Wanaka Storage Solutions

The Hirer will pay the Owner by way of Hire Charge the amount specified in schedule A. The Hirer must pay the Hire in advance by direct credit to the Owner’s nominated bank account.

7 Days Notice is required to terminate the contract.

The Hirer will pay the Owner interest on any overdue amount from the due date to the date payment is received by the Owner at the rate from time to time equal to the Owner’s bank’s base rate plus 5%.

The Hirer will pay the Owner an administration fee of $25.00 for any amount not paid on due date.

All other costs incurred in the collection of overdue accounts will be payable by the debtor.

The Hirer will use the Storage Unit solely for the purposes specified in schedule A. The Storage Unit shall not be used for the storage of any living animals, goods or materials of any toxic nature, explosive, inflammable, combustible, corrosive noxious or any other hazardous illegal or dangerous goods.

If the Owner or the Owner’s agents believes on reasonable grounds that the Hirer is in breach of clause 3.1, the Owner or the agent of the Owner may, at any time, without notice, to the Hirer inspect the contents of the Storage Unit. For this purpose, the Owner shall be entitled to break the Hirer’s lock attached to the Storage Unit. The cost of replacing the lock shall be payable by the Hirer.

The Hirer will always comply with such storage, entry and exit procedures as are advised to the Hirer from time to time. The Hirer will pay any costs if the customer fails to follow these procedures.

If the Storage Unit is located on the Owner’s site, the Hirer will be responsible for ensuring that the Storage Unit is securely locked at all times (except when the hirer is accessing the Storage Unit).

Any security devices which the Owner may install and maintain at the Premises are for the convenience of the Owner alone. The Owner may modify or discontinue wholly or partially at any time, without notice to the Hirer, any of the Owner’s security devices.

In the event of a key tag being lost by the hirer a $30 fee will apply.

The Hirer is responsible for insuring any goods of the Hirer throughout the Period of Hire.

The Hirer will not do or allow to be done anything which may in any way prejudicially affect any policy of insurance taken out by the Owner in respect of the Storage Unit or any other property of the Owner situated on or about the premises.

The Hirer warrants that all property placed or stored by the Hirer in the Storage Unit is owned by the Hirer and that the value of the property does not exceed the stated value.

The Hirer will indemnify the Owner and keep the Owner indemnified against all claims costs charges and demands of whatever nature and however arising made against the Owner by any person in relation to any goods placed or stored by the Hirer in the unit.

The Hirer is responsible for and assumes all risk in and to the property placed or stored by the Hirer in the Storage Unit including, but not limited in any way to, the risk of any damage or loss of property or whatsoever nature and however arising.

The Hirer will keep the Storage Unit securely locked throughout the term of the hire. The Hirer will keep and maintain the Storage Unit and the area immediately around the Storage Unit clean and tidy in good order at the expense of the Hirer. If cleaning is required when Storage Unit is vacated the hirer will be invoiced accordingly. All units must be returned to WSS clean and tidy.

The Hirer will not store any object which, because of its weight, nature or for any other reason may cause damage to the Storage Unit.

The Hirer will not paint, fix items to, or load on roof, or lean against or alter or in any other way deface the Storage Unit.

The Hirer will make good and repair at the Hirers own cost any damage caused to the Storage Unit from time to time during the term of hire.

If the Storage Unit is, at any time, during the Period of Hire, totally or partially destroyed and, as a result, is unfit for storage, then subject to the conditions of this agreement and the insurance of the Owner is vitiated by any act or omission of the Hirer in breach of this agreement.

If, the Hirer defaults in making payment of the Hire Charge; fails to deliver up possession of the Storage Unit on termination date or is in breach of any provision of this agreement, the provisions of this section will apply.

The Owner may place the Owner’s own locks on the Storage Unit and deny the Hirer access to the Owner’s premises and the Storage Unit until the Hire Charge and any other costs or expenses payable by the Hirer pursuant to this agreement has been paid.

The Owner will give the Hirer written notice of the breach and the actions which the Owner requires the Hirer to take in order to remedy the breach. The notice shall specify a period, being at least 5 days, within which the breach is to be remedied.

If the Hirer does not remedy the breach within the time specified in the notice, the Owner will be entitled to give written notice to the Hirer of the Owner’s intention to sell the goods contained in the Storage Unit in the manner set out in this section.

If the Container is located on a property other than that of the Owner, the Owner may, without further notice, enter on to that property for the purposes of removing the Container and returning it to the Owner’s property and the costs of removing the Container shall be met by the Hirer. The Owner shall be under no obligation to remove any item belonging to the Hirer and which may be in the Container at the time of Repossession. The Owner shall be deemed to be in possession of the property of the Hirer with the consent of the Hirer.

The Hirer irrevocable constitutes and appoints the Owner as the Hirer’s agent and attorney to sell all or any of the Hirer’s goods or any item or any material left in or about the container.

The Owner may sell goods pursuant to this section either by advertising them for sale in any newspaper or other distribution circulating within the Upper Clutha Area or by public auction by a licensed public auctioneer or otherwise in such manner and on such terms and conditions as the Owner, in the Owner’s discretion, may deem appropriate.

The proceeds of sale of the goods will be applied firstly towards the costs of sale including any advertising, commissions or other expenses incurred in conducting the sale and then towards the payment of all moneys outstanding pursuant to this agreement.

Any shortfall shall remain due and owning by the Hirer to the Owner.

The Hirer hereby irrevocably grants to the Owner as additional security for the performance by the Hirer of all of any of the Hirers obligations, and lien over the contents of the Storage Unit at any time and from time to time.

The Owner is not obliged to ascertain the Ownership or origin of the contents of the container.

The Owner will not be liable to the Hirer for any loss or damage of whatever nature and however arising occasioned by the exercise of the Owner’s powers pursuant to this agreement.

Where the Container is to be transported to a property other than that of the Owner, the Hirer shall be responsible for all transportation costs, including insurance incurred for the purposes of transporting the Container from the Owner’s property to the designated property and return to the Owner’s property.

The Hirer shall not pledge the credit of the Owner when arranging transportation not purport to act as agent for the Owner.

The guarantees in the Consumer Act do not apply to this Agreement if the purpose of hire is business use.

If the Owner, its officers, employees, contractors, agents or any one for whom the Owner is responsible is ever liable to the Hirer, or has to pay the Hirer for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement the Hirer has with the Owner, the maximum combined amount that the Owner, its officers, employees, contractors, agents and everyone for whom the Owner is responsible (together) will have to pay to the Hirer and anyone else who uses the services that the Owner provides to the Hirer (together) is the amount of the Hire Charge for one Period of Hire. The Owner, its officers, employees, contractors, agents and everyone for whom the Owner is responsible will have no other liability to the Hirer. This applies whatever the Hirer is claiming for and however liability arises or might arise if it were not for this clause. This limitation and exclusion does not limit any rights the Hirer may have under the Consumer Guarantees Act.

The Owner does not breach this agreement by any reason or any event that is beyond the Owner’s reasonable control.