These standard terms and conditions (“the/these Terms”) and Annexure “A” and Annexure “B” form part of the Rental Agreement (“the Agreement”) between the Tenant (referred to as “You” and “Your”) and the Lessor (referred to as “We, “Us”, and “Our”) in connection with the rental of the Storage Unit as set out in the Rental Schedule.

STORAGE

1. We allow You to use the Storage Unit (as described on the attached Rental Schedule) for the storage of Goods in accordance with the Terms set out in the Agreement. You shall be allowed access to the Storage Unit during the Store’s access hours only for the purposes of depositing, removing, substituting or inspecting the Goods subject to You meeting Your obligations in terms of this Agreement.
2. This Agreement starts on the Commencement Date and expires on the last day of the month in which the Agreement started. The Agreement automatically renews for further periods of 1 (one) calendar month thereafter, subject to the provisions of clauses 3 and 33.
3. You agree to provide written notice to Us of Your intention to vacate the Storage Unit and terminate the Agreement by the 15 ^th day of the month in which You intend vacating. You must provide the written notice online using the following web address: www.stor-age.co.za/schedule-out. If the notice expires prior to the end of a calendar month, the full month’s Rental shall still be payable in respect of that month. If you have provided notice to vacate but elect not to vacate and continue using Your Storage Unit for a further calendar month (or part thereof), the notice You provided will lapse and You must provide a new written notice to vacate. We agree to provide 14 (fourteen) days written notice to You of Our intention to terminate the Agreement subject to the provisions of clause 33.

RENTAL

4. You shall pay Us the Rental amount set out in the Rental Schedule for use of the Storage Unit. A full month’s rental is payable upfront. We do not accept cash or cheques as a form of payment. The Rental is payable monthly in advance on or before the first day of each month.
5. Rental payments made after the 10 ^th day of the month are subject to payment of a late fee (“the Late Fee”) which is the larger of the R150 (or such increased fee as the case may be) or 10% of Your monthly Rental.
6. Subject to the provisions of clause 3, if You do not vacate the Storage Unit and remove its lock on the last day of the relevant month, then this Agreement automatically renews for further periods of 1 (one) month each thereafter.
7. If You have elected to rent shelving from Us, You agree to:
   1. Pay Us a monthly fee (“the Shelving Fee”) as set out in the Rental Schedule;
   2. Not to permanently affix the shelving to Your Storage Unit (in other words the shelving must be free standing); and
   3. Upon termination of this Agreement, You shall return the shelving to Us in good condition, fair wear and tear excepted as determined by Us.
8. You agree to pay by debit order and by signing the debit order authorisation attached to this Agreement as Annexure “B”, You authorise Us to recover the Rental, fees as set out in clauses 5, 7.1 and 17 where applicable, and any bank charges or other administrative costs incurred by Us due to late payment, via the debit order. We may apply Our discretion and allow You to pay by electronic funds transfer (“EFT”), subject to the payment of a “double deposit" as set out in clause 13.
9. You agree and acknowledge that:
   1. there are no pro-rated Rental or Shelving Fee refunds (where applicable) if You vacate the Storage Unit before the last day of the month;
   2. if the Storage Unit is vacated at any time without the required notice in terms of clause 3 having been provided, We shall be entitled to retain Your Deposit; and
   3. if the Storage Unit is vacated on or after the 1^st of the month, a full month’s Rental and Shelving Fee (where applicable) shall be due in respect of that month.
10. We reserve the right to increase the Rental, Late Fee and Shelving Fee from time to time by giving written notice of not less than 30 (thirty) days. If You do not accept the increase, You shall be entitled to cancel the Agreement in accordance with clause 3 above.
11. All payments made to Us shall be applied first to administrative charges and costs (such as Late Fees) before the balance is applied to unpaid Rental. You shall not be entitled to withhold or delay payment of any amounts due to Us in terms of this Agreement by reason of any breach or alleged breach of the obligations of Us.
12. If You have paid more Rental and charges than are due at the date of termination of this Agreement, we will refund the balance to You after deduction of any payments due to Us as if the balance were a Deposit under clause 14. No interest will accrue on any money held by Us for You.

DEPOSIT

13. You must pay the Deposit set out in the Rental Schedule to Us. The Deposit does not accrue interest and shall be equal to 1 (one) month’s Rental, subject to a maximum amount of R1 000. If We waive the debit order requirement as set out in clause 8, the Deposit shall be equal to 2 (two) month's Rental, subject to a maximum amount of R2 000. The Deposit may not be used by You as payment for the last month’s Rental or for any other Rental or charge or other amount due to Us in terms of this Agreement without Our prior written consent.
14. We shall be entitled to use all or any part of the Deposit to cover any Rental which has not been paid or any unpaid charges due in terms of the Agreement, the cost of any repairs to the Storage Unit or Store for which You are liable in terms of this Agreement or in law, and for any other costs or damages arising from Your breach of any provision of this Agreement. Should the Deposit not cover the cost of repairs or other costs incurred by Us due to a breach by You, You will be liable for such costs as incurred by Us.
15. The Deposit or balance thereof, where applicable, shall be returned to You by no later than 14 (fourteen) days after the date of termination of the Agreement. Refunds will be by EFT. No cash refunds will be given.

