1. YOUR UNDERTAKINGS
You
shall: –
Use
the Vehicle only in Great Britain and Ireland unless authorised otherwise by us
in writing.
Not
load or permit the Vehicle to be loaded in excess of its carrying capacity or
weight limit.
Ensure
that the Vehicle is not used to carry a number of persons in excess of the
seating capacity of the Vehicle.
Not
use the Vehicle to carry or store products that may damage the Vehicle in any
way.
Ensure
that the Vehicle is always locked when unattended, and shall take all
reasonable steps to prevent loss of or damage to the Vehicle, or its tyres,
tools, accessories, equipment or contents.
Inform
us immediately if the Vehicle develops any fault or requires any servicing, and
permit us to carry out any essential repairs or servicing.
Neither
alter the specification of the Vehicle nor alter or deface its paintwork or
markings.
Ensure
that the Vehicle is maintained in a clean and roadworthy condition. Check that
the correct tyre pressures, engine oil level, battery fluid level, screen wash
levels, coolant levers and automatic transmission oil revel (where fitted) are
maintained throughout the period of the rental.
Notify
us promptly of all defects in the Vehicle and, in the event of any defect that
shall affect the roadworthiness of the Vehicle then such notice to be given
immediately.
Notify
us immediately of every incident involving loss or damage to the Vehicle and
when required to do so by us, complete an Accident Report Form giving the names
and addresses of witnesses wherever possible.
Safeguard
our interests in the event of any accident involving the Vehicle by obtaining
the names and addresses of all relevant drivers and witnesses, securing the
Vehicle and where appropriate notifying the police.
Make
the Vehicle available at both a reasonable and convenient time and place to us
so that repairs or replacements can be properly effected by us to maintain the
Vehicle in serviceable and roadworthy condition or at any reasonable lime that
we shell require the Vehicle.
Not
sell, charge, lend or re-hire the Vehicle.
Reimburse
to us within 14 days the cost of any taxes, tines, custom duties or charges
levied on us as a result of your use of the Vehicle.
At
the commencement of the hire check to ensure that the Vehicle is fit for its
purpose and in good condition. In the absence of any detect being confirmed to
us by you in writing prior to the hire commencing, you are deemed to accept
that the Vehicle, is fit for its purpose and in good condition.
At
the end of the hire period return the Vehicle to our drop off location, in the
condition prevailing at the commencement of the hire (fair wear and tear
expected), clean and tidy (traffic grime expected). If the Vehicle is not
returned to our drop off location, you shall pay the amount expended by us in
arranging its return.
Pay
our current tariff for rental and fuel, shall pay for any accessories, tyres,
tools or equipment, lost, stolen or damaged: pay us the cost of recovering the
Vehicle in the event that you fail to return it to us in accordance with Clause
5, Pay any penalties, fines and court costs incurred in the use of the Vehicle
before it is returned to us and which we are obliged to pay (save when caused
by the fault of us); and shall pay VAT where appropriate at the current rate.
Not
use the Vehicle for any unlawful purpose or for racing, pacemaking,
competitions or speed testing, or in any unlawful manner.
2. OUR UNDERTAKINGS
We
shall: –
Effect
such repairs end replace such parts as shall be required to maintain the
Vehicle in serviceable and roadworthy, condition and to carry out routine
servicing and maintenance.
3. RENTAL PERIOD
a)
The rental period under this agreement shall be from the Date Out shown
overleaf until the Date due back (as recorded overleaf or in any agreed
attachment hereto) unless:
i)
You for any reason terminate this agreement before the Date due back, or
ii)
We will terminate this agreement before the Date due back by reason of any
breach by you of any term hereof or
iii)
We will for any other reason call for the return of the Vehicle before the Date
due back.
b)
In any of which events you shall forthwith return the Vehicle, provided that
you are not be liable for charges in relation to any period after the Vehicle
has been returned pursuant to this agreement.
c)
You agree that on breach of this contract end/or termination of the agreed
period of hire the Vehicle will be surrendered to us: that until the Vehicle is
surrendered normal rental charges will accrue to you as will all costs incurred
by us for the recovery of the Vehicle.
d)
The total rental period shall not in any event exceed 90 days.
