1. INTERPRETATION
1.1 In this agreement, unless the context indicates otherwise the following phrases will have the
meaning ascribed to them in this clause:
1.1.1 “the rental period” means the period from the time the trailer is delivered to the LESSEE at the
renting location until its returned to the LESSOR by the LESSEE;
1.1.3 “the renting location” means the Toe-it Trailer Hire location from which the trailer is rented by the
LESSEE;
1.1.4 “the territory” means the Republic of South Africa as constituted from time to time;
1.1.5 “the trailer” means the trailer described in this agreement, including all tyres, tools, equipment,
accessories and documents in and on the trailer when the LESSEE takes delivery of the trailer at
the renting location and includes any replacement for the trailer which has been officially
authorised by the LESSOR, whether or not such replacement was authorised or approved by the
LESSEE.
1.2 Any heading in this agreement is for the sake of convenience only and is not to be taken into
account for the purposes of interpretation.

2. RENTING
2.1 The LESSOR rents to the LESSEE, who hires the trailer on the terms and conditions set out in this
agreement;
2.2 It is recorded that the trailer shall always remain the exclusive property of the LESSOR and the
LESSEE may not alienate, sub hire, lend or in any other way dispose of the trailer.

3. TERMINATION
Notwithstanding anything to the contrary anywhere else in this agreement, the LESSOR may
terminate the agreement at any time with immediate effect by notice to the LESSEE, whereupon
the LESSEE shall return the trailer to the LESSOR without further delay. The obligations of the
LESSEE and the rights of the LESSOR in terms of this agreement shall remain in full force and effect
until the trailer has been returned to the LESSOR and the LESSEE has complied with all its
obligations.

4. RENTAL
4.1 The LESSEE shall on demand pay to the LESSOR all rental related amounts due as prescribed on
the reverse side of this contract including amounts incidental thereto.
4.2 Where the LESSEE with the written consent of the LESSOR pays the rental amount on an account
basis, all outstanding monies become due and payable before the 7th day of the succeeding
month. Failure to adhere to the payment of this amount will negate any discounts given and a
penalty rental will be imposed at two times the daily rate as indicated on the front of this
contract.
4.3 A rental deposit as included in the total costs described on the hire note is payable and shall be
repaid by the LESSOR to the LESSEE, on return of the trailer, if all the conditions in this agreement
are fulfilled by the LESSEE.
4.4 If the LESSEE enters into this agreement on behalf of any principal, partnership, company or trust,
including any undisclosed principal, they shall be personally liable, jointly and severally with this
principal and the LESSEE warrants his authority to sign on behalf of such principal, partnership,
company or trust and such entities ability to pay.

5. DELIVERY & RETURN
5.1 The LESSEE shall take delivery of the trailer at the renting location, and acknowledges that the
trailer has been delivered in good order and repair and without any damage.
5.2 The LESSEE confirms that they have noted the warnings and safety instructions concerning the use
of the trailer.
5.3 The LESSEE acknowledges that they are satisfied with the manner in which the trailer has been
delivered, including the inspection by themselves and fully agrees that the trailer satisfies their
requirements.
5.4 The LESSOR and the LESSEE agree that the LESSEE will not have any claim against the LESSOR
whether for damages or otherwise, including claims by third parties arising out of the hiring of the
trailer by the LESSOR to the LESSEE.
5.5 The LESSEE undertakes to immediately inform the LESSOR of any defect, failure or hazard relating
to the trailer and promptly claim any refund, remedy or repair.
5.6 The LESSEE shall at its own cost return the trailer to the LESSOR at the agreed return date and
time, or if the agreement is terminated at any time before the date agreed upon above, the
LESSEE undertakes to return the trailer immediately after such termination.
5.7 The trailer shall be returned to the LESSOR in the same condition as received, fair wear and tear
excepted, and it is agreed that the LESSEE will return the trailer to the same location from which it
was collected.
5.8 Without derogating from anything in this agreement, on the expiry or termination of this
agreement for any reason, the LESSOR shall be entitled to take possession of the trailer wherever
it may be located and remove it from the possession of any person at that time.
5.9 The LESSEE undertakes to pay the following:
5.9.1 any expenses incurred by the LESSOR to ensure the return of the trailer to its renting location,
which shall include tow-in and re-attachment costs; and
5.9.2 all fines and legal costs payable by the LESSOR during and as a result of this agreement in respect
of any legal offence attributable to the trailer, the LESSEE or a person authorized by the LESSEE to
tow the trailer; and
5.9.3 interest at not more than the rate prescribed by the Prescribed Rate of Interest Act 7/1997 as
amended on all amounts overdue in terms of this agreement calculated from due date until date
of payment.

