Terms & Conditions

Hire Terms & Conditions

TERMS & CONDITIONS These Terms and Conditions shall be incorporated into and govern this Agreement made between the Owner and the Renter whose names and addresses are set out overleaf to the exclusion of all or any other terms and conditions 1.1 Words and expressions defined overleaf shall where applicable have the same meanings when used herein. In addition the term vehicle when used herein shall be deemed to include any replacement vehicle and include any accessories, parts and equipment relating to the Vehicle. 1.2 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 enter into this Agreement on behalf of the renter and all agreements on the part of Renter hereunder shall be deemed to by such person and jointly and severally with the Renter 1.3 Where these terms refer to SML this shall mean Sam Milbery Ltd. 2. Hire of vehicle 2.1 Owner agrees to let and Renter agrees to take on hire Vehicle upon and subject to the terms and conditions of this Agreement 2.2 The period of hire shall commence on the Date and Time Out as specified “Charge from” on the Agreement and shall continue (unless terminated by either party or any extension granted by the Owner in accordance with this Agreement) until the Date and Time due back as specified on the Agreement 2.3 The period of hire may not be extended without the Owners written consent. 3. Prohibited Uses 3.1 Renter will not use the vehicle or allow the Vehicle to be used for any purpose for which is neither designed, suitable, nor hired including (without limitation) the carriage of passengers and or property for hire and reward, any unlawful or hazardous purpose, propelling or towing other vehicles without the Owners prior written consent, racing, rallying, pace-making, reliability or speed trials, competitions of any sort, use of the vehicle on any surfaces other than roads over which there is a public or private right of way for motor vehicles. 3.2 Renter will not allow the Vehicle to be driven by anyone not approved in writing by the owner. 3.3 The renter will not allow the vehicle to be taken outside the United Kingdom without the Owners prior written consent. 3.4 Renter will not allow the Vehicle to be driven in breach of any speed limits or other highway legislation of the country in which the vehicle is being used. Renter will not tamper or interfere with any telematic or tracking device fitted to the Vehicle 4. Payments 4.1Renter will pay the Owner on demand (a)The anticipated rental and mileage costs and the agreed excess amount as specified on the Agreement. Together with any further amounts requested by the Owner on or before the extension of any period of hire. Where this has not been deposited in advance of the rental the Renter agrees to pay the amounts within 30 days of the invoice date. Any amounts outstanding beyond these terms will be referred to our collection agency Sinclair Goldberg Price and may incur further charges in recovery. (b)The amounts stated (if any) in the Charges box for any other charges listed overleaf. (c) all fines, penalties, costs. Charges and liabilities relating to parking, road traffic or other offences or contraventions or restoration charges and loss of income if the Vehicle is seized by Customs and Excise incurred in relation to Vehicle or Owner (except where this is the fault of the Owner) from the commencement of this Agreement until the Vehicle is returned to Owner in accordance with the terms of this Agreement by the nominated payment method stated overleaf regardless of the time lapsed between Offence date and notification of offence to Owner, and Renter will allow Owner to process electronic CNP transactions for these amounts plus an additional administration fee of not less than £25.00 (d) Owner costs of repairing or replacing Vehicle in the event of Loss, theft or damage howsoever caused, plus loss of revenue (calculated at the Owners standard tarif for the period during which the Vehicle shall remain unavailable for rental by reason of such matters) provided that if Vehicle is operated within the terms of this Agreement (e) Renters liability in respect of damage or theft of Vehicle will be limited to the excess charge specified in the “Insurance declaration” box overleaf. Except where the damage or theft has been caused by the negligence of the Renter (f) The cost of refuelling the vehicle if returned to the owner with less fuel than was contained in the Vehicle fuel tank than at the commencement of the hire period together with the Owners current tariff for refuelling service charges. (g) Owners costs incurred in recovering Vehicle in the event the Renter fails to return the Vehicle to the Owner in accordance with the terms of this agreement. (h)any value added tax or local or other taxes payable in respect of any of the above 5. Renters Obligations The Renter shall at all times during the term of this agreement: (a) Take proper care of the Vehicle and ensure Vehicle is used in a lawful and reasonable manner in all respects and in particular but without limitation will keep the vehicle locked when not in use and ensure any keys are removed when unattended (b) Return the Vehicle within the Owners stated operating hours in the same condition as when received as evidenced by the Renters signature on the Owners vehicle inspection form. (Fair wear and tear excepted) to Owners address specified overleaf (c) Immediately report any accident, loss or damage involving the Vehicle to the Owner and Police or proper authority and at the Owners request complete an 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 property or further damage to the Vehicle, use the Vehicle until such defect or fault has been remedied or corrected. (e) Obtain Owners prior written consent before incurring any repair costs (f) Not to 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 Vehicle (h) Not sell, mortgage, charge, pledge, assign, underlet, lend or otherwise dispose or part with possession of the Vehicle at any time or contract to do so (i) Maintain oil, fluid levels and tyre pressure in accordance with the manufacturers recommendations (j) At Owners request assist Owner in enforcing any rights or remedies the Owner may have against third parties in respect of any loss or damage to or in connection with the Vehicle during the term of this Agreement (k)Be liable as the Owner of the Vehicle (or any replacement vehicle) for the duration of the rental agreement for any fixed penalty offence, penalty charge notice, notice to owner, parking charge notice for that Vehicle under S66 Road Trafic Offenders Act 1988, Schedule 6 Road traffic Act 1991, Traffic Management Act 2004, Protection of Freedoms Act 2012 and any other relevant legislation. 