Terms & Conditions
In this Agreement, unless the context indicates otherwise, the following expressions shall bear the following meaning:
- “Agreement” means the standard terms and conditions set out in this document including the Rental Schedule/sand all amendments and annexures thereto from time to time;
- “Commencement date” means the commencement date as defined in the relevant Rental Terms Sheet(s);
- “Contract Period” means as indicated on the Rental Schedule/s;
- “Customer” means the customer as described in the Rental Schedule/s, which customer has been duly authorised to enter into this agreement;
- “Customer Payments” means the rental and/or services payments to be made by the Customer to GLS, as specified in the Rental Schedule/s;
- “Delivery date” means the date that the customer collects the Equipment from the depot of GLS and/or the Depot as specified;
- “Dispute” means any disagreement between the Parties relating to this Agreement as well as disputes between Customers on any matter relating directly or indirectly to this Agreement;
- “Equipment” means the equipment rented by the Customer from GLS pursuant to this Agreement, as described in the relevant Rental Schedule/s which include but is not limited to the RF-Tag, software and any other equipment related to this agreement;
- “Credit Limit” means the Credit amount approved on the Credit Application, from time to time;
- “GLS” means GLS Supply Chain Equipment (Pty) Ltd, registration number 2012/159311/07, also referred to as the supplier/owner/service provider interchangeably.
- “G-track” means but is not exclusive to, electronic platform and/or electronic system, used to issue, track, hire, cancel, log disputes, also manage interaction between Vendors and Retailers and Vice Versa;
- “Parties” means GLS and the Customer and Party means any one of them as the context may indicate;
- “Rental Schedule/s” the rental schedule(s) to be signed by the customer and GLS, listing the Equipment to be rented, the Services rendered, Customer payments, and Contract period, attached to this Agreement;
- “Cycle/Rental Period” means the time period indicated on the Rental Schedule/s for when the Agreement will be up for renewal;
- “Service” mean any and all services rendered to the Customer by GLS pursuant to this agreement, as specified in the Rental Schedule/s
- “Trading Party” means a Customer who is registered and/or not registered with GLS and wants to enter into Transfer Hire Agreement/s;
- “Transfer Hire Agreement” means the Agreement entered into between two Customers for the hiring of Equipment and services supplied by GLS which include the transfer/assignment of risk and responsibility (including hire charges) for Equipment from sending to the receiving customer.
- “Transaction” means the movement of equipment recorded on G-Track between any two Customers or a Customer and GLS, including and not limited to a single movement or all movements the Customer is involved in, whichever is applicable at that moment.
- “Sending Customer” means the Customer entering into this Transfer Hire Agreement for the purpose of transferring equipment to a Receiving Customer;
- “Receiving Customer” means the Customer entering into this Transfer Hire Agreement for the purpose of hiring equipment from Sending Customer;
- “Amount of Equipment rented” means the highest total amount of equipment reflecting on G-track for the Customer on a particular day ( between the hours of 00:01 am to 00:00 pm), which will also be the amount used to Bill the customer for that particular day;
- “RF-Tag” means the identity tag which is fitted to each piece of equipment, which enable GLS to identify each individual piece of equipment and monitor the movement of the Equipment in the pool.
- “Equipment Pool” means the Equipment GLS has at its DC for the purpose of renting to customers and Equipment already rented to customers.
- “Damage charges” means charges to be levied by GLS for replacement of an item of equipment that has been either lost or destroyed or have been repaired by the customer.
- “Negative Balance” means when a Customer has more Equipment in its possession than what is reflecting in its audit and/or G-track.
