STANDARD TERMS AND CONDITIONS OF STORAGE
These are the terms and conditions of the agreement between yourself and Mossel Bay Storage, and explains your rights, obligations and responsibilities and those of Mossel Bay Storage.
DEFINITIONS
1. “Agreement” means this document of “standard terms and conditions” read together with the “Order Form”, as well as any Annexures thereto including the Schedule. The use of the term “Agreement” refers to the provision and acceptance of the Order Form, the completion of the “Client Application Form” and this Agreement, jointly. The services offered to you on the website are subject to acceptance, without modification of the Agreement contained herein. By signing the “Client Application Form” you unconditionally signify your assent to the terms of this Agreement and as such the Agreement becomes legally binding between you and Mossel Bay Storage and further, you warrant that the information you have inserted into the Client Application Form is true and correct in all respects.
2. “Customer” refers to the person or entity specified above making use of the cartage or storage service of Mossel Bay Storage, whether acting in his personal capacity or in his capacity as agent or otherwise on behalf of a third party.
3. “You” or “your” refers to the Customer.
4. “We”, “us” or “Mossel Bay Storage” refers to Mossel Bay Storage (Pty) Ltd trading as Mossel Bay Storage which carries on business as a storage provider of the Goods warehoused at its premises and includes its employees, servants or assigns and agents and any person or persons carrying any Goods forming the subject matter of this Agreement under and in terms of a subcontract with Mossel Bay Storage.
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 herein under;
6. “Storage Unit” means the storage container used to store the Goods on behalf of the Customer.
7. “The Goods” mean the goods which the Customer has instructed Mossel Bay Storage to store and/or cart on their behalf whether they are situated in the Container or otherwise.
8. “The Schedule” means the Mossel Bay Storage Price List which contains the particulars of this Agreement which are deemed to be an integral part of this Agreement.
9. “The Rental” means the rental by you of a Storage Unit and/or storage space on a platform and/or outdoor storage space.
10. “Packaging” means but is not limited to Moving Kits, Cardboard Boxes, Document storage, Stationery, Bubble wrap, Mattress & Couch Covers, Moving Blankets, Labels, Tape Dispenser, and includes any form of wrapping or covering to protect the customers goods.
11. “Lien” means the lien that Mossel Bay Storage has over the property of the Customer and the Customer is specifically referred to the provisions of clauses 75 to 83 in this regard.
12. Any reference in this agreement to the singular also includes the plural or the reference to male also includes the female.
RENTAL
13. Mossel Bay Storage rents to you, who hires from Mossel Bay Storage, a Storage Unit.
14. Upon marking/ticking the box on Mossel Bay Storage’s order and application form, you acknowledge that you are bound by Mossel Bay Storage’s terms and conditions, and the order and application form will be a legally binding contract.
15. The Rental shall be for a period of no shorter than a month, or for as long as is required on a month-to-month basis by the Customer.
16. The Rental commences upon either of the following occurrences:
17. Mossel Bay Storage shall, upon commencement of the Rental, furnish to the Customer with an invoice which will specify the date on which the Storage Unit and/or the goods were delivered to and/or from storage. The Customer has 30 days in which to dispute the accuracy of the invoice in writing after which time the accuracy of such invoice, will be prima facie proof of such indebtedness.
RATES AND CHARGES
18. Mossel Bay Storage agrees to levy the charges reflected in the Schedule as remuneration for any services provided by Mossel Bay Storage to the Customer. In the absence of the Schedule and/or any other written and signed agreement between Mossel Bay Storage and the Customer, Mossel Bay Storage agrees to levy the charges reflected in its standard tariff of charges, which it is entitled to amend upon 1 weeks’ notice to the Customer. Mossel Bay Storage shall be entitled to allocate all payments made by the Customer to Mossel Bay Storage toward any debt payable by the Customer to Mossel Bay Storage at its own discretion.
19. The Customer agrees to pay to Mossel Bay Storage the charges levied.
20. Any quotation and/or charges quoted by Mossel Bay Storage to the Customer exclude insurance, customs duties and any other fees payable to Government departments. Accordingly, should any such charges arise during the course of the Customer’s Agreement with Mossel Bay Storage, such charges shall be payable by the Customer in addition to the charges levied by Mossel Bay Storage for their services.
21. Packaging delivered to the Customer to Mossel Bay Storage’s facilities and/or utilised by Mossel Bay Storage’s staff in terms of our packing service, will be charged for on the first invoice of the month in which the agreement commences.
