These terms of business contain the information you, and if you have them, additional drivers need to know about your Rental, including your responsibilities whilst in possession of the rental vehicle and following the rental and our responsibilities to you.
These terms of hire are our standard terms that apply to all rental vehicles and all of our customers. These terms are in addition to any specific terms which may be imposed on your rental which will be detailed within the rental agreement you will be required to complete upon the issue of a vehicle to you.
Please take the time to read these terms carefully and ensure you agree with our terms of business prior to booking or requesting a rental vehicle from us and complete the hire proposal form confirming that you have read and agreed to these terms and conditions and all information provided is accurate & correct.
Within the rental Agreement the following expressions shall have the meanings given to them below:
Accident Damage: means damage to a Vehicle sustained as a result of a collision with another vehicle or object, and includes criminal damage, but excludes mechanical failure or breakdown which does not arise as a result of an accident;
Accident Management Services: means the management services detailed under Condition 4 of the Appendix to this Agreement;
Actual Mileage: means the number of miles driven by a Vehicle since the start of the Term: * PLUS any unrecorded mileage Network Vehicle Hire may calculate under Condition 7.13;
Annual Mileage: means the agreed annual mileage of a Vehicle as specified in the Rental Agreement;
Daily Rental Tariff: means the documentation provided by Network Vehicle Hire to the Customer, as altered or amended from time to time, containing categories of DR Vehicle, the procedure for obtaining a DR Vehicle and Network Vehicle Hire’s service charter;
DR Vehicle: means a daily rental vehicle supplied to the Customer pursuant to Condition 5 of the Appendix to this Agreement;
Delivery Satisfaction Note: means Network Vehicle Hire's delivery satisfaction note, which must be signed by the Customer at the time of delivery of a Vehicle confirming the condition of the Vehicle on delivery and the Customer’s acceptance of the Vehicle;
Extended Term: means an extension of the Term under Condition 11, commencing on the day following the date of expiry of the Term and ending on the date of Network Vehicle Hire's collection of the Vehicle in accordance with Condition 10;
Fair Wear and Tear: means fair wear and tear in accordance with BVRLA Guidelines;
Insurer: means a reputable insurer approved by Network Vehicle Hire for the insurance of the Vehicle;
Excess Mileage Charge: means the rate or rates specified in the Network Vehicle Hire Flexible Tariff expressed as pence per mile; Network Vehicle Hire Flexible Tariff means the documentation provided by Network Vehicle Hire to the Customer, as altered to amended from time to time, containing categories of vehicles, costs and terms specific to Network Vehicle Hire flexible vehicles;
MOT: means the Ministry of Transport vehicle test or such other similar test as may be prescribed by law;
Proceeds of Sale: means the amount the vehicle is sold for plus the cost of all repairs necessary to render the Vehicle in good order and condition as estimated by Network Vehicle Hire or, the estimated reduction in sale proceeds occasioned by wants of repairs as assessed by Network Vehicle Hire (after deductions of all expenses of disposal including, without limitation, any VAT chargeable);
Recharge Item: means any reasonable cost or expense Network Vehicle Hire properly incurs which is recoverable from the Customer;
Recorded Mileage: means the mileage travelled by the Vehicle recorded by Network Vehicle Hire from time to time;
Rental: means the total of the Rental stated in the Rental Agreement;
Rental Agreement: means an agreement issued by Network Vehicle Hire containing the Vehicle and rental particulars which on signature by Network Vehicle Hire will form part of this Agreement;
Rental Period: means a period of 28 calendar days commencing on the delivery of the Vehicle;
Replacement Value: means the full cost of replacing the Vehicle without deductions at the current market value as determined by retail price guides taking account of age, mileage and specification;
Relevant Proportion: means the Annual Mileage divided by the number of days in the relevant calendar year then multiplied by the number of days since the start of the Term to the date of termination or calculation;
Road Fund Licence: means vehicle excise duty payable under the Vehicle Excise and Registration Act 1994;
Services: means any or all of the services detailed in Condition 8 and the Appendix of this Agreement;
Term: means the period of the hire of the Vehicle unless terminated sooner in accordance with the provisions of this Agreement;
Termination Payment: means an amount due from the Customer following the termination of any Term as detailed in Condition 9.1;
Third Party Supplier: means such third party service providers as Network Vehicle Hire may use from time to time in Network Vehicle Hire’s sole discretion, for the purposes of provision of Services;
VAT: means Value Added Tax as provided for in the Value Added Tax Act 1994;
Vehicle: means a vehicle supplied by Network Vehicle Hire pursuant to this Agreement. The expression "Vehicle" shall include all accessories (except accessories fitted at the Customer's expense and removed by the Customer before the return of the Vehicle to Network Vehicle Hire), tools and fittings and all additions and renewals made to the Vehicle during the Term (whether provided by the Customer or not) and references to "Vehicle" shall be deemed to include references to any item or part of the Vehicle;
Vehicle Collection Report: means a report in Network Vehicle Hire's standard form completed by Network Vehicle Hire's collection agent when a Vehicle is collected from the Customer or its authorised representative;
Working Day: means any working day excluding Saturdays, Sundays, Bank Holidays and other public holidays.