- In this Agreement unless clearly inconsistent with or otherwise indicated by the context, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa, and any reference to a gender includes the other genders;
- Where appropriate, meanings ascribed to define words and expressions in 1.1 above shall impose substantive obligations on the Parties;
- The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation;
- Words and expressions defined in any sub-clause shall, for the purpose of the clause of which that sub-clause forms part bear the meanings assigned to such words and expressions in that sub-clause and, where applicable throughout this Agreement;
- This Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa;
- Should The Consumer Protection Act 68 of 2008 (“The CPA”) be applicable to this Agreement between GLS and the Customer and should any of these Terms and Conditions contained in this Agreement be inconsistent with the provisions of the CPA, then in such event the provisions of the CPA and this Agreement will be read together and where there is direct conflict between a clause in the agreement and the CPA the CPA shall be given preference for that clause;
- RENTAL TERMS SHEETS AND TERM
- This Agreement shall come into force and effect and be binding on the acceptance and signature by the Customer of any Rental Schedule/s.
- The Rental Term of any Rental Schedule/s shall commence on the Commencement date for that Rental Schedule/sand shall continue thereafter for the number of days, months and/or years as specified in the relevant Rental Schedule/s(the Contract Period).
- No Party may terminate this agreement during the Rental Period. Upon expiry of the rental period the term will automatically be extended for the same rental period, unless written notice is received 30 days prior to expiry of the rental period, informing GLS of Cancellation. In the event that such notice is given less than 30 days prior to the expiry date, the cancellation shall not be effective.
- On the Cancellation of this Agreement, the Customer automatically terminate all other agreements which are subject to this Agreement, which includes but is not limited to any and all Transfer Hire Agreements. Upon the termination all amounts due and payable in terms of these Agreements shall also become immediately payable, and the Customer agrees to return and hand over all equipment relating to this agreement along with a copy of the customers records relating to the movement of the Equipment during the rental period
- The customer agrees that –
- This agreement represents the entire Agreement between the parties, and that no variations and/or additions to this agreement shall be valid and binding on the Parties, unless agreed to by the Parties, reduced to writing and signed by the Customer and GLS and/or duly appointed representative;
- This Agreement will govern all future contractual relationships between the parties;
- This Agreement is applicable to all existing debts and future debts between the parties;
- This Agreement is final and binding and is not subject to any suspensive and/or dissolutive conditions:
- Any conflicting conditions stipulated by the Customer are expressly excluded;
- The Terms and Conditions set our herein supersede all previous/other terms and conditions of Agreement without prejudice to any securities or guarantees held by GLS;
- The terms and conditions set out herein apply to all subcontractors of GLS;
- The Terms and Conditions set out in this Agreement must be read with the Rental Schedule/concluded between the Customer and GLS and shall be deemed to be incorporated in the Terms and Conditions;
- RENTAL, SERVICES AND CUSTOMER PAYMENTS
- The Customer hereby hires from GLS the Equipment described in the Rental Schedule/s at the relevant Customer payments as indicated on the Rental Schedule/s and for the period set out in the Rental Schedule/s, subject to the Terms and Conditions Contained in this Agreement.
- GLS hereby agrees to render the Services to the Customer as described in the Rental Schedule/sat the relevant customer Premises and for the period set out in the Rental Schedule/s.
- The Customer Payments in terms of a fixed term rental will be subject to adjustment on an annual basis at the percentage rate as per the Rental Schedule/s;
- GLS and the Customer agree that all Customer payments in terms of this Agreement shall be escalated on an annual basis.
- The Customer agrees to pay the Customer payments unconditionally to GLS without any set-off or deductions.
- All customer payments are payable within 30(thirty) days from the date of the relevant invoice;
- The Customer agrees to send to GLS all the required information regarding the movement of the equipment via a scanner or web interface or a goods transfer document, to reach GLS by the month-end processing cut-off date of each month, to be notified by GLS to the Customer from time to time. The Customer shall be liable for the manual late documentation invoice generated by GLS for any information reaching GLS after the cut-off date;
- In the event of any change in law or regulation or the interpretation thereof, resulting in an increase to GLS in any cost factor in providing or maintaining this Agreement, GLS shall be entitled to increase the Customer payments accordingly in order to recover such increase cost from the customer;
- If the customer disputes the amount of any increase pursuant to 3.8 the amount of the increase may be certified by an independent auditor nominated for such proposed by GLS, which certificate shall be final and binding on the Customer and the Costs of which certification shall be paid for by the Customer;
- As long as this Agreement remains in force, the Customer shall not be entitled to set-off, with hold or defer payment of any amount owing for any reason whatsoever. In the event of any disputes arising between the Parties, the Customer shall, pending the settlement of the dispute, continue to pay all Customer Payments or other amounts payable in terms hereof on their due dates.
