Terms & Conditions
The premises leased by Lock, Stock & Store to the Tenant shall comprise the unit leased per the details set out in the above Schedule. Terbiprox (Pty) Ltd trading as Lock, Stock & Store (hereafter referred to
as “Lock, Stock and Store”) hereby lets to the Tenant who hereby hires the Unit from Lock, Stock & Store subject to the terms and conditions set out in this document. No other goods or services are provided or responsibilities taken by Lock, Stock & Store. The Tenant: (i) is deemed to have full knowledge of the goods in the Unit; (ii) 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 this agreement and will form part of
the Lock, Stock & Store’s rental/storage lien, should it be necessary. Lock, Stock & Store (which term includes its managers, employees, and agents) does not and will not be deemed to have knowledge of the goods;
nor is it a bailee or a warehouseman of the goods, and the Tenant acknowledges that Lock, Stock & Store does not take possession of the goods.
1. Upon signing the agreement and prior to occupation of the storage unit, the Tenant must pay to Lock, Stock & Store all initial amounts due as set out in ‘Payable on Signing’. The monthly rental is payable strictly on or before the 1st day of every month, without any setoff or deduction (in respect of the ensuing month).
2. The Tenant may sign a debit order to arrange monthly payment, but 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.
3. The Tenant shall pay to by Lock, Stock & Store R120.00 for each debit order unpaid by the bank as a liquidated damages resulting from the banks administration costs incurred in recovering such overdue payments. This amount excludes rent in arrear as a result of the Tenant’s default
4. 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 VAT invoice and Lock, Stock & Store will be under no obligation to
issue any further VAT invoices
5. Any legal and debt collection costs incurred by Lock, Stock & Store in collecting overdue payments will be for the account of the Tenant, on an attorney and own client scale.
6. In the event of V A T or any other form of taxation imposed by statuteor law, or any regional, local or competent authority being or becoming payable by Lock, Stock & Store on the rental, than this tax shall be for the account of the Tenant.
6. Please note Lock, Stock & Store will under no circumstances, issue refunds, credit or any other type of reimbursement.
FAILURE TO PAY
7. The Tenant acknowledges that
a). all time limits imposed on the Tenant by this agreement must be complied with strictly;
b). all goods in the Unit are subject to a general lien for all rental and/or any other amounts owing to Lock, Stock & Store by the Tenant. In the
event of the rental not being paid in full within 7 (seven) days after
written notice requiring the Tenant to do so, Lock, Stock & Store may
the Unit using such force as is necessary and which shall include, inter alia, the cutting of any padlocks, in the presence of an appraiser and a witness, make an inventory of the goods in the Unit and take possession
of such goods (including the right to remove same) in Lock, Stock & Store’s sole discretion and do any one or more of the following:
i. without further notice or demand, to cancel this agreement (effective on notice to the Tenant) and without derogating from the rights of Lock, Stock & Store 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. ii. 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
iii. Dispose of the goods in any other reasonable manner, as Lock, Stock & Store sees fit.
iv. whenever it is necessary in terms of this agreement to determine the market value of the goods, such value shall be at the expense of the
Tenant be determined by an appraiser appointed by Lock, Stock & Store whose valuation shall be final and binding on the Tenant.
v. Lock, Stock & Store shall be entitled to deny or restrict access to the Tenant (or any person purporting to represent the Tenant) to the Unit
c). If any money is recovered from the sale or disposal of goods, that money shall be applied as follows:
I. First, to pay the costs of and associated with the sale or disposal of the goods (including the cost incurred with respect to any valuation, legal costs on an attorney and own client scale, collection fees and as
may in any other manner have been incurred by Lock, Stock & Store by exercising its rights and/or enforcing its remedies in terms of this
Agreement or in law);
ii. Secondly, all rental and other fees owed to Lock, Stock & Store an any other costs incurred by Lock, Stock & Store in connection with reentering the Unit, storing and selling or disposing of the goods;
iii. Thirdly, any excess will be paid over to the Tenant without interest, the
Tenant hereby waiving their right to claim any interest or damages in respect of the sale.
ACCESS TO AND CONDITIONS OF USE OF THE UNIT
8. The Tenant:
a). Shall be afforded access to the Unit only during the following hours: Monday to Friday (not including public holidays) between 08h00 and 17h00; please note outside normal business hours special arrangements must be made.
