- Parties to this Agreement. This is a legal and binding contract for the purpose of a short term rental of Products between the signer of this document (hereinafter referred to as “Renter”), and Ivory White Group (Pty) Ltd (hereinafter referred to as “Ivory White Group”).
- “Products” are items listed for rental items on www.ivorywhite.co.za and/or shop.ivorywhite.co.za.
- Rental Products. Ivory White Group maintains full ownership of all rented Products.
C. DELIVERY AND RETURN.
- Delivery Date. Rental Products will be delivered at least two (2) days prior to the Event Date specified on the Order Form.
- Return Date. Rental Products availed for collection by our courier or be dropped of at any collection location two (2) days after the Event Date specified on the Order Form. If the return date falls on a Sunday or holiday, Renter may avail rentals or deliver rentals to a collection location the next day.
- Shipping. Ivory White Group provides free ground shipping both ways on all rental items to any address in South Africa. Ivory White Group will schedule the shipment of Renter’s Products to ensure that all items are delivered at least two (2) days prior to Renter’s Event Date. For last-minute orders, express shipping is available at an additional cost. Renter will be notified at checkout if the free ground shipping method will work, or if express shipping is required.
- Rental Return Process. Ivory White Group will provide a pre-paid shipping label(s) for returning all rented Products. Renter must return products to any The Courier Guy store location. Renter may not leave packages at a The Courier Guy drop box. Rented Products are considered “Returned” as of the date that they are received and scanned in by any The Courier Guy representative. Upon return, The Courier Guy should provide a receipt to Renter documenting: 1) date of return; 2) number of packages returned; and 3) weight per package. Renter is advised to request a copy of this receipt from The Courier Guy for Renter’s records.
D. RENTER'S USE OF THE PRODUCTS.
- Proper Use. Renter agrees to use all rental Products in a careful and proper manner, and in compliance with any and all applicable regulations and laws. Renter further agrees to use all Products as prescribed in Ivory White Group instructions, as shown on the Ivory White Group website.
- Usage Instructions. Renter hereby acknowledges that she/he has received and understands the necessary instruction on the proper set-up and usage of rented Products and understands the conditions that cause failure or damage.
- Usage Instructions. The proper set-up and usage of rented Products includes, but is not limited to, the following terms and conditions: 1) Products may not be exposed to rain, water, or moisture; 2) If mounting Product overhead, always secure it to a fastening device using a safety cable; and 3) Products may not be operated in temperatures higher than 60°C.
- Claim of Ignorance. By virtue of accepting this Agreement, Renter hereby waives any claim of ignorance on the proper set-up and usage of rented Products.
E. RENTER’S RESPONSIBILITY FOR RENTAL PRODUCTS.
- Responsibility. Renter assumes full responsibility for the care of the rented Product(s) from the time they are delivered to the Renter’s address, until the time they are returned back to Ivory White Group.
- Testing. Ivory White Group will test all Products before they are shipped out to ensure all items are in proper working order. Renter must notify Ivory White Group of any problems with rented Products by sending an email to firstname.lastname@example.org within 48 hours of delivery.
- Timely Notice. Failure to provide timely notice to Ivory White Group of any problems with rented Products, including non-working or missing Products, will result in a waiver of any such claim by Renter. Ivory White Group does not bear liability for Products left unattended.
F. WARRANTIES, REPRESENTATIONS, AND INDEMNIFICATION
- Rental Condition. Renter hereby acknowledges that the rental Products are of a size, design and quantity selected by Renter and that Ivory White Group has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the rental Product for Renter’s specific uses or applications.
- Liability. Ivory White Group will not be liable to Renter for any loss or damage caused directly or indirectly by the rental Products and rental service, by any inadequacy thereof, or defects therein.
- Indemnity. Renter will indemnify Ivory White Group and hold harmless against any claim, action, damages, and liability, including attorney’s fees, arising out of or connected with Renter’s use of the rental Products or Renter’s use of Ivory White Group rental service.
G. LOST, STOLEN OR DAMAGED PRODUCTS
- Return Condition. Renter agrees to return Ivory White Group property in the same condition as when it was received. Renter agrees to full financial responsibility should the rental Products and/or any of the components, parts, or supplies be stolen, lost, damaged, destroyed by fire or any other means, or altered in any way, other than normal wear and tear. Normal wear and tear includes minor scratches, or similar minor damage.
- Return Packaging. Additionally, Renter agrees to return Ivory White Group Products in the same or comparable packaging in which it was received, to ensure Products are not damaged while in transit for return shipping. Ivory White Group will provide the necessary packaging materials. If Renter misplaces the packaging materials, Renter should contact Ivory White Group for instructions on how to package items for return.
- Authorisation to Deduct. Renter’s digital signature authorizes Ivory White Group to bill the cost of repair/replacement Products and any late charges to Renter’s credit card.
H. GOVERNING LAW AND CHOICE OF FORUM
- Governing Law. This Agreement is governed by the laws of South Africa.
- Mediation & Jurisduction. In the event of any dispute concerning this Agreement or the products rented hereunder, including any breach of this Agreement, suit may be brought in a High Court of competent jurisdiction, only after mediation by the Arbitration Foundation of Southern Africa (AFSA) has been exhausted.
I. PAYMENTS AND CANCELLATION POLICY
- Payments. Unless otherwise agreed, payment in full is due 30 days prior to the Event Date. Renter’s digital signature indicates Renter’s authorization to charge credit card for the amount displayed on the order form.
- Cancellations. Renter may change or cancel any order anytime up until the package is shipped out. A full refund will be provided within 2 business days of the cancellation notice. No refunds are available once the Products have been shipped out.
- Shipping Date. The shipping date is typically 3 – 5 business days prior to the Event Date, depending on Renter’s shipping address. Renter may contact Ivory White Group to confirm the specific ship date for his/her package.
J. ENTIRE AGREEMENT
- Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.