TERMS AND CONDITIONS APPLYING TO STORAGE SERVICES – PRIVATE
The following terms and conditions apply to the provision of Storage Services by Australian Piano Movers Pty Ltd ACN 165 552 241 (“APM”) to the Customer. In these terms and conditions Storage Services means the provision by APM of designated space within an enclosed commercial storage facility operated by and or under its management and/or control for the custody and storage of goods and chattels in accordance with the terms and conditions set out herein. Where the Customer authorises and permits APM to provide Storage Services it is deemed to accept the terms and conditions set out in this document.
The Customer acknowledges and agrees that where it has requested APM to provide Storage Services to it in respect of its goods and chattels and such services are provided by APM, its access to and right to recover possession of its goods and chattels is subject to its full compliance with these terms and conditions and satisfaction of any lien to which APM may be or is entitled.
The Customer further covenants and agrees that it will immediately provide written notice to APM of any change in the Customer’s contact or payment details or any other circumstance which could reasonably be excepted to affect APM’ willingness to continue to provide Storage Services to the Customer.
The Customer covenants and agrees that where it has requested APM to provide Storage Services to it in respect of its goods and chattels and such services are provided by APM, it shall be bound by and shall not dispute APM’s description of the condition of the goods and chattels at the commencement of the provision of the Storage Services unless it provides APM with detailed and clear colour images/photographs of the goods and chattels at the commencement of the provision of the Storage Services and APM has accepted the currency and veracity of the images/photographs.
The Customer authorises and directs APM to take (or to not take as the case may be) such measures and action as may be deemed necessary in the sole and absolute discretion of APM to preserve and protect goods and chattels the subject of the Storage Services and agrees that where APM is by necessity required to provide Relocation Services, APM’s terms and conditions for Relocations Services shall apply.
The Customer agrees to pay the costs, fees, expenses and charges for the Storage Services at the rates and calculated in the manner advised by APM prior to the provision of the Storage Services. All such fees, costs, expenses and charges are to be paid in Australian dollars together with any applicable GST.
The Customer warrants that it is either the owner of the goods and chattels in relation to which the Storage Services are to be performed or it is duly authorised to engage and direct APM to carry out the Storage Services in respect of the relevant goods and chattels and shall indemnify and keep indemnified APM against any losses, expenses, damages and costs arising by reason of claims in the nature of unlawful interference with, detention of or damage to property.
The Customer warrants that goods and chattels in relation to which Storage Services are provided do not pose any reasonably unforeseeable risk to the health and safety of persons likely to handle, maneuver or be in proximity to such goods and chattels whilst they are the subject of Storage Services and that it has disclosed any and all such risks to APM in writing at the time of requesting the Storage Services.
The Customer agrees to retrieve and/or remove goods and chattels from any storage facility operated by or under the management and/or control of APM if and when directed by or on behalf of APM and agrees to pay any costs associated with the relocation, storage, protection, preservation, marketing, sale, disposal and return of goods and or chattels in the custody and/or control of APM by reason of these terms and conditions.
Payment of any invoices must be made as and when stipulated upon any such invoices or where advised by APM in advance in order for the provision of the Storage Services to proceed.
If any amount payable by the Customer to APM is not paid when due APM shall be entitled to charge the Customer interest on the unpaid amount calculated daily at a rate being 1% greater than the Commonwealth Bank of Australia business lending rate then applying and APM shall be entitled to recover from the Customer as a debt due any and all reasonable expenses (including legal costs on a solicitor/own client basis and contingent expenses such as debt collection commission) incurred by APM in the enforcement of the Customer’s obligations under this Agreement and the recovery of monies due from the Customer to APM. In such situations these terms and conditions constitute notice that APM claims a lien over any goods or chattels the subject of Storage Services in accordance with the Warehousemen’s Lien Act 1958
APM’s liability for any claim in connection with the provision of Storage Services will not extend to any indirect or consequential loss (including but not limited to aggravated, special, punitive or exemplary damages, non-economic loss, loss of opportunity or loss of earnings).