Johnsons Agricultural

Terms of Hire

ROBERT JOHNSON AGRICULTURE LTD (the Lessor)

Conditions of agreement with Hirer

1. INTERPRETATION

The conditions means these terms and conditions and those set out on the first page. If this

agreement is signed by a sub-bailee then he undertakes to comply with and be bound by the terms

and conditions regardless of the lack of contractual nexus.
GENERAL

2. HIRE OF VEHICLE

2.1. The Lessor rents to the Hirer from the date and time specified on the first page until the

expiration of the agreed rental period and the Hirer takes on rental of the motor vehicle described

overleaf and any substitute vehicle the Lessor may provide (“the Vehicle”) subject to the conditions.

The Lessor may elect if a vehicle is not returned on the expiration of the agreed rental period

demand the return of the Vehicle. Alternatively it may treat the hire as being extended upon the

terms hereof. Continued use of the vehicle by the Hirer or any sub-bailee of the Hirer shall give rise

to the continuing force and effect of these terms without prejudice to the Lessors’s right to claim

wrongful retention of their vehicle

3. PAYMENT

The Hirer shall pay the Lessor on demand:–

a) rental and other charges at the rates specified in the conditions in the absence of a specific

rate the Lessor’s displayed rates at its collection depots shall be applied to the vehicle.

b) any charges arising from Customs and Excise seizing the vehicle, together with loss-ofincome

charge while we cannot rent out the vehicle, if and when we demand this payment.

c) payment is to be made at the Lessor’s place of business upon signing the hire agreement

and collection of the vehicle unless credit is agreed and in that event 21 days after the vehicle is

taken and 21 days thereafter on a continuing basis whether or not the Hirer has received an

invoice from the Lessor. The date of payment is an essential condition of all credit agreements.

Failure to pay shall be a breach of contract. The Hirer is not entitled to set-off any sums as a

consequence of any complaint in the performance of this agreement by the Lessor nor any

counterclaim arising from the Hirer’s possession of the vehicle. The Hirer has no right to retain the

vehicle after the agreement has been terminated by way of exercise of a purported lien or retention

to compensate the Hirer for any alleged breaches of this agreement by the Lessor.

d) the Lessor’s costs of and in connection with the cleansing and/or repairing of any damage

to the vehicle or its parts and engineers’ fees, towing and recovery charges and any costs incurred

as a result of or in connection with any breach of this Agreement on the part of the Hirer,

PROVIDED ALWAYS that if the vehicle is used and driven strictly in accordance with the conditions

and if the Hirer complies with all the conditions, the Hirer’s liability for such damage shall not

exceed any accidental damage excess shown on page 1; This does not apply to tyre damage (fair

wear excepted for which the Hirer shall be liable in full);

e) any value added tax or local or other taxes payable in respect of any of the above;

f) The Lessor does not design, manufacture, advertise, assemble nor sell motor vehicles. The

Lessor places the same reliance on the designer, manufacturer and assemblers of motor vehicles

as any other purchaser;

g) the Hirer undertakes to investigate the reliability characteristics of the vehicle which are

concomitant to factors of its price and the reputation of the manufacturers with specific regard to

the model in question;

h) the Hirer acknowledges that the Lessor is under the same position as any other purchaser

of vehicles and cannot be held responsible for deficiencies in design, manufacture or assembly of

the vehicles;

i) the Lessors obligations are acknowledged by the Hirer as to relate solely to the

maintenance of the vehicle in accordance with the Motor Vehicles Constructions and Use

Regulations and do not extend to a warranty as to the condition of the vehicle as purchased nor to

their reliability.
4. HIRE OF THE VEHICLE

a) The Hirer agrees that he has had an opportunity to visually inspect the interior and exterior

of the vehicle to record any minor damage to the bodywork, tyres, glass, upholstery in the

passenger/cockpit area and the vehicles boot (if any) and has recorded all such damage on the

pictorial and written vehicle check sheet and will return the vehicle in the condition so recorded.

b) The Hirer shall not part with possession of the vehicle, and will return it to the Lessor in the

same condition as it was received from the lessor. The vehicle is to be returned to the place of

rental on the expiration of the agreed rental period (or sooner if demanded by the Lessor at any

time after any breach by the Hirer of any of the conditions). The Hirer undertakes that the vehicle

shall only be loaded in accordance with the manufacturer’s chassis plate and with the tyres

correctly inflated and that the vehicle is kept in a condition which is strictly in accordance with the

Motor Vehicles (Constructions and Use) Statute and Regulations (and any amendments thereto).

