T&C’s

Terms and conditions

Main points

Please read the conditions carefully as by signing this Agreement or ticking acceptance on Mobistore’s website you will be bound by them

  • All payments are to be made in advance by you (the Storer).
  • All Fees include GST, except any Deposit.
  • During transit your goods are insured to a limit of $2,000.00 per storage box. You should take out transit insurance cover if you require greater cover.
  • Goods are stored at your sole risk. You should take out insurance cover.
  • Mobistore is not liable for the loss of any goods stored in its storage boxes or on its premises.
  • You must not store hazards dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
  • The Storage Box will only be accessible during the access hours arranged with Mobistore and after giving Access Notice.
  • Pickup and Retrieval of Storage Boxes is to be scheduled with Mobistore. Storage fees are payable up to and including the day the storage box is return to Mobistore Premises empty. Mobistore will pickup or deliver the Storage Boxes as close as possible to the arranged date.
  • The Storer must notify Mobistore in writing of all changes of address and contact telephone numbers
  • If you fail to comply with the conditions of this agreement the Facility Owner will have certain rights which include forfeiture of your Deposit and the right to sell and/or dispose of your goods (see clauses 6, 7, 8, 10 & 25).
  • Mobistore has the right to refuse access and Redeliver of the Storage Box if all Fees are not paid promptly (see clause 7, 8 & 10). Mobistore has the right to enter in certain circumstances (see clauses , 6, 11, 19, 20, 21 & 23).
  • You must not store goods with a combined weight exceeding 1,200kg’s per Storage Box.

Privacy/STORER CHECK CONSENT By applying for storage with this Facility I/we consent to the undertaking a search of my/our details against the Storer Check Pty Ltd database, and to my/our details and personal information being released to Storer Check Pty Ltd and any other party identified in the Personal Information Document pursuant to the Personal Information Document and the terms and conditions set out at www.storercheck.com.au.

Storage

  1. The Storer and Mobistore agree that the Agreement is entirely contained within this document, the Privacy Information Document, any Redelivery documentation and the Mobistore website as updated from time to time.
  2. The Storer:
    • has the right to store Goods in the Mobile Storage Box allocated by Mobistore pursuant to the terms and conditions in this Agreement;
    • is deemed to have knowledge of the Goods in the Storage Box;
    • warrants that they are the owner of the Goods in the Storage Box and/or are entitled at law to deal with the Goods in accordance with all aspects of this Agreement;
    • has inspected the Storage Box and Facility and is satisfied that the Storage Box and Facility are adequate for the intended use and suitable for storage of the Goods the Storer intends to store (including that it may not be fitted with any fire protection system).
  3. Mobistore:
    • does not have, and will not be deemed to have, knowledge of the Goods;
    • is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that Mobistore does not take possession of the Goods.
    • Will only allow access to persons with the secret code or password.

Cost

  1. The Storer must upon accepting the Agreement pay to Mobistore the Deposit (reasonable endeavours will be used to refund the deposit within 10 days of termination of this Agreement).
  2. The Storer is responsible to pay:
      1. the Storage Fee being the amount indicated in this Agreement or the amount notified to the Storer in writing by Mobistore from time to time. The Storage Fee is payable in advance and it is the Storer’s responsibility to see that payment is made directly to Mobistore, on time, in full, throughout the period of storage. Mobistore does not normally bill for fees. Any Fees paid by direct deposit/direct credit will not be credited to Storer’s account unless the Storer identifies the deposit clearly and as directed by Mobistore. Mobistore is indemnified from any claim for enforcement of the Agreement due to the Storer’s failure to identify a deposit, including the sale of Goods;

    a Delivery Fee, payable each time the Storage Box is delivered or redelivered to the Storer;

