Terms and Conditions of Agreement (“The Terms”)
These standard terms and conditions (“The/these Terms”) form part of the Rental agreement (“the Agreement”) between the Tenant (referred to as “you” and “your”) and the Lessor(referred to as “we”, “Us” and “Our”) in the connection with the rental of the Unit as set out in Rental Schedule.
Rental
1. We allow you to use the unit (as described in the rental schedule). You shall be allowed access to the unit during the raceways operating hours for the purpose of depositing, removing, substituting or inspecting the goods subject to you meeting your obligation in terms of this agreement.
2. This agreement shall commence on the commencement and endure for a period of 12(twelve) months where after this agreement will automatically renew for successive periods of 12(twelve) months each.
3. The Rental payable by the Tenant will escalate annually by 8% on each anniversary of the Commencement Date
4. Either party will be entitled to terminate this agreement on 14(fourteen) days written notice to the other party. If the notice expires prior to the end of a calendar month, the full months rental shall still be payable in respect of that month. If you have provided notice to vacate but elect not to vacate and continue using your unit for a further calendar month (or part therof), the notice you provided will lapse and you must provide a new written notice to vacate. We agree to provide 14(fourteen) days written notice to you of our intention to terminate the agreement subject to provision of clause 17
5. Rental payments made after the 7th of the month are subject to payment of a late fee(“the late fee”) which is the larger of the R150.00 ( or such increased fee as the case may be) or 10% of your monthly rental.
6 you agree and acknowledge that:
6.1 There are no pro-rated rental refund if you vacate the storage unit before the last day of the month:
6.2 If the unit if vacated on or after the 1st of the month, a full months rental shall be due in respect of that month.
Terms of Use
7. The Tenant shall use the leased premises solely for the purpose as described in premises description set out in schedule.
8. The Tenant acknowledges that the use of the RSR Premises, the racing track and the entire property of which the Raceway Premises forms a part (the “Property”) involves amongst others the use of and interaction with speeding motor vehicles and associated activities which is inherently dangerous as regards to accidents, death, injury, loss, and/or damages and
9.1 You shall not place or keep in the storage unit or store:
9.1.1 Food or perishable good unless approved by us and provided they are protected from and do not attract vermin;
9.1.2 Plants, birds, fish, animals or any other creatures;
9.1.3 Combustible, flammable, explosive r oxidising materials, liquids or gases;
9.1.4 Chemicals, compressed gases, radioactive materials, biological agents, waste materials, asbestos, pollutants, toxic or hazardous materials or contaminated goods or other materials of a potentially dangerous nature
9.1.5 firearms, weapons, ammunition, explosives or the components thereof;
9.1.6 any item which emits any fumes, smell or odour;
9.1.7 any item of high value requiring specialist storage(including without limitation jewellery, money, bullion, deeds, bonds, securities, stamps antiques, fine art or fine wines) or items which are irreplaceable such as paintings, works of art and items of personal sentimental value;
9.1.8 any illegal substances, illegal items or goods illegally obtained including counterfeit goods, illicit(smuggled/counterfeit) tabacco, illicit alcohol or unsafe goods;
9.1.9 anything that may damage the unit in any way or other goods prohibited by law;
10. You shall be liable for any damage to the unit as a result of your actions, and the costs of repair in respect thereof shall be billed to you accordingly
11. at the expiration or termination of this agreement, you shall
11.1.1 Remove the lock and vacate the unit not later than 5:00pm(five) on the applicable date unless prior arrangements have been made with us
11.1.2 leave the unit in a clean, empty and good condition and free of any waste material, ready to be re-rented failing which you shall pay our costs of cleaning the unit and disposing f any goods or rubbish left.
11.1.3 and you herby indemnify and agree to pay for all costs which may be uncured by us as a result of your breach of the above warranties and furthermore indemnify us against any claim or cause of action arising(including those of a third party) out of your use of the unit
12. No smoking is allowed in units
13. Subletting or shared storage or usage will not be allowed.
14. You must provide your own lock and keep the unit locked at all times, as to prevent any unauthorised entry. We will not be responsible for locking any unlocked units.