- The Customer herewith waives his right to nominate the debt towards which payment is to be made and its right to claim that payment should be appropriated towards the most burdensome debt. GLS shall be entitled in its sole discretion to allocate the payment towards any debt owing to GLS by the Customer;
- The Customer agrees that interest on all overdue amounts will be payable at a rate equal to the prime rate issued by First National Bank from time to time, plus 2% (two percent) on any and all monies due and payable to GLS, which interest shall be calculated daily and compounded monthly from date on which the relevant amount becomes due and payable until the date of payment in full.
- The Customer agrees to pay the amount of any tax invoice issued by GLS to it at the offices of GLS or at such other place as GLS may designate in writing. The risk of payment by cheque through the post rest with the Customer.
- The Customer has no right to withhold payment for any reason whatsoever including, but not limited to, the Equipment failing into defective condition or state of despair, unless the customer declares the damaged equipment to GLS
- The Customer agrees that no extension of payment of any nature shall be extended to the customer and no extension will be applicable or enforceable unless agreed to by GLS, reduced to writing and signed by the Customer and a duly appointed representative of GLS.
- DELIVERY AND OWNERSHIP
- The Customer shall accept delivery of equipment at the Depot of GLS on the Delivery date or when the Equipment is transferred to, or on behalf of , the Customer by or to a third party or at such other place as the parties may agree to in writing;
- The Equipment shall remain the property of GLS at all times, and shall not be subject to the tacit hypothec for rent of any landlord or to any other lien or right and is not attachable by process of Court and the Customer shall keep the goods free from any such encumbrances at its own cost.
- The Customer, shall on demand, supply to GLS the name and address of the Landlord of the premises where the Equipment is kept if such premises are leased by the Customer, and provide proof of notification to the said landlord that the equipment belongs to GLS and the Landlord’s acknowledgement that the Equipment is free of the Landlord’s tacit hypothec;
- The Customer agrees not to sell, encumber, pledge, alienate or part with the Equipment at any time during this Agreement or while it is in possession of the Equipment, whichever is the latest
- Upon the termination of this Agreement for any reason whatsoever, the Customer shall immediately return the Equipment to GLS in good working order, fair wear and tear expected. In such event, GLS shall inspect the Equipment and any damage to the equipment (fair wear and tear excluded, as determined by GLS in its sole discretion) will be for the account of the Customer. The customer shall have 7 working days after receipt of notification by GLS of any damage, to inspect the Equipment, where after an invoice for the damage to the Equipment will be issued by GLS for unconditional and immediate payment by the Customer.
- The provisions of 4.5 shall apply mutatis mutandis if the Equipment is returned by, or on behalf of the Customer to GLS upon the expiry of a specific rental period or for any other reason other than the termination of this Agreement.
- The Parties agree that the equipment is movable goods and shall remain movable despite any method of attachment to any structure or building and that there is no intention that the equipment should accede to such other party;
- Any delivery note, scan notification, time sheet, job card (copy or original) signed by the customer or a third party engaged to transport the Equipment held by GLS shall be prima facie proof that delivery was made to the Customer on the Delivery Date.
- Delivery performance and repair times given by GLS from time to time are merely estimates and are not binding on GLS.
- RISK AND INSURANCE
- The risk of damage, destruction or theft of the equipment shall pass to the Customer with effect from the date on which the Equipment leaves the relevant GLS depot until such time as the Equipment is returned to GLS (as provided for in 4.5 and 4.6) for its full replacement value from time to time.
