1.1 These Terms and Conditions shall be incorporated into and govern this Agreement made between The Owner (LCV Hire Solutions Limited) and The Renter whose name and address is set out overleaf to the exclusion of all or any other Terms and Conditions.
1.2 Words and expressions defined overleaf shall where applicable have the same meanings when used herein. In addition the term “Vehicle” when used herein shall (if applicable) be deemed to include any replacement Vehicle and all tyres, tools, accessories, parts and equipment relating to The Vehicle, and the Owner’s ownership of The Vehicle is subject to the terms of any commercial financing agreement.
1.3 Where the person signing this Agreement on behalf of The Renter is not The Renter, he or she represents and warrants to The Owner that he or she is authorised to sign and to enter into this agreement for and on behalf of The Renter and all agreements and obligations on the part of The Renter hereunder shall be deemed to be made by such person jointly and severally with The Renter.
2 Hire of The Vehicle
2.1 The Owner agrees to let and The Renter agrees to rent The Vehicle upon and subject to the Terms and Conditions of this agreement.
2.2 The Period of hire shall commence on the “Time and Date Out” upon the Rental Agreement and shall continue (subject to earlier termination by either party or any extension in accordance with this Agreement) until the “Time and Date Due Back and/or Insurance Expires” as shown upon the Rental Agreement.
2.3 The period of hire may not be extended beyond 30 consecutive days without The Owner’s prior consent, such consent being determinable by the provision of 7 days’ notice by the Owner.
3 Prohibited Uses
3.1 The Renter will not use The Vehicle or allow The Vehicle to be used for any purpose for which it is neither designed or suitable, nor hired including (without limitation) the carriage of passengers and/or property for hire or reward; any unlawful hazardous or unusual purpose; propelling or towing any other Vehicle or trailer or for any similar purpose without The Owner’s prior written consent; racing, rallying, pace-making, reliability trials, speed testing or other trials, competition of any sort or driving tuition; carrying a number of passengers and/or property which would cause the Vehicle to be overloaded or would cause any applicable restriction to be exceeded; on any surface other than roads with a Tarmacadam or concrete surface over which there is a right of way (public or private) for motor vehicles. The Renter and any driver shall ensure that The Vehicle will not be used for any illegal purpose or in contravention of any legislation affecting The Vehicle, its use or construction.
3.2 The Renter will not allow The Vehicle to be driven by any person who: (a) is not licensed to drive The Vehicle; (b) is under 21 years of age or over 70; (c) is under the influence of alcohol or drugs; (d) has not been approved by The Owner as a driver; (e) has been convicted of a motoring offence the details of which have not been disclosed in writing to The Owner at the commencement of the rental period.
3.3 The Renter will not take or allow The Vehicle to be taken outside the United Kingdom without The Owner’s prior written consent. As a pre-condition of any consent The Renter must produce to The Owner evidence satisfactory to The Owner of adequate European Breakdown Cover & insurance arrangements for The Vehicle for the duration of the trip.
4.1 The Renter will pay The Owner on demand: (a) the Total Deposits together with any further deposits requested by The Owner on or before the commencement of any extension of the period of hire, which The Owner may apply at any time towards payment of any sums due from The Renter hereunder; (b) the rental and mileage charges computed at the rate specified for the mileage covered or deemed to have been covered by The Vehicle from the commencement of the period of hire until The Vehicle is returned to The Owner in accordance with the terms of this Agreement as recorded by the odometer installed in The Vehicle when received provided that if The Owner decides that in its absolute discretion that the odometer has failed or malfunctioned with in any way the mileage charge shall be estimated by The Owner in its absolute discretion; (c) all fines, the penalties, costs, charges and liabilities related to parking, road traffic or other offences or contraventions incurred in relation to The Vehicle by The Renter or The Owner (except where caused through fault of The Owner) from the Commencement of this Agreement until The Vehicle is returned to The Owner in accordance with the terms of this Agreement; (d) the Owners costs of repairs or replacing The Vehicle in the event of loss, theft or damage howsoever caused plus loss of revenue to The Owner (calculated at The Owners unlimited mileage charges for the period during which The Vehicle shall remain unavailable for rental by reason of such matters); (e) the cost of refuelling The Vehicle if returned to The Owner with less fuel than was contained in The Vehicles fuel tank at the commencement of the period of hire together with The Owners current tariff for refuelling service charges; (f) the Owners costs incurred in recovering The Vehicle in the event The Renter fails to return it to The Owner in accordance with the terms of this Agreement; (g) any value added tax (VAT) or local or other taxes payable in respect of any of the above.
