Rental Terms & Conditions

Standard Trading Terms & Conditions
(Master Rental Agreement)

Introduction, Definitions, and Interpretation

The Company carries on the business of Vehicle rental, as well as full maintenance leasing, all of which are governed by these Trading Terms.

In this Agreement:

Agreement means any agreement for the provision of Services between the Parties, which will always include these Trading Terms and all annexures thereto, whether on physical paper or electronic version, including but not limited to, the Rental Agreement, Credit Application, Quotations, Master Rental Agreement (FML), and such other terms that may be agreed in writing between the Parties.
Trading Terms means these standard trading terms and conditions of the Company, along with any other additional written service requirements to this Agreement by insertion of annexures, addendums, and schedules.
Rental Agreement means the Rental Agreement provided by the Company to the Agent and/or the Renter on rental initiation which outlines details including, but not limited to the Vehicle, Rates, Limitation of Liability, Rental Period and any other critical information relating to the provision of the vehicle rental services.
Company means M7 Investments (Pty) Ltd Registration Number: 2017/510481/07 t/a OnPoint Car Rental, which may trade under alternate brands.
Renter means all the persons whose names appear on the Rental Agreement as Renter, operator of the Vehicle, additional driver and/or driver, which shall include a Client and or Corporate Account Client as set out in the Application for Credit, if applicable and/or any person, at whose request or on whose behalf the Company undertakes any Business or renders any Services.
Corporate Account Client means a legal entity that holds a valid corporate account with the Company and who qualifies for fixed preferential Rental Rates.
Agent means the Person that provides an intermediary service to the Renter and who holds a Pre-Paid and/or Partial Bill Back Account with the Company.
Partial Bill Back Account means separate billing and splitting of applicable charges by the Company between the Agent and the Renter by means of separate tax invoices issued by the Company.
Signature means the physical or electronical signature of the Parties, which will have the legal effect of creating a binding Agreement between the Renter and the Company.
Party/ies means either or both, as the context requires, the Agent, Renter, Renter and the Company.
Services means Vehicle rental, as well as Full Maintenance Leasing provided by the Company in terms of these Trading Terms.
Vehicle means the vehicle as described in the Rental Agreement as being rented with all its keys, tyres, accessories, spares, documents, equipment, and tools, in and on the Vehicle when the Renter takes delivery of the vehicle and includes any replacement vehicle provided the Company for any reason whatsoever.
Rental Period means the period during which any Vehicle is rented to the Renter, being the period between the date when the Vehicle is delivered to the Renter and the Termination date and the time as specified on the Rental Agreement or if such period is extended, the time and date entered on the Company’s records;
Commencement Date means the date on which the Renter takes delivery of the Vehicle.
Delivery means the instance when the Renter or his representative takes possession of the keys and/or the Vehicle.
Termination date means the date reflected in the Rental Agreement upon which the Vehicle must be returned to the Company, alternatively any extended date when the Vehicle needs to be returned to the Company as subsequently agreed upon by and between the parties and so reflected on the Company’s records;
Extension of Rental Period means any extension to the Rental Period, beyond the return date as stated on The Rental Agreement. and if such an extension of the rental period has been authorised by The Company in writing.
Anticipated Date of Return means the date of return of the Vehicle to the Company as agreed in the initial Rental Agreement or otherwise in writing.
Down Time/Standing Time means the moment a Vehicle becomes unavailable for use due to damage, theft, hi-jacking or abuse of the Vehicle, until such time as the Vehicle becomes available for rental again, or the Renter or relevant Insurer has settled the insurance claim.
Legal Requirement means any law, by-law, regulation, ordinance, licence, approval, permit, consent, regulation or requirement, or any relevant authority of the Republic of South Africa.
Application means the Renter Application Form in the form specified by the Company from time to time.
Rates means the Rates charged by the Company for the Services as agreed in the Rental Quotation / Proposal, Rental Agreement in accordance with these Trading Terms.
Holding Deposit means a deposit paid by The Renter and held by The Company on the Commencement Date for all additional costs incurred whilst renting the Vehicle. The holding deposit amount may differ based on the type of vehicle within a particular group or class.
Excess Liability Amount: means the amount that the Renter is liable to pay to the Company for damage/ loss, payable per incident based on the Damage and Theft Loss Waiver as it appears on the face of the Rental Agreement and subject to terms and conditions of this Agreement.
Damages means any and all damages suffered by the Company, including the actual expenditure incurred in towing, transporting and/or storing the Vehicle, repairing any damage, replacing of parts and/or accessories (without allowing for depreciation), payments made to an expert to inspect collision damage and report thereon, or any other damages, costs or expenses incurred by the Company of whatsoever nature and includes total loss where applicable.
Total Loss in relation to a Vehicle means damages where the estimated cost of repairs is such that the Vehicle is, in the sole discretion of the Company, uneconomical to repair (written off) or when the vehicle is stolen or hi-jacked.
Auto Dealers Guide means the Mead & Grouther’s publication or similar publication, which includes, the recommended selling prices of motor vehicles.
Waiver means a reduction of the Renter’s liability in the event of an accident, theft, and/or loss of a Vehicle. Note that a Waiver is not insurance. It is a legal, compulsory agreement between the Company and the Renter which limits the amount that a Renter must pay in respect of a claim against the Renter in the event of loss of the Vehicle, damage relating to an accident, and theft.
Standard Waiver Cover means a reduction of the Renter’s liability in the event of an accident, theft, and/or loss of a Vehicle at a specified additional charge.

