1. Scope and definitionThese general terms and conditions of storage are applicable to all Self Storage agreements between a company called POD IT SELF STORAGE, Registration Number 2017/324611/07, hereinafter called ‘Podit’ on the one hand, and parties using storage space/containers (or any other Podit storage product or service that is made available from time to time), hereinafter called ‘the Customer’ on the other hand. The Podit storage container is called “POD’s” and this Storage Agreement including these General Terms and Conditions is hereinafter called ‘the Agreement’. All goods which are stored or placed anywhere in the Podit storage facility (including the POD) are referred to as ‘the stored items’.
2. Purpose and use
2.1 Podit grants the Customer a right to rent and use the POD in accordance with the terms of the Agreement for the sole purpose of storing goods as permitted herein. A customer may not use the POD for another purpose. The Customer hereby acknowledges and expressly agrees that nothing in the Agreement shall be construed so as to create any legal or proprietary interest in the POD. Podit shall not for any purpose whatsoever act as a warehouse keeper, guardian or custodian of the stored items. By entering into the Agreement, Customer warrants having sole legal and beneficial title to the stored items and accepts any and all liability in connection with the stored items. The Customer indemnifies and will hold Podit harmless against any claim or cost or any action or proceeding in connection with the stored items from any third party, including disputes in connection with the ownership or rights to possession.
2.2 The Customer will use the POD with due care and in accordance with the permitted use and the Agreement. The POD must be kept locked at all times. The Customer is not allowed to dispose of waste in the POD and in the event that the POD is used to dispose of waste, the Customer will be liable to Podit in respect of any waste disposal costs.
2.3 The Customer confirms having inspected and accepted the POD in good condition and in that it conforms with the legal and agreed use which the Customer expects to make of it. The Customer understands and accepts the safety and security provisions of this Agreement. Podit explicitly provides no warranties and accepts no liability whatsoever with regard to the legal and agreed purpose and use, as well as the safety and security expectations of the Customer.
2.4 The Customer will comply with the provisions of this Agreement, the law and local regulations and the instructions of the local and national authorities, the utility companies and insurers insofar as they may be contained herein or communicated by Podit to the Customer from time to time.
2.5 Customer acknowledges and accepts full responsibility and liability for all acts of persons who have access to the POD or use the access code of the Customer and references to ‘Customer’ in these terms shall be treated as references to any such persons. 2.6 The Customer is bound to use the POD in such a way that no damage to the environment or any disturbance to other users (e.g. noise by radio’s or equipment, dust, smell, leakages) in any form can originate or can reasonably be expected to originate from the POD, and is bound to take sufficient precautionary measures to prevent any such environmental damage or nuisance.
3. Term of the Storage Agreement
Unless otherwise agreed under the special conditions, a Storage Agreement is concluded for an initial minimum period of one month. After this initial minimum one month period, the contract will continue for an indefinite period and can be cancelled any time in writing by either party at will, by giving a minimum written notice of one calendar month. A calendar month, for the purpose of termination of this Agreement, is defined as commencing on the first day of a particular month and ending on the last day thereof.
4. Storage charges and late payment
4.1 All storage charges and fees will be invoiced per calendar month or pro rata thereof, if applicable, together with any VAT payable (where applicable). A calendar month, for the purpose of invoicing in terms of this Agreement, is defined as commencing on the first day of a particular month and ending on the last day thereof.
4.2 Upon signing the Agreement, the Customer must pay the first invoice at signature comprising all storage charges, service fees and costs related to the 1 st month of storage. The Customer will also always have to pay the storage charges, service fees and costs in advance for the following calendar month on or before the first day of the subsequent calendar month.
4.3 Podit reserves the right to periodically review the storage charges and fees. Reviewed charges and fees are applicable 30 calendar days after written notice is provided by Podit.
4.4 Podit may, at its own discretion, proceed with paper invoicing or electronic invoicing of the monthly storage charges and fees (using the email address specified by the Customer in case of electronic invoicing). If the Customer insists on getting paper invoices through the post, Podit will charge a monthly fee for this service provided. The Customer accepts e–mail as a proper and sufficient method of communication between the Customer and Podit, for all purposes.
4.5 If the payment of the monthly storage charge and fees in not received in full on the due date, Podit may deny Customer access to the POD until such time that the total outstanding balance is settled. Podit may also charge an administrative fee after the first reminder notice and also after each subsequent reminder notice.
