Storage Agreement, Terms and Conditions

  1. STORAGE OF MOTOR VEHICLES

    1. On the terms of the Agreement:
      1. Pioneer Airport Car Storage (“PACS”) is authorised to provide the shuttle service for the customer and store the car at 198 McCormack St.
      2. PACS will perform any other services as the parties agree.
  2. RELOCATION

    1. PACS may relocate the Motor Vehicle within the Storage Area or to other premises under the control of PACS without notice to the Owner.
  3. PAYMENT FOR MOTOR VEHICLE STORAGE

    1. The Owner must pay for the vehicle storage at the rates current at the commencement of the Storage Period.
    2. Payment by the Owner for the Storage Period is due upon PACS taking possession of the Motor Vehicle
    3. The Owner must pay PACS charges for any other services performed by PACS and any Storage in excess of the Storage Period at the rates set by PACS from time to time.
    4. The Owner must pay legal costs (on a full indemnity basis) incurred by PACS 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.
    5. The Owner must make payment under this Agreement to PACS or as directed by PACS and by the method required by PACS, on time without deduction and upon demand (unless this Agreement specifies otherwise)
    6. If the owner of the vehicle defaults on their payment, Pioneer 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 monthly intervals (which ever is deemed most convenient by Pioneer Airport Car Storage Accounts department).
  4. LIEN

    1. The Owner grants PACS a lien over the Motor Vehicles for all charges pursuant to the Agreement including any expenses incurred by PACS pursuant to clause 4.2(b)
    2. If any amount payable under this Agreement remains unpaid for 60 days after due date for payment then:
      1. PACS may as the Owner’s agent sell the Motor Vehicle in such manner and so such terms PACS in its absolute discretion decides;
      2. PACS 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 PACS 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 affecting the Motor Vehicle in favour of a third party;
      3. Any remaining surplus of the sale proceeds, after PACS makes any deduction under paragraph (b) of this clause, shall be sent by PACS 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 PACS to donate the surplus sale proceeds to a charity of PACS’s choice.
    3. In consideration of PACS storing the Motor Vehicle of the Owner and to be better secure PACS’s rights under this clause, the Owner hereby irrevocably appoints the manager of PACS as the Owner’s attorney to exercise the rights available to PACS under clause 4.2 and agrees to ratify and confirm all acts things done by PACS in the exercise of those rights and as the Owner’s attorney.
  5. VEHICLE ABANDONMENT

    1. Unless prior written agreement is reached with PACS, 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 PACS to deal with the Motor Vehicle in any manner that PACS deems fit, including but not limited to moving the Motor Vehicle to other premises or disposing of the Motor Vehicle.
  6. OWNER’S WARRANTIES

    1. The Owner warrants and represents to PACS that at the date of this Agreement:
      1. The Owner has legal title to the Motor Vehicle;
      2. The Motor Vehicle is free from all encumbrances, claims or liens;
      3. The Owner is not bankrupt nor has any Receiver been appointed over or in respect of any of the Owner’s assets;
      4. The Owner has not agrees to sell the Motor Vehicle.
    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 PACS written notice of that act, matter or thing.
  7. ACKNOWLEDGEMENT, RISK AND IDEMNITIES

    1. The Owner acknowledges that:
      1. 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;
      2. The Motor Vehicle is in the condition as described in the Condition Report at the time that PACS collects the Motor Vehicle;
      3. The Motor Vehicle, if stored outside, will be subject to outside conditions;
      4. PACS provides storage services only and does not necessarily store motor vehicles according to manufacturers’ requirements or any other special requirements unless the Owner and PACS agree to such requirements and the Owner agrees to pay additional charges as set from time to time.
    2. The Owner uses the services of PACS (including the storage of the Motor Vehicle) at own risk and in particular, the risk in the Motor Vehicle remains with the Owner.
    3. The Owner releases PACS 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 PACS or from matters referred to in clause 7.1(a)
    4. Without limiting the generality of the above clause, the Owner releases PACS from any liability, action or demand due to damage;
      1. Caused by electrical failure;
      2. Which is damage to motor vehicle door handles
      3. Caused by mechanical failure
      4. Caused by reason of the Motor Vehicle being stored outside.
    5. The Owner indemnifies PACS, its employees and agents from and against all claims, demands, actions, loss, costs and expenses brought or made against or suffered or incurred by PACS arising directly or indirectly out of:
      1. The actions, omissions or negligence of the Owner and the Owner’s servants or agents (including any contractor employed by the Owner);
      2. Any default by the Owner under this Agreement;
      3. Misuse by the Owner or any of its contractors of any facilities or services made available by PACS;
      4. The use of the Storage Area
      5. Any other cause other than the sole negligence of PACS, its employees and agents
    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) PACS 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)
  8. CLAIMS