2.1 The Customer shall notify Network Vehicle Hire of the category of Vehicle, mileage and Vehicle Term it has selected from the Network Vehicle Hire Flexible Tariff. Network Vehicle Hire shall send the Customer a Rental Agreement relating to the Vehicle and shall use reasonable endeavours to provide a Vehicle within the category and use reasonable endeavours to meet any timescales or other requirements of the Customer.
2.2 The Vehicle will be delivered in accordance with the agreed order confirmation. The Customer must check that the Vehicle is in accordance with its agreed order and the condition detailed on the Delivery Satisfaction Note and if satisfied sign a Rental Agreement and Delivery Satisfaction Note. If there is damage on the vehicle which has not been recorded on the Delivery Satisfaction Note the Customer must amend the Delivery Satisfactory Note before signature.
2.3 The Vehicle will be delivered with a small amount of fuel. The Customer must return the Vehicle with at least the same amount. If the Vehicle is returned with insufficient fuel to reach a refuelling station then a fee, as set by Network Vehicle Hire from time to time will be charged as a Recharge Item.
2.4 After Network Vehicle Hire has placed an order and if the Customer cancels or amends its order within 48 hours of the commencement time and date the Customer will reimburse Network Vehicle Hire’s losses up to a sum of one Rental Period.
2.5 If any event or series of events occurs which in the reasonable opinion of Network Vehicle Hire is or is likely to be materially adverse to the business, assets or financial condition of the Customer or its ability to perform its payment obligations under this Agreement, then Network Vehicle Hire may cancel any pending orders for new vehicles with immediate effect and shall give the Customer written notice of such action.
3.1 Under this Agreement, Network Vehicle Hire agrees to let, and the Customer agrees to take the Vehicle on hire for the Term.
3.2 The Term of each Vehicle shall commence on the date that the vehicle is delivered to the Customer or, if earlier, the date the Customer is notified that the Vehicle is available for delivery but has not arranged to accept delivery. 3.3 During the Term Network Vehicle Hire shall accept the cost of, and arrange for payment of the Road Fund Licence.
3.4 Network Vehicle Hire reserves the right to replace the Vehicle at any time during the Extended Term or any other extension to the original Term with an equivalent vehicle within the same category as the Vehicle.
4.1 The Customer shall pay to Network Vehicle Hire the Rentals, as specified in the Rental Agreement on the first day of each Rental Period of the Term payable in advance.
4.2 The Customer must pay invoices on their due dates and Network Vehicle Hire may charge interest on any unpaid invoice at the rate of 5 per cent per annum above Finance House Base Rate as published from time to time from the due date until such time as Network Vehicle Hire has received full payment.
4.3 The Customer must pay reasonable administration costs and expenses (including legal expenses reasonably and properly incurred) that Network Vehicle Hire incurs as a direct result of the Customer's failure to comply with any term of this Agreement.
4.4 The Customer will pay VAT on all Rentals and any other amounts due under this Agreement upon which VAT is chargeable, at the applicable rate.
4.5 It is a condition of this Agreement that, unless alternative payment methods have been agreed in another agreement Network Vehicle Hire may have with the Customer, the Customer shall maintain a mandate to its bankers to enable Network Vehicle Hire to collect by direct debit all amounts which may become due from the Customer under this Agreement. Any payment to be made by the Customer which cannot be collected on first demand by direct debit shall carry Network Vehicle Hire’s reasonable administration fee as advised to the Customer from time to time.
4.6 In the event that either:
4.6.1 Network Vehicle Hire has met the cost of any Services where any condition in relation to the provision of such Services has not been satisfied; or
4.6.2 Network Vehicle Hire has accepted the cost of any item which is not included in any of the Services; then the Customer will be required to reimburse Network Vehicle Hire for the cost of such Services and/or item as a Recharge Item.
