TERMS AND CONDITIONS OF LEASE (“THE TERMS”)
These standard terms and conditions (“the Terms”) and Annexure “A”
and Annexure “B” attached hereto are attached to and made part of
the Rental Agreement (collectively the “Agreement”) between
Tenant and Lock a Store (PTY) Ltd in connection with the rental of
the Storage Unit from Lock a Store (PTY) Ltd as set forth in the
Rental Schedule to which these Terms are attached.
3. Subject to compliance with this Agreement, Tenant shall
be afforded access to the Store during the hours as set out
in the rental Schedule for the purposes of depositing,
removing, substituting or inspecting the Goods. No access
to the Storage Unit will be permitted for any other
purposes or outside Access Hours. Lock a Store (PTY) Ltd
will try to provide advance warming of changes in Access
Hours by notices at the Store, but we reserve the right to
change Access Hours to other reasonable access times at
any time without giving any prior notice.
1. Lock a Store (PTY) Ltd hereby lets to Tenant the Storage
Unit (as set forth on the Rental Schedule attached hereto)
located at the Store and Tenant hereby accepts the lease
upon the terms and conditions as set out in the Rental
Schedule as read with these Terms.
2. Lock a Store (PTY) Ltd shall not be deemed to have
warranted or represented to Tenant that the Storage Unit is
fit for the purpose for which it will be utilized by Tenant.
All Storage Unit sizes are approximate and Lock a Store
(PTY) Ltd accepts no responsibility for their accuracy. In
agreeing to the Terms of this Agreement, Tenant accepts
that it applies to the Storage Unit used by the Tenant and
not any Storage Unit represented.
3. Subject to compliance with this Agreement, Tenant shall
be afforded access to the Store during the hours as set out
in the rental Schedule for the purposes of depositing,
removing, substituting or inspecting the Goods. No access
to the Storage Unit will be permitted for any other
purposes or outside Access Hours. Lock a Store (PTY) Ltd
will try to provide advance warming of changes in Access
Hours by notices at the Store, but we reserve the right to
change Access Hours to other reasonable access times at
any time without giving any prior notice.
DURATION
4. This Agreement will commence on the Commencement
Date and expires on the last day of the month. Unless
otherwise agreed, the Agreement shall automatically
renew for further periods of 1 (one) month each thereafter,
subject to the provisions of clauses 5 and 40.
5. Tenant agrees to provide 14 (fourteen) day written notice
to Lock a Store (PTY) Ltd of his/her intention to vacate
the Storage Unit and terminate the Agreement, provided
that should such notice of termination expire prior to the
end of a calendar month, the full month’s rental hall still
be payable in respect of that month. Lock a Store (PTY)
Ltd agrees to provide 14 (fourteen) days written notice to
Tenant of its intention to terminate the Agreement subject
to the provisions of clause 40.
DEPOSIT
6. Upon signature of this Agreement, Tenant shall be
required to pay the Deposit set forth in the Rental
Schedule to Lock a Store (PTY) Ltd, which Deposit shall
not accrue interest, and shall be equal to 1 (one) month’s
Rental, provided that tenant signs the debit order form
attached hereto as Annexure “B” and that such debit order
remains in effect for the duration of this Agreement. If
Tenant does not provide credit card details as required in
Annexure “B”, Tenant agrees to pay Deposit equal to 2
(two) months’ Rental, unless Lock a Store (PTY) Ltd
expressly waive this requirement.
7. Should Tenant decide to cancel the debit order at any time
prior to the termination of this Agreement, Lock a Store
(PTY) Ltd shall be entitled to give Tenant written notice
that it requires an immediate payment fro Tenant to
increase the Deposit to an amount equal to 2 (two)
months’ Rental.
8. Lock a Store (PTY) Ltd shall be entitled to use all or any
part of the Deposit to cover the cost of any repairs to the
Storage Unit or Store for which Tenant is liable in term of
this Agreement or in law, and for any other costs or
damages occasioned by Tenant’s breach of any provision
of this
Agreement or which may arise in law.
9. Provided that there is no money due to Lock a Store (PTY)
Ltd, the Deposit or balance thereof, as the case may be,
shall be returned to Tenant by no later that 30 (thirty) days
after the date of termination of the Agreement.
