Terms and Conditions
In this agreement, except where the context indicates otherwise:
1.1 “BROCHURE” means the pamphlet published by us containing our current tariffs from time to time, including Rates Sheets published by us, which are available on request
1.2 “THE CUSTOMER” means jointly and severally, the signatory hereto and any person on whose behalf the signatory signs this agreement
1.3 “DAMAGES” (in relation to the VEHICLE) includes our expenditure in towing, transporting and storing the VEHICLE, repairing the damage caused to the VEHICLE from the time of delivery to you and until the return to us, replacing parts or accessories (excluding normal wear and tear) and paying an expert to inspect damage and report thereon and reimbursing such expert (an invoice or quotation produced by SA Motor Lease to be prima facie proof of any such expenditure)
1.4 “EXTENDED PERIOD” means the period after the RETURN DATE, requested by you and agreed to by us by means of a Reference No.
1.5 ‘RENTAL PERIOD” means the period commencing on delivery of the VEHICLE under clause 4.2 and ending on the RETURN DATE or at the end of the EXTENDED PERIOD, if applicable;
1.6 “RETURN DATE” means the date stated on the face hereof on which the VEHICLE must be returned by you to us;
1.7 ‘VEHICLE” means the vehicle referred to on the face hereof or any substitution thereof in terms hereof.
1.8 “EXCEPTIONS LIABILITY” is double the liability waiver stated on the face of the contract
2 AUTHORISED DRIVERS
By your signature hereto, you confirm that you have an unendorsed and valid driver’s license. You agree that we have the right to verify that your license has been validly issues and that we may refuse to rent a VEHICLE to you if your license has been suspended, revoked or restricted in any way. An additional driver is authorized only if you pay an additional driver charge, and that person has had a valid and unendorsed driver’s license for not less than two years, and is named on the face hereof of attachments.
3.1 We let and you hire the VEHICLE for the RENTAL PERIOD and at an agreed rate on the face hereof, plus additional charges. Where on additional charges are stated the rates in the BROCHURE or such other agreement as the parties may have entered into, shall apply. You will pay all taxes and charges for miscellaneous services which apply hereto and for the filling of the fuel tank.
3.2 All payments are due on demand, but at latest on expiry of the RENTAL PERIOD. You shall not set-off of withhold payment of any amounts due by you in terms of the agreement for whatever cause.
3.3 If any amount is not paid when due, SA Motor Lease may without prejudice to any rights if may have, charge interest on the overdue amount at a rate equal to the highest of the “annual finance charge rates” then permitted for “leasing transaction” in terms of the consumer protection act.
4.1 We may refuse delivery if a requested advance payment or deposit is not made.
4.2 You shall take delivery of the VEHICLE at the place specified herein. You shall have no claim against us if the vehicle is not available then, except to a refund of any amount paid. On delivery, the VEHICLE shall be deemed to be in good order, condition and repair and properly filled with petrol, oil and water, unless you notify us and obtain a Reference No. the contrary, within 2 hours after delivery
4.3 The renter shall be liable for all fuel used to deliver and collect a vehicle to or from a pre-determined place of delivery or collection.
On the RETURN DATE you shall:
4.4.1 Return the VEHICLE at your risk and expense to us at the place specified herein, unless alternate arrangements have been made and Reference No. is obtained
4.4.2 Pay to us all DAMAGES and any other losses sustained by us, as provided for in this agreement; and;
4.4.3 If required by us, pay for the valet cleaning of the VEHICLE
- YOUR OBLIGATIONS
5.1 The VEHICLE and the keys to the said vehicle shall be at your sole risk for the
5.2 You shall not:
5.2.1 Hire or lend the VEHICLE and the keys to the said VEHICLE to any person not included on the face hereof
5.2.2 Permit the VEHICLE and the keys to the said VEHICLE to be in possession or control to anyone other than the additional driver/s reflected on the face hereof;
5.2.3 Cause or permit the VEHICLE and the keys to the said VEHICLE to be driven unlawfully or illegally or the be used for any unlawful purpose or for a purpose for which it was not designed or in such a way as to increase the risk of it being damaged or loss, or to be overloaded
5.2.4 Cause or permit the vehicle to be used for any other purpose than your transportation and those within your party.
5.2.5 Cause or permit the VEHICLE and the keys to the said VEHICLE to be exposed to the risk of damage in or by any civil or public disturbance or unrest.
