AGREEMENT BETWEEN OWNER AND CUSTOMER

Lessor – means registered independent owner of the trailer hire depot detailed the Rental Agreement: Waverley Trailers (Pty) LTD.
Trailer – refers to the vehicle rented by the Owner and all equipment and accessories attached there to.
Lessee – is the party contracting with the Owner to rent a Trailer identified in rental contract.
Authorised Driver – is a driver authorised to drive a vehicle towing the Trailer, this includes the customer 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 lessor or any authorised driver up until the Trailer is returned.
Hire Charge – is the amount detailed in the Rental Agreement or resulting from the late return of the Trailer payable by the customer to hire the Trailer.

Terms & Conditions:

  1. Ownership of the trailer’s vests in the lessor
  2. Trailers must be returned to the lessor at the premises where delivery was taken on the due date before close of business.
  3. Failure by the lessor to return the trailer/s timeously shall have the following consequences:
  • The lessor shall be entitled to retain and the lessee shall forfeit the deposit.
  • The lessee shall be liable to pay the lessor an amount in respect of the further rental contact which shall be calculated on the rating schedule for the period from the time on the last day until the time of the return of the trailer/s to the lessor.
  • The lessor shall be entitled to claim and the lessee shall be bound to pay damages for any losses suffered by or any harm caused to the lessor as a result of the lessee’s failure to return the trailer/s timeously, such losses shall include inter alia, loss of possible earnings of profits.
  1. Trailers must be returned in the same condition in which it was received, ordinary wear and tear occasioned by the use of the trailer for the purpose for which it was leased, is exempt.
  2. Trailers may only be used for purposes suitable for the trailer. The lessee warrants that he/she has a valid driver’s license and license to tow the rented trailer.
  3. The lessee must exercise reasonable supervision over the use of the trailer/s at all times
  4. The risk of loss or damage occasioned by the use lies with the lessee, who will also report to SAPS any theft of said trailer within 48 hours.
  5. The lessee is responsible for all damage by fortuitous accident, vis major damage caused by negligence oh his or on the part of those for whom he is vicariously.
  6. The lessor takes no responsibility for damages that may arise from the use of the trailer by the lessee.
  7. The Lessee takes the trailer on own risk and is fully responsible for the trailer during the period of lease.
  8. The Lessee shall not at any time during his contact period alternate, hire out, lend or in any other way dispose of the trailer/s.
  9. The lessee herby indemnifies the lessor in the respect of all claims by any person whatsoever in the respect of any injuries to persons and damages or loss to the property caused by or in the connection with, or arising out of the leasing of the trailer/s.
  10. The Lessee shall pay the Lessor, before taking possession of the trailer/s, the full amount that is payable according to the page one of the agreement, with the insurance access payable within 5 days from date of claim.
  11. The contract price shall be calculated on the rating schedule of 24 hours.
  12. The lessee shall be deemed to be in possession of the trailer/s from the time he/she takes delivery of the trailer/s from the Lessor. (“Time out” as specified in the agreement). Until such time as he/she returns the trailer/s to the Lessor (“Time Returned” as specified in the agreement).
  13. The Lessee accepts full responsibility for and herby undertakes to pay the costs of any damage (Except for wear and tear) to or loss of the trailer/s occurring during the time, from whatsoever causing arising. The deposit shall in case of damage be appropriated in defraying such damage and shall the Lessee pay on demand to the Lessor any amount exceeding the deposit
  14. The Lessor retains the right of access to any place where the trailer/s may be for the purpose of repossessing the trailer/s should the lessee not comply with any of the conditions of hire.
  15. It is the lessee’s responsibility to obtain the necessary road transport permits.
  16. The lessor takes no liability for loss or damage suffered by the Lessee because of the trailer hire not being able to perform for any reason.
  17. This is the entire agreement between the parties. No variation of consensual cancellation of this lease shall be of nay force or effect unless reduced to writing and signed by both parties. Waverley Trailers (Pty) LTD
  18. The Lessee undertakes to pay on return of the trailer all outstanding amounts due in respect of the extension of the contract period or damage to the trailer, before he/she leaves the premises of Waverley Trailers (Pty) LTD, and gives consent to Waverley Trailers (Pty) LTD to keep the towing vehicle on the premises until all amounts due have been paid.
  19. The Lessee herby renounce all benefits arising from legal exceptions of excusion, division, cession of action, de duobos vel pluribus reis debendi, non numeratae pecuniae, non-causal, error caculi, revision of accounts and non-value received and declare that I am acquainted with the meaning and effect thereof.
  20. The lessee agrees and undertakes to pay the Lessor all expenses, costs and charges         which the Lessor may incur arising of a breach by the Lessee of this agreement, including, but not limited to any cost incurred in tracing the Lessee, collection   commission and legal costs on an attorney and client scale. 
  1. SIGNING AGREEMNENT

