CONDITIONS RELATING TO THE RENTAL OF COMMERCIAL VEHICLES
"the Agreement" means the Agreement relating to the Hire of Vehicles as set out in the Conditions and the Rental Agreement.
"the Company" means KTS Rentals Ltd entering into a Rental Agreement or to whom all or part of the benefits and/or liabilities of the Agreement shall have been assigned and shall include their servants, agents or sub-contractors.
"Conditions" means these conditions and the Rental Agreement.
"Check Sheet" means that document completed by the Company detailing the condition of the Vehicle at the beginning and end of each Hire.
"Dangerous Goods" means verminous, infested, infected, contaminated or condemned goods or those goods in the list of dangerous goods as defined by the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) or any other goods which prevent the Vehicle subsequently carrying any other goods.
"Hire" means the supply by the Company of Vehicles on rental to the Hirer.
"the Hirer" means any person, firm, company or corporation who or which hires commercial vehicles from the Company and shall include the Hirer's principals, servants, agents or sub-contractors.
"Parties" means the Hirer and the Company and Party shall be construed accordingly.
"Period" means the Company's Accounting Period from time to time.
"Rental Agreement" means the form completed by the Company containing details of the Hire and signed by or on behalf of the Hirer at the start of the Hire.
"Rental Income" means the daily rate charged to the Hirer for the Hire of a Vehicle or Tariff discounted by 10%, whichever is the lower. "Servicing" means installation, calibration, inspection, servicing, maintenance, repairs, plating, or testing of the Vehicle or its components and the term Service shall be construed accordingly.
"Tarriff" means the Company's scale of charges for the provision of Vehicles on Hire.
"Vehicle" means the Vehicles and equipment hired by the Company to the Hirer under this Agreement and as detailed on the Rental Agreement and any replacement vehicle and equipment provided by the Company from time to time.
2.1 These are the only conditions under which the Company provides Vehicles upon rental.
2.2 These Conditions shall become operative and blind the Company and the Hirer from the earlier of the date of any writ ten contract between the Parties or the date upon which a Hirer takes possession of a Vehicle.
2.3 These Conditions shall apply to any Vehicle supplied as a replacement for whatever reason under this Agreement.
2.4 No agent, servant or sub-contractor of the Company has any authority to alter or vary these Conditions in any way.
2.5 All agents, servants or sub-contractors of the Company shall have the benefit of these Conditions.
2.6 At the request of the Hirer the rental period specified in the Rental Agreement may be extended at the sole discretion of the Company and all Conditions shall apply to such extension.
2.7 The Company reserves the right to refuse to supply any vehicle without giving any reason whatsoever.
The Company shall;
3.1 Obtain and pay for Vehicle Excise duty and any Department of Transport Test Certificates for the Vehicle.
3.2 Procure that the Vehicle is Serviced and supply replacement parts and tyres necessary as a result of fair wear and tear in order to maintain the Vehicle in good running order.
3.3 Fit and maintain on each Vehicle a distance recorder which shall form the basis upon which any mileage charge is calculated.
3.4 Procure that the Vehicle complies with legislation concerning its construction and designed use at the time that the Hire commences.
3.5 At its sole discretion the company may supply a replacement Vehicle whilst the original Vehicle is being Serviced.
3.6 At its sole discretion, if the Vehicle becomes, in the opinion of the Company, unserviceable because of defect or mechanical malfunction, supply a replacement Vehicle.
3.7 Be entitled to assign all or part of the Agreement and upon notice being given to the Hirer of such transfer the Agreement shall continue between the Hirer and the assignee.
The Hirer shall;
4.1 Prior to taking possession of the Vehicle, inspect the Vehicle and bring to the Company's attention any defects, damage or mechanical malfunction which must be noted on the Check Sheet.
4.2 Return the Vehicle to the location shown in the Rental Agreement on the date specified in good and proper condition.
4.3 At the end of the Hire sign the Check Sheet and identify on the Check Sheet any defects, damage or mechanical malfunction of the Vehicle.
4.4 Ensure that all lubricants, fluids and coolants are kept to the manufacturer's specified levels and that all tyre pressures are maintained in accordance with the manufacturer's recommendations.
4.5 Ensure that the Vehicle is returned at the direction of the Company for Servicing within three days of the Company requesting its return.
4.6 Not cause, permit or undertake any repairs to the Vehicle without the prior express permission in writing of the Company nor use the Vehicle until it has been properly and fully repaired.
4.7 Not cause, permit or suffer the removal or tampering with any plates, markings, paintwork or bodywork, or sign writing upon the Vehicle.
4.8 Ensure that the Vehicle is driven only by a person nominated by the Hirer and who must:
4.8.1 be at least 21 years of age, and
4.8.2 be the holder of all current full licences permitting the driver to drive the Vehicle in the United Kingdom or operate any ancillary equipment, and
4.8.3 not, except with the Company's prior approval, have been convicted of any motoring offence or involved in any accident within three years prior to the start of the Hire, and
4.8.4 not be a person using a false name or address, and
4.8.5 not be a person who is unfit to drive by reason of drink, drugs or any other physical or mental incapacity.