- The Customer shall comprehensively insure to GLS’s satisfaction, the Equipment from delivery Date until the date on which the Equipment is returned to GLS, against all risk of loss or damage of any nature whatsoever, for its full replacement value from time to time.
- The Customer shall insure that GLS’s interest in the Equipment is endorsed on the relevant insurance policy, on or before the delivery date and that all insurance premiums shall be paid punctually;
- The Customer shall comply with the conditions as stipulated in the relevant insurance policies at all times, in order to keep the policies;
- The Customer shall upon request provide GLS with a copy of the insurance policies in respect of the Equipment before or/on the Delivery date and on request, exhibit or deliver to GLS proof of payment of the insurance premiums and/or the endorsement of GLS’s interest on the relevant insurance policies;
- The Customer shall immediately notify GLS in writing if any of the Equipment or accessories is lost, stolen and/or damaged and shall render all assistance necessary to its insurer as required to ensure recovery of the payment of any and all insurance claims in respect of lost stolen and/or damaged equipment;
- Subject to 4.5 in the event of damage to the Equipment (fair wear and tear excluded as determined by GLS in its sole discretion) and the customer declares such damage to GLS, then GLS shall repair the damaged Equipment.;
- If the Equipment is damages beyond repair, lost, stolen or destroyed, GLS will invoice the Customer for the then replacement value of the Equipment.
- USE OF EQUIPMENT AND CUSTOMERS OBLIGATIONS
The Customer shall –
6.1 only use and store the Equipment for the purposes for which it is intended and in a careful and proper manner as if the Equipment were the Customers own property, and shall protect it from damage, loss and excessive wear and tear;
6.3 immediately following delivery, notify GLS in writing of any defects or fault in the Equipment
6.4 keep the Equipment at the premises as specified in the relevant rental Sheet unless prior written permission was has been obtained from GLS to move the Equipment elsewhere
6.5 not permit the Equipment to be moved beyond the borders of the Republic of South Africa, unless prior written permission has been obtained by GLS;
6.7 immediately notify GLS in writing if any attachment or execution is levied upon the Customer’s property at the premises where the Equipment is kept;
6.8 permit GLS’s employees and/or representatives to enter the premises where the equipment is kept to inspect the Equipment.
6.9 not allow or cause the removal, obliteration or change of any identification marks on the Equipment;
6.10 not materially alter or modify the Equipment without GLS’s prior written consent;
6.11 be liable for the repair cost of the Equipment in the event of any damage or destruction to the Equipment as a result of the Customer and/or its employees/agent’s negligence, gross negligence and/or fault.
6.12 be liable for the replacement cost of the Equipment in the event of the destruction or loss of the Equipment as provided for in 5, as a result of the Customers and/or its employees/agents negligence, gross negligence and or fault.
6.13 The Customer will be liable for payment of rental cost of equipment if the equipment is reflecting on the customers account, even if the Equipment is unusable by the Customer, unless the damage is declared and equipment returned to GLS;
6.14 If the Equipment is damaged and/or destroyed, the Customer must declare this to GLS and return the RF-Tag to GLS;
6.15 If the RF-Tag fails to be read the Customer shall be liable for the replacement of the RF-Tag.
6.16 Only GLS shall do the maintenance on the Equipment free of charge if the damage is due to fair wear and tear;
6.17 In the event of GLS determining that the Customer and/or any other party attempted to do maintenance on the Equipment, GLS will assume that the Equipment was damages beyond repair and/or Lost or destroyed and the Customer will be held liable for the cost of a replacement;
6.18 The Customer is required to do comprehensive stock take annually of the Equipment relating to this agreement, which if GLS request so, the Customer shall give the results of such stock take to GLS;
6.19 In the event that the Customers stock take shows less Equipment than what GLS has on G-Track then the Customer has 5 days to rectify the discrepancy otherwise the Equipment unaccounted for shall de deemed lost and/or destroyed and the Customer shall be liable for the replacements.
