DGTT Rental Agreement 2018 Terms and Conditions
DGTT Rental Agreement 2018 Terms and Conditions
DGTT Rental Agreement 2018 Terms and Conditions
1. HIRING
a) We (Dawsongroup truck and trailer limited) are hiring and you (the Hirer specified overleaf) are taking
on hire the Vehicle specified overleaf upon the terms and conditions set out in this Agreement.
"Vehicle" shall include any motor vehicle, trailer, semi-trailer, container, demountable body, any extras,
accessories, tyres, all component parts, tools and ancillary equipment (including operating books,
manuals and the such like) whether in or on the Vehicle together with all replacements or renewals.
b) You shall not sub-let, lend, sell, assign, or otherwise encumber or part with the possession or in any
manner deal with, dispose of, hold yourself out as the owner of the Vehicle (or any part). As mere
bailee you shall have no interest in the Vehicle.
c) We shall be entitled to replace the Vehicle at any time during the period of hire with another vehicle of
similar capacity at our sole discretion.
d) References in this Agreement to “Group Company” include our (i) ultimate parent undertaking, and/or
(ii) any subsidiary undertaking of our ultimate parent undertaking, and “parent undertaking” and
“subsidiary undertaking” shall have the meaning set out in section 1162 of the Companies Act 2006 as
amended.”
2. AUTHORITY
The person signing the Agreement shall be deemed to be your authorised signatory and shall have
sufficient authority to bind you to the Agreement.
4. HIRE PERIOD
The minimum period of hire shall be specified overleaf (“the Initial Term”) and any part day arising upon
the return of the Vehicle shall be charged as a whole day. The Initial Term shall commence from the date
specified or delivery, whichever is later. Any date given for commencement or delivery is an estimate only
and we shall not be liable for any delay or failure to make delivery on such date or within such period. The
term of hire shall be automatically extended (“the Extended Term”) at the end of the Initial Term and at
the end of each Extended Term for a period equivalent to the Initial Term, unless you give us written
notice to terminate the Agreement, such notice to be given not earlier than one month and not later than
one week before the end of the Initial Term or the relevant Extended Term as the case may be. If the
Initial Term specified overleaf is greater than 12 months, the Extended Term shall be subject to a cap of
12 months on each occasion.
11. TERMINATION
a) You may terminate this Agreement by giving us written notice, not earlier than one month and not later
than one week before the end of the Initial Term, to take effect on the expiry of the Initial Term. If you
fail to give us written notice in accordance with the foregoing, then the provisions of clause 4 will apply.
We shall have the right to terminate the Agreement without notice at any time after expiry of the Initial
Term.
b) For the avoidance of doubt, where you retain possession and continue using the Vehicle after expiry of
the Initial Term or the Extended Term with our consent then your duties and obligations under the
Agreement (including but without limitation to the payment of hire charges) shall continue in full force
and effect until the Agreement is terminated by either party in accordance with Clause 11 (a) or by us
in accordance with Clause 10 (a) or 10 (b). This Clause shall not confer upon you any right
whatsoever to the continued use or possession of the Vehicle.
c) Upon termination of the Agreement for any reason and in any manner whatsoever you shall forthwith
return the Vehicle (between 09:00 and 17:00 Monday to Friday excluding public holidays) to us in our
standard livery (details of which are available upon request) and in as good condition, cleanliness and
working order (fair wear and tear only excepted) as when received from or via us at the
commencement of the Hire Period by leaving the Vehicle at our premises from which it was hired, or at
such other address as we shall reasonably require, at your expense and risk. Furthermore, you shall
return the Vehicle to us with the same amount of fuel and AdBlue as when received from or via us at
the commencement of the Initial Term. If the Vehicle is returned with less fuel and/or AdBlue you shall
pay for the shortfall, to be charged at our current rate per litre as determined by us at the date of
return. In addition, you shall ensure that on the day of return the Vehicle has sufficient levels of oil,
water, coolant, hydraulic fluid and lubricant (as per the hirer’s daily check list). We will complete an
electronic off hire inspection report upon return of the Vehicle to confirm the condition of the Vehicle.
However, this does not limit us from making a more thorough check of the Vehicle within a reasonable
time period and bringing any less apparent defects to your attention which shall be your responsibility.
The Vehicle shall remain at your risk until it has been off hired and you shall ensure that insurance
cover for the Vehicle remains in force failing which you shall be liable for any loss or damage which
may occur.
d) In the event that you do not return the Vehicle upon termination of the Agreement and in so doing
retain possession of the Vehicle without our prior consent then we shall be entitled without notice to
enter into or upon any premises or land where the Vehicle might be and use all such lawful force as
shall be necessary to effect recovery. Any action we take shall not prejudice our rights to recover from
you any monies due to us under the Agreement or damages for any breach together with all legal and
other costs relating to the recovery of the Vehicle and monies due.
e) You undertake to remove all of your property or any third party property from the Vehicle upon
termination of the Agreement before the Vehicle is returned to or recovered by us. No liability
howsoever arising shall be incurred by us in relation to any loss of or damage to property remaining in
or upon the Vehicle after such termination which property (if any) we shall at our discretion be entitled
to dispose of. In the event of such disposal or in the event of any loss or damage (howsoever caused)
to such property you shall indemnify us against all claims and demands made by any third party.
Furthermore, you shall indemnify us in full in respect of any costs incurred by us in disposing of such
property.
f) Any provision of this Agreement which expressly or by implication is intended to come into or continue
in force on or after termination of this Agreement shall remain in full force and effect. Termination of
this Agreement shall not affect the accrued rights, remedies, obligations or liabilities of the parties
existing at termination.
DGTT 02/18