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General Terms & Conditions
11.1 The Hirer may terminate this Agreement by giving 3 months notice to the Company and in such a case, only the Rental Fees due at the date of termination will be the liability of the Hirer.
11.2 If the Hirer shall fail to pay any Rental Fees under this Agreement within fourteen (14) days of its becoming due (whether demanded or not) or shall commit a breach of the other terms and conditions whether express or implied of this Agreement or shall do or allow to be done any act or thing which in the opinion of the Company may jeopardise the Company’s rights in the Vehicle or any part thereof, then in each and every such case the Hirer shall be deemed to have repudiated this Agreement and the Company may thereupon forthwith terminate the leasing constituted by this Agreement.
11.3 If any of the following events shall occur, namely:
11.3.1 if any distress, execution, or other legal process shall be levied on or against the Vehicle or any part thereof or against any premises where the same may be or against any of the Hirer’s goods or other property or the Hirer shall permit any judgment against it to remain unsatisfied for seven (7) days; or
11.3.2 if the Hirer, being an individual, shall die, shall suffer an interim order to be made against him or enter into a voluntary arrangement or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order; or if the Hirer, being a body corporate, shall enter into any liquidation, shall call any meeting of its creditors or shall have a receiver or receiver manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the presentation of a petition for the appointment of an administrator, or shall be deemed to be unable to pay its debts, then in each and every such case the hire constituted by this Agreement shall automatically and without notice terminate and no payment subsequently accepted by the Company without knowledge of such termination shall in any way prejudice or affect the operation of this clause.
11.4 The Hirer shall upon any termination under clauses 11.2 or 11.3 pay to the Company:
11.4.1 all arrears of Rental Fees then due at the date of termination, together with interest thereon payable under clause 3.2 subject in the case of a termination under clause 11.3.2, to restrictions set forth under relevant insolvency laws; and
11.5 On termination or expiry of this Agreement howsoever or whenever occasioned, the Hirer shall no longer be in possession of the Vehicle with the Company’s consent and shall, unless otherwise agreed with the Company, return the Vehicle within fourteen (14) days of such termination or expiry (‘the Deadline’), including each Vehicle’s spare wheel, tyres, tools, handbook and service vouchers and accessories where fitted, to the Company at such address as the Company may direct in good order and in good working condition and at the Hirer’s expense and risk. Without prejudice to the foregoing or to the Company’s claim for any arrears of Rental Fees or damages for any breach by the Hirer of this Agreement or any other rights hereunder, the Company or its authorised representatives may at any time after the Deadline retake possession of the Vehicle and for such purpose enter upon any premises belonging to or in the occupation or control of the Hirer and the Hirer shall be responsible for all costs, charges and expenses so incurred in retaking possession of the Vehicle as aforesaid. The Hirer shall also bear the reasonable costs incurred by the Company at any time in ascertaining the whereabouts of the Vehicle and/or the Hirer.
11.6 The termination of this Agreement for any reason shall not:
11.6.1 release any Party from any obligation that has accrued prior to the effective date of such termination (including the obligation to pay amounts accrued and due under this Agreement prior to the termination date but which are unpaid or become payable thereafter);
11.6.2 preclude any Party from claiming any damages, compensation, or relief that it may be entitled to upon such termination; or
11.6.3 terminate any right to obtain performance of any obligation provided for in this Agreement that shall survive termination.
12.1 Without prejudice to the provisions of clause 11.5, as from the due expiration of this Agreement and until such time as the Vehicle shall have been returned the Hirer shall pay for the continued use of the Vehicle a sum, payable in arrears, at the same rate as the Rental Fees payments previously due in respect thereof.
12.2 This clause shall not confer upon the Hirer any right to the continued use or possession of the Vehicle.
13.1 All sums due from the Hirer to the Company hereunder shall be increased to include VAT at the rate or rates for the time being in force.
14.1 Although the Company shall use its best endeavours to discharge its obligations under this Agreement in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by any circumstances which could be predicted, the effects of which cannot be mitigated and which is foreign to and beyond its reasonable control.
15.1 Any notice, report, communication or consent required to be given hereunder by either Party to the other shall be in writing and shall be served by sending the same:
15.1.1 by registered or recorded delivery post; or
15.1.2 via facsimile or telecopy, followed within five (5) working days by a copy mailed in the preceding manner, to the address of the other Party as appearing overleaf or to such other address as that Party may have previously notified to the Party giving notice as its address for such service.
15.2 All notices documents communications and any other data to be provided under this Agreement shall be in the English language unless otherwise agreed.
16.1 This Agreement shall be binding upon and ensure to the benefit of the Parties hereto and their respective legal successors but shall not otherwise be assignable by the Hirer without the prior written consent of the Company which consent shall not be unreasonably withheld.
16.2 This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all prior written or oral representations agreements or understandings between them relating to the subject matter of this Agreement other than any false misrepresentation made by a Party to induce the other Party to enter into this Agreement.
16.3 No variation or amendment of this Agreement shall bind either Party unless agreed to in writing by duly authorized officers of both Parties.
16.4 If any provision of this Agreement is agreed by the Parties to be illegal void or unenforceable under any law that is applicable hereto or if any court or other authority of competent jurisdiction in a final decision so determines this Agreement shall continue in force save that such provision shall be deemed to be excised here from with effect from the date of such agreement or decision or such earlier date as the Parties may agree.
16.5 The headings in this Agreement are for convenience only and are not intended to have any legal effect.
16.6 A failure by either Party hereto to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
16.7 For the avoidance of doubt, the Parties confirm that they have entered into this Agreement as independent contractors and that nothing in this Agreement shall be construed as creating an agency, a partnership, a joint venture or any other similar relationship between the Parties.
17.1 The construction validity and performance of this Agreement shall be governed in all respects by the laws of Mauritius.
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