Statement Of Liability
I, the undersigned (herein described as the Hirer or the authorised agent of the Hirer) agree to Hire from “the company” mentioned above the motor vehicle on this form (hereinafter called “the vehicle” which expression shall include all tyres, accessories, tools and other items with which it is equipped) for the period set out hereon. I have read the terms and conditions and particulars set out and I agree that the said terms and conditions and particulars set out on this form shall constitute a binding agreement between the owner and me. I/We hereby warrant the statements and particulars are true and that the vehicle will not be used for conveying passengers for hire or reward nor for conveying more than the number of passengers permitted. I acknowledge that during the currency of this rental agreement and any extension thereof I shall be liable as the hirer of the vehicle and any other vehicle let to me hereunder in respect of;
a) Any fixed penalty offence committed in respect of that vehicle under part III of the Transport Act 1982;
b) Any excess parking charge which may be incurred in respect of that vehicle in pursuance of an order under Sections 45 and 46 under the Road Traffic Regulation Act 1984. I warrant that I am authorised to sign this agreement on behalf of all Hirers hereunder. I authorise Hexagon Leasing Ltd, irrevocably, to debit all charges arising under this Agreement either to the credit card account detailed hereon or to the account of the company named above. I confirm that all charges will be paid immediately and without offset or deduction and that no refunds are due in the event I wish to terminate the rental prior to the due back date above. The owner will provide a substitute vehicle in the event of a breakdown (A substitute vehicle will be provided within a Twenty-Four hour window excluding Saturday and Sunday) The owner cannot guarantee that the substitute vehicle will be of the same model or manufacturer as that it replaced.
Insurance & Damage: The Hirer will ensure that the vehicle / vehicles are fully covered under their insurance provision for the term of this agreement. All damage is the responsibility of the hirer and will be repaired by the owner at the hirer’s expense, and as soon as possible. If a vehicle is unusable due to damage, the said vehicle will remain on rent until such times as it is repaired and returned back into service. The hirer agrees that, in line with Government regulations, the vehicle is declared to the Motor Insurance Database (the MID) as being on the hirer’s insurance policy. This must be done immediately and Hexagon Leasing must receive conformation within 7 days. The hirer will also notify the MID immediately upon dehire of the vehicle and confirm to Hexagon Leasing.
Servicing: The owner will maintain/service said vehicle / vehicles unless stated otherwise. The maintenance/service provision is based on a six week period, or in line with the hirer’s ‘O’ licence if advised. As hirer of the vehicle, I agree and accept that, as a minimum, the following daily checks are to be carried out on the vehicle, in accordance with government regulations, to ensure it is safe for usage on public roads. · Maintain Wheel nut Security and Torque setting · Check and maintain tyre pressures · Check tyre tread depths and condition · Check operation of lighting equipment · Maintain all fluid levels · Report immediately to HEXAGON any accidents or abnormal running conditions.
Livery/Decals: The Hirer will be responsible for the cost of any Livery/Decals fitted to the vehicle. Upon completion of this agreement the vehicle will be returned in the same colour, and with the same livery and accessories fitted, as when it was released to The Hirer. In the event of failure to remove any signs of livery/decals, or accessories, by The Hirer, the work carried out to return the vehicle to its outbound condition will be re-chargeable to The Hirer.
Fixed Penalty Notices All fixed penalty notices will attract an administration charge of £15.00 per notification.
Collection And Delivery The Collection and Delivery of vehicles for both rental and maintenance/service work will be the responsibility of the hirer.
Declaration I agree that if the vehicle is detained by V.O.S.A for illegal use that I will be responsible for any charges incurred in restoring the vehicle, and any loss of income incurred.
The Hirer has full usage of vehicle/vehicles stated above, 7 days per week, with usage based on [Yearly Mileage Allowance] kilometres per annum. Excess mileage will be calculated upon expiry of this agreement or upon termination of said vehicle or vehicles should that be sooner. Excess mileage will be charged at 7 pence per kilometre. Immediately upon receipt of the vehicle it is to be recorded on the customers Motor Insurance Database, equally it is to removed again upon de-hire of the vehicle.
The Agreement 1: Hexagon Leasing Limited herein after referred to as “HEXAGON” is hiring and the Hirer is taking on hire the vehicle herein after referred to as “the Goods” for use on the terms and conditions set out overleaf and below. The Hirer is/are the persons shown overleaf and if there are more than one named they shall be jointly and severally liable.