Any reference in these Trading Terms to:

“Clause” is, subject to any contrary indication, construed as a reference to a clause of this Agreement.
“in writing/written” includes by letter, e-mail, SMS, WhatsApp and or any form of electronic communication.
“Person” is construed as a reference to any natural person, juristic person, firm, the Company, corporation, government, state, agency or organ of state, association, trust or partnership (whether or not having separate legal entities).
“POPI Act” means the Protection of Personal Information Act, 4 of 2013.
“CPA” means the Consumer Protection Act, 2008.
“NCA” means the National Credit Act 34 of 2005.
“CIPC” means the Companies and Intellectual Property Commission.
“SAPS” means the South African Police Service.

The headings do not govern or affect the interpretation of these Trading Terms.
If any provision in a definition confers rights, or imposes obligations on any Party, effect is given to it as a substantive provision of these Trading Terms.
Unless the contract indicates otherwise an expression which denotes any gender includes both the others; reference to a natural person includes a juristic person; the singular includes the plural, and the plural includes the singular.
The words “including” and “in particular” are without limitation.
Any reference to legislation means the governing laws and regulations of the Republic of South Africa, as amended or replaced from time to time.
A reference to a Party includes that Party’s successors-in-title and permitted assigns.
The rule of interpretation that, in the event of ambiguity, the contract must be interpreted against the party responsible for the drafting of the contract does not apply.
The termination of these Trading Terms does not affect those of its provisions which expressly provide that they will operate after termination, or which must continue to have effect after termination, or which must by implication continue to have effect after termination.

Application of these Trading Terms

All Business is undertaken by the Company subject to these Trading Terms along with any other additional written service requirements to this Agreement by insertion of annexures, addendums, and schedules.ad hoc written agreement as provided for in 1.2(a).

The Company will provide the Services only on the basis set out in these Trading Terms and other terms as agreed in writing between the Parties.

Unless the Parties agree in writing specifically to the contrary, these Trading Terms shall prevail in the event of the Renter itself having standard trading conditions, even if the latter conditions are specifically incorporated as part of these Trading Terms by means of an accepted purchase order or otherwise.

Any amendment, alteration, addition, variation by the Renter of these Trading Terms before its signature hereof, must be brought under the attention of the Company, and will not be of any force or effect unless reduced to writing and signed by the Parties. Only directors or individuals authorised or ratified by the shareholders of the Company are authorised to alter, amend, or vary these Trading Terms.

The Company is entitled to amend these Trading Terms and to publish supplementary terms and conditions, which amendments and supplements shall take effect 30 days from the date on which publication has been made unless otherwise specified by the Company. As and when any amendment or supplement is made it shall be published on the Company’s website. Whilst the Company will take reasonable steps to publicise amendments by an indication to that effect on its e-mail correspondence and/or on its website, its failure to do so shall not in any way prevent the amendment or supplement to take effect.

3 The Services

The Services provided by the Company will include, wherever reasonably possible and agreed in writing between the Parties:

1. 1. Vehicle Rental including all ancillary provisions including but not limited to, limitation of liability, tracking etc. which will be made available to Renters who have existing credit facilities with the Company as well as to Renters who may in instances pay cash up front with the Company.
  2. Full Maintenance Leasing.
  3. Any other service requirements as mutually agreed between the Parties and reduced to writing.

The Parties specifically agree that the Company is entitled to suspend or refrain from providing the Services where doing so would pose a material risk of death or injury to any person or damage to property.

Wherever it is necessary for instructions to be given to the Company, the Renter will provide those instructions timeously and in writing. In the absence of specific instructions as to the performance of the Services, the Company is entitled, without prejudice to any of its rights, to take any steps or refrain from taking any steps it deems fit, in its sole opinion.
If at any stage during the provision of any Service the Company consider that there is good reason, and in the interest of the Renter reject any of the Renter’s instructions or request, the Company shall be permitted to do so, at the Renter’s cost, and without incurring any additional liability.
The Company reserves the right, at its sole and absolute discretion and without obligation to provide reasons, to reject any Renter’s application to rent a Vehicle or accept any method of payment and The Renter shall have no recourse against The Company as a result thereof.

4 Proposal and Quotations

1. Any proposal, quotations, estimates, or rate schedules provided by the Company shall only be open for acceptance for a period of 7 days from the date of the Proposal or unless a validity date has been otherwise specified on the quotation / proposal, or as agreed between the Parties.

The quotation may be supplied either in hard copy or electronic format and will include certain terms of inclusions and exclusions relating to various charges including, but not limited to rental days, rental KM, Excess Liability Amount, KM charges, insurance, Excess Liability Amount, tyres, traffic fines, tracking, delivery and collection fees, document fees, tolls and e-tolls and certain other fees such as recovery fees in the event of an accident, theft or hi-jacking, or non-payment.

1. Certain quotations may have escalations included relating to various charging items listed in 4.2 above and those escalations will be applicable as may be termed. The rates for short-term Vehicle rental will be adjusted and escalated annually in or about March/April of that specific year and such must be mutually agreed upon in writing within a 30-day period. Should the Company be unable to obtain a signature (s) from the Renter to give effect to above changes, the Company will apply the rate increase unilaterally and payment of an invoice based on the new rate will be deemed to be acceptance of the rate escalation by the Renter as per the amended quotation.

The terms and conditions in a quotation do not supersede these Terms and Conditions but rather acts in addition to it.

Rates

Subject to clause 4, the Company will charge the rates set out in the Proposal and Initial Rental Agreement. Rates are payable for each day of the Rental for the full Rental Period and the Renter agrees to pay the Company the rental rates plus all other charges and fees opted for or utilised by the Renter up and until the Vehicle is returned, including but not limited to miscellaneous charges which may include the following but are not limited to: Administration fees, Call out fees, Recovery fees, Downtime charges etc.

Any additional service that the Company is obliged or entitled to provide that has not been quoted for or not referred to in the Proposal or Rental Agreement shall be charged at the Company’s usual rate or, if it has no usual rate, at a reasonable rate.

