Terms & Conditions for Rentals & Purchases:
The User is also known as the client/purchaser.
The Lessor is known as Sellor CoffeeBreak Vending (Pty) Ltd and or as its subsidiary De Sa Investment Trust & De Sa Business Trust.
- The Lessor hereby lets to the User who hereby hires equipment (hereinafter referred to as the “Unit/s”), as set out in Section A.
- The Unit/s will be supplied to, and installed at, the User’s installation address, as specified in Section C, subject to the terms and conditions contained in this Agreement.
- This Agreement shall, in respect of each particular Unit, commence on the commencement date specified in Section B and shall remain in force for the minimum period specified in that section. Thereafter the Agreement will continue indefinitely subject to either party’s right to terminate the Agreement by giving the other party three (3) months written notice.
- The Unit/s shall at all times remain the property of the Lessor and shall accordingly be exempt from any attachment by, pledge to, undertaking or transfer to, any third party under which the Unit/s is purportedly bound under an obligation or contact. The User undertakes to, within three (3) days of signature hereof, in writing, informs the Landlord of the premises where the Unit will be installed, that the Unit/s is/are the property of the Company and is not subject to the Landlord’s lien. The User shall ensure that the aforementioned correspondence is countersigned by the Landlord in duplicate, and the Company is furnished with one (1) original within two (2) days of signature. Delivery and/or installation of Units shall not take place until the aforementioned countersigned correspondence is received by the Company.
- The Unit/s shall remain installed at the installation address at all times, unless the Lessor agrees in writing to re-installation at an alternative address.
- All risks of loss or damage to the Unit/s, arising from any cause whatsoever, shall pass to, and vest in, the User upon physical delivery of the Unit/s to the User.
- The Lessor shall not be responsible for any damage, whether consequential or otherwise, sustained by the User or any other person, caused by the Unit/s, or the operation thereof, either directly or indirectly, and the User accordingly indemnifies the Lessor against, and shall hold the Lessor harmless from, any such claim instituted against the Lessor.
- The User agrees to pay the rental/s as set out in Section A, monthly in advance, no later than the last business day of the month preceding the month for which payment is made.
- The User shall not be entitled to withhold payment of any amounts due in terms of this Agreement for any reason whatsoever. In the event of any dispute between the parties, the User shall nevertheless be obliged to continue making payment of the monthly amounts due in terms of clause 8 of this Agreement pending the determination of such dispute.
- Notwithstanding clause 12, should the User fail to pay any amounts due in terms of this Agreement, to should the User breach any term or condition of this Agreement, and fail to remedy such breach within 30 (thirty) days of receipt of a notice calling upon the User to remedy such breach, the Lessor shall be entitled to , without prejudice to any other rights or remedies it may have to: terminate this Agreement, treat as immediately due and payable an amount which shall not be more than fifty percent (50%) of the difference in value between the stipulated minimum quantity of products and the actual value of purchases from the Company and/or the Appointed Distributor during the contract period, all instalments which would otherwise become due and payable in terms hereof during the period of hire, as well as all rentals and other sums then in arrears in terms of the agreement.
- Upon termination of the Agreement, the Unit/s shall be returned to the Lessor in good order and repair excluding fair wear and tear only. Any costs that the Lessor might have to incur in order to restore the Unit/s to good order shall be for the account of the User.
- During the duration of this Rental Agreement, the User:
12.1 Shall, if the Unit/s are not to be kept or the Users physical address of the User’s is reflected on page 1 Section C forthwith notify the supplier in writing of the address of the premises in or upon which the Unit/s will be kept;
12.2 Acknowledge that the goods are movable property and that they shall so remain notwithstanding the means used to install them in any place or premises;
12.3 Shall forthwith, and in the event that the premises where the Unit/s is to be kept or utilized be rented, notify the landlord of the supplier’s reservation of ownership in the Unit/s;
12.4 Shall not, without the prior written consent of the Lessor remove the Unit/s beyond the borders of Bloemfontein as territorially constituted on the date of delivery of the goods.
12.5 The User shall provide the Lessor within a reasonable time with a written acknowledgement from the landlord to whom such notice as set out in 15 may have been given.
- The User agrees and undertakes to:
- Provide and supplies the necessary fittings and services which may be required for the installation and operation of the Unit/s.
- Maintain the Unit/s in good and proper repair and working order and in a clean and hygienic condition.
- Allow and provide the Lessor’s agents or employees’ reasonable access for the inspection & servicing of the Unit/s from time to time.
- Advise the Landlord of the building in which the Unit/s will be installed of the Lessor’s rights in the Unit’s.
- Keep possession and control of the Unit’s and ensure that the Unit/s shall remain from any lien or attachment and shall not attempt or purport to sell, lend, pledge, transfer or part with possession of the Unit/s or of any rights or obligations in terms of this Agreement.
- Comply with the instruction and recommendations of the Lessor in the use, care and repair of the Unit/s.
- Not affix or use in relation to the Unit/s any parts, accessories or extras except such as are supplied by the Lessor.
- Not remove, deface or cover up logos, point of sale material or recommended selling prices placed upon the Unit/s by the Lessor.
- Not serve or repair the Unit/s or cause the Unit/s to be serviced or repaired otherwise by a duly authorized repairer as approved by the Lessor.
- Notify the Lessor immediately of any faults in the Unit/s which needs to be repaired, which the Lessor undertakes to repair within a reasonable period of time and at its own expense. Repairs exclude prescribed cleaning routines which are to be performed by the User on a regular basis.
- The Lessor shall be entitled to assume that the Unit/s will at all material times are insured by the User against theft, fire and damages for such an amount as will be required by the Lessor for the time being usual in respect of similar Unit/s.
- If the User, as defined , is a partnership, association or closed corporation, the Company shall have the right, at its own discretion, to recover any amounts due to it by the User, or to take whatever action is necessary, by legal process or otherwise, from or against any partner, or member of the association or Close Corporation and I the client/user bind themself personally to the Lessor as surety and co-principal debtor in solarium with the User/Client for the due and punctual payment to the Lessor of all rental amounts owing by the User/Client.
- All prices no VAT charged
- Quotation valid for 14 days, prices may increase anytime due to dollar/rand exchange.
- The Filter Cartridge is mandatory for each Unit & replacement cost at User expense every 12-24 months depending on volumes.
- Copy of User “Municipal Invoice”, “ID” (FICA) & “Signed Rental Agreement” must be email to firstname.lastname@example.org
- Used Machines 3 Months Guarantee, New Machines 1 year Guarantee, this excludes damages occured by user/operator damage.
- Machines, Equipment, Consumables and any other item we courier to client, will not be insured by CoffeeBreak Vending from day its handed over to courier, client need to have such items insured.
- Lessors that have financed the said equipment through the finance houses will fall within their rules and regulations, once they settle the finance house for sum financed, the lessor will take ownership of said equipment as per finance house terms.