1.1: Headings are for convenience only. The singular shall include the plural and the masculine include the feminine and vice versa.
1.2: This Agreement is for the hiring of the Goods shown overleaf (or any replacement). The Hirer shall not acquire any right to or interest in the Goods or any part of the Goods or any replacement or added component or equipment annexed to the Goods; except the right to use of the Goods in accordance with the terms of this Agreement and only for so long as the duration of this Agreement. How the Hirer chooses to account for it is a matter for the Hirer and their auditors for which HEXAGON accepts no responsibility or liability. If any clause (or part thereof) is not enforceable, the rest of the Agreement will not be affected.
1.3: HEXAGON has not agreed to any terms other than those in this Agreement and is not liable for any matter beyond those contained within this Agreement.
1.4: This Agreement shall start when it is signed by HEXAGON. The hiring will commence on (the Start Date) and continue, unless terminated (the Return Date) in accordance with the terms of this Agreement.
1.5: The Hirer authorises HEXAGON to amend or insert the details of the Start Date and the serial numbers, VIN numbers, registration number or model of the goods which are not known on the day the Hirer signs this Agreement or which change before the Agreement starts.
1.6: By signing this agreement the Hirer agrees that whoever the hirer shall instruct, appoint, contract and/or sub-contract with to collect and return the vehicle to HEXAGON (the Hirers Agent) shall be acting as their Agent and with their full authority to sign this Agreement along with any Schedules, Check Out/In Report to this Agreement. HEXAGONS Check Out/In Report signed by the Hirers Agent and HEXAGONS advise of damage following inspection after the vehicles return shall show and advise any damage and or shortfalls to the vehicles visible condition, These Check Out/In Report signed by the Hirers Agent and HEXAGONS advise of damage are the exclusive instruments of agreement regarding damage and shortfall to the vehicles condition between the vehicles on-hire condition acceptance and it’s condition at vehicles return and as such, the Hirer agrees to pay for such damage and shortfalls signed for by the Hirers agent and or as advised by HEXAGON at the costs advised to the Hirer by HEXAGON.
1.7: If, at any time, HEXAGON makes any concession or allowances for extra time to pay, this will not affect the rights on that or any subsequent occasion; variations to this Agreement must be in writing and signed by an authorised officer of HEXAGON.
1.8: The Hirer acknowledges that they will be treated as having received any communication sent by HEXAGON 48 hours after posting to the Hirer’s usual or last known address.
1.9: The Hirer must not allow any lien, charge or encumbrance to attach to the Goods and indemnifies HEXAGON in respect of any such claim.
1.10: Whenever in this Agreement the Hirer indemnifies HEXAGON, the indemnity extends to all members of HEXAGON and any holding company or subsidiary, relating to HEXAGON of the goods and will apply even after the Agreement has ended. HEXAGON will calculate such indemnity to compensate for the full amount of loss
suffered as a result of each claim (including any expenses and VAT that may be incurred) and/or restore in full the after tax return that HEXAGON anticipated would result from the Agreement.
1.11: HEXAGONS calculations will be conclusive and the Hirer must pay such in full on written demand.
2: The hiring lasts (or earlier if terminated by HEXAGON) until such time as the Goods have been returned to HEXAGON and de-hired.
3: Any advance payment shall be due and payable on or before the date this Agreement is signed by the Hirer. Any advance payment shall be kept by HEXAGON until such times as the Goods or any replacement goods supplied in substitution for the original Goods have been de-hired and the Hirer request the advance payment to be refunded post all hire and other charges have been cleared. The Hirer must pay to HEXAGON any Administration or Documentation fee shown overleaf on the date specified and must pay each Rental and other sums under this Agreement payable including any mileage or usage charge in full including VAT at the rate applicable and on the due dates for payment. All payments by the Hirer must be made within 30 days of the invoice date without deduction, set-off, counterclaim or appropriation. The Hirer agrees that this is a condition (in Scotland an essential condition) of this Agreement. A breach of this condition may be treated by HEXAGON as repudiation. (See clauses 9, 10 and 11)
3.1: Punctual payment of all sums due under this Agreement is of the essence of this Agreement. The Hirer agrees that all payments (other than the Advance Payment) under this Agreement shall be paid by direct debit or BACS to HEXAGON’s bank account or as HEXAGON may otherwise direct and payment made by post and/or cheque are at the Hirer’s risk. If the Hirer chooses, after the Start Date, to make any payments other than by direct debit or BACS, HEXAGON may charge the Hirer £20 for each payment not yet due and payable towards its increased costs. HEXAGON may from time to time vary such charges and will notify the Hirer thereof.
