Storage Agreement, Terms and Conditions
Storage Agreement, Terms and Conditions
STORAGE OF MOTOR VEHICLES
1.1 On the terms of the Agreement:
(a) Airport Car Storage (“ACS”) is authorised to collect the Motor Vehicle
from the airport or designated pickup area and move the Motor Vehicle
to the Storage Area.
(b) ACS will return the Motor Vehicle from the Storage Area to the airport or
the designated drop off area at the end of the storage period.
(c) In circumstances where the client has taken advantage of the Shuttle service,
but for reasons beyond our control the vehicle has not been stored at Airport Car Storage.
The client will be charged our normal pick up and drop off charges (to and from) the airport.
(d) ACS will perform any other services as the parties agree.-
RELOCATION
ACS may relocate the Motor Vehicle within the Storage Area or to other
premises under the control of ACS without notice to the Owner. PAYMENT FOR MOTOR VEHICLE STORAGE
3.1 The Owner must pay for the vehicle storage at the rates current at the
commencement of the Storage Period.
3.2 Payment by the Owner for the Storage Period is due upon ACS taking
possession of the Motor Vehicle
3.3 The Owner must pay ACS charges for any other services performed by ACS
a and any Storage in excess of the Storage Period at the rates set by ACS from
time to time.
3.4 The Owner must pay legal costs (on a full indemnity basis) incurred by ACS in
enforcing (or attempting to enforce) this Agreement including recovering
payment of any money due under this Agreement an costs of exercising the
rights granted by clause 4
3.5 The Owner must make payment under this Agreement to ACS or as directed by ACS
and by the method required by ACS, on time without deduction and upon
demand (unless this Agreement specifies otherwise)
3.6 If the owner of the vehicle defaults on their payment, Airport Car Storage
has the authority to debit the credit card details provided by the owner of the
vehicle and to put through transactions without the owner of the vehicle being
present. Including but not limited to: any outstanding amounts owing for storage
and any other service fees incurred before, during or after storage. Payments will
be deducted from the credit card details provided by the owner of the vehicle at
completion of storage and/or during storage at fortnightly intervals (which ever is
deemed most convenient by Airport Car Storage Accounts department).LIEN
4.1 The Owner grants ACS a lien over the Motor Vehicles for all charges pursuant
to the Agreement including any expenses incurred by ACS pursuant to clause
4.2(b)
4.2 If any amount payable under this Agreement remains unpaid for 60 days after
due date for payment then:
(a) ACS may as the Owner’s agent sell the Motor Vehicle in such manner
and so such terms ACS in its absolute discretion decides;
(b) ACS may deduct from the sale proceeds of the Motor Vehicle all unpaid
storage fees, sale costs, legal costs, charges and other money payable by
the Owner to ACS arising out of the storage of the Motor Vehicle whether
pursuant to this Agreement or otherwise together with any amount
necessary to clear any encumbrance effecting the Motor Vehicle in favour
of a third party;
(c) Any remaining surplus of the sale proceeds, after ACS makes any
deduction under paragraph (b) of this clause, shall be sent by ACS to the
Owner at the Owner’s last known address but if the Owner cannot, after
reasonable endeavours, be located, the Owner hereby irrevocably
authorises ACS to donate the surplus sale proceeds to a charity of ACS’s
choice.
4.3 In consideration of ACS storing the Motor Vehicle of the Owner and to be
better secure ACS’s rights under this clause, the Owner hereby irrevocably
appoints the manager of ACS as the Owner’s attorney to exercise the rights
available to ACS under clause 4.2 and agrees to ratify and confirm all acts
things done by ACS in the exercise of those rights and as the Owner’s attorneyVEHICLE ABANDONMENT
5.1 Unless prior written agreement is reached with ACS, if a Motor Vehicle remains
at the Storage Area for a period in excess of 60 days or if a Motor Vehicle
remains at the Storage Area for a period in excess of 60 days after the
expiration of the Storage Period then the Motor Vehicle will be deemed
abandoned and the Owner authorises ACS to deal with the Motor Vehicle in any manner that ACS deems fit, including but not limited to moving the Motor
Vehicle to other premises or disposing of the Motor Vehicle.OWNER’S WARRANTIES
6.1 The Owner warrants and represents to ACS that at the date of this Agreement:
(a) The Owner has legal title to the Motor Vehicle;
(b) The Motor Vehicle is free from all encumbrances, claims or liens;
(c) The Owner is not bankrupt nor has any Receiver been appointed over or
in respect of any of the Owner’s assets;
(d) The Owner has not agrees to sell the Motor Vehicle.
