Ownership of goods:
Ownership of goods shall remain vested in KidZplay and the customer shall, at no time, acquire ownership of the goods.
Liabilities of the customer
The customer shall, upon the termination of the agreement, return the goods to KidZplay in good repair, condition and working order, fair wear and tear excepted. The customer shall be responsible for any damage to the goods other than fair wear and tear. The customer shall, furthermore, be responsible for the replacement costs of any goods missing or destroyed, for whatever reason, from the date of delivery to the delivery address to the date that the goods are returned to KidZplay. The customer shall not carry out any painting, repairing or redecorating to any of the goods, without the prior written consent of KidZplay.
Delivery of the goods:
KidZplay will deliver the goods to the delivery address stated for the amount indicated in the shopping cart checkout. Such amount is payable before the delivery of the goods. The goods may not be removed from the delivery address without the prior written consent of KidZplay having been obtained. KidZplay will move the goods to any new premises at an agreed charge (dependent on the address). KidZplay will not consent to a delivery address outside of the municipal area in which KidZplay operates. The customer warrants that access to the delivery address is possible for the delivery of the goods, and also for the removal of the goods upon the termination of the agreement.
Cancellation of the agreement:
KidZplay do not tie you into long term contracts with huge cancellation costs. We understand that circumstances change and we are accepting of that. But it does cost us to place a jungle gym, so we have to cover those activation costs. With that in mind, the shortest rental term is three calendar months. If you wish to cancel early, we understand. Please send a written notification.
We consent to early cancellation subject to the following terms.
We acknowledge receipt of your written cancellation. Please check with us if you do not receive our acknowledgement. Do not proceed with or assume cancellation without an acknowledgement from KidZplay. Our acknowledgement initiates the cancellation.
If you cancel a three month rental early, you remain liable for 50% of the remaining rental balance.
If you opted for the discounted twelve month rental, and you wish to cancel within three months. The discount you received falls away. You revert to the terms of a three month rental. You pay the difference between what you would have paid and the rate you paid. You also remain liable for 50% of the remaining three month rental balance (at the three month rate).
If you opted for the discounted twelve month rental, and you cancel after three months. You pay three months worth of the difference between the three month and discounted rate. You also remain liable for a full months rental at the three month rate.
Liability for claims:
KidZplay shall not be liable, in any way, for any claim of whatsoever nature and howsoever arising in relation to the goods or the use thereof by the customer or any other person and the customer hereby indemnifies KidZplay against any such claims.
Rights and Obligations:
The customer shall not cede any of its rights nor delegate any of its obligations under this agreement.
Should the customer breach any of the conditions hereof or fail to pay any of the amounts payable in terms hereof on the due date hereof, KidZplay shall have the right, without prejudice to any other right which it may have against the customer to: a) terminate this agreement, b) repossess the goods (the collection fee of which being to the customers’ account, c) claim all arrears owing at the date of termination, d) claim all outstanding rentals which, but for termination, would have been payable for the remaining period of this agreement and e) claim all such damages which it shall have sustained by reason of the failure of the customer to carry out its obligations hereunder.
KidZplay shall, in its sole discretion, be entitled to elect whether it will claim the aforesaid outstanding rentals or recover damages in lieu thereof.
The parties hereby consent to the jurisdiction of the Magistrate’s Court in respect of any legal proceedings arising from this agreement irrespective of the amount claimed and / or value of the goods involved in such proceedings. In the event of KidZplay instructing it’s attorneys to take steps to enforce any of its rights under the agreement, the customer shall be liable for the collection charges and other legal costs on an attorney and client scale as shall be charged by attorneys.
Domicilium Citandi Et Executandi:
KidZplay Rentals (Pty) Ltd
Little Falls Farm
No extension of time or other indulgences granted by KidZplay to the customer shall be construed as a waiver of any of KidZplay’s rights hereunder and shall not, in any way, prevent KidZplay from enforcing such rights.