car rental agreement in south africa  






1. VEHICLE RENTAL AGREEMENT between PMR Automotive (Proprietary) Limited T/A Executive Mobility Financial Solutions Registration Number: 2013/040952/07 (“Rentor”) 24, Seventh Avenue, Parktown North, Johannesburg, South Africa 2193 AND ________________________________________________________________________________________________________(“the Rentee”) Identity / Registration Number:_________________________________ Of _____________________________________________________________________________________________________ RENTAL DETAILS Description of Vehicle (Make / Model):______________________________________________________________________________ Engine No._____________________________________ Chassis No._________________________________________ Year of Registration:______________________________ Registration No.______________________________________ 1.1. DURATION OF RENTAL: __________ months expiring on the_______ day of ______________ (“Expiry Date”) AMOUNT PAYABLE ON DELIVERY 1. First full month rental (inclusive of VAT) R________________ 2. Administration and delivery fee R________________ 3. Downpayment(s) R________________ 4. Security deposit R________________ 5. Key deposit R________________ 6. Pro rata rental to end of First calendar month R________________ (Inclusive of VAT) TOTAL R________________ The security and key deposit are refundable at the end of the rental period subject to the terms and conditions of the Rental Agreement 1.2. RENTAL: The Base monthly rental payable for the Vehicle inclusive of Damage and Loss Liability Waivers R________________ Date of first debited payment Additional Rental Benefits: R________________ (second rental payment): Value Added Tax: R________________ __________________ TOTAL MONTHLY RENTAL: R________________ This rental is subject to fluctuations with the Prime Interest Rate: Yes____ No____ 1.3. Rentee’s Liability for Excess of Damage and Loss Liability Waiver ______________________________________________ 1.4. TRAVEL LIMITATION: “The maximum distance the Rentee may travel in the Vehicle each month is _____________ km”. TERMS AND CONDITIONS 2. DEFINITIONS AND INTERPRETATION: 2.1. In this Agreement :- 2.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of any of the provisions of this Agreement; 2.1.2. The parties shall, wherever necessary and appropriate, be referred to by their defined designations as in 2.2 below; 2.1.3. A reference to :- 2.1.3.1. one gender shall include the other gender; 2.1.3.2. the singular shall include the plural and vice versa; 2.1.3.3. a natural person shall include corporate or un-incorporate created entities and vice versa; 2.1.3.4. all of the schedules and/or annexures are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement; 2.1.3.5. words and/or expressions defined in this Agreement shall bear the same meanings in any schedules and/or annexures hereto which do not contain their own defined words and/or expressions; 2.1.3.6. where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day; 2.1.3.7. where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday in the Republic of South Africa, the parties shall be deemed to have intending such act to be performed upon or by the first day thereafter which is not a Saturday, Sunday or a public holiday; 2.1.3.8. where an expression has been defined (whether in 2.2 below or elsewhere in this Agreement) and such definition contains a provision conferring rights or imposing obligations on any party, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement; 2.1.3.9. if figures are referred to in numbers and words, the words shall prevail in the event of any conflict between the two; 2.1.3.10. words and/or expressions defined in this Agreement shall, unless the application of such word and/or expression is specifically limited to that clause, bear the meaning so assigned to it; 2.1.3.11. the contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the party responsible for the drafting or preparation of such provision; 2.1.3.12. the eiusdem generis rule shall not apply, and whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned; 2.1.3.13. a reference to any statutory enactment shall be construed as a reference to that enactment as the signature date and as amending or re-enacted from time to time thereafter; 2.1.3.14. unless specifically provided to the contrary, all amounts referred to in this Agreement are exclusive of value added tax; 2.1.3.15. the expiration or termination of this Agreement shall not affect such of its provisions as expressly provided that they will continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination; 2.1.3.16. any communication which is required to be “in writing” shall include a communication which is written or produced by any substitute for writing or which is partly written and partly so produced, and shall include printing, typewriting, lithography, facsimile or electronic mail or any form of electronic communication or other process or partly one and partly another. 2.2. In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, with cognate expressions having corresponding meanings:– 2.2.1. “Agreement” or “ this Agreement” means this Vehicle Rental Agreement concluded between the Rentor and the Rentee; 2.2.2. “Base Rental” means the monthly rental payable for the use and enjoyment of the Vehicle, inclusive of limited Damage and Loss Liability Waivers, and the monthly tracker and immobilizer fee but excluding the monthly rental payments for any Additional Rental Benefits . 2.2.3. “Delivery Date” means the date upon which the Rentee takes delivery of the Vehicle; 2.2.4. “Early Termination” means the termination of the Agreement for those reasons in paragraph 19; EMFS Rental Contract 092013 2.2.5. “Early Termination Settlement” means the figure payable as a result of an Early Termination. The Early Termination Settlement in circumstances where the vehicle is damaged beyond repair shall be an amount equal to the difference between the nett present value of the remaining rentals due in terms of this Agreement calculated at Prime plus 2% and the vehicles post-accident value plus 10% of the value of the remaining rentals due in terms of this Agreement as at the date of Early Termination. In all other circumstances giving rise to Early Termination the Early Termination Settlement should be the amount equal to the nett present value of the remaining rentals due in terms of this Agreement less the trade value of the Vehicle (as determined in Meade and McGrouther) plus 10% of the value of the remaining rentals due in terms of this Agreement as at the date of Early Termination. 2.2.6. “Fair Value” means the value of the Vehicle from time to time determined by reference to the mean average between the trade value and the retail value contained in the most recent published edition of Meade and McGrouther; 2.2.7. “Damage and Loss Liability Waivers” means the amount by which the Rentee’s liability in the case of accident damage to or loss of the vehicle through theft or highjacking will be limited subject to the terms and conditions of this Agreement; 2.2.8. "Prime Rate" means the publicly quoted basic annual rate of interest at which Standard Bank lends on overdraft; 2.2.9. “Road Traffic Laws” means the National Road Traffic Act No 93 of 1996 and any supplementary or replacement legislation together with all applicable provincial and municipal road traffic by-laws and regulations; 2.2.10. “Vehicle” means the motor Vehicle described in Paragraph 1 hereto. 