10. Should the Deposit not cover the cost of repairs or other
costs incurred by Lock a Store (PTY) Ltd due to a breach
by Tenant, Tenant will be liable for such costs as incurred
by Lock a Store (PTY) Ltd.
11. It is specifically recorded that the Deposit may not be used
by Tenant as payment for the last month’s Rental or for
any other Rental or charge or other amount due to Lock a
Store (PTY) Ltd in terms of this Agreement without the
prior written consent of Lock a Store (PTY) Ltd.
RENTAL
12. In consideration for the lease of the Storage Unit as set
forth herein, Tenant shall pay Lock a Store (PTY) Ltd the
Rental amount stipulated in the rental Schedule, it being
acknowledged that Lock a Store (PTY) Ltd is not required
to send out invoices or statement for monthly Rental
charges.
13. The Rental is payable monthly in advance on or before the
first day of each month and shall be settled by way of debit
order in accordance with the debit order authorization
form signed by Tenant and attached hereto.
14. In the event that his Agreement commences on a day
which is not the 1st day of a month, Tenant will be liable
for a minimum of one month’s Rental upfront and the 2nd
month’s Rental will be prorated to the last day of the next
month.
15. Rental payments made after the 10th day of the month are
subject to payment of a late fee (“the Late Fee”). Lock a
Store (PTY) Ltd is not required to provide notice to Tenant
that
the Rental payment has not been received by Lock a Store
(PTY) Ltd by the 10th day of the month.
16. All payments made to Lock a Store (PTY) Ltd pursuant to
this Agreement shall be applied first to administrative
charges and costs (such as Late Fees) before the balance
shall be applied to accrued and unpaid Rental.
17. Should Tenant fail to vacate the Storage Unit and remove
its lock on the last day of the relevant month subject to the
provisions of clause 5, then this Agreement shall
automatically renew for further periods of 1 (one) month
each thereafter. Any vacated Storage Unit must be jointly
inspected and signed-off in writing by both Lock a Store
(PTY) Ltd and Tenant. Any debit order in place shall
continue until this process has been successfully
completed.
18. Tenant hereby agrees that:
18.1 there are no pro-rated Rental refund in the event
that it vacates the Storage Unit before the last
day of the month.
18.2 if the Storage Unit is vacated at any time
without the required notice in terms of clause 5
having been provided. Lock a Store (PTY) Ltd
shall be entitled to retain Tenant’s
Deposit, and
18.3 if the Storage Unit is vacated on or after
the 1st of the month, a full month’s rent
shall be due in respect of such month.
19. Lock a Store (PTY) Ltd reserves the right to increase the
Rental
from time to time by giving written notice of not less that
30 (thirty) days. If the Tenant does not accept the increase,
Tenant shall be entitled to cancel the Agreement in
accordance with clause 5 above.
20. Tenant shall not be entitled to withhold, delay or abate
payment of any amounts due to Lock a Store (PTY) Ltd in
term of this Agreement by reason of any breach or alleged
breach of the obligation of Lock a Store (PTY) Ltd.
INSURANCE
21. Tenant hereby acknowledges that Lock a Store
does not carry any independent insurance which in
any way covers any loss whatsoever that Tenant may
have or suffer by renting the Storage Unit or by using the
Store (as set out in clause 4 of Annexure A) and hereby
expressly releases and indemnifies Lock a Store (PTY)
Ltd, as well as Lock a Store’s employees, directors, and
agents
from any liability for any losses and/or damages to any
of Tenant’s Goods in or about the Storage Unit or
Store caused by, inter alia, fire, theft, water, rainstorm,
tornado, explosion, riot, rodents, civil disturbances,
insects, sonic boom, land vehicles, unlawful entry, or any
other cause whatsoever, nor shall Lock a Store (PTY)
Ltd be liable to Tenant and/or Tenant’s guests or
invitees or agents while in or about the Storage Unit or
the Store and Tent’s indemnity extends to any claims by
such persons.
22. All Goods stored in the Storage Unit shall be so stored at
Tenant’s sole risk and Tenant hereby assumes sole
responsibility for the safety of the Goods and any loss or
damage to the Goods stored by Tenant in the Storage Unit
at the Store.
DEBIT ORDER
23. By signing the debit order authorization attached hereto as
Annexure “A”, Tenant explicitly authorizes Lock a Store
(PTY) Ltd to recover the following fees and costs via the
debit order:
23.1 Rental, including any increased Rental amount
pursuant to the Terms of this Agreement;
23.2 Late fees; and
23.3 Any bank charges or other administrative costs
incurred by Lock a Store (PTY) Ltd due to the late
payment by Tenant.
