In this agreement the following words or expressions shall have the following meanings:
(a) ”The Company” = Multilayer Trade Corporation
(b) ”The Hirer” = The party described as such on the rental agreement
(c) ”The Authorised Driver” Means:
1. The renter and/or the authorised driver described overleaf; 2. Where the vehicle is hired for business purposes means a
bonfide employee of the hirer, over the age of 23 who
has a valid driving licence and whose primary duty as an employee of the hirer is that of a driver.
(d) ”The Vehicle” = The motor vehicle more fully described on the rental
agreement, including all its accessories.
(e) ”Accessories” = One jack and handle; one spare wheel spanner: one set of triangles; one spare wheel; one lockable fuel tank cap and keys, and any additional accessories listed on the rental agreement.
(f) ”Person” = Includes any natural person or legal entity. Any words importing any gender shall include the other genders and words importing the singular shall include the plural and vice versa.
2. HIRE AND PAYMENT
(a) All prices include VAT. The Hirer undertakes to ensure that payment of any account rendered will reach the Company Head Office not later than 30 days from date of statement for the month during which credit was granted.
(b) Where a special rate, discount or commission was negotiated in respect of a transaction and or transactions and where payment has not been received in accordance with the terms set out in 2(a) the Company reserves its right to charge its full rate prevailing at the time of the hire for the period of the hire.
(c) All payments by the Hirer shall be made free of exchange and without any deductions whatsoever at the Company’s place of business.
(d) Fuel is not included in the hire rates. Vehicles are delivered to a hirer with a full tank and the hirer is responsible for delivering the vehicle to the Company with a full tank, alternatively the hirer will be responsible for the payment of the cost of refilling the vehicle on its return.
(e) A R100 fuel top up levy will be charged on all vehicles that are not returned with a full tank.
(f) Invoices for vehicles that are returned after 17h00 will only be concluded the following morning after the vehicles has been thoroughly checked.
3. USE OF VEHICLE
The Hirer shall not without the prior written Consent of the Company:
(a) Use the vehicle for off-road transportation, racing, towing, rallying or in competition of any kind or for the carriage of passengers for reward, nor shall he/it convey goods or articles therein in such a manner as to cause damage through overloading or damage to the upholstery or any other part of the vehicle
(b) permit the vehicle to be driven by anyone other than the hirer or an authorised driver;
(c) permit the vehicle to be removed beyond the borders of the Republic of South Africa or into any independent State within the borders of the Republic of South Africa;
(d) permit the vehicle at any time to be loaded in excess of its legal permissible payload.
(e) The hirer or any authorised driver must be in possession of a valid, unendorsed driver’s licence which has been in force for a minimum period of three years (3). A young drivers fee is levied against all drivers under 23 years.
The Hirer shall ensure that whenever the vehicle is left unattended, it is locked and if left unattended for more than 30 minutes that same is left or garaged in or on secure premises.
4. ACKNOWLEDGMENT OF HIRER
The Hirer acknowledges that at the time of delivery to him:
(a) The vehicle, its appurtenances and accessories were in good working order and repair;
(b) The radiator, oil reservoirs and fuel tank were filled to capacity;
(c) The kilometre indicator on the vehicle was operating correctly;
(d) The tyres were of good tread and condition.
5. INDEMNITIES, ACCIDENTS AND LOSS
(a) If the vehicle is damaged in any way whilst in the hirer’s possession, the hirer will be fully responsible for the cost of all repairs to the vehicle at a panel shop of the Company’s choosing. In addition the hirer agrees to pay the current standard brochure hire rates for that particular vehicle while it is of the road for said repairs, if the vehicle is deemed irrepairable (damage beyond economic repairs) by the Company in its sole discretion, the hirer shall forthwith pay to the Company the cost of replacing the vehicle with an identical new one, less the salvage value which the Company is able to obtain for the vehicle.
(b) Should the hirer not return the vehicle to the Company for any reason, including but not limited to the loss of the vehicle due to theft or hijacking, the hirer shall forthwith pay to the Company the cost of replacing the vehicle with an identical new one.
(c) Where negligence of the hirer is a factor in any proceedings arising hereof, such negligence shall be presumed and the onus of disproving the same shall be on the Hirer.
(d) The Hirer shall:
(i) immediately report any breakdown of the vehicle, any collision in which it is involved or theft thereof or damage thereto, to the Company and the Police and immediately after any verbal report to the Company confirm same in writing.
