STORAGE

1. The Vehicle Owner:
   1. Acknowledges that the only services Booksmart Car Storage Ltd is providing to the vehicle owner is the driving of the vehicle to Booksmart Car Storage’s Storage Facility and a licence to use space allocated to the vehicle owner by Booksmart Car Storage Ltd for the sole purpose of storing a vehicle and that no other goods or services are provided or responsibilities are taken by Booksmart Car Storage Ltd.
   2. Is deemed to have knowledge of the goals in the Storage Facility.
   3. Acknowledges that the agreement does not grant the vehicle owner a lease or any interest in the Storage Facility.

1. Booksmart Car Storage Ltd (which term Includes its directors, employees and agents):
   1. Does not provide any service other than providing space to store a vehicle and driving that vehicle to Booksmart Car Storage Ltd Storage Facility;
   2. Does not and will not be deemed to have knowledge of goods stored within the vehicle;
   3. Is not a bailee nor a warehouseman of the vehicle and the vehicle owner acknowledges that Booksmart Car Storage Ltd does not take possession of the vehicle.

COSTS

1. The vehicle owner must pay:
   1. The Storage Fee or the amount notified to the vehicle owner in writing by Booksmart Car Storage Ltd from time to time. The Storage Fee is payable in advance and it is the vehicle owner’s responsibility to see that payment is made directly to Booksmart Car Storage Ltd, on time, in full, throughout the period of storage.

FAILURE TO PAY

1. The vehicle owner acknowledges that:
   1. All time limits imposed on the vehicle owner by the agreement must be complied with strictly;
   2. All vehicles in the Storage Facility are subject to a general lien for all Storage Fees and any other amounts owing to Booksmart Car Storage Ltd by the vehicle owner. In the event of the Storage Fee not being paid in full by the agreed return date, Booksmart Car Storage Ltd may take possession of the vehicle and any goods in the vehicle and may, at Booksmart Car Storage Ltd’s sole discretion, do any one or more of the following;
   3. Sell the vehicle by private arrangement or public auction to defray any unpaid Storage Fee,  late payment fee, or costs associated with collection of Fees and/or costs associated with disposal of the vehicle and/or
   4. Dispose of the vehicle in any other manner, whether for value or not, as Booksmart Car Storage Ltd sees fit;
   5. If any money is recovered from the sale or disposal of vehicle, that money shall be used as follows:
   6. First, to pay the costs of and associated with the sale or disposal of the vehicle, that money shall be used as follows;
   7. Second, all Storage Fees and other fees owed to the vehicle owner and any other costs incurred by the vehicle owner in connection with selling or disposing of the vehicle;
   8. Third, any excess will be sent to Booksmart Car Storage Ltd.

ACCESS TO AND CONDITIONS OF USE OF THE SPACE

1. The vehicle owner
   1. Has the right of access to the vehicle only during access hours as posted by Booksmart Car Storage Ltd;
   2. Must not store any goods in the vehicle that are hazardous, illegal, stolen, inflammable, explosive environmentally harmful, perishable or that are a risk to the property of any person;
   3. Ensure the vehicle does not drop excessive amounts of oil or other fluids
   4. In the Event of damage to the Storage Facility by the vehicle or the vehicle owner, Booksmart Car Storage Ltd is entitled to charge the vehicle owner the value of the repairs required;
   5. Cannot assign this agreement;
   6. Grants Booksmart Car Storage Ltd entitlement to discuss any default by the vehicle owner with the Alternate Contact Person;
2. Booksmart Car Storage Ltd may refuse access to the Storage Facility by the vehicle owner where any money is owing by the vehicle owner to Booksmart Car Storage Ltd, whether or not a formal demand for payment has been made.

