Terms and Conditions
1. Use of the Unit
The unit may be used only for the purpose of storage and for no other purpose.
The Licensee must not store living animals, fresh or perishable food, illegal goods, explosives, flammable materials, hazardous or dangerous materials or any goods that may cause damage, nuisance contamination, odour or risk to persons or property.
Safe & Sound Storage may inspect the unit where reasonably necessary to determine compliance with this agreement. Except in an emergency or where Safe and Sound Storage reasonably suspects an immediate safety, security or legal risk, reasonable notice will be given before an inspection.
2. License Fee and Security Deposit
The Licensee must pay the License Fee specified in the rental agreement in advance for each rental period.
The Licensee must also pay any security deposit specified in the rental agreement.
Following the termination of this agreement and vacation of the storage unit, Safe and Sound Storage will refund the balance of the security deposit within fourteen (14) days, less any amounts properly owing under this agreement, including unpaid License Fees, applicable charges, reasonable cleaning or repair costs, removal or storage costs, and replacement of keys or locks where applicable.
3. Ongoing Rental and Termination by the Licensee
At the end of the initial rental period, this agreement will continue on a month-to-month basis unless terminated in accordance with this agreement.
The Licensee may terminate the agreement by giving Safe and Sound Storage at least ten (10) working days written notice to admin@safeandsoundstorage.com.au before the end of the current rental period.
4. Commencement and Rental Due Date
If the agreement begins on a date other than the first date of the calendar month, the first License Fee is payable when the agreement begins.
Thereafter, the Licensee Fee is payable monthly in advance on the calendar anniversary date on which the agreement commenced.
5. Transfer and Occupation of the Unit
The Licensee must not transfer or assign any of their rights under this agreement, sublet the unit, or allow another person to occupy or use the unit without the prior written consent of Safe and Sound Storage.
6. Insurance of Stored Goods
Safe & Sound Storage does not provide insurance for goods stored in the unit. The Licensee is responsible for arranging their own insurance for the goods if they require cover.
To the extent permitted by law, Safe and Sound Storage is not responsible for loss of or damage to stored goods except where liability cannot lawfully be excluded or limited.
7. Liability
The Licensee stores goods in the unit at their own risk and is responsible for taking reasonable steps to protect and insure those goods.
To the extent permitted by law, Safe and Sound Storage is not liable for loss, damage or injury arising from theft, fire, water, explosion, acts or omissions of third parties, defects not caused by Safe and Sound Storage, or other events outside the reasonable control of Safe and Sound Storage.
Nothing in this agreement excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
8. Condition of the Unit on Termination
On termination of this agreement, the Licensee must remove all goods, return the keys provided by Safe and Sound Storage, and leave the unit in a clean and tidy condition and in substantially the same condition at the commencement of the agreement, fair wear and tear excepted.
The Licensee is responsible for the reasonable costs of cleaning, repairing damage caused by the Licensee or their goods, and replacing any unreturned or damaged keys or locks.
Safe and Sound Storage may deduct amounts properly owing under this clause from the security deposit.
9. Care of the Unit and Damage
The Licensee must keep the unit in good order and must not store any item which, because of weight, nature or condition, may reasonably cause damage to the unit, the facility or other property.
The Licensee is responsible for the reasonable cost of repairing any damage caused by the Licensee, their employees, agents, contractors, visitors, or stored goods, excluding fair wear and tear.
10. Vermin and Pest Control
The Licensee must keep the unit, and stored goods free from vermin and pests and must not store goods in a manner likely to attract or harbour vermin or pests.
If Safe and Sound Storage reasonably suspects vermin or pest activity associated with the unit, it may require the Licensee to allow inspection and, where necessary, arrange appropriate treatment.
Except in an emergency or where there is an immediate health, safety or property risk, Safe and Sound Storage will give reasonable notice before entering the unit.
If treatment is reasonably required because of the Licensee’s goods or use of the unit, the Licensee is responsible for the reasonable cost of treatment and any reasonable cost of gaining access or replacing a lock where necessary.
11. Cleanliness of the Unit and Surrounding Area
The Licensee must keep the unit and the area immediately surrounding the unit clean and tidy.
Waste, unwanted materials and abandoned goods must not be left in or around the facility and must be removed or disposed in the manner directed by Safe and Sound Storage.
