Terms & Conditions
In this Lease agreement, unless the context indicates otherwise, the following expressions shall bear the following meanings:
1.1. “the COMPANY” means The Woodford Group (Pty) LTD.
1.2. “the RENTER” or “YOU” means Renter 1 and/or Renter 2 and, where the context requires includes the driver of the vehicle, as indicated overleaf.
1.3. “the AUTHORISED DRIVER” means you and/or the driver and/or the additional driver as stipulated overleaf.
1.4. “the VEHICLE” means the vehicle/s identified in this document.
1.5. “the LEASE PERIOD” means the period between the “Date Out” and the “Termination Date”.
1.6. “the AGREED RATE” means the agreed rate as reﬂected overleaf.
1.7. “ACCESSORIES” include one jack and handle; one spare wheel spanner; one set of triangles; one spare wheel; one lockable fuel tank cap, keys, and any additional accessories listed on the lease agreement.
1.8. “PERSONS” includes any natural person or legal entity. Any words importing any gender shall include the other genders and words importing the singular shall include the plural and vice versa.
1.9. the “LEASE AGREEMENT” means this document, including the face hereof and the terms and conditions and any annexures hereto.
1.10. “THE OWNER OF THE VEHICLE” means the person in whose name the vehicle is registered in circumstances where we are not the registered owner of the vehicle.
2. DELIVERY OF VEHICLE AND COMPLETION OF HIRE
2.1. The vehicle shall be at your sole risk from when you take delivery of the vehicle until the vehicle is returned to us. Without derogating from the generality of the aforegoing, you are obliged to return the vehicle to us undamaged, in good order and in a roadworthy condition, fair wear and tear excepted. The onus is on you to inspect the vehicle immediately upon delivery to ensure that the vehicle is free of any defects and is not damaged/scratched. A failure to do so and to record any damage/defects/scratches in writing when taking delivery of the vehicle shall mean that you are deemed to accept delivery in good condition, order and repair, and you shall accordingly be liable for all and any damages to the vehicle and the related charges for repair/restoration.
2.2. You shall return the vehicle, on the expiry or termination of this agreement, at your expense to our authorised representative at the termination office described overleaf, or to such other agents as we may appoint in writing.
2.3. When returning the vehicle you shall hand the keys of the vehicle to an authorised representative of the company at the termination office.
2.4. Any failure to return the vehicle in terms of this agreement shall constitute illegal possession of the vehicle by you and we may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof.
2.5. Should a tracking device be installed in the vehicle, all readings and recordings from the device shall be deemed to be correct in respect of such vehicle and a certificate by a manager of the tracking device service provider shall be deemed to be prima facie proof of the correctness of the information contained therein, and shall be admissible in any Court.
3. USE OF VEHICLE AND OBLIGATIONS
You warrant and undertake that:
3.1. All information given by you to us is true and correct;
3.2. The authorised driver is at least 25 years of age and holds a valid driver’s license for the vehicle, has not been convicted of any criminal offence which resulted in the endorsement or cancellation of his/her driving license, and will not drive the motor under the inﬂuence of alcohol or any other central nervous system stimulant;
3.3. Neither you, nor the authorised driver, are physically prevented from operating the vehicle safely;
3.4. No person other than the authorized driver and or additional driver recorded in this agreement shall drive the vehicle;
3.5. The authorised driver will lock the vehicle and activate any burglar alarm or protection system installed in the vehicle when same is not in use and ensure that the keys of the vehicle are properly controlled to be kept either on your, and/or in your safe custody;
3.6. The vehicle shall not be used or driven for the conveyance of persons or property for hire, in contravention of or in breach of any law, in any race, speed test or contest, or on roads not properly constructed;
3.7. The vehicle shall not be used or driven in any way which would constitute a breach of any law and or any of the provisions of this agreement;
3.8. You and/or the authorised driver shall at all times display an absolute duty of care towards the company in respect of the vehicle, in that you/driver shall ensure that the vehicle shall only be used on suitable roads and conditions as in accordance with the type of vehicle hereby rented;
3.9. The vehicle has been rented on the basis that you are not a tour operator or our agent/representative. You further warrant that the vehicle is being used for leisure travel and not for the conveyance of passengers, or freight, or for reward and is not rented for the purposes of a cross-border road transport;
3.10. Neither you nor any third party (authorised or unauthorised) are allowed to use the vehicle in contravention of any Customs and Excise Act;
3.11. No attachment/trailer shall be utilized, attached to, or towed by our vehicles unless agreed upon by us.
4. DEPOSIT & PAYMENTS
4.1. You agree to pay us the rental charges in advance, the first payment to be made on the date of delivery and each payment thereafter to be made on the corresponding day of each successive month while the agreement is in operation.
