- Copy of ID Document or Drivers Licence of person signing the application Copy of ID Document of all Directors/Members
- Copy of VAT Certificate
- Copy of Company / Close Corporation Registration Certificate
- Resolution authorising the person signing to bind the company/close corporation if not signed by a Director/Member whose name appears on the Registration Certificate Deposit (Cash or Card)
APPLICATION FOR HIRE FACILITIES (JURISTIC PERSON):
PELSHALL TRADING cc t/a Coastal Hire Pinetown
Reg No. 2000/001889/23
VAT No. 4950187585
109 OLD MAIN ROAD, PINETOWN, 3610
P.O.BOX 1802, PINETOWN, 3600
TEL: 031 702 3506
FAX: 031 702 7190
CONTACT INFORMATION (“the Customer”):
Terms and Conditions
STANDARDS TERMS AND CONDITIONS OF HIRE
In this agreement:
“Coastal Hire” – means the legal entity the full names and details of which are set out above, trading as Coastal Hire.
“The Customer”– means the person described above in the particulars of this Application for account / hire facilities.
“The Equipment hired”– means all equipment, parts, consumables or accessories of whatsoever nature which may be hired or sold by Coastal Hire, and shall also include any services which may be rendered by Coastal Hire, to the Customer.
“the/this Agreement”– means this application for Account/Hire facilities together with every hire note, invoice and any other document between the parties which is incorporated by reference;
A reference to any gender includes the other genders and, to the extent required by the context, the singular includes the plural and vice versa.
Equipment hired and any services provided by Coastal Hire to the Customer will be charged at Coastal Hire’s ruling price on the date of delivery except where otherwise specified in a written quotation from Coastal Hire or an order from the Customer, Coastal Hire may increase the hire charge in respect of any equipment which is out on hire at the time of Coastal Hire’s general price increase but, in this case, Coastal Hire will give the Customer sufficient written notice of such increase to allow the Customer to cancel the hire and return the equipment before the increase takes effect.
- SPECIFICATIONS AND USE OF EQUIPMENT
3.1 It is specifically recorded that Coastal Hire is a rental business that provides equipment to its customers as per the customer’s specific request. Any advice given to the Customer regarding the suitability of the equipment for any specific use, is given purely on the basis of the information provided by the Customer. Written instructions regarding the specifications and use of the equipment are available from Coastal Hire and the Customer undertakes to only use the equipment in accordance with these instructions.
3.2 Only the specified fuel mixtures and additives may be used in the equipment and oil and lubricant levels must be maintained at all times. If the incorrect fuel mixture or additives are used or if the oil and lubricant levels are not maintained, the Customer will be liable for any damage caused as a result and Coastal Hire will be entitle to claim for such damage in terms of Clause 15.
3.3 The Customer must specifically ensure that air filters are not removed from hired equipment.
The equipment hired predominantly comprises of moving parts and of its very nature may cause serious injury or death if not correctly used. It is therefore imperative that the operation manual, specific instructions or guide as provided for by the manufacturer or Coastal Hire be strictly followed and adhered to. It is the duty of the Customer or its representative to ensure that he is in possession of the applicable instructions prior to leaving the premises.
Coastal Hire offers a delivery service in respect of equipment hired by the Customer and is committed to delivering such equipment as soon as possible after the equipment has been requested. However, Coastal Hire will not be responsible for any loss or damages suffered by the Customer as a result of non-delivery of equipment or part delivery thereof or delays in delivery for whatsoever reason, and time shall not be of the essence in respect of any order unless specifically agreed to the contrary and reduced to writing. If the parties agree that time is of the essence in respect of delivery, the Customer’s remedy will be limited to refusing to accept any delivery which is not made by the agreed time.
- DEDUCTIONS/SET OFF
No amount may be deducted from any invoices without Coastal Hire’s authorisation. Should any deduction be agreed to by Coastal Hire, a credit note will be issued for such amount and will be proof that Coastal Hire has agreed to same. In particular, the Customer may not deduct any amount due by reason of the fact that it contends it has a counter claim of any nature whatsoever against Coastal Hire.
