Rental Terms and Conditions:ORMS PTY LTD rents the equipment to the Lessee on the terms and conditions set out herein.
These Terms and Conditions are ongoing and shall not require separate terms and conditions for each and every occurrence or event where the Company’s services and/or Equipment are utilised by the Client.
ORMS PTY LTD lets the equipment to the Lessee as is providing no warranties and making no representations of whatsoever nature. ORMS PTY LTD cannot be held liable for any loss or damage of whatsoever nature suffered as a result of the malfunctioning or underperformance of (or any defects in) the equipment.
Nothing in these terms and conditions shall be construed as passing ownership of the equipment to the Lessee. The equipment is, and shall at all times be and remain the sole and exclusive property of ORMS PTY LTD and the Lessee shall have no right or title thereto or interest therein except as expressly set forth in these terms and conditions.
1. ChargesThe rental charges will be based on the quotation given to the client. Quotations given by ORMS PTY LTD are valid for 7 days from date of issue. These rates are based on 24-hour cycles, from the time the equipment leaves the premises of ORMS PTY LTD at Roeland Square, Roeland Street, Cape Town or Victorian Towers Cnr Durban Rd & Palm St or handover via an ORMS representative at an agreed place and time, to the time of its return in an undamaged and unmodified condition. In the case of any loss or damages to the equipment, a daily rate will be charged until the equipment is repaired by a technician appointed by ORMS PTY LTD, or replaced in the case of loss. In the event the equipment is beyond repair, the provisions of clause 2 below shall apply.
2. InsuranceThe insurance of all equipment is mandatory, and is charged at 10% (Ten Percent) of the daily rate. All charges are inclusive of VAT. These charges are valid within the borders of South Africa only. In the event of the equipment being used outside the borders of South Africa, additional insurance will be required at the client’s expense and to the satisfaction of ORMS PTY LTD. The lessee will need to provide ORMS PTY LTD with proof of additional insurance before the equipment leaves ORMS PTY LTD.
The lessee is also responsible for an excess payable at 15% of the new replacement cost of each item of equipment, and at a minimum rate of R8000.00 per item, in the event the equipment cannot be repaired as per clause 1 above. Should the value of an item be less than R10000.00 then insurance will not apply and the Lessee shall be liable for the full replacement value of the item. Any Items booked out under loan or sponsorship will not be covered under this section and the recipient of such will be liable for the full replacement value in case of damage or loss, no matter the value.
Where certain items of equipment cannot be insured for whatsoever reason, the Lessee will be liable for the cost of the repair (if possible) or the full replacement cost of the item.
3. Collection/Delivery/Use of Rental GearThe Lessee shall be responsible for all collections and returns of the equipment within the agreed time. ORMS PTY LTD can arrange a collection/delivery of the equipment at the Lessee’s expense. Should there be any delays in the return of equipment, the Lessee will be held responsible for the charges of late return by effecting the day rate foreach 24-hour period that the equipment is returned late. In the event of the equipment being returned by a third party, the Lessee would still be held responsible for the condition in which the rental equipment is returned. Equipment may not be sent via a Courier/Uber driver under any circumstances.
The lessee shall keep the equipment in his possession and control and exercise care and protect the equipment from loss or damage; he shall keep the equipment free from attachment, hypothec or other legal charge or process; he shall use the equipment carefully and properly and maintain it in orderly and functioning condition; he shall comply and ensure compliance with the specifications, instructions and recommendations of ORMS PTY LTD in connection with the use thereof; and he shall not transfer, sell, cede, mortgage or assign these terms and conditions nor sublet the equipment.
4. IndemnityWithout prejudice to any rights and obligations ORMS PTY LTD may have in terms of these terms and conditions, the Lessee undertakes to indemnify and keep indemnified ORMS PTY LTD against all claims, demands, actions, proceedings, or prosecutions which may be brought against the Lessee and/or in which ORMS PTY LTD may be involved in consequence of or relating to the hiring of ORMS PTY LTD’s equipment, unless due to the wilful act of ORMS PTY LTD. This indemnity will include (but not be restricted to) all costs (including legal costs on the scale as between attorney and own client), damages and other expenses incurred by ORMS PTY LTD in connection herewith.
