Master Rental Agreement
Terms and Conditions
This Rental agreement falls outside the ambit of the National Credit Act No 34 of 2005
User hereby hires from the Hirer, which hereby rents from the commencement date, subject to the terms and conditions
set out herein and in the schedule/s which is/are or may, from time to time, be annexed hereto, the goods described in
the schedule/s for the rentals payable as set out in the schedule. The conditions of this master agreement shall apply
equally to each and every schedule which the parties may enter into and the goods described in each such schedule
shall be rented according to the conditions of this master agreement as if the conditions of this agreement were
incorporated in each and every such schedule. The conclusion by the parties of each schedule shall create a separate
and independent agreement in respect of the goods described in such schedule. Notwithstanding the provisions hereof
the first rental for the period from the Commencement Date until the first common due date (the broken period) shall
be calculated by the formula A = BxC/30 where A = Rental including VAT. B = Agreed monthly rental (incl. Vat. C = No.
of days in broken period.
Ownership of the goods shall vest in the Hirer and nothing in this agreement shall be construed as conferring on the User
or any other person on its behalf any right, title or interest in the goods other than as User. The User shall not acquire
ownership on the deliver or during or after the termination of this agreement.
3. JOINT LIABILITY
If two or more Users sign this agreement, their liability shall be joint and several for the whole. If this agreement is not
signed by all persons named as Users or by all partners of User (if a partnership) this agreement shall nonetheless be
and remain binding on Users who have signed this agreement or on User being a partnership (as the case may be).
4. WARRANTIES, GUARANTEES AND DECLARATIONS
4.1 The User warrants, such warranties being material and going to the root of this agreement, that all information
supplied to the Hirer by the User or anyone on its behalf concerning the User’s business in whatever form, is true and
correct in all material aspects, in particular, all information so supplied to the Hirer during its investigation prior to the
commencement date including balance sheets, income statements, cash flows, profit forecasts and other financial
statements or accounts, the User further warrants that all such information as may be presented to the Hirer will be true
at the relevant time, and will remain true and correct in every material aspect.
4.2 All warranties implied by the common law are expressly excluded.
4.3 The goods have been acquired by the Hirer at User’s request and solely for the purpose of renting the goods to User.
The goods and the supplier have been selected by User who has also negotiated the specifications, warranties and
guarantees required by it with the supplier. Hirer makes no warranties or representations whatsoever whether expressed
or implied to User as to the condition of the goods for any purpose whatsoever and goods are rented as is by User.
5. DELIVERY AND ACCEPTANCE
5.1 Signature by User of the acceptance certificate shall be deemed to be an acknowledgment that User has inspected
and approved the goods and that same are in every way satisfactory to User.
5.2 User shall, at its own cost, procure and take delivery of the goods. The User shall accept the goods on Hirer’s behalf
so that ownership of the goods shall pass to Hirer and shall hold the goods on behalf of the Hirer for the duration of
5.3 User shall be deemed to accept the goods on behalf of the Hirer when the goods are delivered by the supplier to
the User and User acknowledges that the goods are delivered by the supplier thereof to the User acting as receiving
agent on behalf of Hirer.
5.4 User shall have no claim against the Hirer not shall User be entitled to cancel this agreement if after having signed
the schedule and acceptance certificate it subsequently transpires that the goods or any part thereof are for any reason
unacceptable to User.
5.5 YOU REPRESENT AND WARRANT THAT YOUR TURNOVER OR NET ASSET VALUE EXCEEDS THE SUM OF R2
MILLION (TWO MILLION RAND) AS DEFINED AND CALCULATED IN TERMS OF THE GOVERNMENT GAZETTE NO
34181 OF 01 APRIL 2011.
It is recorded that this agreement applies only to the hiring of the goods and that the rentals stipulated in the schedule
do not include any payment in respect of maintenance. The parties specifically agree that any maintenance agreement
in respect of the goods is a separate and distinct agreement from this agreement and the renewal or cancellation of such
maintenance agreement shall not affect the terms of this agreement. User shall not be entitled to withhold compliance
with its obligations under this agreement because of any dispute in relation to the maintenance agreement and/or
because of any nonperformance in terms of the maintenance agreement.
7. VARIATION IN RENTALS
7.1 For all purposes of this agreement, prime shall mean the publicly quoted basic rate of interest per annum at which
Hirer’s or it’s cessionary/ies bankers will lend on overdraft, as certified by a manager of the said bankers, whose
appointment it shall not be necessary to prove.
