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AVC Short Term Flexirent - About Flexirent

All Vehicle Contracts AVC Short Term Flexirent - About Flexirent
  • AVC short-term Flexi rent

    Here at AVC we like to keep things simple, and offer flexible short-term car and light commercial van leasing at the best prices.

    Here’s how it works

    Our minimum Flexi rent contract is 28 days and our maximum contract is 12 months, so choose from 3 flexible options with the option to hand the vehicle back if it is no longer required for example:

    28 Day Flexi rent option to hand back 14 days.

    6 Month Flexi rent option to hand back 3 Months

    12 Month Flex rent option to hand back 6 Months

    Our Flexi rent contracts are totally flexible and can be tailored to suit your exact term and mileage requirements, there’s no need to pay a huge initial payment and all options include full service and maintenance costs that can include comprehensive insurance if required.

    Flexi rent options are ideal for many reasons and offer great value for short term projects, new staff probationary periods or just low cost short term contracts at the best price.

    AVC Flexi rent also offers:

    The latest range of cars and commercial vehicles, updated to suit your requirements.

    Quick account clearance

    Small economy to prestige including luxury limousines and executive SUV

    AVC Flexi rent offers more than just a good stop-gap solution it offers a flexible method of transport with no long term commitment and lengthy account acceptance procedures.

     

    SAMPLE FLEXI-RENT HIRE AGREEMENT TERMS AND CONDITIONS - SUBJECT TO CHANGE WITHOUT NOTICE AND SUCH CHANGES MAY NOT BE AVAILABLE TO PREVIEW ON COMPANY WEBSITE

    Master Hire Agreement Schedule number one (1) part one (1)

    This Agreement is made on the date *Date* between All Vehicle Contracts Ltd (Lessor) whose business address is as Westgrove House, Ettingshall, Wolverhampton, WV2 2LH on the first part and: *Hirer, Hirer’s address* of the second part.

    1. The Person/company as scheduled above shall be termed the HIRER.
    2. Terms & Conditions as scheduled are applicable to any vehicle on hire, or loan from the Lessor, or any party active, for and on behalf of the Lessor, as stipulated in any Appertaining Document and/or Schedule.
    3. The Hirer shall acknowledge the vehicle is fit for its purpose by acceptance upon delivery and shall undertake to return it, or make it available, to the Lessor or any party associated with the Lessor, or acting on behalf of the Lessor in the condition that the vehicle was accepted upon delivery/collection excluding fair wear and tear.
    4. The Hirer shall accept responsibility for costs for any damage or repairs arising from misuse/neglect, also statutory traffic offences, including any administration charges for any work involving dealing with statutory traffic offences dealing for and on behalf of the offender. Administration Charges are charged at £55.00 (Fifty-Five Pounds) Plus VAT for damage and £25.00 (Twenty-Five Pounds) plus VAT for fuel / traffic fine. All such charges will be automatically debited from any card on file and/or taken from any deposit/balance. If the Hirer requests additional copy invoices / handover sheets / statements, the Lessor reserves the right to charge a minimum of £10.00 (Ten Pounds) + VAT per document.
    5. It is the Hirer's responsibility to ensure that any vehicle supplied on hire, or loan from the Lessor, is comprehensively insured and inform the Lessor immediately and register the Lessor's interest with any claim arising. In the event of the Hirer's insurance refuting any claim, including damage/theft/death/injury/any other claim arising, regardless of fault or reason, the Hirer will accept responsibility and indemnify the Lessor against any cost or claim, caused to or by any third party otherwise.
    6. The Hirer agrees to pay promptly by cleared funds on or prior to the date specified by the Lessor's invoice. In the event of default, late payment or cancellation, the Hirer agrees to pay full amount outstanding on the Lessor's invoice and deems acceptance of delivery and the Hirer's invoice as a binding contract to Terms and Conditions stated as per Hirer's Master Hire Agreement.
    7. The Hirer agrees that the nominated credit/debit card can be debited on the Due Date for miscellaneous Invoices which include admin, fuel, excess mileage, damage and any other miscellaneous charges if they remain unpaid after such time or unless the card is on file for automatic debit payment.
    8. The Hirer agrees to take responsible care of any vehicle in his/her possession provided by the Lessor to check/top up oils and water at regular intervals daily and will not alter, deface, race, hire for reward, sell or offer as security to any third party.
    9. Should the Hirer wish to take any vehicle supplied by the Lessor on Hire or free loan to any other country than mainland U.K. or change the driver that is on the original order, the Hirer shall inform the Lessor prior to any such action.
    10. The Hirer will allow access to any vehicle on Hire or free loan from the Lessor or its agents to the Lessor or its agents in any event and without prior notice.
    11. The Lessor reserves the right to change any vehicle provided on Hire to one of equivalent value wherever possible. The Hirer also agrees to provide the Lessor with the vehicle's mileage and location upon demand
    12. The Hirer agrees not to authorise any work or repairs upon the vehicle without consent from the Lessor or it associated parties. In the event of any vehicle provided by the Lessor developing any mechanical problem, the Hirer agrees to deliver the vehicle to approved main dealer or call upon roadside assistance provided.
    13. Should the Hirer fail to comply fully with any of the Terms & Conditions of the Master Hire Agreement, the Hirer will become accountable to the Lessor for the full amount invoiced as per any appertaining invoices.
    14. Unauthorised Hire will be charged daily at double the aggregated monthly amount and the Hirer understands that the Lessor reserves the right to charge any penalty or administration fees however so occasioned at any given rate at the Lessor's discretion and without notice
    15. The Hirer accepts that every Appertaining Invoice is binding as per the Terms & Conditions within this Agreement and there can be no deviation from payment made monthly in advance. The Lessor does not offer a credit facility for the Hirer.
    16. The Hirer will full refuel all vehicles with a full tank for their return journey to the Lessor's premises or accept fuel charges which may be higher than the actual refueling charge per litre and will also be subject to Administration Fees as detailed herein.
    17. The Hirer will ensure all vehicles are serviced regularly as per the manufacturer's guidelines and inform the Lessor in advance of any due service in advance of it due date and the Hirer will not book any vehicle in without the Lessor's express permission and if any such service is missed the Hirer is responsible for any costs that may be incurred as a result including any damages to resale value.
    18. The Hirer also accepts all Terms & Conditions within Master Hire Agreement, Schedule No 1. Part 2 that has been forwarded to them by post and is also available upon request.

