Storage Agreement (New Zealand)

This Storage Agreement (the “Agreement”) is made on [Agreement Date] in New Zealand.

1. PARTIES

1.1 Operator: [Operator Name], NZBN [Operator NZBN], located at [Facility Address], phone [Operator Phone], email [Operator Email] (the “Operator”).

1.2 Customer: [Customer Name], of [Customer Address], phone [Customer Phone], email [Customer Email] (the “Customer”).

1.3 Emergency Contact: [Emergency Contact].

2. NATURE OF THIS AGREEMENT

2.1 This Agreement creates a licence only and does not create a lease, tenancy, or any other interest in land. The Customer is granted a personal, non-exclusive, revocable right to use the storage unit described in clause 3 for the purpose of storing goods, and for no other purpose.

2.2 The Operator retains possession and control of the storage facility at all times. This Agreement is not subject to the Residential Tenancies Act 1986 or the Retail Leases legislation. The Customer does not receive exclusive possession of any part of the facility beyond the right to store goods in the allocated unit during the hours specified in this Agreement.

2.3 The Operator does not take custody or bailment of any goods stored in the unit. The Customer stores goods entirely at the Customer’s own risk, subject to clause 7 (Limitation of Liability).

3. STORAGE UNIT AND ACCESS

3.1 The Operator allocates to the Customer the following storage unit at the facility at [Facility Address]:

Unit Number: [Unit Number]

Unit Size: [Unit Size]

Unit Type: [Unit Type]

3.2 The Customer may access the storage unit during the following hours only: [Access Hours]. The Operator may vary access hours on reasonable written notice. Emergency access outside these hours may be arranged at the Operator’s discretion.

3.3 The Customer is responsible for providing their own padlock or security device for the unit. The Customer must not change any lock or security device fitted to the unit without the Operator’s prior written consent.

3.4 The Operator reserves the right to access the storage unit at any time without prior notice in the event of an emergency, to inspect for compliance with this Agreement, to effect repairs, or as required by law.

4. TERM AND TERMINATION

4.1 This Agreement commences on [Commencement Date] and continues on a [Payment Frequency] periodic basis until terminated in accordance with this clause.

4.2 The Customer may terminate this Agreement by giving the Operator not less than [Notice Period] written notice of intention to vacate. The Customer remains liable for fees until the end of the notice period.

4.3 The Operator may terminate this Agreement immediately and without notice if the Customer fails to pay any fee when due and the fee remains unpaid for 7 days after the due date, or if the Customer breaches any term of this Agreement.

4.4 On termination or expiry of this Agreement, the Customer must remove all goods from the unit and leave the unit clean and free from damage. Goods not removed within 7 days of termination will be subject to the Operator’s lien rights under clause 8.

5. FEES, BOND AND PAYMENT

5.1 Storage Fee: The Customer must pay the Operator a storage fee of NZD $[Storage Fee] per month (excluding GST), payable [Payment Frequency] in advance.

5.2 GST: All fees and charges under this Agreement are exclusive of GST. The Customer must pay GST of 15% in addition to all fees under the Goods and Services Tax Act 1985 (NZ). The Operator will issue valid GST invoices showing the Operator’s GST registration number.

5.3 Administration Fee: A one-off administration fee of NZD $[Admin Fee] (excluding GST) is payable on commencement of this Agreement.

5.4 Security Bond: The Customer must pay a refundable security bond of NZD $[Security Bond] on or before the commencement date. The Operator may apply the bond towards any unpaid fees, damage costs, or other amounts owed by the Customer. The bond balance will be returned within 14 days after the Customer vacates the unit and all amounts are paid in full.

5.5 Late Payment: If any fee is not paid within 7 days of the due date, a late payment fee of NZD $20 (plus GST) will be charged. The Operator may also charge interest at the rate of 10% per annum on overdue amounts, calculated daily from the due date.

