Terms & Conditions

1. International Transport Services

• "Company" means Desich SA Trailers, duly authorised in terms of the laws of the Republic of South Africa.

• “Damage(s)” (in relation to the trailer and/or Third Party Damage) means the actual costs in towing, transporting and storing the trailer, repairing any damage (including tyre and rim damage), replacing parts or accessories (without allowing for depreciation), paying an expert to inspect collision damage and report thereon, and reimbursing such expert (an invoice, job card or quotation produced by the company will be seen as proof of any such expenditure), or any other charges incurred related to an incident of whatsoever nature, and includes a total loss when applicable.

• “Day” means a period of 24 hours (or any part thereof), calculated from the time out as reflected on the Rental Agreement.

• “Driver” means such person who is reflected on the Rental Agreement as being authorised by the Company to tow the trailer.

• “Extended Period” means any extension of the rental period beyond the agreed return date or time reflected on the Rental Agreement and authorised by the Company.

• “Liability” means and includes both the amounts reflected in the Rental Agreement relating to the amounts due and payable in the event of damage, loss and/or theS and any third party loss or damage.

• “Trailer Rental Agreement” means the entire Rental Agreement issued by the Company to the Renter including these standard terms and conditions. Once the Renter has signed the Rental Agreement it will have the effect of a legal binding agreement between the parties.

• The “Rental Period” means the period between the date when the trailer is taken by the Renter and the termination date and time as specified on the Rental Agreement, or if such period is extended, the time and date entered on the Company’s records.

• The “Renter” means all of the persons whose names appear on the Rental Agreement as Renter, Driver or Additional Driver and who have produced a valid unendorsed driver’s license to the Company’s rental agent and if and where required, their identity/passport documents.

• The “Renting Location” means the Company’s premises from which the trailer is rented by the Renter.

• “Third Party Damage” means any claims made by a third party in respect of Damages or loss that the Renter has actually or is alleged to have caused to the property or asset of a third party.

• The “trailer” means the trailer as defined in the Rental Agreement including, tyres, tools, equipment, accessories and documents in and on the trailer when the Renter takes delivery of the trailer at the renting location and includes any replacement trailer which has been officially authorised by the Company, whether or not such replacement was authorised or approved by the Renter.

• “Total loss” (in relation to a trailer) means: (1) Damages where the estimated costs of repairs is such that the trailer is in the sole and absolute discretion of the Company uneconomical to repair; or (2) When the trailer is stolen and/or lost; the amount of the total loss will be the retail value, the price of a new trailer, as supplied by a reputable manufacturer, as at the date of loss, less any salvage.

• The singular shall include the plural and visa versa, pronouns of any gender shall include those of the other gender and natural persons shall include legal and juristic persons and visa versa.

2. RENTAL OF THE TRAILER

The Company rents the trailer to the Renter, who hires the trailer subject to the terms and conditions as set out herein. The Renter will be bound by these terms and conditions, whether he was towing/using the trailer or not.

3. DELIVERY OF THE TRAILER

• Delivery of the trailer takes place from the moment the Trailer is hitched to vehicle of the Renter, until the return and unhitching of the trailer at the property of the Company.

• The Renter will inspect the Trailer before taking possession and will notify the Lessor of any existing damages or defects prior to taking possession of the trailer. The trailer shall be deemed to have been delivered in good roadworthy and proper working condition without any damage (unless such damage is recorded in writing and signed by both parties under ‘trailer condition report’ on the Rental Agreement). Any damage not so recorded will be for the account of the Renter.

• The Renter is responsible for maintaining the Trailer during the rental period, including tire pressure, lighting, and ensuring it is clean and in good working order.

4. USE OF TRAILER

• The trailer may only be utilised for the rental period or any extended period.

• The Renter agrees that any extension so noted on the Company’s records would correctly reflect such extended period.

• The trailer may only be towed by the Renter or an Additional Driver duly authorised by the Renter to tow the Trailer.

• During the rental period, the trailer may not be: (1) Overloaded, the maximum weight being shown on the Trailer Licence disk; (2) Sublet to any third party; (3) used to transport any person on or in the trailer; (4) towed by an unlicensed driver; (5) used to transport any of the following: sand (specifically wet sand), builder’s rubble, bricks, corrosive or hazardous chemicals and livestock; (6) used to transport goods in violation of any customs laws or in any other illegal manner; (7) used beyond the borders of South Africa unless authorised by the Company in writing; or (8) in any area where there is or may be a risk or incidents of civil unrest, political disturbance or riot or any activity associated with any of the mentioned.

• The Renter, Driver and/or Additional Driver shall make adequate provision for the safety and security of the trailer including but not limited to the trailer being properly secured and safely stored at all times when the trailer is not in active use.

• Notwithstanding possession of the Trailer by the Renter, the trailer will remain the exclusive property of the Company at all times and the Renter shall not alienate, sublet, lend, or otherwise deal with the goods at any time.

5. RETURN OF THE TRAILER

• The Renter shall return the trailer, at the Renter’s expense to an authorised representative of the Company on or before the agreed return date, time and at the agreed renting location reflected on the rental agreement.

• Should a trailer be returned to the Lessor after the specified return date the following conditions shall apply: (1) Forfeiture of the deposit paid by the Renter to the Company; (2) The Renter shall be liable to pay to the Company an amount of a further rental, which shall be calculated on the rating schedule for the period from the scheduled return date and time, until the time of the return of the goods to the Company; (3) The Company shall be entitled to claim, and the Renter shall be bound to pay damages for any losses suffered by or harm to the Company as a result of the hirer’s failure to return the goods timeously.

• The Renter acknowledges that failure to return the trailer in terms of the agreement shall constitute unlawful possession by him, and the Company may repossess the trailer wherever it may be found and from whomsoever is in possession thereof. Any costs incurred in recovering the trailer as well as the cost of any additional rental days, will be for the account of the Renter.

• During the rental period, the trailer may not be: (1) Overloaded, the maximum weight being shown on the Trailer Licence disk; (2) Sublet to any third party; (3) used to transport any person on or in the trailer; (4) towed by an unlicensed driver; (5) used to transport any of the following: sand (specifically wet sand), builder’s rubble, bricks, corrosive or hazardous chemicals and livestock; (6) used to transport goods in violation of any customs laws or in any other illegal manner; (7) used beyond the borders of South Africa unless authorised by the Company in writing; or (8) in any area where there is or may be a risk or incidents of civil unrest, political disturbance or riot or any activity associated with any of the mentioned.

• Should the trailer not be returned as indicated in 5.1 above, the trailer may be reported as stolen to the relevant authorities.

• The trailer shall be returned undamaged, in good order roadworthy condition as it was when it was collected. The Company shall be the sole and final judge of the condition of the goods at all times, and this decision shall be final and binding.

• The trailer and all risk relating to the trailer will remain the responsibility of the Renter until the Company has recorded the return of the trailer.