These standard terms and conditions (“the/these Terms”) and Annexure “A” and Annexure “B” for Part of the Rental Agreement (“The Agreement”) between the Tenant (Referred to as “You” and “Your”) in connection with the rental of the storage unit as set out in the Rental Schedule.
Storage
1. We allow you to use the Storage Unit (as described on the attached Rental Schedule) for storage of Goods in accordance with the terms and conditions as set out in the Agreement. You shall be allowed access to the Storage Unit During the Store’s access hours only for the purposes of depositing, removing, inspecting or substituting the Goods subject to you meeting the terms of this Agreement.
2. This Agreement starts on the Commencement Date and expires on the last day of the month in which the Agreement started. The Agreement automatically renews for further periods of one (1) calendar month thereafter. Subject to the provisions of clauses 3 and 30.
3. You agree to provide fourteen (14) days written notice to Us of your intention to vacate the Storage Unit and Terminate the Agreement subject to the provisions of clause 30.
Rental
4. You shall pay Us the Rental amount set out in the Rental Schedule for use of the Storage Unit. A full Month’s rental is payable upfront. We do not accept cash or cheques as a form of payment. The Rental is payable monthly in advance on or before the first day of each month.
5. Rental payments made after the 10th are subject to payment of a late fee (“The Late Fee”) which is the larger of the R 150 (or such increased fee as the case may be) or 10 % of Your monthly Rental.
6. You agree to pay by debit order and by signing the debit order authorisation attached to this Agreement as Annexure “B”. You Authorise Us to recover the Rental, General Administration Fee, Late Fees, and any other bank charges or other administrative costs incurred by Us due to late payment, via debit order.
7. Subject to the provisions of clause 3, if You do not vacate the Storage Unit and remove its lock on the last day of the relevant month, then this Agreement automatically renews for periods of one (1) month each thereafter.
8. You agree and acknowledge that:
8.1 There are no Pro-rated Rental refunds in the event that you vacate the Storage Unit before the last day of the month.
8.2 If the Storage Unit is vacated at any time without the required notice in terms of clause 3 having been provided, we shall be entitled to retain Your Deposit: and
8.3 If the Storage Unit is vacated on or after the 1st of the month, a full months Rental shall be due in respect of that month.
9. We reserve the right to increase the Rental and the Late Fee from time to time by giving written notice of no less than Thirty (30) days. If you do not accept the increase, You shall be entitled to cancel the Agreement in accordance with clause 3 above.
10. All payments made to Us shall be applied first to administrative charges and costs (such as Late Fees) before the balance is applied to unpaid Rental. You shall not be entitled to withhold or delay payments of any amounts due to Us in terms of this Agreement by reason of any breach or alleged breach of the obligations to us.
11. Where this Agreement is terminated and You have paid more Rental and charges than are due at the date of termination, We will refund the balance to You after the deduction of any payments to Us as if the balance were a Deposit under clause 13. No interest will accrue on any money held by Us for You.
Deposit
12. You must pay the Deposit set out in the Rental Schedule to Us. The Deposit does not accrue interest and shall be equal to one (1) month Rental. The Deposit may not be used by You as payment for the last months Rental or for any other Rental or charge or other amount due to Us in terms of this Agreement without Our prior written consent.
13. We shall be entitled to use all or any part of the Deposit to cover any Rental which has not been paid or any unpaid charges due in terms of the Agreement, the cost of any repairs to the Storage Unit or Store for which You are liable in terms of this Agreement of in law, and for any other costs or damages arising from Your breach of any provision of this Agreement. Should the Deposit not cover the cost of repairs or other costs incurred by Us due to breach by You, You will be liable for such costs as incurred by us.
14. The Deposit or balance thereof, as the case may be, shall be returned to You by no later than thirty (30) days after the date of termination of the Agreement. Refunds will be by electronic transfer. No cash refunds will be given.
Insurance
15. See Annexure “A” for more information.
16. You hereby expressly release and indemnify Us and Our employees, directors, and agents from any liability for any losses and/or damages (including consequential and indirect losses) to an of Your Goods in or about the Storage Unit or Store. All Goods stored in the Storage unit shall so be stored at Your sole risk.
Terms of Use
17. You hereby warrant to and in favour of Us that:
17.1 You are the lawful owner of all Goods stored at the Store and, where applicable, the natural person (i.e. the Signatory, as defined in clause 47) signing on behalf of You is duly authorised by You to store the Goods and control access to the Storage Unit;
17.2 You shall not place or keep in the Storage Unit or Store:
17.2.1 food or perishable goods unless approved by Us and provided they are protected from and do not attract vermin.
