STORAGE - CARAVAN / BOAT / TRAILER

Storage is available at $10 per day - long or short term 
Terms & Conditions of Storage 

By paying to Store you agree to the following :-

COOROY CARAVAN PARK -TERMS AND CONDITIONS:

 

1.     Agreement to store Stored Items  Cooroy Caravan Park agrees to store the Stored Items for the Storer for the Term described in the Reference Schedule for the Storage Fees described in the Reference Schedule on the terms and conditions contained in this agreement.

2.     Fees

(a)  The Storer shall pay the Storage Fees in advance at the rate and frequency agreed on the Reference Schedule.

(b)  If any Storage Fees are not paid on the date for payment, the Storer may be charged interest on the unpaid Storage Fees at the prevailing rate under the Queensland Law Society’s Standard Contract Default Rate.

(c)  The Storage Fees represent the inclusive value of the supply for GST purposes.

3.     Term

(a)    This Agreement shall be valid and remain in full force and effect for the Term or unless terminated earlier pursuant to the terms of this agreement.

(b)    If the Storer does not collect the Stored Items at the expiry of the Term, the Agreement becomes a monthly Agreement and the storer shall continue to pay the same storage fees under this Agreement as the Storer did at the expiry of the Term.

(c)     The monthly agreement created undersub-clause3(b)will continue on the same terms of this Agreement and either party may give the other a months written notice terminating the agreement, unless the Storer is in default, in which case, Cooroy Caravan Park may give 72 hours written notice to the Storer terminating the tenancy.

4.     Risk

The Stored Items are stored entirely at the risk of the Storer, and Cooroy Caravan Park accepts no liability for the Stored Items whatsoever.

5.     Insurance

(a)  The Stored Items under this agreement shall be fully insured by and at the cost and expense of the Storer against theft, loss destruction and damage by fire, water, tempest, storm, accident, malicious damage, vandalism, act of God and other usual or normal risks or hazards of storage.

(b)  The Storer indemnifies Cooroy Caravan Park to the maximum extent permitted by law from all liability on account of any loss destruction or damage covered by this subclause.

6.     Storer’s Obligations

The Storer must:

(a)  not tender for Storage any volatile or explosive Stored Items or Stored Items which are or may become dangerous, inflammable, or offensive (including radioactive materials) or which are or may become liable to damage any person or property without first presenting to Cooroy Caravan Park a full written description disclosing the nature of those Stored Items.

(b)  notify Cooroy  Caravan Park of any change in their address or contact details.

(c)  supply or pay for labour or machineryorbothtodeliverand collect the Stored Items.

(d)  compensate CooroyCaravan Park for any cost, expense or loss to Cooroy Caravan Park’spropertyorinjurytoany person caused by the Storer or Stored Items.

(e)  unless otherwise agreed, give at leastseven(7)cleardays’noticeto Cooroy Caravan Park of its intentiontocollecttheStoredItems or have them collected or redelivered;

(f)     unless by prior arrangement, only deposit, tend to, or collect storage items during the opening hours of Cooroy Caravan Park as detailed on our website: www.cooroycaravan park.com.au and at displayed at the entrance to the Premises.

(g)  if Cooroy Caravan Park gives notice to the Storer requiring the Storer to remove the Stored Items, the Storer must pay any charges outstanding and remove the Stored Items within seven (7) days of the date of notice.

(h)  obey all reasonable directions and rules given by Cooroy Caravan Park in relation to any matters connected with the storage of Stored Items and access to Stored Items.

 (i)    not store any item on behalf of a third party (including inside a shipping container) or allow a third party to access Stored Items without the consent of Cooroy Caravan Park.

7.     Storer’s Warranties and

Indemnities

The Storer warrants:

(a)  the person delivering the Stored Items to Cooroy Caravan Park for Storage is authorised so to do and to sign this agreement.

(b)  they are either the owner or the authorised agent of the owner of the Stored Items and they accept these conditions for themselves and for any other person having an interest in the Stored Items;

(c)  that they indemnify Cooroy Caravan Park from any loss, damage, expense, penalty, fine or liability arising from a breach of these warranties, the Storer’s obligations or these conditions.

8.     Cooroy Caravan Park’s

Rights.

(a)  If any Charges are unpaid for fourteen(14)days or the Storer is in breach of this Agreement (including, but not limited to failing to obey a reasonable direction or rules pursuant to clause 6(h)) Cooroy Caravan Park may require the Storer to remove the Stored Items.