Further that the vehicle will be used solely in accordance with the tolerances in the manufacturers

handbook.

c) The Hirer will carry out frequent and regular inspections of the vehicle, it tyres, brakes,

steering and suspension and will frequently inspect and replace as needed all fuel coolants and

cleansing fluids and will check wheel nuts, brake linings, clutch linings, oil and water levels and all

lights before the beginning of each journey. Prior to use the Hirer will also check in freezing

conditions for freezing of fuel, airlines, lubricants, coolants and cleansing fluids.

d) The Hirer shall report to the Lessor telephonically immediately and in writing thereafter

without delay any fault requiring repair developing in the vehicle and shall not in the case of any

damage or fault which makes the vehicle unroadworthy or liable to sustain damage or cause

danger to any person or property, use the vehicle until such damage or fault has been repaired or

corrected. If the vehicle is disabled, the Hirer shall, unless otherwise required by the Lessor,

arrange for its protection and removal to the nearest suitable repairers. Authorization shall be

obtained from the Lessor in writing prior to the commencement of any repair;

f) Any breakdown, accident, injury, loss or damage involving the vehicle shall be reported to

the Lessor by telephone at the earliest possible opportunity and thereafter in writing with full details

as soon as possible and every communication received by the Hirer and relating to any such

occurrence shall be sent to the Lessor immediately and the Hirer shall comply with directions given

by the lessor or his agents in respect of delivery or collection of the vehicle for the purpose of

repair.

g) Breakdown caused by frost, freezing, floods or any other severe inclement weather

conditions, freezing fuel or air lines or other causes which are neither accidents against which the

Lessor has insured for the benefit of the Hirer nor solely the result of the defective condition of the

vehicle, and damage or deterioration consequent on such breakdown shall be the responsibility of

the Hirer and the Hirer shall promptly notify the Lessor and at its own expense have the fault

repaired or otherwise rectified by such suitably qualified and reputable repairer as the Lessor shall

first have approved in writing. If the Hirer calls out the Lessor for any such cause it shall be entitled

to charge the Hirer at commercial breakdown repair and recovery rates for the call out and any

recovery or work, parts or materials. The Lessor shall be entitled to payment of the rental charges

until the repairs are complete and the vehicle is returned to its premises or restored in a fully

operative condition at its premises.

h) The Hirer must return the vehicle during normal office hours to the Lessors depot in a clean

and tidy condition having removed all property of the Hirer or any third party and any rubbish or

litter and will pay to the Lessor all costs incurred by the Lessor (labour and materials supplied by

the Lessor to be charged at reasonable commercial rate) in cleaning, and in disposing of any

property left in the vehicle and authorises the Lessor to dispose of any such property and

indemnified the Lessor against any liability to any third party in relation to any such property.

(i) All vehicles leave the Lessors’ premises with a full fuel tank. The vehicles must be returned

to the same premises with a full fuel tank. The costs of refilling the fuel tanks shall be charged at

the Lessors’ current rates to refill the tank. This charge shall be made whether or not the vehicle is

delivered or collected by the Lessors’ drivers from the hirers’ premises.
5. PROHIBITED USES The vehicle shall not be used:–

a) to leave the mainland without prior consent;

b) for the carriage of passengers for hire or reward;

c) to propel or tow any other vehicle or trailer;

d) for racing, pace-making, trials, speed testing, competition rallies or driving tuition;

e) to carry goods in a passenger vehicle;

f) in any manner which shall constitute a breach of the Road Traffic Acts and in the

Construction and Use Regulations made under them for the time being in force;

g) any use which requires an operator’s licence or any other licence or permit unless the Hirer

has first obtained such licence or permit.

h) to carry any waste as defined by the Environmental Protection and Control of Pollution

statutes.
6. RIGHTS AGAINST OTHER PERSONS

The Hirer hereby assigns to the Lessor all rights against third parties.

