GENERAL CONDITIONS OF HIRE

1. HIRE OF EQUIPMENT:
   1. Topsaw Power hires to the applicant the equipment described on the hire agreement (“the agreement”) in terms of these General Conditions of Hire.
2. PERIOD:
   1. The initial period for which the equipment is hired shall be as stated on the agreement.
   2. The hire period shall commence when the applicant takes delivery of the equipment and shall end when Topsaw Power accepts return of the equipment.
3. EQUIPMENT IN GOOD ORDER AND REPAIR
   1. The equipment shall be deemed to be in good order and repair and fit for the purpose it is intended when delivered to the applicant, unless the applicant notifies Topsaw Power of any defects immediately on taking delivery.
   2. Topsaw Power 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 this agreement and refund the deposit and any hire charges paid, or shall replace the defective equipment.
4. BREAKDOWN AND REPAIRS
5. The applicant shall immediately notify Topsaw Power of any breakdown. Topsaw Power shall be entitled to repair or replace the equipment at its cost at Topsaw Powers principal place of business unless Topsaw Power in its sole discretion determines that the breakdown is due to improper use or failure to service and maintain, in which event the applicant shall on demand reimburse Topsaw Power with all costs as a result of the breakdown.
6. b) The applicant shall return the equipment in a clean state and in good order and repair, fair wear and tear excepted on the date as agreed in the agreement. In the event that the equipment is lost, destroyed or damaged as a result of any cause prior to the return thereof, the applicant shall be liable to make good replacement cost thereof and hire charges shall continue until the applicant has paid for or replaced the lost equipment. The applicant shall pay the catalogue price of such loss, damages, costs, expenses and charges incurred by Topsaw Power to repair or replace the goods by reason of any breach by the applicant of this condition
7. USE OF EQUIPMENT
   1. The applicant shall use the equipment at its own risk, and indemnifies Topsaw Power against any claims of any nature brought against it by the applicant’s employees or representatives or third parties arising out of use of the equipment while under the control of the applicant in terms hereof and all costs and expenses incurred by Topsaw Power in defending or setting such proceedings. The applicant shall have no claim of any nature against Topsaw Power for any loss suffered or damages sustained by the applicant arising from any cause, including, without limitation, the use of the equipment and provisions thereof.
   2. The applicant acknowledges that it is aware of the purpose for which the equipment was designed as well as the safety and maintenance procedures which are required in respect of the equipment
8. NO WARRANTIES
   1. Topsaw Power does not furnish any warranties nor make any representations other than those contained herein and no warranties or representations shall be binding on Topsaw Power unless such warranties or representations are reduced to writing and signed by a duly authorized representative of Topsaw Power. Topsaw Power does not undertake to furnish the applicant with any technical advice, but should it do so, it does not warrant the correctness thereof.
9. ACCESS
   1. The applicant shall at all times be fully responsible for the equipment prior to the return thereof, and shall return it to Topsaw Power at the expiry of the period or on cancellation of the agreement.
   2. The applicant shall not allow the equipment to be attached sold or pledged while in its possession.
   3. Ownership of the equipment shall always vest in Topsaw Power.
10. BREACH:

Should the applicant:

1. a) Commit an act of insolvency, or be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management, Topsaw Power shall be entitled to terminate this agreement forthwith and enter any premises of the applicant and retake possession of the equipment.
2. b) In the event of the applicant/surety being in default of payment of the account and Tosaw Power decides to take legal action for the recovery thereof, the applicant/surety undertakes to pay all costs on an attorney and client basis including collection commission and tracing agents costs, if necessary.
3. c) In addition to any rights that Topsaw Power has,Topsaw Power reserves the right to report any defaults in payment to any credit bureau

                                                                                                                                    INITIAL

9. MISCELLANEOUS
   1. The provisions hereof shall govern the agreement between Topsaw Power and the applicant and no other provisions whether stipulated by the applicant in any order form or in any other manner or implied by law shall have any force or effect unless accepted by Topsaw Power in writing.
   2. The applicant consents to the jurisdiction of the Magistrates Court of the district on which the applicants address shown above is situated in respect of any legal proceedings arising out of this agreement. The parties elect their respective domiciliumcitandietexecutandi at the address shown above for serving of process of giving notice.

OTHER

1. The applicant takes full responsibility for the hire contracts, delivery notes and invoices signed by the applicant’s workers. If the applicant only wants specific persons to sign the hire contract and return notes it is the applicant’s responsibility to inform Topsaw Power of such arrangement in writing.
2. The risk of damage or theft of equipment shall pass to the applicant on the moment of dispatch and the onus is on the applicant to comprehensively insure the equipment for replacement value including VAT until the equipment is returned.
3. The applicant agrees that the credit facility is a variable credit facility and that Topsaw Power shall be entitled to increase its credit limit from time to time and that in the event that the credit limit is breached, the applicant remains liable for the full amount.
4. Topsaw Power reserves the right to remove any equipment from the applicant’s site in the event of the account being overdue. The equipment need only be identified by distinguishing marks and not by serial numbers. The applicant shall have no claim against Topsaw Power for damages/losses by the removal of equipment from the applicant’s site.
5. The applicant gives Topsaw Power permission to perform a credit search on personal and company information provided in the application.
6. In the event of sales the ownership of the goods shall only transfer from Topsaw Power to the applicant/buyer after the outstanding amount due for the specific item has been paid in full.