ALTERNATIVE STORAGE (AS) – TERMS & CONDITIONS OF STORAGE UNIT RENTAL

DEFINITIONS:
1. “Agreement” means this document of “standard terms and conditions” read together with the “Storage Application Form”. By signing the “Storage Application Form” you unconditionally signify your assent to the terms of this Agreement and as such the Agreement becomes legally binding between you and AS and further, you warrant that the information you have inserted into the Client Application Form is true and correct in all respects.
2. “Customer” means to the person or entity making use of the storage of AS, whether acting in his / her personal capacity or in his capacity as agent or otherwise on behalf of a third party.
3. “Deposit” means an amount equal to 1 (one) months Rental.
4. “We”, “us” or “AS” refers to Alternative Storage (Pty) Ltd, which carries on business as a storage provider of the Goods warehoused and stored at its premises and includes its employees, servants or assigns and agents.
5. “Client Application Form” means the application form sent to Customers detailing the Customer’s personal details and indicating the Customers consent and agreement to the terms and conditions set out more fully in this Agreement.
6. “Premises” means the building or facility owned by the AS, where the Storage Unit is located, which building is situated at Brackengate Business Park, 58 London Circle, Brackengate, Brackenfell South.
7. “Storage Unit” means the specific storage unit allocated to the Customer to store the Goods on behalf of the Customer, as identified in the order form.
8. “The Goods” means the goods which the Customer stores at the Premises.
9. “The Rental” means the rental of a Storage Unit by a Customer at the Premises in terms of this Agreement.
10. “Lien” means the real right that AS has over the Goods of the Customer and the Customer is specifically referred to the provisions of this agreement in this regard.
GRANT OF USE:
1. The AS grants the Customer the right to use the Unit solely for the storage of Goods in the Storage Unit.
2. This Agreement does not create a tenancy of immovable property, and the Customer shall not acquire any absolute real rights in the Storage Unit.
PERMITTED USE:
1. The Customer shall not:
RENTAL AND DEPOSIT
1. The Customer shall the rental monthly in advance, on or before the first day of each month.
2. AS may increase the rental on one calendar months’ notice in writing (via email).
3. The Deposit and first month’s rent are payable before occupation.
4. The Deposit shall be retained by the AS as security for the due performance of the Customer’s obligations. The Deposit (less deductions for damages, arrears, or other amounts owing) shall be refunded within 30 (thirty) days after the Customer vacates the Unit.
5. Customers must remove all Goods and rubble at the termination of the Agreement and return the Storage Unit to AS in the condition in which it was received at the commencement date. A refundable R200 cleaning fee is charged upfront and returned if the unit is vacated and left in a clean state.
6. Interest may be charged on overdue Rental at the prescribed legal rate + 5 (five) percentage points.
7. A minimum escalation of 10% per annum applies, with effect from 01 March of each year.
TERM:
1. The Agreement shall commence on the date recorded in the Storage Application Form and shall continue on a month-to-month basis, unless a fixed term is recorded therein.
2. Either party may terminate the Agreement by giving the other 14 (fourteen) calendar days' written notice (via email), unless otherwise agreed.
3. The minimum rental period shall be 1 (one) calendar month.
NATURE OF STORED GOODS:
1. The Customer undertakes not to store any materials that may constitute a fire hazard (e.g., fuel, explosives), or items that could damage the facility or increase risks against which the building is insured.
2. AS reserves the right, upon reasonable notice to the Customer in writing, to inspect stored Goods if illegal or dangerous items are suspected. Prohibited items include, but are not limited to:
3. Generally, the Customer shall not store any Goods in the Storage Unit which may have the effect of increasing AS’s insurance premiums, or which may pose any risk to AS’s ability to claim from its insurer in the event of a loss of any kind.
ACCESS AND SECURITY
1. The Customer shall be entitled to access the Premises during the access hours specified by AS from time to time.
2. Access tags or devices are personal to the Customer and may not be transferred or shared.
3. AS may refuse access to the Unit in the event of non-payment or breach of this Agreement.
4. AS may enter the Unit in an emergency, on termination, or on reasonable prior notice for inspection, repairs, or compliance purposes.
5. Access Tags: Issued on payment of a refundable R200 deposit (charged on the first invoice). Lost tags will be deactivated and replaced at a cost of R200 (for the account of the Customer) during office hours.
6. Customers shall only be entitled to access the premises and the Storage Units with their allocated Access Tags. AS staff shall not be entitled to grant any customers (or other persons) access to the premises or any Storage Units if such Customer is not able to produce his / her / its Access Tag.
ACCESS TIMES AND OFFICE HOURS
1. Access: 24 hours, 7 days a week.
2. Office Hours:
RISK & INSURANCE
1. All Goods stored at the Storage Unit by the Consumer are done so at the Customers own risk. AS does not accept any liability for the safekeeping of the Customer’s Goods.
