TERMS AND CONDITIONS

Rental Agreement Terms and Conditions

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1. In this Agreement the following terms shall have the meanings hereby respectively assigned to them.

Lessor: Southern Motor Contracts Ltd T/A Motorent, Endeavour Business Park, B2 Penner Road, Havant, Hants, PO9 1QN

Hirer: The person named as such overleaf.

Driver: The Hirer and/or other person named as such overleaf or any other person specifically approved by the Lessor to drive the vehicle during the duration of this agreement.

Vehicle:  The original vehicle described overleaf or any replacement vehicles.   

Accessories: The spare wheel, tools or any other items with which the vehicle is supplier and any replacements thereof. 

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.

Rental Charges: The hire charges for the rental period calculated in accordance with the Lessor’s current tariff.

Refuelling Charge: A surcharge which is added to the cost of the amount of the amount of “top-up” fuel needed when the vehicle is returned to the Lessor. Calculated in accordance with Lessor’s current tariff.

Excess Amount: The sum specified overleaf as the excess amount.

Excess Waiver 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.

Non-Waivable Excess: The hirer’s liability will be limited to the amount of the non-waivable excess if excess waiver is purchased in accordance with the Lessor’s current tariff or is part of an inclusive tariff rate offered by the Lessor.

Current Tariff: The Lessor’s tariff current at the commencement of hire.

The Insurance Policy: The Lessor’s policy of insurance on the vehicle a copy is available for inspection at the renal location.

2.      The Hirer acknowledges that:

1. The vehicle is fit for his purpose and undertakes to return it and its accessories to the place and on the date due back specified overleaf;
2. He/she has received the vehicle free from apparent defects or damage (except as indicated on collection)
3. 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 or damage, or in the case of consumer, damage which was not foreseeable by both parties

1. The Lessor shall not be liable for damages arising from defects or mechanical failures which are attributable to any breech of the

manufacturer’s warranty or any warranty implied by law to take reasonable care or exercise reasonable skill.

3.      During the rental period the hirer shall keep the vehicle and all its accessories in his or any approved driver’s possession and free from legal

process or lien and when not in use adequately protected and secured.

1. The hirer and any driver shall ensure that the vehicle will not be used:
   1. For hire or reward
   2. For racing, pacemaking, rallying, speed testing, driving tuition or similar purposes or for propelling or towing any vehicle, trailer or other object.
   3. In any manner which might render void the insurance policy, or other contract of insurance.
   4. For any illegal purpose or in contravention of any legislation affecting the vehicle, its use or construction.
   5. By any person who

1. is not licensed to drive the vehicle

ii)                 is under 23 years of age or over 70

iii)                is under the influence of drink or drugs

iv)                has given a fictitious name, age or address

1. has not been approved by the Lessor as a driver

vi)                 has been convicted of a motoring offence the details or which have not been disclosed in writing to the Lessor at the commencement of hire

f)                 Outside England, Wales or Scotland without prior written consent of the Lessor.

5.     The hirer agrees to pay on demand;

1. Rental charges
2. Any appropriate Excess Waiver insurance fees, and any refuelling and miscellaneous charges.
3. 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.

d)                 All fines and court costs 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. Should fines remain unpaid by the hirer and are then paid by the Lessor, this will incur an administration fee to the hirer at £25. +VAT

e)                 Any value added tax, local or other taxes payable in respect of any of the above.

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 to or 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. This clause applies whether you have insurance or not.

7.      The Hirer and any driver shall:

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.

1. Inform the Lessor immediately of any loss or damage to or fault developing in the vehicle.
2. 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 right or remedies or of obtaining relief from other parties in respect of any loss of damage to or in

connection with the vehicle or its accessories.

1. Indemnify the Lessor against any loss incurred by reason of any breach of this Agreement by the Hirer or any driver.
2. Ensure that maximum payload and individual axle plated weights are not exceeded.
3. Be responsible for the loading or unloading of the vehicle.
4. Obtain or maintain any necessary operator’s licence.
5. Check fluid levels every 1,000 miles. Any damage resulting from negligence to comply with this will result in the Lessor charging full repair costs to the hirer.
6. The hirer must refuel the vehicle with the appropriate class of fuel, and this amount will be paid for by him in all cases.  Any cost, resulting from the use of

inappropriate fuel shall be met by the hirer.

8.      The Hirer and any driver shall not:

1. Without prior consent of the Lessor incur any liability for repairs to the vehicle in excess of £25.
2. Be the agent or servant of the Lessor for any purpose.
3. Make any claim for loss off or damage to any property left stored or transported in or upon the vehicle unless due to our negligence.

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

 their accessory arises from the negligent or wilful action of the Hirer or any driver.

1.  The period of hire as specified overleaf shall not be extended without the Lessor’s express authorisation in writing and in any event the period of this agreement shall

 not exceed 90 days.

11.     HGV Driving licence is required for all vehicles over 7.5 tonnes gross vehicle weight. HGV Driving licence MUST be accompanied by a current and

 valid ordinary driving licence.

12.      If the hirer does not comply with any of these conditions, he/she shall return the vehicle to the Lessor immediately and pay to the Lessor on demand

  any loss it suffers in respect of the hirer’s non-compliance, failing which the Lessor shall be at liability to retake possession of the vehicle and all costs

  and expenses incidental to recovery of the vehicle shall be repaid by the Hirer to the Lessor on demand.

13.      Any addition to or alteration of the terms and conditions of this agreement should be agreed upon in writing by the parties.

14.      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.

15.      If the hirer commits any breach of this agreement, the Lessor may without notice retake possession of the vehicle and any documents relating to the vehicle and

           for such purposes may enter upon premises belonging to or in the occupation or control of the hirer.

16.     The Lessor may at any time pass information about the hirer or the vehicle to the finance company who provide finance to the Lessor in relation to the vehicle (or any

           Member of that finance company’s worldwide group of companies) so that they or their agent(s) can enforce any rights to the vehicle.  Personal data may be transferred

          To the above recipients to countries ouside the EEA (including the USA and India)

17.     This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be

          Governed by and construed in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive

          Jurisdiction to settle any such dispute or claim.

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