3. DURATION This Agreement shall be deemed to have commenced on the date of delivery of the Vehicle to the Rentee and shall remain in force until the Expiry Date as reflected in paragraph 1. 4. PAYMENT OF RENTALS 4.1. All rentals shall be paid in advance, by debit order, on either the first or fifteenth working day of each month at the Rentee’s election. In the event that the delivery date does not fall on the first day of the month, the rental for that month will be calculated pro-rata and paid in advance by the Rentee. The last rental payment shall be payable on the date indicated in paragraph 1. 4.2. The Rentee shall not withhold, defer or make any deduction whatsoever from any rental payment due, whether or not the Rentor is indebted to the Rentee or in breach of any obligation to the Rentee. 4.3. The rental and all other amounts payable by the Rentee under this Agreement shall be inclusive of Value Added Tax insofar as it is applicable. 4.4. The total monthly rental shall escalate by 8% (eight) annually, on the anniversary of the Delivery Date. 4.5. If so elected by the Rentee in paragraph 1, the total monthly rental shall fluctuate with the Prime Rate. 4.6. The Rentee shall be liable for interest on all overdue amounts payable in terms of this Agreement calculated at 2% per month, reckoned from the date upon which the payment fell due. 5. SECURITY DEPOSIT 5.1. A security deposit shall be paid upon signature of this Agreement by the Rentee. No interest shall accrue to the security deposit during the period of the Agreement. 5.2. Once all the obligations due by the Rentee to the Rentor have been discharged following upon the expiry of this Agreement, in terms of paragraph 1, the Rentor shall refund to the Rentee, free of interest, so much of the Security deposit as has not been applied in settlement of any amounts owing by the Rentee to the Rentor in terms of this Agreement. 6. KEY DEPOSIT A key deposit for an amount equal to that recorded in paragraph 1 shall be paid by the Rentee to the Rentor upon signature of this Agreement and retained by the Rentor until such time as all keys to the Vehicle are returned to the Rentor. No interest shall accrue to the security deposit during the period of the Agreement. 7. RISK OF LOSS OR DAMAGE 7.1. The Rentee by accepting the Vehicle acknowledges having inspected the Vehicle and receiving the Vehicle in a good and roadworthy condition, free of any obvious defects or damage. 7.2. Should any material defects manifest themselves in the Vehicle within 7 days of the Rentee taking delivery thereof from the Rentor, then on written notice to such effect from the Rentee, the Rentor shall notify the supplier and take steps to have any defect repaired in terms of the manufacturer’s warranty. On no account however shall the Rentor be liable for any such defects to the Vehicle. 7.3. The risk in and to the Vehicle shall immediately pass to the Rentee on delivery of the Vehicle and shall remain with the Rentee throughout the entire period of this Agreement. 8. OWNERSHIP 8.1. The Rentor shall at all times remain the owner of the Vehicle. The Rentor may inspect the Vehicle at any reasonable time wherever it may be kept. The Rentee warrants that when it is not been used, the Vehicle shall be kept at the Rentee’s address recorded in paragraph 1. The Rentee undertakes that in the event of a change of address it shall forthwith notify the Rentor thereof in writing and any failure to do so shall be deemed to be a material breach of this Agreement. 8.2. The Rentee shall use and operate the Vehicle in compliance with the Road Traffic Laws; 8.3. The Rentee shall not-: 8.3.1. use or permit the Vehicle to be used for any commercial enterprise or activities unless permitted to do so with the Rentor’s prior written consent; 8.3.2. cause or allow the Vehicle to be neglected, abused, damaged, modified either in terms of its body or its components, tamper with, remove or replace any of the Vehicle’s components, or use the Vehicle or allow it to be used for any purpose for which it is not designed or intended to be used or used in circumstances such that there may be an increased risk of danger or a loss or damage or undue wear and tear; 8.3.3. drive or allow the Vehicle to be driven recklessly and and/or negligently or in contravention of any road or traffic regulations; 8.3.4. convey any materials or articles in the Vehicle which may cause damage to its upholstery or any other part of the Vehicle; 8.3.5. drive or permit any other person to drive the Vehicle whilst under the influence of alcohol, strong medication or any unlawful drugs; 8.3.6. allow the Vehicle to be in any area such as an unrest area, whether there is or could be an increased risk that the Vehicle may be damaged through civil disturbance, social or economic protest or any act associated with the aforegoing; 8.3.7. permit any unauthorised person to drive the Vehicle during the period of this Agreement; 8.3.8. permit the Vehicle to leave the borders of the Republic of South Africa without the written consent of the Rentor first having been given. 8.4. The Rentee shall at all times exercise due care, to the extent that the Rentee will -: 8.4.1. take all reasonable precautions to safeguard the Vehicle against any loss, harm or damage 8.4.2. pay all costs of fuel, oil and other consumables that may be required to keep the Vehicle in good working order; 8.4.3. allow the Rentor and/or its servants and/or its agents all reasonable rights of access to the Vehicle and if called upon to do so, disclose to the Rentor the Vehicle’s locality, kilometres on the odometer and the state of the Vehicle, at any time. 8.5. The Rentee shall ensure that-: 8.5.1. whenever the Vehicle is left parked or unattended, all doors and windows are locked and the alarm/immobilizer device, is activated; 8.5.2. the doors of the Vehicle are locked and the keys to the Vehicle are in his possession. 9. VEHICLE MAINTENANCE 9.1. The Rentee shall exercise that degree of care necessary to maintain the Vehicle in a good and roadworthy condition, using the same degree of care as would ordinarily be exercised if the Vehicle belonged to the Rentee; 9.2. The Rentee shall abide by the manufacturers specifications in regard to the Vehicle and shall not change or alter any aspect of the Vehicle without the Rentor’s prior written consent to do so; 9.3. The Rentee shall not remove or tamper with the tracking system or immobilizer fitted to the Vehicle or render same inoperable; 9.4. The Rentee shall ensure that the Vehicle is serviced as prescribed by the manufacturer, acknowledging in this regard that all costs of service including the cost of tyres, fuel, oil and consumables are for the Rentee’s account. Service and maintenance of the Vehicle must be carried out by a manufacturer approved dealer or a dealer approved by the Rentor; 9.5. Where the Rentee fails to submit the Vehicle for its recommended service timeously and the maintenance or service plan is terminated, the Rentee shall be responsible for and shall pay to the Rentor, on demand, any cost associated with re-instating the maintenance and/or service plan together with an administration fee of R500. 