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TERMS AND CONDITIONS
1. GENERAL
1.1 These Terms and Condtions shall be incorporated into and
govern this Agreement made between the Owner and the Renter
whose names and addresses are set out overleaf to the exclusion
of all or any other terms and conditions.
1.2 Words and expressions defined overleaf shall where applicable
have the same meanings when used herein. In addition the term
"Vehicle" when used herein shall (if applicable)
be deemed to include any replacement vehicle and all tyres,
tools, accessories, parts and equipment relating to Vehicle.
References to Box numbers refer to the box numbers specified
overleaf.
1.3 Where the person signing this Agreement on behalf of Renter
is not Renter, he or she represents and warrants to Owner
that he or she is authorised to sign and to enter into this
Agreement for and on behalf of Renter and all agreements and
obligations on the part of Renter hereunder shall be deemed
to be made by such person jointly and severally with Renter.
2. HIRE OF VEHICLE
2.1 Owner agrees to let and Renter agrees to take on hire
Vehicle upon and subject to the terms and conditions of this
Agreement.
2.2 The period of hire shall commence on the Time and Date
Out specified in Box 31 and shall continue (subject to earlier
termination by either party of any extension in accordance
with this Agreement) until the Time and Date Due Back specified
in Box 17.
2.3 The period of hire may not be extended without Owner's
prior written consent.
3. PROHIBITED USES
3.1 Renter will not use Vehicle or allow Vehicle to be used
for any purpose for which it is neither designed, suitable
nor hired including (without limitation) the carriage of passengers
and/or property for hire or reward: any unlawful, hazardous
or unusual purpose; propelling or towing any other vehicle
or trailer or for any similar purpose without Owner's prior
written consent; racing, rallying, pace-making, reliability.
Speed testing or other trials, competitions of any sort or
driving tuition; carrying a number of passengers and/or property
which would cause Vehicle to be overloaded or would cause
any applicable restriction to be exceeded; the use of Vehicle
on any surface other than roads with a tarmacadam or concrete
surface over which there is a right of way (public or private)
for motor vehicles.
3.2 Renter will not allow Vehicle to be driven by any person
who has not been approved in
by the Owner.
3.3 Renter will not take or allow Vehicle to be taken outside
the United Kingdom without Owner's prior written consent.
As a pre-condition of any consent Renter must produce to Owner
evidence satisfactory to Owner of adequate insurance arrangements
for taking Vehicle abroad including (without limitation) an
International Motor Insurance Card ("Green Card")
and/or Bailbond (as the case may be).
3.4 Renter will not use any vehicle with a gross vehicle weight
over 3.5 tonnes without a full valid and current Operators
license where the vehicle is being used for business use.
4. PAYMENTS
4.1 Renter will pay to Owner on demand:
(a) the Total Deposited as specified in Box 16 together with
any further deposits requestedby Owner on or before the commencement
of any extension of the period of hire, which Owner may apply
at any time towards payment of any sums due from Renter hereunder.
(b) The rental and mileage charges computed at the rate specified
in Boxes 36 to 43 for the mileage covered or deemed to have
been covered by Vehicle from the commencement of the period
of hire until Vehicle is returned to Owner in accordance with
the terms of the Agreement as recorded by the odometer installed
in Vehicle when received provided that if Owner decides in
it absolute discretion that the odometer has failed or malfunctioned
or has been interfered with in any way the mileage charge
shall be estimated by Owner in its absolute discretion;
(c) the amounts (if any) specified in Boxes 36 to 43 for Time
charges, Collision Damage Waiver,
Theft Protection and the miscellaneous other charges (if any)
specified overleaf;
(d) all fines, penalties, costs, charges and liabilities relating
to parking, road traffic or other offences or contraventions
or restoration charges and loss of income if the vehicle is
seized by Customs and Excise incurred in relation to Vehicle
by Renter or Owner (except where caused through fault of Owner)
from the commencement of this Agreement by the nominated payment
method stated overleaf regardless of the time lapsed between
offence and notification of offence to Owner, and Renter will
allow \Owner to process electronic CNP transactions for these
amounts plus a reasonable administration fee not less than
£25.00;
(e) Owner's costs or repairing or replacing Vehicle in the
event of loss, theft or damage howsoever caused, plus loss
of revenue to Owner (calculated at Owner's unlimited mileage
charges for the period during which Vehicle shall remain unavailable
for rental by reason of such matters) provided that if Vehicle
is operated in accordance with all the terms of this Agreement
(i) Renter's Liability in respect of damage to or Theft of
Vehicle will be limited to a non-waivable excess charge in
accordance with Owner's current tariff as specified in Box
42, except where the damage or theft has been caused by the
negligence of the Renter;
(f) the cost of refuelling Vehicle if returned to Owner with
less fuel than was contained in Vehicle's fuel tank at the
commencement of the period of hire together with Owner's current
tariff for refuelling service charges;
(g) Owner's cost incurred in recovering Vehicle in the event
Renter fails to return it to Owner in accordance with the
terms of this Agreement;
(h) any value added tax or local or other taxes payable in
respect of any of the above.
