Hire T&Cs

CORNERSTONESTORAGE: Self-storage licence agreement T&Cs

STORAGE

1. The Storer:
a. is deemed to have knowledge of the goods in the Space;
b. warrants that they are the owner of the goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this agreement as if owned by the Storer;
c. acknowledges that this agreement does not grant the Storer a lease of the Space;
d. acknowledges that the Space provided is approximately the size advertised but that due to building tolerances may vary slightly;
e. agrees that all time limits imposed on the Storer by this agreement must be complied with strictly.

2. CS (which term includes its directors, employees, and agents):
a. does not provide any service other than a licence to use the Space to store goods;
b. does not and will not be deemed to have knowledge of the goods;
c. is not a bailee nor a warehouseman of the goods and the Storer acknowledges that CS does not take possession of or any responsibility for the goods except as provided in clauses 11 and 23.c

COSTS

3. Upon signing this agreement, the Storer must pay to CS:
a. the Deposit if applicable (which will be refunded on termination of this agreement less any deductions authorised by this agreement);
b. the Application Fee.

4. The Storer must pay:
a. the Storage Fee which is payable in advance. It is the Storer’s responsibility to see that payment is made directly to CS, on time and in full, throughout the Storage Period. CS does not invoice for monthly fees so it is the Storer’s responsibility to ensure that it meets the payment obligation on time and in full throughout the Storage Period. CS may increase the Storage Fee any time after expiry of the Storage Period. CS will give the Storer 28 days’ written notice of any increase. If the Storer objects to the increase, the Storer may, before the expiration of that 28 day period, terminate this agreement and move out by giving no less than 24 hours’ notice to CS (i.e. instead of the usual notice period required under clause 25 for the Storer to terminate this agreement). Any Storage Fees paid by direct deposit/direct credit (Direct Payment) will not be credited to the Storer’s account with CS unless the Storer identifies its Direct Payment clearly and as reasonably directed by CS.
b. the Cleaning Fee is payable at the CS's discretion if the Space requires cleaning;
c. the Late Payment Fee or fees which become payable each time a Storage Payment is late;
d. any other fees specified in the “Storage Costs” section of the Schedule; and
e. any reasonable internal or external costs and disbursements incurred by CS in collecting late or unpaid Storage Fees, or in enforcing this agreement in any way.

ACCESS TO AND CONDITIONS OF USE OF THE SPACE

5. The Storer:
a. may access the Space during the access hours notified by CS from time to time;
b. is solely responsible for securing the Space in a manner acceptable to CS, and will secure the Facility’s external gates or doors when entering or leaving outside access hours;
c. will not store any goods that are hazardous, illegal, stolen, flammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;
d. will use the Space solely for the purpose of storage and must not carry on any business or other activity in the Space including, but not limited to, loitering or dwelling in the Space;
e. will maintain the Space by ensuring it is clean and in a state of good repair. If the Storer does not, CS may deduct (at the CS's reasonable discretion) the Cleaning Fee from the Deposit and/or charge an additional Cleaning Fee;
f. will ensure the goods are dry, clean and free from vermin and food scraps when placed in the Space;
g. may not physically alter or damage the Space in any way or attach, affix or construct anything on or to the Space without the CS's prior written consent. If the Space is damaged, CS may charge the Storer for any repairs and redecoration, and may deduct repair charges from the Deposit;
h. cannot assign this agreement or let any other person store goods in the Space;
i. will notify CS in writing of any change to the ACP or any change of contact details of the Storer or the ACP within 48 hours of the change;
j. grants CS consent to discuss any default by the Storer with the ACP and to provide any information it holds regarding the Storer or the Storer’s location to CS;
k. agrees to comply with all Facility rules and health and safety or other notices in respect of the Facility;
l. is solely responsible for securing the Space from unauthorised entry (in a manner acceptable to CS). The Storer is not permitted to apply a padlock or other device to the Space in the CS's overlocking position and CS may have any such padlock or device forcefully cut off at the Storer’s expense. While CS will not be responsible for securing any unlocked Space, if the Storer fails to secure the Space, CS may secure the Space at its discretion (including applying a padlock or other device to the Space at the Storer's expense) but in doing so the Storer agrees that CS does not assume responsibility for the goods stored. When accessing the Facility outside normal business hours, the Storer will secure the external gates and/or doors of the Facility;

6. CS may refuse access to the Space by the Storer where any money is owing by the Storer to CS, whether or not a formal demand for payment has been made.

7. CS reserves the right to relocate the Storer to another space of the same or similar dimensions as the Space for the proper management of the Facility. CS will provide as much notice as reasonably practicable to the Storer of such a relocation and, unless agreed otherwise, CS or its agent will carry out the relocation.

8. Any items left unattended in common areas or outside the Space at any time may, at the CS's reasonable discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.