WARRANTIES
24. Tenant hereby warrants to and in favour of Lock
a Store (PTY) Ltd that:
24.1 Tenant is the lawful owner of all Goods stored
at the Store and, where applicable, the natural
person (i.e. the Signatory, as defined in clause
50) signing on behalf of Tenant is duly
control access to the Storage Unit;
24.2 Tenant shall not place or keep in the Storage
Unit or Store food or perishable goods, unless
approved by Lock a Store (PTY)Ltd, plants,
birds,fish, animals, or any other creatures;
explosives, flammable liquids, chemicals,
radioactive materials, biological agents, toxic
waste, asbestos or other materials of a
potentially dangerous nature; any item which
emits any fumes, smells or odour; any illegal
substances, illegal items or goods illegally
obtained; or anything that may damage the
Storage Unit or Store in any way or other
goods prohibited by law;
24.3 Tenant agrees to abide by any rules
promulgated by Lock a Store (PTY) Ltd
governing the use of the Store from time to
time and comply agents or contractors at the
Store;
24.4 Tenant shall not permit or cause any damage to
the Storage unit or Store; and
24.5 at the expiration or termination of this
Agreement (as the case may be) Tenant shall:
24.5.1 remove its lock, vacate the Storage
Unit and provide peaceable
possession of the Storage Unit to
Lock and Store;
24.5.2 vacate the Storage Unit not later
that 12(twelve) midday on the
applicable date and during office
hours unless prior arrangements
have been made with Lock a
Store (PTY)Ltd; and
24.5.3 leave the Storage unit in a clean,
empty and good condition and free
of any waste material, ready to be
re-rented,
And hereby indemnifies and holds Lock a Store (PTY) Ltd harmless
from any liability or costs which may be incurred by Lock a Store
(PTY) Ltd as a result of Tenant’s breach of the above warranties and
furthermore indemnifies Lock a Store (PTY) Ltd against any claim or
cause of action arising out of Tenant’s use of the Storage Unit or
access to the Store.
FURTHER OBLIGATIONS OF TENANT AND TERMS OF
USE
25. The Tenant shall be obliged to provide a thumb print in
order to gain access to the Store. Entry will not be granted
to the Store unless the Tenant appears personally to
present a thumb print.
26. Tenant agrees that it shall be liable for any damage to the
Storage Unit, and to any storage unit leased to other
tenants, as a result of Tenant’s or Tenant’s agents’, guests’,
invitees’, or representatives’ actions, and the costs of
repair in respect thereof shall be billed to Tenant
accordingly.
27. Tenant agrees that it shall be liable for any damage to the
Store as a result of Tenant’s or Tenant’s agents’, guests’,
invitees’, or representatives’ actions, and the costs of
repair in respect thereof shall be billed to Tenant
accordingly.
28. Tenant must immediately notify Lock a Store (PTY) Ltd in
writing of a ny change in Tenant’s contact details
(including Tenant’s email address) set out in the Rental
Schedule.
29. Tenant agrees not to let, sublet, or assign the whole or any
part of the Storage Unit without the prior written consent
of Lock a Store (PTY) Ltd in each instance.
30. Tenant further agrees:
30.1 to leave the aisles, ramp way and service
area of the Store clear, not to block other
tenants’ storage units and exercise courtesy
to others and reasonable care for Tenant’s
own safety and that of others using these
areas;
30.2 to meet delivery drivers promptly and to
ensure that the front driveway or gate is not
blocked under any circumstances;
30.3 not to use the Storage Unit as offices or living
accommodation or as a home or business address and not
use the address of the Store or the Storage Unit for
receiving or sending mail;
30.4 not to leave any waste or refuse that is created by storing
the Goods. Tenant agrees to be charged the reasonable
costs of disposing of such waste or refuse if Tenant fails to
comply with this undertaking;
30.5 not to affix shelving or other articles to the walls,
ceiling or doors of the Storage Unit;
30.6 not to use the Storage Unit to manufacture, sell or conduct
other business activities or use the Storage unit or Store for
any purpose other than for the purpose of storing the
Goods as specified in the rental schedule whatsoever
without Lock a Store (PTY) Ltd’s prior written consent,
which consent shall not be unreasonably withheld;
30.7 to inform Lock a Store (PTY) Ltd immediately in writing
of any damage or defect to the Storage unit; and
30.8 that Lock a Store (PTY) Ltd may, in its discretion,
deny access to the Storage unit and/or the Store in
case of emergencies.
