1. RENTAL PAYMENT
1.1 Rental for the storage space shall be as set out at clause 4 above per month.
1.2 Rental shall be payable monthly in advance on the 1st day of each month commencing on _______________.
1.3 The Lessee may not withhold, defer, or make any deduction from any payment due to the Lessor, even if the Lessor is indebted to the Lessee or in breach of any obligation to the Lessee.
1.4 The rent and all other amounts owed by the Lessee will exclude value-added tax (VAT) and the Lessor may recover VAT from the Lessee in addition to the rent and other outstanding amounts.
1.5 The Lessee is liable for interest on all overdue amounts outstanding from this lease at a rate of prime plus 2% per annum, calculated from the due dates of such amounts until they are respectively paid.
1.6 The Lessor may increase rentals with one calendar month’s written notice to the Lessee.
2.1 The Lessee shall pay a deposit equal to one month’s rent as set out in clause 4 above. The Lessor can set off this amount against any amount owed to it in terms of this agreement.
2.2 If the Lessor sets off the deposit against money the Lessee owes, the Lessee must pay in the amount to make up the difference outstanding in terms of the deposit.
2.3 As soon as the Lessee has fulfilled all its obligations in terms of the lease or after the lease has come to an end, the Lessor must refund the amount of the deposit not applied in 11.1 and 11.2 above to the Lessee within a reasonable time.
3.1 If the Lessee defaults in any payment due under this lease or breaches any other terms, and fails to remedy such default or breach within 5 (five) days after having received a written demand that it be remedied, the Lessor may, without further notice:
• Cancel this lease with immediate effect,
• Recover damages from the Lessee for the default or breach and the cancellation of this lease.
• This will not affect any other rights or remedies the Lessor might have.
3.2 Clause 12.1 does not exclude the ordinary lawful consequences of breach (except those that are expressly excluded by any of the other provisions of this lease) and in particular any right of cancellation of this lease on the ground of a material breach going to the root of this lease.
3.3 If the Lessor cancelled this lease justifiably but the Lessee remains in occupation of the unit(s), with or without disputing the cancellation, and continues to pay rent and any other amounts which would have been payable to the Lessor if it was not for the cancellation, the Lessor may accept these payments without prejudice to and without affecting the cancellation, as if they had been payments on account of the damages suffered by the Lessor by reason of the Lessee’s unlawful occupation.
4. MOVING IN AND VACATION OF STORAGE UNITS
4.1 The Lessor will accommodate the Lessee on the date as per the contract or utilise alternative units till the requested units become available should any previous occupant delay occupation. The Lessor will remit any rent applicable to periods of non-occupation but will not be liable for damages, consequential damages or other rights of action. Contracts will normally terminate on the last day of the calendar month. A minimum of 30 DAYS WRITTEN NOTICE is required.
4.2 The Lessee shall vacate the storage unit(s) not later than 12h00 on the last day of the month or on the appropriate date as the case may be and should ensure that the unit(s) is left clean and free of any waste and/or material. When vacating the rental unit(s) an inspection by the Lessor and Lessee will be conducted of the vacated unit(s). The Lessor will not pay back to the Lessee the deposit unless the aforementioned inspection was held.
5. NATURE OF GOODS TO BE STORED
The Lessee warrants to and in favour of the Lessor that:
• The Lessee is the owner of and/or is entitled in law to be in possession of the goods stored in the unit(s).
• Such goods are not of a dangerous nature, do not have any dangerous characteristics and do not constitute gas bottles, aerosols, paints, firearms or ammunition, corrosive or explosive articles, food, animals, livestock, plants, vermin, stolen goods, drugs or any other items/good which could contaminate or otherwise damage or effect the Lessor’s premises or other goods stored therein or not emit any fumes or odours.
• Notwithstanding the aforesaid, the Lessor may, in its absolute and sole discretion, refuse to permit storage of any goods or items regardless of reason. The Lessor reserves the right to call upon the Lessee to remove any items of this nature found to be on the premises, failing which, the Lessor may in its discretion, remove and dispose of such property.
6. ACCESS TO UNITS
• Once the ‘booking in’ procedures have been completed, access to rented units will thereafter be during the normal business hours of the Lessor.
• The Lessor and its staff reserves the right to make a directive as to who may gain access, without incurring any civil liability. The Lessee declares that he made himself aware of all on-site signage and directives. The Lessee must provide their own locks additional to those provided and operated by the Lessor and its staff. Keys will be retained by the Lessee at all times. Cutting of any locks are not allowed on site for any reason whatsoever. The Lessee is not allowed to sublet to any third party.
