- Copy of ID Document or Drivers Licence of person signing the application
- 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 in 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
The Customer agrees to the following terms and conditions of hire which will apply to the hire or sale of equipment, fuel or other consumables or supply of any other services or equipment between Coastal Hire and the Customer.
- This is not a credit application. All amounts payable are due upon return of the equipment. Unless otherwise indicated all rates are charged per day at Coastal Hire’s ruling hire rate.
- Although this is a cash application, the customer consents and agrees that this information may be used by Coastal Hire for the purposes of assessing the hire risk, that Coastal Hire or its representative may contact and request any material information from any person, credit bureau or business, and consents to and authorises Coastal Hire to furnish personal and credit information concerning the Customer’s dealings with Coastal Hire to any credit bureau and to any third party seeking a trade reference.
- SPECIFICATIONS AND USE OF EQUIPMENT
3.1 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, its employees or agents regarding the suitability of the equipment for any specific use, is given purely on the basis of the information provided by them. Written instructions regarding the specifications and use of the equipment are available from Coastal Hire and the Customer undertakes to ensure that the equipment is only used 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 entitled to claim for claim for such damage in terms of Claus 11.
3.3 Air filters are not to be removed from hired equipment.
The Customer acknowledges that 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 manufacture or Coastal Hire be strictly followed and adhered to. It is the Customer’s responsibility to ensure that the person taking delivery of the equipment on behalf of the Customer is in possesion of the applicable instructions and that these are passed on to any person who operates the equipment. The Customer indemnifies Coastal Hire against any loss, damage or liability which Coastal Hire may incur as a result of the Customer’s breach of the clause.
- If the equipment is to be delivered by 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.
- Coastal Hire and the Customer choose thier street addresses as stated on this Application for Hire Facilities 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 (”domicilium citandi et executandi”)
- 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 Coastal Hire may cede its rights. 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 will ensure that the equipment is not attached by any third party for any reason whatsoever and undertakes to inform Coastal Hire immediately in the event of any form of attachment being exercised, or ant attempt to exercise any form of attachment, against the equipment.
- 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.
- (a)The deposit is based upon the value of the equipment hired and is payable at the time of hire. This deposit will be set off against any amounts due on return of the equipment. Where equipment is hired for a period 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.
- 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 to appears to be in good condition and working order. Signature on the Customer’s behalf of 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 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, the Customer will be liable for delivery fees at the ruling rate at the date of delivery.
INSURANCE AND REPLACEMENT COSTS
The Customer is responsible for insuring the equipment and accepts full responsibility for any loss of 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-instatedto to its pre-delivery condition.
If the equipment is damaged beyond repair or stolen, lost or misplaced or not returned for any reason, the Customer 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 times as the Customer had made payment of thr full retail price.
Coastal Hire is entitled to charge interest, from due date until date of payment, 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 arising out of this Agreement and not paid on or before due date.
- JURISDICTIONThe Customer consents to the jurisdiction of the Magistrate’s Court having jurisdiction over the Customer 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. Both Coastal Hire and the Customer shall however retain the right to institute proceedings in any other Court having jurisdiction in the matter.
I understand that this is a cash application and that the full amount payable in respect of each hire will be settled upon return of the equipment. No account facilities have been arranged between the Customer and Coastal HIre. Should any amount due to Coastal Hire by the Customer not be settled and remain outstanding, whether during the hire period or after return of the equipment or as a result of the failure of the customer to return the equipment for any reason, I personally guarantee payment of any amounts due to Coastal Hire as a result and undertake to settle same upon demand.