Common use of Driver of the Vehicle Clause in Contracts

Driver of the Vehicle. 9.1 Unless otherwise agreed in writing, the Vehicle will only be driven by a driver: a) Appointed by the Company; or b) Appointed by the Client where he/she complies with the provisions of these Trading Terms. 9.2 The Company makes no warranties in relation to the skill, experience or sustainability of the driver appointed by it. 9.3 Subject to the provisions of these Trading Terms, the Rates payable for the driver’s services will be set out in the Proposal, Quote or Initial Rental Agreement and are payable in accordance with these Trading Terms. 9.4 Regardless of whether the driver is appointed by the Company or the Client, the driver is under the control and direction of the Client and the Client is liable for the acts and omissions of the driver for the full Contract Period. The Company is not liable for any cost, expense, loss, liability, or claim arising from any acts or omissions of the driver and the Client indemnifies the Company against claims arising from or in connection with the conduct of the driver during the Contract Period. 9.5 Where the Vehicle is not driven by a driver appointed by the Company, unless agreed otherwise, the Client must provide the Company with all driver(s) details, including addition or change in driver(s), and warrants that the driver(s) will: a) Be at least 25 years old. b) Be licensed to drive the Vehicle in South Africa and such licenses will be free of any endorsements. c) Have a Professional Driver’s Permit (PDP) where relevant, free of any endorsements, valid for at least three months post the Anticipated Return Date. d) Be familiar and comply with all applicable Legislation Requirements, including without limitation the Road Traffic Act and Regulations, and all regulations and requirements pertaining to the transport of dangerous goods. e) Will not carry, consume or be under the influence of alcohol or any illegal substance whilst driving the Vehicle(s). If tested, the driver is to have a zero blood alcohol level. f) Report any accidents in terms of these Trading Terms regardless of whether or not the Vehicle has sustained damages. g) Will always be contactable by cellular telephone or otherwise.