Terms and Conditions
Effective 01 September 2022
1. Scope and definition
1.1. These terms and conditions of Spaceplus over bonnet storage Units, hereinafter called ‘the Agreement’ are applicable to all Agreements between Spaceplus (PTY) Ltd (Registration number 2012/209779/07), hereinafter called ‘Space+’ and parties, hereinafter called ‘Customers’ using over bonnet storage units, hereinafter called ‘Units’.
1.2. The types of Agreements include Purchase, Rent to own (Deffered Ownership) and Rental.
1.2.1. Purchase: The Customer acquires ownership of a Unit with a single payment – see clause 13 Purchase Agreement below
1.2.2. Rent to own (Deferred Ownership): The Unit is delivered to the Customer for use against payment of the price plus interest over an agreed period (12, 24, 36 or 48 months) in equal monthly instalments. Ownership is only transferred to the Customer when all the monthly instalments have been paid. See clause 14 Rent to Own (Deferred Ownership) below
1.2.3. Rental: The Unit is delivered to the Customer for use against payment of a monthly rental. Ownership remains with Space+ and is never transferred to the Customer – see clause 15 Rental Agreement below
2. Indulgence
2.1. Any indulgence in respect of time or anything else granted by any of the parties to each other will not be considered to impair any of the rights of such party in terms of this agreement, or effect any right whatsoever of such party nor shall it in any way be regarded as a waiver of any rights hereunder.
3. Exclusion of other agreements
3.1. This agreement cancels and supersedes all other contracts entered into by the parties before the date of this agreement and any amendment, addition hereto or consensual cancellation thereof will be of no force or effect unless it appears in writing and is signed by the parties hereto.
4. Clause headings
4.1. The clause headings in this agreement are used only for the purpose of reference and shall in no way effect or govern the construction or interpretation of this agreement.
5. Payments
5.1. No cash payments will be accepted, and any cash deposit fees levied by the bank will be for the Customer
6. Credit checks
6.1. Space+ reserves the right to perform a credit check at any time before or during the tenancy of the Agreement and the Customer hereby consents to such credit check being performed.
7. Proof of residence / identity
7.1. Space+ may request that the Customer provides proof of residence and / or proof of identity for verification purposes.
8. General Information:
8.1. Each Customer has a unique account number and must be used in any communication.
8.2. Space+ confirms that the Unit is manufactured in South Africa.
8.3. The Unit is designed for use and placement only in undercover parking bay environments that affords protection from the elements and / or surrounding exposure.
8.4. The Units are not waterproof, but all panels are treated, sealed and painted and will afford protection against minor drips and leaks.
8.5. The Units are not designed to afford protection against water ingress on any side.
8.6. The Unit and all its components are treated for rust and corrosion under normal use.
8.7. Each unit is provided with two keys and any replacement of these keys will be for the account of the Customer.
8.8. If a clause of the agreement is null and void or subject to annulment, the validity of all and any other clauses of the agreement remains unaffected. Any such 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.
8.9. The Customer understands and accepts these terms and conditions of the agreement to purchase, rent to own (Deferred Ownership) or rent a unit.
8.10. Space+ has the right to modify these general terms and conditions of agreement and existing Customers will be informed by email correspondence.
8.11. The updated terms and conditions will be applicable thirty days after the Customer has been notified via email. The Customer is considered to be in agreement with any such changes if the Customer has not informed Space+ in writing within the stated thirty-day period of any objection or comments.
8.12. Should the Customer not agree with the updated terms and conditions, the Customer may end the Agreement subject to the terms of their existing agreement.
8.13. Where two or more customers constitute the Customer, all obligations shall be joint and several.
8.14. In the event a Customer is a company or more than one person, the Customer shall nominate a named representative who shall be deemed to be the authorised representative of the Customer when corresponding with Space+.
8.15. In the event Space+ is at the Customer specified installation address to install the Unit at the agreed date and time and this is not possible due to factors beyond the control of Space+ or the Customer has not made the necessary arrangements with the building management or any reason for which the Customer is responsible and Space+ has to return at a future date or time, Space+ may charge an additional installation fee to be paid by the Customer.
9. Warranty:
9.1. Unit and all parts carry a 2-year unconditional guarantee against manufacturing defects and corrosion that prevents it functioning as intended. Liability is limited to the cost of the Unit at the time of purchase.
9.2. The warranty covers any claims related to installation only if the unit was installed by Space+ or a nominated representative.
9.3. Space+ reserves the right to fix and / or replace any fault if deemed occurs under normal use and conditions at its discretion.
