Terms & Conditions for Hire
BRIGHT SITE SOLUTIONS (PTY) LTD
STANDARD TERMS & CONDITIONS FOR THE HIRE OF EQUIPMENT
Version: December 2025
These terms and conditions (“Terms”) apply to all hire of equipment by Bright Site Solutions (Pty) Ltd (“Bright Site”, “we”, “us”, “our”) to our customers (“Hirers”, “you”, “your”).
Different provisions apply to:
Part A – General terms (apply to both Consumers and Traders)
Part B – Extra terms for Consumers only
Part C – Extra terms for Traders / Business Customers only
A “Trader” (or Business Customer) is a person or entity hiring equipment mainly for business, trade or professional purposes.
A “Consumer” is an individual hiring equipment mainly for personal use, not related to a business, trade or profession.
Before placing an order you should read these Terms carefully. They contain important information about Bright Site, your obligations, and our liability.
PART A – GENERAL TERMS (TRADERS AND CONSUMERS)
1. Definitions
In these Terms:
“Additional Charges” – any extra charges payable in addition to the hire Charges, including (without limitation) delivery / collection fees, cleaning charges, refuelling charges, damages, loss, late return charges and any other amounts referred to in these Terms or in your hire contract.
“Charges” – the hire charges for the Equipment, as shown in our quotation / online order / invoice or (if not stated) our standard rates in force on the date we accept your order.
“Commencement Date” – the date on which we accept your order and a Contract is formed (see clause 3).
“Contract” – the contract for the hire of Equipment between Bright Site and the Hirer, made up of these Terms and the specific order details (in-branch, online or otherwise).
“Deposit” – any deposit Bright Site requires you to pay or pre-authorise as security for payment of Charges, Additional Charges or loss / damage to Equipment.
“Equipment” – the items of equipment you hire from us, including any accessories, manuals and instructions supplied.
“Hire Period” – the period of hire stated in the Contract, as extended or ended in line with these Terms.
“Hirer” / “you” – the Consumer or Trader identified in the Contract.
“Order” – your order for the hire of Equipment, placed in a branch, by phone, email, or via our website.
“Replacement Cost” – the cost of replacing any lost, stolen or irreparably damaged Equipment with new, including: (i) the current new replacement price; (ii) any unpaid hire Charges that would have been payable until replacement; and (iii) a reasonable administrative fee for arranging replacement.
“Site” – the delivery / collection address or any premises where the Equipment is located.
“Terms” – these standard terms and conditions as updated from time to time.
Unless the context requires otherwise:
words in the singular include the plural and vice versa;
any reference to a “person” includes individuals, companies and other legal entities.
If there is any conflict between Part A and Part B/C, Part A applies generally and Parts B or C apply additionally depending on whether you are a Consumer or a Trader.
2. Information about Bright Site and Contact Details
2.1 Who we are
Bright Site Solutions (Pty) Ltd is a company registered in the Republic of South Africa. Our full company details (registration number, registered address and VAT number) appear on our invoices and website.
2.2 How to contact us
If you have any questions or complaints, you can contact us at:
Email: contact@brightsite.co.za
Or via the contact details on our website: www.brightsite.co.za
2.3 How we will contact you
We will contact you by phone, email or post using the details you provide in your Order.
3. Formation of Contract and Orders
3.1 Your order is an offer
When you place an Order you are offering to hire Equipment from us on these Terms. You are responsible for ensuring the Equipment you order is suitable for your needs.
3.2 Our acceptance
A Contract is formed when we confirm acceptance of your Order in writing (including email or automated online confirmation) or when we make the Equipment available for collection, whichever happens first.
3.3 If we cannot accept your order
If we are unable to accept your Order (for example, because the Equipment is unavailable or you do not meet our account/identification requirements) we will inform you and will not charge you for that Equipment (or we will refund any amount already paid for that Equipment).
3.4 Hire Period
The Contract starts on the Commencement Date and continues for the Hire Period, unless ended earlier in accordance with these Terms.