7.2 The rentals payable in terms of this agreement and the schedule/s are based on prime. Should prime increase
during the term of this agreement, Hirer may at its discretion with effect from date of such increase, adjust the rentals
payable in terms of this agreement. This adjustment is in addition to the annual increase of the rentals as stipulated in
7.3 If so required by Hirer, User shall complete and deliver to Hirer a bankers debit order document in such form as Hirer
may require for purpose of payment of future rentals, and/or any other sums payable under this agreement. The debit
order shall not be construed or regarded as substituting, varying or novating Users obligations under the agreement.
Notwithstanding the a foregoing, Users signature hereto constitutes Users authority to Hirer or its cessionary/ies to draw
against Users bank account, wherever it may be, all amounts due in terms of this agreement..
7.4 In the event of any change in any law or regulation or in the interpretation thereof, resulting in an increase to Hirer in
any cost factor in providing or maintaining this agreement, Hirer shall be entitled to increase the rental payments by such
amount as necessary in order to recover such increased cost.
7.5 User acknowledges that in terms of Value Added Tax Act, value added tax (VAT) at the prevailing rate as at date of
signature hereto has been included in each rental. In the event of any change in the rate at which VAT is payable and/
or in the amount of VAT payable in respect of the rental payments, the rentals which fall due on or after the date of the
said change shall be recalculated accordingly and the said recalculated rentals shall substitute the rentals which were
calculated at the old rate.
7.6 Any dispute relating to any adjustment in terms of 7.2, 7.4 and 7.5 shall be referred to any partner or Hirer’s auditors
who shall act as an expert and whose decision will be final and binding on the parties hereto.
7.7 All payments and any other payments owing in terms of this agreement shall be made without demand and will not
be subject to any set-off or counterclaim and shall be made without deduction of any nature.
8.1 All risks, including the risk of destruction or loss of the goods shall pass to the User on signature of this agreement.
User shall Insure the goods for the duration of this agreement with a registered insurer and/or through an intermediary
both of User’s own choice, on a comprehensive basis for the replacement value plus VAT, under an insurance policy.
The User shall ensure that the Hirer’s interests are endorsed on the said policy/lies, and shall at all times complyith all
the terms and conditions of such policy/ies. User hereby cedes to the Hirer as security for its obligations under this
agreement all its right, title and interest in and to said policy/ies. In the event of the User failing to furnish the Hirer with
proof of such insurance or in the event of the policy/ies becomings of no force or effect for any reason whatsoever the
Hirer shall be entitle (but not obliged) to insure the goods and to reclaim the amount of such premiums and/or excesses
from the User upon demand.
8.2 User shall notify Hirer immediately in writing if the goods or any part thereof are lost, stolen or damaged and shall do
all that is necessary for the successful submission of a claim to the insurers.
8.3 If any of the goods, rented in terms of this agreement, are lost or stolen and not recovered within a period of 21
(twenty-one) days after such loss or theft or, in the Hirer’s sole discretion, are damaged beyond repair, this agreement
shall terminate forthwith in respect of such goods, provided that such goods may, at Hirer’s election, be replaced in
which event this agreement shall apply equally to such replacement goods.
8.4 On termination of this agreement in terms of 8.3 the User shall forthwith pay to the Hirer all rentals which would have
fallen due in terms of this agreement from the date of termination until the earliest possible date on which this agreement
could have terminated by notice, together with an / all other amounts due.
8.5 User is hereby given notice of its right to free choice in connection with its insurance obligations under this clause
8, in terms of Section 43 of the Short Term Insurance Act 53 of 1988. User represents and warrants that it has read,
and understood and is fully acquainted with the aforesaid provision. By signing this agreement, User acknowledges
that User has been given prior written notice of its entitlement to the freedom of choice referred to in the said Act and
that User was not subject to any coercion or inducement as to the manner in which it exercised that freedom of choice.
