Terms and Conditions

Terms and Conditions of Plant and Trailer Hire

1.      Definitions

In this Agreement, the following terms shall have the following meanings:

  • “Company” refers to Sale’s Hire, a Private Company with registration number: 2010/126221/23 with registered address situated at 39 Delson Circle, Heritage Business Park
  • “Customer” refers to the person or entity hiring equipment from the Company / signator of these terms and conditions.
  • “Equipment” refers to all machinery, vehicles, trailers, or any other items available for hire by the Company.
  • “Agreement” refers to the entire agreement between the Company and the Customer, including these Terms and Conditions.
  • “Hire Period” refers to the duration for which the Customer hires the Equipment.

2.      Booking and Hire

2.1   Booking Process: The Customer may book Equipment through enquiring directly from the Company. Once availability has been confirmed by the Company, the Customer shall be provided with the necessary documentation to complete the booking process.

2.2   Hire Period: The Customer agrees to hire the Equipment for the duration specified in the booking.

2.3   Rates and Payment: The Customer agrees to pay the Company the applicable hire rates, including any additional charges for extensions, damage, or other fees as outlined in the Company’s price list.

3.      Equipment Use and Responsibility

3.1 Use of Equipment: The Customer agrees to use the Equipment in a safe and lawful manner, in accordance with any user manuals provided by the Company, and in compliance with all relevant laws and regulations.

3.2  Maintenance and Inspection: The Customer agrees to inspect the Equipment before use and report any issues immediately to the Company. The Company will provide well-maintained equipment.

4.      Delivery and Collection

4.1  Delivery: The Company may provide delivery services at an additional cost. The Customer is responsible for providing accurate delivery details.

4.2  Collection: The Customer agrees to return the Equipment to the Company at the end of the Hire Period. Late returns may result in additional charges.

4.3  Liability: The Company shall not be liable for any loss or damage suffered by the Customer and / or any other party arising out of any late or non – delivery of the equipment, any mechanical breakdown, any accident or any other circumstance whatsoever.

5.      Insurance and Liability

5.1  Insurance: The Customer is responsible for obtaining and maintaining appropriate insurance for the Equipment during the Hire Period.

5.2  Liability: The Customer is liable for any damage, loss, or theft of the Equipment during the Hire Period. The Company is not responsible for any injury, damage, or loss that occurs during the use of the Equipment.

6.      Cancellation and Refund

6.1  Cancellation: The Customer may cancel a booking subject to the Company’s cancellation policy as outlined in the price list.

6.2  Refund: The Company may provide a refund, subject to its refund policy.

7.      Trailer Hire

7.1  The Customer acknowledges that at the time of taking possession of the trailer, the trailer as a whole is in good working order, free of material defects and in a roadworthy condition.

7.2  The Customer undertakes to return the trailer to the Company in the same condition as it was received by the Customer.

7.3  In the event that the Customer requires the Company to drop – off or collect the trailer, the Company will levy a charge at the standard AA rates applicable at the time of signature of this agreement.

7.4  The Customer undertakes that the vehicle to which the trailer is attached shall not be used contrary to any Road Traffic regulations.

7.5  The Customer may under no circumstances sublet or relinquish possession of the trailer without the written consent of the Company.

7.6  All rented trailers must remain within the borders of the Western Cape Province, unless written consent has been given by the Company. An infringement of this provision shall result in a penalty being levied against the Customer.

7.7  The Customer is prohibited from tampering with the trailer’s wiring. In the event that the Company ascertains that the trailer’s wiring has been tampered with whilst in the possession and care of the Customer, the Company shall be entitled to charge a minimum penalty of R 500.00 in order to restore the trailer’s wiring to its original working condition.

7.8  When loading the trailer, the Customer must not exceed the loading capacity of the trailer which is referred to as the Gross Vehicle Mass (GVM) less the Tara weight of the trailer as indicated on the tare plate of the trailer.

7.9  The Customer shall not incur any expenses, nor have the trailer repaired on behalf of the Company without the express written authorisation of the Company. This includes, but is not limited to the removal, tow away, transport or storage of the trailer.

7.10  The Company shall not be held liable for loss, theft or damage to the trailer whatsoever, nor the loss or damage to the towing vehicle of any nature whatsoever, nor any injury or death caused to the Customer or any third party, nor any 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 of South African borders.