17.2.2 Plants, birds, animals or any other creatures;
17.2.3 Combustible, flammable, explosive or oxidizing materials, liquids, or gases e.g. paint, petrol, oil, cleaning solvents, gas cylinders, fireworks;
17.2.4 Chemicals, compressed gases, radioactive materials, biological agents, waste materials, asbestos, pollutants, toxic or hazardous materials or contaminated goods or other materials of a potentially dangerous nature;
17.2.5 Firearms, weapons, ammunition, explosives or the components thereof;
17.2.6 Any item which emits fumes, smell, or odour
17.2.7 Any item of high value requiring specialist storage (including without limitation jewellery, money, bullion, deeds, bonds, securities, stamps, antiques, fine art or fine wines) or items which are irreplaceable such as paintings, works of art and items of personal sentimental value.
17.2.8 Any illegal substances, illegal items, or goods illegally obtained or unsafe goods: or
17.2.9 Anything that may damage the Storage Unit or Store in any way or other goods prohibited by law;
17.3 You agree that You shall be liable for any damage to the Storage Unit or Store, and to any storage unit rented to other tenants, as a result of Your or Your agents’, guests, invitees’ or representatives’ actions, and the costs of repair in respect thereof shall be billed to you accordingly.
17.4 You agree to abide by any rules set by Us governing the use of the Store from time to time and to comply with any reasonable instructions of Our employees, agents or contractors at the Store
17.5 You shall not permit or cause any damage to the Storage Unit or Store; and
17.6 At the expiration or termination of this Agreement you shall;
17.6.1 remove the lock and vacate the Storage Unit not later than 5pm (five) on the applicable date unless prior arrangements have been made with Us; and
17.6.2 Leave the Storage Unit clean, empty and good condition and free from waste material, ready to be re-rented failing which you shall pay Our costs of cleaning the Storage Unitor disposing of any goods or rubbish left in the Storage Unit.
And You hereby indemnify and agree to pay for all costs which may be incurred by Us as a result of Your breach of the above warranties and furthermore indemnify Us against any claim or cause of action arising (including those of third party) out of Your use of the Storage Unit or access to the Store.
18. You must purchase a non-refundable entry tag for access to the Store and You agree to keep the entry tag secure. If You lose the entry tag you must notify Us immediately. Entry will not be granted to the Store without an entry tag.
19. The Terms of this Agreement apply to the Storage Unit used by You and not any Storage Unit represented or show to You before this Agreement was entered into.
20. We do not, and will not be deemed to have, knowledge of the Goods stored by You nor are We bailee or warehouseman of the Goods. You acknowledge that we do not take possession of the Goods.
21. You must notify Fairweather Self Storage in writing of any change in Your debit order details and contact details (including Your email address)
22. You further agree:
22.1 To leave the aisles, stairway, service area, lift area and hoist area of the Store clear, not to block other tenants’ storage units and exercise courtesy to others and reasonable care for your own safety and that of others using these areas;
22.2 To meet the delivery drivers promptly and to ensure that the from driveway or gate is not blocked under any circumstances;
22.3 Not to use the Storage Unit as offices or living accommodation or as a home or business address and not use the address of the Store or the Storage Unit for receiving or sending mail;
22.4 Not leave any waste or refuse that is created by storing the Goods in the Storage Unit or Store. You will be charged the reasonable cost of disposing such waste or refuse if You fail to comply with this undertaking;
22.5 Not to affix shelving or other articles to the walls, coiling or doors of the Storage Unit;
22.6 Not to connect anything to any power point without Our consent;
22.7 Not to use the Storage Unit to manufacture, sell or conduct other business activities or use the Storage Unit or Store for any purpose other than the purpose of Storing Goods as specified in the Rental Schedule;
22.8 Not to let, sublet, or assign the whole or any part of the Storage Unit;
22.9 To comply with this Agreement and all the relevant laws and regulations that may be applicable to the use of the Storage Unit, including laws relating to the material and the manner in which it is stored;
22.10 To inform Us immediately in writing of any damage or defect to the Storage Unit; and
22.11 That We may, in our discretion, deny access to the Storage Unit and/ or the Store in case of emergencies.
23 Because the nature and the type of the Goods being Stored by You from time to time is entirely within Your discretion (subject to clauses 17.2, 22.3, 22.5 and 22.7):
23.1 You must ensure that the Storage Unit is suitable for the storage of the Goods that You store or intend to store in it. We do not warrant or represent that any Storage Unit allocated to You is a suitable place or means of storage for any particular goods. We strongly advise You to inspect the Storage Unit before storing Your Goods and from time to time throughout the period of this Agreement to ensure its continued suitability. All Storage Unit sizes are approximate, and We accept no responsibility for their accuracy.
