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RENTAL TERMS AND CONDITIONS (TC1.4)
Appendix I
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DEFINITIONS
1.1 The Company – Autohorn Fleet Services Limited, of ALFIE’s Barn, Whitehall Grange, Wigginton Road, York, YO32 2RJ
1.2 Hirer – You, the person named on page 1 as the “Hirer”
1.3 Actual Mileage – the mileage recorded upon collection and return of the vehicle
1.4 Basic Maintenance – costs incurred by the Company for reasonable wear and tear of the vehicle or a mechanical fault covered by the manufacturer’s warranty.
1.5 Excess Mileage Penalty – Any excess mileage incurred will be charged as per the table shown on page 1 of the Master Hire Agreement. Excess mileage charges do not include other costs incurred by going over the agreed mileage such as tyres, servicing etc. All mileage allowances and charges are pro-rated daily.
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CONTRACT CONDITIONS
2.1 A set list of cars will be made accessible to the Hirer. The Company reserves the right to change the list at any time.
2.2 An Excess Mileage Penalty will be incurred should the Actual Mileage exceed the pro-rated agreed mileage limit shown on page 1.
2.3 Fuel charges will be incurred should the vehicle be returned with less fuel than as marked on the vehicle condition report and will be charged at a premium of £2.00 + VAT per litre.
2.4 Payment is taken in advance every 28 days from the Agreement Start Date. After the initial 28-day period has elapsed, any unused vehicle rental days will be credited to The Hirer’s account.
2.5 The Company and The Hirer have, after 28 days, the option to terminate the contract agreement at any time by giving 24 hours notice.
2.6 At the end of the hire period the vehicle must be returned by the Hirer to the address of the Company above. The Company can organise collection from the Hirer’s address at a cost or 89 pence +VAT per mile and with prior notice.
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HIRER’S OBLIGATIONS AND RESPONSIBILITIES
3.1 Insurance
3.1.1 Fully comprehensive insurance must be provided by the Hirer or the Company (as declared on page 1 of the agreement) at all times during the contract term.
3.1.2 The Company accepts no responsibility for loss/damage caused by an uninsured driver.
3.1.3 A copy of the Hirer’s Insurance Certificate, once fully checked, must be lodged with the Company for audit purposes.
3.1.4 Any changes to insurance cover must be notified to the Company within 24 hours of the change.
3.1.5 In the event of a claim, the policy excess will be the responsibility of the Hirer.
3.1.6 In the event of an accident, the Company will undertake repairs and will forward the invoice to the Hirer. Payment from the insurers will be accepted; however, ultimate liability is with the Hirer.
3.2 Standard services provided
3.2.1 If a mechanical repair, covered by the manufacturer’s warranty is required during the contract term, the Company must be informed immediately.
3.2.2 If the Company is not informed of any necessary repairs, and costs are then incurred against the vehicle, these costs would be charged to the Hirer.
3.3 Accidental loss/Damage to the vehicle
3.3.1 The Hirer is responsible for loss or damage to the vehicle from the date of delivery until the date of return, even if it is not the Hirer’s fault. The Hirer must notify the Company immediately of any accident or incident. Repairs will be organised by the Company, but the costs will be for the account of the Hirer. The rental charges will be chargeable during the repair period.
3.3.2 Vehicle Write-Off – If the vehicle is considered a total loss/written off, the Hirer will pay the Company the full market value of the vehicle, less any amount we obtain for the salvage, upon production of an invoice. All Company invoices are payable within 30 days unless otherwise stated.
3.3.3 Vehicle Theft – During the period of theft, the Hirer will continue to pay contract rates until the theft is deemed to be either a write-off, where clause 3.3.2 would come into effect, or the vehicle is repossessed, where the vehicle will be repaired as per clause 3.3.1
3.3.4 Replacement Keys – Chargeable to the Hirer.
3.3.5 Windscreen – Repair/Replacement is the responsibility of the Hirer.
(See Appendix II)
3.3.6 Tyres – Together with other mechanical parts damaged through negligence of the Hirer (e.g. curbing of tyres) will be the Hirer’s responsibility. Replacements should be made on a like-for-like basis only.
