TERMS & CONDITIONS
1. DEFINITIONS:
1.1 “the lessor” shall mean Collect a Store CC.
1.2 “the lessee” shall mean the party specified in the Storage Reservation Form.
1.3 “the rental” shall mean the monthly charge levied for the hiring of a unit.
1.4 “month” shall mean one (1) calendar month.
1.5 “unit” shall mean a specific storage unit allocated to the lessee.
1.6 “the lease” shall mean this Storage Lease Agreement together with the applicable information in the Storage Reservation Form.
1.7 “the initial period” shall mean the amount of days leased (calculated on a daily basis) before the start of a new month.
1.8 “the premises” shall mean the premises where the unit is situated.
1.9 “the due date” shall mean the 3rd day of any calendar month.
2. RECORDAL
The lessor hereby lets to the lessee, who hereby hires from the lessor, for the period specified in the Storage Reservation Form, the unit(s) on the
terms and conditions as set out herein.
3. DURATION
The lease shall be in force for the initial period and shall thereafter continue on a monthly basis until terminated by either of the parties as set out in
clause 7 below. The lease shall be in force for a minimum period of one (1) month.
4. RENTAL, ADMINISTRATIVE CHARGES AND INTEREST ON ARREARS
4.1 The rental is payable monthly in advance on or before the due date in the manner prescribed by the lessor from time to time.
4.2 The lessor shall not be required to provide the lessee with monthly invoices or statements, unless specifically requested in writing to do so.
4.3 After the expiry of the initial period, the lessor shall be entitled to vary the rental payable by giving the lessee no less than one (1) month notice
thereof. It is hereby recorded that the rental normally increases at the beginning of each new calendar year.
4.4 The rental shall be payable without deduction or set-off.
4.5 Interest calculated at 2% per month shall be levied on all arrear rental calculated from the due date to the date of payment.
4.6 The lessee will be liable for the lessor’s usual administrative charges being R180.00 per month as incurred in the collection of arrear rental.
4.7 All payments made pursuant to the lease shall, at the sole discretion of the lessor, be applied to administrative charges, arrear rental, interest or damages.
5. UNIT ALLOCATION
5.1 The lessee will be allocated a unit upon payment of the initial rental.
5.2 The allocation of any unit falls within the lessor’s sole discretion.
6. MAINTENANCE OF THE UNIT AND INSPECTION BY LESSEE
6.1 The lessee shall be responsible for the packing, storage and removal of his/her goods during the currency of the lease and upon termination
thereof.
6.2 The lessee shall maintain the unit in good order and condition, fair wear and tear excepted.
6.3 The lessee shall inspect the inside of his/her unit at regular intervals and immediately report in writing to the lessor the existence of any damage
(including possible water leaks) to the unit.
6.4 In the event of the possible existence of such damage the lessee will grant the lessor access to his/her unit forthwith to enable the lessor to take
the necessary steps to repair, or prevent, the damage.
6.5 Should the lessee fail to inspect the unit and/or notify the lessor of any damage, the lessor will not be liable for any damages or injury suffered by
the lessee as a result of such damage.
7. CANCELLATION AND TERMINATION
7.1 Each party may cancel the lease by giving the other party written notice of one (1) month.
7.2 If no such notice has been given, the lease will be deemed to have been renewed for a further month.
7.3 Subject to clause 13 below, the lessee shall vacate the unit at the end of the lease and leave the unit in a clean and empty state.
8. ACCESS AND SECURITY
8.1 The lessee shall be responsible for the internal security of the unit and shall keep the unit locked under his/her own lock and key which the lessee
shall at all times personally safeguard.
8.2 The lessor shall secure entry to and exit from the premises by the provision of security measures at the lessor’s sole discretion.
8.3 The lessee shall abide by the security procedures initiated by the lessor at the premises from time to time.
8.4 The lessor shall be entitled to allow any person, who is in possession of the lessee’s personal key, entry to the unit on the assumption that such
person enters the unit with the lessee’s proper authority.
8.5 In the event of the lessee requiring the assistance of the lessor to enter the unit, the lessee shall adhere to the lessor’s internal policies and/or
procedures as may be in force from time to time.
9. INSURANCE, DANGEROUS AND ILLEGAL GOODS
9.1 The lessee shall not do, or omit to do, anything, or keep in the unit anything, or allow anything to be done, or kept in the unit, of a perishable,
flammable or explosive nature, or any toxic waste, radioactive materials, plants or animals, prohibited or unlawfully obtained items, or items which
may emit any fumes, smell or odors.