23.2 You must ensure that when the Goods are presented for storage, they will be securely and properly packed and in such a condition so as to not cause damage to the Storage Unit or the Store or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances or in any other way; and
23.3 You just complete an inventory of the Goods as proof thereof. We do not inspect the Goods when they arrive at the Store and shall not keep any records concerning, or any inventory of the Goods, nor shall We have any knowledge of their nature, condition or state of repair.
24 Only You and persons authorised or accompanied by You will be allowed to have access to the Storage Unit. Any such person is Your agent for whose actions You are responsible and liable to Us and to other tenants of storage units at the Store. We may refuse You or Your agents access at any time if We consider in Our sole discretion that the safety of any person at the Store, or the security of the Storage Unit or its contents, or other storage units at the Store or their contents will be put at risk.
25 You must Provide Your own lock and keep the Storage Unit locked at all times, by using only one lock per unit door latch. You must ensure that the Storage Unit is locked so as to prevent unauthorised entry when You are not using the Storage Unit. We reserve the right to remove any additional locks. We will not be responsible for locking any unlocked Storage Unit. You should not leave Your key with or permit access to Your Storage Unit to any person. We do not
accept any liability for any person including Our employee or agent holding Your key and having access to Your Storage Unit and any such person acts as Your agent only.
26 You permit Us and Our agents and contractors to enter the Storage Unit and if necessary, break the lock to gain entry of We; –
26.1 provide You not less than 7 (seven) days’ notice to inspect the Storage Unit or carry out repairs, maintenance and alterations to it or any other storage unit or part of the Store:
26.2 At any time without notifying, You if We: –
26.2.1 reasonably believe that the Storage Unit contains any items described in clause 17.2 or is being used in breach of clause 22.3, 22.5 and 22.7 or such entry is related to the exercise of Our powers under clause 31;
26.2.2 wish to ascertain whether the Storage Unit contains any items described in clause 17.2;
26.2.3 are required to do so by the Police, Fire Services, Local Municipality, South African Revenue Service or by a Court Order;
26.2.4 believe it is necessary in an emergency for any purposes including that in clause 26.1;
26.2.5 Obtain access in accordance with clause 27, 28 or 31; or
26.2.6 Want to prevent injury or damage to persons or property.
27. You acknowledge that We are lawfully obliged under the provision of the Customs and Excise Act and Counterfeit Goods Act to provide the relevant officials and authorities with all information and documentation (including a copy of this Agreement and the identity, whereabouts and contact details of the tenant) and grant the relevant officials and authorities access to the Storage Unit for the purposes of opening, entering, inspecting, confiscating and / or selling the contents thereof. By signing this Agreement, You:
27.1 Consent to Us providing any information considered necessary to comply with t5he applicable laws and regulations;
27.2 Hold Us harmless and waive any claims of whatsoever nature for any loss and damage as a result of Us providing any information and documentation and access to the Storage Unit, and;
27.3 Acknowledge that We are not obliged to supervise the opening and entering of the Storage Unit or the inspection, confiscation, or seizure of the contents of the Storage Unit.
28. This Agreement shall not confer on You any right to exclusive possession of the Storage Unit:
28.1 We may at any time by giving You seven (7) day’s written notice require You to remove the Goods from the Storage Unit to another storage unit, specified by Us which shall not be smaller than the current unit.
28.1.1 In the event of fire or flood or similar incident or occurrence at the Store which in Our opinion requires the Storage Unit or any part of the Store to be closed or sealed off; or
28.1.2 If the Store or any part of the Store is closed for redevelopment.
28.2 We agree to pay You reasonable costs of removal which have been approved in writing by Us in advance of the removal.
28.3 If You do not arrange the removal of Goods to the alternative storage unit by the date specified in Our notice, You agree that We and Our agents and contractors may enter the Storage Unit and do so. In doing so We and Our agents and contractors will act as Your agent and the removal will be at Your risk (except for loss or damage cause by the wilful misconduct or gross negligence of Us and Our agents and contractors).
28.4 If the goods are moved to an alternative storage unit this Agreement will be varied by the substitution of the alternative storage unit as the description of the “Storage Unit” but shall otherwise continue in full force and effect.
