Terms & Conditions
1 COMMENCEMENT OF HIRE
1.1 The hiring of the Vehicle will commence on the date on which the Vehicle is delivered to or made available for collection by the Hirer (“the Commencement of Hire\")
1.2 The Owner will prepare a Vehicle Delivery and Acceptance Form for each Vehicle, which will specify the precise details of that Vehicle. At the time of delivery or collection of the Vehicle the said form will be signed by the Hirer or by a person authorised on its behalf, which signature shall constitute the Hirer\'s acceptance of the relevant Vehicle
1.3 The Owner will use all reasonable endeavours to have each Vehicle available for delivery or collection on the date specified in the Schedule but the Owner shall not incur any liability whatsoever in the event of any delay
2 RENTALS
2.1 The Hirer will pay to the Owner the Rentals stated in the Schedule (subject to any adjustment as provided in clause 4 below)
2.2 All payments due hereunder (if not made by Direct Debit or Banker\'s Order), shall be made to the Owner at the address stated herein or at such other address as the Owner may from time to time communicate to the Hirer. Any payments sent by post shall be so sent at the risk of the Hirer.
3 USE OF VEHICLE
3.1 Save with the prior written consent of the Owner the Hirer may use the Vehicle only for the purposes of agriculture and forestry. The Vehicle is not to be used, and the hirer will not permit it to be used, for any purposes for which it is not expressly designed.
3.2 The Hirer agrees that it will not:
3.2.1 Without the prior consent of the Owner effect any mechanical or other modification to the Vehicle, or make any alterations or additions, and any such additions alterations or modified parts which may be made (whether with or without consent) shall become part of the Vehicle and shall belong to the Owner;
3.2.2 Remove or interfere with any identification marks or plates affixed to the Vehicle nor attempt or purport to do so nor permit the same;
3.2.3 Deface the paintwork or bodywork of the Vehicle nor add or erect any painting, sign-writing, or lettering, to or on the Vehicle.
4 DUTIES OF THE OWNER
The Owner shall during the continuance of this Hire Agreement:
4.1 Obtain and (subject to the provisions of clause 5.8 below) pay for the vehicle excise licence.
4.2 Carry out or at the Owner\'s option reimburse to the Hirer the cost of regular service and maintenance (including materials, oil, grease and lubricants) in accordance with the manufacturer\'s recommendations together with the cost of any necessary repairs or replacements except where such repair or replacement is necessitated by any accident or by any negligent use or abuse of the Vehicle. If the said service or maintenance is not carried out by the Owner or its agents, the Owner will require proof of the work having been carried out by way of original receipted invoices;
4.3 In the event a Vehicle becomes temporarily un-roadworthy (other than as a result of accident, damage, theft or vandalism), use reasonable endeavours to make available a replacement Vehicle (not necessarily of the same type and age) for collection by the Hirer within 48 hours (or so soon thereafter as is practicable) after the receipt of notification from the Hirer requesting the same. The said replacement Vehicle shall be available to the Hirer for a maximum period of 21 days. The Owner may at its discretion from time to time withdraw any Vehicle and substitute another Vehicle of similar make and type.
5 DUTIES OF THE HIRER
The Hirer shall during the continuance of this Hire Agreement:
5.1 Pay to the Owner interest at the rate of 4 per cert per annum above the mean Base Rate for the time being of Barclays Bank Plc on all sums which from time to time may be due from the Hirer to the Owner hereunder and remain for the time being unpaid, such interest being calculated from the due date until actual payment compounded quarterly and to be payable as well after as before any judgment obtained in respect thereof;
5.2 Ensure that the Vehicle is operated properly and safely by competent and properly trained drivers over the age of 17 years who at all times hold valid and current driving licences in the appropriate classes;
5.3 Deliver and collect the Vehicle to and from any maintenance or repairing agent and pay for cost of moving the Vehicle to a repairing agent when it has become un-roadworthy;
5.4 Subject to the provisions of clause 4.2 hereof, pay for all diesel, oil and lubricants for the proper running of the Vehicle;
5.5 Indemnify the Owner against all fines, penalties and liabilities imposed on the Owner or arising in respect of any non-compliance or contravention of any transport, traffic or other law or regulation, together with any cost or expense relating thereto incurred by the Owner;
5.6 Collect from and return to the Owner, or from and to such place as the Owner shall advise, any replacement Vehicle made available to the Hirer in accordance with clause 4.3 hereof. The replacement Vehicle shall be returned within 24 hours after the Hirer has been informed by the Owner that the original Vehicle is ready for collection, failing which the Hirer will pay additional rentals for the replacement Vehicle at a rate determined by the Owner for the period during which the replacement Vehicle is retained by the Hirer;