5. PaymentA full day rental is charged, even for a partial day’s use. There are absolutely no refunds for early returns. The Lessee agrees to pay quoted rental rate for each day that the equipment is in his possession or under his control and until it is returned to ORMS PTY LTD (subject to clause 1). Payment is to be made in full without deduction or set-off on collection of the equipment and should there be amounts owing on return of the equipment or in the case of defective or lost equipment, payment for these amounts will be made when the equipment is returned or the amount provided for repair/replacement (as the case may be).
6. Notice of DefectThe equipment shall be deemed to be in good repair and condition to the Lessee’s satisfaction upon collection or delivery thereof, as the case may be. Any alleged defect shall be notified by the Lessee in writing to ORMS PTY LTD within 24 hours of receipt of the equipment or, in the case of any defect which is not reasonably apparent on inspection, within 1 day of the defect coming to the Lessee’s attention and in any event not more than 3 days from the date of receipt of the equipment. ORMS shall have no liability with regard to any claim in respect of which the Lessee has not complied with these terms and conditions of hire of equipment. Furthermore, the Lessee’s claim against ORMS PTY LTD is limited to only the replacement of the defective item as soon as possible after ORMS PTY LTD has confirmed that the item was defective prior to collection or delivery. The Lessee shall not allow any technician to do any repair work to the equipment without ORMS PTY LTD’s prior written consent in which event the Lessee shall not have any authority to create any lien or charge upon the equipment and the Lessee shall give notice of this provision to any technician before such technician does any repair work upon or service of the equipment.
7. Defective Equipment & On-Site inspectionDue to the nature of the equipment on hire, ORMS PTY LTD will not accept any responsibility for defective gear during operation. ORMS PTY LTD will in such event do everything within reason and in reasonable timing, depending on location, to replace the goods should any defects occur. The Lessee remains liable for the rental charges during this period as well any other charges set out in these terms and conditions. The Lessee also remains liable for the charges set out herein in the event of fortuitous acts or acts of God that result in damage or loss to the equipment whilst in the possession or under the control of the Lessee. The Lessee hereby agrees that the equipment has been inspected in store to ensure no obvious and visible defects occur before leaving the premises to minimize risk.
7. Authority to ContractIf the person signing theses terms and conditions is not the Lessee, he warrants that he/she has the authority of the Lessee to contract on the Lessee’s behalf and shall indemnify ORMS PTY LTD against all losses, damages, actions, proceedings, costs, claims, or demands whatsoever suffered or incurred by ORMS PTY LTD as a result of any lack of such authority.
8. ArbitrationAny dispute between the parties shall be submitted to informal arbitration if after 7 days of receiving written notice, an alleged breach has not been rectified. The arbitration shall be held in Cape Town on the following basis: The parties shall use their best endeavours to ensure that the arbitration is held and concluded and a decision handed down within 14 (fourteen) days after the arbitration has been demanded; the arbitrator shall be a person nominated by the parties or failing agreement between them within 7 (seven) days after the arbitration has been demanded shall be a person appointed by the Secretariat for the time being of the Arbitration Foundation of South Africa (“AFSA”); the arbitrator shall have the fullest and freest discretion with regard to the proceedings; the arbitrator’s decision shall be final and binding. The arbitrator may make an award as to his costs; the provisions of the Arbitration Act 42 of 1965 shall apply to this arbitration.
9. SeverabilityEach provision of these terms and conditions is severable. If any provision shall be held invalid or unenforceable, such provision shall be deemed deleted and replaced by valid and enforceable provisions which, so far as possible, achieves the parties intent in agreeing to the original provision.
The remaining provisions of these terms and conditions shall continue in full force and effect.