Terms and Conditions
HIRING AGREEMENT MADE AND ENTERED INTO BETWEEN THE OWNER
TRAIL & GO AND THE HIRER
For purposes of the agreement, the below definitions shall be applicable.
Definitions:
Owner – means the registered owner of the trailer being Trail & Go of Unit 4 Maitland Business Park, 1 Mowbray Road Maitland 7405.
Trailer – refers to the trailer rented by the owner and all equipment and accessories attached thereto.
Authorised Driver – is the driver authorised to drive the vehicle towing the trailer.
This includes the hirer as well as any other driver whose name and driving license number are listed in the rental agreement.
Hire Period – is the period from the date on which the trailer is collected from the owner by the hirer or its authorised driver up to and until the trailer is returned to the owner.
Hire Charge – is the amount detailed in the hiring agreement which my increase resulting from the late return of the trailer and which is payable by the hirer to hire the trailer.
TERMS AND CONDITIONS OF HIRING:
The hirer hereby hires a trailer (specifications) from the company on the following agreed terms and conditions.
- The HIRER shall pay the COMPANY the charges for hire and the required deposit upon signature of the agreement, subject to paragraph 3 below.
- The trailer hiring period including the date for it to be returned to the owner shall be specified in the receipt issued for payment of the hiring charges and which receipt shall form part of this agreement.
- The amount of hiring charges to be charged, shall differ, depending on the kind of trailer sought to be hired.
- The COMPANY shall not be obliged to allow any extension of the specified period of hire.
- Should the HIRER wish to extend the term of hire, he/she/it shall notify the COMPANY before the present agreement expires, and in the event of the COMPANY agreeing to an extension, the hirer must pay the additional hiring charge and C.D.W [specify what CDW is and if it applies] in advance.
- The hirer shall provide full proof of its identity by way of an identity document as well as full particulars of its address and place of employment, where applicable by producing proof of address and proof of work particulars and telephone numbers.
- The hirer shall provide the company with details of two contactable references, as well as the relevant telephone numbers and email addresses
- Should the trailer, due to any emergency, be returned later than the due time, the HIRER will be responsible for payment of such rental due occasioned by the emergency.
- The HIRER understands that failure to return the trailer on the agreed date of termination, without permission of the COMPANY, means that the trailer may be uninsured and the HIRER will be responsible for all costs that would otherwise be covered by insurance including the excess due to the company’s insurers or any damages caused to the trailer hired, which is due to the hirer’s negligence.
- The HIRER indemnifies the COMPANY against all claims whatever and howsoever arising which may be made against the COMPANY arising from the use of the trailer or the manner of its driving and use while it is out of the possession of the COMPANY in terms of this agreement and in the possession of the hirer.
- The COMPANY shall not be liable for any loss or damage to any property left or transported in or upon the trailer.
- The COMPANY does not accept any responsibility for any delay or damage (whether consequential or otherwise) arising from any defect, mechanical failure, breakdown or other circumstances related to the trailer.
- The COMPANY shall not be liable for any loss or damages of whatsoever nature arising out of any injury which may be sustained by the driver of the vehicle attached to the trailer, the passengers or third parties, howsoever such loss or damage may have been caused, including and without limiting the generality of the aforegoing, the negligence of the COMPANY and/or its employees.
- The hirer agrees that no passengers may be transported in or upon the trailer.
- The hirer furthermore agrees that no livestock, poultry, and or domestic animals may be transported in or upon the trailer.
- The hirer shall stipulate the use for which the trailer has been hired and the items conveyed thereon.
- Under no circumstances may the hirer transport any goods on the trailer, other than those specified in the hiring sheet/receipt.
- No rubble may be transported in or upon the trailer.
- The hirer may under no circumstances cause the trailer to be loaded in excess of its weight loading capacity.
- The hirer shall be responsible for any damages caused by potholes to the trailer, during the course of having hired same.
- The company is not responsible for any traffic fines incurred by the Hirer during the course of the hiring nor for any losses of any nature whatsoever which the hirer may suffer as a consequence thereof. In addition, the company shall charge a R50 admin fee for any fines incurred in these circumstances.
- The hirer is to specify from where ie. locality, it intends transporting items and to where it is being transported to.
