Common use of RISK AND RESPONSIBILITY Clause in Contracts

RISK AND RESPONSIBILITY. 6.1 If the Customer is using the Unit for the purpose of business storage, then the guarantees and remedies in the Trade Practices Act 1974 ("the TPA") are excluded. 6.2 If the TPA applies, the Customer acknowledges as per clause 1.2 that PELICAN STORAGE is only providing a licence to use self-storage space allocated by PELICAN STORAGE for the sole purpose of storing goods and that no other goods and services are provided by PELICAN STORAGE. In particular, no other undertakings or commitments are given or undertaken by PELICAN STORAGE whether in tort, contract or other legal principle. a. The goods are stored at the Customer’s sole risk and responsibility in all respects. The Customer must insure the goods for their full replacement value against all risk including without limitation theft, damage, deterioration, flood, fire, leakage, heat, seepage of any substance from another self-storage space, pests, or vermin. b. If the Customer fails to insure the goods in accordance with this clause, the Customer will keep PELICAN STORAGE indemnified against all claims for any loss or damage to the Customer’s goods and from all claims for loss, damage or injury that may result from the Customer’s use of the self storage space, or in the event of default, any act by PELICAN STORAGE in relation to the goods. c. The Customer acknowledges that PELICAN STORAGE is not responsible for any damage or loss caused by any act or omission of any other Customer or of PELICAN STORAGE. d. The Customer acknowledges that PELICAN STORAGE does not insure the goods nor accepts any risk or responsibility in respect of the goods. 6.4 The only person who can make deliveries and removals from the Unit is the Customer and persons allowed access as identified on the front page of this Agreement UNLESS the Customer gives instructions to PELICAN STORAGE. 6.5 Unless specifically covered by insurance in accordance with clause 6.3, the Customer should not store goods which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, works of art and items of personal sentimental value. 6.6 The Customer agrees to indemnify PELICAN STORAGE from all claims in contract, tort or otherwise, for any loss or damage to the property of, or personal injury to: a. third parties; and / or b. the true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by the Customer.

Appears in 2 contracts

Sources: Storage Agreement, Storage Agreement

RISK AND RESPONSIBILITY. 6.1 6. 1 If the Customer is using the Unit for the purpose of business storage, then the guarantees and remedies in the Trade Practices Consumer Guarantees Act 1974 1993 ("the TPACGA") are excluded. 6.2 6. 2 If the TPA CGA applies, the Customer acknowledges as per clause 1.2 that PELICAN STORAGE SSSS is only providing a licence to use self-storage space Customer’s Initials: allocated by PELICAN STORAGE SSSS for the sole purpose of storing goods and that no other goods and services are provided by PELICAN STORAGESSSS. In particular, no other undertakings or commitments are given or undertaken by PELICAN STORAGE SSSS whether in tort, contract or other legal principle. a. The goods are stored at the Customer’s sole risk and responsibility in all respects. The Customer must insure the goods for their full replacement value against all risk including without limitation theft, damage, deterioration, flood, fire, leakage, heat, seepage of any substance from another self-storage space, pests, or vermin. b. If the Customer fails to insure the goods in accordance with this clause, the Customer will keep PELICAN STORAGE SSSS indemnified against all claims for any loss or damage to the Customer’s goods and from all claims for loss, damage or injury that may result from the Customer’s use of the self self- storage space, or in the event of default, any act by PELICAN STORAGE SSSS in relation to the goods. c. The Customer acknowledges that PELICAN STORAGE SSSS is not responsible for any damage or loss caused by any act or omission of any other Customer or of PELICAN STORAGESSSS. d. The Customer acknowledges that PELICAN STORAGE SSSS does not insure the goods nor accepts any risk or responsibility in respect of the goods. 6.4 6. 4 The only person who can make deliveries and removals from the Unit is the Customer and persons allowed access as identified on the front page of this Agreement UNLESS the Customer gives instructions to PELICAN STORAGESSSS. 6.5 6. 5 Unless specifically covered by insurance in accordance with clause 6.3, the Customer should not store goods which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, works of art and items of personal sentimental value. 6.6 6. 6 The Customer agrees to indemnify PELICAN STORAGE SSSS from all claims in contract, tort or otherwise, for any loss or damage to the property of, or personal injury to: : a. third parties; and / or or b. the true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by the Customer.

