Terms & Conditions of Rental/Lease

1. RENTAL TERM

  • This initial term of this Lease shall be the period as chosen in this Agreement.
  • The Lease shall commence on delivery date of the Goods and shall expire automatically upon reaching the end of the term period chosen.
  • In the event of the Lessee wishing to renew or extend this Lease beyond the initial term, he or she shall apply to the Lessor in writing no less than 3 (three) business days prior to the expiry date. Notification of continuation must be sent to admin@carepro.co.za and upon receipt thereof CarePro will respond in writing.
  • Upon the renewal or extension of the initial lease period the renewal period shall be governed by the same terms and conditions that applied to the initial period.

2. RENTAL FEES

  • The Lessee shall pay the rental amount, any deposits, delivery and collection fees as set out in the quotation or invoice. No delivery of leased/rental equipment will be effected without CarePro having received payment of the all amounts due for the first month. No delivery of leased/rental equipment will be effected without CarePro having received payment of the first month’s instalment and delivery fees.
  • The Lessee shall be liable for the full rental amount, even in circumstances
  • Goods are returned prior to the expiry of the full initial term and the Lessee will not be entitled to any refunds.
  • The Lessee shall pay, together with the rental, a damages deposit of ‘as stipulated on the Quotation/invoice’, if so applied by the Lessor.
  • Should the Lessee return the Leased Goods upon the expiry of this Lease in the same condition as they were prior to the commencement hereof, fair wear and tear accepted, the Lessor shall be obliged to return the damages deposit within 5 (five) business days of the goods having been returned.

3. USE

  • The Lessee shall only use the Leased Goods for the purposes for which they are intended, and in a careful and proper manner in compliance with all national, provincial, municipal, police and other  laws, ordinances and regulations of the Republic of South Africa in any way relating to the possession, use and/or maintenance of the Goods.

4. REPAIRS AND MAINTENANCE

  • The Lessor shall at its own cost keep the Leased Goods in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Leased Goods in good mechanical working order. The Lessee shall not repair or materially alter the physical or otherwise makeup of the Goods in any way.
  • The Leased Goods shall be checked by the Lessor prior to collection by the Lessee. In the event that the Leased Goods appear damaged when the Leased Goods are collected or  delivered, the Lessee must notify Lessor immediately upon first inspection of the Leased Goods, and the parties will in such event negotiate a mutually agreeable solution.

5. DAMAGE, LOSS AND INSURANCE

  • The Lessee assumes and shall bear the entire risk of loss and damage to the Leased Goods arising from any cause whatsoever. The aforesaid risk shall pass to the Lessee upon delivery or collection of the Leased Goods, and the risk shall remain with the Lessee until the Goods have been returned to the Lessor.
  • In the event of damage of any kind whatsoever to the Leased Goods, the Lessee agrees to immediately contact the Lessor with an accurate description of the damage and the circumstances of its occurrence. The Lessee agrees to be bound, legally and otherwise, by the report of the Lessor’s chosen repair venue as to the cause of the damaged to the Goods.
  • Insurance of all and any liability of whatsoever nature on the part of the Lessee arising out of the use of the Goods is the responsibility of the Lessee.

6. SURRENDER

  • Upon the expiration of this Lease, the Lessee shall return the Leased Goods to the Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone accepted.
  • The Lessor’s acceptance of the Leased Goods upon return by Lessee shall not represent the Lessor’s acceptance as to condition of Leased Goods upon return and the Lessor reserves the right to inspect  the Leased Goods and make an assessment regarding their condition.

7. INDEMNITY

  • The Lessee shall indemnify the Lessor against, and hold the Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from the Lessee’s use of the Goods.

8. DEFAULT

  • Late return of the Leased Goods or failure by the Lessee to make the Leased Goods available for collection upon expiry of this lease shall result in the Lessee be liable to pay a penalty fee of the standard daily rate(s) of leased product(s)
  • In the event of either party breaching any of the terms of this Lease and failing to remedy such breach within a period of 10 (ten) business days of receipt of a written notice demanding that such breach be  remedied, the party aggrieved thereby shall be entitled, without prejudice to any other right which it may have in terms of this Lease or in terms of any other law, to:
  • claim specific performance of the terms of this Lease as well as such damages which it may have suffered;
  • Cancel this Lease and claim and recover damages; or
  • Keep this Lease in force and recover such damages as it may have suffered as a result of such breach.

9. OWNERSHIP AND ASSIGNMENT

  • The Leased Goods are, and shall at all times be and remain, the sole and exclusive property of the Lessor. The Lessee shall have no right, title or interest therein or thereto except as expressly set forth in  this Lease.
  • The Lessee shall not assign or transfer this Lease or its interest in the Leased Goods without the prior written consent of the Lessor.

10. DOMICILIUM CITANDI ET EXECUTANDI

  • Each of the Parties chooses the address set out in the quotation as their domicilium citandi et executandi which all notices, legal processes and other communications must be delivered for the purposes of  this Lease.
  • Any notice or communication given in terms of this Lease shall be valid and effective only if in writing.
  • Any notice to a Party contained in a correctly addressed envelope and;
  • Sent by prepaid registered post to the above-chosen address; or
  • Delivered by hand to a responsible person during ordinary business hours at the above chosen address shall be deemed to have been received, in the case of registered post, on the 5th(fifth) business day after posting (unless the contrary is proved); or in the case of hand delivery, on the day of delivery.
  • Any notice to a Party sent by electronic mail shall be deemed to have been received on the same date as delivery thereof.