Terms & conditions
TERMS AND CONDITIONS OF STORAGE LEASE AGREEMENT
- Mega Storage hereby lets to the Tenant who hereby hires from Mega Storage the Storage Unit as described in the above Schedule, subject to the terms and conditions set out in this document.
- This lease shall be deemed to have commenced on the Commencement Date as described in the above Schedule and shall subsist for the lease period as described therein. Upon expiry of the lease period as described in the above Schedule, or if no lease period has been stated therein, this lease shall be deemed to continue or subsist on a month-to-month basis, and may, unless terminated as otherwise provided in these terms and conditions, be terminated by either party with one full calendar month’s written notice.
- This agreement will be deemed to commence with effect from the Commencement Date, irrespective whether the Tenant occupies or utilizes the storage facilities.
- The rental payable in terms of this agreement may, at the option of Mega Storage, on the anniversary of the Commencement Date increase by the rate of 5% with one calendar month’s written notice.
- In the event of this lease being concluded for a fixed lease period, the Tenant shall have the right, in terms of section 14 of the Consumer Protection Act 68 of 2008, to cancel this lease by giving Mega Storage 20 (twenty) business days written notice of such cancellation, in which event the Tenant shall be liable to Mega Storage for a penalty equal one calendar month’s rental, which penalty the Tenant hereby declares to be reasonable.
- The premises leased by Mega Storage to the Tenant shall comprise the unit leased per the details set out in the above Schedule.
- The Tenant:
- Is deemed to have full knowledge of the goods in the Unit;
- Warrants that he/she/it is/are the sole owner of the goods to be stored in the Unit,from time to time, alternatively are entitled to be in possession thereof, the Tenant further acknowledges that all goods will be subject to the provisions of the agreement and in particular to the Landlord’s hypothec;
- Mega Storage (which term includes its directors, employees, and agents):
- Does not and will not be deemed to have knowledge of the goods in the unit;
- Shall not be deemed to have taken possession of any goods in the unit as agent or any inany other capacity for or on behalf of the Tenant.
- Upon signing the agreement and prior to occupation of the storage unit, the Tenant must pay to Mega Storage all initial amounts due. The monthly rental is payable strictly on or before the 1st day of every month (in respect of the ensuring month).
- The Tenant must sign a debit order. It is the Tenant’s responsibility to see that there are sufficient funds in the bank account for the payment of the debit order, throughout the period of storage.
- For late payments or debit orders which are returned as unpaid, the tenant shall pay to Mega Storage R150 including VAT, per storage unit per month, as a late payment penalty and recovery fee for such overdue payments. A late payment penalty and recovery fee of R150 including VAT on overdue payments may also be levied monthly on all outstanding balances.
- A copy of this agreement, together with the Tenant’s own proof of payment, will for the purpose of this agreement be deemed to be a proper TAX Invoice and Mega Storage will be under no obligation to issue any further TAX Invoices.
- Any legal and debt collection costs incurred by Mega Storage in collecting overdue payments will be debited to the Tenant on an attorney and client scale.
- All monthly rentals shall be VAT inclusive, which VAT shall be payable by the Tenant in addition to any other amounts payable in terms of this lease.
FAILURE TO PAY
- In circumstances where any funds need to be refunded to the Tenant by Mega Storage in terms of this Lease, such amounts will be refunded to the Tenant within 30 (thirty) business days from date on which such refund has been determined. Due to all rentals being payable monthly in advance, Mega Storage will not be liable to refund the Tenant any pro-rata rentals in respect of any calendar month.
