Pearce Bros. Auto Rentals, (hereafter called the “Owners”) rents to the client (hereafter called the “Hirer”) the motor vehicle (hereafter called the Vehicle” which expression shall include all tyres, accessories, tools and other items with which it is equipped) described on a rental agreement Page 1, subject to all the terms and provisions on the agreement, in consideration whereof the hirer acknowledges and agrees:-
1. In signing the declaration and acceptance on Page 1 of this agreement the hirer accepts responsibility for himself and/or any other person, firm, Company or organisation which he represents to ensure that the owners’ terms and conditions are complied with and that the insurance declaration is a true statement of facts. Failure to do so will place responsibility for any loss, damage or injury, howsoever caused, on to the hirer.
2. The vehicle is the property of the owners and is in good mechanical condition, and hirer accepts same. Hirer will return the vehicle in the same condition as when received, ordinary wear and tear excepted, to the place and on the date specified in the agreement, or sooner if demanded by the owners.
3. Hirer must forthwith inform owners of any loss or damage occurring to the vehicle and of any fault developing therein and must not in the case of damage or fault which makes the vehicle unroadworthy or liable to cause danger to any person or property use the vehicle until damage or fault has been repaired or corrected.
4. Hirer will pay to owners on demand all time and mileage, service, minimum or other charges to be entered on Page 1 at the rates so shown or in accordance with any of the provisions of the rental agreement applicable to the period of time between the renting of the vehicle and its return. Subject to provisions of collision damage waiver detailed on Page 1, hirer is responsible for and will reimburse owners on demand for all loss or damage of whatever kind or nature however caused or by whom, to the vehicle.
If the vehicle is used, operated or driven in violation of any of the terms and conditions of this rental agreement or in violation of any road traffic Act, statute or regulation, or is damaged in any way during the period of hire, then hirer shall be fully liable for all damage, loss or injury, howsoever caused, including the excess for which collision damage waiver may have been taken out, and an amount for potential loss of revenue to the owners calculated in accordance with the rates shown on Page 1 for each day or part thereof that the vehicle is unfit or unavailable for hire. The person signing the agreement and any other person, firm, company or organisation to whom the person so signing directs that the charges be billed shall each be deemed a hirer thereunder and shall be jointly and severally liable for the payment of all monies due or to become due by reason of the agreement.
5. The hirer is responsible in all cases for all damage caused by striking overhead objects and for missing radios, tools, accessories and equipment and for the costs of repairing punctures and the replacement of tyre covers, fair wear and tear excepted. (The terms of our collision damage waiver do not include such cover.)
6. The hirer shall at the request and cost of owners, do and concur in doing and permit to be done in his name or otherwise all such acts and things as may be necessary or reasonably required by owners for the purpose of enforcing any right or remedies or of obtaining relief or indemnity from other parties in respect of any loss or damage to or in connection with the vehicle during the period of time between the renting of the vehicle and its return by hirer to owners and owners shall give credit to the hirer for any sums recovered from such other parties under this clause against any liability of hirer to owners for the loss or damage.
7. Hirer or the driver of the vehicle shall in no event be or deemed to be the agent, servant or employee of owners in any manner or for any purpose whatsoever.
8. The owners shall not be liable for loss or damage to any property left, stored or transported by hirer or any other person in or upon the vehicle either before or after the return thereof to owners, whether or not said loss or damage was caused by or related to the negligence of owners, its agents, servants or employers. Hirer hereby assumes all risk of such loss or damage and waives all claims against owners by reason thereof and hirer hereby agrees to hold owners harmless from and indemnify owners against all claims based upon or rising out of such loss or damage.
9. In the event of breakdown the owners will at their own expense collect the vehicle and effect repairs thereto, provided always that if the repairs aforesaid are rendered necessary by reason of any neglect, or breach of this agreement, or abuse or misuse of the vehicle and/or its engine by the hirer or driver, the hirer will pay to the owners on demand the cost of such collection and the cost of the repairs and an amount for potential loss of revenue to the owners calculated in accordance with the rates shown on Page 1 for each day or part thereof that the vehicle is unfit or unavailable for hire. The cost of any repairs carried out on the instructions of the hirer or driver without the prior written approval of the owners shall be the responsibility of the hirer.
