Rental Application - East Rand Containers

Shipping Container Rentals

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Kindly complete the below rental application below and one of our representatives will help you process your order.

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Lessor

The Lessor East Rand Containers (Pty) Ltd and its representatives hereby accept the application for a rental agreement submission to be processed. The company's representative / rental agent will submit and provide in writing the outcome based on the documentation criteria submitted, due diligence and approval by management.

The company reserves the right to revise pricing annually in line with inflation regardless of the contract age and will notify the lessee with one months notice to accept or decline.

Lessor Name: East Rand Containers (Pty) Ltd
Phone Number: +27 11 740 6583
Email: sales@eastrandcontainers.co.za
Address: 30a Muriel Brand Street, Brenthurst, Brakpan, 1541

Lessee Company Details

Please complete the below fields for the Company information that will be responsible for the lease agreement, payments and compliance in the sections to follow.

Fill all fields accurately as this will be used for the lease approval.

Name *

First

Last

Company Registered Name

Reg Number:

Company CK Registration Number

Address

Address Line 1

Address Line 2

City

State / Province / Region

Postal Code

Country

Landline Number

Mobile Number

Your Email *

Accounts Email *

VAT Registration Number

Placement Area *

Estimated Lease Period

Selected Value: 1

CICP Registration Document Copy

Click or drag a file to this area to upload.

Shareholder ID Copy

Click or drag files to this area to upload. You can upload up to 6 files.

Proof of Physical Address (POR)

Click or drag a file to this area to upload.

Please note this must not be older than 3 Months and must reflect the full company address of the applicant.

1. RENTAL SCOPE OF AGREEMENT

The Lessor leases to the Lessee who hires the shipping container as set out in the Schedule for the rental amount and for the period as set out in the quotation / rental agreement. The terms and conditions set out herein shall apply to all shipping container rentals between the Lessor and the Lessee.

2. OWNERSHIP

2.1. The Lessor (East Rand Containers) remains the owner of the shipping container unless purchased outright by the Lessee.

2.2. The Lessee shall not allow the shipping container to accede to any premises and waives any rights flowing from such accession.

3. ACCEPTANCE OF THE SHIPPING CONTAINERS

3.1. The Lessee has selected the shipping container and its configuration.

3.2. The Lessor makes no representation as to the fitness of the shipping container for any purpose whatsoever.

4. DELIVERY

4.1. Delivery takes place when the containers are delivered by the carrier nominated by the Lessor to the delivery address and site nominated by the Lessee.

4.2. The Lessee shall ensure that the carrier shall have easy access to such sites.

4.3. The Lessee warrants that the nominated site has been prepared to accept delivery of the containers and shall at its own expense prepare the site in advance of the delivery. Should the Lessee fail in its obligation, the carrier shall be entitled to effect delivery of the container at any place on the delivery address and site.

4.4. In the event of the Lessee relocating the container on the Lessee`s site or any other location, the Lessor shall be notified immediately in writing prior to the relocation with confirmation of the physical address and site of the proposed relocation. The Lessor shall not be liable for any loss or damage whatsoever resulting from such relocation.

4.5. The Lessee shall have no claim against the Lessor for late delivery.

5. RE-DELIVERY

6. RENTAL AND OTHER CHARGES

6.1. The Lessee shall pay the monthly rental as set out in the schedule before or on the first day of the month, free of deduction, set off, exchange or commission, by way of EFT into a bank account nominated by the Lessor.

6.2. In addition to the monthly rental, the Lessee shall pay all transport and handling charges as set out in the schedule, similarly in accordance with the provisions of this clause. Return Transport is charged in the final month of rental and is payable prior to collection.

6.3. All amounts payable exclude VAT.

6.4. Should the Lessee pay any amount late, such amount shall attract interest at the prime rate charged by the Lessor’s bankers plus two percentage points from due date to date of payment.

