This Agreement is entered into by the Licensor and the Licensee (hereinafter referred to as the “Parties” collectively); the Licensee must be of no less than eighteen(18) years
of age, whose name, address and information are recorded in Part 1 of this agreement. The Parties agree to the terms and conditions set forth below:
1. Definitions:
(a) “Access Hours”: period during which the Licensee is permitted by the Licensor to use the Storage Unit.
(b) “Commencement Date”: the first day of the Access Hours.
(c) “Deposit”: the amount of deposit specified by the Licensor in this Agreement.
(d) “Storage Fee/Licence Fee”: the amount of storage fee or license fee specified by the Licensor in this agreement. Storage fee or license fee are calculated on a monthly basis. Any storage periods less than 1 month is to be treated as 1 month unless the licensor stated otherwise in writing.
(e) “Due Date”: the first day of each calendar month within the term of this Agreement; if the Due Date falls on a Saturday, Sunday or public holiday, the preceding business day shall be deemed the Due Date.
(f) “Goods”: any and all items delivered to and stored inside the Storage Unit by the Licensee.
(g) “Hong Kong”: Hong Kong Special Administrative Region of the People’s Republic of China.
(h) “License Fee”: total amount as prescribed in this Agreement.
(i) “Premises”: premises located at the address specified by the Licensor.
(j) “Prohibited Items”: as prescribed in Clause 10 of this Agreement.
(k) “Storage Unit”: a Storage Unit as specified by the Licensor, or other Storage Unit(s) the Licensor may specify in Clause 14 of this Agreement.
2. The Licensee:
(a) may store Goods in the Space allocated to the Licensee by the Licensor , and only in that Space;
(b) is deemed to have knowledge of the Goods in the Space;
(c) warrants that they are the owner of the Goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.
(d) is required to keep the Storage Unit locked at all times when not personally present the Storage Unit.
3. The Licensor:
(a) does not have and will not be deemed to have, knowledge of the Goods;
(b) is not a bailee nor a warehouseman of the Goods and the Licensee acknowledges that the licensor does not take possession of the Goods.
(c) is not responsible for locking up any unlocked Storage Unit.
4. COST
The Licensee must upon signing the Agreement pay to the licensor:
(a) the Deposit (refunded within 30 days of termination when applicable) and/or (b) the Administration Fee.
(c) the Storage Fee, being the amount indicated in this Agreement or the amount notified to the Licensee by the licensor from time to time. The Storage Fee is payable in advance and it is the Licensee 's responsibility to ensure that payment is made directly to the licensor on time, and in full, throughout the period of storage. Any Storage Fees paid by direct deposit/bank transfer will not be credited to Licensee’s account unless the Licensee identifies the deposit clearly and as directed by the licensor. The licensor is indemnified from any claim for the enforcement of the Agreement due to the Licensee’s failure to identify a deposit, including the sale of the Licensee’s Goods.
(d) the Cleaning Fee, as indicated on the front on this Agreement, is payable at the sole discretion of the licensor.
(e) a Late Payment Fee, as indicated on the front on this Agreement, which becomes payable each time a payment is late.
(f) any costs incurred by the licensor in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to; postal, telephone, debt collection, personnel and/or the default action costs, and legal fees and expenses.
(g) The Licensor may increase the License Fee at any time upon giving the Licensee written notice thereof; such increase shall take effect on the first Due Date occurring no less than two(2) weeks after the date of such notice.
(h) In the event that the Licensee terminates the contract before the expiration date of the contractual term, the Licensee is still required to pay the entirety of the agreed contractual sum, and the Licensor shall not refund any prepaid fees.
5. The Licensee will be fully responsible licensor payment of any government taxes or charges whatsoever related to the storage of Goods under this Agreement.
DEFAULT:
6. Notwithstanding clause 24, Licensee agrees that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date and the licensor has sent at least 2 notices of late payment to the Licensee, the licensor may, without further notice, enter the Space, by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the licensor may in its sole discretion determine. In such event Licensee agrees that possession of the Goods shall pass from Licensee to the licensor at the moment the licensor accesses the Space. The Licensee consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The Licensee will be fully responsible licensor payment of all costs associated with the licensor accessing the Licensee’s Space and the disposal or sale of the Licensee’s Goods.
