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Available Payment Terms
A COD (Cash on Delivery) Account requires payment to be made
either before or upon receiving the equipment, which includes
a deposit. Once the initial payment has been used up, the
customer must either return the equipment or make additional
payment to continue using it, without using up the deposit that
was initially paid.
A Current Account is a credit account that allows customers to
hire the equipment on credit and make payments at a later date.
This option is ideal for customers who frequently hire and want
to streamline their payment process. A credit limit is assigned to
the account and the customer can hire equipment up to that limit.
Payment is due by the last day of the month in which the
equipment was hired. Late payment will incur interest charges.
A 30 Day Account requires payment for all invoices due by the 30
day of the following month after the invoices were raised.
For example, all invoices raised in July must be paid by the end of
August. Please note that payment must be made within the next
calendar month after the invoices were raised. This term is strictly
enforced.
If you wish to apply for a 30 Day Account please provide only 30 Day
Account references.
STANDARD CREDIT TERMS & CONDITIONS BETWEEN THE SUPPLIER AND THE CUSTOMER
1. If any amount is not paid within stipulated payment terms of the chosen account type's payment terms, the customer shall be liable for payment of interest at a rate of 2% monthly. Interest shall be calculated monthly in advance from date of default to date of payment received.
2. The customer consents to the jurisdiction of any Magistrates Court having jurisdiction by virtue of Section 28 of the Magistrates Court Act for the determination of any claim which the supplier may at any time have against the customer. Notwithstanding the foregoing, the supplier shall be entitled in its discretion to take proceedings to any other court of competent jurisdiction.
3. The customer nominates the address reflected in the application as its domicilium citandi et executandi for the service of all notices and processes in connection with any claim for any sum due to the supplier.
4. The supplier may withdraw credit facilities at any time without prior notice to the customer. The extent and nature of such facilities shall at all times be at the supplier's sole discretion.
5. An official document by either the supplier's management, secretary, member or accountant showing the amount due and owing by the customer to the supplier at any given time shall be sufficient prima facie proof of the facts therein stated for the purpose of all legal proceedings against the customer.
6. Each sale is subject to the condition that goods are sold "voetstoots" and without any warranties or representations beyond those provided by the supplier at purchase.
7. The supplier shall not be held responsible for any loss, damage or delay caused by any circumstances beyond the control of the customer.
8. Should the customer breach any term or condition of this agreement, the supplier shall, furthermore, be entitled to claim from the customer all costs and charges of an attorney and own client sale and collection commission incurred by the supplier in demanding or obtaining payment of any or all sums due by the customer.
9. It is an express condition that ownership of all goods sold on credit terms shall remain the property of the supplier and ownership therein shall only pass to the customer when payment of all amounts due and payable to the supplier have been settled in full. The risk however shall pass to the customer on the date of delivery of the goods.
10. The customer does further hereby consent to judgement being entered into against them in terms of Section 58 of Magistrates Court Act 21 of 1944 as amended, if payment of the amount stipulated in point five (5) above is not paid on demand at the domicilium citandi et executandi address chosen.
11. A collection fee of between 10-16% will be added to your statement for any account that is handed over for debt collection in order to cover recovery costs and legal fees.
12. The supplier reserves the right to request updated application forms and supporting documents from the customer at any point to ensure the accuracy and validity of their account information.
13. The customer consents to the supplier conducting a credit check on them and their registered business (for business accounts] before opening an account. The customer acknowledges and agrees to the collection and processing of personal information, including credit information from bureaus or other sources for any purpose including verifying their identity. The supplier will use this information to assess the customer's creditworthiness, determine account approval, and extend credit if applicable.
14. By signing this application form, the customer consents to the supplier registering the customer’s credit information with the relevant credit bureau(s) if the customer fails to make payment for any products or services provided to them. This information may be used by the credit bureau(s) to calculate the customer's credit score and may be shared with other credit providers. The customer acknowledges that failure to make payment may have a negative impact on their credit score and may affect their ability to obtain credit in the future.
I have read and understand the STANDARD CREDIT TERMS & CONDITIONS BETWEEN THE SUPPLIER AND THE CUSTOMER as defined above.
General Conditions of Hire
1. TERMS OF EQUIPMENT HIRE
(a) WENBRO HIRE (“the supplier”) hires the equipment (“the equipment”) to the customer described on the ‘Hire Agreement’ in terms of these General Conditions of Hire.
2. PERIOD
(a) The initial period for which the equipment is required by the customer shall be as stated.
(b) The hire period shall commence when the customer takes delivery of the equipment and, shall end when the supplier accepts receipt of the equipment.
(c) Hire contracts may be cancelled by the supplier at any time should payment not be received timeously or if no communication is successful or arrangement is made by the customer. Once the supplier has cancelled the hire contract, equipment is to be returned within 48 hours alternatively it will be deemed as stolen, and it will be reported to the South African Police Service and a criminal case will be opened against the customer.
3. EQUIPMENT IN GOOD ORDER AND REPAIR
(a) The equipment shall be deemed to be in good order and repair and fit for the purpose it is intended when delivered to the customer, unless the customer notifies the supplier of any defects immediately upon taking delivery.
(b) The supplier shall in its sole discretion, decide whether the equipment is defective or unfit for the purpose for which it is intended, and shall be entitled to either terminate the Hire Agreement and refund the deposit and any hire charges paid, or shall replace the defective equipment.
