Storage and Delivery T&Cs | Hospitality and Outdoor

Terms and Conditions: STORAGE AND DELIVERY (“the Terms”)

This Agreement explains your rights, obligations, and responsibilities and those of Hospitality and Outdoor:

DEFINITIONS

“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 Hospitality and Outdoor and further, you warrant that the information you have inserted into the Client Application Form is true and correct in all respects.
“Customer/or Client” refers to the person or entity specified above making use of the cartage, storage or delivery service of Hospitality and Outdoor, 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/Client.
“We”, “us” or “Hospitality and Outdoor” refers to Hospitality and Outdoor (Pty) Ltd trading as Hospitality and Outdoor which carries on business as a carrier and storage provider of the Goods warehoused at its premises, and transported, 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 Hospitality and Outdoor.
“Client Application Form” means the application form sent to Customers detailing the Customer’s personal details.
“Container” means the storage container used to store the Goods on behalf of the Customer.
“The Goods” mean the goods which the Customer has instructed Hospitality and Outdoor to store and/or cart on their behalf whether they are situated in the Container or otherwise.
“The Schedule” means the Hospitality and Outdoor Price List which contains the particulars of this Agreement which are deemed to be an integral part of this Agreement.

CONDITIONS OF SERVICES

Upon acceptance by Hospitality and Outdoor of this Agreement, you acknowledge and agree that it will become a legally binding contract.
Hospitality and Outdoors’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 Container commences upon signing the agreement of the Storage agreement by the Customer.
Hospitality and Outdoor will, upon delivery to it of the Goods for storage, furnish to the Customer an invoice which will specify the date that the container 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.

CHARGES

Hospitality and Outdoor agrees to levy the charges reflected in the Schedule as remuneration for any services provided by Hospitality and Outdoor to the Customer. In the absence of the Schedule and/or any other written and signed agreement between Hospitality and Outdoor and the Customer, Hospitality and Outdoor 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. Hospitality and Outdoor shall be entitled to allocate all payments made by the Customer to Hospitality and Outdoor toward any debt payable by the Customer to Hospitality and Outdoor at its own discretion.
Any quotation and/or charges quoted by Hospitality and Outdoor to the Customer excludes additional insurance. Accordingly, should any such charges arise during the Customer’s Agreement with Hospitality and Outdoor, such charges shall be payable by the Customer in addition to the charges levied by Hospitality and Outdoor for their services.

PAYMENT

Payment is due on invoice date and thereafter on the last business day of every month.
Penalties will be levied to the Customer if the account is 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 6 days exists, after which Hospitality and Outdoor 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/or If based on a written agreement between Hospitality and the client, on a pro-rata basis.
Any goods that are too large to fit inside the Storage containers will be stored In “procurement only” containers and then stored at an additional cost per calendar month. The payment for all extra services rendered by Hospitality and Outdoor (extra Storage containers, delivery charges, wrapping, hoisting etc.) other than what is reflected on the original invoice will be invoiced after the collection.
Hospitality and Outdoor 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 will carry the following penalty fees (% based on total monthly value of delivery or storage cost):
1. 10% penalty fee after 7 days
2. 15% penalty fee after 14 days.
3. 20% penalty fee after 21 days.
4. 50% penalty fee after 25 days.
5. 100% penalty fee after 30 days
Specific FNB bank details are required if a cash deposit is made and proof must be emailed to Hospitality and Outdoor, 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 Hospitality and Outdoor the contents stored in the Storage container, 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 Hospitality and Outdoor as to the indebtedness of the Customer herein shall be prima facie evidence of the Customer’s indebtedness to Hospitality and Outdoor hereunder and of all such other facts for the purposes of a provisional sentence or summary judgment proceedings or for any other purpose.

USE, SECURITY

If the Customer requires Hospitality and Outdoor to specifically wrap and pack or dismantle something, prior notice must be provided and a consultant of Hospitality and Outdoor 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.

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 Hospitality and Outdoor despite the contents of this clause and without the express consent of Hospitality and Outdoor, Hospitality and Outdoor cannot be held liable for any loss or damage suffered by Hospitality and Outdoor, the Customer or any third party and the Customer hereby indemnifies Hospitality and Outdoor against any and all such claims of whatsoever nature. Should Hospitality and Outdoor discover any such Goods upon its premises, Hospitality and Outdoor 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.
Hospitality and Outdoor agrees to take all reasonable steps to protect the Storage containers from any infestation of beetles, moths, and vermin.
The Customer agrees that Hospitality and Outdoor’s collections, deliveries, transporting and storing of the Goods are at the Customer’s own risk and the Customer hereby indemnifies Hospitality and Outdoor from any loss and or damage howsoever arising and of whatsoever nature during the course of Hospitality and Outdoor 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 Hospitality and Outdoor 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 Hospitality and Outdoor to the Customer and that all necessary documentation and payments have been prepared and made by the Customer to Hospitality and Outdoor in advance to ensure that no delay can be caused by the Customer when Hospitality and Outdoor 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.
Hospitality and Outdoor has full discretion as to the route it takes when transporting the Goods.
Although Hospitality and Outdoor will take all reasonable steps to safeguard the customers goods, the customer hereby indemnifies Hospitality and Outdoor and holds Hospitality and Outdoor, 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 or transported with Hospitality and Outdoor for so long as the goods are in the possession of Hospitality and Outdoor. This indemnity extends to encompass all goods stored and transported with Hospitality and Outdoor, including goods stored in containers and loaded on delivery vehicles/trailers. The customer gives Hospitality and Outdoor Permission to occasionally move the above items around for maintenance and cleaning reasons. All risk in and to the goods remains that of the customer and the customers stores, transports such goods at its own risk.