10. (a) Save as aforesaid the owners shall be under no liability in contract, tort or otherwise for any injury (other than death or personal injury), loss, delay or damage whatsoever caused by or arising from the use of the vehicle or caused by or arising from any mechanical or other defect therein and all conditions and warranties whether express or implied by Law as to the description quality or fitness for any particular purpose of the vehicle are hereby expressly excluded.
(b) Nothing herein contained shall operate to exclude any warranty or condition implied by Law as to the description quality or fitness for purpose of the vehicle in the event of the hirer being deemed a consumer as specified in the Unfair Contract Terms Act 1977.
11. The number of miles over which the vehicle shall have been driven pursuant to the rental agreement shall be determined by reading the standard mileage recording device attached to the vehicle by the manufacturer or any replacement thereof.
12. In accordance with the Road Traffic Act 1974 Sections 1-5 and Schedule 1. Hirer shall be liable as the owner of the vehicle in respect of:
(a) any of the following offences which may be committed with respect to the vehicle when it is stationary and when a fixed penalty notice is issued; being on a road during the hours of darkness without the lights or reflectors required by law; waiting, or being left or parked, or being loaded or unloaded in a road; being used or kept on a public road without the vehicle licence being exhibited on the vehicle in the prescribed manner; and the non – payment of the charge made at a street parking place; and:
(b) any excess charge which may be incurred in pursuance of an order under Sections 35 and 36 of the Road Traffic Regulation Act 1 967 (provision on highways of parking places where charges are made).
This agreement constitutes a statement of liability.
13. The owners shall be responsible for the road fund tax of the vehicle, plating and DoT Test documentation. All other licensing requirements, including operators licence, drivers records, tachograph information and all vehicle use records, shall be the responsibility of the hirer.
Provided that the Hirer duly completes the Insurance Proposal Declaration and is accepted.
(i) The vehicle is covered against third party liabilities (including the Road Traffic Act liability) by owner’s insurance policy, a copy of which is available for inspection at the owners head office upon request. The said policy contains indemnity in respect of bodily injury or death, and property damage liability. The hirer for himself and on behalf of drivers approved by owners agrees to comply with and be bound by all the terms conditions and limitations of said policy which by reference are incorporated herein and made a part of the rental agreement as fully as if set forth at length, including those terms, conditions and limitations of which specific mention is made herein. It is a requirement of said policy that every accident must be immediately reported in writing to the owners within 24 hours of the accident occurring. Hirer or driver must make no admission of liability and must obtain witnesses’ names if possible. Hirer or driver must immediately deliver to owners every summons writ pleadings or paper of any kind relating to any and all claims, suits and proceedings received by the hirer or driver. The hirer or driver shall not in any manner aid or abet any claimant but shall co-operate fully with the owners and the insurance company in all matters connected with the investigation and defence of any claim or suit. Notwithstanding anything herein contained it is hereby noted and agreed that the vehicles shall not be used, operated or driven outside the United Kingdom, without the written consent of the owners.
The vehicle shall NOT be used for:-
(a) The carriage of passengers for hire or reward.
(b) Any illegal purpose.
(c) To propel or tow any other vehicle or trailer other than by written special arrangements.
(d) For racing, pacemaking, reliability trials, speed testing or driving tuition.
(e) In violation of the provision of any act, order or regulation affecting the use of vehicle.
(f) To carry a greater number of passengers and/or more luggage than recommended by manufacturer.
The vehicle shall NOT be driven or operated by:-
(a) Any person who has given a fictitious or false name, age or address.
(b) By a person other than the hirer, who signed this agreement or who has been nominated as a driver by the hirer and approved by the owners. (Details of all additional drivers, driving licence, accident record, etc must be given to and accepted by the owners before permission to drive can be granted.
(c) Any person, who has ever been convicted of driving whilst under the influence of drink or drugs, manslaughter or causing the death of any person by dangerous driving.
(d) Any person who has reason to believe that he/she may be under the influence of drink or drugs.
(e) Any person who has within the preceding period of five years been convicted of any motoring offence or involved in any accident unless details have been accepted by the owners.
(f) Any person who is under 23 (25 for vehicles above 3-5 tonnes), over 70 or has not held a full driving licence for at least 12 months prior to the rental agreement or does not hold a valid licence.
(g) Any person who has any physical or mental defect, infirmity or impairment of sight or hearing or other complaint.