9.6. All parts and accessories that are replaced or added to the Vehicle during the rental period shall become the Rentor’s property and the Rentee shall not be entitled to be compensated therefor. 10. LIMITATION ON TRAVEL 10.1. The maximum distance that the Rentee may travel in the Vehicle each month from the commencement date of this Agreement is that amount stated in paragraph 1.4. (“the maximum limit”); 10.2. Where the distance travelled exceeds the maximum limit, the Rentee shall be liable to the Rentor for an additional R3,00 rental per kilometre for each kilometre or part thereof exceeding the maximum limit; 10.3. The odometer on the Vehicle shall be deemed to accurately record the distance travelled by the Rentee provided that where the Rentee contends that the odometer has malfunctioned, the Rentee shall be required to immediately notify the Rentor thereof. The tracking system installed in the Vehicle may be used by the Rentor to verify the distance travelled by the Rentee; 10.4. The amount owing for the distance travelled in excess of the maximum limit shall be calculated on the Expiry Date or upon Early Termination, whichever occurs first, and paid when the Vehicle is returned to the Rentor. 11. COLLISION DAMAGE, THEFT OR TOTAL LOSS 11.1. The Rentee shall immediately, but in any event, within a period of no later than 24 hours-: 11.1.1. notify the Rentor by telephone and in writing of any accident in which the Vehicle has been involved or of any theft of the Vehicle; 11.1.2. report such accident or theft to the South African Police Services and immediately provide the Police case reference number to the Rentor. 11.1.3. where possible, obtain the name and address of all parties involved in the accident and any witnesses to the accident; 11.1.4. shall not acknowledge responsibility or liability for the accident or release any party from any potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimed liability. 11.2. Where the Vehicle is unable to be driven after an accident, the Rentee shall permit only a tow truck authorised by the Rentor or the Rentor’s insurer to remove the Vehicle; 11.3. The Rentee shall be responsible for any amount in excess of the Damage and Loss Liability Waivers as referred to in paragraph 1; 11.4. Any accidental damage to the Vehicle shall be repaired by a panelbeater or other appropriate service provider or technician, approved by the Rentor; EMFS Rental Contract 092013 11.5. Where the damage to the Vehicle is of such a nature that the cost of repair exceeds the value of the Vehicle the Rentee shall be liable for the difference between the Fair Value of the Vehicle and the compensation paid by the Rentor’s insurer for the Vehicle. 11.6. Similarly, where the damage to the Vehicle may not render the Vehicle a write-off but the Vehicle suffers damage that affects its Fair Value, the Rentee shall be responsible for the difference between the actual value of the Vehicle after the accident, as determined by an expert and the Fair Value thereof; 11.7. Subject to the provisions of paragraphs 11.5 and 11.6 above, the Rentor, at its sole discretion and once the Rentor has been compensated for its loss aforementioned, may provide to the Rentee a replacement Vehicle of similar value and specifications where the Rentee’s Vehicle is damaged beyond repair The Rentee may accept the replacement Vehicle or elect to exercise his right to Early Termination of the Agreement. 12. FINES AND PENALTIES 12.1. The Rentee shall be responsible for fines and penalties imposed for road traffic offences provided that the Rentee shall pay the fine or penalty imposed together with an administrative fee of R250 for each fine or penalty, upon demand by the Rentor; 12.2. In circumstances where the Rentee receives 12 or more traffic fines or penalties during a 12 month cycle this shall be deemed to be a material breach of the Agreement, and the Rentor shall be entitled, at its discretion, to terminate this Agreement forthwith and proceed in accordance with paragraph 22 below; 12.3. The Rentee shall pay all road tolls levied, provided that where the Rentee does not pay such toll or does not subscribe for an e-toll tag, then any such tolls that become payable by the Rentor shall be paid by the Rentee together with an administration fee of R250 for each toll claim, upon demand by the Rentor. 13. ROAD LICENSE The Rentor shall be responsible for the renewal of the annual road license. 14. TRACKER AND IMMOBILISER 14.1. A tracker and immobilizer device shall be installed in the Vehicle prior to delivery; 14.2. Under no circumstances whatsoever shall the Rentee be entitled to remove the tracker and the immobilizer device and any removal thereof shall be deemed to be a material breach of this Agreement permitting the immediate termination of this Agreement by the Rentor; 14.3. The Rentee irrevocably consents to the Vehicle being tracked by the Rentor and irrevocably consents to the Vehicle being remotely immobilized where-: 14.3.1. the Vehicle has been stolen or has been used without authority; or 14.3.2. in circumstances where the Rentee is in breach of the payment terms of this Agreement and has failed, despite written notice having been given, to rectify the breach. 15. REMOVAL OF THE VEHICLE 15.1. The Rentee irrevocably consents to the removal of the Vehicle from his possession in circumstances where he is in breach of a material term of the Agreement and the Rentor has complied with the provisions of paragraph 22 below; 15.2. The aforesaid removal does not preclude the Rentee from such other rights as he may have in law to dispute the alleged breach and to seek the return of the Vehicle. 16. DAMAGE AND LOSS LIABILITY WAIVER 16.1. The Rentee’s liability in the case of accident damage or loss through theft or highjacking is limited by the Damage and Loss Liability Waivers and the Rentee will only be liable for the amount in excess of the Damage and Loss Liability Waivers as referred to in paragraph 1; 16.2. The Rentee shall provide to the Rentor all the information which might be relevant to the Damage and Loss Liability Waivers; 16.3. Where the Damage and Loss Liability Waivers may not include cover for windscreens or tyres, the Rentee shall be liable for the cost of repairing and replacing the windscreen, any other glass and the tyres fitted to the Vehicle during the term of this Agreement; 16.4. The Rentee shall be responsible for any damage or loss to the vehicle where a claim is repudiated on one or more of the general conditions or exceptions under the Rentor’s Insurance Policy and where the Rentee is the cause of the repudiation. 17. RETURN OF THE VEHICLE 17.1. At the conclusion of this Agreement or upon its termination for any reason, the Rentee shall return the Vehicle to the Rentor, together with the keys, accessories, instruction books (if any), the service and warranty books and the spare wheel; 17.2. The Rentor shall conduct an inspection of the Vehicle and once satisfied that the Vehicle has been returned in good order and all keys, accessories, the instruction books (if any), the service and warranty books and the spare wheel have been returned, the Rentor shall return the deposit and the key deposit to the Rentee; 17.3. Where the Rentor is required to effect any repairs to the Vehicle or replace accessories, keys or the spare wheel, wear and tear excluded (provided it falls within the maximum distance) this shall be for the Rentees account and the Rentor shall request payment from the Rentee or deduct these costs from his Security and / or Key deposit, provided that when the deposit is insufficient, these costs may be charged to the Rentees credit card and/or bank account; 17.4. The Vehicle must be returned promptly upon the Expiry Date in terms of paragraph 1.1. Where the Vehicle is not returned on the expiry date the Rentor shall charge the Rentee the Total Monthly Rental payable in terms of paragraph 1.2 plus an additional penalty equal to 20% of the aforesaid rental; 17.5. It is recorded that this Agreement is a rental agreement only and as such the Rentee will not assume ownership of the Vehicle upon the expiry of this Agreement nor is the Rentor under any obligation to offer the Vehicle for sale to the Rentee. 