If User defaults in the punctual payment of any monies as it falls due in terms of this agreement; or fails to comply with
any of the terms and conditions of, or its obligations under this agreement; or commits any act of insolvency, or being
a natural person, assigns, surrenders or attempts to assign or surrender his estate; or allows a default judgement to
remain unsatisfied for a period of seven days or be refused recission within fourteen days of any default judgement, or is
sequestrated or placed under business rescue or wound up, whether provisionally or finally; or abandons the goods; or
compromises with any of its creditors or endeavours or attempts to do so; or makes any incorrect or untrue statement
or representations in connection with this agreement or User’s financial affairs or any particulars relevant thereto; or
breaches any warranty given in terms of this agreement; or does or allows to be done anything that might prejudice
Hirer’s rights, under this agreement, then and upon the occurrence of any of these events Hirer may elect without
prejudice to any of its rights to;
9.1 Immediately terminate this agreement, take possession of the goods, retain all amounts already paid by User and
claim all amounts which are in arrears at date of termination together with as pre-estimated liquidated damages, the
future rentals which would have fallen due in terms of this agreement from the date of termination until the end of the
period stipulated in the schedule on which this agreement could have terminated by notice, or;
9.2 Without terminating this agreement, claim immediate payment of all amounts which are due and/or all rentals which
would have fallen due in terms of this agreement until the earliest possible date on which this agreement could have
terminated by notice, all of which shall be immediately due and payable. The Hirer shall, pending payment of those
amounts, be entitled to be possessed of the goods and to retain possession thereof on condition that against such
full payment the Hirer shall return the goods or similar goods to the User who shall not be entitled to any rebate or
abatement of rentals of other amounts by reason of its loss of possession.
9.3 User shall pay the Hirer interest on any amounts owing in terms of clause 9.1 and 9.2 at 6%above the publicly
quoted prime interest rate of the Hirer’s bankers at the nominal annual rate compounded monthly. Said interest shall
accrue from due date for payment to date of payment receipt by Hirer.
9.4 Hirer may appropriate any payments made by or on behalf of User to any indebtedness of whatsoever nature of
User to Hirer.
10. CESSION OR ASSIGNMENT
10.1 Hirer/s may, without notice to User, assign and/or transfer all or any parts of its right, title and interest in and to
this agreement and/or ownership of the goods to any Person/s whatsoever and unless the context otherwise indicates,
any reference to Hirer in this agreement shall be deemed to include its cessionary/ies or delagee/ies.10.2 The Hirer
hereby cedes to the User who accepts cession thereof, all claims which the Hirer may have against the Suppliers of the
Goods and all components thereof and the suppliers of all services in connection therewith arising out of any express
or implied guarantee, warranty or undertaking as to the condition state or quality of the goods or any part thereof or as
to the fitness or suitability thereof for any purpose whatsoever or arising out of any latent or patent defect in the goods.
10.2.1 The cession in terms of 10.2 operates as a complete and absolute discharge of any liability of the Hirer to the User
in respect of any corresponding claim which is not excluded by this agreement.
10.2.2 Nothing contained in this agreement shall derogate from the User’s obligations in terms of this agreement
notwithstanding that it may have no right against the suppliers of the goods or components thereof or of services in
connection therewith in terms of any of the Hirer’s rights ceded to the User in terms of this agreement.
10.2.3 The Hirer makes no warranties or representations as to the validity or enforceability of any right it may have
against any of the suppliers.
10.2.4 The cession of rights against the suppliers in terms of this clause shall by its very nature itself terminate on
termination of this agreement and the rights hereby ceded shall by its very nature itself be deemed to have been receded
by the User to the Hirer.
A certificate signed by any manager of Hirer or its cessionary/ies (whose appointment need not be proved as to any
amount due and/or owing by User in terms of or arising out of this agreement shall be on the face of it proof of the
matters therein stated for all purposes.
12. RETURN OF GOODS ON TERMINATION BY NOTICE
12.1 User shall, on termination of this agreement by notice, return the goods together with all applicable documents to
Hirer at User’s cost and expense.
12.2 Upon the return of the goods, per 12.1, User shall have no further right or interest in the goods.
12.3 Notwithstanding the provisions of this agreement should User, in breach of its obligations, fail to return the goods
on termination of this agreement, then in addition to any other claims that Hirer may have against User pursuant thereto,
User shall be liable to continue to pay the rentals to Hirer as if the agreement had not been so terminated.
12.4 This agreement commences on the commencement date set out in the schedule and shall continue indefinitely
until terminated by either of the parties giving the other one calendar month’s written notice of termination, provided that,
no notice may be given to expire before the effluxion of the Initial Rental Period stipulated in the schedule.
