1. Incorporation of Terms and Conditions

By requesting a quotation, accepting a Hire Quotation, signing a Hire Confirmation, taking delivery of Equipment, or making any payment to Kwick Access Rentals (Pty) Ltd (Registration No. 2015/313911/07) (“Kwick Access Rentals”), the Customer unconditionally acknowledges having read and agrees to be bound by these Equipment Hire Terms and Conditions (“Terms”), as published on this website and as amended from time to time.

These Terms govern each and every Equipment Hire concluded between the Customer and Kwick Access Rentals. Each Equipment Hire constitutes a separate agreement subject to these Terms and supersedes any prior terms, conditions, or agreements between the parties in respect of that hire, to the extent of any inconsistency.

The version of these Terms published on this website at the time of each Hire Quotation or Equipment Hire shall apply to that specific transaction. Kwick Access Rentals reserves the right to amend these Terms at any time. Continued use of Kwick Access Rentals’ services following any amendment constitutes acceptance of the amended Terms.

2. Parties and Scope

“Kwick Access Rentals” refers to Kwick Access Rentals (Pty) Ltd, trading as Kwick Access Rentals and Kwick Access Garden Route, with registered offices at 19 Third Street, Delarey, Randburg 1709 (Gauteng) and 71 Cradock Street, George Central, George 6530 (Garden Route).

“Customer” refers to any individual, company, close corporation, trust, partnership, or other entity requesting a quotation from or entering into an Equipment Hire agreement with Kwick Access Rentals.

These Terms apply to all Equipment Hires, Hire Quotations, Invoices, and related transactions, including those concluded via email, telephone, online platforms, or in person.

3. Hire Fees and Rate Structure

All Hire Fees are based on a single consecutive shift of no more than 9 hours per day, 5 days per week and 22 working days per month, between 07:00 and 17:00 on business days. Use exceeding this will be charged at 1.2 times the applicable hourly rate. Hire fees are charged for every working day including public holidays and in all weather conditions.

The following rate tiers apply:

• Daily rate (1–4 calendar days): fixed per day; extensions billed at the same daily rate.
• Weekly rate (5+ calendar days): if the hire period falls below 5 days for any reason, the rate reverts to the daily rate.
• Monthly 22-day rate: applies only if the hire runs for 22 or more consecutive business days (excluding Saturdays and Sundays); otherwise reverts to weekly rate.
• Monthly 26-day rate: applies only if the hire runs for more than 22 consecutive business days including 4 consecutive Saturdays; otherwise reverts to weekly rate.
• Monthly 30-day rate: applies only for hires of 30 or more calendar days; otherwise reverts to the applicable shorter-period rate.

All quoted rates are exclusive of VAT, site supervision, operators (unless quoted), safety equipment, certified operator training, OHS-specific site requirements, and repairs arising from damage through misuse or accident.

For Equipment Hires extending beyond 60 consecutive calendar days, Kwick Access Rentals reserves the right to adjust the Hire Fee on 10 business days’ written notice to account for material increases in fuel costs, OEM cost increases, or currency fluctuations, subject to a maximum adjustment of 10% per adjustment.

4. Quotation Validity and Acceptance

Hire Quotations are valid for 5 business days from the date of issue. Acceptance of a Hire Quotation by the Customer, by way of a signed Hire Confirmation or purchase order, constitutes an offer to hire. Each Equipment Hire is only concluded upon Kwick Access Rentals issuing a Proforma Invoice to the Customer. Kwick Access Rentals reserves the right to accept or decline any Equipment Hire request in its sole discretion.

By accepting a Hire Quotation, the Customer acknowledges having read and accepted these Terms, the website Terms and Conditions, and all applicable rate, fee, and penalty structures set out herein.

5. Off-Hire Procedure

The Hire Period only terminates and the obligation to pay the Hire Fee only ceases upon the occurrence of both of the following conditions: (i) Kwick Access Rentals has received a valid written off-hire request (email to the designated address is acceptable), clearly identifying the Equipment and the requested off-hire date; and (ii) the Equipment has been physically collected by Kwick Access Rentals or returned to and received at the Designated Premises, with receipt confirmed in writing by Kwick Access Rentals.

A verbal off-hire request is not valid. The Customer may not claim that Equipment was “not in use” or “standing idle” as a basis for disputing Hire Fees. Hire Fees continue to accrue until both conditions above are satisfied. Kwick Access Rentals will use reasonable commercial endeavours to collect Equipment within 2 business days of a valid written off-hire request.

