Terms and conditions of parking

Church St Carpark,
3-9 Church St Wellington

Church St Carpark Agreement.

1. Parking Charges December 2008

All parking is charged on a Per Calendar Month basis, and must be paid for in advance, by direct credit to the bank account of 3-9 Church St Holdings Ltd, unless an alternative arrangement has been agreed to.

1.1 A Remote control maybe issued to you if requested, and if available. A Bond of an amount sufficient to cover all costs in issuing the remote control will be charged. If the card is returned in a good and working condition, and the last day of the tenancy, the bond will be refunded. The remote control remains the property of 3-9 Church St Holdings Ltd.

2. Carpark Use

You must comply with relevant laws, as well as the rules or directions displayed in the carpark from time to time.

You must not obstruct other persons or vehicles using the carpark.

You must not park in any area marked “reserved” or “no parking”.

You must provide 3-9 Church St Holdings Ltd with your full name and address if asked.

These rules of use apply to any passengers and other users of your vehicle.

The only vehicles you are authorized to park in the carpark are vehicles which:
a. have a current warrant of fitness, motor vehicle registration and road user charges
b. are roadworthy and able at all times to be driven under their own power and
c. do not present any danger or risk to other vehicle, persons or the carpark.

3. Consequences of failing to comply with these Conditions

3-9 Church St Holdings Ltd may keep your vehicle until you pay all charges.

You will continue to be liable for the parking charges and other costs during the period that we retain your vehicle until we recover 3-9 Church St Holdings Ltd costs.

Whilst your vehicle is retained by 3-9 Church St Holdings Ltd, we may clamp it or move it anywhere at your cost.

If you fail to pay the cost to 3-9 Church St Holdings Ltd within 30 days, 3-9 Church St Holdings Ltd may sell your vehicle to recover the cost.

4. Our Position

While 3-9 Church St Holdings Ltd shall take all reasonable care, we cannot guarantee the security of your vehicle.

Nothing contained in this agreement limits or restricts any statutory right or remedy that may be available to you.

When you are using the carpark for business purposes, the consumer Guarantees Act 1993 does not apply.

3-9 Church St Holdings Ltd accepts no liability for any claim by you or any other person, whether for loss or damage:
• To you or any other person, or
• To your vehicle or any other vehicle, whether resulting from using the carpark or being unable to use the carpark, or from negligence or otherwise, by 3-9 Church St Holdings Ltd.

5. No Safe Custody of Articles

3-9 Church St Holdings Ltd does not accept liability for any loss or damage to any article left in our custody or control. Our employees are not authorized to accept any of your possessions for safe custody, except the keys to your vehicle.

6. 3-9 Church St Holdings Ltd can move your Vehicle.

By parking here you authorize 3-9 Church St Holdings Ltd, at your cost, to move your vehicle, anywhere, even if it is locked. 3-9 Church St Holdings Ltd will not accept liability for any claim by your or any other person for any loss or damage caused as a result.

7. Who is entitled to take away your vehicle?

3-9 Church St Holdings Ltd may deliver your vehicle to any person who produces a carpark invoice issued by 3-9 Church St Holdings Ltd, or who possesses some other evidence of ownership or entitlement that 3-9 Church St Holdings Ltd determine to be satisfactory.

3-9 Church St Holdings Ltd may retain your vehicle until 3-9 Church St Holdings Ltd is provided with a carpark invoice issued by 3-9 Church St Holdings Ltd, or proof of ownership or entitlement, that 3-9 Church St Holdings Ltd determines to be satisfactory.

While 3-9 Church St Holdings Ltd retains your vehicle, we may move it anywhere.

The parking charges continue to be owed for the period that 3-9 Church St Holdings Ltd retains our vehicle.

3-9 Church St Holdings Ltd will not accept liability for any loss or damage as a result of retaining or delivering your vehicle in accordance with these conditions.

8. Abandoned Vehicles

If you pay the parking charge in Advance and your vehicle is left in the carpark beyond its permitted time, 3-9 Church St Holdings Ltd may clamp the vehicle or move and store the said vehicle at your cost.

If you are not required to pay the parking charges until leaving the parking and your vehicle is left in the carpark for more than five days, 3-9 Church St Holdings Ltd may either clamp the vehicle or move and store the vehicle at your cost.

After 30 days 3-9 Church St Holdings Ltd is entitled to sell your vehicle and its contents to pay any costs that remain outstanding.

9. Your Liability.

You agree to indemnify 3-9 Church St Holdings Ltd in respect of any claim made against 3-9 Church St Holdings Ltd arising from either:
• Your use of the carpark: or
• The use of the carpark by anyone else with your authority.

You also agree to indemnify the owner of the carpark in respect of any claim made against the Owner if 3-9 Church St Holdings Ltd do not own the carpark.

10. Damage

You are liable for any damage to the carpark caused by your vehicle, including damage caused by oil or other substances, or damage caused by you to any other carpark users vehicle or property.

11. Who else has rights under this agreement?

All 3-9 Church St Holdings Ltd rights under this agreement are also for the benefit of, and enforceable by, our employees and against, and the Owner of the carpark. Your rights under this agreement are for your benefit only.

12. Waiver

If 3-9 Church St Holdings Ltd fails to act or pursue any right or remedy available to us, this will not in any way prejudice 3-9 Church St Holdings Ltd’s right to exercise that or any other right or remedy.

13. Will these Conditions Ever Change?

3-9 Church St Holdings Ltd can amend any of these conditions at any time. Carpark attendants are not authorized to amend these conditions on behalf of 3-9 Church St Holdings Ltd.

14. Other Agreements

If there is any inconsistency between these conditions and those contained in any other written agreement that you have entered into with us, the conditions contained in that other agreement will prevail.

15. Words used in this Agreement.

To avoid any confusion as to the meaning of these conditions:

• “claim” includes any claim for damage, loss, compensation, demand, remedy, liability or action.
• “costs” includes any fees, charges or costs incurred or charged by 3-9 Church St Holdings Ltd, including GST
• “damage” includes direct, indirect, consequential and special damage.
• “vehicle” means any motor vehicle of the kind described in clause 2 and includes it accessories and contents.
• “3-9 Church St Holdings Ltd” means 3-9 Church St Holdings Ltd. and includes any of its employees, agents and independent contractors.
• “You” means the driver of a vehicle entering this carpark
• “card” means remote control.