The lessor agrees to let a Storage Unit within its Storage Facility to the lessee on the following terms and conditions:
1. PAYMENT OF STORAGE RENTAL
For the duration of the lease, the Lessee shall pay the rental to the Lessor monthly in advance, on or before the first day of each month. If the rental is paid late, the Lessor shall be entitled, in addition to any other rights it may have in terms of the common law, to charge a late payment fee of R250.00 (Two Hundred and Fifty Rand) on each such occasion.
2. THE DEPOSIT
Before access will be granted to the Storage Facility and / or the Storage Unit by the Lessor, the Lessee shall pay the Deposit to it together with the first month’s rental which is due and payable upon signature of the agreement. Subject to the Storage Unit being vacant, the Deposit will be refunded to the Lessee within 14 (Fourteen) days after the expiry of the lease period and after deducting any unpaid rental or costs incurred by the Lessor for the cleaning and / or repair of the Storage Unit or disposal of any property left in the Storage Unit. In order to avoid any deductions from Deposit, the Lessee must ensure that it arranges a proper handover of the Storage Unit back to the Lessor on the termination date, so that the condition of the Storage Unit can be confirmed by both parties. The deposit shall not constitute the last month’s rental.
3. ACCESS TO THE STORAGE UNIT
The lessee will have electronic access to the Storage Facility and the Storage Unit, allocated to him / her /it at all times during the Lease period reflected in this agreement subject to the rental being up to date. The Lessee appoints the representative nominated in this agreement to have access to the Storage Facility and the Storage Unit in the event that the Lessee is unavailable for any reason to exercise such access. In order to gain access to the Storage Facility and the Storage unit, the representative must produce sufficient proof of his / her identity (limited to a driver’s license, identity document or passport) and written authority to access the Storage Facility and the Storage Unit. The authorized person agrees to abide by the terms and conditions contained herein as far as it relates to him / her/ it. The Lessee shall have the right to terminate such access given to the nominated person to the Storage Facility and the Storage unit by giving written notice to that effect to the Lessor and the termination shall be effective upon receipt of such notice by the Lessor.
4. USE OF THE STORAGE UNIT AND TYPES OF GOODS ALLOWED
The Lessee shall use the Storage Unit only for the purpose of storing the movable property referred to in this agreement. It may not be used as a dwelling, shelter or workshop. The Lessee shall not store anything in the Storage Unit which is perishable, foul-smelling, illegal or hazardous or which constitutes any type of nuisance or risk to the staff or other lessees within the Storage facility.
Anything stored in violation of this clause will be removed and disposed of at the Lessee’s expense without compensation to the lessee. Notice of such removal and disposal will only be provided to the Lessee where reasonably possible. Furthermore the lessee warrants that the goods to be stored in the Storage Unit are not stolen goods and that the Lessee is either the beneficial owner or has the lawful right of possession thereof.
5. THE LESSEE
a.) Indemnifies the Lessor against any claims made against the Lessor by anyone for any loss or damage suffered in or on the leased premises or in consequences of any act by any officer, employee, agent, invitee or licensee of the Lessee.
b.) Shall not cause any nuisance of disturbance to any of the occupiers of the neighbouring premises.
c.) Shall not overload the floors of the leased premises or install any equipment which could harm the structure of the building.
d.) Shall not alter, interfere with or overload the electrical system on
e.) The Lessor under no obligation whatsoever to do any repairs, maintenance or alterations of any kind to the leased premises to fulfil any requirements of any licensing authority, health department, factory inspector or any official of any authority.
6. TERMINATION OF THE AGREEMENT AND VACATION OF THE STORAGE
6.1) The lessee shall have the right to terminate the agreement prior to the termination date by giving the Lessor a minimum of 20 business day’s written notice to the Lessee’s intention to vacate the Storage Unit. The lessor shall be entitled to charge a penalty for the early termination equal to two month’s rental, which amount the lessee agrees to be reasonable. Upon the vacating of the Storage Unit in accordance with such notice, the lessee shall leave the Unit empty, clean and undamaged and shall vacate the unit by 16h00 on the last day of such notice period.
6.2) The lease shall continue on a month to month basis in the event of the Lessee not vacating the Storage Unit n the termination date or in accordance with clause 6.1 above by giving the Lessor 20 business days notice.
7. RISK AND INSURANCE
The Lessor shall use its best effort to keep the Lessee’s stored property safe. However, the Lessee’s attention is drawn to the fact that the risk of loss of or and damage to the property remains on him /her/ it, and the lessor will not be liable for the loss of or any damage to the Lessee’s property and it is therefore the Lessee’s responsibility to insure his / her / its own property.
8. LOCKING THE STORAGE UNIT
The Storage unit has two bolts, one for the use of the Lessee and one for the use of the Lessor. The Lessee is responsible for providing his / her own padlock, using only one of the bolts provided. The Lessee shall not be entitled to lock the second bolt, which shall be for the sole use of the Lessor who shall be entitled to lock the unit at his own discretion.