18. THE NATIONAL CREDIT ACT The provisions of the National Credit Act No 24 of 2005 do not apply to the transaction recorded in this Agreement. 19. EARLY TERMINATION 19.1. An Early Termination arises in the following circumstances: 19.1.1. Where the Rentee’s vehicle has been damaged beyond commercial repair but subject to the Rentor being compensated as envisaged in paragraph 11.6, the Rentee may elect to exercise his right to and Early Termination of the Agreement. 19.1.2. the death of the Rentee; 19.1.3. by agreement between the Rentor and the Rentee; 19.1.4. for good cause, at the discretion of the Rentor. 19.2. In order to exercise the right to an Early Termination the Rentee shall deliver written notice of Early Termination to the Rentor, whereafter Early Termination shall be considered. 20. WARRANTIES The Rentee warrants-: 20.1. That a full disclosure of all material facts has been made which would have enabled the Rentor to make an informed decision when concluding this Agreement and renting the Vehicle to the Rentee; 20.2. The Rentee has a valid and current drivers license which has not, in the 12 months preceding the Delivery Date, been revoked, suspended or endorsed; 20.3. He has not been refused insurance by any motor vehicle insurer for a period of 5 years preceding the Delivery Date; 20.4. All credit card and bank account details provided by the Rentee to the Rentor are correct, current and accurate. 21. INDEMNITIES The Rentee hereby indemnifies the Rentor and holds it harmless against-: 21.1. Any road traffic fines, penalties or levies imposed by any Road Traffic or Municipal authority; 21.2. Any claims of whatsoever nature, by any third party as a result of any incident involving or which relates to the Vehicle or the Rentee’s use thereof, and where such claim is not covered by the Vehicle’s insurance policy. 22. BREACH 22.1. In the event that the Rentee-: 22.1.1. has made any misrepresentation to the Rentor relating to this Agreement; 22.1.2. breaches any material term of the Agreement; 22.1.3. voids the manufacturers warranty or incurs damage to the Vehicle in circumstances where the Rentor’s insurer repudiates the claim; 22.1.4. fails to maintain the Vehicle in accordance with the maintenance provisions of this Agreement; 22.1.5. repeatedly disobeys the Road Traffic Laws; 22.1.6. has his license suspended, revoked or restricted in any way; then 22.2. the Rentor shall be entitled, without prejudice to any other rights it may have, to terminate this Agreement forthwith by giving the Rentee written notice of the breach and may thereafter: 22.2.1. collect and repossess the Vehicle without being required to obtain an order of court; 22.2.2. recover all outstanding rentals due in terms of this Agreement, all of which shall become immediately due and payable in full in the event of such breach; 22.3. Where the Rentee fails to pay timeously any amount payable in terms of this Agreement after having been given 5 days written notice to remedy such default, the Rentor shall be entitled to cancel this Agreement and without prejudice to any other rights it may have, collect and repossess the Vehicle as permitted in 15.1. 23. ADDRESSES AND NOTICES 23.1. For the purpose of this Agreement, including the giving of notices in terms hereof and the serving of legal process, the parties choose domicilium citandi et executandi (“domicilium”) as indicated in paragraph 1. 23.2. Any notice or communication given in terms of this Agreement, may be delivered by hand to the domicilium chosen by the party concerned. Any notice or process delivered on any party in connection with any matter or subject arising out of this Agreement or any notice shall be deemed to have been delivered if handed to any responsible person at the domicilium chosen by any party and it shall not be necessary to hand such process or notice to any party personally. 23.3. Any of the parties shall be entitled from time to time, by written notice to the others, to vary its/his domicilium to any other physical address within the Republic of South Africa. 23.4. A notice given as set out above shall be presumed to have been duly delivered on the date of delivery if delivered by hand. 23.5. Any notice which is transmitted by electronic mail to the recipient at the recipient’s e-mail address for the time being shall be presumed, until the contrary is proved by the recipient, to have been received by the recipient on the first business day after the date of successful transmission thereof. 23.6. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication to it/him notwithstanding that it was not sent to or delivered at its/his chosen domicilium citandi et executandi. 24. GENERAL 24.1. This Agreement constitutes the whole Agreement between the parties relating to the subject matter hereof. EMFS Rental Contract 092013 24.2 No amendment or consensual cancellation of this Agreement or any provision or term thereof or of any Agreement or other document issued or executed pursuant to or in terms of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement or of any Agreement or other document issued pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by the parties. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given. 24.3 No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement or any Agreement or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against any party in respect of its rights under this Agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this Agreement. 24.4 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not. 25. CONSENT TO JURISDICTION The parties hereby consent to the non-exclusive jurisdiction of the Johannesburg Magistrate’s Court in respect of any and all proceedings arising under or by virtue of this Agreement whether in respect of damages or otherwise, despite the subject matter and/or cause of action which would otherwise have been beyond such court’s jurisdiction. 26. ACKNOWLEDGEMENT The Rentee acknowledges that he has read and understands the terms and conditions of this Agreement and has no objection thereto. SIGNED AT ____________________________________________________ ON THIS THE ________ DAY OF __________________20___. _____________________________________________ _____________________________________________ For and on behalf of: Rentor (Duly authorized thereto) Witness: ________________________________________ SIGNED AT ____________________________________________________ ON THIS THE ________ DAY OF __________________20___. _____________________________________________ _____________________________________________ Rentee: Witness: ________________________________________