2. AS building insurance does not cover the contents of Storage Units. Customers are encouraged to obtain their own insurance in respect of the Goods stored in the Storage Unit.
3. AS shall not be liable for any loss, theft, damage, destruction or deterioration of the Goods, however caused, including, but not limited to, fire, flood, water, pests, vermin, damp, burglary, or negligence of AS, its employees or contractors.
MAINTENANCE AND CARE
1. The Customer shall keep the Unit clean and in good condition.
2. The Customer shall not make any alterations to the Unit.
3. The Customer shall be liable for the costs of repairing any damage caused by the Customer or its invitees, fair wear and tear excepted.
USE OF THE PREMISES AT OWN RISK
1. All Customers, their representatives, and visitors use the Storage Unit and enter the premises entirely at their own risk.
2. Customers, representatives, and visitors indemnify AS, its Directors, and Employees against any claims for loss, damage, or injury.
3. Customers and visitors must familiarise themselves with the entrance indemnity and safety notices.
SAFEKEEPING OF CONTENTS
1. Storage Units must be locked with one padlock only. Use of more than one Customer lock will incur a R350 fine (per offence) after 24 hours’ written notice. AS will remove extra locks at the Customer’s expense (without compensation).
2. Customers may use personal padlocks, but AS recommends purchasing the standard green padlocks available at the office.
3. No keys may be left on the premises, with security, or with AS staff.
4. AS accepts no responsibility for unlocked customer units or the contents thereof.
5. Damaged and non-functional Roller-Shutter doors must be reported immediately. Any Repair costs for damages are for the Customer’s account.
PAYMENTS
1. Preferred method: NETCASH via the AS website.
2. Alternative: EFT payments to:
  Alternative Storage (Pty) Ltd
  Nedbank Tygerberg Winelands
  Account: 1160982082
  Branch Code: 118602
  REF: Your Client Code on Statement / Invoice
3. Correct payment references must be used. A R250 tracing fee will be charged per incorrect reference.
4. Late payments (after the 1st of the month) incur a R350 penalty.
5. Customers with multiple units must settle all units in full by the 1st of the month. Partial payments are not accepted. Units in arrears will be deactivated and overlocked (see clause 11).
6. Partial payments are allocated first to penalties, interest, and fees, then to rent.
7. Deposits may be used to settle outstanding charges. Refunds are processed within 7–14 days of vacating the unit.
8. Note: EFT payments may be used only for:
DEFAULT & AS's REMEDIES
1. If a Customer fails to timeously pay their rental - Access tags will be deactivated on the 3rd day of the month, and the unit will be overlocked (AS Red Lock) until all overdue amounts have been settled in full. AS shall retain the Goods stored in the Storage Unit as security for the payment of all amounts due and owing to it by the Customer in terms of this agreement.
2. Payments on overdue accounts must reflect in the AS bank account during office hours to regain access.
3. Customers with overdue accounts will receive a Letter of Demand (LOD), issued on the 5th day of the month, at a cost of R175 for the Customer’s Account.
4. Should the Customer fail to comply with the LOD, the Customer's unit will be auctioned off or sold by private treaty, 30 days after the date of the issuing of the LOD. At that point, the Customer’s Goods in the Storage Unit will be considered abandoned and AS may dispose of the contents to recover arrears. The balance of the proceeds, if any, will be paid to the Customer.
5. Auction and/or sale proceeds are allocated first to costs, then to outstanding rent. Any shortfall remains the Customer’s responsibility, and AS retains the right to Legal Action to recover any amount due and owing to AS. All legal costs incurred by AS in terms of this agreement shall be recovered from the Customer on the scale as between attorney-and-client.
INDEMNITY
1. The Customer indemnifies and holds harmless AS against all claims, liabilities, losses, damages, costs and expenses arising from or in connection with the storage of Goods in the Storage Unit & any access to the premises.
CESSION AND SUBLETTING
1. The Customer may not cede, assign, or sublet any rights or obligations under this Agreement without AS’s prior written consent.
NOTICES AND DOMICILIUM
1. The parties choose the addresses stated in the Storage Application Form as their domicilium citandi et executandi for all purposes under this Agreement.
2. Any notice shall be validly given if delivered by hand, email, or registered post to such address.
3. AS requires a valid South African ID or Passport, and valid proof of address.
APPLICABLE LAW AND JURISDICTION
1. This Agreement shall be governed by the laws of the Republic of South Africa.
2. The Consumer consents to the jurisdiction of the Magistrates’ Court having jurisdiction over the Consumer’s person in terms of section 45 of the Magistrates’ Court Act, notwithstanding that the amount claimed may otherwise exceed such jurisdiction.
ENTIRE AGREEMENT
1. This Agreement constitutes the entire agreement between the parties, and no representations or undertakings not contained herein shall be binding unless reduced to writing and signed by both parties.