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

These terms and conditions (“Terms”) apply to all storage rental agreements entered into between Alternative Storage (Pty) Ltd (Registration No. 2018/023823/07) (“AS”) and the person or entity whose details appear on the attached Storage Application Form (“the Customer”). By signing the Storage Application Form, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms.

  1. 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 Storage Application Form is true and correct in all respects.
    2. “Customer” means 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) month's 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. “Premises” means the building or facility owned by the AS, where the Storage Unit is located, which building is situated at Brackengate Business Park, 51 London Circle, Brackengate, Brackenfell South.
    6. “Storage Application Form” means the application form sent to Customers detailing the Customer’s personal details and indicating the Customer's consent and agreement to the terms and conditions set out more fully in this Agreement.
    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 Storage Application 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.

  2. GRANT OF USE:

    1. AS grants to the Customer the right to use the Storage 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.

  3. PERMITTED USE:

    1. The Customer shall not:
      1. Manufacture, trade, or conduct business activities of any kind inside Storage Units or on the Premises.
      2. Affect any alterations to the interior or exterior of the Storage Unit.
      3. Wash vehicles, equipment, tools, or Goods in the Storage Unit or on the Premises.
      4. Sublet or share a Storage Unit.

  4. RENTAL AND DEPOSIT

    1. The Customer shall pay the rental monthly in advance, on or before the first day of each month.
    2. AS may increase the rental on a 21 (twenty-one) -calendar-day notice in writing (via email).
    3. The Deposit and first month’s rent are payable before occupation.
    4. AS shall retain the Deposit 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 rubbish 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.

  5. 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.

  6. 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 (48 Hours), to the Customer in writing, to inspect stored Goods if illegal or dangerous items are suspected. Prohibited items include, but are not limited to:
      1. Any animal(s), dead or alive;
      2. Firearms, weapons, ammunition, or explosives;
      3. Illegal items, substances, or contraband;
      4. Perishable items or goods;
      5. Items that create or emit fumes, smells, or odours;
      6. Flammable liquids (petrol, diesel, thinners, paint) in hazardous or excessive quantities.
    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.

  7. 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 R250 (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 in the event that such Customer is not able to produce his / her / its Access Tag.

  8. ACCESS TIMES AND OFFICE HOURS

    1. Access: 24 hours, 7 days a week.
    2. Office Hours:
      1. Monday to Thursday: 08h00 – 17h00
      2. Friday: 08h00 – 15h00
      3. Saturday: 09h00 – 13h00
      4. Sunday & Public Holidays: Closed

  9. RISK & INSURANCE

    1. All Goods stored at the Storage Unit by the Consumer are stored at the Customer's 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, dust, roof leaks, bird droppings or negligence of AS, its employees or contractors.

  10. 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.

  11. 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.

  12. 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 a personal padlock, but AS recommends purchasing the standard green padlocks available at the AS office during office hours.
    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.

  13. PAYMENTS

    1. Preferred method: NETCASH via the AS website.
    2. Alternative payment: EFT payments to:

      Alternative Storage (Pty) Ltd
      Nedbank Tygerberg Winelands
      Account: 1160982082
      Branch Code: 118602

    3. Correct payment references must be used. A R200 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 14).
    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 30 days after the unit is vacated.
    8. Note: EFT payments should only be used for:
      1. Interest on overdue payments
      2. Legal fees
      3. Advance rental payments
      4. Deposit/rental top-ups for upgrades
      5. Pre-arranged transactions
      6. ‘NETCASH’ IS THE PREFERRED PAYMENT METHOD

  14. DEFAULT & AS's REMEDIES

    1. As continuing security for the due, proper and punctual payment of all amounts owing by the Customer to AS from time to time, and the due performance of all of the Customer's obligations in terms of this Agreement, the Customer hereby grants and pledges to AS a continuing contractual lien and pledge over all Goods stored in the Storage Unit. Such lien and pledge shall entitle AS, subject to the provisions of this Agreement and applicable law, to retain possession of the Goods until all amounts owing have been paid in full.
    2. If the Customer fails to pay any amount owing under this Agreement, AS shall be entitled, without prejudice to any other rights it may have in law or under this Agreement, to deactivate the Customer's access tag, overlock the Storage Unit and retain possession of the Goods in exercise of its contractual lien and pledge until all amounts owing have been paid in full.
    3. Payments on overdue accounts must reflect in the AS bank account during office hours to regain access.
    4. 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.
    5. Should the Customer fail to remedy the default within 25 (twenty-five) calendar days after the date of the Letter of Demand referred to in clause 14.4, AS shall, without prejudice to any other rights or remedies available to it in law or under this Agreement, be entitled, subject always to applicable law, to realise its contractual lien and pledge over the Goods. For that purpose, AS may, upon giving the Customer written notice of its intention to do so, sell or otherwise dispose of the Goods by public auction, private treaty or any other commercially reasonable method which, in the opinion of AS, is likely to realise the best obtainable price in the circumstances. AS shall be entitled to appoint an auctioneer, broker or other suitably qualified person to conduct or facilitate the sale and may recover from the proceeds of such sale all costs and expenses reasonably incurred in connection with the removal, transportation, storage, insurance (if any), valuation, advertising, preservation and sale or disposal of the Goods, together with all outstanding Rental, interest, penalties, legal costs, collection costs and any other amounts owing by the Customer in terms of this Agreement. The Customer acknowledges and agrees that AS shall not incur any liability for any loss allegedly suffered as a result of any sale or disposal conducted in good faith and in a commercially reasonable manner in accordance with this Agreement and applicable law. Following the deduction of all amounts due to AS, any remaining balance of the proceeds shall be paid to the Customer upon written demand and satisfactory proof of identity and entitlement. If the proceeds are insufficient to discharge the Customer's indebtedness in full, the Customer shall remain liable for the balance, and AS shall be entitled to recover such shortfall by way of legal proceedings.

  15. 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.

  16. 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.

  17. 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.

  18. APPLICABLE LAW AND JURISDICTION

    1. This Agreement shall be governed by the laws of the Republic of South Africa.
    2. The Customer consents, in terms of section 45 of the Magistrates' Courts Act, to the jurisdiction of the Magistrates' Court having jurisdiction over the Customer's person, notwithstanding that the amount claimed may otherwise exceed the jurisdiction of that Court, provided that nothing contained herein shall preclude AS from instituting proceedings in any other court having competent jurisdiction.

  19. 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.
    2. No relaxation, indulgence or extension of time granted by AS shall constitute a waiver of any rights.
    3. If any provision of this Agreement is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

  20. PROTECTION OF PERSONAL INFORMATION


    The Customer consents to AS collecting, processing, storing and using the Customer's personal information for purposes connected with the conclusion, administration and enforcement of this Agreement, including debt recovery, legal proceedings, security management and compliance with applicable legislation. AS shall process such personal information in accordance with the provisions of the Protection of Personal Information Act 4 of 2013.