4.2 All overdue payments shall bear interest on the amount
overdue at the rate prevailing laid down by the Government
from the date such sums become due to the date of actual payment
Owner reserves the right to charge administration fees.
5. RENTER'S OBLIGATIONS
Renter shall at all times during the term of this Agreement:
(a) Take proper care of Vehicle and ensure Vehicle is used
in a lawful and reasonable manner in all respects and in particular
(without limitation) will keep Vehicle locked when not in
use and shall ensure that ignition keys and/or security arming
devices are not left in the vehicle when unattended.
(b) Return Vehicle to Owner in the same condition as when
received as evidenced by Renter'ssignature on Owner's "Check-in-slip"
relating to Vehicle (fair wear and tear only excepted) to
Owner's address specified overleaf immediately upon demand
by Owner (such demand not to be made without reasonable cause)
subject to a refund to Renter of any sums already paid by
Renter in excess of those due under the terms of the Agreement;
(c) immediately report any accident loss or damage involving
Vehicle to Owner and the police or other
proper authority and at Owner's request complete Owner's accident
report form without delay;
(d) immediately report any breakdown, fault or defect, reasonably
requiring repair to Owner and will not, in the case of a defect
or fault which makes Vehicle unroadworthy or liable to cause
damage or danger to persons or property or further damage
to Vehicle, use Vehicle until such defect or fault has been
repaired or corrected and will take all reasonable steps to
prevent or mitigate any loss or damage occurring to Vehicle.
(e) obtain Owner's prior written consent before incurring
repair costs in excess of £25;
(f) not remove or interfere with any Vehicle parts or spare
or with any identification marks or plates
affixed to Vehicle;
(g) inform Owner immediately upon request of the whereabouts
of Vehicle;
(h) not sell, mortgage, charge, pledge, assign, underlet,
lend or otherwise dispose of or part with possession of Vehicle
at any time or contract so to do or otherwise deal with Vehicle
in any manner inconsistent with Owner's rights;
(i) maintain all oil and fluid levels and tyre pressures in
accordance with the manufacturer's
recommendations.
(j) at Owner's request assist Owner in enforcing any rights
or remedies Owner may have against third parties in respect
of any loss or damage to or in connection with Vehicle arising
during the term of this Agreement.
6. LIMITATION OF LIABILITY
6.1 Owner warrants that from the commencement of the period
of hire:
(a) to take all reasonable steps to provide the Renter with
a well maintained vehicle;
(b) when informed of a breakdown by the Renter to see that
the necessary repairs are carried out promptly, if possible;
(c) if repairs cannot be carried out promptly, to provide
a substitute vehicle or to allow the Renter to terminate hire.
6.2 All other warranties, condition s or terms relating to
contracts of hire and whether implied by statute or common
law or otherwise are excluded to the fullest extent permitted
by law. In particular (but without limitation) Owner shall
not be liable to Renter for any indirect or consequential
loss or damage (including loss of revenue), costs, expenses,
liabilities or any other claims or demands arising out of
or in respect of:
(a) any breakdown, malfunction, failure or defect of Vehicle;
(b) any property left, stored or transported by Renter or
by any other person in or upon Vehicle either before or after
the return of Vehicle to Owner. Provided always that nothing
herein contained shall restrict or exclude Owner's liability
for death or personal injury caused by Owner's negligence
or any other liability of Owner which cannot be excluded as
a matter of law.
