Terms & Conditions
The Lessee’s attention is drawn to clauses that require the Lessee to indemnify the Lessor or may result in the Lessee incurring a liability.
1 SCOPE OF AGREEMENT:-
The Lessor leases to the Lessee who hires the goods as set out in the Quote for the rental amount and for the period as set out in the Quote. The terms and conditions set outherein shall apply to all rentals between the Lessor and the Lessee.
2 1. The Lessor remains the owner of the goods.
2.2. The Lessee shall not allow the goods to accede to any premises and waives any rights flowing from such accession.
3. ACCEPTANCE OF THE GOODS:-
3.1. The Lessee accepts delivery of the goods per the Quote.
3.2. The Lessor makes no representation as to the ﬁtness of the goods for any purpose whatsoever.
4.1. Delivery takes places when the goods are placed on the vehicle of the carrier who will deliver the goods to the delivery address, whether such carrier has beennominated by the Lessor or the Lessee.
4.2. The Lessee shall have no claim against the Lessor for late delivery.
4.3. The Lessee shall, at its expense:
4.3 1. Prepare the place at which the goods are to be sited at the delivery address.
4.3.2. Ensure that the carrier shall have easy and clear access to such site.
4.3.3 Should the Lessee fail in its obligations, the carrier shall be entitled to effect delivery of the goods at any place on the delivery address.
5 1. The Lessor shall collect the goods at the delivery address on termination of the Agreement.
5.2 The Lessee shall provide the Lessor with a minimum of 7 (seven) days written notice to collect the container.
5.3. In the event that the Lessee fails to deliver the goods empty for collection without obstruction or delay, on the termination date, the Lessee shall pay the Lessor demurrage charges at the same rates as the amount speciﬁed in the Quote or current transport charges.
6. RENTAL AND OTHER CHARGES:
6.1 The Quote shall form the basis for the minimum monthly rental and transport charges.
6.2 Rental is charged per calendar month
6.3. The Lessee shall pay the monthly rental as set out in the Quote before or on the first day of the month, free of deduction, set off, exchange or commission, by way of EFTinto a bank account nominated by the Lessor.
6.4. In addition to the monthly rental, the Lessee shall pay all transport and handling charges as set out in the Quote, similarly in accordance with the provisions of thisclause.
6.5. All amounts payable exclude VAT.
6.6. Should the Lessee pay any amount late, such amount shall attract interest at the prime rate charged by the Lessor’s bankers plus 2.5% perrcentage points from due dateto date of payment.
6.7 If for any reason the rental is not paid on time, the Lessor can collect the goods within 7 (seven), days without further notice.
6.8 The Lessee hereby authorises the Lessor access to the delivery site of the goods to enable the Lessor to inspect and or recover the goods.
7.1. On the signature date, the Lessee shall pay to the Lessor the deposit specified in the Quote.
7.2. The Lessee shall be entitled to retain this deposit until all amounts due by the Lessee have been paid and shall further be entitled to set off any unpaid amounts against such deposit.
8.1. The risk in and to the goods shall pass to the Lessee on delivery.
8.2. The risk in and to the goods will only revert to the Lessor once it has been inspected by the Lessor on collection and the Lessor has advised the Lessee that it is satisﬁedwith the condition of the goods.
8.3 The risk in and to the goods shall pass from the Lessee to the Lessor on upliftment of the goods.
9.1. The Lessee shall insure the goods with a reputable insurance company for an amount equal to the unit replacement value as reflected in the schedule and shallmaintain such insurance for the duration of this Agreement.
9.2. The Lessee shall note the Lessors interest in the goods on the policy and shall provide the Lessor with proof that the Lessor’s interest has been noted as well as proof ofpayment of the premiums.
10. USE OF THE GOODS:
10.1. The Lessee shall only use the goods for the purpose stated in the Quote.
10.2. The Lessor makes no representation and gives no warranty that the goods are ﬁt for the purpose for which they will be used.
10.3. The Lessee shall, at its cost, maintain the goods during the period of the lease.
10.4 The Lessee may not make any alteration or structural changes to the goods. The cost of, if any, remedial work will be recovered from the Lessee.