22. If the Customer requires Mossel Bay Storage to wrap and pack or dismantle any the Customer’s belongings/goods, the Customer must provide Mossel Bay Storage with prior notice thereof and a consultant of Mossel Bay Storage will quote separately for such service, and will be charged for on the first invoice of the month in which the agreement commences.
PAYMENT
23. Payment is due on invoice date and thereafter on the 1st business day of every month. The Customer may not deduct or withhold payment of any amounts due in terms of the Agreement for any reason whatsoever.
24. Payment made by EFT is due on the 25th of each month in advance.
25. All cash deposits will be made into Mossel Bay Storage’ bank account. Proof of such deposit must be emailed to Mossel Bay Storage, with the Customer’s name written on it, in order to match the payment.
26. In the event of the Customer choosing to pay by way of debit order, (all variable amounts) owed by the Customer to Mossel Bay Storage (will be deducted from the Customer’s bank account or credit card via debit order) in the first week of every month. Penalties will be levied to the Customer if the debit order is returned as unpaid irrespective of the reason.
27. Invoices shall be sent during the month to the Customer’s e-mail address provided on the Client Application Form, which address the Customer chooses as ancillary to his physical address domicilium citandi et executandi and the Customer is responsible for notifying Mossel Bay Storage of any changes thereto immediately.
28. (a) Email reminders are sent at the end of the month, thereafter a grace period of 7 days exists, after which Mossel Bay Storage shall charge penalties as provided for.
29. (b) Payment can be in form of cash, cash deposit or Electronic Funds Transfer (EFT), or by way of debit order, cheques are not accepted.
30. Storage fees are charged per calendar month and not on a pro-rata basis.
31. The sales order is formulated from an inventory supplied by us, and although the number of Storage Units estimated to store all the goods listed are derived from this inventory, it remains an estimate due to the differences in style, shape, size and weight of the goods that are unknown to Mossel Bay Storage. Any goods that are too large to fit inside the Storage Units will not be stored in any alternative unit, unless the Customer purchases an additional Storage Unit. The payment for all extra services rendered by Mossel Bay Storage (extra Storage Units, wrapping, hoisting etc.) other than what is reflected on the original invoice may be invoiced separately.
32.Mossel Bay Storage may increase the storage fees when deemed necessary with seven days written notice to the Customer, regardless of the date of commencement of this agreement.
LATE PAYMENTS AND PENALTIES
33. If any amount is not paid on due date, Mossel Bay Storage may without prejudice to any rights it may have and subject to the provisions of the National Credit Act (if applicable), charge interest on any overdue amount at the applicable prescribed legal rate or at the prime rate plus 5% per annum as charged by Mossel Bay Storage’s bankers, whichever is the higher, and in Mossel Bay Storage’s sole discretion.
34. Further, Mossel Bay Storage will levy a penalty for late payments as follows:
35. Mossel Bay Storage will levy a lien fee of R890.00 per unit, if payment is not made within 60 days after due date. Mossel Bay Storage will levy a auction assessment fee of R500 per unit when the unit is assessed.
36. Mossel Bay Storage will levy a “cut the lock fee” of R190.00 per unit, if payment is not made within 61 days after due date.
37. Returned and unpaid debit orders will carry a penalty fee of R230.00 on each occasion of such return or unpaid debit order.
38. A certificate issued by a director of Mossel Bay Storage or his lawful Agent as to the indebtedness of the Customer shall be prima facie proof of the Customer’s indebtedness to Mossel Bay Storage and of all such other facts for the purposes of legal proceedings such as, provisional sentence or summary judgment whatever the case may be.
SURETYSHIP
39. Mossel Bay Storage shall have the right to, at any time during the currency of this agreement, if and when it requires, in its sole and absolute discretion, require the Customer to provide Mossel Bay Storage with one or more sureties to Mossel Bay Storage satisfaction, notwithstanding that current sureties may be in place.
40. Should Mossel Bay Storage require the Customer to provide such sureties or new sureties, the Customer shall provide such proposed surety within 7 (seven) days of receipt of a notice from Mossel Bay Storage calling upon the Customer to do so, where Mossel Bay Storage shall be entitled to perform such credit verification on the prospective surety as it deems necessary.
41. Should Mossel Bay Storage choose to accept such surety, the Customer shall ensure that the surety sign and return a Deed of Suretyship within 7 (seven) days of receipt of the original therefrom from Mossel Bay Storage.