3.3.7 Cost of repairs invoiced to Hirer if subject to any of the following:
- Exterior – Considered to be in excess of standard ‘Fair Wear and Tear’ condition. (See Appendix II)
- Interior – Considered to be in excess of standard ‘Fair Wear and Tear’ condition. (See Appendix II)
- Equipment – Replacement of any missing original parts.
- Mechanical – Due to driver neglect/abuse
3.3.8 Personal belongings left in the vehicle remain the responsibility of the Hirer at all times.
3.4 Use of vehicle
The Hirer shall:
3.4.1 Not use the vehicle as a taxi or hire car, nor use for racing or rallying purposes.
3.4.2 Not use the vehicle for driver training, nor let the vehicle be driven by any person who does not hold a current UK driving licence (not provisional).
3.4.3 Not fit accessories to the vehicle. If an accessory is deemed an important requirement, written permission from the Company is required.
3.4.4 Not alter the specifications of the vehicle, or alter the appearance of the vehicle in any way. This includes the replacement of any accessories or non-standard parts, and the application of logos.
3.4.5 Ensure that manufacturers’ recommendations are adhered to in respect of oil, coolant, anti-freeze levels and tyre pressure.
3.4.6 Upon request of the Company, allow inspection of the vehicle.
3.4.7 Ensure that any driver conforms to all legal requirements, and any insurance requirements.
3.4.8 Ensure the vehicle is kept locked when not in use, and any alarm switched on. Any security measures that are available should be taken (e.g. removal of radio).
3.4.9 Keep the vehicle in its possession.
3.5 Use of Vehicle outside the UK
3.5.1 If the vehicle is to be used outside of the UK, written permission must be sought and received from the Company. The maximum period a vehicle can be taken overseas is 28 days. During this time, adequate breakdown cover must be provided by the Hirer which must be AA 5 Star Assist or equivalent. The Hirer’s Insurance Policy must cover overseas use and documentation is to be supplied to The Company before travel. All local legislation relating to the use of the vehicle must be adhered to.
3.5.2 Regardless of fault, it is the Hirer’s responsibility to ensure the vehicle is returned to the UK in the event of a breakdown, accident or any other reason we require its return.
3.6 Parking fines and driving offences
3.6.1 The Hirer is responsible for all fines, penalties, toll charges, congestion charges and other such items incurred whilst the vehicle is held under this agreement. Any such charges referred to the Company will be charged as a separate item, through the Company’s offences department. A charge, currently £27+VAT, will be added to cover the administration costs of this.
3.7 Taxation matters
3.7.1 It is the Hirer’s responsibility to take appropriate professional advice and ensure correct compliance for all taxation matters as it affects the Hirer or the Hirer’s company/business entity in respect of this agreement.
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THE COMPANY’S OBLIGATIONS AND RESPONSIBILITIES DURING CONTRACT
The Company shall provide the following:
4.1 Fully valeted vehicle.
4.2 Full Road Fund Licence for all vehicles.
4.3 Roadside Assist in the UK.
4.4 Basic Maintenance.
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OWNERSHIP OF THE VEHICLE
5.1 The Hirer cannot jeopardise the ownership of the vehicle at any time. This includes renting, leasing, sub-leasing, mortgaging, selling or any other form of ownership transfer.
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CONTRACT CONCLUSION
6.1 Upon return of the vehicle, a report will be completed on the condition of the vehicle. This report will be completed in the presence of the Hirer. The vehicle assessment conducted does not cover the Hirer for underbody damage. The Hirer accepts that a separate underbody inspection will be conducted upon return and any repairs necessary will be the responsibility of the Hirer.
6.2 If the vehicle requires repairs after being returned, the Hirer indemnifies the Company against all losses and costs incurred as a result.
6.3 The vehicle must be replaced when requested by the Company. If the vehicle is not made available for replacement, penalty charges will be incurred.
6.4 Upon conclusion of the contract the Company will return any Refundable Deposit applicable as stated on page 1 of this agreement. Any outstanding balance owed by the Hirer will be deducted from this amount before return.
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INVOICING AND PAYMENT
7.1 The Hirer may choose any vehicle shown on the Flexed.co.uk website. The rates shown on the website will be charged based on the vehicle selected. These rates will form part of this agreement.
7.2 Payments are to be made in advance, and it is up to Hirer to make sure their account is always one payment in advance plus any agreed deposit amounts. Please see Appendix IV for our policy on failed and late payments.