- NEGATIVE BALANCE
- In the event of the G-track system indicating the Customer has a negative balance, the negative balance will be flagged and the Customer has to show why the negative balance is reflecting within 5 days or receiving the flag;
- After the above, and in the event a second negative balance is detected, GLS will request the Customer to do a formal audit of the Equipment relating to this agreement.
- The negative balance will not accrue credit on the Customer’s account.
- INTELLECTUAL PROEPRTY RIGHTS
No right to any intellectual property are conveyed, assigned or licenced by GLS to the Customer. The Customer shall respect GLS’s intellectual property rights in respect of the Equipment and the services and all the documentation and software relating thereto, and shall not commit any act which may result in an infringement of any such rights.
The Customer hereby irrevocably indemnifies and holds GLS harmless against –
- Any claim made against the Customer by any third party or any liability incurred by the Customer to a third party arising directly or indirectly out of this agreement the Services the Equipment or its use or possession. All costs incurred by the Customer in connection with such claim or liability will be for the customers own account; and
- Any loss or damage suffered by GLS as a result of a breach of any of the provisions of this agreement by the Customer
- The Equipment is guaranteed according to the product specific warranties of the manufacturer thereof (the Manufacturer) only and all other guarantees including common law guarantees are hereby specifically excluded. The Services carry no guarantee but will be rendered in a reasonable and workmanlike manner.
- The Parts are guaranteed according to the Manufacturer product specifications
- Any liability under 10.1 and 10.2 is restricted to the cost repair or replacement of faulty Equipment or Services or the Granting of credit at the sole discretion of GLS.
- GOODS AND OTHER SERVICES
- GLS shall be entitled in its sole and absolute discretion to split the delivery and or performance of the Equipment, consumables or Services ordered in the quantities and on the dates it deems appropriate.
- GLS shall be entitled to invoice each delivery and/or performance actually made separately.
- NO LIABILITY
- The Customer acknowledges that it does not rely on any representations made by GLS with regards to the services, Equipment and/or any other of its qualities leading up to this Agreement other than those contained in this Agreement. All specifications and price lists, performance figures, advertisements, brochures and other technical data furnished by GLS in respect of the Equipment or Services, orally or in writing will not form part of the Agreement in any way unless agreed to in writing by GLS.
- The Customer agrees that neither GLS or any of its Directors employees representatives or agents shall be liable for any negligent or innocent misrepresentations made to the Customer;
- It is the sole responsibility of the Customer to determine that the equipment ordered is suitable for the purpose of intended use;
- Signature by the Customer of the Delivery note and/or scan confirmation shall be deemed to be an acknowledgement that the customer has inspected and approved the Equipment and that same is in every way satisfactory to the Customer. The Customer shall have 7 (seven) days to report and/or return any Equipment that are faulty and/or not in accordance to the Customers specifications.
- Under no circumstances shall GLS be liable for any consequential damages, including loss of profits or for any delictual liability of any nature whatsoever
- Under no circumstances shall GLS be liable for any damage arising from any misuse, abuse or neglect of the Equipment or Services;
- All guarantees and warranties in respect of the Equipment are immediately null and void should any Equipment be tampered with or should the Equipment be used or stored outside the Manufacturers specifications;
- The Signatory of each Rental Schedule/s hereby binds himself/herself in his/her personal capacity as Shareholder (in the case of a company), Member (in the case of a closed corporation) or owner or partner, as the co-principal debtor with the Customer, jointly and severally, for the full amount due by the Customer to GLS from time to time and agrees that this Agreement will apply and be binding in the exact same way to him/her.
- CESSION AND ASSIGNMENT
- The Customer Agrees that GLS may at any time cede, make over or delegate its rights and/obligations in terms of this Agreement and/or transfer ownership of the Equipment to any third party without having to give notice to the Customer. Any reference to GLS shall be deemed to be a reference to its successor in title;
- The Customer shall not be entitled to cede its rights, sub-let or part with possession of the Equipment, or delegate its obligations in terms of this Agreement unless it has obtained GLS’s prior written consent thereto.