- The trailer hired may not be used 50km out of Cape Town. The HIRER is to seek writtne permission from the COMPANY if the trailer will be used 50km out of Cape Town. The trailer is to be returned to the COMPANY on the return date set out in the booking agreement/receipt.
- In the event of the trailer being damaged, stolen, or destroyed, or any accident damage occurring, arising out of any cause whatsoever, the HIRER accepts responsibility for payment of the owner’s excess of R2,500-00 in addition to being responsible for the damages sustained to the trailer in the process. The hirer will be responsible for any damages incurred due to the trailer being used utilised on dirt roads, the hirer shall be responsible
- The hirer accepts that it is his/her/its responsibility to ensure the trailer is secure and protected at all times.
- In the event of the theft of the trailer from the hirer, the latter accepts full responsibility for the replacement costs of the trailer.
- The HIRER agrees that upon return of the trailer to the company, the latter shall inspect the trailer so returned, and where it considers it necessary to effect repairs thereto, occasioned due to the use of the trailer by the hirer, the COMPANY shall forthwith cause the repairs to be effected and shall recover the costs thereof from the HIRER.
- In such event the hire of the trailer shall be deemed to continue until such repairs are completed and the HIRER shall continue to pay the COMPANY basic rental as and from the time of delivery of the trailer to the COMPANY until the repairs shall have been completed.
- The HIRER hereby warrants and represents that he is not less than 23 years of age and is duly licensed to drive a motor trailer in the Republic of South Africa and undertakes to produce his license to the COMPANY whenever required to do so.
- The HIRER further warrants that the trailer will be driven only by a duly and fully licensed driver whose license has not been endorsed, who is not suffering from any physical infirmity, defective vision and hearing, and who has not been refused motor insurance or had his insurance policy cancelled or special conditions imposed or increased insurance premiums asked with regard thereto for any reason whatsoever.
- The HIRER agrees that he/she/it will not sublet the trailer and that it will not be used by him/her/it or any other person for racing, towing, competition of any kind, or for the conveyance of merchandise or for the carriage of passengers for reward or in the course of business.
- The HIRER undertakes that any breakdown of the trailer or towing of trailer or any accident in which it was involved, or theft thereof will be reported to the COMPANY by he/she/it immediately. Prior permission must be obtained from the COMPANY for repairs to the trailer or towing of trailer.
- The HIRER undertakes that no articles be carried in the trailer hired which may cause damage to the trailer.
- The HIRER undertakes to return the trailer hired to the COMPANY for lubrication service every 5 000 kilometers or alternatively to satisfy the COMPANY that such lubrication service has been affected every 5 000 kilometers.
- The HIRER agrees that in the event of a breach by him/her/it of any of the foregoing conditions or if in the opinion of the COMPANY any person who drives the trailer during the period of hire or any extension thereof is an inefficient driver or utilised the trailer in a manner calculated by the hirer, to prejudice the company’s rights and interests therein, the COMPANY shall be entitled forthwith to terminate the hiring agreement, and to retake immediate possession of the trailer without prejudice to its rights, and to claim from theHIRER the prolonged rental and/or damages on account of breach of contract.
- The Hirer acknowledges that the trailer is complete with spare wheel, has inspected the trailer upon collection from the hirer, which trailer the hirer has found to be in a good condition, and without any defects.
- In the event of default in payment or refusal to pay by the charge/credit Company or credit/charge card holder, as stated overleaf, the HIRER shall in any and all events be personally liable for all charges as may be raised in terms of this agreement.
- The HIRER undertakes not to take the trailer outside the Republic of South Africa without the written consent of the COMPANY.
- Any legal proceedings arising out of or in connection with this contract may be instituted In the Magistrates Court irrespective of the amount involved.
- For the purpose of such legal proceedings the HIRER chooses DOMICILIUM CITANDI ET EXECUTANDI at the address referred to below.
- The HIRER hereby confirms having read and understood the terms of the this agreement, as well as the particulars set out in the receipt issued in respect of payment of the hiring charges, which receipt particulars are to be read in conjunction with the agreement, and which forms part thereof.
- By affixing its signature below, the hirer hereby agrees to the terms of the hiring agreement, which the hirer has read and understood.