GENERAL TERMS AND CONDITIONS STORAGE AGREEMENT

THE CUSTOMER CONFIRMS BY CLICKING ON THE “I AGREE” BOX ON COMPLETION OF HIS/HER ORDER THAT HE/SHE HAS READ, UNDERSTOOD AND AGREES TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE RENTAL SCHEDULE AND IN THESE GENERAL TERMS AND CONDITIONS

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1. Scope and definition

These general terms and conditions of storage are applicable to all Self Storage agreements between a company called POD IT SELF STORAGE, Registration Number 2017/324611/07, and/or any of its Affiliates defined below (hereinafter called ‘Podit’ on the one hand), and parties using mobile storage space/containers (or any other Podit storage product or service that is made available from time to time), hereinafter called ‘the Customer’ on the other hand.

The Podit storage products and containers are called “POD’s” and this Storage Agreement including these General Terms and Conditions is hereinafter called ‘the Agreement’. All goods which are stored or placed anywhere in the Podit storage facility (including the POD) are referred to as ‘the stored items’.

The Podit Affiliates include the following entities namely Pod It Broadlands (Pty) Ltd, Registration Number 2020/706123/07, Pod It Paarl (Pty) Ltd, Registration Number 2021/377719/07, Pod It Langverwacht (Pty) Ltd, Registration Number 2021/386894/07, Pod It Chilwan (Pty) Ltd, Registration Number 2021/979253/07, Pod It Rand (Pty) Ltd, Registration Number 2022/466305/07, Pod It Planken (Pty) Ltd, Registration Number 2022/745604/07 and Pod It Industria (Pty) Ltd, Registration Number 2023/769356/07.

2. Purpose and use

2.1 Podit grants the Customer a right to rent and use the POD in accordance with the terms of the Agreement for the sole purpose of storing goods as permitted herein, or subject to the provisions of clause 3 below, and provided the express written consent of Podit is granted to conduct certain approved business operations therein. The customer may not use the POD for another purpose.

The Customer hereby acknowledges and expressly agrees that nothing in the Agreement shall be construed so as to create any legal or proprietary interest in the POD. Podit shall not for any purpose whatsoever act as a warehouse keeper, guardian or custodian of the stored items. By entering into the Agreement, Customer warrants having sole legal and beneficial title to the stored items and accepts any and all liability in connection with the stored items. The Customer indemnifies and will hold Podit harmless against any claim or cost or any action or proceeding in connection with the stored items from any third party, including disputes in connection with the ownership or rights to possession.

2.2 The Customer will use the POD with due care and in accordance with the permitted use and the Agreement. The POD must be kept locked at all times. The Customer is not allowed to dispose of waste in the POD and in the event that the POD is used to dispose of waste, the Customer will be liable to Podit in respect of any waste disposal costs.

2.3 The Customer confirms having inspected and accepted the POD in good condition and in that it conforms with the legal and agreed use which the Customer expects to make of it. The Customer understands and accepts the safety and security provisions of this Agreement. Podit explicitly provides no warranties and accepts no liability whatsoever with regard to the legal and agreed purpose and use, as well as the safety and security expectations of the Customer.

2.4 The Customer will comply with the provisions of this Agreement, the law and local regulations and the instructions of the local and national authorities, the utility companies and insurers insofar as they may be contained herein or communicated by Podit to the Customer from time to time.

2.5 The Customer acknowledges and accepts full responsibility and liability for all acts of persons who have access to the POD or use the access code of the Customer and references to ‘Customer’ in these terms shall be treated as references to any such persons.

2.6 The Customer is bound to use the POD in such a way that no damage to the environment or any disturbance to other users (e.g., noise by radio’s or equipment, dust, smell, leakages) in any form can originate or can reasonably be expected to originate from the POD, and is bound to take sufficient precautionary measures to prevent any such environmental damage or nuisance.

2.7 The Customer may not operate a business from Podit’s premises unless approved by Podit as referred to in clause 2.1 above, and subject to the terms below. Customers who use the PODs for storage purposes only are not allowed to access their POD more than 10 times per month.