INSURANCE

16. We have taken out an Insurance Policy (“the Policy”) (subject to certain terms and limitations as contained in the Policy document made available to You and the important features of which are summarised in Annexure “A”) for the protection of Your Goods. In terms hereof:
    1. You are required to indicate on the Rental Schedule of the Agreement the declared value of the Goods to be stored in Your Storage Unit; and
    2. The basis of this valuation as well as the basis of any claims settlement You may receive is explained in Annexure “A”.
17. You must elect one of the following levels of insurance cover for Your Goods:
    1. R50 000 for Fire and Allied perils only (“Basic Cover”);
    2. R100 000 for Fire and Allied Perils and R50 000 for theft (“Essential Cover”); o r
    3. R250 000 for Fire and Allied Perils and R100 000 for theft (“Total Cover”)
       subject to the payment of the applicable fee as set out in the Rental Schedule and the terms and limitations as contained in the Policy document. Fire and Allied perils is defined in the Policy document and Annexure “A”
18. If the Policy or the options set out above (i.e., Basic Cover, Essential or Total Cover) does not provide adequate insurance cover for Your Goods, or if You are storing Excluded Goods or Goods subject to specified limitations as set out in Annexure A and the Policy document, You are strongly advised to make Your own arrangements for the protection of Your Goods.
19. You hereby expressly release and indemnify Us and Our employees, directors, and agents from any liability for any losses and/or damages (including consequential and indirect losses) to any of Your Goods in or about the Storage Unit or Store. All Goods stored in the Storage Unit shall be so stored at Your sole risk.