7.11  The Customer is responsible for settling all traffic or parking fines as well as any toll charges incurred during the hire period, and the Customer undertakes to pay an administrative fee of R 250.00 per occurrence.

7.12  Should the trailer be involved in an accident or be stolen whilst in the possession of the Customer, it is the responsibility of the Customer to report the incident to the nearest Police Station and to the Company within 24 hours.

7.13  In the event of the trailer being involved in an accident or in the event of the theft of the trailer whilst in the possession of the Customer, the Customer undertakes to be held responsible for all costs calculated at the Company’s retail price for the trailer, and includes the replacement of a written – off trailer, should this be the case.

7.14  The following acts are considered negligent and the Customer undertakes not to commit the following acts: Failing to care for the trailer resulting in any damage or theft of the trailer; towing the trailer with the handbrake engaged; towing the trailer with the tyres under – inflated; over-loading the trailer; exceeding a safe towing speed of 80km/h; leaving the trailer/spare wheel/jockey wheel without supervision or unsecured; transgressing any of South Africa’s road traffic rules.

8.      Termination

The Company may terminate this Agreement and reclaim the Equipment if the Customer breaches any of the terms and conditions outlined herein.

9.      Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

10.   Miscellaneous

10.1  Entire Agreement: This Agreement contains the entire understanding between the parties and supersedes all previous agreements and understandings between the parties.

10.2  Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.

10.3  Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.   Indemnity / Risk

The Customer agrees to indemnify and hold the Company harmless from any and all claims, liabilities, losses, damages, and expenses, including legal costs, arising from the Customer’s use of the Equipment, whether due to negligence, breach of this Agreement, or any other reason

12.   Ownership

The Equipment shall at all times remain the property of the Company. The Customer shall have no right, title, or interest in the Equipment except as expressly provided in this Agreement.

13.   Replacement costs and undertaking to pay

13.1  Replacement Costs: The Customer shall be responsible for the full replacement cost of any Equipment lost, stolen, or damaged beyond reasonable wear and tear during the Hire Period.

13.2  Undertaking to Pay: The Customer undertakes to pay the Company for the replacement or repair costs, as determined by the Company, within 14 days of receipt of request for payment by the Company.

14.    Legal Costs

In the event of any dispute or legal action arising from this Agreement, the prevailing party shall be entitled to recover reasonable legal costs, including attorney’s fees.

15.   Domicillium

For all legal notices, the parties choose their respective domicilium citandi et executandi (domicile for giving and receiving notices) at the addresses stated in this Agreement, unless otherwise notified in writing.

16.   Surety

16.1  Legal entities: In the event that the Customer is a legal entity, the individual signing this Agreement on behalf of the Customer hereby acts as surety and personally guarantees the full and faithful performance of all obligations, responsibilities, and liabilities of the Customer under this Agreement.

16.2  Guarantor’s Liability: The Guarantor accepts full liability for any and all financial and legal obligations that the Customer may incur under this Agreement, including but not limited to payment of hire charges, replacement or repair costs, and any other related fees.

16.3  Independent Obligations: The Guarantor’s obligation as a surety is independent of the Customer’s obligations under this Agreement, and the Company may seek payment directly from the Guarantor without exhausting remedies against the Customer.

16.4  Continuing Liability: The Guarantor’s suretyship shall continue in full force and effect until allobligations of the Customer under this Agreement have been satisfied, and the Guarantor has been released in writing by the Company.

16.5  Notice to Guarantor: The Company may provide notices and demands to the Guarantor, and such notices shall be deemed to have been properly given if sent to the Guarantor’s last known address.

16.6  Release of Guarantor: The Company may release the Guarantor from their surety obligation upon written agreement with the Customer and the Guarantor. Such release shall not affect the Customer’s obligations under this Agreement.

17.   Waiver

No waiver by the Company of any term or condition of this Agreement shall be deemed to have been made unless expressly stated in writing, and such waiver shall be limited to the specific instance for which it is given.

18.   Hire period

The hire period shall be determined between the parties and shall be confirmed in writing by the Company on the date on which the hire period commences.

19.   Jurisdiction

The parties consent to the jurisdiction of the Magistrate’s Court within the relevant jurisdictional area.

20.   Prohibition of sub-letting

The Customer is expressly prohibited from sub-leasing, sub-hiring, or assigning the Equipment or this Agreement to any third party without the prior written consent of the Company.

