Kings Function Hire

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Kings Function Hire

General Conditions of Hire

1. Hire of equipment:

KINGS FUNCTION HIRE (“the owner”) hires to the customer the equipment (“the equipment”) in terms of these General Conditions of Hire. The Parties elect their respective domicilia for the purpose of notice and service of process and proceedings at the addressed stated overleaf.

2. Deposits and hire charges

2.1 The hire charges at the rate and the deposit stated on the invoice are payable cash on delivery, unless otherwise agreed. The deposit less deduction of amounts due shall be refunded to the customer within a reasonable period of return or collection of the equipment.
2.2 The customer shall be deemed to have accepted the correctness of any account unless the owner is notified in writing of any queries or discrepancies within 3 days of date of account.
2.3 Any deposits paid in advance to secure bookings will be forfeited if the booking is cancelled less then 30 days of date prior to the reserved date.

3. Period

3.1 The hire period commences when the equipment is delivered of collected, and subject to 9, ends when the owner accepts return of the equipment.
3.2 The owner shall use reasonable endeavors to ensure that the equipment is delivered or available for collection at the agreed time, but shall not be liable should the equipment not be delivered or available at such time.
3.3 Should the equipment not be refunded or be available for collection at the agreed time of return, the customer shall be charged additional hire charges at the rates stated until such a time as the equipment is either returned or collected by the owner, as the case may be in addition to a traveling charge at the owner’s standard rates should the owner collect the equipment.

4. Equipment

4.1 The equipment shall de deemed in good order and repair, in the quantity and of the description stated on the invoice and, and fit for the purpose of which it is intended when delivered to the customer, unless the customer notifies the owner or its representative forthwith on delivery of any deficiency in quality, defective or incorrectly delivered equipment.
4.2 The owner shall, in its sole discretion, be entitled either to terminate this agreement or refund the deposit and any hire charges paid, or to replace the defective or incorrectly delivered equipment or remedy any defect in the delivered equipment.

5. Maintenance and return of equipment The customer shall:

5.1 Provide dry, under cover storage until such a time as the equipment is returned to the owner.
5.2 Immediately notify the owner should any of the equipment malfunctions. The owner shall repair or replace the equipment at its cost at the owner’s principal place of business, unless the owners in its sole discretion determine that the malfunction is due to improper use of the equipment.
5.3 Return equipment in a clean state and in good order and repair, in particular, but without limitation.
5.4 The customer shall not be entitled to substitute any other equipment for the owner’s equipment.
5.5 Notwithstanding 2.2, unless the equipment is checked and counted on return or on collection in the presence of a representative of the owner, who accepts the correctness of a statement as to the quantity and condition of the equipment, the owner’s statement regarding the quantity and condition of the equipment collected shall be final and binding on the customer.

6. Use of Equipment The Customer:

6.1 acknowledges that it is aware of the purpose of which the equipment is intended, and shall use the equipment of such purposes;
6.2 shall use the equipment at his own risk, and indemnifies the owner against any claim of any nature brought against it by the customer’s employees agents, representatives, guests or any other third parties arising out of the use of the equipment by the customer or while in the possession of the customer, or any other cause and all costs and expenses incurred by the owner on an attorney and own client scale in defending or settling such proceedings;
6.3 Shall have no claim of any nature against the owner for any loss suffered or damages sustained by the customer arising from any cause, including without limitation, use or malfunction of the equipment of the provisions of these General Conditions other that the specific remedies provided for.

7. No Warranties

The owner furnishes no warranties and makes no representations other then those contained herein. The provisions of these General Conditions shall govern the relationship of the parties to the exclusion of all other conditions, whether implied by law or stipulated for by the customer, unless accepted by the owner in writing.

8. Access

The owner shall be at all reasonable times entitled to access to any premises of the customer for the purposes of inspecting or repairing the equipment.

9. Breach

a. Should the customer

9.1 fail to comply with any obligation imposed on the customer in terms hereof, all of which are deemed to be material, on due date, and persist in such failure for three days after having been given written notice to remedy such default: or
9. 2 Commit any act of insolvency, or be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management, the owner shall be entitled to terminate this agreement forthwith and enter on any premises of the customer and retake possession of the equipment.

9. Miscellaneous

9.1 The specific remedies which the owner has against the customer in terms of these General Conditions are without prejudice to any other remedies which the owner may have including the right to claim all such consequential and other damages from the customer as the owner may have suffered as a result of the breach by the customer of any of his obligations.
9.2 The owner’s liability to customer and all persons claiming under him arising from any cause whatsoever including the willful default of negligence of the owner, its employees or agents, shall be limited to the specific remedies provided for therein.

10.1 The customer consents to the jurisdiction of the Magistrate’s Court of the district in which the customer’s domicillium is situate in respect of any legal proceedings arising out of this agreement.
10.2 The customer will be liable for the owner’s cost on an attorney and own client scale should the owner institute legal proceedings against the customer arising out of the provisions of the General Conditions, or arising out of the customer’s use or possession of the equipment.
10.3 The owner shall be entitled to apply any amount received from the customer to the liquidation in whole part, of any obligation whether arising out of his hire or otherwise owed by the customer to the owner, irrespective of whether the final amount of the obligation has been determined.