Zebra Storage: Standard Storage Licence Agreement
This Agreement is a licence to occupy the storage space (the “Space”) and is governed by New Zealand law. It is NOT a lease or a tenancy agreement. Zebra Storage does not take possession or bailment of the goods you store.
1. Commencement, Fees, and Payment
1.1. Commencement: This Agreement begins on the Commencement Date specified in your sign-up form and continues monthly until terminated in accordance with clause 5.
1.2. Storage Fee: You must pay the agreed Storage Fee monthly in advance without demand, by the Scheduled Payment Date. It is your responsibility to ensure payment is received on time, even if no invoice is sent by Zebra Storage.
1.3. Payment Methods: Payment must be made by the accepted method (e.g., direct debit, credit card).
1.4. Fee Changes: Zebra Storage may increase the Storage Fee or any other fees at any time after the initial 30-day period by giving you at least 28 days’ written notice. If you object to the increase, you must terminate this Agreement before the 28-day period expires.
1.5. Deposit: You must pay a Security Deposit upon signing this Agreement. This will be refunded within 30 days after termination, provided all fees are paid, the Space is clean and undamaged, and all goods are removed.
2. Use of the Space and Facility
2.1. Permitted Use: The Space is licensed to you solely for the purpose of storing lawful goods.
2.2. Storer’s Warranties: You warrant that:
- You are the owner of the goods or are otherwise entitled at law to store them and deal with them in accordance with this Agreement.
- The Space is suitable for the storage of your goods.
- You have knowledge of the goods in the Space.2.3. Prohibited Goods: You must NOT store, or allow to be stored, any of the following goods (collectively, “Prohibited Goods”):
- Hazardous, Dangerous, or Illegal Goods: Including but not limited to, poisons, asbestos, corrosive, flammable, explosive, environmentally harmful, or toxic materials, gas bottles, petrol, or any item or substance which is illegal to possess.
- Perishable or Living Goods: Food, animals, plants, or anything that will decompose or attract vermin.
- Irreplaceable or High-Value Items: Currency, jewellery, deeds, furs, works of art, or items with sentimental value worth more than $\text{NZ}\$2,000$ in total, unless specifically disclosed to Zebra Storage and adequately covered by your own insurance.2.4. Access: Access to the facility is granted via an electronic gate code and is available during the designated Access Hours only, as notified by Zebra Storage from time to time.2.5. Storer’s Lock: You must secure the Space with your own lock, and you retain the only key or combination. Zebra Storage will not have a key.
3. Storer’s Liability and Insurance
3.1. Risk: All goods are deposited, stored, and retrieved at your sole risk.
3.2. Exclusion of Our Liability: Zebra Storage is excluded from all liability for the loss of, or damage to, the goods stored in the Space, or any loss arising from the use of the Space, other than for loss or damage proven to be caused by Our gross negligence.
3.3. Insurance (Critical Term): Zebra Storage does NOT insure your goods. You are strongly advised to obtain your own insurance against all foreseeable risks, including fire, flood, theft, and damage. By signing this Agreement, you acknowledge this advice.
3.4. Storer Indemnity: You indemnify Zebra Storage against all claims, demands, liabilities, costs, and expenses arising from your use of the Space or breach of this Agreement.
4. Default and Our Right to Enter or Deal with Goods
4.1. Definition of Default: A Default occurs if you fail to pay any fees by the Scheduled Payment Date, or you breach any other term of this Agreement.
4.2. Late Payment Fees: Zebra Storage may charge a Late Payment Fee for each week or part of a week the payment is overdue, commencing from 20 days after the Scheduled Payment Date.
4.3. Restriction of Access: Zebra Storage may restrict or deny your access to the Space and the Facility if your account is in Default.
4.4. Our Right to Enter (Non-Default): Zebra Storage may enter the Space without notice if:
- We reasonably believe the Space contains Prohibited Goods.
- We reasonably believe the goods are causing a risk to the facility or other people.
- Required by the police, fire services, or other government authority.
- To inspect the Space or perform necessary maintenance.4.5. Right to Sell/Dispose of Goods (Default): If your Default continues for 42 days or more (or as required by relevant law), Zebra Storage may:
- Enter the Space, forcibly if necessary.
- Give you 10 working days’ notice of Our intention to sell or dispose of the goods.
- Sell the goods in a manner determined by Us (e.g., public auction or private sale) and deduct the outstanding fees and all reasonable costs associated with the sale/disposal.
- Dispose of any unsold goods or goods We believe have negligible value.
- If the sale proceeds exceed the amounts owed, We will hold the balance for you. If the sale proceeds are less than the amounts owed, you remain liable for the balance.
5. Termination
5.1. Termination by Storer: You may terminate this Agreement by giving Zebra Storage at least 7 days’ written notice.
5.2. Termination by Us: Zebra Storage may terminate this Agreement by giving you at least 28 days’ written notice.
5.3. Immediate Termination by Us: Zebra Storage may terminate this Agreement immediately if you are in material breach of any term, particularly in relation to Prohibited Goods, damage to the facility, or illegal activity.
5.4. Removal of Goods: Upon termination, you must remove all goods and your lock, and leave the Space clean and tidy by the termination date.
5.5. Unremoved Goods: If you fail to remove all goods, Zebra Storage may treat them as abandoned and dispose of them, charging you the reasonable costs of disposal. We are not liable for any loss or damage to unremoved goods.
6. General Provisions
6.1. Address Change: You must notify Zebra Storage immediately of any change to your contact details (phone, email, or address).
6.2. Notices: Any written notice to you will be sufficiently given if sent by email, text message, or post to your last known contact details.
6.3. Governing Law: This Agreement is governed by the laws of New Zealand.
6.4. Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes any prior representations or agreements.