1 Interpretation
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
“Commencement Date” the date that the Hirer collects the Van from the Premises.
“FO” means the facility owner, Clear Storage Limited, registered in England and Wales with company number 09944164.
“Hirer” means the person or firm who hires the Van.
“Premises” means FO’s premises at Poplar Way, Rotherwas Industrial Estate, Hereford, HR2 6NY.
“Rental Agreement Summary” means the summary as appended to this agreement.
“Rental Payments” the payments made by or on behalf of the Hirer for hire of the Van as set out in the Rental Agreement Summary.
“Rental Period” the period of hire as set out in clause 3.
“Total Loss” due to the Hirer’s default, the Van is, in FO’s reasonable opinion or the opinion of its insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.
“Van” means the Renault Master Maxi Mover van, or similar substitution or replacement van, and all related accessories, manuals and instructions provided for it, as detailed in the Rental Summary Agreement.
“VAT” value added tax or any equivalent tax chargeable in the UK or elsewhere.
1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.8 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.9 A reference to writing or written includes fax and e-mail.
1.10 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.11 A reference to this agreement or to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.
1.12 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2 Van hire
2.1 The FO shall hire the Van to the Hirer, subject to the terms of this agreement.
2.2 The FO shall not, other than in the exercise of its rights under this agreement or applicable law, interfere with the Hirer’s quiet possession of the Van.
3 Rental Period
3.1 The Rental Period starts on the Commencement Date and shall continue for the period of hire stated in the Rental Agreement Summary unless this agreement is terminated earlier in accordance with its terms.
3.2 The FO may agree to extend the Rental Period orally or in writing.
4 Rental Payments
4.1 The Hirer shall pay the Rental Payments to the FO in accordance with the Rental Agreement Summary. The Rental Payments shall be paid in GBP (£) and shall be made by debit / credit card or cash.
4.2 The Rental Payments are exclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by the Hirer at the rate and in the manner from time to time prescribed by law.
4.3 We reserve the right to hold your debit / credit card details subject to any damage caused to the Van during the Rental Period.
4.4 The Hirer will pay the following additional costs to the FO on demand:
4.4.1 all fines and court costs for parking, bus lane, fines and road tolls, for all highway infractions or other vehicle-related offences assessed against the Van until the Van is returned to the FO, unless caused through FO’s own fault;
4.4.2 a reasonable collection fee for costs of abandonment if the Van is not returned to the Premises; and
4.4.3 a reasonable cleaning fee if the Hirer fails to return the Van in a good condition and such charge shall be the additional cost reasonably incurred as a result of such failure; and
4.4.4 any applicable fuel charges if the Van is returned with less than a full tank of fuel.
4.5 All amounts due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.6 If the Hirer fails to make any payment due to the FO under this agreement by the due date, then, without limiting the FO’s remedies under clause 11 (Termination), the Hirer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
5 Collection of the Van
5.1 Collection of the Van shall be made by the Hirer at the Premises. The FO shall use all reasonable endeavours to prepare the Van for collection by the date and time agreed between the parties. Risk shall transfer in accordance with clause 6 (Title, risk and insurance) of this agreement.
5.2 Collection of the Van shall constitute conclusive evidence that the Hirer has examined the Van and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by the FO, the Hirer shall sign a receipt confirming such acceptance.
6 Title, risk and insurance
6.1 The Van shall at all times remain the property of the FO, and the Hirer shall have no right, title or interest in or to the Van (save for the right to use the Van subject to the terms and conditions of this agreement).
6.2 The risk of loss, theft, damage or destruction of the Van shall pass to the Hirer on collection, pursuant to clause 5 above. The Van shall remain at the sole risk of the Hirer during the Rental Period and any further term during which the Van is in the possession, custody or control of the Hirer until such time as the Van is redelivered to the FO at the Premises.
6.3 The Hirer shall give immediate notice to the FO in the event of any loss, accident or damage to the Van arising out of or in connection with the Hirer’s possession or use of the Van.
6.4 The FO shall not, in any circumstance, be responsible nor liable for any damage whatsoever to the Hirer’s personal possessions. The Hirer is strongly encouraged to obtain its own contents insurance.