- SERVICE ADDRESS (DOMICILIUM CITANDI EXECUTANDI) POSTING AND NOTICES
Coastal Hire and the Customer choose their street addresses as stated above on this Application as the address for the purpose of serving summons and any other legal notices which require personal service levying execution arising out of this agreement (their domicilium citandi et executandi). All notices forwarded to the postal addresses stated on the face hereof shall be deemed to be received by the party concerned after the expiry of seven (7) days from the date of posting by prepaid registered post. Facsimiles or e-mail’s will be deemed to be proper service and a positive facsimile or e-mail report will be prima facie proof of such transmission, that is this will be accepted as proof in the absence of evidence that such transmission did not take place.
- RESERVATION OF OWNERSHIP
The ownership in the equipment hired, or if purchased not fully paid for, in terms of this Agreement shall remain vested in Coastal Hire, or any cessionary to whom the Coastal Hire cedes its rights, at all times. The Customer undertakes at all material times to inform Coastal Hire of the address at which the equipment is to be used and stored and to inform the owner of such premises as to the ownership of the equipment the Customer undertakes to inform Coastal Hire immediately in the event of any form of attachment being exercised, or any attempt to exercise any form of attachment, against the equipment.
- DEFAULT AND RETURN OF GOODS
(a) If the Customer fails to pay any amount to Coastal Hire on due date, or allows any judgement against it to remain unsatisfied for seven (7) days or if the Customer is in breach of any term or condition of this agreement, or if the Customer commits any act of insolvency or is wound up, whether provisionally or finally, Coastal Hire shall be entitled at its election and without any prejudice to any other right which it may have to:
(i) claim immediate payment of all amounts payable in terms of this agreement whether or not such amounts are due at that stage, demand payment of deposits in respect of any equipment then out on hire and cancel all credit terms in respect of future orders or
(ii) immediately terminate this agreement, cease supply, retake possession of the equipment hired and claim immediate payment of all amounts payable in terms of this agreement and in terms of any subsequent order whether or not such amounts are then due; and
(iii) Institute legal action and claim payment of all attorney and own client costs incurred, together with collection commission and tracing charges, and interest calculated at the maximum permissible rate in terms of the National Credit Act 34 of 2005 as amended or any similar legislation which may replace the relevant provisions of the National Credit Act.
(b) If Coastal Hire cancels the agreement in terms of 9 (a) (ii) above or if Coastal Hire requires the return of the equipment for service purposes, the Customer irrevocably authorises Coastal Hire and any of its employees or representatives to enter the premises at which the equipment is stored or used, to disconnect the same if necessary, to obtain the services of a locksmith if necessary, and to take such equipment into their custody. The Customer indemnifies Coastal Hire against any claims of whatsoever nature as result of such action.
(c) Coastal Hire will provide proof of identity and authorisation to such employees or representatives collecting equipment on behalf of Coastal Hire and such employee or representative will provide a signed off-hire note to the person in charge of the premises from where the equipment is collected.
The parties consent to the jurisdiction of the Magistrate’s Court having jurisdiction over the party against whom action is instituted in respect of any action which might be instituted arising from this Agreement, irrespective of the amounts claimed or the value of the equipment involved in such action. The party instituting action shall however retain the right to institute proceedings in any other Court having jurisdiction in the matter.
- SOLE AGREEMENT AND NON VARIATION
This is the only agreement between the parties and no addition, amendments or consensual cancellation thereof shall be of any force or effect unless such addition, amendment or cancellation is incorporated by reference or reduced to writing and signed by both parties.
- NO RELAXATION
No relaxation by Coastal Hire of the strict terms of this Agreement and no indulgence, which Coastal Hire may grant to the Customer in exercising any right which Coastal Hire has, shall in any way prejudice Coastal Hire’s rights. If Coastal Hire does allow any relaxation or indulgence, this will not be regarded as a waiver by Coastal Hire of any right or as a novation of the agreement.
- TERMS OF PAYMENT
(a) Unless credit facilities have been granted in respect of the hire, a deposit based upon the value of the equipment hired is payable at the same time of hire. This deposit will be set off against any amounts due on the return of the equipment. Where equipment is hired for a period of in excess of 5 days, Coastal Hire may require further deposits during the hire period.