- If the Customer is a juristic person, it shall not permit any change in the beneficial ownership of its issued shares or member’s interest, whichever is applicable without the written consent of GLS which consent may not be unreasonably withheld.
- BREACH AND TERMINATION
- In the event that the Customer –
- Breaches any of the terms and/or conditions of this Agreement;
- Commits an act of insolvency (as if it is a natural person) in terms of the insolvency act No 24 of 1938 as amended;
- Attempts to compromise with any of its creditors;
- Suffers any execution or attachment of its property where the Equipment is installed;
- Is subject to a provisional or final order of liquidation or sequestration; and/or
- Voluntarily surrenders its estate,
- Then GLS may, at its election and without further notice terminate this Agreement, and upon such termination –
- Repossesses the Equipment;
- Claim immediate payment of all arear amounts; and/or
- Claim damages sustained by reason of the Customers breach;
- All amounts owing to GLS by the Customer becomes immediately payable;
- In the event of a breach pursuant to 14.1, GLS shall be entitled without terminating this Agreement to
- Treat as immediately due and payable all Rental Payments and service charges which would otherwise become due and payable in terms of this Agreement, for the remaining period of the Agreement;
- Claim all arear amounts; and/or
- Take possession of the Equipment.
- The Customer agrees that a Certificate signed by any manager accountant or director of GLS whose capacity and authority need not be proved shall be prima facie proof of the matter of evidence stated herein in regard to any amount owing by the Customer to GLS;
- Should GLS commit a breach of any of the provisions of this Agreement, and fail to rectify such breach within 14 (Fourteen) calendar days from receipt of notice of such breach from the Customer, the Customer shall be entitled to Cancel this Agreement immediately upon the return of the Equipment to GLS and the payments of all Customer payments due and payable at such date of termination.
- In the event that the Customer –
- FORCE MAJEURE
- Notwithstanding any of the other provisions of this Agreement, a Party shall not have any claim against the other Party for any delay or failure of such other Party (the Failing Party) to carry out any of its obligations under this Agreement arising from or attributable to an act of God, war, terrorism, government action, labour action, or civil unrest, or any other cause whatsoever beyond the control of the failing party (Force Majeure)
- The performance of the obligations of the failing Party shall subject to 15.3 be suspended for the duration of the force majeure which shall be deemed to commence only upon the date of written notice from failing Party to the other Party. Upon cessation of the Force Majeure this Agreement shall again become fully operative and the failing party shall immediately resume its performance.
- If the suspension of performance continues for more than 90(ninety) days then notwithstanding any of the provisions of this Agreement the non-failing party may terminate this Agreement by written notice to the failing Party prior to the cessation of the force majeure
- Any printout of computer evidence tendered by any Party for purpose of this Agreement shall be admissible evidence and no Party shall object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence or that the requirements of the Electronic communications and Transactions Act No 25 of 2002 as amended have not been met;
- The Customer agrees expressly that no debt owed to GLS by the Customer shall become prescribed before the passing of a period of 3 years from the date the debt becomes due and payable, as per the Prescription Act No 68 of 1969 as Amended.
- If any Equipment supplied to the customer are of a generic nature and have become the property of the Customer by operation of law (confusion commixitio) the Customer shall be obliged on notice of cancellation of the Agreement to transfer ownership of the same quantity of the Equipment to GLS;
- The Customer shall be liable to GLS for all legal expenses on the attorney own client scale including cost of counsel incurred by GLS in the event of
- Any default by the customer;
- Any action taken by GLS to repossesses the Equipment;
- Any litigation in regard to the validity and enforceability of this Agreement;
- The Customer shall be liable for any tracing, collection or valuation fees incurred as well as for any costs including stamp duties for any form of security that GLS may demand
- The Customer agrees that GLS will not be required to furnish security in terms of the Rules of Court of the Magistrates Court and/or the High Court in the event of legal proceedings being instituted in terms of this Agreement.