(ii) do all things reasonably required by the Company. its insurers or any authority arising out of contingencies hereof, failing which it shall be responsible for any damage suffered by the Company, arising from its omission.
(e) Should a driver be supplied to the Hirer by the Company, such driver shall be deemed the employee of the Hirer during the duration of this agreement.
(f) The Hirer will be responsible for the payment of any fines for traffic offences, and in the event that the Company is obliged to pay any fine undertakes to repay the company on demand.
(g) A fine handling fee of R100 per fine is levied against all fines.
The Company shall be entitled in its sole discretion to allocate the deposit paid by the Hirer for the excess, or if the insurance cover is repudiated by the Company for any reason whatsoever, to the damages suffered by the Company.
6. HIRER’S OBLIGATIONS
(a) During the duration hereof the Hirer shall:
(i) Ensure that water and oil levels in the vehicle are checked regularly and that any defects are immediately reported to the Company. The vehicle shall not be used until any such defects are remedied;
(ii) return the vehicle to the Company for lubrication service every 15000 kilometres or every 90 days whichever is the sooner;
(iii) use the vehicle in a fit and proper manner with regard to the driving and loading;
(iv) be responsible for payment of any fuel oil or necessary lubricant used;
(v) be liable for any damage caused by his negligence or that of the nominated driver or for any illegal action on his part or that of the nominated driver.
(b) During the duration hereof the Hirer shall not.
(i) use the vehicle in any illegal manner.
(ii) without the prior written consent of the Company cede or delegate his/its rights or
obligations hereunder or sublet the vehicle to any person whatsoever.
(c) Unless a written extension of the hire period is agreed upon, the hirer shall return the vehicle to the Company on the date of termination. A failure to do so will entitle the Company to report the vehicle as a ”stolen vehicle”.
7. COMPLETION OF AGREEMENT
The Hirer acknowledges that in so far as certain information namely ”days hired”, ”kilometres out”, ”kilometres driven”, ”fuel”, ”driver”, ”sundries” and ”permits” required for the completion of the face of rental agreement are not available at the date of signing, it hereby authorises the Company to insert such information in the rental agreement and agrees that it shall be bound by the amounts so
8. KILOMETRE INDICATOR
Should the kilometre indicator malfunction or stop working the Hirer shall:
(a) immediately return the vehicle to the Company for the purpose of repair;
(b) furnish the Company with full details of the use to which the vehicle has been put to enable the Company to reasonably assess the distance covered since malfunction or breakdown of the indicator The decision of the Company in this regard shall be final and binding on the Hirer.
(c) All speedometers are sealed, If any speedometer is found to have been tampered with, the renter will be charged for 500km per day of the signed rental agreement, plus the original kilometres driven. All discounted, special, weekly, monthly, unlimited kilometres and weekend rates will become null and void.
(a) A certificate under the hand of any senior official of ’the Company (whose status need not be proved) shall be sufficient proof of any amount ,due by the Hirer thereunder.
(b) Such certificate shall be valid for the purpose of obtaining Judgment, Provisional Sentence, Summary Judgment or any other order against the Hirer.
(c) The Company shall be entitled to appropriate any amount paid or due by the Hirer to any liability of the Hirer as it (the Company) in its sole discretion elects
(d) The Hirer and the signatory hereto choose domicilium citandi et executandi for all purposes arising hereout at the addresses reflected for them respectively overleaf.
(e) The Hirer consents to the Company having the option to bring any legal proceedings arising hereout in any Magistrate’s Court having jurisdiction, notwithstanding that the subject matter of any cause of action would otherwise be beyond such courts jurisdiction. The Company shall at all times be entitled to bring any legal proceedings in any other Court of competent jurisdiction.
(f) No relaxation by the Company of any of its rights hereunder or indulgences by it to the Hirer shall in any way prejudice the Company’s rights hereunder nor shall they be construed as a waiver or novation of such rights unless reduced to writing and signed by the Company prior to such waiver or relaxation.
(g) This, read together with the rental agreement, is the whole agreement between the parties hereto and no variation, additions or alterations thereto shall be of any force or effect unless reduced to writing and signed by both parties
(h) The Hirer hereby warrants and undertakes that he or his nominated driver has:
(i) obtained the necessary authority, Motor Carrier Transportation Certificate or Exemption from the Local Road Transportation Board or any other authority concerned to lawfully utilise the vehicle hereby hired by him for the purpose of which he intends putting and actually using the vehicle, insofar as such Motor Carrier Transportation Certificate, Exemption or Authority may be necessary. In the event of the hirer not first having obtained the said Motor Carrier Transportation Certificate Exemption or necessary Authority, the Company shall not be responsible to the Hire or any other person or persons concerned for the contravention by the Hirer of any laws or regulations occasioned by the use of the vehicle by the Hirer.