     

    MASTER HIRE AGREEMENT

    Schedule number one (1) part two (2)

    This Agreement is made on the date: *Date*    , between All Vehicle Contracts Ltd whose business address is at Westgrove House, Ettingshall, W-ton, WV2 2LH of the first part and: *Contact_Name* (HIRER), whose company name is: *Company_Name* (No Company Name applicable where left blank) & whose Business Address is: *Company_Name, Company_Address* (Where no Company Name specified, address is Hirer’s Home Address) of the second part.

     

    WHEREBY IT IS AGREED as follows :

     

    1.   DEFINITIONS in this Agreement

     

    1.1   The party of the first part is described as ' the Lessor '.

     

    1.2   The party of the second part is described as 'the Hirer '.

     

    1.3   ' Vehicles ' means those vehicles listed on any Schedule to this Agreement and all replacements and renewals thereof and all accessories thereto.

     

    1.4   ' Schedule ' is an invoice and / or details and / or documentation of Vehicles and particulars appertaining to this agreement.

     

    1.5   ' Supplying / Repairing Dealer ' is the dealership organisation person or entity authorised by respective manufacturers to undertake the servicing and repair of Vehicles and / or supply replacement parts under Warranty.

     

    1.6   ' Re-delivery ' means the return however occasioned to the Lessor or its authorised representative of any Vehicle supplied under the terms of this agreement or any schedule thereto.

     

    1.7   ' Warranty ' means a Vehicle manufacturers guarantee to replace and / or replace parts set out in the relevant Vehicle Warranty document.

     

    1.8   ' Damage Deposit ' shall mean an agreed sum of money paid by the Hirer to the Lessor on Account of any sums due or that may become due to the Company in respect of any Schedule or any refurbishment repairs valeting or other works or Vehicles or parts to Vehicles that may be required in accordance with this Master Hire agreement.

     

    1.9 ' Self Drive Insurance ' means the Hirer's Vehicle Insurance cover supplied by the Lessor to the Hirer to fully comprehensively cover any relevant vehicles as specified in any Appertaining Schedule hereto.

     

    2.0   Words in the singular shall include the plural and words in the plural shall include the singular.

     

    1. SUPPLY & USE OF VEHICLES

     

    2.1             The Hirer hereby acknowledges that it shall acquire no rights of ownership or property in the Vehicles and will assert no rights of lien or possession thereof against the Lessor or any other entity with interest in said Vehicles.

     

    2.2             Vehicles shall not be used or caused to be used by or for minicabs or taxis or driving schools or courier businesses or competitions or motor sport.

     

    2.3             4 x 4 Vehicles will not be used off-road without prior consent and approval of the Lessor in writing but in any event will not be utilised for "off road" commercial applications under any circumstances where such a Vehicle use would include such activities as quarrying or open cast mining and/or similar activities.

     

    2.4            By taking delivery/accepting invoice (see /providing written order of any Vehicle/contract set forth in any schedule hereto) the Hirer shall be deemed to have accepted these terms & conditions and those set forth in any relevant schedule.

     

    2.5            The Hirer acknowledges that for the purpose of inspection the Lessor will have the right of access at all times to any Vehicle and/or any rental document in respect of any vehicle supplied by the Lessor to the Hirer under the terms of this Schedule thereto.

     

     

    2.6             Acceptance of the terms of this Agreement by the Hirer as set out hereto does not bind the Lessor into supplying motor vehicles to the Hirer nor does it bind the Lessor into providing replacement Vehicles when Vehicles are Re-delivered or due for Re-delivery. Such provision of Vehicles is strictly at the discretion of the Lessor.