Details of rates and charges agreed between the Parties are confidential and may not be disclosed to any third parties without the prior written consent of the Company.

In the event of any Rental Agreement being terminated prior to the Anticipated Date of Return, without limiting any other provision of this Agreement, the Company reserves the right to change the Rates to the Rates that would have been applicable to the shorter period.
The Rates do not, unless otherwise specified in writing, include any additional costs incurred by the Company in carrying out the Services. Such costs shall be charged to the Renter, including but not limited to Vehicle damages, down time, make good costs, and towing and recovery charges in the event of theft/hijacking or accident including tracking device replacement and Vehicle relicensing fees.
Any mileage travelled in limited liability of the kilometres stipulated in the Rental Agreement will be charged at the rate indicated in the Rental Agreement, which shall be payable by the Renter on demand.
Notwithstanding any other provisions of this clause 5, the Renter is responsible for the timeous payment of all traffic fines, toll and e-toll costs incurred in respect of any rented or leased Vehicle during the Rental Period. Should the rental be long-term in nature, the Renter may elect to provide the ID number of the driver in order for the company to automatically redirect fines.

Payment Terms

The Renter shall pay the Rates to the Company in accordance with the payment terms agreed in the Quote and Rental Agreement. Failing agreement, all Rates must be paid in advance prior to delivery of the Vehicle and in accordance with these Trading Terms.

All charges contemplated in clauses 5.5 to 5.7 (both inclusive) must be paid to the Company without deductions, on presentation of an invoice from the Company.

In the event of failure to make payment on or before the due date, the Prescribed Prevailing Rate of Interest Act, 1975 as amended shall apply on the full outstanding amount(s), including admin fees applicable.

The Company is entitled, without prejudice to any of its rights, and without incurring any additional liability, to suspend or refuse to provide Services, while any amount due and payable to the Company remains outstanding.

The Renter is not entitled to withhold or defer payment pending resolution of any claim, dispute or counterclaim and may not set off any amounts against the amount charged by the Company in any circumstances.

Should the Renter rent a Vehicle through the Company’s website services, the following conditions will apply in addition to clauses 6.1 to 6.5 (both inclusive):

Website services are provided strictly on a cash basis, and Vehicles will only be released to the Renter once payment reflects in the Company’s bank account. Process of website refunds or any other method of payment from the renter will be processed and credited back to your original payment method within 48 to 72
The Company reserves the right to charge a holding deposit to the Renter which will be fully redeemable once the Vehicle is returned in accordance with these Trading Terms.
The Company reserves the right to retain the holding deposit should any conditions of the Trading Terms be breached or where any additional costs have been incurred by the Company in carrying out the Services set out in these Trading Terms. Should the holding deposit be insufficient to cover the costs, the Renter will be required to make payment to the Company immediately on presentation of an invoice.
The Company reserves the right to take payment from the Renter’s credit card within 5 days of presentation of the invoice should the Renter fail to make payment on request.
Any inclusions and exclusions stated on the pro-forma invoice are deemed to be correct and binding. Additional charges incurred from the exclusions will be passed onto the Renter and shall be disclosed to the Renter at such time as the Company becomes aware of such charges.
The Company cannot be held liable for any refunds made into the incorrect bank account if the Renter supplies such incorrect information.
The Company reserves the right to charge a reasonable cancellation fee if the Renter cancels the rental for whatever reason.

Delivery of the Vehicle to the Renter

The place of delivery of the Vehicle to the Renter will be agreed by the Renter and the Company in writing.

The Company will use all reasonable endeavours to deliver the Vehicle to the Renter on the date and at the time as agreed by both parties in writing but does not guarantee timeous delivery. The Company will not be liable for any cost, loss, liability, damage (direct or indirect) or claim arising out of or in connection with late delivery of the Vehicle.

The Vehicle is deemed to be delivered to the Renter when the Vehicle and/or the Vehicle key is handed over to the Renter or a Representative of the Renter.

The Renter is given the opportunity to and must undertake a thorough inspection of the Vehicle on delivery together with the Company’ representative in terms of clause 7. Any defect in the Vehicle must be immediately reported to the Company by endorsing the Vehicle check list/ Rental Agreement to that effect. Failing such endorsement, the Vehicle is deemed to:

Be delivered in good order and condition, including but not limited to being in a roadworthy condition.

Be delivered with no damage to paintwork and/or upholstery.

Be delivered with the Tracking Odometer reading set out in the Vehicle check list / Rental Agreement.

Have all accessories and appurtenances in good working order and condition.

Be provided with a spare wheel, jack, tools and triangles, all in good working order and condition.

Return of the Vehicle

On the Anticipated Date of Return, the Renter must, at its own cost:

Immediately discontinue use of the Vehicle, other than is required to comply with clause 8.

Return the Vehicle to the Company’s premises, unless the Company has agreed in writing to collect the Vehicle from another agreed point.

Return the Vehicle in the same good order and condition as it was in when delivered to the Renter, fair wear and tear excepted, being at least in proper running order and a roadworthy condition.

Ensure that the Vehicle is inspected by, and the Vehicle is returned to an authorised representative of the Company.

Ensure that the Vehicle is parked in the reserved parking, is properly secured, and

Ensure that the return of the Vehicle is accepted in writing by an authorised representative of the Company, who confirms compliance with all of the requirements of this clause in writing.

The Renter will be charged for the kilometres travelled to and from the Renter and the Company’s premises in the event of the Vehicle being collected. Collection will be upon request of the Renter or in the event of unpaid Rates.

The Renter will be charged Down Time at the applicable Rate for the entire period until the deemed return of the Vehicle, regardless of whether the Renter is able to use the Vehicle or not, following:

Damage to the Vehicle which requires repairs beyond the Anticipated Date of Return. The Vehicle is deemed returned to the Company after all damage has been repaired.