6. USE OF TRAILER
6.1 The trailer may not be used:
6.1.1 contrary to any Act; or
6.1.2 by any person who provides mistaken, false or fraudulent information to the LESSOR and the
LESSOR shall not be liable in any way whatsoever in the event that such mistaken, false or
fraudulent information has been provided; or
6.1.3 by anyone other than a properly licensed driver, which driver shall produce their licence to the
LESSOR on request; or
6.1.4 beyond the borders of the territory, or in any area in the territory where there is or may be a risk
of civil unrest, political disturbance, riots or any activity associated with any of the aforegoing.
6.2 The LESSEE may under no circumstances sublet or relinquish possession of the trailer without the
written consent of the LESSOR.
6.3 The LESSEE shall make adequate provision for the safety and security of the trailer and in
particular, but without limiting the generality of the aforegoing, shall keep the trailer properly
locked and secure whether the trailer is in use or not.

7. DRIVER
7.1 If the LESSEE is a natural person the trailer may not be towed by anyone other than the LESSEE
himself or with the consent of the LESSEE, by a natural person referred to in 7.3 below.
7.2 If the LESSEE is not a natural person, the trailer may not be towed by anyone other than the
natural person who signed this agreement on behalf of the LESSEE, or with the consent of the
LESSEE by a natural person referred to in 7.3 below.
7.3 The trailer may also be towed by anyone else whose name has been specified as an additional
driver.
7.4 The LESSEE warrants that:
7.4.1 the trailer will not be towed by any person whose blood alcohol concentration exceeds the limit
permitted by the Road Traffic Act or any other regulation or whilst under the influence of
intoxicating liquor or a narcotic drug; and
7.4.2 every driver of a vehicle towing the trailer will have a valid licence to drive the vehicle and tow
the trailer, and will comply with all applicable laws and will comply in all respects with the
provisions of this agreement.
7.5 If the trailer is towed by anyone other than the LESSEE, then without derogating from any rights or
remedies which the LESSOR may have:
7.5.1 the LESSEE shall remain liable for all his obligations in terms of this agreement and he shall be
liable to the LESSOR as if he had towed the trailer himself;
7.5.2 where the trailer is not towed by persons referred to in 7.3 above, the LESSEE shall not be entitled
to exercise any of the rights which the LESSEE or the driver may otherwise have been entitled to
exercise in terms of this agreement.

8. RISK
8.1 The LESSEE assumes all risk relating to the trailer during the entire period the LESSEE is in, or is
deemed in terms of this contract to be in, possession thereof.
8.2 The LESSEE shall pay to the LESSOR the costs of any repairs to the trailer, or if the trailer or any
part of the trailer has been stolen or damaged beyond economic repair, the fair market value
thereof before the damage occurred, including any incidental costs incurred by the LESSOR.
Determination of the cause and monetary value of the damage or loss will be exercised in the sole
discretion of the LESSOR.
8.3 Notwithstanding anything to the contrary in this agreement, the LESSOR shall not be obliged to
make, institute or proceed with any claim which the LESSOR may otherwise have had against a
third party for the recovery of any loss or damage to or in connection with the trailer and the
LESSOR shall be entitled in its sole discretion to abandon such claim or to settle such claim on any
terms.