7.3 During the contract term, the agreed rental will be charged. All charges will be exclusive of VAT, which will be charged as a legal requirement.
7.4 Interest may be levied on overdue payments on a daily basis starting from the day the payment was due and finishing upon actual payment. Interest will apply both before and after any court judgment.
7.5 The Hirer must complete an Application Form (which can be found at this link: [INSERT LINK]), and abide at all times with the terms and conditions associated with that Application.
7.6 If the vehicle is stolen, and not returned within 4 weeks, the Hirer will be invoiced for the fully written down value of the vehicle, at which time the vehicle becomes the legal property of the Hirer/Insurance Company (subject to the Company having first acquired ownership itself from the supplier of the vehicle as only then can it pass ownership on).
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CONTRACT TERMINATION
8.1 The Company can terminate the agreement if:
8.1.1 The Hirer becomes insolvent or bankrupt.
8.1.2 The Hirer fails to pay on time any payment due under the agreement, or commits a breach of this agreement which is incapable of being remedied.
8.1.3 If the Hirer breaches any other term of the agreement and fails to remedy the breach within 14 days of notification of that breach.
8.1.4 The Hirer acts in breach of the terms and conditions associated with the credit application.
8.2 In a situation where the vehicle is written off, or deemed written off as a result of theft, reimbursement to the Company will be made to the written down value of the vehicle on the Company books and the agreement terminated.
8.3 If the agreement is terminated, the Hirer must return the vehicle within two days of our request. If the Hirer fails to do so, the Company may enter the Hirer’s premises to repossess the vehicle, and will charge the Hirer for the collection. A reasonable penalty will also be charged.
8.4 Termination will not affect rights which arose before the termination. Any clause intended to have effect after termination will continue in force.
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ARBITRATION
If there is a dispute with this agreement, the details shall be passed to both parties’ executives for settlement. If settlement is not reached within 14 days, the matter shall go to arbitration. The BVRLA will appoint an arbitrator in accordance with the Arbitration Acts 1950-1996. The decision of the arbitrator is final.
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PUBLICITY
The relationship between the Hirer and the Company shall not be announced or advertised without the written consent of both parties, and is dependent on the content of the advertisement.
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FORCE MAJEURE
In the event of either party being unable to fulfil any obligation of this agreement due to a cause beyond its reasonable control, including (but not limited to) strikes, fire, flood, subsidence, epidemic/pandemic, terrorism and war, that party will not be liable.
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NOTICES
Official notices and correspondence in connection with this agreement shall be addressed to each party’s respective registered office mentioned herein above or to such other address as the party has designated to receive such notices. Notices are deemed given: on the date on which they are delivered, whether personally or by expedited delivery service; 24 hours after transmission by email; or four days after mailing.
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VARIATIONS AND ENTIRE AGREEMENT
This agreement together with its Appendices constitutes the entire Agreement and supersedes prior discussions, negotiations, proposals, understandings or representations.
No modification of this agreement shall be binding on either party unless made in writing and signed by an authorised representative of each party.
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CONTRACT CHARGES
Vehicles attaining to this Agreement, and charges, are as given on the price list at this link: [INSERT LINK].
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LIMITATION OF OUR LIABILITY
Where you are hiring the vehicle wholly or predominantly for the purposes of your business, (a) we exclude from the agreement any implied terms about the quality or fitness for purpose of the vehicle, (b) we will not be liable for any indirect loss, or for loss of profit, however caused, and (c) our total cap on liability will be the charges paid or payable by you. We do not, however, limit our liability for death or personal injury caused by our negligence, or any other liability it is not legal for us to limit.
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WAIVERS
No failure or delay by the Company to exercise any right, power or remedy in this Agreement will operate as a waiver of it, nor will any partial exercise prevent any further exercise of that right, power or remedy or some other right, power or remedy.
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FINANCIAL INFORMATION
The Hirer will provide such reasonable accounting and other information which the Company may require in order to carry out credit and business checks and to comply with anti-money laundering and other obligations. The information will be used in accordance with the Privacy Policy available at flexed.co.uk.
