TERMS AND CONDITIONS
THE TRAILER BOYS (PTY) LTD (Lessor/Seller) TERMS AND CONDITIONS
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.
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 rights 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.
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.
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.
5. Rental is calculated over a period of 24 hours (or part thereof, first day excluded); from the time the trailer is collected to the time the trailer is returned from/to the LESSORs place of business. A half day is 4 LESSOR office hours (Refer to point 7 below).
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.
7. Collections and returns will only be accepted during office hours. The LESSORs office hours are generally: Mondays to Fridays 7:30 to 17:00, Saturdays 7:30 to 16:00 and Sundays and Public Holidays 8:00 to 12:00 with exception to the Leroy Merlin based branches whose office hours may deviate lightly.
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.
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 with the consent of the LESSEE.
10. The LESSEE may under no circumstances sublet or relinquish possession of the trailer without the written consent of the LESSOR
11. All rented trailers 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 additional costs being levied against the LESSEE.
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.
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.
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.
15. The LESSEE shall on demand (Refer to point 16 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; a collection and/or drop-off cost; booking cancelation fee equivalent of one days rental; monthly interest charged at prime plus 2 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 a trailer being stolen; and damages to the trailer, calculated by the LESSOR which shall include labour costs.
16. “On Demand” meaning: for non-account customers – at the time this contract or 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 or otherwise agreed to by the LESSOR and LESSEE.
17. 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 thecargo 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.
18. 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 inthe 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.
DAMAGE AND THEFT COVER
19. 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 hour.
20. DAMAGE WAIVER: Should the LESSEE take the Damage Waiver , at a cost of 20% of the total rental cost, then the LESSOR will in the case of an accident (or damage to parts) cover ALL damages to the trailer including Repair work, Trailer Parts as well as Labour. Opting NOT to take the Damage Waiver, and the trailer (or parts there of) are involved in an accident, then the LESSEE renders him/herself responsible for all costs calculated at the LESSORS retail price, and INCLUDES THE REPLACEMENTMENT OF A WRITTEN-OFF TRAILER should it be the case. Damage Waiver exclusions are: Theft (Parts or Trailer) of any kind; third -party damages; LESSEE towing vehicle damages, damage to cargo loaded on the trailer, and Negligence (Refer to point 22 below).
21. INSURANCE: The cost of insurance is already included in the rental price of the trailer and covers Third-Party damages as well as theft of the trailer or parts there of. Should the LESSEE submit a claim a minimum excess of R3000.00 or 10% of the replacement value of the trailer or theparts, which ever is the greater, is payable immediately in order for the claim to be processed. Failing which, renders the LESSEE responsible for the full retail replacement value of the trailer or the parts. Cover Exclusions include: Damages to any Trailer; LESSEE towing vehicle, or cargo loaded on trailer; Negligence as referred to under point 22 below.
22. NEGLIGENCE: Is defined as the LESSEE failing to take care of the trailer (or parts there of) resulting in damage or loss (Theft). Such cases include, but are not limited to: Towing the trailer with the handbrake engaged; Towing the trailer with the tyres under inflated; Overloading theTrailer; Exceeding a safe towing speed of 80K/h; Leaving the trailer/spare wheel/jockey wheel without supervision or unsecured; or transgressing any of SouthAfrica’s road traffic rules.