1. VEHICLE RENTAL AGREEMENT between

PMR Automotive (Proprietary) Limited T/A Executive Mobility Financial Solutions Registration Number: 2013/040952/07 (“Rentor”)

24, Seventh Avenue, Parktown North, Johannesburg, South Africa 2193

AND

___________________(“the Rentee”)

Identity / Registration Number:_________________________________

Of ________________________________

RENTAL DETAILS

Description of Vehicle (Make / Model):______________________________________________________________________________

Engine No._____________________________________ Chassis No._________________________________________

Year of Registration:______________________________ Registration No.______________________________________

1.1. DURATION OF RENTAL: __________ months expiring on the_______ day of ______________ (“Expiry Date”)

AMOUNT PAYABLE ON DELIVERY

1. First full month rental (inclusive of VAT) R________________

2. Administration and delivery fee R________________

3. Downpayment(s) R________________

4. Security deposit R________________

5. Key deposit R________________

6. Pro rata rental to end of First calendar month R________________

(Inclusive of VAT)

TOTAL R________________

 The security and key deposit are refundable at the end of the rental period subject to the terms and conditions of the Rental Agreement

1.2. RENTAL:

The Base monthly rental payable for the Vehicle inclusive of

Damage and Loss Liability Waivers R________________ Date of first debited payment

Additional Rental Benefits: R________________ (second rental payment):

Value Added Tax: R________________ __________________

TOTAL MONTHLY RENTAL: R________________

This rental is subject to fluctuations with the Prime Interest Rate: Yes____ No____

1.3. Rentee’s Liability for Excess of Damage and Loss Liability Waiver ______________________________________________

1.4. TRAVEL LIMITATION:

“The maximum distance the Rentee may travel in the Vehicle each month is _____________ km”.

TERMS AND CONDITIONS

2. DEFINITIONS AND INTERPRETATION:

2.1. In this Agreement :-

2.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of any of the provisions of this Agreement;

2.1.2. The parties shall, wherever necessary and appropriate, be referred to by their defined designations as in 2.2 below;

2.1.3. A reference to :-

2.1.3.1. one gender shall include the other gender;

2.1.3.2. the singular shall include the plural and vice versa;

2.1.3.3. a natural person shall include corporate or un-incorporate created entities and vice versa;

2.1.3.4. all of the schedules and/or annexures are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement;

2.1.3.5. words and/or expressions defined in this Agreement shall bear the same meanings in any schedules and/or annexures hereto which do not contain their own

defined words and/or expressions;

2.1.3.6. where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day;

2.1.3.7. where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday in the Republic of South Africa, the parties shall be

deemed to have intending such act to be performed upon or by the first day thereafter which is not a Saturday, Sunday or a public holiday;

2.1.3.8. where an expression has been defined (whether in 2.2 below or elsewhere in this Agreement) and such definition contains a provision conferring rights or

imposing obligations on any party, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;

2.1.3.9. if figures are referred to in numbers and words, the words shall prevail in the event of any conflict between the two;

2.1.3.10. words and/or expressions defined in this Agreement shall, unless the application of such word and/or expression is specifically limited to that clause, bear the

meaning so assigned to it;

2.1.3.11. the contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the

party responsible for the drafting or preparation of such provision;

2.1.3.12. the eiusdem generis rule shall not apply, and whenever a provision is followed by the word “including” and specific examples, such examples shall not be

construed so as to limit the ambit of the provision concerned;

2.1.3.13. a reference to any statutory enactment shall be construed as a reference to that enactment as the signature date and as amending or re-enacted from time to

time thereafter;

2.1.3.14. unless specifically provided to the contrary, all amounts referred to in this Agreement are exclusive of value added tax;

2.1.3.15. the expiration or termination of this Agreement shall not affect such of its provisions as expressly provided that they will continue to apply after such expiration

or termination or which of necessity must continue to apply after such expiration or termination;

2.1.3.16. any communication which is required to be “in writing” shall include a communication which is written or produced by any substitute for writing or which is partly

written and partly so produced, and shall include printing, typewriting, lithography, facsimile or electronic mail or any form of electronic communication or other

process or partly one and partly another.

2.2. In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, with cognate expressions having corresponding meanings:–

2.2.1. “Agreement” or “ this Agreement” means this Vehicle Rental Agreement concluded between the Rentor and the Rentee;

2.2.2. “Base Rental” means the monthly rental payable for the use and enjoyment of the Vehicle, inclusive of limited Damage and Loss Liability Waivers, and the monthly

tracker and immobilizer fee but excluding the monthly rental payments for any Additional Rental Benefits .

2.2.3. “Delivery Date” means the date upon which the Rentee takes delivery of the Vehicle;

2.2.4. “Early Termination” means the termination of the Agreement for those reasons in paragraph 19;

EMFS Rental Contract 092013

2.2.5. “Early Termination Settlement” means the figure payable as a result

of an Early Termination. The Early Termination Settlement in

circumstances where the vehicle is damaged beyond repair shall be

an amount equal to the difference between the nett present value of

the remaining rentals due in terms of this Agreement calculated at

Prime plus 2% and the vehicles post-accident value plus 10% of the

value of the remaining rentals due in terms of this Agreement as at

the date of Early Termination. In all other circumstances giving rise

to Early Termination the Early Termination Settlement should be the

amount equal to the nett present value of the remaining rentals due in

terms of this Agreement less the trade value of the Vehicle (as

determined in Meade and McGrouther) plus 10% of the value of the

remaining rentals due in terms of this Agreement as at the date of

Early Termination.

2.2.6. “Fair Value” means the value of the Vehicle from time to time

determined by reference to the mean average between the trade

value and the retail value contained in the most recent published

edition of Meade and McGrouther;

2.2.7. “Damage and Loss Liability Waivers” means the amount by which the

Rentee’s liability in the case of accident damage to or loss of the

vehicle through theft or highjacking will be limited subject to the terms

and conditions of this Agreement;

2.2.8. "Prime Rate" means the publicly quoted basic annual rate of interest

at which Standard Bank lends on overdraft;

2.2.9. “Road Traffic Laws” means the National Road Traffic Act No 93 of

1996 and any supplementary or replacement legislation together with

all applicable provincial and municipal road traffic by-laws and

regulations;

2.2.10. “Vehicle” means the motor Vehicle described in Paragraph 1 hereto.

3. DURATION

This Agreement shall be deemed to have commenced on the date of

delivery of the Vehicle to the Rentee and shall remain in force until the

Expiry Date as reflected in paragraph 1.

4. PAYMENT OF RENTALS

4.1. All rentals shall be paid in advance, by debit order, on either the first or

fifteenth working day of each month at the Rentee’s election. In the

event that the delivery date does not fall on the first day of the month,

the rental for that month will be calculated pro-rata and paid in

advance by the Rentee. The last rental payment shall be payable on

the date indicated in paragraph 1.

4.2. The Rentee shall not withhold, defer or make any deduction

whatsoever from any rental payment due, whether or not the Rentor is

indebted to the Rentee or in breach of any obligation to the Rentee.

4.3. The rental and all other amounts payable by the Rentee under this

Agreement shall be inclusive of Value Added Tax insofar as it is

applicable.