3. Conduct of business

3.1 Should the Customer wish to use the POD for business purposes, the Customer must complete the application form on the Podit website and submit the application to Podit.

3.2 The Customer acknowledges and agrees that Podit may approve/reject the Customer application in its sole discretion and will not be obliged to provide any reasons for its decision.

3.3 Any approval by Podit will also be subject to such further terms and conditions as Podit may in its sole discretion prescribe including, but not limited to, terms relating to business hours, number of visitors, refuse and sanitation requirements, signage, etc.

3.4 The Customer shall further be solely liable to obtain all necessary licenses and approvals for such business and indemnifies Podit against any loss, damage or claims resulting from the conduct of business by the Customer in the POD or on the Podit premises or any breach by the Customer of any applicable laws.

3.5 The Customer further acknowledges and agrees that Podit does not warrant that the PODs will be fit for the purpose of the Customer’s business and the Customer will have no claim against Podit in this regard. The Customer shall not be entitled to make any modifications to the POD whatsoever.

3.6 Podit may, notwithstanding any other provisions of these terms and conditions, terminate this Agreement and the Customer’s access to the POD immediately if at any time Podit is of the view that the business conducted by the Customer is dangerous, hazardous, noisy, illegal or in any other way in breach of the terms and conditions.

4. Term of the Storage Agreement

Unless otherwise agreed under the special conditions, a Storage Agreement is concluded for an initial minimum period of one month. After this initial minimum one month period, the contract will continue for an indefinite period and can be cancelled any time in writing by either party at will, by giving a minimum written notice of one calendar month. A calendar month, for the purpose of termination of this Agreement, is defined as commencing on the first day of a particular month and ending on the last day thereof.

5. Storage charges and late payment

5.1 All storage charges and fees will be invoiced per calendar month or pro rata thereof, if applicable, together with any VAT payable (where applicable). A calendar month, for the purpose of invoicing in terms of this Agreement, is defined as commencing on the first day of a particular month and ending on the last day thereof.

5.2 Upon signing the Agreement, the Customer must pay the first invoice at signature comprising all storage charges, service fees and costs related to the 1st month of storage. The Customer will also always have to pay the storage charges, service fees and costs in advance for the following calendar month on or before the first day of the subsequent calendar month.

5.3 Podit reserves the right to periodically review the storage charges and fees. Reviewed charges and fees are applicable 30 calendar days after written notice is provided by Podit.

5.4 Podit may, at its own discretion, proceed with paper invoicing or electronic invoicing of the monthly storage charges and fees (using the email address specified by the Customer in case of electronic invoicing). If the Customer insists on getting paper invoices through the post, Podit will charge a monthly fee for this service provided. The Customer accepts e–mail as a proper and sufficient method of communication between the Customer and Podit, for all purposes.

5.5 If the payment of the monthly storage charge and fees is not received in full on the due date, Podit may deny the Customer access to the POD until such time that the total outstanding balance is settled. Podit may also charge an administrative fee after the first reminder notice and also after each subsequent reminder notice.

5.6 If any storage charge or fee due under this Agreement is not paid within 30 days of the due date Podit has the following additional rights:

(a) to break the existing lock on the POD and install a new one,

(b) to remove the stored items from the POD to such alternative storage facilities as Podit may decide without incurring any liability for loss or damage arising by value of such removal,

(c) to charge the Customer the full costs of removal of the stored items from the POD and storage costs elsewhere together with any repeated cost thereof should Podit require that the stored items be moved at any time thereafter,

(d) to terminate the Agreement and to charge in the meantime a monthly occupancy fee for an amount equal to the monthly storage charge,

(e) to consider the stored items in the POD as abandoned goods and to dispose of these goods at PODit’s sole discretion.