3.2: Any sum not paid by the Hirer on its due date will (unless HEXAGON decides otherwise) accrue late payment interest for each day that it is unpaid from the date the payment was due until receipt of cleared funds is confirmed by HEXAGONS bankers of the late paid amount. The interest rate will be Finance House Base Rate at that time plus 6%. Payment of the late amount and late payment interest will not affect the right of HEXAGON to terminate. (See clause 11.)
3.3: If HEXAGON has a need to apportion rentals it will do so entirely at its own discretion.
3.4: HEXAGON has calculated the rentals payable to give a particular after tax return. The calculation assumes, (amongst other things), that:- a) writing down allowances at the rate in force on the date the Hirer signs this Agreement will be obtained and retained by HEXAGON of the Goods on a reducing balance basis on the whole of the costs incurred until the Goods are sold (such balance to include in the next following accounting period any such costs not included in the accounting period in which the costs were incurred); and b) The Goods will have been used for a qualifying purpose within the qualifying geographical region and all parts of the Goods shall qualify for writing down allowance c) there will be no change in the law of the United Kingdom relating to tax or accounting policy as it is applied to HEXAGON and/or any holding company or subsidiary, relating to HEXAGON, or HEXAGON or the Rentals on the date the Hirer signs this Agreement; and d) On termination or expiry of the hiring of the Goods a sum not less than the tax written down value for the Goods will be received by way of net proceeds of sale. If any of the assumptions proves not to be or ceases to be correct and HEXAGON or HEXAGON’s rate of return from this Agreement is reduced HEXAGON may increase the Rentals by the amount required to preserve such rate of return as if such event (and any such other event which has occurred since the Start Date) had not occurred and the varied Rentals will be payable instead of the Rentals shown overleaf. If the last Rental has already been paid or the hiring of the Goods under this Agreement has come to an end the Hirer will pay to HEXAGON an additional rental and the obligation to pay that rental will be deemed to have arisen before the end of this Agreement. At least seven (7) days’ notice of any adjustments to the Rentals shall be given by HEXAGON to the Hirer and in the absence of manifest error the notice shall be conclusive and binding upon the Hirer.
3.5: The Hirer must not at any time claim capital allowances on the Goods.
3.6: ROAD TRAFFIC ACT 1974:22.1-5 AND SCH 1 See statement of liability
3.7: HEXAGON has calculated the rentals payable based upon a Vehicle Excise Duty current at the time of the Date Out. Should there be any increase in the rate of Vehicle Excise Duty the Hirer will pay to HEXAGON an additional rental to cover such increase
4: The Hirer must advise HEXAGON whether an “O” License is required for the Goods subject to this Agreement or any other Agreement with HEXAGON. The Hirer must confirm if required that such is in place, that all such vehicles are operated in accordance within the authority of an “O” Licence. The Hirer must disclose to HEXAGON the Operator’s License. The Hirer must undertake NOT to use the vehicle(s) subject to this Agreement or any other Agreement with HEXAGON until the Hirer is in receipt of authorisation of the relevant licensing authority and to provide a copy of the Operator’s License to HEXAGON. The Hirer must NOT remove the vehicle(s) from the Operator’s License and must NOT surrender the Operator’s License without the prior written permission of HEXAGON. The Hirer MUST ensure that all requirements of the Operator’s License are met and must forward copies of any call up letter for a Public Enquiry and to forward in writing the outcome of any Public Enquiry together with copies of all related correspondence.
4.1: The Hirer must at its expense comply with all laws of all governments or governmental agencies, obtain and retain throughout the hiring of the Goods all other permissions licenses and permits applicable to the laws and regulations for the locations where the Goods are in any way, affect or are applicable to the use, operation, storage or possession of the Goods and pay all license duties, fees, taxes, fines and other charges that may be required to operate or imposed in respect of or upon the Goods. The Hirer shall not permit any unlawful use or handling of the Goods and shall indemnify and hold HEXAGON harmless from and against any and all fines and penalties that may arise from the violation or infringement of any such laws or regulations.