5.7 Bear the cost of the repair of rectification of any damage to the Vehicle resulting from negligence or improper use of the Vehicle by the Hirer or any person permitted by the Hirer to use the Vehicle;
5.8 Reimburse to the Owner any amount by which the cost of the annual Vehicle excise licence is increased above the list current at the date of this Hire Agreement;
5.9 Pay all costs incurred by the Owner in respect of the supply and fixing of any accessories, extras or additions which may be required by law or which are fitted to the Vehicle at the request of or by the Hirer;
5.10 Not sell, assign, mortgage, let on hire or otherwise dispose of or part with possession of any Vehicle or part thereof or charge the benefit of this Hire Agreement nor attempt or purport to do so;
5.11 Take all necessary steps at its own expense to retain and recover possession and control of any Vehicle of which the Hirer loses possession or control;
5.12 Permit the Owner or its authorised representatives at all reasonable times to enter upon the premises where each Vehicle may from time to time be garaged or parked to inspect and test the condition of the Vehicle or recover the vehicle;
5.13 Notify the Owner of any change in the Hirer\'s address and upon request by the Owner promptly inform the Owner of the whereabouts of the vehicle;
5.14 In respect of the condition and maintenance of the Vehicle, be solely responsible at its own cost for:
5.14.1 Regularly checking and adjusting as necessary (with the fluids or lubricants specified in the Schedule (if any)) the radiator battery engine gearbox and hydraulic fluid levels;
5.14.2 Regularly cleaning the exterior and interior of the Vehicle and at the termination of the period of hire returning the Vehicle to the Owner in a clean and tidy state;
5.14.3 Promptly repairing damage;
5.14 4 Keeping accurate records of servicing;
5.14.5 Arranging the regular servicing of the Vehicle (subject to clause 5.3 above);
5.14.6 Replacing any cracked, shattered, broken or splintered windscreens or windows.
5.15 Not use or permit the Vehicle to be used or operated in a manner contrary to any statutory provision or regulation or in any way contrary to law, having regard in particular (but without prejudice to the generality of the foregoing) to the regulations affecting maintenance and usage of tyres and the Hirer will be liable for any offence which may be committed with respect to the vehicle when it is in the hirer’s possession or custody and any excess charged which may be incurred in pursuance of any order and the Hirer acknowledges that during the continuance of this Agreement for the purpose of section 66 of the Road Traffic Offenders Act 1998 and schedule 6 of the Road Traffic Act 1991 (as amended or replaced by any new legislation) the Hirer will be liable as owner of the vehicle hired in respect of any fixed penalty offence.
6 INSURANCE
6.1 The party specified in paragraph (2) of the Schedule will throughout the continuance in force of this Hire Agreement without prejudice to the liability of the Hirer to the Owner keep the Vehicle (including any replacement Vehicle provided under clause 4.3 above) comprehensively insured with an insurance company of good repute.
6.2 The Hirer shall indemnify the Owner against all loss or damage to the Vehicle not recoverable under the policy of insurance.
6.3 Where the Hirer is liable to insure the Vehicle he shall request the insurers to endorse a note of the Owner\'s interest in the Vehicle on the policy of insurance and shall on demand produce to the Owner the policy of insurance, the premium receipts and the certificate of insurance. The hirer shall pay, on demand to the Owner, any money received under any such policy of insurance.
6.4 Where any event or accident shall occur which is a risk covered by the insurance hereunder, the Hirer shall immediately notify the Owner thereof, and shall not compromise any claim without the consent of the Owner. If any Vehicle is declared a total loss, the hire thereof shall terminate. In such event the proceeds of any insurance received shall at the option of the owner be applied:
6.4.1 Towards a replacement of equivalent value which replacement shall be deemed to be included in this Agreement for all purposes and the Hirer shall continue to be liable to pay Rental as if such loss had not taken place; or
6.4.2 In or towards payment to the Owner of the sum necessary to compensate the Owner for the loss of profit suffered as a result of the loss of that Vehicle.
6 4.3 The Owner shall have the right itself to repair or have repaired any Vehicle which is the subject of an accident. If the Owner does not choose to do so the Hirer shall be liable to reinstate or repair at its own expense (but subject to any insurance proceeds) the Vehicle which has not become a total loss and shall continue to pay Rental in respect of such Vehicle during such reinstatement of repair.
