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info@universalstorage.co.nz

Terms and Conditions

Our Terms of Licence

  1. Definitions

    • 1.1 “Alternate Contact Person” shall mean the person named on the first page of this Licence Agreement.
    • 1.2 “Customer” 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.
    • 1.3 “Dangerous goods” includes any product or chemical that has properties that are explosive, flammable, oxidising, toxic, radioactive, corrosive or ecotoxic (including paints, solvents and fireworks).
    • 1.4 “Unit” shall mean the self storage space allocated to the customer by Universal Storage.
    • 1.5 “Universal Storage” shall mean Universal Storage Limited, or any agents, employees, successors or assigns thereof.

  2. General

    • 2.1 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.
    • 2.2 This Licence Agreement represents the entire terms of contract between the parties and supersedes all prior oral and written representations, agreements or understandings. No statements of representations by Universal Storage or any employee or agent of Universal Storage other than those expressly recorded in this Licence Agreement shall form part of this Licence Agreement or create an obligation for Universal Storage.
    • 2.3 Any variation or addition to this Licence Agreement must be in writing and signed by both parties.
    • 2.4 The Customer acknowledges the Customer is advised to obtain legal advice before signing this Licence Agreement and have either done so or waive the right to do so.
    • 2.5 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.
    • 2.6 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.
    • 2.7 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.
    • 2.8 Universal Storage may assign or transfer all or any part of its rights or obligations under this agreement without the Customer’s consent.
    • 2.9 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.
    • 2.10 Universal Storage may, and the Customer 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 Customer that the Customer agrees to sign any variation or replacement of this contract.
    • 2.11 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.
    • 2.12 The Customer shall notify Universal Storage of any intention to cease trading or of any change in the Customers name, and/or contact details by giving at least seven (7) days notice in writing prior to any such events taking effect.

  3. Acceptance

    • 3.1 Any instructions received by Universal Storage from the Customer for the supply of services shall constitute acceptance of this contract.
    • 3.2 Universal Storage will only supply services on these terms and conditions unless agreed otherwise in writing.
    • 3.3 These terms and conditions along with first page of this Licence Agreement, the Terms of Licence, invoices, credit application, quotations, estimates, or any other documents issued by Universal Storage together form the contract and are the full agreement between the parties.

  4. Storage

    • 4.1 The Customer:
      • a) Acknowledges that the only service Universal Storage is providing is a licence to use the Unit for the sole purpose of storing goods.
      • b) Is deemed to have knowledge of the goods stored inside the Unit.
      • c) Acknowledges that this licence agreement does not grant the Customer a lease or any interest in the Unit.
    • 4.2 Universal Storage:
      • a) Does not provide any service other than the Unit:
      • b) Does not and will not be deemed to have knowledge of the goods stored in the Unit:
      • c) Is neither a bailee nor a warehouse man of the goods and the Customer acknowledges that Universal Storage does not take possession of the goods.

  5. Our Charges and Payment

    • 5.1 Payment for the storage and the charges (including bond) is to be made in advance with the initial payment recorded on the first page of this Licence Agreement to be made on or before the commencement date and any subsequent payments to be made every fortnight after the commencement date.
    • 5.2 Self storage space is made available on a weekly basis. Should a customer require the self storage space for part of a week the storage fee payable is for the full week.
    • 5.3 Universal Storage may, at its discretion, offer a special fee for a Customer that elects to enter into a fixed term agreement:
      • a) In the event that the Customer elects to enter into a fixed term agreement for a period of time mutually agreed on by the Customer and Universal Storage, the Customer will confirm this election on the front page of this Licence Agreement;
      • b) During the fixed term period, the Customer will be liable for the fixed term weekly storage fee, which is to be advised to the Customer prior to the commencement of the fixed term period (and prior to the commencement of any subsequent fixed term periods), to be paid in advance on a monthly basis in accordance with clause 5 of these Terms and Conditions;
      • c) In the event that the Customer elects to terminate the fixed term agreement before the expiry of the fixed period, the Customer will immediately be liable for the balance of the fees that would have been payable had the fixed term period not been terminated early;
      • d) At the expiration of the fixed term period, and in the event that the parties have not reached agreement on the continued services, Universal Storage’s standard terms and conditions, and the relevant standard rates applicable at the time will apply unless agreed otherwise prior to the expiry of the fixed term period;
      • e) In the event the fixed term period expires and the parties mutually agree for the arrangement to continue, the Customer will be given the option of either entering into a further fixed term agreement, for a period of time further mutually agreed on by the Customer and Universal Storage, on the same terms or entering into the standard agreement at the standard rate Universal Storage charges at that time.
    • 5.4 The Customer may also be charged:
      • a) An account fee, if the customer asks Universal Storage to send out a monthly invoice:
      • b) An administration fee, if the storage period is less than one calendar month:
      • c) An additional insurance premium if goods stored at the Unit are valued at more than $10,000.00 and approved in writing by Universal Storage pursuant to clause 8.1(f)
      • d) A dishonored payment fee for any payments made by the Customer that are dishonored:
      • e) A late payment fee for any storage fees that are overdue:
      • f) For any damage to the Unit caused by the Customer:
      • g) A cleaning charge, if the Unit in Universal Storage’s opinion required cleaning on termination of this Licence Agreement:
      • h) An after hours access fee, if you have required Universal Storage to provide access to the Unit after hours:
      • i) Reasonable costs, charges and expenses (including solicitor’s/client costs) incurred by Universal Storage when these costs are associated with collecting or taking action to collect any monies owed by the Customer to Universal Storage.
    • 5.5 Universal Storage may increase the storage fees or any other fees or charges payable under this Licence Agreement at any time by giving the Customer not less than one calendar month’s written notice.