4.2: The Hirer shall arrange and be responsible for, at its own cost, the delivery, installation and commissioning of the Goods. Any replacement or additional equipment the Hirer fits to the Goods, the risk of loss or damage to the Goods or to anything or any person shall be with the Hirer and title to any replacement or additional equipment shall pass to HEXAGON on the earlier of delivery of the Goods to the Hirer
4.3: The Hirer must inspect and test the Goods on delivery and immediately inform HEXAGON in writing if the Goods are not to specification selected by the Hirer if the Goods are defective or are unsuitable for the purpose for which they were acquired. If the Hirer gives no notice to HEXAGON the Hirer will be deemed to have accepted the Goods and to have acknowledged that they are in good working order fit for the purpose and satisfactory in every way. If required by HEXAGON the Hirer must complete an acceptance certificate.
4.4: The Hirer may only alter or fit additional equipment to the Goods with the prior written permission of HEXAGON or if the law requires that the Goods be altered. Any alteration will be at the Hirer’s expense, any components removed from the Goods shall immediately be replaced by the same component or by one of a like make and model to that removed or the manufacturers recommended improved or advanced version thereof. At the option of HEXAGON the Hirer, at the Hirer’s cost, shall restore the Goods to their original condition and return the Goods to HEXAGON.
4.5: The Hirer must make sure the Goods are safe, correctly used, used only within appropriate licensed authority, used in accordance with all applicable laws and regulations and the manufacturer’s recommendations and must not be used for any purpose for which they are not designed, built or are unsuitable. The Hirer must keep the Goods in good condition and must in adequate time arrange any servicing, maintenance and repairs that may be needed; ensure any replacement parts or equipment fitted of whatsoever nature become the unencumbered property of HEXAGON. The Hirer is responsible, at their own cost, for keeping the Goods in full working order and for arranging that all damage is repaired by the manufacturer’s recognised repairers at the earliest date If HEXAGON through service and maintenance charges deems any work undertaken to be of a rechargeable nature through direct damage or damage caused by incorrect use will re-charge The Hirer and add a 20% administration charge. The Hirer shall not permit the Goods to be used, operated, maintained or stored improperly, carelessly, in violation of this Agreement, in any manner that would result in damage nor in any manner otherwise than contemplated by the manufacturer of the Goods.
4.6: Any damage, loss or injury to anything or any person, until the Goods are returned to HEXAGON, caused to or by the Goods is at the Hirer’s risk and between the Hirer and HEXAGONS liabilities arising or penalties or fines imposed in respect of the Goods or the use of the Goods or the possession of the Goods are the responsibility of the Hirer. The Hirer agrees to indemnify HEXAGON against all and any claims.
4.7: The Hirer must at all times (except to comply with the service and maintenance requirements of the Goods) keep the Goods in their own direct possession and must not sub-let, hire charge, assign, pledge, loan or otherwise dispose of the Goods or any part of them or the Hirer’s rights in this Agreement. For the purposes of this Agreement, the Hirer shall be conclusively presumed to be in possession of the Goods from the moment of delivery until returned and inspected by HEXAGON.
4.8: The Goods may not be used outside of the United Kingdom. The goods may be used only within the European Union and for no longer than 28 consecutive days only with the prior written permission of HEXAGON. Any costs through breakdowns or service work completed outside the UK will be at the full cost of the operator and be charged by HEXAGON to the hirer with a 20% administration charge; unless an agreed schedule and additional European cover pack is taken out.
4.9: The Hirer, at the principal address of the Hirer, must at all times monitor and maintain a record the movements, location and whereabouts of the Goods (whether within the United Kingdom, subject to permission having been granted to use within the European Union). The records and present location must be provided to HEXAGON immediately upon request either verbal or in writing.
4.10: If HEXAGON wants to inspect the Goods, the Hirer must allow HEXAGON access. HEXAGON may at the expense of the Hirer mark the Goods; attach decals, signs, electronic tracking, or any other identification or location means as HEXAGON may so choose. Identification, registration and other marks or tracking equipment must not be removed, obscured, defaced, damaged, obliterated, changed or interfered with and the Hirer is responsible to ensure that no other person is permitted or suffered so to do.
4.11: The Hirer must not hold itself out as HEXAGON of the Goods or do anything that might allow the Goods or the rights of HEXAGON or HEXAGON to be put in jeopardy.
4.12: The Hirer will sign or HEXAGON may sign as agent for the Hirer any document, election form or other declaration for the purpose of any capital or write down allowance. The Hirer agrees to indemnify HEXAGON if such is not valid and/or the transaction gives rise to VAT or duty consequences that HEXAGON did not anticipate.
