Terms and Conditions for Australia Inter-franchise Moving | PODS

TERMS AND CONDITIONS FOR
AUSTRALIAN INTER-FACILITY MOVES

The following terms and conditions (“Australian Terms”) supplements the terms and conditions to the applicable rental agreement between Customer and Company (the “Agreement”).  In the event that Customer hires Company to arrange for the shipment of a Unit from a location or Facility within Australia, the contracting party for the Company is AUSPODS HOLDING PTY LTD (ACN 120 413 774).  These Australian Terms shall apply to all present and future services provided by Company in Australia to Customer and all present and future orders made by Customer, including, but not limited to, the rental and leasing of a Unit in any part of Australia.

  1. The Customer:
    1. may store personal property (“Goods”) in the mobile storage container (“Unit”) allocated by the Company pursuant to the these Australian Terms;
    2. is deemed to have knowledge of the Goods in the Unit;
    3. warrants that they are the owner of the Goods in the Unit and/or are entitled at law to deal with the Goods in accordance with all aspects of these Australian Terms; and
    4. has inspected the Unit and Facility and is satisfied that the Unit and Facility are adequate for the intended use and suitable for storage of the Goods the Customer intends to store (including that it may not be fitted with any fire protection system).
  2. The Company:
    1. does not have, and will not be deemed to have, knowledge of the Goods; and
    2. is not a bailee nor a warehouseman of the Goods and the Customer acknowledges that the Company does not take possession of the Goods.

COST

  1. The Customer is responsible to pay:
    1. monthly rent (“Storage Fee”), plus applicable taxes, in the amount set forth in the Confirmation or invoice for use of the Unit.  The Storage Fee is payable in advance and it is the Customer's responsibility to see that payment is made directly to the Company, on time, in full, throughout the period of storage. The Strorage Fee for the first month and initial charges and fees shall be due prior to delivery of the Unit and the Storage Fee in subsequent months will be due on the monthly anniversary of the delivery or the last day of the month if the corresponding date does not exist in the subsequent month.  Company may change the Storage Fee and other charges by giving Customer 30 days advance written notice. The new rate will become effective on the first day of the next month when charges are due.  The Company does not normally bill for fees. Any Fees paid by direct deposit/direct credit will not be credited to Customer’s account unless the Customer identifies the deposit clearly and as directed by the Company. The Company is indemnified from any claim for enforcement of the terms stated herein, including the sale or disposal of Goods, due to the Customer’s failure to so identify a deposit,
    2. a Delivery Fee as indicated in the Confirmation, payable each time the Unit is delivered or redelivered to the Customer;
    3. the Cleaning Fee of $50.00, is payable at the Company’s discretion;
    4. a No Show Fee of $50.00, where the Customer gives Access Notice and does not attend at the Facility allotted time;
    5. a Late Payment Fee of $15.00, plus applicable taxes, which becomes payable each time a Storage Fee payment is late; and
    6. any Costs or Expenses incurred by the Company in collecting late or unpaid Storage Fees, retrieving the Unit, maintaining the Goods, selling the Goods, or in enforcing the Australian Terms in any way, including but not limited to postal, telephone, debt collection, personnel, and/or the default action (including legal costs on client/solicitor basis) costs.
  2. The Customer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on any supplies or services provided pursuant to these Australian Terms or any fees or rent charged to Customer pursuant to these Australian Terms.

DEFAULT

  1. Notwithstanding clause 11, the Customer acknowledges that, in the event of the Storage Fee, Costs or Expense or any other moneys owing under these Australian Terms, not being paid in full within 42 days of the due date, the Company may, without further notice, enter the Unit, by force or otherwise, and/or sell or dispose of any Goods in the Unit on such terms that the Company may determine. The Company may also require payment of default action Costs, including any Costs or Expenses associated with retrieving the Unit, accessing the Unit, maintaining the Goods, and disposal or sale of the Customer’s Goods. In the event that the Unit is located on the Customer’s land, the Customer consents to the Company entering upon that land and retrieving the Unit. Further, the Company may use all reasonable force in so retrieving the Unit, and the Customer expressly consents to such force and action. The Customer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. For the purposes of the Personal Property Securities Act 2009, the Company is deemed to be in possession of the Goods from the moment the Company accesses the Unit.
  2. If the Customer has more than one Unit, any breach or default in regards to one Unit will authorize the Company to enforce default action with regards to all the Customer’s Units, including but not limited to refusing the Customer access to the Units and/or Facility.
  3. The Unit will not be redelivered to the Customer unless all Fees, Costs and Expenses are paid in full.

RIGHT TO DUMP

  1. If, in the opinion of the Company and entirely at the discretion of the Company, a defaulting Customer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the Company may dispose of all Goods in the Customer’s Unit by any means, regardless of the nature of the goods.
  2. Goods left in the Unit at the end of the storage period are deemed abandoned and will be destroyed or disposed of within 48 hours of the Unit being vacated. The Customer may be charged a Cleaning Fee for this service.
  3. Any items left unattended in common areas or outside the Customer’s Unit at any time may at the Company’s discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Customer.