31. Because the nature and type of the Goods being stored by
Tenant from time to time is entirely within Tenant’s
discretion (subject to clauses 24.2, 30.3, 30.5 and 30.6):
31.1 tenants must ensure that the Storage Unit is suitable for
the storage of the Goods that tenant stores or intends to
store in it.
Lock a Store (PTY) Ltd does not warrant or
represent that any Storage unit allocated to Tenant
is a suitable place or means of storage for any
particular goods. Lock a Store (PTY) Ltd strongly
advise a Tenant to inspect the Storage Unit before
storing Goods in the Storage Unit and from time to
time throughout the period of this Agreement;
31.2 tenant must ensure that when the Goods
are presented for storage, they will be securely and
properly packed or bottled (as the case
may be) and in such condition as not to cause damage or
injury to the Store or to any other property, whether by
spreading damp, festation, leakage or the escape of fumes
or substances or otherwise howsoever; in addition, the
Goods will not be perishable or include any animal or
other living creature; and
32. In the event that Tenant does not pay the Rental or other
charges, the Goods are left in the Storage unit at tenant’s
sole risk. Lock a Store (PTY) Ltd excludes any liability in
respect of the Goods when payment of Rental or charges is
overdue and excludes any duty of care howsoever arising.
33. Tenant must provide its own lock and keep the Storage
Unit locked at all times, by using only one lock per unit
door latch. Tenant must ensure the Storage Unit is locked
so as to prevent unauthorized entry when Tenant is not
using the Storage Unit. Lock a Store (PTY) Ltd reserves
the right to remove any additional locks.
34. Tenant permits Lock a Store (PTY) Ltd and its agents and
contractors to enter the Storage Unit and if necessary to
break the lock to gain entry if Lock a Store (PTY) Ltd:-
34.1 provides Tenant not less that 7 (seven) days’
notice to inspect the Storage Unit or carry out
repairs, maintenance and alterations to it or any
other storage unit or part of the Store;
34.2 at any time without notifying Tenant if Lock a
Store (PTY) Ltd:-
34.2.1 reasonable believes that the Storage
Unit contains any items described in clause 24.2 or is being used in
breach of clause 30.3, 30.5 and 30.6
or such entry is
effected incidental to the exercise of
our powers pursuant to clause 39;
34.2.2 wishes to ascertain whether the
Storage unit contains any items
described in cause 24.2;
34.2.3 is required to do so by the Police,
Fire Services, Local Municipality or
by a Court Order;
34.2.4 believes it is necessary in an
emergency for any purpose
including that in clause 34.1;
34.2.5 Obtains access in accordance
with clauses 35 and 39; or
34.2.6 is to prevent injury or damage to
persons or property.
35. This Agreement shall not confer on Tenant any right to
exclusive possession of the Storage Unit:
35.1 Lock a Store (PTY) Ltd may at any time by
giving
Tenant 7 (seven) days’ written notice require
Tenant to remove the Goods from the Storage
Unit to another storage unit specified by Lock a
Store (PTY) Ltd which shall not be smaller
than the current storage unit:
35.1.1 in the event of a fire or flood or
similar incident or occurrence at
the Store which in Lock a
Store (PTY) Ltd’s opinion
requires the Storage unit or any
part of the Store to be closed or
sealed off; or
35.1.2 if the Store or any part of the Store
is closed for redevelopment.
35.2 Lock a Store (PTY) Ltd agrees to pay
Tenant’s reasonable costs of removal
which have been approved in writing by
Lock a Store (PTY) Ltd in advance of
the removal.
35.3 if Tenant does not arrange the removal of
Goods to the alternative storage nit by the date
specified in Lock a Store (PTY) Ltd’s notice,
Lock and
Store and its agents and contractors may enter
the Storage Unit and do so. In doing so, Lock a
Store (PTY) Ltd and its agents and contractors
will act as your agent and the removal will be
at your risk (except for loss or damage caused
willfully or negligently by Lock a Store (PTY)
Ltd and our agents and contractors).