  6. Damage

    • 6.1 The Customer agrees to pay Universal Storage, upon demand the costs of any damage caused to the property managed by Universal Storage by the Customer or by any goods stored in the Unit.

  7. Default

    • 7.1 If the Customer fails to pay any monies owed to Universal Storage or to comply with any obligation under this Licence Agreement, time being of the essence, the Customer shall be deemed to have committed an act of default.
    • 7.2 In the event of default by the Customer, Universal Storage may, without prejudice to any other rights, remedies or powers, exercise one of more of the following rights:
      • a) Deny the Customer access to the Unit;
      • b) Terminate this Licence Agreement pursuant to clause 12.1;
      • c) Upon ten days notice in writing to the Customer;
        • I. Re-enter the Unit;
        • II. Remove the goods from the Unit and sell the goods by private arrangement or public auction to defray any unpaid monies; and/or
        • III. At Universal Storage’s election take possession of and retain the goods to satisfy any obligation of the Customer under this Licence Agreement.
    • 7.3 From the date of default until the date the default is remedied, the Customer shall pay Universal Storage interest on all monies payable to Universal Storage under this Licence Agreement at the rate of 2% per annum.

  8. Access to and conditions of the use of the Unit

    • 8.1 The Customer:
      • a) Has the right of access to the Unit only during access hours as posted by Universal Storage;
      • b) Is solely responsible for the securing of the Unit in a manner which is acceptable to Universal Storage;
      • c) Must not store goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that may create a risk to any property of any person. The storage of any type of food including, but not limited to, dry food or canned food and fertilizer is strictly forbidden;
      • d) Must not obstruct the entrance to any other self storage space;
      • e) Must not create any nuisance to Universal Storage or any Customer of Universal Storage;
      • f) Must not store good valued at more than $10,000.00 in a Unit unless approved in writing by Universal Storage;
      • g) Will use the Unit solely for the purpose of storage and must not carry on any business or other activity in the Unit;
      • h) Must maintain the Unit by ensuring it clean and in a state of good repair or a cleaning charge may be deducted from the bond and/or an additional cleaning charge may be charged by Universal Storage;
      • i) Ensure the goods are dry, clean and free from vermin and food scraps when placed in the Unit;
      • j) Must notify Universal Storage in writing of the change of address of the Customer or the Alternate Contact Person;
      • k) Grants Universal Storage the entitlement to discuss any default by the Customer with the Alternate Contact Person.
    • 8.2 Universal Storage may refuse access to the Unit by the Customer where any monies are owing by the Customer to Universal Storage, whether or not formal demand for payment has been made.
    • 8.3 Universal Storage reserves the right to relocate the Customer to another unit for the proper management of the self storage facility.

  9. Risk and responsibility

    • 9.1 If the Customer is using the Unit for the purpose of business storage, then the guarantees and remedies in the Consumer Guarantees Act 1993 (the CGA) are excluded.
    • 9.2 If the CGA applies, the Customer acknowledges in accordance with clause 4.1(a) Universal Storage is only providing a licence to use the Unit/s for the sole purpose of storing goods and that no other goods and services are provided by Universal Storage. In particular, no other undertakings or commitments are given or undertaken by Universal Storage whether in tort, contract or other legal principle.
    • 9.3
      • a) The goods are stored at the Customer’s sole risk and responsibility in all respects. The Customer 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.
      • b) If the Customer fails to insure the goods in accordance with the above clause, the Customer shall keep Universal Storage indemnified against all claims for any loss and damage to the Customer’s goods and from all claims for loss, damage or injury that may result from the Customer’s use of the self storage space, or in the event of default, any act by Universal Storage in relation to the goods.
      • c) The Customer acknowledges that Universal Storage is not responsible for any damage or loss caused by any act or emission of any other Customer or of Universal Storage.
      • d) The Customer acknowledges that Universal Storage does not insure the goods nor accepts any risk or responsibility in respect of the goods.
    • 9.4 The only person who can make deliveries and removals from the Unit is the Customer and persons allowed access as identified on the first page of this Licence Agreement unless the Customer gives instructions to Universal Storage.
    • 9.5 Unless specifically covered by insurance in accordance with clause 9.3, the Customer must not store goods:
      • a) Subject to clause 8.1(f) (valued at more than $10,000.00); or
      • b) Which are irreplaceable, such as currency, jewelry, deeds, paintings, works of art and items of personal sentimental value.
    • 9.6 The Customer agrees to indemnify Universal Storage from all claims in contract, tort or otherwise, for any loss or damage to the property of, or personal injury to;
      • a) Third parties; and/or
      • b) The true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by the Customer.