9. The Storer acknowledges in accordance with clauses 1.c, 2.a and 5.d that CS is only providing a licence to use the Space provided by CS for the sole purpose of storing goods. The Storer acknowledges that the Storer has been given the opportunity to assess for itself the suitability of the Space, and that the Storer is solely responsible for determining whether the Space is suitable for storing the Storer’s goods, having specific consideration for the size, nature and condition of the Space and the goods to be stored.

FO LIABILITY

10. If the Storer is using the Space for the purposes of business storage, then the guarantees and remedies in the Consumer Guarantees Act 1993 (“the Act”) are excluded.

11. If the Act applies, the CS's services come with non-excludable guarantees, including that they will be provided with reasonable care and skill. Except to the extent of those non-excludable guarantees, the goods are stored at the sole risk and responsibility of the Storer who is responsible (subject to FO negligence) for any and all theft, loss, damage to, and deterioration of the goods, and shall bear the risk of any and all damage to goods stored in the Space caused by flood, fire, leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason.

12. No failure or delay by CS to exercise its rights under this agreement will operate to reduce those rights.

13. This agreement constitutes the entire agreement between CS and the Storer and supersedes and extinguishes all previous discussions, correspondence, negotiations, agreements, assurances, warranties, representations and understandings between them (both written or oral).

STORER RISK AND RESPONSIBILITY

14. The Storer warrants that it will not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art, or items of personal sentimental value or that are worth more than NZ $2,000 (in aggregate) unless specifically itemised and covered specifically by insurance for the duration of storage.

15. The Storer is responsible for any loss, damage or injury to the Storer, CS or the Facility, third parties, and/or the true owner of the goods stored in the Space, caused by the Storer or resulting from or incidental to the use of the Space by the Storer (including but not limited to the Storer or their agent’s actions, storage of goods in the Space, the goods themselves and/or accessing the Facility).

16. The Storer is responsible (and must pay) for loss or damage caused by a third party who enters the Space (or the Facility) at the request or direction of the Storer or who otherwise accesses the Facility using the Storer’s access code, card or other technology or device (Access Credentials). The Storer is not responsible for loss or damage caused by the Access Credentials after it notifies CS of the loss or theft of the Access Credentials.

17. If CS enforces its rights under clause 16 and the loss or damage is caused by a third party outside the Storer’s control, the Storer may notify CS of this and CS will then assess the merits of the Storer’s claim to determine where liability should reasonably lie.

COMPLIANCE WITH LAWS

18. The Storer will comply with all relevant laws applicable to the use of the Space. This includes laws relating to the goods which are stored, and the manner in which they are stored. Liability for any breach of such laws rests absolutely with the Storer and includes all costs resulting from such breach.

19. If CS believes at any time that the Storer is not complying with clause 18, CS may (in its reasonable discretion):
a. take any action CS believes necessary to ensure compliance, including inspection of the Space under clause 21 and/or termination under clause 25. b;
b. enter the Space, and immediately dispose of or remove the goods in the Space at the Storer’s expense; and/or contact, cooperate with and/or submit the goods to the relevant authorities.
c. The Storer agrees that CS can take any such action at any time even though CS could have acted earlier.

INSPECTION AND ENTRY BY CS

20. The Storer consents to inspection and entry of the Space by CS on 14 days’ written notice.

21. In the event of an emergency, CS may enter the Space using all necessary force without the prior written consent of the Storer. CS will notify the Storer as soon as practicable of such entry. The Storer irrevocably consents to such entry. For the avoidance of doubt, an emergency includes but is not limited to where CS believes that clause 5. c. or 18 is being breached, or where property, the environment or human or animal life or safety is, in the opinion of CS, threatened, or to allow access, inspection or seizure by relevant authorities.

22. The Storer agrees that where CS reasonably suspects that clause 5.c and/or clause 18 is being breached, that damage has been caused to the Space, or where required by its insurance policy or other binding requirement, CS may use a microprobe or other CCTV camera to view the inside of the Space. Any footage obtained which evidences a breach of this agreement or the law may be relied upon by CS to take any action authorised under this agreement, including terminating this agreement and/or cooperating with law enforcement agencies and other authorities.

DEFAULT

23. The Storer acknowledges and agrees that:
a. All goods in the Space are subject to a general lien for all Storage Fees and any other amounts owing to CS by the Storer. This lien is also a security interest under the Personal Property Securities Act 1999 (PPSA).
b. If the Storage Fee or any other sum owing by the Storer under this agreement is not paid either in full either within 42 days of the due date or on the date this agreement is terminated under clause 25, CS may take Default Action under clause 23.c.
c. Where CS is permitted under this Agreement to take Default Action, CS may, in its sole discretion, do any one or more of the following (each a Default Action): retain the Deposit, enter the Space, by force if necessary, take possession of any goods in the Space, and do any one or more of the following:
I) sell the goods in one or more lots by private arrangement or public auction to offset any unpaid Storage Fee, Cleaning Fee, Late Payment Fee, or costs associated with collection of Fees and/or disposal of the goods; and/or
II) dispose of the goods in any manner as CS sees fit, whether for value or not, if the goods are unsaleable, remain unsold after being offered for sale, pose a health and safety risk, or are of insufficient value to warrant a formal sale process; and/or
III) if CS believes in its reasonable opinion that it is a health and safety risk to conduct an inventory of the goods in the Space, CS may decide to dispose of some or all of the goods without conducting an inventory.