     

    1. ACCEPTANCE & CONDITION OF VEHICLES.

     

    3.1             It shall be the Hirers responsibility to inspect the Vehicles immediately upon collection/delivery of Vehicles and detail in writing on the delivery note the extent of pre-delivery damage or mechanical faults (if any) and/or missing Service Warranty Books or Road Fund Licences. The delivery note must be signed by the Hirer or an appointed Hirer acting for & on behalf of the Hirer that the Hirer shall authorise to the Lessor previous to the vehicles delivery and countersigned by the carrier or person effecting delivery.

     

    3.2.            Unless any pre-delivery damage is noted on the delivery note in accordance with clause 3.1 above the Hirer will be deemed to have accepted the Vehicles in good condition both mechanically & bodily and the Lessor shall not be responsible for any damage not so notified or any loss arising therefrom.

     

    3.3             The Hirer agrees that the Lessor shall not be liable for any loss including loss of profit or anticipated profit in connection with the failure by any organisation or person regarding the delivery condition or repair or supply of replacement parts to any vehicles made available to the agent under the terms of this Agreement.

     

    3.4             The Hirer shall have accepted any vehicle rental / extension invoice by not rejecting it in writing within seven (7) days of receiving it whereupon the relevant invoice shall remain valid & the Hirer shall remain fully liable for any monies outstanding detailed on the relevant invoice/s.

     

    3.5             Repairs & replacement parts covered by Warranty must be made or supplied by an approved repairer or if the vehicle services/warranty work is not subject to an on-site engineer then the Hirer shall only take vehicle to an approved dealer arranged prior to any service with the Lessor and if any claims for loss of use or profit or anticipated profit are to be made such claims must be presented to the Vehicle Manufacturer through the Supplying/Repairing dealer.

     

    3.6             The Hirer shall cause the vehicles to be serviced and maintained strictly in accordance with manufacturers recommendations so as to comply with the terms of any manufacturers Vehicle Handbook., Service Book, Warranty or guarantee of which the Hirer is hereby conclusively presumed to have notice and any work or repairs or replacement of damaged parts or accessories shall become part of the Vehicle as defined herein, by informing the lessor as the vehicle reaches intervals of 1000, 6000 & 18000 mile intervals.

     

    3.7            In order to protect validity or the continuing validity of any manufacturers Warranty that may be in force it is fundamental to the Hirer granted hereunder that all the Vehicle scheduled services as required by the manufacturer are completed promptly and for the avoidance of doubt the term "promptly" for the purpose of this clause (clause 3.6) shall mean within seven hundred (700) miles of such scheduled service becoming due and the Hirer acknowledges that in the event of the Warranty on any Vehicle supplied under the terms of this agreement being jeopardized and or becoming invalid as a result of the Hirer's failure for whatever reason to complete the required services (i.e. not to keep the Lessor up-to-date with mileage intervals) in accordance with the terms of this clause (clause 3.6) then the Hirer shall become liable for any loss/costs incurred that the Lessor may suffer as a result of such failure.

     

    3.8            The Hirer will advise the Lessor in writing of any damage to Vehicles other than repairs that involve only the replacement of readily removable parts. Failure to do so by the Hirer will render the Hirer liable for any losses that the Lessor may suffer as a result of such damage repair. Parts that are considered to be readily removable include doors, door skins, bonnet, boot lid/tailgate, bumpers, grills, light clusters, all glass, road wheels, tyres and mud wings that are bolted onto the body of Vehicles. Any repairs that involve straightening, filling (other than minor dents requiring less than one hours labour to rectify) or welding of panels or sub structure must be notified as must repairs that necessitate the use of body repair jigs & wheel alignment equipment.

     

    3.9            The Hirer will be liable for any recover / storage / off-road costs that may become due when any vehicle that is hired from the Lessor to the Hirer is damaged and such costs will be payable upon demand regardless of the circumstance surrounding the incident, and such rates will be based on a minimum the Aggregated Daily Rate as laid out in the Appertaining Invoice.

     

    1. INSURANCE & USE

     

    4.1             The Hirer shall at all times and at their own expense ensure that the Vehicle/s supplied under the terms & conditions of this Agreement or any schedule thereto are fully comprehensively insured on terms free from restriction against loss or damage and in an amount and with insurers approved by the Lessor and that such insurance remains in full force and effect until such Vehicles are Re-delivered to the Lessor or its authorised representative or carrier.

     

    4.2            A copy of the Hirers insurance certificate must be lodged with the Lessor at all times and the Hirer agrees to provide such proof of insurance upon demand from the Lessor.

     

    4.3            The Hirer shall punctually pay all premiums and observe the terms & conditions of the policies of insurance and shall not do or permit to be done anything which may invalidate such insurance or cause the insurers to repudiate or cancel or reduce liability thereunder. Any money received by the Hirer under such insurance in respect of any Vehicle supplied by the Lessor shall be held on trust for the Lessor. The agent shall forthwith notify the Lessor of any intention to cancel the policy or alter the terms & conditions or not to renew the policy on the same terms. The Hirer shall also forthwith notify the Lessor of any matter or occurrence which might give rise to a claim under such insurance and shall at the request of the Lessor appoint the Lessor or any appointed parties with an interest in the said Vehicle as its representative with full authority to negotiate or make claim or agree terms of settlement of any claim relating to such insurance.