4.2 All overdue payments shall bear interest on the amount overdue at the rate of 15% per annum from the date such sums become due to the date of actual payment.
5 The Renters Obligations
The Renter shall at all times during the terms of this Agreement: (a) take proper care of The Vehicle and ensure The Vehicle is used in a lawful and reasonable manner in all respects and in particular (without limitation) will keep The Vehicle locked when not in use; (b) return The Vehicle to The Owner in the same condition as when received as evidenced by The Renter’s signature on The Owner’s ‘Check Sheet’ relating to The Vehicle (fair wear and tear only expected) to The Owners address specified overleaf immediately upon demand by The Owner (such demand not to be made without reasonable cause) subject to a refund to The Renter of any sums already paid by The Renter in excess of those due under the terms of this Agreement; (c) immediately report any accident, loss or damage involving The Vehicle to The Owner and the Police or other proper authority and at The Owner’s request complete The Owners accident report form without delay; (d) immediately report any breakdown, fault or defect reasonably requiring repair to The Owner and will not in the case of a defect or fault which makes The Vehicle unroadworthy or liable to cause damage or danger to persons or property or further damage to The Vehicle use The Vehicle until such defect or fault has been repaired or corrected and will take all reasonable steps to prevent or mitigate any loss or damage occurring to The Vehicle; (e) obtain The Owners prior written consent before incurring repair costs in excess of £25; (f) not remove or interfere with any Vehicle parts or spares or with any identification marks or plates affixed to The Vehicle; (g) inform The Owner immediately upon request of the whereabouts of The Vehicle; (h) not sell, mortgage, charge, pledge, assign, underlet, lend or otherwise dispose of or part with possession of The Vehicle at any time or contract to do so or otherwise deal with The Vehicles in any manner inconsistent with The Owner’s rights or The Renter’s obligations arising under this Agreement; (i) maintain all oil and fuel levels and tyre pressures in accordance with the manufacturers recommendations; (j) at The Owners request assist The Owner in enforcing any right or remedies The Owner may have against third parties in respect of any loss or damage to or in connection with The Vehicle arising during the term of this Agreement.
6.1 The Renter is responsible for any damage caused to tyres and tubes (fair wear and tear excepted). The Renter is responsible for all breakages to windscreens, rear windows and side windows. The Renter shall have exclusive possession control and use of this motor vehicle for the entire period of this agreement and The Renter shall completely assume full responsibility to the public and any regulatory body having jurisdiction. The Renter undertakes to drive and use The Vehicle in a skilful and careful manner at all times. Each Vehicle specified in the contract is hired as a separate unit and the breakdown or stoppage of one or more units or Vehicles (whether the property of The Owner or otherwise) through any cause whatsoever shall not entitle The Renter to compensation or allowance for the loss of working time or to compensate for losses of any other kind. These Terms and Conditions cannot be varied by any terms and conditions set out in The Renters official order, contract or tender document.
6.2 In the event that The Vehicle is damaged whilst on hire to The Renter, The Owner will issue to The Renter a quotation for the cost of repairs and if The Renter does not dispute the quotation in writing within 3 working days, The Owner may issue to The Renter an invoice for the full cost of such repairs and The Renter shall be liable to The Owner for the full amount of such an invoice, which will be payable before (as well as after) The Owner carries out the repairs.
7 Limitation of Liability
7.1 The Owner warrants that from the commencement of the period of hire; (a) to take all reasonable steps to provide The Renter with a well maintained Vehicle; (b) when informed of a breakdown by The Renter to see all necessary repairs are carried out promptly if possible; (c) if repairs cannot be carried out promptly to provide a substitute Vehicle or allow The Renter to terminate the hire of the Vehicle;
7.2 All other warranties, conditions or terms relating to contracts of hire and whether implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. In particular (but without limitation) The Owner shall not be liable to The Renter for any indirect or consequential loss or damage (including loss of revenue), costs, expenses, liabilities or any other claims or demands arising out of or in respect of: (a) any breakdown, malfunction, failure or defect of The Vehicle; (b) any property left, stored or transported by The Renter or by any other person in or upon The Vehicle either before or after the return of The Vehicle to The Owner. Provided always that nothing herein contained shall restrict or exclude The Owner’s liability for death or personal injury caused by The Owner’s negligence or any other liability of The Owner that cannot be excluded as a matter of law.
