11.5. Where the damage to the Vehicle is of such a nature that the cost of
repair exceeds the value of the Vehicle the Rentee shall be liable for
the difference between the Fair Value of the Vehicle and the
compensation paid by the Rentor’s insurer for the Vehicle.
11.6. Similarly, where the damage to the Vehicle may not render the Vehicle
a write-off but the Vehicle suffers damage that affects its Fair Value,
the Rentee shall be responsible for the difference between the actual
value of the Vehicle after the accident, as determined by an expert
and the Fair Value thereof;
11.7. Subject to the provisions of paragraphs 11.5 and 11.6 above, the
Rentor, at its sole discretion and once the Rentor has been
compensated for its loss aforementioned, may provide to the Rentee a
replacement Vehicle of similar value and specifications where the
Rentee’s Vehicle is damaged beyond repair
The Rentee may accept the replacement Vehicle or elect to exercise
his right to Early Termination of the Agreement.
12. FINES AND PENALTIES
12.1. The Rentee shall be responsible for fines and penalties imposed for
road traffic offences provided that the Rentee shall pay the fine or
penalty imposed together with an administrative fee of R250 for each
fine or penalty, upon demand by the Rentor;
12.2. In circumstances where the Rentee receives 12 or more traffic fines or
penalties during a 12 month cycle this shall be deemed to be a
material breach of the Agreement, and the Rentor shall be entitled, at
its discretion, to terminate this Agreement forthwith and proceed in
accordance with paragraph 22 below;
12.3. The Rentee shall pay all road tolls levied, provided that where the
Rentee does not pay such toll or does not subscribe for an e-toll tag,
then any such tolls that become payable by the Rentor shall be paid
by the Rentee together with an administration fee of R250 for each toll
claim, upon demand by the Rentor.
13. ROAD LICENSE
The Rentor shall be responsible for the renewal of the annual road
license.
14. TRACKER AND IMMOBILISER
14.1. A tracker and immobilizer device shall be installed in the Vehicle prior
to delivery;
14.2. Under no circumstances whatsoever shall the Rentee be entitled to
remove the tracker and the immobilizer device and any removal
thereof shall be deemed to be a material breach of this Agreement
permitting the immediate termination of this Agreement by the Rentor;
14.3. The Rentee irrevocably consents to the Vehicle being tracked by the
Rentor and irrevocably consents to the Vehicle being remotely
immobilized where-:
14.3.1. the Vehicle has been stolen or has been used without authority; or
14.3.2. in circumstances where the Rentee is in breach of the payment terms
of this Agreement and has failed, despite written notice having been
given, to rectify the breach.
15. REMOVAL OF THE VEHICLE
15.1. The Rentee irrevocably consents to the removal of the Vehicle from his
possession in circumstances where he is in breach of a material term
of the Agreement and the Rentor has complied with the provisions of
paragraph 22 below;
15.2. The aforesaid removal does not preclude the Rentee from such other
rights as he may have in law to dispute the alleged breach and to seek
the return of the Vehicle.
16. DAMAGE AND LOSS LIABILITY WAIVER
16.1. The Rentee’s liability in the case of accident damage or loss through
theft or highjacking is limited by the Damage and Loss Liability
Waivers and the Rentee will only be liable for the amount in excess of
the Damage and Loss Liability Waivers as referred to in paragraph 1;
16.2. The Rentee shall provide to the Rentor all the information which might
be relevant to the Damage and Loss Liability Waivers;
16.3. Where the Damage and Loss Liability Waivers may not include cover
for windscreens or tyres, the Rentee shall be liable for the cost of
repairing and replacing the windscreen, any other glass and the tyres
fitted to the Vehicle during the term of this Agreement;
16.4. The Rentee shall be responsible for any damage or loss to the vehicle
where a claim is repudiated on one or more of the general conditions
or exceptions under the Rentor’s Insurance Policy and where the
Rentee is the cause of the repudiation.
17. RETURN OF THE VEHICLE
17.1. At the conclusion of this Agreement or upon its termination for any
reason, the Rentee shall return the Vehicle to the Rentor, together
with the keys, accessories, instruction books (if any), the service and
warranty books and the spare wheel;
17.2. The Rentor shall conduct an inspection of the Vehicle and once
satisfied that the Vehicle has been returned in good order and all keys,
accessories, the instruction books (if any), the service and warranty
books and the spare wheel have been returned, the Rentor shall
return the deposit and the key deposit to the Rentee;
17.3. Where the Rentor is required to effect any repairs to the Vehicle or
replace accessories, keys or the spare wheel, wear and tear excluded
(provided it falls within the maximum distance) this shall be for the
Rentees account and the Rentor shall request payment from the
Rentee or deduct these costs from his Security and / or Key deposit,
provided that when the deposit is insufficient, these costs may be
charged to the Rentees credit card and/or bank account;
17.4. The Vehicle must be returned promptly upon the Expiry Date in terms
of paragraph 1.1. Where the Vehicle is not returned on the expiry date
the Rentor shall charge the Rentee the Total Monthly Rental payable
in terms of paragraph 1.2 plus an additional penalty equal to 20% of
the aforesaid rental;
17.5. It is recorded that this Agreement is a rental agreement only and as
such the Rentee will not assume ownership of the Vehicle upon the
expiry of this Agreement nor is the Rentor under any obligation to offer
the Vehicle for sale to the Rentee.
