1.RENTAL and RENTAL CONTRACT
1.1 The LESSOR hereby lets to the LESSEE who hereby hires the trailer on and subject to the terms and conditions recorded hereinafter for the period and rental description on the reverse. The trailer shall remain the property of the LESSOR and nothing contained in this Contract shall be so construed that the LESSEE acquires any other right to or interest in the mentioned trailer than that of a LESSEE.
1.2 This agreement is a rental contract and the LESSEE, or any person acting on behalf of the LESSEE, shall at no stage during the currency of this contract or thereafter acquire any right apart from that of a LESSEE which right is restricted in terms of this agreement of ownership in the trailer nor after the termination of this contract retain the possession, use or beneficial ownership thereof.
1.3 Should the person signing the contract not be the LESSEE, and/or when such person collects the trailer in terms of the contract on behalf of the LESSEE, then such person shall be jointly and severally liable with the LESSEE for due fulfilment of all obligations arising from this contract.
1.4 Should the LESSEE be 1. a partnership, then all the partners will be jointly and severally liable to the LESSOR for the obligations of the partnership under and in terms of this contract, 2. a company, trust or closed corporation, then the person signing on its behalf warrants his authorisation to do so and the entities ability to effect payment and the person signing on its behalf will be bound to the LESSOR ipso facto and surety and co-principal debtor, with renunciation of the legal exceptions of division, excursion, cession of actions, non causa debiti and erore calculi with the force and effect of which renunciations the signatory declares himself to be fully acquainted.
1.5 Rental is calculated over a period of 24 hours or part thereof, from the time the trailer is collected to the time the trailer is returned from/to the LESSORs place of business. Late returns will be calculated at two times the daily rental rate of the trailer unless a prior arrangement was agreed to between the LESSOR and the LESSEE.
1.6 The LESSEE acknowledges that at the time of taking possession of the trailer, the trailer as a whole is in a good working and roadworthy condition and undertakes to return it in the same condition, fair wear and tear excluded.
1.7 Collections and returns will only be accepted during office hours unless prior arrangements were agreed to between the LESSOR and the LESSEE. The LESSORs office hours are: Mondays to Fridays 7:30 to 17:00, Saturdays 7:30 to 16:00 and Sundays and Public Holidays 8:00 to 13:00
1.8 Should it be requested or required for the LESSOR to drop-off or collect a trailer due to the LESSEEs inability to do so, a charge will be levied against the LESSEE at a rate per kilometre equivalent to that of the standard AA rates.
1.9 The vehicle to which the trailer shall be attached shall not be used in contrary to any Road Traffic Act; by any person who provides mistaken, false or fraudulent information to the LESSOR; by anyone other than the properly licensed driver; by anyone other than the properly licensed driver with the consent of the LESSEE.
1.10 The LESSEE may under no circumstances sublet or relinquish possession of the trailer without the written consent of the LESSOR.
1.11 All rentals are limited to within the borders of South Africa, unless written consent has been given by the LESSOR, failure to adhere to this point will result in the LESSEE being charged with a criminal offence.
1.12 As our trailers are wired to an international standard, any tampering will result in a minimum charge of R200 being levied against the LESSEE in order to restore the trailer to its original working condition.
1.13 When loading the trailer, care should be taken not to exceed the loading capacity of the trailer referred to as the Gross Vehicle Mass (GVM) less the Tara weight of the trailer as indicated on the tare plate of the trailer.
1.14 The LESSEE shall not incur any expenses, nor have the trailer repaired on behalf of the LESSOR without the express written authorisation of the LESSOR. This includes, but is not limited to the removal, tow away, transport or storage of the trailer. Authorised expenditure shall be paid by the LESSEE to the LESSOR on demand.
1.15 Should the trailer be involved in an accident or be stolen while in the possession of the LESSEE, it is the responsibility of the LESSEE to: report it to the nearest Police station and the LESSOR within 24 hours; supply the LESSOR with an enlarged copy of the LESSEEs driver licence; complete the insurance claim form; and pay the required insurance excess of the vehicle.
