RENTAL TERMS & CONDITIONS

ORMS PTY LTD rents the equipment to the Client 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 ORMS PTY LTD’s services and/or equipment are utilised by the Client.

ORMS PTY LTD lets the equipment to the Client 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.

1.Charges

Nothing in these terms and conditions shall be construed as passing ownership of the equipment to the Client. The equipment is, and shall be at all times the sole and exclusive property of ORMS PTY LTD and the Client shall have no right or title thereto or interest therein except as expressly set forth in these terms and conditions.

The 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 Daily Rate, from the time the equipment leaves the premises of ORMS PTY Ltd at 5 Roeland Square, Roeland Street, Cape Town or Ground Floor, Tyger Valley Chambers 2, 27 Willie Van Schoor Drive, Tyger Valley or handover via ORMS representative 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.Insurance

The insurance of all equipment is mandatory, and is included in the daily rate unless specified otherwise. 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 Client will need to provide ORMS PTY Ltd with proof of additional insurance before the equipment leaves ORMS PTY LTD.

The Client is also responsible for an excess payable at 20% of the new replacement cost of each item of equipment. and at a minimum rate of R10000.00 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 Client will be liable for the full replacement value of a new item of such equipment as advertised on the ORMS DIRECT website. Any equipment booked under loan or sponsorship will not be covered under this section and the receiver of such will be liable for full replacement in case of damage or loss. Any equipment booked with the purpose of sub renting will automatically void the insurance cover.

3.Collection/Delivery/Use of Rental Gear

The Client 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 Client’s expense. Should there be any delays in the return of equipment, the Client will be held responsible for the charges of late return by effecting the day rate of each 24-hour period that the equipment is returned late. In the event of the equipment being returned by a third party, the Client would still be held responsible for the condition in which the rental equipment is returned. Equipment will not be sent via a Courier/Uber driver under any circumstances.

The Client 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.

4.Indemnity

Without prejudice to any rights and obligations ORMS PTY LTD may in terms of these terms and conditions, the Client undertakes to indemnify and keep indemnified ORMS PTY LTD against all claims, demands, actions, proceedings, or prosecutions which may be brought against the Client 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.Payment

A full day rental is charged, even for a partial day’s use. There are absolutely no refunds for early returns. The Client agrees to pay quoted rental rate for each day that the merchandise is in his possession or under his control and until it is returned to ORMS PTY LTD. 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 Defect

The equipment shall be deemed to be in good repair and condition to the Client’s satisfaction upon collection or delivery thereof, as the case may be. Any alleged defect shall be notified by the Client in writing to ORMS PTY LTD within 24 hours of the 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 Client’s attention and in any event not more than 3 days from the date of receipt of the equipment. ORMS PTY LTD shall have no liability with regard to any claim in respect of which the Client has not complied with these terms and conditions of rent.

Furthermore, the Client’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 Client shall not allow any technician to do any repair work upon the equipment without ORMS PTY LTD’s prior written consent in which event the Client shall not have any authority to create any lien or charge upon the equipment and the Client shall give notice of this provision to any technician before such technician does any repair work upon or service of the equipment. Should ORMS PTY LTD become aware of any defects in the equipment on or after the return of the equipment even if visual inspection has revealed no defects, the Client shall be held liable in terms of these terms and conditions.

7. Defective Equipment & On-Site inspection

Due 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 equipment should any defects occur. The Client remains liable for the rental charges during this period as well any other charges set out in these terms and conditions. The Client 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 Client. The Client 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 Contract

If the person signing theses terms and conditions is not the Client, he warrants that he/she has the authority of the Client to contract on the Client’s behalf and shall indemnify ORMS PTY LTD against all losses, damages, actions, proceedings, costs, claims, or demands whatsoever nature suffered or incurred by ORMS PTY LTD as a result of the lack of such authority.

8. Personal Information

By providing the Client’s personal information, the Client hereby authorises ORMS PTY LTD, of 5 Roeland Square, Roeland Street, Cape Town and Ground Floor, Tyger Valley Chambers 2, 27 Willie Van Schoor Drive, Tyger Valley, to process the Client’s personal information. “Personal Information” is defined in the Protection of Personal Information Act of 2013 (“POPIA”), and includes, amongst other information, the Client’s name, contact numbers, email address, identity number, and residential and postal address. ‘‘Processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including— (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information.

The Client expressly provides his/her voluntary, specific and informed consent to the processing of his personal information in the manner described herein. If the Client objects to any of the potential uses described herein, the Client must not use ORMS PTY LTD’s rental services as ORMS PTY LTD will need to process, including distribute, to third parties the Client’s personal information.

The following are the reasons why ORMS PTY LTD processes the Client’s personal information:

• to identify the Client;
• in order for ORMS PTY LTD to process the Client’s instructions or requests;
• to process the Client’s rental order/s and keep the Client informed of its progress;
• for collection/delivery of the equipment;
• in order for ORMS PTY LTD to ensure that the Client can comply with his/her obligations;
• to give effect to the Client’s payment instructions;
• to obtain a credit history report in order to validate the Client’s information and obtain insurance for warranty purposes;
• statistical, research or historical analysis;
• to develop and improve products and services;
• to update the Client and ORMS PTY LTD’s records;
• to identify which of ORMS PTY LTD’s products and services might interest the Client;
• to identify and prevent fraud, money laundering and other criminal activities;
• for market research.

ORMS PTY LTD will use reasonable efforts in order to ensure that any personal information in their possession or processed on their behalf is kept confidential, stored in a secure manner and processed in terms of POPIA, for the purposes the Client has authorised, and only for the period that the ORMS PTY LTD will require it.

The Client acknowledges that personal information may be transferred cross-border to countries, which do not necessarily have data-protection laws similar to South Africa, for verification or storage purposes. In any cross-border transfer of personal information the recipient will be notified of the need to protect the confidentiality of the personal information.

ORMS PTY LTD may share your personal information with third parties involved in the process of providing the services you request. We have trusted relationships with these carefully selected third parties who perform services on our behalf. All service providers are bound by contract to maintain the confidentiality and security of your personal information and are restricted in their use thereof as per these terms and conditions.

The Client is entitled to request access to his/her personal information at a prescribed fee and to request that inaccurate, irrelevant, excessive, outdated, incomplete, misleading or unlawfully obtained information be corrected.

The Client unconditionally agrees to indemnify ORMS PTY LTD acting in good faith in taking reasonable steps to process the Client’s personal information lawfully, against any liability that may result from the processing of the Client’s personal information. This includes unintentional disclosures of such personal information to, or access by unauthorised persons, and/or any reliance which may inadvertently be placed on inaccurate, misleading, or outdated personal information, provided to ORMS PTY LTD by the Client or by a third party in respect of the Client.

Should the Client have a complaint about the processing of his/her personal information, which ORMS PTY LTD is unable to resolve, the Client may contact the Information Regulator by sending an email to: inforeg@justice.gov.za.

9. Arbitration

Any 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 president for the time being of the Cape Town Bar; 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.