6.5 The Hirer will be liable to pay to the Owner for any amount deducted by insurers by way of excess or in respect of damage caused to the Vehicle prior to the date of total loss, and (subject to the application of insurance proceeds under clause 6.4 above) shall indemnify the Owner against all and any loss suffered by The Owner in consequence of the loss or destruction of the relevant Vehicle.
6.6 The Hirer shall not do anything or omit to do anything whereby any policy of insurance effected in respect of the Vehicle is vitiated or avoided or any premium and/or excess payable in respect thereof is increased.
6.7 The Hirer acknowledges, not withstanding the insurance provisions, a duty to ensure that all reasonable care is taken of the vehicle against damage or loss throughout the period of hire. The hirer accepts responsibility for any loss or damage to the vehicle caused by wilful act or neglect. This includes but is not restricted to, responsibility for any loss or damage to the vehicle or its accessories as a result of theft occurring when the Hirer or his servant or agent has left the keys in or with the vehicle and the Hirer hereby indemnifies the Owner against any such loss or damage.
7 GENERAL LIABILITY
7.1 The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by the Owner as a result of any accident involving the Vehicle (other than death or personal injury resulting from the negligence of the Owner, its employees or agents).
7.2 The Owner does not hire the Vehicle subject to any condition of warranty express, implied or statutory in connection with the fitness for any purpose or age of the Vehicle and any conditions and warranties are hereby expressly excluded insofar as permitted by statute and (save for the Owner\'s liability for death or personal injury caused by the negligence of the Owner, its employees or agents) the Owner will not be responsible for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by the Vehicle or its use.
7.3 Without prejudice to the generality of the provisions of this clause it shall be the duty of the Hirer to ensure that at the commencement of the hiring and throughout the period of this agreement the Vehicle is thoroughly clean and free from any soil-borne or other diseases and the Owner will not be responsible for any liability, claim. loss, damage or expense of any kind or nature caused directly or indirectly by any such disease.
7.4 The Hirer shall be solely responsible for and hold the Owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, cost and expenses suffered or incurred by the Owner as a result of any breach or default on the part of the Hirer in the discharge of its obligations under this Hire Agreement.
8 OWNERSHIP
8.1 The Vehicle shall at all times remain the property of the Owner and the Hirer shall have no rights to the Vehicle other than as hirer and the Hirer shall not do or permit or cause to be done any matter or thing whereby the rights of the Owner in respect of the Vehicle is or may be prejudicially affected.
9 TERMINATION
9.1 It the Hirer shall fail to pay any Rental or other sum payable under this Hire Agreement within 14 days of its becoming due (whether demanded or not) or shall commit a breach of the other terms and conditions whether express or implied of the Hire Agreement (or of the terms and conditions of any such agreement as aforesaid) or shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owner\'s rights in the Vehicle or any part thereof, then in each and every such case the Hirer shall be deemed to have repudiated this Hire Agreement and the Owner may thereupon or at any time within 3 months thereafter by notice in writing to the Hirer for all purposes forthwith terminate the leasing constituted by this Hire Agreement.
9.2 If any of the following events shall occur, namely:
9.2.1 If any distress, execution, or other legal process shall be levied on or against the Vehicle or any part thereof or against any premises where the same may be or against any of the Hirer\'s goods or other property or the Hirer shall permit any judgment against it to remain unsatisfied for 7 days; or
9.2.2 If the Hirer, being an individual, shall die, shall suffer an interim order (within the meaning of the Insolvency Act 1986) to be made against him or enter into a voluntary arrangement or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order; or
9.2.3 If the Hirer, being a body corporate, shall enter into any liquidation, shall call any meeting of its creditors or shall have a receiver or receiver manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the presentation of a petition for the appointment of an Administrator under the provisions of Part II of the Insolvency Act 1986, or shall be deemed by virtue of s 123 of the Insolvency Act 1986 to be unable to pay its debts, then in each and every such case the hire constituted by this Hire Agreement shall ipso facto and without notice terminate and no payment subsequently accepted by the Owner without knowledge of such termination shall in any way prejudice or affect the operation of this clause.