7. DETERMINATION

7.1. a) Any adverse information concerning the financial status of the Hirer for which it

appears that the Hirer may not be able to pay debts will entitle the Lessor to demand proper

security by the provision of a Guarantee from a viable third party. If the Hirer is unable or refuses to

give such security then the Lessor is entitled to demand all rental payments in cash until the end of

the rental period. In the absence of either a cash guarantee or cash rental payments the Lessor

shall be entitled to terminate this agreement and demand return of the vehicle.

b) the presentation of Petition for Bankruptcy, Liquidation or Administration of the Hirer

or the Hirer entering into a voluntary arrangement as envisaged by the terms of the Insolvency Act

1986.

c) resume possession of the vehicle from any property of the Hirer and enter upon any

property to which the Hirer has right of access and the Hirer hereby transfers to the Lessor all such

rights of access to third party premises.

d) if the Lessor resumes possession of the vehicle otherwise than by return thereof by

the Hirer to the Lessor’s premises the Hirer will repay the Lessor its repair, cleaning and recovery

costs, the costs of any petrol to refill the vehicle’s tank and indemnify it against any third party

claim arising out of such resumption of possession

7.2. a) The Lessor may determine the hiring without notice in the event of :-

i) default in payment for 48 hours of any sum due from the Hirer to the Lessor

hereunder; or

ii) any failure by the Hirer to observe or perform any of the terms of this Agreement; or

iii) the presentation of a petition for Bankruptcy, Liquidation or Administration of the

Hirer.

b) In the event of the hiring being determined for any reason, the Lessor may without

notice:-

i) resume possession of the vehicle;

ii) remove the vehicle from any property and enter the property of the Hirer for such

purpose;

iii) determine all or any other hiring agreements in operation between the Lessor and

the Hirer;

iv) exercise a lien (hereby granted by the Hirer) in respect of any outstanding claims

against the Hirer over any possessions of the Hirer in the vehicle upon resumption of possession

by the Lessor, including a right (hereby granted by the Hirer) after the expiration of 30 days of the

exercise of such lien to sell such possessions and apply the net proceeds of sale in reduction of

any amount then due from the Hirer to the Lessor

8. TERMS AND EXTENSIONS OF HIRE

8.1. The provisions of this agreement shall (save as otherwise agreed) apply during any period

by which the original period of hiring may be extended and thereafter until the return of the vehicle

to the Lessor’s depot and

a) if for any reason other than the default of the Lessor or its total loss, the vehicle shall not be

returned to the Lessor at the determination of the hire, the rental (and all other charges if any) shall

continue to be payable until the vehicle is recovered and restored to the condition it was in at the

commencement of hire (normal and reasonable wear and tear excepted). In such instances the

hire rate and other charges will after the end of the agreed hire period be charged at the standard

tariff applicable at the material time if that tariff is higher than the rate specified in these conditions.

Any part of a day shall be charged as a day and payments shall fall due daily on the day following

the day or part day in respect of which they accrued, or in respect of the day of return of the vehicle

on that day;

b) in the event of the loss of the vehicle or its damage beyond economic repair, the period of

hire shall be deemed to end when the value of the vehicle (calculated without regard to accidental

or other loss or damage, save fair wear) is paid to the Lessor

9. OTHER GENERAL MATTERS

a) Authority to Amend. No employee of the Lessor, other than any director recorded as a

director at Companies House, has authority to alter these terms and conditions; any purported

addition to or alteration shall be of no effect unless signed by a director of the Lessor;

b) Forbearance. No forbearance or indulgence given to the Hirer shall have effect so as to

curtail any rights or remedies available to the Lessor

c) Notices. Notices shall be in writing and shall be deemed to be given upon delivery if by

hand or 24 hours after posting if by first class post. Notices to the Hirer may be delivered or sent to

his address as stated on the face of this Agreement or to any business or private address of his

d) Severability. In the event of one of these terms or part thereof being unenforceable then the

balance of the term or terms shall be severed from the unenforceable part and shall continue to

have full force and effect.

