Terms & conditions
LEASE PERIOD, NOTICE PERIOD AND ESCALATION
- Period of lease: This lease shall for an indefinite period, commence on the occupation date, and shall, unless terminated as otherwise provided in the terms and conditions below, be only terminated by one full calendar month’s written notice by either party.
- This agreement will commence from the date of occupation, irrespective as to whether the Tenant avails itself of the storage facilities from that date or otherwise.
- The rental payable in terms of this agreement will escalate at MEGA STORAGE management’s discretion with one calendar month’s written notice.
- The premises leased by Mega Storage to the Tenant shall comprise the unit leased per the details set out in the above Schedule.
- Mega Storage hereby lets to the Tenant who hereby hires the Unit from Mega Storage subject to the terms and conditions set out in this document. No other goods or services are provided or responsibilities taken by Mega Storage.
- 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 acknowledging that all goods will be subject to the provisions of the agreement and in particular to the Landlord’s lien;
- Mega Storage (which term includes its directors, employees, and agents)
- Does not and will not be deemed to have knowledge of the goods;
- Is not a bailee nor a warehouseman of the goods and the Tenant acknowledges that Mega Storage does not take possession of the goods.
- 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 R120 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 R120 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.
- In the event of VAT or any other form of taxation imposed by statute or law, or any regional, local or competent authority or becoming payable by Mega Storage on the rental, then this tax shall be passed on to the Tenant.
FAILURE TO PAY
- The Tenant acknowledges that:
- All time limits imposed on the Tenant by the agreement, must be complied with strictly;
- All goods in the Unit are subject to a general lien 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 (R50 fee) requiring it be remedied, Mega Storage will lock the Unit using such method as is necessary and which shall include the cutting of a padlock, in the presence of two representatives of “Mega Storage“ and issue a cancellation letter – Fee of R100
Without further notice or demand, to cancel this agreement and without derogating from the rights of Mega Storage to claim any arrear rentals and/or other amounts, payable to it and to claim and recover from the Tenant such damages as may be suffered in consequence of such breach and/or cancellation.
- Sell the goods by private arrangement or public auction to defray any unpaid rentals, or costs associated with collection of fees and/or costs associated with disposal of the goods; and/or
- Dispose of the goods in any other reasonable manner, as Mega Storage sees fit.
- To deny or restrict access by the Tenant (or any person purporting to represent the Tenant) to the Unit.
- If any money is recovered from the sale or disposal of goods, that money shall be applied as follows:-
- First, to pay the costs of and associated with the sale or disposal of the goods, legal costs, collection fees and as may in any other manner have been incurred by Mega Storage by exercising its rights and/or enforcing its remedies in terms of this Agreement or at law;
- Second, all rental and other fees owed to Mega Storage and any other costs incurred by Mega Storage in connection with re-entering the Unit, storing and selling or disposing of the goods;
- Third, any excess will be paid over to the Tenant without interest.
ACCESS TO AND CONDITIONS OF USE OF THE UNIT
- The Tenant:-
- Shall be afforded access to the Unit only during the following hours: Monday to Sunday (Including public holidays) between 08h00 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;
- Grants Mega Storage entitlement to discuss any default by the Tenant with the Alternate Contact Person;
- Must notify Mega Storage of any changes to the Tenant’s access list in writing, signed by the Tenant.
- Mega Storage may refuse access to the Unit by the Tenant where any money is owing by the Tenant to Mega Storage, whether or not a formal demand for payment has been made.
- 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.
RISK AND RESPONSIBILITY
- 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.
- Unless specifically covered by insurance, the Tenant must not store items which are irreplaceable, such as currency, gold coins, platinum coins and any other valuable coins, jewellery, furs, deeds, ID Documents, passports, driver’s licences, or any other statutory documents, fire arms, paintings, curios, works of art and items of personal sentimental value.
- The Tenant agrees to indemnify Mega Storage from all claims in contract, delict or otherwise for any loss or damage to the property of, or personal injury to:
- 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 termination under clauses 24 and 25. Mega Storage may also immediately dispose of or remove the goods at the Tenant’s expense, and submit the goods to the relevant authorities.
INSPECTION AND ENTRY BY THE OWNER
- Subject to clause 25, 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 –
- Acknowledges having been advised in writing by Mega Storage of the sailent provisions of the Customs 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.
- 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 nature that 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.
- Either party may terminate this agreement by giving the other party written notice as indicated in clause 1 of this agreement, or, in the event of Mega Storage not being able to contact the Tenant, the Alternate Contact Person identified on the front of this agreement.
- In the event of illegal or environmentally harmful activities on the part of the Tenant, Mega Storage may terminate the agreement immediately on 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 R240 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 R120 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 13b 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 13b 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.
- The refuse bin is only for use of small waste and NOT for industrial refuse and building material
- Any notice to be given in terms of this agreement shall be sent via e-mail or written notice at storage to the details chosen by the party concerned. 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 post or fax or 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:-
MEGA STORAGE : Sinbu Industrial Properties (Pty) Ltd
Zambezi Junction Shopping Centre
522 Breed Street
MONTANA PARK 0182
- 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.