RIGHT TO DISPOSE OF GOODS:
7. If, in the opinion of the licensor and at the sole discretion of the licensor, a defaulting Licensee’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the licensor may dispose of all Goods in the Licensee’s Space by any means at the expense and sole liability of the Licensee.
8. Upon Termination of the Agreement (Clause 24) by either the Licensee or the licensor, in the event that a Licensee fails to remove all Goods from their Space or the Facility, the Licensee authorises the licensor to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods.
9. Any items left unattended in common areas or outside the Licensee’s Space at any time may, at the licensor’s sole discretion be sold, disposed of, or moved immediately at the sole expense and liability of the Licensee.
ACCESS AND CONDITIONS:
10. The Licensee:
(a) has the right to access the Space during Access Hours as posted by the licensor and subject to the terms of this Agreement;
(b) will be solely responsible for the securing of the Space, and shall secure the Space at all times when the Licensee is not in the Space in a manner acceptable to the licensor, and where applicable, the Licensee will secure the external gates and/or doors of the Facility. The Licensee is not permitted to apply a padlock to their Space in the licensor’s overlocking position, and the licensor be entitled to have any such padlock forcefully cut off at the Licensee’s liability and expense;
(c) must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or may pose a risk to any person or other property;
To comply with the directions of any of the Licensor’s employees and/or agents, and the Regulations for use of the Premises which the Licensor may issue or revise from time to time. Not to keep, store, cause or permit or suffer to be kept or stored illegal, offensive or disruptive materials, or any of the following in the Storage Unit:
(d) Goods, the total value of which exceeds HK$5,000;
(e) Food (regardless of state or packaging), food ingredients, food products, beverages (including water), foodstuffs, food processing ingredients (including milk powder, rice, snacks, condiments, medicine, pet foods and animal feeds), fruits, tea leaves or perishable goods;
(f) Birds, fish, animals or any other living creatures (whether living or dead, including taxidermic animals and dried plants);
(g) Explosive, combustible or flammable materials or liquids such as paint, petrol, oil, gun powder, saltpetre, kerosene, oil or cleaning solvents (such as paint thinners, “wipes”, batteries and mobile phone batteries);
(h) Arms, weapons or ammunitions;
(i) Chemicals, radioactive materials, biological agents compressed gases;
(j) Toxic waste, asbestos or other materials of a dangerous nature;
(k) Items which emit any fumes, smells or odours or any noise to be audible or vibration to be felt (including mothballs);
(l) Illegal substances, drugs, items or goods;
(m) Substances, items or goods illegally obtained;
(n) Any other hazardous or dangerous materials the storage of which is subject to control by law;
(o) Cremated remains, urns or coffins (including those of/for animals);
(p) Strategic Commodities (as set out in the Import and Export Ordinance, Chapter 60G, Laws of Hong Kong, and the Dangerous Goods Ordinance, Chapter 295, Laws of Hong Kong)
(q) Motorcycles, automobiles or other tools or machinery containing oils;
(r) Irreplaceable items such as coins, jewellery, furs, deeds, paintings, antiques or works of art, or items with great personal value;
(s) Any other hazardous, illegal, stolen, flammable, explosive or perishable materials, or environmentally harmful substances, or any items that may pose possible risks to other persons or properties.
(t) The measurements of Stored Property within a Storage Unit must not exceed the limits of the dimensions of the Storage Unit.
(u) must not attach nails, screws etc. to any part of the Space and must maintain the Space by ensuring it is clean and in a state of good repair and must not damage or alter the Space whatsoever without the licensor’s consent; in the event of uncleanliness of or damage to the Space or Facility the licensor will be entitled to retain the Licensee’s deposit, charge a Cleaning Fee, and recover full reimbursement from the Licensee for the full value of any repairs required.
(v) To maintain the integrity of the Storage Unit (including the door and division(s)); the Licensee shall not cause deformation of any kind to the Storage Unit in the storage of Goods (such as overloading the Storage Unit resulting in deformation of its door or division(s)). In the event of any breach of the conditions herein, the Licensee shall compensate in full the costs necessary for the repair of the Storage Unit, and the Licensor reserves all rights to take legal action against the Licensee.
