1. AVENUE SERVICE STATION (1977) LIMITED (the company) hereby agrees to let on hire to the person named overleaf (“the hirer") hereby agrees to take on hire the motor vehicle described  overleaf together with a spare tyre, jack, wheel spanner, toolkit and accessories carried with it of fixed or lifted in the vehicle (hereinafter together called ‘the vehicle’ upon the terms and conditions set out overleaf and hereunder. 

2. The period of hire shall e as set out overleaf and the vehicles must be returned to the Company on the date set out overleaf unless the period of hire is extended in which case  the Vehicle must be returned on the date to which the period of hire is extended.  The Vehicle shall be returned to the Company’s premises at Kenyatta Avenue , Nairobi during office hours namely (Monday to Friday 8 am to 1 PM, 2pm to 5 PM. Saturday 8.30 am to 12.30 p.m.) or by special arrangements having been made.  It is an offence t keep the vehicle beyond  the agreed dates and the Company may at any time after the agreed date of return has passed repossess the Vehicle  and take any further legal action against the hirer at his cost.  Further in such  an event CDI (if taken) will cease to apply and the Hirer shall be fully responsible for any loss or damage whatsoever caused by accident, fire, or otherwise howsoever.  The Company shall not  under any circumstances be liable to pay any damages to or indemnify in anyway, the Hirer in case of nay delays in delivery of the Vehicle. 

3. In accepting the Vehicle, the Hirer shall be deemed to have satisfied himself that the Vehicle is road worthy and in a proper and safe condition and working order and the Company shall not be liable to make and payment or indemnify the Hirer  in anyway whatsoever for any loss, injury or damage sustained by the Hirer or any other party as a result of any defect in the Vehicle or any breakdown. 

4. The Hirer charges  shall be based on the number of days the Vehicle is hired and the mileage done by the Vehicle during the period between  the dates  the Vehicle  is taken from the company’s premises and returned there.  The rates per day plus per kilometer are set out overleaf.  Where the speedometer records in miles,  the distance traveled shall be converted at 1.6kmper mile.  If the speedometer seal is tampered with the charge shall be at the rate of 700km per each day and the Hirer shall be responsible for replacing the speedometer.  In case the company suspects any fraud it reserves the right to report the Hirer to police. 

5. The Hirer further agrees that: 

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 (a) not be overloaded or (b) carry more passenger`s than it 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 2 years and must be not less than 23 years and not more than 65 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. 

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 shs.500  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 tank at the beginning of the hire and must be returned with a full tank.

l) 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.
 

6a) 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 shs.10,000 of such claim.

c) If the Hirer exercises his option to ask for collision damage waiver (C.D.I. see overleaf) 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.

PAYMENT TERMS

7)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.10,000 to Ksh.25,000 (refundable) depending on the class of the vehicle must be made.  If the payment is by credit card, a blank signed slip must be kept by company and charges filled up by the company when the vehicle is returned.

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.

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.

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.