6. Limitation of Liability 6.1 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 that necessary repairs are carried out promptly where possible (c) if repairs cannot be carried out promptly allow the renter to terminate hire. 6.2 All other warranties 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 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 return of the Vehicle to Owner. Provided that nothing herein contained shall restrict the Owners liability for death or personal injury caused by the Owners negligence or any other liability of the Owner that cannot be excluded as a matter of law. 7. Insurance 7.1 Except where the Renter has elected to insure the Vehicle personally as evidenced by the signature in the “Hirers Insurance” box overleaf and the letters COI (Customer Own Insurance) in bold type in the “Insurance details” box overleaf. Renter participates as an insured under Owners own insurance policy and agrees to observe the terms and conditions thereof. A summary of the insurance policy is available for inspection on request at the Owners address overleaf. Renter further agrees to protect the interests of the Owner in the case of an accident during the term of this agreement by: (a) making every endeavour to obtain names and addresses of parties involved or witnesses (b)not admitting any liability or guilt to any third party (c)not abandoning Vehicle without adequate provisions for safeguarding and securing the same (d)calling Owners office on the number specified overleaf and further giving a detailed report (including drawings) of the incident to the owner (e)notifying the police or other proper authority immediately 7.2 Where the Renter has elected to personally insure the vehicle (evidenced as aforesaid). Renter undertakes to insure and keep insured the Vehicle during the term of this Agreement. Under a fully comprehensive motor insurance policy to its full replacement value, free from limitation or excess, with reputable insurers approved in writing by the Owner Renter agrees to observe all terms and conditions of the said policy . Renter shall ensure the Owners interest in the vehicle is endorsed upon said policy. Renter shall procure that any money paid by the Renters insurers under said policy is paid directly to the Owner and the Renter shall compensate Owner for any loss or damage suffered by Owner in excess of any monies received by Owner. 8. Indemnity Renter will indemnify Owner and covenants to pay Owner and keep Owner indemnified against all costs, losses claims or damages, expenses and liabilities of whatsoever nature suffered, incurred or sustained by the Owner as a result or in connection with any breach by Renter of the provisions of this agreement 9. Termination 9.1 If the Renter commits any breach of this Agreement, or if any statement or warranty made by the Renter overleaf or in these terms and conditions in respect of himself or any other Named Driver is incorrect; or if a receiving order is made or a petition in bankruptcy is presented against the Renter (or being a company, Renter goes into liquidation, whether voluntarily or by a receiver, administrator or manager appointed to the whole or part of its business assets); or if Renter offers to make any arrangement with its creditors then in a any such event Owner may terminate this Agreement forthwith but without any prejudice to any of the Owners accrued rights and remedies against the Renter. 9.2 On expiry or termination of this agreement, howsoever occasioned, Renter shall forthwith return the Vehicle in the same condition received as evidenced by the Renters signature on the inspection form relating to the Vehicle (fair wear and tear only excepted) to Owners address as specified overleaf, within the Owners specified opening hours. If Renter commits any breach of this Agreement , Owner may, without notice, retake possession of Vehicle and for such purpose may enter upon any premises belonging to or in control of Renter 10. General Data Protection Regulation (GDPR) 10.1 The information Renter provides on this agreement and in connection with the hire of Vehicle will be used by the Owner to fulfil the contract that Renter placesand to speed up the processing of any orders placed in the future. By entering into this rental Agreement. Renter agrees the Owner can process and store their personal information in connection with this agreement including data collected from Vehicle. Owner may use this information to analyse statistics, market research and credit control and to protect assets. Renter agrees if they breach the terms of this agreement the Owner can share their data with credit reference agencies, debt collectors, the police or any other relevant organisation. The Owner can also give this information to the BVRLA which can share your information personal information with its members to prevent crime and protect its assets, as allowed under the General Data Protection Regulation and Data Protection Act 2018. If the Renter is taking out insurance for the Vehicle through the Owner, the Renter acknowledges and agrees that its personal data including health details and convictions may be passed to the Owners insurers, solely for the purposes of assessing the insurance risk of the Renter and establishing any terms on which the insurance will be provided. By entering into this Agreement the contract with the Owner for the purposes below. The Renters data will not be passed outside the European Economic Area. The Owner may use the data for the purpose of other Products or services offered by the Owner which may be of interest to the Renter from time to time. In addition the renter acknowledges the Owner might transfer databases of information as a business asset to purchasers of their business. If the Renter does not wish its personal data to be used in such a manner, they should write to the owner at the address on this agreement. 10.2 The Owner will provide a vehicle which may be fitted with telematics or similar device that will track the Vehicles location and measure how the Vehicle is being operated. The Owner may monitor this information to ensure the Vehicle is being operated in accordance with this agreement and relevant highways legislation. The Owner may contact you in the event the device indicates you may be breaking the law or the terms of this Agreement. The Owner reserves the right to enforce its remedies under the Agreement including the indemnity included in clause 8. 11. Entire agreement This Agreement constitutes the entire agreement and understanding between the parties hereto and no variation to this agreement will be binding unless agreed to in writing by the Owner