The proceeds of any sale in accordance with paragraph 5.6 may be retained by Podit and applied to discharge any expenses incurred by Podit in exercising PODit’s rights under this clause and any further sums owing to Podit under this Agreement. The balance of the proceeds will then be refunded to the Customer (or to a relevant insolvency practitioner in the case of the insolvency of the Customer); to the extent that the Customer cannot be located or fails to collect the balance of the proceeds such proceeds will be held on behalf of the Customer by Podit. Nothing in this clause shall prejudice PODit’s entitlement to payment of storage charges or any other sum due to Podit hereunder whether or not Podit has chosen to exercise any or all of its rights as set out above.

5.7 The Customer agrees that all the stored items in the POD shall be security for Podit’s entitlement to payment of the storage charges, fees and any other sums due to Podit, and that access to the stored items in the POD may be denied until such time as full payment is obtained. In particular, the Customer acknowledges that Podit, in its capacity as lessor, has a lien as a form of security on all goods stored in the POD.

6. Access Notices

6.1 Entering the storage facility

The Customers is only permitted to access the loading bay and offices at the Podit storage facility and no further.

6.2 Customer access to the POD

The Customer is solely responsible for the correct locking of the POD. A lock may be purchased from the Podit online store.

7. POD and availability of the POD

7.1 The POD is provided by Podit and accepted by the Customer in a good and clean state without defects.

7.2 Podit always has the right, at no extra charge to the Customer, to provide the Customer a different POD of a similar or bigger size.

7.3 If no POD of the agreed size is available on the agreed move-in date, Podit has the option

(i) to provide the Customer with another POD, which meets the Customers’ requirements or

(ii) suspend the Agreement until a POD of the agreed size becomes available. In the latter event the Customer’s obligations by virtue of the storage agreement are suspended until the POD is made available to the Customer and the Customer owes no charges up to the date on which a POD can be made available. In addition, as the sole remedy to the Customer, the Customer has the right to terminate the Agreement against full refund of the storage charges and fees paid. Podit is not liable for damage occurring to the Customer as a result of any delay in availability.

7.4 The Customer shall not be entitled to exclusive possession of any POD. Podit shall be entitled at any time to specify an alternative POD and may, subject to providing the Customer with at least 14 days advance notice require that the Customer move the stored items so such alternative POD.

8. Forbidden goods and activities

8.1 The Customer is strictly forbidden from storing the following goods in the POD (this list is not exhaustive):

Cash money, securities, stocks or shares,
Any item which emits any fumes, smell or odour,
Birds, fish, animals or any other living creatures
Refuse and other waste materials (including animal and toxic / hazardous waste materials),
Food and other perishable goods (subject to decay unless securely packed so that they are protected and do not attract vermin or cause any other form of nuisance,
Firearm, explosives, weapons or ammunition,
Any illegal substances such as drugs, illegal items or goods illegally obtained such as smuggled or stolen goods, etc.,
Chemicals, radioactive materials, biological agents, asbestos and / or processed asbestos,
Artificial fertilizer,
Gas bottles or any other compressed gases and/ or batteries,
Fireworks,
Combustible or flammable materials or liquids including diesel and petrol;
Any other toxic, flammable or hazardous substances or preparations that are classified as such under any applicable law or local regulations such as:

- explosive substances and preparations such as spray cans including air – fresheners, hair lacquer, car paint, varnish and car windscreen defroster; sprays and (liquid) gases such as LPG, hydrogen, acetylene, propane gas and butane;

- oxidising substances and preparations such as hydrogen and other peroxides, chlorates, strong saltpetre and perchloric acids;

- highly flammable substances and preparations such as petroleum, benzene, burning alcohol or methyl alcohol, turpentine, white spirit, acetone, paint, windscreen defroster, air freshener, close–contact adhesive and neoprene adhesive;

- highly toxic substances and preparations such as methyl alcohol, stain removers, pesticides;

- harmful substances and preparations such as cleaning products, paint thinners, wood preservatives products, paint removers;

- caustic substances and preparations such as unblocking agents for pipes, decalcifying products, caustic soda, strong acids, caustic products such as oven and toilet cleaners;

- irritants and preparations;

