Member Services Update

SSAA updates Australia

Introduction to our new Core Agreements and revised [MAP/ Manual of Advice and Procedures] by Nick Miller and Nicole Butler, Hunt & Hunt Lawyers

In the first quarter of 2020 the SSAA will be launching updates to the Core Agreements and [MAP/ Manual of Advice and Procedures] used by facilities in their day-to-day business activities. The revised Core Agreements have been simplified and are now more user-friendly. Not only is the content of the Core Agreements consistent (save for tailored clauses, where necessary) but the layout of the documents is now standardised so that the suite has a distinct ‘look and feel’.

THE NEW CORE AGREEMENTS

There are now 6 Core Agreements, being:

The Storage Agreements

Standard Self Storage Agreement (also commonly known as ‘Standard Agreement’) – this is the most common type of self storage agreement. The storer places their goods into their space and is the only person who has the key. Managed Self Storage Agreement (also commonly known as ‘Managed Agreement’) – this is intended to be used where the facility maintains a key to the storer’s space. Managed storage carries a higher commercial risk and the contract reflects this different legal relationship. Mobile Self Storage Agreement (also commonly known as ‘Mobile Agreement’) – this is for use where a facility offers mobile, locked trailer or ‘pod’ style storage. Any form of storage unit that can be delivered to the storer, packed by the storer, and then taken back to a facility or where the unit remains with the storer, is covered by this Mobile Storage Agreement. The Mobile Storage Agreement does not cover mobile storage units that are packed by the facility. Storage Room Agreement – this is for use when a storer requires items to be delivered to or collected from the facility. The agreement can’t be entered into unless there is already a Standard Agreement in place between the facility and the storer.

The Hire Agreements

Vehicle Hire Agreement – this enables the facility to hire out rental vehicles (such as moving vans and trucks) to hirers. Trailer Hire Agreement – this enables the facility to hire out trailers to hirers.

THE NEW [MAP/MANUAL OF ADVICE AND PROCEDURES]

The [MAP/Manual of Advice and Procedures] content has been extended to incorporate guidance on all 6 Core Agreements (previous versions of the [MAP/Manual of Advice and Procedures] did not include guidance on the Mobile Agreement, or the Hire Agreements). Updates have been made to key interest areas such as the chapters relating to deceased estates, bankruptcy and insolvency, and the default process. Going forward, it is planned to update the [MAP/ Manual of Advice and Procedures] on a quarterly basis to reflect issues encountered by members.

CORE AGREEMENT UPDATES

Each of the Core Agreements now include the following features: A standardised 42-day default period – previously this was as lengthy as 6 months! Now, all agreements have the same 42-day default period (being the period for which Storage Fees are overdue before a facility can commence the default process).

Exclusion of the statutory uncollected goods regimes – in all states except South Australia, where the uncollected goods legislation can’t be excluded, the provisions of the Core Agreements will now displace the state-based laws that in some cases required facilities to undertake onerous steps prior to disposing of uncollected goods (such as advertising, obtaining court orders, and the like). Privacy – the previous versions of the Core Agreements did not contain clauses specifically addressing the requirements of the Privacy Act. Exclusion of implied terms – the Core Agreements now specifically exclude any additional terms that are not set out in the agreement being ‘implied’ into the agreement – to the extent that this is allowed (the Australian Consumer Law, for example, may insert certain terms in to the Core Agreements). This change reduces the risk that facilities may have a claim from a storer from unintended promises (such as those contained in unauthorised statements made by staff, for example).

SPECIFIC UPDATES

Some of the Core Agreements have unique updates.

The Mobile Agreement now enables facilities to dispose of goods in the event of the storer’s default, or breach of contract, whereas the previous versions did not give facilities this right.

Key contractual terms are now a part of the Storage Room Agreement, bringing its content into line with the other Core Agreements.

USING THE NEW CORE AGREEMENTS

The Core Agreements were updated with the main objective of simplifying the storer sign-up process. The new layout of the Core Agreements breaks this into two parts, being the: l Schedule (in most cases, one – two pages); and l Full Terms.

The ‘split’ between the Schedule and Full Terms means that facilities will not need to print out an entire copy of an agreement each time a new storer is signed up. If facilities make the Full Terms available for storers to read prior to signing up, facilities need only to print the Schedule for storers to sign.

Accompanying each of the Core Agreements is a new Instruction Sheet, guiding facilities through the sign-up process. Once all key commercial information has been entered into the Schedule, facilities will need to either: l make a hard copy of the Full Terms available for the storer to read – if the storer is signing up to the agreement at the facility, in person.

For example, laminated copies available at a facility’s reception counter, or as a wall poster; or l provide the storer with the opportunity to read and download the Full Terms – if the storer is signing up to the agreement online.

The Instruction Sheets also draw attention to essential parts of the Schedule that need to be completed to ensure that sign-up is effective, such as: l the storer acknowledging that they have received and had opportunity to read the Full Terms; l the storer agreeing to be bound by the terms of the agreement; and l each of the storer and a representative of the facility signing the agreement.

RELEASE OF DOCUMENTS

Ensure you remain a connected member as announcement of the formal release of the updated documents will be made in the SSAA STOReFLASH newsletter and social media channels. The latest versions of all SSAA documents are available on the SSAA members only portal after login. l

Nick Miller and Nicole Butler Hunt & Hunt Lawyers Victoria

new standard storage agreement* now available!

*only available to financial members

putting ink on paper since 1977

3 Paterson Parade Queanbeyan NSW 2620 PO Box 624 Fyshwick ACT 2609 tel: 02 6299 4500 email: printing@homesteadpress.com.au www.homesteadpress.com.au