42. Should Mossel Bay Storage choose not to accept the surety, for any reason whatsoever, in its sole and absolute discretion, the Customer shall be obligated to provide a new surety within 7 (seven) days thereafter.
43. Any breach of these clauses by the Customer shall be viewed as a material breach of this agreement enabling Mossel Bay Storage to cancel the agreement forthwith.
44. The surety chooses his/her/their domicilium citandi et executnadi at the address stipulated in Mossel Bay Storage’s Deed of Suretyship.
45. The above- mentioned person hereby bind himself/herself jointly and severally as surety and co-principal debtor for the due and proper performance of all the obligations of the Customer in terms of this agreement.
USE OF STORAGE FACILITY, DANGEROUS GOODS, HAZARDOUS SUBSTANCES; PERISHABLE GOODS AND DAMAGE TO GOODS
46. The Customer is to supply its own padlock and key for purpose of locking the Storage Unit (alternatively one can be supplied by Mossel Bay Storage at your expense).
47. The Customer shall retain the key the padlock to the Storage Unit at all times.
48. The Customer agrees to defrost all refrigerators and freezers and disconnect all water connections to washing machines and dishwashers before depositing in the Storage Unit.
49. The Customer agrees not to deliver for storage: dangerous goods; hazardous substances; substances which can cause a fire or explosion if they come into contact with each other; any form of explosive whatsoever; substance that are toxic or corrosive, or any perishable goods.
50. Should the Customer deliver for storage any liquid substances, or chemicals, such substances must be in containers (which are clearly labelled) with lids, which properly seal to prevent vapours from being released into the air and to reduce the risk of spillage, and the Customer obliged to inform Mossel Bay Storage in writing of the substances and manner of storage.
51. Mossel Bay Storage reserves the right to dispose of any and all dangerous goods, hazardous substances, or perishable goods, stored without its knowledge and prior consent, without notice to the Customer and which are not removed by the Customer and/or are not sufficiently marked or identifiable by Mossel Bay Storage. Any costs incurred by Mossel Bay Storage in this process shall be for the Customer’s account.
52. The Customer agrees not to deliver for storage any goods which are likely to encourage beetles, moths, vermin, woodworm or wood boring insects or any similar infestation. Should the Customer choose to deliver such goods to Mossel Bay Storage despite the contents of this clause and without the express consent of Mossel Bay Storage, Mossel Bay Storage cannot be held liable for any loss or damage suffered by Mossel Bay Storage, the Customer or any third party and the Customer hereby indemnifies Mossel Bay Storage against any and all such claims of whatsoever nature. Should Mossel Bay Storage discover any such goods upon its premises, Mossel Bay Storage reserves the right to dispose of such goods in a manner which it deems fit in its sole discretion without any notice and/or liability to the Customer.
53. Mossel Bay Storage agrees to take all reasonable steps to protect the Storage Units from any infestation of beetles, moths and vermin, woodworm or wood boring insects or any similar infestation.
54. Although Mossel Bay Storage will take all reasonable steps to safeguard the customers goods, the customer hereby indemnifies Mossel Bay Storage and holds Mossel Bay Storage, its officers, directors, employees, affiliates and their respective successors and assigns harmless for any loss, theft or damage sustained to any goods held in storage with Mossel Bay Storage for so long as the goods are held on Mossel Bay Storage’s premises. This indemnity extends to encompass all goods stored with Mossel Bay Storage, including goods stored in containers as well as motor vehicles, trucks, trailers, boats, motorbikes or similar vehicles, which may be stored outdoors. The customer gives Mossel Bay Storage Permission to occasionally move the vehicles and other assets mentioned above. All risk in and to the goods remains that of the customer and the customers stores such goods at its own risk.
INSURANCE ON GOODS
55. Mossel Bay Storage strongly recommends that you insure your goods against all insurable damages during removal, shipping and storage for their full replacement value. Mossel Bay Storage may arrange insurance cover with its insurance company only upon receipt of a written request to do same from the Customer and upon payment by the Customer of the monthly insurance premiums.
56. The Customer will be legally bound to any terms and conditions supplied by Mossel Bay Storage’s insurance company.
57. Should Mossel Bay Storage’s insurer dispute it’s liability for any reason, the Customer shall have recourse against the insurer only and Mossel Bay Storage shall not be under any liability in relation thereto. It is specifically recorded that the exclusion of liability of Mossel Bay Storage provided for elsewhere in these terms is based on the assumption that the Customer is able to take out his own insurance as aforesaid to cover the risk loss or destruction of the goods.