6.2 If any act, matter or thing occurs or becomes known to the Owner which
is inconsistent with the warranties and representations contained in this
clause, the Owner must immediately give ACS written notice of that act,
matter or thing.ACKNOWLEDGEMENT, RISK AND IDEMNITIES
7.1 The Owner acknowledges that:
(a) Motor Vehicle washing and detailing may be performed on other Motor
Vehicles in the storage area, including Motor Vehicles in close proximity
to the Motor Vehicle;
(b) The Motor Vehicle is in the condition as described in the Condition
Report at the time that ACS collects the Motor Vehicle;
(c) The Motor Vehicle, if stored outside, will be subject to outside conditions;
(d) ACS provides storage services only and does not necessarily store motor
vehicles according to manufacturers’ requirements or any other special
requirements unless the Owner and ACS agree to such requirements and
the Owner agrees to pay additional charges as set from time to time.
7.2 The Owner uses the services of ACS (including the storage of the Motor
Vehicle) at own risk and in particular, the risk in the Motor Vehicle remains with
the Owner.
7.3 The Owner releases ACS from any liability, action or demand due to any
damage, loss (including consequential), injury or death occurring on or near
Motor Vehicle or in or near the Storage Area arising from any cause
whatsoever including the negligence of ACS or from matters referred to in
clause 7.1(a)
7.4 Without limiting the generality of the above clause, the Owner releases AC
from any liability, action or demand due to damage;
(a) Caused by electrical failure;
(b) Which is damage to motor vehicle door handles
(c) Caused by mechanical failure
(d) Caused by reason of the Motor Vehicle being stored outside.
7.5 The Owner indemnifies ACS, its employees and agents from and against all
claims, demands, actions, loss, costs and expenses brought or made against or
suffered or incurred by ACS arising directly or indirectly out of:
(a) The actions, omissions or negligence of the Owner and the Owner’s
servants or agents (including any contractor employed by the Owner);
(b) Any default by the Owner under this Agreement;
(c) Misuse by the Owner or any of its contractors of any facilities or services
made available by ACS;
(d) The use of the Storage Area
(e) Any other cause other than the sole negligence of ACS, its employees
and agents
7.6 To the extent permitted by law, all conditions, warranties, terms and obligations
expressed or implied in by law in any way relating to goods or services
(“Prescribed Terms”) are excluded and (without limiting clauses 7.2 or 7.3)
ACS will not be liable in contract, tort, negligence, breach of statutory duty or
otherwise to the Owner or any other person in respect of any loss or damage,
including loss of property or profit, claims or demands of any nature arising
directly out of the use of the storage area by the Owner or any other person,
the provision of any other service to the Owner or in relation to the Motor
Vehicle. If liability for breach of a Prescribed Term cannot be excluded but is
capable of limitation it is hereby limited at the option of the resupply of the goods or payment of the costs of such resupply of services or payment of the
costs of such resupply (as the case may be)CLAIMS
8.1 Any claims made by the Owner with respect to the condition of the Motor
Vehicle after the Storage Period must be made within one hour if the Motor
Vehicle being returned to the Owner by ACS. The Owner releases and forever
holds harmless ACS for any claims not notified to ACS in that time.
8.2 If the Owner fails to complete a condition report at the beginning of the
Storage Period than ACS may (although is not obliged to) complete a condition
report, in which case the Owner accepts this condition report. If ACS does not
complete a condition report, then the Owner forfeits any right the Owner may
have either in law or in equity against ACS with respect to the condition of the
Motor Vehicle.CHANGE OF ADDRESS AND NOTICE
9.1 The Owner must notify ACS immediately of and change in the Owner’s
address or contact details (including the Alternative Contacts). ACS may serve
any notice by forwarding it by post to the address last notified by the Owner
and the notice shall be deemed to have been received on the day that the
Notice should have arrived in the ordinary course of the post.INTEREST ON OVERDUE AMOUNTS
10.1 Without limiting any other right or remedy available to ACS, whether under this
Agreement, at law, in equity or otherwise, the Owner agrees to pay to ACS
interest on any amount due to ACS under this Agreement at the rate 2.5% for
each month or part of a month that such amounts remain unpaid after the due
date for payment. If ACS obtains a judgement against the Owner, the Owner
must pay interest on the amount of the judgement at the higher of the rate
prescribed by legislation or the rate specified under this clause for each month
or part of the month that the judgement remains unpaid.ACCESS
11.1 ACS reserves the right to impose conditions as to the time and manner of
access to the Motor Vehicle by the Owner or any person authorised by the
Owner and is not obliged to provide access to the Motor Vehicle or to permit
its removal from the premises unless ACS is satisfied that the person or persons
seeking access to the Motor Vehicle are properly authorised by the Owner.
11.2 ACS shall be entitled to refuse access to the Motor Vehicle and to prevent its
removal where moneys are owing by the Owner to ACS or if ACS exercises its
lien pursuant to clause 4.