3.5 Equipment availability and substitution
If we cannot supply the exact Equipment ordered at the start of the Hire Period, we may offer a substitute of similar type and standard. You may reject the substitute; in that case any amounts you have paid in advance for the unavailable Equipment will be refunded.
3.6 Minimum hire periods
Some Equipment may be subject to a minimum Hire Period. If you cancel or return that Equipment before the minimum period ends (where we are not at fault), we may charge you the full Charges for the minimum Hire Period.
4. The Equipment
4.1 Ownership
The Equipment always remains the property of Bright Site (or our suppliers). You only obtain the right to use the Equipment for the Hire Period; no ownership or other rights pass to you.
4.2 Right to quiet possession
As long as you comply with the Contract, you are entitled to quiet possession of the Equipment during the Hire Period.
4.3 Reporting issues and damage
You must notify us immediately if the Equipment is lost, stolen, damaged, defective or if you believe it might cause damage or injury.
4.4 Inspection and access
You must allow us (and our authorised representatives or suppliers) reasonable access to the Site, on reasonable notice, to inspect, test, repair or recover the Equipment.
4.5 Fuel
Where Equipment is supplied with fuel, you must return it with at least the same level of fuel. If not, we may recharge you for refuelling at our then-current rates.
4.6 Use and care of Equipment
You must:
keep the Equipment in good condition (fair wear and tear excepted) and not attempt to repair it yourself – notify us if repair is needed;
use the correct fuel, oil, consumables and voltage;
comply with all applicable laws, safety regulations and user instructions, including occupational health and safety requirements;
not remove, deface or obscure any identification, branding or safety markings on the Equipment;
not permanently attach the Equipment to any building or land without our written consent;
not sell, hire out, pledge, sub-lease or otherwise part with possession or control of the Equipment without our written consent;
not do anything that may invalidate our insurance;
keep the Equipment secure at all times while in your possession and take appropriate measures to prevent theft or damage, especially when the Equipment is not in use.
4.7 Damage or loss
Unless otherwise agreed in writing or covered by any Damage Waiver (see clause 7):
you are responsible for all costs of repairing any damage (beyond fair wear and tear) and for cleaning the Equipment so it is fit for re-hire;
you will continue to pay hire Charges until cleaning/repairs are completed;
if the Equipment is lost, stolen or damaged beyond economical repair, you must pay the Replacement Cost, and hire Charges will continue until that amount is paid in full.
4.8 Return of Equipment on expiry or termination
At the end of the Hire Period or if the Contract terminates for any reason, all Equipment must be returned to us immediately (or made available for collection).
4.9 Right of entry to recover Equipment
You irrevocably authorise us, our employees, agents or contractors to enter any premises where the Equipment is located (or reasonably believed to be located), at reasonable times, in order to inspect, recover or substitute the Equipment. This does not affect any other rights we may have.
4.10 Substitution
We may, on reasonable notice, replace Equipment with similar equipment of equivalent standard.
5. Delivery and Collection
5.1 Delivery time
During the order process we will advise you of the expected delivery or collection time. Dates and times are estimates and not guaranteed, but we will use reasonable efforts to meet them.
5.2 Events outside our control
If our ability to supply or collect Equipment is affected by events outside our reasonable control (for example, strikes, breakdowns, extreme weather, supply chain disruption, load-shedding or health emergencies), we will notify you and take reasonable steps to minimise delay. We are not liable for delays caused by such events. If there is a risk of substantial delay, you may cancel the affected part of the Contract and we will refund any amounts you have paid for Equipment not supplied.
5.3 Access to the Site
You are responsible for making sure the Site is safe and accessible for delivery and collection (including suitable access routes, ground conditions and clearance for our vehicles). If we cannot deliver or collect because we are denied access, or the Site is unsafe or unprepared, we may charge additional fees (including wasted journey and redelivery charges).
5.4 When risk passes
Responsibility for loss, theft, damage or destruction of the Equipment passes to you:
on delivery at the Site (or when you collect from our branch); and
remains with you until we have collected the Equipment and it is loaded back onto our vehicle, or (if you return it) until we sign for its return.
