Terms and Conditions for hiring a Take Stock van
1. In this Agreement the following terms shall have the meanings hereby respectively assigned them.
Hirer: The person named as such overleaf or any person who is pretending to be the Hirer.
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 vehicle.
Accessories: The spare wheel, tools and other items with which the vehicle is supplied and any replacements thereof.
Rental Period: The period from the date I 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 plus any mileage charge applicable.
Non Waivable Excess: The sum specified overleaf as the excess amount and payable as a liability by the Hirer under the terms of the Insurance Policy.
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 of which is available for inspection at the rental location.
2. The hirer acknowledges that:
(a) the vehicle is fit for the purpose and undertakes to return it and its accessories to the place and on the date due back specified 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 or damage, or, in the case of consumers, damage which was not 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 manufacturers 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 its accessories in his or any approved driver’s 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 and its accessories adequately protected and secured and must use any security or safety device provided including seat belts as appropriate.
4. The Hirer and any Driver shall ensure that the vehicle will not be used:
(a) for hire or reward.
(b) for racing, pace making, rallying, speed testing, driving tuition or similar purposes or propelling/towing any vehicle, trailer or other object.
(c) In any manner which might render void the insurance policy, or other contract of insurance.
(d) for any illegal purpose or in contravention of any legislation affecting the vehicle, its use or construction
(e) for carrying any object /substance which, because of its condition or smell may harm the vehicle and/or delay the ability to rent the vehicle.
(e) By any person who
(i) is not licensed to drive the vehicle
(II) has held a full driving licence for less than a year
(iii) is under 21 years of age or over 75
(iv) is over-tired or under the influence of drink, drugs or medication or any other legal or illegal substance impairing their ability to react.
(v) has given a fictitious name or address
(vi) has not been approved by the Lessor as a driver
(vii) has been convicted of a motoring offence the details of which have not been disclosed in writing to the Lessor overleaf.
(f) outside England, Wales or Scotland without prior written consent of the Lessor.
5. The Hirer agrees to return the vehicle to the agreed location at the agreed time as stated overleaf, in the same condition as it was rented subject to fair wear and tear. The vehicle will remain the responsibility of the Hirer until signed in by the Lessor. Failure to return the vehicle at or before the agreed time will result in additional charge of an extra day’s rental for every day or part of a day that the vehicle is overdue. Prearranged out of hours returns are subject to an administration charge in accordance with the Current Tariff.
6. The rental vehicle will be supplied with a full tank of fuel. If the vehicle is returned with less than a full tank of fuel, a refueling charge will be payable for fuel and the service of refueling, in accordance with the Current Tariff.
7. The Hirer agrees to pay on demand and in accordance with the Current Tariff where applicable:
(a) rental charges and any appropriate mileage charges.
(b) any appropriate insurance fees, refueling charges, reservation charges, miscellaneous charges and administration charges
(c) a reasonable additional cost if the vehicle requires more than our standard cleaning on its return to restore it to its pre-rental condition.
(d) the excess amount in respect of each incident resulting in damage to or loss to the vehicle including keys, 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.
(e) all fines and court costs incurred in relation to the vehicle by the Hirer from the commencement of the rental until the vehicle is returned to the Lessor, except where caused through the fault of the Lessor, plus any administration charges in accordance with the Current Tariff.
(f) any Valued Added Tax, local or other taxes payable in respect of any of the above.
8. The Hirer is fully responsible for all road tolls, fines, charges including congestion charges, or other consequences of the violation of traffic regulations, parking orders or prohibitions, or any other laws or regulations, during the rental . If the Lessor is required to pay such , the Hirer will be charged with that sum plus any administration charges in accordance with the Current Tariff.
9. The Hirer is fully responsible for payment of any restoration charges and/or loss of revenue to the Lessor for the period during which the vehicle is unavailable for rental if the vehicle is seized by HM Custom and Excise.
10. The Hirer shall compensate the Lessor in full on demand for any loss suffered 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. This clause shall not apply to any loss caused by or the responsibility of the Lessor.
11. All charges will be calculated in accordance with the Current Tariff and subject to final calculation after the rental. The Hirer is not entitled to repayment of the deposit or any part thereof until this time and no interest shall be due on any deposit held.
12. If the Hirer does not pay any of the charges owing to the Lessor under this Rental Agreement within the time limit indicated on the statement of account, the Lessor reserves the right to charge interest in addition to the outstanding charges at a rate of 3% above Bank of England base rate
13. 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.
(b) inform the Lessor of any loss of or damage to or fault developing in the vehicle as soon as the Hirer/Driver becomes aware of this.
(c) 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.
(d) indemnify the Lessor against such loss as is recoverable at law where that loss is incurred by reason of a breach of this Agreement by the Hirer or any driver.
(e) be fully responsible for damage caused by failure to assess the height of the vehicle and striking overhead or overhanging objects.
(f) ensure that maximum payload and individual axle plated weights are not exceeded.
(g) ensure that all loads are properly secure within the vehicle at all times and shall be responsible for the holding and unloading of the vehicle.
14. The Hirer and any driver shall not:
(a) without prior consent of the Lessor incur any liability for repairs to the vehicle.
(b) be the agent or servant of the Lessor for any purpose.
(c) make any claim for loss or damage to any property left stored or transported in or upon the vehicle unless due to our negligence.
15. In the event of accident theft or vandalism, the Hirer and any Driver must, where possible report any incident involving the vehicle to the police immediately and to the Lessor within 24 hours. The Hirer/Driver must not admit any liability and a report form must be completed to include the names and addresses of any persons involved or witness to the incident. Full co-operation must be given to any investigation or subsequent legal proceedings arising. In the event of theft, the vehicle keys and any remote control anti-theft device must be returned to the Lessor.
16. The period of the hire as specified overleaf shall not be extended without the Lessors express authorization in writing and any event the period of this Agreement shall not exceed 90 days.
17. 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 to the Lessors 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 shall 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 Lessor on demand.
18. The Lessor reserves the right to vary the rates, conditions and periods of hire at any time and to refuse a hire to any person without giving a reason.
19. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, in whole or in part , under applicable law such provision or part shall to that extent be deemed not to form part of this Agreement but the remainder of this Agreement shall continue in full force and effect.
20. Any addition to or alteration of the terms and conditions of this Agreement must be agreed in writing by the parties.
21. 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.