In these terms and conditions Simply Store is referred to as “the Company” and any individual firm, company or other person with whom the Company contracts is referred to as “the Customer”. Reference to “the Contract” includes these Terms & Conditions, the Quotation and any other documentation and/or terms forming part of the transaction concluded as between the Company and the Customer.

1. The Company shall upon payment of the agreed storage charge make available to the Customer a Mobile Storage Unit or Cube (“MSU”) or multiples thereof for the sole purpose of storage of the Customers goods.
2. The Company may prevent the Customer from entering upon its premises and having access to the MSU(s), should the Customer be in breach of any of the provisions of this Agreement and for as long as the breach remains unremedied.
3. When the Customer requires the Company to supply the MSU(s) to a location nominated by the Customer, then, whilst the MSU (s) is at the Customer’s nominated premises, the Customer shall be liable for any risk and/or damage to the trailer(s), the MSU(s) and any contents packed therein. As such, the Company will not be liable in respect of any loss of or damage to the trailer(s), MSU(s) and or contents, nor any fines or charges or damages arising from inter alia the positioning of the trailer(s).
4. The Customer is required to inspect the MSU (s) prior to commencing the loading thereof with its goods. In the event that the MSU(s) should be damaged in any manner whatsoever, then and in such event the Customer shall be required to forthwith inform the Company in writing, failing which the MSU(s) shall be deemed to be in good order and condition as at the commencement of this Contract.
5. The Customer may have access to its contents as stored in the MSU(s) in the Company’s Storage Centre (“the Centre”) at any time during the normal trading hours of the Company. Access will not be permitted outside these hours. The Customer shall furnish a minimum of 48 (Forty Eight) hours notice of their intent to access the MSU(s).
6. The Company may change the opening and closing times at any time without giving any prior notice.
7. The Company may elect to move the MSU(s) either within the Centre or to another location at any time and the Customer shall ensure that the contents of the MSU(s) are packed in such a manner that damage will not occur if the MSU(s) is/are moved.
8. The Company shall deem the production of the Contract by the Customer or the oral quotation of MSU numbers or account numbers as satisfactory proof that that person is the Customer or an authorised representative of the Customer. Similarly if the Company is contacting the Customer by any means the MSU number(s) or account number will be accepted as satisfactory proof of identity.
9. The Company (and its agents or servants) reserve the right to enter the MSU(s) without the Customers permission and to remove all or any of the goods stored in the MSU(s) for the purpose of inspection, cleaning and repairs to the MSU(s) or in an emergency or to establish whether such entry is required in the interests of safety or to prevent damage or injury to persons or property or to remove dangerous and/or prohibited items if the Company is required to do so by any Statutory and/or Regulatory Authority or Court Order, or to comply with any other clause in this Agreement.  The Company shall not be liable for any damage caused to the goods stored in the MSU as a result of such entry and / or removal.
10. The Customer warrants to and in favour of the Company that:
1. The Customer is the owner of and/or is entitled in law to be in possession of the goods stored in the MSU(s).
2. Such goods are not of a dangerous nature, do not have any dangerous characteristics and do not constitute gas bottles, aerosols, paints, firearms or ammunition, corrosive or explosive articles, food, animals, livestock, plants, vermin, stolen goods, drugs or any other items/good which could contaminate or otherwise damage or effect the Company premises or other goods stored therein or not emit any fumes or odours.
3. The goods shall be adequately packaged by the Customer.

Notwithstanding the aforesaid, the Company may, in its absolute and sole discretion, refuse to permit storage of any goods or items regardless of reason.