6.5 In the event of a claim, you agree that the FO or its insurers may handle the third party claim on your behalf through its motor fleet insurance policy, and that it will have the sole right to settle any claim as the FO or its insurers may decide is necessary, and the Hirer may assign any rights available to it under its insurance policy to the FO, which includes allowing the FO to make a claim under any policy in your name.
6.6 The Hirer agrees to fully cooperate with any claim that the FO or its insurer may make. If the FO’s insurance does not cover any third party damages, the Hirer will have to repay on demand all costs incurred by the FO or its insurers in settling and handling the claim.
7 Use of the Van
7.1 The Van must not be used:
7.1.1 by anyone other than the driver named on the Rental Agreement Summary;
7.1.2 by anyone under the age of 25 or over the age of 75;
7.1.3 by anyone without a full valid driving licence for the category, class or use of the Vehicle, and such licence must have been held for at least 2 years or more;
7.1.4 by anyone who has had their licence suspended for any period within the last three years;
7.1.5 by anyone who has been involved in more than one fault incident within the last three years;
7.1.6 by anyone who has more than two road convictions with a maximum of 3 points per conviction;
7.1.7 by anyone who has obtained a BA, DD or UT conviction;
7.1.8 for any illegal, wilful or deliberate purpose causing injury, loss or damage to any property or person;
7.1.9 while under the influence of alcohol or drugs;
7.1.10 outside of the United Kingdom, unless we give you written permission;
7.1.11 overloaded with more passengers than seatbelts or to transport children without the legally required car seats;
7.1.12 other than on a public highway, private road or driveway;
7.1.13 to transport dangerous or noxious substances;
7.1.14 in a reckless manner; or
7.1.15 in any unlawful way or for any unlawful purpose.
7.2 The Hirer shall comply with and pass all relevant identity checks including, but not limited to, disclosing copies of its driving licence, two utility bills dated within three months of the Hire of the Van.
8 Hirer’s responsibilities
8.1 The Hirer shall during the term of this agreement:
8.1.1 ensure that the Van is used only for the purposes for which it is designed, and operated in a proper manner in accordance with any instructions from FO;
8.1.2 look after the Van, the keys or any other device which unlocks, and/or enables the Van to be started. The Hirer must always lock the Van and secure all of its parts when it is left unattended;
8.1.3 inspect the Van prior to taking possession of it and accept the Van as provided to it in accordance with the Rental Agreement Summary;
8.1.4 stop using the Van as soon as possible and contact FO as soon as it becomes aware of a fault with the Van. In particular, the Hirer must take into account any warning lights that may appear on the dashboard of the Van;
8.1.5 make no alterations or additions to the Van and shall not remove any existing component(s) from the Van;
8.1.6 permit the FO or its duly authorised representative to inspect the Van at all reasonable times and for such purpose to enter upon any premises at which the Van may be located, and shall grant reasonable access and facilities for such inspection;
8.1.7 not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the FO in the Van;
8.1.8 deliver up the Van at the end of the Rental Period or on earlier termination of this agreement at such address as the FO requires; and
8.1.9 not do or permit to be done anything which could invalidate the insurances referred to in clause 6 (Title, risk and insurance).
8.2 The Hirer must check that it has not left any personal belongings in the Van before the Van is returned. To the extent that any personal belongings are left in the Van, FO accept no responsibility in respect of any loss of or damage to such belongings and the Hirer agrees to hold FO harmless in any such event.
8.3 Unless agreed otherwise, the Hirer must return the Van back to the Premises by the date and time shown on the Rental Agreement Summary and in a good condition. FO will check the condition of the Van. When returning the Van to the FO’s premises during business hours, the Hirer will remain responsible for the Van and its condition until it is inspected by FO on return. If FO has agreed that the Hirer may return the Van outside of business hours, the Hirer will remain responsible for the Van and its condition until it is inspected by FO on the next business day. If the Hirer chooses to leave the Van with a third party it will remain responsible for the Van and its condition until it is re-inspected by FO.
8.4 The Hirer acknowledges that the FO shall not be responsible for any loss of or damage to the Van arising out of or in connection with any negligence, misuse, mishandling of the Van or otherwise caused by the Hirer or its officers, employees, agents and contractors, and the Hirer undertakes to indemnify the FO on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by the Hirer to comply with the terms of this agreement.
9 Warranty
9.1 The FO warrants that, so far as it is aware, the Van will substantially conform to its specification (as made available by the FO), be of satisfactory quality and be fit for any purpose held out by the FO.