5.1 The Customer must insure and keep insured the Vehicle, under a fully comprehensive insurance policy (or where agreed in writing by Network Vehicle Hire a third party, fire and theft policy), against loss or damage, to the Replacement Value of the Vehicle with an excess of no more than £500 or such excess as is approved by Network Vehicle Hire and ensure that the policy of insurance is accurately recorded on the Motor Insurance Database maintained by the Motor Insurance Bureau. No one is permitted to drive the vehicle without valid motor insurance in place.
5.2 The Customer must insure the Vehicle from the time of delivery to the Customer until such time as it is collected by Network Vehicle Hire following termination of the Term.
5.3 Risk in the Vehicle will pass to the Customer upon delivery and remain with the Customer until the Vehicle is collected by Network Vehicle Hire following termination of the Term.
5.4 The Customer must provide evidence to Network Vehicle Hire of the insurance policy upon request.
5.5 The Customer shall not do or allow to be done, anything which may make void or voidable any policy of insurance in respect of the Vehicle.
7.1 The Vehicle may only be used in connection with the Customer's business or the social, domestic and pleasure purposes of any employee or agent duly authorised by the Customer to drive the Vehicle and may only be driven by a driver holding a valid driving licence.
7.2 The Customer must not use the Vehicle for:
7.2.1 any purpose which is illegal, or when unsafe or unfit to drive; 7.2.2 racing, rallying, pace-making, off-road activity, pursuit, surveillance or similar purpose; 7.2.3 taxi, courtesy car or chauffeur services;
7.2.4 hiring or for hire and reward;
7.2.5 a purpose for which the Vehicle is not designed.
7.3 The Customer must allow Network Vehicle Hire and/or its agents to inspect the Vehicle on reasonable notice.
7.4 The Customer must pay all fixed penalty charges, fines, congestion charges or any other penalties in connection with the Vehicle or its use. If Network Vehicle Hire pays or transfers liability to the Customer for any of these amounts the Customer will repay Network Vehicle Hire any amounts so paid and Network Vehicle Hire’s reasonable administration fee as advised to the Customer from time to time.
7.5 The Customer must not sell, assign, sub-hire, charge, or otherwise dispose of or part with possession of the Vehicle.
7.6 The Customer may take the Vehicle outside the United Kingdom with Network Vehicle Hire's prior written consent and must comply with its insurance obligations in Condition 5 ensuring that full mechanical breakdown and accident cover is in place. The Customer will be responsible for the cost of returning the Vehicle to the United Kingdom.
7.7 The Customer must not alter or modify the Vehicle in any way without Network Vehicle Hire's previous written consent unless such alteration or modification is required by law. Alterations include but are not limited to signwriting, affixing trademarks and painting.
7.8 The Customer may, without the necessity of obtaining Network Vehicle Hire’s consent fix easily removable stickers to the windows and/or bodywork, fit an easily removable roof rack, fit towing equipment provided it is in accordance with any recommendations and specifications of the manufacturer of the Vehicle and (if different) the manufacturer of the towing equipment and fit a car telephone and "hands-free" equipment provided such equipment and its use is legal and the fitting does not damage any part of the Vehicle.
7.9 The Customer must remove any and all such items referred to in Condition 7.7 and 7.8 above prior to the return of the Vehicle to Network Vehicle Hire. The costs of any damage caused as a result of such removal will be payable by the Customer as a Recharge Item. The Customer will have no claim against Network Vehicle Hire in respect of any such items not so removed.
7.10 The Customer must reactivate any safety-related equipment that may have been deactivated during the Term.
7.11 Network Vehicle Hire may request the Customer to supply details of the Recorded Mileage from time to time. The Customer must inform Network Vehicle Hire in writing of the Recorded Mileage and the date when such Recorded Mileage was read from the odometer within five Working Days of Network Vehicle Hire making the request.
7.12 If, for any reason, the odometer fails to work properly at any time during the Term, the Customer must advise Network Vehicle Hire immediately of such failure and the Recorded Mileage at that date, arrange for the immediate repair or replacement of the odometer and advise Network Vehicle Hire immediately when the odometer has been repaired or replaced. In the event of an odometer failure, the unrecorded mileage will be calculated on a pro-rata basis.
8.1 Network Vehicle Hire shall provide the Services described in the attached Appendix which are included in the Rental shown on the Rental Agreement.