58. The insurance covered by Mossel Bay Storage is limited to fire and water damage to the limited amount of R 10 000 only and any additional cover needed should be taken out by you the customer. Mossel Bay Storage will not be held liable for any damages whatsoever arising out of the customer’s failure to obtain additional insurance cover.
LICENSES AND PERMITS
59. In the event of Mossel Bay Storage being obliged to take out or obtain any licenses or permits, or to comply with the requirements of any lawful authority, it shall be entitled to make an additional charge to cover these expenses which are not already included in Mossel Bay Storage’s standard tariff or in the Schedule. In the event of Mossel Bay Storage being obliged to deviate from the route selected by it, or to carry the goods over another route, for any reason whatsoever, including but not limited to adverse weather conditions, impassable or dangerous roads, or the instructions of any competent authority Mossel Bay Storage shall be entitled to charge an additional remuneration in proportion to the resulting extra distance travelled.
60. If any license and/or permit to handle goods are required under any law, Mossel Bay Storage will not commence with its obligations and/or duties until it obtains the required license and/or permit. The Customer agrees to provide all assistance and information required by Mossel Bay Storage for the purpose of applying for or obtaining any such license and/or permit.
ONUS OF PROOF
62. The onus of proving the quantity, type, physical properties and composition and the condition of the goods and/or the condition of any Storage Unit at the time of receipt thereof by Mossel Bay Storage shall at all times remain with the Customer.
OUTSIDE AGENCIES
63. The use of outside agencies and/or third parties and/or subcontractors will not be permitted to perform any work on Mossel Bay Storage’s premises and/or warehouse without the prior written approval by Mossel Bay Storage. This excludes the delivery and collection of Goods to and from the premises and warehouse in the normal course of business.
CANCELLATION/TERMINATION
64. Mossel Bay Storage requires 30 days written notice of cancellation or termination of the agreement by way of e-mail or hand delivered notice.
65. Mossel Bay Storage requires a 24 hour notice period to access and vacate (self-empty).
66. The Customer’s account must be paid up to date in order to access their Storage Unit.
67. Penalties for cancellation not done in terms of this agreement will be as follows:
LIEN OVER GOODS IN FAVOUR OF MOSSEL BAY STORAGE
68. The Customer warrants that the Customer is the owner of the goods stored and contained in the Storage Unit.
69. The Customer, gives security for punctual and due performance of all the Customers obligations to Mossel Bay Storage in terms of this agreement, (including legal fees), by pledging, ceding and transferring all it’s right, title and interest in and to all goods stored and contained in the Storage Unit.
70. Your attention is drawn to the fact that you cede the contents of your unit(s) to Mossel Bay Storage on your continuous default and after due notice has been given which result is that Mossel Bay Storage is exempted from having to apply for a court order in order to sell your goods on auction or otherwise as provided for in these terms and conditions.
71.Mossel Bay Storage may at its sole and absolute discretion decide to sell the goods or any item stored with which forms part of the goods, to a third party to ensure that the best possible price is achieved.
72. Mossel Bay Storage shall have a lien on all goods in storage for any sum due to it by the customer and unpaid. Accordingly, Mossel Bay Storage will have a legal right to withhold or ultimately dispose of some or all of the Goods, as described below, to offset any amounts due by the Customer to Mossel Bay Storage in terms of this Agreement until all amounts owed by the Customer to Mossel Bay Storage have been paid in full.
73. Should the Customer fail to make payment of any amounts due to Mossel Bay Storage within 45 days’ notice by e-mail, from Mossel Bay Storage to the Customer, Mossel Bay Storage will, without further notice to the Customer, have the right to open and examine the whole or any part of the Storage Unit and/or the goods and in its discretion, to sell the whole or any part thereof and to allocate the proceeds of such sale, after deducting all expenses thereof, in payment towards any sum due to Mossel Bay Storage by the Customer. Mossel Bay Storage does not take responsibility for the loss of any goods that the Customer might consider of sentimental value neither for the loss or sale under value of goods given for sale to an auction house or third party.
74. The Customer must submit a written request to Mossel Bay Storage within 60 days of the scheduled auction date to receive any outstanding funds, without interest, owed to them after the sale mentioned above and provide their banking details. Failure to provide account details within this time period after the auction date will result in Mossel Bay Storage retaining all profits made from the auction of the goods. Should any goods remain after such a sale has been conducted, the Customer will be entitled to take delivery of such goods. Mossel Bay Storage will accordingly be entitled to levy storage charges for these goods in accordance with the provisions of this Agreement and further be entitled to recover any such charges from the Customer in accordance with the terms of this Agreement.
