TERMS AND CONDITIONS

Tub-it Storage Solutions

MAIN POINTS

All payments are to be made in advance by you (the Client)
Goods are stored at your sole risk. Insurance is available.
Tub-it is not liable for the loss of any goods stored on its premises.
You must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
30 days’ notice must be given for termination of this agreement.
The Client must notify Tub-it of all changes of address and contact numbers.
If you fail to comply with the conditions of the agreement the Tub-it will have certain rights which include forfeiture of your deposit and the right to seize and sell and/or dispose of your goods.
Tub-it has the right to refuse delivery if all fees are not paid promptly.
Client is responsible to pay for Late Payment Fee,

CLIENT:

1. The client:

Has the right to store Goods in the Tub allocated to the Client by Tub-it;
Is deemed to have knowledge of the Goods in the tub
Warrants that they are the owner of the Goods in the tub, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

2 Tub-it:

Does not have and will not be deemed to have, knowledge of the Goods in the Tub;

COST:

3. The Client must upon signing the Agreement pay to the Tub-it:

The Deposit (which will be refunded by cheque within 30 days of termination of this Agreement), and/or
The Administration Fee/if Client wants to retain the tub.

4 The Client is responsible to pay:

The Storage fee being the amount indicated in this Agreement or the amount notified to the Client in writing by Tub-it from time to time. The Storage Fee is payable in advance and it is the Clients responsibility to see that payment is made directly to Tub-it, on time, in full, throughout the period of storage.
A late payment fee, as indicated on the front of this Agreement, which becomes payable each time a payment is late.

DEFAULT:

5. The Client acknowledges that, in the event of the Storage fee, or any other monies owing under this Agreement, not being paid in full within 60 days of the due date, Tub-it, may, without further notice, open the tub by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the tub on such terms that Tub-it may determine. Tub-it may also require payment of default action costs, including any costs associated with accessing the tub and disposal or sale of the Client’s Goods. Any excess monies recovered by Tub-it on disposal will be returned to the Client.

RISK AND RESPONSIBILITY:

6. The Client agrees to indemnify and keep indemnified Tub-it 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 tub by the Client, including the storage of Goods in the tub.

7. The Client 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 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 breaches of such laws rests absolutely with the Client, and includes any and all costs resulting from such a breach.

8. If Tub-it has reason to believe that the Client is not complying will all relevant laws Tub-it may take any action Tub-it believes to be necessary, including action outlined in Clauses 10 , contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Clients expense. The Client agrees that Tub-it may take such action at any time even though Tub-it could have acted earlier.

INSPECTION AND ENTRY BY TUB-IT:

10. In the event of an emergency, that is where property, the environment or human life is, in the opinion of Tub-it, threatened, Tub-it may open the tub using all necessary force without the written consent of the Client, but Tub-it shall notify the Client as soon as is practicable. The Client consents to such entry.

NOTICE:

11. Notices will usually be given in writing and left at, or posted to, or faxed to the address of the Client or the Owner. In relation to the giving of Notices to Tub-it, Notices must actually be received to be valid. In the event of not being able to contact the Client, Notice is deemed to have been given to the Client by Tub-it if the Owner serves that Notice on the Alternate Contact Person as identified on the front of this Agreement, or has sent Notices to the last notified address of the Client or Alternate Contact Person. In the event that there is more than one Client, Notice to or by any single Client is agreed to be sufficient for the purposes of any Notice requirement under this agreement.

TERMINATION:

12. Once the initial fixed period for storage has ended, either party may terminate this agreement by giving the other party Notice as indicated on the front of this Agreement. In the event of illegal or environmentally harmful activities on the part of the Client Tub-it may terminate the Agreement without Notice. Tub-it is entitled to retain a portion of the deposit if less that the requisite Notice is given by the Client. Upon termination the Client must remove all Goods in the tub and return the tub in a clean condition and in a good state of repair to the satisfaction of Tub-it on the date specified. The Client must pay any outstanding monies and any expenses on default or other monies owed to Tub-it up to the date of termination, or Clause 4 may apply. Any calculation of the outstanding fees will be by Tub-it and such calculation will be final.

13. The Parties’ liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

TRADE PRACTICES ACT:

14. The Client:

Agrees that the terms of this document constitute the whole contract with Tub-it and that, in entering this Contract, the Client relies upon no representations other than those contained in this Agreement.
Acknowledges that it has raised all queries relevant to its decision to enter this Agreement with Tub-it and that Tub-it has, prior to the Client entering into this Agreement, answered all such queries to the satisfaction of the Client. The Client acknowledges that any matters resulting from such queries have, to the extent required by the Client and agreed to by Tub-it, been reduced to writing and incorporated into the terms of this Agreement.
The payment of the cost of further supply of storage equivalent to that undertaken by the Owner under the terms and conditions of this Agreement.
The Client specifically acknowledges that it is aware of the limitation of liability set out in Clause 14(a) above and that, in all the circumstances, and taking into account such negotiations between the parties ad their relationship, such limitation on Tub-it liability is a reasonable one.