(h) Any person who has had his or her insurance declined or renewal refused or special terms imposed or has had his or her policy cancelled by any company or underwriter.
(i) Any disabled person, jockey, trainer, bookmaker, street trader, scrap dealer, actor, actress, undergraduate, student or Non-British service personnel in uniform or not.
(ii) Whilst an insured vehicle is let on hire for the hirer (or approved additional driver) to drive the owners shall not be liable
(a) for any accident injury loss damage or liability caused sustained or incurred whilst such vehicle is being driven by or for the purpose of being driven in the charge of any person other than the hirer (or approved driver).
(b) for any loss damage or liability due to or arising from the conversion or theft of an insured vehicle by or with the collusion of the hirer.
(c) if such vehicle is used by the hirer in contravention of any of the owners terms and conditions of hiring or insurance.
(d) for loss of or damage to an insured vehicle caused by water.
(e) the owners reserve the right to recover from the hirer all sums paid, or lost by the owners owing to a mis-representation or mis-statement of fact or any contravention of the owners terms and conditions of hiring or insurance.
(f) if the vehicle is not locked when left unattended.
(iii) In all cases where the hirer provides his own insurance it must be a fully comprehensive policy with no excess and details of such policy must be given to the owners before the commencement of hire. Any such insurance must be in the name of the hirer with the owners interest endorsed on the policy. (The owners may accept a policy with excess subject to approval by owners prior to rental but in all such cases the hirer will be responsible for such amount.) Where hirer’s own insurance cover is provided the owners must be indemnified against loss of revenue from the time of return until the vehicle is repaired and fit for hire, at the rate as shown on Page 1.
(iv) The owners shall be responsible, when providing insurance, for passenger Nobility.
15. The hirer shall be responsible for any loss, cost of repairs and of claims arising from any alteration that may be made to the vehicle during the period of hire or before if with his knowledge or consent, that alters the standard specification of the said vehicle.
16. The hiring may be terminated at any time:-
(a) by the hirer returning the vehicle to the owner’s depot from which it was hired or other previously agreed depot.
(b) by the owners by giving to the hirer a written notice of termination. Such notice will be sufficiently served if sent to Hirer at his address herein by recorded delivery or in the case of a hire for a fixed period if handed to the Hirer at the commencement of the hire. On receipt of such notice the hirer shall at his own expense return the vehicle as aforesaid at or before the time specified therein and shall pay the owner’s charge therefore until such return.
17. The hirer or driver must produce his current driving licence (and insurance where applicable) and pay all necessary deposits before the rental agreement is commenced.
18. No right of owners under a rental agreement may be waived except by a written instrument duly signed by a director and the secretary of the company.
19. EXTENSION OF RENTAL. It is most important that should you wish to extend your rental beyond the time stated overleaf the renting station is advised immediately and the additional rental paid so that insurance cover may be extended. Failure to do so will mean that the hirer is driving the vehicle without insurance.
20. This agreement shall automatically terminate in respect of vehicle (without Affecting the outstanding claim or claims which one party might then have against the other under the terms hereof) if hirer shall suffer any distress or execution to be levied on his goods or shall make any arrangement or otherwise compound with his creditor, or being a company enter into liquidation whether compulsory or voluntary (other than for the purposes of reconstruction or amalgamation) or have a Receiver appointed of any of its property or assets or being an individual or number of individuals if he or any of them shall commit any act of Bankruptcy or have a receiving order of bankruptcy made against him or any of them.
21. The hirer shall not sell, offer for sale, assign, pledge, underlet, lend or otherwise deal with the vehicle or any parts or accessories thereof or with any interest therein, or in this agreement and shall not create or allow to be created any lien thereon whether for repairs or otherwise. The hirer shall during the hiring comply with all statutes, statutory rules and orders and regulations relating to the use of vehicles for the time being in force.
22. Should hirer fail to return vehicle on the termination of this agreement for any reason owner shall have the right to take possession of vehicle and to remove the same and for that purpose shall be entitled to enter any premises where vehicle may be.
23. Agreed account customers are allowed 30 days credit. Pearce Bros (Autorentals) Ltd reserves the right to charge interest on late payments at the rate of 4% over the Basic Rate of Lloyds TSB plc for the time being, such interest being calculated on a daily basis.