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HERVEY BAY CARAVAN STORAGE - STORAGE AGREEMENT (Australian National University)

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HERVEY BAY CARAVAN STORAGE - STORAGE AGREEMENT
For New Clients:
This Storage Agreement has been entered into this ________ day of ____________ in the year 20_____
by Robert Hourigan and Elizabeth Roesner trading as ‘Hervey Bay Caravan Storage’ (ABN: 51 752 185
046) situated at 2992 Maryborough-Hervey Bay Road, Sunshine Acres, 4655 (Premises) and the Storer
named in the Reference Schedule below with the accompanying Terms and Conditions.
REFERENCE SCHEDULE:
STORER’S DETAILS:
Name/s: ____________________________________________________________________ (Storer)
Address: ___________________________________________________________________________
Suburb/Town: _____________________________________State: __________ Post Code: _________
Mobile no.: _______________________ Email address: ______________________________________
Additional Contact: ______________________________ Phone no: ____________________________
DESCRIPTION OF STORED ITEM/S:
1. Description: ___________________________________________________________________
Registration Number: ______________________ Tick if greater than 25 FT (7.6 metres)
2. Description: ___________________________________________________________________
Registration Number: ______________________ Tick if greater than 25 FT (7.6 metres)
and additional items as described on attached form. (Stored Items)
TERM: The term of this Agreement shall be commencing on ______/_______/_________ (date)
Until (insert date) ______/_______/_________ (no longer than 12 months) (Term)
METHOD: Tick method chosen: Uncovered Covered Hire Shipping Container
STORAGE FEES:
All Storage Fees will be calculated in accordance with Hervey Bay Caravan Storage’s Fees Schedule
(dated 14 October 2021) provided with these Terms and Conditions, forming part of this agreement.
(Storage Fees)
DISCOUNTED FEES: Senior/Pensioner Discount 15% (Tick if discount is valid)
FREQUENCY:
Fees will be paid in advance: Upfront Weekly Fortnightly 4x Weekly.
Payments are to be made to: Account name: Hervey Bay Caravan Storage
BSB: 084 961 - National Australia Bank
Account No: 333 508 048 Ref: (your surname and first name)
STORERS ACCEPTANCE:
I acknowledge that I am either the owner, or the authorised agent of the owner of the Stored Items above
and I will be bound by the conditions of this agreement as described in the Terms and Conditions as detailed
on the following pages.
_______________________________________________ (Storers Signature) Date: _____/_____/20____
Please fill-in, sign, scan and return this form to us at: info@herveybaycaravanstorage.com.au.
Or, if filling-in digitally, type your name in the signature box above and send an email with this document
attached with: I agree to the Storage Agreement typed in the header.
HERVEY BAY CARAVAN STORAGE - TERMS AND CONDITIONS:
1. Agreement to store Stored Items
Hervey Bay Caravan Storage
agrees to store the Stored Items for
the Storer for the Term described in
the Reference Schedule for the
Storage Fees described in the
Reference Schedule on the terms
and conditions contained in this
agreement.
2. Fees
(a) The Storer shall pay the Storage
Fees in advance at the rate and
frequency agreed on the Reference
Schedule.
(b) If any Storage Fees are not paid on
the date for payment, the Storer
may be charged interest on the
unpaid Storage Fees at the
prevailing rate under the
Queensland Law Society’s Standard
Contract Default Rate.
(c) The Storage Fees represent the
inclusive value of the supply for
GST purposes.
3. Term
(a) This Agreement shall be valid and
remain in full force and effect for
the Term or unless terminated
earlier pursuant to the terms of this
agreement.
(b) If the Storer does not collect the
Stored Items at the expiry of the
Term, the Agreement becomes a
4x weekly Agreement and the
storer shall continue to pay the
same storage fees under this
Agreement as the Storer did at the
expiry of the Term.
(c) The 4x weekly agreement created
under sub-clause 3(b) will continue
on the same terms of this
Agreement and either party may
give the other 4 weeks written
notice terminating the agreement,
unless the Storer is in default, in
which case, Hervey Bay Caravan
Storage may give 72 hours written
notice to the Storer terminating the
tenancy.
4. Risk
The Stored Items are stored entirely at
the risk of the Storer, and Hervey Bay
Caravan Storage accepts no liability for
the Stored Items whatsoever.
5. Insurance
(a) The Stored Items under this
agreement shall be fully insured by
and at the cost and expense of the
Storer against theft, loss destruction
and damage by fire, water, tempest,
storm, accident, malicious damage,
vandalism, act of God and other
usual or normal risks or hazards of
storage.
(b) The Storer indemnifies Hervey Bay
Caravan Storage to the maximum
extent permitted by law from all
liability on account of any loss
destruction or damage covered by
this subclause.