5.3 You shall take all precautions to protect the VEHICLE and the keys to the said VEHICLE from theft and damage and shall lock and immobilize the VEHICLE and the keys to the said VEHICLE and activate the burglar alarm when the VEHICLE and the keys to the said VEHICLE is not in use.
5.4 In case of a collision, accident, theft or loss of or involving the VEHICLE,:
5.4.1 Report the event to us and the police or traffic department within 1 hour of the event coming to your attention;
5.4.2 Complete and ensure that the driver completes all documents required by us, and
5.4.3 Furnish all assistance required by us to deal with any matters arising from the incident, whether directly or indirectly.
5.4.4 You agree that you are not allowed to permit any towing, repairs or servicing to be done to the VEHICLE unless authorized by us in writing beforehand. Any unauthorized towing whatsoever will be payable by the renter.
5.5 If the VEHICLE is driven by anyone other than you, you shall remain liable for all your obligations in terms hereof, and in addition, you shall be liable to us as if you had been the driver.
5.5 We have the right to terminate the rental at any stage.
5.6 In the case of a theft where the keys cannot be produced the renter is responsible for the full value of the vehicle.
5.7 The renter must provide card details or bank details(cash/EFT only) for refund purposes at the rental start, failing this a R100 admin fee will be charged for manual refunds.
6 Damage and Loss Waivers Declined
6.1 You understand that if you do not accept these waivers you will be responsible to pay for all loss or damage to the vehicle regardless of fault, and however so caused, including theft. If the vehicle is stolen, or determined by us to be damaged beyond repair, you will pay its replacement value as determined by the auto dealers’ guide’s recommended retail selling price of a vehicle of the same year, make and model as the vehicle in the month of its first registration, reduced by 1, 25% for each month after that until the month that we declare it to be beyond repair. The amount will be further reduced by the amount that we can obtain for the remains of the vehicle (salvage) you are fully liable for all costs on presentation of this invoice.
6.1 Damage and Loss Waivers Accepted
6.1.1 Damage and loss waivers are subject to the terms and condition listed on our website at www.samotorlease.co.za and are summarized on the “important facts” sheet supplied.
220.127.116.11 If you accept Damage and theft waiver and you accept in the case of damage to the vehicle to pay the liability, and provided you have complied with all the terms and conditions of this agreement, you will be liable for:
18.104.22.168 Any damage to and loss of the vehicle but limited to the contracted amount (stated on the face of the agreement) following such loss of damage, plus a full tank of fuel should the vehicle not be drivable and towing and storage charges.
22.214.171.124 The full cost of repair or the contracted waiver liability, whichever is the lower, plus towing and storage charges.
126.96.36.199 If you accept damage and theft waiver, and provided you have complied with the terms and conditions of the agreement, and the road laws of South Africa, but have elected to be responsible for limited excess/liability waiver, you will not be responsible for the full cost of the repair, or replacement of the vehicle. For the purposes of clarity, it is noted that failure to complete a claim form within 3 days of the accident, travelling on a gravel road in excess of 60kmph, speeding, use of drugs or/and alcohol, use of cellular phone and running red traffic lights, and any other traffic offense at the time of the accident would negate the waiver and result in the customer being fully liability for all damages, losses and costs incurred.
188.8.131.52 If you have not complied with the terms of the agreement, the attached important facts and the road laws, 6.1 shall be deemed to apply to you.
6.2 Third Party Claims
For the purposes of this clause, third party claims refer to any claims by a third party in respect of damages or loss that you may cause to any other vehicle or property.
6.2.1 If 6.1 apply, you will be responsible for all third party claims.
6.3.2 If 6.2.1 applies and 6.1 does not apply, third party claims will be referred to SA Motor Lease insurers provided no negligence is apparent. Should SA Motor Lease deem that you have been negligent and this results in a third party claim against SA Motor Lease, you will be held liable for the full cost of any or all third party damage and/or loss and all legal costs which may occur related to such claim
6.3 The applicable excess will apply to any third party claim against SA Motor Lease and it shall be at the sole discretion of SA Motor Lease to determine in which instances, and the amount of excess that should be charged.