4.13: Any software or similar license obtained by HEXAGON in respect of the Goods or the use of the Goods shall be extended to the Hirer for a period that must not exceed the duration of the hiring, is non-transferable, non-assignable and non-exclusive and otherwise solely on the terms that HEXAGON applies to such licenses. The Hirer warrants that capital allowances are available to HEXAGON and agrees to indemnify HEXAGON if capital allowances are not obtained or are withdrawn or any third party makes a claim on HEXAGON because of these arrangements.
Insurance and Service
5: If damaged, lost or stolen the Goods will remain on hire to the Hirer at the rate of hire as per the Agreement until return to HEXAGON with the damage rectified at the Hirer’s expense and to the satisfaction of HEXAGON or if lost or stolen settled as per clause 5.5
5.1: The Hirer must at all times until the Goods are returned to HEXAGON (as per sub clause 1.6 above) keep them fully insured, with a reputable insurance company, for their full replacement values under a comprehensive policy without restriction or excess exceeding £250 or such other amount agreed by HEXAGON. HEXAGONS interest in the Goods must be noted on the policy. The Hirer must punctually pay the premiums in respect of such policy and do all such things necessary to keep that policy valid and in force. The Hirer must produce such evidence of insurance as HEXAGON may require from time to time, and in default HEXAGON may (but shall not be obliged to) insure the Goods and the Hirer shall, on demand, reimburse to HEXAGON the cost of such insurance. The Hirer must keep insurance, and will indemnify HEXAGON against any liability from death, injury or damage caused by the use of the Goods. The Hirer acknowledges the Hirer is responsible for extending the Comprehensive Insurance for such further period and that during such period the Hirer’s obligations remain in force.
5.2: Any Insurance or Service selected overleaf is dependent upon information provided by the Hirer. The Hirer has read and accepted the Terms and Conditions, which will form part of this Agreement. The Hirer warrants that the particulars given are true and that no information has been withheld which might influence the acceptance of this Agreement, the provision of Insurance and/or Service. The Hirer understands that this declaration shall form the basis of the contract of this Agreement, and any Insurance and/or Service, which contract is conditional upon the Hirer’s observance of the terms of this Agreement.
5.3: The Hirer is responsible for the cost of repairing all damage (Inc. punctures) to the vehicle (other than fair wear and tear as defined in the separate DEFINITION of FAIR WEAR & TEAR Agreement).
5.4: Any insurance proceeds must be paid to HEXAGON and HEXAGON may apply the same (at its option) after meeting any incidental costs or losses, either in making good the damage done, or towards sums due from the Hirer.
5.5: If the Goods are lost, stolen or otherwise disappear, or if the Goods are damaged to such an extent that they cannot, in the opinion of HEXAGON, economically be restored to good operating order, condition and appearances, the Hirer shall promptly pay to HEXAGON an amount equal to the replacement value of the Goods determined as of the date first missing or damaged. As used throughout this agreement the phrase, “replacement value” shall mean the depreciated value of the Goods as reflected on the books of HEXAGON. Upon receipt by HEXAGON of the Hirer’s payment of the replacement value and for all rental and other rental charges accrued through the date of HEXAGONS receipt of such payments, the Hirer’s obligation to pay rental shall cease and terminate.
Return of Goods
6: Upon the termination of this Agreement, the Hirer, at its expense, shall return the Goods to HEXAGON or such other place as may be designated by HEXAGON. The Goods shall be returned in good and efficient operating order and in the same condition and appearance as when accepted by the Hirer (reasonable wear and tear alone accepted). The rights created for HEXAGON and the obligations assumed by the Hirer under this Agreement shall continue until the Goods have been returned as required hereunder or, if returned in damage or otherwise unsatisfactory condition, you will be charged for loss of use for days the vehicle is under repair, this will be calculated at 1 days hire for every 6 hours of labour. The vehicle must be returned with at least an equal amount of fuel to that which was present at the start of the hire period. Should a vehicle be returned with more fuel than at commencement of the hire period, the Hirer has no rights to financial recompense or otherwise.
Disclaimer of Warranties and Exclusion of Liabilities
7: HEXAGON hereby disclaims, and the Hirer herby releases HEXAGON from, all and any representations and warranties, either expressly or implied, as to any matter whatsoever, including without limitation (A) the design, condition, operation, merchantability, satisfactory or fitness for use of the Goods (B) the fitness of the Goods for any particular use or purpose of the Hirer; and (C) the quality of the material or workmanship of the Goods and agrees that all such risks be borne by the Hirer.