(b) On return of the equipment, any shortfall for the hire is payable immediately against invoice, unless Coastal Hire has granted credit facilities to the Customer in writing.
(c) Where credit facilities have been granted in writing, payment is to be made by the Customer within a period of thirty (30) days from the date of statement. If the account reaches the maximum amount of credit granted by Coastal Hire to the Customer, the Customer must immediately make a payment in order to reduce the outstanding balance to the amount of credit granted.
(d) Coastal Hire is entitled to charge interest at the maximum interest rate allowed in terms of the National Credit Act, 2005, or any other applicable legislation which may replace the relevant provisions of the national Credit Act, on any amount not paid on or before due date.
(e) Credit facilities granted to a customer may in the sole discretion of Coastal Hire be suspended or revoked by written notice to the Customer. Thereafter the full balance owing will immediately become due and payable.
(f) The balance reflected on any statement shall be sufficient evidence of the amount due and a certificate issued by any director, member or other authorised representative of Coastal Hire shall be sufficient proof of the amount due and owing for the purposes of legal proceedings against Customer including the obtaining of judgement (summary or otherwise) and provisional sentence.
- DELIVERY, RISK AND RETURN
(a) Risk in the equipment will pass to the Customer when equipment leaves Coastal Hire’s premises or, if the equipment is delivered by Coastal Hire, at the place and time of delivery. The person accepting equipment on behalf of of the Customer confirms that he has inspected the equipment and acknowledges that it appears to be in good condition and working order. Signature by the Customer or by any representative or employee of the Customer of the Coastal Hire’s delivery or hire note and / or invoice, shall be regarded as acceptance by the Customer that the equipment described in such delivery or hire note and / or invoice has been properly and completely delivered.
(b) Equipment will only be deemed to have been returned to Coastal Hire when Coastal Hire provides the Customer’s representative with a document signed with the full signature of a representative of Coastal Hire, which records the return of such equipment (an off hire note, tax invoice or similar document). The Customer undertakes to return the rental equipment to the Coastal Hire premises on the agreed return date as per the hire note. The Customer acknowledges that rental charges are calculated on a 24 hour cycle and unless the equipment is returned by no later than that time at which it was hired out, the Customer will be liable for a further day’s rental.
(c) Where Coastal Hire delivers the equipment, unless otherwise agreed in writing, the Customer shall be liable for delivery fees at the ruling rate at the date of delivery.
- INSURANCE AND REPLACEMENT COSTS
The Customer accepts full responsibility for any loss or damage to the Equipment during the hire period. The cost of reinstating the equipment to its pre-delivery condition will be for the Customer’s account and will be payable upon invoice by Coastal Hire. The Customer will remain liable for the agreed hire rates until such equipment has been re-instated to its pre-delivery condition. It is the Customer’s responsibility to insure the equipment during the hire period. If the equipment is damaged beyond repair or is stolen, lost or misplaced or not returned for any reason, the Customer accepts and agrees to compensate Coastal Hire at the full retail price of such equipment. The Customer will remain liable for the agreed hire rates until such time as the Customer has effected payment of the full retail price.
- APPLICABLE LAW
This agreement shall be governed by the laws of the Republic of South Africa.
- SOLVENCY WARRANTY
The signatory to this agreement warrants the solvency of the Customer and declares that he has personally acquainted himself as to such solvency.
GUARANTEE AS REQUIRED IN TERMS OF THE CREDIT APPLICATION
I/We, the undersigned guarantee in favour of “Coastal Hire” the payment on due date of all and any amounts owing to Coastal Hire by (”the Customer”) from time to time from any cause whatsoever.
I/We will be obliged to make payment of the full amount owing by the Customer to Coastal Hire upon first written demand from Coastal Hire together with a certificate signed by a member or director of Coastal Hire or any other person duly authorised by Coastal Hire for this purpose certifying:
1. that the Customer has failed to make payment of any amount due by the Customer to Coastal Hire on or before due date; and
2. the amount owing by the Customer to Coastal Hire upon the date of signature of such certificate.
