RENTAL EQUIPMENT

Rental Terms and Conditions:

This Equipment Rental Agreement (“Agreement”) is made and effective by the customer (“Lessee”) agreeing to this Agreement by checking out and paying the rental equipment online via the website (www.treasurehunters.co.za), and between Treasure Hunters Metal Detecting (PTY) Ltd, (“Lessor”) and the Lessee, collectively referred to as the “Parties”. The Lessor desires to Rent to the Lessee, and the Lessee desires to Rent from the Lessor, certain tangible personal property. Now, therefore, in consideration of the mutual covenants and promises hereinafter set forth, the Parties hereto agree as follows:

The Lessor hereby Rents to the Lessee, and the Lessee hereby Rents from the Lessor, described Rental Equipment (the “Equipment”) as shown in the rental invoice. The Lessor warrants that the Lessor has the right to Rent the equipment, as provided in this Agreement.

2. Lease Term, Rent and Deposit

The term of this Agreement shall commence on the rental start date or date of delivery, whichever is later, and shall expire after the rental period. The amount payable for the Equipment shall be paid in advance.

The deposit shall be paid together with the courier fee on checkout, the deposit is refundable on return with no damages however no rental amounts or courier fees will be refunded under any circumstances.

3. Use

The Lessee shall use the Equipment in a careful, reasonable 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 (“South Africa”) in any way relating to the possession, use or maintenance of the Equipment. Should the Equipment be utilized in a country other than South Africa, such laws, ordinances and regulations specific to that country shall also be complied with

4. Repairs and Maintenance

The Lessor, at its own cost, shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. The Lessee shall not repair or materially alter the physical or otherwise makeup of the Equipment in any way.

The Lessor, before delivery by the Lessee, shall check Equipment to determine whether it is in working order. In the event that the Equipment appears damaged when the Lessee receives the Equipment, the Lessee must notify Lessor immediately upon their first inspection of the Equipment and the Lessor will negotiate a mutually agreeable solution with the Lessee.

5. Damage and/or Loss

The Lessee shall be responsible for, and covers losses against damage, loss, fire, theft, collision, and other such risks. The Lessee will forfeit any deposit held under such circumstances.

In the event of loss or damage of any kind whatsoever to the Equipment, the Lessee agrees to immediately contact the Lessor with an accurate description of the loss or damage and the circumstances of its occurrence. If required by the Lessor, the Lessee shall furnish a sworn Affidavit and/or an official police report to that effect.

The Lessor expressly reserves the right to choose the repair method and venue, within reasonable market value terms. The Lessee agrees to be bound, legally and otherwise, by the report of the Lessor’s chosen repair venue as to the cause of the damage to the Equipment.

The Equipment, unless the Lessee otherwise informs the Lessor, shall be deemed to be “lost” when Lessee has failed to return the Equipment to the Lessor within seven (7) days of expiration of the rental period.

In the event of loss of any kind whatsoever to the Equipment, the Lessee shall, at the Lessor’s option:

i. Forfeit the full deposit held for the rental period.

6. Permits and Permissions

The Lessee is responsible for ensuring correct permits and permissions are held for using the Equipment on any land during the rental period.

7. Surrender

Upon the expiration or earlier termination of this Agreement, the Lessee shall return the Equipment to the Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted. The Lessor’s acceptance of the Equipment upon return by Lessee shall not represent the Lessor’s acceptance as to condition of Equipment and the Lessor reserves the right to make a subsequent assessment regarding the condition of the Equipment

8. Taxes

The Lessee shall keep the Equipment free and clear of all levies, taxes, duties, liens, charges and other encumbrances. The Lessee shall report to the Lessor, pay and discharge all levies, taxes, duties, liens, charges and other encumbrances arising from the Lessee’s use or operation of the Equipment. In the event that such are levied against the Lessor, the Lessee agrees to reimburse the Lessor in full for those charges.

9. Indemnity

The Lessee shall indemnify the Lessor against, and hold the Lessor harmless from, any and all claims, 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. This specifically includes but is not limited to loss of income and Equipment failure on the Equipment provided by the Lessor.

10. Default

Late returns are subject to a fee of R300 (three hundered rand) per day. This includes missed courier collections when the couriers are trying to collect the item after the rental period. If the Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if the Lessee fails to observe, keep or perform any other provision of this Agreement required to be observed, kept or performed by the Lessee, the Lessor shall have the right to exercise any one or more of the following remedies:

  • To declare the entire amount of rent hereunder immediately due and payable without notice or demand to Lessee.
  • To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
  • To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee hereby waives any and all damages occasioned by such taking of possession.
  • To terminate this Agreement.
  • To pursue any other remedy at law or in equity.
  • To charge interest at twenty percent (20%) per annum on amounts due, compounded monthly.

11.Ownership and Assignment

The Equipment is, and shall at all times be and remain, the sole and exclusive property of the Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

The Lessee shall not assign or transfer this Agreement or its interest in the Equipment without the prior written consent of the Lessor.

12. Additional Documents

If the Lessor shall so request, the Lessee shall execute and deliver to the Lessor such documents as the Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of the Lessor in the Equipment including, but not limited to, copies of an identity document or drivers licence and proof of physical residence.

13.Entire Agreement

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

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

14. Disclaimer

Every effort is made to assure that descriptions and prices of Equipment are correct. The Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.

In the event that the selected Equipment is not available for the rental dates required, the Lessor may substitute the Equipment with similar Equipment for the duration of the rental period or alternatively The Lessor may cancel and refund the Lessee if no suitable substitute Equipment is available.

15. Governing Law

This Agreement shall be construed and enforced according to laws of South Africa.

X
Add to cart