Smart Hire Terms of Rental

SMARTSOL (PTY) LTD T/A “SMART HIRE” hires to the customer “The Client” the equipment described as “the equipment” in terms of these General Condition of Hire. The parties elect their respective domicile for the purposes of notice and service of process and proceeding at the address stated overleaf.

2.1 The hire charges and the rates and the deposit stated in this agreement are payable in cash, EFT or bank cash deposit unless otherwise agreed.
2.2 The security deposit is required to confirm a booking as stated in this agreement. The security deposit is refundable 2 working days after the return of equipment on condition that all equipment has been returned undamaged. The security deposit less deduction of amount due shall be refunded to the client within a reasonable period of return or collection of the equipment.
2.3 Any deposits paid in advance to secure bookings will be forfeited if the booking is cancelled in less than 60 days prior to the reserved date.
2.4 The client shall be deemed to have accepted the correctness of any account unless Smart Hire is notified in writing of any queries or discrepancies within 3 day of date of account.

3.1 The hire period commences when the equipment is delivered or collected as the case may be, and subject to 9, ends when Smart Hire accepts return of the equipment.
3.2 Smart Hire shall use reasonable endeavours to ensure that equipment is delivered or available for collection at the agreed time, but shall not be liable should the equipment not be delivered or be available at such time.
3.3 In the event of the client failing to return any item of the equipment to Smart Hire on the return date stated in this agreement, the client should pay Smart Hire the the daily hire rate per day for a maximum of 5 days. After this period the equipment that has not been returned shall be deemed as lost by the client and liable for replacement including outstanding hire fees as above. In the event of any item being returned in any way damaged or not in the same condition as supplied then the client is liable for replacement of the equipment.

4.1 The equipment shall be deemed to be in the quantity and suitable for the description stated in this agreement and in good working order, and for the purpose for which it is intended when delivered to the client, unless the client notifies Smart Hire on delivery of the deficiency in quantity, defective or incorrectly delivered amount.
4.2 Smart Hire shall, in its sole discretion, be entitled either to terminate this agreement and refund the deposit and any hire charges paid, or to replace the defective or incorrectly delivered equipment or remedy any defects in the delivered equipment.

5.1 The Client Shall:
5.1.1 At all times during the hire period, provide dry, under cover storage until such time as the equipment is returned to Smart Hire, with the exception or tents and umbrellas.
5.1.2 Immediately notify Smart Hire should any of the equipment malfunction. Smart Hire shall repair or replace the equipment at its cost at Smart Hire’s principal place of business, unless Smart Hire in its sole discretion determines that the malfunction is due to improper use of the equipment.
5.1.3 Return the equipment in a clean state and in good order and repair, in particular, but without limitation.
5.1.4 All equipment with the exception to table cloths, marquees, umbrellas and furniture must be washed and dried. Any equipment retuned unwashed will be charged for a rate determined by Smart Hire.
5.1.5 Table cloths & chair covers must be dried before being returned.
5.2 In the event that any of the equipment is lost, destroyed or damages as a result of any cause whatsoever prior to the return thereof, the client shall be liable to make good the full replacement costs thereof.
5.3 The client shall not be entitled to substitute any other equipment for Smart Hire’s equipment.
5.3.1 Notwithstanding 2.2, unless the equipment is checked and accounted on return or collection in the presence of a representative of Smart Hire, who accepts the correctness of a statement as to the quantity and condition of the equipment, Smart Hire’s statement regarding the quantity and condition of the equipment collected shall be final and binding on the client.

The Client
6.1 Acknowledges that it is aware of the purpose for which the equipment is intended, and shall only use the equipment for such purpose.
6.2 Shall use the equipment at his own risk, and indemnifies Smart Hire against any claim of any nature brought against it by the clients employees, agents, representative, guests or any other third parties arising out of the use of the equipment by the client or while in the possession of the client or any other case including a claim for consequential damages and loss or profit, and all costs and expenses incurred by Smart Hire on an attorney and own client scale in defending or settling such proceedings.
6.3 Shall have no claim of any nature against Smart Hire for any loss suffered or damages sustained by the client arising from any cause, including without limitation, the installation, use or malfunction of the equipment or the provisions of these General Terms & Conditions, other that the specific remedies provided for.

Smart Hire furnishes no warranties and makes no representations other than those contained herein. The provisions of these General Terms & Conditions shall govern the relationship of the parties to the exclusion of all other conditions, wheter implied by law or stipulated by the client, unless accepted by Smart Hire in writing.

Smart Hire shall at all reasonable times be entitles to access any premises of the client for the purposes of inspecting, repairing the equipment and collecting the equipment.

9.1 Should the client fail to comply with any obligations imposed on the client in terms hereof, all of which are deemed to be material, on due date, and persists in such failure for 3 days after having been given written notice remedy such defaults.
9.1.1 Commit any act of insolvency, or be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management. Smart Hire shall be entitled to terminate this agreement forthwith and enter any premises of the client and retake procession of the equipment.
9.2 The specific remedies which Smart Hire has against the client in terms of these General Terms & Conditions are without prejudice to any other remedies which Smart Hire may have including the right to claim all such consequential damages from the client as Smart Hire may have suffered as a result of the breach by the client of any of his obligations.
9.3 Smart Hire’s liability to the client and all persons claiming under him arising from any case whatsoever including the wilful default or negligence of Smart Hire, it’s employees or agents, shall be limited to the specific remedies provided for herein.

10.1 The clients consents to the jurisdiction of the Magistrates Court of the district in which the clients domicilium is situated in terms of this agreement.
10.2 The client will be liable for Smart Hire’s legal costs on an attorney and own client scale incurred by Smart Hire in any legal proceedings arising out of the provisions of the Conditions, or arising out of the client’s use or possession of the equipment.
10.3 Smart Hire shall be entitled to apply any amount received from the client to the liquidation in whole or part of any obligation whether arising out of this hire or otherwise owed by the client to Smart Hire, irrespective of whether the final amount of the obligation has been determined.

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