Siyashesha Projects & Logistics cc - Plant Hire Rates / Terms & Conditions of Hire

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Below is a table with our estimated plant and truck hire rates as well as Terms and Conditions of Hire for the different areas in which we work. All rates exclude VAT.

PLEASE NOTE: The estimates and Terms & Conditions of Hire also apply to the other companies in our group, namely:
Adheel Sands
KwaZulu Bulk Logistics
Shonakhona Logistics
Siyashesha Civils
Sanyati Resources

All Terms & Conditions of Hire apply to the above companies.

RATES FOR KWAZULU NATAL
Machine Type Make Model Capacity M≥ Weight Rate per Hour(DRY) Fuel - Litres/HR
20ton hydraulic excavator Sumitomo SH200 1.0 20ton R 350 15-17.5
Excavator Sumitomo SH210 1.1 21.5 R370 13.5-16
Front-end Loader CAT 920/930 1.3/1.5 R 270 8-12.5
Front-End Loader Kawasaki 65Z 2.2 R 350 10-13.5
TLB - Backhoe Bell/CAT/JCB R 240 4.5-6.5
Bobcat Bobcat 753 R 180 3-5
10 cubic metre tipper Mercedes-Benz 2535/2635/2624/2628/2632/2636/2637/2633/2629 10 11-13 R 260 Depends on working conditions
10000lt Water Cart Mercedes-Benz 10000lt R 200 Depends on working conditions
14000lt Water Cart Mercedes-Benz 14000lt R 260 Depends on working conditions
16000lt Water Cart Mercedes-Benz 16000lt R 260 Depends on working conditions
Articulated Dump Truck (ADT-Dumper) Bell B25D 16m3 + ext R 400 Depends on working conditions
Articulated Dump Truck (ADT-Dumper) Bell B20D 14m3 R 350 Depends on working conditions
Smooth Drum/Padfoot Roller Bomag/Dynapac/Cat/Vibromax 10-12t R 250 Depends on working conditions
Smooth Drum/Padfoot Roller Bomag/Dynapac/Cat/Vibromax 12-14t R 280 Depends on working conditions
Motor Grader Cat/Mitsubishi/Komatsu/Bell 13-16 R 470 Depends on working conditions
20 cubic metre end-tipper horse/trailer Mercedes-Benz 2535/2635/2644/2638/3335/2545/2636/2637/2633/2629 20m3 22-26 R 420 Depends on working conditions


Conditions of hire

* Above rates are for KZN only (applicable to sites within a 120km radius from Ballito, unless stated otherwise). Please contact us should you require plant outside of KZN for a duration of 6months or longer.

* If the hire is for a definite period, and if the hirer does not return the Plant to the Company on expiration of such period, then the hire of the Plant will thereafter continue upon the same terms and conditions as are set out herein for an indefinite period subject to the hirer being entitled to give the other not less than 24 (twenty four) hours written notice of termination. After termination of the agreement, the Company shall be entitled to retake possession of the Plant without prejudice to any other rights which it may have against the hirer. Notice of termination to the Companyís operator shall not constitute valid notice of termination of the agreement of hire.

* If the hire specified in the Hire Contract is for an indefinite or an estimated hire period, it will be deemed to be automatically extended at the end of such period for an additional period of 24 (twenty four) continuous hours upon the same terms and conditions as are set out herein and upon payment by the hirer to the Company, of hire rates specified in the Hire Contract until terminated by either party, in writing, and on 24 (twenty four) hours notice. The hire period shall be deemed to commence when the Plant leaves the Companyís depot or nominated site.

* The hirer shall not cede or assign the agreement, nor sublet, mortgage, pledge, or in any way encumber the Plant, or part with possession thereof, and shall be obliged to retain the Plant on the site and, save for the purpose of returning it to the Company, shall neither remove or allow it to be removed from the site without first obtaining the written consent of the Company.