7.1: The Hirer acknowledges that it has selected the Goods for its own use relying on its own skill and judgment and has obtained from the manufacturer any guarantee of the Goods that it requires. It is expressly agreed that no warranty, condition or undertaking has been given by or on behalf of HEXAGON (whether expressed or implied, by statute, at common law or otherwise) in respect of the Goods. The Hirer will not be entitled to any rebate or remission of Rentals whilst the Goods are unusable or for any other reason. The hiring is not a hiring by description.
7.2: HEXAGON shall not be liable (in contract, tort or otherwise) for any claim, damage, liability or loss (including consequential loss) or expense of any kind arising directly or indirectly in connection with the Goods or from any delay in delivery of, or failure to deliver, the Goods, any defect or deficiency in or inadequacy or suitability of the Goods or their installation, use, performance.
Risks of Loss
8: The Hirer shall bear all of the risk of direct, indirect or consequential loss, damage or deprivation of use, of the Goods. If the Goods are lost, stolen or otherwise disappear, or if the Goods are damaged to such an extent that they cannot, in the opinion of HEXAGON, economically be restored to good operating order, condition and appearances, the Hirer shall promptly pay to HEXAGON an amount equal to the replacement value of the Goods determined as of the date first missing or damaged. As used throughout this agreement the phrase, “replacement value” shall mean the depreciated value of the Goods as reflected on the books of HEXAGON. Upon receipt by HEXAGON of the Hirer’s payment of the replacement value and for all rental and other rental charges accrued through the date of HEXAGONS receipt of such payments, the Hirer’s obligation to pay rental shall cease and terminate.
Events of Default
9: Time is of the essence for this Agreement, and the occurrence of one or more of the following shall constitute an event of default; (a) the Hirer fails to pay when due any rental, or any other payment becoming due hereunder; (b) the Hirer fails to perform any other obligation assumed by the Hirer under this Agreement (c) the Hirer or any other Guarantor (i) becomes insolvent, (ii) commits an act of bankruptcy, (iii) becomes subject to any voluntary bankruptcy or liquidation proceeding, (iv) makes an assignment for the benefit of creditors; (v) appoints or submits to the appointment of a receiver for all or any of its assets; (vi) admits in writing its inability to pay its debts as they become due, or (vii) enters into any type of voluntary arrangement with creditors, or (d) the Hirer defaults under any other Agreement with HEXAGON of any corporation affiliated with HEXAGON.
Remedies upon Default
10: In the event of any default by the Hirer, HEXAGON may, at its option and without demand or notice to the Hirer and the Hirer agrees to one or more of the following; (a) pay all amounts, or perform or cause to be performed all obligations, required to be paid or performed by the Hirer hereunder, and recover from the Hirer, as additional rental, all amounts so paid or the reasonable value of all services so performed; (b) allow HEXAGON to enter, with or without notice, upon any premises where the Goods may be located and take immediate possession of, and remove, the Goods, or (c) allow HEXAGON to immediately terminate this Agreement and the Hirer’s rights hereunder and require the Hirer to immediately return the Goods to HEXAGON at such location as HEXAGON may designate. No termination repossession or other act by HEXAGON after Agreement by the Hirer shall relieve the Hirer from any of its obligations hereunder. In addition, the Hirer shall pay to HEXAGON on demand all fees, costs and expenses incurred by HEXAGON in successfully enforcing its rights hereunder including, without limitation, reasonable legal fees. The remedies provided herein in favour of HEXAGON shall not be exclusive, but shall be cumulative and in addition to all other remedies in this Agreement or existing at law or in equity, any one or more of which may be exercised simultaneously or successively.
11: HEXAGON, may, at any time upon seven days prior written notice to the Hirer, terminate this Agreement and require the Hirer to return the Goods in accordance with the provisions of this Agreement. The obligations assumed by HEXAGON under this Agreement shall not survive the termination of the rental term.
