JOH Plant Hire Terms and Conditions
Payment constitutes acceptance of these terms and conditions. Terms and conditions apply to all hires and all clients.
1 PAYMENT PROCEDURE
1.1 Payment is to be made based on a quote sent via SMS or WhatsApp (and / or invoice). Once payment has been made on either quote or invoice, this constitutes a valid payment and is automatically subject to the JOH Plant Hire Terms and Conditions. Payment constitutes unconditional acceptance of these JOH Plant Hire Terms and Conditions. Please view our Terms and Conditions.
1.2 Payment in FULL is required IN ADVANCE OF THE HIRE and no part or short payments will be accepted.
1.3 Proof of payment is required and to be sent DIRECTLY FROM THE BANK to the cell phone number 082 448 7826 or email hardy@johplanthire.co.za Only once the full amount of funds is reflecting in the account will the equipment be released from the yard. Clients are urged to act timeously when making payment allowing sufficient lead time to schedule a machine.
1.4 Should you require a TAX invoice please WhatsApp or email your invoice details to 082 448 7826 or hardy@johplanthire.co.za
1.5 JOH plant Hire work on a very strict NO REFUND policy.
1.6 We will attempt to have the plant leave the yard at 07H30am the travel time to site is in the clients hire time, delays caused on route by traffic, gaining access to estates, metro officials, by laws or any other delay will not be entertained or be for the account of JOH Plant Hire. The plant will stop working at 16H40 and return the JOH Plant Hire yard out of the client hire time.
1.7 JOH Plant Hire understand the urgency of a short hire and will endeavour to get the machine onto site efficiently and timeously.
1.8 JOH Plant Hire do not give the operators cell numbers to their clients, as none of the plant have hands free kits and by, Health and Safety laws no operator is allowed to use a cell phone while operating an item of plant.
1.9 Should the above payment procedure not be adhered to, JOH Plant Hire reserves ALL our rights, all excavations made will be closed and all and any works done, may be undone. Any items removed from site may be returned to site.
1.10 Should a hire be extended by a client JOH Plant Hire will not commence with such further hire, until the full amount of the extended hire has been paid in advance of such extended hire and proof of payment has been received as indicated in 1.3 above. Clients are urged to do this timeously to prevent delays on the hire. By virtue of the fact that the hire item is on site does not mean it automatically carries over to the next day. All our standard conditions apply, however JOH Plant Hire will endeavour to help where possible.
1.11 Clients are required to make payments timeously and within the time stipulated, failure to do so could result in a delay in the hire.
1.12 We require a minimum of a 24-hour cancelation period on any hire, failure to do so will result in the full payment due, JOH Plant Hire will however attempt to place the item of plant on a different site and, if successful, 50% of the placed hire will be credited back to the cancelation.
1.13 Clients who make payment before 12H00 will be prioritised and in most instances will be serviced the next day.
1.14 JOH Plant Hire does adopt the policy of first pay first service.
1.15 The client is to ensure that a correct pin location and or street address is provided initially and timeously, JOH Plant Hire accepts no responsibility or delay cost should this not be done.
1.16 When the trucks are being loaded the loaded material must not be heaped up but rather levelled up with the sides of the truck. This heaping up constitutes overloading and will result in the vehicle digressing the maximum weight allowable as per the road traffic ordinance. The designated client site supervisor is responsible to ensure this does not happen.
2. WORKING HOURS
2.1 Standard working hours are from 07h30 to 16h30 with one hour break as defined by the Labour Law act of South Africa.
2.2 Transportation or travel time to site are all in the clients hire time.
2.3 All hires are quoted on a 9-hour working day, no part hires and no reduced hours will be accepted, further to this no reconciliation of hours worked will be accepted.
2.4 The above-mentioned working hours constitutes a working day.
2.5 All rates quoted include the operator and diesel, unless otherwise agreed.
2.6 All quoted rates refer to this same working 9 hours in a day and, all rates are quoted on a daily rate.
2.7 A transportation cost is also applicable. This will be quoted for on the initial quote and will be indicated as a separate amount to the daily hire rate.
2.8 All daily hires are done on a minimum 9-hour day and no reduction of any kind will be entertained.
2.9 No part hire, reduction of hours or client reconciliation of hours will be entertained.
2.10 Delays caused by traffic ordinance, road works, traffic delays and any other delays which occur in the “transportation or travel time” are for the client’s account.