9.3 The Hirer shall upon any termination under clauses 9.1 or 9.2 above pay to the Owner:
9.3.1 All arrears of Rental then due and all other sums accrued due and unpaid at the date of termination, together with interest thereon payable under clause 5.1 hereof; and
9.3.2 The cost of all repairs required as at the date of termination (other than those for which the Owner has assumed responsibility under clause 4.2 above); and
9.3.3 Compensation for the loss suffered by the Owner as a result of such termination, such loss being determined by the Owner having regard to all relevant circumstances; and
9.3.4 Any other sums which are or become due to the Owner or to which the Owner is entitled by way of damages. The termination of the hire constituted by this Hire Agreement shall not affect any rights of the Owner or liabilities of the Hirer subsisting at the date of termination.
9.4 On termination of the hire howsoever or whenever occasioned or on expiry of the Hire Period, the Hirer shall no longer be in possession of the Vehicle with the owner\'s consent and shall (unless otherwise agreed with the Owner) forthwith return the Vehicle to the Owner at such address as the Owner may direct in good order and in good working condition and at the Hirer\'s expense and risk. Without prejudice to the foregoing or to the Owner\'s claim for any arrears of Rental or damages for any breach by the Hirer of this Hire Agreement or any other rights hereunder, the Owner or its authorised representatives may at any time after such termination or expiry of the Hire Period without notice retake possession of the Vehicle and for such purpose enter upon any premises belonging to or in the occupation or control of the Hirer and the Hirer shall be responsible for all costs, charges and expenses so incurred in retaking possession of the Vehicle as aforesaid. The Hirer shall also bear the reasonable costs incurred by the Owner at any time in ascertaining the whereabouts of the Vehicle and/or the Hirer.
10 CONTINUATION PAYMENT
10.1 Without prejudice to the provisions of clause 9.4 hereof, as from the due expiration of the Hire Period and until such time as the Vehicle shall have been returned the Hirer will pay by way of recompense for the continued use of the Vehicle a monthly sum (payable in arrears) at the same rate as the Rental payments previously due in respect thereof.
10.2 This clause shall not confer upon the Hirer any right to the continued use or possession of the Vehicle.
11 VALUE ADDED TAX*
11.1 All sums due from the Hirer to the Owner hereunder shall be increased to include VAT at the rate or rates for the time being in force.
12 OWNER\'S INTERVENTION
12.1 If the Hirer fails to comply with or commits a breach of any provision of this Hire Agreement, the Owner may without in any way being obliged to do so or responsible for so doing and without prejudice to the ability of the Owner to treat that non-compliance as an event entitling it to terminate this Hire Agreement under clause 9 hereof effect compliance on behalf of the Hirer whereupon the Hirer will become liable to pay immediately any sums expended by The Owner together with all costs and expenses including legal costs in connection therewith.
13 FORCE MAJEURE
13.1 Although the Owner will use all reasonable endeavours to discharge its obligations under this Hire Agreement in a prompt and efficient manner, he does not accept responsibility for any failure or delay caused by circumstances beyond its control.
14 FORBEARANCE
14.1 No forbearance indulgence or relaxation on the part of the Owner shown or granted to the Hirer in respect of any of the provisions of this Hire Agreement shall in any way affect diminish restrict or prejudice the rights or powers of the Owner under this Hire Agreement or operate as or be deemed to be a waiver of any breach by the Hirer of the terms and conditions of this Hire Agreement.
15 CONCURRENT REMEDIES
15.1 No right or remedy herein conferred upon or reserved to the Owner is exclusive of any other right or remedy herein or by law or equity provided or permitted but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing and may be enforced concurrently therewith or from time to time.
16 NOTICES
16.1 Any notice hereunder shall be in writing and may be served by sending it by pre-paid first class letter post or delivery if (in the case of a limited company) to the address stated herein, and in any other case, to the last known address of the addressee. In proving service of any notice it shall be sufficient to prove that the envelope containing the notice was properly addressed, stamped and posted. Service shall be deemed to be effective at noon of the second business day following the day of posting and any notice delivered to an address by hand shall be deemed to be effective from the date of such delivery.
17 WAIVER OF SET OFF
17.1 The Hirer hereby waives all and any future claims and rights of set off against any instalment of Rental or any payment due hereunder and agrees to pay the Rental and other amounts hereunder regardless of any equity, set off or cross-claim on the part of the Hirer against the Owner.
18 CONSTRUCTION
18.1 Where there are two or more parties to this Hire Agreement as Hirer their liability hereunder shall be joint and several. In this Hire Agreement and where the context so admits or requires the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural.
19 GOVERNING LAW
19.1 This Hire Agreement shall be governed by and construed in accordance with the Law of England. The Hirer irrevocably submits to the non-exclusive jurisdiction of the English Courts.