* The Plant and any items forming part of the Plant shall at all times be, and remain the property of the Company. The hirer shall keep the Plant free of any claim, lien or attachment. Prior to the delivery of the Plant in terms of the agreement of hire, the hirer shall procure in writing the agreement and acknowledgement of the landlord of the hirerís premises that: the Company is the Company of the Plant; no lien, right of attachment or other right shall vest in the landlord; the hirer shall permit the Company (includes the provision of all necessary documentation required for access, etc) at all reasonable times, without notice, to inspect the Plant.

* The Company or its duly authorised representative shall at all times be entitled to have access to the site and to inspect the Plant. Where the ground or surface of the site is soft or unsuitable for the safe travelling or operation of the Plant/vehicle inspecting the plant, the hirer shall be obliged at its own cost, to provide and lay suitable materials for the Plant/vehicle inspecting the plant to travel or work on site. Failure by the hirer to comply with this obligation will constitute a breach of the material term of the agreement entitling the Company to cancel the agreement (with payment of any amounts due by the hirer becoming due immediately), alternatively excusing the Company from performance of its obligations (at the hirer's cost) until such time as the hirer has provided and laid suitable materials.

* The hirer shall be obliged to notify the Company of any defects or deficiencies in the Plant which are, or which become apparent, and/or are notified to the hirer by the operator, immediately by the quickest practical method. In such event the hirer shall cease using the Plant forthwith, failing which the hirer shall be liable for the agreed hire rate and for all loss or damage, including consequential loss or damage sustained by the Company arising out of such continued use of the Plant. Any breakdown of the Plant shall be reported immediately by the quickest practical means by the hirer to the Company and such report shall be confirmed in writing forthwith. If the hirer fails to notify the Company, in writing within an hour, of any breakdown to the Plant cause by defect in the Plant in terms of this clause then the hirer shall not be entitled to any reduction in the hire rate. Furthermore, if such breakdown/failure in the plant is found to be caused by the harsh working conditions that the plant is subjected to, there would be no reduction in the hire rate and the costs of repairing the plant to its original state would be for the hirer's account, payable immediately (prior to any repair work being done, with full hire costs being charged until such time that plant is restored to original condition). It is to be noted that in such cases, costs of parts used, components, etc will be charged out at replacement value and not actual value of initial part/component.

* The Company undertakes that the Plant will perform substantially in accordance with the manufacturers rated capacity and specifications and shall be serviced and maintained by it. The hirer acknowledges that the Company has tendered to the hirer the manufacturerís rated capacity and specification of the Plant. Signature of the daily time sheets shall be deemed to be acceptance by the hirer that the Plant has performed satisfactorily or, when machine is charged on a daily/weekly/monthly rate, failure to report unsatisfactory performance, in writing, within an hour of such poor performance shall be deemed to be acceptance by the hirer that having regard to the manufacturerís rated capacity and specifications, the Plant is fit for the purpose for which it has been hired. The hirer undertakes that it will use or permit the Plant to be used only in a responsible manner and undertakes not to perform any lifts beyond the Plantís rated capacity and specification, nor to perform any tandem multiple lifts without the written consent of the Company first being obtained. During the period of hire, the hirer undertakes and warrants that it will use or permit the Plant to be used only for the purpose for which it was hired.

* Whilst on site the operator shall be under the sole, absolute control and supervision of the hirer who shall be responsible for all of the operatorís acts or omissions. The hirer warrants and undertakes that it will give to the operator clear and specific instructions and directions for all work to be performed by the operator and the Plant on site. The hirer shall be obliged and warrants that it will supervise or will provide responsible and competent supervision for the operator whilst the Plant is on site during the period of hire.

* The risk of any loss of, or damage to, the Plant and/or to the property and/or injury to persons, passes to the hirer on arrival of the Plant on site. Such risk remains with the hirer until the Plant leaves the site. Where the Plant is required to be transported by low-bed or any other means of transport, excluding self-propulsion, which is provided or arranged by the hirer, the risk of loss or damage to the Plant whilst in transit, or being handled, loaded or off-loaded at any place shall be assumed by and shall pass to the hirer at the commencement of the loading operation at the Companyís depot or nominated site and shall remain with the hirer until the Plant has returned to the Company for offloading by it at its depot or nominated site. In any case where transport is provided or arranged by the hirer whether on commencement or termination of the hire period, the hirer indemnifies the Company against any loss of, or damage to any property whatsoever, or arising from injury to, or death of any person, caused or occurring whilst the Plant is in transit or being loaded, handled or off loaded.