12. The Customer shall not:
1. use the MSU or Centre to do or suffer to be done anything which is or may become a nuisance to the Company’s employees, agents or Customers.
2. store anything which may render void or voidable or increase the rate of premium of any insurance carried by the Company or its occupiers or employers liabilities.
3. cede, transfer assign or in any way part with the benefit of this Agreement which shall be reserved to the Customer.
4. use the MSU(s) or Centre as offices or living accommodation or as a home, business or domicilium address.
5. spray paint or do mechanical work of any kind to the MSU(s) or Centre.
6. attach anything to the walls, ceiling or floor of the MSU or Centre or make any alteration to the MSU.
7. cause any damage to the MSU or the Centre or to the property or possessions of the Company or any other Customers. If in breach of this clause the Customer must (at the option of the Company) repair, restore or replace such damaged items, or reimburse the Company’s costs in making necessary repairs, restoration or replacement.
8. Cause any obstruction or undue hindrance in any passageway, stairway, service area, access area or other part of the Centre.
13. The Customer shall comply with all fire, safety and security precautions or instructions about the Company’s premises or as directed by a member of the Company’s staff:
1. the Customer must be available to receive any deliveries or collections
2. ensure that the MSU is secure at all times when not in use by attaching security seals or by attaching a padlock.
3. at all times exercise courtesy to others when using any part of the Centre.
4. inform the Company immediately of any damage to the MSU.
5. comply with the directions of the Company’s employees or agents at the Centre and any further regulations for use of the MSU, which the Company may issue from time to time.
6. indemnify the Company from any claims for loss or damage arising from the breach of this Agreement
14. The storage charge for the first 4 weeks of storage shall be due and payable in advance on the commencement of the Contract and the charge for each successive week period shall likewise become due and payable on the commencement of each 4 or 5 week period. The Company shall be entitled to increase the monthly charge under the Agreement by giving notice in writing to the Customer at least 30 days before such increases are to take effect.  The Company shall be entitled to charge interest on arrear payments calculated at prime lending rate as charged by ABSA Bank Ltd, plus 5% (Five Per Cent) per annum, for as long as any charges remain unpaid
15. For the duration that any charges remain unpaid, the Company reserves the right to exclude the Customer from the Centre and to deny the Customer access to the Centre, whether or not the Agreement has been terminated. If the Company exercises its right under this clause it will not affect the Customers right to pay any unpaid or future charges.

16.  
1. All charges payable in terms of the Contract shall be paid by the Customer to the Company without deduction, set off or exchange. In the event that the Customer should fail to pay any charges due to the Company in excess of 30 (Thirty) days calculated from the due date, then and in such event the Company shall be entitled to give written notice to the Customer requiring the Customer to make payment of the said arrears within 7 (Seven) days calculated from the date of such notice.
2. In the event that the Customer should not within 3 (Three) days calculated from the date of such notice pay to the Company the required amount of unpaid charges and any other sums due and payable under this Agreement the Company shall at its absolute discretion be entitled to dispose of such goods either by public auction or private treaty, or otherwise by destroying the same. For the purposes of giving effect to the provisions hereof, and by virtue of the lien which the Company enjoys over the said contents, the Customer hereby grants the Company an irrevocable Power of Attorney to either dispose of or destroy the contents as aforesaid.
3. Should the Customer be in arrears with payment, the Company shall be entitled to require the Customer to make payment in advance of any future charges to be incurred.
4. The proceeds of sale referred to herein before shall be applied by the Company firstly to the unpaid charges or any other sums due or payable under the Agreement and to any costs and/or charges and expenses incurred by the Company in or in connection with such sale and the Customer shall only be entitled to claim the balance (if any) remaining after. The Customer shall have no claim of any nature whatsoever against the Company resulting from the sale or destruction of the goods of the Customer.
5. Any sale under paragraphs (a) or (b) of this clause shall be without prejudice to the Company’s right to recover from the Customer any balance outstanding and due from the Customer after the proceeds of such sale have been applied in accordance with paragraph (c) of this clause.
6. The Company shall have a creditor’s lien over all goods stored in the MSU(s) are subject to the general lien of the Company for all sums due and payable and becoming due under the Agreement and for other monies due to the Company from the Customer, regardless as to whether such monies are owed in respect of the contents stored in a specific MSU or any other MSU belonging to the Customer in respect of which charges remain unpaid.
17. The Customer can terminate this Contract by giving 30 (Thirty) days written notice to the Company, provided that all charges have been settled and the Customer is not in breach of any term of this contract. Should the Customer require transportation of the goods and the Company is not able to do so on the preferred date for any reason whatever, then the storage charges will continue to be applied until the date the MSU or the goods leave the Centre.
18. On termination of this Contract, the Customer shall be obliged to remove all goods from the MSU and leave the MSU clean and tidy and in the same condition as at the commencement date. The Company may charge the Customer if at its sole discretion it decides it is necessary to clean or repair the MSU or dispose of any goods or rubbish left in the MSU or at the Centre or in the trailer. The Company may treat any goods left in the container as abandoned and may dispose of them as set forth in Clause 16 above.
19. It will be the Customer’s sole responsibility to:
1. declare to the Company in writing, the description of the goods to be stored;
2. obtain at the Customer’s own expense all permits, permissions and licenses necessary for the delivery / collection to be completed; and
3. provide the Company with a contact address and telephone number(s) while the goods are in store.
20. Exclusions of liability
1. 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.
2. 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 process.
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.