6. Cancellation

To cancel a hire before the Hire Period commences, written notice must be provided at least 24 hours in advance for hires of 4 days or fewer, and at least 48 hours in advance for hires of 5 days or more. Failure to provide the requisite notice will incur a penalty of R650.00 per day of the Hire Period, regarded as a genuine pre-estimate of damages.

Where the Customer has pre-paid, a refund will be issued less a cancellation fee of R395.00 and an administration fee of R165.00, following receipt of the Customer’s banking details.

7. Collection, Delivery and Return

Unless otherwise agreed in writing, Equipment is made available from the Designated Premises at 07:00 on the Collection Date. The Customer is responsible for loading, transport, and all associated costs. Failure to collect on time does not reduce the Hire Fee.

Equipment must be returned to the Designated Premises in good working order and free from damage (fair wear and tear excepted) by 17:30 on the Return Date. Failure to return by 17:30 will incur a late return fee of 1.2 times the applicable hourly rate per hour, and failure to return before 07:00 on the following morning will incur a full day’s hire charge.

Upon return or collection, Kwick Access Rentals will conduct a Return Inspection. If the Customer is not present or fails to attend within 1 hour of notification, the findings of the inspection shall be final and binding. Written objections must be raised within 24 hours of receipt of the inspection report.

The following are not considered fair wear and tear: collision damage (dents, bending, tears, buckling); overspray, sandblasting, paint or chemical spillage; tyre damage; overloading or improper use; driving with handbrake engaged; pothole, pavement, or speed hump collision damage.

8. Customer Obligations and Site Responsibility

The Customer is solely responsible for: selecting equipment suitable for the intended application; conducting a site-specific risk assessment in compliance with the Occupational Health and Safety Act, 1993 and the Construction Regulations, 2014; having a valid Health and Safety Plan in place; ensuring the site complies with all applicable health and safety requirements including ground conditions, load-bearing capacity, overhead obstructions, and exclusion zones; ensuring all operators are suitably trained and hold the required certificates of competency; maintaining the equipment in good, clean condition; providing necessary fuel, oil, water, or electricity; and reporting any breakdown, damage, loss, or theft immediately.

The Customer may not sell, let, loan, pledge, or otherwise encumber the Equipment, remove it from the authorised area without written consent, or permit any lien to arise over the Equipment. Kwick Access Rentals retains ownership of all Equipment at all times.

The Customer must grant Kwick Access Rentals unrestricted access to the site at all times for inspection, collection, or repossession of Equipment. Where a third party controls site access, the Customer is responsible for arranging such access. If Kwick Access Rentals’ vehicle is delayed more than 30 minutes due to access restrictions, standing time fees and re-delivery charges shall apply.

9. Damage Waiver Fee

The Customer is required to pay a Damage Waiver Fee of 10% of the Hire Charge. This Damage Waiver Fee constitutes a damage waiver and is not an insurance product. Payment of the Damage Waiver Fee reduces the Customer’s liability only in the limited circumstances set out in the full Terms and Conditions. The Customer remains the primary risk holder in respect of all other loss, damage, or liability arising from the Equipment Hire.

In the event of loss or damage, the Customer will be liable for an uninsured excess of 15% of the claimed amount, with a minimum of R7 500, per occurrence. The excess does not apply in cases of misuse, abuse, neglect, overloading, operation by an unlicensed or non-competent operator, or operation by any person under the influence of alcohol or drugs — in which circumstances the Customer is liable for all loss and damage sustained by Kwick Access Rentals.

A repair or replacement quotation or invoice issued by Kwick Access Rentals or its authorised service provider constitutes prima facie proof of the quantum of loss or damage. The Customer bears the onus of proving that the quantum is incorrect.

The Customer indemnifies Kwick Access Rentals against all claims, actions, damages, liability, or expense in connection with loss of life, personal injury, or damage to property arising from the carriage, storage, or use of the Equipment. The Customer’s indemnity obligations are unlimited and uncapped and apply to any breach of the Terms, whether arising from use of the Equipment or otherwise.

10. Payment Terms

Payment terms are strictly 30 days for account customers and upfront (COD) for all other customers. All amounts are payable in full prior to taking delivery of Equipment, prior to any hire extensions, and in respect of any damages. Payment is only deemed made when cleared funds are received and no reversal, chargeback, or recall has been effected.