Limitation of liability
15. We shall not be liable to you or any third party whether in contract, delict or otherwise, for any direct, indirect or consequential damages arising from or in connection with your use of the unit (without limitation) loss of data, profits or custom, and/or business forgone, whether foreseeable or not and whether or not in the contemplation of the parties at the time of the conclusion of this agreement.
16. Alternatively (without waiving any lien and/or tacit hypothec available to RSR), if the Tenant fails or refuses to remove any movable property on the date of termination of the lease or on the date that the Tenant physically vacates the Premises or on the date that this agreement terminates for any reason whatsoever, at RSR’s sole election such moveable property shall on earliest of such dates become the sole and exclusive moveable property of RSR.
The Tenant specifically records that the Tenant acknowledges that in such event, as the Tenant will no longer be the owner of such movable property, and RSR may do as it wishes with such movable property including but not limited to retaining the same or selling such movable property in which event the monies paid by the third-party purchaser for such movable property will belong to RSR. It is therefore specifically recorded that any failure on the part of the Tenant to remove any or all of the Tenant’s movable property will be deemed to be an abandonment of such movable property by the Tenant and/or a cession of the Tenant’s moveable property to RSR and/or the exercising of RSR’s lien and/or tacit hypothec as available to RSR.
Breach
17. if you:
17.1 commit a material breach of this agreement and dail to remedy such breach within the time specified in terms of this agreement or as may be specidied by us by way of written notice to you,as the case may be;or
17.2 go into provisional or final liquidation or have a petition presented for your winding up or liquidation; or
17.3 commit a material breach of this agreement that is not remediable
Then (and in any such case) we may, without prejudice to any other rights or remedies in law, including the right to claim without damages and the right to require specific performance, and without being liable to you for any loss or damage which may result due to early termination of the agreement, give written notice to you to terminate the is agreement; or
17.4 are in arrears with rental and/or any other amounts due and payable to us, then you agree that we shall be entitled to deny you access to the unit by overlocking the unit until the amount in arrears has been paid in full.
Insurance
18. The tenant shall be liable for their own insurance of all of all items while renting a container or pit from RSR
19. You herby expressly release and indemnify us and our employees, directors and agents from any liability for any loses and/or damages (including consequential and indirect loses) to any of your goods in or about the unit.
All goods stored shall be done so at your sole risk.
Indemnity
20. The Tenant hereby waives all claims which the Tenant has or may have at any time or in the future arising out of any or all of the aforesaid and hereby indemnifies and holds Raceway, its members, shareholders, employees and directors and all persons for which Raceway is responsible, indemnified against any and all claims relating to or connected or associated in any way whatsoever to any of the items referred to in the previous paragraph whether in respect of any injury, loss, death or damages or otherwise howsoever arising including but not limited to or from the participation of any person in any activities at the racing track and/or on or at the Raceway Premises and/or the containment facilities and/or the pit facilities and/or the practice facilities and/or any facilities on or near the Property.
21. This indemnification includes an indemnification in respect of all legal fees on an attorney and own client scale (and where the same is not permitted, attorney and client scale fees) (the “Fees”) for which Raceway or any of the aforesaid persons are liable and also the Fees which Raceway or any of the aforesaid persons may incur in defending any such actions or claims and the Tenant shall in no way whatsoever seek or hold any or all or any combination of the aforesaid liable for any injury, loss, death or damages otherwise suffered by or through the Tenant or any of its employees, agents, invitees or servants.
22. The Tenant hereby indemnifies the Raceway and its members, shareholders, employees and/or directors in full for any and all damages caused by the Tenant and/or by his/her/its family, guests, employees, directors, members and invitees whether by means of an act or omission or otherwise resulting in any injury and/or death and/or any loss to any person and/or damage to any property at RSR Premises, the containment facilities, the pit facilities, the containers, the communal facilities or any area near or around any of the same and/or near or on the Property and any amounts payable for the rectification of damages caused (as applicable) shall be payable on demand.
