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Terms & Conditions


Terms & Conditions

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									                     Terms & Conditions                                            furnish a minimum of 24 (Twenty Four) hours notice of their
                                                                                   intent to access the MSU(s).
1.   In these terms and conditions Simply Store is referred to as            7.    The Company may change the opening and closing times at
     “the Company” and any individual firm, company or other                       any time without giving any prior notice.
     person with whom the Company contracts is referred to as “the           8.    The Company may elect to move the MSU(s) either within the
     Customer”. Reference to “the Contract” includes these Terms                   Centre or to another location at any time and the Customer
     & Conditions, the Quotation and any other documentation                       shall ensure that the contents of the MSU(s) are packed in such
     and/or terms forming part of the transaction concluded as                     a manner that damage will not occur if the MSU(s) is/are
     between the Company and the Customer.                                         moved.
2.   The Company shall upon payment of the agreed storage charge             9.    The Company shall deem the production of the Contract by the
     make available to the Customer a Mobile Storage Unit                          Customer or the oral quotation of MSU numbers or account
     (“MSU”) or multiples thereof for the sole purpose of storage of               numbers as satisfactory proof that that person is the Customer
     the Customers goods.                                                          or an authorised representative of the Customer. Similarly if
3.   The Company may prevent the Customer from entering upon                       the Company is contacting the Customer by any means the
     its premises and having access to the MSU(s), should the                      MSU number(s) or account number will be accepted as
     Customer be in breach of any of the provisions of this                        satisfactory proof of identity.
     Agreement and for as long as the breach remains unremedied.             10.   The Company (and its agents or servants) reserve the right to
4.   When the Customer requires the Company to supply the                          enter the MSU(s) without the Customers permission and to
     MSU(s) to a location nominated by the Customer, then, whilst                  remove all or any of the goods stored in the MSU(s) for the
     the MSU (s) is at the Customer’s nominated premises, the                      purpose of inspection, cleaning and repairs to the MSU(s) or in
     Customer shall be liable for any risk and/or damage to the                    an emergency or to establish whether such entry is required in
     trailer(s), the MSU(s) and any contents packed therein. As                    the interests of safety or to prevent damage or injury to persons
     such, the Company will not be liable in respect of any loss of or             or property or to remove dangerous and/or prohibited items if
     damage to the trailer(s), MSU(s) and or contents, nor any fines               the Company is required to do so by any Statutory and/or
     or charges or damages arising from inter alia the positioning of              Regulatory Authority or Court Order, or to comply with any
     the trailer(s).                                                               other clause in this Agreement. The Company shall not be
5.   The Customer is required to inspect the MSU (s) prior to                      liable for any damage caused to the goods stored in the MSU as
     commencing the loading thereof with its goods. In the event                   a result of such entry and / or removal.
     that the MSU(s) should be damaged in any manner whatsoever,             11.   The Customer warrants to and in favour of the Company that:
     then and in such event the Customer shall be required to                      a)      The Customer is the owner of and/or is entitled in law
     forthwith inform the Company in writing, failing which the                            to be in possession of the goods stored in the MSU(s).
     MSU(s) shall be deemed to be in good order and condition as at                b)      Such goods are not of a dangerous nature, do not have
     the commencement of this Contract.                                                    any dangerous characteristics and do not constitute gas
6.   The Customer may have access to its contents as stored in the                         bottles, aerosols, paints, firearms or ammunition,
     MSU(s) in the Company’s Storage Centre (“the Centre”) at any                          corrosive or explosive articles, food, animals, livestock,
     time during the normal trading hours of the Company. Access                           plants, vermin, stolen goods, drugs or any other
     will not be permitted outside these hours. The Customer shall                         items/good which could contaminate or otherwise
             damage or effect the Company premises or other goods            13.   The Customer shall comply with all fire, safety and security
             stored therein or not emit any fumes or odours.                       precautions or instructions about the Company’s premises or as
      c)     The goods shall be adequately packaged by the                         directed by a member of the Company’s staff:
             Customer.                                                             a)      the Customer must be available to receive any
      Notwithstanding the aforesaid, the Company may, in its                               deliveries or collections
      absolute and sole discretion, refuse to permit storage of any                b)      ensure that the MSU is secure at all times when not in
      goods or items regardless of reason.                                                 use by attaching security seals or by attaching a
12.   The Customer shall not:                                                              padlock.
      a)     use the MSU or Centre to do or suffer to be done                      c)      at all times exercise courtesy to others when using any
             anything which is or may become a nuisance to the                             part of the Centre.
             Company’s employees, agents or Customers.                             d)      inform the Company immediately of any damage to the
      b)     store anything which may render void or voidable or                           MSU.
             increase the rate of premium of any insurance carried                 e)      comply with the directions of the Company’s
             by the Company or its occupiers or employers                                  employees or agents at the Centre and any further
             liabilities.                                                                  regulations for use of the MSU, which the Company
      c)     cede, transfer assign or in any way part with the benefit                     may issue from time to time.
             of this Agreement which shall be reserved to the                      f)      indemnify the Company from any claims for loss or
             Customer.                                                                     damage arising from the breach of this Agreement
      d)     use the MSU(s) or Centre as offices or living                   14.   The storage charge for the first 4 weeks of storage shall be due
             accommodation or as a home, business or domicilium                    and payable on the commencement of the Contract and the
             address.                                                              charge for each successive 4 week period shall likewise
      e)     spray paint or do mechanical work of any kind to the                  become due and payable on the commencement of each 4 week
             MSU(s) or Centre.                                                     period. The Company shall be entitled to increase the monthly
      f)     attach anything to the walls, ceiling or floor of the MSU             charge under the Agreement by giving notice in writing to the
             or Centre or make any alteration to the MSU.                          Customer at least 30 days before such increases are to take
      g)     cause any damage to the MSU or the Centre or to the                   effect. The Company shall be entitled to charge interest on
             property or possessions of the Company or any other                   arrear payments calculated at prime lending rate as charged by
             Customers. If in breach of this clause the Customer                   ABSA Bank Ltd, plus 5% (Five Per Cent) per annum, for as
             must (at the option of the Company) repair, restore or                long as any charges remain unpaid
             replace such damaged items, or reimburse the                    15.   For the duration that any charges remain unpaid, the Company
             Company’s costs in making necessary repairs,                          reserves the right to exclude the Customer from the Centre and
             restoration or replacement.                                           to deny the Customer access to the Centre, whether or not the
      h)     Cause any obstruction or undue hindrance in any                       Agreement has been terminated. If the Company exercises its
             passageway, stairway, service area, access area or other              right under this clause it will not affect the Customers right to
             part of the Centre.                                                   pay any unpaid or future charges.

