Bury Van Hire

0161 797 3922

info@buryvanhire.co.uk

Terms and Conditions

1. In this Agreement the following terms shall have the meanings hereby respectively assigned to them.

Hirer: The person named as such overleaf.

Driver: The hirer and/or other person named as such overleaf or any other person previously approved by the Lessor to drive the vehicle.

Vehicle: The original vehicle described overleaf or any replacement vehicle.

Accessories: The spare wheel, tools and other items with which the vehicle is supplied and any replacements thereof.

Rental Period: The period from the date and time out stated overleaf until the re-delivery of the vehicle into the physical custody of the Lessor.

Rental Charges: The hire charges for the rental period calculated in accordance with the Lessor’s current tariff.

Refuelling Charge: A surcharge which is added to the cost of the amount of “Top Up” fuel needed when the vehicle is returned to the Lessor. Calculated in accordance with the Lessor’s current tariff.

Excess Amount: The sum specified overleaf as the excess amount.

Excess Waiver Fee: A fee calculated in accordance with the Lessor’s current tariff which limits the Hirer’s liability to pay the excess amount to the amount of the non-waivable excess

Non-Waivable Excess: The Hirer’s liabilitywill be limited to the amount of the non-waivable excess if Excess Waiver is purchased in accordance with the Lessor’s current tariff or is part of an inclusive tariff rate offered by the Lessor.

Personal Accident, Personal Effects & Goods in Transit Insurance Fees: Fees which entitle the Hirer to the benefits of the cover set out in the master policies issued to the Lessor.

Current Tariff: The Lessor’s tariff current at the commencement of the hire.

The Insurance Policy: The Lessor’s policy of insurance on the vehicle a copy of which is available for  inspection at the main office of the Lessor.

2. The Hirer acknowledges that:

a) The vehicle is fit for the purpose and is in good condition and undertakes to return it and its accessories in the same condition, fair wear and tear excepted, to the place and on the date due back specified overleaf.

b) They have received the vehicle free from defects or damage (except as indicated overleaf and that the Lessor has no liability in respect of any injury loss or damage arising from the use of the vehicle, nor shall the Lessor be liable for any indirect or consequential loss or damage. The Lessor shall not be liable for damages arising from defects or mechanical failures which are not attributable to any breach of the Manufacturer’s warranty or any warranty implied by law to take reasonable care or exercise reasonable skill.

3. During the rental period the Hirer shall keep the vehicle and its accessories in their or any approved driver’s possession and free from legal process or lien and when not in use adequately protected and secured.

4. The Hirer and any driver shall ensure that the vehicle will not be used:

a) For hire or reward.
b) For racing, pacemaking, rallying, speed testing, driving tuition or similar purposes or for propelling or towing any vehicle, trailer or other object without authority. All towed items including trailers to be covered by customers own insurance.
c) In any manner which might render void the insurance policy, or other contract of insurance.
d) For any illegal purpose or in contravention of any legislation affecting the vehicle, or its construction.
e) By any person who:
• Is not licensed to drive the vehicle
• Is under 22 years of age or over 70 years of age
• Is under the influence of drink or drugs
• Has given a fictitious name age or address
• Has not been approved by the Lessor as a driver
• Has been convicted of a motoring offence the details of which have not been disclosed in writing to the Lessor at the commencement of the hire.
f) Outside England, Wales or Scotland without the prior consent of the Lessor.

5. The Hirer agrees to pay on demand:

a) Rental Charges
b) Any appropriate Excees Waiver or Personal Accident, Personal Effects or Goods in Transit insurance fees, and any Refuelling and miscellaneous charges.
c) The excess amount in respect of each incident resulting in damage to or loss of the vehicle, its accessories or any property left stored or transported in or upon the vehicle.
d) All fines and court costs incurred in relation to the vehicle by the Hirer or the Lessor from the commencement of the rental until the vehicle is returned to the Lessor, except where caused through the fault of the Lessor.
e) Any Value Added Tax, local or other taxes payable in respect of any of the above.
Any default in payment will be registered with a credit reference agency and will affect your credit rating.

6. The hirer shall compensate the Lessor in full on demand for any loss it suffers as a result of any damage, fire or theft to or of the vehicle including loss of revenue to the Lessor for the period during which the vehicle shall remain unavailable for rental by reason or such matters and any claims made by any persons in respect of the vehicle whilst it is in the Hirer’s custody.

7. The Hirer and any driver shall:

a) Ensure compliance with the terms, conditions and limitations of the insurance policy, which shall be deemed to be included in this agreement as if the same were fully set out herein.
b) Inform the Lessor immediately of any loss or damage to or fault developing in the vehicle.
c) At the request and cost of the Lessor permit to be done in their own name all acts and things as may be reasonably required by the Lessor for the purposes of repairing the vehicle or enforcing any rights or remedies or of obtaining relief from other parties in respect of any loss or damage to or in connection with the vehicle or its accessories.
d) Indemnify the Lessor against any loss incurred by reason of any breach of this Agreement by the hirer or any driver.
e) Ensure that maximum payload and individual axle plated weights are not exceeded.
f) Be responsible for loading and unloading of the vehicle.
g) Obtain or maintain any necessary operator’s license.

8. The Hirer and any driver shall not:

a) Without the prior consent of the Lessor incur any liability for repairs to the vehicle in excess of £25.00
b) Be the agent or the servant of the Lessor for any purpose.
c) Make any claim for loss of or damage to any property left stored or transported in or upon the vehicle.

9. Notwithstanding the payment of an excess waiver fee, the Hirer shall be responsible for payment of any excess amount where the loss of or damage to the vehicle or its accessories arises from the negligent or wilful action of the Hirer or any driver.

10. The period of hire as specified overleaf shall not be extended without the Lessor’s express authorisation in writing and in any event the period of this Agreement shall not exceed 90 days.

11. HGV Driving License is required for all vehicles over 7.5 tonnes gross vehicle weight. HGV Driving licenses MUST be accompanied by a current and valid ordinary driving license.

12. If the Hirer does not comply with any of these conditions he shall return the vehicle to the Lessor immediately and pay to the Lessor on demand any loss it suffers in respect of the Hirers non-compliance, failing which the Lessor shall be at liberty to retake possession of the vehicle and all costs and expenses incidental to recovery of the vehicle shall be repaid by the Hirer to the Lessor on demand.

13. Any addition to or alteration of the terms and conditions of this Agreement shall be null and void unless agreed upon in writing by the parties.

14. Nothing in these terms and conditions shall be deemed to exclude or restrict the Lessor’s liability for death or personal injury resulting from negligence or any other liability of the Lessor ‘s which cannot be excluded as a matter of law.

15. This agreement, and any dispute, controversy, proceedings or claim of whatever nature relating to this agreement or its formation, shall be governed by and construed in accordance with English law.

16. The Lessor may at any time pass information about the hirer or the vehicle to the finance company who provide finance to the Lessor in relation to the vehicle (or any member of that finance company’s worldwide group of companies) so that they or their agent(s) can enforce any rights to the vehicle. Personal data may be transferred to the above recipients to countries outside the EEA (including the USA and India).

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