13. USE OF THE GOODS
13.1 User shall at all times keep the goods in its possession and under its control and shall take reasonable care in
the use of goods. User shall at its own expense maintain the goods in proper working order and keep the goods free
from attachment, hypothetic, or other legal charge or process. User shall not sell, let, loan, pledge, transfer or otherwise
encumber or alienate the goods in any way or permit any lien to arise in respect of the goods, and shall not cede, assign
or delegate any of its rights or obligations in terms of this agreement. The goods shall be operated at User’s cost and
controlled only by properly trained, licensed and qualified persons. User shall comply with the specification, instructions
and recommendations of the manufacturer for the operation, service, maintenance and/or repair of the goods or any
13.2 User may not materially alter or modify the goods. Any part or accessory added to the goods shall become the
Hirer’s property without any compensation.
13.3 User shall at reasonable times permit the Hirer or its representative to inspect the goods.
13.4 User shall at its own expense apply for licenses, certificates, consents or exemptions that may be required for or in
connection with ownership or use of the goods.
13.5 User admits and agrees that the goods are movable and are installed with the purpose that the goods shall remain
movable and that they shall under no circumstances accede to any property.
13.6 User shall have the rights to upgrade the goods or any part thereof, subject to Hirer’s or its Cessionary/ies prior
written consent thereto.
13.7 The goods shall not, without the Hirer’s prior written consent, be moved from outside the boundaries of the
Republic of South Africa.
14. NOTIFICATION TO LANDLORD
The goods will be kept at the address stated on this agreement and User shall forthwith upon signature of this agreement
notify Hirer in writing the name and address of any other premises to which the goods are moved and of the name and
address of the owner of such premises. User shall also notify hirer immediately of any changes that may occur from
time to time in the leasehold or ownership of the premises upon which the goods may from time to time be installed
or kept. User is obliged to obtain the required permission for the installation of the goods on the premises referred to.
15. ENTIRE AGREEMENT
15.1 No relaxation or indulgence granted by the Hirer to User shall be regarded as a renunciation of any of the Hirer’s
rights and shall not in any way prevent the Hirer from enforcing such rights. This agreement is the entire and complete
agreement between the parties. No agreement differing from the terms and conditions of this agreement shall be of any
force or effect unless it is in writing and signed by the parties of this agreement.
15.2 Insofar as certain identification details are not known on the signature date the Hirer is authorised to complete
the schedule/s when such details become known and User agrees that details so completed shall be binding on User.
16. APPLICABLE LAW
This agreement shall in all respect be governed by and construed in accordance with the laws of the Republic of South
17. JURISDICTION AND COSTS
17.1 User consents to the jurisdiction of the magistrate’s court having jurisdiction over its person, irrespective of the
amount in dispute. Should Hirer choose to institute action in any other court, Hirer shall not be limited to recovering
costs on the magistrate’s court scale.
17.2 In the event of the Hirer instructing its attorneys to take steps to enforce any of its rights under this agreement,
User shall pay to the Hirer on demand such collection charges and other legal costs on an attorney and own client basis
which shall be lawfully charged by the attorneys.
The User chooses domicile for all purposes at User’s address as stated on this agreement. User may change its domicile
by written notice delivered by hand or sent by registered post to Hirer. Any notice delivered by hand or sent by registered
post to User’s domicile shall be deemed to have been received on date of delivery, if delivered by hand, or on the
seventh day of posting, if sent by registered post.
19. The User consents to the Hirer or its cessionary/ies making enquiries about the User’s credit record with any credit
reference agency and any other party to confirm the details on this application. The Hirer or its cessionary/ies may also
provide credit reference agencies with regular updates regarding how the User manages its account including their
failure to meet agreed terms and conditions. The User consents that credit reference agencies may, in turn, make the
records and details available to other credit grantors. The Hirer or its cessionary may also give this information to any
person, who, in its opinion, needs it to carry out any of the Hirer or its cessionary/ies rights or duties in terms of the
contract or any law pertaining to the products the User has requested.
20. Each term of this agreement is severable, one from the other, and if any term is found to be defective or unenforceable
for any reason by any competent court, then the remaining terms shall be of and continue with full force and effect.
