The Hirer acknowledges that:
- They shall return the vehicle and its accessories to the place and on the date due back specified on the Rental Agreement.
- they have inspected the vehicle, which is supplied in accordance with the manufacturer’s specification, subject to any qualification or representation contained in any documentation supplied by the Lessor, and is satisfied that the vehicle is in satisfactory condition and is free from apparent defects or damage (except at indicated on the Rental Agreement).
- Subject to Clause 14 and except where the injury, loss or damage is caused by the Lessor, the Lessor shall not be responsible for any injury, loss or damage arising from the Driver’s use of the vehicle, nor shall the Lessor be liable for any indirect loss or damage, or, in the case of consumers, damage which was not foreseeable by you and us; and
- The Lessor shall not be responsible for injury, loss or damage arising from any defect or mechanical failure which is not attributable to any breach of the manufacturer’s warranty or any warranty implied by Law to take reasonable care or exercise reasonable skill.
During the rental period, the driver shall keep the vehicle and its accessories in his/her possession, and shall not allow a third party to take possession of the vehicle or it’s accessories and, when not in use, the driver shall keep the vehicle and it’s accessories adequately protected and secured.
The hirer shall, and shall procure that any driver shall, ensure that the vehicle will not be used;
- for hire or reward
- for racing, pacemaking, rallying, speed testing, driving tuition or similar purposes or for propelling or towing any vehicle, trailer or other object
- in any manner which might render void the insurance policy, or other contract of insurance.
- for any illegal purpose or contravention of any legislation affecting the vehicle, its use or construction
- by any person who:
- is not licensed to drive the vehicle
- is under 25 years of age or over 65
- is under the influence of drugs or drink
- has supplied the Lessor with a fictitious name or address
- has not been approved by the Lessor as a driver
- has been convicted of a motoring offence, the details of which have not been disclosed in writing to the lessor at the commencement of the Rental period
(f) outside England, Wales or Scotland without prior consent from the Lessor.
The Hirer agrees to pay on demand:
- the rental charges
- any applicable excess waiver fee, the personal accident, personal effects, and goods in transit insurance fees and any refueling charge.
- 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.
- 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 during the rental period, except where caused through the fault of the Lessor
- Any value added Tax, local or other taxes payable in respect of any of the above.
The hirer shall be responsible for all losses that the Lessor suffers as a result of any damage, fire or theft to or of the vehicle and its accessories during the rental period (unless caused as a result of the Lessor’s negligence or the Lessor’s breach of this agreement) and this shall include any loss of rental income incurred by the Lessor as a result.
The Hirer and any driver shall:
- ensure compliance with the terms, conditions and limitations of the insurance policy, which shall be deemed to be included in these terms and conditions as if the same were fully set out herein.
- inform the Lessor of any loss of or damage to or fault developing with the vehicle as soon as the hirer or driver becomes aware of the loss, damage or fault.
- at the request and cost of the Lessor permit to be done in his own name all acts and things as may be reasonably required by the Lessor for the purposes of repairing the vehicle or enforcing any rights 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.
- be responsible for any losses, expenses or other costs incurred by the Lessor by reason of a breach of this agreement by any driver.
- ensure that the maximum payload and individual axle plated weights are not exceeded.
- be responsible for the loading and unloading of the vehicle
- obtain or maintain any necessary operators license.
The Hirer and driver shall not:
- without the prior consent of the Lessor, incur any liability for repairs to the vehicle or its accessories in excess of £25 and
- make any claim for loss of or damage to any property left stored or transported in or upon the vehicle unless due to the Lessor’s negligence.
The Hirers liability will be limited to the amount of the Non-Waivable Excess if the driver pays the excess waiver fee in accordance with the current tariff or is part of an inclusive tariff rate offered by the Lessor. Even if an excess waiver fee is paid, ,the driver 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.
The Renal period shall not be extended without the Lessor’s express authorisation in writing and in any event shall not exceed 89 days.
In addition to a current and valid ordinary driving license, the hirer and any driver is required to possess a valid HGV driving license for all vehicles over 7.5 tonnes gross weight.
If the Hirer does not comply with any of the material conditions of this agreement, he shall return to the Lessor immediately and pay to the Lessor on demand such loss as is recoverable at law where that loss is caused by the Hirer’s non compliance. Where the hirer fails to return the vehicle, the Lessor may retake possession of the vehicle and all reasonable costs and expenses incidental to the Lessor’s recovery of the vehicle shall be paid by the Hirer to the Lessor on demand.
If any addition to or alteration to these terms and conditions if required, it is preferable that they are confirmed in writing by boh parties.
Nothing in these terms and conditions shall be deemed to exclude or restrict the Lessor’s 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.
These terms and Conditions are part of the Rental Agreement
4 Back Canning st, L8 7PB
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