Terms & Conditions

• 1.Definitions
• (a) "Licensee" (YOU) shall mean the person (or persons), Company or entity requiring space as defined by "Unit"
• (b)"Unit" shall mean the designated space, container, storage box, shed space, specified area, or yard space used by the Licensee.
• (c)"Guarantor" shall mean the person (or persons), or entity, who agrees to be liable for the debts of the Licensee on a principal debtor basis.
• (d)"Fees" shall mean the cost of the license to use the Unit as agreed between the Licensor and Licensee in accordance with clause 4 below.
• 2.Acceptance
• (a)If the Licensee is using the Unit for the purposes of business storage, then the provisions of the Consumer Guarantees Act 1993 do not apply.
• (b)Where more than one person has entered into this agreement as the Licensee, both shall be jointly and severally liable for all payments of the Fees.
• (c)Upon signing of this agreement by the Licensee the terms and conditions herein are binding and can only be amended by the written consent of the Licensor.
• (d)Where the Licensee is a commercial entity (or a trust) the Licensee shall give the Licensor not less than seven (7) days prior written notice of any proposed change of the ownership of the Licensee, or any change of the Licensees name and/or any other change in the Licensee details) including, but not limited to, changes in the Licensee's address, contact details or business practice). The Licensee shall be liable for any loss incurred by the Licensor as a result of the Licensee's failure to comply with this clause.
• (e)The Licensee:
• i.Acknowledges that a minimum storage period of one (1) week shall be applicable; and
• ii.Acknowledges that the Licensor is providing to the Licensee a license to use the Unit allocated to the Licensee by the Licensor for the sole purpose of storing goods. No other goods or services are provided or responsibilities are taken by the Licensor, and the license to use the Unit does not create an interest in land; the Licensee has merely a right of occupation of the Unit for the term of the license; and
• iii.Warrants that they are the rightful owner of the goods to be stored in the Unit and is deemed to have knowledge of the nature of those goods; and
• iv.Shall not be entitled to assign this agreement to any other person/or persons; and
• v.Acknowledges that the Licensor shall be entitled to enter the Unit at any time and by any method, where required to by law or by any legal authority; or under provisions of this agreement, and
• vi.Grants the Licensor entitlement to discuss any default by the Licensee with the Alternative Contact Person.
• (f)The Licensor:
• (i)Does not, and will not be deemed to, have knowledge of the goods in the Unit; and
• (ii)Is not a bailee nor a warehouseman, of the goods, and the Licensor acknowledges that subject to clause 11, the Licensor is not in possession of the goods.
• (g)If the Licensee requires the use of the Unit longer than specified above, this agreement shall, upon written notification to the Licensor by the Licensee, continue on a weekly basis, until terminated as per clause 12.
• 3.Security – Self Storage Facility only
• (a)This facility is equipped with a security system. However the Licensor still relies on the Licensee, to observe and notify the Licensor in the event of any problems that might occur either in respect of the Licensee unit or in the overall complex. As users of the facility, the Licensee should each have an interest in the security and wellbeing of the complex. The Licensor deeply appreciates any help you can give us in this respect.
• (b)If the Licensee sees anything suspicious or the security systems are not working please phone Pack and Stack for assistance.
• 4.Fees and Payment
• (a)Upon signing this agreement the Licensee must pay to the Licensor a bond. The bond will only be refunded when the Unit is left in a satisfactory & clean condition upon inspection by the Licensor on the vacation of the Unit. Reasonable endeavours will be used to refund the bond within seven (7) days of contract completion, subject that all storage fees due are paid up to date.
• (b)The Licensee must pay:
• (i) the Fees (or any variation to this amount, on provision of seven (7) days written notification to the Licensee by the Licensor), which shall be detailed above and payable in advance. and
• (ii) the Fees by weekly, fortnightly, 4 weekly, or calendar monthly payments as detailed above, to the Licensor; and
• (iii) any security callout fees that may result from the Licensee's misuse and/or failure to comply with the security protocols of the Unit.
• (c)Payment shall be made by cash, direct debit or any other method as agreed between the Licensor and the Licensee.
• (d)If direct debit or Automatic payment fails, amount due will be charged to supplied credit card.
• (e)The Licensor and the Licensee agree that the Licensee's obligations to the Licensor shall not be deemed completed until:
• (i) the Licensee has paid the Licensor all amounts owing under this agreement; and
• (ii) the Licensee has met all other obligations due by the Licensee to the Licensor.
• (f)Receipt by the Licensor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Licensor's ownership or rights in respect of the Fees, and this agreement, shall continue.
• (g)All funds paid by electronic transfer (direct credit) must be visible in Pack and Stacks account bank account at least 1 business day before they can be credited to the licensee account.
• 5.Access to the Unit (self storage only)
• (a)The Licensee:
• (i) has the right of access to the Unit only during access hours as posted by the Licensor, Access outside of these hours is not permitted without the express approval of the Licensor; and
• (ii) must have consideration for other licensees and neighbouring properties when accessing the Unit, and in particular must avoid excessive noise; and
• (ii) is solely responsible for the securing of the Unit in a manner which is acceptable to the Licensor, and when entering or leaving will ensure external gates or doors of the premises are secured; and
• (b)Any motor vehicle used for access must travel at a speed no greater than 10 kilometres per hour on site. Under no circumstance can vehicles be left unattended or stored on facilities site. Maximum time on site is 2 hours for a vehicle and occupants / visitors. Any vehicles left in breach of this agreement can be removed by the Licensor or be towed by a salvage company with all costs of recovery liable by the Licensee. The Licensee irrevocably grants to the Licensor the right to remove any such vehicle without notice. The Licensee shall have no right of claim against the Licensor for any damage or costs whatsoever against the Licensor for any event the Licensor carries out. In short – no parking on site except to attend your unit and for a maximum of 2 hours.
• (c)The Licensor reserves the right to relocate the Licensee to another Unit for the proper management of the premises.
• (d)The Licensor has the right to restrict access to the Unit, and the premises, without notice if the Licensee's account falls into arrears by more than two ( 2 ) days.
• 6.Restrictions on Use of the Unit
(a) The Licensee:


• (i) shall not store any goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, wet, perishable, or that are a risk to the property of any other person; and
• (ii) shall only use the Unit for the purpose of storage of personal or business goods, no carrying out any work activities of any sort, (shall not carry out any recreational, illegal, immoral, or other activities in the Unit); and
• iii) must maintain the Unit by ensuring it is clean and in a state of good repair or a cleaning fee may be deducted from the bond and/or an additional cleaning fee may be charged to the Licensee; and
• (iv) ensure the goods are dry, clean, free from vermin and food scraps when placed in the Unit; and
• (v) shall not, under any circumstances, use the Unit for human or animal habitation, or for the direct selling of products ; and
• (vi) must not physically alter or damage the Unit in any way (including the use of screws or nails) without the Licensor's consent. In the event of damage to the Unit, the Licensor is entitled to retain the Licensee's bond to the value of the repairs required; and
• (vii) must not obstruct or interfere with the use of other units by other licensees.
• (c)No appliance of any kind is permitted to be plugged into power in the Unit at any time without the prior permission of the Licensor. If an appliance is used in contravention of the clause and, any loss or damage to goods, the Unit and/or storage premises occurs, then this shall be the sole responsibility of the Licensee.

• 7.Risk, Responsibility, Insurance and Indemnity
• (a) Pin codes ( which can be changed by the Licensor at any time ) are supplied to the Licensee strictly for access to the licensee's unit or site ONLY. Sharing the Pin code with any other person to allow them to gain access to the site is strictly prohibited. Failure to observe this could result in immediate termination. The Licensor shall not be liable for any loss or damage to goods stored in the Unit, as a result of the Licensee's failure to adhere to this clause.
• (b) Other than by the Licensee's express authorisation provided to the Licensor, the only person who can make deliveries and removals from the Unit is the Licensee.
• (c) The Licensee or alternative contact person must identify themselves by providing proper identification that they are the person(s) authorised by the Licensee to enter the Unit.
• (d) Goods are at all times stored at the Licensee's sole risk. The Licensor shall not be responsible for any damage and deterioration of any goods of the Licensee stored in the Unit. It is the Licensee's responsibility to ensure that all goods stored in the Unit are insured against all possible damage (including, but not limited to, the perils of accident, fire, flood, theft and burglary and all other usual risks, or cause by water, spillage of material from any other unit, removal or delivery of the goods, pest or vermin or any other reason whatsoever including any acts or omissions of the Licensor or persons under its control).
• (e) It is advisable that all contents are cleaned prior to being stored to prevent mould & mildew. We also advise to use products designed to reduce moisture in the storage area.
• (f) Unless specifically covered by insurance, the Licensee must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value.
• (g) The Licensee agrees to use the Unit at their own risk and releases to the full extent permitted by law the Licensor, its employees and agents from all claims and demands of any kind and from all liability which may arise in respect of any accident, damage or injury occurring to any person or property arising out of the use of the Unit.
• 8.Compliance With Laws
• (a) The Licensee acknowledges and agrees to comply with all relevant laws, applicable to the use of the Unit. This includes laws relating to the goods which are stored, and the manner in which they are stored. Liability for all breach of such laws rests absolutely with the Licensee and includes all costs resulting from such breach.
