1.1 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.

1.2 Words and expressions defined overleaf shall where applicable have the same meanings

when used herein. In addition the term “Vehicle” when used herein shall (if applicable)

be deemed to include any replacement vehicle and all tyres, tools, accessories, parts

and equipment relating to Vehicle.

1.3 Where the person signing this Agreement on behalf of Renter is not Renter, he or she

represents and warrants to Owner that he or she is authorised to sign and to enter into

this Agreement for and on behalf of Renter and all agreements and obligations on the

part of Renter hereunder shall be deemed to be made by such person jointly and severally with

Renter.

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 Time and Date Out specified overleaf and shall

continue (subject to earlier termination by either party or any extension in accordance with

this Agreement) until the Time and Date Due Back specified overleaf.

2.3 The period of hire may not be extended without Owner’s prior written consent.

3.1 Renter will not use Vehicle or allow Vehicle to be used for any purpose for which it is neither

designed, suitable nor hired including (without limitation) the carriage of passengers and/or

property for hire or reward; any unlawful, hazardous or unusual purpose; propelling or towing any

other vehicle or trailer or for any similar purpose without Owner’s prior written consent; racing,

rallying, pace-making, reliability, speed testing or other trials, competitions of any sort or driving

tuition; carrying a number of passengers and/or property which would cause Vehicle to be

overloaded or would cause any applicable restriction to be exceeded; the use of Vehicle on any

surface other than roads with a tarmacadam or concrete surface over which there is a right of way

(public or private) for motor vehicles.

3.2 Renter will not allow Vehicle to be driven by any person who has not been approved in writing by

the Owner.

3.3 Renter will not take or allow Vehicle to be taken outside the United Kingdom without Owner’s prior

written consent. As a pre-condition of any consent Renter must produce to Owner evidence

satisfactory to Owner of adequate insurance arrangements for taking Vehicle abroad including

(without limitation) an International Motor Insurance Card (“Green Card”) and/or Bailbond (as the

case may be).

3.4 Renter will not use any vehicle with a gross vehicle weight over 3.5 tonnes without a full valid and

current Operators license where the vehicle is being used for business use.

4.1 Renter will pay to Owner on demand:

(a) the Total Deposited as specified overleaf together with any further deposits requested

by Owner on or before the commencement of any extension of the period of hire, which

Owner may apply at any time towards payment of any sums due from Renter

hereunder;

(b) the rental and mileage charges computed at the rate specified overleaf for the mileage

covered or deemed to have been covered by Vehicle from the commencement of the

period of hire until Vehicle is returned to Owner in accordance with the terms of this

Agreement as recorded by the odometer installed in Vehicle when received provided

that if Owner decides in its absolute discretion that the odometer has failed or

malfunctioned or has been interfered with in any way the mileage charge shall be

estimated by Owner in its absolute discretion;

(c) the amounts (if any) specified overleaf for Time charges, Collision Damage Waiver, Theft

Protection, and the miscellaneous other charges (if any) specified overleaf;

(d) 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 by Renter or Owner

(except where caused through fault of Owner) from the commencement of this

Agreement until 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 and notification of offence to Owner, and Renter will allow Owner to process

electronic CNP transactions for these amounts plus a reasonable administration fee not less

than £25.00;

(e) Owner’s costs or repairing or replacing Vehicle in the event of loss, theft or damage

howsoever caused, plus loss of revenue to Owner (calculated at Owner’s unlimited

mileage charges for the period during which Vehicle shall remain unavailable for rental

by reason of such matters) provided that if Vehicle is operated in accordance with all

the terms of this Agreement;

(i) Renter’s Liability in respect of damage to or Theft of Vehicle will be limited to a nonwaivable

excess charge in accordance with Owner’s current tariff as specified overleaf,

except where the damage or theft has been caused by the negligence of the Renter;

(f) the cost of refuelling Vehicle if returned to Owner with less fuel than was contained in

Vehicle’s fuel tank at the commencement of the period of hire together with Owner’s

current tariff for refuelling service charges;

(g) Owner’s cost incurred in recovering Vehicle in the event Renter fails to return it to 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.

4.2 All overdue payments shall bear interest on the amount overdue at the rate prevailing laid

down by the Government from the date such sums become due to the date of actual payment.

Owner reserves the right to charge administration fees.

Renter shall at all times during the term of this Agreement:

(a) take proper care of Vehicle and ensure Vehicle is used in a lawful and reasonable

manner in all respects and in particular (without limitation) will keep Vehicle locked

when not in use and shall ensure that ignition keys and/or security arming devices are

not left in the vehicle when unattended.

(b) return Vehicle to Owner in the same condition as when received as evidenced by

Renter’s signature on Owner’s “Check-in-slip” relating to Vehicle (fair wear and tear only

excepted) to Owner’s address specified overleaf immediately upon demand by Owner

(such demand not to be made without reasonable cause) subject to a refund to Renter

of any sums already paid by Renter in excess of those due under the terms of this

Agreement;

(c) immediately report any accident, loss or damage involving Vehicle to Owner and the

police or other proper authority and at Owner’s request complete Owner’s accident

report form without delay;

(d) immediately report any breakdown, fault or defect, reasonably requiring repair to

Owner and will not, in the case of a defect or fault which makes Vehicle unroadworthy

or liable to cause damage or danger to persons or property or further damage to

Vehicle, use Vehicle until such defect or fault has been repaired or corrected and will take

all reasonable steps to prevent or mitigate any loss or damage occurring to Vehicle;

