Fenix Plant and Equipment Hire (Pty) Ltd
Registration number: 2002/003674/07
Physical address: 19 Kaplan Street, Charleston Hill, Paarl, 7646
Telephone: 021 879 1931
Email: johannes@fenixplant.co.za
Version: [1.0 – effective 1 July 2026]
In these Conditions:
1.1. “Fenix” means Fenix Plant and Equipment Hire (Pty) Ltd.
1.2. “Client” means the person, company or other entity named in the quotation, hire agreement, delivery note or invoice.
1.3. “Equipment” means all plant, machinery, vehicles, tools, accessories and other items supplied by Fenix, including replacement equipment.
1.4. “Agreement” means the accepted quotation, these Conditions, the delivery note and any other written document expressly forming part of the hire.
1.5. “Hire Period” means the period described in clause 6.
1.6. “Site” means the location at which the Equipment is delivered, collected, stored or used.
1.7. “Business Day” means any day other than a Saturday, Sunday or South African public holiday.
2.1. These Conditions apply to every quotation and hire of Equipment by Fenix.
2.2. The Client accepts these Conditions when it:
signs or accepts a quotation or hire agreement;
instructs Fenix to proceed;
takes delivery or possession of the Equipment; or
uses the Equipment.
2.3. The quotation and these Conditions constitute the entire Agreement unless Fenix agrees otherwise in writing.
2.4. If there is a conflict, the accepted quotation takes precedence regarding the Equipment, price, Hire Period and Site. These Conditions apply to all other matters.
2.5. A person accepting a quotation on behalf of the Client confirms that they are authorised to bind the Client.
3.1. A quotation is valid for [14] calendar days, unless another period appears on the quotation.
3.2. Equipment remains subject to availability until the Client accepts the quotation and Fenix confirms the booking.
3.3. Prices are [inclusive/exclusive] of VAT as indicated on the quotation.
3.4. Delivery, collection, fuel, operators, insurance, cleaning, consumables and other charges are excluded unless expressly included.
3.5. Fenix may correct an obvious clerical or calculation error in a quotation after notifying the Client.
4.1. The Equipment remains the sole property of Fenix at all times.
4.2. The Client receives only a temporary right to possess and use the Equipment in accordance with the Agreement.
4.3. The Client may not sell, pledge, mortgage, sublet, lend, dispose of or otherwise encumber the Equipment.
4.4. The Client must not remove, obscure or alter any serial number, identification mark, safety notice or ownership label.
4.5. The Client must immediately notify Fenix if the Equipment is attached, seized or claimed by another person.
5.1. Delivery and collection dates and times are estimates unless expressly guaranteed in writing.
5.2. The Client must provide:
safe and lawful access to the Site;
firm and reasonably level ground;
sufficient space for the delivery vehicle;
a safe area for loading and offloading; and
any permits, authorisations or traffic arrangements required at the Site.
5.3. Waiting time, failed delivery or collection, restricted access, abnormal transport and additional handling may be charged to the Client at Fenix’s applicable rates.
5.4. The Client or its representative must be present to receive and inspect the Equipment unless otherwise agreed.
5.5. When the hire ends, the Equipment must be clean, accessible and safely available for collection at the agreed location.
6.1. The Hire Period begins when:
the Equipment leaves Fenix’s premises for delivery; or
the Client collects the Equipment,
whichever applies.
6.2. The Hire Period continues until the Equipment is returned to Fenix or Fenix confirms that it has collected the Equipment.
6.3. Merely notifying Fenix that the Equipment is no longer required does not end the Hire Period. The Equipment must be available and reasonably accessible for collection.
6.4. Unless otherwise stated, hire rates are based on [eight operating hours per day, five days per week]. Additional hours may be charged separately.
6.5. Weekends, public holidays and periods during which Equipment remains in the Client’s possession form part of the Hire Period unless the quotation expressly states otherwise.
7.1. The Client must inspect the Equipment on delivery or collection.
7.2. Visible shortages, defects or damage must be recorded on the delivery note or reported to Fenix immediately.
7.3. If no visible issue is recorded or promptly reported, the Equipment will be regarded as having been received in apparent good order, subject to latent defects that could not reasonably have been discovered.
7.4. The Client must allow Fenix reasonable access to inspect, maintain, repair or recover the Equipment.
8.1. The Equipment may be used only:
for its intended purpose;
within its rated capacity;
at the Site stated in the quotation;
in accordance with the manufacturer’s instructions; and
in compliance with applicable legislation and safety requirements.
8.2. The Client may not move the Equipment to another Site without Fenix’s prior written approval.
8.3. The Client must not alter, modify or repair the Equipment without Fenix’s prior written approval, except for routine checks expressly authorised by Fenix.
8.4. The Equipment may not be used:
recklessly, negligently or unlawfully;
while overloaded;
in unsafe ground or weather conditions;
by an intoxicated or medically unfit person; or
for transporting prohibited or hazardous materials unless approved in writing.
9.1. Unless Fenix supplies an operator under the quotation, the Client is responsible for providing competent, trained and legally authorised operators.