11.3 The Owner must pay ACS the applicable storage fee for any period which
ACS retains possession of the Motor Vehicle as a consequence of the exercise
of the lien referred to in clause 4 and that lien shall extend over any storage
fee charged pursuant to this clause.TERMINATION
12.1 ACS or the Owner may terminate this Agreement at any time by giving the
other 1 days written notice.
12.2 If the Owner breaches this Agreement than ACS may immediately terminate this
Agreement by written notice to the Owner.
12.3 Upon termination of this Agreement (whether by termination under this clause
or otherwise) the Owner must immediately remove the Motor Vehicle from the
Storage Area and pay all outstanding storage fees and other money payable to
ACS pursuant to this Agreement. For the purpose of this provision, storage fees
will continue to accrue from the date of termination until the date of removal.
12.4 The expiry of this Agreement (wether by termination under this clause or
otherwise) shall not prejudice or effect any rights or remedies available to ACS
under this Agreement, at law, in equity or otherwise.
12.5 Transfer of title in the Motor Vehicle (whether by sales or otherwise) will not
terminate this Agreement and the Owner remains liable under this Agreement until this Agreement is discharged or ACS enters an agreement with the new
OwnerGENERAL CONDITIONS
13.1 The Owner:
(a) Must only use the storage facility of ACS for storage of the Motor Vehicle
and may not store in or with the Motor Vehicle any goods that are
hazardous, illegal, stolen, flammable, explosive, environmentally harmful,
perishable or that are a risk to property or person (except to the extent
that the goods of such nature are ordinarily found in Motor Vehicles and
cannot be reasonably removed from the Motor Vehicle);
(b) Cannot assign this Agreement;
(c) Gives permission to ACS to discuss any matter arising under this
Agreement with the Alternative Contact;
(d) Must comply with all reasonable directions given to the Owner by ACS’s
employees charged with the administration of the storage area.AGENCY OF ACS, ITS EMPLOYEES AND AGENTS
14.1 The Owner authorises ACS as its agent to drive the Motor Vehicle where
necessary, including but not limited to , driving the Motor Vehicle between the
Cairns International Airport and the Storage Area or other premises and driving
the vehicle to any premises where mechanical repairs will be carried out. This
authorisation extends to ACS, its employees and its agents.CREDIT CARD PAYMENT
15.1 The Owner authorises ACS to charge the Owner’s credit card for any payments
that are due and owing to ACS by the Owner under this Agreement.PRIVACY
16.1 ACS holds all information it obtains about the Owner pursuant to the Privacy
Principles of the Privacy Act 1988.
16.2 Information is collected for the purposes of carrying out this Agreement or
enforcing the ACS’s rights under this Agreement.MISCELLANEOUS
17.1 This Agreement is governed by the law of Queensland.
17.2 All payments under this Agreement are to be made in Cairns Queensland
17.3 Any legal action in relation to this Agreement may be brought in any court of
competent jurisdiction sitting at Cairns, Queensland.
17.4 No failure, delay, relation or indulgence on the part of ACS in exercising and
power or right conferred under this Agreement shall operate as a waiver of
such power or right, nor shall any single or partial exercise of any such power
or right preclude any other or future exercise thereof or the exercise of any
power or right under this Agreement.
17.5 If any provision of this Agreement is illegal, void, invalid or unenforceable, all
other provisions which are capable of separate enforcement shall be and
continue to be valid and enforceable.
17.6 No variation, modification or waiver of any provision of this Agreement shall be
of any effect unless it is confirmed in writing signed by the parties
17.7 In the event that the person signing this Agreement on behalf of the Owner is
not the Owner of the Motor Vehicle, the signatory warrants that he or she has
authority to sign and bind the Owner
17.8 The term Motor Vehicle includes all fitting, plant and equipment and chattels in
or for use in connection with the Motor Vehicle.
17.9 Where the context permits ACS includes its servants and agents, including
independent contractors employed by ACS
17.10 Where 2 or more persons are specified as Owner this Agreement binds
them jointly and severally2011 Summer Holiday Deal
Store your car 7 or more nights and you will receive the 8th night free and a free carwash (External Wash Only)
Online deal only – to claim this offer you must enter the coupon code “Summer Time” into the online booking form
Not transferable or redeemable at a later date.
FREE car wash is an external wash.
Deal expires 1st February 2012.
While booking, if you would like a free wash, you MUST tick the “External Wash” option.
While booking, if you would like to take advantage of the free 8th night, you must specify a pickup date at least 8 nights from the date of storage.
VALIDITY
18.1 These terms and conditions are valid from 3rd April 2009 for all vehicle owners,
including those vehicles in storage prior to this date. Airport Car Storage retains
the right to modify the terms and conditions at any time without notice to vehicle owners.