STORAGE 

1.     The Storer:

(a)    has the right to store goods in the Space (“Goods”) allocated to the Storer by the Owner;

(b)    is deemed to have knowledge of the Goods;

(c)    warrants that it is the owner of the Goods, and/or is entitled at law to deal with them in accordance with all aspects of this Agreement;

(d)    If it is a corporation, warrants that it has permission to disclose any individual’s personal data.

2.     The Owner (which includes any directors, employees or agents):

(a)    does not have and will not be deemed to have, knowledge of the Goods;

(b)    is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the Owner does not take possession of the Goods.

3.     The Owner grants the Storer a non-exclusive licence to store the Goods in the Space in accordance with this Agreement and the Storer acknowledges that the Storer does not have exclusive possession of the Space.

4.     The rights given to the Storer by this Agreement are contractual only and do not give the Storer any interest in the land. The Storer occupies the Space as licensee and such occupation does not in any way constitute nor may be deemed to constitute or imply a tenancy.

COST 

5.     The Storer must upon signing the Agreement pay to the Owner the Administrative (Cleaning and Fumigation) fee.

6.     The Storer is responsible to pay:

(a)     the Storage Fee being the amount indicated in this Agreement or the amount notified to the Storer in writing by the Owner 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 the Owner, on time, in full, throughout the period of storage. The Owner does not normally bill for fees.

(b)     the Administrative (Cleaning and Fumigation) fee, as indicated on page one of this Agreement, is payable from time to time at the Owner’s discretion.

(c)     a late payment fee, as indicated on page one of this Agreement, which becomes payable each time a payment is late.

(d)     any costs incurred by the Owner in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action costs.

(e)            a deposit, as indicated on page one of this Agreement, is payable on the date of this Agreement, and such deposit shall be retained by the Owner free of any interest to the Storer with power for the Owner without prejudice to any other right or remedy hereunder to utilize or to deduct therefrom the amount of any of the Storage Fee, the Administrative (Cleaning and Fumigation) fee, a late payment fee, any costs incurred by the Owner in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, or other money payable hereunder which is in arrears or any loss or damage sustained by the Owner as the result of any non-observance or non-performance by the Storer of any such agreement stipulation or condition. In the event of any deduction being made by the Owner from the deposit in accordance herewith the Storer shall on demand by the Owner forthwith further deposit the amount so deducted and failure by the Storer so to do shall entitle the Owners forthwith to determine this Agreement. Subject as aforesaid the said deposit shall be refunded to the Storer by the Owner without interest within [fourteen (14)] days after the expiration or sooner determination of the Agreement and delivery of vacant possession of the Space to the Owner or after settlement of the last outstanding claim by the Owner against the Storer for any arrears of storage fee and other charges and for any breach of non-observance or non-performance of any of the provisions, terms and conditions herein contained and on the part of the Storer to be observed or performed whichever shall be the later.

7.     The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.

DEFAULT 

8.     Notwithstanding clause 20, the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date, the Owner may, without further notice, enter the Space by force or otherwise and sell or dispose of any Goods in such manner (including without limitation, by auction) and on such terms that the Owner may determine. The Storer may also be required to pay and indemnify the Owner in respect of costs of taking any default action, including any costs and expenses associated with accessing the Storer’s Space and disposal or sale of the Storer’s Goods, or in respect of claims by third parties in respect of the Goods, and legal costs on an indemnity basis. Any excess moneys recovered by the Owner on disposal will be returned to the Storer.

ACCESS AND CONDITIONS 

9.     The Storer:

(a)    has the right to access the Space during Access Hours as posted by the Owner;

(b)    will be solely responsible for the securing of the Space and shall so secure the Space at all times when the Storer is not in the Space in a manner which is acceptable to the Owner, and where applicable will secure the external gates or doors of the Space;

(c)    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;

(d)    unless specifically covered by insurance the Storer must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, personal data, paintings, curios, works of art and items of personal or sentimental value;

(e)    will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;

(f)    must not attach nails, screws etc to any part of the Space and must keep the Space clean and in a state of good repair and must not damage or alter the Space; in the event of uncleanliness of or damage to the Space or facility the Owner will be entitled to charge a cleaning or fumigation fee, and/or full reimbursement from the Storer of all the costs of the repairs required. The Storer must not connect or use power within their Space without the express permission of the Owner.