4. INSURANCE
a)
It you have indicated overleaf that you wish us (namely the ‘Alan Boswell
Group’) to provide insurance then the following provisions apply:’
i)
The agreement is subject and is deemed to include the terms, conditions and
limitations of our insurance policy, a copy of which may be inspected at our
pick up/drop off location.
ii)
Any Vehicle hired under this agreement may only be driven by you or by the
person signing the agreement on your behalf or by any additional authorised
drivers who have consent to drive from us.
iii)
You agree to pay the insurance charges on our current tariff and pay the
stipulated excess charges should an accident occur.
v)
You will compensate us for any loss (whether direct, indirect or consequential)
which it may suffer as a result of any act or omission on the part of you or
your servant or agent.
b)
We will insure the Vehicle under a Comprehensive motor policy. You shall be
responsible for: –
i)
The Vehicle accidental damage excess shown in the Rental Agreement Form,
ii)
All loss or damage to the Vehicle and liabilities arising from its hire if:
(1)
At the time of an accident the Vehicle is being driven by other than a person
licensed to drive such a Vehicle
(2)
You are in breach of any of the terms, and conditions of the policy.
(3)
Even though it may be covered by our insurance, you shall be liable to pay the
cost of repair of any damage which the Vehicle may suffer as the result of
willful action of you or any servant agent of you.
c)
You shall be entitled to arrange your own Comprehensive motor policy on the
Vehicle, Such policy shall:
i)
Note the interest of us as the owner of the Vehicle.
ii)
Extend to provide us an indemnity against liability as defined in the policy
arising from the use of the Vehicle.
iii)
Note that alt claim monies due in respect of loss of or damage to the Vehicle
is to be paid to us, Copies of the policy shall be forwarded to us on request,
d)
You shall indemnify us from and against all claims, demands, costs, expenses
and liabilities arising from or out of any loss, destruction, damage or injury
which results from the possession or use by you of the Vehicle end in respect
of which indemnify is not provided by the policies of insurance referred 10
above.
e)
We shall not be responsible for goods carried in or on the Vehicle and you
agree to indemnify us against all claims arising from loss or destruction of or
damage to such goods.
5. TERMS OF PAYMENT
i)
No Credit Facilities – You shall pay us a sum equal to the estimated hiring
charges in advance.
ii)
To secure the booking we will require a payment of £50.
ii)
You shall pay us the full sum 48 hours ahead of the rental.
6. LEGISLATION
You
shall be liable as the owner of the Vehicle in respect of: –
a)
Any fixed penalty offence committed in respect of that Vehicle under Part Ill
of the Road Traffic Offenders Act 1988 or the Road Traffic Act 1991 , as
amended, replaced or extended by any subsequent legislation or orders and any
such offence committed under the equivalent legislation applicable to Scotland,
Northern Ireland or any British Isle upon which the Vehicle is being used.
b)
Any excess charge which may be incurred in respect of pursuance of an order
under section 45 and 46 of the Road Traffic Regulation Act 1984, or the Road
Traffic Act 1984, as amended, replaced or extended by any subsequent
legislation or orders and under the equivalent legislation applicable to
Scotland, Northern Ireland or other British Isle.
c)
Any financial penalty or charge which maybe demanded by any person corporation
or authority as a result of the Vehicle being parked or left upon land which is
not public land.
7. CONSEQUENTIAL LOSS
We shall not under any circumstances be liable for any direct or indirect consequential loss arising from the hiring out of the Vehicle howsoever, whensoever or wheresoever caused and whether or not resulting from negligent act or omission by us.
8. LOSS OF USE
If the Vehicle is stolen, lost, seized or confiscated or is returned to us at the end of the hire in a damaged condition (fair wear end tear accepted) and you have elected to arrange your own Comprehensive motor policy on the Vehicle then we reserve the right to charge you for an amount of compensation for loss of use.
9. PERFORMANCE
We shall be relieved of liability to provide the Vehicle wherever and for so long as end to the extent to which the beneficial use of the Vehicle is prevented as a consequence of fire, explosion, flood, strike action or by any cause beyond our control.
10.LAW
a) The laws of the country where this is signed by you apply to this agreement. Any court proceedings shall be conducted in the same country.
b) You acknowledge:
i) That this agreement is not assignable by you.
ii) That this document (together with any agreed attachment hereto) contains the entire understanding between the parties and that no addition to or alteration of the terms shall be valid unless made in writing and signed by a duly authorised officer of ours.
iii) That you are not entering into this agreement on the basis of any warranty or representation by us.
iv) That failure by us to enforce any term of this agreement shall not be construed as a waiver of its rights hereunder.