- sensitising substances and preparations;

- carcinogenic substances and preparations;

- mutagenic substances and preparations;

- substances and preparations that are dangerous to the environment such as CFCs PCBs and PCTs; pesticides and heavy metals such as mercury in thermometers, cadmium and zinc from batteries, lead and copper;

- pesticides and herbicides

Most toxic, flammable or hazardous substances can be recognised by the following symbols:

Explosive / risk of explosion

Oxidising, facilitates the ignition of another product

Toxic,dangerous product that can be deadly

Harmful / irritant, harmful or irritant (including genetically harmful substances)

Caustic / corrosive, affects the skin or materials.

Environmentally dangerous, a danger to the environment.

Flammable, flammable products

8.2 The POD may not be used for any illegal or criminal activities.

8.3 If the Customer acts in violation of clause 8.1 and/or 8.2 above, the Customer shall indemnify Podit for any damage Podit may suffer as a result and the Customer may be exposed to criminal prosecution. Podit will not inspect or verify the stored items and their compliance with the terms of this Agreement.

8.4 in the event that Customer is suspected of being in violation of this Agreement, in particular clause 8 hereof, Podit has the right but not the obligation to notify the competent authorities and allow these to access the POD for verification purposes all at the Customers’ expenses and the Customer will have no claims against Podit for allowingsuch authorities with access to the POD. Podit may, but is not obliged, to notify the Customer hereof.

9. Liability and exclusion of liability

9.1 Customers are solely liable for the manner in which the stored items are packed/stored in the PODs butu Customers are advised to store heavier items at the bottom. The maximum weight of the POD and its contents in the case of the mobile storage unit should not exceed 750kg and in the case of a half container 2000 kg and container 4000kg and 12m container 6000kg . In the case that it does exceed this limit, the customer will be asked to rent another POD.

9.2 The storage of the stored items in the POD is and remains always at the sole risk of the Customer. Podit shall not be liable for any damage to the stored items whatsoever nor shall Podit be liable for any property damage or for any economic loss of the Customer.

Although Podit has taken steps to ensure that the Podit facility is secure in the manner stated on the webpage, Podit provides no warranty to the Customer with regard to supervision of the storage facility or the POD or with regard to the security of the storage facility.

Podit shall will not check the stored items in order to verify that the stored items are suitable for storage in a POD or ensure that the stored items comply with relevant regulations or the terms and restrictions of this Agreement and Podit accepts no liability for any loss suffered by the Customer in the event that the storage of the stored items in the POD is inappropriate, unsafe or illegal.

9.3 Podit will always permit inspections or controls by the local, regulatory or criminal justice bodies or authorities in or on the POD when requested to do so and will not inform the Customer nor verify the rights of inspection. Podit shall not be liable for the consequences of any such inspection or control including (without limitation) any damage to the stored items and/or locks and fittings. The Customer is liable at all times with respect to Podit for any damage Podit could suffer as a result of these controls and inspections.

9.4 Customer shall indemnify Podit on a continuing basis against costs, claims, liabilities, damages or expenses which Podit suffers or incurs in connection with the use by the Customer of the POD including without limit any claims made by any third party or authority in connection with the misuse of a POD by the Customer.

9.5 Podit does not accept any responsibility and will not be held liable for any damage, injury, or death resulting from the use of our premises, goods or facilities. Although Podit will take measures to ensure the safety of our premises and utilities, including but not limited to the stairs, forklift, and storage units, the use of our premises and anything contained within are at own risk.

Disclaimer: Entry to this property is entirely at your own risk. The Management & Employees of PODIt Self Storage and any other Affiliate/s will not held responsible for any damage or loss to any goods or property or person.

All security and safety notices on these premises must be strictly adhered to.

The right is reserved by the owners/security personnel to check and search any person, vehicle or goods entering and/or leaving these premises.

Potentially hazardous vehicles and items are present on this site. Please proceed with caution.

9.6 The Customer agrees that given

(a) the availability of insurance to protect the value of the stored items,

(b) the fact that Podit has taken no steps to verify the Customer’s usage of the POD.