21.   Prohibition of unauthorised repairs

21.1  Authorized Repairs: The Customer acknowledges and agrees that only the Company or its authorized representatives may perform repairs or maintenance on the Equipment during the Hire Period.

21.2  Notification of Damage: In the event of any damage, malfunction, or need for repairs to the Equipment, the Customer shall promptly notify the Company.

21.3  Prohibition: The Customer is strictly prohibited from undertaking or authorizing any repairs or maintenance on the Equipment without the express written consent of the Company.

22.   Late Payment Charges

Unless specified otherwise, the Customer shall pay all amounts payable under this agreement to the Company on return of the equipment, or on demand by the Company. In the event that payment is not made on the due date, interest at the rate of 2% per month shall be levied and payable by the Customer.

23.   Safety Guidelines

The Customer acknowledges that he is aware of the purpose for which the equipment was designed as well as all safety and maintenance procedures which are required in respect of the Equipment by any lawful authority and shall only use the equipment for such purposes and shall comply with all safety and maintenance procedures relevant to the specific equipment. The Customer shall be liable to and hereby indemnifies the Company for all damages or loss suffered by the Company, should the equipment be used for any other purpose or should the Customer fail to comply with any and all required safety and maintenance procedures relating to the equipment.

24.   Taxes / charges

All taxes, charges or levies payable by the Company to any authority (including but not limited to stamp duties) for any reason arising out of this agreement or through the use of any equipment.

25.   Force Majeure: Definition

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil disturbances, governmental actions, strikes, labor disputes, or any other event beyond its control (“Force Majeure Event”).

25.1  Notice: In the event of a Force Majeure Event, the party affected shall promptly notify the other party in writing, providing details of the event and its expected impact on the performance of this Agreement.

25.2  Effect of Force Majeure: The party affected by the Force Majeure Event shall be excused from performing its obligations under this Agreement for the duration of the Force Majeure Event. However, such party shall make all reasonable efforts to mitigate the effects of the Force Majeure Event and to resume its performance under this Agreement.

25.3  Extension of Time: If a Force Majeure Event prevents, restricts, or delays the performance of this Agreement for a continuous period of [Specify a reasonable duration, e.g., 30 days] or more, either party may, at its discretion, terminate this Agreement by providing written notice to the other party.

25.4  No Additional Compensation: During a Force Majeure Event, neither party shall be entitled to any additional compensation for the delay or failure to perform its obligations under this Agreement, provided that the affected party complies with the notice and mitigation requirements outlined herein.

26.   Privacy Policy

26.1  Protection of Personal Information: The Company is committed to safeguarding the privacy and personal information of our customers in compliance with the Protection of Personal Information (POPI) Act. The Company does not disseminate, share, or sell personal information to third parties, except as outlined in this Privacy Policy or as required by applicable laws and regulations.

26.2  Information We Collect: The Company may collect and process personal information, including but not limited to names, contact information, identification documents, and other data necessary to fulfil obligations under this Agreement.

26.3  Purpose of Data Collection: The personal information collected is used solely for the purpose of providing services, managing bookings, processing payments, and ensuring the safe and lawful use of Equipment.

26.4  Data Security: The Company employs industry-standard security measures to protect personal information from unauthorized access, disclosure, alteration, or destruction.

26.5  Third-Party Services: The Company may use third-party services to process payments or perform other functions necessary for the operation of the business. These service providers may have access to personal information, but they are contractually obligated to protect this information and use it solely for the purpose of providing their services.

26.6  Data Retention: Personal information is retained only for the duration necessary to fulfil the purposes for which it was collected and as required by law. The Company will securely dispose of personal information when it is no longer needed.

26.7  Consent: By entering into this Agreement, the Customer consents to the collection, processing, and storage of personal information as outlined in this Privacy Policy.

26.8  Access and Correction: Customers may request access to their personal information held by the Company and have the right to request corrections if necessary.

27.   Breach

27.1  Breach of Agreement: In the event of a breach of any provision of this Agreement by either party, the non-breaching party reserves the right to pursue all available legal remedies.

27.2  Notice of Breach: Prior to taking any legal action, the non-breaching party shall provide written notice to the breaching party specifying the nature of the breach. The breaching party shall have a mora period of seven (7) days from the date of receipt of the notice to rectify the breach.

27.3  Consequences of Non-Compliance: If the breaching party fails to rectify the breach within the specified mora period, the innocent party shall have the right to initiate legal action to seek remedies available under applicable laws and this Agreement.