35.4 if the Goods are moved to an alternative storage
unit, this Agreement will be varied by the
substitution of the alternative storage unit but
shall otherwise continue in full force and effect
and Lock a Store (PTY) Ltd’s Rental at the rate
set out in the Rental Schedule and amended
from time to time in accordance with this
Agreement will continue to apply to our use of
the alternative storage unit.
36. In the event that Tenant chooses to make use of the Lock a
Store (PTY) Ltd van transport service, Tenant herby
agrees to abide by the terms of use applicable to such
service (which will be provided to Tenant separately
should it choose to make use thereof) and herby further
acknowledges and agrees that:
36.1 such service is only available for a move-in and
is not available for transporting the Goods when Tenant vacates the Storage Unit.
36.2 by using such service Tenant shall be deemed
to indemnify and hold Lock a Store (PTY) Ltd,
as well
as Lock a Store (PTY) Ltd’s employees,
directors, and agents from any liability,
harmless against any loss or damage Tenant
may suffer as a result of using such service;
and
36.3 Tenant shall make use of such service entirely
at its own risk.
LIMITATION OF LIABILITY
37. Lock a Store (PTY) Ltd shall not be liable to Tenant or
any third party, whether in contract, delict or otherwise,
for any direct, indirect or consequential damages including
(without limitation) loss of data, profits, or custom, and/or
business foregone, whether foreseeable or not and whether
or not in the contemplation of the parties at the time of the
conclusion of this Agreement.
BREACH
38. If Tenant:
38.1 commits a material breach of this
Agreement and fails to remedy such breach
within the time period specified in terms of
this Agreement or as may be specified by
Lock a Store (PTY) Ltd by way of written
notice to the Tenant, as the case may be; or
38.2 goes into provisional or final liquidation
or has a petition presented for its winding up
or liquidation; or
38.3 commits a material breach of this Agreement
that is not remediable, then (and in any such
case) Lock a Store (PTY) Ltd may, without
prejudice to any other rights or remedies in
law, including the right to claim damages and
the right to require specific performance, and
without being liable to Tenant for any loss or
damage which may be occasioned, give written
notice to Tenant to terminate this agreement;
38.4 is in arrears with Rental and/or any other
amounts due and payable to Lock a Store
(PTY) Ltd on or after the 7th day of the
month in respect of which such Rentals or
other amounts fall due, then Lock a
Store (PTY) Ltd shall be entitled to deny
Tenant access to the Storage unit by
overlocking the Storage Unit until the amount
in arrears has been paid in full.
PAYMENT
39. The Prompt Payment of each and every sum whether
invoiced or not, owing by Tenant to Lock a Store (PTY)
Ltd from time to time under their Agreement or any other
agreement between Tenant and Lock a Store (PTY) Ltd
(“Tenant’s Debt”) is of the essence of this Agreement.
Prompt Payment is defined as payment of each and every
sum due under this Agreement on the first day of each
month and, in respect of any sum being due under any
other agreement between Lock a Store (PTY) Ltd and
Tenant, payment within five days of the sum being
demanded in writing.
39.1 The terms of this clause 41 are additional to and
without prejudice to all or any rights or remedies in
law.
39.2 In the event of a default of the Prompt Payment of
Tenant’s Debt:
39.2.1 Lock a Store (PTY) Ltd is relieved of any duty
howsoever arising in respect of the Goods; and
39.2.2 the Goods are held solely at Tenant’s risk and
Lock a Store (PTY) Ltd shall be able to
immediately exercise the lien described below.
39.3 Tenant hereby acknowledges and agrees that in addition
to the pledge provided for in
clauses 42 to 44 below, Lock a Store (PTY) Ltd shall have
a lien on all Goods stored within the Storage Unit to secure
payment of all amounts due to Lock a Store (PTY) Ltd
under this Agreement and that in terms thereof Tenant
shall not be entitled to remove any Goods from the Storage
Unit until payment of Tenant’s
Debt in full has been received by Lock a Store (PTY) Ltd
in cash, electronic funds transfer or, if by cheque, until the
cheque has been paid by
Tenant’s bank.