(ii) A licence to drive the motor vehicle in the Republic of South Africa.
(iii) In the event that the Company is obliged to utilise the services of an attorney to enforce any of its rights in terms of this agreement. the hirer agrees to pay the Company’s Costs thereby incurred on an attorney and own client basis.
Should the Hirer commit a breach of any of the terms of this agreement whether such breach the material or not or commit any act of Insolvency: or have made any incorrect or misleading statements or representations to the Company then upon such happening and without prejudice to any other rights which the Company may have against the Hirer to claim damages or otherwise, the Company shall have the right, without notice, to cancel this agreement forthwith in which event the Hirer shall be obliged at his/its own cost and expense to return the vehicle to the Company and to forthwith pay all amounts which at date of cancellation are due and unpaid.
If for any reason whatsoever (as long as not attributable to the Company) the vehicle is impounded by the Police or Traffic Authorities, the Hirer agrees to pay the Company as and by way of a genuine and fair estimate of the Company’s damages, all the charges provided herein calculated from the date of inception of this contract until release of the vehicle to the Company. It the vehicle is still impounded after six months of date of signature of the contract, it shall be deemed irrecoverable and the Hirer shall forthwith pay to the Company (in addition to the damage specified above) the Cost of replacing the vehicle with an identical new one.
12.1 The hirer indemnifies the Company against any claim by any person for any damages of any nature whatsoever suffered as a result of any incident involving the vehicle whether as a result of the Company’s negligence or otherwise
12.2 The Company shall not be liable for any damage arising out of any defect in the mechanical failure of the vehicle, nor any loss of or damage to any property being transported or left in the vehicle nor for any indirect damages, consequential loss of profits, or any other damages which the hirer or the driver of or any person transported in the vehicle may suffer arising out of this agreement or by virtue of the use of the vehicle
13. WAIVER COVER
Payment of the premium for waiver shall exempt the hirer from liability to the Company for the loss of or damage to the vehicle, over and above the excess payable as detailed on the rental agreement if,
(a) The vehicle is damaged during the use thereof by the hirer, provided that the vehicle was being used in compliance with the provisions of this agreement and was not being driven contrary to the provisions of any law.
(b) It the vehicle is stolen whilst the vehicle is on hire, provided that the vehicle was being utilised, garaged or parked in accordance with the provisions of the agreement.
(c) Notwithstanding payment of the premium, and without derogating from the obligation of the hirer to use, garage or store the vehicle in terms of this agreement, the hirer shall not be indemnified in terms of this clause if the vehicle was damaged or lost:
(i) in any area governed by the Emergency Regulations Promulgated from time to time in the Republic of South Africa in terms of any applicable legislation or any area where civil unrest is prevalent. or;
(ii) Zimbabwe, Mozambique, Botswana, Swaziland, Lesotho, Namibia or any other country or;
(iii) where the vehicle is lost or damaged by or through any act of a political nature (where applicable) and as more specifically defined by the South African Special Risks Insurance Association (in such area, self governing territory or country, the cost of any such loss or damage of any liability resulting from such loss or damage shall be the sole responsibility of the hirer, for the hirer’s own account and shall be recoverable by Company from the hirer or;
(iv) where the vehicle is used or dealt with contrary to the terms and conditions of this agreement.
(v) Where the vehicle is not returned on the due date, alternatively is not returned on due date in respect of written extension of the contract of hirer. (vii) Where the vehicle is damaged in an accident or stolen and a person other than the hirer or authorised driver was driving the vehicle, alternatively where the driver of the vehicle was not in possession of a valid, unendorsed driver’s licence which had been enforced for minimum period of three years and / or where the driver was under 23 years of age”.
(d) Should the vehicle be fitted with a gear lock and the gear lock was not used the hirer will be responsible for the total cost of the loss of the vehicle
(e) The hirer liability will be doubled in the event of damage being caused to the vehicle by driving on roads not suitable for the vehicle or, where the vehicle was damaged in a collision or incident where no other vehicle came into physical contact with the hired vehicle.