Should this agreement be signed by any representative on behalf of the Lessee, such

representative expressly declares that he/she is authorised to conclude this agreement on behalf of the Lessee and to bind the Lessee against the Lessor, in accordance with the terms and conditions of this agreement. Should it for whatsoever transpire that the representative had no mandate to conclude this agreement on behalf of the Lessee or acted contrary to or beyond his mandate, such representative shall for all purposes be deemed to have concluded this agreement in his/her personal capacity. Personal Surety jointly and severely.  

  1. INSURANCE

The Lessee undertakes to pay the basic insurance excess of R2000.00 in the case of damage or write off. In the case of damage less than the excess of R2000.00 the Lessee undertakes to pay the full amount. In case of no insurance the Lessee shall be liable for all damages or the full replacement value. Legal action will be instituted in the need and your name places on record with credit bureau. In case of theft, criminal action will be instituted, as well as legal action in respect of all replacement value.

Indemnity:

  1. Neither Waverley Trailers (Pty) LTD / the owner, its affiliates nor any of their respective directors, officers, trustees, beneficiaries, employees, servants, agents, advisors, insurers, predecessors or successors and assigns (collectively, “the Indemnified Waverley Trailers (Pty) LTD Parties”) will be liable to the client / user / hirer or any cessionary or third party claiming through it or on its behalf, in respect of any claim whatsoever, whether in contract, delict or otherwise, for any loss, damages, costs, penalties or expenses directly or indirectly incurred through or as a result of any act or omission of the client / user / hirer / lessee (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the use of the trailer/s or any act of omission of the indemnified Waverley Trailers (Pty) LTD Parties (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors).   
  2. The lessee hereby irrevocably indemnifies the Indemnified Waverley Trailers (Pty) Ltd Parties and at all times shall keep them indemnified and harmless from and against any and all actions, causes of action, claims, demands, damages, losses, interests, penalties, costs, expenses and compensation of whatsoever kind and howsoever arising which may be instituted or occasioned by any person against any of the Indemnified Waverley Trailers (Pty) Ltd / owner Parties which is in any way associated with or related to any act or omission of the hirer (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the uses of the hired trailer/s or any related acts thereof.

Undertaking by the customers:

  1. The customer shall use the Trailer in a skilful and appropriate manner and shall not speed or overload it. The Trailer, inside the main cargo space or on the luggage racks, has a maximum total load capacity of:
  2. It is suggested that 70% of the weight of the load should be in the front half of cargo space.
  3. The Lessee agrees to carry the spare wheel provided for the Trailer and appropriate tools to change the wheel at all times.
  4. The Lessee acknowledges that the Department of Transport requires safety chains and proper lights. The customer undertakes to comply with all regulations including load capacity of the Trailer and of the towing car.
  5. The Lessee guarantees the owner that he/she and all authorised drivers have the knowledge, skill and ability required regarding the loading and towing of the trailer without incident or accident. The customer undertakes that neither he/she or any authorised driver will load or tow the trailer without the knowledge, skill and ability required fulfilling this guarantee.
  6. The lessee has the responsibility to report any identified or potential faults with the trailer immediately to the Owner and the customer nor any of the authorised drivers should not use the trailer if there are doubts about the trailer’s roadworthiness.
  7. The lessee undertakes that he/she as well as all authorised drivers are competent with (and not limited to): Correctly connecting and disconnecting the trailer coupling hitch. Correctly applying the safety chain connections. correctly applying the trailer light plug connections. Conduct the light operation checks, prior and after use ensure safe load distribution on and off the trailer. Ensuring any load is safely secured during loading/unloading activities, or when parked under tow, correctly securing the jockey wheel when the trailer is both under tow and not undertow, The maximum load rating allowed for this trailer not to operate the trailer with over or under inflated tyres.
  8. Driving on unsealed roads is strongly discouraged by the owner and if the customer drives on unsealed roads they should not exceed 40 km/h.  Any damage caused while driving on unsealed roads such as, but not limited to, body work paint chipping will not be covered by the damage waiver and the customer will be liable for restoration costs, please see Customer’s Liability and Damage Waiver sections for full details.

 Website Terms and Conditions

  1. these terms and conditions govern your use of the Waverley Trailers (Pty) LTD website. By accessing and using this website you demonstrate your acceptance of and agree to be bound by the Terms of Use, including the Privacy Policy. If you do not wish to be bound by these Terms, you may not access, display, use, download, or otherwise copy or distribute any content obtained and/or published on this Website.
  2. Updating of Terms of Use

Waverley Trailers (Pty) LTD may change, modify, add to or remove from portions or the whole of these Terms. Any changes effected to these Terms will become effective when the changes are posted to this Website. Your continued use of this Website following the posting of changes or updates confirms your acceptance of any changed Terms.

  1. Accuracy of Information

While Waverley Trailers (Pty) LTD makes all reasonable efforts to provide information that is accurate, you should not assume that the information provided is always current or entirely accurate or that this Website contains all the relevant information available. The Customer agrees that neither Waverley Trailers (Pty) LTD nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer. The customer’s use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.  It shall be the customer’s own responsibility to ensure that any products, services or information available through this website meet your specific requirements. From time to time this website may also include links to other websites.  These links are provided for your convenience to provide further information.  They do not signify that we endorse the website(s).  Waverley Trailers (Pty) LTD has no responsibility for the content of the linked website(s). All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website. The Customer’s use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of South Africa.

  1. Privacy Policy We at Waverley Trailers (Pty) LTD are committed to ensuring the protection of the privacy of all Users and visitors to our website. This Privacy Policy (hereinafter “this Policy”) describes the ways in which we collect, store, use and protect your personal information. The privacy policy covers Waverley Trailers (Pty) LTD administration of personal, identifiable information that it obtains when you are on our site.
  2. Information Collection and Use The customer may visit this site without disclosing your personal, identifiable information to us. Waverley Trailers (Pty) LTD uses the customer’s personal, identifiable information in order to meet your requests, personalise the advertising and content you see on our pages and contact you regarding information you have shown an interest in.
  3. Information Sharing and Disclosure

Waverley Trailers (Pty) LTD will not sell or disclose the customer’s personally identifiable information to anyone. Waverley Trailers (Pty) LTD will not share personally identifiable information with other entities or individuals unless: we have your express permission to share the information; we need to share your information to fulfil your request; we respond to subpoena’s, court orders or legal process.

  1. Disclaimer and Limitation of Liability users expressly agree that use of the Website or the Internet is entirely at your own risk. This Website and its contents are provided on an “as is” and “as available” basis and Waverley Trailers (Pty) LTD makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the Website, its Content, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of services and/or delivery arrangements and times. Waverley Trailers (Pty) LTD disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services. Waverley Trailers (Pty) LTD does not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components.
  2. Changes to This Privacy Policy
    Waverley Trailers (Pty) LTD may update this policy from time to time, but will always publish the most up-to-date version on our site.

 

 

 

 

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