16.                                                                                       resulting from the sale or destruction of the goods of the
      a)   All charges payable in terms of the Contract shall be                          Customer.
           paid by the Customer to the Company without                           e)       Any sale under paragraphs (a) or (b) of this clause shall
           deduction, set off or exchange. In the event that the                          be without prejudice to the Company’s right to recover
           Customer should fail to pay any charges due to the                             from the Customer any balance outstanding and due
           Company in excess of 30 (Thirty) days calculated from                          from the Customer after the proceeds of such sale have
           the due date, then and in such event the Company shall                         been applied in accordance with paragraph (c) of this
           be entitled to give written notice to the Customer                             clause.
           requiring the Customer to make payment of the said                    f)       The Company shall have a creditor’s lien over all goods
           arrears within 7 (Seven) days calculated from the date                         stored in the MSU(s) are subject to the general lien of
           of such notice.                                                                the Company for all sums due and payable and
      b)   In the event that the Customer should not within 3                             becoming due under the Agreement and for other
           (Three) days calculated from the date of such notice pay                       monies due to the Company from the Customer,
           to the Company the required amount of unpaid charges                           regardless as to whether such monies are owed in
           and any other sums due and payable under this                                  respect of the contents stored in a specific MSU or any
           Agreement the Company shall at its absolute discretion                         other MSU belonging to the Customer in respect of
           be entitled to dispose of such goods either by public                          which charges remain unpaid.
           auction or private treaty, or otherwise by destroying the       17.   The Customer can terminate this Contract by giving 30 (Thirty)
           same. For the purposes of giving effect to the                        days written notice to the Company, provided that all charges
           provisions hereof, and by virtue of the lien which the                have been settled and the Customer is not in breach of any term
           Company enjoys over the said contents, the Customer                   of this contract. Should the Customer require transportation of
           hereby grants the Company an irrevocable Power of                     the goods and the Company is not able to do so on the
           Attorney to either dispose of or destroy the contents as              preferred date for any reason whatever, then the storage
           aforesaid.                                                            charges will continue to be applied until the date the MSU or
      c)   Should the Customer be in arrears with payment, the                   the goods leave the Centre.
            Company shall be entitled to require the Customer to           18.   On termination of this Contract, the Customer shall be obliged
            make payment in advance of any future charges to be                  to remove all goods from the MSU and leave the MSU clean
            incurred.                                                            and tidy and in the same condition as at the commencement
      d)   The proceeds of sale referred to herein before shall be               date. The Company may charge the Customer if at its sole
           applied by the Company firstly to the unpaid charges or               discretion it decides it is necessary to clean or repair the MSU
           any other sums due or payable under the Agreement                     or dispose of any goods or rubbish left in the MSU or at the
           and to any costs and/or charges and expenses incurred                 Centre or in the trailer. The Company may treat any goods left
           by the Company in or in connection with such sale and                 in the container as abandoned and may dispose of them as set
           the Customer shall only be entitled to claim the balance              forth in Clause 16 above.
           (if any) remaining after. The Customer shall have no            19.   It will be the Customer’s sole responsibility to:
           claim of any nature whatsoever against the Company                    a)       declare to the Company in writing, the description of
                                                                                          the goods to be stored;
      b)      obtain at the Customer’s own expense all permits,
              permissions and licenses necessary for the delivery /
              collection to be completed; and
      c)      provide the Company with a contact address and
              telephone number(s) while the goods are in store.
20.   Exclusions of liability
      a)      The Company, its directors, employees, contractors,
              consultants and/or agents shall not be liable for any loss
              or damage of any nature whatsoever and howsoever
              arising, which may be suffered by the Customer,
              regardless as to whether such loss or damages was due
              to any neglect or wilful default by the Company or such
              other persons.
      b)      The Customer shall be required to obtain and pay for its
              own insurance so as to cover the risk of loss or damage.
21.   The Company reserves the right to charge any delivery /
      collection charges in full if delivery / collection is cancelled
      less than 2 working days before the delivery / collection is
      scheduled to take place.
22.   The Customer hereby appoints as its domicilium citandi et
      executandi the address set out in the Contract, for the purposes
      of delivery or service of any notices, correspondence or legal
23.   Where the Customer is two or more persons their obligations
      under this Contract shall be joint and several
24.   The Company reserves the right to amend these Terms &
      Conditions at any time.
25.   In the event of the Company instituting legal action against the
      Customer, the Customer shall be liable to pay the legal costs of
      the Company calculated as between Attorney and own Client.
26.   The Contract contains the sole memorial of terms and
      conditions regulating the transaction between the Company and
      the Customer. Any variation, amendment or cancellation shall
      not be of any force or effect unless reduced to writing and
      signed by both parties.


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