HIRE A LANDI

LAZARUS CAR HIRE /CAR RENTAL AGREEMENT TERMS AND CONDITIONS OF RENTAL

In this Agreement, unless inconsistent with or otherwise indicated by the context:

DEFINITIONS
1. "Company" The Four Wheel Drive Accessory Distributors cc (Reg. No. 2005/024432/23) trading as "Lazarus Car Hire", with chosen physical address at 400 West Street, Centurion, 0157
2. "Cover Schedule" means the Cover Schedule to which these terms and conditions are attached and which forms an integral part of this Agreement.
3. "The Client" means the party who's particulars are reflected in the Cover Schedule to which these terms and condition of rental is attached.
4. "Nominated Driver" means the parties nominated by THE CLIENT to drive and be in possession of the motor vehicle in terms of this Agreement, and whose full particulars are reflected in the Cover Schedule to this Agreement.
5. "Vehicle" means the motor vehicle which particulars is reflected in the Cover Schedule to this agreement, or any other motor vehicle that THE COMPANY may supply to THE CLIENT in terms of this agreement.
6. A reference to a natural person includes a legal persona;
7. In this Agreement, unless inconsistent with or otherwise indicated by the context:
  1. The headings of the clauses are intended for convenience only and shall not affect the interpretation of this Agreement.
  2. This agreement includes the Annexures and cover schedules;
  3. Words importing anyone gender include each of the other genders;
  4. Words in the singular number include the plural and vice versa;
Rental
1. THE COMPANY provides the motor vehicle reflected in the Cover Schedule to THE CLIENT who rents the motor vehicle on the terms and conditions contained in this agreement.
2. If a CLIENT elected to rent a speclflc vehicle and if such vehicle is not available for any reason whatsoever, THE COMPANY may without incurring any liability whatsoever substitute such vehicle with a Similar vehicle. If the vehicle is substituted with a vehicle of lesser value, THE COMPANY shall credit THE CLIENTS account with an amount similar to the difference between the rental value of the original elected vehicle and the rental value of the actual rented vehicle.
Duration
1. The vehicle is rented by THE CLIENT for the duration as reflected in the Cover Schedule.
2. THE CLIENT is under no circumstances entitled to extend the rental period unless such extension is confirmed by an agreement between THE CLIENT and a duly authorised representative of THE COMPANY.
3. All extensions and/or amendments made by agreement between THE COMPANY and THE CLIENT, whether in writing, oral or otherwise, shall be governed by the terms and conditions contained in this Agreement.
4. THE CLIENT shall be liable to pay THE COMPANY the rental as reflected on the Cover Schedule. If a vehicle of an increased value is rented to THE CLIENT, he/she shall be liable to pay THE COMPANY its customary rental rate for such vehicle.
5. Unless the duration of this rental Agreement is extended by agreement as speciflcallv determined in this Agreement, the insurance cover on the motor vehicle shall lapse on the date and time determined on the Cover Schedule of this rental agreement, where-after the total unlimited risk in and to the motor vehicle shall pass to THE CLIENT. THE CLIENT shall in such an event be liable for all damages whether direct or consequential. Should THE CLIENT fail to deliver the motor vehicle on the specified time and date as determined in the Cover Schedule of this agreement or any agreed extended period and without derogating from any of its rights, THE COMPANY reserves its rights to charge THE CLIENT for the extended rental period, claim damages and recover the vehicle by any means necessary.
Rental Rates
1. THE CLIENT rents the vehicle from THE COMPANY for the duration of the Agreement or the rates reflected in the Cover Schedule to this Agreement.
2. Unless otherwise agreed in writing the time and kilometer charges are calculated from the premises of THE COMPANY
3. All rental rates include maintenance to the motor vehicle but exclude the use of fuel. The vehicle shall be delivered to the customer with a full tank of fuel and THE CLIENT shall be charged for refueling the vehicle tank upon expiration of the rental period.
4. THE CLIENT shall be charged a deposit which shall be determined by THE COMPANY on date of start of this agreement which shall, subject to any retention in respect of damages or losses to which THE COMPANY is entitled to, in terms of this agreement be refunded to THE CLIENT on expiration of this agreement. THE COMPANY may at its sole discretion in lieu of the depostt, secure a credit card payment from THE CLIENT and postpone the final transmission to effect payment, to the expiration date, upon which date THE COMPANY shall cancel the credit card transaction and not effect payment, unless it has deducted and concluded the credit card payment for an amount to which it is entitled to in terms of this Agreement.