4.4. The total monthly rental shall escalate by 8% (eight) annually, on the

anniversary of the Delivery Date.

4.5. If so elected by the Rentee in paragraph 1, the total monthly rental

shall fluctuate with the Prime Rate.

4.6. The Rentee shall be liable for interest on all overdue amounts payable

in terms of this Agreement calculated at 2% per month, reckoned from

the date upon which the payment fell due.

5. SECURITY DEPOSIT

5.1. A security deposit shall be paid upon signature of this Agreement by

the Rentee. No interest shall accrue to the security deposit during the

period of the Agreement.

5.2. Once all the obligations due by the Rentee to the Rentor have been

discharged following upon the expiry of this Agreement, in terms of

paragraph 1, the Rentor shall refund to the Rentee, free of interest, so

much of the Security deposit as has not been applied in settlement of

any amounts owing by the Rentee to the Rentor in terms of this

Agreement.

6. KEY DEPOSIT

A key deposit for an amount equal to that recorded in paragraph 1 shall

be paid by the Rentee to the Rentor upon signature of this Agreement and

retained by the Rentor until such time as all keys to the Vehicle are

returned to the Rentor. No interest shall accrue to the security deposit

during the period of the Agreement.

7. RISK OF LOSS OR DAMAGE

7.1. The Rentee by accepting the Vehicle acknowledges having inspected

the Vehicle and receiving the Vehicle in a good and roadworthy

condition, free of any obvious defects or damage.

7.2. Should any material defects manifest themselves in the Vehicle within

7 days of the Rentee taking delivery thereof from the Rentor, then on

written notice to such effect from the Rentee, the Rentor shall notify

the supplier and take steps to have any defect repaired in terms of the

manufacturer’s warranty. On no account however shall the Rentor be

liable for any such defects to the Vehicle.

7.3. The risk in and to the Vehicle shall immediately pass to the Rentee on

delivery of the Vehicle and shall remain with the Rentee throughout

the entire period of this Agreement.

8. OWNERSHIP

8.1. The Rentor shall at all times remain the owner of the Vehicle. The

Rentor may inspect the Vehicle at any reasonable time wherever it

may be kept. The Rentee warrants that when it is not been used, the

Vehicle shall be kept at the Rentee’s address recorded in paragraph 1.

The Rentee undertakes that in the event of a change of address it

shall forthwith notify the Rentor thereof in writing and any failure to do

so shall be deemed to be a material breach of this Agreement.

8.2. The Rentee shall use and operate the Vehicle in compliance with the

Road Traffic Laws;

8.3. The Rentee shall not-:

8.3.1. use or permit the Vehicle to be used for any commercial enterprise or

activities unless permitted to do so with the Rentor’s prior written

consent;

8.3.2. cause or allow the Vehicle to be neglected, abused, damaged, modified

either in terms of its body or its components, tamper with, remove or

replace any of the Vehicle’s components, or use the Vehicle or allow it

to be used for any purpose for which it is not designed or intended to be

used or used in circumstances such that there may be an increased risk

of danger or a loss or damage or undue wear and tear;

8.3.3. drive or allow the Vehicle to be driven recklessly and and/or negligently

or in contravention of any road or traffic regulations;

8.3.4. convey any materials or articles in the Vehicle which may cause damage

to its upholstery or any other part of the Vehicle;

8.3.5. drive or permit any other person to drive the Vehicle whilst under the

influence of alcohol, strong medication or any unlawful drugs;

8.3.6. allow the Vehicle to be in any area such as an unrest area, whether

there is or could be an increased risk that the Vehicle may be damaged

through civil disturbance, social or economic protest or any act

associated with the aforegoing;

8.3.7. permit any unauthorised person to drive the Vehicle during the period of

this Agreement;

8.3.8. permit the Vehicle to leave the borders of the Republic of South Africa

without the written consent of the Rentor first having been given.

8.4. The Rentee shall at all times exercise due care, to the extent that the

Rentee will -:

8.4.1. take all reasonable precautions to safeguard the Vehicle against any

loss, harm or damage

8.4.2. pay all costs of fuel, oil and other consumables that may be required to

keep the Vehicle in good working order;

8.4.3. allow the Rentor and/or its servants and/or its agents all reasonable

rights of access to the Vehicle and if called upon to do so, disclose to

the Rentor the Vehicle’s locality, kilometres on the odometer and the

state of the Vehicle, at any time.

8.5. The Rentee shall ensure that-:

8.5.1. whenever the Vehicle is left parked or unattended, all doors and

windows are locked and the alarm/immobilizer device, is activated;

8.5.2. the doors of the Vehicle are locked and the keys to the Vehicle are in his

possession.

9. VEHICLE MAINTENANCE

9.1. The Rentee shall exercise that degree of care necessary to maintain the

Vehicle in a good and roadworthy condition, using the same degree of

care as would ordinarily be exercised if the Vehicle belonged to the

Rentee;

9.2. The Rentee shall abide by the manufacturers specifications in regard to

the Vehicle and shall not change or alter any aspect of the Vehicle

without the Rentor’s prior written consent to do so;

9.3. The Rentee shall not remove or tamper with the tracking system or

immobilizer fitted to the Vehicle or render same inoperable;

9.4. The Rentee shall ensure that the Vehicle is serviced as prescribed by the

manufacturer, acknowledging in this regard that all costs of service

including the cost of tyres, fuel, oil and consumables are for the Rentee’s

account. Service and maintenance of the Vehicle must be carried out by

a manufacturer approved dealer or a dealer approved by the Rentor;

9.5. Where the Rentee fails to submit the Vehicle for its recommended

service timeously and the maintenance or service plan is terminated, the

Rentee shall be responsible for and shall pay to the Rentor, on demand,

any cost associated with re-instating the maintenance and/or service plan

together with an administration fee of R500.

9.6. All parts and accessories that are replaced or added to the Vehicle

during the rental period shall become the Rentor’s property and the

Rentee shall not be entitled to be compensated therefor.

10. LIMITATION ON TRAVEL

10.1. The maximum distance that the Rentee may travel in the Vehicle each

month from the commencement date of this Agreement is that amount

stated in paragraph 1.4. (“the maximum limit”);

10.2. Where the distance travelled exceeds the maximum limit, the Rentee

shall be liable to the Rentor for an additional R3,00 rental per kilometre

for each kilometre or part thereof exceeding the maximum limit;

10.3. The odometer on the Vehicle shall be deemed to accurately record the

distance travelled by the Rentee provided that where the Rentee

contends that the odometer has malfunctioned, the Rentee shall be

required to immediately notify the Rentor thereof. The tracking system

installed in the Vehicle may be used by the Rentor to verify the distance

travelled by the Rentee;

10.4. The amount owing for the distance travelled in excess of the maximum

limit shall be calculated on the Expiry Date or upon Early Termination,

whichever occurs first, and paid when the Vehicle is returned to the

Rentor.