6. Storer’s Obligations
The Storer must:
(a) not tender for Storage any volatile or
explosive Stored Items or Stored
Items which are or may become
dangerous, inflammable, or
offensive (including radioactive
materials) or which are or may
become liable to damage any
person or property without first
presenting to Hervey Bay Caravan
Storage a full written description
disclosing the nature of those
Stored Items.
(b) notify Hervey Bay Caravan Storage
of any change in their address or
contact details.
(c) supply or pay for labour or
machinery or both to deliver and
collect the Stored Items.
(d) compensate Hervey Bay Caravan
Storage for any cost, expense or
loss to Hervey Bay Caravan
Storage’s property or injury to any
person caused by the Storer or
Stored Items.
(e) unless otherwise agreed, give at
least seven (7) clear days’ notice to
Hervey Bay Caravan Storage of its
intention to collect the Stored Items
or have them collected or
redelivered;
(f) unless by prior arrangement, only
deposit, tend to, or collect storage
items during the opening hours of
Hervey Bay Caravan Storage as
detailed on our website:
www.herveybaycaravanstorage.com
.au and at displayed at the entrance
to the Premises.
(g) if Hervey Bay Caravan Storage
gives notice to the Storer requiring
the Storer to remove the Stored
Items, the Storer must pay any
charges outstanding and remove
the Stored Items within seven (7)
days of the date of notice.
(h) obey all reasonable directions and
rules given by Hervey Bay Caravan
Storage in relation to any matters
connected with the storage of
Stored Items and access to Stored
Items.
(i) not store any item on behalf of a
third party (including inside a
shipping container) or allow a third
party to access Stored Items without
the consent of Hervey Bay Caravan
Storage.
7. Storer’s Warranties and
Indemnities
The Storer warrants:
(a) the person delivering the Stored
Items to Hervey Bay Caravan
Storage for Storage is authorised so
to do and to sign this agreement.
(b) they are either the owner or the
authorised agent of the owner of the
Stored Items and they accept these
conditions for themselves and for
any other person having an interest
in the Stored Items;
(c) that they indemnify Hervey Bay
Caravan Storage from any loss,
damage, expense, penalty, fine or
liability arising from a breach of
these warranties, the Storer’s
obligations or these conditions.
8. Hervey Bay Caravan Storage’s
Rights.
(a) If any Charges are unpaid for
fourteen (14) days or the Storer is in
breach of this Agreement (including,
but not limited to failing to obey a
reasonable direction or rules
pursuant to clause 6(h)) Hervey Bay
Caravan Storage may require the
Storer to remove the Stored Items.
(b) If in Hervey Bay Caravan Storage’s
opinion, the Stored Items are or are
liable to become dangerous,
inflammable, explosive, volatile,
offensive or damaging in nature,
Hervey Bay Caravan Storage may
at any time and at the Storer’s cost
destroy, dispose of, abandon or
render them harmless without
compensation to the Storer, and
without prejudice to Hervey Bay
Caravan Storage’s right to any
Storage Fees.
(c) If the Storer instructs Hervey Bay
Caravan Storage to use a particular
method of Storage, Hervey Bay
Caravan Storage will give priority to
that method but if Hervey Bay
Caravan Storage cannot
conveniently adopt it, Hervey Bay
Caravan Storage may use any
method of Storage.
(d) Unless and until all Storage Fees
and/or charges have been paid,
Hervey Bay Caravan Storage does
not have to make the Stored Items
available to any Person.
(e) Hervey Bay Caravan Storage may
assign this agreement to any
successor or assignee upon seven
(7) days’ notice in writing to the
Storer.
9. Lien
(a) Hervey Bay Caravan Storage has a
general lien on the Stored Items for
all Storage Fees due or which
become due on any account
whether for storage of the Stored
Items or otherwise pursuant to the
terms of this agreement.
(b) If the Storage Fees are not paid
when due or the Stored Items are
not collected when so required or
designated, Hervey Bay Caravan
Storage may, after notifying you, in
thirty (30) days:
(i) remove all or any of the Stored
Items and store them as Hervey Bay
Caravan Storage thinks fit at the
Storer’s risk and expense, or
(ii) subject to any statutory requirement,
sell the Stored Items as Hervey Bay
Caravan Storage thinks fit and apply
the proceeds to discharge the lien
and costs of sale without being
liable to any Person for any loss or
damage caused.
10. Claims
(a) If Hervey Bay Caravan Storage is
liable for damage to or loss of the
Stored Items or any part of the
Stored Items, no claim for the loss
or damage may be made unless
notice of the claim is lodged in
writing within 7 days of the date of
removal of the Stored Items.
(b) The failure to notify a claim within
the time under 10(a) is evidence of
satisfactory performance by Hervey
Bay Caravan Storage of its
obligations.