* Whilst the Plant is at the risk of the hirer, the Company shall not be responsible or liable to the hirer, or to any other person for any acts or omissions on the part of the Companyís operator (or on the part of the hirerís servants, employees or contractors) nor shall the Company be liable for any damages whether direct or consequential of whatsoever nature and howsoever arising occasioned to the hirer or to any other person or property. The hirer indemnifies and holds the Company harmless against all such claims including the cost of defending any such claim or action. Without limiting the generality of this sub-clause the indemnity and exclusion of liability provided herein shall specifically apply to damage to goods and surrounding property.

* The Company shall not be liable or responsible to the hirer, the hirerís principal, or anyone else for any direct or consequential loss or damage suffered by the hirer or any other person arising out of stoppage of the Plant through any cause whatsoever, non arrival of the Plant or any accident or breakdown of the Plant at any time whatsoever. The hirer hereby indemnifies and holds the Company harmless in respect of any such claim made by any other person against the Company arising out of the hire of the Plant or from any cause aforesaid.

* The hirer shall be liable for all loss or damage suffered by the Company as a result of accident or breakdown whilst the Plant is at the hirerís risk including the costs and expenses of recovering the Plant and including the travelling and subsistence expenses of the Company or its nominee incurred as a direct result of any accident or breakdown. The hirer shall be liable for any consequential loss suffered by the Company as a result of any accident or breakdown whilst the Plant is at the hirerís risk. Such loss not being restricted to hire charges for the unexpired period of hire but extending to and including loss of income suffered by the Company for such period as is reasonably required to repair or replace the Plant. The provisions of this clause shall not apply to breakdown of the Plant cause by inherent defect in the Plant or the Companyís failure to maintain the Plant, subject always to compliance by the hirer with regard to written reports on any failure/unsatisfactory performance against the plant in question.

* Insurance of the Plant and of loss or damage to property or persons arising from the use of the Plant during the hire is the responsibility of the hirer.

* If the hirer commits any breach of the conditions of this agreement, including failure to pay any amount due by the hirer to the Company, or if any judgment is obtained against the hirer, or the hirer commits an act of insolvency, or is placed under judicial management, or ceases to carry on business, then the Company shall be entitled forthwith without notice to the hirer to cancel the hire agreement and take possession of the Plant and the hirer shall immediately restore and give possession of the Plant to the Company. Notwithstanding the cancellation of the hire agreement by the Company or the taking of possession by the Company of the Plant, the Company shall be entitled to recover from the hirer all monies due, or to become due, in terms of the hire agreement for the full and unexpired hire period, including any extension thereof, together with all costs, expenses and payments including legal costs incurred or made by the Company in connection with cancellation of the agreement and/or obtaining possession of the Plant.

* It should be noted at all times that notification to the company's operator does not constitute notification to the company.

* The client accepts that where there is no signature/failure to be available at the time for signing/no person to sign on behalf of the hirer/where the hirer's representative authorises the operator to sign time sheets, the operator will be authorised to sign all time sheets to certify the correctness of the same. It is the hirer's responsibility to ensure that his personnel are available daily to sign time sheets. The hirer acknowledges the minimum rate payable to the company regardless of the time reflected on the time sheet.

* The Company hereby warrants that the tyres on the Plant supplied will be in good condition. The hirer shall however be liable and responsible for all repairs, or the cost of repairing all tyre and tube punctures, or damage to tyres during the period of hire and shall be responsible for all cuts or abrasions of tyres and tubes and the replacement thereof during the period of hire. Unless the hirer notifies the Company in writing to the contrary within 24 (twenty four) continuous hours of delivery of the Plant to site, the tyres on the Plant shall be deemed to be in good condition. Should the hirer object to the condition of the tyres in terms of this clause and a dispute arises as to such condition, then the dispute shall be referred to a representative appointed by the company which supplied the tyres, whose decision shall be final and binding on both parties.