23. RSR, the members, shareholders, employees and directors of Raceway shall not be liable for any loss, damage, death or injury or any claim related to any of the aforesaid or any other claim whatsoever, including but not limited to any consequential losses, suffered by or caused to any person or property anywhere on or about the RSR Premises and/or the racing track and/or the Property whether such loss, damage, death or injuries are occasioned by any act or omission of Raceway and/or any of its members and/or shareholders and/or employees and/or directors and/or any other person for whose actions they or anyone of them would be liable in law or otherwise and whether caused by force majeure, accidents, casus fortuitous, storms, rain, water damage, riots, strikes, criminal activity or by reason of any condition on or off the raceway track or any building structures or any defective facilities leased by Raceway or on any part of the Property or caused by any act or omission on the part of Raceway or as a result of any act or omission by any third party whatsoever, or arising from any other cause.
The undersigned agrees to have read the above, abide by the rules and agrees not to undertake any action not instructed or allowed by Raceway. The undersigned furthermore agrees that he/she is satisfied with the facilities. This indemnification will also be extended to the undersigned`s spouse, heirs, successors, representatives, agents and assignees and will be mutatis mutandis be applicable to them.
Outdoor Advertising Agreement
Agreement of lease entered into by and between
Red Star Electrical (PTY) Ltd t/a Red Star Raceway
(Registration Number:2003/028023/07)
(Herein referred to as the “RSR”)
And
{CompanyName:20}
(Registration number: {CompanyRegNr:9})
(Herein referred to as the “Company”)
It is hereby agreed as follows:
1.Duration of Agreement
1.1 The agreement shall be for a period calculated from the commencement date as mentioned in the schedule to this agreement or any clause stipulating such and shall continue thereafter for the initial period on application for renewal of the agreement by the company’s atleast 3 months prior to the expiry of this agreement.
2.Rental
2.1 The company shall pay Red Star Electrical a monthly amount of
R{Amount:19} ({AmountWords:43}) including VAT.
2.2 The amount(s) payable to RSR in terms of this agreement shall be payable to Red Star Electrical by the 1st of each month.
2.3 Should the company by any means fail or neglect to pay any monthly payments in terms of this agreement promptly before or on the due date mentioned in clause 2.2 such late payment shall bear compounded interest at the prime overdraft rate of the official bank of RSR until such failure is rectified by the company.
2.4 The rental amount payable (as per clause 2.1 above) by the company’s for each succeeding year of this agreement shall escalate by 0% on each anniversary of this agreement should a renewal not be reached by both parties before the renewal date, this will be revised upon renewal of the agreement.
3.Erection of billboard
3.1. The billboard shall be erected at the company’s own expense.
3.2 The billboard shall be neatly and properly erected in accordance with all OHSE regulations.
3.3 The company shall not permit the display of any advertising on the billboard that is obscene, offensive, and contrary to public morality or of a contentious nature.
4.Company’s access to site
4.1 The company or its duly authorised employees, agents, consultants and
representatives shall be entitled at any reasonable time to access to the site to change the advertisement, to carry out repairs, alterations and the general maintenance of the billboard.
5.Breach
5.1 Should the company at any time during the currency of this agreement fail to pay the amounts due in terms of this agreement on due date and remain in default for 7 (seven) days after the receipt of a written notice from RSR requiring the payments to be made, or commit any other breach of the conditions of the agreement and fail to rectify the breach within 14 (fourteen) days of the receipt of written notice requiring it to remedy the breach, then, RSR shall have the right forthwith to cancel this agreement and to terminate the company’s rights hereunder on written notice, without prejudice to any claim that RSR may have against the company for payment of any charges or fees outstanding and/or any damage which it may sustain by reason of termination of this agreement.
6.1 Right to terminate lease
6.1 In the event the company intends to terminate the agreement before the end of the contract, the company shall be liable to pay RSR any amount(s) due for the value of the remainder of the lease agreement.
7.Ownership
7.1 Ownership of the billboard and all accessories thereto shall at all times remain the sole and absolute property of the RSR.
7.2 Should this agreement or part thereof be terminated for any reason, the
company shall at its own expense remove the billboard affected by such
termination together with its visible foundations and accessories as aforesaid from the site, repair any damage caused by the removal of the billboard and leave the site in a clean, tidy and safe condition to the satisfaction of RSR, within 60 (sixty) days of the date of termination of the agreement, unless otherwise agreed.
Should the company fail to remove the billboard within the period referred to in clause 7.2, RSR shall be at liberty to remove the billboard at the cost of the company.