9.1 The Customer may upon 3 Working Days notice to Network Vehicle Hire in writing terminate the hire of a Vehicle. Where the Term is terminated before 31 days hire, the Customer shall pay Network Vehicle Hire an amount equal to the difference between the Rentals paid and the Rentals that would have been payable for the actual Term of the Vehicle hire as stated in the Daily Rental Tariff.
9.2 If the Vehicle is lost, stolen or damaged and is declared to be a total loss by the Insurers the Term shall terminate on the date of receipt of the full Replacement Value of the Vehicle. The Customer shall pay to Network Vehicle Hire an amount equivalent to the Replacement Value of the Vehicle together with the balance that arises, if any, from deducting the amount received as
Replacement Value from the amount that would be produced as a Termination Payment and such amounts shall be payable 7 days after the date of termination. For the purposes of calculation, the Proceeds of Sale shall be the net salvage proceeds (which may be nil) or nil if the Vehicle is lost or stolen.
10.1 On the expiration or on the termination of the Term the Customer will no longer have Network Vehicle Hire's consent to retain possession of the Vehicles and must notify Network Vehicle Hire when and where the Vehicle will be available for collection. The Customer must provide full co-operation in immediately allowing Network Vehicle Hire to collect the Vehicles. Network Vehicle Hire's collection agent will use its best endeavours to collect the Vehicle no later than the end of the Working Day that collection is agreed. The Customer must ensure that when Network Vehicle Hire’s collection agent attends to collect a Vehicle that it is in a clean condition.
10.2 If Network Vehicle Hire's collection agent attends to collect the Vehicle and for any reason, the Vehicle is not available for collection at the time and place agreed or it is in their opinion not roadworthy, Network Vehicle Hire may cancel the collection and charge the Customer an abortive collection fee as advised to the Customer from time to time.
10.3 Rentals will continue to be payable until the day of the date of collection of the Vehicle by Network Vehicle Hire's collection agent and the Vehicle will remain at the Customer's risk until collection.
10.4 The Customer shall ensure that when Network Vehicle Hire collects or otherwise takes possession of the Vehicle it is in the same order, repair and condition as at the time of delivery.
10.5 The Vehicle will be inspected by Network Vehicle Hire's collection agent at the time of collection. A Vehicle Collection Report will be completed by Network Vehicle Hire's collection agent on Network Vehicle Hire's behalf. Network Vehicle Hire will use reasonable endeavour to ensure that all damage to the vehicle is recorded on collection. If the Vehicle cannot be properly inspected due, but not limited to:
10.5.1 The cleanliness of the vehicle; or
10.5.2 Poor weather conditions
The Vehicle will be re-inspected once the Vehicle has been collected. The total loss or damage on the vehicle with all damage recorded at first inspection plus any additional damage discovered at the re-inspection.
10.6 The Customer will be required to agree and sign the Vehicle Collection Report. Network Vehicle Hire's collection agent will leave a copy of the signed Vehicle Collection Report with the Customer.
10.7 It is the Customer's responsibility to ensure that no personal effects are left in the Vehicle at the time of its collection.
10.8 If in Network Vehicle Hire’s reasonable opinion there is any loss or damage to the Vehicle, identified in the Vehicle Collection Report or on subsequent inspection, the Customer will pay Network Vehicle Hire the reasonable costs of repair or replacement of any part, parts or accessories as a Recharge Item.
10.8.1 Where such costs do not exceed the sum stated in the Network Vehicle Hire Flexible Tariff no payment will be due from the Customer. Where the costs do exceed this amount, the Customer's obligations will be to pay the full costs (and not just the excess).
10.8.2 If Network Vehicle Hire decides for any reason not to undertake any such repair or replacement, Network Vehicle Hire shall be entitled to claim from the Customer, as damages for failure to keep the Vehicle in good repair and condition, an amount equivalent to the estimated cost of such repair or replacement.
10.8.3 If Network Vehicle Hire reasonably considers that the value of the Vehicle to have been adversely affected as a result of substandard repairs carried out by a repairer not approved by Network Vehicle Hire or the lack of evidence in the form of a properly completed service book, then the Customer will pay an amount equal to the resultant loss in value.
11.1 On Network Vehicle Hire’s agreement, on expiry of the Term, the Customer may retain possession of the Vehicle during an Extended Term, on the same terms and conditions as applied during the Term subject to Condition 11.2 below.