4.6 If any storage charge or fee due under this Agreement is not paid within 30 days of the due date Podit has the following additional rights:
(a) to break the existing lock on the POD and install a new one, (b) to remove the stored items from the POD to such alternative storage facilities as Podit may decide without incurring any liability for loss or damage arising by value of such removal, (c) to charge the Customer the full costs of removal of the stored items from the POD and storage costs elsewhere together with any repeated cost thereof should Podit require that the stored items be moved at any time thereafter, (d) to terminate the Agreement and to charge in the meantime a monthly occupancy fee for an amount equal to the monthly storage charge, (e) to consider the stored items in the POD as abandoned goods and to dispose of these goods at Podit’s sole discretion.
The proceeds of any sale in accordance with paragraph 4.6 may be retained by Podit and applied to discharge any expenses incurred by Podit in exercising Podit’s rights under this clause and any further sums owing to Podit under this Agreement. The balance of the proceeds will then be refunded to the Customer (or to a relevant insolvency practitioner in the case of the insolvency of the Customer); to the extent that the Customer cannot be located or fails to collect the balance of the proceeds such proceeds will be held on behalf of the Customer by Podit. Nothing in this clause shall prejudice Podit’s entitlement to payment of storage charges or any other sum due to Podit hereunder whether or not Podit has chosen to exercise any or all of its rights as set out above.
4.7 Customer agrees that all the stored items in the POD shall be security for Podit’s entitlement to payment of the storage charges, fees and any other sums due to Podit, to the effect that access to the stored items in the POD may be denied until such time as full payment is obtained. Customer also accepts that this security may lead to a loss of the ownership of the stored items in the POD. In particular, the Customer acknowledges that Podit, in its capacity as lessor, has a lien as a form of security on all goods stored in the POD.
5. Access Notices
5.1 Entering the storage facility The Customers is only permitted to access the loading bay and offices at the Podit storage facility and no further.
5.2 Customer access to the POD The Customer is solely responsible for the correct locking of the POD.A lock may be purchased from the Podit online store.
6. POD and availability of the POD
6.1 The POD is provided by Podit and accepted by the Customer in a good and clean state without defects.
6.2 Podit always has the right, at no extra charge to the Customer, to provide the Customer a different POD of a similar or bigger size.
6.3 If no POD of the agreed size is available on the agreed move-in date, Podit has the option (i) to provide the Customer with another POD, which meets the Customers’ requirements or (ii) suspend the Agreement until a POD of the agreed size becomes available. In the latter event the Customer’s obligations by virtue of the storage agreement are suspended until the POD is made available to the Customer and the Customer owes no charges up to the date on which a POD can be made available. In addition, as the sole remedy to the Customer, the Customer has the right to terminate the Agreement against full refund of the storage charges and fees paid. Podit is not liable for damage occurring to the Customer as a result of any delay in availability.
6.4 The Customer shall not be entitled to exclusive possession of any POD. Podit shall be entitled at any time to specify an alternative POD and may, subject to providing the Customer with at least fourteen days advance notice require that the Customer move the stored items so such alternative POD.
