Terms and Conditions

  1. These terms and the Contract

    1.1 These terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

    1.2 Our order for laptops constitutes an offer by you renting laptops from us in accordance with these terms.

    1.3 Your order for laptop shall be deemed to be accepted on the earlier of:

    1.3.1 you doing any act consistent with wanting the order, at which point the Contract shall come into existence; and

1.3.2 you signing a Rental Agreement will be sent along with a quotation, will be an acceptance of the order.

1.4 The terms hereof will operate in conjunction with the provisions of the Master Rental to be entered into by both the Lessor and the Lessee.  What may not be provided for here, will be found in the said Master Rental Agreement.

2. Laptop Rental

2.1 You will rent the laptop from us, subject to these terms.

  1. 2 You will not, other than in the exercise of your rights under these terms or applicable law, interfere with the our quiet possession of the Laptop.

    2.3 You agree that we rent out the Laptop to you and we will deliver the Laptop to you and collect the Laptop from you in accordance with these terms and as per the contract.

    2.4 You will do nothing to cause us to breach a Customer Contract. In the event that a Customer/another person damages the laptop, a customer shall inform us without delay. The Customer shall be responsible for any related costs in the event and such costs to be paid to IT EquipRentals by you within 12 days of the date of our invoice.

    2.5 In performing your obligations under a Contract, you will comply with all applicable laws, statutes, regulations and codes.

    3. Rental Period

    3.1 The Rental Period starts on the Delivery Date and shall continue for the period stated in the Order Form unless:

    3.1.1 the Contract is terminated earlier in accordance with its terms; or

    3.1.2 Customer extend the Rental Period at any time on written notice to IT EquipRentals.

    4. Nature, Quality and Standards of the Laptop

    4.1 IT EquipRentals will at all times be responsible for ensuring the provision, nature, quality and standard of all Laptop supplied to Customer and in particular but without limitation will:

    4.1.1 ensure that the Laptop will conform with its specification, be of satisfactory quality and fit for any purpose held out by Customer;

    4.1.2 provide the Laptop, with the best care, skill and diligence in accordance with best practice in the Laptop rent industry, profession or trade; and

    4.1.3 provide the Laptop in an economic, efficient and safe manner free from any unreasonable and/or avoidable risk to any person’s health and well-being.

    5. Rental Payments

    5.1 The Rental Payments will be as set out in the Order Form.

    5.2 The Rental Payments will:

    5.2.1 include amounts in respect of VAT, which we will additionally be liable to pay at the prevailing rate, subject to the receipt of a valid VAT invoice; and

    5.2.2 include all related costs, including delivery.

    5.3 No extra charges shall be effective unless agreed in writing with us.

    5.4 IT EquipRentals may invoice you for the Rental Payments plus VAT at the prevailing rate (if applicable) at the end of the calendar month in which you have collected the Laptop in accordance with clause 6.6 or, for rents with a duration of more than one calendar month, at the end of each calendar month of rent. IT EquipRentals will ensure that an invoice includes the date of the order, the invoice number, order number, registration number, and any supporting documents.

    5.5 Customers will pay correctly rendered and undisputed invoices within the agreed days of the month of receipt of the invoice. Payment shall be made to the bank account nominated in writing by IT EquipRentals.

    5.6 If Customer fails to make any payment under these terms by the due date for payment, then the Customer will pay rates-per-day on the overdue amount.

    6. Delivery and Collection

    6.1 Delivery of the Laptop shall be made to the address specified by Customer in the Order Form or as otherwise notified. Customer only is permitted not any other third party to alter the Delivery Location or other delivery instructions without IT EquipRentals express consent, and always subject to clause 8.2.

    6.2 Delivery of the Laptop shall be completed on the completion of unloading/receiving the Laptop at the Delivery Location. IT EquipRentals ensure that operatives are properly trained to ensure safe delivery without causing harm or damage. Customer must not let others undertake the unloading or assist with the unloading/unwrapping the laptop. If you breach the provisions of this clause, you shall not hold us responsible in respect of any damage, loss or injury claims.

    6.3 IT EquipRentals will effect and complete delivery by the date and time agreed between you and us (the “Delivery Date”).

    6.4 Time shall be of the essence in respect of delivery and collection.

    6.5 IT EquipRentals will not deliver the laptop in instalments without our prior written consent. Where it is agreed that the laptop is to be delivered by instalments, it will be invoiced and paid for.

