Terms and Conditions

 

(“Lessee“)

 

and

 

RENT2U (PTY) LTD

(2023/231195/07)

 (“Agent“)

 

 

 

1.          PARTIES

 

• The Parties to this Agreement are specified in the cover page of this agreement

 

2.          DEFINITIONS AND INTERPRETATION

 

 

• The headings to the clauses and Schedules of this Agreement are for reference purposes only and shall in no way govern or affect the interpretation, nor modify nor amplify the terms of this Agreement nor any clause or schedule

 

 

• Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:

 

• “Agreement” shall mean this agreement and all

 

 

• “Business Day” shall mean any day other than a Saturday, Sunday or an official public holiday in South Africa;

 

 

• “Day” shall mean any calendar day, including Saturdays, Sundays and public Holidays;

 

 

• “Effective Date” shall mean the 1^st (first) Business Day after the Signature date of this Agreement;

 

• “Fee” shall mean the Agent’s commission payable to the Agent by the Lessee, as specified throughout this agreement

 

 

• “Parties” shall mean the Lessee and the Agent;

 

 

• “Service” shall mean the act of the agent providing a platform for the Lessee to supply his/her assets for a monetary return.

 

• “Signature Date” shall mean the date of the signature of the Party last signing this Agreement in time;

 

• “VAT” shall mean Value Added Tax, as defined in the Value Added Tax Act, 1991 (Act No. 89 of 1991), (the “VAT Act”) or any similar tax which is imposed in place of or in addition to such tax;

 

 

• In this Agreement –

 

 

• an expression which denotes –

 

 

• any gender includes the other genders;

 

 

• a natural person includes the plural and vice versa;

 

 

• a Party includes reference to that Party’s successors in title and assigns allowed at law; and

 

 

• a reference to a consecutive series of two or more clauses is deemed to be inclusive of both the first and last-mentioned clauses.

 

• Any reference in this Agreement to –

 

• “business hours” shall be construed as being the hours between 08h30 and 16h30 on any business Any reference to time shall be based upon South African Standard Time;

 

 

• “days” shall be construed as calendar days unless qualified by the word “business”, in which instance a “business day” will be any day other than a Saturday, Sunday or public holiday from time to time;

 

• “public holiday” means a public holiday as contemplated in the Public Holidays Act, 36 of 1994;

 

• The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

 

 

• Any substantive provision, conferring rights or imposing obligations on a Party and appearing in any of the definitions in this clause 2 or elsewhere in this Agreement shall be given effect to as if it were a substantive provision in the body of the Agreement.

 

• Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout this Agreement.

 

 

• When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the immediately following Business

 

 

• In the event that the day for payment of any amount due in terms of this Agreement should fall on a day which is not a Business Day, then the relevant date for payment shall be the following Business

 

• Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

 

• Any consent, approval and/or authorisation required to be obtained by one Party from the other Party shall not be unreasonably withheld or delayed. Any consent, authorisation and/or approval between the Parties shall, unless otherwise specifically stated, be in writing and signed by duly authorised persons on behalf of each Party.

 

 

• The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not  

 

 

• The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for their

 

• In the event of any conflict between any provisions of this Agreement, the Terms of Reference and/or any other bid documents, the provisions of this Agreement will prevail.

 

 

3.          INTRODUCTION

 

 

• WHEREAS the Agent is a registered company in terms of the Companies Act, Act 71 of 2008;

 

• WHEREAS the Agent has the platform, network and knowledge to assist the Lessee with the requisition of specified assets;

 

• WHEREAS the Lessee is in need of the Agent’s services to lease assets; and

 

• WHEREAS the Lessee intends to appoint the Agent for purposes of assisting the lessee in the leasing of available assets;

 

3.5          the Parties now enter into this Agreement to record the terms and conditions of                .. the appointment of the Agency and matters incidental thereto

 

 

 

 

 

 

 

4.          APPOINTMENT

 

 

• The Lessee hereby appoints the Agent, as a dedicated Agent, to assist the Lessee with the provision of requested assets.

 

• The Agent accepts this appointment.

 

 

5.          STATUS, DUTIES, AND OBLIGATIONS OF THE AGENT

 

 

• General Duties of the Agent

 

 

• The Agent shall devote all reasonable care and skill to the sourcing and leasing of the requested asset(s).

 

 

• In the performance of his/her duties under this Agreement, the Agent shall act in a professional manner and in such ways that are fully consistent with the image and reputation of the registered company.

 

 

• The Agent shall comply with reasonable instructions given to it by the owner of the Asset.