TERMS OF USE

20. You hereby warrant to and in favour of Us that:
    1. You are 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 You is duly authorised by You to store the Goods and control access to the Storage Unit;
    2. You shall not place or keep in the Storage Unit or Store:
       1. food or perishable goods unless approved by Us and provided they are protected from and do not attract vermin;
       2. plants, birds, fish, animals or any other creatures;
       3. combustible, flammable, explosive or oxidising materials, liquids or gases e.g. paint, petrol, oil, cleaning solvents, gas cylinders, fireworks;
       4. chemicals, compressed gases, radioactive materials, biological agents, waste materials, asbestos, pollutants, toxic or hazardous materials or contaminated goods or other materials of a potentially dangerous nature;
       5. firearms, weapons, ammunition, explosives or the components thereof;
       6. any item which emits any fumes, smell or odour;
       7. any item of high value requiring specialist storage (including without limitation jewellery, money, bullion, deeds, bonds, securities, stamps, antiques, fine art or fine wines) or items which are irreplaceable such as paintings, works of art and items of personal sentimental value;
       8. cigarettes, cigars, electronic cigarettes or any other tobacco products;
       9. any illegal substances, illegal items or goods illegally obtained, including counterfeit goods, illicit (smuggled/counterfeit) tobacco, illicit alcohol or unsafe goods; or
       10. anything that may damage the Storage Unit or Store in any way or other goods prohibited by law;
    3. You shall be liable for any damage to the Storage Unit or the Store, and to any storage unit rented to other tenants, as a result of Your or Your agents’, guests’, invitees’ or representatives’ actions, and the costs of repair in respect thereof shall be billed to You accordingly;
    4. You shall abide by any rules set by Us governing the use of the Store from time to time and to comply with any reasonable instructions of Our employees, agents or contractors at the Store;
    5. You shall not permit or cause any damage to the Storage Unit or Store; and
    6. at the expiration or termination of this Agreement, You shall:
       1. remove the lock and vacate the Storage Unit not later than 5.00pm (five) on the applicable date unless prior arrangements have been made with Us; and
       2. leave the Storage Unit in a clean, empty and good condition and free of any waste material, ready to be re-rented failing which You shall pay Our costs of cleaning the Storage Unit or disposing of any goods or rubbish left in the Storage Unit,
    and You hereby indemnify and agree to pay for all costs which may be incurred by Us as a result of Your breach of the above warranties and furthermore indemnify Us against any claim or cause of action arising (including those of a third party) out of Your use of the Storage Unit or access to the Store.
21. You must purchase a non-refundable entry tag for access to the Store and You agree to keep the entry tag secure. If You lose the entry tag You must notify Us immediately. Entry will not be granted to the Store without an entry tag.
22. These terms apply to the Storage Unit used by You and not any Storage Unit represented or shown to You before this Agreement was entered into.
23. We do not, and will not be deemed to have, knowledge of the Goods stored by You nor are We a bailee or warehouseman of the Goods. You acknowledge that we do not take possession of the Goods.
24. You must notify Us in writing of any change in Your debit order details and contact details (including Your email address and telephone number).
25. You agree:
    1. to leave the aisles, stairway, service area, lift area and hoist areas of the Store clear, not to block other tenants’ storage units and exercise courtesy to others and reasonable care for Your own safety and that of others using these areas;
    2. to meet delivery drivers promptly and to ensure that the front driveway or gate is not blocked under any circumstances;
    3. not to use the Storage Unit as offices or living accommodation or as a home or business address and not to use the address of the Store or the Storage Unit for receiving or sending mail;
    4. not to leave any waste or refuse that is created by storing the Goods in the Storage Unit or the Store. You will be charged the reasonable costs of disposing of such waste or refuse if You fail to comply with this undertaking;
    5. not to permanently affix shelving or other articles to the walls, ceiling or doors of the Storage Unit (free standing shelving in permitted);
    6. not to connect anything to any power point without Our consent;
    7. not to use the Storage Unit to manufacture, sell or conduct other business activities including but not limited to painting, spray painting or doing any mechanical work of any kind, 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;
    8. allow any liquid, substance, smell or odour to escape the Storage Unit or any noise to be audible outside the Storage Unit;
    9. Observe and comply with the “No Smoking” policy in effect at the Store;
    10. not to let, sublet, or assign the whole or any part of the Storage Unit;
    11. that the use of forklifts operated by Our staff, where applicable, is at Your sole risk and We are not liable for any damage to Your Goods however caused;
    12. to comply with this Agreement and all relevant laws and regulations that may be applicable to the use of the Storage Unit, including laws relating to the material and the manner in which it is stored;
    13. to inform Us immediately in writing of any damage or defect to the Storage Unit; and
    14. that We may, in Our discretion, deny access to the Storage Unit and/or the Store in case of emergencies.
26. Because the nature and type of the Goods being stored by You from time to time is entirely within Your discretion (subject to clauses 20.2, 25.3, 25.5 and 25.7):
    1. You must ensure that the Storage Unit is suitable for the storage of the Goods that You store or intend to store. We do not warrant or represent that any Storage Unit allocated to You is a suitable place or means of storage for any particular goods. We strongly advise You to inspect the Storage Unit before storing Your Goods and from time to time throughout the period of this Agreement to ensure its continued suitability. All Storage Unit sizes are approximate and We accept no responsibility for their accuracy;
    2. You must ensure that when the Goods are presented for storage, they will be securely and properly packed and, in such condition, as not to cause damage to the Storage Unit or to the Store or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances or in any other way; and
    3. You must complete an inventory of the Goods as proof thereof. We do not inspect the Goods when they arrive at the Store and shall not keep any records concerning, or any inventory of the Goods, nor shall We have any knowledge of their nature, condition or state of repair.
27. Only You and persons authorised or accompanied by You will be allowed to have access to the Storage Unit. Any such person is Your agent for whose actions You are responsible and liable to Us and to other tenants of storage units at the Store. We may refuse You or Your agents access at any time if We consider in Our sole discretion that the safety of any person at the Store, or the security of the Storage Unit or its contents, or other storage units at the Store or their contents will be put at risk.
28. You must provide Your own lock and keep the Storage Unit locked at all times, by using only one lock per unit door latch. You must ensure that the Storage Unit is locked so as to prevent unauthorised entry when You are not using the Storage Unit. We reserve the right to remove any additional locks. We will not be responsible for locking any unlocked Storage Unit. You should not leave Your key with or permit access to Your Storage Unit to any person. We do not accept any liability for any person including Our employee or agent holding Your key and having access to Your Storage Unit and any such person acts as Your agent only.
29. You permit Us and Our agents and contractors to enter the Storage Unit and if necessary break the lock to gain entry if We:-
    1. provide You not less than 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;
    2. At any time without notifying You if We:
       1. reasonably believe that the Storage Unit contains any items described in clause 20.2 or is being used in breach of clause, 25.3, 25.5 and 25.7 or such entry is related to the exercise of Our powers under clause 34;
       2. wish to ascertain whether the Storage Unit contains any items described in clause 20.2;
       3. are required to do so by the Police, Fire Services, Local Municipality, South African Revenue Service or by a Court Order;
       4. believe it is necessary in an emergency for any purpose including that in clause 29.1;
       5. obtain access in accordance with clause 30, 31 or 34; or
       6. want to prevent injury or damage to persons or property.
30. You acknowledge that We are lawfully obliged under the provisions of the Customs and Excise Act and Counterfeit Goods Act to provide the relevant officials and authorities with all information and documentation (including a copy of this Agreement and the identity, whereabouts and contact details of a tenant) and grant the relevant officials and authorities access to the Storage Unit for the purposes of opening, entering, inspecting, confiscating and / or selling the contents thereof. By signing this Agreement, You
    1. consent to Us providing any information considered necessary to comply with the applicable laws and regulations;
    2. hold Us harmless and waive any claims of whatsoever nature for any loss or damage as a result of Us providing any information and documentation and access to the Storage Unit; and
    3. acknowledge that We are not obliged to supervise the opening and entering of the Storage Unit or the inspection, confiscation or seizure of the contents of the Storage Unit.
31. This Agreement shall not confer on You any right to exclusive possession of the Storage Unit:
    1. We may at any time by giving You 7 (seven) days' written notice require You to remove the Goods from the Storage Unit to another storage unit specified by Us which shall not be smaller than the current storage unit:
       1. in the event of a fire or flood or similar incident or occurrence at the Store which in Our opinion requires the Storage Unit or any part of the Store to be closed or sealed off; or
       2. if the Store or any part of the Store is closed for redevelopment.
    2. We agree to pay Your reasonable costs of removal which have been approved in writing by Us in advance of the removal.
    3. If You do not arrange the removal of Goods to the alternative storage unit by the date specified in Our notice, You agree that We and Our agents and contractors may enter the Storage Unit and do so. In doing so, We and Our agents and contractors will act as Your agent and the removal will be at Your risk (except for loss or damage caused by the wilful misconduct or gross negligence of Us and Our agents and contractors).
    4. If the Goods are moved to an alternative storage unit, this Agreement will be varied by the substitution of the alternative storage unit as the description of the “Storage Unit” but shall otherwise continue in full force and effect.