* If at any time after the date of delivery the Plant is, in the opinion of the Company, in need of repairs it may stop the further use thereof until such repairs have been carried out on site or the Company may arrange for such Plant to be sent to a depot and in the latter event, the Company shall be entitled to replace such Plant forthwith with similar Plant, the Company paying all costs of transport involved (only in the event that the hire contract for the plant in question is still in place and the plant is to return to site) in the removal of such Plant to the Companyís depot or site nominated by it for repair and delivery of the substituted Plant and the agreement shall continue as if the substituted Plant had been the subject thereof. Alternatively, the Company shall, after consultation with the hirer, be entitled to terminate the agreement forthwith in relation to the Plant by giving written notice to the hirer. Should the hirer insist that the operation continue despite apparent faults the hirer shall take full responsibility for any damage which may result from its continued operation.

* Payment of the amount shown, as due by the hirer, on the Companyís invoice shall be made to the Company within 7 (seven) days of date of invoice and free of exchange at the place indicated on the invoice. Interest on overdue accounts will accrue at the maximum permissible rate in terms of the Usury Act. The hirer shall not be entitled to claim set off in respect of any amount owing, or alleged to be owing by the hirer, under any circumstances whatsoever. Credit facilities may be suspended on any overdue amount and may be reinstated at the Companyís discretion after settlement in full of the entire amount due including interest on overdue amounts. No early payment discounts. However, in 99% cases, Payment terms are strictly upfront.

* As security for the Companyís charges the hirer agrees to cede, assign and make over to the Company all of its rights to claims and other debts of whatsoever nature, present and future, due and to become due to the hirer from any persons whatsoever and from any causes of action whatsoever, and all rights of action arising thereunder, howsoever named or described, including but not limited to the right to receive payment of any capital, interest, dividends or any other income and all and any book debts owing by any party whatsoever to the hirer.

* Site Establishment/De-Establishment to be payed for by Client upfront and is quoted separately. It is to be noted that de-establishment rates are also payable prior to dispatch of machine, and any rate quoted, is to be regarded as a minimum charge of the de-establishment rate. The final costing of the rates would apply upon termination of the hire contract at prevailing rates at the time.

* Client to provide a fenced yard with security personnel on site for machinery to be parked in. All theft/damage for client's account. The Client is responsible for security from the time the machine leaves our premises/is dispatched to your site, till the time that it is returned to our premises/site. Should we terminate the hire contract at any time and the plant is still on your site, you will still be responsible for security until the machine is returned to us. We reserve the right to charge the client for any theft (plant, components, accessories, contents in plant, staff belongings, spare parts, batteries, fuel, tyres etc) and this is payable upon notification of theft/estimation of cost of theft. All charges applied will be replacement value and not actual value, whichever is worth more. We will not accept loss of income due to theft at the Client's site. Full hours will apply, for up to 72hours, or until payment is received in full from the Client, for all losses as well as cost of getting the plant back in working condition (labour, transport, etc).

* Client to provide accommodation for operators/drivers, and security thereof, of a standard appropriate to the operators/drivers, for contracts under 24 months. The client will also be responsible for providing transport for the operators/drivers to/from such accommodation to the site. Any form of gift/cash/favour/incentive/allowance/bribe/food allowance/food/overtime, etc given to any of our staff constitutes a breach of contract. The Client's responsibility, in terms of staff requirements, is limited to providing accommodation, transport as mentioned above, and security for the Company's staff.

* Client to provide diesel for vehicles as the above estimates are DRY rates. We do not work on WET rates unless there's 5 items or more hired and if its within 80km from Ballito.

* Payment terms: Upfront on a Pay-As-You-Go basis. Minimum 2 weeks hire + Site Establishment/De-Establishment as well as a full tank of fuel to be payed upfront. The fuel charge is refunded if machine returns to our premises with full tank.

* Once payment limit has been reached, plant will stop until next payment reflects/clears in our account. We will not accept responsibility for downtime when site is at a standstill due to the above-mentioned. Full hours will apply as standing time should any/all of our plant stand at your site due to payments not reflecting on time/non-payment, etc.