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ASSIGNMENT
Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by the Hirer without the prior written consent of the Company. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
The Company may assign this Agreement, or any of its rights or obligations under it, to another entity without the Hirer’s consent, but will notify the Hirer of the assignment.
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CONTRACT INTERPRETATION
Any obligation upon the Hirer not to do something under this agreement is also an obligation not to allow the thing to be done. Words after ‘including’, ‘such as’ and similar expressions are not to limit the meaning of the words following them. If any words are deemed illegal they shall be deemed deleted from the agreement, and the rest of the agreement shall remain in force.
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LAW AND JURISDICTION
The Agreement shall be considered as an Agreement made in England and Wales and as such the Courts of England and Wales shall have exclusive jurisdiction over all disputes which may arise between the parties whether under the Agreement or otherwise and further shall be interpreted in accordance with the law of England and Wales.
Appendix II
Acceptable Condition of Vehicle upon Return
VEHICLE INSPECTION
The purpose of the inspection is to ensure that the vehicle meets the required standards of return, as specified in this document. Cars must be presented in a clean condition internally and externally.
ACCIDENT DAMAGE NOTIFICATION
All accident-damaged vehicles must be repaired by an approved Autohorn Fleet Services Limited repairer.
MINIMUM RETURN STANDARDS
The following standards assume that vehicles are complete, structurally sound, all mechanical and electrical components are in working order and that the vehicles comply with all current construction and use legislation.
BODY & PAINT
Acceptable
- Minor body dents, typically those caused by door-to-door contact, provided that:-
- Less than 25mm (1”) in diameter – maximum 1 dent per panel to a maximum of 3 per vehicle.
- Access to Cold Dent Repair / Smart Repair
- Not caused paint to crack or flake
- Light surface scratches not through the top coat which will be removed by polishing/touch up.
- Stone chips up to 2mm, if not rusty, to a maximum of 5 per panel.
- Touch in repairs to a standard that matches the existing colour of the vehicle.
- Previous repairs to an acceptable standard.
Not Acceptable
- Paint and body work carried out by a repairer not approved by Autohorn Fleet Services Limited.
- Dents on swage lines, folded edges and insufficient access to cold dent repair.
- Previous body repairs and paint rectification will be rejected if evidence of poor colour match, ripples, preparation marks, visible overspray, masking lines or excessive dirt in paint, dents on panels 25mm (1inch), or greater in diameter.
- All paint chips greater than 2mm. All paint chips over 5 per panel.
- Industrial/chemical fall out or other forms of contamination such as bird lime.
- Scratches that penetrate the top coat, and will not easily polish out.
- Body panel misalignment.
- Underbody damage affecting the structural integrity of vehicle or warranty.
- Damaged aerials.
BUMPERS AND BODY MOULDINGS
Acceptable
- Scuff marks up to 75mm (3 inches) which do not break the paint or adversely affect the overall appearance of the vehicle.
Not Acceptable
- Discoloured, loose, cracked, distorted, gouged or split bumpers and mouldings that require replacement, plastic welding or painting.
- Dented bumpers and/or any dents penetrating through to the base material – where painted.
- Repairs not conforming to original finish and specification.
TYRES AND WHEELS
Acceptable
- Vehicle must have matching tyres of the same brand, size, type and wheels on each axle (on both axles for four wheel drive vehicles). Replacement tyres must be of the same quality as the originals and of a known reputable brand.
- Scuffed sidewalls which can be cleaned.
- Light scuffs to wheel trims.
- All vehicles must be returned complete with spare wheel, which must be of matching type and quality as the others or, space saver spare wheel if provided with vehicle.
Not Acceptable
- Tyres showing uneven wear indicating steering damage, ie tyre tread feathering.
- Remoulds and other sub-standard tyres.
- Any gouge or crack, cut, torn, plugged tyre side wall.
- Less than 3mm tread depth remaining across the centre 75% of the tyre width on all tyres including the spare.
- Cracked or distorted wheel trims.
- Damage to alloy wheels.
GLASS
Acceptable
- A maximum of 2 chips per windscreen, of less than 3mm providing they do not obscure the drivers line of vision.
- Windscreen ‘smart’ repairs must comply with current M.O.T. legislation.
- Lenses with minor chips which do not detract from the overall appearance of the vehicle or affect the efficiency of the lamp.
