Hardcase Container Hire Limited
Company No. 93631
Standard Terms & Conditions of Trade
These terms and conditions govern all present and future hire arrangements between us and the customer.
1. DEFINITIONS
1.1 “Hardcase Container Hire” or “Hardcase”, or “us” shall mean Hardcase Container Hire Limited, or any agents or employees thereof.
1.2 “Customer” or “Storer” or “you” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products, equipment and services from Hardcase Container Hire Ltd.
1.3 “Services” shall mean all services, goods, products, equipment and advice provided by Hardcase Container Hire Ltd to the Customer and shall include without limitation the hire, storage, carriage and sale of shipping containers and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Services by Hardcase Container Hire Ltd to the Customer.
1.4 “Equipment” shall mean the shipping containers (including refrigerated containers), trucks, crane and accessories (including, but not limited to, racking, shelving, desiccants).
1.5 “Carriage” shall mean all truck and crane delivery, carriage, collection or relocation services by Hardcase.
1.6 “Goods” shall mean items stored by you in a container supplied by Hardcase Container Hire Ltd.
1.7 “Container” shall mean the shipping containers (including refrigerated containers) hired, purchased or made available by Hardcase Container Hire to you.
1.8 “Price” or “fee” shall mean the cost of the Services as agreed between Hardcase Container Hire Ltd and the Customer and includes all disbursements e.g. charges Hardcase Container Hire Ltd pay to others on the Customer’s behalf subject to clause 5 of this contract.
2. ACCEPTANCE
2.1 If you wish to hire Equipment from us, we may ask you to approve or assent to a “Quote”, and/or “Client Acknowledgement Form” or other documents we present to you. The Quote and Client Acknowledgement Forms are not separate contracts but are part of, and must be read together with this Agreement. You enter into this Agreement by approving or assenting to a Quote or/and Client Acknowledgement Form. The payment of a Quote and a signed Client Acknowledgement Form is considered acceptance and assent. The Quote and Client Acknowledgement Form may include special conditions which apply in addition to these terms and conditions. We may decline to hire Equipment or services to you for any reason whatsoever at our sole discretion.
2.2 Any instructions received by Hardcase Container Hire Ltd from the Customer for the supply of Equipment and Services shall constitute a binding contract and acceptance of these terms and conditions contained herein.
2.3 Any Customer who accepts the quote and/or a client acknowledgement form on behalf of another individual agrees to personally guarantee and undertake to Hardcase Container Hire the payment of any and all other monies now or hereafter owed by the Customer to Hardcase Container Hire. Any personal guarantee made by any party shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and the Customer shall be jointly and severally liable under the terms and conditions of this contract.
2.4. If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Hardcase Container Hire agreeing to supply Equipment and/or Services and grant credit to the Customer, also sign this contract in their personal capacity and jointly and severally personally guarantee and undertake to Hardcase Container Hire the payment of any and all other monies now or hereafter owed by the Customer to Hardcase Carriers. Any personal guarantee made by any party shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and the Customer shall be jointly and severally liable under the terms and conditions of this contract.
2.5 Binding: This Agreement binds the parties and their successors by the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Hardcase Container Hire Ltd to collect, retain, use or disclose any information about the Customer to any person, for the purpose of assessing the Customer’s credit worthiness and enforcing any rights under this contract, and for the collection of due payments.
3.2 The Customer consents to Hardcase Container Hire using your personal information for the purposes of direct marketing.
3.3 Where the Customer is a natural person, he or she gives Hardcase the authority and consent under clauses 3.1 and 3.2 for the use of personal information for the purposes of the Privacy Act 1993.
3.4 Where the Customer is a Company, Trust or Partnership, the person authorising the hire Agreement also consents to the use of customer personal information for the purposes of the Privacy Act 1993.
4. OWNERSHIP
4.1 At all times Hardcase Container Hire owns the Equipment hired to the customer. The customer does not have any right, interest or claim in or over the Equipment except as expressly set out in this Agreement.
4.2 You do not have any express or implied right or entitlement to part with, sell, sublet, charge, encumber, grant any right, interest or lien (of any nature) in or over, the Equipment.
4.3 You must not alter the Equipment in any way or change or obscure the identification lettering and numbering on any Equipment. If you fail to remove any markings you have added to the Equipment upon return of the Equipment, we may do so at your cost.