2.11 Delays caused while gaining access into security estates is for the client’s account.
3. SIGNING OF LOG SHEETS
3.1 A log sheet is available for all machines, and it is the clients responsibly to sign the log sheets.
3.2 On the log sheet, provision is made for breakdowns and punctures, and this will be recorded by the operator.
3.3 JOH Plant Hire will not be liable for any damages, loss and any/or consequential damages cause by a breakdown of any kind on the hire item.
3.4 Where the client has not signed the log sheet, this constitutes acceptance of the hours worked and in turn the information recorded on the log sheet.
3.5 Should there be any discrepancy, event or occurrence, the log sheets and only the log sheets will be used as the ONLY point of referral in the resolution of these issues.
3.6 The client is to contact Hardy on 082 448 7826 within the same 9 hour working day to report any such event.
3.7 All of JOH Plant Hire’s plant have a GPS live tracker unit, which tracks the plant and gives live feedback. When such information and data is available that the GPS live tracker unit provides, this will be used as the final and ultimate source of information to resolve any discrepancies.
3.8 Should the client note that an operator is underperforming or not taking instructions properly, the client should contact Hardy on 082 448 7826 or Amos on 079 885 3636 immediately. No reduction or refunds in monies will be tolerated in this regard. Failure to report this underperformance on the day of the hire to which it relates, will negate all future opportunity to do so.
4. DAMAGE TO PROPERTY OR SERVICES
4.1 JOH accepts NO LIABILITY in any form whatsoever to the damage of any property, or any other asset or person caused by any item of plant, its operators, its maintenance vehicles, or any JOH Plant Hire staff member.
4.2 JOH Plant Hire will not be liable for any consequential damages whatsoever, irrespective of the cause thereof.
5. DELAYS CAUSED BY RAIN OR INCLEMENT WEATHER.
5.1 NO credit for the first 4, 5 hours.
5.25.1 After the first 4, 5 hours a 50% credit will be applied to the remainder of the hire.
5.35.2 However, should prior notice be given (24 hours) and an alternate hire found for the machine, and agreement reached, this may be taken into consideration.
6. SITE SECURITY AND RESPONSIBLE PERSON
6.1 The client is to ensure that the following security measure are in place should the hire item stay overnight: Night guard with link to armed reaction, lockable security gate, electric fence, CCTV cameras and an area where the item can be parked, where it is not visible.
6.2 Hire items are not to be left on site over weekends, they are to return to the JOH Plant Hire yard.
6.3 The client is to provide a competent site supervisor who will be on site full time to supervise and direct the operator and the works.
7. PUNCTURES
7.1 The actual cost of repairing all tyre punctures that occur during the hire, as a result of site conditions, are for the client’s account.
7.2 Any down time experienced as a result of the puncture which includes time spent in replacing the tyre, will be for the client’s account.
7.3 JOH Plant Hire keeps a set of spare tyres for all its machines and will endeavour in all situations to attend to punctures in the shortest time possible.
7.4 Should there be damage to the side walls of the tyres, or damage that may cause complete tyre failure, JOH Plant Hire will attempt to fix this with a gaiter. If, however, it is ascertained by a recognised tyre specialist that such repair is not possible, a percentage of usage to the point of the puncture, will be determined, and this cost will be deducted from the cost of a replacement tyre.
7.5 The cost of this replacement tyre will be for the client’s account.
8. FORCE MAJEURE
JOH Plant Hire shall not be considered to be in default of performance to the extent that such performance is delayed or prevented by fire, flood, earthquake or similar natural disasters, riot, war, power disruptions, water supply, terrorism, community strike action, civil strife, labour disputes or disturbances, material shortages or rationing, governmental regulations, communication or utility failures, or casualties.
9. PAYMENT (LONG HIRE)
9.1 The maximum credit limit is set at R per fortnight.
9.2 Invoices to be processed on a fortnightly basis.
9.3 Payments will be made within 3 working days of invoice.
9.4 All invoices are to be paid in full.
9.5 Should payments not be made as indicated above, all work will be stopped immediately and all items of plant to be removed from site with all costs incurred to recoup any outstanding monies will be for the clients account irrespective of any reason.
10 PERSONAL LIABILITY
10.1 The signatory’s hereby bind themselves to this agreement and confirms they are authorised to sign this agreement.
10.2 The signatory’s hereby bind themselves to this agreement in their private capacities and do hereby authorise a full personal surety to this contract.
10.3 The signatories are bound by all admissions or acknowledgements made by this agreement.
We do hereby declare that we bind ourselves jointly and severally, as surety and as co-co-principal debtor for the punctual payment of all sums due or that become due to JOH Plant Hire in terms of or arising out of this agreement.