    1. an Access Fee, payable when the Storer accesses the Storage Box at the Facility on an unreasonably regular basis as determined by Mobistore;
    2. an additional delivery fee in the event Mobistore is unable to collect the Storage Box at the arranged time due to any act or omission of the storer;
    3. a Cleaning fee, is payable at Mobistore’s discretion in the event of mess or residue left in the Storage Box;
    4. a No Show Fee, where the Storer gives Access Notice and does not attend at the Facility allotted time;
    5. a Late Payment Fee, which becomes payable each time a payment is late; and
    6. any Costs or Expenses incurred by Mobistore in collecting late or unpaid Storage Fees, maintaining the Goods, selling the Goods, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action (including legal costs on client/solicitor basis) costs.
    7. any Parking Infringements, fines or damages if the box is parked on public property or roads.
    8. the minimum monthly charge if a booking is cancelled for any reason after the delivery has commenced.
    9. a $25 cancellation fee if less than 48hours cancellation notice is given.

Default

  1. The Storer acknowledges that
    1. all time limits imposed on the Storer by the agreement must be complied with strictly;
    2. all goods in the Storage Box are subject to a general lien/ workman’s lien for all Storage Fees and any other amounts owing to the Owner by the Storer. In the event of the Storage Fee not being paid in full within the Re-entry Period, the Owner may enter the Storage Box, retain the Deposit and/or take possession of any goods in the Storage Box and may, at the Owner’s sole discretion, do any one or more of the following:
      1. sell the goods by private arrangement or public auction to defray any unpaid Storage Fee, cleaning fee, late payment fee, or costs associated with collection of Fees and/or costs associated with disposal of the goods; and/or
      2. dispose of the goods in any other manner, whether for value or not, as the Owner sees fit.
    3. If any money is recovered from the sale or disposal of goods, that money shall be used as follows:
      1. first, to pay the costs of and associated with the sale or disposal of the goods;
      2. second, all Storage Fees and other fees owed to the Owner and any other costs incurred by the Owner in connection with reentering the Storage Box and selling or disposing of the goods;
      3. third, any excess will be sent to the Storer.
  2. If the Storer has more than one Storage Box, any breach or default in regards to one Storage Box will authorize Mobistore to enforce default action with regards to all the Storer’s Storage Boxes, including but not limited to refusing the Storer access to the Storage Boxes and/or Facility.
  3. The Storage Box will not be Redelivered to the Storer unless all Fees, Costs and Expenses are paid in full.

Access and Decisions

  1. The Storer:
    1. may only retain the Storage Box following Delivery or Redelivery for the defined Packing Period, as set out on the front of the Agreement or in theRedelivery documentation. A Late Return Fee will accrue for each 24 hours or part thereof that the Storage Box is not ready to be taken back to the Facility outside the Packing Period.
    2. Is responsible for securely packing the goods in the Storage Box and for ensuring the combined weight of the goods does not exceed 1,200kg’s per storage box.
    3. once the Storage Box is at the Facility, has the right to access to the Storage box during Access Hours arrange with Mobistore and after giving 24 hours Access Notice;
    4. will be solely responsible for the securing of the Storage Box and shall so secure the Storage Box at all times when the Storer is not in the Storage Box in a manner which is acceptable to Mobistore, and where applicable will secure the external gates or doors of the premises;
    5. Is responsible for the security of secret codes or passwords they have supplied.
    6. 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 Mobistore, for any resulting damage, loss or destruction (see clause 17 and 18);
    7. must not store items which are irreplaceable, such as currency, jewelry, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
    8. will use the Storage Box solely for the purpose of storage and shall not carry on any business or other activity in the Storage Box;
    9. must not attach nails, screws etc to any part of the Storage Box and must maintain the Storage Box by ensuring it is clean and in a state of good repair and must not damage, alter or move the Storage Box without Mobistore’s consent; in the event of mess residue , spillage or damage to the Storage Box or Facility Mobistore will be entitled to retain the Storer’s deposit, charge a Cleaning Fee, and/or full reimbursement from the Storer to the value of the repairs required.
    10. cannot assign this Agreement;
    11. must give Notice to Mobistore in writing of the change of address of the Storer within 48 hours of any change;
  2. Mobistore may refuse access to the Storage Box by the Storer where moneys are owing by the Storer to Mobistore, whether or not a formal demand for payment of such moneys has been made.
  3. Mobistore reserves the right to relocate the Storer to another Storage Box at Mobistore’s sole discretion without reference or explanation to the Storer under certain circumstances.
  4. No oral statements made by Mobistore or its employees shall form part of this Agreement, and no failure or delay by Mobistore to exercise its rights under this Agreement will operate to waiver those rights.
  5. The Storer must give Mobistore Access Notice as indicated on the front of the Agreement to gain Access to the Storage Box at the Facility. Failure to attend after giving Access Notice will attract a No Show fee as indicated on the front of the Agreement.
  6. The Storer must give Mobistore Redelivery Notice as indicated on the front of the Agreement. Mobistore need not comply with a request for Redelivery that gives less than the defined Redelivery Notice.