9. RESPONSIBILITY AFTER LOSS OR DAMAGE TO TRAILER
9.1 If during the rental period the trailer is involved in any accident or collision or is lost or the trailer
or any part of it is stolen, the LESSEE shall take every reasonable precaution to safeguard the
interests of the LESSOR, including but without being limited to, the following:
9.1.1 shall obtain the name, addresses and contact details of everyone involved in the accident or
collision, and the names, addresses and contact details of any possible witnesses;
9.1.2 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;
9.1.3 shall notify the police and the LESSOR as soon as possible and, in any event, within 24 hours of the
occurrence of the incident;
9.1.4 shall complete and furnish the LESSOR with all the relevant information pertaining to the incident
within 48 hours of the occurrence of the incident;
9.1.5 shall submit a copy of their driver’s licence to the LESSOR within 48 hours of the occurrence of the
incident;
9.1.6 shall make adequate provision for the safety and security of the trailer;
9.1.7 shall co-operate with the LESSOR in the event that the LESSOR at its sole discretion decides to
institute action against any third party or to defend any action instituted by a third party relating
to the incident.
9.2 If the LESSEE is not the driver of the vehicle towing the trailer at the time of the incident, the
LESSEE shall procure that the driver then complies with the provisions of this agreement and the
LESSEE warrants that the driver will do so.
9.3 The LESSEE shall furnish to the LESSOR any notice of claim, demand, summons or the like which
the LESSEE or the driver may receive in connection with the trailer.

10 EXEMPTIONS
10.1 The LESSOR shall not be liable:
10.1.1 for any loss, theft or damage to the trailer; or
10.1.2 for any loss, theft or damage to the towing vehicle or property being transported or left on the
trailer, or
10.1.3 for any loss, damage or injury resulting to third parties by the lessee’s failure to:
• install and use the trailer in a proper manner;
• maintain the trailer in a proper working condition;
• report any defects to the lessor; or
10.1.4 for any loss or damage suffered by the LESSEE or any other person resulting from the theft of the
trailer; or
10.1.5 for any damage including electrical damage to the towing vehicle caused by the
connection/coupling and/or disconnection/uncoupling of the trailer
10.2
The LESSEE further indemnifies the LESSOR in respect of any claim arising against them by any
person in respect of any injury to persons or property caused by or arising out of the negligent or
improper use of the trailer;
10.3 The LESSOR shall not be liable for any traffic fines issued in terms of The Road Traffic Act or any
other legislation, and the LESSEE agrees to settle any such fines immediately upon demand.

11. PROTECTION OF PERSONAL INFORMATION ACT 
11.1 The LESSOR acknowledges that any personal information submitted to the LESSOR will be
collected, processed and stored as is necessary to carry out actions for the conclusion or
performance of the agreement entered into between the parties in accordance with the
Protection of Personal Information Act. 
11.2 The LESSEE hereby grants their consent that the personal information hereby provided by them
or any third party may be used and processed as is necessary to carry out actions and functions
for the conclusion or performance of any agreements entered into between the LESSEE and the
LESSOR.
11.3 The lessee hereby further grants consent to the lessor to further processing of the lessee’s
information in instances whereby the information will be necessary to extinguish liability from
the lessor from any third party or any third party claim.

 
12. GENERAL
12.1 The LESSEE shall not be entitled to cede any of his rights under this agreement or to sub let or part
with possession of the trailer, its tools, equipment or any part of it. 
12.2 If the LESSOR institutes any legal proceedings against the LESSEE to enforce any of its rights under
this agreement, it shall be entitled to institute such proceedings in the Magistrate’s Court and to
recover from the LESSEE all the legal costs on the scale as between attorney and client, including
collection commission. 
12.3 The LESSEE chooses the physical address, email and mobile number on the hire note and/or
invoice as his domicilium citandi et executandi and any notice posted, emailed or delivered to it
there shall be deemed to be received on delivery or three days after it is posted or on generation
of a positive email or WhatsApp delivery report.
12.4 The LESSOR shall be entitled to carry out a credit check on the LESSEE with one or more credit
agencies who may retain a record thereof and the LESSOR shall be entitled to record any default
by a LESSEE with any credit agency. Such records may be made available by the credit agency to
third parties. 
12.5 The LESSEE acknowledges that no representations that lead to signature of these terms and
conditions, other than those contained in these terms and conditions, were made to them.
12.6 No amendment, addition, deletion, variation or consensual cancellation of this agreement shall be
of any force or effect unless reduced to writing and signed by both parties.
12.7 The LESSEE guarantees the correctness of the information provided in this agreement.