7. DEPOSIT

7.1. On the signature date, the Lessee shall pay to the Lessor the first months rental and delivery charges as per the Sales Order submitted to the Lessee and rental deposit if required based on the risk profile and application approval.

7.2. The Lessee shall be entitled to retain this deposit until all amounts due by the Lessee have been paid and shall further be entitled to set off any unpaid amounts against such deposit.

8. RISK

8.1. The risk in and to the shipping container shall pass to the Lessee on delivery.

8.2. The risk in and to the shipping container will only revert to the Lessor once it has inspected the shipping container on re-delivery and advised the Lessee that it is satisfied with the condition of the shipping container.

9. INSURANCE

9.1. The Lessee shall ensure the shipping container with a reputable insurance company for an amount equal to the unit replacement value as reflected in the schedule and shall maintain such insurance for the duration of this Agreement.

9.2 In the event of loss, damage beyond repair, or theft, the full value of the asset will be invoiced to the Lessee and payable within 30 days from date of invoice.

10. USE OF THE SHIPPING CONTAINER

10.1. The Lessee shall only use the shipping container for the purpose stated in the schedule.

10.2. The Lessor makes no representation and gives no warranty that the shipping containers are fit for the purpose for which they will be used.

10.3. The Lessee shall, at its cost, maintain the shipping container during the period of the lease.

11. INDEMNITY

11.1. The Lessee indemnifies the Lessor against any claim of whatsoever nature arising from the use of the shipping container by the Lessee save for any loss, damage, death or injury arising as a direct result of the negligent acts or omissions of the Lessor or any person for whom the Lessor is vicariously liable at law.

11.2. The Lessee shall forthwith on demand from the Lessor pay any such claim.

11.3. Notwithstanding any provisions in this Agreement to the contrary, Lessee shall only be liable for loss or damage which arises as a direct result of the negligence or willful misconduct of Lessee or any person for whom Lessee is vicariously liable at law.

11.4. Lessee shall not be liable for any indirect, special or consequential loss or damage however arising including, without limitation of the aforementioned, loss of profits and loss of income.

11.5. Notwithstanding the aforementioned provisions, Lessee’s liability in any event shall be limited to a cumulative maximum of R5,000,000.00 (Five Million Rand).

12. NOTIFICATION TO OWNER OF PREMISES

The Lessee shall, prior to delivery of the shipping container, advise the owner of the premises of the Lessor’s ownership of the shipping container and shall provide proof of such notification to the Lessor.

13. DEFAULT

13.1. Should the Lessee at any time during the period of this Agreement:

13.1.1. Fail to pay, on due date, any sums whether rental or other amounts due in terms of this Agreement, or

13.1.2. Fail to comply with the performance of any other obligation in terms of this Agreement and remain in default for a period of seven days after receipt of written notice calling upon the Lessee to rectify such default.

13.2. All amounts not paid by the Lessee on due date shall bear interest at the prime rate calculated from the due date until date of receipt of payment.

13.1.3.Then and in such event the Lessor shall be entitled, without prejudice to any other remedy and / or right which the Lessor may have, including the rights to claim damages:

13.1.4.To claim immediate payment of all amounts then due and payable in terms of this Agreement, or

13.1.5.To cancel this Agreement, obtain possession of the shipping container, and proceed for the recovery of any damages that the Lessor may have suffered as a result of, or in consequence of the lessee’s breach of this Agreement.

14. JURISDICTION AND COSTS

14.1. The Lessee hereby agrees that in the event of any legal proceedings arising out of, or in connection with this agreement, that the Lessor shall have the right to institute such proceedings either in any provincial or local division of the High Court of South Africa, notwithstanding the fact that such Court may not have jurisdiction over the Lessee’s person, or in any Magistrate’s Court in South Africa having jurisdiction in respect of the Lessor’s person, notwithstanding that the claim or value of the matter in dispute may exceed the jurisdiction of such Court.