10. LIMITATION OF LESSOR’S LIABILITY

a) The Lessor confirms that upon collection the vehicle is in compliance with the Motor

Vehicles Construction and Use Regulations and is suitable for the use for which it was designed by

the manufacturer. The Lessor shall not be liable for any defects or mechanical failures which are

not attributable to any breach of the Constructions and Use Regulation and shall not be liable for

any indirect or consequential loss or damage and without prejudice to the generality of the

foregoing any loss of profit, interruption in trade, delay in delivery or collection of goods in any

circumstances.

b) All bookings and advance arrangements for the provision of vehicles are subject to and

conditional upon availability and the Lessor shall not incur any liability if it is unable to honour such

a booking arrangement.

INSURANCE PROVISIONS

11. Prohibited Drivers; Limitation on Use

The Vehicle shall not be driven:–

a) by any of the following:–

i) who has not been approved by the Lessor as a named driver; or

ii) who has not produced to the Lessor satisfactory evidence of identity and abode or

has produced false or misleading evidence of either of those; or

iii) who has ever been convicted of or received notice of intended prosecution for any

motoring offences during the three years preceding the date of driving, which are not acceptable to

the Lessor’s insurers;

b) By any person not holding a valid current full driving licence.

c) In accordance with the Disability Discrimination Act the vehicle shall not be driven by any

person who has a notifiable condition which has not been disclosed to the DVLC or where the

condition has been disclosed but the DVLC have yet to make a decision under the provisions of

that Act Concerning restrictions (if any) upon the driving licence.

12. INSURANCE COVER

a) The Hirer and any eligible driver approved by the Lessor shall participate as insured

persons under the Lessor’s comprehensive motor vehicle insurance policy, subject to the terms

and conditions of and exceptions from the policy, and subject to the due performance by the Hirer,

and any driver so approved, of the conditions. A copy of the insurance guidelines is available for

inspection by the Hirer prior to the signature of this Agreement. If the Lessor’s insurer shall avoid

the policy or refuse or reduce the amount of any payment on the grounds of any act or default of

the Hirer or any person using, in, on or near the vehicle by or under or with his authority then the

Hirer will make good and indemnify the Lessor in respect of all losses;

b) The insurance cover is not available for any person who has been refused motor insurance

or had their policy cancelled or made the subject, as a result of claims experience, of special terms

being imposed.

c) The insurance provisions shall not apply if at the time of the claim there is any other

existing insurance covering the same injury, loss or damage

d) If the panel “‘Personal Accident Cover” on this form is properly completed and if the Hirer

has when entering into this agreement paid the premium referred to, the Hirer shall be entitled to

personal accident insurance in accordance with the terms, conditions and exclusion in the

conditions and those particulars of which are from time to time displayed in the Lessor’s office.

13. EXCLUSIONS FROM INSURANCE COVER

13.1 Whether or not the collision damage or waiver fee has been paid the Hirer shall also pay

for;

a) any damage to the windows, glass and plastic light fittings, rubber seals, trims to windows,

doors and access points to the vehicle and any tyre damage (fair wear excepted);

b) all loss or damage which is outside or exceeds the scope of the cover provided under the

Lessors comprehensive motor vehicle insurance policy (or, if the Hirer is under these terms entitled

to personal accident insurance, loss or damage which is outside or exceeds the scope of the cover

together provided by both such policies) or which arises when or as a result of the vehicle being

used other than in accordance with the terms on which such cover is provided;

c) The comprehensive insurance of the Lessor’s and the Lessor’s liability shall not extend

to :–

i) loss of or damage to any property left, stored in or on or transported in or on the

vehicle at any time by the Hirer or any other person;

ii) any loss of profit or any consequential or indirect loss;

iii) mechanical or electrical breakdown or damage to tyres, by application of brakes or

by punctures, cuts or bursts, of excessive wear due to the utilisation of the vehicle on damaged or

tarmacked surfaces;

iv) loss of use

v) loss of or damage to accessories, parts or components, by theft or attempted theft,

unless the vehicle is stolen at the same time;

vi) damage to the vehicle by frost, flood or freezing, or electrical breakdown.