1.16 The LESSEE shall on demand (Refer to point 1.17 below) pay the LESSOR all related amounts. These include but are not limited to: The rental amount of the trailer prior to collection; Any required deposit; damage waiver, a collection and/or drop-off cost; a call-out charge after hours of R200 for collections or returns; a fines administration fee of R250; monthly interest charged at prime plus five percent on outstanding amounts owed to the LESSOR; all reasonable legal cost incurred by the LESSOR in the enforcement of his rights in terms of this contract; collection fees due to non-payment by the LESSEE; insurance excess in the event of accidental damage or if a trailer is stolen; and damages to the trailer, calculated by the LESSOR and includes labour costs, where the amount does not exceed the insurance excess.
1.17 “On Demand” meaning: for non-account customers – at the time the invoice is presented to the LESSEE and prior to him leaving the LESSORs place of business; for an account customer – by the 7th of the new/succeeding month.
1.18 The LESSOR shall not be held liable for: loss, theft or damage to the trailer whatsoever; or loss or damage to the towing vehicle of any nature whatsoever; or any injury or death of whatsoever nature caused to the LESSEE or third party by the rental trailer; or loss or damage of the cargo stored on the rental trailer or any third party belongings. This statement is true for occurrences both in and outside the borders of South Africa.
1.19 Liability: a certificate under the hand of any manager or member of the LESSOR, in respect of any amount owing to the LESSOR under and in terms of this contract, the fact that such amount is due and payable thereon and the date from which such interest is reckoned shall constitute Prima Facie evidence of the LESSEEs indebtedness to the LESSOR and shall be sufficient to enable the Lessor to obtain judgement in any court having jurisdiction in terms hereof. Notwithstanding the amount involved, any legal action resulting from or in connection with this contract may be instituted in the Magistrates Court, or be referred for arbitration in the sole discretion of the Lessor to The Arbitration Foundation of South Africa and for the purpose of such legal action, the LESSEE chooses domicillium citandi et executandi as the residential address indicated on the front of this contract.
1.20 Damage Waiver: Should the LESSEE choose not to accept and pay (10% of total rental amount) as a damage waiver, then the LESSEE accepts the risk of paying for all damages under R5000 as well as the insurance excess of 10% of invoiced damages to a maximum of R5000. Should the LESSEE accept and pay for the damage waiver, all invoiced damages and insurance excess will be for the LESSORs account. 1.21 The lessee chooses his address (which I accept will be written on the front of the agreement) as domicilium citandi et executandi for all purposes of this agreement where notices or letters in terms of this agreement may be delivered and where pleadings of any action out of or in connection with this agreement may be served.
2. TRAILER SALES
2.1 Second hand trailers are sold voetstoots and without any guarantees. The BUYER is responsible for the “change of ownership” before the current licence expires. Should the BUYER not perform this duty the SELLER will at the time of renewal scrap the vehicle and charge the BUYER with all related costs.
2.2 New trailers are sold as per the signed customer quotation detailing the specifications. Our new trailers carry a manufacturing and parts guarantee of one year. This guarantee is subject to the BUYER: not over loading the trailer; performing regular services; and not abusing the trailer by using it for purposes other than its intended function.
2.3 The SELLER shall not be held liable for: loss, theft or damage to the trailer whatsoever; or loss or damage to the towing vehicle of any nature whatsoever; or any injury or death of whatsoever nature caused to the BUYER or third party by the trailer; or loss or damage of the cargo stored on the trailer or any third party belongings.
3 SERVICING and REPAIRS
3.1 The Trailer Boys shall not be held liable for: any loss, theft or damage to the trailer while it is in our possession; or loss or damage of any cargo stored on the trailer while being serviced or repaired.
3.2 Our service carries a guarantee of three months. This guarantee is subject to the OWNER: not over loading the trailer; performing regular services; and not abusing the trailer by using it for purposes other than its intended function.
No amendments, additions or deletions to these terms and conditions shall be of any force and effect unless it is recorded in writing and signed by the LESSOR/SELLER/THE TRAILER BOYS and LESSEE/BUYER/OWNER