TRADING TERMS AND CONDITIONS
This Agreement explains your rights, obligations and responsibilities and those of Storage King:
- “Agreement” means this document of terms and conditions as well as any annexures thereto including the Schedule. The use of the term “Agreement” refers to 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 this Agreement and as such the Agreement becomes legally binding between you and Storage King and further, you warrant that the information you have inserted into the Client Application Form is true and correct in all respects.
- “Customer” refers to the person or entity specified above making use of the cartage or storage service of Storage King, whether acting in his personal capacity or in his capacity as agent or otherwise for a third party.
- “You” or “your” refer to the Customer.
- “We”, “us” or “Storage King” refers to Storage King SA (Pty) Ltd trading as Storage King which carries on business as a carrier and storage provider of the Goods warehoused at its premises and includes its employees, servants 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 Storage King.
- “Client Application Form” means the application form sent to Customers detailing the Customer’s personal details;
- “Storage Pod” means the wooden storage container used to store the Goods on behalf of the Customer.
- “The Goods” mean the goods which the Customer has instructed Storage King to store and/or cart on their behalf whether they are situated in the Container or otherwise.
- “The Schedule” means the Storage King Price List which contains the particulars of this Agreement which are deemed to be an integral part of this Agreement.
CONDITIONS OF RENTAL
- Upon acceptance by Storage King of this Agreement, you acknowledge and agree that it will become a legally binding contract.
- Storage King’s rental shall be for no shorter than a month period, or for as long as is required on a month-to-month basis by the Customer.
- The rental for a Storage Pod commences upon occupation of the Storage Pod by the Customer.
- Storage King will, upon delivery to it of the Goods for storage, furnish to the Customer an invoice which will specify the date that the Storage Pod was received into storage. In the absence of a written notice by the customer disputing the accuracy of the invoice within 30 days of the issue thereof, the accuracy of such invoice will be prima facie.
- Storage King agrees to levy the charges reflected in the Schedule as remuneration for any services provided by Storage King to the Customer. In the absence of the Schedule and/or any other written and signed agreement between Storage King and the Customer, Storage King 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. Storage King shall be entitled to allocate all payments made by the Customer to Storage King toward any debt payable by the Customer to Storage King at its own discretion.
- Any quotation and/or charges quoted by Storage King to the Customer excludes 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 Storage King, such charges shall be payable by the Customer in addition to the charges levied by Storage King for their services.
- Payment is due on invoice date and thereafter on the 1st business day of every month.
- Payment made by EFT is due on the 25th of each month in advance.
- All variable amounts owed by the customer to Storage King 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 due to any reason whatsoever.
- Invoices shall be sent during the month to the Customer’s e-mail address provided on the Client Application Form.
(a) Email reminders are sent at the end of the month, thereafter a grace period of 7 days exists, after which Storage King shall charge penalties as provided for.
(b) Payment can be in form of cash, cash deposit or Electronic Funds Transfer (EFT), cheques are not accepted.
- Storage fees are charged per calendar month and not on a pro-rata basis.
- The sales order is formulated from an inventory supplied by us, and although the number of Storage Pods estimated to store all the goods listed are derived from this inventory, it remains an estimate due to the differences in style, shape and size of the goods that are unknown to Storage King. Any goods that are too large to fit inside the Storage Pods will be wrapped in a protective sleeve and then stored on a platform at an additional cost per calendar month. Only one item per platform is allowed. The payment for all extra services rendered by Storage King (extra Storage Pods, delivery charges, wrapping, hoisting etc.) other than what is reflected on the original invoice will be invoiced after the collection.
- Storage King shall apply an increase when deemed necessary regardless of the date of commencement of this agreement as the storage rental is strictly on a calendar month to month basis.
- Late payments shall accrue interest at the prime rate of Storage King’s bankers plus 5% per annum.
- Further, late payments will carry an R115 administration fee per week, until all outstanding payments are received.
- Returned unpaid debit orders will carry a fee of R150.
- Specific Absa bank details are required if a cash deposit is made and not our standard Investec details and proof must be emailed to Storage King, with the Customer’s name written on it, in order to match the payment.
- The Customer hereby, by way of security, pledges, cedes, transfers and makes over to Storage King the contents stored in the Storage Pod, for the due and punctual discharge of its payment and other obligations (including legal and collection fees) in terms of this Agreement.
- A certificate under the hand of a director of Storage King as to the indebtedness of the Customer herein shall be prima facie evidence of the Customer’s indebtedness to Storage King hereunder and of all such other facts for the purposes of a provisional sentence or summary judgment proceedings or for any other purpose.