     

    4.4             Vehicles supplied to the Hirer under the terms & conditions of this agreement or any schedule thereto may not be taken outside the United Kingdom without the prior written consent of the Lessor.

     

    4.5             Should the Hirer have opted for Self Drive Insurance as per any Appertaining Schedule, the Hirer shall adhere to & observe the following;

     

    4.5.1         Ensure that all monies due are paid punctually in accordance with the Terms & Conditions of Hire as stipulated within this agreement.

     

    4.5.2         Immediately (within 24 hours) notify the Lessor of any matter or occurrence which might give rise to a claim in writing.

     

    4.5.3         Complete any relevant documentation promptly (within 24 hours) of receipt.

     

    4.5.4         Be wholly & completely responsible for ensuring that only the Designated Drivers drive the relevant vehicle as specified in any relevant schedule hereto and the Lessor will not be responsible for any loss arising therefrom.

     

    4.5.5         Observe Clauses 4.1, 4.2, 4.3, 4.4 in accordance with Self Drive Insurance to ensure the policy remains in full force and effect.

     

    4.6             Should the Hirer have opted for Self Drive Insurance as per any Appertaining Schedule, the Hirer understands that the Insurance Excess is £250.00 (two hundred and fifty pounds only) or in the case of the following "High Risk" parties, whereby the Insurance Excess will be £400.00 (four hundred pounds only) which may vary from time to time & is solely at the Lessors discretion:

     

    a)               Designated Drivers who do not hold a British Driving Licence and / or Resided permanently outside the United Kingdom during the last three years and / or had less than 24 months experience under a full United Kingdom driving licence applicable to the type of vehicle being hired

                     

    b)               Designated Drivers who have been involved in any road traffic incident or loss in the last 3 (three) years and / or had any motor insurance proposal declined and / or had any insurer not invite them to renew, refuse to renew or decline any policy or imposed special conditions

     

    c)               Designated Drivers who have in excess of 3 (three) current adverse penalty points on their driving licence and           / or been convicted or received notification of intended prosecution of any motoring offence in the last 5 (five) years and / or been disqualified from driving in the last 10 (ten) years

     

    d)               Designated Drivers who are at the time of hire under the age of 30 (thirty)

     

    4.7             The Hirer understands that the Self Drive Insurance does no cover or compensate either the Lessor or the Hirer for any costs other than any damage that is claimed for such as off the road costs, or any other unspecified loss relating to or arising therefrom and the Hirer remains responsible for compensating the Lessor should the Lessor suffer such losses.

     

     

    5.               ARRANGEMENTS & RENUMERATION

     

    5.1.            The Hirer shall be liable to pay the company monthly in advance on account of said Vehicle rentals the sums set out in any Schedule to this Agreement no later than the date specified on appropriate invoices and such sums will be recovered by the Lessor as specified in writing and will be determined at the absolute discretion of the Lessor by means of cleared funds prior to 28 day rental periods and should the Hirer default upon one such payment the Lessor reserves the right to cancel the agreement & take possession of the rental Vehicle whereby the Hirer shall still remain liable for the outstanding amount as scheduled in any relevant invoice.

     

    5.2             The Hirer shall be liable to pay to the Lessor in accordance with this agreement sums in respect of the matters set out below plus a value added tax at the then prevailing rate. and such sums are payable on demand and will be recovered by the Lessor from the Hirer by means of Bank Cheques or Bank Direct Debits or any such recovery method that the Lessor deems fit and the recovery method will be determined at the total and absolute discretion of the Lessor which the Hirer expressly acknowledges.

     

                      5.2.1         Excess mileage charges pursuant to clause 6.1., 6.2 && 7.3 and as specified                                                                        in the schedule appropriate to the vehicles supplied under the terms of this

                                        agreement.

     

                      5.2.2.        Excess rental charges pursuant to and as determined under clause 8.7

     

                      5.2.3.        Abortive inspection and/or collection charges pursuant to and as determined

                                        under clause 8.1

     

                      5.2.4         Cost of Vehicle re-inspection and subsequent Vehicle re-inspections pursuant

                                        to clause 8.2.1.a)

     

                      5.2.5         Fines costs & penalties incurred in relation to the use of Vehicles by the Hirer

                                        pursuant to Clause 10.1, 10.1.1. & 10.1.2

     

                      5.2.6         Any other miscellaneous charges at the rates specified in the relevant schedule

                                        or under terms of this agreement.

     

    5.3             The Hirer shall be liable to the Lessor in accordance with this agreement sums in respect of the matters set out below plus Value Added Tax at the then prevailing rate and such sums are payable upon demand and will be recovered by the Lessor by Hirer at the total & absolute discretion of the Lessor which the Hirer expressly acknowledges except that at the discretion of the Lessor recovery by Direct Debits will not be affected earlier than seven days after the invoice date relating to such sums.

     

                      5.3.1.        Any refurbishment rectification repairs valeting or other works of any

                                        description required to be carried out in accordance with clause 8.2,

                                        8.2.2. and 8.2.3

     

                      5.3.2         The value of any Vehicle as determined under clause 8.8 in the event of such

                                        failure by the Hirer to make available such Vehicle for re-delivery under

                                        the terms of this agreement or any schedule thereto or any other terms                                                                         expressly agreed by the Lessor in writing.                                 

