Graco Pram

Delivery

Memorandum of Terms & Conditions for the Lease of Equipment

entered into by and between:

The Travelling Baby cc
Ck No.: 2007/224425/23
(hereinafter referred to as the “Lessor”)

And

The Customer

1. DEFINITIONS

In this agreement, unless the context other requires, the following words and expressions shall have the meanings assigned to them hereunder:-

1.1 “The Customer” : means any natural person acting in their personal capacity or on behalf of any registered juristic entity in a representative capacity having full legal capacity to lawfully enter into this agreement with the Lessor.

1.2 “Equipment” : means travelling equipment in general utalised for the transportation of minor children however with same to include peripheral accessories for minor children.

1.3 “Acceptance” : means electronic acceptance of the undermentioned terms and conditions and shall have the same effect as if the customer signed the terms and conditions acknowledging and understanding the terms and conditions to be legally binding on him / her / it.

1.4 “Rental Period” : means the date from which the equipment is delivered to the customer (being the effective commencement of the lease) expiring on the date on which the equipment is returned into the Lessor’s custody in terms of the agreed period of lease and / or any other date agreed with between the Lessor and the Customer.

1.5 “Extended Rental Period” : means a further time period in which the equipment is leased from the Lessor by the Customer.

1.6 “The Website” : means “www.thetravellingbaby.co.za”

2. INTERPRETATION:

2.1 Words importing natural persons shall include references to Bodies Corporate and other Legal Personae and vice versa.

2.2 Words importing the masculine shall include a reference to the feminine.

2.3 Words importing the singular shall include a reference to the plural and vice versa.

2.4 A reference to a party in a document includes the party as successors and permitted assigns.

2.5 Where the day on or by which any thing is to be done is not a business day, it shall be done on or by the 1st business day thereafter.

2.6 A reference to a document includes an amendment or supplement to, or replacement or novation of that document.

2.7 The captions appearing in this agreement are for reference purposes only and shall not affect the interpretation hereof.

2.8 Where figures are referred to in numerals and in words, if there is any conflict
between the two, the words shall prevail.

3. LEASE

Subject to the conditions enclosed hereunder, the Lessor hereby hires and / or leases equipment to the Customer who hereby hires and / or leases equipment from the Lessor aforesaid.

4. RENTAL BOOKINGS, CANCELLATION OF BOOKINGS & REFUNDS

The Customer shall comply with the following undermentioned procedures to procure the rental bookings of equipment from the Lessor:

The Customer shall identify on the website (by completion of the pro-forma order) the equipment that he / she / it intends on leasing from the Lessor.

The Lessor shall thereafter confirm via e-mail to the Customer the availability of the equipment and shall accordingly attach a pro-forma invoice in pursuance of the pro-forma order with its banking details for the Customer’s payment.

The Customer shall thereafter within a period not in excess of 24 hours effect payment of the pro-forma order to enable the Lessor to reserve the equipment on the Customer’s behalf. In the event of the Customer not effecting payment within the specified time period, the Lessor reserves its rights to reserve the equipment for other Customers whom have effected the payment of the Lessor’s pro-forma account in respect of other orders.

Only upon clearance of the Customer’s payment into the Lessor’s banking account, the Lessor shall thereafter make the necessary arrangements to deliver the equipment to the Customer’s designated delivery address.

In the event that the Customer desires to rent the equipment for an extended period after having taken delivery in terms of clause 4.4 from the Lessor, the Customer shall notify the Lessor within 2 (two) days prior to expiration of the initial rental booking of it’s intention to lease the equipment for a further specified period to which the Lessor shall thereafter respond to the Customer in terms of clauses 4.2 and 4.3. However, should the Customer not timeously effect payment for the extended rental period, the Customer shall return the goods forthwith to the Lessor upon expiry of the initial rental period.

The Customer shall be entitled to cancel the rental booking provided written notification has been timeously forwarded to the Lessor prior to the Lessor’s representative having delivered the goods to the Customer, however, the Lessor reserves it’s rights to levy the Customer with a administration fee calculated at 10 % (Ten Percent) of the invoice amount not exceeding R200,00 (Two Hundred Rand) which shall be deducted from the Customer’s payment before the remainder of the monies held by the Lessor is refunded to the Customer within 30 (Thirty) days from receiving notification of the Customer’s cancellation of the rental booking.

The Customer shall not be entitled to any refund should he / she / it desires to cancel the rental booking after the Lessor’s representative has delivered the goods to the Customer thereof.

5. DELIVERY OF EQUIPMENT

5.1 Delivery shall be effected by the Lessor in the Durban metropolitan and surrounding areas (upon clearance of the Customer’s payment into the Supplier’s nominated banking account) and the Lessor reserves its rights to charge a delivery fee to the Customer based on Zones of delivery as set out in Annexure A.

5.2 The Lessor shall endeavor to deliver the Customer’s ordered goods within a reasonable time period from having received the Customer’s payment into its banking account.

5.3 The Lessor shall not be held liable for any losses whatsoever suffered by the Customer from the date of receiving the Customer’s cleared funds into its banking account should delivery of the equipment to the Customer take place at a later date than that expected by the Customer hereof.

5.4 It shall be the Customer’s obligation to inspect the goods upon delivery of same by the Lessor’s representatives and in the absence of any queries whatsoever being raised by the Customer relating to the condition of the goods in the presence of the Lessor’s representative attending to the delivery, it shall be taken that the Customer is satisfied with the condition of the goods and more especially the Customer unequivocally accepts that the goods have been delivered to him / her / it in a good and proper working order.