LIMITATION OF LIABILITY

32. We shall not be liable to You or any third party, whether in contract, delict or otherwise, for any direct, indirect or consequential damages arising from or in connection with Your use of the Storage Unit or Store 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

33. If You:
    1. commit a material breach of this Agreement and fail to remedy such breach within the time period specified in terms of this Agreement or as may be specified by Us by way of written notice to You, as the case may be; or
    2. go into provisional or final liquidation or have a petition presented for Your winding up or liquidation; or
    3. commit a material breach of this Agreement that is not remediable
       then (and in any such case) We 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 You for any loss or damage which may result due to early termination of the Agreement, give written notice to You to terminate this Agreement; or
    4. are in arrears with Rental and/or any other amounts due and payable to Us, then You agree that We shall be entitled to deny You access to the Storage Unit by overlocking the Storage Unit until the amount in arrears has been paid in full.

PAYMENT

34. You must make Prompt Payment of each and every sum whether invoiced or not, owing by You to Us from time to time under this Agreement or any other agreement between You and Us arising from or in connection with this Agreement (“Your Debt”). “Prompt Payment” means 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 related agreement between Us and You, payment within 5 (five) days of that sum being demanded in writing.
    1. The terms of this clause 34 are additional to and without prejudice to all or any rights or remedies in law.
    2. In the event of a default of the Prompt Payment of Your Debt:
       1. We are relieved of any duty of care howsoever arising in respect of the Goods; and
       2. the Goods are held solely at Your risk and We shall be able to immediately exercise the lien described below.
    3. You hereby acknowledge and agree that in addition to the pledge provided for in clauses 37 to 39 below, We shall have a lien on all Goods stored within the Storage Unit to secure payment of all amounts due to Us under this Agreement. A lien means We have a right to retain Your Goods until We have received full payment of Your Debt and You shall not be entitled to remove any Goods from the Storage Unit until payment of Your Debt has been received by Us in full.
    4. If You do not make Prompt Payment of Your Debt, You authorise Us:
       1. to refuse You and Your agents' access to the Goods, the Storage Unit and the Store;
       2. to access the Storage Unit and inspect and remove the Goods to another Storage Unit or Store and You agree to be liable for any damage, loss or expenses incurred as a result thereof; and
       3. to retain and/or ultimately dispose of some or all of the Goods subject to clause 34.5.
    5. If Your Debt is not paid 30 (thirty) days after the first day of the month or You fail to collect the Goods after We have required You to collect them or upon expiry or termination of this Agreement, We may, subject to clause 34.7, sell the Goods and pass all ownership to them and use the proceeds of sale to pay first the costs incurred by Us (including a Lock Cutting Fee and reasonable charges for Our own time) and secondly in paying Your Debt and to hold any balance for You. Interest will not accrue to You on the balance.
    6. If the proceeds of sale are insufficient to discharge all or any part of the costs of sale incurred by Us and Your Debt (including the costs described in clauses 34.4.2 and 35), You must pay any balance outstanding to Us within 7 (seven) days of a written demand from Us, which will set out the balance remaining due to Us after the net proceeds of sale have been credited to You. We will charge interest on your Debt at the prime overdraft rate plus 2% until payment has been made.
    7. Before We sell the Goods, We will give You notice in writing of the amount of Your Debt at the date of the notice and that in default of payment within 14 (fourteen) days of the date of the notice, We will sell the Goods in the manner set out in the said notice and pass ownership of the Goods to the purchaser. You agree that We shall not be obliged to give You any further notice of any intended sale.
    8. We will sell the Goods by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale.
    9. If the Goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite Our efforts, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost. You will pay Our reasonable costs incurred in administering the debt collection and sale process described in this clause. These costs will include (without limitation) a Lock Cutting Fee, auction costs, removal costs, cleaning costs and the reasonable charges for Our own time.
    10. If We reasonably believe it is a health and safety risk to conduct an inventory of the Goods, or to open or empty any bags or boxes to undertake an inventory or assess the contents therein, We may dispose of some or all of the Goods without taking an inventory or opening any bags or boxes.
    11. If Your Debt is paid to the satisfaction of Us prior to the Goods being sold, We shall restore Your access to the stored Goods. In such an event it shall be Your responsibility to replace Your lock at the time of payment to ensure the security of Your Storage Unit.
35. In addition to the above remedies:
    1. You agree that in the event of any legal action being instituted against You as a result of non-payment of Rental and/or any other amounts due to Us in terms of this Agreement or as a result of a breach of this Agreement, You shall pay all the costs incurred in respect thereof on an attorney and own client scale, including all collection fees and any tracing charges that may be incurred.
    2. We shall be entitled, but not obliged, to issue an ordinary summons and the Goods stored in the Storage Unit attached to cover Our expenses and any amounts due to Us under the terms of this Agreement.
36. A partial payment of amounts in arrears will not stop fees or charges being incurred or official procedures being implemented. Any agreement between You and Us to extend the payment dates or defer sale of Goods must be in writing and signed by both parties to be binding. If Your payment is dishonoured for whatever reason, You are liable for an administrative charge.

