Last Updated: 26/05/25
1. Introduction
These Terms and Conditions (“Terms”) govern all transactions between South Gear Co. (“we”, “us”, “our”) and any customer (“you”, “your”) related to the purchase or rental of machinery, including but not limited to forklifts, backhoe loaders, skid steer loaders, and telescopic handlers.
By purchasing or renting equipment from us, you agree to be bound by these Terms. If you do not agree, do not proceed with a transaction.
2. Definitions
- “Goods” refers to all machinery or equipment sold or rented by South Gear Co.
- “Rental Agreement” refers to a signed contract outlining specific rental terms.
- “Purchase Agreement” refers to a signed contract outlining specific sale terms.
- “Customer” refers to the individual or entity purchasing or renting goods.
3. Orders and Acceptance
- All orders (purchase or rental) are subject to availability and formal acceptance by South Gear Co.
- We reserve the right to refuse or cancel any order for any reason, including pricing errors or stock unavailability.
- A quotation does not constitute a binding offer unless explicitly stated as such.
4. Pricing and Payment
- Prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated.
- Payment terms are as agreed in writing per transaction (e.g., deposit and balance due, credit terms).
- For rentals, a deposit and rental fee must be paid before delivery unless otherwise agreed.
- Late payments may attract interest at the prescribed legal rate.
5. Delivery and Collection
- Delivery or collection timelines are estimates only. We are not liable for delays outside our control.
- Delivery will be made to the address provided by you and confirmed in writing.
- Risk of loss or damage passes to you upon delivery or collection.
- For rentals, you are responsible for the safe return of machinery in the same condition it was received (fair wear and tear excluded).
6. Warranties and Guarantees
- All new equipment sold may carry manufacturer warranties, subject to their terms.
- Used equipment is sold “as is”, unless otherwise stated in writing.
- South Gear Co. warrants that rental equipment will be delivered in a safe and operable condition.
- You must notify us in writing of any defects within 48 hours of delivery.
7. Maintenance and Repairs (Rentals Only)
- You are responsible for daily checks and basic maintenance during the rental period.
- Repairs required due to negligence, misuse, or unauthorised modifications will be billed to you.
- In the event of a mechanical fault not caused by misuse, South Gear Co. will, at its discretion, repair or replace the equipment.
8. Ownership and Risk
- For purchases, ownership passes only upon full payment of all amounts due.
- For rentals, ownership remains with South Gear Co. at all times.
- You may not sublet, sell, or encumber any rented equipment.
9. Termination (Rentals)
- Either party may terminate the rental agreement with reasonable written notice, unless otherwise specified.
- Upon termination, you must return the equipment immediately.
- If the machinery is not returned in good condition (fair wear and tear excluded), additional charges may apply.
10. Liability and Indemnity
- South Gear Co. shall not be liable for indirect, incidental, or consequential damages.
- You indemnify us against all claims arising from your use or misuse of the machinery, including injury or damage to third parties or property.
- Our total liability shall not exceed the amount paid for the transaction giving rise to the claim.
11. Insurance
- We may require proof of insurance for rented machinery, covering theft, loss, and third-party liability.
- You are responsible for insurance unless otherwise agreed in writing.
12. Force Majeure
We shall not be liable for failure or delay in performance due to acts beyond our reasonable control, including but not limited to acts of God, strikes, pandemics, and government restrictions.
13. Compliance with Law
You agree to use all purchased or rented machinery in accordance with applicable laws, safety regulations, and manufacturer guidelines.
14. Data Protection
Your personal information will be processed in accordance with our Privacy Policy, in compliance with the Protection of Personal Information Act (POPIA). By entering into a transaction with us, you consent to such processing.
15. Dispute Resolution
- Disputes shall first be attempted to be resolved amicably in writing.
- If unresolved, the matter may be referred to mediation or arbitration in South Africa.
- These Terms shall be governed by the laws of the Republic of South Africa, and disputes shall be subject to the jurisdiction of South African courts.
16. Amendments
We may amend these Terms from time to time. Updated Terms will be made available on our website or by request.
17. Contact Information
South Gear Co.
31 Koekoek Street,
Haakdoringboom,
Pretoria North
0182
quintin@southgear.co.za
+27 84 601 3519