5.5 Information we need from you
We may need certain information from you (for example, Site details, access instructions or contact details). If you do not provide this information within a reasonable time, or provide incorrect information, we may end the Contract or charge Additional Charges for extra work or delay.
5.6 Collection
You must make Equipment available for collection at the agreed time and provide us with access to the Site. If we are unable to collect because Equipment is not ready or accessible, we may charge for wasted journeys and additional hire.
5.7 Branch collections and returns
If you collect or return Equipment at our branch, you are responsible for loading and securing the Equipment safely in your vehicle and for any damage or injury arising from unsafe loading or transport.
6. Charges and Payment
6.1 Charges
Our Charges (including VAT) are shown on your quotation, order confirmation or invoice, or as otherwise agreed. If VAT or any other tax changes, we will adjust prices accordingly where legally required.
6.2 Changes to Charges
We may adjust Charges and Additional Charges to reflect:
changes in your requirements;
increased costs from our suppliers;
incorrect or incomplete information provided by you; or
delays caused by you (for example, late return, missed collection, extra cleaning).
6.3 Deposits and card pre-authorisations
We may require a Deposit, payment in advance, and/or card pre-authorisation at the time of order or prior to delivery.
6.4 Use of Deposit
We may apply all or part of the Deposit towards any unpaid Charges, Additional Charges, Replacement Cost or other amounts you owe us. Any remaining balance will be returned to you after all Equipment has been returned and inspected.
6.5 When and how to pay
Unless we agree otherwise in writing:
Consumers / cash customers – Charges are payable upfront or on collection/return as shown in your order.
Account customers / Traders – invoices are payable within the credit terms stated on the invoice or account agreement (commonly 30 days from invoice date).
6.6 Late payment
If you do not pay on time:
we may charge interest on overdue amounts (see Part B clause 15 for Consumers, Part C clause 20.5 for Traders);
we may suspend further hires or services until all overdue amounts are paid; and
you will be liable for our reasonable costs of collection (including legal fees).
7. Optional Damage Waiver (if offered)
If we offer a Damage Waiver option and you choose to purchase it, the following applies. (If not offered or not taken, this clause does not apply.)
7.1 What Damage Waiver does
Provided you have paid the Damage Waiver fee (as specified in your hire agreement or price list) and complied with this clause, we will waive our right to charge you for:
accidental damage to Equipment; and/or
theft of Equipment,
up to the limits and subject to the exclusions set out below.
7.2 Conditions
Damage Waiver applies only if:
you have taken reasonable care to protect the Equipment (including proper storage and security);
any theft is reported to the South African Police Service and a case/reference number is obtained; and
you notify us within 48 hours of becoming aware of the loss or damage and complete any forms we reasonably request.
7.3 When Damage Waiver does not apply
Damage Waiver does not cover, and you remain fully liable for:
loss of consumable items;
loss or damage arising from your (or your staff’s/agents’) negligence, misuse, abuse or deliberate acts;
theft where the Equipment is left unsecured, visible in an unattended vehicle, or outside a locked building/secured yard;
loss discovered only during stock-take or on collection;
loss or damage occurring outside South Africa;
loss or damage where you breach the Contract (for example, in relation to care and security of the Equipment).
7.4 Excess / limits
Damage Waiver may be subject to:
an excess (deductible) per incident; and/or
a maximum amount per Contract,
as stated in our Damage Waiver schedule or your hire agreement. You remain liable for any amount above those limits.
8. Ending the Contract
8.1 Termination for breach or insolvency
Either party may terminate the Contract immediately by written notice if the other:
commits a material breach which cannot be remedied;
commits a remediable breach and does not remedy it within 7 days after written notice; or
becomes insolvent, is placed under business rescue, liquidation, or any similar procedure.
8.2 Termination on notice
Unless a minimum Hire Period applies, either party may terminate the Contract on at least 5 days’ written notice.
8.3 Our right to terminate
We may also terminate the Contract immediately if:
you fail to provide required information within a reasonable time;
you do not allow us or our supplier to deliver or collect the Equipment;
the Equipment is lost, stolen, seized, confiscated or, in our reasonable opinion, damaged beyond repair;
you fail to pay any invoice when due;
we reasonably believe you are using the Equipment unlawfully or in a way that presents a serious risk to people or property; or
you otherwise materially breach these Terms.
