1.             The LESSOR hereby lets to the LESSEE who hereby hires the trailer on and subject to the terms and conditions recorded hereinafter, for the period and the rental described on the reverse. The trailer shall remain the property of the LESSOR and nothing contained in this contract shall be so construed that the LESSEE acquires any other right to or interest in the mentioned trailer than that of a LESSEE.

2.             RENTAL CONTRACT

This agreement is a rental contract and the LESSEE, or any person acting on behalf of the LESSEE, shall at no stage during the currency of this contract or thereafter acquire any right apart from that of a LESSEE whose right is restricted in terms of this agreement of ownership in the trailer nor after the termination of this contract retain the possession, use or beneficial ownership thereof.

3.             DELIVERY AND RETURN

The LESSEE acknowledges that the trailer as a whole is in a good, working and roadworthy condition and undertakes that it will be returned in the same condition as of the moment of taking possession, fair wear and tear excluded, at the LESSOR’S premises at the date as stipulated on the reverse or such earlier date or place as the LESSOR for whatever reason may require.

4.             CONDITIONS OF USE

4.1. The vehicle to which the trailer shall be attached shall not be used –

4.1.1. contrary to any Act;

4.1.2. by any person who provides mistaken, false or fraudulent information to the LESSOR and the LESSOR shall not be liable in any way whatsoever in the event that such mistaken, false or fraudulent information has been provided.

4.1.3. by anyone other than a properly licensed driver, in which the driver shall produce his license to the LESSOR on request; or

4.1.4. by anyone other than a properly licensed driver with the consent of the LESSEE.

4.2. The LESSEE may under no circumstances sublet or relinquish possession of the trailer without the written consent of the LESSOR.

5.             RENTAL

5.1. The LESSEE shall on demand pay to the LESSOR all rental related amounts due as described on the reverse side of this contract as well as amounts incidental thereto. Furthermore, should the person signing this contract not be the LESSEE, and/or when such person collects the trailer in terms 01 of this contract on behalf of the LESSEE, then such person shall be jointly and severally liable with the LESSEE for due fulfillment of all obligations arising from this contract.

5.2. Should the LESSEE be:

5.3. A Partnership, then all the Partners will be jointly and severally liable to the LESSOR for the obligations of the Partnership under and in terms of this contract.

5.4. A Company, Trust or Closed Corporation, then the person signing on its behalf warrants his authority to do so and the entities ability to effect payment.

S.S. Where the LESSEE with the written consent of the LESSOR pays the rental amount on an account basis, all outstanding monies becomes due and payable before the 7′” day of the succeeding month. Failure to adhere to the payment of this amount will negate any discounts given and a penalty rental will be imposed at two times the daily rate as indicated on the front of this contract.

5.6. The LESSEE guarantees the correctness of the information he/she provided in the rental contract and declaration.

6.             COSTS

The LESSEE undertakes to pay the following:

6.1. Any expenses incurred by the LESSOR to ensure the return of the trailer to its place of business, which shall include tow-in and re-attachment costs.

6.2. All fines and legal costs payable by the LESSOR during and as a result of this Agreement in respect of any legal offence attributable to the trailer, where the LESSEE or someone authorized on behalf of the LESSEE is to tow the trailer.

6.3. Compound interest calculated at prime+ 5% will be levied on all outstanding amounts owing to the LESSOR.

7.             INDEMNITY

7.1. The LESSOR shall not be liable for any loss, theft or damage to the trailer of any nature whatsoever.

7.2. The LESSOR shall not be liable for any loss, theft or damage to the towing vehicle of any nature whatsoever.

7.3. The LESSOR shall not be liable for any loss, damage or injury of whatsoever nature caused to third parties for whatever reason by the rented trailer.

7.4. The LESSOR takes no responsibility for any damage caused during the coupling/connection or uncoupling/disconnection of the trailer

7.5. The LESSOR shall not be liable for any loss or damage suffered by the LESSEE or any other person resulting from the theft of the trailer.

7.6. The LESSOR shall not be liable for any electrical damage to the towing vehicle caused by the connection and/or coupling of the trailer.

7.7. Clause 7.1. through to 7.6. refers to occurrences both inside and outside the borders of the Republic of South Africa.

8.             LIABILITY AND LEGAL PROCEEDINGS

With a certificate under the hand of any manager or member of the LESSOR. in respect of any amount owing by the LESSEE to the LESSOR under and in terms of this contract, the fact that such amount is due and payable, the rate of interest payable thereon and the date from which such interest is reckoned shall constitute Prima Facie evidence of the LESSEE’S indebtedness to the LESSOR and shall be sufficient to enable the LESSOR to obtain judgment in any court having jurisdiction in terms hereof.

9.             RISK

9.1. The LESSEE shall assume all risk relating to the trailer during the entire period the LESSEE is in, or is deemed in terms of the contract to be in possession thereof.

9.2. If the trailer is stolen, damaged or involved in an accident, the LESSEE shall be liable, upon demand, in the sole discretion of the LESSOR, for payment of the value of the trailer or the cost of the damage to the trailer and the cost incurred by the LESSOR incidental to the loss or damage. Determination of the cause and monetary value of the damage or loss will be exercised in the sole discretion of the LESSOR. In the event that the LESSOR determines that the damage or loss is attributable to the LESSEE, such damage or loss, mutandis mutandis shall be born by the LESSEE.

10.          RENTAL DEPOSIT

A rental deposit as included in the total costs described on the reverse is payable and shall be repaid by the LESSOR to the LESSEE if all conditions described in this contract are fulfilled by the LESSEE.

11.          AMENDMENT

No amendment, addition or deletion to these terms and conditions shall be of any force and effect unless it is recorded in writing and signed by the LESSOR and the LESSEE.

12.          LEGAL COSTS

The LESSEE undertakes to pay all reasonable legal and other costs (including attorney and client costs) incurred by the LESSOR in the enforcement of his rights in terms of this contract.

13.          JURISDICTION

Notwithstanding the amount involved, any legal action resulting from or in connection with this Contract may be instituted in the Magistrate’s Court, or be referred for arbitration in the sole discretion of the LESSOR to The Arbitration Foundation of South Africa (A.F.S.A.) and for the purposes of such legal action, the LESSEE chooses domicilium citandi et executandi at the residential address referred to in clause 16 hereof.

14.          REPRESENTATIONS

The LESSEE acknowledges that no representations that lead to signature of these terms and conditions, other than those contained in these terms and conditions, were made to him /her.

15.          RELAXATION, INDULGENCE OR ABANDONMENT

No relaxation, indulgence or abandonment of any of its rights by the LESSOR in favour of the LESSEE shall cause a novation of these terms and conditions.

16.          DOMICIIUM CITANDI ET EXECUTANDI

The LESSEE hereby chooses domicilium citandi et executandi for the dispatch of all correspondence and the service of any legal documents at his/her home address as on the front page of this contract in the Republic of South Africa.