4.8.6 at the Company's request undergo a driving test to the Company's standard.
4.9 Provide proper and secure parking for the Vehicle and ensure that when the Vehicle is left unattended that the keys are removed, all doors, windows and other openings are securely locked and that any security devices activated.
4.10 Wash and clean the Vehicle at least once every seven days that the Vehicle is on Hire to the Hirer.
4.11 Be responsible for all costs incidental to the use for which the Vehicle is hired including bridge, ferry or road tolls or similar charges.
4.12 Not load or cause a Vehicle to be loaded with Dangerous Goods without the written previous consent of the Company.
4.13 Not load or cause the Vehicle to be loaded in contravention or in excess of the maximum carrying capacity applied to the Vehicle by any legal requirement.
4.14 Not take or allow the Vehicle to be taken out of the United Kingdom except with the prior written consent of and prior payment of the relevant fees to the Company. Consent shall be subject to satisfactory evidence that a fully comprehensive policy of insurance exists in respect of the Vehicle and that the Company is party to such policy.
4.15 Not use, permit or cause the Vehicle to be used for any illegal purpose, racing, pacemaking, contest, driving tuition or the carriage of passengers for hire and reward unless suitably constructed.
4.16 Notify the Company as soon as possible in such form as the Company shall require of any accident, breakdown, damage, defect, mechanical malfunction or loss giving full details.
4.17 Be responsible for;
4.17.1 the cost of all and any damage to the Vehicle whilst on Hire, and
4.17.2 the cost of all repairs, rectification or supply of replacement parts or tyres resulting from the Hirer's failure to comply with clause 4 and Rental Income whilst the Vehicle is undergoing such repairs and/or awaiting such replacement parts. The Company's Engineering Manager shall decide as to whether or not the need for repair or replacement parts or tyres has arisen from fair wear and tear.
4.18 At all times keep the Company informed of any prosecution, inquest, accident or enquiry and promptly copy to the Company all associated communications relating to the Vehicle or this Agreement.
4.19 Not make or give any admission of liability or indemnity in respect of any accident, prosecution, inquest or incident as shall entitle the insurers of the Vehicle to repudiate the claim wholly or partly.
4.20 Promptly give all such information and assistance as may be required by the insurers or the Company as a result of any such prosecution, inquest, accident or enquiry.
4.21 Not assign the whole or any part of the Agreement nor offer the sale or sell, assign, mortgage or pledge the Vehicle, and shall not allow it to become subject to any lien, distress, execution, seizure, or legal process.
4.22 Immediately notify the Company if the Vehicle is seized by any third party and immediately inform in writing and orally the party seizing the Vehicle that it is owned by the Company.
5.1 The Hirer shall pay the rental and other charges attributable to the Hire of the Vehicle as set out in the Tariff or as otherwise agreed without deduction, set off or counterclaim, within 28 days of invoice date.
5.2 The Company shall be entitled to charge interest at 3% above Barclays Bank base lending rate from time to time on all sums overdue from the date payment is due until payment is actually made on a daily basis both before and after judgement provided that this right shall not prejudice any other right or remedy in respect of such sums.
6.1 THE HIRER SHALL EFFECT AND MAINTAIN AND AT ALL TIMES COMPLY WITH THE TERMS OF A FULLY COMPREHENSIVE POLICY OF INSURANCE COMPANY FOR THE FULL REPLACEMENT VALUE OF THE VEHICLE AND SHALL MAKE THE COMPANY A PARTY TO SUCH INSURANCE POLICY. THE HIRER SHALL UPON DEMAND PRODUCE EVIDENCE OF SUCH INSURANCE TO THE COMPANY INCLUDING THE INSURANCE CERTIFICATE ITSELF.
6.2 THE COMPANY MAY AT ITS DISCRETION UPON RECEIPT OF THE HIRER'S REQUEST PROVIDE INSURANCE COVER IN RESPECT OF THE VEHICLE FOR THE PERIOD OF HIRE SUBJECT TO PAYMENT OF THE COLLISION DAMAGE WAIVER PREMIUM ON THE FOLLOWING TERMS;
6.2.1 THIS COVER SHALL NOT EXTEND TO ANY DAMAGE CAUSED TO THE VEHICLE AS A RESULT OF DRIVER ABUSE, OR THE NEGLIGENT ACTIONS OF THE HIRER, SERVANTS, AGENTS OR SUBCONTRACTORS.
6.2.2 THIS COVER SHALL NOT EXTEND TO ANY DAMAGE CAUSED TO ANY GLASS INCORPORATED INTO THE VEHICLE, ITS TYRES, OR DAMAGE OCCURRING ABOVE OR RESULTING WHOLLY OR PARTIALLY FROM DAMAGE ABOVE THE ROOF OF THE CAB.