- No indulgences whatsoever by a Party in favour of the other Party will affect the terms of this Agreement or any of the rights of such Party and indulgences shall not constitute a wavier by such a party in respect of any of its rights herein. Under no circumstances will a party be stopped from exercising any of its rights in terms of this Agreement.
- Either Party shall have the right to institute legal action in either the Magistrates Court or the High Court at its sole and absolute discretion.
- The Customer chooses as its address for any notification or service of legal documents or processes (domicillium citandi et executandi) the business address or the physical address of the business or of any director (in the case of a company) Member (in the case of a closed corporation) or of the owner or partner as set out in the relevant Rental Schedule/s. GLS chooses as its address for any notification or service of legal documents or processes (domicillium citandi et executandi) its business address set out in the relevant Rental Schedule/s.
- Any document shall be deemed duly presented to and accepted by a party –
- Within 3(three) days of prepaid registered mail to its address referred to in 16.9
- Within 24 (twenty four) hours for being faxed and/or emailed to its fax number and/or email address as listed in the Rental Schedule/s; or
- On being delivered by hand to the Party’s address referred to in 16.9;or
- Within 48 (forty eight hours) if sent by overnight courier; or
- Within 7 (seven) days of being sent by surface mail; or
- The Customer undertakes to inform GLS in writing within 7(seven) days of any change of Director, member, shareholder, owner or partner or address or 14 (fourteen) days prior to selling or alienating the Customer’s business. Failure to do so will constitute a material breach of this Agreement.
- The Customer hereby consents to the storage and use by GLS of personal information that it has provided to GLS for establishing its credit rating and to GLS disclosing such information to credit control companies banks, and other institutions involved in credit rating. The Customer Agrees that GLS will not be held liable for the good faith disclosure of any information to such third Parties that no further specific consent needs to be obtained for the disclosure of such information to a specific third party.
- No omission or delay by GLS at any time to enforce any right or remedy reserved to it or to require performance by the Customer of any of the terms covenants or provisions of this agreement at the times designed herein, shall be a waiver of any such right or remedy, nor shall it in any way affect GLS’s right to thereafter enforce such provisions.
- If any terms or provision of this agreement or the application thereof to any person or circumstance shall, to any extent be held to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held to be valid or enforceable to the fullest extent permitted by law.
- In the interpretation of this agreement the contra proferentum rule of interpretation shall not apply, nor shall this Agreement be construed in favour or against any Party by reason of the extent to which any Party or its professional advisers participated in the preparation of this agreement
- This Agreement and the Rental Schedule/s may be executed in counterparts and by each Party in a separate counterpart, each of which when so executed shall be an original, but all of which shall together constitute one and the same document.
- TRANSFER HIRE AGREEMENTS
- The Customer Agrees that when entering into a Transfer Hire Agreement, that such agreement shall be entered into with a registered trading party;
- In the event that the trading party with which a Transfer Hire Agreement is entered into, is not listed as a registered trading party with GLS, it is the Customers sole responsibility to register the trading party with GLS;
- In the event that the Trading Party does not comply with the Customer to be registered as a trading party with GLS, then the Customer will be liable for any and all costs relating to the Agreement between the Customer and the Trading Party for damage, repairs, theft caused by the non-registered trading party;
- The Equipment will remain on the Customer’s name and for the customer’s account until the trading party is registered with GLS.
- The effective date of transfer hire shall be the actual date of dispatch of the Equipment from the Sending Customer to the Receiving Customer;
- Upon the Cancellation of this Rental Agreement all other Agreements which are subject to this Agreement shall also be cancelled, which included the Transfer Hire Agreements, but is not exclusive to these agreements, excluding the Agreements still in dispute;
- Equipment received in terms of a Transfer Hire agreement from a Sending Customer is entirely on the risk and liability of the Receiving Customer.
- In the event of any dispute for whatever reason and of whatever nature arise out of a transfer hire agreement the Equipment shall remain on the Customer’s account before such dispute until the dispute is resolved;