ACCESS and CONDITIONS

  1. The Customer:
      1. At the time of ordering the Units, the Customer will be asked by the Company to provide a four digit Pin number.  The Company will require the Pin number before providing access to the Units and/or before scheduling a move or delivery of the Units. The Customer acknowledges and agrees that the Company has the right to provide access to the Customer’s account (which may allow the amendment of information, including the Pin number) and the Units to anyone providing the Company with the Customer’s Pin number, and that the Company has the right to refuse access to the Units by anyone, including the Customer, who does not have the Customer’s applicable Pin number. The Company may request proof of identification (e.g., driver’s licence) prior to granting access to any Unit. The Customer should only disclose the Pin number to those persons whom the Customer wants to have unrestricted access to the account and the Units;
      2. authorizes the Company to enter onto the Customer’s land to forcefully retrieve the Unit, so long as the Company has given prior notice to the extent required by applicable laws and regulations;
      3. once the Unit is at the Facility, may access the Unit during Access Hours as posted by the Company and subject to the terms of these Australian Terms, after giving 24 hours notice;
      4. will be solely responsible for the securing of the Unit and shall so secure the Unit at all times when the Customer is not accessing the Unit in a manner which is acceptable to the Company, and where applicable will secure the external gates or doors of the premises;
      5. 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, and will be liable, and will indemnify the Company, for any resulting damage, loss or destruction;
      6. must not store items which are irreplaceable, such as currency, jewelry, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
      7. will use the Unit solely for the purpose of storage and shall not carry on any business or other activity in the Unit;
      8. must not attach nails, screws, etc. to any part of the Unit and must maintain the Unit by ensuring it is clean and in a state of good repair and must not damage or alter the Unit without the Company’s consent; in the event of uncleanliness of or damage to the Unit or Facility the Company will be entitled to charge a Cleaning Fee, and/or full reimbursement from the Customer to the value of the repairs required;
      9. must give Notice to the Company in writing of the change of address, phone numbers or email address of the Customer or the Alternate Contact Person (“ACP”) within 48 hours of any change;
      10. grants the Company entitlement to discuss any default by the Customer with the ACP.
  2. The Company may refuse access to the Unit by the Customer where moneys are owing by the Customer to the Company, whether or not a formal demand for payment of such moneys has been made.
  3. The Company will not be liable for any loss or damaged suffered by the Customer resulting from an inability to access the Facility or the Unit, regardless of the cause.
  4. The Company may dispose of the Customer’s Goods in the event that Goods are damaged due to fire, food or other event that has rendered Goods, in the opinion of the Company, severely damaged, of no commercial value, or dangerous to the Facility, any persons, or other Customers and/or their Goods. The Company does not need the prior approval of the Customer to take this action but will send Notice to the Customer within 7 days of taking this action.
  5. The Company reserves the right to relocate the Customer to another Unit at the Company’s sole discretion without reference or explanation to the Customer under certain circumstances.
  6. No failure or delay by the Company to exercise its rights pursuant to these Australian Terms will operate to waiver those rights.

RISK / INSURANCE / LIMITATION OF LIABILITY

  1. It is the responsibility of the Customer to pack the Unit appropriately. Any damage, loss, deterioration or destruction caused to Goods during the movement of the Unit is entirely the liability of the Customer. The Company shall not be liable for any damage occasioned to the Customer’s property for any reason.
  2. The maximum weight of the Customer’s property shall not exceed 3,400 kg contained in a 4.8m Unit or 3,400 kg in a 3.6m Unit or 1,780 kg in a 2.1m Unit..
  3. The Goods are stored at the sole risk and responsibility of the Customer who shall be responsible for any and all loss, theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other Unit, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.
  4. The Customer agrees to obtain insurance coverage for the complete value of the property stored by the Customer in the Unit.  The Customer may obtain insurance over the property stored in the Unit from the insurance company of the Customer’s choice or the Customer may choose to be “self-insured”. The Customer may also choose to purchase contents protection (“Contents Protection”) from Company. By completing and executing the Contents Protection/Duty to Insure Addendum (the “CP Addendum”) and makes all additional payments thereunder, the terms and conditions set forth in the CP Addendum shall establish and clarify the contractual liabilities of each party if Customer orders Contents Protection from Company.  The Customer acknowledges and agrees that the Company is not an insurance company or an insurance agent.
  5. OTHER THAN THE LIABILITY SPECIFICALLY ASSUMED THROUGH THE CP ADDENDUM BY COMPANY, COMPANY’S TOTAL, CUMulATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE AUSTRALIAN TERMS OR THE AGREEMENT FOR ANY REASON, INCLUDING FROM DAMAGE TO OR LOSS OF CUSTOMER’S PROPERTY, SHALL NOT EXCEED $5,000.
  6. The Customer agrees to indemnify and keep indemnified the Company from all claims for any loss of or damage to the property of, or personal injury to, or death of, the Customer, the Company or third parties resulting from or incidental to the use of the Unit by the Customer, including the storage of Goods in the Unit, the Goods themselves, or resulting from the Unit’s movement and/or location during or resulting from Delivery or Redelivery.
  7. The Customer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Unit. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Customer, and includes any and all costs resulting from such a breach.
  8. In addition to any other remedies as may become available to it the Company may, if they have reason to believe that the Customer is not complying with all relevant laws, take any action the Company believes to be necessary, including the action outlined in clauses 5 and 6, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Customer’s expense. The Customer agrees that the Company may take such action at any time even though the Company could have acted earlier.