8.4 Effect of termination
On termination or expiry:
your right to use the Equipment ends immediately;
you must promptly return the Equipment or make it available for collection;
we may enter the Site to recover the Equipment; and
all amounts you owe (Charges, Additional Charges, Replacement Cost, interest, recovery costs) become payable on demand.
Termination does not affect any rights or obligations that arose before termination.
9. How to End the Contract
To end the Contract, you must clearly tell us (by email or in writing) using the contact details in clause 2.2, or by using any off-hire process provided on our website.
If you end the Contract after Equipment has been dispatched or delivered, you must either return it to us or allow us to collect it. If you are responsible for return costs, we will charge you our direct collection costs.
10. Changes to these Terms
We may update these Terms from time to time. The version in force when you place your Order will normally apply to that Order.
We may change the Terms applying to a current Order if required by changes in law, regulation, safety standards or our internal processes. If we do so, we will give you reasonable notice and, if you are a Consumer and do not agree, you may cancel the Contract in respect of Equipment not yet received and obtain a refund.
11. Personal Information
Bright Site is the “responsible party” (data controller) for personal information we collect.
We process your personal information to administer your account, process Orders, manage deliveries/collections, and manage any claims or queries.
We may share your information with our suppliers and service providers where necessary to fulfil your Contract, and as otherwise required or permitted by law.
Our full privacy notice (including your rights under the Protection of Personal Information Act, 2013 (POPIA)) is available on our website.
If you provide us with someone else’s personal information, you must ensure you have their permission to share it with us.
12. General
12.1 No waiver
If we delay or do not enforce our contractual rights, this does not mean we have waived those rights. A waiver is only effective if in writing.
12.2 Severability
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions remain in full force.
12.3 No third-party rights
The Contract is between you and Bright Site. No other person has any rights to enforce its terms.
12.4 Assignment
You may not assign, transfer or sub-contract your rights or obligations without our written consent. We may assign or transfer our rights and obligations to another entity in our group or a successor business and will notify you if we do so.
13. Governing Law and Jurisdiction
These Terms and any Contract between you and Bright Site are governed by the laws of the Republic of South Africa.
Both parties submit to the exclusive jurisdiction of the South African courts (and, for convenience, you may specify something like “the Magistrates’ Court or High Court with jurisdiction over Pretoria” in the final version, subject to legal advice).
PART B – EXTRA TERMS FOR CONSUMERS
14. Our Liability to Consumers
14.1 Foreseeable loss
If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of Contract or our failure to use reasonable care and skill. Loss is foreseeable if it was an obvious consequence or contemplated by both parties when the Contract was made.
14.2 We do not exclude liability where the law does not allow it
Nothing in these Terms excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any rights you have under the Consumer Protection Act or other mandatory law which cannot legally be excluded.
14.3 No liability for business losses
We supply Equipment to Consumers for private use. If you use Equipment for business purposes, we will not be liable for any business-related loss (such as loss of profit, revenue, contracts or opportunity).
14.4 Liability cap for property damage
Subject to clause 14.2, our liability for direct damage to your property caused by our negligence is limited to a total of R [insert cap] per incident or series of connected incidents. If you believe your property has a higher risk or value, you must inform us in writing before delivery so we can discuss additional cover or precautions.
15. Late Payment – Consumers
If you do not pay us any amount due by the due date, we may charge interest on the overdue amount at a rate not exceeding the maximum rate allowed by South African law for overdue consumer debts, calculated daily from the due date until payment.
PART C – EXTRA TERMS FOR TRADERS / BUSINESS CUSTOMERS
16. Hirer’s Terms Do Not Apply
Your own purchase conditions or terms (for example those printed on a purchase order) do not apply to any hire, even if you refer to them in your documents. The Contract is governed exclusively by these Terms (and any written variations signed by us).