4. BREAKDOWN, REPAIRS & THEFT
(a) The customer shall immediately notify the supplier of any breakdown. The supplier shall be entitled to repair or replace the equipment at its own cost at the principal place of business unless the supplier, in its sole discretion determines that the breakdown is due to improper use or failure to service and maintain, in which event the customer shall on demand reimburse the supplier with all costs incurred as a result of the breakdown.
(b) The customer shall return the equipment in a clean state and in good order and repair, fair wear and tear accepted on the date as agreed on the Hire Agreement. In the event that the equipment is lost, destroyed, damaged or stolen as a result of any cause prior to the return thereof, the customer shall be liable for replacement cost thereof and hire charges shall continue until the customer has paid for the replacement of the lost equipment. The customer is liable for insurance of equipment hired. The supplier does not accept responsibility for insurance of equipment once it has left the company premises.
5. USE OF EQUIPMENT
(a) The customer shall use the equipment at their own risk and indemnifies the supplier against any claims of any nature brought against it by the customer’s employees, representatives or third parties arising out of use of the equipment while under the control of the customer in terms hereof and all costs and expenses incurred by the supplier in defending or settling such proceedings. The customer shall have no claim of any nature against the supplier for any loss suffered or damages sustained by the customer arising from any cause, including without limitation, the use of the equipment and provisions thereof.
(b) It is the customers, sole responsibility to ensure all necessary PPE is used by any person operating the equipment, as well as ensuring all safety mechanisms and precautions are in place and non-defective. The supplier will not take responsibility for any injury, damages or loss suffered as a result of failure to take the necessary precautions here mentioned.
(c) No time off/ off-hire will be given by word of mouth. Only communications via E-mail, WhatsApp or SMS that have been confirmed by management will be accepted in this regard.
6. NO WARRANTIES
(a) The supplier does not furnish any warranties nor make any representations other than those contained herein, and no warranties or representations shall be binding on the supplier unless such warranties or representations are reduced to writing and signed by a duly authorized representative of the supplier. The supplier does not undertake to furnish the customer with any technical advice, but should it do so, it does not warrant the correctness thereof.
7. ACCESS
(a) The customer shall at all times be fully responsible for the equipment prior to the return thereof and shall return it to the supplier at the expiry of the hire period stipulated on the Hire Agreement or upon cancellation of the Hire Agreement.
(b) The customer shall not allow the equipment to be attached, sold or pledged while in its possession.
(c) Ownership of the equipment shall always vest in the supplier.
8. BREACH
(a) Should the customer commit an act of insolvency, sequestration or be placed under liquidation, whether provisional or final, or be placed under judicial management, the supplier shall be entitled to terminate this agreement forthwith and enter any premises of the customer and retake possession of the equipment.
(b) In the event of the customer/surety being in default of payment of the account and the supplier decides to take legal action for the recovery thereof, the customer/surety undertakes to pay all legal costs on an attorney and client basis including collection commission and tracing costs, if necessary.
(c) In addition to any rights that the supplier has, the supplier reserves the right to report any default in payment to any credit bureau.
9. MISCELLANEOUS
(a) The provisions hereof shall govern the agreementual relationship between the supplier and the customer, and no other provisions, whether stipulated for by the customer in any order form or in any other manner or implied by law shall have any force or effect unless accepted by the supplier in writing.
(b) The customer consents to the jurisdiction of the Magistrates Court of the district on which the customer’s address shown above is situated in respect to any legal proceedings arising out of this agreement. The parties elect their respective domicilium citandi et executandi at the address on Page 1 above for service of process or for the purpose of giving notice.
I have read and understand the GENERAL CONDITIONS OF HIRE as defined above.
Account General Terms and Conditions
• On the 30th day of each month if the account has not been paid the account will be placed “On Hold” until payment has been received. No further equipment will be supplied to the customer.
• By the 6th day of the following month if the account has not been paid, the equipment on site will be collected and returned to Wenbro Hire, once the amount due has been paid the account is taken ‘Off Hold’ and the customer may resume hiring.
• Failing to pay an account that is 30 days overdue will result in a final demand being issued.
• Failing to respond with payment after a final demand has reached expiry, will result in the account being handed over to attorneys for debt collection and the customer shall be listed on ITC for default payment.
• Should a customer exceed their stipulated credit limit set above, the onus is on the customer to make payment to Wenbro Hire in order to bring their credit in line within seven (7) days.
• Failure to bring the credit in line will result in the account being placed “On Hold” and equipment will be collected.
• Please ensure if there are any concerns with regards to payments that you send all correspondence to accounts@wenbrohire.co.za.
• Ensuring the above correspondence is received will allow Wenbro Hire to assess the credit standing and make alternative arrangements with the customer.
• Any account handed over for debt collection will be subject to a penalty fee of between 10-16% for recovery costs.
• In the event of an account remaining dormant for a period of 1 year or more, it will be necessary for the customer to provide updated supporting documents and verify their contact details. Additionally, a new credit check will be conducted.
• In cases where an account remains dormant for a period exceeding 2 years, the customer will be required to submit new account application forms along with updated supporting documents. Furthermore, a comprehensive credit check will be performed, and we will initiate contact with the provided references.
• The supplier reserves the right to request updated application forms and supporting documents from the customer at any point to ensure the accuracy and validity of their account information.
I have read and understand the ACCOUNT GENERAL TERMS AND CONDITIONS as defined above.
