Terms & Conditions

GENERAL TERMS AND CONDITIONS OF HIRE

HIRING SUPPLY SA. ( PTY ) LTD. , Reg. Number 83/04700/07 trading as BANKS R& L HIRING V.A.T. Number 4360122701-” The Lessor “

  1. The Lessee hires from the Lessor the goods specified on the face hereof for the period and at the hiring charge specified.
  2. The goods are delivered without any warranty whatsoever as to their condition or quality and the Lessee acknowledges receipt of the goods in good condition.
  3. The lessee acknowledges that the ownership of the goods at all times remains vested in the Lessor.
  4. The Lessee shall be responsible for any damages sustained by the Lessor arising out of the Lessee’s use and possession of the Lessor’s goods . The Lessee shall be responsible to replace any goods missing or damaged for whatever reason at current replacement cost . A certificate by the Lessor certifying such replacement cost shall be final and binding on the parties and shall be sufficient for the purpose of obtaining summary or default judgement against the Lessee.
  5. The Lessee agrees to utilise the goods only in the manner for which they are intended not to tamper with or attempt to make repairs to the goods whatsoever nature , without the written consent of the Lessor , if such works or repairs are effected without the written consent as aforesaid the Lessor shall be entitled to demand from the Lessee the current replacement cost of any such goods.
  6. The goods shall be at the sole risk of the Lessee from date of receipt thereof to date of return to the Lessor and irrespective of the cause . The Lessee shall be responsible for any missing or stolen goods or for any damage to the goods or for any damage sustained by any third party arising out of the Lessee’s possession of the goods and indemnifies the Lessor against any such loss or damage.
  7. All goods hired shall remain on the premises to which they were delivered and shall not be removed therefrom , nor shall the Lessee lend any hired goods to a third party without the written consent from the Lessor.
  8. The Lessee acknowledges , by his signature on the reverse side of the invoice , having read the aforegoing terms and conditions and agrees to be bound thereby and agrees to pay the hiring rates , as well any expenses incurred by the Lessor or any Attorney’s fees including collection charges , should an account be submitted to Attorneys for collection.
  9. The Lessor will not accept any responsibility of count unless goods are counted in the presence of its representative . Should goods be returned not so counted , the count taken in the Lessor’s premises will be final and binding on the Lessee.
  10. All goods with the exception of tablecloths , furniture and marquees must be washed , dried and ready for collection on the date stated . Goods returned unwashed will be charged a surcharge rate determined by the Lessor.
  11. Tablecloths must be dried before being returned . Any cloths returned to the Lessor in a mildewed conditions , stained , torn or cigarette burned , will be charged for a full replacement value.
  12. If the Lessee does not return the entire order on the specific date , the lessee agrees to pay half the daily hire fee for the first day , and the full daily charge for each day thereafter until such time as goods are returned.
  13. No responsibility will be accepted for damage caused by the Lessor’s representatives, agents , employees or servants to overhead or underground cables , nor to fixed installations , irrespective of whether the exact location of these have been pointed out or marked out to the Lessor in advance.
  14. No liability or responsibility will be accepted in the respect of late or non-delivery , mechanical or other circumstances beyond the Lessor’s control.
  15. No responsibility will be accepted by the Lessor for any shortages unless notified to it within 24 ( twenty four ) hours of delivery , or prior to function.
  16. No claim shall be made against the Lessor or its representatives , agents , employees or servants for any injury , damage , loss or other , of whatever nature , and whether suffered by the Lessor or any other person , at the Lessee’s premises or function venue , resulting from any negligence by the Lessor in performing its services.
  17. The Lessor shall be entitled access to any premises or function venue of the Lessee for the purposes of quoting , delivering , inspecting , repairing and collecting , any or all of the hired equipment.
  18. Any deposit paid in advance to secure equipment will at the lessors discretion be forfeited ( in full ) , if the booking is cancelled less than 30 days prior to the reserved date , and ( in part ) , if cancelled before this time period.
  19. The Lessee acknowledges that the Lessor is given 21 days to check and test any goods brought back or collected by the Lessor , and is given a further 21 days to refund any deposit monies or part thereof.
  20. If goods are delivered and services are rendered by the Lessor , and equipment is requested to be returned after the said delivery , for whatever reason , then these goods and services will be charged for in full , unless the Lessor agrees otherwise.
  21. The signature of the Lessee or the Lessee’s representative on the reverse of the invoice indicates the acceptance by the Lessee of the above Conditions of Hire and the receipt in order and conditions of all the goods specified notwithstanding the lack of authority on part of the Lessee’s representative . The Lessee acknowledges and agrees that onus of providing that the goods were not received rests on the Lessee.
  22. No extension of time or indulgence granted by the Lessor to the Lessee shall affect , prejudice or derogate from the rights of the Lessor in any respect under this Agreement nor shall it in any way be regarded as a waiver of any of the Lessor’s rights hereunder or a novation of this Agreement , or debar the Lessor thereafter insisting on compliance with the terms and conditions thereof.
  23. For the purposes of all or any legal proceedings against the Lessee hereunder , the Lessee hereby consents to the jurisdiction of the Magistrate’s Court notwithstanding that such proceedings are otherwise beyond its jurisdiction . This clause shall be deemed to constitute the required written consent confirming jurisdiction upon the said Magistrate’s Court provided , however , that the Lessor shall have the right as its sole option and discretion to institute proceedings in any other competent Court in respect of any claim which but for the aforegoing , would exceed the jurisdiction of the Magistrate’s Court.

PLEASE NOTE

  • ( a ) Any extra work performed will be charged for .
  • ( b ) Crockery , glassware and cutlery must be washed after use .
  • ( c ) Furniture must be placed under cover in rainy weather .
  • ( d ) Our staff do not set out tables and chairs .
  • ( e ) We hold no responsibility for the effects of prevailing weather conditions .
  • ( f ) We reserve the right to substitute equipment and marquees in the event of said equipment being unserviceable .
  • ( g ) All goods must be checked by a responsible person together with our staff .
  • ( h ) Changes to orders will only be accepted 48 hours prior to delivery , and not thereafter .
  • ( i ) Customers receiving goods may be requested to produce identification .
  • ( j ) A cancellation fee is applicable to be determined by and calculated at the lessor’s discretion .
  • ( k ) Interest will be charged on overdue accounts at a rate of 2% per month .
  • ( l ) The hire charges at the rates and the deposit stated overleaf are payable CASH ON DELIVERY unless otherwise stated , or agreed upon prior to delivery .
  • ( m ) Any discount offered , will only remain applicable if the invoice is fully paid as specified overleaf . If the said invoice is not paid as specified , then the discount will immediately be reversed .