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1. VEHICLE RENTAL AGREEMENT between
PMR Automotive (Proprietary) Limited T/A Executive Mobility Financial Solutions Registration Number: 2013/040952/07 (“Rentor”)
24, Seventh Avenue, Parktown North, Johannesburg, South Africa 2193
AND
________________________________________________________________________________________________________(“the Rentee”)
Identity / Registration Number:_________________________________
Of _____________________________________________________________________________________________________
RENTAL DETAILS
Description of Vehicle (Make / Model):______________________________________________________________________________
Engine No._____________________________________ Chassis No._________________________________________
Year of Registration:______________________________ Registration No.______________________________________
1.1. DURATION OF RENTAL: __________ months expiring on the_______ day of ______________ (“Expiry Date”)
AMOUNT PAYABLE ON DELIVERY
1. First full month rental (inclusive of VAT) R________________
2. Administration and delivery fee R________________
3. Downpayment(s) R________________
4. Security deposit R________________
5. Key deposit R________________
6. Pro rata rental to end of First calendar month R________________
(Inclusive of VAT)
TOTAL R________________
The security and key deposit are refundable at the end of the rental period subject to the terms and conditions of the Rental Agreement
1.2. RENTAL:
The Base monthly rental payable for the Vehicle inclusive of
Damage and Loss Liability Waivers
R________________ Date of first debited payment
Additional Rental Benefits:
R________________ (second rental payment):
Value Added Tax:
R________________ __________________
TOTAL MONTHLY RENTAL: R________________
This rental is subject to fluctuations with the Prime Interest Rate: Yes____ No____
1.3. Rentee’s Liability for Excess of Damage and Loss Liability Waiver
______________________________________________
1.4. TRAVEL LIMITATION:
“The maximum distance the Rentee may travel in the Vehicle each month is _____________ km”.
TERMS AND CONDITIONS
2. DEFINITIONS AND INTERPRETATION:
2.1. In this Agreement :-
2.1.1. Clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of any of the provisions of this Agreement;
2.1.2. The parties shall, wherever necessary and appropriate, be referred to by their defined designations as in 2.2 below;
2.1.3. A reference to :-
2.1.3.1. one gender shall include the other gender;
2.1.3.2. the singular shall include the plural and vice versa;
2.1.3.3. a natural person shall include corporate or un-incorporate created entities and vice versa;
2.1.3.4. all of the schedules and/or annexures are incorporated herein and shall have the same force and effect as if they were set out in the body of this Agreement;
2.1.3.5. words and/or expressions defined in this Agreement shall bear the same meanings in any schedules and/or annexures hereto which do not contain their own
defined words and/or expressions;
2.1.3.6. where a period consisting of a number of days is prescribed, it shall be determined by excluding the first and including the last day;
2.1.3.7. where the day upon or by which any act is required to be performed is a Saturday, Sunday or public holiday in the Republic of South Africa, the parties shall be
deemed to have intending such act to be performed upon or by the first day thereafter which is not a Saturday, Sunday or a public holiday;
2.1.3.8. where an expression has been defined (whether in 2.2 below or elsewhere in this Agreement) and such definition contains a provision conferring rights or
imposing obligations on any party, effect shall be given to that provision as if it were a substantive provision contained in the body of this Agreement;
2.1.3.9. if figures are referred to in numbers and words, the words shall prevail in the event of any conflict between the two;
2.1.3.10. words and/or expressions defined in this Agreement shall, unless the application of such word and/or expression is specifically limited to that clause, bear the
meaning so assigned to it;
2.1.3.11. the contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the
party responsible for the drafting or preparation of such provision;
2.1.3.12. the eiusdem generis rule shall not apply, and whenever a provision is followed by the word “including” and specific examples, such examples shall not be
construed so as to limit the ambit of the provision concerned;
2.1.3.13. a reference to any statutory enactment shall be construed as a reference to that enactment as the signature date and as amending or re-enacted from time to
time thereafter;
2.1.3.14. unless specifically provided to the contrary, all amounts referred to in this Agreement are exclusive of value added tax;
2.1.3.15. the expiration or termination of this Agreement shall not affect such of its provisions as expressly provided that they will continue to apply after such expiration
or termination or which of necessity must continue to apply after such expiration or termination;
2.1.3.16. any communication which is required to be “in writing” shall include a communication which is written or produced by any substitute for writing or which is partly
written and partly so produced, and shall include printing, typewriting, lithography, facsimile or electronic mail or any form of electronic communication or other
process or partly one and partly another.
2.2. In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, with cognate expressions having corresponding meanings:–
2.2.1. “Agreement” or “ this Agreement” means this Vehicle Rental Agreement concluded between the Rentor and the Rentee;
2.2.2. “Base Rental” means the monthly rental payable for the use and enjoyment of the Vehicle, inclusive of limited Damage and Loss Liability Waivers, and the monthly
tracker and immobilizer fee but excluding the monthly rental payments for any Additional Rental Benefits .
2.2.3. “Delivery Date” means the date upon which the Rentee takes delivery of the Vehicle;
2.2.4. “Early Termination” means the termination of the Agreement for those reasons in paragraph 19;
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