BCW STORAGE SPACE P: (02) 6652 6811 E: info@nswrealestate.com.au Cnr Pacific Highway & West High St PO Box 463, Coffs Harbour NSW 2450 ABN 32 106 020 339 nswrealestate.com.au Copy of photo ID attached (Drivers Licence or Passport or Birth Certificate & other photo ID) Storage Space and Payment Details Facilities: 44 Industrial Dr, Coffs Harbour 68 Industrial Dr, Coffs Harbour Operator: BCW Storage Managing Agent: NSW Real Estate 44 Industrial Dr Unit Type Monthly Fee Deposit 5m x 3m $175/mth $100 5.4 x 3m $185/mth $100 8.5m x 3m $220/mth $100 9m 2 $120/mth $100 68 Industrial Dr The Storer is solely responsible for securing the Space and must properly secure the Space at all times but must not apply a padlock in the Operator's overlocking position to their Space and agrees that the Operator may have any padlock so positioned cut at the Storer's expense. is required Unit Type Monthly Fee Deposit 2.6m x 3m $100/mth $100 5m x 3m $175/mth $100 8.5m x 3m $220/mth $100 8m 2 $120/mth $100 Facility: Unit number: Payment Date: Information collected is subject to the attached privacy policy. The storer acknowledges that these matters have been drawn to the Storer s attention and agrees to be bound by the Conditions on the back of this page. Monthly Storage Fee: Security Deposit: Late Payment Fee:...$15.00 (Applied 4 days after due date) Dishonoured Payment Fee:...$45.00 Security Call-out Fee (min):...$60.00 Note: All prices include GST except Security Deposit
STORAGE 1 The Storer: (a) may store the Goods in the Space allocated to the Storer by the Operator, and only in that Space; (b) is deemed to have knowledge of the Goods in the Space; (c) warrants that the Storer is the owner of the Goods in the Space or entitled at law to deal with them in accordance with all aspects of this Agreement. 2 The Operator: (a) does not have and will not be deemed to have, knowledge of the Goods; (b) is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the Operator does not take possession of the Goods. 3 Nothing in this Agreement shall create any interest in the Space or any part thereof and possession of the Space shall at all times remain with the Operator. The Operator may require the Storer to relocate to another Space at any time. COST AND PAYMENT 4 Upon signing the Agreement the Storer must pay the Operator the Deposit and the first payment of the Storage Fee, being the monthly payment indicated on the front of this document. 5 The Storer must pay all subsequent payments of the Storage Fee in advance on the Payment Date stated on the front of this document. 6 The Storage Fee may be varied at the Operator's discretion on one month's notice. 7 In addition to the Storage Fee, the Storer must pay: (a) any Cleaning Fee payable in the event the Storer breaches clause 10(g); (b) the Late Payment Fee which becomes payable each time a payment is late; (c) the Invoice Preparation and Postage Fee of $3.30 is payable if the Storer chooses to receive invoices or receipts for fees payable under this Agreement by post; (d) returned Cheque/Failed CC/DD Fee payable in the event of a failed payment; (e) security Call-out Fee payable in the event of a security call-out caused by the Storer accessing the Space; (f) 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, including in connection with the Storer s default; and (g) any government taxes or charges levied on this Agreement or supplies under it (including GST). 8 All payments by the Storer under this Agreement must be made as and when they fall due (regardless of whether they are to be invoiced) and without set-off or deduction. 9 Any payment that is made by direct deposit/credit must be clearly identified as being under this Agreement. The Storer agrees to follow any directions of the Operator in this regard. The Storer has no claim and indemnifies the Operator against any claim in respect of the Storer s breach of this clause 9. ACCESS AND CONDITIONS 10 The Storer: (a) may access the Space during the access hours as posted by the Operator at the Facility; (b) is solely responsible for securing the Space and must properly (including in accordance with any applicable directions by the Operator) secure the Space at all limes when the Storer is not in the Space (including if necessary securing the external gates and/or doors of the Facility) but must not apply a padlock in the Operator's overlocking position to their Space and agrees that the Operator may have any padlock so positioned cut at the Storer's expense; (c) 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; (d) 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; (e) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space; (f) 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; (g) must maintain the Space and adjacent access lane in a clean and good state of repair and acknowledges and agrees that failure to do so will entitle the Operator to forfeit the Deposit and/or charge the Cleaning Fee and/or recover the full cost incurred in rectifying the default; (h) cannot assign this Agreement; (i) must notify the Operator in writing of any change to the contact details (address, phone numbers and email address) of the Storer or the Alternative Contact Person within 48 hours of any change; (j) authorises the Operator to discuss any default by the Storer under this Agreement with the Alternative Contact Person. 