Total loss of the Vehicle. The Vehicle is deemed returned on payment of the full proceeds by the Renter and/or relevant insurer to the Company.

Until such time as the Vehicle’s return has been accepted in terms of clause 8.1 (f) or deemed returned in terms of clause 8.3(a), risk of loss or damage to the Vehicle remains with the Renter.

Should the Vehicle not be returned on the agreed date and at the agreed time, the Vehicle may be reported as stolen to the relevant authorities, and any costs incurred by the Company as a result thereof will be charged in full to the Renter.

The Company reserves the right to cancel any Agreement on reasonable notice to the Renter at any stage. In the event of such cancellation the kilometres travelled will be calculated in accordance with clause 10 and the Rates payable by the Renter will be the Rates applicable to the period from delivery of the Vehicle to the date of cancellation by the Company. The Renter is obliged to pay the applicable Rates in accordance with the terms stipulated on the invoice or statement issued by the Company.

Driver of the Vehicle

Unless otherwise agreed in writing, the Vehicle will only be used when the vehicle is driven by a qualified driver appointed by the Renter where he/she complies with the provisions of these Trading Terms.

The Renter is liable for the acts and omissions of the driver for the full Rental Period. The Company is not liable for any cost, expense, loss, liability, or claim arising from any acts or omissions of the driver and the Renter indemnifies the Company against claims arising from or in connection with the conduct of the driver during the Rental Period.
The Renter must provide the Company with all driver(s) details, including addition or change in driver(s), and warrants that the driver(s) will:

Be at least 21 years old.
Be licensed to drive the Vehicle in South Africa and such licenses will be free of any endorsements.
Have a Professional Driver’s Permit (PDP) where relevant, free of any endorsements, valid for at least three months post the Anticipated Return Date.
Be familiar and comply with all applicable Legislation Requirements, including without limitation the Road Traffic Act and Regulations, and all regulations and requirements pertaining to the transport of dangerous goods.
Will not carry, consume or be under the influence of alcohol or any illegal substance whilst driving the Vehicle(s). If tested, the driver is to have a zero-blood alcohol level.
Report any accidents in terms of these Trading Terms regardless of whether or not the Vehicle has sustained damages.

Vehicle Tracking Odometer

The reading on the Vehicles Tracking Odometer is deemed accurate unless otherwise provided by the party alleging it is not accurate.

The difference between the Tracking Odometer reading recorded by the Company upon delivery of the Vehicle in terms clause 7 and the reading recorded by the Company upon return of the Vehicle in clause 8 is prima facie proof of the distance covered during the Rental Period, provided that:

Should the Tracking Odometer cease to operate efficiently through mechanical fault or breakdown, the Renter must immediately report the defect to the Company with full particulars on the use to which the Vehicle has been put during the Rental Period. The distance covered shall, subject to clauses 10.2 (b) and (c), then be determined by the Company in accordance with its tracking devices and its decision will be final and binding.

Should the Tracking Odometer cease to operate efficiently for any reason or found to be damaged, disconnected or tampered with or worked on, the distance covered is deemed to be 500km per day for the duration of the Rental Period unless the contrary can be proved by the Renter on a balance of probabilities.

Should the Vehicle be stolen, involved in an accident or should any other circumstances prevent an accurate reading of the Tracking Odometer the deemed daily distance of 500km will apply, unless the contrary can be proved by the Renter on a balance of probabilities.

General duties of the Renter

11.1 The Renter agrees:

a) Not to neglect, abuse or damage the Vehicle or modify, tamper with or remove any of its components.
b) Not to allow an unauthorised driver to drive the Vehicle.
c) To adhere to all applicable Legal Requirements and undertakes not to transport goods in violation of any customs laws or in any other illegal

manner and to use the Vehicle and Rental Extras in a careful, lawful manner and for its intended purpose only and, where applicable, subject to separate terms and conditions of use.

d) Not to convey cargo or other material that could cause damage to the upholstery, load body or other parts of the Vehicle.
e) Not to convey any dangerous or hazardous goods in the Vehicle without the Company’s prior written consent, and in contravention of any laws

and regulations relating to the type of goods being transported, including but not limited applicable signage relating to the transported goods.

f) To whenever possible avert the risk of danger to the Vehicle or other Vehicles or road users.
g) Not to overload the Vehicle or drive the Vehicle recklessly, negligently or without reasonable due care and skill.
h) Not to allow the Vehicle to enter into or remain in an area:
i) Of unrest or any area which poses a reasonable risk that the Vehicle could be damaged through civil unrest, social or economic protest or similar (including any action taken by an authority in order to control or suppress the unrest).
ii) Which the reasonable person would not regard as safe, and which poses a reasonable threat that the Vehicle could be stolen or become the subject of crime.
i) Not to contravene the terms and conditions of any applicable insurance policy or risk retention conditions or in any way prejudice any applicable insurance cover.
j) To take all reasonable precautions to keep the Vehicle safe from theft, loss or damage of any nature and will ensure that the Vehicle is not abandoned under any circumstances.
k) To allow a representative of the Company to inspect the Vehicle(s) at all reasonable times.
l) To immediately disclose to the Company the Vehicle(s) location, Tracking Odometer reading and the state of the Vehicle(s) on written request to do so.
m) Whenever the Vehicle is left parked or unattended, to ensure that it is secure.
n) To always keep the Vehicle keys under his direct control.
o) At the intervals specified in the Rental Agreement and Quote or at least every 30 days from the date of delivery of the Vehicle to the Renter, to return the Vehicle to the Company or where agreed by the Company in writing, to satisfy the Company that the service has been performed. If the service is affected at the instance of the Renter at a garage other than that of the Company, the cost of the service and material used in connection therewith are for the Renter’s account, unless otherwise agreed in writing by the Company.
p) Not to speed or drive recklessly and to always consider prevailing road and traffic conditions under all circumstances.
q) To ensure that the Vehicle does not cross international borders without the Company’s prior written consent and if such consent is provided, to ensure that all cross-border permits are obtained, and other Legal Requirements complied with.
r) To provide consent, if the Renter retains insurance on the Vehicle to cover any loss, damages, errors or omissions, to having such insurance information shared with third parties in the event of a claim. The information will be distributed within the POPI Act 2013 parameters.

