Storage And Handling

1.  The Operator (Park My Truck ) will provide the Space for the storage of the Vehicle by the Parker in accordance with this Agreement.

2.  The Parker (You) :

(a) may store the Vehicle(s) in the Space in accordance with this Agreement;

(b) must pay the Operator the amounts due in accordance with this Agreement.

3. The Parker warrants:

(a) that they are the owner of any Vehicle(s) the subject of this Agreement and/or entitled at law to deal with the Vehicle(s) in accordance with all aspects of this Agreement; and

(b) that any Vehicle(s) the subject of this Agreement are not hazardous, illegal, stolen, inflammable, explosive, environmentally harmful or a risk to any property or person.

 

Risk And Responsibility

4.  The Vehicle(s) and/or Goods are stored at the sole risk and responsibility of the Parker, including in relation to the risk of theft of the Vehicle(s) and/or damage to or deterioration of the Vehicle(s) and/or Goods for any reason, including flood, fire, leakage or overflow of water,

5.  The Parker 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 Parker, including but not limited to the storage of Vehicle(s) in the Space, the Vehicle(s) themselves and/or accessing the Facility.

6.  The Parker 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 Vehicle(s) and the manner in which they are to be stored. Liability for any breach of such laws rests absolutely with the Parker and includes any costs resulting from such a breach.

 

Cost And Payment

7.  Upon signing the Agreement the Parker must pay the Operator the first payment of the Parking Fee, being the monthly payment indicated on the front of this document.

5.  The Parker must pay all subsequent payments of the Storage Fee in advance on the Payment Date stated on the front of this document.

8.  The Storage Fee may be varied at the Operator’s discretion on one month’s notice.

9.   In addition to the Parking Fee, the Parker may have to pay if deemed they are required :

(a)  the Late Payment Fee which becomes payable each time a payment is late;

(a)  Security Call-out Fee payable in the event of a security call-out caused by the Parker accessing the Space;

(b)  Any clean up or removal of goods or rubbish caused from the Parker

(c)  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 Parker’s default; and

(d) any government taxes or charges levied on this Agreement or supplies under it (including GST).

 

10.  All payments by the Parker 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.

11.  Any payment that is made by direct deposit/credit must be clearly identified as being under this Agreement. The Parker agrees to follow any directions of the Operator in this regard. The Parker has no claim and indemnifies the Operator against any claim in respect of the Parker’s breach of this clause 10.

 

Access And Use Of Space

12. The Parker:

      (a)  may access the Space during the access hours as posted by the Operator at the Facility;

      (b)  must not store any Vehicle(s) and/or Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;

      (c)   must not store any Vehicle(s) and/or Goods which are irreplaceable, such as cash, currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value

      (d)   will use the Space solely for the purpose of parking and shall not carry on any business or other activity in the Space;

      (e)   must maintain the Space 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.

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13.  The Operator may take any action it believes to be necessary if it has reason to believe that the Parker is in breach of any of the above clauses, including immediately accessing/inspecting the Space without notice, terminating the Agreement contacting, cooperating with and/or submitting Vehicle(s) to the relevant authorities and/or immediately disposing of or removing the Vehicle(s) at the Parker’s expense. The Parker agrees that the Operator may take such action at any time, even if the Operator could have acted earlier.

14.  The Operator may refuse the Parker 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 and the Parker acknowledges and agrees that the Operator will not be liable for, and indemnifies the Operator against, any claim for any cost, loss or damage suffered as a result of being unable to access the Facility, the Space, Vehicle(s) or any Goods.

 

Termination By Notice

15.   Either party may terminate this Agreement by giving the other party 14 days’ notice and if this occurs:

      (a)   the Parker must pay all amounts due under this Agreement up to the date of termination;

      (b)    the Parker must remove all Vehicle(s) and any other items 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; and

      (c)    any of the Parker’s Vehicle(s) that remains in the Space 7 days after the date of termination will be deemed abandoned and may be seized and may be sold or disposed of by                the Operator in accordance with clauses contained herein.

 

Default

16.   In the event that:

(a)  any Parking Fees or any other moneys owing under this Agreement are in arrears and unpaid for a period of 21 days; or

(b)  there is any substantial breach of contract by the Parker, including any illegal or environmentally harmful activities;

then the Operator may terminate this Agreement without notice by entering the Space by force or otherwise, and without limitation to any other remedies it has, the Operator may seize and then, in its discretion, may sell and/or dispose of any Vehicle(s) and any other items in the Space in accordance with clauses contained herein.

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Sale and sale proceeds

17.   The Parker unconditionally acknowledges and agrees that the Operator in exercising the right of sale under this Agreement is entitled to sell any Vehicle(s) on such terms that the Operator may determine in its absolute discretion, regardless of the nature or value of the Vehicle(s).

 

Disposal

18.   In addition to any other rights of disposal under this Agreement, the Operator may dispose of Vehicle(s):(a) if the Operator reasonably believes that the handling of those Vehicle(s)or taking an inventory of those Vehicle(s) will present a health and safety risk to its personnel;

      (b)  that fail to sell when offered for sale or that the Operator, in its discretion, considers to be not saleable or of insufficient value to warrant the expense of a sale;

      (c)  that are left unattended in common areas of the Facility or outside the Space; or

      (d)  that are damaged due to fire, flood or other event that has rendered the Vehicle(s) (in the opinion of the Operator) severely damaged, of no commercial value or dangerous                 to any people (including the Operator’s personnel and other customers) and property (including the Facility and any property stored by other customers within the Facility).

19. The Parker acknowledges and agrees that the Operator in exercising a right of disposal under this Agreement may effect the disposal by any means, regardless of the nature or value of the

Vehicle(s) and in respect of Vehicle(s) that are contained in bags or boxes, without having to first open or empty those bags or boxes to identify Vehicle(s) stored within them.

 

Parker’s liability survives termination

20.  The Parker’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 and contact details

21.  Notices from the Operator to the Parker under this Agreement may and will usually be provided by email or SMS, but may otherwise be in writing and delivered, posted or faxed to the last notified address or number of the Parker.

Any notice to the Parker will be deemed to have been received by the Parker if sent per clause 24 above and sent to the Alternative Contact Person (including by SMS or email).

22.  In the event that there is more than one Parker to this Agreement, a notice sent to one Parker will be deemed to constitute service of all Parkers.

26.  Notices from the Parker to the Operator under this Agreement must actually be received by the Operator to be valid.

23.  The Parker must notify the Operator in writing of any change to the contact details (address, phone numbers and email address) of the Parker or the Alternative Contact Person within 48 hours of any change.

24.  The Parker authorises the Operator to discuss any default by the Parker under this Agreement with the Alternative Contact Person and, if the Operator reasonably believes that the Parker will be unwilling or unable to remove any Vehicle(s) from the Space in the event of termination of this Agreement, it may, in its absolute discretion, and without having to obtain any prior consent from the Parker, allow the Alternate Contact Person to remove any Vehicle(s)on such terms as agreed between the Operator and the Alternate Contact Person. The Parker indemnifies the Operator against any claim in respect of Vehicle(s) removed by the Alternate Contact Person pursuant to this clause

 

Disputes

25.  If required by the Operator, the parties must endeavour to settle any dispute in connection with this Agreement by mediation conducted by a mediator who is independent of the parties and appointed by their agreement. It is a condition precedent to the right of the Parker to commence any legal action (other than in relation to interlocutory relief) concerning any dispute that they first

offer to submit the dispute to mediation.

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