     

                      5.3.3.        The value of any Vehicle as determined under clause 8.9 in the case of

                                        destruction, loss or theft of such Vehicle.

     

                      5.3.4.        Any consequential loss or damage suffered by the Lessor including loss

                                        from inability to use Vehicles in consequence of any breach of this

                                        Agreement by the Hirer.

     

                      5.3.5.        The cost of any appropriate Vehicle service in the event of failure by the

                                        Hirer to service Vehicles as specified under this Agreement.

     

     

    5.4            In the event that any sums due to the Lessor under this Agreement are not paid by the Hirer to the Lessor on the date due, the Lessor reserves the right to charge interest on the sums from day to day at an annual rate of seven (7) percent above the then prevailing rate of Lloyds/Barclays Bank plc whichever is higher.

     

    5.4            In the event that any sums due to the Lessor under this Agreement are not paid by the Hirer to the Lessor on the date due, the Hirer Acknowleges that the Lessor reserves the right to debit any Credit or Debit card held by the Hirer for the outstanding monies howsoever incurred. Should the Hirer’s specified method of payment be Credit or Debit Card, the said card will be automatically debited on the due date as specified in any appertaining schedule.

     

    1. EXCESS MILEAGE CHARGES.

     

    6.1.            The Hirer will be liable to the Lessor for excess mileage charges in respect of each Vehicle supplied under the terms & conditions of this Agreement or any schedule thereto where the total mileage on each Re-delivered Vehicle as recorded on the Re-delivery or Collection note exceeds a free mileage allowance of two-thousand (2000) miles per 28 days (or such amended free mileage allowance as may be determined by the Lessor & notified to the Hirer from time to time or such pre-determined allowance as indicated on the invoice & any relevant chedule hereto) for the period commencing on the rental start date specified in the appropriate schedule until the actual Re-delivery date whichever is earlier.

     

    6.2             The total mileage of any Re-delivered Vehicle may be adjusted to reflect total mileage where the odometer was or had been inoperative for any reason or a new odometer/speedometer has been fitted.

     

    6.3             Where the chargeable excess mileage on any Re-Delivered Vehicle is more than fifty (50) percent of the total free mileage allowance on that Vehicle then the excess mileage charges on that Vehicle will be payable by the Hirer to the Lessor at twice the scale shown in the appropriate Schedule.

     

    1. MISCELLANEOUS PROVISIONS

     

    7.1.           The Hirer shall notify the Lessor immediately (within 48 hours) in the event of a change;

     

                      a)               or alteration in the name or trading name style or the description of the

                                        Hirer.

     

                      b)               of Vehicle insurer.

     

                      c)               of banker.

     

                      d)               of any Director Principal or Partner.

     

                      e)               of address of the Hirers Directors Principals or Partners.

     

    7.2             The Lessor shall not be held responsible for any loss including consequential loss and/or damage suffered by the Hirer or approved driver or any passenger lawfully carried in the Vehicles unless such exclusion is specifically prohibited by statute nor shall the Lessor be liable for loss or damage to any personal property left in the Vehicle and the Hirer hereby agrees to indemnify the Lessor against any claim based upon or arising from such loss or damage.

     

    7.3            If any part of these terms and conditions shall for any reason be invalid or unenforceable the validity of or enforceability of the remainder shall not be prejudiced in any way and shall continue in full force and effect.

     

    1. VEHICLE RE-DELIVERY & INSPECTION

     

    8.1            In the event that any Vehicle is not available for Re-delivery/collection, on the Re-Delivery date as specified on the Lessors invoice or in any relevant Schedule or on any other date expressly agreed by the Lessor with the Hirer, the Hirer will be liable to pay the Lessor the cost of any abortive inspection and collection incurred by the Lessor representing administration and inspection and transportation costs amounting to a minimum of £500.00 per Vehicle plus value added tax at the then prevailing rate or actual cost incurred by the Lessor plus five percent administration charge plus value added tax at the then prevailing rate.

     

    8.2             When Vehicles are inspected by a representative of the Lessor prior to Re-Delivery and the Vehicles are not in the condition as required under clause 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6 then the Lessor at its total discretion may;

     

                      8.2.1.        Instruct the Hirer and at the Hirers expense to have the Vehicles repaired and

                                        refurbished or cause to have done whatever is necessary to bring the vehicles

                                        up to the delivery standard as required under clause 9.5 & 9.6 of this Agreement

                                        and in addition the Hirer is liable to the company for;

     

                                        a)               the cost of the Vehicle re-inspection and subsequent Vehicle

                                                          re-inspections (if any) at a rate of one hundred pounds (£100.00)

                                                          per Vehicle inspection plus value added tax at the then prevailing

                                                          rate and

     

                                        b)               costs and charges in accordance with clause 5.2.2. and clause 5.2.6.