8.Domucilium Citandi et Excutandi
8.1 RSR and the company hereby respectively choose their domicilium citandi et executandi as follows:
8.1.1 Red Star Electrical at: Portion 5 Zonderfout Farm,Delmas Mpumalanga
Email address:accounts@redstarraceway.co.za
8.1.2 The company: {CompanyName:20}
{Individual Address/ Company Business Address (City):11.3}
Email address : {CompanyEmail:13}
or any such other address in South Africa as the parties hereto may from time to time advise to the other in writing.
8.2 Any communication or written notice of any manner whatsoever, arising out of or touching or in any way connected with the terms hereof, shall or may be deemed to have been properly and sufficiently served:
8.2.1 if served by hand and a receipt obtained from a responsible person working at the address referred to in either 8.1.1 or 8.1.2 above, on that day;
8.2.2 if sent by prepaid registered mail, 14 (fourteen) days after posting.
9.Forec Majeure
9.1 In the event of any act beyond the control of the Parties, including but not limited to, an act of God, strike, war, rebellion, riot, civil commotion, lockout, suspension of labor, fire,accident, or (without regard to the foregoing enumeration) of any circumstances arising or action taken beyond the reasonable control of the Parties hereto preventing them or
any of them from the performance of any obligation hereunder (any such event hereinafter called “force majeure event”) then the Party affected by such force majeure event shall be relieved of its obligations hereunder during the period that such force majeure continues (excluding payment obligations which fell due before the said force
majeure event). The Party so affected must notify the other party in writing as soon as it becomes aware of a force majeure event that will affect its performance under this agreement.
10.Whole agreement and amendment
10.1 This Agreement constitutes the whole of the Agreement between the Parties relating to the subject matter hereof and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the Parties hereto or their duly Authorised Representatives. Any document executed by the Parties purporting to amend, substitute or revoke this Agreement or any part hereof, shall be titled an “Addendum” to the applicable Service Agreement and assigned a sequential letter to be included in the title.
11.General
11.1 The parties do hereby agree and specifically record that:-
11.1 this agreement constitutes the sole record containing the terms of their
agreement;
11.2 neither party has been induced to enter into this agreement and to undertake the respective obligations which they have undertaken in terms hereof by any representations, warranties, whether express or implied or any other matter or condition other than as recorded herein; and no amendment to or variation of the terms hereof, whether to a material extent or otherwise shall be of any validity or force unless and until the same shall have been reduced to writing and shall have been signed by the parties.
12.Waiver and Indemnity
12.1 The Company acknowledges that the Company shall not under any circumstances have any claim or right of action whatsoever against RSR for any damages (whether direct, consequential or otherwise), loss expenses or injury which may be suffered by the Company directly or indirectly, irrespective of whether or not such loss, damage, expense or injury shall have been caused through or as a result of an act, omission or negligence of RSR or of any person for whose acts or omission RSR is vicariously liable in law, , or otherwise and howsoever arising.
12.2 Without derogating from the generality of clause 12.1 above, RSR shall have no liability to the Company in respect of any loss, damage, expense or injury which may be suffered by the company by reason of any latent or patent defects in the Premises or in the Building or in the Property, or from any fire in the Premises or in the Building, or any theft from the Premises or the Building, or by reason of the Premises or the Building or any part thereof being in or falling into a defective condition or state of disrepair, or as a result of any particular repair not being effected by RSR either timeously or at all, or arising out of vis major or causes fortuitous, or arising out of any act or omission of any other lessee of the
Building or change of the Building’s facade, appearance or any other feature thereof, or arising in any manner whatsoever out of the use of the Premises or of the Building by any person or the overflow of the water supply or any leakage or any fault in the plumbing works or any electrical fault or by reason of the elements of the weather.
13.Schedule
|
DATE
|
Amount
|
|
{Start_Date:15} – {End_Date:16}
|
R{Amount:19} incl vat
|
SIGNED by RSR at ………………………on ………………………………20…….. in the
presence of the undersigned witnesses.
AS WITNESSES: For RSR
- …………………………………………………
- ……………………………………………..….. ………………………………………………
Name:
Designation:
SIGNED by the company at ………………………. on ………………………. 20……..
in the presence of the undersigned witnesses.
AS WITNESSES: for {CompanyName:20}
- …………………………………………………
- ………………………………………………. ……………………………………………….
Name:
Designation