KENINGS CAR AND BAKKIE HIRE or its duly appointed licensee ("the
lessor") hires to the hirer referred to ("the hirer") the motor
vehicle described ("the vehicle"), subject to the terms and conditions
set out and the following terms and conditions (all of which items and
conditions are referred to as "this agreement").
The vehicle shall not be used or driven for the conveyance of persons or property for reward;
by any person while under the influence of alcohol or any drugs;
in any race, speed test or contest; to propel or tow any vehicle or trailer;
in any area or on any road where, in the circumstances subsisting at the date
of commencement of this agreement or at any time during the currency of this
agreement there is a risk that the vehicle may be damaged through civil
disturbance, not or any act of political unrest or any act associated with the
foregoing , and without limiting the generality thereof; any act of arson ,
stone throwing, petrol bombing or any other act of malicious damage by third
parties, including any act or action of any person, military or police forces,
or any other lawfully established authority made or taken for the purpose of
controlling, preventing, suppressing or in any other way dealing with any
occurrences referred to above; on any surface other than a surface for use as a road;
by anyone under the age of 23 years and over the age of 70 years;
by anyone other than a person in possession of a current valid driver’s
license for more than 2 years whose license will be produced to the lessor on
demand; only the hirer and additional driver(s) named overleaf shall drive the
vehicle, and the vehicle shall at all times be kept under the hirer’s control;
Beyond the borders of the Republic of South Africa.
CHARGES
The hirer shall pay the lessor on demand all charges indicated on the
agreement. The signatory to this Agreement should be a person other than the hirer, bind himself jointly and
severally as surely and co-principal debtor with the hirer for all the hire’s
obligations under this agreement. Every reference herein to the hirer shall be
deemed to include a reference to the signatory to this agreement;
The hirer acknowledges that he shall, under the circumstances hereinafter set
out, further be liable for the following additional expenses:
In the event of a vehicle being involved in an accident, or the vehicle
being damaged mechanically or otherwise through negligence, or of the hirer
abandoning the vehicle, any charges incurred by the Lessor in recovering the
vehicle, including and without in any way limiting the generality of the
foregoing, the cost of towing the vehicle to a place of repair;
In the event of the vehicle being stolen during the period of hire unless
the Lessor should prove a greater distance, the tariff charges applicable and
calculated on the agreed assumption that the hirer had traveled a distance of
100 kilometers per day up to and including the day upon which the theft of the
vehicle is reported to he Lessor;
In the event of the Lessor, for whatever reason, being unable to determine
or prove the distance traveled by the hirer during the period of hire, the
tariff charges applicable and calculated on the agreed assumption that the
hirer had traveled a distance of 100 kilometers per day up to and including
the day upon which the theft of the vehicle is reported to the Lessor;
In the event of the hirer breaching the terms of this agreement, any
consequential damages which the Lessor may suffer, whether as a result of lost
profit on down time for repairs or otherwise.
In the event of the vehicle being broken into during the period of hire,
the replacement of the radio/tape and/or glass, irrelevant of which insurance
covers have been accepted by the hirer.
In the event of the hirer damaging the vehicle mechanically, accidentally,
or otherwise through negligence, any repair cost to the vehicle.
RELATIONSHIP TO LESSOR
Under no circumstances shall either the hirer of any driver be or the agent
servant of employee of the Lessor.
INDEMNITY
Save to the extent provided in paragraph 6, hereunder;
The Lessor –
shall not be liable for any loss of or damage to any property left or
transported in or upon the vehicle;
does not accept any responsibility for any delay or any damages (whether
consequential or otherwise) arising from any defect, mechanical failure,
breakdown or other circumstances relating to the vehicle;
shall not be liable for any loss or damages of whatsoever nature arising
out of any injury which may be sustained by the driver of the vehicle
howsoever such loss or damage may have been caused including and without
limiting the generality of the foregoing the negligence of the lessor and or
its employees of whether the vehicle or any part thereof is defective;
Shall not be liable for damages to tapes used in our tape decks.
The hirer hereby indemnifies and holds the lessor harmless against any claims
of whatsoever
Nature which may be brought by any passenger in the vehicle (whether or not
such passenger is entitled to payment of his medical expenses and/or loss of
earnings up to the amount specified in the M.V.A. Act) irrespective of how the
cause of such claim arose and, without limiting the generality of the foregoing,
irrespective of the negligence of the lessor and/or its employees, or whether
the vehicle or any part thereof is defective.
The hirer, in the absence having accepted the Collision Damage Waiver (C.D.W)
by marking the
Appropriate block overleaf, hereby indemnifies and holds the lessor harmless
against any loss of damage to property belonging to any third party irrespective
of the cause of such loss or damage and without limiting the generality of the
aforegoing irrespective of the negligence of the lessor/or its employees, or
whether the vehicle or any part thereof is defective.
The hirer in the absence of having accepted the Theft Loss Waiver (T.L.W.)
hereby acknowledges full responsibility for the vehicle, in the case of theft/loss. Should the vehicle
be involved in theft/loss the hirer is liable for the total replacement cost to
the vehicle.
INSURANCE
The lessor provides automatic cover in respect of damage to the vehicle,
balance of third party, fire and theft in excess of the amounts stated in the Lessor’s tariff brochure or
rental agreement in force at the commencement of this agreement, the hirer’s
liability being limited so such excess amounts.
