Rental Terms and Conditions

1. At the place and on the date specified overleaf (or at such other place or on such other date as agreed to by the parties in writing) the Renter shall return the vehicle together with all its accessories undamaged and in the same condition as when received, fair wear and tear excepted. Ownership of the vehicle shall always remain vested in the Company.

2. The Renter acknowledges receipt of the vehicle in good order and condition and acknowledges that the fuel-tank, oil reservoir and radiator are, at the time of receipt by the vehicle by him, filled to capacity. The Renter shall be liable for the cost of the fuel consumed by him during the currency of this agreement or until such time the vehicle is returned to the Company (whichever period shall be the longest).

3. The vehicle shall not be used or driven:

a. for the conveyance of any person or property for consideration, expressed or implied.

b. in contravention of the law.

c. by any person who has given the Company any false information.

d. in any race, speed test or other motor sport event.

e. to tow or propel any other vehicle or trailer.

f. by any person under the age of 23 years.

g. by any person under the influence of alcohol or drugs.

h. by anyone other than a licensed driver authorised by the Company by the insertion of such person's name on Page 1 hereof, but notwithstanding the afore going the Renter shall at all times be personally liable for the actions of the driver, and for the fulfillment of the terms and conditions hereof.

i. the vehicle shall not be removed from the Republic of South Africa without the written consent of the Company.

4. The Renter shall pay the Company on demand all charges as they become due in terms of this agreement. In the absence of a predetermined agreed tariff such payments shall be made in accordance with the applicable tariff as set out in the Company's current tariff brochure. The Renter shall be liable to pay:

a. A charge calculated at the rate specified or otherwise applicable for the distance covered from the Company's depot where the Renter received the vehicle and back to such depot. The Renter confirms the correctness of the odometer reading. Where such odometer ceases to function through mechanical failure, the kilometerage covered shall be assessed by the Company in its discretion and such assessment shall be binding upon the Renter. In the event of the odometer ceasing to function for any other reason, the Company may at its option either assess the kilometerage covered or, where the seals have been broken or tampered with, charge the Renter a rental of not less than 400km per day for the duration of this agreement or until the vehicle is returned (whichever period shall be the longest).

b. Time charges, vehicle insurance, personal accident insurance premium and any other charges specified on the face hereof.

c. In the event of the vehicle not being returned to a depot or agreed place of return, a collection charge calculated at the rate specified for the kilometers covered by the Company from the Company's depot, where the Renter receives the vehicle and back to such depot, in order to collect the vehicle, plus a charge for all petrol consumed during such collection.

d. All taxes as are payable in law.

e. All fines, penalties and Court costs imposed for parking or traffic offences whilst the vehicle is held or used pursuant to this agreement.

f. The Company's legal costs on attorney and client scale, incurred in collecting payment or in enforcing the Company's right hereunder.

5. Under no circumstances shall either the Renter or the authorised driver be or be deemed to be the agent, servant or employee of the Company.

6. The Company shall not be liable for the loss of or damage to any property left or transported in or upon the vehicle.

7. The vehicle is insured in terms of the provisions of the Motor Vehicle Accidents Act and under an Insurance Policy as herein after indicated. In respect of the said insurance and as a condition of the agreement the renter warrants that:

a. Neither he nor any person who to his knowledge will drive a vehicle has defective vision or hearing; ever had a fit; has any physical infirmity; been convicted of any offence in connection with the driving of any motor vehicle; had any motor driver's licence endorsed, or cancelled.

b. No Insurer or Underwriter in respect of any motor insurance has ever declined his application; cancelled his policy, refused to renew his policy; required an increased premium or imposed special conditions on him or the driver.

8. The vehicle described on the front of this agreement is covered under an Insurance Policy issued by a registered Insurer against:

a. Loss and/or damage to the vehicle; and

b. Damage to the property of Third Parties other than where such damage is caused through the fault of the Renter or driver of the Company's vehicle. Excluded from the benefits of the Insurance Policy concerned are the contents of the vehicle hereby rented.

Subject to compliance with the warranties set out in Paragraph 7 above, and subject to the provisions of Paragraph 3 above, and provided that the Renter shall have initialed the box under the heading VEHICLE INSURANCE on the front of this agreement, the Renter shall be entitled to the benefits of such insurance, provided further that the Renter or driver of the vehicle:

a. Has not breached any provisions of this agreement.

b. Shall immediately report to the Company any damage, accident, breakdown or theft involving the vehicle or its accessories.

c. Immediately delivers to the Company every demand, notification, summons or process received relating to any claim, action or prosecution in connection with any collision or occurrence involving the vehicle.

d. Refrains from admitting liability for any claim or assisting any claimant in regard thereto.

e. Co-operates with the Company or its Insurer in the investigation and defence of any prosecution, claim or action.

f. Shall only be responsible for the compulsory excess referred to in the Company's Brochure.

Should the Renter decline, fail or neglect to initial the box under the heading Vehicle Insurance on the front of this Agreement, he shall be fully liable for the total amount of damages sustained by the vehicle, irrespective of whether the vehicle is driven by the Renter personally or by anyone else.

The Insurance Policy hereinbefore referred to obtained by the Company, does not apply to or cover:

a. any damages which the Company may suffer as a result of loss of use of the vehicle owing to its destruction or damage thereto, for which damage the Renter shall be liable including rental costs until insurance has settled full claim.

b. claims arising from injuries received by passengers of the vehicle, and

c. damage or destruction of property owned by, rented to, in charge of, or transported by the Renter or driver.

d. Loss of and damage to wheels or tyres.

9. The Company accepts no responsibility for delays in consequence of breakdown or other circumstances.

10. The Renter undertakes to return the vehicle to the Company for service and lubrication after every 10,000 km travelled or, alternatively to satisfy the Company that he has effected at its own cost the service and lubrication required in accordance with the manufacturer's specifications. Failing the Renter's compliance with this clause he shall be liable for any damages which the Company may suffer in consequence of such failure.

11. The Renter shall not in any manner alienate or transfer his rights or obligations arising out of this Agreement.

12. In the event of breach of any of the terms and conditions of the agreement, or if in the opinion of the Company the vehicle is being driven or used in a manner which is likely to be prejudicial to the Company or any person, it shall be entitled to forthwith terminate this agreement and to take immediate repossession of the vehicle without prejudice to any other claims of any nature whatsoever that it may have against the Renter.

13. Notwithstanding anything to the contrary herein contained the Renter shall be liable to pay interest on any outstanding amounts due and payable hereunder at the current banker's prime lending rate calculated from the due date for payments to date of payment in full.

14. No variations or waiver of any of the conditions hereof shall be operative against the Company unless contained in writing and signed by the Company.

15. The parties hereto agree that in any legal proceedings arising out of or in connection with the agreement, the Magistrates Court having jurisdiction over the person of the Defendant, in terms of Section 28 of the Magistrate's Court Act, shall have jurisdiction in respect of such legal proceedings, notwithstanding that the amount claimed, in such proceedings, shall exceed the normal jurisdiction of the Magistrate's Court. For the purpose of such proceedings the Renter hereby chooses as domicilium citandi et executandi the agreed address set out on the front of the Agreement, in the box entitled "Local Address".

16. In the event of the Renter being a married woman she warrants by her signature hereto that the marital power of her husband has been excluded.

17. By his signature hereto as the authorised agent of the Renter such signatory undertakes personal liability for the Renter's obligations hereunder, notwithstanding anything to the contrary herein contained.

18. When a client pays an Agent, written consent must be obtained from the Company.

19. The Renter bears all legal costs incurred by the Company on outstanding accounts.

20. The vehicle may not be used as a taxi.