17. Equipment – Business Use
17.1 Your inspection and control
You are responsible for inspecting the Equipment on delivery and ensuring it is suitable for your intended use. If you part with possession or control of the Equipment without our written consent, the Equipment will be treated as lost after 5 days unless it is returned, and you will be liable for the Replacement Cost and ongoing Charges until settlement.
17.2 Equipment condition
We will ensure that, on the Commencement Date, the Equipment is of satisfactory quality and fit for its usual intended purpose and complies with applicable safety laws.
17.3 Reporting defects
If you become aware of any defect, you must notify us in writing as soon as reasonably practicable.
17.4 Remedies
Where Equipment fails to comply with clause 17.2 (and the failure is not caused or contributed to by your acts, omissions or misuse), we will at our option:
repair the Equipment;
replace it with similar equipment; or
make a fair reduction in the Charges for the affected period.
These are your sole and exclusive remedies for defective Equipment.
18. Delivery – Business Customers
Time for delivery and collection is not of the essence. If we deliver less Equipment than ordered, you must record the shortage on the delivery note and notify us immediately. You may then:
accept the lesser quantity and pay the proportionate Charges; or
reject the delivery and pay only any delivery/collection charges incurred.
If we deliver more Equipment than ordered, you may accept and pay for all of it at the applicable Charges, or reject the excess.
If Equipment is not available for inspection or collection within 5 days of the agreed date, it will be deemed lost and clause 4.7 will apply.
19. Charges and Payment – Traders
19.1 Credit accounts
If we give you a credit account:
payment is due within the period stated on the invoice (for example, 30 days from invoice date);
we may set and vary your credit limit at any time;
if you exceed the limit or fail to pay on time, we may suspend further supply or terminate the Contract.
19.2 Invoice queries
You must raise any invoice queries in writing within 14 days of invoice date. Disputed amounts do not entitle you to withhold payment of undisputed amounts.
19.3 Late payment interest
If you fail to pay any amount by the due date, we may charge interest at a rate not exceeding the maximum permitted for business-to-business debts under South African law, calculated daily from due date to actual payment, and we may suspend further services.
20. Our Liability to Traders
20.1 Non-excludable liability
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any matter for which liability cannot lawfully be excluded.
20.2 Property damage cap
Subject to clause 20.1, our total liability for direct physical damage to your tangible property caused by our negligence is limited to R [insert cap, e.g. 5,000,000] per event or series of connected events.
20.3 Overall cap
Subject to clauses 20.1 and 20.2, our total aggregate liability arising out of or in connection with any Contract (whether in contract, delict, statute or otherwise) is limited to the total Charges actually paid or payable by you under that Contract.
20.4 Excluded types of loss
Subject to clause 20.1, we are not liable for:
loss of profit, revenue or business;
loss of contracts or opportunities;
loss of production or downtime;
loss of anticipated savings;
loss of goodwill or reputation;
indirect or consequential loss of any kind.
20.5 Your liability for Equipment and Charges
Nothing in this Part C limits our right to:
recover Replacement Cost for lost or damaged Equipment (subject to any Damage Waiver taken);
recover Charges for the full Hire Period (including any remaining minimum period) on early termination; or
recover our reasonable costs of recovering Equipment and enforcing the Contract.
21. Intellectual Property
All intellectual property rights in our branding, documentation, manuals and materials remain our property (or that of our licensors). You are granted no rights other than the limited right to use the Equipment in the ordinary course of your business during the Hire Period.
22. Confidentiality
Each party must keep the other’s confidential information secret and not use it for any purpose other than performing the Contract, unless required by law or with prior written consent. These obligations survive termination.
23. Notices
Formal notices under the Contract must be in writing and delivered by hand, courier or registered post to the parties’ chosen addresses (or email, if expressly agreed). Notice is deemed received on delivery (hand/courier) or within the usual postal delivery time.
24. Entire Agreement and Relationship
The Contract (including these Terms and any written variations) is the entire agreement between us and replaces all previous discussions or agreements relating to its subject matter. Each party acknowledges it has not relied on any statement not set out in the Contract (but nothing limits liability for fraud).
Nothing in the Contract creates a partnership, joint venture or employment relationship between us.