INSPECTION

  1. Subject to clause 26, the Customer consents to inspection and entry of the Unit by the Company provided that the Company gives 21 days written Notice.
  2. In the event of an emergency, that is where obliged to do so by law or in the event that property, the environment or human life is, in the opinion of the Company, threatened, the Company may enter the Unit using all necessary force without the consent of the Customer, but the Company shall thereafter notify the Customer as soon as practicable. The Customer consents to such entry.

CONDITION OF UNIT; DAMAGE WAIVER

  1. Upon termination of the Agreement (as for any reason, Customer shall remove all of Customer’s Goods from the Unit, and shall immediately deliver possession of the Unit to Company in the same condition as delivered to Company, reasonable wear and tear excepted. While the Unit is not in Company’s possession, Customer accepts all responsibility for theft of or damage to the Unit regardless of Customer’s faolt or negligence, the faolt or negligence of any other person or acts of God (e.g., fire, rain, wind, etc.), and shall reimburse Company for all expenses reasonably incurred by Company to replace or restore the Unit.  Company offers optional Unit damage waiver (“Unit Only Option Protection” or “COO”) that Customer may purchase from Company.  If Customer purchases COO, Company agrees to contractually waive Customer’s responsibility for all of the cost of damage however caused to the Unit regardless of faolt or possession of the Unit, except that COO shall be invalidated if (a) the Unit is (i) deliberately damaged by Customer, (ii) damaged due to Customer’s gross negligence, or (iii) damaged as a direct resolt of an act of Customer prohibited by the terms of these Australian Terms or due to the storage of an item(s) prohibited by the these Australian Terms, (b) Customer fails to make payments for COO, or (c) Customer fails or refuses to provide Company, the police or other authorities with a foll report of any accident or vandalism involving the Unit or otherwise fails to cooperate with Company, the police or other authorities in the investigation of any accident or vandalism.  The Unit Only Option Protection applies only to the Unit and is not protection for the contents stored in the Unit.

NOTICE

  1. Notices will usually be given by email or SMS, or otherwise will be left at, or posted to, or faxed to the address of the Customer. In relation to the giving of Notices by the Customer to the Company, Notices must be in writing and actually be received to be valid, and the Company may specify a required method. In the event of not being able to contact the Customer, Notice is deemed to have been given to the Customer by the Company if the Company serves that Notice on the ACP, and/or has sent Notices to the last notified address or other contact including SMS or email of the Customer or ACP.  In the event that there is more than one Customer, Notice to or by any single Customer is agreed to be sufficient for the purposes of any Notice requirement under these Australian Terms.

TERMINATION

  1. Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date. In the event of illegal or environmentally harmfol activities on the part of the Customer the Company may terminate the Agreement without Notice. The Company is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Customer. The Customer must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of the Company.   In the event that Goods are left in the Unit after the Termination Date, clauses 8 through 10 will apply. The Customer must pay any outstanding Storage Fees and any expenses on defaolt or any other moneys owed to the Company up to the Termination Date, or clauses 5, 6 or 7 may apply. Any calcolation of the outstanding fees will be by the Company. If the Company enters the Unit for any reason and there are no Goods stored therein, the Company may terminate the Agreement without giving prior Notice, but the Company will send Notice to the Customer within 7 days.
  2. The Customer’s liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under hereunder continues to run beyond the termination of this Agreement.
  3. If any clause, term or provision of the Agreement or Australian Terms is legally unenforceable or is made inapplicable, or in its application woold breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of the Agreement and Australian Terms.

MEDIATION

  1. The parties must endeavor to settle any dispute in connection with the Australian Terms 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.

PRIVACY DISCLOSURE STATEMENT

  1. To offer storage, it is necessary for Company to collect information about Customer, including: name, licence number and details, date of birth, passport number, telephone number, email address, physical address, and any other information reasonable necessary.  Company collects, maintains, uses and discloses this information in accordance with the Australian Privacy Principles and Privacy Act 1988. FO collects said information to assist us to provide Customer with storage and do business with Customer. Customer may choose to not provide Company with personal information, but if Company cannot identify Customer it is impractical for Company to offer you storage. Company may need to disclose your information to others outside Company’s business, including services providers, law enforcement agencies, debt collection agencies, Customer screening databases and others. In some circumstances, Customer’s information may be sent outside of Australia for processing or storage, including to NZ, USA and the UK. Company takes Customer’s privacy seriously. Company has a detailed Privacy Policy which further details why Company collects Customer’s information, how Company may disclose it, how Company ensure it is secure, Customer’s right to view and correct personal information Company holds, and how Company may lodge a complaint if Customer believes Company has breached the Australian Privacy Principles. Customer may obtain a copy of Company’s Privacy Policy by requesting one from our office, or view online at: http://www.portableondemandstorage.com.au/privacy-policy.

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