                                                          specified in the appropriate schedule to the date that the Vehicles

                                                          are Re-delivered in a condition as required under clause 9.1, 9.2, 9.3,

                                                          9.4, 9.5 and 9.6 or;

                     

                      8.2.2.        instruct the Lessor's Vehicle carrier or representative to collect & deliver the

                                        Vehicles to a supplying/repairing dealer or any Vehicle repairer which the

                                        Lessor at it's discretion considers suitable and competent to carry out the

                                        necessary repairs and refurbishment and instruct such Vehicle repairer and

                                        at the Hirers expense to repair &/or refurbish and do whatever is necessary as

                                        instructed by the Lessor to bring the Vehicles up to the standard as required

                                        under clause 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6 of this Agreement and in addition the

                                        Hirer is liable to the Lessor for costs and charges in accordance with clause 5.2.2.,

                                        5.2.4., and 5.2.5., 5.3.4. and 5.3.5. from the original date specified in the

                                        appropriate Schedule to the date that the Vehicles are re-delivered in a condition

                                        as required under clause 9.1, 9.2, 9.3, 9.4, 9.5 & 9.6.

     

    8.3             The Hirer will be liable to the Lessor for the cost of any underbody and/or mechanical repairs and/or for the cost of rectification of sub-standard work and/or for the replacement cost of unapproved manufacturers parts & accessories found to be required to Vehicles after such Vehicles have been Re-delivered to the Lessor or any other party connected with the Lessor and authorised by the Lessor irrespective of whether such repairs and/or the fitting of unapproved parts and accessories were noted or not noted when Vehicles were inspected prior to delivery.

     

    8.4             The Lessor shall not be liable for any storage charges insurance premiums or any other losses of any other description in the event of late inspection/Re-delivery, although the Lessor will at all times endeavour to collect the said Vehicles on the specified date.

     

    8.5             It is the hirers responsibility to check that the Vehicle is returned with fuel tank full with petrol / diesel, and also that spare wheels, tools, radio/cassette and any other accessories are returned with the Vehicles and signed for by the carrier or person effecting collection on behalf of the Lessor. Fuel Charges may vary from time to time at the Lessor's discretion from a minimum charge of £1.20 pence per litre. The Hirer must also check oil / water levels daily and ensure that levels are topped up sufficiently.

     

    8.6             It is the Hirers responsibility to check Vehicles prior to Re-Delivery and ensure that the appropriate Vehicle documents are returned with the Vehicle and that the service Booklet bears an approved stamp to confirm the completion of any service which may have become due as required by clause 3.5, 3.6 and 9.6.

     

    8.7.            In the event that the Hirer fails to make any Vehicle available for Re-delivery on the due Re-delivery date as specified in the relevant schedule or any other date expressly agreed by the Lessor and in condition as required under clause 9.1, 9.2, 9.3, 9.4, 9.5 , & 9.6 of this Agreement then the Hirer shall become liable to the Lessor for excess rental charges from the date following the due Re-delivery date until the date that such a Vehicle is made available for Re-delivery and in a condition as required under 9.1, 9.2, 9.3, 9.4 ,9.5, and 9.6 of this Agreement and such excess rental charges which will become payable on demand in accordance with clause 5.2 & 5.2.2., and will be calculated as follows;

     

                      a)               For each of the first twenty eight (28) days following the due Re-delivery

                                        date the excess rental charge for each Vehicle not so Re-delivered will equate

                                        to two hundred percent (200%) of the original rental rate specified in the

                                        relevant Schedule and will be calculated on a pro rata basis.

     

                      b)              For each day in excess of the first twenty eight (28) days following the due

                                        Re-delivery date the excess rental charge for each Vehicle not so re-delivered

                                        shall equate to three hundred percent (300%) of the original rental rate

                                        specified in the relevant Schedule and will be calculated on a pro rata basis.

     

    8.8             Should the Hirer fail to make the Vehicle available for Re-delivery any Vehicle within twenty-eight (28) days from the due Re-delivery date specified in the relevant Schedule or any other date expressly agreed with the Lessor, the Hirer and strictly at the Lessors discretion may become liable to the Lessor at any time thereafter for the Value of the Vehicle not so re-delivered and such value will include the sum of the Basic retail price plus Manufacturers Factory Delivery cost plus Dealer pre-delivery and inspection cost plus Value Added Tax at the then prevailing rate as determined at the Rental Start Date specified in the relevant Schedule less than two & one-half percent per complete Calendar month as calculated from the Rental Start Date until the Re-delivery date specified in the appropriate Schedule or alternatively the Hirer at the Lessors total & absolute discretion may continue to be liable to the Lessor for excess rental charges pursuant to clause 8.7b).

     

    8.9            In the case of destruction loss or theft of a Vehicle at any time during the period of this agreement then the Hirer shall become liable to the Lessor forthwith for the Value of the Vehicle which will include the sum of the Basic retail price plus Manufacturers Factory Delivery cost plus Dealer pre-delivery and inspection cost plus Value Added Tax at the then prevailing rate as determined at the Rental Start Date specified in the relevant Schedule less than two & one-half percent per complete Calendar month as calculated from the Rental Start Date until the Re-delivery date specified in the appropriate Schedule if earlier. Any insurance monies subsequently received by the Lessor in respect of the destruction loss or theft of a vehicle will be first applied to offsetting the cost to the Hirer of monies paid by the Hirer to the Lessor under the terms of this clause (clause 8.9).

