Wrights of Northampton rental agreement.
Lessor agrees to rent and the Customer agrees to take the Vehicle described on the Rental Agreement, subject to the terms and conditions of this agreement.
Terms & Conditions
The Lessor identified on the Rental Agreement agrees to rent and the Customer agrees to take the Motor Vehicle described (herein called “Vehicle” which term shall include any replacement vehicle hereunder) subject to the terms and conditions of the Rental Agreement (herein called the “Agreement”).
- ‘The Customer’ means the person, company, firm or organisation by or on behalf of whom the Agreement is signed.
- ‘Authorised Driver’ means the driver(s) approved by the Lessor and the Customer whose name(s) and other particulars are recorded by the Lessor. The Authorised Driver does not include the Customer unless his name is recorded by the Lessor as a person authorised to drive the Vehicle. The Customer will ensure that any Authorised Driver will comply with all the terms and conditions of the Agreement.
- Any driver of the vehicle, by whosoever he is employed, will for all purposes be deemed the servant and agent of the Customer for the period of the Agreement and will in no circumstances be deemed the servant or agent of the Lessor.
- The Vehicle is the property of the Lessor and is in good overall condition. The customer will return the Vehicle with all tyres, tools, accessories and the equipment in the same condition as when received, ordinary wear and tear excepted, to the place and on the date shown on the Agreement or sooner if requested by the Lessor.
- The Customer will pay the Lessor on demand all the charges specified in the Agreement. The Lessor reserves the right to invoice customers at any intervals on the basis of an estimate of the time and mileage charges incurred by the Customer and the Customer agrees to pay the charges on the receipt of such invoice. Any appropriate adjustment in charges will be made on the return of the Vehicle to the Lessor. The number of miles over which the Vehicle has been driven pursuant to the Rental Agreement shall be determined by reading the standard mileage recording device attached to the Vehicle by the manufacturers.
- Subject to the provision of Collision Damage Waiver, the Customer is responsible for, and will reimburse Lessor on demand for, all loss and damage of whatsoever nature to the Vehicle or tyres, tools, accessories and equipment in or on the Vehicle, but Customer’s liability for such loss or damage shall not exceed £500.
This limitation of liability does not apply:
- When the Vehicle sustains overhead/undercarriage damage or damage caused by negligence, abuse or improper use;
- When Customer undertakes to provide own insurance with indemnity;
- If Customer is in breach of any of the provisions, terms and conditions of the Rental Agreement.
- The customer will at the request of the Lessor do all that is required by the Lessor for the enforcement of any rights or remedies against other parties in connection with the vehicle.
- The Lessor will in no event be liable to the Customer for any reason whatsoever for the loss of, or damage to, any property left or placed or carried by the Customer or any other person in or on the Vehicle or the premises of the Lessor either before, during or after the period of the Rental, whether or not attributable to or caused by the negligence of the Lessor, its servants, agents or employees. The Customer hereby assumes all risks of such loss or damage, waives any claims against the Lessor by reason thereof and agrees to indemnify the Lessor against all claims arising out of or in connection with any such loss or damage.
- (a) The Vehicle is covered against accidental loss or damage, fire, theft and third party liability (including passenger liability in respect of persons seated in permanently fixed seats as supplied by the Lessor) by a comprehensive insurance policy, a copy of which may be inspected during normal business hours at the office of the Lessor. The policy provides an indemnity without monetary limits for third party bodily injury or death. Damage to third party property is limited to £5,000,000. The Customer for himself, and on behalf of any Authorised Driver, agrees to comply with and be bound by all the terms, conditions and limitations of such policy which are hereby incorporated by reference into the Agreements as fully as if the same were set out herein. Clause 9 a) does not apply to Customers whose own insurance cover (with indemnity) has been accepted by the Lessor and the operation of which recorded overleaf by the signature of the Customer.
(b) Every accident involving the Vehicle shall be reported at once to the office of the Lessor and an accident report form obtainable therefrom be completed within 24 hours. The Customer or any Authorised Driver will obtain the names and address of witnesses where possible: will make no admission of liability: will deliver to the Lessor all summonses, writs and documents received; will not aid or abet any claimant but will co-
operate fully with the Lessor and the Lessor’s Insurance Company in the investigation and defence of any claims.
(c) The Vehicle will not be used:
(i) for the carriage of passengers for hire or reward;
(ii) for any illegal purpose;
(iii) to propel or tow other vehicles;
(iv) for racing, pacemaking, reliability trials, speed testing other contests or driving tuition;
(v) in violation of the provisions of any Act, Order or Regulation affecting the use, loading or condition of the Vehicle;
(vi) to carry a greater number or passengers and/or larger load than recommended by the Vehicle manufacturer;
(vii) outside the United Kingdom with the express agreement in writing of the Lessor;
(viii) otherwise than on a made-up road or carriageway;
(ix) in connection with a business or trade or for hire and reward unless the Customer holds a valid and current ‘Operators Licence’ for all relevant vehicles;
(d) The Vehicle shall not be driven or operated by any person:
(i) other than an Authorised Driver;
(ii) who has given a fictitious or false name, age or address;
(iii) who has had a conviction for any motoring offence (other than for parking) or had their licence suspended during the past 5 years or has any prosecution pending unless details have been disclosed to the Lessor;
(iv) who is under the influence of alcohol, hallucinatory drugs, narcotics, barbiturates or suffers from any physical or mental defect or infirmity;
(v) who has within the preceding period of 3 years been convicted of any motoring offence or involved in any accident unless details disclosed to the Lessor;
(vi) who has not held an appropriate lawful full licence for more than 24 months prior to the date of the rental;
(vii) who is below the age of 25;
(viii) who has had any motor insurance proposal declined or any motor insurance cancelled or special terms imposed;
(ix) in any manner which will render any applicable insurance policy void.
10. The Customer will immediately inform the Lessor of any loss or damage to, or fault or deterioration in, the Vehicle and will not use the Vehicle whilst it is in an unroadworthy condition or liable to cause damage to any person or property.
11. The Lessor accepts no responsibility for delays caused by or attributable to the breakdown or malfunction of the Vehicle or any other circumstances whether similar or not.
12. All traffic offences or violations or parking regulations involving the Vehicle during the period of the period of the rental, including all fines or penalties will be the responsibly of the Customer, who will indemnify the Lessor in respect of such.
13. No right of the Lessor under the Agreement will be waived except in writing signed by a duly authorised representative of the Lessor.
14. (a) The rental of the Vehicle (and the insurance cover provided in condition 9(a) can only be extended beyond the return date specified, by the Customer presenting himself at the Lessor’s office. The Lessor reserves the rights to refuse such extension. In any event the maximum period of hire will not exceed 90 days.
(b) The vehicle is not covered by any insurance cover provided in condition 9(a) after the date on which the Vehicle is to be returned to the Lessor unless the rental is extended in accordance with sub-clause 14(a) above.