11.1. The Lessee indemnifies the Lessor against any claim of whatsoever nature arising from the use of the goods by the Lessee.
11.2. The Lessee shall forthwith on demand from the Lessor pay any such claim.
12. NOTIFICATION TO OWNER OF PREMISES:
The Lessee shall, prior to delivery of the goods, advise the owner of the premises of the Lessor’s ownership of the goods and shall provide proof of such notiﬁcation to theLessor.
13 1. Should the Lessee at any time during the period of this Agreement:
13.1.1 Fail to pay, on due date, any sums whether rental or other amounts due in terms of this Agreement, or
13.1.2. Fail to comply with the performance of any other obligation in terms of this Agreement and remain in default for a period of seven days after receipt of written notice calling upon the Lessee to rectify such default.
Then and in such event the Lessor shall be entitled, without prejudice to any other remedy and / or right which the Lessor may have, including the rights to claim damages:-
13.1.3. To claim immediate payment of all amounts then due and payable in terms of this Agreement, or
13.1.4. To cancel this Agreement, obtain possession of the goods, and proceed for the recovery of any damages that the Lessor may have suffered as a result of, or inconsequence of the Lessees breach of this Agreement,
13.2. All amounts not paid by the Lessee on due date shall bear interest at the prime rate + 2.5% (two and a half percent), calculated from the due date until date of receipt ofpayment.
14. JURIDICTION AND COSTS:
14.1. The Lessee hereby agrees that in the event of any legal proceedings arising out of, or in connection with this agreement, that the Lessor shall have the right to institutesuch proceedings either in any provincial or local division of the High Court of South Africa, notwithstanding the fact that such Court may not have jurisdiction over theLessees person, or in any Magistrate’s Court in South Africa having jurisdiction in respect of the Lessors person, notwithstanding that the claim or value of the matter indispute may exceed the jurisdiction of such Court.
14.2. The Lessor shall have the sole discretion to choose in which division of the High Court, or in which Magistrate’s Court proceedings shall be instituted, and the Lessee agrees to submit itself to the jurisdiction of the Court chosen by the Lessor
14.3. The Lessee shall pay all costs incurred by the lessor in recovering the goods, or arising from any breach of this Agreement by the Lessee including, without limitation ofthe aforegoing, all costs of transportation, storage, reasonable refurbishing of the goods for purposes of re-leasing, sale or valuation, as well as legal costs on the scale as between attorney and own client.
15. DOMICILIA AND NOTICES:
15.1. For all purposes arising out of, or in respect of this Agreement, each of the parties chooses its Domicilium et executandi at its address speciﬁed in the schedule.
15.2. Either party shall be entitled to change its address for the purposes of this clause by giving notice to that effect, delivered by hand, email or dispatched by registered mail, to the other party.
15.3. Any notice addressed by prepaid registered post to the Domicilium of the addressee thereof shall be deemed to have been received by the said addressee on the third dayafter the date of postage thereof and, where delivered by hand or email, on the date of delivery.
15.4. If any payments are remitted through the post by the Lessee, then the post office shall be deemed to be the Lessees agent.
16. NON-VARIATION I INDULGENCE:
16.1. This Agreement constitutes the whole Agreement between the parties and no oral additions’ variations or alterations shall be of any force or effect unless reduced towriting and signed by both parties.
16.2. No relaxation or indulgence granted by the Lessor to the Lessee shall in any way affect the Lessor’s rights whether in terms of this Agreement or otherwise, and shallnot be construed as being a waiver or novation thereof.
17. LIMITATION OF LIABILITY:
In the event that the lessee has claims against the Lessor whether arising from any breach of this Agreement by the Lessor, or whether arising from any negligence on thepart of the Lessor, its employees or agents, or from whatsoever cause arising, the Lessor shall not be responsible or liable for consequential damages or loss, and the claimsof the Lessee shall be limited to an amount not exceeding the rental paid by the Lessee to the Lessor prior to the date of the claim arising.