| 1. In this agreement
the following terms shall have the meanings hereby respectively
assigned to them;
DRIVER: The hirer and/ or other persons named as such overleaf or
any other person specifically approved by the Lessor to drive the
vehicle during the duration of this agreement.
ACCESSORIES: The spare wheel, tools and other items with which the
vehicle is supplied and any other replacements
RENTAL PERIOD: The period from the date and time stated overleaf
until the re-delivery of the vehicle into the physical custody of
the Lessor.
RENTAL CHARGES: The hire charges for the rental period in accordance
with the Lessors current tariff.
EXCESS AMOUNT: The sum of £300 - £500 as stated in our
tariff.
EXCESS WAIVER: A fee, which limits the hirer's liability to pay
the excess amount.
2. The hirer acknowledges that;
a) The vehicle is fit for the hirers purpose and is in good condition
and undertakes to return it and its accessories in the same condition,
(fair wear and tear excepted) to the site on the date due back.
b) The hirer has received the vehicle free from defects or damage
(as indicated on damage check sheet) and the lessor has no liability
in respect of injury, loss or damage arising from the use of the
vehicle. Nor shall the lessor be liable for any damages arising
from defects or mechanical failures, which are not attributable
to any breach of the manufacturer warranty or any warranty implied
by law to take reasonable, care or exercise reasonable skill.
3. During the rental period the hirer
shall keep the vehicle and its accessories in his or any approved
drivers possession and free from legal processor lien and when not
in use is adequately protected and secured.
4. During the rental period the vehicle
shall not be used:
a) for towing of any vehicle, trailer or other object
b) in any manner which might render or void the insurance policy
or other contact of insurance
c) for any illegal purpose or in contravention of any affecting
the vehicle, its use or construction.
d) By any person who;
· is not licensed to drive the vehicle
· is younger than 21 years of age and over 75 years of age
· is under the influence of drink or drugs
· has given a fictitious name, age and address
· has not been approved by the lessor as a driver
· has been convicted of a motoring offence and the details
of which have not been disclosed in writing to the lessor at the
commencement of hire.
· Or taken outside England, Scotland or Wales without prior
consent.
5. The hirer agrees to pay on demand
a) rental charges for the entire hire period (early return does
not warrant refund of hire charges)
b) any appropriate excess waiver or personal accident, personal
effects or goods in transit, insurance fees and refueling and miscellaneous
charges
c) the excess amount in respect of each incident resulting in damage
to or loss of the vehicle, its accessories or any other property
left stored or transported in or upon the vehicle
d) all fines and court costs incurred in relation to the vehicle
by the hirer or lessor from the commencement of the rental until
the vehicle is returned to the lessor, except where caused through
the fault of the lessor
e) any Value Added Tax local or other taxes payable in respect of
any of the above
On payment by the hirer of the excess
waiver fee the hirer will not be liable to pay the excess amount.
This cover is optional. Notwithstanding such a fee the hirer will
be responsible for the payment of the excess amount if the loss
or damage to the vehicle or accessories arises from the negligent,
or willful action of the hirer or any other driver. The excess waiver
does not waive your liability for the windscreen chips, cracks or
kerbed tyres.
The hirer will be liable for any
damage, fair wear and tear excepted, caused to the vehicle during
the rental period up to a maximum amount as required and promoted
in our standard tariff incriminating up to £500 per vehicle.
Such deposit will be refunded to the hirer upon the vehicle being
returned to the lessor in the satisfactory to the lessor in accordance
with these terms and conditions. The expression 'fair wear and tear'
has its ordinary meaning but does not include such items as the
following; burns, rips, upholstery and carpet stains, missing tools,
damage to lamps, bumpers, parcel shelves, locks, switches, tyres
and glass.
The hirer and any driver shall;
a) ensure compliance with terms, conditions and limitations of the
insurance policy(s) which shall be deemed to be included in this
agreement as if the same were fully set out herein;
b) inform the lessor immediately of any loss or damage to or fault
developing in the vehicle
c) at the request and the cost of the lessor permit to be done in
his own name all acts and things.
d) Indemnify the lessor against any loss incurred by reason of any
breach of this agreement by the hirer or any driver
e) Ensure the maximum payload and individual axle plated weighs
are not exceeded
f) Be responsible for loading and unloading of the vehicle
g) Obtain or maintain any necessary operator licence
The hirer and any other driver shall
not;
a) be the agent or servant of the lessor for any purpose
b) make any claim for the loss of or damage to any property left
stored or transported in or upon the vehicle
The period of hire as specified overleaf
shall not be exceeded without the lessors express authorisation
in writing and in any event the period of this agreement shall not
exceed 3 months.
If the hirer does not comply with
any of these conditions he shall return the vehicle to the lessor
immediately and pay to the lessor on demand any loss it suffers
in respect of the hirers non compliance, failing which the lessor
shall be liberty to retake possession of the vehicle and all costs
and expenses incidental to recovery of the vehicle shall be paid
by the hirer to the lessor on demand.
Any addition to or alteration of
the terms and conditions of this agreement shall be null and void
unless agreed upon in writing by the parties.
Nothing in these terms and conditions
shall be deemed to exclude or restrict the lessors liability for
death or personal injury resulting from negligence or any of the
liability of the lessor which can not be excluded as a matter of
law.
Notwithstanding clause above the
hirer shall compensate the lessor in full on demand for any loss
it suffers as a result of any damage, fire or theft to or of the
vehcile including loss of revenue to the lessor for the period during
which shall remain unavailable for rental by reason of such matters
and any claims made by any persons in respect of the vehicle whilst
it is the hirers custody.
THESE TERMS AND CONDITIONS FORM PART
OF THE RENTAL AGREEMENT
COMPANY REGISTERED IN England: 02054671
V.A.T NUMBER: 192331865 |