Shute Harbour Carpark Request

Hamilton Island Enterprises Limited ACN 009 946 909 is the Operator (“the company” and/or “HIE”) of the Shute Harbour Logistics Terminal and Carpark (“Facility” and/or “Carpark”).

1. The Customer enters the Carpark and uses it at the Customer's risk.
2. The Company is not liable for the Customer or any person associated with the Customer for:
   1. any injury to the Customer or anyone associated with the Customer;
   2. any damage to, destruction of or theft of the Customer's vehicle or any other vehicle within the Carpark whether authorized or not; or
   3. any damage to, destruction of, or theft of any property (including anything in, around and on the Customer's vehicle.
3. The Customer agrees to indemnify and hold harmless the Company, its officers, directors, employees and agents from all liabilities, damages and costs (including reasonable legal fees and costs of defense) in respect of any claim made against the Company as a consequence of, in relation to, or in any way arising out of their and any person associated with them use of the Carpark.
4. The Fee is inclusive of GST.
5. The Company may vary the parking conditions, including the Fee, at any time by giving the Customer one month’s written notice of the alteration. The Customer must ensure deduction authorisations are updated in accordance with any variation. Failure to provide updated deduction authorisation will result in the Customer’s allocation being suspended until required authorisation is provided. For authorisations that remain outstanding for a period of one month, parking allocation may be terminated.
6. Any expense or costs incurred by the Company in the recovery of outstanding monies, including debt collection fees and legal costs, shall be paid by the Customer.
7. Each Pass Card or other form of access device or identification issued by the Company remains the property of the Company and must be returned at the termination of this Agreement to the Company. Customers must advise the Company if the access card, device or identification is lost or stolen. Replacement of the access card, device or identification may incur a fee.
8. This Agreement may be terminated by the Company by giving one month’s written notice except as otherwise specified in this Agreement.
9. This Agreement may be terminated by the Customer by giving two weeks’ written notice.
10. The Company may terminate this Agreement immediately if the Customer is in breach of this Agreement and does not rectify that breach as required by the Company. In the event of an unremedied breach of the Agreement, vehicles may be removed from the Carpark at the Customer’s expense.
11. The Customer further acknowledges that they must inform persons associated with them to abide by signage, access requirements and the terms and conditions of use
12. The Company shall not be responsible for any loss or damage occasioned by the malfunction of any entry gate or access door.
13. All Agreements signed between the Company and the Customer are non-transferable without written authorisation from the Company.
14. The Customer shall only park in the space allocated to them. The Company shall be entitled to move, or if it deems it appropriate, remove any vehicle at the Customer’s cost, from the Carpark which is incorrectly parked or which may obstruct traffic or constitute a danger or nuisance. The Company reserves the right to re-allocate any car parking space allocated to a Customer at its sole discretion. Spaces allocated to Customers can only be used by other vehicles with the prior approval of the Company.
15. No vehicle shall contain any dangerous or flammable substance, other than in its normal fuel system. The Company is entitled to recover from the Customer of any vehicle which spills oil or deposits any other substance in the Carpark the costs of removal of such substance. Customers are required to dispose of rubbish in the bins provided. Storage of household items is not permitted. All personal item must be contained within the car space allocated.
16. The Company reserves the right to amend the Terms and Conditions of Use from time to time and it is the Customer responsibly to keep themselves informed of changes.