9.2 The lessee shall be responsible for the insurance of any items stored in the unit.
10. LIMITATION OF THE LIABILITY OF THE LESSOR
10.1 Additionally to clause 7.5 above, the lessee shall have no right, remedy or claim of any nature against the lessor for any loss, damage (whether
general, special or consequential), expense or injury, which may be suffered by the lessee directly or indirectly, irrespective of whether such
loss, damage, expense or injury shall have been caused through or as a result of the negligence (excluding recklessness) of the lessor or any of
its employees, servants or agents, howsoever arising.
10.2 The lessee hereby indemnifies the lessor and holds it harmless against all and any claims arising from the above, including any claims which
may arise from the lessee’s agents, guests or invitees whilst on the premises.
INITIAL
Shareholders:The Victor Van Zyl Family Trust, Jurgens Van Zyl Family Trust, I. Van der Walt, A. McManus, Wessels Family Trust
Reg no:2011/081044/23 Page 3
11. CESSION AND SUB-LEASE
The lessee shall not sell, cede, transfer, pledge or otherwise alienate any of his/her rights in terms of the lease, nor shall the lessee sublet the
unit, or any portion thereof.
12. BREACH, NON- ACCESS TO UNIT, SALE OF GOODS AND LEGAL CHARGES
12.1 Should the lessee fail to pay the rental on the due date or commit any other breach of the lease, or repudiate the lease, the lessor shall be
entitled to cancel the lease without further notice to the lessee and enforce any right against the lessee the lessor may possess in law.
12.2 For as long as the lessee is in arrears of the payment of any rental, administration charges or interest, the lessee shall not be entitled to enter
the premises, or access the unit, and may be prevented by the lessor from doing so.
12.3 In the event of a breach and cancellation as aforesaid, the lessor shall be entitled, upon fourteen (14) days notice to the lessee, to forcibly enter
the unit, seize all goods found therein and to dispose of all such goods in settlement of arrear rental, interest, administration charges or
damages, with the lessee to be credited with any surplus proceeds of the disposal of the goods. In this regard the lessee hereby pledges to the
lessor all the goods stored in the unit as security for its obligations in terms of the lease, the storage of the goods in the unit(s) being regarded as
delivery in terms of the pledge.
12.4 The lessor shall be entitled to sell the goods by any method reasonably available in the open market (including by way of inviting written tenders
on the contents of the unit as a whole) taking into account, amongst other things, the associated costs and/or expenses, lack of storage space
and risk of damage to or loss of the goods. In the event of the lessee disputing the reasonableness of the method of sale, or of the extent of the
proceeds of the goods so obtained, the onus will be on the lessee to prove the contrary.
12.5 In the event of the lessor being unable to sell the goods at a reasonable and/or economical price, or it remains unsold despite the lessor’s
reasonable efforts, the lessee authorizes the lessor to destroy the goods, or dispose of it otherwise, at the lessee’s expense.
12.6 In the event of any legal proceedings to be instituted by the lessor against the lessee arising from the lease, the lessee shall be liable for the
lessor’s legal costs, including collection charges, on the scale as between attorney and own client.
13. NOTICES
13.1 All notices in terms of the lease shall be sent by electronic mail, if an e-mail address has been provided, or pre-paid registered post to the
parties’ respective chosen addresses as well as sms/whatsapp to the lessee’s cellphone as provided on the Storage Reservation Form.
13.2 Any notice sent by way of pre-paid registered post shall be deemed to have been received within seven (7) days after dispatch thereof.
14. CHOSEN ADDRESSES
The parties hereby choose the under mentioned addresses as their respective chosen addresses for
purposes of all correspondence, notices and legal process in terms of, or arising from, the lease, namely:
Lessor: 4 Henry Vos Close, ASLA PARK, Strand, 7140
Lessee: The physical address as stipulated on the Storage Reservation Form
15. GENERAL
15.1 This agreement forms the sole memorial of the lease and supersedes any prior agreement between the parties in respect of the unit(s) specified
in the Storage Reservation Form.
15.2 No variation, amendment, or alteration of any term hereof shall be of any force or effect unless reduced to writing and signed by the lessor.
15.3 The lessor shall have the right to amend the terms and conditions hereof from time to time in order to cater for its operational requirements and
any such amendment shall become binding on the parties upon notice to the lessee.
15.4 The parties confirm that no representation by any of the parties has been made, not recorded herein, which might have induced the other party
into concluding the lease, or agree to any term thereof.
15.5The lessee/signatory on behalf of the lessee warrants the information of the lessee in the Storage Reservation Form as being true and correct.
