Legal
Hire Terms & Conditions
Last updated: September 2026
Draft notice: this document is a first draft prepared for review against the Consumer Protection Act 68 of 2008 and standard South African plant-and-tool hire practice. Figures in [brackets] must be confirmed before publication.
1. Parties and agreement
These terms apply between The Tool Shed Company, a division of TOOLSHEDLINE & CO. ("the Owner"), and the person or entity hiring equipment ("the Hirer"). A hire contract is formed when the Owner issues a written quotation and the Hirer accepts it and pays the required deposit. These terms, the quotation and any signed hire agreement together form the contract.
2. Hire period and charges
The hire period runs from collection or delivery until the equipment is returned to and accepted by the Owner. Hire charges accrue for the full period booked; early return does not automatically reduce the charge unless agreed in writing. Equipment not returned by the agreed date continues to accrue charges at the quoted rate until returned.
3. Deposit and payment
A refundable deposit of [amount or % to be confirmed] and the first hire payment are payable before collection or delivery. The deposit is refunded on return of the equipment in good condition, fair wear and tear excepted, less any amounts due for damage, loss, cleaning, consumables or overdue hire.
4. Cancellation
Cancellations made more than [48] hours before the hire start date receive a full refund of amounts paid. Later cancellations may incur a cancellation fee of [amount or % to be confirmed], subject to the Consumer Protection Act where it applies.
5. Use of equipment
The Hirer must use the equipment only for its intended purpose, in accordance with the manufacturer's operating and safety instructions, and by competent, and where required licensed or trained, operators. The Hirer must not sub-hire, lend, modify or remove the equipment from the agreed site without the Owner's written consent.
6. Care, damage and loss
The Hirer is responsible for the equipment from collection or delivery until return. The Hirer is liable for loss, theft or damage beyond fair wear and tear, and for the reasonable cost of repair or replacement. The Hirer must store equipment securely and report any fault, damage or loss to the Owner immediately. The Hirer must not attempt repairs.
7. Breakdowns
If equipment breaks down through no fault of the Hirer, the Owner will repair or replace it within a reasonable time, or refund charges for the affected period. The Owner is not liable for indirect or consequential losses (such as project delays) arising from breakdown or unavailability.
8. Delivery and collection
Delivery and collection, where quoted, are to the address stated on the quotation. The Hirer must ensure safe access. Waiting time, failed deliveries or collections caused by the Hirer may incur additional charges.
9. Health and safety
The Hirer is responsible for compliance with the Occupational Health and Safety Act 85 of 1993 on site, including the use of appropriate personal protective equipment and safe systems of work.
10. Liability and indemnity
To the extent permitted by law, the Hirer indemnifies the Owner against claims arising from the Hirer's use of the equipment. Nothing in these terms excludes liability that cannot lawfully be excluded, including under the Consumer Protection Act 68 of 2008.
11. Ownership
Equipment remains the property of the Owner (or its supplier) at all times. The Hirer acquires no ownership rights.
12. Contact
Hire desk: hire@toolshedcompany.co.za. See also our website terms and privacy policy.