• (b) If the Licensor believes at any time that the Licensee is not complying with any law, the Licensor may (in its discretion) take any action the Licensor believes to be necessary to so comply, including inspection and termination under clauses 9 and 12. The Licensor may also immediately dispose of or remove the goods at the Licensee's expense, and/ or submit the goods to the relevant authorities.
• 9.Inspection and Entry by the Licensor
• (a) Subject to clause 9(b), the Licensee consents to inspection and entry of the Unit by the Licensor, provided the Licensor has supplied the Licensee 2 hrs written notice of such intent. Refer section 15.
• (b) In the event of the Licensee's breach of any of their obligations under this agreement (including those relating to payment), or an emergency (that is, where the Licensor believes that laws are being broken, or where property, the environment or human wellbeing is, in the opinion of the Licensor, threatened) the Licensor may enter the Unit, without the written consent of the Licensee, using all necessary force. The Licensor will notify the Licensee as soon as practicable. The Licensee irrevocably consents to such entry.
• 10.Default and Consequences of Default
• (a) Interest on overdue amounts shall accrue from the date when payment becomes due daily until the date of payment at a rate of two percent (2%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
• (b) In the event that the Licensee's payment is dishonoured for any reason the Licensee shall be liable for any dishonour fees incurred by the Licensor.
• (c) If the Licensee defaults in any payment when due, the Licensee shall indemnify the Licensor from and against all costs and disbursements incurred by the Licensor in pursuing the debt including legal costs on a solicitor and own client basis and the Licensor's collection agency costs.
• (d) Without prejudice to any other remedies the Licensor may have, if at any time the Licensee is in breach of any obligation (including those relating to payment), the Licensor may suspend or terminate the license to use the Unit which has been extended to the Licensee and any of its other obligations under this agreement. The Licensor will not be liable to the Licensee for any loss or damage the Licensee suffers because the Licensor has exercised its rights under this clause.
• (e) If any account remains overdue after seven (7) days without reasonable excuse then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable. In addition, any extra-legal costs on a solicitor/client basis incurred.
• (f) Without prejudice to the Licensor's other remedies at law the Licensor shall be entitled to terminate this agreement and all amounts owing to the Licensor shall, whether or not due for payment, become immediately payable in the event that:
• (i) any money payable to the Licensor becomes overdue, or in the Licensor's opinion the Licensee will not be able to meet its payments as the fall due; or
• (ii) the Licensee becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
• (iii)a receiver, manager, liquidator ( provisional or otherwise) or similar person is appointed in respect of the Licensee or any asset of the Licensee.
• 11.Unpaid Fees - Licensor's Rights to Dispose of the Goods
• (a)The Licensor shall have a security interest in any goods stored in the Unit for all sums payable by the Licensee to the Licensor, and if the all Storage and other Fees are not paid within seven (7) days of the due date without reasonable excuse the Licensor shall have the right to dispose of such goods or sell them by public auction or private treaty after giving notice to the Licensee. The Licensor shall be entitled to retain the sums due to it (in addition to the charges incurred in the seizure, detention and sale of such goods) from the proceeds of sale and shall render any surplus to the entitled person. Any excess moneys recovered by the Licensor on disposal will be returned to the Licensee.
• 12.Termination
(a) Either party may terminate this agreement by giving the other party seven (7) days written notice.