(g)   must give Notice to the Owner in writing of the change of address of the Storer or the Alternate Contact Person within 48 hours of any change;

(h)   grants the Owner entitlement to discuss any default by the Storer with the Alternate

Contact Person registered on page one of this Agreement.

10.   The Owner may refuse access to the Space by the Storer where moneys are owing by the Storer to the Owner, whether or not a formal demand for payment of such moneys has been made.

11.   The Owner reserves the right to relocate the Storer to another Space in accordance with clause 26.

12.   No oral statement made by the Owner or its employees shall form part of or amend this Agreement, and no failure or delay by the Owner to exercise its rights under this Agreement will operate to waive those rights.

RISK AND RESPONSIBILITY

13   The Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any theft, damage to, and deterioration of the Goods, and shall bear the risk of any damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts or omissions, negligent deliberate or otherwise, of the Owner or persons under its control. The Storer agrees and acknowledges that the Owner shall not be liable in any circumstances for any loss or damage to the Goods.

14.   The Storer agrees to indemnify and keep indemnified the Owner from all claims for any loss of or damage to the property of, or personal injury to, third parties resulting from or incidental to the use of the Space by the Storer, including the storage of Goods.

15.    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 Space. 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.

16.    If the Owner has reason to believe that the Storer is not complying with all relevant laws or this Agreement the Owner may take any action the Owner believes to be necessary, including the action outlined in clauses 18 and 19, contacting, cooperating with 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 the Owner may take such action at any time even though the Owner could have acted earlier.

17.    If there is more than one Storer in one Space, the obligations imposed by this Agreement are imposed on each of them jointly and separately.

INSPECTION AND ENTRY BY THE OWNER

18.    Subject to clause 16 the Storer consents to inspection and entry of the Space by the Owner provided that the Owner gives 1 day prior notification.

19.    In the event of an emergency, that is where property, the environment or human life is, in the opinion of the Owner, threatened, the Owner may enter the Space using all necessary force without the written consent of the Storer, but the Owner shall notify the Storer as soon as practicable. The Storer consents to such entry.

NOTICE 

20.    Notices will usually be given in writing and left at, or posted to, or faxed to the address of the Storer or the Owner. In relation to the giving of notices to the Owner, notices must actually be received by it 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 the Owner if the Owner serves that notice on the Alternate Contact person as identified on page one of this Agreement, or has sent notices to the last notified address of the Storer or Alternate Contact Person. In the event that there is more than one Storer in one Space, notice to or by any one of them is agreed to be sufficient for the purposes of any notice requirement under this Agreement.

TERM AND TERMINATION 

21.    Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party notice as indicated on page one of this Agreement. In the event of illegal or environmentally harmful activities on the part of the Storer the Owner may terminate the Agreement without notice. The Owner is entitled to retain a portion of the Storage Fee if less than the requisite notice is given by the Storer. Upon termination the Storer must remove at its own cost all Goods and leave the Space in a clean condition and in a good state of repair to the satisfaction of the Owner on the date specified. The Storer must pay any outstanding sum and any expenses on default or other monies owed to the Owner up to the date of termination, or clause 8 may apply. Any calculation of the outstanding fees will be by the Owner and such calculation will be final. If the Owner enters the Space for any reason and there are no Goods stored therein, the Owner may terminate the Agreement without giving prior notice, but the Owner will send notice to the Storer in writing within 7 days.

