpaid; and
(ii) we may also charge you for our reasonable costs in recovering the
amounts you owe us, including any dishonour or other fees charged
by your or our bank.
5 FAILURE TO PAY
5.1 If you fail to pay any amounts owing to us when those amounts are due, and the
amounts owed remain unpaid within 7 days of the due date for payment:
(a) we may stop you from accessing the facility or your storage unit until you
pay all amounts owing; and/or
(b) we may exercise our rights under our general lien by breaking your lock
and entering your storage unit, or putting our own lock on your storage
unit, to take possession of the good.
5.2 If we take possession of your goods we may, after giving you at least 7 days’
notice:
(a) sell the goods privately or by public auction; or
(b) dispose of the goods in any other way,
and any money recovered from the sale or disposal of the goods will be applied:
(c) first in payment of all costs associated with selling or disposing of the
goods (including valuation, auctioneer or other costs);
(d) second, towards all amounts you owe us under this Agreement;
(e) third, any amounts remaining will be paid to you.
5.3 We may, but we are not obliged to, contact any Alternate Contact Person
identified on the front page of this Agreement before we take possession of, or
sell, the goods. You acknowledge that we may notify any Alternate Contact
Person of your default.
6 YOUR RIGHTS AND OBLIGATIONS
6.1 You can access the storage unit only during the times notified by us when the
facility is open. We may need to restrict access in the event of an emergency or
for safety reasons. You will comply with our reasonable health and safety
directions notified to you when accessing the premises.
6.2 You are responsible for securing your own storage unit. We will not hold keys to
your storage unit or manage access to your storage unit.
6.3 You are also responsible for the security of any access card, pass or code to the
facility. You must notify us immediately if you misplace any access card, pass or
code, or if the card, pass or code is stolen. We may deactivate any access card,
pass or code where we have a reasonable suspicion that the card, pass or code
is being misused, or used without your permission.
6.4 You must keep the storage unit clean, tidy, in a good state of repair and free of
litter and other fire risks. Please tell us if there is a problem with your storage
unit.
6.5 You may only use the storage unit to store goods. You must not use the storage
unit for any other purpose or carry out any other activity from the storage unit.
6.6 You must comply with all applicable laws in your access to the storage unit and
storage of goods in the storage unit.
6.7 You must not attach, affix or construct anything on or to the storage unit without
our prior written consent.
7 PROHIBITED GOODS
You must not store hazardous substances, illegal, stolen, explosive, harmful, or
perishable goods, or goods which may attract vermin. You may not store
firearms in our storage units.
8 OUR RIGHTS
8.1 We may reassign you a different storage unit in order to allow us to manage the
facility including for repairs or development. We will give you at least one
month’s notice of any reassignment. If the relocation or reassignment is not
acceptable to you, you may terminate this Agreement by giving us one week’s
written notice, and the provisions of clause 3 will apply.
8.2 Where we reasonably suspect that you are in breach of clause 6.6 or 7, we may
take any action that we reasonably believe necessary to reduce the risk of harm
to us, our facility or to third parties, including inspecting your storage unit and
removing non-compliant goods. We may, but are not obliged to, enter your
storage unit and attempt to save goods in the event of an emergency. In any
case where we enter your storage unit, we use best endeavours to notify you
before taking such action but you acknowledge that in an emergency, we may
forcibly enter your storage unit if reasonably required in the circumstances of the
emergency situation.
8.3 We may, but are not obliged to, refuse access to the facility or to your storage
unit to any person who we have a reasonable suspicion may not be authorised.
We will not be responsible for any person who may be unauthorised but who
accesses your storage unit using your access card, pass, code or key.
9 LIABILITY
9.1 You store the goods at your own risk and we do not make any representations
as to the nature or features of the storage unit, or if it is suitable for your
particular goods. Subject to our obligations, and your rights, under the
Consumer Guarantees Act 1993 (CGA), we are not responsible for loss, damage
or deterioration of your goods.
9.2 You will indemnify us for any claims made against us by any third party in
relation to the goods stored in the storage unit, and you will have no liability
under this indemnity to the extent that we have caused or contributed to that
third party claim.
9.3 You will reimburse us for any reasonable costs we incur in repairing any damage
you cause to the storage unit as a result of your access to the storage unit and
movement or removal of goods.
9.4 If you are using the storage unit for the purposes of a business then you
acknowledge that, you are not a “consumer” for the purposes of the Consumer
Guarantees Act 1993 and that Act does not apply to your access to, and use of,
the storage unit.
10 GENERAL
10.1 This Agreement represents the entire agreement between the parties relating to
your storage of goods at our storage units and replaces any prior written or oral
agreements, understandings and statements.
10.2 Any notices required by this Agreement can be sent to the contact details on the
front page of this Agreement. Notices sent by mail will be deemed to be received
5 days after posting. Notice sent by email will be deemed to be received on the
day of sending (or the next business day if sent after 5pm on any day) unless the
sender receives an automatic notification that the email has not been sent to the
recipient.
10.3 You must tell us as soon as possible if your contact details change.
10.4 Any waiver of any provision of this Agreement will not be effective unless it is
given in writing. Any failure or delay by us in exercising any of our rights under
this Agreement will not operate as a waiver of that power or right.
10.5 This Agreement is governed by New Zealand law.