The Customer irrevocably waives any right of set-off, deduction, withholding, or counterclaim against any amounts owing to Kwick Access Rentals. All payments must be made in full regardless of any dispute, which must be pursued through separate proceedings.

Late payments will attract interest at the Default Rate, being the prime overdraft rate as published by ABSA Bank Limited plus 4%, compounded monthly in arrears, calculated on a 365-day year.

11. Limitation of Liability

Kwick Access Rentals gives no warranty or representation regarding the suitability, fitness for purpose, quality, longevity, or durability of the Equipment, or that the Equipment will meet the Customer’s requirements or perform without interruption.

Kwick Access Rentals’ maximum aggregate liability to the Customer shall not exceed the Hire Fee for the Hire Period in respect of the Equipment to which the claim relates. This limitation applies only to Kwick Access Rentals’ liability to the Customer and does not limit or cap the Customer’s indemnity obligations in any way.

Kwick Access Rentals is not liable for any special, consequential, incidental, or indirect loss or damage, including business interruption or pecuniary loss, arising from the use of or inability to use the Equipment.

12. Telematics and Remote Monitoring

Certain Equipment may be fitted with telematics, GPS tracking, or remote monitoring devices. By accepting a Hire Quotation or taking delivery of Equipment, the Customer acknowledges and consents to Kwick Access Rentals monitoring the location, usage, operating hours, and condition of the Equipment throughout the Hire Period.

Kwick Access Rentals reserves the right to remotely disable or immobilise Equipment — where reasonably practicable in a safe manner — in the event of non-payment, any breach of these Terms, suspected theft or misuse, or suspension of the Customer’s account. Kwick Access Rentals is not liable for any loss, damage, cost, or inconvenience arising from a remote disable exercised in accordance with these Terms.

The Customer shall not tamper with, disable, remove, or attempt to circumvent any telematics system fitted to the Equipment. Such conduct constitutes a material breach of these Terms.

13. Use Outside the Authorised Area

The Customer may not remove or use Equipment outside the boundaries of Johannesburg, Pretoria Metropolitan, and the Garden Route Area without Kwick Access Rentals’ prior written consent. Within those areas, a daily travel distance of 150km from the Designated Premises is included. Any distance above 150km per day will be charged at R3.95 per kilometre.

All breakdown or damage call-outs outside these areas will be attended to within a maximum of 24–72 hours from the time of reporting. The Customer accepts all risks for hiring Equipment outside the designated radius. Any recovery, transport, or towing costs will be for the Customer’s account.

14. Suretyship

Where a Deed of Suretyship has been signed, the signatory binds themselves as surety and co-principal debtor in solidum with the Customer for all amounts owing to Kwick Access Rentals. The suretyship is a continuing guarantee covering all present and future Equipment Hire agreements and survives account closure and business rescue. Any change in ownership, directorship, or control of the Customer entity requires a replacement suretyship to be provided within 10 business days.

15. Protection of Personal Information

Kwick Access Rentals processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”). Kwick Access Rentals is the responsible party in respect of all personal information collected in connection with Equipment Hires. Personal information is collected and processed for the purposes of administering accounts, assessing credit risk, enforcing contractual rights, and communicating with customers. Personal information is retained for 5 years from the date of termination of the business relationship, or such longer period as required by law.

Customers have the right to request access to, correction of, or deletion of their personal information held by Kwick Access Rentals, subject to the grounds set out in POPIA, by written request to the Information Officer at info@kwick.co.za. In the event of a security compromise involving personal information, Kwick Access Rentals will notify affected parties and the Information Regulator as soon as reasonably practicable.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. The Customer consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act, No. 32 of 1944, notwithstanding that any claim by Kwick Access Rentals may exceed the Magistrate’s Court’s normal monetary jurisdiction. Kwick Access Rentals may, at its discretion, institute proceedings in any other court of competent jurisdiction.

If any provision of these Terms is found to be invalid or unenforceable, it may be severed and the remaining provisions shall continue in force.

17. Contact Details

Kwick Access Rentals (Pty) Ltd

Head Office: 19 Third Street, Delarey, Randburg 1709 | Tel: 0861 159 425 | Email: info@kwick.co.za

Garden Route: 71 Cradock Street, George Central, George 6530

Website: www.kwick.co.za | VAT No: 4690273489 | Reg No: 2015/313911/07

© Kwick Access Rentals (Pty) Ltd. All rights reserved. These Terms and Conditions are subject to change without notice. The version published on www.kwick.co.za at the time of each Equipment Hire shall govern that transaction.