8.1 The Renter has elected personally to insure The Vehicle as evidenced by The Renter’s signature upon the Rental Agreement. The Renter further agrees to protect the interests of The Owner and in the case of an accident during the terms of this Agreement by: (a) making every endeavour to obtain names and addresses of parties involved and of witnesses; (b) not admitting liability or guilt to any third party; (c) not abandoning The Vehicle without adequate provisions for safeguarding and securing the same; (d) calling The Owner’s office by telephone using the number specified overleaf (or such other number as The Owner may specify) and further giving a detailed report including (without limitation) plans and drawings to The Owner; (e) notifying the police or other proper authority immediately.
8.2 Where The Renter has elected personally to insure The Vehicle (evidenced as aforesaid) The Renter undertakes to insure and keep insured The Vehicle during the term of this Agreement under a fully comprehensive motor insurance policy (including windscreen damage) to its full replacement value, free from limitation or excess with reputable insurers. The Renter agrees to observe all the terms and conditions of the said policy. The Renter shall at The Owner’s request supply full details of such policy to The Owner and shall ensure The Owner’s interest in The Vehicle is endorsed upon the said policy. The Renter shall procure that any money paid by The Renter’s insurers under the said policy is paid directly to The Owner, and The Renter shall compensate The Owner for any loss or damage suffered by The Owner in excess of any monies received by The Owner. If The Renter is in breach of this condition then The Renter shall indemnify The Owner against all direct or indirect claims whatsoever for loss or damage howsoever arising.
8.3 The Renter shall immediately report any accident to The Owner or its insurers if so directed by The Owner every process or notice or paper of any kind received by The Renter or any driver of The Vehicle relating to any claim suit or proceeding connected with any accident or event involving the Vehicle. Neither The Renter nor any driver of the Vehicle shall aid or abet the assertion of any such claim suit or proceedings and shall cooperate fully with The Owner and it’s insurer in investigating and defending the same.
8.4 The Renter is responsible for theft of The Vehicle and in the event of The Vehicle being stolen the hire charges will continue until settlement is received in full.
The Renter will indemnify and hold harmless The Owner and keep The Owner indemnified and held harmless against all costs losses claims or damages expenses and liabilities of whatsoever nature suffered incurred or sustained by The Owner as a result of or in connection with:
9.1 Any breach by The Renter of any of the provisions of this agreement and,
9.2 Any loss to or damage to property left stored or transported by The Renter or by any other person in or upon Vehicle either before or after return of Vehicle to The Owner.
9.3 Provided that this indemnity shall not apply to any liability of The Owner for death or personal injury caused by The Owner’s negligence or any other liability or The Owner which cannot be excluded as a matter of law.
10.1 If The Renter: (a) commits any breach of this agreement (including, without prejudice to the generality of the foregoing, failing to pay any monies due to The Owner by the due date); (b) has made a statement, representation or warranty overleaf or in these Terms and Conditions which The Owner discovers is not accurate; (c) has any distress or execution levied against any of his property; (d) where an individual, has a bankruptcy petition issued against him or proposes terms for an Individual Voluntary Arrangement with creditors; (e) where a limited company, has a petition or application issued against it to put the company into liquidation (whether compulsory or voluntary), administration or receivership or makes a proposal to creditors for a Company Voluntary Arrangement; then this agreement shall immediately terminate (without prejudice to The Owner’s rights against The Renter in respect of any losses caused by The Renter’s breach(es) of this Agreement) without The Owner being required to give any notice to The Renter whereupon The Owner shall have no further obligations to The Renter and The Renter will immediately return The Vehicle to The Owner or its duly appointed agent at such location as The Owner may specify in its discretion.
10.2 On the expiry or termination of this Agreement, howsoever occasioned, The Renter shall no longer be in possession of The Vehicle with The Owners consent and The Renter shall forthwith return The Vehicle in same condition as when received as evidenced by The Renter’s signature on The Owner’s “Check Sheet” relating to The Vehicle (fair wear and tear only excepted) to The Owner’s address specified overleaf, or to the extent that The Owner does not have title, return The Vehicle to the financier who has title or allow the financier to inspect and remove The Vehicle. Provided that under no circumstances shall The Renter return The Vehicle to The Owner outside The Owner’s normal published opening hours without The Owner’s prior written consent. If The Renter commits any breach of this Agreement, The Owner 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 Renter.
10.3 The Vehicle will remain at the risk of The Renter until 2 working days after it has been off hired and The Renter should ensure that where The Vehicle has been hired subject to The Renter’s own insurance the insurance remains in force failing which The Renter may be personally liable for any loss or damage which occurs.
11 Entire Agreement
This Agreement constitutes the entire agreement and understanding between the parties and in the event of any conflict between these Terms and Conditions and the terms set out in a Service Level Agreement (if any) these Terms and Conditions shall prevail. No variation to this Agreement shall be binding unless agreed in writing by The Owner.