Consent regarding the processing of Personal Information

By signing the Rental Agreement, the Renter consents to –

12.1 the processing and further processing of his personal information by the Company or any of its operators or agents on the condition that they will secure the integrity and confidentiality of the Renter’s personal information. The Renter further accepts that processing may involve the information being transferred to and maintained or stored on servers located outside the Republic of South Africa;

12.2 the collection of information by the Company from any other source to confirm and supplement the personal information which the Company has about the Renter;

12.3 the retention by the Company of records of the Renter’s personal information for as long as permitted for legal, regulatory, fraud prevention, financial crime and marketing purposes;

12.4 the Company conducting credit enquiries about the Renter with any credit bureau or credit provider from time to time and providing the Renter’s personal information, including details of any non-compliance and the manner in which it conducts its account, to credit risk management services, Company reserves the rights to reject any rental or rental application to rent a vehicle, If the renter doesn’t align with the specific scoring criteria held by the company;

12.5 the Company to make use of the Renter’s personal information provided to the Company for purposes of tracking and recovering (which includes triangulation of cellular phones in accordance to the RICA Act 70 of 2002) in the event that the Vehicle if it is not returned to the Company at the end of the Rental Period;

the Company its operators and/or agents, tracking the Vehicle for purposes of monitoring the Renter’s use of the Vehicle and recovering the Vehicle and the Company disclosing the tracking report to its insurance company, the Renter’s employer (if the employer is responsible for payment) and any other third party having a legitimate interest;

13 Sub-Contracting

13.1 The Company is entitled to sub-contract any or all of the Services without the consent of the Renter.

13.2 When sub-contracting, the Company acts as an agent for and on behalf of the Renter. Where the Company acts as an agent for and on behalf of the Renter:

Any contract concluded with a third party is concluded between the Renter and the third party; and

Unless otherwise agreed in writing, the Company is entitled and authorised to enter into any such contract subject to such terms and conditions as the third party may stipulate on behalf of the Renter.

13.3 The Renter is not allowed to sub-rent the Vehicle to any third-party without the prior written consent of the Company.

Legal Requirements

14.1 The Company shall be excused from performing Services if any Legal Requirement required for it to do so is revoked, terminated, not issued or not renewed for any reason whatsoever or the execution thereof would contravene any Legal Requirement.

14.2 The Company, by complying with any Legal Requirements shall not be deemed to waive or abandon in any rights in terms of these Trading Terms and shall not be deemed to have assumed any obligation, onus, responsibility, or liability in favour of the Renter or any other party.

Ownership and Lien

15.1 Ownership of the Vehicle will at all times remain with the Company and nothing in this Agreement should be interpreted as a transfer of ownership to the Renter. The Renter is entitled to possession and use of the Vehicle until the Anticipated Date of Return, only as set out in these Trading Terms and as agreed, and these rights will in no circumstances extend beyond the Anticipated Date of Return unless otherwise agreed by the Company in writing.

15.2 During the Rental Period, the Vehicle must remain in the possession and control of the Renter at all times.

15.3 The Renter must ensure that the Vehicle remains free of any lien, pledge or other encumbrance and is not entitled to affect any lien, pledge or other encumbrance over the Vehicle for the duration of the Rental Period.

No Warranties, representations or guarantees by the Company

16.1 Unless specifically agreed to and signed by a director of the Company, the Company gives no warranties or representations in relation to the Services and all warranties whether express, implied or in terms of common law or otherwise are excluded.

Accidents, Hi-jacking, Theft, Damage to Vehicles

17.1 In the event of an incident accident or loss in respect of the Vehicle, the following procedure must be followed:

The Company must be notified of the incident as soon as reasonably possible after becoming aware of the incident, but in any event no later than 24 hours after the occurrence of an accident, or immediately after the Renter becomes aware of theft or hi-jacking of the Vehicle.

Within 24 hours of reporting of the incident, a detailed written report containing the extent of and circumstances relating to the incident must be lodged with the Company, which report must include the following documents:

i) A copy of the driver’s licence of the person who was driving the Vehicle at the time of the accident.
ii) A copy of the driver’s personal professional driving permit, if applicable.

iii) A copy of the SAPS report and case number.

iv) An incident report reasonably acceptable to the Company.
v) Clear photographs of the Vehicle and/or place and/or surroundings in which the incident occurred.

In addition to the above, the Renter agrees to furnish all further assistance reasonably required by the Company and to respond to any requests for details, information or documents as soon as reasonably possible after the request, but in any event not later than 3 Business Days after the request by the Company.
The Renter must make adequate provision for the safety and security of the Vehicle and will ensure that the Vehicle is not abandoned under any circumstances.
The Renter must co-operate with the Company in the investigation, the instituting of any claims or the defence of any prosecution, claim or action relating to the incident (including without limitation attesting to any affidavit or providing evidence where reasonably requested to do so).

17.2 The Renter is liable to pay the Company the full damage and ancillary costs (including, without limitation the replacement cost of the Vehicle and all extra costs) and Down Time incurred in the event of the Vehicle:

Being involved in a collision or incurring mechanical damage.
Becoming a Total Loss.
Being damaged beyond repair or otherwise not being capable of use.
Being subject to fire, theft, hijacking, or other disaster.

