Towing Terms and Conditions

Please note that the terms of the General Policy Terms and Conditions is applicable to this policy document and its terms are accordingly incorporated herein as if specifically incorporated, mutatis mutandis.

  1. Definitions
     
    1. company”: the respective towing service applicable;
    2. customer”: the person described on the towing slip.
       
  2. Acceptance
     
    1. The towing of the vehicle by the company will be deemed to have been affected on the Terms and Conditions herein contained, notwithstanding that the customer may not have signed these Terms and Conditions.
       
  3. Remuneration
    1. The customer has instructed the company to tow the customer’s vehicle to the location provided and if no such location is provided, to an address deemed suitable by the company.
    2. The customer undertakes to pay the company’s usual charges for such services, which are based upon the number of kilometres travelled.
    3. The customer agrees that the customer will be liable for the storage costs of storing the vehicle on a daily basis at the company’s usual rates, which are available upon request, from the day after the vehicle is towed to the above mentioned location until the vehicle is removed by the customer from such location with the consent of the company.
       
  4. Payment of Remuneration
     
    1. In the absence of any special provisions to the contrary, payment will be effected by the customer in cash, by cheque, or by credit card, upon presentation of the company’s invoice in respect of such services, failing which the company will be entitled to charge interest on such overdue sums at the maximum rate permissible in terms of the Usury Act from the date of invoice to date of final payment and to recover all legal costs incurred in claiming such amount on the attorney and own client scale.
    2. The customer may not raise any claim, dispute, or counterclaim as a reason for deferring payment and the customer may not withhold any payment set-off any claim or counterclaim that it may wish to raise against the sum invoiced by the company.
       
  5. Customer’s Warranties
     
    1. The customer warrants that the customer is the owner of the vehicle or that the customer has the necessary authority, as the agent of the owner, to enter into this agreement and hereby indemnifies the company against any claim of nay nature made by any party arising out of or related to the conclusion of this agreement and the vehicle towed.
       
  6. Company’s Lien
     
    1. The customer agrees, as security for all monies (whether past or present) due for the towing of vehicle and/or the storage thereof, the company will have a lien over the vehicle.
    2. The customer agrees that should the vehicle not be reclaimed by the customer within 90 (ninety) days from the date that the vehicle is towed, or should the customer’s indebtedness not be settled within 90 (ninety) days after having become due, the company will be entitled, without further notice:
      1. to sell the vehicle in such a manner and on such Terms and Conditions as it deems fit;
      2. to apply the process of any sale after deducting all expenses thereof in payment or reduction of any amount due by the customer to the company (including storage charges), provided that any surplus will be paid over to the customer without interest immediately after the sale, if the customer’s address is known, and if not, upon demand made by the customer within 30 (thirty) days of the sale.
    3. The company will not be liable for any loss or damage to the vehicle attributable to the implementation of this clause.
       
  7. Company’s Liability for Damage or Loss
     
    1. The vehicle will be towed at the sole risk of the customer (or owner).
    2. The customer hereby exempts the company from and indemnifies the company against all liability of whatsoever nature, arising directly or indirectly from the towing and/or storage of the vehicle.
    3. This exemption and indemnity includes, but is not restricted to, any liability for direct and/or consequential loss or damages for personal injury, or damages arising from the loss of the vehicle (or any items contained in the vehicle), the failure to deliver the vehicle adequately or at all, or from or to the correct address, or from any other cause arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of the company, its servants, agents or employees, or otherwise.