Located near the airport at 32 Airport Drive at the Northern entrance to New Plymouth and the suburb of Bell Block. There's easy access via a large entranceway.
Access to the storage area is via personal pin code. All access times are logged adding an extra level of security. There are multiple security cameras and good lighting.
Solar powered lights are installed on-site. We've planted native trees and plans are also in place to capture rain water to remain off the town water supply.
Valkyrie Storage Solutions Limited (“Valkyrie Storage”) values the privacy of its customers and other people whose Personal Information we hold. The purpose of this document is to help you understand what you can expect from Valkyrie Solutions when we hold your Personal Information.
This policy applies to Personal Information collected by Valkyrie Storage and our obligations under the Privacy Act.
“Personal Information” means information about an identifiable individual (being a natural person, not a corporate body), as defined in the Privacy Act.
“Privacy Act” means the Privacy Act 2020.
“Privacy Breach” means unauthorised or accidental access to, or disclosure, alteration, loss, or destruction of, Personal Information, or an action that prevents Valkyrie Storage from accessing the information either temporarily or permanently.
These principles are subject to requirements in other Acts of Parliament which may override the principles, in which case we are not bound by them. There may be some other circumstances where strict adherence to the principles is not reasonably possible. Valkyrie Storage will endeavour to adhere to the principles so far as is reasonably possible.
Valkyrie Storage will notify the Privacy Commissioner as soon as practicable after becoming aware that a notifiable Privacy Breach has occurred and will comply with the notification requirements in section 117 of the Privacy Act.
Valkyrie Storage will notify affected individuals as soon as practicable after becoming aware that a notifiable Privacy Breach has occurred.
We have a privacy officer who is responsible for:
For requests or complaints please contact the privacy officer:
Brent Dodunski – [email protected]
REVIEW OF POLICY
Policy Date: June 2021
Review Date: June 2022
VALKYRIE STORAGE SOLUTIONS LIMITED
1. AGREEMENT
1.1 Once the Operator gives notice to the Customer of acceptance of the Storage Application, these Terms and Conditions along with the Storage Application which has been completed by the Customer shall constitute a legally binding agreement between the Operator and the Customer (“Agreement”).
1.2 The Operator may revise these Terms and Conditions from time to time. Changes to these Terms and Conditions will be notified to the Customer by email to the email address last provided by the Customer or by publishing the revised Terms and Conditions on the Operator’s website. The revised Terms and Conditions will replace and supercede the existing Terms and Conditions 20 days following such notification.
2. SELF STORAGE
2.1 In consideration of the payments of the Monthly Storage Fees to be made by the Customer under this Agreement, the Operator will provide the Customer with use of the Space for the purpose of storing goods in the Space in accordance with this Agreement.
3. PAYMENTS
3.1 The Customer must pay the Operator the Monthly Storage Fee monthly and in advance by direct debit commencing on the date this Agreement is entered into unless an alternative payment method has been approved by the Operator in advance.
3.2 If any amount of the Monthly Storage Fee is unpaid four days after the due date, the unpaid amount will be subject to interest of 12% per annum, accruing daily.
3.3 The Monthly Storage Fee may be varied at the Operator’s discretion on 30 days’ written notice to the Customer. If the Customer disagrees with the new Monthly Storage Fee they may cancel the Agreement in accordance with clause 7.
3.4 The Customer is also liable for and must pay the Operator’s reasonable costs incurred as a result of:
(a) any action taken by the Operator to obtain payment from the Customer of any monies due to the Operator;
(b) any failed credit card or direct debt fee incurred by the Operator in respect of a failed payment by the Customer;
(c) any security call-out caused by the Customer accessing the Space or the Facility;
(d) any cleaning costs or vermin or pest control costs arising from any act or omission of the Customer or any breach of this Agreement by the Customer; and
(e) any government taxes or charges levied on the Agreement or supplies under it (including GST).
3.5 All payments under the Agreement must be made by the Customer when they fall due and without set-off or deduction.
3.6 In making any payment due under the Agreement by electronic funds transfer, the Customer must clearly reference the Customer’s details stated in the Agreement. The Customer agrees to follow any directions of the Operator in this regard.
4. CUSTOMER’S ACCESS TO AND USE OF THE SPACE
4.1 The Customer may only access the Space and the Facility during the access hours for the Facility publicised on the Operator’s website and must use the access code provided by the Operator for the purposes of access to the Facility.
4.2 The Customer warrants that they will at all times have knowledge of the goods the Customer brings or permits to be brought into the Space or the Facility (the “Goods”) and accepts that they will be deemed to have that knowledge.
4.3 The Customer will only access the Space and Facility themselves and will not allow others to store goods in the Space or the Facility or allow any other person to use their access code for the Facility or the Space.
4.4 The Customer warrants that they are the owner of the Goods and/or entitled to deal with the Goods and acknowledges that:
(a) notwithstanding any information as to the Goods that may be disclosed to the Operator by the Customer or ascertained by the Operator, the Operator (including its officers, employees and agents)
i. does not, and will be deemed not to have, any knowledge of the Goods;
ii. is not a common carrier, bailee, trustee, warehouseman or storer of the Goods;
iii. does not take possession of, or any responsibility for, the Goods except as provided in clauses 8.3, 9, or 10;
(b) the Customer must secure the Space and Facility in accordance with any directions of the Operator and must not apply a padlock in the Operator’s overlocking position to the Space and acknowledges that the Operator may have any padlock so positioned cut at the Customer’s expense;
(c) the Customer is solely responsible for locking the Space and must properly lock the Space at all times when the Customer is not in the Space;
(d) the Customer must not store in the Space, or have delivered to the Facility, any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;
(e) the Customer must use the Space solely for the purpose of storage of goods and not for any other activity;
(f) the Customer must not attach nails, screws or any fittings or fixtures to any part of the Space or otherwise alter the Space without the Operator’s consent;
(g) the Customer must maintain the Space in a clean and good state of repair;
(h) nothing in the Agreement creates or provides the Customer with any possessory interest in the Space and the Agreement is not a lease;
(i) the Operator may in its absolute discretion and at any time substitute the Space for another space within the Facility of similar dimensions and if it does so then the Customer must relocate any Goods to another storage space within the Facility (of similar dimensions to the Space) as directed by the Operator; and
(j) that the Customer cannot assign the Agreement or permit any other person to store goods in the Space.
5. RISK, RESPONSIBILITY, AND INSURANCE
5.1 The Customer acknowledges that under the Agreement:
(a) the Goods are the sole responsibility and stored at the sole risk of the Customer, including in relation to the risk of physical loss of the Goods and/or damage to, destruction or deterioration of the Goods for any reason and by any cause, including (but not limited to) by fire, lightning, flood, storm, earthquake, leakage or overflow of water, rust, corrosion, mildew, heat, spillage of material from any other part of the Facility, removal or delivery of the Goods, pests or vermin, burglary or theft
by forcible entry into the Space, or any defect in or failure of the Space or any lock or other security system installed in the Facility;
(b) the Customer is responsible (and will pay) for any loss, damage or injury to the Operator or the Facility, third parties (including other customers of the Facility), and/or the true owner of the Goods, caused by the Customer or resulting from, or incidental to, the Customer or their agents using the Space and the Facility (including by accessing the Facility and storage of the Goods in the Space) and/or the Goods themselves; and
(c) the Customer is responsible (and will pay) for any loss or damage caused by a third party (including the Alternate Contact Person) who enters the Space or the Facility at the request or direction of the Customer or who otherwise accesses the Facility using the Customer’s access card/code (unless the access by access code occurs after the Customer has notified the Operator in writing of the loss or theft of the access code).
5.2 In addition to clause 5.1, the Customer agrees that they have no claim against the Operator, and indemnifies the Operator from and against all claims the Customer or a third party may at any time have, for any loss or destruction of or damage to property (including the Goods) resulting from or incidental to any of the reasons or causes referred to in clause 5.1 above.
5.3 Without limitation to clauses 5.1 or 5.2, the Customer acknowledges that it is the sole responsibility of the Customer to arrange any insurance in respect of the Goods if they wish and the Customer is solely responsible for providing any information required by any insurer.
6. ENTRY AND INSPECTION OF THE SPACE BY THE OPERATOR
6.1 The Customer consents to entry, inspection, and/or surveillance by any means (including obtaining CCTV or other footage) of the Space by the Operator immediately and without notice if in the Operator’s opinion the entry of the Space is required:
(a) due to an emergency or any threat to property, the environment or human life/wellbeing;
(b) to comply with any Laws; or
(c) to comply with any requests by any relevant authority.
6.2 The Operator shall notify the Customer as soon as practicable following entry of the Space under clause 6.1 other than entry on the basis that the Operator reasonably suspects a breach of any Laws.
7. TERMINATION OF AGREEMENT BY NOTICE
7.1 Either party may terminate the Agreement by giving the other party at least 14 days’ written notice.
7.2 If the Agreement is terminated by notice the Customer must:
(a) pay all amounts due under the Agreement up to the date of termination;
(b) leave the Space in a clean condition and in a good state of repair to the satisfaction of the Operator; and
(c) remove from the Space and the Facility all of the Goods before the close of business on the date of termination.
7.3 If the Customer fails to remove all of the Goods from the Space and the Facility before the close of business on the date of termination, the Customer will be liable to pay the Monthly Storage Fee until all of the Goods have been removed and the Space has been left in a clean conditions and good state of repair.
7.4 If after 7 days from the date of termination under this clause any Goods remain within the Space or the Facility, then those Goods will be deemed abandoned by the Customer and may be seized by the Operator and sold or disposed of in accordance with clauses 8.3, 9, or 10.
8. CUSTOMER DEFAULT
8.1 If:
(a) any amount of any Monthly Storage Fees due under the Agreement are in arrears and unpaid for a period of 30 days; or
(b) there is any substantial breach of the Agreement by the Customer, including (but not limited to) any illegal or environmentally harmful activities;
then the Operator may, without prior notice, terminate the Agreement with immediate effect, including by entering the Space by force or otherwise.
8.2 If the Operator terminates the Agreement in accordance with clause 8.1, the Operator will give notice to the Customer as soon as reasonably possible after termination that the Agreement has been terminated and the time at which the termination took place.
8.3 If the Agreement is terminated for default under clause 8.1, then the Operator may:
(a) take possession of any Goods within the Space or elsewhere within the Facility and may, at its discretion and regardless of the nature of the Goods, do any one or more of the following:
i. sell the Goods in one or more lots by private arrangement or public auction;
ii. where the Goods in the opinion of the Operator pose a health and safety risk, dispose of the Goods in any manner that the Operator sees fit, whether for value or not; and/or
iii. if in the opinion of the Operator there is a health and safety risk in taking an inventory of the Goods, dispose of some or all of the Goods without taking an inventory and any costs of disposal incurred by the Operator will be immediately payable by the Customer.
8.4 The Customer acknowledges that any Goods stored within in the Space or elsewhere in the Facility are subject to a general lien for all Monthly Storage Fees and any other amounts owing to the Operator by the Customer. If any money is recovered from the sale or disposal of any Goods by the Operator under clause 8.3, that money shall be used as follows:
(a) first, to pay the costs of and associated with the sale or disposal of the Goods;
(b) second, (subject to any rights under the Personal Property Securities Act 1999) to pay all amounts due to the Operator under the Agreement including any outstanding Monthly Storage Fees and other fees, costs or disbursements including any costs incurred by the Operator in connection with re-entering the Space and selling or disposing of the Goods; and
(c) third, any excess will be paid by the Operator to the Customer.
9. OPERATOR DISPOSAL OF GOODS
9.1 In addition to any other rights of disposal under the Agreement, the Operator may dispose of the Goods:
(a) if at any time the Operator reasonably believes that the handling of the Goods or taking an inventory of the Goods will present a health and safety risk to its personnel;
(b) if they fail to sell when offered for sale or if the Operator is of the opinion the Goods are not saleable, or of insufficient value to warrant the expense of a sale;
(c) if left unattended in the Facility outside the Space; or
(d) if the Goods are damaged due to fire, flood or other event that in the Operator’s opinion has rendered the Goods severely damaged, of no commercial value or dangerous to any people (including the Operator’s personnel and other customers) and property (including the Facility and any property stored by other customers within the Facility).
10. NOTICES, CONTACT DETAILS AND PRIVACY
10.1 Notices from the Operator to the Customer under the Agreement may and will usually be provided by email or text message, but may otherwise be delivered or posted to the last notified address or number of the Customer.
10.2 Any notice to the Customer will be deemed to have been received by the Customer once sent by the Operator in accordance with clause 10.1 above
10.3 The Customer must promptly notify the Operator by email of any change to the contact details (address, phone numbers and email address) of the Customer or the Alternative Contact Person.
10.4 The Customer authorises the Operator to discuss any default by the Customer under the Agreement with the Alternative Contact Person and, if the Operator reasonably believes that the Customer will be unwilling or unable to remove any Goods from the Space in the event of termination of the Agreement, it may, in its absolute discretion, and without having to obtain any prior consent from the Customer, allow the Alternative Contact Person to remove any Goods on such terms as agreed between the Operator and the Alternative Contact Person. The Customer indemnifies the Operator from any claim in respect of Goods removed by the Alternative Contact Person pursuant to this clause.
10.5 The Customer acknowledges that the Operator may collect and use and disclose personal information about the Customer in accordance with the Privacy Policy and warrants that the Customer has:
(a) the right to disclose information to the Operator in relation to the Alternative Contact Person (including personal information) and that the Operator may use that information as it would personal information about the Customer; and
(b) has informed the Alternate Contact Person that the Customer has disclosed their information to the Operator and the Operator may use it in accordance with clause 10.5(a) and the Privacy Policy.
11. LIMITATION ON OPERATOR’S LIABILITY
11.1 To the fullest extent permitted by law:
(a) all warranties, conditions or other terms implied by law in respect of the Operator are excluded;
(b) the Customer agrees not to make, and waives any right to make, any claim against the Operator under section 9, 12A and 13 of the Fair Trading Act 1986 and the Customer agrees that this is fair and reasonable; and
(c) the Customer acknowledges that if this Agreement is entered into for a business purpose, the provisions of the Consumer Guarantees Act 1993 shall not apply.
11.2 The Customer agrees that the Operator shall not be liable to the Customer under the Agreement for loss of business opportunity, loss of profit, loss of goodwill, or loss of contracts, or damages payable by the Customer in respect of the Agreement or the Goods, even if such losses are foreseeable, and even if the Operator is advised of the likelihood of such loss or damage occurring.
12. GENERAL
12.1 No failure or delay by the Operator in the exercise of its rights under the Agreement will operate as a waiver of those rights.
12.2 The Agreement constitutes the entire agreement between the parties in respect of the Customer’s use of the Space and the Facility and the Agreement supercedes all previous agreements, undertakings, communications and representations, whether written or oral, relating to the subject matter of the Agreement.
12.3 If any clause, term or provision of the Agreement is legally unenforceable, inapplicable or in its application would breach any law, that clause, term or provision will be severed or read down so as to maintain all other terms of the Agreement.
12.4 The Customer’s liability for any outstanding monies, property damage, environmental damage and legal responsibility under the Agreement survives the termination of the Agreement. Clauses 3, 4.2, 4.4, 5, 7, 8.3, 8.4, 9, 10, 11, and 12 survive termination of the Agreement.
13. DEFINITIONS
13.1 In these Terms and Conditions:
(a) ‘Agreement Particulars’ means the details of the Customer’s and Alternate Contract Person’s name, address and contact details (email address and phone numbers), the Space, the Monthly Storage Fee and (if Storage Insurance is purchased by the Customer) the Monthly Storage Insurance Premium and Customer’s Nominated Level of Cover.
(b) ‘Authority’ means any government, administrative, judicial body, department, commission, authority, statutory authority, tribunal or agency and includes any person authorised to carry out any functions of such a body.
(c) ‘Consumer Guarantee’ means the consumer guarantees contained in the Consumer Guarantees Act 1993.
(d) ‘Confirmation’ means the details issued by the Operator on the date of the Agreement recording the Agreement Particulars as at the date of the Agreement or subsequently remove issued by the Operator recording any variation to the Agreement Particulars.
(e) ‘Facility’ means the Operator’s storage facility in which the Space is located, whether at 32 Airport Drive, New Plymouth or any other site operated by the Operator as a storage facility.
(f) ‘Law/s’ includes all legislation, codes of practice, standards, guidelines of and applicable to the jurisdiction in which the Facility is located.
(g) ‘Monthly Storage Fee’ means the amount of the monthly payment for use of the Space stated in the Storage Application, as may be subsequently varied from time to time in accordance with the Agreement or by written agreement of the parties;
(h) ‘Privacy Policy’ means the Privacy Policy as published on the Operator’s website as at the date of the Agreement and as may be updated by the Operator from time to time.
(i) ‘Space’ means the storage space allocated to the Customer by the Operator and each storage space that is, at any time and from time to time, the subject of the Agreement;
13.2 Capitalised terms that are otherwise undefined have the meaning given to them elsewhere in the documents forming the Agreement.