12. Payment, Arrears, Breach, Termination and Uncollected Goods
The License Fee is payable in advance on the Calander anniversary day of each rental period.
If the License fee remains unpaid seven (7) days after the due date, a late payment fee of $33.00 will be added to the account. If the License Fee remains unpaid fourteen days after the due date, a further late payment fee of $33.00 will be added to the account. If the License Fee and applicable late payment fees remain unpaid at the end of the following rental period Safe and Sound Storage may suspend the Licensee’s access to the storage unit until all outstanding amounts are paid. If amounts remain outstanding, Safe and Sound Storage may apply any security deposit held toward the unpaid balance.
This does not affect any other rights Safe and Sound Storage have under this agreement or at law, including the right to terminate the agreement, take possession of the unit, recover amounts owing, and claim any loss or damage where permitted by law.
If the Licensee breaches any other terms of this agreement and fails to remedy that breach within seven (7) days after receiving written notice by email from Safe and Sound Storage requiring the breach to be remedied, Safe and Sound Storage may either remedy the breach and recover its reasonable costs from the Licensee or terminate this agreement and exercise any rights available under this agreement or law.
Following the termination of this agreement, Safe and Sound Storage may take possession of the unit and, where reasonably necessary, remove or break any lock securing the unit in order to gain access.
Any goods remaining in the unit may be removed, stored, returned to the Licensee, sold, disposed of, or otherwise dealt with by Safe and Sound Storage in accordance with this agreement and applicable law, including the Disposal of Uncollected Goods Act 1970 (WA).
The Licensee is responsible for reasonable costs incurred by Safe and Sound Storage in removing, storing, delivering, selling or otherwise dealing with the goods where those costs are recoverable under this agreement or applicable law.
Any proceeds from the lawful sale of goods may be applied towards amounts properly owing to Safe and Sound Storage and lawful costs associated with the sale or disposal. Any remaining surplus will be dealt with in accordance with applicable law.
13. Security and Responsibility for Keys
The Licensee acknowledges the security arrangements provided by Safe and Sound Storage and is responsible for ensuring that the unit is securely locked whenever it is unattended.
The Licensee is responsible for the safekeeping of all keys, locks and access credentials and other means of access associated with the unit.
Safe and Sound Storage is not responsible for the custody of the Licensee’s keys or locks unless Safe and Sound Storage has expressly agreed to hold them on the Licensee behalf. Where Safe and Sound Storage agrees to hold keys or locks, it will take reasonable care of them while they are in its custody.
14. Access to the Facility and Unit
The Licensee and any person authorised by the Licensee may access the facility and unit using the access arrangements approved by Safe and Sound Storage, provided the Licensee is complying with this agreement.
Access is available 24 hours a day, 7 days a week, subject to temporary restrictions that may reasonably be required for safety, security, maintenance, emergencies, system outages or circumstances beyond the reasonable control of Safe and Sound Storage.
The Licensee is responsible for the conduct of any person they authorise or permit to access the facility or unit.
15. Changes to the License Fee
Safe and Sound Storage may increase the License Fee from time to time.
For existing Licensees, notice of any increase will be provided on the invoice issued for the preceding rental period, giving at least one (1) calendar months’ notice before the increases License Fee takes effect.
Safe and Sound Storage generally reviews License Fees annually, with revised rates for new customers taking affect from 1st of July.
Existing Licensees may be given a courtesy period before revised rates are applied to their accounts. The effective date of any increase will be stated on the invoice providing notice of the increase.
If the License does not wish to accept the increased Licensee Fee, the Lincensee may terminate this agreement in accordance with clause 3 before the increased fee takes effect.
If the agreement continues after the effective date of the increase, the increased License Fee will apply from that date.
16. Ownership and Authority to Store Goods
The Licensee warrants that all goods placed in the unit are either owned by the Licensee or that the Licensee has lawful authority from the owner or other interested person to store those goods.
The Licensee is responsible for any claim made against Safe and Sound Storage arising from the Licensee storing goods without lawful authority, to the extent that the claim results from the Licensee’s act, omission or breach of this agreement.
17. Termination by Safe and Sound Storage
Safe and Sound Storage may terminate this agreement by giving the Licensee reasonable written notice.
Unless a shorter period is reasonably necessary because of a serious breach, safety risk, illegal activity, emergency or other circumstance permitted by this agreement or law, Safe and Sound Storage will give at least seven (7) days’ written notice.