11.2 During the Extended Term Network Vehicle Hire may terminate the Extended Term or any of the Services upon seven days notice for mechanical failure, uneconomic repair or service of the Vehicle or due to the level of Services spent at Network Vehicle Hire's sole discretion. Upon termination of the Extended Term, the Customer will no longer have possession of the Vehicle with Network Vehicle Hire's permission and it must immediately arrange for the Vehicle to be available for Network Vehicle Hire's collection
12.1 Upon early termination under Condition 9.2 the termination payment for a Vehicle shall be calculated as an amount equal to the value of the Vehicle in Network Vehicle Hire’s books from time to time.
12.2 Upon termination for default under Condition 14 the Customer shall be charged the Termination Payment specified in Condition 9.1.
12.3 If the Actual Mileage exceeds the Relevant Proportion the Customer shall pay to Network Vehicle Hire the amount which is produced by multiplying such difference by the Excess Mileage Charge. This amount will be calculated and invoiced to the Customer in accordance with the rates and any parameters specified in the Network Vehicle Hire Flexible Tariff.
13.1 Network Vehicle Hire will perform the Services with reasonable care and skill and will only approve service providers to perform the Services who act with reasonable care and skill and in accordance with good industry practice.
13.2 The Customer confirms that they have selected the Vehicle using their own skill and judgement and acknowledge that Network Vehicle Hire has not been given an opportunity to inspect the Vehicle or make representations as to the quality, condition or fitness for any particular purpose of the Vehicle (other than it complies with the order).
13.3 Neither party limits its liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
13.4 Subject to Condition 13.3, neither party will be liable to the other for any:
13.4.1 indirect, special or consequential loss or damage (whether caused by a breach of contract, tort, statutory duty or howsoever caused); or 13.4.2 direct or indirect loss of profits, turnover, business opportunities or damage to goodwill.
13.5 Network Vehicle Hire shall, upon the Customer’s request and in so far as it is able, transfer or assign to the Customer all rights and claims (warranty, guarantee and otherwise) towards vehicle suppliers or manufacturers. Network Vehicle Hire shall not be liable for any third-party claim, loss, injury or damage sustained to persons or property (including but not limited to the Vehicle) by reason of:
13.5.1 fitness for the purpose and/or defects to the Vehicle; 13.5.2 non-compliance by the Customer with any obligation pursuant to this Agreement; 13.5.3 actions of third parties;
13.5.4 infringement by the Customer or driver on behalf of the Customer of legislation and regulations in force; 13.5.5 all liabilities and implied terms under the Supply of Goods and Services Act 1982, other than Section 2 (Title).
13.6 The Customer shall be solely responsible and liable and shall indemnify Network Vehicle Hire fully against any third party claim, loss, damage cost or injury (including death) of any nature, direct or consequential, in connection with the use of the Vehicle.
14.1 If any one or more of the following occurs:
14.1.1 the Customer does not pay any Rental or other amount owing to Network Vehicle Hire under this Agreement or any other agreement Network Vehicle Hire may have with the Customer on its due date; or
14.1.2 the Customer is in material breach of any of the other terms of this Agreement or any other agreement Network Vehicle Hire may have with the Customer, and where such breach is capable of being remedied, it has not been remedied to Network Vehicle Hire's satisfaction within a period of 14 days from the date of Network Vehicle Hire's written notice to the Customer advising of such breach; or
14.1.3 the Customer has given Network Vehicle Hire any material information, in connection with this Agreement or any other agreement Network Vehicle Hire may have with the Customer, which Network Vehicle Hire has reasonable grounds to believe is false or misleading; or
14.1.4 Network Vehicle Hire has reasonable grounds for believing that its interest in any Vehicle is at risk or the Customer fails Network Vehicle Hire’s continuing customer due diligence screening; Network Vehicle Hire shall be entitled to terminate the hire of any Vehicle which are at that time current. Termination may be by written notice or by the act of retaking possession of a Vehicle. Any such termination shall not affect any other rights which Network Vehicle Hire may have
14.2 If Network Vehicle Hire is in material breach of any material terms of this Agreement, and where such breach is capable of being remedied it has not been remedied within a period of 30 days from the date of Customer's written notice to Network Vehicle Hire advising of such breach, the Customer may upon 7 days notice to Network Vehicle Hire and payment of the relevant Termination Payment terminate the hire of any Vehicles.