5.6 Fee Variation: The Operator may vary the storage fee on giving the Customer not less than 30 days written notice.

6. PROHIBITED ITEMS AND USE

6.1 The Customer must not store or bring into the facility any of the following:

(a) flammable, explosive, or combustible substances including petrol, gas, solvents, or ammunition;

(b) perishable food items, living creatures, or any item that emits odours or attracts pests;

(c) toxic, corrosive, hazardous, or radioactive materials;

(d) any stolen, unlawful, or counterfeit goods;

(e) any item the storage of which would be unlawful under the laws of New Zealand or any relevant local authority regulation.

6.2 The Customer must not use the storage unit for any purpose other than the storage of goods, and must not use the unit as a place of business, residence, or for any unlawful activity.

6.3 Breach of this clause entitles the Operator to terminate this Agreement immediately and to deny the Customer access to the facility without notice.

7. LIMITATION OF LIABILITY AND INSURANCE

7.1 The Customer stores all goods entirely at the Customer’s own risk. The Operator is not a bailee or custodian of the Customer’s goods and accepts no responsibility for goods stored in the unit.

7.2 To the maximum extent permitted by law, the Operator’s liability for any loss of or damage to goods stored in the unit is excluded. Where the services under this Agreement are supplied to a consumer as defined in the Consumer Guarantees Act 1993 (CGA), consumer guarantees under the CGA cannot be excluded. Where the Customer is acquiring the services for business purposes and both parties are in trade, the parties agree, as permitted under section 43 of the CGA, to contract out of the consumer guarantees implied by the CGA, to the extent permitted by that section.

7.3 The Operator is not liable for any loss or damage to goods arising from flood, fire, storm, theft, pests, vermin, condensation, water ingress, power outages, or any other cause beyond the Operator’s direct control.

7.4 The Customer is strongly advised to obtain their own contents insurance for all goods stored in the unit. The Customer’s failure to obtain insurance does not affect the Operator’s exclusion of liability.

7.5 The Customer indemnifies the Operator against any loss, liability, claim, or expense arising from the Customer’s use of the facility or breach of this Agreement, including any claim by a third party in respect of goods owned by or associated with the Customer.

8. OPERATOR’S LIEN

8.1 If the Customer fails to pay any amount due under this Agreement, the Operator has a lien over all goods stored in the unit and may refuse the Customer access to the unit until all outstanding amounts are paid in full.

8.2 If the outstanding amount remains unpaid for 28 days after the due date, the Operator may, after giving the Customer 14 days written notice to the Customer’s last known address and email, sell or dispose of the stored goods and apply the proceeds to the outstanding amount. Any surplus after deduction of all costs and fees will be returned to the Customer.

8.3 The Operator will not be liable to the Customer for any loss arising from the lawful exercise of the Operator’s lien rights under this clause.

9. GENERAL PROVISIONS

9.1 This Agreement is governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017 (CCLA), the Consumer Guarantees Act 1993 (CGA), and the Fair Trading Act 1986 (FTA). The parties submit to the non-exclusive jurisdiction of the courts of New Zealand, including the Disputes Tribunal (for amounts up to NZD $30,000).

9.2 Any dispute arising under this Agreement must be referred to the Operator’s complaints process in the first instance. If not resolved, either party may refer the matter to a mediator agreed between the parties through the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), or to the Disputes Tribunal.

9.3 This Agreement is personal to the Customer and may not be assigned or transferred to another person without the Operator’s prior written consent.

9.4 Notices may be given by email to the addresses specified in clause 1 and will be effective on transmission provided no delivery failure is received.

9.5 This Agreement constitutes the entire agreement between the parties regarding the storage of goods at the facility and supersedes all prior representations and arrangements.

9.6 The Operator will handle any personal information provided by the Customer in accordance with the Privacy Act 2020 and the Information Privacy Principles (IPPs).

EXECUTION

This Agreement is executed by the parties as follows:

OPERATOR

[Operator Name]

CUSTOMER

[Customer Name]