SA Trailers

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Terms & Conditions

  1. DEFINITIONS AND INTERPRETATION
    • “Company” means SA Trailers, a division of Ufudu Specialised Space Solutions (Pty), Registration Number 2004/011336/07, 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.
    • 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.

  6. TERMINATION/CANCELLATION OF RENTAL AGREEMENT
    • Irrespective of anything to the contrary stated in this Rental Agreement, the Company shall be entitled to end this agreement without any explanation at any time by notice (oral or in writing depending on the situation) to the Renter, and when this happens the Renter shall return the trailer to the Company immediately. If the Renter fails to return the trailer to the Company, the Company shall be entitled at any time to retake possession of the trailer, wherever found and from whosoever has possession thereof. The obligations of the Renter and the rights of the Company under this Rental Agreement shall remain in force until the trailer has been returned to the Company in terms of this Rental Agreement and the Renter has complied with all his obligations. Any costs incurred in recovering the trailer will be for the account of the Renter.

  7. THE RENTER/DRIVER
    • Irrespective of anything to the contrary stated in this Rental Agreement, the trailer may NOT be towed by at any time during the rental period by any person under the age of 18, and/or who has not been in possession of a valid driver’s license for at least 1 year.
    • The Renter warrants that (1) the trailer will never be towed by any person whose blood alcohol concentration exceeds the limit permitted by any law or regulation, (2) or whilst under the influence of intoxicating liquor or of a narcotic drug or similar substance (3) every driver of the trailer will have a valid driver’s license to drive the trailer, (4) will comply with all applicable laws and (5) will comply with all of the provisions of this Rental Agreement.
    • If the trailer is driven by anyone other than the Renter (irrespective of which other rights or remedies the Company may have), the Renter shall remain liable for all of his obligations in terms of this Rental Agreement as if he has been towing the trailer; and
    • The Renter warrants that (1) he is entitled and authorised to enter into this Rental Agreement, (2) that all particulars given to the Company and/or recorded on the Rental Agreement are true and correct.

  8. RENTAL RATES AND CHARGES
    •  The rental fee is calculated based on a rate schedule for a period of 24 hours, or any part thereof, and the Renter agrees to pay the Company the rental rates in advance, calculated un8l the contractual return date of the trailer.
    • A refundable security deposit of is required from the Renter and will be returned to the Renter upon the satisfactory return of the Trailer, minus any deductions for damages, late fees, or outstanding charges.
    • The Renter shall be liable for all fines, penal8es and similar expenses including but not limited to parking, traffic and other offences, as a result of the use of the trailer during the rental period, and the Renter accordingly indemnifies the Company against all such liability. If traffic fines remain unpaid for more than 7 days after receiving notification thereof, the Renter will receive a letter of final demand affording him 28 days to make payment, failing which the Renter will immediately be blacklisted with one or more Credit agencies.

  9. PAYMENT
    • All payments are due in advance, on initiation of the rental period (unless otherwise agreed in writing). All charges payable by the Renter shall be paid by credit card or in cash on the initiation of the rental period unless the Renter has a valid account with the Company.
    • The Renter will not be allowed to deduct or withhold payment of any amounts due in terms of this agreement for any reason whatsoever.
    • If the Company has agreed to accept payment from the Renter by credit card or charge card specified on the Rental Agreement, the Renter remains liable for payment of any and all amounts due which are not paid or settled in full by the issuer of the credit card and the Renter’s signature on the Rental Agreement will constitute authority for the Company to obtain authorisation and/or payment. The signature will also constitute authority for the issuer of the card to debit him with the total amount due to the Company (including but not limited to any damages or loss suffered by the Company).
    • In the event that the Renter returns the trailer to the Company before the date and time noted on the Rental Agreement, the Renter shall not be entitled to any rental refund or credit for having returned the Trailer early.
    • In the event of an accident and/or if the trailer is stolen and/or lost, the amount of the damages, the total loss as suffered by the Company or the amount reflected on the Rental Agreement is payable on such terms as imposed by the Company at its sole but reasonable discretion.
    • If any amount is not paid on due date, the Company may without prejudice to any rights it may have and subject to the provisions of the National Credit Act charge interest on the overdue amount at the applicable prescribed legal rate or prime plus 3% as charged by First National Bank Limited, whichever is the higher, and in the sole discretion of the Company.
    • A certificate of any Director, Manager or Accountant of the Company, whose capacity need not be proved, as to any amount owed by the Renter to the Company shall constitute prima facie proof of the amount due.