11. COLLISION DAMAGE, THEFT OR TOTAL LOSS

11.1. The Rentee shall immediately, but in any event, within a period of no later

than 24 hours-:

11.1.1. notify the Rentor by telephone and in writing of any accident in which

the Vehicle has been involved or of any theft of the Vehicle;

11.1.2. report such accident or theft to the South African Police Services and

immediately provide the Police case reference number to the Rentor.

11.1.3. where possible, obtain the name and address of all parties involved in

the accident and any witnesses to the accident;

11.1.4. shall not acknowledge responsibility or liability for the accident or

release any party from any potential liability, nor settle any claim or

potential claim against or by any party, nor accept any disclaimed

liability.

11.2. Where the Vehicle is unable to be driven after an accident, the Rentee

shall permit only a tow truck authorised by the Rentor or the Rentor’s

insurer to remove the Vehicle;

11.3. The Rentee shall be responsible for any amount in excess of the Damage

and Loss Liability Waivers as referred to in paragraph 1;

11.4. Any accidental damage to the Vehicle shall be repaired by a panelbeater

or other appropriate service provider or technician, approved by the

Rentor;

EMFS Rental Contract 092013

11.5. Where the damage to the Vehicle is of such a nature that the cost of

repair exceeds the value of the Vehicle the Rentee shall be liable for

the difference between the Fair Value of the Vehicle and the

compensation paid by the Rentor’s insurer for the Vehicle.

11.6. Similarly, where the damage to the Vehicle may not render the Vehicle

a write-off but the Vehicle suffers damage that affects its Fair Value,

the Rentee shall be responsible for the difference between the actual

value of the Vehicle after the accident, as determined by an expert

and the Fair Value thereof;

11.7. Subject to the provisions of paragraphs 11.5 and 11.6 above, the

Rentor, at its sole discretion and once the Rentor has been

compensated for its loss aforementioned, may provide to the Rentee a

replacement Vehicle of similar value and specifications where the

Rentee’s Vehicle is damaged beyond repair

 The Rentee may accept the replacement Vehicle or elect to exercise

his right to Early Termination of the Agreement.

12. FINES AND PENALTIES

12.1. The Rentee shall be responsible for fines and penalties imposed for

road traffic offences provided that the Rentee shall pay the fine or

penalty imposed together with an administrative fee of R250 for each

fine or penalty, upon demand by the Rentor;

12.2. In circumstances where the Rentee receives 12 or more traffic fines or

penalties during a 12 month cycle this shall be deemed to be a

material breach of the Agreement, and the Rentor shall be entitled, at

its discretion, to terminate this Agreement forthwith and proceed in

accordance with paragraph 22 below;

12.3. The Rentee shall pay all road tolls levied, provided that where the

Rentee does not pay such toll or does not subscribe for an e-toll tag,

then any such tolls that become payable by the Rentor shall be paid

by the Rentee together with an administration fee of R250 for each toll

claim, upon demand by the Rentor.

13. ROAD LICENSE

The Rentor shall be responsible for the renewal of the annual road

license.

14. TRACKER AND IMMOBILISER

14.1. A tracker and immobilizer device shall be installed in the Vehicle prior

to delivery;

14.2. Under no circumstances whatsoever shall the Rentee be entitled to

remove the tracker and the immobilizer device and any removal

thereof shall be deemed to be a material breach of this Agreement

permitting the immediate termination of this Agreement by the Rentor;

14.3. The Rentee irrevocably consents to the Vehicle being tracked by the

Rentor and irrevocably consents to the Vehicle being remotely

immobilized where-:

14.3.1. the Vehicle has been stolen or has been used without authority; or

14.3.2. in circumstances where the Rentee is in breach of the payment terms

of this Agreement and has failed, despite written notice having been

given, to rectify the breach.

15. REMOVAL OF THE VEHICLE

15.1. The Rentee irrevocably consents to the removal of the Vehicle from his

possession in circumstances where he is in breach of a material term

of the Agreement and the Rentor has complied with the provisions of

paragraph 22 below;

15.2. The aforesaid removal does not preclude the Rentee from such other

rights as he may have in law to dispute the alleged breach and to seek

the return of the Vehicle.

16. DAMAGE AND LOSS LIABILITY WAIVER

16.1. The Rentee’s liability in the case of accident damage or loss through

theft or highjacking is limited by the Damage and Loss Liability

Waivers and the Rentee will only be liable for the amount in excess of

the Damage and Loss Liability Waivers as referred to in paragraph 1;

16.2. The Rentee shall provide to the Rentor all the information which might

be relevant to the Damage and Loss Liability Waivers;

16.3. Where the Damage and Loss Liability Waivers may not include cover

for windscreens or tyres, the Rentee shall be liable for the cost of

repairing and replacing the windscreen, any other glass and the tyres

fitted to the Vehicle during the term of this Agreement;

16.4. The Rentee shall be responsible for any damage or loss to the vehicle

where a claim is repudiated on one or more of the general conditions

or exceptions under the Rentor’s Insurance Policy and where the

Rentee is the cause of the repudiation.

17. RETURN OF THE VEHICLE

17.1. At the conclusion of this Agreement or upon its termination for any

reason, the Rentee shall return the Vehicle to the Rentor, together

with the keys, accessories, instruction books (if any), the service and

warranty books and the spare wheel;

17.2. The Rentor shall conduct an inspection of the Vehicle and once

satisfied that the Vehicle has been returned in good order and all keys,

accessories, the instruction books (if any), the service and warranty

books and the spare wheel have been returned, the Rentor shall

return the deposit and the key deposit to the Rentee;

17.3. Where the Rentor is required to effect any repairs to the Vehicle or

replace accessories, keys or the spare wheel, wear and tear excluded

(provided it falls within the maximum distance) this shall be for the

Rentees account and the Rentor shall request payment from the

Rentee or deduct these costs from his Security and / or Key deposit,

provided that when the deposit is insufficient, these costs may be

charged to the Rentees credit card and/or bank account;

17.4. The Vehicle must be returned promptly upon the Expiry Date in terms

of paragraph 1.1. Where the Vehicle is not returned on the expiry date

the Rentor shall charge the Rentee the Total Monthly Rental payable

in terms of paragraph 1.2 plus an additional penalty equal to 20% of

the aforesaid rental;

17.5. It is recorded that this Agreement is a rental agreement only and as

such the Rentee will not assume ownership of the Vehicle upon the

expiry of this Agreement nor is the Rentor under any obligation to offer

the Vehicle for sale to the Rentee.