(d) the potentially large difference between the charges and fees paid by Customer to Podit and the damage which the Customer may suffer, the exclusions and limitations of liability in this paragraph 8 are fair and reasonable.

10. Duty to insure

During the entire term of the Agreement the Customers shall insure the stored items for losses and damages under an all-risks insurance up to a level selected by the Customer but sufficient to cover the full value of the stored items. Risk of loss is the Customer’s risk and failure to do so will mean that in the event of loss of the stored items due to any cause (including gross negligence of Podit) the Customer shall be solely liable for such losses.

11. Non-compliance with the Agreement and Termination

11.1 In the event that the Customer:

(a) does not comply with any obligation imposed under law, local or national regulations or customs; or

(b) fails to comply with the terms of this Agreement (including any failure to make payment of charges and fees due); or

then Podit has the right to terminate the Agreement at any time without notice and without prejudice to any of its rights and remedies and shall be entitled to payment of all losses, charges, fees and all other sums due hereunder.

11.2 In the event of termination of this Agreement the Customer will be informed and must collect the stored items within fourteen days of such notification. If the Customer fails to collect the stored items then Podit may exercise any of the rights set out in clause 5 hereof including the right to sell or dispose of the stored items.

11.3 The Customer shall reimburse to Podit all actually incurred costs of Podit in connection with debt collection and enforcement of the Agreement on an attorney-and-own-client scale.

12. Prohibition of subletting and assignment

12.1 The Customer may not sublet or share the POD in full or in part.

12.2 The benefit of this Agreement is personal and Customer shall not be capable of assignment to any third party without the prior written approval of Podit. The right to occupy the POD can only be exercised by the Customer.

12.3 Podit is entitled to transfer its rights and obligations under the Agreement to any other company without the prior approval of the Customer.

13. End of the Agreement

At the end of the Agreement, Customer must return the POD to Podit clean, tidy and unlocked and in the same condition as at the commencement date of the Agreement (save for normal wear and tear) and, if in default thereof, shall reimburse Podit the costs expended by Podit in making good any damage caused by Customer.

14. Customer must remove all Goods in the POD .

All stored items left behind by the Customer after the ending of the Agreement will be considered as either transferred by the Customer to Podit or abandoned by the Customer ( res derelicta ) as decided by Podit. The stored items will be removed at the expense of the Customer. The Customer remains fully liable for all costs and damage resulting from leaving/abandoning the stored items. Podit is hereby granted full authority by the Customer to sell the stored items.

15. Notices, change of address

15.1 From the start date of the Agreement, Podit may, at its own discretion, issue any notice or communication to the Customer either by post (at the address indicated in the Agreement) or by email or other electronic means (at the email or other electronic address provided by the Customer).

15.2 The Customer must inform Podit in writing of a change of its postal or electronic address and telephone number prior to any such change taking effect.

16. Privacy

16.1 The Customer’s personal data are processed by Podit under the applicable South African data protection laws and in accordance with Podit’s Privacy Policy.

16.2 Podit will not share the Customer’s personal data with any outsider or third party, save when compelled to do so by way of a court order or legislative provision, and will use the Customer's personal data solely for the reason that it was given to Podit by the Customer and no other purpose whatsoever.

17. Applicable law and competent court

17.1 The Customer agrees to the jurisdiction of the Magistrate’s Court to settle any dispute that may arise out of or in connection with this Agreement, without prejudice to the right of Podit to bring suit at another Court which has jurisdiction under the applicable law.

17.2 The laws of the Republic of South Africa are exclusively applicable to this agreement.

18. General

18.1 If a part of the Agreement is null and void or subject to annulment, the validity of all and any other part of the Agreement remains unaffected. Any void or annulled clause will be replaced by a valid clause that will most closely correspond to the clause previously agreed by the parties before the parties become aware of such nullity or nullification.

18.2 The Customer understands and accepts these general terms and conditions of storage and the Customer accepts that these terms are available to the Customer in print and in an online manner on Podit’s website.

