1. the “company” is the respective towing service applicable;
2. the “customer” is the person described on the towing slip
3. “the vehicle” – is the customer’s vehicle to be towed by the company as described on the towing slip
4. words importing natural persons shall include a reference to bodies corporate and other legal personae and vice versa;
5. words importing the masculine gender shall include a reference to the feminine and neuter genders;
6. words importing the singular shall include a reference to the plural and vice versa;
7.all headings appearing herein are for reference purposes only and shall not affect the interpretation of any of the provisions hereof.
The towing of the vehicle by the company shall be deemed to have been effected on the terms and conditions herein contained, notwithstanding that the customer may not have signed these terms and conditions.
1.The customer has instructed the company to tow the customer’s vehicle to the location referred to on the reverse side hereof, and if no such location is provided, to an address deemed suitable by the company.
2.The customer undertake to pay the company’s usual charges for such services which are based upon the number of kilometres travelled.
3.The customer agrees that the customer shall be liable for the storage costs of storing the vehicle on a daily basis at the company’s usual rates which are available upon request, from the day after the vehicle is towed to the abovementioned location up until the vehicle is removed by the customer from such location with the consent of the company.
4. PAYMENT OF REMUNERATION
1.In the absence of any special provisions to the contrary, payment shall be effected by the customer in cash, by cheque, or by credit card, upon presentation of the company’s invoice in respect of such services, failing which the company shall be entitled to charge interest on such overdue amounts at the maximum rate permissible in terms of the Usury Act from the date of invoice to date of final payment and to recover all legal costs incurred in claiming such amount on the attorney and own client scale.
2.The customer may not raise any claim, dispute or counterclaim as a reason for deferring payment and the customer may not withhold any payment set-off any claim or counterclaim which it may wish to raise against the amount invoiced by the company.
5. CUSTOMER’S WARRANTIES
The customer warrants that the customer is the owner of the vehicle or that the customer has the necessary authority, as the agent of the owner, to enter into this agreement and hereby indemnifies the company against any claim of nay nature made by any party arising out of or related to the conclusion of this agreement and the vehicle towed.
6. COMPANY’S LIEN
1.The customer agrees, as security for all monies (whether past or present) owing for the towing of vehicle and/or the storage thereof, the company shall have a lien over the vehicle.
2.In addition, the company shall be entitled to hold the vehicle as security for any other monies which may be owing to it by the customer from any cause whatsoever.
3. The customer agrees that should the vehicle not be reclaimed by the customer within 90 days from the date hereof, or should the customer’s indebtedness not be settled within 90 days after having become due, the company shall be entitled, without further notice:
4.1. to sell the vehicle in such a manner and on such terms and conditions as it deems fit;
2. to apply the process of any sale after deducting all expenses thereof in payment or reduction of any amount due by the customer to the company (including storage charges), provided that any surplus shall be paid over to the customer without interest immediately after the sale, if the customer’s address is known, and if not, upon demand made by the customer within 30 days of the sale.
5. The company shall not be liable for any loss or damage to the vehicle attributable to the implementation of this clause.
7. COMPANY’S LIABILITY FOR DAMAGE OR LOSS
The vehicle shall be towed at the sole risk of the customer (or owner). The customer hereby exempts the company from and indemnifies the company against all liability of whatsoever nature, arising directly or indirectly from the towing and/or storage of the vehicle. This exemption and indemnity includes, but is not restricted to, any liability for direct and/or consequential loss or damages for personal injury, or damages arising from the loss of the vehicle (or any items contained in the vehicle), the failure to deliver the vehicle adequately or at all, or from or to the correct address, or from any other cause arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of the company, its servants, agents or employees, or otherwise.
8. DOMICILIUM AND NOTICES
1. The customer chooses the street address and telefax number as set out on the towing slip as his/hers/its domicilium citandi et executandi (”domicilium”) for all purposes under this agreement, whether for serving any court process or documents, giving any notice, or making any other communications of whatsoever nature and for any other purpose arising from this agreement.
2. Any notice required to be given by the company to the customer will be deemed to have been validly given if: 1.hand delivered to the domicilium of the customer and will be deemed to have been received by the customer on the date of such delivery; and
2. transmitted by telefax to the domicilium of the customer during normal business hours, and will be deemed to have been received by the customer one hour after the time of transmission.
1. This agreement constitutes the entire agreement between the parties and no representations, warrants or other agreements not contained in this agreement will be of any force or effect and nor will any variation, cancellation or novation of this agreement be of effect unless reduced to writing and signed by both the customer and a duly authorized representative of the company.
2. No relaxation or indulgence which the company may grant to the customer shall constitute a waiver of the rights of the company and shall not preclude the company from exercising any of its rights which may have arisen in the past or which might arise in the future.
10.APPLICABLE LAW AND JURISDICTION
The proper law of this agreement is the law of the Republic of South Africa, and the customer hereby consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944.