9.2 Insofar as the Van comprises or contains equipment or components which were not manufactured or produced by the FO, the Hirer shall be entitled only to such warranty or other benefit as the FO has received from the manufacturer.
10 Liability
10.1 The restrictions on liability in this clause 10 apply to every liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Subject to clause 10.3, the FO’s total liability to the Hirer shall not exceed the total amount paid or payable to the FO under this agreement.
10.3 Nothing in this agreement limits any liability which cannot legally be limited including but not limited to liability for:
10.3.1 death or personal injury caused by negligence; and
10.3.2 fraud or fraudulent misrepresentation; and
10.3.3 breach of the terms implied by section 8 of the Supply of Goods (Implied Terms) Act 1973.
10.4 This agreement sets forth the full extent of the FO’s obligations and liabilities in respect of the hiring of the Van to the Hirer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the FO except as specifically stated in this agreement. Any condition, warranty or other term concerning the hiring of the Van which might otherwise be implied into or incorporated within this agreement, whether by statute, common law or otherwise, is expressly excluded (so far as is permissible at law).
10.5 Subject to clause 10.3, the FO shall under no circumstances whatsoever be liable to the Hirer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss (except when the Hirer is a consumer) arising under or in connection with this agreement.
10.6 Extended rights for consumers. The Consumer Rights Act 2015 says:
10.6.1 if the product received is a service, the customer can ask FO to repeat or fix a service if it’s not carried out with reasonable care and skill, or receive a partial refund if FO cannot fix it;
10.6.2 if a price for the services has not been agreed beforehand, the amount charged to the customer must be reasonable;
10.6.3 if FO has not agreed a time beforehand, the hiring services must be carried out within a reasonable time.
10.7 This clause 10 shall survive termination of the agreement.
11 Termination
11.1 Without affecting any other right or remedy available to it, the FO may terminate this agreement with immediate effect if the Hirer commits a material breach of any term of this agreement.
11.2 This agreement shall automatically terminate if a Total Loss occurs in relation to the Van.
12 Consequences of termination
12.1 Upon termination of this agreement, however caused:
12.1.1 the FO’s consent to the Hirer’s use of the Van shall terminate and the FO may, without notice and at the Hirer’s expense, retake possession of the Van and for this purpose may enter any premises at which the Van is located; and
12.1.2 without prejudice to any other rights or remedies of the Hirer, the Hirer shall pay to the FO on demand:
12.1.2.1 all Rental Payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 4.6; and
12.1.2.2 any costs and expenses incurred by the FO in recovering the Van and/or in collecting any sums due under this agreement.
12.2 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
13 Force majeure
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, including (but not limited to) fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic (including, but not limited to, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which causes COVID-19, and in each case, any effects arising from or in connection with the same including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body)) or other natural disaster, strikes or industrial action by third parties, terrorist attack or threat of such attack, war (whether declared or not) or warlike operations, civil commotion, riot, invasion or failure of public or private power, sewerage or telecommunications conducting media or hardware or software. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 12 weeks or more, the party not affected may terminate this agreement by giving 1 day’s written notice to the affected party.
14 Entire agreement
14.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2 Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
15 Variation
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
16 No partnership or agency
16.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
16.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
17 Third party rights
17.1 Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
18 Notices
18.1.1 Notices to be given by the FO or the Hirer must be in writing and must either be delivered by hand or sent by pre-paid post. The FO may also give notice to the Hirer by SMS or email if the Hirer has elected to receive correspondence this way. Notices shall be deemed received at the time of delivery by hand, one hour after sending by email or SMS or 48 hours after posting. Notices from the FO to the Hirer will be sent to the address on the cover sheet or the most recent address in England notified to the FO.
18.2 In the event of not being able to contact the Hirer at the last notified address or other contact including SMS or email, notice is deemed to have been given to the Hirer if the FO serves that notice on an alternative contact and authorized person (ACP) specified by the Hirer at the last notified address or other contact including SMS or email of the ACP. Any notice from the Hirer must be sent to the FO at the address specified.
19 Waiver
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
20 Rights and remedies
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
21 Severance
21.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
21.2 If any provision or part-provision of this agreement is deemed deleted under clause 21.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
22 Governing law and Jurisdiction
This shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales.