GLEN EWIN CELLARS

Your Goods are stored in Your Cellar in accordance with this agreement:

1. DEFINITIONS

1. The Client – means the Person who stores goods in a Cellar at the Glen Ewin Pty Ltd Premises;
2. Your Goods – means The Client’s property including wine and other Goods, placed in Your Cellar;
3. Your Cellar – means the Cellar allocated to the Client as per the Storage Agreement in which the Client’s Goods are stored;
4. Storage Fees – means the fees applicable for the use of Your Cellar, as per the rate Schedule;
5. Storage Period – means the Period for which the applicable Storage Fees are paid for;
6. Opening Hours – means the Operating Hours of the Glen Ewin office. 9am – 5pm daily, not including Public Holidays.

2. STORAGE

1. Your Goods are stored in Your Cellar on a month-to-month basis until terminated by either party in accordance with this Agreement (“Storage Period”).
2. Glen Ewin Pty Ltd may at any time change Your Cellar by giving notice to You, but must at its own cost relocate (or, if Glen Ewin Pty Ltd agrees, pay the costs to relocate) Your Goods to the new Cellar.

3. RESPONSIBILITY FOR YOUR GOODS

1. At all times (including while Your Goods are in Your Cellar) Your Goods are:
   1. in Your possession and Control (not Glen Ewin Pty Ltd’s) and taken to be within Your knowledge (not Glen Ewin Pty Ltd’s);
   2. Stored entirely at Your risk in all respects;
   3. Your Goods in Your Cellar are not covered by Glen Ewin Pty Ltd’s Insurance. It is your responsibility to insure the contents of Your Cellar. You agree to waive any right of subrogation in relation to insurance of Your Goods.
2. Glen Ewin Pty Ltd does not and shall not be deemed to have knowledge of the goods stored. You acknowledge and agree that Glen Ewin Pty Ltd does not have possession of Your Goods at any time.

4. PAYMENT

1. On commencement of the Storage Agreement, You must pay Glen Ewin Pty Ltd the first payment of the Storage Fees for the Initial Storage Period (as set out in the Storage Agreement).
2. On or before the Annual Payment Date (or as otherwise set out in the Storage Agreement) You must pay Glen Ewin Pty Ltd in advance the Storage Fee for storage between that Annual Payment Date and the following Annual Payment Date.
3. Storage Fees shall be apportioned on a pro-rata monthly basis for broken periods. Refunds are offered for any prepaid whole months from the time you vacate your Cellar.
4. Glen Ewin Pty Ltd preferred method of payment is Credit Card (VISA or MasterCard only). Other payment options such as cash, EFT cheque are available upon approval by Glen Ewin Pty Ltd.
5. Glen Ewin Pty Ltd may refuse to accept any telephone request to effect payment by Your credit card until a written authorisation from You is received. Glen Ewin Pty Ltd will keep this written authorisation on file until the expiry date of the Credit Card. You agree that this Authorisation will be used for the yearly storage payments.
6. If You fail to pay Glen Ewin Pty Ltd any amount within 30 days of due date or if any payment is dishonoured or cancelled, You must pay Glen Ewin Pty Ltd (when You pay the overdue amount) the Late Payment Fee (as set out in the Rate Schedule) applying to the period between the payment due date and the date You actually pay, together with any associated telephone, postage and other costs related to collection of these amounts. If you fail to pay this Late Payment Fee within 14 days of due date, Glen Ewin Pty Ltd can unilaterally determine the agreement and claim a lien over Your Goods up to the value of any unpaid moneys.
7. Glen Ewin Pty Ltd may, at any time after the Initial Storage Period, increase the Storage Fee by giving You 30 days prior notice.
8. Acceptance by Glen Ewin Pty Ltd of any part-payment of the total amount owing by You will not be taken to affect Your obligation to pay the balance of the amount.

5. ACCESS

1. You may access Your Cellar during the opening hours of the Premises or as otherwise notified by Glen Ewin Pty Ltd (“Opening Hours”).
2. (Emergency Access) You may only access Your Cellar outside the Access Hours with Glen Ewin Pty Ltd’s consent which may be given or withheld at Glen Ewin Pty Ltd’s discretion.
3. (Refusal of Access) Glen Ewin Pty Ltd reserves the right to refuse You or any other person access to Your Cellar if:
   1. You have not complied with any of Your obligations under this Agreement; or
   2. You or any person nominated by You do not produce identification and/or satisfactory evidence to Glen Ewin Pty Ltd to demonstrate You or the other person are entitled to access.
   3. You or any person nominated by You or accompanying You act in an inappropriate, dangerous or abusive manner, or act in a manner likely to damage the property of Glen Ewin Pty Ltd or its Customers.
4. Glen Ewin Pty Ltd may (without being obliged to do so) by 7 days prior notice to You, require You to allow it to access, inspect or service (including for maintenance and pest control purposes) Your Cellar at any time;
5. (Access by Unauthorised Persons) Glen Ewin Pty Ltd is not responsible for any unauthorised entry by any person to the Premises or Your Cellar.

6. YOUR OBLIGATIONS

1. You must only use Your Cellar for storage.
2. You are responsible for securing Your Cellar and must do so in a manner satisfactory to Glen Ewin Pty Ltd. You must ensure that all external gates or doors of the Cellars are kept secure at all times.
3. (Alterations) You must not carry out any alterations to or mark, paint, nail, drill, alter or damage or attach any structure to any part of Your Cellar without the written consent of Glen Ewin Pty Ltd.
4. (Nuisance) You must not cause any inconvenience or nuisance to any other person using the Premises, with particular attention to any wedding ceremonies taking place on the Premises.
5. (Change in details) You must immediately notify Glen Ewin Pty Ltd of any change in Your contact details set out in the Storage Agreement.

7. RELEASE AND INDEMNITY

1. You Release and Indemnify Glen Ewin Pty Ltd, its employees and sub-contractors against any costs, expenses, damages, claims, action or liability, arising from (or in connection with):
   1. Glen Ewin Pty Ltd is released of loss of or damage to Your Goods however caused, unless such loss or damage is caused by negligent or unlawful acts or omissions by Glen Ewin.
   2. Glen Ewin Pty Ltd refusing You access to the Premises and Your Cellar in accordance with this Agreement.

8. TERMINATION

1. (Termination by Notice) Either You or Glen Ewin Pty Ltd may terminate this Agreement at any time after the Initial Storage Period by giving not less than 7 days notice to the other.
2. (Termination on Default) If You fail to comply with any of Your obligations under this Agreement after Glen Ewin Pty Ltd gives You 30 days notice requiring You to comply, Glen Ewin Pty Ltd may immediately terminate this Agreement by notice to You, and may, without further notice, enter Your Cellar and take possession of and deal with Your Goods as Abandoned Goods under clause 8.2.
3. On termination of this Agreement, You must immediately:
   1. pay any amounts owing to Glen Ewin Pty Ltd, including a Termination Fee as set out in the Storage Agreement;
   2. remove Your Goods from Your Cellar; and
   3. clean and remove all rubbish from and make good any damage caused by You or Your Goods to Your Cellar. If you fail to do this Glen Ewin Pty Ltd may do so at Your cost.

9. ABANDONED GOODS

1. (Abandonment of Goods) If at any time You fail to:
   1. pay Glen Ewin Pty Ltd any amount due and owing to it by You; or
   2. remove Your Goods when required under this Agreement, within 30 days of Glen Ewin Pty Ltd giving You notice requiring you to remedy that failure, Your Goods will be taken to be Abandoned Goods.
2. (Dealing with Abandoned Goods) You agree:
   1. Glen Ewin Pty Ltd may (in its absolute discretion) arrange:
      1. the disposal of;
      2. alternative storage of; or
      3. the sale of, any of Your Abandoned Goods.
   2. You must indemnify Glen Ewin Pty Ltd for all costs etc. relating to Your abandoned goods.
   3. Glen Ewin Pty Ltd shall pay You the amount received by it from the sale of Your Abandoned Goods less any amounts You owe Glen Ewin Pty Ltd.

10. INSURANCE

No insurance for Your Goods is offered by Glen Ewin Pty Ltd. You are responsible for arranging Your own insurance for Goods stored.

11. PRIOR ARRANGEMENTS

Any prior arrangements, agreements, representations or undertakings are superseded by the Terms and Conditions in this document.