Not Acceptable
- Scratches and cracks in glass or stone chips with signs of cracking.
- Chips greater than 3mm.
- Incompatible window etchings.
- Lenses with chips and cracks.
THE INTERIOR
The interior must be in good standard condition, commensurate with the age and mileage of the vehicle.
Acceptable
- Normal wear and tear to carpets, trim, upholstery etc.
- Seat cover/trim repairs to a high standard.
- High quality texture repairs or colour matching plugs resulting from the removal of telephone/accessory equipment.
Not Acceptable
- Burns to trim, seat covers, headlining and floor coverings.
- Stains or discoloration of a permanent nature. All other stains must be removed.
- Tears, cuts, rips and holes through seat covers, headlining and floor coverings.
- All broken or damaged interior mouldings, panels and components.
- Holes resulting from the removal of telephone/accessory equipment.
- Excessive cigarette smoke or pet odour.
Additional Items
Spare keys, transmitters and codes, alarm system, locking wheel nuts, handbook, service books must be complete and left in the vehicle. If such items are missing at defleet the vehicle will be rejected.
IN-CAR AUDIO EQUIPMENT
All vehicles should be returned with in car audio equipment. Should it be necessary to replace a unit through breakage or theft then it should be of the same quality and specification as the original.
SPURIOUS PARTS AND SUBSTITUTED ITEMS
Wherever replacement parts have been necessary, genuine parts should have been used.
SERVICE DETAILS
All vehicles must be serviced, in accordance with manufacturer’s instructions, by an approved centre.
VEHICLE OPTIONS AND ACCESSORIES
All vehicle options and accessories supplied with the vehicle must be on board and working correctly. If such items are missing or not working at defleet, the vehicle will be rejected.
Appendix III
Procedure for reporting Accident / Incident / Theft
- If your vehicle has been stolen notify the Police immediately. (Remember the crime number given to you by the police)
- Report all accidents/incidents/thefts ASAP to Autohorn Fleet Services Limited.
- An accident/incident report form will be sent to you by the Accident Management Department.
- Autohorn Fleet Services Limited at their discretion will arrange the repair.
- Authorisation to proceed with repairs will be given to the Accident Repair Centre by Autohorn Fleet Services Limited.
- The vehicle will be repaired as soon as possible by our Accident Repair Centre, who will arrange with yourself the return of the vehicle.
- If the vehicle is deemed a write-off, you will be invoiced for the full market value of the vehicle, less the value obtained for the salvage. Autohorn Fleet Services Limited retains all rights to the vehicle
- If your stolen vehicle is returned you must notify Autohorn Fleet Services Limited immediately and they will arrange to have the vehicle checked / inspected for safety reasons and repair any damage.
- If the vehicle has already been paid for, it will now be the property of the Hirer/Insurance Company.
If at any time you wish to hire a replacement vehicle for the period of repairs, one can be hired to you on a standard short-term hire agreement from one of our many national locations.
If your vehicle breaks down
- Contact the vehicle’s Roadside Assist provided on your unique key tag
- The Roadside Assist contact Tel No can be found either on the back of the Road Tax disc or Key Tag
- If Roadside Assist cannot repair the vehicle, they will tow the vehicle and take you to the nearest retail repair centre.
- Authorisation will have to be given to the repair centre for them to carry out repairs.
- Once the repairs have taken place, the vehicle will be returned to you.
- If the vehicle breaks down due to neglect or abuse from the driver, the costs of the repair will be forwarded to you
Appendix IV
Procedure for late or missed payments and vehicle recovery
Please note it is your responsibility, as the Hirer, to ensure we have the correct, up to date bank / card details and that your payment goes through on time and that we have your correct contact details on file.
- Following a failed payment either by direct debit or credit / debit card, a £25 + VAT charge will be levied to your account.
- We will then contact you within the next working day to arrange payment which must be by same day bank transfer, credit/debit card or cash.
- If you cannot make payment in full by the above method or we cannot contact you we will make immediate arrangements to repossess the vehicle which will incur extra charges.
- If we cannot make contact with you and/or you fail to make contact with us we will report the vehicle as stolen to the police.
If you think that you will be having issues in paying for you vehicle hire please contact our finance department on 01904 557 526 or via email at finance@autohorn.co.uk PRIOR to your payment failing.