7. Forbidden goods and activities
7.1 The Customer is strictly forbidden from storing the following goods in the POD (this list is not exhaustive): ● Cash money, securities, stocks or shares, ● Any item which emits any fumes, smell or odour, ● Birds, fish, animals or any other living creatures ● Refuse and other waste materials (including animal and toxic / hazardous waste materials), ● Food and other perishable goods (subject to decay unless securely packed so that they are protected and do not attract vermin or cause any other form of nuisance, ● Firearm, explosives, weapons or ammunition, ● Any illegal substances such as drugs, illegal items or goods illegally obtained such as smuggled or stolen goods, etc. ● Chemicals, radioactive materials, biological agents, asbestos and / or processed asbestos, ● Artificial fertilizer, ● Gas bottles or any other compressed gases and/ or batteries, ● Fireworks, ● Combustible or flammable materials or liquids including diesel and petrol; ● Any other toxic, flammable or hazardous substances or preparations that are classified as such under any applicable law or local regulations such as: - explosive substances and preparations such as spray cans including air – fresheners, hair lacquer, car paint, varnish and car windscreen defroster; sprays and (liquid) gases such as LPG, hydrogen, acetylene, propane gas and butane; - oxidising substances and preparations such as hydrogen and other peroxides, chlorates, strong saltpetre and perichloric acids; - highly flammable substances and preparations such as petroleum, benzene, burning alcohol or methyl alcohol, turpentine, white spirit, acetone, paint, windscreen defroster, air freshener, close–contact adhesive and neoprene adhesive; - highly toxic substances and preparations such as methyl alcohol, stain removers, pesticides; - harmful substances and preparations such as cleaning products, paint thinners, wood preservations products, paint removers; - caustic substances and preparations such as unblocking agents for pipes, decalcifying products, caustic soda, strong acids, caustic products such as oven and toilet cleaners; - irritants and preparations; - sensitising substances and preparations; - carcinogenic substances and preparations; - mutagenic substances and preparations; -- - substances and preparations that are dangerous to the environment such as CFC’s PCBs and PCTs; pesticides and heavy metals such as mercury in thermometers, cadmium and zinc form batteries, lead and copper; - pesticides and herbicides Most toxic, flammable or hazardous substances can be recognised by the following symbols: Explosive / risk of explosion Oxidising, facilitates the ignition of another product Toxic, dangerous product that can be deadly Harmful / irritant, harmful or irritant (including genetically harmful substances) Caustic / corrosive, affects the skin or materials. Environmentally dangerous, a danger to the environment. Flammable, flammable products
7.2 The POD may not be used for any illegal or criminal activities.
7.3 If the Customer acts in violation of paragraph 7.1 and/or 7.2 above, the Customer shall indemnify Podit for any damage Podit may suffer as a result and the Customer may be exposed to criminal prosecution. Podit will not inspect or verify the stored items and their compliance with the terms of this Agreement.
7.4 in the event that Customer is suspected of being in violation of this Agreement, in particular paragraph 7 hereof, Podit has the right but not the obligation to notify the competent authorities and allow these to access the POD for verification purposes all at the Customers’ expenses. Podit may, but is not obliged, to notify the Customer hereof.
8. Liability and exclusion of liability
8.1 The storage of the stored items in the POD is and remains always at the sole risk of the Customer. Podit shall not be liable for any damage to the stored items whatsoever nor shall Podit be liable for any property damage or for any economic loss of the Customer. Although Podit has taken steps to ensure that the Podit facility is secure in the manner stated on the webpage, Podit provides no warranty to the Customer with regard to supervision of the storage facility or the POD or with regard to the security of the storage facility. Podit shall will not check the stored items in order to verify that the stored items are suitable for storage in a POD or ensure that the stored items comply with relevant regulations or the terms and restrictions of this Agreement and Podit accepts no liability for any loss suffered by the Customer in the event that the storage of the stored items in the POD is inappropriate, unsafe or illegal.
8.2 Podit will always permit inspections or controls by the local, regulatory or criminal justice bodies or authorities in or on the POD when requested to do so and will not inform the Customer nor verify the rights of inspection. Podit shall not be liable for the consequences of any such inspection or control including (without limitation) any damage to the stored items and/or locks and fittings. The Customer is liable at all times with respect to Podit for any damage Podit could suffer as a result of these controls and inspections.
8.3 Customer shall indemnify Podit on a continuing basis against costs, claims, liabilities, damages or expenses which Podit suffers or incurs in connection with the use by the Customer of the POD including without limit any claims made by any third party or authority in connection with the misuse of a POD by the Customer. 8.4 Podit is not liable for indirect (or consequential) losses of the Customer including lost bargain, lost profit, lost opportunity, loss of anticipated savings or lost reputation or for any damage as a result of the activities of other Customers or of hindrances in the use of the POD caused by the third parties.
8.5 The Customer agrees that given (a) the availability of insurance to protect the value of the stored items, (b) the fact that Podit has taken no steps to verify the Customer’s usage of the POD. (c) the fact that Podit has no means of evaluating the Customer’s risk, and (d) the potentially large difference between the charges and fees paid by Customer to Podit and the damage which the Customer may suffer, the exclusions and limitations of liability in this paragraph 8 are fair and reasonable.