Risk

  1. It is the responsibility of the Storer to pack the Storage Box appropriately. Any damage, loss, deterioration or destruction caused to Goods during the movement of the Storage Box as a result of poor packing is entirely the liability of the Storer. The goods are insured to a maximum of $1,500.00 per Storage Box and all or any further losses during transit including but not limited to consequential and economic losses are the responsibility of the Storer.
  2. Subject to the Consumer Guarantees Act 1993 which applies to consumer storers only and may modify the terms and conditions of this agreement, the Goods are stored at the sole risk and responsibility of the Storer 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 Storage Box, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts or omissions, negligent deliberate or otherwise, of Mobistore or persons under its control.
  3. The Storer agrees to indemnify and keep indemnified Mobistore from all claims for any loss of or damage to the property of, or personal injury to, Mobistore or third parties resulting from or incidental to the use of the Storage Box by the Storer, including the storage of Goods in the Storage Box or resulting from the Storage Boxes movement and/or location during or resulting from Delivery or Redelivery.
  4. The Storer 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 Storage Box. 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 Storer, and includes any and all costs resulting from such a breach.
  5. In addition to any other remedies as may become available to it Mobistore may, if they have reason to believe that the Storer is not complying with all relevant laws, take any action Mobistore believes to be necessary, including the action outlined in clauses 21 & 23, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense. The Storer agrees that Mobistore may take such action at any time even though Mobistore could have acted earlier.

Inspection

  1. Subject to clause 23 the Storer consents to inspection and entry of the Storage Box by Mobistore provided that Mobistore gives 5 days written Notice.
  2. In the event of an emergency, that is where property, the environment or human life is, in the opinion of Mobistore, threatened, Mobistore may enter the Storage Box using all necessary force without the written consent of the Storer, but Mobistore shall notify the Storer as soon as practicable. The Storer consents to such entry.

Notices

  1. Notices will usually be given in writing and left at, or posted to, or emailed to the address of the Storer or Mobistore. In relation to the giving of Notices to Mobistore, Notices must actually be received to be valid. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by Mobistore if Mobistore has sent Notices to the last notified address of the Storer. In the event that there is more than one Storer, Notice to or by any single Storer is agreed to be sufficient for the purposes of any Notice requirement under this agreement

Termination

  1. In the event of illegal or environmentally harmful activities on the part of the Storer, Mobistore may terminate the Agreement without Notice. Upon termination the Storer must remove all Goods in the Storage Box and leave the Storage Box in a clean condition and in a good state of repair to the satisfaction of Mobistore on the date specified. The Storer must pay any outstanding moneys and any expenses on default or other monies owed to Mobistore up to the date of termination, or clause 6 may apply. Any calculation of the outstanding fees will be by Mobistore and such calculation will be final. If Mobistore enters the Storage Box for any reason and there are no Goods stored therein, Mobistore may terminate the Agreement without giving prior Notice, but Mobistore will send Notice to the Storer in writing within 7 days.
  2. The Storer’s liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.
  3. Goods left in the Storage Box at the end of the Storage Period are deemed abandoned and will be destroyed or disposed of within 48 hours of the Storage Box being vacated. The Storer may be charged a Cleaning Fee for this service.