- The Tenant acknowledges that:
- All time limits imposed on the Tenant by the agreement must be strictly complied with;
- All goods in the Unit are subject to the Landlord’s tacit hypothec for all rentals and any other amounts owing to Mega Storage by the Tenant. In the event of the rental not being paid in full within 7 (seven) days after written notice requiring it to be remedied, Mega Storage may either enforce the provisions of these terms and conditions by claiming arrear rentals and other charges or terminate the lease with the required notice to the Tenant (such notice period being 20 business days written notice as prescribed by the provisions of the Consumer Protection Act 68 of 2008), which will also include a claim for outstanding rentals up to the date of termination as well as damages. In the event of termination of the lease by Mega Storage, the Tenant authorises Mega Storage to enter the Unit and to remove all the Tenant’s goods which are subject to the Landlord’s tacit hypothec for storage at an alternative location in the discretion of Mega Storage. Mega Storage, its directors, officers, employees, or agents shall, under no circumstances, be liable for any loss or damages to any of the goods of the Tenant that may be removed or stored in terms hereof.
- The Tenants shall be liable to Mega Storage for all costs of having the Tenant’s goods removed and stored as provided for herein, which costs shall be determined at prevailing or standard rates and prices.
- The Tenants shall also be liable to Mega Storage for any loss or damages incurred by Mega Storage resulting from the breach of any the provisions of these terms and conditions by the Tenant.
- The Tenant shall be liable for interest on all arrear amounts at a rate of 15% from time to time charged by Mega Storage’s bankers.
ACCESS TO AND CONDITIONS OF USE OF THE UNIT
- The Tenant acknowledges that:
- Shall be afforded access to the Unit during the following hours: Monday to Sunday(Including public holidays) between 06h00 and 18h00;
- Is solely responsible to lock the door of the Unit at all times throughout the lease period.The Tenant shall provide his own padlock(s) and will remove the padlock(s) on or before date of termination of this agreement in order to ensure that Mega Storage has free and undisturbed access to the Unit;
- Must not store any goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or food items or that are a risk to the property or any person;
- Will use the Unit solely for the purpose of storage and must not carry on any business or other activity in the Unit;
- Must maintain the Unit by ensuring it is clean and the interior is in a state of good repair;
- Ensure the goods are dry, clean, free from vermin and/or any other form of contamination, including but not limited to food scraps when placed in the Unit;
- Must not physically alter or damage the unit in any way (including the use of screws or nails) without Mega Storage’s consent. In the event of damage to the Unit, Mega Storage is entitled to claim from the Tenant the value of the repairs required.
- Shall not be entitled to assign or sub-let the unit to any other person;
- Must notify Mega Storage in writing of the change of address of the Tenant’s or the Alternate Contact Person;
- Must notify Mega Storage of any changes to the Tenant’s access list in writing, signed by the Tenant.
- In the event of the lease being terminated by Mega Storage and the goods in the Unit removed and/or stored as provided for in clause 16 herein, the Tenant shall under no circumstances have access to the Unit.
- Mega Storage reserves the right to relocate the Unit to another Unit for the proper management of the premises on 30 days written notice to the Tenant to that effect, the Tenant to ensure its cooperation for such relocation purposes. In the event of such relocation the reference to a Unit number in the Schedule on the 1st page shall be deemed amended accordingly.
- The refuse bins provided by Mega Storage may only be used for normal waste that is not industrial refuse, building material or similar refuse.
- No oral statements made by Mega Storage or its employees form part of the Agreement. No failure or delay by Mega Storage to exercise its rights under this agreement will operate to reduce those rights.
- The goods are stored at the sole risk and responsibility of the Tenant who is responsible for any and all theft, damage to, and deterioration of the goods, and bears the risk of all damage caused by flood, fire, water, spillage of material from any other space, removal or delivery of the goods, pest or vermin or any other reason whatsoever including any acts or omissions of Mega Storage or persons under its control. The Tenant shall be obliged to ensure that his/her/its property is at all material times insured against risks inclusive, inter alia, of damage by theft, fire, flood and hail, on such terms, for such amounts and at such premiums as are for the time being usual in respect of similar property in similar locations.
- Third parties; and/or
- The true owner of the goods stored in the Unit resulting from or incidental to the use of the Unit by the Tenant goods including the sale or other disposal of the goods pursuant to Clause 13(b) above.