 

• The Agent shall not:

 

 

• commit any act which defrauds or criminalizes the Lessee;

 

• commit any act which destroys or damages the sourced asset(s);

 

• charge any fee in his capacity as Agent other than in terms of this Agreement;

 

• misrepresent any facts to the Lessee in respect of the asset management process and the events that unfold/occur during the management process.

 

 

 

 

5.2.             Information

 

 

• The Agent shall fully and correctly inform the Lessee of the asset leasing and requisition process.

 

5.3.             Compliance with Local Laws

 

The Agent shall, in performing this Agreement, strictly comply with all local laws and regulations.

 

5.4.             Breach

 

The failure by the Agent to fulfill its obligations under this clause 5 shall be deemed a material breach of this Agreement that shall entitle the Lessee to immediately terminate this Agreement pursuant to clause 8.2.

 

6. THE ASSET

 

• The asset is hereby described as per the description on the digital form.

 

• The Agent undertakes the following:
  • Upon handover of the asset to the Lessee, the following is recorded:
    • The asset is fully licensed (if required);
    • The asset is in good, working condition;
    • The asset is serviced in regular intervals;
    • The asset is free from any defect or operational hazard.
    • Should the asset require any specific operation permits and/or licenses, the Agent will inform the Lessee of same;
    • The asset is insured/covered by insurance;
    • Any internal/external/operational defects are vocalized.

 

• The Lessee acknowledges the agent relies on the bona fide assumption, that the asset’s registered owner has complied with the above and has provided the relevant documentary proof (if necessary).

 

• The maintenance, repair and upkeep of the asset remains the sole responsibility of the asset owner at all times.

 

7.          DUTIES OF THE LESSEE

 

• Information and documentation

 

 

• The owner of the asset shall provide the Agent with all information, documentation and operational standards necessary for the leasing of the aforementioned asset.
• The lessee shall ensure they are fit and proper to operate the leased asset at all material times.

7.2.             Fees

 

 

• As consideration for the Services to be rendered by the Agent under this Agreement, the Lessee agrees to pay the Agent an agreed upon Fee.

 

• The fee(s) applicable are broken down and agreed to in a direct contract once your application has been accepted. 

 

• The Lessee understands and accepts that the aforementioned amount will be paid over to the agent in full, upon the successful conclusion of this agreement.
• No deposit will be deducted and/or released until the asset has been successfully returned to the agent upon completion of the contract.

 

 

 

 

8.          DURATION OF THE AGREEMENT

 

 

This Agreement shall become effective on dates agreed to in the direct contract after your listing has been verified. No extensions will be granted without prior arrangement and fee compensation.

 

9. LIABILITY

 

• The use, storage, transportation and operation of the asset shall be the sole risk of the lessee throughout the rental period.

 

• The lessee shall be liable for any loss, damage or total destruction to/of the asset and any recovery expenses, irrespective of the negligence in whole or part of the lessee.

 

• The Lessee hereby agrees to indemnify the Agent, its employees, and representatives from any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any negligent use, misuse, transportation, or operation of the leased asset during the term of this Agreement.

 

• The Lessee acknowledges and agrees that they shall be solely responsible for any injury, damage, loss, or liability arising out of the negligent use, operation, transportation, or possession of the asset, whether by the Lessee or any third party acting under the Lessee’s control or direction.

 

• Upon commencement of this agreement, the lessee undertakes to operate the provided asset with reasonable care, concern and understanding of the nature of the equipment. Any injuries and/or death resulting in the use of the equipment by the lessee and/or any other recipient, will assume responsibility on or by the lessee. The lessee waives any claim against the agent for extenuating circumstances listed above.

 

• The agent shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use, operation, transport, or possession of the leased equipment, even if the Lessee has been advised of the possibility of such damages.

 

• Any damage, injury, death or destruction resulting from the improper maintenance or upkeep of the asset, will be directed to the registered owner of the asset. The lessee reserves the right to proceed further directly against the owner of asset.

 

 

10. FORCE MAJEURE

 

The lessee understands and agrees that the asset shall be maintained, operated and curated at the sole risk of lessee, and neither agent nor any Related Party shall be liable for any damage thereto, other than resulting from the gross negligence or willful misconduct of such party. The lessee, as a material part of the consideration to the agent, hereby assumes all risk of and, to the extent permitted by applicable Laws, waives all claims it may have against the Agent and any Related Parties for any and all losses, costs, including, without limitation, reasonable attorneys’ fees, damages, causes of action, penalties, claims and liabilities of any kind whatsoever arising out of lessees’ use of the asset or other non-contracting people’s use of the asset, at the discretion of the lessee arising out of mechanical faults, theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or other order of governmental body or authority or other conditions or occurrences in the Republic, including but not limited to, any damages or inconvenience which may arise through maintenance, repair or alteration of any part of the vehicle, or failure to make such repairs.