11 The Operator may refuse the Storer access to the Space and/or the Facility if any amount is outstanding under this Agreement, regardless of whether or not a formal demand for payment has been made. 12 The Storer acknowledges and agrees that the Operator will not be liable for any cost, loss or damage suffered by the Storer as a result of being unable to access the Facility and/or the Space, regardless of the cause, and indemnifies the Operator against any claim for such cost, loss or damage. RISK AND RESPONSIBILITY 13 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. 14 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. 15 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. 16 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 15, including immediately accessing/inspecting the Space without notice, terminating the Agreement under clause 20(b), 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. CONDITIONS OF AGREEMENT INSPECTION AND ENTRY BY THE OPERATOR 17 The Storer consents to entry of the Space by the Operator (a) immediately and without notice if Operator exercises its right under clause 16 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. (b) in all other cases, provided that the Operator gives 21 days written notice of its intention to enter and inspect the Space. 18 The Operator shall notify the Storer as soon as practicable following entry of the Space under clause 17(a). TERMINATION WHERE NO DEFAULT 19 (a) Either party may terminate this Agreement by giving the other party 14 days notice. (b) The Operator is entitled to retain or charge apportioned Storage Fees if less than the required notice is given by the Storer. (c) In the event this Agreement is terminated under clause 19(a), the Storer must remove all Goods in the Space before the close of business on the date of termination and leave the Space in a clean condition and in a good state of repair to the satisfaction of the Operator. (d) Any Goods remaining in the Space 7 days after the date of termination will be deemed abandoned and may be seized and then sold and/or disposed of by the Operator in accordance with clauses 21 and/or clause 22. (e) The Storer must pay all amounts due under this Agreement up to the date of termination. DEFAULT AND TERMINATION 20 (a) The Storer is in default and the Operator may terminate this Agreement if any Storage Fees or any other moneys owing under this Agreement are in arrears and unpaid for a period of 42 days. (b) The Storer is in default and the Operator may terminate this Agreement without notice in the event of any substantial breach of contract including any illegal or environmentally harmful activities by the Storer. SALE AND/OR DISPOSAL OF GOODS 21 In the event the Agreement is terminated under clause 20(a): (a) the Operator may forfeit the Deposit and/or is authorised to, without further notice, enter the Space by force or otherwise, seize and then sell and/or dispose of any Goods in the Space; (b) the Storer acknowledges and agrees that the Operator 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; (c) If the forfeiture of the Deposit and/or proceeds of the sale of the Goods sold under this clause exceed the amount due to the Operator under this Agreement, the Operator will pay the excess to the Storer. RIGHT TO DISPOSE OF GOODS 22 The Storer acknowledges and agrees that regardless of their nature and value, the Operator may, without notice, by any means move or dispose of any Goods: (a) seized under clause 21(a) that fail to sell when offered for sale or are, 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) seized under clause 19(d); (c) that are at any time left unattended in common areas of the Facility or outside the Space; (d) that are otherwise 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. 23 The Operator will notify the Storer within 7 days of exercising its rights under clause 22(d). STORER'S LIABILITY SURVIVES TERMINATION 24 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 25 (a) Notices from the Operator to the Storer under this Agreement may and will usually be provided by email or SMS, but may otherwise will be in writing and delivered, posted, or faxed to the last notified address of the Storer. (b) Any notice to the Storer will be deemed to have been received by the Storer if sent per 25(a) above and sent to the Alternative Contact Person (including by SMS or email). (c) In the event that there is more than one Storer to this Agreement, a notice sent to one Storer per 25(a) and/or (b) above will be deemed to constitute service of all Storers. (d) Notices from the Storer to the Operator under this Agreement must actually be received to be valid. DISPUTES 26 The parties must endeavour ID settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation. ENTIRE AGREEMENT 27 The Storer agrees: (a) 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; (b) that any failure or delay by the Operator in the exercise of its rights under this Agreement will not operate to waive those rights; and (c) that 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. OPERATOR'S LIABILITY LIMITED 28 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, loss of or corruption of data or damages payable by the Storer in respect of this Agreement or the Goods. 29 To the extent not prohibited by law, any damages that the Operator is liable to pay the Storer under or in respect of this Agreement are limited to the further supply or cost of further supply of storage equivalent to that (and on the terms) provided under this Agreement. The Storer agrees that this is a reasonable limitation on the Operator's liability.