Limitation of Liability
29. We shall not be liable to You or any third party, whether in contract, delict or otherwise, for any indirect or consequential arising from or in connection with Your use of the Storage Unit or Store including (without limitation) loss of data, profits or custom, and/or business forgone, whether foreseeable or not and whether or not in contemplation of the parties at the time of the conclusion of this agreement.
Breach
30. If You:
30.1 Commit a material breach of this Agreement and fail to remedy such breach within the time period specified in terms of this Agreement (a breach must be remedied by You within four days) or as may be specified by Us by way of written notice to You, as the case may be; or
30.2 Go into provisional or final liquidation or have a petition presented for Y our winding up or liquidation; or
30.3 Commit a material breach of this Agreement that is not remediable then (and in any such case) We may, without prejudice to any other rights or remedies in law, including the right to claim damages and the right to require specific performance, and without being liable to You for any loss or damage which may be occasioned as a result of early termination of the Agreement, give written notice to You to terminate this Agreement; or
30.4 Are in arrears with Rental and/or any other amounts due and payable to Us, then You agree that We shall be entitled to deny You access to the Storage Unit by overlocking the Storage Unit until the amount in arrears has been paid in full.
Payment
31. The Prompt Payment of each and every sum whether invoiced or not, owing by You to Us from time to time under this Agreement or any other agreement between You and Us arising from or in connection with this Agreement (“Your Debt”) is of the essence of this Agreement. “Prompt Payment” is defined as payment of each and every sum due under this Agreement on the first day of each month and, in respect of any sum being due under any related agreement between Us and You, payment within five (5) days of that sum being demanded in writing.
31.1 The terms of this clause 31 are additional to and without prejudice to all or any rights or remedies in law.
31.2 In the event of a default of the Prompt Payment of Your Debt:
31.2.1 We are relieved of any duty of care howsoever arising in respect of the Goods; and
31.2.2 The Goods are held solely at Your risk and We shall be able to immediately exercise the lien described below.
31.3 You hereby acknowledge and agree that in addition to the pledge provided for in clause 34 and 36 below, We shall have a lien on all Goods stored within the Storage Unit to secure payment of all amounts due to Us under this Agreement and that in terms of such a lien, You shall not be entitled to remove any Goods from the Storage Unit until payment of Your Debt in full has been received by Us.
31.4 In default of the Prompt Payment of Your Debt, You authorise Us;
31.4.1 To refuse You and Your agents access to the Goods, the Storage Unit and the Store.
31.4.2 To access the Storage Unit and inspect and remove the Goods to another Storage Unit or Store and You agree to be liable for any damage, loss or expenses incurred as a result thereof; and
31.4.3 To hold onto and /or ultimately dispose of some or all of the Goods subject to clause 31.5
31.5 In the event that Your Debt is not paid thirty (30) days after the first day of the month or You fail to collect the Goods after We have required You to collect them or upon expiry or termination of this Agreement. We may, subject to clause 31.7, sell the Goods and pass all ownership to them (the purchaser) and use the proceeds of sale to pay first the costs incurred by Us (including a lock cutting fee and reasonable charges for Our own time) and secondly in paying Your Debt until payment has been made.
31.6 If the proceeds of sale are insufficient to discharge all or any part of the cost of sale incurred by Us and Your Debt (including the costs described in in clauses 31.4.2 and 32). You must pay any balance outstanding to us within seven (7) days of written demand from Us, which will set out the balance remaining due to Us after the net proceeds of the sale have been credited to You. Interest will continue to accrue on Your Debt until payment has been made.
31.7 Before We sell the Goods, We will give You notice in writing of the amount of Your Debt at the date of the notice and that in the default of payment within fourteen (14) days of the date of notice, We will sell the Goods in the manner set out in the said notice. You agree that We shall not be obliged to give You any further notice of any intended sale.
31.8 We will sell the Goods by any method(s) reasonably available to achieve the selling price reasonably obtained in the open market, taking into account the cost of sale.
31.9 If the Goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite Our efforts, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost. You will pay Our reasonable costs incurred in administering the debt collection and sale process described in this clause. These costs will include (without limitation) a Lock Cutting Fee, auction costs, removal costs, cleaning costs and the reasonable charges for Our Own time.
31.10 If We reasonably believe it is a health and safety risk to conduct an inventory of the Goods, or to open any empty bags or boxes to undertake an inventory or assess the contents therein, We may dispose of some or all of the Goods without taking an inventory or opening any bags or boxes.
31.11 If Your Debt is paid to the satisfaction of Us prior to the Goods being sold, We shall restore Your access to the stored Goods. In such an event it shall be Your responsibility to replace Your lock at the time of payment to ensure the security of Your Storage Unit.