7. RISK OF OWNERSHIP
• The Lessor warrants that he is the lawful owner/possessor of all property stored at the Lessor.
• Should the Lessee be a legal person, the natural person signing this contract hereby declares, and fully indemnifies the Lessor against any claim to the contrary and confirms that he is duly authorised by the legal person to sign the relevant documents and that he is personally liable as co-principal debtor for all the obligations of the Lessee.
• All property stored on behalf of the Lessee is at the sole risk of the Lessee.
• The Lessor will make every effort to protect and secure all property belonging to the Lessee but will not be liable under any circumstances, inclusive of but not limited to fire, malicious or accidental acts, acts of God for any damage, destruction or theft of such property or any consequential loss associated thereto.
• The Lessor, its directors, employees, contractors, consultants and/or agents shall not be liable for any loss or damage of any nature whatsoever and howsoever arising, which may be suffered by the Lessee, regardless as to whether such loss or damages was due to any neglect or willful default by the Lessor or such other persons.
• The Lessee shall be required to obtain and pay for its own insurance so as to cover the risk of loss or damage.
8. STORAGE UNIT CONDITION AND USE
8.1 The Lessee may use the storage unit for storage and warehouse purposes only and agree not to use the units to manufacture, sell or conduct other business activities.
8.2 The storage units may not be fitted with fittings and attachments that require nails, bolts, screws or adhesives in/on walls, floors or ceilings.
8.3 Alterations are not permissible and the Lessee shall not have any claim for compensation for any improvement on the premises.
8.4 The Lessee agrees to leave storage units and the facility clean and in the condition they found it. Any damage to the unit(s) should be reported to the Lessor in writing.
8.5 The Lessor may impose at any time any rule to prohibit or restrict activities, manage the driving or parking of vehicles or the utilization of facilities.
8.6 The Lessor reserves the right to cancel this contract, should the Lessee be in breach of its conditions.
9. RISK OF USING THE FACILITY
9.1 The Lessee may enter the premises of the Lessor at any time during office hours as set out or otherwise arranged and make use of its facilities only under the supervision of the Lessor.
9.2 The Lessee use the premises and the facilities, inclusive of but not limited to equipment, doors, gates, machinery, elevators, lifts, trolleys, roads and floor surfaces at their own risk and hereby declare that they have observed and availed themselves of all the potential risks in using the facilities.
9.3 The Lessee hereby indemnify the Lessor against any claims which may result from either the Lessee, his agents or contractors, or any person brought onto the premises by the Lessee or brought onto the premises by the activities of the Lessee, using the premises and facilities and suffering bodily harm or death in any way.
9.4 Please note: No children under the age of 10 years will be allowed on the balcony due to safety concerns.
10.1 Minimum rental is one month or for as long as required on a calendar month basis.
10.2 The first period rental, with deposit, inclusive of VAT as set out per clause 5 above is due on/before taking occupation of the unit(s) under this contract and thereafter on the first day of each month.
10.3 Payments by means of DEBIT ORDER and/or DIRECT FUNDS TRANSFER only.
10.4 Monthly statements of accounts and tax invoices are sent to customers ON REQUEST ONLY.
11. WHOLE AGREEMENT
11.1 This is the entire agreement between the parties on the subject.
11.2 Neither party relies in entering into this lease upon any warranties, representations, disclosures or expressions of opinion which have not been incorporated into this agreement as warranties or undertakings.
11.3 No variation or consensual cancellation of this lease will be of any force unless reduced to writing and signed by both parties.
12.1 No extension of time or indulgence must be interpreted as a waiver of any right in terms of this lease that one party may have against the other.
12.2 The failure of either party to comply with any non-material provision of this lease will not excuse the other party from performing its obligations fully and on time.
13.1 References to notices, statements and other communications by or from the Lessor includes notices by or from the Lessor’s agent.
13.2 Expressions in the singular include the plural, and the other way round.
13.3 Words or phrases indicating natural persons refer also to juristic persons, and the other way round.
13.4 Pronouns of any gender include the corresponding pronouns of the other gender.
13.5 Any provision of this lease placing a restraint, prohibition, or restriction on the Lessee must be interpreted to include the implied term that the Lessee must ensure that everybody occupying or entering the Premises or any other part of the Property or the Building also complies with them. Those people include the family, guests and domestic worker or other employees of the Lessee.
13.6 Clause headings appear in this lease for purposes of reference only and must not influence the proper interpretation of the subject matter.
13.7 South African law will apply to this lease.