4.4 At all times we own all intellectual property rights attributable to the Equipment or anything we do in connection with this Agreement including in any inventions, drawings, designs or other work.
5 PRICE
5.1 Where no price is stated in writing or agreed to orally, the Equipment and Services shall be deemed to be sold at the current amount as such Equipment and Services are sold by Hardcase Container Hire at the time of the contract.
5.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Services that is beyond the control of Hardcase Container Hire Ltd between the date of the contract and delivery of the Services.
5.3 Hardcase Container Hire may increase the fee any time after expiry of the initial fixed period. Hardcase Container Hire will give the Customer 30 days notice of any increase. If the Customer does not agree to pay the increased fee, the Customer may terminate this Agreement as at the date of the proposed increase.
5.4 We charge a periodic amount for hire and storage. If you hire for a period or part of the period, you must pay all charges for each period regardless of the number of days in such period you hired the Equipment.
6 PAYMENT
6.1 You agree to pay us the charges (including the fees specified) for each unit of Equipment hired or services (including Carriage) supplied. Charges are due and payable in accordance with the terms you have agreed with us.
6.2 The fee being the amount notified to the Customer by Hardcase Container Hire from time to time or by the Quote given. It is the Customer’s responsibility to see that payment is made directly to Hardcase Container Hire on time throughout the period of hire or storage. Initial payment is made in advance, followed by payments due by the 20th of each month following the date of the invoice (“the due date”) without deduction, set off or counterclaim.
6.3 If your service under this Agreement is not for a fixed term but is casual (one-off, i.e. truck and crane/carriage services) then full payment is due within 7 days of invoice.
6.4 Any fees paid by direct credit will not be credited to the Customer’s account unless the Customer identifies the payment clearly and as directed by Hardcase Container Hire. Hardcase Container Hire is indemnified from any claim for enforcement of this Agreement due to the Customer’s failure to identify a payment, including the sale of the Goods.
6.5 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month to compensate us for your overdue payment. Interest on any “Overdue Amount” will be calculated from and including the due date to and including the date that we receive payment of the Overdue Amount.
6.6 Any expenses, disbursements and legal costs incurred by Hardcase Container Hire Ltd in the enforcement of any rights contained in this contract shall be paid by the Customer in full, including any reasonable solicitor’s fees or debt collection agency fees, postal, telephone, personnel and/or the default action costs.
6.7 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6.8 The Customer is responsible to pay a cleaning fee as notified to the Customer.
7 DISPUTES
7.1 No claim relating to Equipment or Services will be considered unless made within seven (7) days of delivery.
7.2. In the event of any dispute or difference arising between the parties in respect of any matter concerning these Terms and Conditions, the parties shall in good faith in the first instance use their best endeavours to resolve the matter themselves.
7.3. In the event that the parties are not able to resolve the matter themselves, the parties may agree upon a formal mediation to be conducted by a mediator acceptable to both parties.
7.4. The Customer and Hardcase Container Hire shall bear the costs of the mediator equally.
7.5. In the event that:
7.5.1 the parties do not agree upon the appointment of a mediator within a reasonable period; or
7.5.2 the parties are unable to resolve the dispute by mediation, the dispute shall be referred to arbitration under and in accordance with the Arbitration Act 1996.
8 LIABILITY
8.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Hardcase Container Hire Ltd which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Hardcase Container Hire Ltd, Hardcase Container Hire Ltd’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
8.2 Except as otherwise provided by clause 8.1 Hardcase Container Hire Ltd shall not be liable for:
8.2.1 Stored Goods: to the extent permitted by law, Goods are stored at the sole risk and responsibility of the Customer who is responsible for any and all theft, damage to, and deterioration of the Goods, and bears the risk of any and all damage caused by but not limited to failure or malfunction of any refrigeration unit that is part of or leased in connection with the Equipment, condensation, humidity, transport, theft, fire, vandalism, vermin, insects including termites/white ants, heat, cold, dust, water flood or fire or leakage or overflow of water, mildew, spillage of material from any other space, removal or delivery of the Goods, or any other reason whatsoever. Any loss or damage of any kind whatsoever to the Goods are the responsibility of the Customer. Any loss or damage arising from the supply of services by Hardcase Container Hire Ltd to the Customer, including consequential loss incurred by the Customer or another person and whether in contract or tort (including negligence) are responsibility of the customer.