PLEDGE

37. As security for its obligations in terms of this Agreement, You hereby pledge to Us all Goods stored by You in the Storage Unit.
38. You agree that the act of storing goods in the Storage Unit will constitute delivery of the said goods to Us thereby constituting the pledge.
39. We shall have the right of parate executie, as set out in clause 34.

NOTICES AND DOMICILIA

40. Any notice to be given in 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 You at Your Physical Address specified by You in the Rental Schedule, or by email to the email address specified by You in the Rental Schedule and updated by You from time to time in accordance with clause 24; and (ii) in the case of Us at 216 Main Road, Claremont, 7708. Notices shall be delivered personally or by courier 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 of earlier receipt) 48 (forty eight) hours after delivery to the courier company and in the case email transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.

GENERAL

41. Any right granted herein to Us may be exercised by Our representatives or agents.
42. This Agreement shall extend to and be binding upon the parties hereto, their heir, executors, administrators and assigns.
43. No extension of time or indulgence granted by Us to You shall be deemed in any way to affect, prejudice or derogate from the rights of Us 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.
44. The terms of this Agreement form the sole contractual relationship between the parties and no variation shall affect the terms of this Agreement unless it is in writing by the parties to this Agreement. This Agreement supersedes all or any prior agreements or negotiations between the parties hereto relating to the Storage Unit.
45. You acknowledge that you have raised all queries relevant to your decision to enter into this Agreement and that We have answered all such queries to Your satisfaction.
46. If any provision of this Agreement is unenforceable then that unenforceable provision shall be severed from the remaining provisions of this Agreement, which shall not be affected and shall remain in full force and effect.
47. If You are a foreign passport holder and not in possession of a valid South African identity document, You must provide Us with Your passport and proof of South African residence (copies are not acceptable), an original letter from Your bank confirming Your bank account details and an original proof of address (utility bill or cell phone contract). You further agree to vacate Your Storage Unit before Your residence permit expires and, should you fail to do so, access to Your Storage Unit will be denied.
48. If the Store should be destroyed or damaged so that Your Storage Unit can no longer be occupied by You, this Agreement shall automatically terminate when that happens unless the parties agree otherwise in writing.
49. In the event this Agreement regulates the rental of a parking bay, all references to Storage Unit shall be deemed to be references to the said parking bay. There is no insurance cover for motor vehicles, boats, caravans or the like (as set out in clauses 27 and 28 of Annexure A). You must not leave any valuables or ancillary equipment (for e.g. GPS devices, water skis, radios) in Your motor vehicle, boat or caravan or the like.
50. If this Agreement is signed for You by a person (“the Signatory”) acting as an agent or representative of You, then that Signatory in their personal capacity shall be liable for all the obligations imposed on You in terms of this Agreement in the event You fail to comply with Your obligations in terms of this Agreement.
51. If You transfer 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” and Annexure “B” are deemed to apply to the New Unit, except that the Rental shall be the prevailing rental for the New Unit at the date of transfer.
52. We reserve the right to perform a credit check at any time during the tenancy of this Agreement and You consent to this being performed.
53. 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 You shall have jurisdiction to hear any action or proceeding that may arise out of this Agreement.
54. By entering into this Agreement You confirm that You have read and agree to the terms of our privacy policy which can be found at https://stor-age.co.za/privacy- policy

Annexure “A” (Summary of the Policy wording)

All defined terms used in this Annexure shall bear the same meanings as ascribed to them in the remainder of the Agreement to which it is attached.