22.   The commencement date of the initial fixed period of storage must be a date within 7 days from the date of this Agreement (the “Cooling Off Period”).  During the Cooling Off Period, provided that the Storer has not accessed the Space and stored Goods therein, the Storer may elect to terminate this Agreement by giving written notice of his intention to the Owner (the “Cooling Off Period Termination Notice”), and this Agreement shall be terminated immediately and both the Owner and the Storer shall have no further obligations towards each other, including that the Owner shall be entitled to offer and grant a licence of use of the Space to another customer, and that the Owner shall refund to the Storer any deposit paid by the Storer to the Owner as indicated on page one of this Agreement free of interest within [30] days from the date of the Cooling Off Period Termination Notice.

23.   The Storer’s liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

STORER’S ACKNOWLEDGEMENT 

24.    The Storer:

(a) agrees that the terms of this document constitute the whole contract with the Owner and that, in entering this contract, the Storer relies upon no representations other than those contained in this Agreement.

(b) acknowledges that it has raised all queries relevant to its decision to enter this Agreement with the Owner and that the Owner has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by the Owner, been reduced to writing and incorporated into the terms of this Agreement.

25. (a) Any damages, whether for physical or economic loss, which the Owner is liable to pay to the Storer pursuant to this Agreement or performance of this Agreement (including damages for negligence or damages for consequential loss) are limited in all cases to:

i.     the further supply of storage equivalent to that undertaken by the Owner as set out in the terms and conditions of this Agreement; or

ii.    the payment of the cost for further storage equivalent to that undertaken by the Owner under the terms and conditions of this Agreement.

(b)   The Storer specifically agrees and acknowledges that it is aware of the limitation of liability set out in clause 25(a) above and that, in all the circumstances, and taking into account the negotiations between the parties and their relationship, such limitation on the Owner’s liability is a reasonable one.

ASSIGNMENT 

26.

(a)   The Storer may not dispose of or deal with this Agreement.

(b)   The Owner may dispose of or deal with this Agreement.

(c)   If the Owner assigns its interest in this Agreement:

i.    the Owner is released from any obligation under this Agreement arising after the assignment; and

ii.    if asked by the Owner, the Storer agrees to sign a contract under which:

(A)   the Storer agrees with the assignee to comply with this Agreement as if the assignee was the Owner; and

(B)   the assignee assumes the Owner’s obligations under this Agreement arising after the assignment.

RIGHTS OF OWNER 

27.   The Owner may whenever it sees fit:

(a)    by notice to the Storer, allocate a particular space (other than the Space) for the Storer to store the Goods and from time to time change that space;

(b)    by notice to the Storer, alter the Access Hours;

(c)    make rules in connection with the Space and the building; and

(d)    if the Owner decides there is an emergency, stop the Storer from entering the Space or the building.

ELECTRONIC SIGNATURE

28    Each of the Storer and the Owner (in this clause 28, each a “Party” and collectively the “Parties”) agrees and consents that the electronic signatures, whether digital or encrypted, of the Parties, contained in this Agreement, and/or in documents incidental to this Agreement, and/or in any subsequent document varying the terms and conditions of this Agreement, are intended to authenticate this Agreement, and/or documents incidental to this Agreement, and/or any subsequent document varying the terms and conditions of this Agreement (as the case may be), are to have the same force and effect as manual signatures. Delivery of a copy of this Agreement, and/or documents incidental to this Agreement, and/or any subsequent document varying the terms and conditions of this Agreement (as the case may be) bearing an original or electronic signature by facsimile transmission, by electronic mail in portable document format (.pdf) form or DocuSign form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.

COUNTERPARTS

29. This Agreement may be executed in any number of counterparts and by the Storer and the Owner on separate counterparts and each such counterpart shall constitute an original of this Agreement but all of which shall together constitute one and the same instrument.  This Agreement shall not be effective until each of the Storer and the Owner has executed at least one counterpart.

CHINESE TRANSLATION

30. This document has been translated into the Chinese language but in the event of any conflict overseeing between the English and Chinese version, the English version shall prevail.