8.2.2 The Customer shall indemnify Hardcase Container Hire Ltd against all claims and loss of any kind whatsoever, however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Hardcase Container Hire Ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by Hardcase Container Hire Ltd its agents or employees in connection with the Services.
8.2.3 Irrespective of the contents of this clause, should any liability be deemed to have arisen from the supply of services by Hardcase Container Hire Ltd to the Customer then such liability is limited to $1,000.00.
9 CONSUMER GUARANTEES ACT
9.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Equipment or Services from Hardcase Container Hire Ltd for the purposes of a business in terms of section 2 and 43 of that Act.
10 DEFAULT, REMEDIES UPON DEFAULT
10.1 What is an event of default? You commit an event of default under this Agreement if:
10.1.1 you fail to pay any charges when due under the Quote or this Agreement and you do not remedy your failure within two (2) business days of the date that we notify you of your failure;
10.1.2 you fail to perform any other obligation under the Quote or this Agreement and you do not remedy your failure within five (5) business days of the date that we notify you of your failure; or
10.1.3 you cease doing business, have a liquidator, administrator, receiver and manager, controller or other like officer appointed over any or all of your assets, become insolvent, commit an act of bankruptcy or become the subject of any proceeding under any bankruptcy act, or its counterpart under the law of New Zealand or any territory outside of the jurisdiction of New Zealand.
10.2 If an event of default occurs, we may (but are not obliged to) immediately and without releasing you from any accrued obligations do one or more of the following:
10.2.1 terminate this Agreement;
10.2.2 declare the balance of the charges due and payable by you (discounted by our cost of borrowing), and we will refund any amounts we obtain from re-hiring the Equipment during the balance of the agreed hire period;
10.2.3 retake possession of the Equipment; and
10.2.4 remedy any default that you commit under the Quote or this Agreement (at your cost).
10.3 Right to terminate on 30 days’ notice: We are also entitled to terminate this Agreement at any time on giving 30 days’ written notice.
10.4 Your rights to use the Equipment cease. On termination of this Agreement you must immediately return the Equipment to us and pay us all charges owing under this Agreement, and any legal fees to recover possession of the Equipment. We will be entitled to treat any Equipment not returned at the end of an agreed hire period as stolen, and report the matter to the Police for action.
10.5 Right to recover Equipment. In an event of default you irrevocably authorise us at your cost to enter upon the property where the Equipment is located for the purpose of removal of any Equipment hired to you, and in doing so you irrevocably authorise us at your cost to take possession of any property in, on or attached to the Equipment. You grant us a particular and general lien over any property removed from the Equipment as security for any amounts owed by you pursuant to this Agreement and authorize us to sell such property and apply the sale proceeds towards any amounts owed by you pursuant to this Agreement or alternatively If, in our reasonable opinion, any property removed is not saleable, fails to sell when offered for sale, may pose a health risk to staff or the public if handled, or are not of sufficient value to warrant the expense of attempting to sell, we may dispose of such property by any means.
10.6 Replacement of non-returned Equipment. If you do not return any Equipment within 14 days of the termination of this Agreement, you must pay to us an amount equal to the replacement value as fairly specified by us and available on request.
10.7 Termination does not discharge your obligations. Termination of this Agreement will not relieve or discharge you from any obligations under this Agreement incurred prior to termination.
10.8 Your right to terminate. You may terminate this Agreement by written notice if:
10.8.1 we are in breach of this Agreement and the breach has not been remedied within five (5) business days of notice being received by us requiring the breach to be remedied; or
10.8.2 we are declared bankrupt or a liquidator, administrator, receiver and manager, controller or other like officer is appointed over any or all of our assets.
11 MISCELLANEOUS
11.1 Hardcase Container Hire Ltd shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
11.2 Failure by Hardcase Container Hire Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Hardcase Container Hire Ltd has under this contract.
11.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. That clause, term or provision will be severed or read down, but so as to maintain (as far as possible) all other terms of this Agreement.
11.4 Hardcase Container Hire is not liable for any indirect, economic, special or consequential loss or damage of any nature, including, without limitation, any loss of business or revenue, loss of profits, loss of opportunity, loss of goodwill, anticipated savings or expenses, in connection with or arising out of this Agreement or the supply of the Equipment or Carriage.