  10. RENTER’S RISKS AND LIABILITIES
    • The trailer is at the sole risk of the Renter from the moment the trailer is hitched to the collecting vehicle until such time as the Company has recorded the return and the trailer has been unhitched in terms of clause 5.
    • The Renter shall be liable for any Damages and/or total loss sustained to the trailer, howsoever the damage and/or loss is caused and whether or not it is attributable to his fault or negligence (including but not limited to hail damage).
    • The Company may charge the Renter either the actual amount of the loss or damage suffered, or any reasonable amount, in its sole discretion, if the loss or damage has occurred in a situation where no physical contact is made with another trailer or vehicle or animal or object or person (in or on the road surface used).
    • If the trailer is damaged, stolen or lost in a situation where there was a breach of any of the terms and conditions of this agreement, the Renter will be liable for the total loss and/or damage suffered by the Company;
    •  In the event that the trailer is stolen and a police case opened in terms of the Company’s insurance policy, the lessee shall only be liable for any excess on the insurance policy.

  11. PROCEDURE IN THE EVENT OF AN INCIDENT INVOLVING THE TRAILER
    • If at any 8me the trailer is damaged, stolen, or lost, the Renter and/or Driver shall take every reasonable precaution to safeguard the interest of the Company including but not limited to, the following where appropriate:
      • He shall notify the Company immediately, or within 3 hours, of becoming aware of the occurrence and shall within twenty-four hours of the occurrence in question complete and furnish to the Company, the Company’s Damage/Incident Report form together with a copy of his driver’s license;
      • He shall obtain the name(s) and addresses of everyone involved and of possible witnesses;
      • He shall not admit any responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability;
      • He shall notify the police within twenty-four hours of the occurrence in question and furnish the Company with an accident / loss case number;
      • He shall make reasonable provision for the safety and security of the trailer and will not abandon the trailer under any circumstances;
      • He shall co-operate with the Company and its insurer in the investigation, the making or instituting of any claim or action and the defence of any prosecution, claim or action relating to the incident (including the making of an affidavit if he is requested to do so).
    • If the Renter is not the Driver, then, without in any way reducing the Renter’s obligation in terms of clause 13, the Renter shall ensure that the Driver complies with the provision of 13.1 and the Renter warrants that the Driver will do so.
    • The Renter shall within 24 hours of receipt thereof furnish to the Company (and if the Renter is not the Driver, the Renter shall also ensure that the Driver does) any notice of claim, demand, summons or the like which the Renter or the Driver may receive in connection with the trailer.
    • The Renter and/or Driver warrants that the information completed in the Company’s Damage/Incident Report form as referred to in 13.1.1 will be complete, true and correct in every respect.

  12. INDEMNITY OF THE COMPANY BY RENTER
    • The Company assumes no responsibility for any losses or damages suffered by the hirer due to the inability of the rented trailers to perform for any reason.
    • Neither the Company nor any of its directors, officers, employees shall be liable for any loss or damage (including any loss or damage to property left or transported in or on the trailer, any loss of life or any loss or damage whatsoever, whether directly, indirectly, as a result of or otherwise arising from the rental by the Renter of the trailer provided such loss or damage was not caused as a result of the gross negligence of the Company.
    •  The Company, its directors, officers, employees (“it”) are accordingly indemnified by the Renter or his estate against any claim of any nature whatsoever and howsoever arising for any damage or loss which might be instituted against it arising from or connected with or as a result of the renting of the trailer contemplated in these terms and conditions.

  13. JOINT AND SEVERAL LABILITY OF SIGNATORIES, RENTER AND/OR DRIVER
    The Renter and every person whose signature appears on the Rental Agreement shall be liable jointly and severally for payment of all amounts due to the Company in terms of or pursuant to the Rental Agreement.