vii) if the vehicle is being driven or used so as to be in breach of any exception,

limitation or condition to, on or of the Lessor’s police of insurance which has been communicated

to the Hirer or his agent, or in breach of any term of this agreement, then if in consequence of the

act or omission constituting that the breach of the lessor’s insurers decline to accept liability;

viii) in respect of damage to:–

a) property belonging to or held in trust by or in the custody or control of the

Hirer or insured person on which behalf payment is claimed;

b) property being conveyed by the vehicle; or

c) any bridge, viaduct or weighbridge or to any road or anything beneath, by

vibration or by the weight of the vehicle or of the load carried by the vehicle;

d) death of or bodily injury sustained by a person in the employment of anyone indemnified by

this policy arising out of and in the course of such employment other than to comply with the

provision of the Third E.E.C.Motor Insurance Directive (90/232/EEC) or any directive or regulation

of mandatory effect from time to time replacing, amending or supplementing it;

e) if the insured person on which behalf payment is claimed is entitled to claim payment or

indemnify under any other policy;

f) accident, injury, loss or damage occurring elsewhere than in England, Scotland and Wales;

g) any accident, injury, loss or damage occurring if, to the knowledge the Hirer, the vehicle is

at the time of the accident being driven or used otherwise than in accordance with the terms of the

certificate;

h) any liability which attaches by virtue of an agreement but which would not have attached in

the absence of such agreement;

i) loss or destruction of or damage to any property whatsoever or any loss or expense

whatsoever resulting or arising therefrom or any consequential loss;

j) any legal liability of whatsoever nature directly or indirectly caused by or contributed to by

or arising from:

i) ionising, radiations or contamination by radioactivity from an irradiated nuclear fuel

or from any nuclear waste or from the combustion of nuclear fuel; or

ii) the radioactive, toxic, explosive or other hazardous properties of any explosive

nuclear assembly or nuclear component thereof;

k) any consequence of;

i) war, invasion, act of foreign enemy/or domestic hostilities, (whether war be declared

or not), civil war, rebellion, revolution, insurrection or military or usurped power, except so far as is

necessary to meet the requirements of the Road Traffic Acts;

ii) any accident, injury, loss or damage (except to third parties) arising during or in

consequence of earthquake or riot or civil commotion;

l) loss, destruction or damage (except to third parties) directly occasioned by pressure waves

caused by aircraft and other aerial devices travelling at sonic or supersonic speeds

m) for the purpose of exclusion of liability (but not so as to extend any cover) any reference to

a vehicle shall include any trailer towed by it or attached to it.

14. IF INSURERS WITHHOLD PAYMENT

In the event of any breach by the Hirer of any provision of this agreement whereby the

Lessor is prevented from recovering, under its said policy of insurance, the full value of the vehicle,

the Hirer indemnified the Lessor against any loss under the said policy, against all third party

claims and until payment of the repair costs or written off value of the Vehicle to the Lessor, against

the Lessor’s loss of use of the vehicle which shall be assessed according to the hire charge.

15. ACCIDENTS : INSURANCE PROCEDURE

15.1 In respect of any accident, injury, loss or damage involving the vehicle:

a) no admission of liability or offer or promise of payment, whether expressed or implied, shall

be made by the Hirer or anyone on the Hirer’s behalf, without the written consent of the Lessor,

whose insurers shall be entitled at their own discretion to take over and conduct in the name of any

person insured under the said policy, the defence or settlement of any claim or to prosecute (so

long as the Lessor or its insurer has a legitimate interest in the outcome) in the name of any such

person for its own behalf any claim for indemnity or damages or otherwise;

b) the Hirer shall use his best endeavours to procure that the names and addresses of parties

involved in any accident and/or witnesses thereto are obtained, that the police are notified in

accordance with any legal requirement, that the Lessor is notified by telephone (even in the case of

slight damage) and that as soon as possible afterward a detailed report in writing on the Lessor’s

standard claim form, providing all the particulars required and including a plan of the scene of the

accident, is furnished to the Lessor and that writ or summons is forwarded to the Lessor without

delay.