11.5 No Waiver of rights: No failure to exercise nor delay in exercising any right, power or remedy by us operate shall be considered a waiver.
11.6 Cumulative Rights: Our rights under this Agreement are in addition to, and do not exclude, any right at common law, equity or any other agreement between you and us.
11.7 This Agreement overrides and excludes any terms and conditions imposed by you.
11.8 You must not assign this Agreement or part with possession of the Equipment to any other party without our prior written consent which will not be unreasonably withheld or delayed.
11.9 The Customer agrees that the terms of this document constitute the whole contract with Hardcase Container Hire and that, in entering this contract, the Customer relies upon no representations, oral or otherwise, other than those contained in this Agreement.
12 HIRE OF CONTAINERS
12.1 Where containers are hired from Hardcase Container Hire Ltd:
12.1.1 The Customer shall not part with the possession of the containers and shall not sublet the container, as stated in clause 4 of this contract.
12.1.2 The Customer shall be liable for any damage to or loss of the containers hired however caused and in the event of any containers being damaged, graffitied, lost or stolen the Customer shall pay to Hardcase Container Hire Ltd the cost of making good the repair to the containers or the cost of replacing the containers whichever is the lesser.
12.1.3 To the extent permitted by law, you are responsible for any damage to, spoilage of or theft of any Goods stored in any Equipment, including, without limitation, damage caused by leaking of any Equipment, failure or malfunction of any refrigeration unit that is part of or leased in connection with the Equipment, condensation, humidity, transport, theft, fire, vandalism, vermin, insects, heat, cold, dust, water or loss caused by forces of nature.
12.1.4 The Customer shall on request by Hardcase Container Hire Ltd advise of the whereabouts of any hired containers and gives Hardcase Container Hire Ltd irrevocable licence to enter any premises within its control for the purposes of inspecting, repairing, testing or removing the hired containers and further if the Customer fails to pay any monies owing after the due date Hardcase Container Hire Ltd may enter any premises and take possession and remove the hired containers.
12.1.5 The Customer shall take proper care of and use the containers in a manner or to such an extent that a reasonable Customer would.
13 HIRE PERIOD, DELIVERY AND RETURN OF EQUIPMENT
13.1 A hire begins when you take possession of the Equipment and terminates when the Equipment is returned or on the date this Agreement is terminated. The Equipment will be considered returned to us only if, and on the day that, we actually receive it.
13.2 Risk in and responsibility for the Equipment passes to you when the Equipment is loaded onto any vehicle for transport at our premises, regardless of whether you collect the Equipment or we deliver it.
13.3 You must not move the Equipment from the location specified in the Quote without our prior written consent and must never move the Equipment out of New Zealand.
13.4 You must ensure the Equipment is empty and clean prior to return.
14 REPAIRS AND MAINTENANCE
14.1 From the beginning of the hire until the Equipment is returned to us you must at your cost maintain the Equipment in good repair and safe operating condition. You agree to:
14.1.1 return the Equipment in clean and good condition and free of labels and graffiti unless we applied those labels or the graffiti was written when we had possession of the Equipment; and
14.1.2 pay us on request, the reasonable costs necessary to remove and dispose of contents, clean, repair and make ready the Equipment for hire by our customers.
14.2 Upon return of the Equipment we will inspect and fairly assess if there is any damage to the Equipment and notify you in writing of the reasonable costs of any repair, removal and disposal or cleaning costs for the Equipment returned, which will be payable by you within 14 days.
14.3 Compliance with law. You must use and operate the Equipment safely, in compliance with all applicable laws, regulations, standards, Codes of Practice, Building Codes, local, provincial and federal requirements, and only for its intended use. We may inspect the Equipment at any time to check your compliance.
15 CARRIAGE SERVICES
15.1 Where we or our subcontractors provide Carriage services for you, it is agreed to the fullest extent legally permitted that pursuant to the Contract and Commercial Law Act 2017 (CCLA), this agreement will be a contract for carriage at limited carrier’s risk, we and our subcontractors are not liable for any amount in excess of the sum set out in section 259(2) of the CCLA and are not liable for any liability referred to in section 259(3)(b) or (c) of the CCLA.