  14. GENERAL
    • The Rental Agreement is the entire agreement between the parties regarding the matters contained herein and neither party shall be bound by any undertakings, representations, warrantees, promises or the like not recorded by the Company except as provided for herein.
    • All of the provisions of the Rental Agreement shall be severable and no provision shall be affected by the invalidity of any other provision of this agreement. If any part or portion of this Rental Agreement has been deemed to have been struck out and/or be declared a prohibited practice or the like in terms of the Competition Act, the Consumer Protection Act, the National Credit Act or other legislation, the effect of which is to adversely affect the rights of the Company to receive payment of any nature or enforce its rights, the parties will favour an interpretation placing them substantially in the same posiTion as they were before or as similar to that as possible.
    • No extension, latitude or other indulgence will in any circumstance be taken to be understood as implied consent or an election by the party or will operate as a waiver or otherwise affect any party’s rights in terms of this Rental Agreement. It shall further not stop or prevent any party from enforcing, strict and punctual compliance with each and every provision or term hereof at any time and without notice
    • The Renter authorises the Company to insert any trailer and rental rate particulars in the Rental Agreement that are not known or are unavailable at any time of signature.
    • This Rental Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Republic of South Africa.
    • The parties consent to the jurisdiction of the Magistrates Court, should the Company, at its election, bring legal proceedings in the Magistrate Court, irrespective of whether the amount involved exceeds the jurisdiction of the Magistrates Court. The parties further agree that the Company may institute any such action or proceedings in any division of the High Court that may have jurisdiction in its sole discretion.
    • The Renter shall not be entitled to cede any of his rights or assign any of his obligations under this Rental Agreement or to rent or part with possession of the trailer, its tools or equipment or any part of it.
    • If the Company institutes any legal proceedings against the Renter it shall be entitled to recover from the Renter all the legal costs it incurred with its own attorneys in accordance with their then usual charges and assessed as between attorney and own client including but not limited to collection commission and tracing agent charges.
    • The Renter chooses the address specified on the Rental Agreement as his domicillium citandi et exectandi (i.e. address for service of all legal processes).
    • The Company shall be entitled to carry out a credit check on a Renter with one or more credit agencies who may retain a record thereof and the Company shall be entitled to record any default by the Renter with any credit agency. Such records may be made available by the credit agency to third parties, in which case the Company shall not be held liable/responsible for any repercussions such disclosure may have on the Renter. The Renter agrees that the Company may disclose any information obtained by it as a result of the conclusion and/or breach of the Rental Agreement, including personal and additional information, to any person, including a credit bureau.
    • The Renter acknowledges that certain trailers may be fitted with a trailer management system, which is used to inter alia, record speed, location and other information relating to the trailer rented. The Company shall be entitled to use such information (including in court proceedings) as it deems fit.
    •  Notwithstanding anything to the contrary, the Renter explicitly authorises the Company to make use of any and all personal information provided to the Company for purposes of tracing and recovering (which includes triangulation of cellular phones, in accordance with RICA Act 70 of 2002) any trailer that is not returned to the Company at the agreed 8me and date reflected on the Rental Agreement.

  15. BREACH
    • In the event that the Renter breaches any of the terms hereof, then in such event, the Company may immediately and without prior written notice to the Renter cancel this agreement and reclaim possession of the Trailer (if applicable) and the Company may recover from the Renter any such amount/s of damages it may have suffered as a result of the Renter’s breach.

  16. EXTENSION, INDULGENCE AND WAIVER
    This agreement constitutes the full agreement between the parties and no extension or indulgence granted by the Company to the Renter shall be regarded as a novation of this agreement and the parties further agree that this agreement cannot be altered or changes unless reduced to writing and signed by both parties.

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Trailer Rental Requirements

In order for us to assist you speedily and efficiently, please have the following with you when you visit us.

  • Your Drivers License.
  • A fixed residential address. (A copy of a Utility Bill)
  • Payment by cash or credit or debit card. (deposits cannot be refunded on debit cards)
  • Deposits required on all rentals, please refer to specific trailer size for deposit amount.
  • All first rentals must be secured with a valid credit card.
  • Only full day rates applicable – no hourly or half day rates.
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