4.1.2. Fuel is for your sole account. The vehicle will be delivered to you in an empty state.
4.1.3. You are liable for and shall pay:
184.108.40.206. All traffic fine admin fees, e-toll surcharges/admin fees per toll transaction, rental admin fees, taxes, charges, stamp duties, levies relating to use of the vehicle whilst it is in your possession, and any legal costs payable by us to any third party arising out of your use of the vehicle. Where we receive details of any traffic fine or other charge for which you are liable, we will forward same to you for settlement and shall be entitled to recover from you on demand, an administrative charge of R250.00 exclusive of VAT per notification and any costs (including but not limited to) towing charges, losses or damages and charges incurred by us in procuring the return of the vehicle to the Terminating Office described above;
220.127.116.11. In the event that the vehicle is not returned on the return date, damages calculated at the rental amount agreed in terms hereof on a pro rata basis;
18.104.22.168. Save as is provided to the contrary in terms of this agreement, all costs incurred by us and/or the owner of the vehicle in repairing any damage of any nature whatsoever to the vehicle including but not limited to damage to the windscreen and/or tyres and any loss or damages suffered by us, or where, applicable, the owner of the vehicle as a result of theft, fire or any cause whatsoever;
22.214.171.124. Such valet charge as may be levied for the cleaning of the vehicle;
126.96.36.199. Such accident admin fee, assessors fee and traffic offence/toll handling fee that may be levied by the licensee;
188.8.131.52. The liability amount as stipulated overleaf in respect of the waivers, on the date of incident/accident, irrespective of who caused and/or who was negligent in respect of the collision or loss;
4.2. If we have agreed to payment from you by credit card or charge card, your signature shall constitute authority for the issuer of the cards to immediately debit you with the total amount agreed upon or falling due in terms hereof, inclusive of all costs and charges of whatsoever nature, arising in terms of this agreement.
4.3. All additional charges as indicated overleaf shall be payable by you. All charges may be debited to your credit card from such authorization and/or deducted from any deposit paid. These amounts shall be non-refundable, until such time as we have raised all charges payable in terms of this agreement.
4.4. You shall pay all amounts payable by you under this agreement to us on due date without set off, deduction or demand.
You acknowledge that:
a) The vehicle, its appurtenances and accessories were in good working order and repair;
b) The kilometer indicator on the vehicle was operating correctly;
c) The tyres were of good thread and condition
6.1. You shall be fully liable for any damages caused to the vehicle by pot holes, dust storms, hail, gravel and or sand roads and damage waiver shall not apply to such damage. We shall not be liable for any damage or loss to any of your and/or a third parties property/apparel, damaged, lost or stolen at or upon the vehicle.
6.2. If the vehicle is impounded, you are liable for all costs and damages caused to or suffered by us from date of inception of this agreement until the release of the vehicle to us, however, if after a period of six months from the date of signature of the contract the vehicle is still impounded the vehicle will be deemed irrecoverable and you will have to pay the costs to us the company, or owner of the vehicle as the case may be of replacing the vehicle with an identical new one.
7. BREACH & TERMINATION
We shall be entitled to cancel this agreement immediately and without notice; if you fail to pay any amount due in terms hereof on due date, and/or you or the authorised driver commits any breach of the agreement, whether such breach be material or not, or if you commit any act of insolvency, or have made any incorrect or misleading statements or representations to us in terms of this agreement. Upon cancellation, without prejudice to any to all and any other claims against you arising from such cancellation, we shall be entitled to the immediate return of the vehicle and will be entitled to recover same from you.