(e) obtain Owner’s prior written consent before incurring repair costs in excess of £25;

(f) not remove or interfere with any Vehicle parts or spares or with any identification marks

or plates affixed to Vehicle;

(g) inform Owner immediately upon request of the whereabouts of Vehicle;

(h) not sell, mortgage, charge, pledge, assign, underlet, lend or otherwise dispose of or

part with possession of Vehicle at any time or contract so to do or otherwise deal with

Vehicle in any manner inconsistent with Owner’s rights;

(i) maintain all oil and fluid levels and tyre pressures in accordance with the manufacturer’s

recommendations;

(j) at Owner’s request assist Owner in enforcing any rights or remedies Owner may have

against third parties in respect of any loss or damage to or in connection with Vehicle

arising during the term of this Agreement.

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 the necessary repairs are

carried out promptly, if possible;

(c) if repairs cannot be carried out promptly, to provide a substitute vehicle or allow the

Renter to terminate hire.

6.2 All other warranties, conditions 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) Owner shall not be liable to Renter for any indirect or

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 Vehicle;

(b) any property left, stored or transported by Renter or by any other person in or upon

Vehicle either before or after the return of Vehicle to Owner. Provided always that nothing

herein contained shall restrict or exclude Owner’s liability for death or personal injury

caused by Owner’s negligence or any other liability of Owner which cannot be excluded as

a matter of law.

7.1 Except where Renter has elected personally to insure Vehicle as evidenced by Renter’s

signature in the “Accepts” space overleaf, Renter participates as an insured under Owner’s

vehicle insurance policy and agrees to observe all the terms and conditions thereof. A summary

of the terms and conditions of such insurance policy is available for inspection at Owner’s

address specified overleaf. Renter further agrees to protect the interests of Owner and

Owner’s insurance company 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 and of

witnesses;

(b) not admitting liability or guilt to any third party;

(c) not abandoning Vehicle without adequate provisions for safeguarding and securing the

same;

(d) calling Owner’s office by telephone using the number specified overleaf and further giving

a detailed report including (without limitation) plans and drawings to Owner;

(e) notifying the police or other proper authority immediately.

7.2 Where Renter has elected personally to insure Vehicle (evidenced as aforesaid), Renter

undertakes to insure and keep insured Vehicle during the term of this Agreement under a fully

comprehensive motor insurance policy (including windscreen damage) to its full replacement

value, free from limitation or excess, with reputable insurers approved in writing by Owner.

Renter agrees to observe all the terms and conditions of the said policy. Renter shall at

Owner’s request supply full details of such policy to Owner and shall ensure Owner’s interest in

Vehicle is endorsed upon the said policy. Renter shall procure that any money paid by Renter’s

insurers under the said policy is paid directly to Owner, and Renter shall compensate Owner

for any loss or damage suffered by Owner in excess of any monies received by Owner.

Renter will indemnify and hold harmless Owner and keep Owner indemnified and held harmless

against all costs, losses, claims or damages, expenses and liabilities of

whatsoever nature suffered, incurred or sustained by Owner as a result of or in connection

with:

(a) any breach by Renter of any of the provisions of this Agreement; and

(b) any loss or damage to property left, stored or transported by Renter or by any other

person in or upon Vehicle either before or after return of Vehicle to Owner. Provided that

this indemnity shall not apply to any liability of Owner for death or personal injury caused

by Owner’s negligence or any other liability of Owner which cannot be excluded as a

matter of law.

9.1 If Renter commits any breach of this Agreement; or if any statement, representation or warranty

made by Renter overleaf or in these terms and conditions in respect of himself or any Additional

Driver is incorrect; or if a receiving order is made or a petition in bankruptcy is presented

against Renter (or, being a company, Renter goes into liquidation, whether voluntarily

or compulsorily or a receiver, administrator, administrative receiver or manager shall

be appointed over the whole or part of its business or assets); or if Renter offers to make any

arrangement with its creditors or if any distress or execution is levied against any of its goods;

then in any such event Owner may terminate this Agreement forthwith but without prejudice to

any of Owner’s accrued rights and remedies against Renter.

9.2 On the expiry or termination of this Agreement, howsoever occasioned, Renter shall no longer

be in possession of Vehicle with Owner’s consent and Renter shall forthwith return Vehicle in

the same condition as when received as evidenced by Renter’s signature on Owner’s “Check-in

slip” relating to Vehicle (fair wear and tear only excepted) to Owner’s address specified overleaf,

provided that under no circumstances shall Renter return Vehicle to Owner outside Owner’s

normal published opening hours without Owner’s prior written consent. If Renter commits any

breach of this Agreement, Owner may, without notice, retake possession of Vehicle together with

the insurance certificate and any other documents of Owner and for such purpose may enter upon

any premises belonging to or in the occupation or control of Renter.

The information that you have provided on this form will be used by the Owner to fulfil the

contract that you have placed with us. We will not pass your information to any

PO Box 11992, Birmingham, B12 0ZR. We may use your information to let you know about

other products and services offered by this company which we think will be of interest to you, or

to undertake quality control questionnaires. If you do not want to receive this information

or to take part in any survey we undertake then please advise us either verbally or by

writing to Customer Services at the address on the front of the agreement.

This Agreement constitutes the entire agreement and understanding between the parties

hereto and no variation to this Agreement shall be binding unless agreed in writing by Owner.

1206 RIV1L