39.4 In default of the Prompt Payment of Tenant’s
Debt, Tenant authorizes Lock a Store (PTY) Ltd:-
39.4.1 to refuse Tenant and Tenant’s agents
access to the Goods, the Storage unit and
the Store;
39.4.2 to access the Storage Unit and inspect and
remove the Goods to another Storage Unit or
Store and Tenant agrees to be liable for any
damage, loss or expenses incurred as a result
thereof, and
39.4.3 to hold onto and/or ultimately dispose of
some or all of the Goods.
39.5 In the event that Tenant’s Debt is not paid 30 days after
the first day of the month or Tenant fails to collect the
Goods after Lock a Store (PTY) Ltd has required Tenant
to collect them or upon expiry or termination of this
Agreement, Lock a Store (PTY) Ltd may, subject to clause
39.7, sell the Goods and pass all ownership to them and
use incurred by Lock a Store (PTY) Ltd and secondly in
paying Tenant’s Debt and to hold any balance for Tenant.
Interest will not accrue to Tenant on the balance.
39.6 If the proceeds of sale are insufficient to discharge all or
any part of the costs of sale incurred by Lock a Store
(PTY) Ltd and Tenant’s Debt (including the costs
described in clause 42), Tenant must pay any balance
outstanding to Lock a Store (PTY) Ltd within 7 (seven)
days of a written demand from Lock a Store (PTY) Ltd,
which will set out the balance remaining due to Lock a
Store (PTY) Ltd after the net proceeds of sale have been
credited to Tenant. Interest will continue to accrue on
Tenant’s Debt until payment has been made.
39.7 Before Lock a Store (PTY) Ltd sells the Goods, Lock a
Store (PTY) Ltd will give Tenant notice in writing of the
amount of Tenant’s Debt at the date of the notice and that
in default of payment within 14 (fourteen) days of the date
of the notice, Lock a Store (PTY) Ltd will sell the Goods
in the manner set out in the said notice. Lock a Store
(PTY) Ltd does not agree to give Tenant any further notice
of any
39.8 Lock a Store (PTY) Ltd will sell the Goods by a method(s)
reasonably available to achieve a selling price reasonably
obtainable in the open market, taking into account the
costs of sale.
39.9 If the Goods cannot reasonably and economically be sold
(for any reason whatsoever) or they remain unsold despite
Lock a Store (PTY) Ltd’s efforts, Tenant authorises Lock
and tore to treat them as abandoned by Tenant and to
destroy or otherwise dispose of them at tenant’s cost.
39.10 Tenant will pay Lock a Store (PTY) Ltd’s reasonable costs
incurred in administering the debt collection and sale
process described in this clause. These costs will include
(without limitation) auction costs, removal costs, cleaning
costs and charges for Lock and
Store’s own time.
39.11 If Tenant’s Debt is paid to the satisfaction of Lock a Store
(PTY) Ltd prior to the Goods being sold, Lock a Store
(PTY) Ltd shall restore Tenant’s access to the stored
Goods. In such an event it is
Tenant’s responsibility to replace their lock at the time of
payment to ensure the security of its Storage Unit.
40. In addition to the above remedies:
40.1 In the event Lock a Store (PTY) Ltd institutes
any legal action against Tenant as a result of
non-payment of Rental and/or any other
amounts due to Lock a Store (PTY) Ltd in
terms of this Agreement, Tenant agrees to pay
the costs on the attorney and client scale;
40.2 Tenant agrees that in the event of any legal
action being instituted against Tenant pursuant
to clause 40.1 or as a result of a breach of this
Agreement, Tenant shall pay all the costs
incurred in respect thereof on an attorney an
own client scale, including all collection fees
and any tracing charges that may be incurred
from time to time.
40.3 Should payment in respect of any amounts in
arrears not have been received by Lock a Store
(PTY) Ltd by the 15th of the month in question,
Lock a Store (PTY) Ltd shall be entitled, but
not obliged, to take action in terms of Section
32 of the Magistrate’s Court Act, whereby an
ordinary summons will be issued and the
Goods stored in the Storage Unit attached to
cover Lock a Store (PTY) Ltd’s expenses and
by amounts due to Lock a Store (PTY) Ltd
under the terms of the Agreement.
41. A partial payment of amounts in arrears will not stop fees
or charges being incurred or official procedures being
implemented. Any agreement between Tenant and Lock a
Store (PTY) Ltd to extend the payment dates or defer sale
of Goods must be in writing and signed by both parties to
be binding.