9.2. The Client must ensure that operators receive appropriate instruction and use the required personal protective equipment.
9.3. The Client is responsible for supervising the Equipment’s operation and maintaining a safe working area.
9.4. Where Fenix supplies an operator, the Client remains responsible for Site control, access, ground conditions, hazard identification and safe work instructions specific to the Site.
9.5. Fenix or its operator may suspend work where conditions appear unsafe. Reasonable standing time may remain chargeable when the unsafe condition is outside Fenix’s control.
10.1. The Client must perform the normal daily checks communicated by Fenix, including checking fluid levels, tyres, tracks, warning indicators and visible damage.
10.2. Only the correct fuel, oils and consumables may be used.
10.3. The Client must not continue operating Equipment that shows a warning, defect, leak, abnormal noise or unsafe condition.
10.4. Fuel shortages, contamination, punctures, avoidable cleaning and damage caused by improper maintenance or operation may be charged to the Client.
10.5. Fenix remains responsible for ordinary servicing and repairs resulting from fair wear and tear, unless otherwise agreed.
11.1. A breakdown or malfunction must be reported to Fenix immediately.
11.2. The Client must stop using the Equipment if continued operation could cause injury or further damage.
11.3. The Client may not arrange repairs without Fenix’s prior written approval.
11.4. Where a breakdown results from fair wear and tear, Fenix will take reasonable steps to repair or replace the Equipment, subject to availability.
11.5. Where a breakdown results from misuse, negligence, improper fuel, overloading, unauthorised repair or breach of the Agreement, the associated costs and continuing hire charges may be charged to the Client.
11.6. Any hire-credit for unusable Equipment is limited to the period after Fenix received notice and had a reasonable opportunity to inspect the Equipment.
IMPORTANT RISK NOTICE: Plant and machinery can cause serious injury, death and substantial property damage if used incorrectly. The Client must ensure that the Equipment is used only by competent persons, in a safe environment and in accordance with all operating and safety instructions.
12.1. The Client is responsible for the safe custody and reasonable protection of the Equipment throughout the Hire Period.
12.2. The Client must take reasonable precautions against theft, vandalism, unauthorised use, fire, flooding and weather damage.
12.3. Loss, theft or material damage must be reported immediately to Fenix and, where appropriate, to the South African Police Service.
12.4. The Client must provide Fenix with the police case number and all reasonably requested information and assistance.
12.5. To the extent permitted by law, the Client is responsible for reasonable repair or replacement costs arising from loss, theft, misuse, negligence, unauthorised use or breach of the Agreement while the Equipment is under the Client’s control.
12.6. The Client is not responsible for fair wear and tear or a latent defect not caused or worsened by the Client.
12.7. Hire charges may continue while Equipment is missing or undergoing repairs for damage attributable to the Client, subject to applicable law and Fenix’s duty to act reasonably.
13.1. Unless the quotation expressly states that insurance is included, the Client must arrange adequate insurance for:
loss or theft of the Equipment;
accidental damage;
third-party property damage;
public liability; and
any other reasonably foreseeable risk associated with its use.
13.2. On request, the Client must provide reasonable proof of insurance.
13.3. Insurance does not release the Client from obligations that are not paid or covered by the insurer.
13.4. Fenix does not warrant that the Client’s insurance provides sufficient cover.
14.1. The Client must pay the charges specified in the quotation and any properly incurred additional charges.
14.2. Payment is due within [7/14/30] calendar days from the invoice date, unless the quotation states otherwise.
14.3. Fenix may require a deposit, prepayment or credit approval before confirming or continuing the hire.
14.4. The Client may not withhold or deduct payment unless entitled to do so under applicable law or agreed by Fenix in writing.
14.5. A disputed invoice must be raised in writing within [7] days, identifying the disputed item and the reason. Undisputed amounts remain payable when due.
14.6. Overdue amounts may bear interest at [the prime lending rate published by Fenix’s principal bank plus 2% per year], calculated from the due date until payment, subject to applicable law.
14.7. The Client is liable for reasonable, lawful recovery costs incurred because of an uncured payment default.
15.1. Fenix may apply a deposit to unpaid hire charges, repairs, cleaning, fuel, loss or any other amount lawfully due.
15.2. Applying the deposit does not limit Fenix’s right to recover any remaining balance.
15.3. Any remaining deposit balance will be refunded within a reasonable period after the Equipment has been returned, inspected and all amounts have been determined.
16.1. A booking cancellation must be submitted in writing.
16.2. Fenix may charge a reasonable cancellation amount, taking account of:
notice given;
transport or other costs already incurred;
the period for which the Equipment was reserved;
the likelihood of hiring it to another client; and
any discount granted for the intended Hire Period.
16.3. No arbitrary or unreasonable cancellation penalty will be charged where the Consumer Protection Act applies.
16.4. Where section 14 of the Consumer Protection Act applies to a fixed-term consumer agreement, the Client may cancel on 20 Business Days’ written notice. The Client remains liable for amounts due up to cancellation and a reasonable cancellation penalty permitted by law.