* All vehicles come with operators/drivers. Should you wish to use your own operators/drivers, you will have to apply for the same prior to hiring of plant, and if accepted, we will need to test your staff to ensure that they are aware of our procedures/standards of operation. The hire rate will not change regardless of whose operators/drivers are used.

* Any damage arising from the use of the plant (eg. relocation of plant between site, damage to power lines, water mains, etc) directly or indirectly, will be the sole responsibility of the Client. Similarly, any damage caused to the plant, directly or indirectly, will be the sole responsibility of the Client and will be charged out for immediate payment.

* The Hirer consents to the Company carrying out complete profile/credit checks on the client's company/personal capacity.

* Minimum 9 hours per day (regardless of hour meter/time sheet record) if working by hour or Maximum 9 hours (regardless of hour meter/time sheet record) if working by shift/week/month, unless stated otherwise. Our staff will commence all work at 7am and will end the day's work at 4:30pm (considered as the only shift for the day, unless permitted to work night shift, in writing). Any work done before 7am and after 4:30pm is considered as overtime and will be charged at 1.5times the rate. All refuelling, checking of lubricants, etc will be done from 7am and not before that.

* Minimum 30min. Lunch break.

* Minimum of 4.5hours/half shift charged (whether our operator is at the machine or not), if plant did not commence work, for inclement weather conditions/strikes/lockouts/poor visibility, etc.

* It should be clearly understood that we charge for Time Out and not Time Used. Time Sheets are only used as a guideline. Client will be charged from the time machine is dispatched to site, till the time the machine is off-loaded/switched off at our premises. By confirmation of hire, the Client agrees to abide by all Terms & Conditions of Hire which appears on this website and on time sheets/contracts. The Client further agrees to sign Time Sheets on a daily basis. Time Sheets, duly completed by the operator, shall be prima facie evidence of the correctness of the time sheet, whether signed by the hirer or not. However, it should be noted as above, that the hire is charged for "Time Out" and not just "Time Used".

* The company reserves the right to charge the client for hours not declared on Time Sheets but recorded as worked hours by the tracking system fitted to our plant. A minimum charge equivalent to 202 hours will be charged for monthly rates, working up to 22 working days at 9 hours per day. For daily/shift rates, a minimum and maximum of up to 9 hours would apply. For hourly rates, although a rate per hour is charged, client's are charged minimum of 9 hours per day/shift. It is to be noted that where the term "shift" is used, it is to be considered as a "day" shift, unless written confirmation from the company allows specifically for "night" (overtime).

* An account with our company will have to be opened (although upfront/cash payment) to capture all client details and surety documents signed in company AND personal capacity. Machines will not be dispatched without these/supporting documents. Cessions will have to be signed where applicable. Only original documents, signed by a commissioner of oaths, will be accepted.

* A rate of 1.5 times the usual rate will apply for all overtime work (before 7am and after 4:30pm)/weekends/public holidays.

* All sites will have to be inspected by our personnel prior to dispatching any vehicles to site, to ensure that the terrain/working conditions are acceptable to our standards. However, it is to be understood that site conditions always change and this inspection doesn't mean that you won't be responsible for damages, should there be any. Continuation of works of plant on your site does not constitute consent to working conditions on your site by ourselves. It is the Client's responsibility to ensure that our plant is working in good working conditions which do not incur any damages/safety hazards to our plant.

* In the event of downtime of any particular plant of ours (breakdowns/servicing/etc), we will endeavour to ensure that the issue is sorted in the least time possible so that productivity is least affected. In the event that we are unable to sort plant out within 48hours, we will arrange for a replacement, if possible/notify client of the situation and advise accordingly. In the event that we establish that the breakdown has been caused due to bad working conditions (regardless of whose staff was engaged to operate the plant), full hours will be charged for, as well as the cost of the breakdown (transport, labour, parts, lubricants, sundries, downtime). This includes wearing parts that have been caused to wear down unusually faster than normal circumstances.