 

11. BREACH

 

• This agreement will be breached in one/more of the following circumstances:
  • The lessee/agent refuses to hand over the aforementioned asset as/when needed;
  • The asset does not meet the standards set out in par 6.2 above;
  • The asset is seized by any legal official for purposes of criminal/civil proceedings;
  • The asset is destroyed, stolen or damaged beyond repair;
  • The lessee is incarcerated or the contracting company liquidated (if the contracting party is a registered company).

 

• The agent reserves the right to levy a R10 000-00 fine for the willful breach of this agreement.

 

• The agent reserves the right to proceed legally against the lessee for any losses incurred related to the breach of this agreement, including but not limited to, financial, reputational, criminal, etc.

 

12.       TERMINATION

 

 

• Either Party shall have the right to terminate this Agreement for cause pursuant to a material breach by the other Party of its obligations in terms of this Agreement, as per par 11 above.

 

• A Party alleging that there has been a breach of this Agreement shall provide the other Party with written notice of such breach and shall call upon the other Party to rectify such breach within a period of not less than fourteen (14) days, failing which the Party alleging the breach shall be entitled to terminate this Agreement

 

13. OPERATIONAL PROCEDURES

 

• Upon receiving the asset, the full provisions of this agreement will strictly apply.

 

• The asset will be collected and returned from a location specified by the agent.

 

• Upon completion of the duration of this contract, the asset will be returned no later than 16:00 on the specified day, failure to return will result in an additional daily rate to be deducted from the deposit, no exceptions.

 

• The asset is not allowed to leave the country without express permission from the owner of the asset and/or the agent, with a fully itinerary supplied.

 

• During the duration of this agreement, the lessee will operate the asset with considerable care, as expected from a competent operator of the asset. Such duties of care include, but are not limited to, maintain tyre pressure, working proficiency, electrical usage, cleaning, etc.

 

• The lessee agrees to utilize the asset for its intended purpose.

 

• The lessee understands and accepts the duty and care required during the operation of the asset and will endeavor to uphold same.

 

14.       GENERAL

 

14.1.          This document contains the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, promises or the like not recorded herein and signed by or on behalf on the agent and lessee.

 

14.2.          The lessee authorizes the company to insert any particulars in the agreement, which are not known or unavailable at the time of signing or to rectify any bona fide errors in any fact, figure or calculation.

 

14.3.          This agreement and all matters or disputes arising from it shall be governed in accordance with the laws of the Republic of South Africa.

 

14.4.          The lessee is not entitled to cede any of the rights under this agreement or to sub-let or part with possession of the equipment, its tools or equipment or any part of it.

 

14.5.          If the company institutes any legal proceedings against the lessee to enforce any of its rights under this agreement, it shall be entitled to recover from the lessee all the legal costs incurred.

 

14.6.          If the lessee enters this agreement on behalf on any principal, disclosed and/or undisclosed, he shall be personally liable jointly and severally with the principal by way of suretyship.

 

15.       POPI ACT

 

15.1  The Parties agree that they may obtain personal information during the duration of the Agreement for the fulfilment of the rights and obligations contained herein and may further only process such information for the specific purposes of complying with their obligations in terms of this Agreement.

 

15.2  The Parties agree that if personal information will be processed for additional purposes beyond the original purpose for which it was obtained, explicit written consent must be obtained beforehand from the other Party.

 

 

15.3  Performing the obligations as set out in this Agreement, the Parties shall at all times:

 

    15.3.1 Comply with the provisions of all laws, which regulate the protection of personal  data, including but not limited to the Protection of Personal Information Act;  

     15.3.2 Comply with all laws, policies, and procedures relating to the protection, storage, handling, privacy, processing and retention of data as well as the destruction of data, including personal data;

     15.3.3 Ensure that it shall not sell, offer for sale or dispose of or attempt to dispose of or create or allow the encumbrance over any personal data;

     15.3.4 Ensure that it does not disclose personal data other than in terms of this Agreement;

     15.3.5 Ensure that it processes data for only the express purpose for which it was obtained;

     15.3.6 Ensure that it has all reasonable technical and organizational measures in place to protect the personal data from unauthorized access and/or use.

 

16. UNDERSTANDING AND ACCEPTANCE

 

By selecting the checkbox that you accept this agreement, the agent and lessee will be hereby bound by all terms, conditions and specific provisions as outlined in this agreement.