Such payment shall be made within 5 (five) business days of receipt of the demand from Coastal Hire, without any condition , deduction or set off into bank account specified by Coastal Hire for this purpose.
I/We confirm I/We/are providing this guarantee to assist the Customer in obtaining Hire and/or Account facilities from Coastal Hire. This guarantee shall remain in force and in place until I/We cancel same by giving written notice to Coastal Hire. Upon such cancellation the guarantee shall remain in force in respect of all amounts owing to Coastal Hire by the Customer at the date of such cancellation (”the outstanding debt at the date of cancellation”) and I/We shall remain liable in terms of this guarantee until the outstanding debt at the date of cancellation has been settled in full.
I/We agree and declare that:
(a) All acknowledgements of indebtedness and admissions by the Customer shall be prima facie proof (proof in the absence of manifest error or evidence to the contrary) of the contents thereof.
(b) In the event that this guarantee is signed by more than one guarantor, Coastal Hire shall not be obliged to sue us jointly but may claim the full amount from one of us.
(c) This guarantee is not given subject to any condition, suspensive or otherwise. In particular, this guarantee is not dependent upon Coastal Hire obtaining any other security in respect of or support for the Customer’s obligations to Coastal Hire. If one of the persons mentioned hereunder does not sign this guarantee that fact shall not affect the validity of the guarantee given by the person/s who do sign this document Coastal Hire may, without prejudice to and with reservation of all its rights hereunder, release any securities given to it or give time to compound or make any arrangement with the Customer in regard to the payment of the indebtedness of the Customer. The right to make such arrangements will be within the absolute discretion of Coastal Hire.
(d) In the event of the insolvency or liquidation of the Customer or any form of compromise between the Customer and the Customer’s creditors:
(i) I/We agree that any divided by Coastal Hire in respect of its claim against the Customers shall be appropriated in the first instance to the payment of that part of the Customers indebtedness to Coastal Hire, if any, which is not covered by this guarantee;
(ii) I/We agree that Coastal Hire shall be entitled without prejudice to its rights against me/us:
(1) to prove a claim against the Customer’s estate for the full amount of the indebtedness of the Customer – to Coastal Hire;
(2) to claim from me/us the full amount of my/our indebtedness , provided that if I/We pay full indebtedness of the Debtor to Coastal Hire, the latter shall cede its claim against the Customer’s estate to me/us.
(e) Coastal Hire is hereby irrevocably authorised to apply any monies received by it from me/us in terms of this guarantee against any indebtedness to it of the Customer in such manner as Coastal Hire in its discretion deems fit.
(f) To the extent that the following defences may be available to me/us; I/We hereby renounce and waive all benefits from the legal defences.
that Coastal Hire shall first endeavour to cover the full amount from the Customer
that only a proportionate amount of the debt can be recovered as I/We are part of a number of debtors, sureties or guarantors.
(g) Should I/We, in defending any action based on this guarantee, allege that no money was paid over by the creditor to the Customer and/or there is no reason or cause for the obligations to Coastal Hire, and/or errors have been made in the calculation of the amount claimed, then, and to the extent that any such defence may be available to me/us, the onus pf proving such a defence would rest on me/us.
(h) I/We choose for the purpose of serving summons, notice and levying executions (domicilium citandi et executandi) the address hereunder. Coastal Hire chooses the physical address as set out in its description above as its address for the same purposes.
(i) In the event of there being one or more guarantors then the liability of such guarantors in terms of this guarantee shall be joint and several.
(j) I/We hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction over my/our persons in respect of any action which might be instituted in terms hereof, irrespective of the amounts claimed or the value of the equipment involved. Coastal Hire shall, however, retain the right to institute action in any other Court having jurisdiction.
(k) In the event of Coastal Hire instituting action against me/us, I/We agree and undertake that I/We shall be responsible for all costs so incurred, including attorney and client costs and collection commission.
(j) Any failure at anytime by Coastal Hire to exercise any of its rights under this guarantee, shall not be construed as a waiver of such rights and Coastal Hire shall be entitled at any time thereafter to enforce same. No provisions of this guarantee shall be deemed waived unless such waiver is in writing and signed by Coastal Hire.