Phone 0800 111 179

info@universalstorage.co.nz

Terms of Licence

Our Terms of Licence

  1. Definitions

    • “Alternate Contact Person” shall mean the person named on the first page of this Licence Agreement.
    • “Customer” and “you” shall mean the entity or person named on the self storage agreement form provided by the Customer to Universal Storage (or any person acting on behalf of and with the authority of such entity or person). If the Customer includes two or more persons, those persons’ liability is joint and several.
    • “Dangerous goods” includes chemicals, liquids and gasses, paints, solvents and explosive material (including fireworks).
    • “Unit “the self storage space allocated to the Customer by Universal Storage.
    • “Universal Storage”, “we”, “our” and “us” shall mean Universal Storage Limited, or any agents, employees, successors or assigns thereof.

  2. Agreement

    • The terms of this agreement and any subsequent variation recorded in writing represents the entire agreement between us. Any oral representations which are inconsistent with this agreement shall be of no effect unless recorded in writing between us.

  3. Licence to use Unit

    • You agree and acknowledge that this agreement permits you, for the duration of the term subject to this agreement, to a licence to use one or more Unit (as set out in the front page to this agreement) and does not create:
      • A lease or other property interest; or
      • Obligation on us to care for your property (other than as expressly provided for in this agreement).
    • You may only use the Unit for the storage of goods and must not use the Unit for any other purpose including:
      • Storage of dangerous, illegal, perishable, high value (more than $100,000), works of art, or other goods which a reasonable person would deem unsuitable for storage at a self-storage facility;
      • Operating any business, operation or undertaking.
    • You (and any other person/s acting on your behalf) must know what they are storing in the Unit.
    • You must ensure that you comply with all our reasonable directions and signage while using the facility and Unit.
    • You are responsible for the securing of the Unit with an appropriate lock. In the event that the Unit is left without such a lock then we are able to (but are under no obligation to) secure the Unit and charge you for any time and cost associated with that action.
    • The licence shall expire at the end of the agreed term or where there is no agreed term upon either party giving not less than 10 workings days notice to the other. However, we may terminate the agreement without notice in the event of a substantial breach.
    • In the event that we are unable to contact you or the Alternative Contact Person for a period of one month, having made reasonable efforts to do so we may terminate the licence.
    • At the end of the term you must ensure that the Unit is left in a clean and tidy state.

  4. Charges and Payment

    • You agree to the terms of payment as set out on the front page of this agreement.
    • The minimum term of storage (and therefore charging) is one month. A part month shall be charged as a full month, or at our sole discretion at such lesser rate as we determine.
    • We may review the terms of payment, not more than six monthly. Any change in the terms of payment will be notified one month before the changes come into effect.
    • Should you default in payment then in addition to any other rights and remedies recorded in this agreement we shall be entitled to charge you for all collection costs (including administration costs, legal (solicitor/client) and other collection costs) and interest on the overdue sum at a rate not exceeding 2% per month, compounding on the first of each calendar month.

  5. Additional charges

    • You may also be charged for additional services including:
      • Cost incurred by us on your behalf;
      • Cleaning costs and/or damage to the Unit or our facility caused by you or the goods you have stored;
      • Legal and debt collection costs we incur as a result of your breach of any of the terms of this agreement;
      • Access assistance or facilitating access outside of usual operating hours;
      • Time spent in assisting you in any civil or criminal matter (such as providing a report to an insurance assessor); and
      • Any other costs incurred by us for your benefit.

  6. Breach of these terms by you

    • If you fail to comply with the terms of this agreement and are in breach then we may, until such time as the breach has been remedied:
      • Prevent you access to the facility and/or the Unit;
      • End this agreement;
      • Remove from the Unit and/or the facility any or all good stored within the Unit (such action will not be taken without giving you at least two weeks to remedy any breach);
      • In the event that any breach remains unremedied by you for more than one month, then sell via auction any of the goods so stored with the sale funds being applied to off-set any loss suffered by us and any balance being held for you (without prejudice to any additional losses we have suffered).

  7. Risk and responsibility

    • If you are using the Unit for the purpose of business storage, then the guarantees and remedies in the Consumer Guarantees Act 1993 (“the CGA”) are excluded.
    • The goods are stored at your sole risk and responsibility in all respects. You must insure the goods for their full replacement value against all risk including, without limitation, theft, damage, deterioration, flood, fire, leakage, heat, seepage or any substance from another self storage space, pests or vermin.
    • If you fail to insure the goods in accordance with the above clause, you shall keep Universal Storage indemnified against all claims for any loss and damage to the your goods and from all claims for loss, damage or injury that may result from the your use of the self storage space, or in the event of default, any act by Universal Storage in relation to the goods.

  8. Inspection and entry

    • Upon notice to you we may enter the Unit to ensure your compliance with this agreement. However, we may enter without notice to you in the event that we believe on reasonable grounds there is an imminent risk to person or property. In the event of entry without notice to you, we will advise you as soon as practicable after entry of the steps undertaken by us.

  9. PPSA

    • You grant to Universal Storage a registrable “security interest” (as that term is defined in the Personal Property Securities Act 1999) (“PPSA”) in the property stored in the Unit as security for the satisfaction of your obligations under this Licence Agreement.
    • You agree that sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall not apply on the enforcement by us of any security interest created or provided for by this licence to which Part 9 of the PPSA applies. You also waive any rights you may have under sections 116, 119, 120(2), 121, 125, 129 and 131 of the PPSA on such enforcement.
    • You waive the right to receive a copy of any verification statement confirming registration of the financing statement as at the term is defined in the PPSA.
    • The collateral is to be all property stored in the Unit and which may be further defined by any supporting documentation or by this Agreement.

  10. No assignment by you

    • You may not assign your rights or obligations under this Licence Agreement.

  11. Other terms

    • Headings are inserted for convenience and shall not affect the construction of this contract. The singular includes the plural and vice versa. Persons include incorporated and unincorporated entities. Words referring to one gender include the other.
    • If any provision of this contract shall be invalid or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
    • This contract shall be subject to the laws and statutes of New Zealand and subject to the jurisdiction of the court geographically closest to the physical address of Universal Storage Limited.
    • Universal Storage may sub-contract any part of this contract. No subcontractor has any authority to agree to any variation of this contract on behalf of Universal Storage.
    • Universal Storage may assign or transfer all or any part of its rights or obligations under this agreement without your consent.
    • Universal Storage’s failure or delay in exercising or enforcing any right it has under this contract shall not operate as a waiver of Universal Storage’s rights to exercise or enforce such rights or any other rights in the future.
    • Universal Storage may, and you may not, vary or replace this contract and it will be a condition of Universal Storage continuing to supply a licence to occupy to the you that you agree to sign any variation or replacement of this contract.
    • Universal Storage shall not be bound by any error or omission made by Universal Storage on any invoice, quotation, estimate, or any other document issued by Universal Storage.
    • You shall notify Universal Storage of any intention to cease trading or of any change in your or your Alternate Contact Persons name, and/or contact details by giving at least seven (7) days notice in writing prior to any such events taking effect.

  12. Personal Guarantee

    • Where the Customer is a company or other entity (incorporated or unincorporated), you acknowledge that as the natural person engaging us you are authorised to accept these terms of licence on behalf of the company or other incorporated entity. In addition, you personally guarantee the due and punctual payment of all sums incurred under this agreement (including any costs and interest) and otherwise indemnify us in the event that the applicant entity is unable or fails to make payment.