32. In addition to the above remedies:
32.1 In the event We institute any legal action against You as a result of non-payment of Rental and/or any other amounts due to Us in terms of this Agreement, You agree to pay a penalty of thirty percent (30%) of the outstanding Rental;
32.2 You agree that in the event of legal action being instituted against You pursuant to clause 32.1 or as a result of breach of this Agreement, You shall pay all the costs incurred in respect thereof on an attorney and own client scale, including all collection fees and any tracing charges that may be incurred.
32.3 We shall be entitled, but not obliged, to issue an ordinary summons and the Goods stored in the Storage Unit attached to cover Our expenses and any amounts due to Us under the terms of this Agreement.
33. A partial payment of amounts in arrears will not stop fees or charges being incurred or official procedures being implemented. Any agreement between You and Us to extend payment dates or defer sale of Goods must be in writing and signed by both parties to be binding.
Pledge
34. As security for its obligations in terms of this Agreement, You hereby pledge to Us all Goods stored by You in the Storage Unit.
35. You agree that the act of storing goods in the Storage Unit will constitute delivery of the said goods to Us thereby constituting the pledge.
36. We Shall have the right of parate exexecutie, as set out in clause 31.
Notices and Domicilia
37. Any notice to be given in terms of this Agreement shall be given in writing to the party due to receive such notice at its chosen domicilium, being: (i) in the case of You at Your physical address specified by You in the Rental Schedule, or by email to the email address specified by You in the Rental Schedule and updated by You from time to time in accordance with clause 21; and (ii) in the case of Us at 31 Francis Street, Zonnebloem, 7925. Notices shall be delivered personally by courier or email transmission and shall be deemed to be given in the case of personal delivery on delivery and in the case of couriering (in the absence of evidence of earlier receipt) forty-eight (48) hours after delivery to the courier company and in the case of email transmission on the completion of the transmission provided that the sender shall have received printed confirmation of the transmission.
General
38. Any right granted herein to Us may be exercised by Our representatives or agents.
39. This Agreement shall extend to and be binding upon the parties hereto, their heir, executors, administrators and assigns.
40. No extension of time or indulgence granted by Us to You shall be deemed in any way to affect, prejudice or derogate from the rights of Us in any respect under this Agreement, nor shall it be regarded as a waiver of any rights hereunder, or a novation of this Agreement.
41. In terms of this Agreement form the sole contractual relationship between the parties and no variation shall affect the terms of this Agreement unless it is in writing by the parties to
this Agreement. This Agreement supersedes all or any prior agreements or negotiations between the parties hereto relating to the Storage Unit.
42. You acknowledge that you have raised all queries relevant to Your decision to enter into this Agreement and that We have answered all such questions to Your satisfaction.
43. If any provision of this Agreement is unenforceable then that unenforceable provision shall be severed from the remaining provisions of this Agreement, which shall not be affected and shall remain in full force and effect.
44. If You are a foreign passport holder and not in possession of a valid South African identity document, You must provide Us with Your passport and proof of South African residence (copies are not acceptable), an original letter from Your bank confirming Your bank details and an original proof of address (utility bill or cell phone contract). You further agree to vacate Your Storage Unit before Your residence permit expires and, should you fail to do so, access to Your Storage Unit will be denied.
45. If the Store should be destroyed or damaged so that Your Storage Unit can no longer be occupied by You, this Agreement shall automatically terminate when that happens unless the parties agree otherwise in writing.
46. In the event this Agreement regulates the rental of a parking bay, all reference to Storage Unit shall be deemed to be references to said parking bay. There is no insurance cover for motor vehicles, boats, caravans or the like.
47. If this Agreement is signed for You by a person (“The signatory”) acting as an agent or representative of You, then that Signatory in their personal capacity shall be liable for all the obligations imposed on You in terms of this Agreement in the event You fail to comply with Your obligations in terms of this Agreement.
48. If You transfer the contents of the Storage Unit to a different storage unit (“the New Unit”) at the Store for whatever reason, these Terms, The Rental Schedule and Annexure “A” and Annexure “B” are deemed to apply to the New Unit, except that Rental shall be the prevailing rental for the New Unit at the date of transfer.
49. We reserve the right to perform a credit check at any time during the tenancy of this Agreement and You consent to this being performed.
50. This Agreement shall be construed and governed in accordance with the laws of the Republic of South Africa and the parties agree that any magistrate court which has jurisdiction over You shall have jurisdiction to hear any action or proceeding that may arise out of this Agreement.