    6.6 IT EquipRentals will collect the Laptop from the Delivery Location at the end of the Rental Period and in accordance with instructions provided.

    7. Remedies

    7.1 If the Laptop is not delivered on the Collection Date, or does not comply with these terms, then, without limiting any of our other rights or remedies, and whether or not the Customer has delivered the Laptop, we may exercise any one or more of the following remedies:

    7.1.1 terminate the Contract;

    7.1.2 you will deliver it at your own expense and during the course of the period you charged rate-per-day.

    7.1.3 require you to return or pay for Laptop forthwith to provide a replacement of the Laptop;

    7.1.4 claim damages for any other costs, loss or incurred by Customer which are in any way attributable to IT EquipRentals failure to carry out our obligations under these terms, including any costs and charges against by Customer.

    7.2 Clause 7.1 shall also apply to any repaired or replacement Laptop supplied by Customer.

    7.3 Our rights and remedies under this clause 7 are in addition to its rights and remedies implied by statute and common law.

    8. Title, Risk, Insurance and Damage

    8.1 The Laptop shall at all times remain IT EquipRentals property, unless the Customer is interested in buying the Laptop.

    8.2 The risk of loss, theft, damage or destruction of the Laptop shall pass to the Customer on completion of Delivery, provided that IT EquipRentals can show evidence of acceptance of delivery by an authorised signatory (being a person at the Delivery Location who is authorised to accept delivery and provides suitable identification).

    8.3 Inspection of the Laptop shall be in the manner as prescribed on Clause 4 and 9 of the Master Rental Agreement duly entered into between the parties.

    9. Indemnity

    9.1 You shall indemnify IT EquipRentals for all liabilities, costs, expenses, damages and losses (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Customer as a result of or in connection with:

    9.1.1 any claim made against by Customer (including a third party) damage to property arising out of or in connection with the Laptop;

    9.1.2 any compensation to a Customer, to the extent that such claim arises out of the breach, negligent performance or failure in performance by IT EquipRentals, employees or subcontractors;

    9.1.3 any claim made against us by a third party (including a Customer) arising out of or in connection with the supply of the Laptop, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance by you, your employees, agents or subcontractors; and

    9.1.4 any claim made or any action taken against us or fines imposed on us or any reputational damage we suffer arising directly or indirectly through your breach of clause 12.

    9.2 This clause 9 shall survive termination of the Contract.

    10. Liability
    Our maximum aggregate liability for breach of a Contract, whether arising in contract, tort (including negligence), and misrepresentation or otherwise, shall in no circumstances exceed the net book value of the laptop concerned.

    11. Termination
    Obligations between the parties arising from these terms and conditions shall terminate in the exact manner as provided for in the Master Rental Agreement. The provisions of termination in the Master Rental Agreement are incorporated herein as if specifically included in this clause.

    12. Confidential Information

    12.1 Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 12.2.

    12.2 Each party may disclose the other party’s confidential information:

    12.2.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and

    12.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority or applicable stock exchange rules.

    12.3 No party shall use any other party’s confidential information for any purpose other than to perform its obligations under these terms.

    13. Data Protection

    13.1 For the purposes of this clause 13, "Personal Data" shall have the meaning given to it in the the Protection of Personal Information Act 4 of 2013 (“the Act”) and/or relevant South African Legislation.  

13.2 IT EquipRentals will use any Personal Data provided to us by Customer ("Customer Personal Data") only for the purposes of the delivery of the Laptop to the Customer and shall not use it for any other purpose.

13.3 You will comply with the Act and/or relevant Legislation at all times when processing Customer Personal Data.

 
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14. Variation
No variation of these terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

​​​15. Third Party Rights
No one other than a party to the Contract shall have any right to enforce any of its terms.

16. Notices

Any notice or other communication given to a party under or in connection with these terms  shall be received or deemed to be received if delivered in the manner as prescribed on the Master Rental Agreement duly entered into by the parties.

18. Credit Approval: All orders are subject to credit approval and signing of a Master Rental Agreement.

Business to Business: Certain laptops displayed on this site may be available to registered companies only. Complaints: If you believe that your intellectual property or other rights are being infringed by the itequiprentals.co.za/webmail, or if you are dissatisfied with itequiprentals.co.za or any aspect of our service, in the first instance please contact info@itequiprentals.co.za or on 083 412 6009