6.2.3 THE HIRER SHALL BE LIABLE FOR THE FIRST £750 OF ANY CLAIM.
6.2.4 THE COMPANY'S ENGINEERING MANAGER SHALL DECIDE IN RESPECT OF SUCH DAMAGE AND THE HIRER WILL BE FULLY RESPONSIBLE FOR THE COST OF REPAIRS TO THE VEHICLE AND FOR ANY LOSS OF RENTAL INCOME RESULTING FROM SUCH DAMAGE.
The Hirer shall indemnify and keep the Company indemnified in full against all and any cost, loss, liability, damage, injury, demand, penalty, claim, action, proceeding or expense including legal costs (on a full indemnity basis) and judgements that the Company shall suffer or incur as a consequence of;
7.1 Any direct or indirect breach or default by or negligent performance or failure by the Hirer of its responsibilities or obligations under this Agreement, or
7.2 The Hirer failing to possess the authority of all persons owning or having an interest in the Goods loaded in or upon the Vehicle at any time whilst the Vehicle is Hired to the Hirer, or
7.3 The presence or use of the Vehicle, or
7.4 Any offences which may be committed by the Hirer, its servant or agent relating to the use or presence of the Vehicle including, without limitation, offences relating to lighting, parking speeding, weight limits and weight restrictions.
7.5 The Hirer, servants or agent failing to possess any necessary permits, authorisations and licences in respect of the use or presence of the Vehicle.
7.6 The Vehicle being lost, seized, confiscated, destroyed, damaged beyond economical repair or stolen, including without limitation, loss of profit and all outstanding financial commitments due by the Company in respect of the Vehicle.
8.1 The Company shall indemnify the Hirer against any cost, loss, liability, damage, penalty, proceeding or expense that the Hirer shall incur and pay directly as a result of the Company's proven negligence up to a maximum amount equal to the charge for the current Period of Hire of the Vehicle.
8.2 Nothing contained in the Agreement shall exclude or limit the liability of the Company for death or personal injury caused by its proven negligence.
9.1 The Company may supply Vehicles from other rental companies for any Vehicle to be provided on Hire.
9.2 The sub-contractors, their servants, or agents shall have a liability to the Hirer no greater than that of the Company in respect of a Vehicle or the goods carried on such Vehicle.
9.3 The Hirer shall not make any claim against any such servant agent or sub-contractor in addition to or in excess of the exclusions and limitations of liability set out in these Conditions.
9.4 The Company shall not have any liability if the Hirer declines a Vehicle supplied by another supplier.
10.1 The Company shall be entitled to terminate the Hire;
10.1.1.1 if the Vehicle is driven by a person other than as provided in Clause 4.8; or
10.1.1.2 if any sums due under the Agreement are not paid upon the due date; or
10.1.1.3 if in the opinion of the Company the Hirer has or is about to cease carrying on business; or
10.1.1.4 the Hirer has committed any other material breach of its obligations; or
10.1.2 upon 14 days written notice in any other circumstances
10.2 Upon the Hire being terminated the Hirer shall not be entitled to possession or use of the Vehicle and shall immediately deliver it to such location in the United Kingdom as the Company may require.
10.3 Such termination shall be without prejudice to any other rights or remedies of the Company.
10.4 The Hirer shall be entitled to terminate the Hire by returning the Vehicle to the location from where it was hired provided that such delivery and termination shall not extinguish any pre-existing liability under the Agreement.
Neither Party shall be liable to the other in any manner whatsoever for any delay or for the consequences of any delay in performing any of its obligations under this Agreement if such delay is due to any cause beyond that Parties reasonable control.
Any dispute between the Parties regarding this Agreement or extension shall be, at the instance of either Party, referred to the decision of the Freight Transport Association which shall act as expert and not arbiter, its decision shall be final and binding and its costs shall be borne in such manner as it thinks fit.
Neither Party shall be deemed to have waived any right or remedy unless it has waived that specific right or remedy in writing.
If any provision of this Agreement is or becomes illegal, void or invalid, that shall not affect the legality and validity of the other provisions.
15.1 Subject to the Company's obligations set out in this Agreement all conditions and warranties which are to be implied by statute or otherwise by general law into this Agreement are hereby excluded.
15.2 No understanding or representations arising prior to the date of this Agreement which would have the effect of altering any term, obligation or condition of this Agreement shall bind either of the Parties unless incorporated in this Agreement.
15.3 No variation of the terms of this Agreement shall be binding on either Party unless made in writing by an authorised signatory of each Party.
16.1 Any notice to be given or served shall be in writing and shall be delivered or sent by pre-paid first class post or electronic transmission to the Party to whom it is to be given or served at that Party's registered office.
16.2 Any such notice shall be deemed to have been given or served:
16.2.1 if delivered, at the time of delivery, or
16.2.2 if posted 48 hours after the envelope containing the notice shall have been put in the post, or
16.2.3 if transmitted electronically to the recipient's current registered office number upon the sender's receipt of a confirmed log-out print for the transmission regarding the date, time and transmission of all pages.
The Agreement shall be construed according to the Laws of England and the Parties submit to the non-exclusive jurisdiction of the English Courts.
If any vehicle is to be used by the hirer outside the UK then special terms and conditions apply which will require written authority from the Company before any hire commences.