Podit has the right to modify these general terms and conditions of storage (Customer will be informed on any changes before implementation via email or the Podit website). Modified general terms and conditions are applicable thirty days after notice is received from Podit or website posted. The Customer is considered to be in agreement with any such changes if the Customer has not otherwise informed Podit in writing within the stated thirty day period. In the event of a proposed change to the general terms and conditions, the Customer is entitled to end the Agreement as of the commencement date of the amended general terms and conditions (taking however into account a minimum notice period of fifteen calendar days).

18.3 Where two or more customers constitute the Customer, all obligations shall be joint and several.

TRAILER HIRE TERMS AND CONDITIONS

BY RENTING A TRAILER, THE CUSTOMER ACKNOWLEDGES AND AGREES TO THE FOLLOWING TERMS AND CONDITIONS

Definitions

Owner – means registered independent owner of the Trailer/trailer hire depot detailed the Rental Agreement: Podit

Trailer – refers to the vehicle rented by the Owner and all equipment and accessories attached thereto.

Customer – is the party contracting with the Owner to rent a Trailer identified in the Rental Agreement.

Authorised Driver – is a driver authorised to drive a vehicle towing the Trailer, this includes the Customer as well as any other driver whose name and driving license number are listed in the Rental Agreement.

Hire Period – is the period from the date on which the Trailer is collected from the Owner by the Customer or any authorised driver up until the Trailer is returned to the Owner.

Hire Charge – is the amount detailed in the Rental Agreement or resulting from the late return of the Trailer payable by the Customer to hire the Trailer.

Customer’s Liability

The Customer acknowledges that at the time of hire that the Trailer is clean and in a good serviceable condition and road worthy.
The Customer agrees to return the Trailer in a similar condition to that which the Trailer was in at the time of hire. If in the opinion of the Owner the Customer returns the Trailer in an unkempt condition or has caused excessive wear and tear, damage or damage through neglect or carelessness or abuse, then the Customer agrees to pay/shall be liable to pay for the Trailer to be cleaned and restored to its condition as at the commencement of hire.
Pre-existing damage, wear and tear is to be noted in this contract being present at the commencement of hire to protect the Customer from liability. The Customer shall be responsible for all freight and other charges incurred by the Owner or the Customer in respect of the delivery and return of the Trailer except when otherwise authorised by the Owner in writing.
The Customer agrees to make his own insurance arrangements for his/her property and the towing vehicle against loss or damage for any reason and accepts full responsibility for the towing vehicle, goods and luggage carried in or on the Trailer and acknowledges and agrees that the Owner will not accept responsibility for any loss or damage to, or caused by the same, regardless of cause.
The Customer assumes all responsibility for any liability, including but not limited to public third party liability, arising from the Customer’s use of the Trailer during the Hire Period.
The Customer is solely responsible for any event of lost, theft, or mislaid part or entire Trailer regardless of the cause and hereby indemnifies the Owner against any such loss.
The Customer is strictly liable for the loss of, or any damage, accidental or otherwise, to the Trailer, its equipment, accessories, load in or on the Trailer, and other people and road users, their property and possessions until the Trailer is returned to the Owner. The loss the Customer is liable for includes transport and administrative costs incurred in the recovery of the Trailer.
The Customer agrees to be liable for all the costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 10% per month, debt collectors cost and commission and legal expenses.

Indemnity

Neither Podit (Pty) Ltd / the owner, its affiliates nor any of their respective directors, officers, trustees, beneficiaries, employees, servants, agents, advisors, insurers, predecessors or successors and assigns (collectively, “the Indemnified Podit s (Pty) Ltd Parties”) will be liable to the client / user / hirer or any cessionary or third party claiming through it or on its behalf, in respect of any claim whatsoever, whether in contract, delict or otherwise, for any loss, damages, costs, penalties or expenses directly or indirectly incurred through or as a result of any act or omission of the client / user / hirer (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the use of the trailer/s or any act of omission of the indemnified Podit s (Pty) Ltd Parties (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors).
The hirer hereby irrevocably indemnifies the Indemnified Podit s (Pty) Ltd Parties and at all times shall keep them indemnified and harmless from and against any and all actions, causes of action, claims, demands, damages, losses, interests, penalties, costs, expenses and compensation of whatsoever kind and howsoever arising which may be instituted or occasioned by any person against any of the Indemnified Podit s (Pty) Ltd / owner Parties which is in any way associated with or related to any act or omission of the hirer (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the uses of the hired trailer/s or any related acts thereto.

