a) He will not drive (and ensure that any
authorized driver will not drive)the Vehicle whilst he is
under the influence of alcohol, hallucinations drugs, narcotics,
barbiturates and any other substances impairing the drivers
consciousness or ability to control the vehicle. The vehicle
will be driven in a skillful manner and all traffic laws and
rules and the provisions of the highway code shall at all
times be complied with and observed. The vehicle shall 1)
not be overloaded or 2) carry more passenger`s than its passenger
capacity specified on the PSV license on the windscreen.
b) The vehicle will not be driven by the Hirer
or any other driver named overleaf who must have a current
bona fides driver license for a minimum if 3 years and must
be not less than 23 years and not more than 70 years of age.
c) The vehicle will be kept locked and secured
when parked and every precaution will be taken to avoid theft
of it or any item in it and damages to it.
d) The vehicle shall be used for social and
pleasure purposes and only on all weather roads . the vehicle
shall at no time be used for racing or pace making nor for
carriage of goods for carriage charges or for carrying fare
paying passengers.
e) The vehicle shall not be taken out of Kenya
unless with prior arrangements.
f) The hirer shall promptly and timeously
pay all parking and traffic fines and if he shall fail to
do so , he shall be responsible to pay the company additional
kshs.5000 plus each fine not paid and to idemnify the company
for any loss or damage it may suffer as a result of the hirers
default.
g) At all times check the oil and water and
tyre pressure and in the event he fails to do so he shall
be responsible to reimburse to and to indemnify the company
for any loss damage or expenses that it may suffer.
h) Unless authorized by the Company in writing,
the Hirer shall under no circumstances modify, fit extra accessories
or repair the Vehicle. The company shall not be liable for
any defects or want of repair in the Vehicle.
i) Not withstanding anything herein contained
in case of a breakdown or an accident or damage to the Vehicle
as a result of wilful act or gross neglect of the Hirer or
the authorised driver, the Hirer shall pay the company the
total cost of towing the vehicle to the company’s premises
and full cost of repairing the vehicle fully.
j) The Hirer shall be responsible to pay for
repair of punctures, replacing burst tyres, stolen or lost
spare tyres, damaged or broken windscreen or glasses, damaged
rims, tools (including jack & handle), tape recorder &
radio. CDI does not cover these items.
k) The vehicle will have a full petrol or
diesel tank at the beginning of the hire and must be returned
with a full tank.
I) In case of an accident (involving the Vehicle)
the Hirer or the authorised driver shall report to the police
and to the company within 24 hours no matter how minimal the
accident is and shall supply to the company the police officer’s
name, number and the details of the police station. Under
no circumstances shall liability be admitted. The Hirer shall
at the earliest opportunity and in any case not later than
48 hours after the occurrence of the accident, give a full
statement in writing of how the accident occurred and fill
and sign the claim form and also provide a copy of the police
abstract form duly completed. If and when required the Hirer
shall make available the driver to give any statements as
may be required by the Company.
m) If any antitheft device installed in the
vehicle is not utilized by the Hirer and if the vehicle is
stolen, the CDI will be void and the Hirer will be called
upon to pay full costs of the vehicle.
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6)
a) The insurance policy covering the vehicle has been made
available to the Hirer as he hereby acknowledges and he and
the authorized driver shall at all times comply with the terms
and conditions of this contract and the insurance policy.
Subject to such compliance (but not otherwise) he or the authorized
driver shall be entitled to the benefit of the insurance cover
provided by the insurance policy.
b) The vehicle is insured for Third Party
Act risk only. I.e. only the liability to compensate a third
party (not the driver or passengers) who is injured. Damage
to the Vehicle or loss by fire or theft of the vehicle or
any material damage to any other vehicle or property and the
driver and the passangers are not covered. In case of a third
party injury claim the Hirer shall be responsible to bear
the first kshs.15,000 of such claim.
c) If the Hirer exercises his option to ask
for collision damage waiver he shall be liable to pay the
amount indicated overleaf for collision damage caused to the
Vehicle and fire or theft of the vehicle.
d) The insurance, whether or not CDI option
is exercised, does not cover:
i) Any loss of items from the vehicle.
ii) Any breakdown or damage to the Vehicle otherwise than
collision.
iii) Injuries or loss to the Hirer or driver or the passengers.
iv) Burst tyres, stolen, lost spare wheel, damaged, broken
windscreen or glasses, damaged rims, tools (including jack
and handle) tape recorder and radio.
IMPORTANT: The insurance cover(s) aforesaid
are available only if the items and conditions contained herein
and in the insurance policy are complied with failing which
the Hirer and the authorized driver shall be fully responsible
for all damages and costs and shall fully indemnify the company
in respect to any loss or damage suffered by the vehicle or
the Company or for any claims received by the company and
all costs and expenses.
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7) PAYMENT TERMS
a) Full payment for the period of hire and the ocst of estimated
mileage must be made at the time of taking the Vehicle. Further
a deposit of between Ksh.20,000 to Ksh.35,000 (refundable)
depending on the class of the vehicle must be made.
b) All accounts must be cleared by not later
than the 10th of the following month. Any accounts not paid
by the due date will incur interest at the bank rates in force
at the time.
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8) Besides deposit, full identifications and physical address
of the Hirer must be given and where required by the company
an acceptable guarantee shall be given.
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9) No relaxation, forbearance or indulgence by the company
in enforcing and of the terms or conditions of this agreement
shall prejudice or effect the rights and powers of the company
hereunder nor shall any waiver of any breach operate as a
waiver of any subsequent or continuing breach.
I hereby agree to all the terms and conditions
of this contract and to abide by them and accept full responsibility
for the vehicle until it is returned to the Company.