The Licensee must remove all goods and pay all amounts properly owing by the termination date.
Termination does not affect any rights, obligations or liabilities that arose before the date of termination.
18. Facility Rules and Regulations
The Licensee must comply with reasonable rules and procedures applying to the facility that are notified to the Licensee from time to time.
Safe and Sound Storage may introduce or amend reasonable rules when necessary for the safe. secure and efficient operation of the facility.
When a change materially affects the Licensee’s use of the unit, Safe and Sound Storage will provide reasonable notice before the change takes effect, unless immediate action is reasonably required for safety, security, legal or emergency reasons.
19. When the Agreement Becomes Binding
This agreement becomes binding when Safe and Sound Storage accepts the Licensee’s application and the Licensee has paid all amounts required before commencement, including the first License Fee and any applicable security deposit.
Safe and Sound Storage may confirm acceptance electronically, including by email, invoice, payment receipt, provision of access credentials or any other written confirmation.
20. Authorised Access to the Unit
The Licensee is responsible for advising Safe and Sound Storage of any person authorised to access the unit on the Licensee’s behalf.
Safe and Sound Storage may require reasonable identification or other verification before allowing a person access to the unit or assisting them to obtain access.
Safe and Sound Storage is not required to provide access to any person where it is not reasonably satisfied that the person is the Licensee or is properly authorised by the Licensee.
The Licensee is responsible for keeping access credentials, gate access details, keys and any other security information confidential and for promptly notifying Safe and Sound Storage if any such information is lost, stolen or compromised.
21. Smoking, Alcohol and Prohibited Conduct
The Licensee and any employee, agent, visitor or other person attending the facility with the Licensee’s permission must not smoke, vape or consume alcoholic beverages within a storage unit or elsewhere within the storage facility.
The use, possession or consumption of illegal drugs is prohibited within the storage facility.
Open flames, fires, candles, cooking appliances or any other activity that creates an unreasonable fire, safety or security risk are prohibited.
22. Indemnity
The Licensee is responsible for loss, damage, injury, claims, costs or expenses reasonably incurred by Safe and Sound Storage to the extent that they are caused by the negligent, unlawful or wrongful act or omission of the Licensee, or any employee, agent, contractor, visitor or other person attending the facility with the Licensee’s permission.
This includes loss or damage arising from the Licensee’s use of the unit or facility, or from goods stored by the Licensee.
This clause does not require the Licensee to indemnify Safe and Sound Storage for loss, damage or injury to the extent caused by the negligence or wrongful act of Safe and Sound Storage.
23. Recovery of Loss, Damages and Expenses
Safe and Sound Storage may recover from the Licensee the reasonable costs of repairing damage to the unit or facility, or other reasonable loss or expense, to the extent caused by the Licensee, the Licensee’s goods, or any person attending the facility with the Licensee’s permission.
This includes reasonable costs arising from misuse of the unit, facility equipment, gates, locks, electrical equipment, fire protection equipment or other property belonging to Safe and Sound Storage.
24. Entire Agreement
This agreement, together with any rental details, rules, or other documents expressly incorporated into it, constitutes the agreement between Safe and Sound Storage and the Licensee concerning the storage unit and the facility.
It replaces any previous agreement or understanding concerning the same storage arrangement.
Nothing in this clause excludes any representation, right or remedy that cannot be excluded.
25. Notices
A notice from Safe and Sound Storage to the Licensee may be given personally, by email to the most recent email address provided by the Licensee, by post to the most recent postal address provided by the Licensee, or, where the notice relates to the License Fee or any other account charge, by inclusion on an invoice issued to the Licensee.
The Licensee is responsible for keeping their contact details current and must promptly notify Safe and Sound Storage of any change to their email address, postal address, or telephone number.
Any written notice from the Licensee to Safe and Sound Storage may be sent to admin@safeandsoundstorage.com.au, P.O. Box 1106, Kalgoorlie Western Australia 6430, or delivered by another method agreed by Safe and Sound Storage.
26. Nature of the Agreement
This agreement grants the Licensee a contractual licence to access the storage facility and use the allocated unit for storage in accordance with this agreement.
The agreement is intended to create a licence to use the unit and not a lease, residential tenancy or other interest in land.
The Licensee must not use the unit as a residence, sleeping area or living accommodation.