(w) Not to make any additions to the walls, ceilings, floors or doors of the Storage Unit, or make any alterations to the Storage Units. The Licensor shall not be responsible for the Licensee’s injuries or loss arises from such additions and alterations to the Storage unit.
(x) Not to do, cause, permit or suffer to be done in or about the Storage Unit and/or Premises anything that may be a nuisance, annoyance, or cause any damage or disturbance to the Licensor, or tenants, occupants or users of nearby units, or anything that may contravene any law or regulation of Hong Kong.
(y) Not to smoke, light fires, or eat within the Premises, or install any connection to the power supply, except the use of the fans and/or lighting.
(z) Not to cause any obstruction or undue hindrance in any passageway, stairway, service area or any other part of the Premises and the Licensee shall at all times exercise courtesy to others in using these areas..
(aa) Goods stored in the upper level of the Storage Unit must not exceed 100 pounds in weight; Goods stored in the lower level or in the entire Storage Unite must not exceed 200 pounds in weight.
(ab) Pets and other animals, and anyone under the age of twelve(12) may not enter the Premises of Storage; eating, smoking, and lighting of fires are prohibited within the Premises.
(ac) Not to do anything in the Premises or Storage Unit that may invalidate, or increase the premium of the insurance (if any) of the Licensor (or users of other units).
(ad) will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;
(ae) cannot assign this Agreement;
(af) must give Notice to the licensor in writing of the change of address, phone numbers or email address of the Licensee or the Alternate Contact Person (“ACP”) within 48 hours of any change;
(ag) grants the licensor entitlement to discuss any default by the Licensee with the “ACP” registered on the front of this Agreement.
(ah) In the event that the Licensee breaches any of the Licensee’s obligations, the Licensor may, without prior approval from or notice to the Licensee, take measures such as disposal of the Goods or forfeiture of the deposit payment and/or any prepaid rent.
11. The licensor may refuse access to any person, to the Space and/or the Facility in the event that monies are owed by the Licensee to the licensor, regardless of whether or not a formal demand for payment has been made.
12. The licensor will not be liable licensor any loss or damages suffered by the Licensee resulting from an inability to access the Facility or the Space, regardless of the cause.
13. Other storage unit
(a) The licensor reserves the right to relocate the Licensee to another Space under certain circumstances at the sole discretion of the licensor.
(b) The Licensor may at any time, by giving the Licensee seven (7) days’ notice in writing, require the removal of the Licensee’s Goods from the current Storage Unit to another Storage Unit specified by the Licensor; the alternative Storage Unit shall be of a similar size to the current Storage Unit.
(c) Removal of the Licensee’s Goods from the current Storage Unit to the alternative Storage Unit will be at the Licensee’s risk. If the Licensee does not arrange the removal of Goods to the alternative Storage Unit by the time specified in the removal notice, the Licensor may enter the current Storage Unit and arrange for the Goods to be removed. Any removal arranged by the Licensor will be at the risk of the Licensee, and the removal expenses shall be payable by the Licensee, the sum of which shall be added to the License Fee by the Licensor.
(d) In the event of the Licensee’s Goods being removed to an alternative Storage Unit, this Agreement shall be amended by substituting the alternative Storage Unit number in the place of the current Storage Unit number; notwithstanding the above, this Agreement shall otherwise continue in full force, and the License Fee will remain applicable to the alternative Storage Unit.
14. The Licensee hereby authorises the licensor to dispose of the Licensee’s Goods in the event that Goods are damaged due to fire, flood or other event that has rendered Goods, in the sole opinion of the licensor, severely damaged, of no commercial value, or dangerous to the Facility, any persons, or other Licensee s and/or their Goods. The licensor is not required to notify the Licensee of any such action in advance, but will send Notice to the Licensee within 7 days.
15. The Licensee:
(a) agrees that the terms of this document constitute the whole contract with the licensor and that, in entering this contract, the Licensee relies upon no representations, oral of otherwise, other than those contained in this Agreement.
(b) acknowledges that it has raised all queries relevant to its decision to enter this Agreement with the licensor and that the licensor has, prior to the Licensee entering into this Agreement, answered all such queries to the full satisfaction of the Licensee. The Licensee acknowledges that any matters resulting from such queries have, to the extent required by the Licensee and agreed to by the licensor, been reduced to writing and incorporated into the terms of this Agreement. No failure or delay by the licensor to exercise its rights under this Agreement will operate as a waiver to those rights.