Client's Obligations
1. THE CLIENT is required to, under all Circumstances to take care and to drive the motor vehicle as expected of a responsible and diligent driver.
2. THE CLIENT is required to keep within all speed limits, adhere to all traffic regulations and signs. The vehicle will not be driven by any person whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulation or whilst under the influence of intoxicating liquor or a narcotic drug or Similar substance. Every nominated driver of the vehicle will have a valid unendorsed drivers license issued in English or translated in English, to drive the vehicle and will comply with all applicable laws and regulations and will comply in all respects with the provision of this Agreement.
3. If the motor vehicle is involved in any collision or has been stolen, THE CLIENT or appointed driver shall immediately, within 24 (twenty four) hours of the collision or theft, report the collision or theft to the nearest South African Police Station (South African Police Service telephone number 10111), and to THE COMPANY.
4. All mechanical failure of the motor vehicle should immediately be reported to THE COMPANY.
5. Irrespective of insurance cover, THE CLIENT shall be liable to THE COMPANY for all damaged or stolen radio/tape decks/CD players, tires, rims and all glass.
6. THE CLIENT shall without delay, at his/her own cost, on the agreed return date and time or when the agreement is terminated, return the vehicle in the same condition as it was received initially, to THE COMPANY at its premises or, if otherwise agreed in writing, to such destination.
7. THE CLIENT unconditionally authorizes THE COMPANY to, at any stage during or after the expiration or termination of this Agreement, recover and take possession of the motor vehicle wherever it may be located and from whomever may then be in possession of such vehicle. Any costs incurred by THE COMPANY to retrieve the vehicle will be for the account of THE CLIENT.
8. THE CLIENT authorises THE COMPANY to insert, and rectify any particulars reflected on the Cover Schedule to this Agreement due to the fact that such particulars were unavailable at the time of signature in this Agreement.
9. A valid unendorsed driver's licence, issued or translated in English and valid for not less than 5 years must be produced by the driver and/or any nominated driver at the time of rental.
10. All additional drivers must be listed on the Rental Agreement. THE CLIENT shall be charged at its customary rate for every additional driver.
11. A customary excess charge as determined by THE COMPANY shall be levied for every driver under the age of 23 years.
12. THE CLIENT shall be liable for all damages to, or loss arising from a vehicle being in the possession of or being driven by an unlisted driver.
13. A client and all the drivers of the vehicle shall be obliged to have his/her original driver's license in his/her possession whilst driving a rental vehicle.
14. THE CLIENT shall ensure that for the duration of this Agreement and during any extended period and whilst the vehicle is in his/her control, that the keys of the vehicle are under THE CLIENT or appointed driver's control.
15. If during the rental period the vehicle is involved in any accident or collision or is lost or the vehicle or any part of it is stolen THE CLIENT shall take every reasonable precaution to protect the interest of THE COMPANY.
Termination and Breach
1. Notwithstanding anything to the contrary in this agreement, THE COMPANY may within its sole discretion immediately terminate this agreement at any time by written or verbal notice to THE CLIENT, whereupon THE CLIENT shall immediately return the vehicle to THE COMPANY forthwith. The obligations of THE CLIENT and the rights of THE COMPANY under this agreement shall continue in effect until the vehicle has been returned to THE COMPANY and THE CLIENT has complied with all his obligations.
2. If THE COMPANY institutes any legal proceedings against THE CLIENT to enforce any of its rights under this agreement it shall be entitled to recover from THE CLIENT all the legal costs it incurred as agreed between THE COMPANY and its attorneys at the customary rate of its Attorneys. Such costs shall include but not be limited to tracing agent and valuation costs.
3. If any amount is not paid on due date, THE COMPANY may without prejudice to any rights it may have, charge interest on the overdue amount at a rate equal to the highest rate of the "annual finance charge rates" then permitted for in terms of the Usury act 1968 as amended.
4. THE COMPANY has agreed to accept payment from THE CLIENT by credit card or any other means as may be specitlcallv agreed between THE CLIENT and THE COMPANY.