  10. Compliance with laws

    • 10.1 The Customer acknowledges and agrees to comply with all relevant laws 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. Liability for all breach of such laws rests absolutely with the Customer, and includes all costs resulting from such breach.
    • 10.2 If Universal Storage believes at any time, in its discretion, that the Customer is not complying with any law, Universal Storage may take any action it believes to be necessary to so comply, including inspection under clause 11 and termination under clause 12. Universal Storage may also immediately dispose of or remove the goods at the Customer’s expense and submit the goods to any relevant authorities.

  11. Inspection and entry by Universal Storage

    • 11.1 Subject to clause 11.2, the Customer consents to inspection and entry of the Unit by Universal Storage on 5 days written notice.
    • 11.2 In the event of any emergency, that is, where Universal Storage believes that laws are being broken, or where property, the environment or human life is, in the opinion of Universal Storage, threatened, Universal Storage may enter the Unit using all necessary force without the written consent of the Customer. Universal Storage will endeavor to notify the Customer as soon as practical. The Customer irrevocably consents to such entry.

  12. Termination

    • 12.1
      • a) Either party may terminate this Licence Agreement by giving the other party not less than 10 days written notice or, in the event of Universal Storage not being able to contact the Customer, the Alternate Contact Person identified on the first page of this Licence Agreement;
      • b) In the event of illegal or environmentally harmful activities on the part of the Customer, Universal Storage may terminate this Licence Agreement immediately, without notice;
      • c) Universal Storage is entitled to retain the bond or a portion of the bond if the required notice is not given by the Customer;
      • d) Upon termination, the Customer must remove all goods in the Unit and leave the Unit in a clean condition and in a good state of repair to the satisfaction of Universal Storage on the date specified. The Customer must pay any outstanding monies and any expenses on default or other monies owed to Universal Storage up to the date of termination, or clause 7 will apply. Any calculation of the outstanding monies will be calculated by Universal Storage and such calculation will be final.
      • e) If Universal Storage enters the Unit under clause 7.2 and there are no goods stored there, Universal Storage may terminate this Licence Agreement immediately. Universal Storage will send written notice to the Customer within seven days of termination of this Licence Agreement.

  13. Notice

    • 13.1 The parties shall be deemed to have received notice from the other if sent:
      • a) To the Customer’s address, fax or email recorded on the first page of this Licence Agreement;
      • b) To Universal Storage, by post, fax or email to the address provided on the front page of this agreement.

  14. PPSA

    • 14.1 The Customer grants to Universal Storage a registrable “security interest” (as that term is defined in the Personal Property Securities Act 1999) (PPSA) in the goods as security for the satisfaction of the Customer’s obligations under this Licence Agreement.
    • 14.2 The Customer agrees that sections 114(1)(a), 116, 120(2), 121, 125 to 127, 129, 131 and 133 of the PPSA shall not apply to this Licence Agreement or the security created hereunder.
    • 14.3 The Customer waives 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.

  15. Assignment

    • 15.1 The Customer may not assign the Customer’s rights or obligations under this Licence Agreement.

  16. Customer Information and the Privacy Act 2020

    • 16.1 The Customer authorises Universal Storage to collect and hold such commercial, financial and personal information about the Customer as is necessary for assessing creditworthiness, trading status, obtaining credit statements, marketing any Goods and/or Services provided by Universal Storage, or enforcing Universal Storage’s rights under these Terms and Conditions.
    • 16.2 The Customer authorises Universal Storage to disclose the information in clause 16.1 to other parties for the purposes stated in clause 16.1.
    • 16.3 The Customer acknowledges that any information given is true and correct, and that the Customer will notify Universal Storage if the Customer’s information changes. This notification shall be at least seven days in advance when possible, or as soon as practicable in all other circumstances.
    • 16.4 If the Customer is a natural person then the authority given under this clause shall constitute sufficient authority for the purposes of the Privacy Act 2020. The Customer also acknowledges that they have the right to access that information and request corrections to it. Universal Storage acknowledges that the Customer has an interest in the way that Universal Storage uses and shares personal information.
    • 16.5 The use of personal information provided by the Customer is used by Universal Storage in accordance with the Privacy Act 2020.
    • 16.6 Universal Storage may disclose the Customer’s personal information as required by law. Where the Customer provides information to Universal Storage on a confidential basis, Universal Storage will hold that information in confidence, except as required by law.
    • 16.7 The Customer acknowledges that, where the normal conduct of business requires, Universal Storage may share the Customer’s personal information with any of its holding companies and its subsidiaries as defined in the Companies Act 1993, credit and debit card processing agencies and any other third party inside New Zealand in accordance with the Privacy Act 2020.
    • 16.8 The Customer is entitled to request details of the Customer’s personal information that is held by Universal Storage and ask Universal Storage to correct this information at any time.