    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 PACS. The Owner releases and forever holds harmless PACS for any claims not notified to PACS in that time.
    2. If the Owner fails to complete a condition report at the beginning of the Storage Period than PACS may (although is not obliged to) complete a condition report, in which case the Owner accepts this condition report. If PACS does not complete a condition report, then the Owner forfeits any right the Owner may have either in law or in equity against PACS with respect to the condition of the Motor Vehicle.
  9. CHANGE OF ADDRESS AND NOTICE

    1. The Owner must notify PACS immediately of and change in the Owner’s address or contact details (including the Alternative Contacts). PACS 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.
  10. INTEREST ON OVERDUE AMOUNTS

    1. Without limiting any other right or remedy available to PACS, whether under this Agreement, at law, in equity or otherwise, the Owner agrees to pay to PACS interest on any amount due to PACS 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 PACS 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.
  11. ACCESS

    1. PACS 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 PACS is satisfied that the person or persons seeking access to the Motor Vehicle are properly authorised by the Owner.
    2. PACS shall be entitled to refuse access to the Motor Vehicle and to prevent its removal where moneys are owing by the Owner to PACS or if PACS exercises its lien pursuant to clause 4.
    3. The Owner must pay PACS the applicable storage fee for any period which PACS 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.
  12. TERMINATION

    1. PACS or the Owner may terminate this Agreement at any time by giving the other 1 days written notice.
    2. If the Owner breaches this Agreement than PACS may immediately terminate this Agreement by written notice to the Owner.
    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 PACS 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.
    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 PACS under this Agreement, at law, in equity or otherwise.
    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 PACS enters an agreement with the new Owner.
  13. GENERAL CONDITIONS

    1. The Owner:
      1. Must only use the storage facility of PACS 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);
      2. Cannot assign this Agreement;
      3. Gives permission to PACS to discuss any matter arising under this Agreement with the Alternative Contact;
      4. Must comply with all reasonable directions given to the Owner by PACS’s employees charged with the administration of the storage area.
  14. CREDIT CARD PAYMENT

    1. The Owner authorises PACS to charge the Owner’s credit card for any payments that are due and owing to PACS by the Owner under this Agreement.
  15. PRIVACY POLICIES

    1. PACS holds all information it obtains about the Owner pursuant to the Privacy Principles of the Privacy Act 1988.
    2. Information is collected for the purposes of carrying out this Agreement or enforcing the PACS’s rights under this Agreement.
    3. Personal details of customers such as names, email addresses and credit card information will be transmitted and stored with our payment gateway provider (Westpac Payway). Credit Card details will only be stored with the payment and gateway provider: they will not be stored on this server.
    4. Pioneer Airport Car Storage also implements Google Remarketing and collects Google Demographic and Interest data. None of this data contains personally identifiable information. To opt-out of this kind of tracking: please use this tool provided by Google.
  16. MISCELLANEOUS

    1. This Agreement is governed by the law of Queensland.
    2. All payments under this Agreement are to be made in Cairns Queensland
    3. Any legal action in relation to this Agreement may be brought in any court of competent jurisdiction sitting at Cairns, Queensland.
    4. No failure, delay, relation or indulgence on the part of PACS 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.
    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.
    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.
    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.
    8. The term Motor Vehicle includes all fitting, plant and equipment and chattels in or for use in connection with the Motor Vehicle.
    9. Where the context permits PACS includes its servants and agents, including independent contractors employed by PACS
    10. Where 2 or more persons are specified as Owner this Agreement binds them jointly and severally.
  17. VALIDITY

    1. These terms and conditions are valid from 3rd April 2009 for all vehicle owners, including those vehicles in storage prior to this date. Pioneer Airport Car Storage retains the right to modify the terms and conditions at any time without notice to vehicle owners.