14.2. The Lessor shall have the sole discretion to choose in which division of the High Court, or in which Magistrate’s Court proceedings shall be instituted, and the Lessee agrees to submit itself to the jurisdiction of the Court chosen by the Lessor.

14.3. The Lessee shall pay all costs incurred by the lessor in recovering the shipping container, or arising from any breach of this Agreement by the Lessee including, without limitation of the aforegoing, all costs of transportation, storage, reasonable refurbishing of the shipping container for purposes of re- leasing, sale or valuation, as well as legal costs on the scale as between attorney and own client.

15. DOMICILIA AND NOTICES

15.1. For all purposes arising out of, or in respect of this Agreement, each of the parties chooses its Domicilium et executandi at its address specified in the schedule.

15.2. Either party shall be entitled to change its address for the purposes of this clause by giving notice to that effect, delivered by hand or dispatched by registered mail, or by fax to the other party.

15.3. Any notice addressed by prepaid registered post to the Domicilium of the addressee thereof shall be deemed to have been received by the said addressee on the third day after the date of postage thereof and, where delivered by hand, on the date of delivery, and where transmitted by fax, within six hours of transmission on any business day.

15.4. If any payments are remitted through the post by the Lessee, then the post office shall be deemed to be the Lessee’s agent.

16. BRIBERY AND ANTI-CORRUPTION

16.1. Each Party warrants to the other that it shall comply with all applicable laws, statutes, regulations and codes relating to anti- bribery and anti-corruption.

16.2. Each Party further warrants that neither such Party nor any affiliated person to such Party have, to the best of such Party’s knowledge, corruptly done any act in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, offer, gift, promise to give, or of anything of value directly or indirectly to any person, government official, political party, party official, or any candidate for political office, for purposes of:

16.2.1. influencing any act or decision of such person, government official, political party, party official, or candidate in his or its official capacity;

16.2.2. inducing such person, government official, political party, party official, or candidate to do or omit to do any act in violation of his or its lawful duty;

16.2.3. securing any improper advantage; or

16.2.4. inducing such person, government official, political party, party official, or candidate to use his or its influence with a government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality,

16.2.5. assisting the other Party or facilitating any transaction which may be related to this transaction in obtaining or retaining business for or with, or directing business to the other Party.

16.3. Breach of the aforementioned warranties by a Party shall entitle the other Party to immediately cancel this Agreement and claim such damages to which it may be entitled in law.

17. NON-VARIATION/INDULGENCE:

17.1. This Agreement constitutes the whole Agreement between the parties and no oral additions, variations or alterations shall be of any force or effect unless reduced to writing and signed by both parties.

17.2. No relaxation or indulgence granted by the Lessor to the Lessee shall in any way affect the Lessor’s rights whether in terms of this Agreement or otherwise, not be construed as being a waiver or novation thereof.

18. Breach

18.1.1. In the event of either party being in breach of any terms of this agreement and failing to remedy such breach within a period of ten days after receipt by it of a written notice requiring such breach to be remedied, the party aggrieved thereby shall be entitled without prejudice to any other rights which it may have in terms of this agreement or at law, to

18.1.2. Claim specific performance of the terms of this agreement as well as damages which it may have suffered;

18.1.3. Cancel this agreement and claim and recover damages, or;

18.1.4. Keep this agreement in force and recover such damages as it may have suffered as a result of such breach.

19. LIMITATION OF LIABILITY

In the event that the lessee has claims against the Lessor whether arising from any breach of this Agreement by the Lessor, or whether arising from any negligence on the part of the Lessor, its employees or agents, or from whatsoever cause arising, the Lessor shall not be responsible or liable for consequential damages or loss, and the claims of the Lessee shall be limited to an amount not exceeding the rental paid by the Lessee to the Lessor prior to the date of the claim arising.

Sign-Off and Acknowledgement of Agreement

Client / Representative Acknowledgement