RISK AND RESPONSIBILITY

1. No oral statements made by Booksmart Car Storage Ltd or its employees form part of the agreement. No failure or delay by Booksmart Car Storage Ltd to exercise its rights under this agreement will operate to reduce those rights.
2. If the vehicle owner is using the Storage Facility for the purposes of business storage, then the guarantees and remedies in the Consumer Guarantees Act 1992 (“the Act”) are excluded.
3. If the Act applies the vehicle owner acknowledges in accordance with clause 1a that Booksmart Car Storage Ltd is only providing a licence to use the space provided by Booksmart Car Storage Ltd for the sole purpose of storing goods there and that no other goods and services are provided by Booksmart Car Storage Ltd. In particular, no other undertakings or commitments are given or undertaken by Booksmart Car Storage Ltd whether in tort, contact or other legal principle.
4. The provisions of the Act are not contracted out of by Booksmart Car Storage Ltd, but because only a licence to occupy space within the Storage Facility is provided by Booksmart Car Storage Ltd, whether or not the Act applies, the vehicle is stored at the sole risk and responsibility of the vehicle owner who is responsible for all loss, damage and deterioration of the goods and bears the risk of all damage caused by flood, fire, water, spillage of material from other space, including any acts or omissions of Booksmart Car Storage Ltd or persons under its control.
5. The only person who can deliver and remove the vehicle from the Storage Facility is the vehicle owner UNLESS the vehicle owner gives personal or telephone instructions to Booksmart Car Storage Ltd.
6. Unless specifically covered by insurance, the vehicle owner must not store items in the vehicle which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.
7. The vehicle owner agrees to indemnify Booksmart Car Storage Ltd from all claims in contract, tort or otherwise for any loss or damage to the property of, or personal injury to;
   1. Third parties; and/or
   2. The true owner of the vehicle stored resulting from or incidental to the use of the Storage Facility by the vehicle owner.

DAMAGE/LOSS

1. All vehicles left in the custody of Booksmart Car Storage Ltd and its’ servants or agents are solely at the risk of the vehicle owner.  Booksmart Car Storage Ltd, its’ servants or agents shall not be liable for any loss or damage to the vehicle or any property stolen or damaged or otherwise lost in or on the vehicle whilst in the care of Booksmart Car Storage Ltd.  These conditions shall apply at all times while the vehicle is parked, driven or otherwise in the custody or control of Booksmart Car Storage Ltd and it’s servants or agents.
2. Booksmart Car Storage Ltd and it’s servants and agents may move or drive the vehicle whilst left with Booksmart Car Storage Ltd for the purpose of being taken to and parked at Booksmart Car Storage Ltd’s facility, or delivered to the airport.

COMPLIANCE WITH LAWS

1. The vehicle owner acknowledges and agrees to comply with all relevant laws, applicable to the use of the Storage Facility. This includes laws relating to the vehicle which is stored, and the manner in which it is stored.  Liability for all breach of such laws rests absolutely with the vehicle owner and includes all costs resulting from such breach.
2. If Booksmart Car Storage Ltd believes at any time in its discretion that the vehicle owner is not complying with any law, Booksmart Car Storage Ltd may take any action Booksmart Car Storage Ltd believes to be necessary to so comply, including inspection and termination under clauses 18 and 19. Booksmart Car Storage Ltd may also immediately dispose of or remove the vehicle at the vehicle owner’s expense and submit the vehicle to the relevant authorities.

TERMINATION

18.a.        Either party may terminate this agreement by giving the other party written notice as indicated on the front of this agreement, or, in the event of Booksmart Car Storage Ltd not being able to contact the vehicle owner, the Alternate Contact Person identified on the front of this agreement.

1. In the event of illegal or environmentally harmful activities on the part of the vehicle owner, Booksmart Car Storage Ltd may terminate the agreement without notice.
2. Upon termination the vehicle owner must remove the vehicle on the date specified. The vehicle owner must pay any outstanding moneys and any expenses on default of other moneys owed to Booksmart Car Storage Ltd up to the date of termination. Any calculation of the outstanding fees will be by Booksmart Car Storage Ltd and such calculation will be final.

NOTICE:

19.   Notice will usually be given in writing and left at, or posted to, the address of the vehicle owner or Booksmart Car Storage Ltd. In the event of not being able to contact the vehicle owner, notice is deemed to have been given to the vehicle owner if Booksmart Car Storage Ltd gives or makes reasonable attempts to give that notice by postage or delivery to the address of the vehicle owner or to the Alternate Contact Persons as identified on the front of this agreement.