When the hirer has accepted CDW by marking the appropriate block overleaf,
the lessor provides:
balance of third party cover in accordance with the standard provisions of
a basic motor policy;
cover for all collision damage to the vehicle in excess of the collision
damage waiver amount in the lessor’s tariff brochure or rental agreement in
force at the commencement of this agreement (CDW amount), a copy of which the
hirer, acknowledges having received and read.
in respect of the insurance referred to in (b) and as a condition of this
agreement, the hirer warrants
that no company or underwriter in respect of any motor insurance has ever
declined his application for, cancelled or refused to renew any policy on
increased premium or imposed any special conditions on him or on the additional
driver/s in respect of any policy.
When the hirer and/or additional drivers is under the age of 23 years and/or
has not been in possession of a valid unendorsed driver’s license for a minimum period of 2 years the
hirer will be liable for the total replacement cost of the vehicle plus all
third party claims.
When the hirer accepted T.L.W by marking the appropriate block overleaf, the
lessor provides automatic cover in respect of theft/loss to the vehicle, the hirer liability
being limited to the reduced excess amount stated on the lessor’s tariff
brochure or rental agreement.
ADDITIONAL DUTIES AND OBLIGATIONS
It shall be the duty of the hirer/and or the additional driver/s to:
immediately report the lessor any damage, accident, breakdown or theft
involving the vehicle or its accessories and immediately complete the lessor’s "motor accident
claim form" where the vehicle is involved in an accident. It is recorded
that, in the absence of the hirer reporting the accident or breakdown within 24
(TWENTY-FOUR) hours thereof, then the hirer shall, unless the contrary is
proved, be deemed to have committed a breach of this agreement.
immediately report any accident or theft of the vehicle to the nearest police
station;
immediately deliver to the lessor any demand, notification, summons or
process received, relating to any claim, action or prosecution in connection
with any collision or occurrence involving the vehicle;
refrain from admitting liability for or assisting any claimant in regard to
any claim, action or prosecution in connection with any collision of occurrence
involving the vehicle;
in the event of the vehicle breaking down or being involved in an accident,
take all such as might reasonably be possible to prevent any theft of, pilfering
of additional damage to the vehicle, including, but without limiting the
generality of the aforegoing, shall not abandon the vehicle at the place of
breakdown or accident, but shall ensure that the vehicle is towed or moved to a
safe location;
co-operate with the lessor and its insurer in the investigation and or
defense of any prosecution, claim or action related to the vehicle, failing
which the hirer shall be deemed to have committed a breach of this agreement.
BREACH
Without in any way derogating from the generality of any provision of this
agreement, it is specifically recorded that, in the event of the hirer either
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failing to return the vehicle on the date specified overleaf; or
in any manner tempering with the odometer of the vehicle; or
committing any other breach of this agreement; then the hirer shall
automatically forfeit all benefits available under every form of insurance
provided in terms of this agreement, and shall be liable for full extent of any
damage to the vehicle, as well as any damage to the person or property of any
third party.
FINES AND PENALTIES
The hirer shall be solely liable for all fines or penalties imposed for
parking or traffic offences whilst the vehicle is under hire in terms of this
agreement, which the hirer undertakes to pay within 24 (TWENTY-FOUR) hours of
any fine or penalty being imposed.
VARIATION OR WAIVER
No variation or waiver of any of the conditions of this agreement shall apply
against the lessor unless agreed to in writing by the lessor.
WARRANTIES AND UNDERTAKINGS
The hirer warrants and undertakes that;
Should any repair or replacement of parts in excess of R50,00 be effected
by or at the instance of the hirer without the prior written consent of the
lessor; the cost of such repairs shall be borne by the hirer.
Should the hirer fail to return the vehicle on demand by the lessor (for
any reason whatsoever) the lessor shall be entitled to immediately terminate
this agreement and take immediate repossession of the vehicle without
prejudice to any other rights of the lessor. The lessor shall not be liable
for any damages (consequential or otherwise) arising from such repossession.
The signatory warrants that he is an adult person of full contractual
capacity and is duly authorized by the hirer to sign this agreement.
LEGAL FEES AND COLLECTION CHARGES
The hirer agrees to pay all reasonable legal fees and costs (including
attorney and client cost and collection commission) incurred by the lessor in
enforcing any of its rights under this agreement.
JURISDICTION
The hirer consents to the lessor taking any legal proceedings for enforcing
for enforcing any of its rights or for the recovery of any amounts which may
become due to the lessor by the hirer under the agreement, at the option of the lessor in the Magistrate’s Court of any
District having jurisdiction in respect of the hirer, in which event the hirer
consents to the jurisdiction of such Magistrate’s Court.
ADDICTIONAL TERMS
The hirer further agrees to abide by the additional terms and conditions (if
any) stipulated in the Lessor’s tariff brochure in force at the commencement
of this agreement, a copy of which brochure the hirer acknowledges having
received and read.
CUSTOMER ACCOUNTS
If any amount owed by the customer to the Company from any cause whatever
under this contract or
Not, is not paid on due date then, without prejudice to any other rights
which the Company may have in law, the company may:
Require that all amounts then owed to it by the customer from any cause
whatever (and whether under this contract or not) shall immediately become due and payable;
Retain in its possession any goods of the customer until all these amounts
have been paid;
Until payment is made, suspend the carrying out of any ot its then
uncompleted obligations from any cause whatever and whether under this
contract o not; or
Terminate any credit facilities granted to the customer, whether under this
contract or not, or terminate the contract.
No relaxation which the Company may permit at any time in regard to the
carrying out of the terms of the contract shall prejudice or be a waiver of any of the Company’s rights
under this contract.
The customer agrees that in the event of any cheque or other form of payment
being dishonored, the company shall be authorized to furnish details thereof to an appropriate
Credit Agency or similar institution, who may use such information for the
purpose of assessing the future credit worthiness of the customer.