8. INDEMNITIES, ACCIDENTS AND RESPONSIBILITY AFTER
LOSS OR DAMAGE TO VEHICLE:
8.1. You indemnify us against any claim by any person for any damages of any nature whatsoever suffered as a result of any incident involving the vehicle whether as a result of our negligence or otherwise.
8.2. Save as is provided for in law and provided that there was no gross negligence on our part, we shall not be liable for any damage and/or injury and/or death arising out of any defect in and/or mechanical failure of the vehicle or any apparel therein including, but not limited to a baby seat, nor for any loss or damages to any property transported in or left in the vehicle, nor for any damages, injury, death, consequential loss, loss of profts, or any other damages which you or the driver or any person transported in the vehicle or any other person may suffer arising out of this agreement. You indemnify us in full in this regard against all and any claims.
8.3. If the vehicle is involved in any accident or collision or is lost or the vehicle or any part thereof is stolen, or is involved in any incident which could prejudice our rights, the driver shall take all such steps to safeguard our interests, including, but not limited to the following where appropriate:
8.3.1. He/she/you shall obtain the name and addresses of everyone involved and of possible witnesses;
8.3.2. He/she/you shall not admit any responsibility or liability or release any party from any liability or potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimer of liability;
8.3.3. He/she/you shall notify the police and us as soon as possible and in any event within 24 (twenty-four) hours of the incident;
8.3.4. Within 48 (forty-eight) hours of the incident he/she/you shall complete and furnish to us our fully completed standard claim form.
8.3.5. Within 48 (forty-eight) hours of the incident he/she/you shall submit a copy of his/her/your driver’s license to us;
8.3.6. He/she/you shall make adequate provision for the safety and security of the vehicle.
8.3.7. He/she/you shall cooperate with us, and if and where applicable our insurer, in any investigation concerning the incident, the lodging or instituting of any claim or action for recovery of damages and the defence of any prosecution, claim or action relating to the above.
8.3.8. If you are not the driver, then, without in any way detracting from your obligations in terms of this clause, you shall ensure that the driver complies with the provisions of this clause
8.3.9. If you as the driver do not, or if you are not the driver and the driver does not comply with the conditions set out in this clause, we reserve the right to declare the damage waiver null and void in which case you will be liable for all damage to the vehicle and/or suffered by us and or the owner of the vehicle.
8.3.10. You shall automatically become liable for all damages, including third party claims to the extent that such third party is successful in claiming from us.
8.3.11. You shall furnish us (and if you are not the driver you shall also ensure that the driver furnishes to us) any notice of claim, demand, summons or the like which you or the driver may receive in that regard.
8.3.12. Neither you nor the authorised driver shall not be entitled to effect any repairs to the vehicle whether mechanical, structural or otherwise without our prior written consent.
8.4. We reserve the right to claim for all damages resulting from this rental within a reasonable period from date of termination of this rental.
9. MANUFACTURERS WARRANTY AND SERVICE
The vehicle is under a manufacturer’s warranty and you and or any authorised driver shall not in any way handle the vehicle or do anything to the vehicle which will affect or void the said warranty. You will at all times ensure that the manufacturer’s instructions for the use and maintenance of the vehicle are complied with, which without derogating from the generality of the foregoing requires you to maintain the correct tyre pressure, use the correct fuel including oil and to ensure that there is sufficient oil and water in the vehicle at all times. You and/or the authorised driver shall not drive the vehicle if any warning indicator in the vehicle displays to the effect that the vehicle is not operating correctly and that there is a vehicle malfunction. If the vehicle requires a scheduled service as per the manufacturers specifcations whilst in your possession, you will ensure that the vehicle is returned to us timeously to enable us to have the vehicle serviced, alternatively you may have the vehicle timeously serviced at an authorised service provider for the make and model of the vehicle, in which case you will ensure that the vehicles service book is duly stamped by the service provider and you will confrm in writing to us that the vehicle has been serviced and will provide us with full details of the service.
10. DAMAGE WAIVER
10.1. Acceptance of the Damage waiver benefit and payment of the agreed amount as set out on the face hereof shall, save as is otherwise provided for herein, exempt you from liability to us and/ or the owner of the vehicle for the loss of, or damage to the vehicle, over and above the damage waiver excess payable as detailed on the face hereof if, the vehicle is damaged during the use thereof by you, and/or if the vehicle is stolen whilst the vehicle is on lease.