(b)  If in Cooroy Caravan Park’s opinion, the Stored Items are or are liable to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature, Cooroy Caravan Park may at any time and at the Storer’s cost destroy, dispose of, abandon or render them harmless without compensation to the Storer, and without prejudice to Cooroy Caravan Park right to any Storage Fees.

(c)  If the Storer instructs Cooroy Caravan Park to use a particular method of Storage, Cooroy Caravan Park will give priority to that method but if Cooroy Caravan Park cannot conveniently adopt it, Cooroy Caravan Park may use any method of Storage.

(d)  Unless and until all Storage Fees and/or charges have been paid, Cooroy Caravan Park does not have to make the Stored Items available to any Person.

(e)  Cooroy Caravan Park may assign this agreement to any successor or assignee upon seven(7)days’ notice in writing to the Storer.

9.     Lien

(a)  Cooroy Caravan Park has a general lien on the Stored Items for all Storage Fees due or which become due on any account whether for storage of the Stored Items or otherwise pursuant to the terms of this agreement.

(b)  If the Storage Fees are not paid when due or the Stored Items are not collected when so required or designated, Cooroy Caravan Parkmay, after notifying you,in thirty (30) days:

(i)    remove all or any of the Stored Items Cooroy Caravan Park thinks fit at the Storer’s risk and expense, or

(ii)   subject to any statutory requirement, sell the Stored Items as Cooroy Caravan Park thinks fit and apply the proceeds to discharge the lien and costs of sale without being liable to any Person for any loss or damage caused.

10.Claims

(a)  If Cooroy Caravan Park is liable for damage to or loss of the Stored Items or any part of the Stored Items, no claim for the loss or damage may be made unless notice of the claim is lodged in writing within 1 day of the date of removal of the Stored Items.

(b)  The failure to notify a claim within the time under 10(a) is evidence of satisfactory performance by Cooroy Caravan Park of its obligations.

(c)  Despite any other condition except 12, Cooroy Caravan Park will be discharged from all liability for loss or damage or the Storage of the Stored Items unless an action is brought within six(6)months of the date of removal of the Stored Items from Storage.

11.Exclusions and Limitations

(a)  Subject to 12, Cooroy Caravan Park excludes from these conditions all conditions, warranties and terms implied by statute, general law or custom.

(b)  Subject to 12, Cooroy Caravan Park excludes all liability to any person, including the Storer, for acts or omissions of Cooroy Caravan Park in tort (including negligence), contract, bailment or otherwise for loss of, damage to or deterioration or contamination of the Stored Items, or any delay or other failure arising out of the Storage or these conditions.

(c)  Subject to 12, Cooroy  Caravan Park excludes all liability for, and the Storer releases and indemnifies Cooroy  Caravan Park against all loss, damage, cost and expense from any claim by any Person in tort (including negligence), contract bailment or otherwise for loss or damage to any property, injury to, or death of any Person arising out of any acts or omissions of Cooroy  Caravan Park or any or all of the Stored Items, the Storage, any delay or other failure to supply the Storage or these conditions.

(d)  The exclusions, releases, and indemnities in 10(b) and 10(c) extend to loss of profits, business or anticipated savings or any other indirect or consequential damage and to economic loss and even if Cooroy Caravan Park knows they are possible or otherwise foreseeable.

(e)  These conditions apply in all circumstances arising from a fundamental breach of contractor breach of a fundamental term.


(f)    Cooroy  Caravan Park, in addition to acting foritself, also acts as agent of and trustee for each of its servants, agents and sub- contractors so they are entitled to the full benefit of these conditions, including any exclusions or limitations of liability, to the same extent as Cooroy  Caravan Park.

(g)  Even if Cooroy Caravan Park breaches a Park contract or any of its or these conditions, all the rights, immunities and limitations of liability in these conditions continue to have their full force and effect in all circumstances.

12.Australian Consumer Law. This agreement is subject to any applicable implied warranty in the Australian Consumer Law which cannot be excluded, restricted, or modified.

13.Law

This agreement is governed and must be construed under the laws of the State of Queensland and the parties submit to the exclusive jurisdiction of the courts of that State.

12.  Severability

If a condition or part is unenforceable the unenforceability does not affect any other part of the condition or any other condition.

13.  Variations and Waiver

(a)  Cooroy Caravan Park is not bound by any waiver, discharge or release of a condition or any agreement which varies these conditions unless it is in writing and signed for Cooroy  Bay Caravan Park by an authorised officer.

(b)  If Cooroy Caravan Park waives a breach of a condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.


COOROY CARAVANPARK