COMPLIANCE WITH LAWS
- The Tenant acknowledges and agrees to comply with all relevant laws, applicable to the use of the Unit. This includes laws relating to the material which is stored, and the manner in which it is stored. Liability for all breach of such laws rests absolutely with the Tenant and includes all costs resulting from such breach.
- If Mega Storage believes at any time in the discretion that the Tenant is not complying with any relevant law relating to the goods stored in the Unit and/or affecting the Tenant’s ability to discharge its obligations under this agreement, Mega Storage may take any action Mega Storage believes to be necessary to so comply, including inspection and/or termination in terms of the provisions hereof.
INSPECTION AND ENTRY BY THE OWNER
- Subject to clause 26, the Tenant consents to inspection and entry of the Unit by Mega Storage on 5 days written notice.
- In the event of an emergency, that is, where Mega Storage believes that the laws are being broken, or where property, the environment or human life is, in the opinion of Mega Storage, threatened, Mega Storage may enter the Unit using all necessary force without the written consent of the Tenant. Mega Storage will notify the Tenant as soon as practicable. The Tenant irrevocably consents to such entry.
SEARCH OF UNIT
- By signing this Storage Lease Agreement, the Tenant:
- Declares that he/she has familiarised himself/herself with the salient provisions of theCustoms and Excise Act No. 91 of 1964 and the Counterfeit Goods Act No. 37 of 1997 pertaining to the search of the Unit and the detention and seizure of the contents therein. Both these Acts are freely available on the Internet.
- Acknowledges that Mega Storage is lawfully obliged under the said legislation, as well as other prevailing laws to:
- Provide the relevant officials and authorities with all such information and documentation that Mega Storage may have relating to the Tenant, including the identity, known whereabouts and contact details of the Tenant as well as a copy of this Storage Lease Agreement; and
- Grant to the relevant officials and authorities access to the Unit for the purpose of opening and entering the same, inspecting and/or detaining and/or seizing the contents thereof.
- Consents to Mega Storage providing the relevant officials and authorities under the said legislation or any other prevailing laws with the said information and documentation.
- Holds Mega Storage harmless against and waives all and any claims of whatsoever naturethat it may have for all and any loss or damage of whatsoever nature which the Tenant may suffer as a result of Mega Storage granting the relevant officials and authorities under the said legislation or any other prevailing laws access to the Unit or providing them with the said information and documentation.
- Acknowledges that Mega Storage shall not be under any obligation to supervise the opening and entering of the Unit nor the inspection and/or detention and/or seizure of the contents thereof by the relevant officials and authorities nor to account to the Tenant for the same.
- In the event of the Tenant making use of the services offered by Mega Storage for the transportation of the Tenant’s goods to or from the storage unit, such services shall be subject to following terms and conditions:
- The relevant service offered by Mega Storage does not include any insurance cover on the goods transported, and the Tenant shall, at his own cost, and without any recourse to Mega Storage, arrange for the necessary insurance cover on any of goods to be transported by Mega Storage on behalf of the Tenant.
- Goods transported for and on behalf of the Tenants shall be at the sole and exclusive risk of the Tenant, and Mega Storage, its contractors, employees, agents, or representatives shall not be liable for loss or damage to the goods which are so transported, no matter the cause of such loss or damage.
- It will be the Tenant’s sole responsibility to prepare and keep an inventory of all goods collected, transported, and offloaded by Mega Storage.
- It will be the Tenant’s sole responsibility to pack all goods into and offload all goods from the delivery vehicle.
- Mega Storage reserves the right to sub-contract the transportation services to any other party of its choice, in which event the provisions of this clause shall apply between the Tenant and the appointed sub-contractor.
- The route for transportation and the method of transportation, shall be at Mega Storage’s own discretion.
- The transport service of Mega Storage depends on enough of its staff and equipment being available on the day the Tenant would like to transport his goods. Mega Storage will confirm its availability, for the date requested or state the next business day on which Mega Storage will be able to perform this service, in writing.
- Mega Storage will allow for 60 minutes to pack the vehicle with goods at the collection point and 60 minutes to unpack the vehicle at the storage facility.
- Mega Storage will allow for one pick-up and delivery per booking and utilise a Toyota Dyna truck with packing area of approximately six square meters/twelve cubic meters (i.e., 3m internal length x 1.94m internal width x 2m internal height).
- The transport service of Mega Storage operates within a limited 10-kilometre radius of each of its storage facilities.
- Either party may terminate this agreement by giving the other party written notice as provided for hereinbefore, or, in the event of Mega Storage not being able to contact the Tenant, the Alternate Contact Person identified in the above Schedule.
- In the event of illegal or environmentally harmful activities on the part of the Tenant, Mega Storage may terminate the agreement immediately with the required written notice to the Tenant to that effect.
- Should the tenant give one full calendar month written notice to terminate the lease agreement along with the debit order authorisation but fail to vacate the Unit by 18:00 on the last day of the month, the Tenant’s letter of termination of lease will automatically be deemed null and void. Under such circumstances the lease agreement along with debit authorizations will remain of full force and effect, as was the case prior to termination notice being given. In such an event, the Tenant will pay a false notification penalty fee of R250 per unit, including VAT which payment along with the monthly rentals due must be made promptly on or before the 1st day of the month to avoid a further R150 including VAT late payment and recovery fee as per Clause 9.
- Upon termination the Tenant must remove all goods in the Unit and leave the Unit in a clean condition and in a good state of repair to the satisfaction of Mega Storage on the date specified. The Tenant must pay any outstanding moneys and any expenses on default or other moneys owed to Mega Storage up to the date of termination, or clause 16b will apply. Any calculation of the outstanding rental will be by Mega Storage and such calculation will be final. If Mega Storage enters the Unit under clause 16b and there are no goods stored there, Mega Storage may terminate the agreement immediately;
- Mega Storage will be entitled to demand written proof from the Tenant of any alleged notice given by the Tenant to Mega Storage and the Tenant will be obliged and hereby undertakes to furnish such written proof to Mega Storage on request thereof.
MEGA STORAGE : Sinbu Industrial Properties (Pty) Ltd
- Any notice to be given in terms of this agreement shall be sent via e-mail or written notice hand delivered to the party concerned. Under no circumstances shall any notice be posted or sent by fax. In the event of Mega Storage not being able to contact the Tenant, notice is deemed to have been given to the Tenant if Mega Storage gives or makes reasonable attempts to give the notice by e-mail to the address of the Tenant or to the Alternate Contact Persons as identified on the front of this agreement.
- For the purposes of this agreement, including the giving of notice and the serving of legal processes, the parties respectively choose domicillium citandi et executandi for all purposes as follows:
Suite 80 Zambezi Junction Shopping Centre
522 Breed Street
MONTANA PARK 0182
- Wherever appropriate in this agreement – Words signifying singular shall include the plural and visa-versa – Words signifying one gender, shall include the other – Words signifying a natural person, shall include persons of either sex as well as firms, associations, companies, partnerships and corporate bodies. The titles and headings in this agreement are for purposes of references and convenience and must not be considered for purposes of interpretation.
- No amendment, deletion, addition to or suspension of any provision of this agreement or any provision shall be of any force or effect unless in writing signed by Mega Storage and the Tenant.
- Unless the Tenant indicates otherwise (by electing to “opt-out”), the Tenant agrees to receiving digital marketing or promotion material issued by Mega Storage.
- Personal information may be processed, collected, used and disclosed in compliance with the Protection of Personal Information Act, 4 of 2013. Personal information may be used for the lawful and reasonable purposes in as far as Mega Storage (responsible party) must use the information in the performance of obligations under and in terms of this Agreement. The Tenant hereby gives consent to Mega Storage, in accordance with the provisions of the Protection of Personal Information Act, to process his/her/its personal information for all purposes related to this Agreement.