17.3 In the event that any repairs, alterations, improvements, or maintenance of any electric or mechanical nature are required:

As a result of fair wear and tear, repairs will be carried out at the sole discretion of the Company at the Company’s cost.
As a result of any other cause whatsoever, including accident or otherwise, the costs will be borne by the Renter subject to the provisions of clause 19 below relating to Waiver options and Excess Liability Amount.

17.4 All repairs and maintenance must be made at the instance of the Company by approved suppliers. Where repairs and maintenance become apparent in terms of clause 16.3(b) after return of the Vehicle, the Company is entitled to forthwith immediately cause the repairs to be carried out and to charge the Renter the costs thereof including without limitation losses suffered because of Down Time and use of the Vehicle.

The Company reserves the right to apply a reasonable surcharge on all servicing, breakdowns, and callouts in outlying areas.

Renter Liability for Loss of or Damage to the Vehicle

18.1 The Renter is liable for:

All damages to or loss of the Vehicle from the time the Vehicle is delivered or deemed delivered to the Renter in terms of clause 7 until its return to the Company has been accepted by or deemed returned the Company in terms of clause 8, subject to clause 19.

Damage to Tyres.

Damage to the Windscreen.

Lost or damaged Keys.

Any loss or life, injury or harm suffered by any person travelling in a Vehicle or is harmed as a result of the use of the Vehicle during the Rental Period, whether or not such person is authorised to travel in the Vehicle.

Insurance and Waivers

19.1 No Vehicle will be released to the Renter without sufficient Vehicle insurance cover in place.

a) The Renter needs to provide the Company with written confirmation from the Insurer that the Vehicle(s) is/are comprehensively insured for Retail price or alternatively the New List price whichever is applicable plus the replacement value of the extras.
b) In the event of a Total Loss the amount of the total loss will be the Retail value as reflected in the Auto Dealers Guide or if not reflected therein, the price of a new Vehicle if the loss occurred in the same year of first registration of the Vehicle, as supplied by the manufacturer, as at the date of loss, plus extras less any salvage;

19.2 In the event that the Company agrees (in writing) that the Renter will insure the Vehicle for the Rental Period, the Renter shall:

a) Ensure that comprehensive cover is in place, sufficient to cover loss of or damage to the Vehicle and/or any Third-Party property to the reasonable satisfaction of the Company.
b) Provide the Company with a copy of the policy and proof that all premiums have been paid in full.
c) Ensure that the policy remains valid and enforceable at all times.
d) Be liable for any applicable excess liability amount payable in terms of the Renter’s policy.
e) Remain liable for any additional costs not otherwise covered by the Renter’s insurance arrangement.
f) Remain liable to the Company for the full cost of repair or replacement of the Vehicle in the event of loss of or damage to the Vehicle during the Rental Period should the Renter’s insurer not settle all or part of a claim.

19.3 The Company reserves the right to procure an insurance arrangement to cover its own risk in its name and at its sole discretion.

19.4 The Company in its sole and absolute discretion, reserve the right to offer a Standard Cover Waiver to the Renter.

19.5 In the event that the Renter accepts the Standard Cover Waiver and/or the Company insures the Vehicle for the Rental Period in terms of an insurance arrangement,

a) Unless otherwise agreed by the Parties, the Company will, for an additional charge to be added to the Rates such as the Standard Cover Waiver charge and Excess Liability Amount.
b) Irrespective whether the Company has been indemnified by its insurer pursuant to a claim under such arrangement, the Renter’s liability will be limited to:
i) the Excess Liability Amount set out in the Rental Agreement as well as all ancillary charges not otherwise covered in terms of the Company’s insurance arrangement, including but not limited to towing and storage fees, Vehicle recovery fees, loss of or damage to tracking devices, Vehicle re-licensing fees, mechanical failure(s), damage as a result of wear and tear or normal application of the Vehicle, and driver abuse.
ii) damage(s) amounting to less than the Excess Liability Amount payable by the Renter, including windscreen, tyres, rims, and tools.
c) The following exclusions apply, and the Renter will be held liable for the full cost of the damages or loss under the following circumstances:
i) where the Renter acted in breach of these Trading Terms, Insurance Conditions, or the Rental Agreement.
ii) where the Renter acted in a gross negligent manner or acted with wilful and intentional misconduct (including, but not limited to, excessive speeding).

iii) where the collision and/or loss of the Vehicle was not reported as required in terms of clause 17.1 above.

iv) where a non-designated or unauthorised driver was driving the vehicle when the loss and/or damage occurred.
v) where the damage or total loss occurred while the Vehicle was driven by an unlicensed driver.
vi) where the Vehicle was driven in or to a country and/or area, for which prior written approval was not obtained from the Company.

vii) where the damage/loss occurred after the rental period expired and an extension of the Rental Agreement was not authorised by the Company.

viii) where the damage or total loss occurred while the vehicle was driven or used in a manner that prejudiced the Company’s interests or rights in the sole discretion of the Company.

ix) where the vehicle was being driven by a person who was intoxicated or under the influence of alcohol, narcotic drugs, or similar
x) where the damage or total loss occurred while the Vehicle was being driven on a road or under conditions that was not suitable for the vehicle as determined in the sole and reasonable discretion of the Company.
xi) damage to undercarriage.

xii) damage caused by water.

xiii) damage to Tyres

xiv) damage to Windscreen

d) Subject to the provisions of Clause 9.3, the Renter will be liable for double the Excess Liability Amount under the following circumstances.
i) in the case of a total loss.
ii) damages or loss caused due to single vehicle accidents.

iii) damages or loss caused where the renter was driving at a speed exceeding the applicable speed limit.

e) The Excess Liability Amount will be set out in the Quote and Rental Agreement and, unless otherwise agreed in writing between the Parties, is payable together with the Rate regardless of whether there is in fact any loss or damage to the Vehicle.
f) The payment of the Excess Liability Amount shall not be construed as a waiver of the Company’s claim.
g) Should any claim made by the Company against its insurers not be paid or not be paid in full by the Company’s insurers, the Renter remains liable for the full cost or any shortfall of the claim.
h) It is specifically agreed that the Company does not take out any insurance cover on behalf of the Renter or in the Renter’s name. The Company reserves the right to insure its own risk and interests in the Vehicle(s). The Company does not collect insurance premiums from the Renter, nor does it purport to provide the Renter with any advice relating to insurance.
i) Notwithstanding anything in this agreement, the Company and/or its Insurer shall not be obliged to make, institute or proceed with any claim which the Company may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the Vehicle and accordingly, the Company shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
j) The Renter and/or its driver shall not admit any responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability.
k) The Renter shall co-operate with the Company and its insurer in the investigation, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to the incident (including the making of an affidavit if he is requested to do so).