7 Exceptions Liability
7.1 Exceptions liability would apply where a vehicle was stolen while parked in the street.
7.2 Where damage to the vehicle is caused by you, where no other vehicle is involved, exceptions liability will apply. If SA Motor Lease deems you have driven/acted negligently, you shall be liable for the full value of any damage, towing, or storage.
7.3 The renter shall be liable for any and all costs relating to under carriage damage and water damage as both items are not covered under damage and loss waivers mentioned above.
8 Personal Accident Insurance
You accept and acknowledge that SA Motor Lease does not take any responsibility for personal accident insurance. It is your responsibility to insure the passengers for loss or damage resulting from accident, for any reason whatsoever.
We shall not be liable for any damage or loss, whether direct or indirect, arising out of any defect in or mechanical failure or the safety of the vehicle or the driving or use thereof caused by any fault of ours, our agents or our servants, nor for any indirect loss, consequential damages, loss of profits or special damages arising out of any of the foregoing and for any breach by us of this agreement. No warranties as to the condition, state of repair, performance capabilities, year of manufacture, odometer reading or anything else concerning the vehicle are given by us.
- Tracking Devices
10.1 Your vehicle is fitted with a driver behavior tracking device. In the case of an accident the data will be used to determine whether the renter was complying with the agreement and the law, and whether the liability waiver will be charged or the full value of damages.
10.2 If you are found to be driving more than 30kms over the speed limit, you will be notified by phone call or sms and a R50 fee will be levied for the service.
10.3 If SA Motor Lease deems your driving to be reckless, we will inform you that we wish to terminate the contract. Should you fail to bring back the vehicle within 4 hours you will be charged a R5,000 recovery fee.
11.1 All notices in terms hereof shall be given to you at the address set out on the face hereof. Any notices posted to you shall be deemed to be received 7 days after posting, unless you prove the contrary. It is essential that you provide legible contact details on the face of this agreement.
11.2 You consent to the jurisdiction of the magistrates’ court, should we, at our election bring proceedings at a magistrate’s court not withstanding the fact that the amount involved exceeds the jurisdiction of the magistrate’s court. You agree however that SA Motor Lease in its sole discretion may institute such action and proceedings in any division of the High Court, which may have jurisdiction.
11.3 The English version of this agreement will prevail in the event of a dispute.
11.4 Together with the “important facts sheet” this is the entire agreement and no variation or cancellation shall be valid unless in writing and signed by you and us.
11.5 We may claim and recover from you on demand all expenses incurred by us in consequence, directly or indirectly, of any breach by you of this agreement, including attorney and own client costs, collection commission and any costs of tracing you or the vehicle.
11.6 A provision of the agreement which is invalid or unenforceable for any reason whatsoever, shall be severable from the rest of the agreement, and shall not affect the validity thereof.
11.7 The agreement shall be governed by the laws of the Republic of South Africa.
11.8 All other details, other terms and conditions, and specifications as reflected in vehicle manuals, and road traffic laws, form part of the conditions of the rental. The onus is on you to become acquainted with these terms of rental. They are available on www.samotorlease.co.za
11.9 SA Motor Lease is permitted by the renter to perform any credit checks with Transunion or any other activities required to trace the renter.
11.10 In the case of traffic fines and other infringements, a redirection fee of R250 will be charged. A copy of the fine can be provided at a cost of R300 per fine, otherwise the renter shall be expected to view the fine online. This is a new condition implemented due to non-functional SAPO.
11.11 All tolls fees will be charged to the renter in addition to the rental fees at the standard tariff prescribed in the gazette plus an admin fee of R50, with no cap.
11.12 In the case of an extension, the extension amount should be paid before the rental terms ends. If it is paid late, a late payment administration fee of R100 will be levied per day.
11.13 If a rental is not extended and SA Motor Lease needs to recover the vehicle using a vehicle recovery company a fee of R5,000 will be charged to the client.
11.14 If a rental is overdue and SA Motor Lease is instructed to collect the vehicle, an administration fee of R605, including VAT will be charged.