9.4. Space+ is not responsible for damage or faults due to abuse, incorrect storage contents or loading, mishandling, being moved or accidents.
9.5. Corrosive materials are not allowed to be stored within and must be kept a reasonable distance away from any Unit.
9.6. Any modifications or ‘repairs’ undertaken by a party not authorised to by Space+ invalidates any claim and warranty.
9.7. The Unit must be kept clean and no dirt should be allowed to accumulate in and on any part of the Unit that may affect its operation.
9.8. Each Unit will have automatic registration of the 2-year unconditional guarantee with the original Customers details as supplied on the Invoice or original communication.
9.9. Space+ is not responsible for any damage, injury, loss or consequence surrounding or caused by the presence of the Unit and any contents held therein and its use in any way to any owner, other party or any other person or entity.
10. Customer personal information
10.1. No personal information supplied or financial details will be shared by Space+ with any third party.
11. Limitation of liability
11.1. Space+ shall not be liable to the Customer or any third party, whether in contract, delict or otherwise, for any direct, indirect or consequential damages arising from or in connection with the Customers use of the Unit.
12. Promotions and special offers
12.1. Space+ may, from time to time offer promotions and special offers to new Customers and Space+ is under no obligation to offer these promotions and special offers to existing Customers.
13. Purchase Agreement
13.1. The Unit remains the property of Space+ until fully paid for as invoiced or communicated.
13.2. A 50% deposit secures the Unit and the balance is due on the installation of the Unit at the clients nominated premises.
14. Rent to Own (Deferred Ownership) Agreement
14.1. General
14.1.1. The Unit remains the property of Space+ until fully paid for as invoiced or communicated.
14.1.2. Each unit is provided with two keys and replacement keys will be for the account of the Customer
14.1.3. Units will only be delivered to the supplied address and not allowed to be moved until all the monthly payments have been received by Space+ unless permission is given in writing by Space. Space+ will move the Unit as requested only if reasonable notice is given (greater than two weeks), the new premises are acceptable and any required payment is made.
14.1.4. The Agreement will start on the commencement date for the agreed period of deferred ownership (12, 24, 36 or 48 months) and ends on the last day of the month of the deferred ownership period.
14.1.5. The Customer shall keep and maintain the Unit in good order during the period of deferred ownership (12, 24, 36 or 48 months) and Space+ shall not be liable or responsible to the Customer for any damage or loss sustained owing to any defect of the rented Unit, act of God or force majeure.
14.2. Deposit
14.2.1. There is no deposit required for deferred ownership.
14.3. Monthly payments
14.3.1. The deferred ownership payments will be paid monthly in advance.
14.3.2. Invoices will be sent to Customers on the 25th day of the preceding month with the payment due on or before the first day of each month.
14.3.3. Statements will be issued upon request.
14.3.4. No cash payments will be accepted and any cash deposit fees levied by the bank will be for the Customer.
14.3.5. Any payments received will be allocated to the oldest Invoice in the system.
14.3.6. The monthly deferred ownership payments (12, 24, 36 or 48 months) remain the same for the duration of the deferred ownership period.
14.4. Interest on overdue payments
14.4.1. Monthly deferred ownership payments by the Customer not received after the 7th day of the month are subject to a payment of interest on overdue payments.
14.4.2. Should any sum for which the Customer is liable in terms hereof (whether for capital or interest) not be paid timeously as provided in the agreement, the Customer shall pay interest thereon at the maximum rate allowed in terms of the regulations made in terms of the National Credit Act, 2005 (Act no 34 of 2005), and calculated from the date such amount became due until the date of receipt of payment.
14.5. Breach and termination of agreement
14.5.1. In the event of the monthly deferred ownership payments aforementioned being unpaid on due date thereof, or should the Customer in any other respect contravene or permit the contravention of any one or more of the provisions and conditions of this agreement and fail to remedy such breach after having received (7) seven working days (not counting any Saturday, Sunday or South African Public Holiday) written notice to do so, or should the estate of the Customer be liquidated or surrendered, Space+ shall have the right and option notwithstanding any provisions, waiver or anything to the contrary herein contained, of cancelling this agreement forthwith and immediately taking possession of the unit. The cost of the collection of the unit will be for the Customer account at the prevailing standard Space+ installation rate at the time of the breach.
14.5.2. The Customer shall nevertheless remain liable for the payment of any monthly deferred ownership payments and other monies that may, or shall, under this agreement be owing up to the date of the breach of the agreement and for all damages sustained by Space+ by reason of the Customers breach of contract.