PLEASE NOTE: Adustments with regard to hours worked (if deemed applicable to the situation, by us) will only apply to the plant with the breakdown, and not with any other plant on site, whether directly/indirectly affected by the downtime caused, whether hired to you by us or any other service provider. We will not be liable for any claims with regard to loss of time, standing time, etc. I.E: If we have an excavator and a truck working at your site, and if the excavator has a breakdown for which we accept adjustment to hours, we will only accept the adjustment of hours on the excavator (the broken down plant) and not for the truck.

* All ground engaging tools/equipment (tips/blades/attachments, etc) will be charged to the Client.

* Should credit facilities be granted, interest will be charged on all overdue accounts. All invoices should be paid within 7 days from invoice. Should either party terminate the hire contract before the anticipated completion date, for whatever reason, in such circumstances, all monies owed will become payable immediately. Interest at 25%p.a will be levied against invoices not paid within 7 days of receipt of invoice. No "disputes" declared on invoices will be tolerated to buy time instead of settling invoice. Such disputes, if justifiable, may be raised after payment, and if deemed true, will be reimbursed at the discretion of the company.

* The company shall be entitled, but not obliged, to institute legal proceedings arising out of or in connection with the hire contract in the Magistrate's Court having jurisdiction over the person of the client, notwithstanding the fact that its claim may otherwise exceed the jurisdiction of the said Court. For cross-border transactions, the company and client agree to institute proceedings in the Magistrate's Court having jurisdiction over the geographical area in which the company is domicile and the hire contract shall be interpreted in accordance with the law of the Republic of South Africa.

* We reserve the right to off--hire plant at any time should the working conditions not be acceptable to us, or if the Client is in breach of contract. We will not be held liable for any downtime caused, loss of business, penalties, etc. In such case, all monies due, or to be due, will be payable immediately.

* The hirer is not allowed to:
- Perform any repairs/welding/jump-starting/modifications to our plant under any circumstances
- Allow any other person to operate the plant.
The client will be liable for all damages resulting from the above.

* The client shall be liable for all legal fees and disbursements on the attorney and client scale, including collection charges, tracing costs, interest, etc, pertaining to the recovery of any amount owing to the company on any overdue account.

* Should there be a breach of contract by the client, we reserve the right to list/report the client to any association, credit bureau, agency, municipalities, government departments, large businesses, etc regarding such breach of contract.

* We reserve the right to test any fuels used in any of our plant, and to decline the use thereof, should the quality be unacceptable to the standards of our company.

* We reserve the right to transport/move vehicles to a safe parking area, should it be deemed that the client's parking area is not safe enough, at the cost of the client. Alternatively, the company may engage the services of a private security company, at the cost of the client.

* The company will not be held responsible for any consequential loss due to any breakdowns of its equipment, e.g. costs incurred for other equipment standing, etc.

* All rates are subject to change without prior notice. Above rates are to be used as a guideline only. All rates are quoted according to the working conditions of the particular site where plant will be working, as each site differs.

* The client will be responsible for the costs of any modifications to our plant/attachments, for carrying out any works at its site. This includes standing time while modifications are being done, as well as standing time while plant is being restored to original condition.

* No relaxation or indulgence granted by the company to the client and/or the surety/ies shall be deemed to be a waiver of any of the rights of the company in terms of this Terms & Conditions of Hire and such relaxation or indulgence shall not be deemed to be a novation of any of the terms of this Terms & Conditions of Hire.

* By engaging the services of the company/hiring plant from the company, the Client accepts the Terms and Conditions of Hire and agrees to be bound by such Terms and Conditions of Hire.

* The Company, in consideration of the payment of, or an undertaking by the hirer to pay the amount of the hire charges calculated in terms of the hire rates set out in the Hire Contract, lets to the hirer, and the hirer hires the Plant described in the Hire Contract. The conditions of hire set out in this document/web page take precedence over any other conditions which may have been included in the hirerís offer to hire. This agreement records the whole agreement between the Company and the hirer and overrides all other agreements, terms or conditions purporting to relate to the hire of the Plant and collateral verbal agreements are expressly excluded. No conditions, terms or representation not expressed herein shall be binding on the Company and no variation shall be binding on the company unless reduced to writing and agreed to by the Company.



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