• (b) In the event of a breach of this agreement, if the Licensor enters the Unit and there are no goods stored there, or where the Licensee is involved in illegal or environmentally harmful activities, the Licensor shall have the right to immediately terminate this agreement by giving written notice to the Licensee.
• (c) Only in situation where a licensee account is completely up to date, and the Licensor advises the Licensee, as an inclusion in the notice of termination, that unless the Licensee's goods are removed (within seven (7) days of the date that such notice is given) the property of the Licensee shall be forfeited to the Licensor without payment or compensation. If the Licensee fails to comply with such notice ownership of the Licensee's goods in the Unit shall immediately pass to the Licensor.
• (d) The Licensor is entitled to retain the Bond if the required notice is not given by the Licensee.
• (e) Upon termination, the Licensee must remove all goods in the Unit and leave the Unit in a clean condition and in a good state of repair to the satisfaction of the Licensor on the date specified. The Licensee must pay any outstanding moneys and any expenses on default or other moneys owed to the Licensor. Any calculation of outstanding fees will be by the Licensor, and such calculation will be final.
• (f) If the Licensee fails to meet any of their obligations and the unit requires cleaning or disposal of items left in it, a minimum fee of $300 plus GST and disposal and or environmental charges, is immediately due and payable to the Licensor. This covers disposal and the first hours labour, if further time is required to clean, remove and dispose of items, or to return it to a clean and usable condition then additional time is charged at $150 plus GST per hour or part thereof.
• 13.Privacy Act 1993
(a) The Licensee and the Guarantor's (if separate to the Licensee) authorise the Licensor to:


• (i) collect, retain and use any information about the Licensee and/or Guarantors, for the purpose of assessing the Licensee's and/or Guarantors creditworthiness or marketing products and services to the Licensee and/or Guarantors; and
• (ii) disclose information about the Licensee and/or Guarantors, whether collected by the Licensor from the Licensee and/or Guarantors directly or obtained by the Licensor from any other source to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Licensee and/or Guarantors.
• (b) Where the Licensee and/or Guarantors are an individual the authorities under 13(a) are authorities or consents for the purposes of the Privacy Act 1993.
• (c) The Licensee and/or Guarantors shall have the right to request the Licensor for a copy of the information about the Licensee and/or Guarantors retained by the Licensor and the right to request the Licensor to correct any incorrect information about the Licensee and/or Guarantors held by the Licensor.
• Licensee Initial………....

• 14.Personal Property Securities Act 1999 ("PPSA")
(a) Upon assenting to these terms and conditions in writing the Licensee acknowledges and agrees that:

(i) these terms and conditions constitute a security agreement for the purposes of the PPSA; and

(ii) a security interest is taken in all goods stored in the Unit.

(b) The Licensee undertakes to:


• (i) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Licensor may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
• (ii) indemnify, and upon demand reimburse, the Licensor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any goods charged thereby;
• (iii) not register a financing change statement or a change demand without the prior written consent of the Licensor.
• (c) The Licensor and the Licensee agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
(d) The Licensee waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129 131 and 132 of the PPSA


• (e) Unless otherwise agreed to in writing by the Licensor, the Licensee waives its right to receive a verification statement in accordance with section 148 of the PPSA.
• (f) The Licensee shall unconditionally ratify any actions taken by the Licensor under clauses (a) and (e).
• 15.Notice
• (a) Notice will usually be given in writing, by email, text message to the Licensee by the Licensor. In the event of not being able to contact the Licensee, notice is deemed to have been given to the Licensee if the Licensor gives, or makes reasonable attempts to give, that notice by email or text message.
• (b) Where the Licensor is unable to contact the Licensee, notification to the Alternate Contact Person identified on the front of this agreement shall be deemed notification to the Licensee for the purpose of this agreement. It is the sole responsibility of the Licensee to update in writing to the Licensor either their, or their alternate contact details immediately that they are amended or changed. The alternate contact can not be withdrawn unless an alternative contact with full details is supplied to the Licensors sole satisfaction.
• 16.General
• (a) If any provision of this agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
• (b) The terms of this agreement shall be governed by the laws of New Zealand and are subject to the jurisdiction of the New Zealand Courts.
• (c) The Licensor shall be under no liability whatever to the Licensee for any indirect loss and/or expense (including loss of profit) suffered by the Licensee arising out of a breach by the Licensor of this agreement.
• (d) In the event of any breach of this agreement by the Licensor the remedies of the Licensee shall be limited to damages which under no circumstances shall exceed the Fees payable under this agreement.
• (e) The Licensee shall not be entitled to set off against or deduct from the fees any sums owed or claimed to be owed to the Licensee by the Licensor.
• (f) The Licensor reserves the right to review this agreement at any time. If, following any such review, there is to be any change to this agreement, then that change will take effect seven (7) days from the date on which the Licensor notifies the Licensee of such change.
• (g) Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
• (h) The failure by the Licensor to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Licensor's right to subsequently enforce that provision.