6. POSSESSION OF THE RENTAL GOODS

6.1 It is accepted that risk and/or possession in and to the rented equipment passes over to the Customer on the date on which the equipment is delivered to him/ her/ it and the Customer accordingly indemnifies the Lessor from any losses / damages whatsoever caused to third parties arising from the rental of the equipment.

6.2 Whilst the equipment is within the Customer’s possession, the Customer shall not sell, cede as security, alienate, hypothecate, mortgage or bond the Lessor’s equipment in favour of any third party under any circumstances whatsoever.

6.3 The Customer shall take proper care of the Lessor’s equipment and keep the Lessor’s equipment clean whilst same is in his / her / its possession.

7. RETURN OF GOODS, DAMAGE / DESTRUCTION

7.1 The Customer shall be obliged to return the equipment to the Lessor upon the expiry of the rental period in the same condition in which the equipment was delivered to him / her / it by the Lessor’s representative.

The Customer accepts that failure and/or refusal to return the Lessor’s equipment (after having being requested by the Lessor to return the equipment) at the end of the rental period shall result in the Customer being held liable for the rental of the equipment at a punitive rate of twice the amount of the daily rental premium per day from the date of expiry of the rental period until the date on which the equipment is returned to the Lessor. In addition thereof and not withstanding the Lessor’s rights to seek relief from the Customer in terms of civil law for the return of the equipment, the Lessor shall have discretion to levy criminal proceedings against the Customer if necessary.

In the event that the equipment is damaged in any manner whatsoever and /or totally destroyed whilst in the Customer’s possession, the Customer shall be held liable for the cost of repair of the said equipment and / or if necessary, the Customer shall be held liable for the costs of replacement of the equipment in the event that the equipment was destroyed whilst in the custody of the Customer.

The Lessor shall be entitled to request a damages deposit from the Customer which shall be disclosed to the Customer in its pro-forma invoice where the Lessor is of the opinion that the equipment could suffer damage / destruction / loss whilst in the hands of the Customer.

8. BREACH

8.1 In the event of either party committing a breach of any of the terms and conditions mentioned therein, the aggrieved party shall be entitled to give the defaulting party written notice, which notice is either to be handed to the defaulting party or sent to such party by prepaid registered post to the address referred to below, describing the obligations the defaulter has failed to comply with and demanding that such obligation be fulfilled within not less than seven (7) days from the date on which notice was handed to the defaulter or sent to such defaulter as stated above, and indicating the steps the aggrieved party intends taking if the obligation in question is not fulfilled.

In the event of the defaulter failing to comply with such demand, the aggrieved party shall be entitled, without prejudice, to any rights to which such aggrieved party may have in law, and to either claim specific performance of the terms of this agreement or to cancel this contract forthwith and claim for damages.

9. NOTICES / DOMICILIUM CITANDI ET EXECUTANDI

For the purpose of this agreement, the parties select their domicilium citandi et executandi the address reflected on the Lessor’s invoices and which addresses the parties may change from time to time by notifying each other in writing.

10. GENERAL

10.1 The parties undertake to do all such things as may be necessary, incidental or conductive to the implementation of the terms, conditions and import of this Agreement.

10.2 This Agreement constitutes the sole and entire agreement between the parties and no warranties, representations, guarantees or other terms and conditions of whatsoever nature not contained or recorded herein shall be of any force or effect.

10.3 No variations of the terms and conditions of this Agreement or any consensual cancellation thereof shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.

10.4 No indulgence which either party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which may arise in the future.

11. LEGAL COSTS

In the event of the Lessor having to take legal proceedings or institute legal action against the Customer arising from these terms and conditions including the instructing of an attorney to collect any overdue amounts due and owing hereunder by the Customer it is agreed that the Customer shall be liable for and shall pay on demand, all legal costs so incurred on an attorney and client scale including collection charges at the prevailing rate.

12. MAGISTRATE’S COURT

The Customer consents in terms of Section 45 of Act 32 of 1944 (or any amendments or substitutions thereof) to the Lessor taking any legal proceedings for enforcing any of his rights under these terms and conditions of sale if it so elects, in the Magistrate’s Court of any district having jurisdiction in respect of the Customer by virtue of Section 28 (1) of the aforesaid Act.


Annexure A

Zones of Delivery & Delivery Charges

Zone 1 includes but is not limited to the following areas i.e. The Airport, Durban Metropolitan, Pinetown, Westville, Durban North, La Lucia, Mt Edgecombe, Umhlanga, Umdloti, Sibaya and Balito.

Delivery Charges in respect of Zone 1:
Deliveries in excess of R500,00 in invoice value shall be free of charge.

Deliveries under R500,00 in invoice value shall be levied with a delivery charge commencing from a minimum of R50,00.

Zone 2 includes, but is not limited to the following areas i.e. Amanzimtoti, Kingsburgh, Warner Beach, Kloof, Hillcrest, Shaka’s Rock, Salt Rock and Blythedale Beach.

Delivery Charges in respect of Zone 2:
Irrespective of the invoice value, a delivery charge commencing from a minimum of R150,00 shall be levied and subject to increase dependant on travelling time and travelling costs incurred thereof.

Kindly note that in the event of customer’s hiring motor-vehicles from the Airport, the Lessor could with the Customer’s consent deliver the equipment to the car hire company.

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Terms and Conditions