Appears in 1 contract

Sources: Licence Agreement

RISK AND RESPONSIBILITY. 6.1 6. 1 If the Customer is using the Unit for the purpose of business storage, then the guarantees and remedies in the Trade Practices Act 1974 Consumer ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ("the TPACGA") are excluded.. Customer Initials: 6.2 6. 2 If the TPA CGA applies, the Customer acknowledges as per clause 1.2 that PELICAN STORAGE SSSS is only providing a licence to use self-storage space allocated by PELICAN STORAGE SSSS for the sole purpose of storing goods and that no other goods and services are provided by PELICAN STORAGESSSS. In particular, no other undertakings or commitments are given or undertaken by PELICAN STORAGE SSSS whether in tort, contract or other legal principle. a. The goods are stored at the Customer’s sole risk and responsibility in all respects. The Customer must insure the goods for their full replacement value against all risk including without limitation theft, damage, deterioration, flood, fire, leakage, heat, seepage of any substance from another self-storage space, pests, or vermin. b. If the Customer fails to insure the goods in accordance with this clause, the Customer will keep PELICAN STORAGE SSSS indemnified against all claims for any loss or damage to the Customer’s goods and from all claims for loss, damage or injury that may result from the Customer’s use of the self self- storage space, or in the event of default, any act by PELICAN STORAGE SSSS in relation to the goods. c. The Customer acknowledges that PELICAN STORAGE SSSS is not responsible for any damage or loss caused by any act or omission of any other Customer or of PELICAN STORAGESSSS. d. The Customer acknowledges that PELICAN STORAGE SSSS does not insure the goods nor accepts any risk or responsibility in respect of the goods. 6.4 6. 4 The only person who can make deliveries and removals from the Unit is the Customer and persons allowed access as identified on the front page of this Agreement UNLESS the Customer gives instructions to PELICAN STORAGESSSS. 6.5 6. 5 Unless specifically covered by insurance in accordance with clause 6.3, the Customer should not store goods which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, works of art and items of personal sentimental value. 6.6 6. 6 The Customer agrees to indemnify PELICAN STORAGE SSSS from all claims in contract, tort or otherwise, for any loss or damage to the property of, or personal injury to: : a. third parties; and / or or b. the true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by the Customer.

Appears in 1 contract

Sources: Licence Agreement

RISK AND RESPONSIBILITY. 6.1 6. 1 If the Customer is using the Unit for the purpose of business storage, then the guarantees and remedies in the Trade Practices Act 1974 Consumer ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ("the TPACGA") are excluded. 6.2 6. 2 If the TPA CGA applies, the Customer acknowledges as per clause 1.2 that PELICAN STORAGE SSSS is only providing a licence to use self-storage space Customer’s Initials: allocated by PELICAN STORAGE SSSS for the sole purpose of storing goods and that no other goods and services are provided by PELICAN STORAGESSSS. In particular, no other undertakings or commitments are given or undertaken by PELICAN STORAGE SSSS whether in tort, contract or other legal principle. a. The goods are stored at the Customer’s sole risk and responsibility in all respects. The Customer must insure the goods for their full replacement value against all risk including without limitation theft, damage, deterioration, flood, fire, leakage, heat, seepage of any substance from another self-storage space, pests, or vermin. b. If the Customer fails to insure the goods in accordance with this clause, the Customer will keep PELICAN STORAGE SSSS indemnified against all claims for any loss or damage to the Customer’s goods and from all claims for loss, damage or injury that may result from the Customer’s use of the self self- storage space, or in the event of default, any act by PELICAN STORAGE SSSS in relation to the goods. c. The Customer acknowledges that PELICAN STORAGE SSSS is not responsible for any damage or loss caused by any act or omission of any other Customer or of PELICAN STORAGESSSS. d. The Customer acknowledges that PELICAN STORAGE SSSS does not insure the goods nor accepts any risk or responsibility in respect of the goods. 6.4 6. 4 The only person who can make deliveries and removals from the Unit is the Customer and persons allowed access as identified on the front page of this Agreement UNLESS the Customer gives instructions to PELICAN STORAGESSSS. 6.5 6. 5 Unless specifically covered by insurance in accordance with clause 6.3, the Customer should not store goods which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, works of art and items of personal sentimental value. 6.6 6. 6 The Customer agrees to indemnify PELICAN STORAGE SSSS from all claims in contract, tort or otherwise, for any loss or damage to the property of, or personal injury to: : a. third parties; and / or or b. the true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by the Customer.

Appears in 1 contract

Sources: Licence Agreement