75. Should the Customer fail to notify Mossel Bay Storage, as provided for in this agreement, of a change in the Customer’s e-mail or physical address, Mossel Bay Storage will be released from all liability whatsoever and howsoever arising, and will not be liable for any damages which the Customer may suffer, in respect of the goods stored by the Customer with Mossel Bay Storage, or by Mossel Bay Storage exercising its lien in terms of this agreement and selling the Customer’s goods.
76. The exercise by Mossel Bay Storage of any of the rights accorded to them by this clause will be without prejudice to any other rights they may have under this Agreement or at common law in respect of the non-payment by the Customer of Mossel Bay Storage’s charges.
COMMUNICATIONS AND NOTICES
77. Any communication notice given by a party under this Agreement shall:
78. Notices will be given, and are deemed received:
79. The Customer chooses as their domicile/selected address to which any court processes may be served (domicilia citandi et executandi) for all purposes under this agreement, the physical and e-mail address which appears on the Client Application Form.
80. The Customer may change their domicile/selected address to another physical address in South Africa, provide that the change shall become effective on the 7th (seventh) business day form the deemed receipt of the notice by Mossel Bay Storage.
MAGISTRATES COURT JURISDICTION
81. The parties to this agree that any Magistrate’s Court having jurisdiction in respect of the Customer shall have jurisdiction in respect of all matters, disputes and claims arising out of this agreement, although such matters may exceed or be outside of such jurisdiction, without prejudice to Mossel Bay Storage’s right of proceeding in any High Court having jurisdiction.
82. Mossel Bay Storage however shall be entitled, in its discretion, to institute proceedings in the High Court, to which jurisdiction the Customer hereby consents, despite that the matter may fall within the jurisdiction of the Magistrate / Lower Court.
83. The Customer shall be responsible for all the costs incurred by Mossel Bay Storage on the attorney and own client scale of charges.
84. Should the Customer fail to advise Mossel Bay Storage of a change in address and Mossel Bay Storage being unable to locate the Customer physically for purposes of service of any court process, Mossel Bay Storage will be deemed to have complied with its obligation to ensure service of the court process when service is effected on the Customer at his/her/its chosen domicilium citandi et executandi.
DEFAULT
85. Subject to the provisions of clauses 11 and 75 to 84 herein before;
86. Should the Customer:
GENERAL
87. Mossel Bay Storage may in terms of the provisions of section 11(1)(b) of the Protection of Personal Information Act 4 of 2013 use the Customers personal information to carry out actions for the conclusion or performance of this agreement.
88. The Customer consents to Mossel Bay Storage and/its agents requesting any information available on any Credit Bureau and/or financial institution regarding the Customer.
89. In the event and after the sale of the Customers goods by way of public auction in terms of this agreement and there still remains an outstanding amount, Mossel Bay Storage may file a negative report against the Customers profile at one or more of the major Credit Bureaus in South Africa.
90. Mossel Bay Storage is aware of and respects the Customers right to information in plain and understandable language as set out more fully in Section 22 of the Consumer Protection Act. As a result, Mossel Bay Storage has an open-door policy that allows and invites customers that struggle to understand any terms as set out herein, in ay notice or Agreement to raise said query with Mossel Bay Storage and one of the representatives will call the Customer to explain same.
91. No party may assign, subcontract or encumber any right or obligation under this Agreement, in whole or in part, without the other party’s prior written consent subject to the proviso that any such consent requested shall not to be unreasonably withheld or delayed.
92. If any provision of this Agreement, or part of any provision, is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected.
93. No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under this Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
94. No single or partial exercise of any right, power or remedy provided by law or under this Agreement shall prevent any future exercise of it or the exercise of any other right, power or remedy.
95. If there is a conflict between the terms contained in the main body of this Agreement and the terms of the schedules, appendices or annexes to this Agreement, the terms of the main body of the Agreement shall prevail.
96. The language of this Agreement is English. All documents, notices, waivers, variations and other written communications relating to this Agreement shall be in English.
97. All documents, notices, waivers, variations and other written communications relating to this Agreement shall be sent by e-mail to the consumer’s email as set out in the Application form.
98. This agreement constitutes the entire agreement between the parties who acknowledge and record that there were no prior representations or warranties given which induced the contract, save for insofar as such warranties or representations are set out herein.
