| Hirer: |
The
person named overleaf. |
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| Driver: |
The
hirer and/or the other person named as such overleaf or by
any other person specifically approved by the lessor to drive
the vehicle during the duration of the agreement. |
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| Vehicle: |
The
original vehicle described overleaf or any replacement vehicle.
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| Accessories: |
The
spare wheel, tools and other items with which the vehicle
is supplied and any replacement thereof. |
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| Rental
Period: |
The
period from the date and time out stated overleaf until the
re-delivery of the vehicle into the physical custody of the
lessor |
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| Refueling
Charge: |
The
hire charges for the rental period calculated in accordance
with the lessors current tariff. |
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| Excess
Amount: |
The
sum of £250 is the excess amount. |
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| Excess
Waver Fee: |
A
fee calculated in accordance with the lessor`s current tariff
which limits the Hirer`s liability to pay the excess amount
to the amount of the non-waivable excess. |
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| Non
Waivable Excess: |
The
hirers liability will be limited to the amount of the non-waivable
excess if the excess waiver is purchased in accordance with
the lessors current tariff or is part of an inclusive tariff
rate offered by the lessor. |
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| Personal
Accident, Effects, Goods in transit insurance fees: |
Fees
which entitle the Hirer to the benefits of the cover set out
in the policies issued to the lessor. |
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| Current
Tariff: |
The
lessors tariff current at the commencement of the hire. |
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| The
Insurance Policy: |
The
lessors policy of insurance on the vehicle a copy of which
is available for inspection at the rental location. |
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| 2. |
The
Hirer |
(a)
acknowledges that the vehicle is fit for this purpose and
undertakes to return it and its accessories to the place
and on the date due back overleaf.
(b)
he has received the vehicle free from apparent defects or
damage (except as indicated overleaf).
(c)
the lessor has no liability in respect of any injury, loss,
or damage arising from the use of the vehicle. nor shall
the lessor be liable for any indirect loss, damage, or,
in the case of consumers, damage which was foreseeable by
both parties.
(d)
the lessor shall not be liable for damages arising from
defects or mechanical failures which are not attributable
to any breach of the manufacturer`s warranty or any warranty
implied by law to take reasonable care or exercise reasonable
skill.
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| 3. |
During
the rental period the hirer shall keep the vehicle and its
accessories in his or any approved drivers` possession and
shall not allow a third party to take possession of the vehicle
or its accessories and when not in use the hirer shall keep
the vehicle adequately protected and secured. |
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| 4. |
The
hirer and any driver shall ensure that the vehicle will
not be used : |
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(a) |
For
hire or reward |
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(b) |
for
racing, pace making, rallying, speed testing, driving tuition,
propelling or towing any vehicle or towing a trailer. |
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(c) |
In
any manner which might render void the insurance policy or
other contract of insurance. |
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(d) |
for
any illegal purpose or in contravention or any legislation
affecting the vehicle, its use or construction. |
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(e) |
By
any person who |
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(i)
is not licensed to drive the vehicle |
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(ii)
is under 25 years of age or above 70
years |
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(iii)
is under the influence of drink or drugs |
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(iv)
has given a fictitious name and address |
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(v)
has not been approved by the lessor as a driver |
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(vi)
has been convicted of a motoring offence the details of which
have not been disclosed in writing to the lessor at the time
of commencement of the hire. |
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(f)
outside England, Wales or Scotland without prior written consent
of the lessor. |
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| 5. |
The
hirer agrees to pay on demand |
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(a)
Rental charges |
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(b)
Any appropriate excess waiver or personal accident, personal
effects or goods in transit insurance fees, and any refueling
and miscellaneous charges. |
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(c)
The excess amount in respect of each incident resulting in
damage to or loss of the vehicle, its accessories or any property
left stored or transported in or upon the vehicle, save to
the extent that such damage or loss arises from the actions
of the lessor. |
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(d)
all fines, charges, penalties, costs and expenses(including
all charges and penalty charges incurred under a charging
scheme) 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. |
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(e)
Any value added tax, local or other taxes payable in respect
of any of the above. |
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| 6. |
The
hirer shall compensate the lessor in full on demand for any
loss it suffers as a result of any damage, fire or theft of
the vehicle including loss of revenue to the lessor for the
period during which the vehicle 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 in the hirer`s
custody. The clause applies whether you have insurance or
not. This clause shall not apply to any loss caused by or
the responsibility of the lessor. |
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| 7. |
The
hirer and any driver shall |
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(a)
Ensure compliance with the terms, conditions, and limitations
of the insurance policy which shall be deemed to be included
in this agreement as if the same were fully set out herein.
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(b)
Inform the lessor of any loss of or damage to or fault developing
in the vehicle as soon as the hirer or driver becomes aware
of the loss, damage or fault. |
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(c)
At the request and cost of the lessor permit to be done in
his own name all acts and things as may be reasonable required
by the lessor for the purposes of repairing the vehicle or
enforcing any right or remedies or of obtaining relief from
other parties in respect of any loss or damage to or in connection
with the vehicle or its accessories. |
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(d)
Indemnity the lessor against such loss as is recoverable at
law where that loss is occurred by reason of a breach of this
agreement by the hirer or any driver. |
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(e)
Ensure that maximum payload and individual axel plated weights
are not exceeded. |
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(f)
be responsible for the loading and unloading of the vehicle.
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(g)
obtain or maintain any operators license. |
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| 8. |
The
hirer and any driver shall not |
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(a)
Without prior consent of the lessor incur any liability for
repairs to the vehicle in excess of £25. |
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(b)
be an agent or servant of the lessor for any purpose. |
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(c)
make any claim for loss of or damage to any property left
stored or transported in or upon the vehicle unless due
to our negligence.
The hirer may purchase insurance to cover such loss or damage
by initialling the relevant space in box 19 overleaf. |
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| 9. |
Even
if an excess waiver fee is paid, the hirer shall be responsible
for payment of any excess amount where the loss of or damage
to the vehicle or its accessories arises from the negligent
or wilful action of the hirer or any driver. |
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| 10. |
The
period of hire as specified overleaf shall not be extended
without the lessors express authorisation in writing and in
any event the period of this agreement shall not exceed 90
days |
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| 11. |
HGV
driving license is required for all vehicles over 7.5 tonnes
gross vehicle weight. HGV driving licenses MUST be accompanied
by a current and valid ordinary driving license. |
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| 12. |
If
the hirer does not comply with any of the material conditions
of this agreement he shall return the vehicle to the lessor
immediately and pay the lessor on demand such loss as is recoverable
at law where that loss is caused by the hirers non-compliance.
Where the hirer fails to return the vehicle the lessor shal
be at liberty to retake possession of the vehicle and all
reasonable costs and expenses incidental to recovery of the
vehicle shall be paid by the hirer to the lessors demand.
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| 13. |
Any
addition to or alteration of the terms and conditions of this
agreement should be agreed upon in writing by the parties.
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| 14. |
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 other liability of the lessor
which cannot be excluded as a matter of law. |
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| 15. |
Any
additional cleaned required by the lessor to return car
to original cleanleness at start of hire may be charged
to the hirer. This refers to additional cleaning equipment
hire, products and wages involved in returning the vehicle
to operational condition. |
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These
terms and conditions are part of the rental agreement |
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