1. It is declared and understood that Your Goods are included under Our Policy and are accordingly subject to all terms, exceptions and conditions of the Policy, certain of which are set out below. The complete terms, exceptions and conditions of the Policy are available on Stor-Age’s website (www.stor-age.co.za) as well as on the website of Our insurance broker, Intasure (Pty) Ltd, at www.intasure.co.za/insurance-product/stor-age-customers-goods-2/. A copy is also available from the staff at the Store. Accordingly any payment, replacement, reinstatement or repair from which You may benefit in terms of the Policy is entirely dependent on Us receiving final settlement from Our insurers. Please note that the information that follows does not constitute the Policy wording but is included to serve as an aid to Your understanding of the cover provided or excluded by the Policy. We refer You to Stor-Age’s website for the full wording and to Our insurance broker, whose contact details are set out below, for more complete information.
2. The inclusion of Your Goods under the Policy is conditional upon the prior payment of the agreed Rental and the applicable fee for Basic Cover, Essential Cover or Total Cover by or on behalf of You and receipt thereof by or on behalf of Us.

GENERAL EXCEPTIONS

3. The Policy does not cover loss of or damage to Goods related to or caused by those perils and causes generally referred to as War, Riot, Terrorism, Political or Civil Unrest as are detailed in the full Policy wording.
4. The Policy does not provide cover for consequential or indirect loss suffered by You and We will not be obliged to pay You for such loss. Examples of consequential or indirect loss are: (1) Replacement of locks if keys are destroyed; (2) Any profit lost due to stock being destroyed.
5. If it is alleged that by reason of clauses 3 and 4 above that loss or damage is not covered by the Policy, the burden of proving the contrary shall rest with You.
6. In terms of the Policy, cover is provided for the following Insured Perils: In addition to the limits set out above, Fire and Allied Perils is subject to a maximum sum insured limit per Store and theft is subject to a maximum sum insured limit of R5 000 000 per Store.
   1. Insured Perils is defined as actual sudden physical loss or damage to Goods stored in Your Storage Unit caused by burst pipes, escape of water, theft accompanied by forcible and violent entry or exit to Your Storage Unit, fire, lightning, explosion, earthquake, storm, flood, malicious damage and impact by vehicles or aircraft.
   2. Included in Your Rental is insurance cover for Your Goods (“the Basic Cover”) of R50 000 for Fire and Allied perils subject to the terms and limitations as contained in the Policy document.
   3. You may elect to increase the insurance cover for your Goods to:
      1. R100 000 for Fire and Allied Perils and R50 000 for theft ("Essential Cover); or
      2. R250 000 for Fire and Allied Perils and R100 000 for theft (“Total Cover”)
      subject to the payment of the applicable fee as set out in the Rental Schedule and the terms and limitations as contained in the Policy document. The fee that attaches to the level of insurance cover You have selected reflects Our recovery of the costs associated with the Policy and the extent to which You may receive benefit from it.
   4. Please note that all cover is limited, depending on the option You have selected, to a maximum of:

      	Fire and Allied perils	Theft
      Basic Cover	R50 000	-
      Essential Cover	R100 000	R50 000
      Total Cover	R250 000	R100 000

   5. Notwithstanding these limits the value You have declared in respect of Your Goods and inserted on the Rental Schedule of the Agreement, is the maximum amount payable in terms of Our policy. In the event that a loss exceeds the maximum value insured per Store, losses will be settled by insurers on an apportionment basis and consequently You may receive settlement lower than Your declared value.
   6. Should You require sums insured that are greater than those provided under Our Policy You are required to arrange Your own insurance but are invited to contact Our insurance broker (details included below) to discuss Your options. Please be advised that the responsibility for arranging such additional insurance cover is entirely Yours and We cannot be held liable for any loss You may suffer as a consequence of Your failure to do so.
   7. These Insured Perils do not cover damage caused by vermin, wear and tear or gradual deterioration.

EXCLUDED GOODS

7. No cover is provided for the following:
   1. Items on the list of forbidden items as set out in the Terms;
   2. Money, coins, bullion, deeds, bonds, securities and the like;
   3. Mobile phones;
   4. Goods more specifically insured under a separate policy;
   5. Loss of or damage to electronic data, storage devices or computer memory; and
   6. Motor vehicles and the like as set out in clauses 27 and 28 of this Annexure A.