Liabilities
1. All traffic and other related fines or penalties involving the rented vehicle during the duration of this agreement or any extended period shall be the liability of THE CLIENT. THE COMPANY is authorised but not obliged to pay any fine or penalty on behalf of THE CLIENT if he/she fails to pay the traffic fine or penalty within 7 (seven) days from date of issue and to deduct the amount and a processing fee from any deposit held by THE COMPANY or to utilise the credit card particulars provided by THE CLIENT to settle any fine or penalty.
2. THE COMPANY may within its sole discretion, charge THE CLIENT a cleaning/valet service fee if THE COMPANY deems it necessary.
3. All vehicle odometers are sealed. If they are tampered with, THE CLIENT will be charged rental at THE COMPANY'S customary rate on an additional 1 000 km per rental day. Discounted rates, including long distance, monthly and weekend rates and any applicable discount will become void under these circumstances.
4. THE CLIENT acknowledges that certain vehicles may be fitted with a vehicle tracking/management system, which is used to inter alia, record speed, illegal entry and other information relating to the vehicle. THE COMPANY shall be entitled to use such information in any court procedure or otherwise as it deems fit.
Drop-Off / Collection Charges
1. A one-way drop-off fee will be levied should the vehicle be returned to or collected from another location as per the rates determined by the company.
Cross-Border Rentals
1. Any CUENT intending to enter either of the following countries: Namibia, Mozambique, Swaziland, Lesotho and Botswana or any other country as may be added by THE COMPANY from time to time shall be charged an additional amount as determined by THE COMPANY from time to time. If THE CLIENT intends to cross the South African border he/she shall at an additional charge apply to THE COMPANY for a written letter of authorization.
2. Cross border rentals are prohibited for Zimbabwe, Angola, Zambia or Malawi and any country which THE COMPANY may determine from time to time.
3. THE COMPANY shall not be liable for tow-in charges from a location within a specific country to the South African border post. THE COMPANY shall assume liability for tow-in charges from the South African border post to THE COMPANY'S premises. THE COMPANY shall charge a client an additional roaming fee for cross border rentals.
Insurance
1. Save as provided for in this Agreement and unless THE CLIENT elects not to take insurance cover THE COMPANY shall insure the vehicle for the duration of the Agreement in terms of the general acceptable insurance terms and conditions between a business such as that of THE COMPANY and an insurer.
2. Provided that THE CLIENT complies with the terms contained in this Agreement and the general terms between an Insurer/ Insurance company and its clients, the vehicle shall for the duration of this Agreement and any agreed extended period/s, be insured for 90% of the insured damages or losses. Save as otherwise provided for in this Agreement, THE CLIENT shall be liable for the balance and excess payment of 10% of the damages or losses.
3. In addition to any term and condition contained in the Agreement between THE COMPANY and the insurer, THE COMPANY and/or the insurer may repudiate and refuse to settle any claim and be entitled to claim damages and/or losses from THE CLIENT and an appointed driver if:
  1. the vehicle was driven on unsuitable roads;
  2. if it is found that the driver was negligent;
  3. if the vehicle was driven by any person not listed as a driver in terms of this Agreement;
  4. if the vehicle was driven by any person without a valid unendorsed drivers license;
  5. if the driver drove the vehicle under the influence of alcohol or whilst being intoxicated;
  6. if damage is caused to the vehicle without the involvement of a third party or in the absence of a force majeure;
  7. if a collision or theft is not reported to the South African Police Department within 24 hours from the date of the event;
  8. THE CLIENT opted not to take out insurance on the vehicle;
  9. if the vehicle is driven or transported beyond the borders of the Republic of South Africa without the written consent of THE COMPANY;
  10. THE CLIENT and/or his nominated driver commits a material breach to this Agreement.
4. Unless specflcallv agreed between THE CLIENT and THE COMPANY, THE CLIENT, and its appointed drivers shall not enjoy any insurance cover on personal belongings of THE CLIENT and/or his nominated or non- nominated drivers and/or passengers.
5. THE COMPANY shall charge THE CLIENT a customary handling and processing fee for the processing of any insurance claim.
Whole Agreement
1. This document constitutes the whole of the agreement between the Parties relating to the subject matter hereof;
2. No amendment, alteration, addition, variation or consensual cancellation of this document (and this clause) will be valid unless in writing and signed by the Parties.