9. Duty to insure
During the entire term of the Agreement the Customers shall insure the stored items for losses and damages under an all-risks insurance up to a level selected by the Customer but sufficient to cover the full value of the stored items. Failure to do so will mean that in the event of loss of the stored items due to any cause (including gross negligence of Podit) the loss shall be for the risk and account of the Customer.
10. Non-compliance with the Agreement and Termination
10.1 In the event that the Customer: (a) does not comply with any obligation imposed under law, local or national regulations or customs; or (b) fails to comply with the terms of this Agreement (including any failure to make payment of charges and fees due); or (c) is subject to any insolvency event, then Podit has the right to terminate the Agreement at any time without notice and without prejudice to any of its rights and remedies and shall be entitled to payment of all losses, charges, fees and all other sums due hereunder.
10.2 In the event of termination of this Agreement the Customer will be informed and must collect the stored items within fourteen days of such notification. If the Customer fails to collect the stored items then Podit may exercise any of the rights set out in paragrah 4 hereof including the right to sell or dispose of the stored items.
10.3 The Customer shall reimburse to Podit all actually incurred costs of Podit in connection with debt collection and enforcement of the Agreement on an attorney-and-own-client scale.
11. Prohibition of subletting and assignment
11.1 The Customer may not sublet or share the POD in full or in part.
11.2 The benefit of this Agreement is personal and Customer shall not be capable of assignment to any third party without the prior written approval of Podit. The right to occupy the POD can only be exercised by the Customer.
11.3 Podit is entitled to transfer its rights and obligations under the Agreement to any other company without the prior approval of the Customer.
12. End of the Agreement
At the end of the Agreement, Customer must return the POD to Podit clean, tidy and unlocked and in the same condition as at the commencement date of the Agreement (save for normal wear and tear) and, if in default thereof, shall reimburse Podit the costs expended by Podit in making good any damage caused by Customer.
13. Customer must remove all Goods in the POD.
All Goods left behind by the Customer after the ending of the Agreement will be considered as either transferred by the Customer to Podit or abandoned by the Customer (res derelicta) as decided by Podit. The stored items and items will be removed at the expense of the Customer. Customer remains fully liable for all costs and damage resulting from leaving the stored items. Podit is hereby granted full authority by Customer to sell Customer’s Goods.
14. Notices, change of address
14.1 From the start date of the Agreement, Podit may, at its own discretion, issue any notice or communication to the Customer either by post (at the address indicated in the Agreement) or by email or other electronic means (at the email or other electronic address provided by the Customer).
14.2 The Customer must inform Podit in writing of a change of its postal or electronic address and telephone number prior to any such change taking effect.
15.1 The Customer’s personal data are processed by Podit under the applicable South African data protection laws.
15.2 The Customer’s data as kept in the database of Podit are and remain Podit’s sole and exclusive property, without prejudice to the applicable data protection laws.
15.3 Podit will not share the Customer’s personal data with any outsider or third party, save when compelled to do so by way of a court order or legislative provision, and will use the Cusomer’s personal data solely for the reason that it was given to Podit by the Customer and no other purpose whatsoever.
16. Applicable law and competent court
16.1 The Customer agrees to the jurisdiction of the Magistrate’s Court to settle any dispute that may arise out of or in connection with this Agreement, without prejudice to the right of Podit to bring suit at another Court which has jurisdiction under the applicable law.
16.2 The laws of the Republic of South Africa are exclusively applicable to this agreement.
17.1 If a part of the Agreement is null and void or subject to annulment, the validity of all and any other part of the Agreement remains unaffected. Any void or annulled clause will be replaced by a valid clause that will most closely correspond to the clause previously agreed by the parties before the parties become aware of such nullity or nullification.
17.2 The Customer understands and accepts these general terms and conditions of storage and the Customer accepts that these terms are available to the Customer in print and in an on-line manner on Podit’s website. Podit has the right to modify these general terms and conditions of storage (Customer will be informed on any changes before implementation via email or the Podit website). Modified general terms and conditions are applicable thirty days after notice is received from Podit or website posted. Customer is considered to be in agreement with any such changes if the Customer has not informed Podit in writing within the stated thirty day period. In the event of a proposed change to the general terms and conditions, the Customer is entitled to end the Agreement as of the commencement date of the amended general terms and conditions (taking however into account a minimum notice period of fifteen calendar days).
17.3 Where two or more customers constitute the Customer, all obligations shall be joint and several.