(c) Despite any other condition except
12, Hervey Bay Caravan Storage
will be discharged from all liability
for loss or damage or the Storage of
the Stored Items unless an action is
brought within six (6) months of the
date of removal of the Stored Items
from Storage.
11. Exclusions and Limitations
(a) Subject to 12, Hervey Bay Caravan
Storage excludes from these
conditions all conditions, warranties
and terms implied by statute,
general law or custom.
(b) Subject to 12, Hervey Bay Caravan
Storage excludes all liability to any
person, including the Storer, for acts
or omissions of Hervey Bay
Caravan Storage in tort (including
negligence), contract, bailment or
otherwise for loss of, damage to or
deterioration or contamination of the
Stored Items, or any delay or other
failure arising out of the Storage or
these conditions.
(c) Subject to 12, Hervey Bay Caravan
Storage excludes all liability for, and
the Storer releases and indemnifies
Hervey Bay Caravan Storage
against all loss, damage, cost and
expense from any claim by any
Person in tort (including
negligence), contract bailment or
otherwise for loss or damage to any
property, injury to, or death of any
Person arising out of any acts or
omissions of Hervey Bay Caravan
Storage or any or all of the Stored
Items, the Storage, any delay or
other failure to supply the Storage or
these conditions.
(d) The exclusions, releases, and
indemnities in 10(b) and 10(c)
extend to loss of profits, business or
anticipated savings or any other
indirect or consequential damage
and to economic loss and even if
Hervey Bay Caravan Storage knows
they are possible or otherwise
foreseeable.
(e) These conditions apply in all
circumstances arising from a
fundamental breach of contract or
breach of a fundamental term.
(f) Hervey Bay Caravan Storage, in
addition to acting for itself, also acts
as agent of and trustee for each of
its servants, agents and sub-
contractors so they are entitled to
the full benefit of these conditions,
including any exclusions or
limitations of liability, to the same
extent as Hervey Bay Caravan
Storage.
(g) Even if Hervey Bay Caravan
Storage breaches a storage contract
or any of its or these conditions, all
the rights, immunities and limitations
of liability in these conditions
continue to have their full force and
effect in all circumstances.
12. Australian Consumer Law.
This agreement is subject to any
applicable implied warranty in the
Australian Consumer Law which cannot
be excluded, restricted, or modified.
13. Law
This agreement is governed and must
be construed under the laws of the
State of Queensland and the parties
submit to the exclusive jurisdiction of
the courts of that State.
12. Severability
If a condition or part is unenforceable
the unenforceability does not affect any
other part of the condition or any other
condition.
13. Variations and Waiver
(a) Hervey Bay Caravan Storage is not
bound by any waiver, discharge or
release of a condition or any
agreement which varies these
conditions unless it is in writing and
signed for Hervey Bay Caravan
Storage by an authorised officer.
(b) If Hervey Bay Caravan Storage
waives a breach of a condition the
waiver does not operate as a waiver
of another breach of the same or
any other condition or as a
continuing waiver.
HERVEY BAY CARAVAN STORAGE
ABN: 51 752 185 046
STORAGE FEES SCHEDULE AS OF 14 OCTOBER 2021
**Senior/Pensioner Discount 15% Off All Prices**
For Owners Only – show a valid card to receive discount. Not for Shipping Containers.
STORAGE FEES:
CARAVANS, BOATS,
TRAILERS, VEHICLES,
MOTORHOMES, ETC.
UNCOVERED
UP TO 25ft (7.6m)
UNCOVERED
MORE THAN 25ft
COVERED
SHORT TERM:
Up to 2 weeks
$10 per night
(**$8.50/n)
$15 per night
(** $12.75/n)
$20 per night
(**$17.00/n)
MEDIUM TERM:
More than 2 weeks to
16 weeks
$30 per week
(**$25.50/w)
$35 per week
(**$29.75/w)
$45 per week
(**$38.25/w)
LONG TERM:
More than 16 weeks
(>4 Months)
$18 per week
(**$15.30/w)
$20 per week
(**$17.00/w)
$33 per week
(**$28.00/w)
Annual
commitment
TWO ITEMS OR MORE:
(Most expensive item
is at full rate)
Above rates plus
75% for extra
items
Above rates plus
75% for extra
items
Rates on
Application
**With 15% Senior/Pensioner Discount applied.
SHIPPING
CONTAINERS:
20 FT (6m)
40 FT (12m)
STORE YOUR SHIPPING
CONTAINER:
$25 per week
$45 per week
HIRE OUR SHIPPING
CONTAINERS
$50 per week
$90 per week
All fees are in Australian dollars and are inclusive of GST
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Completed 6 May 2022

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