Damage Waiver

Any Damage Waiver offered by the Owner is not insurance, but an agreement by the Owner that the Customer’s liability for damage to the Trailer can be limited in certain circumstances to the amount called the Damage Waiver Excess. The Damage Waiver only reduces the Customer’s liabilities for the damage of the Trailer not for other liabilities including but not limited to other people and road users, their property and / or possessions.

The Damage Waiver fee is included in the Hire Charge and has a Damage Waiver Excess of: 3 meter trailers: R1500.00

4 meter trailers: R5000.00

Flatbed trailers: R5000.00

The Damage Waiver reduced liability shall not apply if:

The damage is caused by use or operation of the Trailer in contravention of any of these terms or conditions in the Rental Agreement or in contravention of any applicable road use laws. The vehicle towing the Trailer is not being driven by an authorised driver. The Trailer is towed or used unlawfully. The Trailer is lost or stolen. The loss or damage occurs due to the Trailer being overloaded or incorrectly loaded. The Trailer is used on an unsealed road, track or pathway. The Trailer is used for a purpose for which it was not designed. Where the authorised driver driving the vehicle towing the Trailer is under the influence of a drug and/or drugs, alcohol, or whose blood alcohol concentration as determined by breath test exceeds that permitted by law or who upon requirement lawfully made by a Police Officer in connection with his driving of the vehicle towing the Trailer fails to provide as prescribed a specimen of breath or blood for analysis.

Undertakings by the Customer

The Customer and authorised driver shall use the Trailer in a skilful and appropriate manner and shall not speed or overload it. The Trailer, inside the main cargo space (or on the luggage racks where applicable), has a maximum total load capacity of:
3 meter trailers: 1000 kg / 1 ton
4 meter trailers: 1500 kg / 1.5 ton
Flatbed trailers: 2000 kg / 2 ton
It is suggested that 70% of the weight of the load should be in the front half of cargo space.
The Customer agrees to carry the spare wheel provided for the Trailer and appropriate tools to change the wheel at all times.
The Customer acknowledges that the Department of Transport requires safety chains and proper lights. The Customer undertakes to comply with all regulations including load capacity of the Trailer and of the towing vehicle.
The Customer guarantees to and in favour of the Owner that he/she and all authorised drivers are in possession of the appropriate drivers and other licence/s to use and operate the Trailer and the towing vehicle, and have the knowledge, skill and ability required regarding the loading and towing of the Trailer without incident or accident. The Customer undertakes that neither he/she or any authorised driver will load or tow the Trailer without the knowledge, skill and ability required fulfilling this guarantee.
The Customer has the responsibility to report any identified or potential faults with the Trailer immediately to the Owner and the Customer nor any of the authorised drivers should use the Trailer if there are doubts about the Trailer’s roadworthiness.
The Customer undertakes that he/she as well as all authorised drivers are competent with (and not limited to): Correctly connecting and disconnecting the Trailer coupling hitch. Correctly applying the safety chain connections. Correctly applying the Trailer light plug connections. Conduct the light operation checks, prior and after use. Ensure safe load distribution on and off the Trailer. Ensuring any load is safely secured during loading/unloading activities, or when parked under tow, Correctly securing the jockey wheel when the Trailer is both under tow and not undertow. The maximum load rating allowed for this Trailer Not to operate the Trailer with over or under inflated tyres.