Indemnity and Legal Insurance
12: The Hirer shall, at its own expense, defend, indemnify and hold harmless HEXAGON, its employees and agents from and against all claims, demands, liability, costs and expenses whatsoever (including attorney fees) arising or alleged to have arisen from, or in any manner connected with, the condition, use or operation of the Goods. The Hirer shall purchase and maintain policies of insurance in forms and with insurance companies that are satisfactory to HEXAGON. The insurance policies shall insure the Hirer and HEXAGON as their respective interests may appear as follows: (a) comprehensive general liability insurance covering liability for bodily injury or death, and property damage, with limits not less than £1,000,000 per occurrence; (b) motor liability insurance covering liability for bodily injury and death and property damage, with limits not less than £1,000,000 per occurrence; (c) all risk property damage or loss insurance covering the Goods and their replacement value and designating HEXAGON as loss payee; and (d) excess all risk insurance coverage in the amount of £5,000,000 per occurrence. The insurance policies shall, by suitable endorsement, name HEXAGON as an additional assured and shall provide that; (a) the respective coverage shall be considered primary as against any insurance coverage that may be provided by HEXAGON; and (b) HEXAGON shall receive not less than thirty (30) days written notice before cancellation or material alteration of the policy. Promptly after the execution of this Agreement, the Hirer shall furnish HEXAGON with certificates of insurance evidencing the above-required insurance coverage’s. The maintenance of insurance by the Hirer shall not be deemed nor construed to suspend, limit or modify the Hirer’s obligations under this Agreement.
Notification of Accident or Loss
13: The Hirer shall, at its expense, promptly notify HEXAGON of each accident and each occurrence of loss involving the Goods. The Hirer’s notice shall describe the time, place and nature of the accident or loss, the extent of any damage to the Goods resulting there from, the names and addresses of all involved parties, a
copy of any Police report and such other information as may be known. The Hirer shall promptly advise HEXAGON of all notices or documents received by the Hirer in connection with any claim relating to the Goods.
14: The Hirer hereby consents to any assignment of this Agreement by HEXAGON. The Hirer may not assign this Agreement or any of the Hirer’s rights or obligations hereunder, either by its own act or by operation of law.
15: This Agreement is hereby made subordinate to any chattel mortgage, pledge, security agreement, hire, hire purchase, credit sale, conditional sale, contract, and lease or like agreement applicable to the Goods to which HEXAGON is bound.
16: This Agreement constitutes the entire Agreement between the parties pertaining to the Goods and the subject matter relating thereto. Except as otherwise expressly provided in Clauses 3.1, 3.2, 3.4, 4.10 and 5.1 above, the terms, covenants, conditions and other provisions of this Agreement may thereafter be supplemented, changed, amended or modified only by written instrument that specifically purports to do so and signed by both parties. No agreements, representations, or understandings not specifically contained herein or otherwise reduced to a written instrument signed by both parties shall be binding upon the parties.
17: The Hirer agrees that HEXAGON may hold records in any form as it may decide including computer data, and disclose any details of the Hirer, the Goods, this transaction, or any agreements with related companies to any third party that it may choose at HEXAGONS sole discretion. Such disclosed information can be used for any purpose including but without limitation to tracking, monitoring, marketing and or sales purposes.
18: HEXAGON shall not be liable for any failure to perform any obligation hereunder when prevented from doing so by act of God, war, fire, riot or civil disturbance, snow or flood, strikes or other labour trouble, or any other conditions beyond the control of HEXAGON.
19: In the event of a dispute concerning the condition of the vehicle, the Hirer will pay for an examination/review of the evidence by an independent qualified engineer, eg an engineer unrelated to the original inspection, agreed by both parties. The engineer’s decision will be binding on both the Hirer and HEXAGON. If the engineer’s decision is in favour of the Hirer, HEXAGON will refund the reasonable cost of the inspection to the Hirer
Rights under the Consumer Credit Act 2006
20: Rights under the Consumer Credit Act 2006 – By signing this Agreement, it is acknowledged that any rights normally enjoyed under the Terms of a Regulated Agreement are waived for the purpose of this Agreement only. This being the result of this Agreement qualifying as a Non-Regulated Agreement.
The team at Hexagon Leasing is pleased to provide you with your personal Vehicle Delivery Pack. This Vehicle Pack incorporates important information and documentation, which will be updated throughout the life of the vehicle. It is your legal responsibility that these documents are kept available and are stored correctly. This pack contains everything you will need to keep your vehicle at its optimum performance including service and maintenance schedules plus contact information for the maintenance management team. If you would like any
further information or would like to discuss anything about your vehicle, please do not hesitate to contact a member of the team.