     

    8.10          The Lessor shall be entitled to retain any Damage Deposits required to be paid by the Hirer to the Lessor from time to time until all Vehicles specified in any Schedule to this agreement have been Re-delivered in a condition as required under Clause 9.1, 9.2, 9.3, 9.4 , 9.5 & 9.6 and until all sums due and payable under this Agreement have been paid by the Hirer to the Lessor.

     

    8.11          In the event that any said vehicle appertaining to this agreement is returned to the Lessor with repair work that amounts to 7 (seven) days or over labour, the Hirer may be liable to the Lessor for Loss of anticipated profit at the aggregated daily amount plus any administration fees that may be incurred.

     

    9.               VEHICLE CONDITION ON RE-DELIVERY.

     

    9.1             Vehicles must be returned in a clean condition both inside and out otherwise a charge for valeting may be levied by the Lessor.

     

    9.2             Vehicle body & coachwork should be sound & well-maintained free from dents and other disfigurements. Work performed prior to return must be done to a high standard. Paint colour should match and should meet manufacturers original finish free of marks "orange peel" and polished to an appropriate level of gloss. Panels repaired and resprayed should not show rippled surfaces or uneven presslines nor filler sanding marks. Any failings may merit a charge for work being done again.

     

    9.3             Vehicle interior fittings should be free from unsightly repairs stains & cigarette burns & should be well maintained.

     

    9.4             Glass areas cracked or holed whether in lamp lenses or windows should be replaced.

     

    9.5             Tyre wear should be consistent with mileage consistent with that of other tyres on the Vehicle and consistent with correct tracking / suspension and conform to "The Road Vehicles (Construction and use) (Amendment No.4) Regulations 1990".

     

    9.6             Vehicles must be serviced on a regular basis pursuant to Clause 3.6 and 3.7 and evidence of such service must be confirmed in the appropriate Service book by way of a Supplying/Repairing Dealer stamp.

     

    9.7             Vehicles should be taxed up to date with the appropriate Road Fund Licence and it is the Hirer’s responsibility to ensure that the Lessor is notified immediately & in writing should the Lessor be providing the Road Fund Licence as part of any appertaining Maintenance contract & the Road Fund Licence has not been supplied by the due date; the Lessor will not take responsibility for any late dispatching of Road Fund Licence discs howeverso occasioned.

     

    10.            ROAD TRAFFIC ACT LIABILITY.

     

    10.1          During the currency of this Agreement and for the period relating to any Vehicle supplied under the terms of this Agreement or any Schedule thereto the Hirer acknowledges liability as if s/he were the owner of the Vehicle in respect of any acts or offences which may be committed in relation to that Vehicle including but not limited to;

     

                      10.1.1.      any fixed penalty offence pursuant to Part III of the Road Traffic Offenders

                                        act 1988;

                      10.1.2.      any excess parking charges which may be incurred pursuant to an order under

                                        section 45 and/or Section 46 of The Road Traffic Regulation Act 1984 and/or any section

                                        under the Road Traffic Act 1991 and/or/ Road Traffic Act 1974.

     

    10.2          The Hirer will be liable for any administration charges that the Lessor imposes with regard the administration of such fines which will be determined at the Lessor's discretion and may differ from time to time from the minimum fee of £25.00 (fifteen pounds only) plus v.a.t. at the now prevailing rate and such monies will be payable immediately upon demand.

     

    1. PERIOD OF TERMINATION

     

    11              The expiry or termination of this Agreement shall be without prejudice to any accrued rights or obligations of the parties hereunder and without prejudice to the generality hereof.

     

    11.1          This Agreement shall terminate forthwith without notice if;

     

                      a)              a petition for bankruptcy order or an application for an interim order under

                                        the Insolvency Act 1981 is made against the Hirer or its Principals or

                                        Directors.

     

                      b)               the Hirer makes a composition or an arrangement with its creditors.

     

                      c)               the Hirer has a receiver appointed or an order for Receivership is made

                                        or applied for.

     

                      d)               the Hirer allows a third party to seize or threatens to seize any of the Hirers

                                        property to satisfy the Hirers liabilities.

     

                      e)               the Hirer abandons or utilises the vehicles supplied under the terms of

                                        this agreement or any Schedule thereto in a manner whereby the rights or

                                        interests of the Lessor may be jeopardized.

     

                      f)                the Hirer is a Limited Company and has a petition for a winding up order or

                                        a petition for an Administration order presented against it or has a Receiver

                                        or Administrative Receiver appointed.

     

                      g)               the Hirer is in breach of any of the provisions of this Agreement.

     

                      h)              the Hirer utilises any contracted vehicles without valid fully comprehensive vehicle insurance.

                                        The Hirer remains Fully & personally liable for any action or costs which are caused as a result of

                                        invalid or void insurance.