16. RISK AND RESPONSIBILITY:
(a) The Goods are stored at the sole risk and responsibility of the Licensee who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, dust, spillage of material or debris from any other space, removal or delivery of the Goods, pest or vermin, any Force Majeure event or any other reason whatsoever.
(b) The Licensor shall not be liable for any loss or damage suffered by the Licensee as a direct or indirect result of the Licensor’s performance of this Agreement being prevented, hindered or delayed by reason of any act of God, riot, strike or lock-out, trade or labour dispute, accident, breakdown of plant or machinery, fire, flood, earthquake, shortage in manpower, materials or transport, power failures or other circumstances outside the Licensor’s control and which affect the provision of access to or use of the Premises and/or the Storage Unit by the Licensor.
17. The Licensee agrees to indemnify and keep indemnified the licensor from all claims for any loss of or damage to the property of, or personal injury to or death of the Licensee, the Facility, the licensor or third parties to the maximum extent permitted by law, resulting from or incidental to the use of the Space by the Licensee, including but not limited to the storage of Goods in the Space, the Goods themselves and/or accessing the Facility.
18. The Licensee acknowledges and agrees to comply with all relevant laws, including Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the 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 breach of such laws rests absolutely with the Licensee, and includes any and all costs resulting from such a breach.
19. If the licensor has reason to believe that the Licensee is not complying with all relevant laws the licensor may take any action the licensor in its sole discretion believes to be necessary, including but not limited to the action outlined in clauses 21 & 23, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of, or removing the Goods at the Licensee’s expense. The Licensee agrees that the licensor may take such action at any time even though the licensor could have acted earlier.
INSPECTION AND ENTRY BY THE licensor:
20. Subject to clause 21 the Licensee consents to inspection and entry of the Space by the licensor.
21. The Licensee agrees that in the event of an emergency, or where obliged to do so by law or in the event that property, the environment, or human life is, in the opinion of the licensor, threatened, the licensor may enter the Space using all necessary force without prior notice to the Licensee. In such event the licensor shall notify the Licensee as soon as practicable thereafter.
(a) If the Licensor believes that the Storage Unit contains prohibited items or is being used in breach of the provisions of this Agreement;
(b) If the Licensor is required to do so by the Police, Fire Services, the Customs and any government department or by a Court Order;
(c) If the Licensor believes it is necessary and in an emergency;
(d) Pursuant to Clauses 6, 13(b) of this Agreement;
(e) To prevent injury or damage to persons or property; or
(f) If the Licensor is of the opinion that any of the above apply and for the purpose of ascertaining the same.
NOTICE:
22. Notices will usually be given by email or SMS, or otherwise will be left at, or posted to, or faxed to the address of the Licensee. In relation to the giving of Notices by the Licensee to the Licensor, Notices must be in writing and actually be received to be valid, and the Licensor may specify a required method. In the event of not being able to contact the Licensee, Notice is deemed to have been given to the Licensee by the licensor if the licensor serves that Notice on the ACP as identified on the front of this Agreement, and/or has sent Notices to the last notified address or other contact including SMS or email of the Licensee or ACP. In the event that there is more than one Licensee, Notice to or by any single Licensee is agreed to be sufficient for the purposes of any Notice required under this Agreement.
23. TERMINATION:
(a) Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with the period indicated on the front of this Agreement. In the event of any illegal or environmentally harmful activities on the part of the Licensee the licensor may terminate the Agreement without Notice. The licensor is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Licensee. The Licensee must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of the licensor. In the event that Goods are left in the Space after the Termination Date, clause 7 will apply. The Licensee must pay any outstanding Storage Fees and any expenses on defaultor any other moneys owed to the licensor up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be made solely by the licensor. If the licensor enters the Space for any reason and there are no Goods stored therein, the licensor may terminate the Agreement without prior Notice, but the licensor will send Notice to the Licensee within 7 days.
(b) Prepaid storage fees, except deposit, are NON-REFUNDABLE.