Late Returns

The hire of the Trailer shall be limited to the Hire Period detailed on the front page of the rental agreement provided that if no period of hire is specified then the period of hire shall terminate at 17h00 3 calendar days after the date of hire. The Customer must at his/her own expense return the Trailer to the address stated on the front page of the rental agreement or place from which said Trailer was hired no later than the time before termination of the period of hire.
In the event that the Trailer cannot be returned by the due return time the Customer must contact the Owner and advise them accordingly before that time during normal office hours to provide an estimated time of return.
In the event of the Trailer not being returned by the scheduled return time stated on the front of the rental agreement, an additional hire charge shall be charged for the Trailer on the basis of a new hiring agreement based upon the same terms and conditions as are herein contained save and except as to the hire period which will commence at the time the Trailer was due to be returned and end when the Trailer is returned to the Owner.
Failure to return the Trailer without advising the Owner of the late return will incur a hire charge until the Trailer is returned calculate at a rate of R280 – R480 per day (depending on trailer type), or part thereof, plus the additional damage waiver fee, if applicable, to ensure the overdue hire period enjoys the same the same level of damage waiver as for the original hire period.
Late returns not advised as above more than 24 hours after the scheduled return time will be considered as stolen trailers and the Customer will be liable to prosecution for theft and all charges associated with recovering the Trailer.

Miscellaneous

The minimum age of the Customer or any authorised drivers must be at least 18 years old.
The Customer acknowledges and agrees that the Trailers are not waterproof or dust proof and that the Customer is solely responsible to take measures to prevent damage to any goods transported.
During the hire period the Customer will not:
Sell, offer for sale, assign, mortgage, pledge or sub-let the Trailer or any interest of the Owner herein;
Part with possession of the trailer except to parties named on this contract;
Allow any lien to be created in respect of the Trailer for repairs or otherwise.
The Customer is responsible for all traffic or parking offences as well as any toll charges incurred during the hire period and will pay any camera fines incurred during the hire period. The Owner reserves the right to charge the Customer an administrative fee of R250.00 per offence.
The Customer will only drive the Trailer on roads that constitute the national road system or properly constructed driveways.
Driving on unsealed roads is strongly discouraged by the Owner and if the Customer drives on unsealed roads they must not exceed 40 km/h. Any damage caused while driving on unsealed roads such as, but not limited to, body work paint chipping will not be covered by the damage waiver and the Customer will be liable for restoration costs, please see the Customer’s Liability and Damage Waiver sections for full details.
Driving the Trailer on four wheel drive tracks, through more than 10cm of water, beaches or river banks is strictly forbidden.
The Owner will not be liable for any loss or damage sustained as a result of any defect of the Trailer or by implication that the Trailer was available for hire in a particular condition.
In the unlikely event of a Trailer breaking down the Customer shall arrange at his own expense to return it to the Owner. In no event will the Owner be responsible for any loss of time or expenditure damage and/or loss incurred by the Customer arising out of any breakdown or mechanical failure of the Trailer.
The Customer authorises the Owner to charge and debit the Customer’s credit card hire charge as well as any additional charges, including, but not limited to, fees or charges resulting from the late return, tolls and traffic or parking offences, recovery of any loss or damages, related to the hire of the Trailer to be charged and debited to the customer’s credit card.
The Customer authorises the Owner to charge and debit the Customer’s credit card a non-refundable deposit of R500.00 at the time of making any booking, the value of this deposit will be deducted from the hire charge invoiced on collection of the Trailer.
There is no refund in the event that the Trailer is returned early.
The Customer will be charged a cleaning fee of R150.00 for Trailers which are returned dirty.
The Customer agrees that the credit card provided shall be in their own name.
The Customer agrees that in the event of incorrect license details being provided that the credit card details provided by the Customer are proof of hire.
The Customer acknowledges and warrants that all information provided by it is true and accurate and can be relied upon by the Owner.
These terms [and the Rental Agreement] between the Owner and Customer comprises the whole agreement and that no collateral oral statements by the owner, staff, agents, and/or other from part of the contract.