14.5.3. The Customer shall pay on an attorney and client scale, all costs and expenses which Space+ may incur because of any breach of the agreement by the Customer including all collection charges at the then ruling rate and tracing fees, if any.
14.5.4. The Customer shall not be entitled to withhold, delay or cancel any payments due to Space+ in terms of this agreement by reason of any breach or alleged breach of the obligations of Space+.
14.5.5. Should the Customer not be able to settle the account in full up to the date of the breach or for the remaining deferred payments and Space+ has regained possession of the unit, Space+ will repay the Customer 70% of the monthly deferred ownership payments received from the Customer up and until the date of the breach of the agreement.
14.6. Burglary, attempted burglary, theft or fire damage
14.6.1. The Customer shall be responsible for the repair of any damage to the exterior and interior of the unit, resulting from burglary, attempted burglary or fire on the unit while the Customer is still liable for the monthly deferred payments.
14.6.2. Should the unit be stolen or completely damaged by fire while in the care of the Customer and while the Customer is still liable for the monthly deferred payments, the Customer shall be responsible for the replacement of the unit. The value of the unit will be dependent on the condition of the unit when it was damaged / destroyed and shall be no less than 70% of the value of a new unit at the time of the loss of the unit.
14.7. Insurance
14.7.1. It is the responsibility of the Customer to insure the unit and contents.
14.8. Domicile and notices
14.8.1. The parties hereto choose the following addresses as their domicilia citandi et executandi for all purposes for service of all notices and legal proceedings flowing from the agreement, namely –
Space+:
Physical Address: 3 Theewatersingel, Villiersdorp, 6848
Postal Address: P O Box 479, Villiersdorp, 6848
Email: accounts@spaceplus.co.za
Ph: 079 467 0390
The Customer: Details shall be confirmed prior to installation
14.8.2. Either party shall be entitled to change their domicilia citandi et executandi from time to time by giving written notice of an alternative address in the Republic to the other party, which notice shall take effect on receipt thereof by the addressee.
14.8.3. Any notice given in connection with this agreement shall:
14.8.3.1. be delivered by hand; or
14.8.3.2. be sent by pre-paid registered post; or
14.8.3.3 be sent by email to the email address chosen by the party in clause 8.1 above
14.8.4. Any notice given in terms of clause 14.8.3 above shall be deemed to have been duly given.
14.8.4.1. if delivered in terms of clause 14.8.3.1 above on date of delivery.
14.8.4.2. if sent by post in terms of clause 14.8.3.2 above five (3) days after posting.
14.8.4.3. if sent by email in terms of clause 14.8.3.3 above on the day of despatch of the email.
15. Rental Agreement
15.1. General
15.1.1. The Unit always remains the property of Space+.
15.1.2. Rental units may not necessarily be the newest model of units and will be used units. These will be clean and serviceable when installed by Space+.
15.1.3. Each unit is provided with two keys and replacement keys will be for the account of the Customer
15.1.4. An installation and recovery fee is payable prior to the delivery of the Unit.
15.1.5. The Customer is responsible for any damage to the rented Unit which will be paid for out of the deposit, with the Customer topping up if not sufficient and restoring the Deposit to agreed required levels.
15.1.6. Units will only be delivered to the supplied address and not allowed to be moved unless permission is given in writing by Space. Space+ will move the Unit as requested only if reasonable notice is given (greater than two weeks), the new premises are acceptable and any required payment is made.
15.1.7. The Agreement will start on the commencement date for a period of twelve months and expires on the last day of the month of the twelve-month period. Should the Customer require to terminate the lease before the initial twelve-month period has elapsed, there is a three month notice period required and a R800.00 incl VAT break of lease payment due. Should the three months cancellation notification not be received in time by Space+, the Customer will pay the rental due for each month not completed as part of the three months mandatory notification period.
15.1.8. After the initial twelve-month period and unless notified by the Customer in writing, the Agreement shall automatically renew for a new monthly rental period with a termination notification required of one calendar month. There is no break of lease payment after the initial 12-month rental.
15.1.9. The Customer shall keep and maintain the Unit in good order and Space+ shall not be liable or responsible to the Customer for any damage or loss sustained owing to any defect of the rented Unit, act of God or force majeure.
15.2. Deposit
15.2.1. A refundable deposit (no VAT) will be paid per Unit by the Customer prior to installation.
15.2.2. The deposit may not be used as payment for any outstanding rent or any other charge without the prior written agreement of Space+.