IMPORTANT INFORMATION Your 4 digit personal access code is # This code must be used to enter and exit the storage facility. ENTRY to the facility is via the left-hand driveway and gate, EXIT is via the right-hand driveway and gate. All traffic is strictly ONE WAY. The storer requires their own suitable padlock to secure the storage bay and may not affix a second padlock. The storer is advised that they may be filmed via CCTV whilst on the premises A photocopy of your nominated Photo ID and your Credit Card will be kept on file during the hire period in accordance with our Privacy Policy. STORAGE SPACE HIRE - PRIVACY STATEMENT At NSW Real Estate we believe an individual s right to keep their personal information private is highly important. We are committed to protecting and maintaining the privacy, accuracy and security of your personal information. HOW WE COLLECT YOUR INFORMATION We will only collect information relevant to our business relationship with you. The information we collect will include contact details, personal details and information about your use of our products and services. We will collect this information directly from you. You are required to keep us informed of changes to your information to enable us to have proper administrative processes. HOW WE USE YOUR INFORMATION We will limit the use of your personal information to: Recommending to you or providing you with the self storage products and services that you may need; Carrying out our business which includes account management, planning, product development, research and analysis; Fulfilling our legal requirements (for example, disclosure to law enforcement agencies or the courts). We may use your information to offer you products and services that we believe meet your needs. However, you can notify us at any time if you do not wish to receive these offers. We will act promptly on any such request which can be made by e-mailing, calling, writing or by appointment. WHO WILL USE YOUR INFORMATION NSW Real Estate may disclose information we retain about you, including your personal information to the following: Our related entities Government departments Law enforcement agencies Investigators Any person than can demonstrate a legal or equitable interest in the goods stored Administrators Your alternate contact person Agents for any of the above YOUR INFORMATION IS SECURE We will ensure your personal information is kept secure and confidential, using up to date techniques which meet current industry standards. Only employees of NSW Real Estate and those who perform services on our behalf, and are authorised to handle your information, will have access to your personal information. We will not retain any of your information for any longer than it is required by us except to fulfil our legal obligations or where you have consented. We will, with your help, keep your personal information accurate, complete and up-to-date. YOU HAVE ACCESS TO YOUR INFORMATION You can access most of the personal information we hold about you and request corrections. This right is subject to some expectations, for example, you may not obtain access to information relating to existing or anticipated legal proceedings. You can request access to your information by writing to our office or by appointment. This service is free unless the information you request requires significant research or preparation time. Before we act upon requests of this nature, we will tell you how much this service will cost. WHAT TO DO IF YOU THINK WE HAVE MADE AN ERROR NSW Real Estate is committed to the protection of your privacy and our policies, processes and systems have been developed with this intent. However, sometimes human errors do occur. If you think we have made an error, we invite you to e-mail, phone or write to us.
44 INDUSTRIAL DRIVE, COFFS HARBOUR KEY PAD EXIT ENTRY KEY PAD
STORE 1A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 ENTRY EXIT 68 INDUSTRIAL DRIVE, COFFS HARBOUR
Periodic Payment Request The following details are to be submitted to your financial institution or employer for the purpose of establishing an automatic storage fee payment. This information may also be used to establish an automatic payment via your internet banking facility. Please note that the Reference code must be entered exactly as shown. Details of account to be credited: Account Name: NSW Real Estate Bank Name: ANZ Bank Bank Branch: Coffs Harbour BSB Number: 012 572 Account Number: 108 388 705 Reference: Please contact NSW Real Estates accounts department on (02) 6652 6811 if you require any assistance or further information.