GOODS COVERED SUBJECT TO SPECIFIED LIMITATION

8. Unless otherwise agreed in writing from Our insurance broker, the following limitations will apply:
   1. Jewellery, watches, precious stones and stamps of all kind are limited to a combined total for all such items of R5 000;
   2. Vintage collectables, perfume, tobacco, cigars, cigarettes and alcohol are limited to a combined total for all such items of R5 000;
   3. Antique furniture, furs and fine arts are limited to a combined total of R20 000 with an individual item limit of R10 000 for any single item;
   4. Damage or destruction of documents, photographs and memorabilia are limited to a combined total of R5 000 for all such items; and
   5. Electronic items in the form of commercial or domestic electrical appliances and equipment will be limited to a combined total for all such items of R50 000.
   If the value of Your Goods exceeds these limitations, You can contact Our insurance broker for advice.

DECLARED VALUE

9. As per the information provided by You on completion of the Rental Schedule of the Agreement, the maximum payment will not exceed the value You have declared. This will only be increased or decreased on written instruction from You. All sums insured are inclusive of Value Added Tax.
10. Any amount payable is based on the current market value or replacement cost (whichever is the lower) of the stored Goods in their current condition and not on a “new for old” replacement basis.
11. We do not carry out any valuation of the Goods and We are not responsible for ensuring that the declared value as stated by You in the Rental Schedule is accurate or correct. You are responsible for ensuring that the declared value of Goods is accurate throughout the duration of the Agreement and You should carry out regular reviews of the Goods to ensure that this is the case. Changes made to your declared value must be made to Us in writing.

PAIRS AND SETS

12. Where any items are part of a pair or set, the Policy only provides cover for the actual items which are lost or damaged. No payment will be made in respect of the remaining part of the pair or set and no indemnity will be provided in terms of any resultant loss in value as a result of the pair or set being disconnected.

BASIS OF CLAIMS SETTLEMENT

13. The settlement of any claim shall be by replacement, repair and/or compensation at Our insurer's option. In the event of the total loss or destruction of any item covered in terms hereof, the basis of settlement will be the cost of replacing a similar item of similar condition as the original item at the time of the loss, taking into account the age, quality, degree of use and consequent market value of any such lost or damaged item. Where any claim includes the loss of or damage to paper documents, the basis of settlement shall be to indemnify You for the reasonable costs of reprinting and/or reasonable costs of reissue or reconstitution of the physical document only. There will be no indemnification of any loss of intrinsic value or the cost of re-establishing any information contained in such documents.

POLICY EXCESS

14. You will be responsible for the greater of 10% of the value of any claim made in terms hereof, or the first R5 000 of the claim.

DETENTION, CONFISCATION AND FORFEITURE

15. The Policy does not cover any loss, damage, cost or expense directly or indirectly arising from dispossession, detention, confiscation, forfeiture, impounding or requisition legally carried out by customs, police services, crime prevention units or other officials or authorities or the sale of Goods to settle Your debt pursuant to clause 34.5 of the Agreement.

GENERAL CONDITIONS

16. Misrepresentation, mis-description or non-disclosure in any material particular shall render voidable the particular item, section or sub-section of the Policy, as the case may be, affected by such misrepresentation, mis-description or non-disclosure.

TENANT’S OWN INSURANCE

17. If, at the time of any event giving rise to a claim under the Policy, You have arranged insurance with any other insurers covering Yourself against the defined events, the Policy will only respond to a rateable proportion of the amount payable by or to Yourself in respect of such event. If any such other insurance is subject to any condition of average, the Policy, if not already subject to any condition of average, shall be subject to average in like manner.

CANCELLATION

18. Cover afforded to You by the Policy or any section may be cancelled at any time by Us giving 30 (thirty) days’ notice in writing. In the event You vacate Your Storage Unit, benefits to You under the Policy shall immediately terminate. The Rental and fee relating to Basic Cover, Essential Cover or Total Cover detailed in the Agreement are payable monthly in advance on or before the first day of each month and, if not received by Us by the due date, the Policy shall be deemed to have been cancelled at midnight on the last day of the preceding period of the Agreement unless You can show that failure to make payment was an error on the part of Your bank or other paying agent.

PREVENTION OF LOSS

19. You shall take all responsible steps and precautions to prevent accidents or losses. You are also required to comply with and adhere to the Agreement as well as laws and regulations which are material to the risk (irrespective of whether the laws, regulations, by-laws and rules are in force at the date the Policy is issued, or are enacted after that date). The failure to adhere to the Agreement or the terms and conditions set out in the Policy or laws, regulations, by-laws and rules described above, may entitle the insurer to reject any claim where such failure is material to the loss/damage.

CLAIMS

20. On the occurrence of any event which may result in a claim under the Policy, You shall, at Your own expense give notice thereof to Us as soon as reasonably possible and provide particulars of any other insurance covering such events as are hereby insured. You shall as soon as practicable after the event submit to Us full details in writing of any claim and give Us such proof, information and sworn declarations as We may require.
21. You agree to examine the Goods carefully upon removing them from the Storage Unit and must tell Us about any loss or damage to the Goods as soon as is reasonably possible after doing so. In any event, We need to inspect any damage to the Goods and take photographic evidence before We can proceed with any insurance claim for loss or damage.
22. No claim shall be payable after the expiry of 24 months or such further time as We may allow from the occurrence of any event unless the claim is the subject of pending legal action.
23. In the event of a rejection of a claim that You wish to contest, You have to respond by instituting legal proceedings on the insurer within 6 (six) months of the rejection of the claim in writing and pursue such proceedings to finality.