Planned Maintenance and Defects
Safety Inspections, Servicing, Tachograph Calibration, Your servicing requirements will depend on your Operators Licence; however, our Customer Services department will manage your planned maintenance needs The contact details for our Customer Services department are as follows:
Tel: 01332 825500
Should you have a defect with your vehicle which doesn’t prohibit the vehicle from running, please raise this during office hours with our Customer Services department, who will manage to conclusion any defect. Our Incident department’s contact details are as follows:
Tel: 01332 825500
Breakdown constitutes any vehicle roadside or any defect that affects the vehicle legally running on the road or prohibits the vehicle movement. For 24/7 Breakdown contact: 0844 5679666 Please have the following information available:
· Vehicle Registration Number and mileage
· Nature of Breakdown (if tyre work need position and tyre size)
· Exact Location of Vehicle (Please do not move the vehicle after notification)
· Vehicle loaded/unloaded
· Drivers Name and contact number Name & Number of person reporting
Wear & Tear Guidelines
The condition of a vehicle at the end of an Agreement will directly impact its resale value. All vehicles on hire are serviced to ensure the chassis and driveline is in working order. However, at the end of an Agreement, excessive dents, scratches and damage to bodywork and cab interiors can result in financial penalties for the customer. This document is provided to offer guidelines on how to minimise the costs of rechargeable damage.
· Implement a fleet policy which sets out maintenance and servicing intervals for all drivers. Layout guidelines for regular checks on oil, water, and tyre pressure etc. Follow this up by regular checks to ensure overall condition of the vehicles.
· Ensure your drivers know the legal requirements of a roadworthy vehicle, replacing items such as cracked windscreens quickly.
· Ensure drivers treat all vehicles with respect, that they are cleaned inside and out regularly and that any damage is reported immediately. Is the driver using the right vehicle for the right job and is the driver qualified and confident enough to drive the vehicle?
· Consider driver training and look out for recurring damage.
· Make vehicles available for service according to the scheduled intervals.
· On The Road
· When the vehicle is in transit, ensure that doors, roller shutters, tail lifts and cranes are closed or correctly positioned.
· Monitor the number of hours your driver is doing. Tired drivers working long hours can cause accidents.
· Encourage drivers to take breaks, particularly when driving on motorways.
· Carry out daily checks of the following:
o Oil, water, ad blue and antifreeze levels
o Tyre pressures and conditions
o Wheel nut security (visual check)
o Mirrors, lights and reflectors
o Ancillary equipment
· Monitor all vehicles for any external damage which could allow leaks into the bodywork or could be a danger to the user or general public.
· If any vehicle develops a leak in the load area, inform the defect management team immediately.
· Check condition of floorboards or lining and repair or replace damaged items.
The tyres on your vehicle are your only contact with the road surface. Badly worn, defective and/or over/under inflated tyres can greatly affect the safe handling characteristics of a vehicle. In addition to affecting the vehicles stability they can also impact on its operating costs, resulting in lower than expected mpg.
We operate a 24 hour roadside assistance service for all breakdowns including tyres. The purpose of this service is to effect the repairs necessary to ‘get the vehicle moving’ again. It is not provided to carry out Service or Replacement Work. For more details on Service Work see the ‘Service Work’ paragraph below.
Fleet Checks (at additional cost)
Regular Fleet Checks identify potential wear issues early and rectify them before they cause lasting damage to the tyre and increases up-time. Fleet Checks can be coordinated by our Customer Services department at times convenient to the Customer, often at weekends or when the vehicle is parked up during daylight working hours. The Fleet Checks can be provided to you by our Customer Services department. As a rule Fleet Checks will not generally be available ‘out of hours’. It is important that any vehicle not available at the time of a scheduled Fleet Check be identified and made available at the earliest opportunity so that the condition of its tyres can be assessed and managed accordingly.
Preventative maintenance reduces down time caused by breakdowns and prolongs the life of the tyre enabling the operator to obtain maximum mileage out of the tyre. As with ‘Fleet Checks’ Service Work is coordinated by our Customer Services department at times convenient to the Customer, when the vehicle is parked up during daylight working hours. Service Work will not generally be available ‘out of hours’.
All requests for services are at all times to be directed to Customer Services department. This will ensure a rapid and effective response to your request. Customers are respectfully requested not to contact the service agent directly. This can lead to confusion and often results in more than one service agent being sent to the same ‘call-out’ and in such an event any additional charges will be charged accordingly.