Business hours are Sunday - Friday 08h00-17h00; Saturday’s closed;
b). 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 Lock, Stock & Store has free and undisturbed access to the Unit.
c). 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;
d). will use the Unit solely for the purpose of storage and must not carry on any business or any other non-storage activity in the Unit;
e). must maintain the Unit by ensuring it is clean and interior is in a state of good repair.
f). 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;
g). must not physically alter or damage the Unit in any way (including the use of screws or nails) without Lock, Stock & Store’s consent. In the event of damage to the Unit, Lock, Stock & Store is entitled to
claim from the Tenant the value of the repairs required;
h). shall not be entitled to assign or sub-let the unit to any other person must notify Lock, Stock & Store in writing of the change of address
of the Tenant’s or the Alternate Contact Person;
i) grants Lock, Stock & Store entitlement to discuss any` default by the Tenant with the Alternate Contact Person. Any changes to the Tenants’ access list must be in writing signed by the Tenant.
k) Acknowledges that Lock, Stock & Store may refuse access to the Unit by the Tenant where any money owes by the Tenant to Lock, Stock & Store, whether or not a formal demand for payment has been made.
l) Acknowledges that Lock, Stock & Store 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 cost of relocation shall
be for the account of the Tenant.
RISK AND RESPONSIBILITY
9. No oral statements made by Lock, Stock & Store or its employees form part of the agreement. No failure or delay by Lock, Stock & Store to exercise its rights under this agreement will act as a waiver of such
10. 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 whatsoeverincluding any acts or omissions of Lock, Stock & Store or persons under
its control. The Tenant is encouraged take out its own insurance cover.
11. 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, I D documents, passports, driver’s license, or any other statutory documents, fire arms, paintings, curios, works of art and items of
personal sentimental value.
12. The Tenant agrees to indemnify Lock, Stock & Store 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
COMPLIANCE WITH LAWS
13. The Tenant acknowledges it is aware of 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 any and all costs resulting from such breach.
14. If Lock, Stock & Store believes at any time, using its sole 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, Lock, Stock & Store may take any action Lock, Stock & Store believes to be necessary to so comply,
including inspection and termination under clauses 17 and 18. Lock, Stock & Store may also immediately dispose of or remove the goods at the Tenant’s expense, and/or submit the goods to the relevant
INSPECTION AND ENTRY BY THE OWNER
15. Subject to clause 17, the Tenant consents to inspection and entry of the Unit by Lock, Stock & Store on 5 days written notice.
16. In the event of an emergency, that is, where Lock, Stock & Store believes that laws are being broken, or where property, the environment or human life is, in the reasonable opinion of Lock, Stock &
Store, threatened, Lock, Stock & Store may enter the Unit using all necessary force without the written consent of the Tenant. Lock, Stock & Store will notify the Tenant as soon as practicable. The Tenant irrevocably consents to such entry
SEARCH OF UNIT
17. By signing this Storage Lease Agreement the Tenant:
a). acknowledges that it has been advised in writing by Lock, Stock & Store of the salient 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 Lock, Stock & Store 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 Lock, Stock & Store 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 if necessary according to the law, or in the reasonable opinion of Lock, Stock & Store, 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 Lock, Stock & Store providing the relevant officials and authorities under the said legislation or any other prevailing laws with the said information and documentation.
b) holds Lock, Stock & Store 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 Lock, Stock & Store 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 Lock, Stock & Store 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.
18. a) Either party may terminate this agreement by giving the other party written notice to the address indicated on page 2 of this Agreement in terms of Clause 19 of the Agreement, or, in the event of Lock, Stock & Store not being able to contact the Tenant, the Alternate Contact Person identified on the front of this agreement.
b). In the event of illegal or environmentally harmful activities on the part of the Tenant, Lock, Stock & Store may terminate the agreementimmediately on written notice to the Tenant to that effect.
c). 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 Lock, Stock & Store on the date specified. The
Tenant must pay any outstanding moneys and any expenses on default or other moneys owed to Lock, Stock & Store up to the date of termination, or failing which, Lock Stock & Store may enforce its rights in
terms of clause 7b. Any calculation of the outstanding rental will be by Lock, Stock & Store and such calculation will be final and
payable on presentation.
d) If Lock, Stock & Store enters the Unit under clause 7b and there are no goods stored there, Lock, Stock & Store may terminate the agreement immediately.
