Terms & Conditions

CONDITIONS OF HIRE

The terms and conditions set out below shall be the basis of all Equipment Lease Agreements with TOP TOOL & PLANT HIRE (“Lessor”), which shall be concluded at the moment when a Rental/Lease Agreement Form is completed by any person, persons or body corporate (“Lessee”) and the equipment is handed over by Lessor to the said Lessee. 

  1. LEASE TERM

The term of the lease shall commence and end on the dates described in the Rental/Lease Agreement Form. 

  1. INSPECTION 

All equipment leaves the Lessor’s premises in a clean and working condition.  The Lessee will satisfy him/her/itself, on taking possession of equipment, that it is in a working and undamaged condition.  In the event that the equipment appears damaged when the Lessee collects the equipment, the Lessee must notify the Lessor immediately upon first inspection of the equipment and Lessor shall negotiate a mutually agreeable solution with the Lessee.  

  1. USE 
    1. The Lessee shall use the equipment in a careful and proper manner and   shall comply with and conform to all national, provincial, municipal, police and other laws, ordinances and regulations of the Republic of South Africa in any way relating to the possession and use of the equipment. 
    2. The Lessee undertakes at all times to ensure that:
      • Oil and lubricant levels are maintained;
      • All fuel for two stroke petrol engines will only be obtained from the Lessor;
      • No air filter will at any time be removed from any equipment;
      • Any extension cord used for any electrical equipment will only be used in accordance with “O TOOL HIRE GUIDE”
    3. If a call-out is requested by the Lessee due to breakdown or defect that 

occurred due to the negligence of the Lessee such as equipment running out of fuel or equipment not being switched on, and an O TOOL technician needs to intervene, refuel, bleed or switch on the equipment, the applicable hourly rate will be charged from the time the technician leaves the Lessor’s premises up until the time of the technician’s return.

  1. DELIVERY, RETURN AND REPAIRS 
    1. All equipment will be delivered in front of the Lessee’s premises. 
    2. All equipment shall be returned by 08:30 am to avoid additional charges.  
    3. In the event that the equipment is collected from the Lessee, it will be collected in front of the Lessee’s premises.  The Lessee shall ensure that the equipment is readily accessible, properly vacated and properly recoverable. 
    4. Upon return or collection such equipment will be inspected by the Lessor.  If any equipment is returned or collected in a condition where repairs are necessary, it will be for the Lessee’s account.  This clause does not include costs associated with the ordinary wear and tear resulting from the proper use of the equipment.  
  1. OWNERSHIP

All rented equipment is and at all times be and remain, the sole and exclusive property of the Lessor. Neither the Lessee, nor any person/ persons/ body corporate associated with the Lessee, shall have any right, title or interest therein or thereto except as set forth in the Equipment Lease Agreement. Neither the Lessee, nor any person/ persons/ body corporate associated with the Lessee shall have the authority to transfer or otherwise part with possession of the equipment during the lease period. 

  1. DAMAGE, LOSS AND LIABILITY
    1. The Lessee accepts full responsibility for any loss or damage to equipment after it has been removed from the Lessor’s premises, at the request of the Lessee. If any equipment is lost while in the Lessee’s possession, full hire is payable until the equipment is returned or paid for in full at the Lessor’s full retail price.
    2. The Lessee shall be obliged to notify the Lessor of any defects or deficiencies in the equipment which are, or which become apparent, and/or are notified to the hirer by the user, immediately by the quickest practical methods.
    3. It shall be the absolute responsibility of the Lessee to ensure the safe keeping of equipment. 
    4. The Lessee acknowledges that he/she/it is fully acquainted with the capabilities, specifications and operations of every piece of equipment leased/hired.
  1. OUT-OF-STOCK EQUIPMENT AND MULTIPLE EQUIPMENT ORDERS
    1. The Lessor will make the equipment available to the Lessee as it becomes available.  Where the equipment ordered is out-of-stock, delaying fulfilling the Lessee’s order, the Lessor will keep the Lessee informed.  
    2. For a multiple equipment order, the Lessor, will make every attempt to make available to the Lessee all equipment contained in the order at the same time.  Equipment that is unavailable at the time of the collection may be collected as they become available. 
    3. If any equipment reserved for a Lessee is not available timeously the Lessee cannot hold the Lessor responsible for any losses suffered by the Lessee or their client or agent.
  1. INDEMNITY 
    1. The Lessee shall indemnify the Lessor and all its personnel against, and hold the Lessor and all its personnel harmless from, any and all claims by the Lessee or a third party including injury to persons and/or damage to property, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from the Lessee’s use of the equipment and/or the Lessee’s use of the equipment for any other purpose than it was designed for and/or the Lessee’s conduct or omission pertaining to the removal of all equipment from the relevant premises. 
  1. REPOSSESSION
    1. The Lessor has the right to access any location where equipment may be, for repossession if the Lessee contravenes any of these conditions.
    2. The Lessor shall at all times be entitled to have access to the site and to inspect the equipment.
    3. Charges incurred will be for the account of the Lessee.
    4. It is the Lessee’s duty to obtain a proper signature from an authorized person at the Lessor’s premises, confirming the return of the equipment.
  1. DISCLAIMER
    1. Every effort is made to assure that descriptions and prices are correct.  The Lessor reserves the right to correct errors as needed.  All prices and availability are subject to change without notice. 
    2. The Lessor does not undertake to furnish the Lessee with any technical advice, but should the Lessor do so, it does not warrant the correctness of the technical advice provided.
  1. ENTIRE AGREEMENT

This Equipment Lease Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation preceding the date of the Equipment Lease Agreement.  This agreement may be modified in writing and must be signed by both the Lessor and the Lessee. 

  1. LEGAL ASPECTS AND GOVERNING LAW
    1. All disputes or difference relating to this lease, whether during this Agreement, upon or after it’s discharge, arising between the parties hereto, shall at the written election of the Lessor either be referred to the appropriate Court having jurisdiction or to the Lessor’s attorneys for the time being, for a decision. The said Attorney’s decision, who shall act as agreed experts, shall be final and binding on the parties.
    2. The signatory to this Equipment Lease Agreement warrant that he/she/it is duly authorized to sign on behalf of the Lessee described on the reverse side hereof.
    3. The signatory/signatories to the Equipment Lease Agreement binds/bind himself/herself/themselves in his/her/their representative as well as personal capacity, jointly and severally as surety and co-principle debtor/s in solidum unto the Lesser for the timeous payments of all amounts and the proper fulfillment of all other obligations which are payable and to be complied with by the Lessee in terms of this agreement. 
    4. Interest on any overdue account will be charged at the rate allowed and prescribed by the Usury Act 73 of 1968.
    5. The Lessee shall be liable to the Lessor for all legal fees, on an attorney and own client scale including costs associated with tracing, collection or valuation, incurred by the Lessor in the event of:
      1.  Any default by the Lessee; and/or
      2.  Any litigation in regard to the validity and enforceability of this Equipment Rental Agreement.
    6. If any term, provision or condition contained in this Equipment Rental Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each and every other term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent possible permitted by law. 
    7. This Equipment Lease Agreement shall be construed and enforced according to the laws of the Republic of South Africa.