19.6 The Company does not take out insurance for:

Goods in Transit or goods bonded, carried, or otherwise stowed on or in the Vehicle from time to time.
Passenger Liability.
Any Vehicles other than the Company’s Vehicle.
Third-Party damages
Injury or loss of life of any person.
Personal Accident insurance.
Tyre damage.
Windscreen damage.
Hail damage.
Damage to upholstery and/or carpets.

19.7 The Renter agrees and confirms that, irrespective of whoever is the cause of any collision, loss and/or damages, no third-party cover whatsoever will be provided by the Company. Any claim for damages by a third party received by the Company will be redirected to the Renter.

Limitation of Liability against the Company

20.1 The Company shall not be liable for any cost, expense, demurrage, claim, liability, loss, or damage unless:

The Renter establishes that such loss or damage was caused by breach of these Trading Terms or the gross negligence of the Company, or any person for whose acts or omissions the Company is in law responsible; or

The Company is liable in terms of section 61 of the CPA, if applicable, but subject always at the exceptions set out in that section.

20.2 The burden of proving the Company’s negligence shall, always rest upon the Renter or such other party alleging it.

20.3 Subject to clause 19.1(b) and then only to the extent required by section 61 of the CPA, the Company will not be liable for any consequential or indirect damages or loss of profits of the Renter or any third party, regardless of the cause.

20.4 To the extent allowed by the CPA (where applicable) and without limiting any other provisions of these Trading Terms, the Company shall not be liable under any circumstances for claims arising from or in any way connected with:

An act or omission of the Renter or any person acting on its behalf, including any incorrect, incomplete, or misleading instructions.
The malfunction of the Vehicle.
Any injury or death of the driver and/or passengers of the Vehicle, occupant of the Vehicle of any third party arising out of or in connection with use of the Vehicle.
Any claims by any regulatory or governmental authority, including without limitation fines, penalties, levies, or other similar costs.
The way the Vehicle is driven during the Rental Period or the operation of the Vehicle during the Rental Period, regardless of whether the driver is appointed by the Renter or the Company.
The Company complying with instructions given by or on behalf of the Renter.
The Company complying with any Legal Requirement.
The breakdown or failure of any handling equipment of the Company, provided that the Company has complied with such testing and maintenance standards for the equipment as is customary in the Company’s business.
Any non-compliance with the Legal Requirements by the Renter.
Any cause contemplated in clause 23.

20.5 Without limiting any other provision of these Trading Terms, and to the extent allowed by the CPA, the Company’s liability for any cost, expense, loss (including loss of life, injury and/or damage to or loss of property), liability, damage, whether direct or indirect, arising out of connection with the Services and/or these Trading Terms will in no circumstances exceed R500 000.00 (Five Hundred Thousand Rand) in respect of any one instance or R1 000 000.00 in respect of any number of instances in one calendar year.

The company is not obliged to replace any Vehicle that has been damaged, stolen or rendered unfit for use.

General Indemnities and Warranties by the Renter

21.1 The Renter shall defend, indemnify, and hold the Company harmless against all loss (including loss of life, injury and loss or damage to property), damage (direct and indirect), liability, costs (included but not limited to all legal costs on an attorney and own Renter scale), expenses or claims (whether by the Renter or any third party) whatsoever arising from:

Any breach of warranty or obligation by the Renter.
Any negligence (of any degree) on the part of the Renter or any person acting on its behalf.
Any act or omission of the Renter or any person acting on its behalf.
The Company complying with the instructions given by or on behalf of the Renter.
The Company complying with the Legal Requirements.
Any advice or information given by the Company and passed on to any third party without the Company’s prior written consent.
Any information provided by the Renter being inaccurate, incomplete or out of date; and
Any cost, expense, loss, liability, damage or claim subject to the provisions of Clause 18:
Limited liability of the Company’s limits of liability contemplated in these Trading Terms; and/or
For which the Company has executed liability in terms of clauses 16,17, 18, or otherwise in terms of these Trading Terms.
The Renter warrants that all information provided to the Company from time to time is accurate, true, correct, and current.

Force majeure

22.1 To the extent that it becomes impossible for either Party to perform any obligation (other than a payment obligation) in terms of these Trading Terms or any transaction entered into by the Parties because of an event or circumstance that was neither foreseeable nor reasonably foreseeable when these Trading Terms or any transaction between the Parties was entered into or which could not be guarded against or avoided by reasonable care (including strikes, lock outs, acts of God, fire, war or warlike acts, civil insurrection, government interference or restrictions, overburdening of any port, storm, adverse weather conditions, embargo, boycott, government intervention, machinery breakdown, imposition, or restrictions of embargo on imports or exports, pandemics, epidemics or any circumstances beyond the control of the Company), the Party may:

Notify the other Party of the nature, effect, extent and likely duration of the event or circumstance and keep the other party updated as may reasonably be required by that other Party; and
Resume performance of its obligations when performance becomes possible.