- The Customer is to supply its own padlock and key for purpose of locking the Storage Pod (alternatively one can be supplied by Storage King at your expense);
- The Customer shall retain the key at all times;
- Any packing or wrapping materials used on the day will be charged for afterwards.
- If the Customer requires Storage King to wrap and pack or dismantle something, prior notice must be provided and a consultant of Storage King will quote separately for such. The Customer agrees to defrost all refrigerators and freezers and disconnect all water connections to washing machines and dishwashers before collection.
- Storage King must be informed of any weight/height restrictions imposed at the collection address that will prevent Storage King’s trucks from entering your premises/complex. The attached sales order was calculated assuming our 3.8-ton truck can gain access to your premises and that all access corridors, stairwells, lifts and common ground walkways into your premises can accommodate the easy removal of your goods by Storage King. If we have not been forewarned and cannot gain easy access to your premises, a surcharge will be added after the collection of your goods.
- The attached sales order is calculated assuming your goods are to be removed at ground level and that the truck can stand within 20 meters of your doorway.
DANGEROUS GOODS AND DAMAGE TO GOODS
- The Customer agrees not to deliver for storage any Goods which are likely to encourage beetles, moths, vermin or any similar infestation. Should the Customer choose to deliver such Goods to Storage King despite the contents of this clause and without the express consent of Storage King, Storage King cannot be held liable for any loss or damage suffered by Storage King, the Customer or any third party and the Customer hereby indemnifies Storage King against any and all such claims of whatsoever nature. Should Storage King discover any such Goods upon its premises, Storage King 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.
- Storage King agrees to take all reasonable steps to protect the Storage Pods from any infestation of beetles, moths and vermin.
- The Customer agrees that Storage King transports and stores the Goods at the Customer’s own risk and Customer hereby indemnifies Storage King from any loss and or damage howsoever arising and of whatsoever nature during the course of Storage King providing its services to the Customer. This indemnity includes, but is not limited to, any liability for direct and/or consequential loss or damage arising from loss of Goods, damage to Goods, the failure to collect or deliver Goods timeously, adequately or at all, or from any other cause howsoever arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of Storage King, its agents or employees, or otherwise.
- The Customer agrees to ensure that the Goods are prepared in advance for loading on the date provided by Storage King to the Customer and that all necessary documentation and payments have been prepared and made by the Customer to Storage King in advance to ensure that no delay can be caused by the Customer when Storage King arrives to collect the Goods. Furthermore, the Customer agrees to ensure that all places to collect and deliver the goods will be safe, suitable and have adequate access.
- Storage King has full discretion as to the route it takes when transporting the Goods.
- Although Storage King will take all reasonable steps to safeguard the customers goods, the customer hereby indemnifies Storage King and holds Storage King, 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 Storage King for so long as the goods are held on Storage King’s premises. This indemnity extends to encompass all goods stored with Storage King, 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 Storage King 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
- Storage King strongly recommends that you insure your Goods against all insurable damages during removal, shipping and storage for their full replacement value. Storage King may arrange insurance cover with its insurance company only upon receipt of a written request to do same from the Customer. The Customer will be legally bound to any terms and conditions supplied by Storage King’s insurance company. Should Storage King’s insurer dispute it’s liability for any reason, the Customer shall have recourse against the insurer only and Storage King shall not be under any liability in relation thereto. It is specifically recorded that the exclusion of liability of Storage King 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.
LICENSES AND PERMITS
- In the event of Storage King 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 Storage King’s standard tariff or in the Schedule. In the event of Storage King 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 Storage King shall be entitled to charge an additional remuneration in proportion to the resulting extra distance travelled.
- If any license and/or permit to handle Goods is required under any law, Storage King 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 Storage King for the purpose of applying for or obtaining any such license and/or permit.
- Storage King shall not be liable to the Customer for any delay in delivery or otherwise brought about by Storage King’s submission with any instructions issued by any competent authority. Any extra costs incurred by Storage King as a result of such submission with any such instructions shall be added to the charges due by the Customer where same is not provided for in the Schedule.
ONUS OF PROOF
- The onus of proving the quantity, type, physical properties and composition and the condition of the Goods and/or the condition of any Storage Pod at the time of receipt thereof by Storage King shall at all times remain with the Customer.
- Storage King reserves the right to dispose of any and all perishable Goods without notice to the Customer which are not removed by the Customer and/or are not sufficiently marked or identifiable by Storage King. Any costs incurred by Storage King in this process shall be for the Customer’s account.