15.2 As we and our subcontractors are not liable for any amount in excess of the sum set out in section 259(2) of the CCLA you will bear the loss for any amount in excess of this sum and are therefore recommended to arrange insurance for your goods.
15.3 You must not tender for carriage any dangerous, explosive, flammable, hazardous or damaging goods without presenting a full description of those goods.
15.4 We and our subcontractors are not liable for failure to deliver, delay in delivery of, or mis-delivery of the Equipment or its contents, however caused.
15.5 Refer for full relocation and trucking T&C’s refer to Truck, Crane and Relocation Terms and Conditions – Hardcase Container Hire
16 PERSONAL PROPERTY SECURITIES ACT 1999
16.1. The Customer acknowledges that:
16.1.1. these Terms and Conditions create a security interest (as defined in the Personal Property Securities Act 1999) in favour of Hardcase Container Hire in Equipment hired to the Customer by Hardcase Container Hire for a term of more than 1 year (within the meaning of the term “lease for a term of more than 1 year” as defined in the Personal Property Securities Act 1999);
16.1.2. the Customer undertakes to do such acts and provide such information as in the opinion of Hardcase Container Hire may be necessary or desirable to enable Hardcase Container Hire to perfect any security interest created or provided for by these Terms and Conditions, as a perfected security interest with first priority. The Customer shall act immediately when requested by Hardcase Container Hire; and
16.1.3. to the fullest extent permitted by law, the Customer waives any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to any security interest created or provided for by, or perfected in the manner contemplated by these Terms and Conditions.
16.2. In addition to the security interest referred to in clause 16.1.1, the Customer also grants a security interest in all present and after acquired Equipment as security for all moneys now and in the future owing by the Customer to Hardcase Container Hire.
STORAGE OF CONTAINERS
1. STORAGE:
1.1 The Storer:
1.1.1 may store the Goods in the container made available by Hardcase Container Hire and only in that Container;
1.1.2 is deemed to have knowledge of the Goods;
1.1.3 warrants that they are the owner of the Goods, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.
1.2 Hardcase Container Hire
1.2.1 does not have and will not be deemed to have, knowledge of the Goods;
1.2.2 is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that Hardcase Container Hire does not take possession of the Goods.
2. DEFAULT:
2.1 The Storer acknowledges that, in the event of the storage fee, or any other moneys owing under this Agreement, not being paid in full on the due date, Hardcase Container Hire may enter the Container, by force or otherwise, sell or dispose of any Goods on such terms that Hardcase Container Hire may determine (“Default Action”). The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value.
2.2 Hardcase Container Hire may also require payment of default action costs, including any costs associated with accessing the Container and disposal or sale of the Goods. Any excess funds will be returned to the Storer within 6 months of the sale of the Goods to the extent the Storer can be located. At least 2 business days before Hardcase Container Hire takes any Default Action it will provide the Storer with notice that the Storer is in default. (Business Day means any day which is not a Saturday, Sunday or public holiday in New Zealand)
3. RIGHT TO DUMP:
3.1 If, in the reasonable opinion of Hardcase Container Hire, a defaulting Storer’s Goods are not saleable, fail to sell when offered for sale, may pose a health risk to staff or the public if handled, or are not of sufficient value to warrant the expense of attempting to sell, Hardcase Container Hire may dispose of all Goods by any means.
3.2 Upon termination of this Agreement by either the Storer or Hardcase Container Hire, in the event that a Storer fails to remove all Goods from the Hardcase Container Hire facility, Hardcase Container Hire is authorised to dispose of all Goods and/or the Container by any means after 7 days from the termination date, regardless of the nature or value of the Goods. Hardcase Container Hire will give at least 7 days’ notice of intended disposal.
3.3 Any items left unattended in common areas or outside the Container at any time may at Hardcase Container Hire’s discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.
4. ACCESS AND CONDITIONS:
4.1. The Storer:
4.1.1 has the right to access the Hardcase Container Hire facility during access hours as posted by Hardcase Container Hire and subject to the terms of this Agreement;
4.1.2 will be solely responsible for the securing of the Container at all times when the Storer is not in the Container in a manner acceptable to Hardcase Container Hire;
4.1.3 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;
4.1.4 must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
4.1.5 must use the Container solely for the purpose of storage and must not carry on any business or other activity in the Container;
4.1.6 must not attach nails, screws etc to any part of the Container and must maintain the Container by ensuring it is clean and in a state of good repair and must not damage or alter the Container without Hardcase Container Hire’s consent; in the event of uncleanliness of or damage to the Container or Hardcase Container Hire facility, Hardcase Container Hire will be entitled to charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs and/or cleaning required;
4.1.7 cannot assign this Agreement.