22.2 Notwithstanding the provisions of clause 21.1., a labour dispute, strike or lockout which could not be resolved by the affected party acceding to the demands made of it shall, be deemed to be an event of force majeure.

22.3 Performance of such obligation is suspended for as long as the event or circumstance continues to make performance impossible, and the Party prevented from performing is not liable for any added expense, loss, damage or liability arising out of or in connection with its inability to perform.

22.4 If the event or circumstance endures for a period longer than 30 days, either Party is entitled to cancel the affected Services.

Domicilium

23.1 All notice in terms of these Trading Terms shall be given in writing and delivered by letter or sent via e-mail.

23.2 Any notice served by the Company:

By e-mail shall be deemed delivered on the same day sent to the Renter’s e-mail address set out in the Initial Rental Agreement or otherwise provided to the Company in writing.
By hand delivery or posted letter shall be deemed delivered on the seventh day after it was sent to the Renter’s address set out in the Initial Rental Agreement or otherwise provided to the Company in writing.

23.3 The Renter appoints as its domicilium citandi et executandi for all purposes under these Trading Terms its physical address set out in the Initial Rental Agreement or otherwise provided to the Company in writing.

23.4 Despite this clause 21 any notice or document actually received by the Renter is sufficient notice for the purpose of these Trading Terms.

23.5 In the event that legal proceedings are instituted against the Renter, and the Renter is not found or present at its chosen domicilium or had failed to notify the Company or a change in its domicilium address, it authorises the Company to serve notices and legal processes in its registered address.

23.6 The Company choose 2 Wiek Street, Bartlett, Boksburg, Gauteng, 1459 as its domicilium c.itandi et executandi for all purposes under these Trading Terms.

Breach

24.1 Without prejudice to any other rights which it may have, including any right to claim damages or specific performance, the Company shall be entitled to cancel any or all Agreements between it and the Renter by prior written notice if:

The Renter commits any breach of its obligations under these Trading Terms, or any other terms and conditions agreed between the Parties and fails to remedy that breach within 7 (seven) days written notice calling upon it to do so.
The Renter commits an act of insolvency in terms of any applicable insolvency legislation.
The Renter is deemed to be unable to pay its debts in terms of any deeming provision of an applicable legislation relating to companies or insolvency.
The Renter compromises or attempts to compromise with its creditors.
Any provisional or final order is granted for the sequestration, winding up, bankruptcy, business rescue or judicial management of the Renter, or any equivalent order is made in terms of an applicable law with regard to the status of the Renter.
The Renter fails to satisfy any default or other judgment granted against it, within 10 (ten) days.

24.2 The Company shall be entitled at any time to take possession of the Vehicle(s), wherever found and from whosoever has possession thereof if and when the agreement (s) were cancelled as contemplated in Clause 24.1 above.

24.3 The obligations of the Renter and the rights of the Company under this Rental Agreement shall remain in force until the Vehicle has been returned to the Company.

24.4 Any costs incurred in recovering the Vehicle will be for the account of the Renter.

24.5 Without prejudice to any other rights which the Renter may have, including any right to claim damages or specific performance, the Renter shall be entitled to cancel any and all Agreements between it and the Company by 20 (twenty) days’ written notice, if the Company commits any breach of its obligations under these Trading Terms or any other terms and conditions between the Parties.

General

25.1 This Agreement is the whole agreement between the Parties in regard to its subject matter.

25.2 If any legislation is compulsorily applicable to any business undertaken by the Company these Trading Terms will be read as subject to such legislation which shall be incorporated into these Trading Terms.

25.3 The defences and limits of liability provided for by these Trading Terms shall apply in any action against the Company whether such action be founded in contract or delict (tort) or otherwise.

25.4 The Company shall only be deemed to have received electronic data and/or messages when such data and/or messages have been received, processed, and read by the addressee.

25.5 No indulgence by a Party to another party, or failure strictly to enforce the terms of this Agreement, is to be construed as a waiver or be capable of founding an estoppel.

25.6 The Parties undertake to do everything reasonable in their power necessary for or incidental to the effectiveness and performance of this Agreement.

25.7 Save as is specifically provided in these Trading Terms the Renter is not entitled to cede any of its rights or delegate any of its obligations under any Agreement without the prior written consent of the Company.

25.8 Any illegal or unenforceable provision of any Agreement, including these Trading Terms, may be severed and the remaining provisions of any Agreement continue in force.

25.9 These Trading Terms are governed by South African law.

25.10 The Parties unconditionally consent in terms of Section 45 of the Magistrate’s Court Act, 1944 as amended, to the jurisdiction of the Magistrate’s Court in respect of any proceedings pursuant to the Trading Terms. The Company has the right, but is not obliged, to institute action in the High Court or any competent Court with jurisdiction.

25.11 In the event of the Company instructing a tracing agent, collecting agent or attorney to procure payment of an amount owing in terms of these Trading Terms, or any Initial Rental Agreement, the Renter is liable for all costs incurred (on an attorney and own client scale) by the Company and any other costs incidental to the proceedings, including collection commission.

25.12 In Legal proceedings the outstanding amount due to the Company will be determined by a Certificate of Balance signed by a Director or Manager of the Company, which Certificate will be prima facie proof of the amount.

25.13 Should these trading terms and conditions be entered into electronically or signed at different venues or at different times or not in the presence of the other party, it will be deemed to have been accepted or signed as if the parties were all present at the time and place of signature.

25.14 In the event that the Renter changes their name at CIPC, changes its physical address or intends to merge, acquire or be acquired, sell its shares, and or its business, the Renter undertakes to notify the Company within 10 (ten) days of the said change, merger or acquisition.

Rental Terms & Conditions

Standard Trading Terms & Conditions (Master Rental Agreement)

Standard Trading Terms & Conditions
(Master Rental Agreement)