Mshengu

Standard Conditions of Hire

The customer named on the face hereof (the hirer) acknowledges that the equipment has been leased to it by the company under the agreement of hire and that the equipment shall at all times remain the property of the company.
Unless otherwise stipulated on the face hereof or elsewhere in writing by the company this contract shall commence on delivery of the equipment and continue indefinitely subject to 24 hours written notice on either side.
The retail and any other charges levied shall be as reflected on the companies invoice /s. Leases for periods not exceeding seven (7) days shall be charged on a daily basis and for any period of seven or more monthly basis. Unless specifically stated, the former will be payable in advance and the latter within thirty (30) days of the date of the statement on which the invoice/s first appear/s. The company’s accounting months commence on the 26^th and end on the 25^th. Should a lease be terminated by the hirer on or after last day of a calendar month, the hirer shall be liable for and additional full month’s rental.
The company undertakes to deliver and place the equipment which, at the company’s option, may or may not be new, on the site specified by the hirer, provided such site is readily and easily accessible to the company’s vehicles and the employees.
The hirer shall keep the Company indemnified against any damage to the equipment, and against all actions, claims or damages of third parties which may arise out of the use or misuse of the equipment or the conduct of any third party.
The hirer agrees and consents to the jurisdiction of the Magistrate’s Court in respect of any proceedings arising out of this Agreement, and in the event of the Company instructing its attorneys to take measures for the enforcement of its rights in terms of this Agreement, the hirer shall be liable for all legal costs, including Attorney and client cost, collection commission and tracing agents charges incurred by the Company enforcing its rights.
The Company shall be entitled to terminate this agreement forthwith, and without notice, if the hirer is in breach of any of the terms of this Agreement. Should the Company not be able to service and maintain the equipment through reason beyond its control the Company may terminate this Agreement and remove the equipment on having given the hirer seven days prior written notice of such cancellation.
The hirer shall not under any circumstances whatever have any claim for damages or otherwise against the company whether as a result of early termination of the contract or howsoever arising.
No alternation or variation of the terms of this agreement shall be binding unless it is recorded in writing and signed by the parties hereto. The parties record that the Toilet Hire Company has not made any oral representation to the hirer in respect of the equipment.
The hirer shall advise the Company of the name and address of the landlord of its premises and of any change in landlord. The Company shall be entitled to advise the landlord of its ownership of the equipment.
Should any rentals or charges payable by the hirer hereunder not be paid on the due date, such unpaid amounts shall carry interest at the rate of two percent –turn (2%) per month reckoned from the due date of payment and the company shall be entitled to remove the equipment without prior notice.
The hirer hereby agrees and consents to the Company ceding and assigning and making over all or any portion of its in this Agreement to any cessionary and should any such cession, assignment or making over relate to the Company’s right of ownership in respect of the equipment, the hirer shall henceforth hold the equipment on behalf of such new owner thereof.
Unless specifically stated, all delivery charges where by road or rail – shall be for the hirer’s account as will additional/abnormal costs resulting from the hirer’s breach of clause 4 above or from floods, etc.
It shall constitute breach of the lease should any person other than Imvusa Trading 700 cc trading as Mshengu Toilet Hire or one of its subsidiaries pump out waste matter from, or clean or service any toilet, or remove or change any container installed therein, which breach shall entitle the Lessor to cancel the lease and repossess the toilet/s without notice and prejudice to any claim for damages or otherwise which it may have against the lessee by reason of such breach.
The Company undertakes to make every effort to maintain the equipment in a satisfactory condition, but shall not be liable for consequential damages arising out of any cause of whatsoever nature, including the late or non delivery of the equipment .The Company shall be entitled to enter the hirer’s premises at all reasonable times to inspect and service the equipment and if necessary to repossess the equipment, and in repossessing the equipment to do all things and use all such equipment as may be necessary in order to remove the equipment.