STANDARD TERMS AND CONDITIONS OF RENTAL, INCORPORATING A RENTAL AGREEMENT IN RESPECT OF PORTABLE TOILET UNIT(S)STANDARD TERMS AND CONDITIONS OF RENTAL, INCORPORATING A RENTAL AGREEMENT IN RESPECT OF PORTABLE TOILET UNIT(S)
INVOICES AND ACCOUNTS – Invoices will come from email@example.com
- The invoice price reflected on Nedtex 400 CC t/a Mack Loo Toilet Hire’s invoice shall be paid by the Contract Holder. Terms are strictly, invoices shall be paid by the 1st of each month; Services will be suspended failing payment by the 3rd of each month. Toilets will be collected failing payment by the 7th of each month;
- Nedtex 400 CC t/a Mack Loo Toilet Hire shall be entitled but not obliged to charge interest on all overdue amounts calculated at the rate of 10.25% per annum;
- How invoicing works: Toilets are paid for upfront for the month of service. If we deliver a toilet in the middle of the month, the invoice you receive between the 25th and 28th of that month will be for the pro rata amount for the month of delivery till the end of that month. If this invoice is paid, your services are paid till end of the new month. If you require credit facilities, we will run your account for 3 months, if invoices are paid on time for 3 consecutive months, you may apply via email (firstname.lastname@example.org) for a 30 day account.
- The risk in and to the goods shall pass to the Applicant on delivery thereof. Notwithstanding delivery of the goods, ownership shall remain vested in Nedtex 400 CC t/a Mack Loo Toilet Hire and shall not pass to the Applicant;
- The Applicant will be responsible for the safekeeping and safeguarding of the toilets. Toilets may not be sublet.
ACCESS TO UNITS
- On termination of the contract, the Applicant must ensure that hired units are timeously and completely vacated and readily accessible and recoverable. Should Mack Loo Toilet Hire incur any costs in relation to locating and the recovery of any toilet(s), the Applicant agrees to pay the costs associated therewith.
- The Applicant hereby authorizes Nedtex 400 CC t/a Mack Loo Toilet Hire access to any site or location to enable Nedtex 400 CC t/a Mack Loo Toilet Hire to inspect or recover any of the hired items;
- In the event that the Applicant’s site is locked or if the service crew cannot get to the units due to obstructions the Applicant will still be charged for the service;
- Nedtex 400 CC t/a Mack Loo Toilet Hire will be entitled to terminate all credit facilities at any time without prior notice to the Applicant and will not be responsible for any losses or damages suffered by the Applicant as a result of the termination;
- A 3 day written notice of termination of any period of lease is required in respect of any units. It is the Applicant’s responsibility to ensure that Nedtex 400 CC t/a Mack Loo Toilet Hire receives the written notification. Please email to email@example.com.
CHANGE OF SITE
- The toilet(s) are only to be utilized at the site to which they were delivered. Should the Applicant require Mack Loo Toilet Hire to transfer the unit(s) to a site different from the delivery site, the Applicant must make such request in writing to Mack Loo Toilet Hire, where after Mack Loo Toilet Hire will quote the Applicant for the costs associated with the transport of the unit(s).
- The unit(s) are leased without any warranty of whatsoever nature as to their condition and the Applicant hereby indemnifies Nedtex 400 cc t/a Mack Loo Toiler Hire harmless against any claim which may arise after delivery of the toilet(s) from Mack Loo Toilet Hire. Upon delivery of the toilet(s), the Applicant agrees that the toilet(s) are in good working order and fit for their intended purpose.
DELIVERY TERMS AND USE
- In the event of a Cash Client / Customer please note: All deposits, rental and service charges are payable in advance before delivery can take place: Payable to Nedtex 400 CC t/a Mack Loo Toilet Hire, FNB, Account number – 6233-405-2991 and proof must be emailed to firstname.lastname@example.org.
- In consideration of the rental fees, the customer shall have exclusive use of the listed units. Nedtex 400 CC t/a Mack Loo Toilet Hire reserves the right to terminate this agreement at any time for reasons of misuse or neglect of units and for the nonpayment of invoices.
BREACH AND TERMINATION
- The Applicant has no right to withhold payment for any reason of whatsoever nature and agrees that no extension of payment of shall be afforded to the Applicant. Any such extension for period of payment(s) will not be enforceable unless agreed thereto in writing by Mack Loo Toilet Hire.
- Should the undersigned fail to pay their account by the 3rd of each month, Mack Loo Toilet Hire reserves itself the right to stop servicing the toilets. Should any amount owing to Mack Loo Toilet Hire still be outstanding by the 7th of that month, Mack Loo Toilet Hire reserves itself the right to remove the toilet(s) from the site without further notice to the Applicant. The Applicant hereby indemnifies Mack Loo Toilet Hire against any claim of whatsoever nature should Mack Loo Toilet Hire exercise its rights in terms of this clause.
- Should Mack Loo Toilet hire stop servicing the toilet(s) due to non-payment by the Applicant, Mack Loo Toilet Hire will levy a R250 surcharge to recommence its services and to accommodate the staff for servicing the overfilled buckets due to such late / non-payment.
- Should the customer fail to fulfill their monthly financial obligation to Nedtex 400 CC t/a Mack Loo Toilet Hire for the rental of unit or should the customer fail to return the unit, Nedtex 400 CC t/a Mack Loo Toilet Hire maintains the right to enter upon the premises where the unit is kept, without notice and take possession of and remove it , without legal process, and the customer hereby waives any claim(s) for damages from any such action by Nedtex 400 CC t/a Mack Loo Toilet Hire, by them removing the unit(s) in the event that of the customer defaulting on its obligations contained herein. In the event of a voluntary or involuntary application for winding up / liquidation / insolvency (as the case may be in respect of the legal persona of the client) filed by or against the customer, the rental agreement shall be immediately terminated on the filling date and the unit shall be returned to Nedtex 400 CC t/a Mack Loo Toilet Hire and all unpaid rents shall be paid by the undersigned. The customers signature on this rental agreement will constitute both their / its corporate and personal guarantee to Nedtex 400 CC t/a Mack Loo Toilet Hire that its invoice will be paid. The undersigned undertakes to pay Nedtex 400 CC t/a Mack Loo Toilet Hire’s legal costs incurred in relation to the recovery of any amount due by the Applicant from time to time on the Attorney and client scale of the Magistrate’s Court tariff, including all collection commission and other charges which may be payable in respect of such proceedings.
- Should the account be unpaid and services are suspended / discontinued, the full price for the month will apply although services are not carried out, due to the overdue account.
- Mack Loo Toilet Hire will only action instruction via email. Voice calls, sms’s or any other kind of communication will not be accepted.
- Notwithstanding any agreement to the contrary all rental or any other amounts are all payable forthwith on termination of the contract;
- Mack Loo Toilet Hire will operate/service on public holidays, the customer is to notify Mack Loo Toilet Hire office, via email only email@example.com , should a service not be required on a public holiday.