Waiver
1. No waiver of any of the terms or conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the Party giving same and any such waiver will be effective only in the specific instance and for the purpose given;
2. No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
Chosen Address
1. Each Party chooses as its address for Citation, service of legal processes, execution or any other purpose connected with this Agreement, its address set out herein which it shall be entitled to vary on notice provided that such address shall remain within the Republic of South Africa;
2. Where a Party also nominates a fax number then such number shall be chosen as an alternative address for the receipt of any notice connected with this Agreement and may be varied on notice provided that such number shall remain within the telephone system of the Republic of South Africa.
Notices
1. All notices in terms of this Agreement shall be in writing addressed to the chosen address of the Party and shall be sent by prepaid registered post or shall be physically delivered;
2. Posted notices shall be deemed to have been received on the 10th day following posting;
3. Electronic mail shall be deemed to have been received on the first business day following the day on which the Addressor received confirmation from it's service provider the electronic message has been successfully transferred to the Addressee;
4. All notices sent by facsimile shall be deemed to have been received on the first business day following the day on which the facsimile has been sent.
Severability
1. In the event that any of the provisions of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.
Limitation of Company Liability
1. Neither THE COMPANY or any party for whom THE COMPANY may be liable in law shall not be liable for any, negligence, gross negligence or omission caused by THE COMPANY or any party for whom THE COMPANY may be liable in law, to THE CLIENT, any nominated or un-nominated driver or passenger or any other person to whom THE COMPANY may be liable in terms of the Agreement or otherwise, for any loss, liability, injury or damage of whatsoever nature, including without limitation of any loss of profits and/or any special and/or consequential damages or loss, whether ariSing through providing a vehicle or through the rendering or non-rendering or attempted rendering of a service in terms of this Agreement, or in delict or otherwise.
2. THE CLIENT:
  1. hereby irrevocably waives all and any claims against THE COMPANY or any other person or entity for whom THE COMPANY may be liable in law as reflected in paragraph 16.1 or otherwise.
  2. hereby irrevocably indemnifies THE COMPANY or any other person or entity for whom THE COMPANY may be liable in law against all claims of third parties arising from the said acts or omissions of THE COMPANY or any other person or entity for whom THE COMPANY may be liable in law.
  3. without in any way limiting or derogating from the provisions of Clauses 16.1 and 16.2 THE COMPANY shall further not be liable to THE CLIENT, the appointed or non-appointed drivers, passengers or any other person for any damage, loss, liability or injury of whatsoever nature and howsoever arising, that may result from any force majeure or casus fortuitous including but not limited to any acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, tremor, flood, storm or fire.
Jurisdiction and Law
1. THE CLIENT agrees to the jurisdiction of the magistrate court in respect of any claim or dispute arislnq from this Agreement. THE COMPANY may at its sole discretion proceed against THE CLIENT or in the High Court of South Africa.
2. This Agreement shall be governed in terms of South African Law.
Credit information
1. THE COMPANY shall be entitled to carry out a credit check on a client with one or more credit agencies who may retain a record thereof and THE COMPANY shall be entitled to record any default by a client with any credit agency. Such records may be made available by the credit agency to third parties, in which case THE COMPANY shall not be held liable/responsible for any repercussions such disclosure may have on THE CLIENT.
General
1. To the extent that any provision of this Agreement is found to be void, invalid or unenforceable, for whatever reason, the parties agree to have such provision (where possible to do so whilst maintaining the purpose of the Agreement) be amended to the minimum extent possible to make it valid or enforceable, or if this is not possible, shall be deleted from the Agreement. In such Circumstances, the remainder of the Agreement shall remain in full force and unaffected.
2. If a provision in this Agreement provides for a performance subsequent to the termination or expiration of this Agreement the provision shall survive the termination or expiration of the Agreement and continue to be in full force and effect.
3. All substantive provisions contained as a definition or reflected in the Cover Schedule conferring rights or imposing obligations, shall notwithstanding that it may not be reflected in the main Agreement, be deemed a substantive provision of the Agreement.
4. If a party signs this Agreement for or on behalf of THE CLIENT, the party signing the Agreement shall be held liable with THE CLIENT jointly and severally for all obligations of THE CLIENT.
5. The party signing and concluding this Agreement for and on behalf of THE CLIENT confirms that information provided by such party is correct and that he/she has been properly mandated to conclude this Agreement for and on behalf of THE CLIENT. 2