19. Any notice to be given in terms of this agreement shall be sent by prepaid registered post, sent by fax or e-mail to the details chosen by the party concerned. In the event of Lock, Stock & Store not being able to
contact the Tenant, notice is deemed to have been given to the Tenant if Lock, Stock & Store gives or makes reasonable attempts to give that notice by post, fax e-mail to address of the Tenant or to the Alternate
Contact Persons as identified on the front of this agreement.
20. 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:
Lock, Stock & Store: The Premises in which the Unit I situate
TENANT: As per Tenant’s physical address provided on page 2.
21. If Lock Stock and Store cancels this Tenant and the Tenant disputes the right to cancel and the Tenant’s goods remain in occupation of the Unit, the Tenant shall, pending settlement of any dispute either by
negotiation, arbitration or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent provided for in this agreement, monthly in advance on the 1st (FIRST) business day of each month, without setoff or deduction, and the Lessor shall be entitled to accept and recover such payments.
22. 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.
23. No amendment, deletion, addition to or suspension of any provision of this agreement or any waiver of any provision shall be of any force or effect unless in writing signed by Lock, Stock & Store and the Tenant.
I, the undersigned, hereby declare and warrant that I am the lawful owner of all goods which shall be stored in the Unit at any time and from time
1. That I have carefully read and understand the contents of this Lease Agreement which pages I have initialled.
2. That I am the Tenant and/or am duly authorized generally to represent and to act for and bind the Tenant.
3. That I am a director/member/partner/sole proprietor/ authorised agent of the Tenant.
4. That the information in this agreement is true, correct and up to date. That if, after the termination of this Storage Lease Agreement, the Tenant fails to pay any outstanding amounts then owed to Lock, Stock & Store and remove the Contents from the unit, it shall be irrefutably deemed that the contents have been abandoned by the Tenant, and in the case where the Tenant is not the owner thereof, by the owner thereof, and that Lock, Stock & Store may dispose of the contents as provided in clause 7b.
1. Minimum of 1 full calendar month’s rental is required this is payable upfront.
2. The tenant has to complete the debit order section on page 1 to facilitate monthly payments. No cheques will be accepted. The initial payment can be done by internet transfer or cash deposit into managing agents bank account only.
3. One full month’s written notice is required (i.e. the 1st day of the month in which you plan on vacating) the unit must be vacated on or before the last day of the month for which rent has been paid.
4. Tenant’s lock must be removed upon termination of occupancy and a vacation slip signed by Lock, Stock & Store. Failure to remove lock will result in you being charged the next month’s rental and late fees.
5. We do not prorate when you vacate a unit before the month end.
6. Please keep us updated of any address changes and/or phone number changes. Until we are notified in writing with your signature, the only valid address and telephone number present is on the lease.
7. We do send monthly invoices. The Storage Lease Agreement is a valid VAT invoice. The tenant’s lease agreement together with their proof of payment is accepted by the Receiver for VAT purposes.
8. Rental is due on the 1st of each month. An R120.00 penalty is charged for any overdue payments and the tenant’s store will be locked until payment is received. If rental is not paid for more than a month, 7 days’ notice will be issued whereby goods will be appraised and auctioned for outstanding rentals.
9. A partial payment will not stop fees or official procedures.
10. Please state your Tenant Account Number as a reference when making bank transfers. Without this reference, we cannot trace who the payment is from, and will not be able to reflect the payment to your account.
11. All goods need to be insured. We are not liable for any loss or damage to your goods.
12. Office hours are strictly 8AM-17:00PM WEEKDAYS. ACCESS AFTER HOURS IS ONLY BY ARRANGEMENTS 24hrs PRIOR. Keys are kept off the premises.
13. Please purchase your padlock at our BOX SHOP to lock up your unit and keep your keys with you. Neither our staff nor security is allowed to keep the keys so please do not ask them.
I ACKNOWLEDGE THAT I HAVE READ THE ABOVE INFORMATION AND AGREE TO ALL TERMS AND CONDITIONS
IMPOSED BY LOCK, STOCK & STORE.