d. CS will give 10 working days’ notice to the Storer before selling or otherwise disposing of goods under this clause 23.c. to allow the Storer a reasonable period for the Storer to rectify its default.
e. If any money is recovered by CS from selling goods under clause 23.c., that money shall be used as follows:
I) first, to pay the costs of and associated with the sale or disposal of the goods;
II) second, (subject to any rights under the PPSA) to pay all Storage Fees and other fees, costs or disbursements owed to CS and any other costs incurred by CS in connection with re-entering the Space and selling or disposing of the goods;
III) third, any excess will be sent to the Storer.

f. For the purposes of the PPSA, CS is deemed to be in possession of the goods stored in the Space from the moment CS exercises its rights to access the Space under clause 19.b or clause 23.c.

24. If the Storer is in breach of this agreement and CS enters the Space for any reason and no goods are stored there, CS may terminate this agreement immediately. CS will send written notice to the Storer confirming the termination within 7 days of such entry.

TERMINATION

25. This agreement may be terminated:
a. by either party after the Storage Period has ended on written notice as specified on the front page to the other party, or, if CS cannot contact the Storer, to the ACP. If the number of days’ written notice is not specified then on 14 days’ notice; or
b. by CS immediately without notice if:
I) the Storer breaches clause 3, 4, 5 or 18; or
II) CS reasonably determines that any of the activities of the Storer or any third party who enters the Space (or the Facility) at the request or direction of the Storer are otherwise illegal, environmentally harmful, antisocial, threatening or offensive.

26. If the Storer does not give the notice required to terminate under clause 25.a., CS may deduct Storage Fees for the notice period from the Deposit.

27. On termination the Storer will:
a. remove all goods in the Space by the date specified by CS and leave the Space in a clean condition and good state of repair to the satisfaction of CS; and
b. pay any outstanding moneys and expenses on default calculated by CS as being owed to CS up to the date of termination.
c. If the Storer does not comply CS may take one or more Default Actions under clause 23.

28. If CS reasonably believes that the Storer will not carry out its obligations under clause 27.a. or the Storer does not respond in a reasonable period to notices sent by CS may, but is not obliged to, permit the ACP to access the Space to carry out the Storer’s obligations under clause 27. a. and the Storer irrevocably authorises CS and the ACP to take this action.

29. Liability for outstanding money, property damage, environmental damage and legal responsibility under this agreement continues to run beyond the termination of this agreement.

NOTICE

30. Notices must be made in writing to the contact details set out on the front of this agreement. Notices given by the Storer to CS must be actually received by CS to be valid.

31. If CS is not able to contact the Storer, notice is deemed to have been given to the Storer if CS has sent notice to the Storer’s last notified address or via any other contact method, including by text or email to the Storer or the ACP.

32. If there is more than one Storer, notice to or by any single Storer is agreed to be sufficient for the purposes of any notice requirement under this agreement.

PRIVACY

33. CS will deal with information about the Storer in accordance with its then current Privacy Policy, including that:
a. CS may collect information about the Storer, including the Storer’s Personal Information (as defined in the Privacy Act 2020), to assist in the provision of storage to the Storer, maintaining the Storer’s account, marketing to the Storer, enforcing the agreement, or in any other way permitted by the CS's Privacy Policy.
b. CS may disclose or search for any information about the Storer, including the Storer’s Personal Information, to the CS's employees, related companies, contractors and third parties who provide services or specific functions to CS, Government departments, law enforcement agencies, including the police, any person who can demonstrate to the reasonable satisfaction of CS a legal or equitable interest in the goods stored, liquidators, administrators or other persons appointed to administer the Storer’s financial affairs, debt collection services or credit reporting agencies, storers or third parties who reasonably believe that you have caused damage or injury to that Storer or third party, the ACP, agents for any of the above; and
c. CS may send the Storer’s information overseas, as some of the persons listed in clause 33.b above and/or the CS's data storage providers may be located, operate, or hold data outside of New Zealand. CS will only transfer the Storer’s Personal Information to a recipient that is obliged to protect the Personal Information with comparable safeguards to those contained in the Privacy Act 2020, or otherwise CS will obtain the Storer’s express consent to transfer or store the Personal Information.

34. The Storer warrants that the Storer:
a. has the right to disclose information to CS about the ACP (including Personal Information) and that CS may use this information as it would Personal Information collected about the Storer;

b. has informed the ACP that the Storer has made the disclosures referred to in clause 34 a.

35. The parties acknowledge and agree that the ACP may access and correct the information held by CS in the same manner the Storer may correct its Personal Information