18. THE NATIONAL CREDIT ACT
The provisions of the National Credit Act No 24 of 2005 do not apply to the
transaction recorded in this Agreement.
19. EARLY TERMINATION
19.1. An Early Termination arises in the following circumstances:
19.1.1. Where the Rentee’s vehicle has been damaged beyond commercial
repair but subject to the Rentor being compensated as envisaged in
paragraph 11.6, the Rentee may elect to exercise his right to and Early
Termination of the Agreement.
19.1.2. the death of the Rentee;
19.1.3. by agreement between the Rentor and the Rentee;
19.1.4. for good cause, at the discretion of the Rentor.
19.2. In order to exercise the right to an Early Termination the Rentee shall
deliver written notice of Early Termination to the Rentor, whereafter Early
Termination shall be considered.
20. WARRANTIES
The Rentee warrants-:
20.1. That a full disclosure of all material facts has been made which would
have enabled the Rentor to make an informed decision when concluding
this Agreement and renting the Vehicle to the Rentee;
20.2. The Rentee has a valid and current drivers license which has not, in the
12 months preceding the Delivery Date, been revoked, suspended or
endorsed;
20.3. He has not been refused insurance by any motor vehicle insurer for a
period of 5 years preceding the Delivery Date;
20.4. All credit card and bank account details provided by the Rentee to the
Rentor are correct, current and accurate.
21. INDEMNITIES
The Rentee hereby indemnifies the Rentor and holds it harmless against-:
21.1. Any road traffic fines, penalties or levies imposed by any Road Traffic or
Municipal authority;
21.2. Any claims of whatsoever nature, by any third party as a result of any
incident involving or which relates to the Vehicle or the Rentee’s use
thereof, and where such claim is not covered by the Vehicle’s insurance
policy.
22. BREACH
22.1. In the event that the Rentee-:
22.1.1. has made any misrepresentation to the Rentor relating to this
Agreement;
22.1.2. breaches any material term of the Agreement;
22.1.3. voids the manufacturers warranty or incurs damage to the Vehicle in
circumstances where the Rentor’s insurer repudiates the claim;
22.1.4. fails to maintain the Vehicle in accordance with the maintenance
provisions of this Agreement;
22.1.5. repeatedly disobeys the Road Traffic Laws;
22.1.6. has his license suspended, revoked or restricted in any way; then
22.2. the Rentor shall be entitled, without prejudice to any other rights it may
have, to terminate this Agreement forthwith by giving the Rentee written
notice of the breach and may thereafter:
22.2.1. collect and repossess the Vehicle without being required to obtain an
order of court;
22.2.2. recover all outstanding rentals due in terms of this Agreement, all of
which shall become immediately due and payable in full in the event of
such breach;
22.3. Where the Rentee fails to pay timeously any amount payable in terms of
this Agreement after having been given 5 days written notice to remedy
such default, the Rentor shall be entitled to cancel this Agreement and
without prejudice to any other rights it may have, collect and repossess
the Vehicle as permitted in 15.1.
23. ADDRESSES AND NOTICES
23.1. For the purpose of this Agreement, including the giving of notices in
terms hereof and the serving of legal process, the parties choose
domicilium citandi et executandi (“domicilium”) as indicated in paragraph
1.
23.2. Any notice or communication given in terms of this Agreement, may be
delivered by hand to the domicilium chosen by the party concerned. Any
notice or process delivered on any party in connection with any matter or
subject arising out of this Agreement or any notice shall be deemed to
have been delivered if handed to any responsible person at the
domicilium chosen by any party and it shall not be necessary to hand
such process or notice to any party personally.
23.3. Any of the parties shall be entitled from time to time, by written notice to
the others, to vary its/his domicilium to any other physical address within
the Republic of South Africa.
23.4. A notice given as set out above shall be presumed to have been duly
delivered on the date of delivery if delivered by hand.
23.5. Any notice which is transmitted by electronic mail to the recipient at the
recipient’s e-mail address for the time being shall be presumed, until the
contrary is proved by the recipient, to have been received by the recipient
on the first business day after the date of successful transmission
thereof.
23.6. Notwithstanding anything to the contrary herein contained, a written
notice or communication actually received by a party shall be an
adequate written notice or communication to it/him notwithstanding that it
was not sent to or delivered at its/his chosen domicilium citandi et
executandi.
24. GENERAL
24.1. This Agreement constitutes the whole Agreement between the parties
relating to the subject matter hereof.