15.2.3. The deposit will be refunded when the unit has been collected by Space+ and any damages, additional costs and outstanding rent have been rectified.
15.3. Monthly rental
15.3.1. Rental will be paid monthly in advance
15.3.2. Should a rental commence during a month, a pro rata payment will be paid by the Customer for that month and is calculated from the date of installation as follows:
(Number of days remaining in the month ÷ days in the month) X monthly rent
15.3.3. Invoices will be sent to Customers on the 25th day of the preceding month with the payment due on or before the first day of each month.
15.3.4. Statements will be issued upon request.
15.3.5. No cash payments will be accepted and any cash deposit fees levied by the bank will be for the Customer
15.3.6. Any payments received will be allocated to the oldest Invoice in the system.
15.3.7. Space+ reserves the right to increase the monthly rental every twelve months by a percentage in line with the Consumer Price Index (CPI). The Customer will be given a written notice not less than 30 (thirty) days before the increase takes effect. Should the Customer not accept the increase then the Customer shall be entitled to cancel the agreement in accordance with clause 15.1.8 above.
15.4. Interest on overdue payments
15.4.1. Monthly rental payments by the Customer not received after the 7th day of the month are subject to a payment of interest on overdue payments.
15.4.2. Should any sum for which the Customer is liable in terms hereof (whether for capital or interest) not be paid timeously as provided in the agreement, the Customer shall pay interest thereon at the maximum rate allowed in terms of the regulations made in terms of the National Credit Act, 2005 (Act no 34 of 2005), and calculated from the date such amount became due until the date of receipt of payment.
15.5. Breach and termination of agreement
15.5.1. In the event of the rental aforementioned being unpaid on due date thereof, or should the Customer in any other respect contravene or permit the contravention of any one or more of the provisions and conditions of this agreement and fail to remedy such breach after having received (7) seven working days (not counting any Saturday, Sunday or South African Public Holiday) written notice to do so, or should the estate of the Customer be liquidated or surrendered, Space+ shall have the right and option notwithstanding any provisions, waiver or anything to the contrary herein contained, of cancelling this agreement forthwith and immediately taking possession of the unit and the Customer shall nevertheless remain liable for the payment of any rent and other monies that may, or shall, under this agreement be owing up to the date upon which the Customer may regain possession and delivery of the unit and also for all damages sustained by Space+ by reason of the Customers breach of contract.
15.5.2. The Customer shall pay on an attorney and client scale, all costs and expenses which Space+ may incur because of any breach of the agreement by the Customer including all collection charges at the then ruling rate and tracing fees, if any.
15.5.3. The Customer shall not be entitled to withhold, delay or cancel any payments due to Space+ in terms of this agreement by reason of any breach or alleged breach of the obligations of Space+.
15.6. Burglary, attempted burglary, theft or fire damage
15.6.1 The Customer shall be responsible for the repair of any damage to the exterior and interior of the unit, resulting from burglary, attempted burglary or fire on the unit.
15.6.2 Should the unit be stolen or completely damaged by fire while in the care of the Customer, the Customer shall be responsible for the replacement of the unit. The value of the unit will be dependent on the condition of the unit when it was installed by Space+ and shall be no less than 70% of the value of a new unit.
15.7. Insurance
15.7.1. It is the responsibility of the Customer to insure the unit and contents.
15.8. Domicile and notices
15.8.1. The parties hereto choose the following addresses as their domicilia citandi et executandi for all purposes for service of all notices and legal proceedings flowing from the agreement, namely –
Space+:
Physical Address: 3 Theewatersingel, Villiersdorp, 6848
Postal Address: P O Box 479, Villiersdorp, 6848
Email: accounts@spaceplus.co.za
Ph: 079 467 0390
The Customer: Details shall be confirmed prior to installation
15.8.2. Either party shall be entitled to change their domicilia citandi et executandi from time to time by giving written notice of an alternative address in the Republic to the other party, which notice shall take effect on receipt thereof by the addressee.
15.8.3. Any notice given in connection with this agreement shall:
15.8.3.1. be delivered by hand; or
15.8.3.2. be sent by pre-paid registered post; or
15.8.3.3. be sent by email to the email address chosen by the party in clause8.1 above
15.8.4. Any notice given in terms of clause 15.8.3 above shall be deemed to have been duly given.
15.8.4.1. if delivered in terms of clause 8.3.1 above on date of delivery.
15.8.4.2. if sent by post in terms of clause 15.8.3.2 above five (3) days after posting.
15.8.4.3. if sent by email in terms of clause 15.8.3.3 above on the day of despatch of the email.