9. STORAGE RENTAL
9.1) The Lessor shall be entitled to increase the monthly rental at any time on one (1) calendar month’s written notice to the Lessee, and where applicable to adjust the Lessee’s debit order accordingly. If the Lessee is not prepared to continue using the Storage Unit for the adjusted monthly rental, the Lessee may give notice in accordance with clause 6 above but will be obliged to pay the increased rental until Storage Unit is vacated in terms of his / her / its notice. Should he / she / it not vacate the Storage Unit in accordance with such notice, the rental shall automatically be increased to the amount so notified.
9.2) Should the agreement be cancelled or terminated in terms of clauses 6.1 or 10.1 and Lessee not vacate the Storage unit thereafter, the Lessee shall remain liable for the payment of the rental until such time as he/ she / it has vacated the Storage Unit.
10.1) In the event of the Lessee failing to meet his / her obligations under this agreement, the lessor shall be entitled to cancel this agreement or demand specific performance of the Lessee’s obligations together with any damages suffered by the Lessor as a result of such default, provided that the Lessee is given seven (7) day’s written notice to remedy the default.
10.2) The lessee agrees to accept service of any legal process at the physical address recorded on the information Page under “Lessee Details”, “Alternate Contact Details” or “Next of Kin” but agrees to accept delivery of other notices at any of the Lessee’s email addresses or fax numbers record on the information page.
10.3) Should the Lessor bring legal proceedings against the lessee to enforce payments of amounts owed to it, the Lessee shall be responsible to pay all the costs the Lessor incurs in collecting the payment on an attorney own client scale. The Lessee consents to the jurisdiction of the Magistrate’s Court having jurisdiction over the district in which the unit is situated.
10.4) The Lessor shall not be liable for damages arising out of Lessee’s use of the Storage Unit, including but not limited to matters beyond the control of the Lessor.
10.5) The Lessor shall have a tacit hypothec and a lien on all goods stored within the Storage Unit to secure Payment of all amount due to the Lessor under this agreement. In terms thereof, the Lessee shall not be entitled to remove any goods from the Storage unit until payment of its rental in full has been received by the Lessor.
10.6) As security for its obligations in terms of this agreement, the Lessee hereby pledges to the Lessor all goods stored by the Lessee in the Storage Unit. In this regard, the Lessee agrees that the act of storing goods in the Storage Unit will constitute delivery of the said goods to the Lessor thereby constituting the pledge.
The Lessee indemnifies the Lessor for any damages suffered by the Lessee as a result of the Lessor having exercised his rights in terms of this Addendum and waives any claim of whatsoever nature which may arise against the Lessor as a result of the aforesaid.
APPROPRIATION OF SURPLUS FUNDS
In the event of the proceeds of the Sale exceeding the Amount of the Lessee’s total indebtedness (which shall include all legal costs and any interest occurred) towards the Lessor, the Lessor shall deposit on request any such surplus funds into the bank account of the Lessee, provided such information being known to Lessor.
RELEASE OF SURPLUS FUNDS
In the event of the lessee’s bank details not being known to the Lessor, the Lessor shall credit the Lessee’s account with the amount of any surplus funds due to the Lessee, which amount shall be payable to the Lessee within 7 (seven) days following his request for payment.
11. BREACH OF LEASE
In the event that this agreement is cancelled by agreement between the parties or in terms of either clause 6.1 or 10.1 and the Lessee fails to remove his / her goods from the Storage Unit in accordance with clause 6 above, the Lessor will be entitled to remove the Lessee’s lock, retake possession of the Storage Unit and return the stored movable property to the Lessee’s physical address, or the Lessee’s Authorized Representative’s physical address or the Next of Kin’s physical address as recorded herein. The Lessee shall be responsible for all expenses incurred with the removal of the goods in terms of this clause or the Lessee hereby agree that the contents to be sold in order to recover cost.
12. FURTHER PROVISIONS
12.1) The Lessee confirms that he / she has read and understood all these terms and conditions and raised any questions which require clarification before signing this agreement as failure to meet his / her obligations hereunder may have important legal consequences.
12.2) If any provision of this agreement is fount or held to be invalid or unenforceable, it shall be deemed
severable from the rest of the agreement and the validity and enforceability of all the other provisions of
this agreement will not be affected thereby.
12.3) Any latitude or extension of time which may be allowed by the Lessor to the Lessee in respect of any payment provided for herein, or any matter or thing in which the Lessee is bound to perform in terms hereof shall not in any circumstances be deemed to be a waiver of the Lessor’s rights at any time, to require strict and punctual compliance with each and every provision on term hereof.
12.4) This document shall constitute the entire contract between the Lessor and the Lessee. The Lessor shall not be bound by any other term or conditions, promises or statements, warranties or representations express or implied made by the Lessor or any of the employees, or any other person purporting to act for and on behalf of the Lessor. No variation shall be of any force of effect unless reduced to writing and signed by the parties hereto.