4.2 Hardcase Container Hire may refuse access to the Container and/or the Hardcase Container Hire facility by the Storer where moneys are owing by the Storer to Hardcase Container Hire.
4.3 The Storer must immediately notify Hardcase Container Hire if they identify any actual or potential health and safety risk or hazard at the Hardcase Container Hire facility or any notifiable events (as defined in the Health and Safety at Work Act 2015) which occur at the Hardcase Container Hire facility. The Storer acknowledges that access to the Hardcase Container Hire facility is at the Storer’s risk, to the fullest extent legally permissible.
4.4 Hardcase Container Hire is not liable for any loss or damages suffered by the Storer resulting from an inability to access the Hardcase Container Hire facility or the Container.
4.5 Hardcase Container Hire reserves the right to relocate the Storer to another similar container or facility.
4.6 Hardcase Container Hire may dispose of the Goods in the event that the Goods are damaged due to fire, flood or other event that has rendered the Goods, in the reasonable opinion of Hardcase Container Hire, severely damaged, of no commercial value, or dangerous to the Hardcase Container Hire facility, any persons, or other storers and/or their goods. Where practicable, Hardcase Container Hire will provide the Storer with reasonable notice and an opportunity to review the Goods, before the Goods are disposed of.
5. RISK AND RESPONSIBILITY:
5.1 Where loss, damage or injury is caused by the Storer, the Storer’s actions or the Goods, the Storer agrees to indemnify and keep indemnified Hardcase Container Hire from all claims for any loss of or damage to the property of, or personal injury to or death of the Storer, the Hardcase Container Hire facility, Hardcase Container Hire or third parties, resulting from or incidental to the use of the Container by the Storer, including but not limited to the storage of the Goods in the Container, the Goods themselves and/or accessing the Hardcase Container Hire facility.
5.2. The Storer 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 Container. This includes laws relating to the material which is stored, and the manner in which it is stored.
5.3. If Hardcase Container Hire reasonably believes that the Storer is not complying with any relevant laws Hardcase Container Hire may take any action Hardcase Container Hire reasonably believes to be necessary, including contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense, including where in Hardcase Container Hire’s reasonable opinion the Storer is engaging in illegal activity in relation to the storage of the Goods.
6. INSPECTION AND ENTRY BY HARDCASE CONTAINER HIRE:
6.1. The Storer consents to inspection and entry of the Container by Hardcase Container Hire provided that Hardcase Container Hire gives at least 7 days written notice.
6.2 In the event of an emergency, that is where obliged to do so by law or in the event that property, the environment or human life is, in the reasonable opinion of Hardcase Container Hire, threatened, Hardcase Container Hire may enter the Container using all necessary force without the consent of the Storer. Hardcase Container Hire must thereafter notify the Storer as soon as practicable.
7. TERMINATION:
7.1 In the event of non-payment of storage costs on due date or illegal or environmentally harmful activities on the part of the Storer, Hardcase Container Hire may terminate this Agreement forthwith. Hardcase Container Hire is entitled to retain or charge apportioned storage fees if less than the requisite notice is given by the Storer. The Storer must remove all Goods before the close of business on the termination date and leave the Container in a clean condition and in a good state of repair to the satisfaction of Hardcase Container Hire. In the event that Goods are left in the Container after the termination date clause 3 will apply. The Storer must pay any outstanding storage fees and any expenses on default or any other moneys owed to Hardcase Container Hire up to the termination date, and clauses 2 and 3 may apply. Any calculation of the outstanding fees will be by Hardcase Container Hire.
7.2. 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.
8. STORER’S CONTAINER:
8.1 The Storer may supply their own container instead of using a Hardcase Container Hire container and in this situation, the term “Goods” will be deemed to include the Storer’s container so that the rights of Hardcase Container Hire in relation to the Goods will also extend to the Storer’s container.