10.2. Notwithstanding payment of the premium, and without derogating from your obligation to use, garage or store the vehicle in terms of this agreement, you shall not be indemnified in terms of this clause if the vehicle was damaged or lost:
10.3. In any area governed by Emergency Regulations promulgated from time to time in the Republic of South Africa in terms of any applicable legislation, or any area where civil unrest is prevalent, or;
10.4. In Zimbabwe, Mozambique, Botswana, Swaziland, Lesotho, Namibia or any other country other than the Republic of South Africa
10.5. Where the vehicle is lost or damaged by or through any act of a political nature (where applicable) and as more specifically defined by the South African Special Risks Insurance Association (in such area, self-governing territory or country, the cost of any such loss or damage shall be your sole responsibility, for your own account and shall be recovered by the company from you or;
10.6. Where the vehicle is used or dealt with contrary to the terms and conditions of this agreement:
10.6.1. Where the vehicle was being driven contrary to the provisions of any law at the time the damage or loss was sustained.
10.6.2. Where the vehicle is not utilised, garaged or parked in accordance with the provisions in this agreement.
10.7. Where the vehicle is not returned on the due date, alternatively is not returned on due date in respect of written extension of the Lease agreement
10.8. Where the vehicle is damaged in an accident or stolen and person other than the hirer and/or authorized driver was driving the vehicle, alternatively where the driver of the vehicle was not in possession of a valid, unendorsed driver’s license which had been in force for a minimum period of three years and/or where the driver was under 25 years of age.
10.9. Should the vehicle be fitted with a gear lock and the gear lock not be used at the time of the loss, you will be responsible for the total cost of the loss of the vehicle.
10.10. Your liability in terms of the excess payable will be doubled in the event of damage being caused to the vehicle by driving on roads not suitable for the vehicle or, where the vehicle was damaged in a collision or incident where no other vehicle came into physical contact with the vehicle.
10.11. The damage waiver does not cover damage to a) tyres; b) glass; c) lights and these are excluded and shall remain your responsibility.
11.1. A certificate under the hand of any senior official of the company shall be prima facie proof of any amount due by you thereunder.
11.2. Such certificate shall be valid for the purpose of obtaining Judgment, Provisional Sentence, Summary Judgment or any other order against you.
11.3. You acknowledge that ownership in the vehicle shall at all times remain vested in us, or the true owner of the vehicle, both during the course of this agreement and at the conclusion of the agreement.
11.4. You shall not be entitled to cede or assign any of your rights and obligations under this agreement, or to sublet, or part with possession of the vehicle, its tools or equipment or any part of it.
11.5. Save as otherwise stated in this agreement any addition to, alteration or cancellation of this agreement shall be null and void and of no force or effect unless agreed upon by us in writing.
11.6. The parties consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction over the parties, for all purposes under this agreement, notwithstanding that the subject matter or cause of action involved be otherwise beyond the jurisdiction of the said court.
11.7. You are liable for any and all legal costs which the company may incur as a result of any breach (or otherwise) relating to this agreement including but not limited to attorney and client costs and collection commission.
11.8. You choose the address where you will receive notices for all purposes in terms of this agreement, at the renter’s address specified overleaf or in the case of that address not being in the Republic of South Africa, at the driver’s local address specified overleaf.
11.9. This document contains the entire agreement between the parties regarding the matters contained herein and we shall not be bound by any undertakings, representations, warranties, promises or the like not recorded herein, unless otherwise stipulated by law.
11.10. It is agreed that each clause of these terms and conditions is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent Court, then the remaining clauses shall be and continue to be of full force and effect.
11.11. This agreement will be governed by and interpreted in accordance with the laws of the Republic of South Africa
11.12. You hereby consent and authorise us to disclose all relevant information of the renter/driver to SANRAL for the recovery of any e-toll transaction in respect of the driving of the vehicle
11.13. You hereby consent to us undertaking any credit/information check that we deem necessary for the purpose and intent of this lease agreement and this consent shall satisfy all and any requirements of any legislation dealing with such issues and privacy issues.