1) The Hirer shall be bound by the following terms and conditions.
2) Hire period no less than 24 hours from Date & Time of collection.
3) Payment is required at our current Tariff:-
(a) by Account customers 1 month form Date of Invoice issued either
(i) weekly or
(ii) date vehicle returned
(b) all other customers, before collecting vehicle.
4) If insurance is required:-
(a) Hirers driver shall be aged no less than 23 years with a clean driving licence and must have 2 years driving experience. No more than 2 minor convictions allowed on drivers licence.
(b) a deposit of £200 must be left to cover part of the Insurance Policy Excess, of which the hirer is liable for in full. Policy Excess = £500.
(c) all terms, conditions & limitations must be adhered to by hirer, a copy of these can be perused at this office.
(d) Hirer must pay Insurance Charges at current Tariff.
(e) any damaged suffered by the vehicle as a result of the wilful action of the Hirer shall be their responsibility.
5) lf Hirer providing own insurance:-
(a) a copy of Hirers Policy or Cover Note should be provided.
(b) vehicle should be covered Fully Comprehensive.
(c) Hirer should ensure conditions of Policy are adhered to and shall procure that any compensation under said Insurance is Paid directly to ourselves.
(d) in the event of a claim, if insurance Company does not make full Settlement, Hirer will be liable for difference.
6) It is the responsibility of the Hirer to check the Oil & Water daily. Punctures, Broken Mirrors & Lenses are also the responsibility of the Hirer.
7) All vehicles over 3500 GVW are subject to Operators Licence regulations & it is the responsibility of the Hirer to comply with these rules according to the Department of Transport.
8) We are not responsible for loss or damage to any property stored or transported in the Hire vehicle.
9) The Vehicle will not:-
(a) be taken outwith Scotland without informing us prior to Hire.
(b) I be used to propel or tow a trailer or other vehicle without our prior consent.
(c) be used for the carriage of passengers for hire or reward or driving tuition.
(d) be used for any unlawful purpose or for racing, pacemaking, competitions or speed testing.
(e) be used in such a manner that it is overloaded or is carrying more goods than it was designed to carry.
(f) be driven in a manner which would render void the Policy or other contract of insurance or in contravention of any Road Traffic legislation or construction and use regulations or by any person not licensed to drive the vehicle or who is under the influence of alcohol or drugs.
10) If the Hirer commits a breach of this agreement we will treat it as terminated & take possession of the vehicle.
11) The Hirer shall be liable as owner of the vehicle in respect of:-
(a) any fixed Penalty offence committed in respect of the vehicle under Part lll of the Road Traffic Offenders Act 1988 of the Road Traffic Act 1991 as amended, replaced or extended by any subsequent legislation or orders.
(b) any excess charge which may be incurred in respect of the vehicle in pursuance of an order under section 45 81 46 of the Road Traffic Regulations Act 1984 or the Road Traffic Act 1991 as amended, replaced or extended by any subsequent legislation or orders.
(c) any financial Penalty or Charge demanded by any person, corporation .or authority as a result of the vehicle being left or parked in an undesignated area or private land.
12) The Hirer is obliged:-
(a) to return vehicle with same amount of fuel as when it left or pay current Tariff for fuel used or any accessories, tyres or tools damaged or stolen.
(b) where hire is less than 1 week, pay current Tariff for any miles in excess of 250 per day.
(c) return vehicle in a clean & empty state, otherwise time taken to clean vehicle will be charged to hirer.
(d) to safeguard our interest in the event of an accident by obtaining names & address’s of any drivers or witness’s, by securing the vehicle & by informing the Police if appropriate.
(e) ensure vehicle is always locked when unattended.
(f) to inform us immediately if the vehicle suffers any damage or loss, or develops any fault or requires sen/icing & permit us to carry out any essential repairs or servicing.
(g) in the event of the vehicle breaking down, not to abandon the vehicle if repairs or a replacement can be delivered within 24 hours. lf the vehicle is abandoned within this time the hirer will be held liable for labour costs involved in returning the vehicle to our depot.
13) We are obliged:-
(a) to take all reasonable steps to provide Hirer with a well maintained vehicle.
(b) when informed of a breakdown by the Hirer to see that necessary repairs are carried out promptly if possible.
(c) it repairs cannot be carried out promptly, to provide a suitable vehicle or allow Hirer to terminate agreement.
14) Should Leslie Commercials Ltd cease to trade for any reason, any 3rd party (i.e. Finance Company) cannot be held liable to honour any contracts/agreements held with Leslie Commercials Ltd.
15) 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.