INSURANCE ON GOODS

Hospitality and Outdoor strongly recommends that you insure your Goods against all insurable damages during removal, shipping, and storage for their full replacement value. Hospitality and Outdoor have arranged for cover on all items stored in containers on its premises to the value of R 40 000, and R 50 000 cover on all goods transported by its vehicles/trailers. The Customer will be legally and financially bound to any terms and conditions supplied by Hospitality and Outdoors’s insurance company if the client wishes to take out additional cover from Its Insurer. Should Hospitality and Outdoors’s insurer dispute it’s liability for any reason, the Customer shall have recourse against the insurer only and Hospitality and Outdoor shall not be under any liability in relation thereto. It is specifically recorded that the exclusion of liability of Hospitality and Outdoor 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 Hospitality and Outdoor 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 Hospitality and Outdoor standard tariff or in the Schedule. In the event of Hospitality and Outdoor 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 Hospitality and Outdoor 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, Hospitality and Outdoor 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 Hospitality and Outdoor for the purpose of applying for or obtaining any such license and/or permit.

DELAY

Hospitality and Outdoor shall not be liable to the Customer for any delay in delivery or otherwise brought about by Hospitality and Outdoors’s submission with any instructions issued by any competent authority. Any extra costs incurred by Hospitality and Outdoor because 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 Goods stored or transported, at the time of receipt thereof by Hospitality and Outdoor, shall at all times remain with the Customer.

PERISHABLE GOODS

Hospitality and Outdoor 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 Hospitality and Outdoor. Any costs incurred by Hospitality and Outdoor in this process shall be for the Customer’s account.

OUTSIDE AGENCIES

The use of outside agencies and/or third parties and/or subcontractors will not be permitted to perform any work on Hospitality and Outdoors’s premises and/or warehouse without the prior written approval by Hospitality and Outdoor. This excludes the delivery and collection of Goods to and from the premises and storage facility in the normal course of business.

CANCELLATION/TERMINATION

Hospitality and Outdoor requires 30 days written notice of cancellation by way of e-mail or hand delivered notice.
Hospitality and Outdoor requires a 24-hour notice period to access and vacate (self-empty).
The Customer’s account must be up to date to access their Storage Container.
Penalties for cancellation will be as follows:
- 3 weeks’ notice – 25% of the value of the quote.
- 2 weeks’ notice – 50% of the quote value.
- 100% cancellation fee will be charged for 1 weeks’ notice: and
- If all or part of the Agreement is terminated, in the absence of a written agreement by Hospitality and Outdoor, you shall pay termination charges based upon actual expenses and costs incurred by the Hospitality and Outdoor.

LIEN OVER GOODS IN FAVOUR OF HOSPITALITY AND OUTDOOR

Hospitality and Outdoor shall have a lien on all goods in storage for any sum due to it by the customer and unpaid. Accordingly, Hospitality and Outdoor 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 Hospitality and Outdoor in terms of this Agreement until all amounts owed by the Customer to Hospitality and Outdoor have been paid in full.
Should the Customer fail to make payment of any amounts due to Hospitality and Outdoor within 45 days’ notice from Hospitality and Outdoor to the Customer, Hospitality and Outdoor will, without further notice to the Customer, have the right to open and examine the whole or any part of the Storage container 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 Hospitality and Outdoor by the Customer.
Any remaining funds owing to the Customer after such a sale will be paid over to the Customer by Hospitality and Outdoor, 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. Hospitality and Outdoor 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
Should the Customer fail to advise Hospitality and Outdoor of a change in address and Hospitality and Outdoor being unable to locate the Customer, Hospitality and Outdoor will be released from all liability whatsoever in respect of the Goods stored or the payment of any sums arising.
The exercise by Hospitality and Outdoor 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 Hospitality and Outdoors’s charges.

MISCELLANEOUS CONDITIONS

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 Hospitality and Outdoor 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 Hospitality and Outdoors’s 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.
The Customer agrees that Hospitality and Outdoor can perform random credit checks on the Customer with a registered credit bureau for the duration of this agreement.
Damages to goods caused by an act of God, vis major, may not be attributed to Hospitality and Outdoor.
No statements, recommendations, or assistance by Hospitality and Outdoor may be construed as a waiver of Hospitality and Outdoors’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. Hospitality and Outdoor 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 Hospitality and Outdoor in writing.
No relaxation or indulgence which Hospitality and Outdoor 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 Hospitality and Outdoor 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 Hospitality and Outdoor not preceding with arbitration the dispute will be dealt with in the normal court having jurisdiction. In all events, Hospitality and Outdoor shall be entitled in any proceedings to recover costs on the scale as between attorney and own client.
The Customer indemnifies Hospitality and Outdoor from and against all liability of whatsoever nature, arising directly or indirectly from bodily injury, or damage to the Customers private property, which includes but are not limited to vehicles, equipment or any personal belongings, sustained whilst on the premises of Hospitality and Outdoor through the negligence of the Customer and or third party, whether it arises from negligence or gross negligence, on the part of Hospitality and Outdoor, 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 Hospitality and Outdoor.