TERMS AND CONDITIONS

UniLock Terms and Conditions

STORAGE AND HANDLING

1. UniLock will provide the Space for the temporary storage of Goods by the Storer in accordance with this Agreement.

2. The Storer:

(a) May store Goods in the temporary storage Space in accordance with this Agreement;

(b) Must collect any Goods stored in the temporary storage Space in accordance with this Agreement;

3. The Storer is deemed to have knowledge of the Storer’s Goods, if any, that are stored in the Space and agrees that

(a) The Operator does not and will not have that knowledge and will not be deemed to do so; and

(b) The Operator does not take possession of the Goods and is not a common carrier, bailee or warehouseman of the Goods.

4. The Storer warrants:

(a) That they are the owner of any Goods the subject of this Agreement and/or entitled at law to deal with the Goods in accordance with all aspects of this Agreement;

(b) that any Goods the subject of this Agreement are not hazardous, illegal, stolen, inflammable, explosive, environmentally harmful or a risk to any property or person.

COST AND PAYMENT

5. The Storer must pay all subsequent payments of the Storage Fee in advance on commencement of service for the specified period.

6. In addition to the Storage Fee, the Storer must pay any costs (including legal fees) incurred by the Operator in connection with exercising, enforcing or preserving or attempting to exercise, enforce or preserve rights under this Agreement

7. All payments by the Storer under this Agreement must be made as and when they fall due.

ACCESS AND USE OF SPACE

8. The Storer:

(a) May access the Space during the access hours as posted by UniLock at the Facility;

(b) Must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;

(c) must not store any Goods which are irreplaceable, such as cash, currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;

(d) Will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;

(e) Must not attach nails, screws or any fittings or fixtures to any part of the Space or alter the Space without the Operator’s consent;

(f) must maintain the Space in a clean and good state of repair and acknowledges and agrees that failure to do so will entitle the Operator to charge the Cleaning Fee and/or recover the full cost incurred in rectifying the default;

9. The Operator may refuse the Storer access to the Space and/or the Facility if any amount is outstanding under this Agreement or no fee has been paid for this service, regardless of whether or not a formal demand for payment has been made and the Storer acknowledges and agrees that the Operator will not be liable for and indemnifies the Operator from any claim for any cost, loss or damage suffered as a result of being unable to access the Facility, the Space or the Storer’s Goods.

RISK AND RESPONSIBILITY

10. The Goods are stored at the sole risk and responsibility of the Storer, including in relation to the risk of theft of the Goods and/or damage to or deterioration of the Goods for any reason, including flood, fire, leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pests or vermin.

11. The Storer has no claim and indemnifies the Operator from all claims for any loss of or damage to property or personal injury to or death of any person resulting from or incidental to the use of the Space by the Storer, including but not limited to the storage of Goods in the Space, the Goods themselves and/or accessing the Facility.

12. The Storer acknowledges and agrees to comply with all relevant laws, including all legislation, acts, ordinances, regulations, by-laws and orders as are or may be applicable to the use of the Space, the Goods and the manner in which they are to be stored. Liability for any breach of such laws rests absolutely with the Storer and includes any costs resulting from such a breach.

13. The Operator may take any action it believes to be necessary if it has reason to believe that the Storer is in breach of clause 12, including immediately accessing/inspecting the Space without notice, terminating the Agreement under clause 17, contacting, cooperating with and/or submitting Goods to the relevant authorities and/or immediately disposing of or removing the Goods at the Storer’s expense. The Storer agrees that the Operator may take such action at any time, even if the Operator could have acted earlier.

INSPECTION AND ENTRY BY THE OPERATOR

14. The Storer consents to entry of the Space by the Operator immediately and without notice if Operator exercises its right under clause 13 or if in the Operator’s opinion the entry of the Space is required due to an emergency, an obligation by law to do so, or any threat to property, the environment or human life.

15. The Operator shall notify the Storer as soon as practicable following entry of the Space under clause 14.

TERMINATION BY NOTICE

16. Either party may terminate this Agreement by giving the other party 7 days’ notice, meaning the Storer will no longer be able to use the Space provided by the Operator

DEFAULT

17. In the event that there is any substantial breach of contract by the Storer, including any illegal or environmentally harmful activities; then the Operator may terminate this Agreement without notice by entering the Space by force or otherwise, and without limitation to any other remedies it has, may seize and then, at its discretion, sell and/or dispose of any Goods in the Space in accordance with clauses 18 or 19.

SALE

18. If the proceeds of the sale of any Goods sold under this Agreement exceed the amount due to the Operator under this Agreement, then the Operator will pay the excess amount to the Storer, however, the Storer unconditionally acknowledges and agrees that the Operator in exercising the right of sale under this Agreement is entitled to sell the Goods on such terms that the Operator may determine in its absolute discretion, regardless of the nature or value of the Goods.

DISPOSAL

19. In addition to any other rights of disposal under this Agreement, the Operator may dispose of any Goods that:

(a) Fails to sell when offered for sale or is, in the opinion of the Operator and entirely at the discretion of the Operator, either not saleable or of insufficient value to warrant the expense of a sale;

(b) is not collected in accordance with clause 11 or is otherwise left unattended in common areas of the Facility or outside the Space; or

(c) is damaged due to fire, flood or other event that has rendered the Goods (in the opinion of the Operator) severely damaged, of no commercial value or dangerous to the Facility, any persons or other storers and/or their Goods or property; and the Storer acknowledges and agrees that the Operator in exercising a right of disposal under this Agreement may effect the disposal by any means, regardless of the nature or value of the Goods.

STORER’S LIABILITY SURVIVES TERMINATION

20. The Storer’s liability for any outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement survives the termination of this Agreement.

NOTICES AND CONTACT DETAILS

21. Notices from the Operator to the Storer under this Agreement may and will usually be provided by email or SMS, but may otherwise be in writing and delivered, to the last notified address or number of the Storer.

22. Any notice to the Storer will be deemed to have been received by the Storer if sent per clause 21 above.

23. Notices from the Storer to the Operator under this Agreement must actually be received to be valid.

DISPUTES

24. If required by the Operator, the parties must endeavour to settle any dispute in connection with this Agreement by mediation conducted by a mediator who is independent of the parties and appointed by their agreement. It is a condition precedent to the right of the Storer to commence any legal action (other than in relation to interlocutory relief) concerning any dispute that they first offer to submit the dispute to mediation.

GENERAL

25. The Storer cannot assign this Agreement.

26. Nothing in this Agreement creates any interest in the Space.

27. No failure or delay by the Operator in the exercise of its rights under this Agreement will operate as a waiver of those rights.

28. If any clause, term or provision of this Agreement is legally unenforceable, inapplicable or in its application would breach any law, that clause, term or provision will be severed or read down so as to maintain (as far as possible) all other terms of the Agreement.

ENTIRE AGREEMENT

29. The Storer acknowledges that the terms of this document together with the Privacy Document constitute the entire agreement between the Storer and the Operator and that in entering into this Agreement the Storer does not rely upon any representations, oral or otherwise, not contained in this document and the Privacy Document.

LIMITATION OF LIABILITY

30. The Storer agrees that to the extent not prohibited by law, the Operator shall not be liable to the Storer under the Agreement, at law, in equity, under statute or otherwise for loss of business opportunity, loss of profit, loss of goodwill, loss of contracts, or damages payable by the Storer in respect of this Agreement or the Storer’s Goods.