Hardware Rental Terms and Conditions

Version : 01

Published : November 01, 2022.


In these terms and conditions unless the context otherwise requires:

“The Company” means Tamias and any of its subsidiaries and affiliates. For the purpose of this Hardware Rental Terms and Conditions (Terms and Conditions) affiliate means any legal entity, directly or indirectly controlling, controlled by or in common control with Tamias. Where 'Control' means the possession, directly or indirectly, of the power to direct or cause the direction of the management, business or policies of another, whether through the ownership of shares, by contract or otherwise, or the power to elect at least fifty per cent (50%) of the directors, managers, partners or other individuals exercising similar authority, and 'Controlling' and 'Controlled' shall be construed accordingly;

“The Customer” means any third party including but not limited to a corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity or natural person (including his successors, representatives and permitted assign) renting equipment from the Company and where there is more than one Customer the covenants on their part contained herein shall be deemed joint and several covenants.

“Equipment” means all or any Point Of Sales (PS) hardware including POS terminal, Printers and Cash Drawer or any other goods of any kind whatsoever rented by the Customer from the Company.

1. General Conditions

The acceptance of Equipment by the Customer, or his agent, implies total acceptance of these Terms and Conditions, which cannot be changed, in part or whole, by any representative of the Company, expressed or implied, and supersedes all terms and conditions previously issued by the Company. Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order.

2. Collection and Return of Equipment

Rental charges (as agreed and set out in the Order/Quotation) commence from the time and date the equipment leaves the Company premises and terminates when equipment is received back at the Company premises. Should the Customer fail to return the equipment by the due date and time, the Rental charge payable will be an additional month’s rental charge. Should the Customer not return Equipment 24 hours after the due time, without prior arrangement with the Company, the Equipment shall be considered stolen and the Police notified. The Rental charge will continue until all Equipment is returned. The Company cannot accept any liability, consequential or otherwise, for any delay in transit causing late arrival of any Equipment.

Unless explicitly arranged with the Company, Customer is responsible for arranging and paying for return delivery on all of the Equipment rented. The Customer is responsible for making sure that any return delivery arranged ensures all rented Equipment arrive back with the Company by the specified return date and time.

3. Lost or Damaged Equipment

All Equipment rented from the Company must be returned complete and undamaged. Any lost, unreturned, or damaged Equipment will be charged to the Customer. Any deliveries arrange by the Customer will be at the Customers risk.

In the event of cancelation where payment has already been made, a credit card fee of 2.5% will apply if payment was made with Visa or Mastercard, or 3.5% if payment was made with American Express or other credit card.

4. Cancellation

Except where otherwise agreed by the Company, cancellation of booked or reserved Equipment within forty-eight hours of the time specified for collection will incur a cancellation charge equal to 15% of the Rental charges from the period originally booked or reserved.

5. Payment

Rental charges must be paid prior to the renting unless otherwise expressly agreed to in writing by the Company. A deposit may be requested from the Customer, which will be refunded upon return of the order barring any damage, missing Equipment or late changes.

(1) The Company reserves the right to refuse to rent the Equipment to the Customer in the event that the Customer fails to comply with the Company’s terms of payment.

(2) Quotes are valid for seven (7) days from the date of Order.

(3) The minimum renting period for the Equipment is thirty (30) days.

(4) The Company reserves the right to engage the services of a debt collector and pass over Customer’s details in accordance with the Companies privacy policy, in regards to any overdue payments owing to the Company. In the event that the Company is required to engage a debt collector to recover overdue payments, Customer will be responsible for all additional fees associated with the debt recovery.

6. Equipment, Risk and Insurance

(1) The Equipment shall be at the Customer’s risk from the time the Equipment leaves the Company’s premises until the time it is returned and accepted by the Company. Acceptance of returned Equipment does not release the Customer from the responsibility for the loss or damage of rented Equipment.

(2) In the event the Equipment is lost or damaged while at the risk of the Customer, the Customer shall be liable to compensate the Company for the full replacement cost or full cost of repairing the Equipment as the case may be.

(3) The Customer, employees and staff of the Customer are the only persons permitted to use the Equipment and without limiting the generality of the foregoing, the Customer shall not lend, sub rent or rehire the Equipment to any other third party without express permission from the Company.

(4) In the event that any or all of the Equipment or accessories rented are not returned, the Company reserves the right to immediately charge the Customer the full cost of replacement of all missing items.

(5) If the Customer has not paid the Rental charges, additional charges for extension of rent, lost or damage items, or any other charges relating to services rendered to the Customer by the Company, the Customer irrevocably authorises the Company to debit all outstanding hire, replacement, repair, courier or any other outstanding fees from your Credit Card.

(6) The Customer is bound by the General Terms and Conditions, Privacy Policy and other policies of the Company, and as such, must provide the Company with all required Identification and an authorised Credit Card at either the time of the order or at the time of collecting Equipment.

(7) Cleaning: At the end of the rent period and before returning the Equipment to the Company the Equipment must be properly cleaned. Failure to do so could result in a cleaning charge to be paid by the Customer.

7. Customer Skills

It is assumed that the Customer, or his agent, has sufficient skills to operate rented Equipment correctly. The Company will endeavour to supply instructional literature when requested, however this cannot be guaranteed. It is the responsibility of the Customer, or the Customer’s agent and/or employee, to ensure the Equipment being rented is suitable for the purpose intended. In no event shall the Company be held responsible for issues arising from the design or general functionality of the Equipment rented by the Customer. The Company accepts no liability for the renting of incorrect or unsuitable Equipment, or in the event that the Customer is unable to use rented equipment due to lack of necessary skills or knowledge required to operate Equipment.

8. Use of Rented Equipment

The Customer shall not take any of the rented Equipment out of the country it was rented from without the specific prior written consent from the Company.

9. Ownership

Company shall at all times retain ownership and title to the Equipment. Customer must immediately notify the Company in the event some or all of the Equipment is stolen or is threatened with seizure. Customer must indemnify and hold the Company harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.

10. Warranty

Company makes no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability, fitness for a particular purpose, title and non-infringement.


11. Liability

The Company shall not be held liable for any loss or damage caused by rental Equipment, whether to the Customer or the Customer’s property or any other person, firm or corporation. The Company’s liability, if any, for supplying defective Equipment to the Customer is limited to a rebate of the Rental charges charged for the particular item in question. The Customer hereby indemnifies the Company and all employees, contractors, directors and affiliated parties from liability of any and all losses, damage, injuries, claims, demands and expenses of whatsoever kind of nature arising out of the use of the rented Equipment.