16.5. Rights relating to direct marketing and other statutory cooling-off periods remain unaffected where applicable.
17.1. The Client is in default if it:
fails to pay an amount when due;
materially breaches the Agreement;
uses the Equipment unlawfully or unsafely;
abandons, sells or encumbers the Equipment;
becomes subject to liquidation, business rescue or insolvency proceedings; or
places the Equipment at material risk.
17.2. Where required by applicable law, Fenix will give the Client written notice and a reasonable or legally prescribed opportunity to remedy the default.
17.3. If the default is not remedied, or if immediate action is reasonably necessary to protect people or property, Fenix may suspend performance, terminate the hire and require the Equipment’s return, subject to applicable law.
17.4. The Client must provide reasonable access for lawful collection of the Equipment. Nothing in these Conditions authorises unlawful entry or self-help.
17.5. Termination does not affect rights or payment obligations that arose before termination.
IMPORTANT LIMITATION AND INDEMNITY NOTICE: This clause may limit Fenix’s liability and may require the Client to compensate Fenix for certain third-party claims. It must be read before the quotation is accepted.
18.1. Neither party excludes liability that cannot lawfully be excluded, including liability arising under the Consumer Protection Act where applicable.
18.2. Fenix is not liable for loss caused by:
the Client’s misuse, negligence or unlawful conduct;
use contrary to instructions or rated capacity;
unsafe Site conditions outside Fenix’s control;
an unauthorised repair or alteration;
incorrect fuel or consumables; or
failure to stop using Equipment after a defect becomes apparent.
18.3. To the extent permitted by law, Fenix is not liable for indirect, special or consequential loss, including loss of profit, production, contract or business opportunity.
18.4. Where Fenix is legally liable, its aggregate contractual liability will, to the extent permitted by law, be limited to the hire charges paid or payable for the affected Equipment during the event giving rise to the claim.
18.5. Clause 18.4 does not apply to fraud, gross negligence, wilful misconduct, death or personal injury to the extent that liability cannot lawfully be limited.
18.6. To the extent permitted by law, the Client indemnifies Fenix against third-party claims arising from the Client’s negligent, unlawful or unauthorised possession or use of the Equipment.
18.7. This clause must not be interpreted as excluding any statutory right or remedy that cannot lawfully be excluded.
19.1. Neither party is liable for a delay caused by circumstances beyond its reasonable control, including severe weather, fire, flood, civil unrest, transport disruption, strike, government restriction or widespread utility failure.
19.2. The affected party must notify the other party and take reasonable steps to reduce the delay.
19.3. This clause does not excuse payment for Equipment or services already supplied.
19.4. If the delay continues for an unreasonable period, either party may terminate the affected portion of the Agreement by written notice, subject to accrued obligations.
20.1. Fenix may process the Client’s and its representatives’ personal information for quotations, credit checks, account administration, delivery, collection, safety, fraud prevention, legal compliance and enforcement of the Agreement.
20.2. Fenix will process personal information in accordance with applicable South African data-protection law and its privacy notice available at [insert privacy-policy URL].
20.3. The Client confirms that it is authorised to provide the personal information of its representatives and contact persons for these purposes.
21.1. Operational notices may be sent using the email addresses or telephone numbers stated in the quotation.
21.2. Formal notices must be delivered by hand or email to the addresses stated in the quotation or subsequently updated in writing.
21.3. An email is regarded as received on the next Business Day unless the sender receives a delivery-failure notification.
21.4. Each party must notify the other promptly of changes to its contact details.
22.1. A complaint should first be submitted to Fenix at [complaints email address], with the quotation or invoice number and supporting information.
22.2. The parties will attempt in good faith to resolve a dispute through direct discussion.
22.3. Nothing in these Conditions prevents a consumer from using any complaint, ombud, tribunal or court process available under applicable law.
22.4. Subject to applicable consumer law, the parties consent to the jurisdiction of the Magistrates’ Court having jurisdiction, even if the amount claimed exceeds its ordinary monetary limit. Fenix may nevertheless approach another court with jurisdiction.
23.1. South African law governs the Agreement.
23.2. No amendment or waiver is effective unless recorded in writing and agreed by authorised representatives, except where the law provides otherwise.
23.3. A failure or delay in enforcing a right is not a waiver of that right.
23.4. If any provision is unlawful or unenforceable, it will be severed or limited to the minimum extent necessary. The remaining provisions continue to apply.
23.5. The headings are for convenience and do not affect interpretation.
23.6. Electronic signatures, email acceptance and electronically stored records may be used to conclude and prove the Agreement, subject to applicable law.
23.7. The English version of these Conditions applies. If Fenix provides a translation, it is for convenience unless expressly agreed otherwise.
24.1. The applicable Conditions are the version identified on the quotation and available at the stated website address when the quotation is accepted.
24.2. Later website amendments do not retrospectively change an existing Agreement unless both parties lawfully agree to the change.
24.3. Fenix will retain archived versions and make the applicable version available to the Client on reasonable request.