GUARANTEE TERMS AND CONDITIONS
1. I/We the guarantor/s do hereby bind myself/ourselves jointly and severally for the whole as co-principal and for the
primary continuing obligation for the proper and punctual payment by the User to the Hirer or its cessionary/ies of all
amounts whatsoever due and owing arising out of or incidental to this agreement and the schedule/s thereto and all and
any other indebtedness to Hirer, whether actual or contingent, present or future and howsoever arising (the “Guaranteed
2. I/We agree as a separate, additional, primary and continuing obligation to indemnify Hirer or its cessionary/ies, from
time to time on first demand, from and against all and any loss or damage incurred by Hirer or its cessionaries as a result
of or pursuant to any of the Guaranteed Obligations being or becoming void, voidable, unenforceable or ineffective for
any reason whatsoever, whether or not known to Hirer or its cessionary/ies. The amount of such loss being the amount
which Hirer or its cessionary/ies would otherwise have been entitled to recover from the User in terms of this agreement
or the schedules thereto;
3. I/We undertake to pay the amounts referred in clause 1 and 2 above plus accrued unpaid interest (including any
default interest) in terms of this agreement and any other amounts owing to Hirer or its cessionary/ies in terms of this
agreement and any schedules thereto at a rate of 6 (six) percent per annum above the prevailing publicly quoted base
rate of interest per annum at which anyone of Hirer’s bankers will lend on overdraft (“prime”).
4. I/We acknowledge having received a copy of the afore written agreement and the schedules hereto and confirm I/
we are aware of the terms thereof;
5. I/We shall promptly provide Hirer or its cessionary/ies with such information which is in my/our possession concerning
me/us as Hirer or its cessionary/ies may from time to time reasonably require;
6. I/We shall ensure that my/our liabilities under this Guarantee will rank at least equally in point of priority and security
with all such other present or future debts (both actual and contingent) which are secured to the same extent as such
7. I/We renounce the benefits of exclusion, division and cession of action, the nature and extent of which I/we
acknowledge myself/ourselves to be aware;
8. No extension of time or indulgence that may be granted to User in the afore written agreement at any time, nor any
release of any other security or guarantee shall in any way affect my/our liability hereunder;
9. I/We consent to the jurisdiction of the Magistrate’s Court provided Hirer shall be entitled to institute action in any
division of the High Court of South Africa jurisdiction;
10. I/We agree to make payment of any legal costs that may be awarded against me/us on an attorney and own client
11. I/We choose as my/our domicile for all purposes arising out of this guarantee, the address/es as set out below;
12. I/We indemnify and hold Hirer and its cessionary/ies in the event of a cession harmless against any claim arising out
of or incidental to the afore written agreement, to its breach or its termination for any reason whatsoever;
13. I/We warrant and represent that I/we have received and will continue to receive adequate value for the granting of
14. I/We agree that where it is contemplated that more or one person will sign as guarantor, I or any of us who may have
signed as Guarantor shall be bound in jointly and severally for the whole, irrespective of whether or not the other or
others referred to will have executed this document or become bound in terms hereof.
15. We agree that no termination, cancellation, limitation or variation of my/our obligations in terms of this guarantee
shall be of any force or effect unless it is in writing and signed by Hirer or its cessionary/ies, in the event of a cession in
terms of the afore written agreement;
16. The terms of clauses 11, and 19 of the afore written agreement shall apply to this guarantee.
PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013
1. The User confirms having agreed on behalf of itself and its directors, shareholders, members and associates that
Hirer is entitled at any time to communicate with any person or persons to obtain or provide any information relating to
their payment behaviour, creditworthiness or defaults, and that such information may be disclosed to any other person.
2. The User acknowledges and expressly consents that the Hirer may;
2.1 generally make whatever enquiries Seller deems necessary from any source whatsoever;
2.2 seek information from any credit bureau when assessing User’s application;
2.3 process the User’s personal information with the purpose pf concluding this agreement and providing the services
2.4 process and disclose the User’s personal information for purposes of the prevention, detection and reporting of
fraud and criminal activities, identification of the proceeds of unlawful activities and the combating of money laundering
2.5 utilise automated decision processes to facilitate the generation of credit score cards for the purposes of
determining the creditworthiness of the User and retain and utilise records of information pertinent to the Purchaser’s
2.6 process and report on the User’s personal information to comply with any applicable law; or
2.7 provide the User’s personal information to the Hirer’s subsidiaries and associated entities for purposes of marketing
and referring potential business opportunities within the Hirer’s associated group of companies.
3. The User has the right to access the personal information relating to the User which has been processed by the
Hirer during business hours within a reasonable time after providing the Hirer with prior written request for such access.
Master Rental Agreement
KMG Office Supplies (Pty) Ltd t/a Konica Minolta Gauteng (Registration no. 2006/032842/07
Authorised Dealer Reg 2006/032842/07, VAT 4410234258
3 Suttie Avenue, Halfway House, Midrand