(c) This Agreement continues on a month-to-month basis. Either party may at any time terminate this Agreement by giving not less than fourteen(14) days’ written notice to the other party, and any such termination to take effect on the date specified in such notice, without prejudice to any right which either party may have by reason of any antecedent breach by the other party of any provisions of this Agreement.
(d) The Licensee may not terminate this Agreement if any License Fee or other charges payable by the Licensee under this Agreement are outstanding or if the Licensee is otherwise in breach of this Agreement.
(e) The Licensor may terminate this Agreement by giving the Licensee notice in writing if the Licensee is in breach of this Agreement, notwithstanding any notice period, such termination shall take effect forthwith.
(f) Upon termination of this Agreement, the Licensee shall remove the Goods from the Storage Unit and shall leave the Storage Unit in a sanitary and tidy state, and in the same condition as it was on the Commencement Date.
(g) Upon termination of this Agreement, the Licensee shall remain liable to the Licensor in respect of any costs incurred by the Licensor in cleaning and reinstating the Storage Unit or disposing of any Goods or waste left therein.
24. No Tenancy
This Agreement shall not create a tenancy, nor confer upon the Licensee any tenancy rights, and shall not constitute between the Licensor and the Licensee the relation of landlord and tenant.
25. Rules and Regulations
The Licensor shall be at liberty to make rules and regulations for the use of the Storage Unit from time to time, and the Licensee shall observe and perform such rules and regulations as if they were provisions of this Agreement.
26. Insurance
The Licensee shall not insure the Goods whilst they are stored in the Storage Unit. Storage of Goods in the Storage Unit is at the sole risk of the Licensee, and the Licensee must insure for the full replacement value thereof.
27. Personal Information
The Licensee authorizes the personal data of the Licensee and related information of himself, herself, any related directors, employees, agents and officers, to be transferred to the Licensor and the Licensor’s employees, directors, consultants, agents and any other third party or Parties appointed by the Licensor for providing and maintaining the storage services, communication, processing of documentation, debt collection, promotional telecommunications and all related purposes.
28. General Provisions
(a) This Agreement sets out the entire agreement and understanding between the Parties hereto, and to other representation made or warranties given with respect to the Licensor, Licensee, the Storage Unit, or this Agreement; and if such representation or warranty has been made, given, or implied, the same is hereby waived.
(b) The Licensor reserves the right to refuse any goods without providing any reason.
(c) Where the Licensee consist of two or more persons, their obligations under this Agreement shall be joint and several.
(d) All goods accepted shall become subject to lien in respect of continued non-payment of the Licensee Fee and/or charges.
(e) Any delay by Licensor in exercising any of its rights under this Agreement shall not impair its rights, or be a waiver of those rights, nor shall any partial exercise of any right preclude a further exercise of that right.
29. The Parties’ liability licensor outstanding money, property damage, personal injury, environmental damage and legal responsibility under this Agreement shall survive termination of this Agreement.
30. Indemnity
The Licensee shall indemnify the Licensor and hold the Licensor harmless against all claims, demands, liabilities, damage, costs and expenses incurred by the Licensor or by any of its staff, agents or other unit users which arises out of the use of the Storage Unit or the Premises by the Licensee or any of the Licensee’s staff, agents or invitees, or arises out of the breach of this Agreement by the Licensee.
If upon termination of this Agreement the Licensee shall fail to remove all of the Goods from the Storage Unit(s) and to surrender the Storage Unit(s) in a sanitary and tidy state, and in the same condition as it was on the Commencement Date in accordance with Clause 23(f) hereof, the Licensee shall indemnify and keep the Licensor indemnified against any loss or damage suffered and all costs and expenses incurred by the Licensor as a result thereof.
SEVERANCE:
31. All provisions in this Agreement are severable and no provision herein shall be affected by the invalidity of any other such provision.
MEDIATION OF DISPUTES:
32. The parties must endeavour to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.
JURISDICTION:
33. This Agreement shall be governed by and construed in accordance with the laws of the Special Administration Region of Hong Kong (“Hong Kong”), and the parties submit to the exclusive jurisdiction of Hong Kong.
34. LANGUAGE
If there is any inconsistency or ambiguity between the English version and the Chinese version of this Agreement, the English version shall prevail.