PLEDGE
42. As security for its obligations in terms of this Agreement,
Tenant hereby pledges to Lock a Store (PTY) Ltd all
goods stored by Tenant in the Storage Unit.
43. Tenant agrees that the act of storing goods in the Storage
Unit will constitute delivery of the said goods to Lock a
Store (PTY) Ltd thereby constituting the pledge.
44. Lock a Store (PTY) Ltd shall have the right of parate
executie, as set out in cause 39.
NOTICES AND DOMICILIA
45. Any notice to be given pursuant to the terms of this
Agreement shall be given in writing to the party due to
receive such notice at its chosen domicilium, being: (i) in
the case of Tenant at the Physical Address of Tenant,
subject to clause 50 below, as set forth in the Rental
Schedule; and (ii) in the case of Lock a Store (PTY) Ltd at
19 Bertha road, Mostyn Park. Notices shall be delivered
personally or by courier or by facsimile or email
transmission and shall be deemed to be given in the case of
personal delivery on delivery and in the case of couriering
(in the absence of evidence or earlier receipt) 48 (forty
eight) hours after delivery to the courier company and in
the case of facsimile or email transmission on completion
of the transmission provided that the sender shall have
received printed confirmation
46. Further to the above, Tenant agrees that written notice
provided by email to the email address specified by Tenant
in the Rental Schedule, and updated by Tenant from time
to time in accordance with clause 28, will be deemed to be
valid written notice provided.
GENERAL
47. Any right granted herein to Lock a Store (PTY) Ltd may
be exercised by Lock a Store (PTY) Ltd’s rental agent or
other representative or agent.
48. If this Agreement is signed for Tenant by a person (“the
Signatory”) acting as an agent on behalf of Tenant, then
that Signatory in their personal capacity shall be liable for
all the obligations imposed on Tenant in terms of this
Agreement in the event Tenant fails to comply with its
obligations in terms hereof.
49. All of the schedules and/or annexes hereto are
incorporated herein and hall have the same force and effect
as if they were set out in the body of this Agreement.
50. This Agreement shall extend to and be binding upon the
parties hereto, their heir, executors, administrators and
assigns.
51. No extension of time or indulgence granted by Lock a
Store (PTY) Ltd to Tenant shall be deemed in any way to
affect, prejudice or derogate from the rights of Lock a
Store (PTY) Ltd in any respect under this Agreement, nor
shall it in any way be regarded as a waiver of any rights
hereunder, or a novation of this Agreement.
52. The terms of this Agreement form the sole contractual
relationship between the parties in relation to the subject
matter of the Agreement and no variation of this
Agreement shall affect the terms hereof unless such a
variation shall be reduced to writing under the hands of the
parties hereto.
53. If any provision of this Agreement is unenforceable then
Lock a Store (PTY) Ltd in its sole and absolute discretion
shall be entitled to elect at any time that any unenforceable
provision be severed for the remaining provisions of this
Agreement, which shall
54. For the avoidance of doubt, these terms, the Rental
Schedule and Annexure “A” set forth the entire agreement
between the parties relating to the subject matter hereof
and cancel and supersede all or any prior agreements or
negotiations between the parties hereto relating to the
subject matter.
55. If the Store should be destroyed or so damaged that it an
no longer be beneficially occupied by Tenant, this
Agreement shall automatically terminate when that
happens unless the parties agree otherwise in writing.
56. In the event this Agreement pertains to the rental of a
parking by, all references to Storage Unit are deemed to be
references to the said parking bay.
57. If Tenant transfers the contents of the Storage Unit to a
different storage unit (“the new Unit”) at the Store for
whatever reason, these Terms, the Rental Schedule and
Annexure “A” are deemed to apply to the new Unit, save
that the Rental shall be the prevailing rental for the New
Unit at the date of transfer.
58. Any defined terms not defined in these Terms shall have
the meaning given to them on the Rental Schedule to
which these Terms are attached.
59. These Terms shall be read with the Rental Schedule to
which they related and in the event of any conflict between
these Terms and the terms of the Rental Schedule, the
terms of the Rental Schedule shall take precedence, but
solely to the extent of such conflict.
60 This Agreement shall be construed and governed in
accordance with the laws of the Republic of South Africa
and the parties agree that any magistrate court which has
jurisdiction over the person of Tenant shall have
jurisdiction to entertain any action or proceeding that may
arise out of this Agreement.