18. THE NATIONAL CREDIT ACT

The provisions of the National Credit Act No 24 of 2005 do not apply to the

transaction recorded in this Agreement.

19. EARLY TERMINATION

19.1. An Early Termination arises in the following circumstances:

19.1.1. Where the Rentee’s vehicle has been damaged beyond commercial

repair but subject to the Rentor being compensated as envisaged in

paragraph 11.6, the Rentee may elect to exercise his right to and Early

Termination of the Agreement.

19.1.2. the death of the Rentee;

19.1.3. by agreement between the Rentor and the Rentee;

19.1.4. for good cause, at the discretion of the Rentor.

19.2. In order to exercise the right to an Early Termination the Rentee shall

deliver written notice of Early Termination to the Rentor, whereafter Early

Termination shall be considered.

20. WARRANTIES

The Rentee warrants-:

20.1. That a full disclosure of all material facts has been made which would

have enabled the Rentor to make an informed decision when concluding

this Agreement and renting the Vehicle to the Rentee;

20.2. The Rentee has a valid and current drivers license which has not, in the

12 months preceding the Delivery Date, been revoked, suspended or

endorsed;

20.3. He has not been refused insurance by any motor vehicle insurer for a

period of 5 years preceding the Delivery Date;

20.4. All credit card and bank account details provided by the Rentee to the

Rentor are correct, current and accurate.

21. INDEMNITIES

The Rentee hereby indemnifies the Rentor and holds it harmless against-:

21.1. Any road traffic fines, penalties or levies imposed by any Road Traffic or

Municipal authority;

21.2. Any claims of whatsoever nature, by any third party as a result of any

incident involving or which relates to the Vehicle or the Rentee’s use

thereof, and where such claim is not covered by the Vehicle’s insurance

policy.

22. BREACH

22.1. In the event that the Rentee-:

22.1.1. has made any misrepresentation to the Rentor relating to this

Agreement;

22.1.2. breaches any material term of the Agreement;

22.1.3. voids the manufacturers warranty or incurs damage to the Vehicle in

circumstances where the Rentor’s insurer repudiates the claim;

22.1.4. fails to maintain the Vehicle in accordance with the maintenance

provisions of this Agreement;

22.1.5. repeatedly disobeys the Road Traffic Laws;

22.1.6. has his license suspended, revoked or restricted in any way; then

22.2. the Rentor shall be entitled, without prejudice to any other rights it may

have, to terminate this Agreement forthwith by giving the Rentee written

notice of the breach and may thereafter:

22.2.1. collect and repossess the Vehicle without being required to obtain an

order of court;

22.2.2. recover all outstanding rentals due in terms of this Agreement, all of

which shall become immediately due and payable in full in the event of

such breach;

22.3. Where the Rentee fails to pay timeously any amount payable in terms of

this Agreement after having been given 5 days written notice to remedy

such default, the Rentor shall be entitled to cancel this Agreement and

without prejudice to any other rights it may have, collect and repossess

the Vehicle as permitted in 15.1.

23. ADDRESSES AND NOTICES

23.1. For the purpose of this Agreement, including the giving of notices in

terms hereof and the serving of legal process, the parties choose

domicilium citandi et executandi (“domicilium”) as indicated in paragraph

1.

23.2. Any notice or communication given in terms of this Agreement, may be

delivered by hand to the domicilium chosen by the party concerned. Any

notice or process delivered on any party in connection with any matter or

subject arising out of this Agreement or any notice shall be deemed to

have been delivered if handed to any responsible person at the

domicilium chosen by any party and it shall not be necessary to hand

such process or notice to any party personally.

23.3. Any of the parties shall be entitled from time to time, by written notice to

the others, to vary its/his domicilium to any other physical address within

the Republic of South Africa.

23.4. A notice given as set out above shall be presumed to have been duly

delivered on the date of delivery if delivered by hand.

23.5. Any notice which is transmitted by electronic mail to the recipient at the

recipient’s e-mail address for the time being shall be presumed, until the

contrary is proved by the recipient, to have been received by the recipient

on the first business day after the date of successful transmission

thereof.

23.6. Notwithstanding anything to the contrary herein contained, a written

notice or communication actually received by a party shall be an

adequate written notice or communication to it/him notwithstanding that it

was not sent to or delivered at its/his chosen domicilium citandi et

executandi.

24. GENERAL

24.1. This Agreement constitutes the whole Agreement between the parties

relating to the subject matter hereof.

EMFS Rental Contract 092013

24.2 No amendment or consensual cancellation of this Agreement or any provision or term thereof or of any Agreement or other document issued or executed pursuant

to or in terms of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any

of the provisions or terms of this Agreement or of any Agreement or other document issued pursuant to or in terms of this Agreement shall be binding unless

recorded in a written document signed by the parties. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed

as relating strictly to the matter in respect whereof it was made or given.

24.3 No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement or any Agreement or other document issued or executed pursuant

to or in terms of this Agreement, shall operate as an estoppel against any party in respect of its rights under this Agreement, nor shall it operate so as to preclude

such party thereafter from exercising its rights strictly in accordance with this Agreement.

24.4 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or

whether it was negligent or not.

25. CONSENT TO JURISDICTION

The parties hereby consent to the non-exclusive jurisdiction of the Johannesburg Magistrate’s Court in respect of any and all proceedings arising under or by virtue of this

Agreement whether in respect of damages or otherwise, despite the subject matter and/or cause of action which would otherwise have been beyond such court’s jurisdiction.

26. ACKNOWLEDGEMENT

The Rentee acknowledges that he has read and understands the terms and conditions of this Agreement and has no objection thereto.

SIGNED AT ____________________________________________________ ON THIS THE DAY OF __________________20___.

_____________________________________________ _____________________________________________

For and on behalf of: Rentor

(Duly authorized thereto) Witness: ________________________________________

SIGNED AT ____________________________________________________ ON THIS THE DAY OF __________________20___.

_____________________________________________ _____________________________________________

Rentee:

Witness: ________________________________________


 
 
 
 
 
 
 


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