     

    11.2          On termination of this agreement however occasioned the Hirer shall forthwith account to the Lessor for any sums due to the Lessor under this Agreement and the Lessor or any other entity or person with interest in Vehicles supplied under the terms of this Agreement or any Schedule thereto shall be at liberty to take possession of said Vehicles forthwith and for that purpose the Lessor or other interested parties servants or appointed representatives may without previous notice enter upon premises in which Vehicles may be or may be believed to be situated.

     

    1. ACKNOWLEDGEMENTS

     

    12.1          It is expressly agreed between the parties that the provisions of this Agreement are reasonable and do not interfere with freedom of action by the Hirer who enters into this Agreement with the benefit of legal advice and full knowledge of all the provisions hereof and the Hirer acknowledges that all such provisions are fair & reasonable.

     

    12.2          The Hirer is aware that in connection with their application the Lessor will carry out a credit check with one or more licensed credit reference agencies who will retain a record of that search. In the event of default, this will also be recorded with the relevant agencies. This information may be used by other lenders when assessing credit for any person within that household and/or the company itself and also for occasional debt tracing and/or fraud prevention purposes.

     

    13. MISCELLANEOUS CHARGES

     

    13.1          The Hirer will be liable for any administration charges that the Lessor imposes with regard the administration of vehicle traffic fines of any description which will be determined at the Lessor's discretion and may differ from time to time from the minimum fee of £25.00 (twenty five pounds only) plus v.a.t. at the now prevailing rate         and such monies will be payable immediately upon demand.

     

    13.2          The Hirer will be liable for any administration charges that the Lessor imposes with regard the administration of vehicle damage costs, to include repair & the processing of vehicle damage claims whether it be subject to the Hirer's own insurance or the Lessors Self Drive Insurance; vehicle damage invoices will be subject to a 10% (ten per-cent) administration surcharge, any administration regarding persuing any insurance claim will be charged at a minimum fee of £55.00 (fifteen pounds only) per claim persued which may vary from time to time and is dependant upon the hours spent by any member of the Lessor's staff arranging for the claim to be persued which will be calculated by the Lessor & will be solely at the Lessor's discretion.

     

    13.3          The Hirer will be liable for any administration charges that the Lessor imposes with regard the administration of the following;

     

    a)               Replacement copies of any Appertaining Invoices or any other such document including standing order mandates that have been mislaid or misplaced by the Hirer at the minimum variable rate of £10.00 (ten pounds only) per copy by facsimile or email & £25.00 (fifteen pounds only) per copy dispatched by post,

     

    b)               Dishonoured payments by cheque, standing order or any other method at a minimum variable rate of £100.00 per each payment that is dishonoured, returned, recalled or missed, also any other administration charges resulting from the time spent recouping these monies from the Hirer at a minimum fee of £55.00 (fifteen pounds only) per hour; it will also result in immediate breach of contract,

     

    c)               Administration charges resulting from late payment of invoices as per the Due Date as per any Appertaining Invoice or related invoice at a rate of £25.00 per telephone call to remind the Hirer that payment is overdue, for each faxed reminder and/or duplicate statement and/or termination of contract letter that is forwarded to the Hirer by facsimile, post or other methods, and/or an hourly rate of £55.00 (fifteen pounds only) will apply to cover any additional time spent on miscellaneous duties resulting from the recovery of overdue monies,

     

    d)               Administration fees resulting from failure to supply any relevant document appertaining to the Hire i.e. failure to provide insurance proof /driving licence/pending documents at the rates set out as per 13.3c) which shall be charged at an incident rate and/or also an hourly rate as laid out above.

     

    13.4          The Hirer acknowledges that the above charges are subject to v.a.t. at the then prevailing rate & are payable strictly         within 7 (seven) days from the date of said invoice and failure to present payment will result in breach of contract     whereby all monies invoiced will remain outstanding.

     

    1. HEADINGS

     

    14.1          Headings contained in this Agreement are for reference purposes only and do not form part of this Agreement and shall not be deemed to alter or affect the meaning of the provisions hereto.

     

    1. Finance House Step-in Clause to be added into Third Party Rental Agreement:

     

    15.1.         The Hirer acknowledges that the Finance Houses used by the Lessor to fund Goods have certain rights under this Agreement, even though are not signatories of the same. These rights include:

     

    (a)   The right to visit or enter the Hirer’s place/s of business to ascertain the whereabouts of any Goods funded by them;

     

    (b)   The right to uplift the Goods if the Hirer is in payment arrears to the Lessor or if the Lessor is in any breach (or howsoever described) under any Agreement between the Lessor and the Finance House;

     

    (c)   In the event that the Lessor enters administration, receivership or liquidation and has not paid the Finance House for the Goods, the Finance House has the absolute and immediate right to enter the Hirer’s premises or those of the Hirer’s customers to identify the whereabouts and uplift the Goods;

     

    (d)   Alternatively, the Finance House may, at its complete discretion and without prejudice to their rights agree to enter into a direct relationship with the Hirer to continue leasing the Goods until the end of the Contract Period under this Agreement.

     

    (e)   Subject to the Finance House’s agreement, if the Lessor goes into administration, liquidation or receivership the Hirer shall be entitled to make Rental payments to the Finance House directly so as to avoid termination of the Contract Period of that Agreement; such payments must be made without set off, deduction or counterclaim.         

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