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Lessor hereby rents to Hirer(s) and Hirer takes on rental the motor vehicle described (herein called Vehicle) subject to all terms and provisions of this Agreement.
1. Vehicle is the property of the Lessor. Hirer will return vehicle together with all the tyres, tools, accessories and equipment, in the same condition as when received, normal wear and tear excepted, to the place and on the date specified overleaf, or sooner if demanded by the Lessor, and will use the Vehicle in a reasonable manner.
2. Vehicle will not be used
a) for the carriage of passengers for hire or reward
b) for any unlawful purpose of in contravention of any Act, Order, or
Regulation affecting the Vehicle, its use or construction
c) to propel or tow any other vehicle or trailer
d) for racing, pace making, reliability trials, speed testing or
driving
tuition.
e) to carry a greater number of passengers and/or more baggage than
recommended by the Manufacturer
f) by any person who has given a false or fictitious name
g) by any person other than the drivers authorised by the Lessor, or by
a
motor vehicle repairer in the event of accident or breakdown.
h) by any person who has within the preceding period of seven years
been
convicted of a driving offence under the influence of drugs or alcohol,
or
dangerous driving, or has had more than one accident in the last three
years.
i) by any person not holding a valid current licence, appropriate to
the
vehicle hired
j) by any person under 23 years of age, or over 65 years of age, unless
authorised by Lessor
k) in any manner which will render the applicable insurance policy
void,
l) outside England, Scotland or Wales without the Lessors consent
m) in connection with a business or trade or for hire or reward unless
hirer
holds a valid and current "Operators Licence" for all relevant
vehicles.
n) in circumstances where the maximum pay load or individual axle
plated
weights are exceeded. Hirer is responsible for loading and unloading
the
vehicle.
3. Hirer expressly acknowledges personal liability to pay Lessor on
demand:
a) the Rental due under this agreement together with miscellaneous
charges at
the rates specified in this agreement and VAT as applicable.
b) all fines, excess charges, or other penalties, and all court costs
for
parking incurred in relation to said Vehicle by Hirer or Lessor from
the
commencement of this agreement until the Vehicle is returned, except
where
caused through the fault of Lessor
c) Lessors costs, including reasonable legal fees incurred collecting
payments due from Hirer hereunder.
d) Lessors costs to repair collision or other damage to Vehicle
provided
that, if Vehicle is operated in accordance with this agreement (and
except
where Hirer undertakes to provide own insurance with indemnity), Hirers
liability for such damage shall not exceed the maximum damage liability
of
£50.00 on cars and vans up to 3.5 tonne GVW and £85.00 on
vehicles over 3.5
tonne GVW, except as specified below:
i) the insurance does not cover any damage above the height of the
front
windscreen of commercial vehicles/vans, nor the tyres, windscreens or
exterior
mirrors of any vehicles, howsoever caused.
ii) where the vehicle suffers damage and the driver is outside the
drink/drive limits in force at the time of the incident, then the Hirer
and
the driver shall be liable to the Lessor for the loss sustained by the
Lessor.
Insurance arranged by the Lessor does not cover loss in these
circumstances
iii) if the Hirer is in breach of this agreement, the hirer is fully
responsible for all damage or loss.
e) Compensation for Lessors loss of use of Vehicle whilst being
recovered at
the termination of this rental or whilst being repaired consequent upon
any
collision or other damage suffered before the Vehicle was returned to
the
lessors place of business. In the event of the vehicle being stolen
whilst on
hire or in the custody of the Hirer Termination of rental will only be
completed when the insurance company has compensated the Lessor in full
for
the loss of the vehicle and any excess due from the Hirer has been
paid.
4. Hirer shall at the request and cost of the Lessor do and concur in doing and permit to be done in his name or by his appointed agents all such acts and things as may be necessary or reasonably required by the Lessor for the purpose of enforcing any rights or remedies or of obtaining relief or indemnity from other parties in respect of any loss or damage to or in connection with Vehicle during the period of time between the renting of the Vehicle and its return by the Hirer to Lessor and Lessor shall account to Hirer for any sums recovered by Lessor and due to Hirer from such other parties under this clause after setting off any outstanding liability of Hirer to Lessor
5. Hirer must immediately inform the Lessor and in any event within 24 hours, excluding public holidays, of any loss of, or damage occurring to the Vehicle and of any fault, reasonably requiring repair, developing therein, and must not in the case of damage or fault which makes Vehicle unroadworthy or liable to cause danger to any person or property use Vechile until such damage has been repaired or corrected. Authorisation for expenditure must be obtained from Lessor prior to commencement of the repair.
6. Lessor shall not be liable for loss of or damage to any property left, stored or transported by Hirer or any other person in or upon Vehicle either before or after the return of the Vehicle to Lessor. Hirer hereby agrees to hold Lessor harmless from, and indemnify Lessor against all claims based upon or arising out of such loss or damage.
7. Hirer shall not sell or offer for sale, assign mortgage or pledge the Vehicle or the tools or equipment or any part thereof or otherwise deal with the same in any manner inconsistent with the Lessors ownership. Hirer will not allow any lien upon the Vehicle, tools or equipment to come into existence, except as concerns authorised repairs or emergency repairs subsequently authorised to Vehicle. The Agreement shall determine forthwith if a receiving order is made against Hirer (or being a Company goes into liquidation, whether voluntarily or compulsorily) or if Hirer shall call a meeting of his creditors or if any distress or executions is levied against any of his goods, or if Hirer shall not perform or observe all the stipulations contained in this herein contained on the part of Hirer to be performed or observed, but such determination shall not affect any then existing rights of Lessors whether for damage or otherwise. In any of such events Hirer shall forthwith return Vehicle to Lessor, failing which Lessor, its servants and agents may without previous notice enter upon any premises upon or in which vehicle may be or may be believed to be situated and all costs and expenses incidental to recovery of Vehicle incurred by Lessor shall be repaid by Hirer on demand.
8. Hirer warrants that he participates as an insured under a motor
vehicle
insurance policy, a copy of which is available for inspection by Hirer
at the
head office of Lessor. Hirer agrees to protect interest of Lessor and
Lessor's
insurance company in case of accident during the terms of this rental
by;
a) making every endeavour to obtain names and addresses of parties
involved
and of witnesses,
b) not admitting liability or guilt
c) not abandoning vehicle without adequate provisions for safeguarding
and
securing same,
d) Calling the Lessor by telephone even in case of slight damage,
further
giving detailed report including diagram to Lessor
e) Notifying Police immediately if another Party's guilt has to be
ascertained or if people injured.
9. Lessor has maintained Vehicle to at least the manufacturers recommended standards but shall not be liable for any consequences arising from any defects or mechanical failure of the Vehicle, although precautions have been taken to prevent such happenings, nor for any consequential loss suffered by the Hirer as a result of delays, howsoever caused.
10. Any additions or alterations to the terms and conditions of this agreement shall be null and void unless agreed upon in writing by the parties.