7. INSURANCE
7.1 Except where Renter has elected personally to insure the
vehicle as evidenced by Renter's signature in the "Accepts"
space in Box 62, Renter participates as an insured under Owner's
vehicle insurance policy and agrees to observe all the terms
and conditions thereof. A summary othe terms and conditions
of such insurance policy is available for inspection at Owner's
address specified overleaf and a copy of the policy may be
inspected on request as Practical House, 21/23 Little Broom
Street, Birmingham B12 OEU.
Renter further agrees to protect the interests of Owner and
Owner's insurance company in the case of an accident during
the terms of this Agreement by:
(a) making every endeavour to obtain names and addresses of
parties involved and of witnesses;
(b) not admitting liability or guilt to any third party;
(c) not abandoning Vehicle without adquate provisions for
safeguarding and securing the same;
(d) calling Owner's office by telephone using the number specified
overleaf and further giving a detailed report including (without
limitation) plans and drawings to Owner;
(e) notifying the police or other proper authority immediately.
7.2 where Renter has elected personally to insure Vehicle
(evidenced as foresaid), Renter undertakes to insure and keep
insured Vehicle during terms of Agreement under a fully comprehensive
motor insurance policy (including windscreen damage) to its
full replacement value, free from limitation or excess, with
reputable insurers approved in writing by Owner. Renter agrees
to odserve all terms and conditions of said policy. Renter
shall at Owner's request supply full details of such policy.
Renter shall procure that any money paid by Renter's insurers
under the said policy is paid directly to Owner, and Renter
shall compensate Owner for any loss or damage suffered by
Owner in excess of any monies recieved by Owner.
8. INDEMNITY
Renter will indemnify and hold harmless Owner and keep Owner
indemnified and held harmless against all costs, losses, claims
or damages, expenses and liabilities of whatsoever nature
suffered, incurred or sustained by the Owner as a result of
or in connection with;
(a) any breach by Renter of any provisions of this Agreement;
and
(b) any loss or damage to property left, stored or transported
by Renter or by any other person in or upon Vehicle either
before or after return of Vehicle to Owner. Provided that
this indemnity shall not apply to any liability of Owner for
death or personal injury caused by Owner's negligence or any
other liability of Owner which cannot be excluded as a matter
of law.
9. TERMINATION
9.1 If Renter commits any breach of this Agreement; or if
any statement, representation or warranty made by Renter overleaf
or in these terms and conditions in respect of himself of
any additional Driver is incorrect; or if a receiving order
is made or petiton in bankruptcy is presented against Renter
(or, being a company, Renter goes into liquidation, whether
voluntarily or compulsorily or a receiver, administrator,
administrative reciever or manager shall be appointed over
the whole or part of its business or assets); or if Renter
offers to make any arrangements with its creditors or if any
distress or execution is levied against any of its goods;
then in any such events Owner may terminate this Agreement
forthwith but without prejudice to any of Owner's acrued rights
and remedies against Renter.
9.2 On the expiry or termination of this Agreement, howsoever
occasioned, Renter shall no longer be in possession of Vehicle
with Owner's consent and Renter shall forthwith return Vehicle
in the same condition as when recevied as evidenced by Renter's
signature on Owner's "Check-in slip" relating to
Vehicle (fair wear and tear only excepted) to Owner's address
specified overleaf, provided that under no circumstances shall
Renter return Vehcile to Owner outside Owner's normal published
opening hours withour Owner's prior written consent. If Renter
commits any breach of this Agreement, Owner may, without notice,
retake possession of Vehicle together with the insurance certificate
and any other documentation of Owner and for such purpose
may enter upon any premises belonging to or in the occupation
or control of Renter.
10. DATA PROTECTION ACT
The information that you have provided on our form will be
used by the Owner to fulfil the order/contract that you have
placed with us. We will not pass your information to any organisation
outside this company.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding
between the parties hereto and no variation to this Agreement
shall be binding unless agreed in writing by Owner.
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