Corporate Rental: TERMS & CONDITIONS OF HIRE

1. Hirer shall return Vehicle, together with all tyres, tools, accessories in good condition repair and working order (allowing for fair wear and tear in accordance with the BVRLA Standards). The Hirer shall pay to CFS, forthwith on demand, its reasonable estimate of making good any wear and tear suffered by the Vehicle in excess of fair wear and tear and the cost of removal and making good any modification made to the Vehicle.

2. The Hirer shall return the Vehicle to the place notified by CFS, on the date specified overleaf, or sooner, if demanded by CFS. If the Vehicle is returned before the end of the original Hire Period CFS shall refund to Hirer any sums already paid in excess of those due.

3. The Hirer shall at all times use the Vehicle in a reasonable manner and the Vehicle will not be used:

   1. for the carriage of passengers for hire or reward;
   2. for any unlawful purpose;
   3. to propel or tow any other vehicle or trailer without the prior written consent of CFS;
   4. for motor sport, racing, pacemaking, reliability trials, speed testing or driving tuition;
   5. to carry a number of passengers and/or baggage which would cause Vehicle to be overloaded or in the case of a commercial Vehicle to carry a payload which exceeds the maximum permitted payload;
   6. by any person not authorised by the Hirer;
   7. by any person not holding a valid current driving licence;
   8. by any person not covered by the Hirer’s insurance policy; or
      
      
      1. outside England, Scotland, Wales, Northern Ireland or the Republic of Ireland without the prior written consent of CFS.
4. The Hirer shall not:
   
   
   1. effect any mechanical or other modification to the Vehicle, make any alterations or additions or fit any accessories or non-standard tyres. Any additions, alterations or modified parts fitted without consent shall become part of the Vehicle and shall belong to CFS;
   2. remove or interfere with any identification marks or plates affixed to the Vehicle, nor attempt or purport to do so, nor permit the same; or
   3. deface the paintwork or bodywork of the Vehicle, nor add or erect any painting, sign writing, lettering, or advertising to or on the Vehicle.
5. Hirer expressly acknowledges liability to pay CFS on demand:
   
   
   1. the Rental payments which CFS may invoice every 28 days during and on termination of the Hire Period; and
   2. all sums properly due under this Agreement;
   3. costs on a full indemnity basis to repair, collision or other damage, however caused, to the Vehicle; and
   4. loss of revenue to CFS for the period during which the Vehicle is unavailable for rental by reason of repair, collision or other damage caused during the Hire Period calculated at the Daily Rental Rate; and
   5. the replacement cost of the Vehicle in the event of theft;
   6. if fuel is provided, the cost of fuel consumed during the Hire Period charged at the Fleet News Rate together with the refuelling charge of 200 pence per litre or part litre;
   7. the Collection Charge specified overleaf or, if Hirer requires that the Vehicle be collected from an address other than the Delivery Address, the Collection Charge agreed between CFS and Hirer: and
   8. any value added tax or local or other taxes payable.
6. If the Vehicle travels further than the Maximum Monthly Mileage pro rata for the Hire Period (as measured by the Vehicles odometer or in the event of the odometer’s failure, CFS’s reasonable estimate of the mileage travelled) Hirer shall pay to CFS the Excess Mileage Rate for each mile in excess of the Maximum Monthly Mileage.
7. The Hirer shall pay interest at 4% above the base rate of Barclays Bank Plc from time to time on overdue Rentals and all other sums properly due under this Agreement which are unpaid in each case from the due date to the date of payment. Any interest due under this clause shall run from day to day and shall accrue after as well as before any judgement.
8. The Hirer shall, at the request and cost of CFS, do and permit to be done in Hirer’s name all acts and things as may be necessary or reasonably required by CFS to enforce any rights or remedies, obtain any relief or claim under any indemnity from any third parties in respect of any loss or damage to or in connection with the Vehicle during the Hire Period. CFS shall account to Hirer for any sums recovered by CFS and due to Hirer from such other parties under this clause after setting off any outstanding liability of Hirer to CFS.
9. The Hirer must inform CFS within 48 hours, excluding bank holidays, of any loss of, or, damage occurring to the Vehicle and of any fault, reasonably requiring repair, 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 such damage or fault has been repaired or corrected. Authorisation for expenditure in excess of £25 (twenty-five pounds) must be obtained in writing from CFS prior to commencement of the repair.
10. CFS shall not be liable for loss of or damage to any property left, stored or transported by Hirer or any other person in or upon Vehicle either before or after the return to CFS. Hirer agrees to hold CFS harmless from, and indemnify CFS against any and all loss, damage and expense (including legal costs) arising under this clause unless caused by the negligence of CFS.
11. The Hirer shall not sell or offer for sale, assign, mortgage or pledge the Vehicle or the tools or equipment or any part or parts thereof or otherwise deal with the same in any manner inconsistent with the CFS’s rights.
12. Hirer will not allow any lien upon the Vehicle, tools or equipment to come into existence.
13. Either party may terminate this agreement at any time by giving the other not less than two business days written notice. This Agreement shall determine forthwith if:
    1. The Hirer, being an individual, dies or suffers an interim order (within the meaning of the Insolvency Act 1986) to be made against him or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order or if the Hirer, being a body corporate, enters into any liquidation, calls a meeting of its creditors, or has a receiver or administrative receiver appointed over all or any of its assets, or suffers the appointment or the presentation of a petition for the appointment of an administrator under the provisions of the Insolvency Act or is deemed by virtue of Section 123 of the Insolvency Act to be unable to pay its debts;
    2. Any distress or execution is levied against any of the Hirer’s goods; or
    3. The Hirer fails to perform or observe the terms and conditions of this Agreement (or is breach of the terms and conditions of any other agreement with CFS) and such default or breach (if capable of remedy) continues 14 days after notice specifying the breach and requiring the same to be remedied has been given.
14. Termination of this Agreement shall not affect any existing rights of CFS under this Agreement whether for damages or otherwise.
15. In the event of termination Hirer shall forthwith return Vehicle to CFS, failing which CFS shall be at liberty to retake possession of Vehicle and all costs and expenses incidental to recovery of Vehicle incurred by CFS shall be repaid on a full indemnity basis to CFS by Hirer on demand.
16. CFS shall obtain and pay for the vehicle excise licence and any MOT certificate for the Vehicle. CFS has maintained the Vehicle to at least the manufacturer’s recommended standards and warrants that at the start of the Hire Period the Vehicle is roadworthy and suitable for the purpose of renting. CFS shall not be liable for damages arising from defects or mechanical failures which are not attributable to any breach of this warranty or any warranty implied by law to take reasonable care or exercise reasonable skill. Nor shall CFS be liable for any indirect or consequential loss or damage. However, nothing in these terms and conditions shall be deemed to exclude or restrict CFS’s liability for death or personal injury resulting from negligence or any other liability of CFS which cannot be excluded as a matter of law.
17. Unless the Hirer is a body corporate, the Hire Period shall not exceed 84 days.
18. Any additions to or alteration of the terms and conditions of this must be in writing and signed by both CFS and Hirer
19. The Vehicle shall at all times remain the property of the CFS.
20. The rights of the Hirer under this Agreement cannot be transferred or assigned.
21. The Hirer agrees to indemnify the CFS from and against any loss, liability, claim or damage which the CFS incurs or suffers as a consequence of any default of the Hirer in the performance of any of its obligations under this Agreement.
22. This Agreement constitutes the entire agreement between the parties in connection with its subject matter.
23. This Agreement shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English courts.