TRAILER LEASE
AGREEMENT
1. Definitions and
interpretation
1.1. “agreement” means the invoice read with these terms and
conditions.
1.2. “collection and return date period” means the period from
the time the Lessee takes delivery of the trailer until its return to the
Lessor.
1.3. “invoice” means the tax invoice signed by the Lessee.
1.4. “Lessee” means the person or entity depicted in the invoice
as renting the trailer(s).
1.5. “Lessor” is C.F. van der Westhuizen t/a Closed Trailers For
Hire.
1.6. “trailer” means the trailer depicted in the invoice
including all tyres, accessories, equipment and documents in and on the trailer
when the Lessee takes delivery of the trailer.
1.7. “rental period” means the rental period recorded in the
invoice.
2. Agreement: The Lessor rents the trailer(s) to the Lessee for
the rental period subject to the provisions of this agreement.
3. Rental fees and costs
3.1. The Lessee shall pay the rental fee recorded in the invoice
before taking possession of the trailer. Unless otherwise indicated, the rental
fee includes value added tax.
3.2. If a deposit is
payable, it must be paid before taking possession of the trailer. The deposit
will be refunded on return of the trailer to the Lessor, subject to deductions
as provided for in this agreement.
4. Proper use and prohibitions
4.1. The Lessee may only use the trailer for purposes of
transporting materials that do not cause damage to the trailer, barring normal
wear and tear.
4.2. Each trailer has a
weight restriction recorded on the trailer and the Lessee warrants that such
weight will at no time be exceeded during the rental period.
4.3. Only the Lessee or its duly authorised representative may
use the trailer during the rental period.
4.4. The trailer may not be lent or rented out to any third
party, whether gratuitously or for a fee.
4.5. The trailer must be used in accordance with the road
traffic regulations and any other relevant laws.
5. Condition of trailer
5.1. The trailer is deemed to be in good working order once the
Lessee takes possession thereof.
5.2. In the event that the Lessee detects any material defects
in the trailer, the Lessor must be notified immediately. Thereafter, unless the
Lessor directs otherwise, the Lessee must immediately cease using the trailer.
6. Repairs
6.1. The Lessor may not cause any repairs to be done to the
trailer without first obtaining the Lessor’s written consent.
6.2. The Lessor shall be
entitled to recover any repair costs from the Lessee which is not attributable
to normal wear and tear.
7. Liability
7.1. Save for allowing for reasonable wear and tear in the
normal and responsible use of a trailer, the Lessee must return the trailer in
the same condition as when the Lessee took possession thereof.
7.2. After taking possession of the trailer, the Lessee shall be
liable to the Lessor for any damage to or loss of a trailer or parts thereof
(including tyres) while the trailer is not in possession of the Lessor,
irrespective of how the damage or loss arose, whether as a result of the
Lessee’s fault or not.
7.3. For purposes of this
clause, the Lessor shall in its sole discretion determine, on an objective and
reasonable basis, whether a trailer has sustained damage and its determination
shall be final and binding.
7.4. The Lessor shall not be liable for any harm, damage or loss
caused by the trailer to the Lessee or third parties during the rental period,
irrespective of how such harm, damage or loss occurs. For the avoidance of doubt,
the Lessee is not liable for any damage to or loss of goods transported on the
trailer. The Lessee indemnifies the Lessor against any harm, loss or damage
caused to third parties as a result of the use of the trailer.
8. Return
8.1. The Lessee must return the trailer at the end of the rental
period or, if cancelled, on the date of cancellation. Failure to do so will
cause the Lessee to be liable for a pro rata rental fee for each day after the
due date.
8.2. In addition to the
above, if the trailer is not retuned within two business days after expiration
of the rental period and no arrangements have been made with the Lessor, then:
8.2.1. the deposit will
be forfeited to the Lessor;
8.2.2. the Lessor is entitled to bring legal action against the
Lessee without further notice;
8.2.3. the trailer will be deemed stolen and the Lessor shall,
in addition to its contractual remedies, be entitled to lay criminal charges
against the Lessee; and
8.2.4. the Lessee hereby authorises the Lessor or its duly
authorised agent to remove the trailer from any premises owned or leased by the
Lessor or its representatives, employees or shareholders.
9. Termination
9.1. The Lessor may terminate this agreement at any time by
notice to the Lessee and the Lessee will be required to return the trailer to
the Lessor.
9.2. The obligations of the Lessee and the rights of the Lessor
under this agreement remain in effect until the trailer has been returned to
Lessor and the Lessee has complied with his obligations in terms of this
agreement.
10. General
10.1. Any indulgence or leniency by the Lessor does not affect
the right of the Lessor to enforce this agreement. 10.2. The Lessee designates
his/her/its physical address recorded in the invoice as address for service of
legal process.
10.3. The Lessor designates its premises at the time of
concluding this agreement as address for service of legal process.
10.4. Both parties designate their email addresses, in addition
to their fax numbers, as address for correspondence including correspondence to
and from the parties’ legal representatives.
I HAVE READ THE TRAILER LEASE
AGREEMENT AND AGREE TO THE TERMS AND CONDITIONS.
SIGNATURE OF LESSEE: __________________________
