TERMS AND CONDITIONS FOR TRAILER RENTAL AGREEMENT

R&S Trailer Hire, a division of R&S Equipment Hire

These Terms and Conditions ("Agreement") govern the rental of trailers from R&S Trailer Hire, a division of R&S Equipment Hire ("Lessor") to the renter ("Lessee"). By signing the rental agreement, the Lessee agrees to be bound by these terms.

1. Definitions

   1. "Lessor": R&S Trailer Hire, a division of R&S Equipment Hire, a company registered in South Africa.

   2. "Lessee": The individual or entity renting the trailer, as identified on the rental agreement, including any authorized drivers.

   3. "Trailer": The trailer rented under this Agreement, as specified on the rental agreement.

   4. "Rental Period": The period from the commencement date to the return date, as specified on the rental agreement, including any authorized extensions.

   5. "Rental Charges": The fees payable for the rental, as specified on the invoice, excluding VAT unless stated.

2. Rental Period and Return

   1. The Lessee shall return the Trailer to the Lessor at the agreed location by the end of the Rental Period, in the same condition as received, subject to fair wear and tear.

   2. Late returns will incur additional charges at the daily rental rate plus a penalty fee, as determined by the Lessor.

   3. The Lessor reserves the right to repossess the Trailer if not returned as agreed, with all associated costs borne by the Lessee.

3. Payments

   1. The Lessee shall pay all Rental Charges, deposits, and additional fees as specified on the invoice, via card or EFT, prior to or upon collection of the Trailer.

   2. A refundable deposit may be required, which will be returned within 7 business days of the Trailer’s return, subject to deductions for damages or unpaid fees.

   3. All amounts exclude VAT unless otherwise stated, and VAT will be charged as per South African tax laws.

4. Use of Trailer

   1. The Lessee shall use the Trailer in a lawful manner, adhering to all South African road traffic laws and regulations.

   2. The Trailer shall not be used to carry hazardous materials, for illegal activities, or beyond the borders of South Africa without prior written consent from the Lessor.

   3. The Lessee shall not sublet, transfer, or allow unauthorized persons to use the Trailer.

5. Maintenance and Damages

   1. The Lessee shall inspect the Trailer upon collection and report any pre-existing damage to the Lessor immediately.

   2. The Lessee is responsible for all damages to the Trailer during the Rental Period, excluding fair wear and tear, and shall cover repair costs as determined by the Lessor.

   3. The Lessee shall ensure the Trailer is maintained in good condition, including checking tyre pressure and securing wheel nuts before use.

6. Loss or Theft

   1. In the event of loss, theft, or irreparable damage to the Trailer, the Lessee shall be liable for the replacement cost, as determined by the Lessor, up to a maximum of the Trailer’s market value.

   2. The Lessee must report any theft or loss to the Lessor and the South African Police Service within 24 hours.

7. Limitation of Liability

   1. The Lessor shall not be liable for any loss, damage, or injury arising from the use of the Trailer, including but not limited to delays, breakdowns, or accidents, except where such liability arises due to the Lessor’s gross negligence or willful misconduct.

   2. The Lessee uses the Trailer at their own risk, as per Section 49 of the Consumer Protection Act 68 of 2008.

8. Indemnity

   1. The Lessee indemnifies the Lessor against any claims, damages, or losses arising from the Lessee’s use of the Trailer, including third-party claims.

9. Breach and Termination

   1. The Lessor may terminate this Agreement immediately if the Lessee breaches any term, including non-payment or misuse of the Trailer.

   2. Upon termination, the Lessee shall return the Trailer immediately, and all outstanding fees shall become due.

10. Governing Law and Dispute Resolution

    1. This Agreement is governed by the laws of South Africa.

    2. Any disputes arising from this Agreement shall be subject to the jurisdiction of the South African courts. The parties may also opt for mediation or arbitration as per the Arbitration Act 42 of 1965.

11. Severability

    1. If any provision of this Agreement is found to be invalid or unenforceable, it shall be severed, and the remaining provisions shall remain in full force and effect.

12. General

    1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.

    2. The Lessee acknowledges receiving a copy of this Agreement in a language they understand, as required by the Consumer Protection Act.

    3. The Lessee consents to the Lessor reporting payment defaults to credit bureaus, in compliance with the National Credit Act 34 of 2005.