GOODS COVERED ONLY WHILE IN STORAGE UNIT

24. The Policy only covers Your Goods while they are in the rented Storage Unit and specifically will not provide cover while being transported, moved into the Storage Unit or while anywhere else in the Store other than in the Storage Unit.

BREACH OF TERMS

25. Any contravention or breach of any of the terms of the Agreement with Us will render any protection enjoyed in terms of the Agreement and the Policy null and void.

SUBSTANTIATION

26. You will be required to fully substantiate the nature and value of any claim in terms hereof and the amount of such claim may not exceed the maximum value of the Goods as declared on the Rental Schedule.

SELF-PROPELLED VEHICLE OR BOAT

27. The Policy does not provide cover for any type of motor vehicle or boat and any car, motorbike, truck, pickup truck, quad bike, motor boat, fishing boat, yacht, caravan, trailer or any other type of vehicle or boat will not be contemplated or included in terms of the Policy, notwithstanding the fact that it may be stored in the Storage Unit.
28. It is a condition of this Agreement that You make Your own insurance arrangements to ensure that Your motor vehicle, boat or caravan is adequately insured against damage or theft. You must not leave any valuables or ancillary equipment (for e.g. GPS devices, water skis, radios) in Your motor vehicle, boat or caravan. By signing this Agreement, You acknowledge that:
    1. the Policy does not provide cover for motor vehicles, boats or caravans;
    2. You have made Your own insurance arrangements to ensure that Your motor vehicle, boat or caravan is adequately insured; and
    You hereby expressly release and indemnify Us and Our employees, directors, and agents from any liability for any losses and/or damages (including consequential and indirect losses) to any motor vehicle, boat or caravan, or any valuables or ancillary equipment left in such motor vehicle, boat or caravan, in or about the Store or Storage Unit.
    Any reference to motor vehicle boat or caravan in this clause 28 is deemed to include all types of motor vehicles, caravans or boats (as set out in clause 27) and any parts thereof (e.g. wheels, engine parts or the like).

DUTY OF DISCLOSURE & RESTRICTED GOODS

29. It is Your responsibility to ensure that all material facts (i.e. any facts that may alter insurers’ view of the risk) have been disclosed to Us prior to Your Goods being stored in the unit. Please be aware that any cover provided in terms of the Policy will be invalidated should You fail to comply with the list of forbidden items (as published, displayed and amended from time to time) as set out in the Agreement. A failure to conform to this list may also result in legal action being brought against You in the event of a claim. Any act of fraud or misrepresentation on Your part will render all benefits in terms hereof void as far as any claim from You is concerned.

INSURANCE DECLARATION

30. We hereby expressly inform You that We and all of Our respective employees are not qualified or able to give You any advice with regard to insurance matters at all. Our insurance broker is available at all times for consultation and further information should You so desire and can be contacted via the following methods:
    
    Intasure (Pty) Ltd
    Intasure Place, 110 Main Road, Diep River, 7800
    Tel: 021 712 6686
    Shirley Schlange (shirley@intasure.co.za)
    Jason Whiting (jason@intasure.co.za)

I / We hereby “instruct” and “authorise” Stor-Age to draw against my / account with the abovementioned bank (or any other bank or branch to which I / we may transfer my / our account) , the amount necessary for payment of the following costs arising from and in respect of the Agreement (where applicable): (1) Rental, including any increased rental amount pursuant to the Agreement; (2) any fees as set out in the agreement: and(3) Any bank charges or other administrative costs incurred by Stor-Age due to late payment on the FIRST day of each and every month commencing on the first of the next applicable month, continuing until termination of the Agreement or until cancelled by me / us in writing in accordance with the requirements below. All such withdrawals from my / our account by Stor-Age shall be treated as though they had been signed by me / us personally. Furthermore, if there are insufficient funds in my account to meet the obligation, Stor-Age is entitled to track my account and resubmit the instruction for payment as soon as sufficient funds are available in my account.
I / We agree to pay any bank charges relating to this debit order instruction.
I / We agree that although this Authority and Mandate may be cancelled by me / us by providing Stor-Age thirty (30) days notice in writing sent by prepaid registered post, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which Stor-Age have with withdrawn while this Authority was in force, if such amounts were legally owing to Stor-Age.
I / We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
I / We acknowledge that this document read with the Agreement contains the entire agreement as between me/us and StorAge and that no variation to this instruction or authority shall be valid unless such variation is in writing and signed by both parties.