- The use of outside agencies and/or third parties and/or subcontractors will not be permitted to perform any work on Storage King’s premises and/or warehouse without the prior written approval by Storage King. This excludes the delivery and collection of Goods to and from the premises and warehouse in the normal course of business.
- Storage King requires 30 days written notice of cancellation by way of e-mail or hand delivered notice.
- Storage King requires a 24 hour notice period to access and vacate (self-empty).
- Storage King requires 5 days’ notice to redeliver depending on availability.
- The Customer’s account must be up to date in order to access their Storage Pod.
- Penalties for cancellation will be as follows:
- 72 hours’ notice – 50% of the value of the quote;
- 48 hours’ notice – 75% of the quote value;
- 100% cancellation fee will be charged for same day cancellations; and
- If all or part of the Agreement is terminated, in the absence of a written agreement by Storage King, you shall pay termination charges based upon actual expenses and costs incurred by the Storage King.
LIEN OVER GOODS IN FAVOUR OF STORAGE KING
- Storage King shall have a lien on all goods in storage for any sum due to it by the customer and unpaid. Accordingly, Storage King 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 Storage King in terms of this Agreement until all amounts owed by the Customer to Storage King have been paid in full.
- Should the Customer fail to make payment of any amounts due to Storage King within 45 days’ notice from Storage King to the Customer, Storage King will, without further notice to the Customer, have the right to open and examine the whole or any part of the Storage Pod 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 Storage King by the Customer.
- Any remaining funds owing to the Customer after such a sale as contemplated in clause 53 will be paid over to the Customer by Storage King, without interest, within 60 days after such sale. Should any Goods remain after such a sale has been conducted, the Customer will be entitled to take delivery of such Goods. Storage King 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 which will apply mutatis mutandi thereto.
- Should the Customer fail to advise Storage King of a change in address and Storage King being unable to locate the Customer, Storage King will be released from all liability whatsoever in respect of the Goods stored or the payment of any sums arising.
- The exercise by Storage King 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 Storage King’s charges.
- The parties hereby acknowledge and agree that the Law of the Republic of South Africa will apply to all transactions surrounding these trading terms and conditions.
- The parties hereby agree and consent to the jurisdiction of the Magistrates Court for any action arising out of this agreement, notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrates Court. Should Storage King need to enforce any rights in terms of this Agreement against the Customer in a Court of law, in such instance the Customer agrees to pay Storage’s Kings legal costs on the scale as between attorney and client.
- The Customer has read the terms and conditions contained in this Agreement and understands and accepts them in every respect.
- If any of the terms and conditions in this Agreement are found to be invalid then that will not invalidate the remainder of this Agreement.
- Damages to goods caused by an act of God, vis major, may not be attributed to Storage King.
- No statements, recommendations or assistance by Storage King may be construed as a waiver of Storage King’s rights in terms of this Agreement.
- Any notice or request required or permitted to be given in connection with this Agreement shall be sent by e-mail or by express delivery service at the address specified on the Client Application Form which the client elects to be his/her chosen domicilium citandi et executandi.
- Section headings are for convenience only and are not to be construed as part of this Agreement.
- This Agreement constitutes the sole record of the agreement between the parties. Storage King shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. Furthermore no addition to, variation of or agreed cancellation of this Agreement shall be of any force or effect unless recorded in writing and accepted by Storage King in writing.
- No relaxation or indulgence which Storage King may grant to the Customer shall constitute a waiver of its rights and shall not preclude it from exercising any of its rights which may have arisen in the past or which might arise in the future.
- Any dispute on this Agreement, including as to its validity, existence, or interpretation, shall be determined (if Storage King in its sole discretion so elects) by arbitration in accordance with the Arbitration Act 1965, as amended, or any legislation succeeding this law, as well as in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”). The arbitrator appointed by the chairman of AFSA but in the event of Storage King not preceding with arbitration the dispute will be dealt with in the normal court having jurisdiction. In all events, Storage King shall be entitled in any proceedings to recover costs on the scale as between attorney and own client.
- The Customer indemnifies Storage King from and against all liability of whatsoever nature, arising directly or indirectly from bodily injury sustained whilst on the premises of Storage King through the negligence of the Customer and or third party, whether it arises from negligence or gross negligence, on the part of Storage King, its servants, agents or employees, or otherwise.
- The Customer agrees to accept all notices contemplated in this Agreement electronically per the email addressed provided by the Customer on the Client Application Form. Such notices will be deemed to have been received by the Customer at the date and time such notice was electronically dispatched by Storage King.