16. HIRER TO INSURE

a) Insure. The Hirer will, throughout the whole of the period of this Agreement and thereafter

until the vehicle is returned to the Lessor’s premises, insure the vehicle under a policy covering all

risks normally covered by a comprehensive policy of insurance in the full insurable value of the

vehicle and all its parts and accessories. The Hirer warrants that satisfactory insurance cover will

be in operation at the commencement of hire and will remain in force until the expiration of the hire

period and safe return of the vehicle to the Lessor.

b) Keep In Force. The Hirer will ensure that the premiums are promptly paid and that the

vehicle is operated in accordance with the terms and conditions of the policy and shall do or omit

nothing whereby the policy may be rendered void or voidable or the insurers may become entitled

to refuse or limit payment.

c) Produce the Policy. The Hirer will:-

i) within 24 hours of this Agreement if not already done; and

ii) thereafter on the expiry of any previous certificate; and

iii) whenever required by the Lessor within 48 hours of such request; produce to the

Lessor at its office the current certificate of insurance under which the vehicle is insured for

inspection, copying and return, and shall within 48 hours of the Lessor giving notice that it so

requires, produce the policy of insurance

d) Endorse the Lessor’s Interest. The Hirer shall forthwith have endorsed on the policy of

insurance the interest of the Lessor

e) Not Vary Terms. No alteration of any term or condition of the said policy shall be made

without the approval in writing of the Lessor first obtained

f) Notify Matters Affecting Cover. The Hirer shall notify to its insurers and the Lessor forthwith

the happening of anything which may adversely affect the Hirer’s cover under the said policy. In the

event of the termination or non-renewal of such cover for any reason or of such insurers seeking to

avoid or limit their liability under the said policy, the Hirer shall notify the Lessor in writing forthwith

and shall not drive the vehicle whilst it is not covered by a policy of insurance.

g) In the case of termination or non-renewal of the cover the Hirer shall identify the

whereabouts of the vehicle by telephone immediately and confirm it in writing and shall not operate

the vehicle and shall make it immediately available for return/collection by the Lessor;

h) The Hirer hereby assigns to the Lessor the benefit of insurance claims and gives the

Lessor an irrevocable authority to seek payment as owner of the vehicle directly from the insured.

i) The Hirer undertakes to insure the vehicle from the time and date that the vehicle is

dispatched from the Lessor’s depot until it is physically returned back into the possession of the

Lessor whether by collection or delivery to the Lessor’s premises. No communication from the

Hirer terminating the agreement shall release the Hirer from its obligations to continue to insure the

vehicle until it is in the de facto possession of the Lessor.

j) Interruption of Cover. In the case of termination or non-renewal of cover, the Hirer shall

store the vehicle in a safe and secure place and shall not operate the vehicle until new cover in

accordance with these terms is in force.

17. DAMAGE AND INSURANCE CLAIMS

a) In the event of damage the Hirer must return the vehicle to the Lessor repaired and

restored to the satisfaction of the Lessor. In the event of loss of the vehicle or its damage beyond

economic repair (commonly referred to as written off), the period of hire shall be deemed to end

when the full value of the vehicle and all its parts and accessories (calculated without regard to

accident or other loss or damage save fair wear) is paid to the Lessor.

b) Any monies received by the Hirer and any policy of insurance relating to loss of or damage

to the vehicle, shall be payable forthwith to the Lessor and until payment held by the Hirer as

trustee for the Lessor and in no case shall the Hirer have any right to retain such monies or any

part by way of set-off or counterclaim against the Lessor

c) If the Lessor consents to insurances subject to any excess such consent shall be deemed

to be on condition that in the event of any loss or damage the amount of such excess will be paid

by the Hirer.

d) The Hirer will take and provide to the Lessor copies of all reports, estimates, accounts,

statements, claims correspondence and memoranda and all other documents of any kind coming

into the possession or under the control of the Hirer and relating to any accident or to any loss,

damage or repair or any insurance claim involving the vehicle or any court proceedings involving

the vehicle or its use.
18. EQUAL OPPORTUNITIES STATEMENT

Robert Johnson Agriculture have adopted an equal opportunities policy and are committed

to the equal treatment of all their employees and clients regardless of race, colour, nationality,

ethnic or national origin, marital status, sex, religion or disability.

 

 


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