14.3 This Agreement may terminate immediately when any one or more of the following events occurs;
14.3.1 a petition for an Administration Order or the winding-up of either party is presented or any resolution is proposed for such winding-up, or a receiver, administrative receiver or administrator is appointed over any of its assets (except where any of these events are a part of a scheme of bona fide reconstruction or amalgamation where the emergent company is accepted by Network Vehicle Hire’s credit committee and it agrees to be bound under this Agreement in the same way as its predecessor hereunder); or
14.3.2 the party is unable to pay its debts as defined in Section 123 of the Insolvency Act 1986 or proposes any voluntary arrangement with or calls a meeting of its creditors or makes a deed of assignment or arrangement in favour of, or compounds with or signs a trust deed for or on behalf of its creditors; or
14.3.3 the party ceases to trade or threatens to cease to trade.
14.4 Upon termination of this Agreement under Condition 14.3 by the Customer, all Vehicles on hire at the time of termination shall continue in accordance with these terms. Upon termination of this Agreement under Condition 14.3 by Network Vehicle Hire, any or all Vehicles on hire may terminate at Network Vehicle Hire’s discretion.
15.1 The Customer shall pay to Network Vehicle Hire, in respect of each Vehicle hire terminated under Condition 14;
15.1.1 all Rentals and other amounts which have fallen due but are unpaid as at the date of termination; and
15.1.2 damages for any loss Network Vehicle Hire suffers as a result of any breach of the Customer's obligations; and 15.1.3 by way of agreed liquidated damages the Termination Payment; and
15.1.4 any reasonable administrative costs and expenses incurred by Network Vehicle Hire as a result of the Customer's breach in accordance with Condition 4.5; and
15.1.5 interest on all amounts due in accordance with Condition 4.4.
15.2 The Customer's obligation as to payment of any amounts under this Condition 15 will continue, even though the Agreement may have terminated.
16.1 Change of Address: The Customer must inform Network Vehicle Hire immediately in writing if the Customer or any Group Company changes to address, giving Network Vehicle Hire details of the new address.
16.2 Change of Name: The Customer must inform Network Vehicle Hire immediately in writing of any change of name of itself or any Group Company and supply a copy Certificate of Change of Name as soon as it is issued by Companies' House.
16.3 Transfer of Rights.
16.3.1 Neither Party may transfer, assign or deal in any other manner with the Agreement or any of its rights and obligations under this Agreement, or purport to do the same unless with the consent of the other party except if such assignment takes place under or in connection with a securitisation transaction by Network Vehicle Hire.
16.3.2 Network Vehicle Hire may sub-contract any of its rights and/or responsibilities under this Agreement to any other person at any time. Any such transfer will not affect the Customer's rights or obligations under the Agreement.
16.4 Indulgence.Network Vehicle Hire may decide, from time to time, not to enforce some or all of its rights and if it does, it will not be prevented from subsequently enforcing those or other rights.
16.5 Rights of Third Parties.This Agreement does not create any rights in favour of any person who is not a party to this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply.
16.6 Whole Agreement.The parties agree that the terms of this Agreement and Appendix and any other written agreement signed by both parties and expressed to be supplemental to this Agreement represent the whole of the agreement between the parties in respect of the hire of the Vehicles. In particular, if for any reason the Customer has placed an order for a Vehicle on terms other than those set out in this Agreement, then the acceptance of such an order by Network Vehicle Hire shall not constitute acceptance of an offer on the Customer's terms or a variation of the terms of this Agreement. Any such order shall be accepted by Network Vehicle Hire only on the terms set out in this Agreement.
16.7 Force Majeure. Force Majeure means an event or sequence of events beyond a party's reasonable control preventing or delaying it from performing its obligations hereunder. Inability to pay is not Force Majeure. If, due to Force Majeure, a party:
16.7.1 is or is likely to be unable to perform a material obligation, or
16.7.2 is or is likely to be delayed in or prevented from performing its obligations for a continuous period of more than 30 Working Days, the parties will, within 20 days, renegotiate this Agreement to achieve, as near as possible, its original commercial intent.
16.8 Notices.Unless Network Vehicle Hire has indicated otherwise in this Agreement, any notice or other written communication to be given by either party to the other may be delivered by hand or sent by first-class post or recorded delivery to the address from time to time notified to the other party. In proving service, it shall be sufficient to show a receipt or that the letter containing the notice was properly addressed, stamped and posted by first-class mail or proof of delivery.
16.9 Choice of Law and Jurisdiction.This Agreement (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by English law. Nothing in this Condition 16.9 shall prevent Network Vehicle Hire from seeking from any court of the competent jurisdiction an order for possession of the vehicle or an interim order restraining the Customer from doing any act or compelling the Customer to do any act.
16.10 Data Protection:
16.10.1 The Network Vehicle Hire Privacy Notice which relates to the processing of personal data under applicable data protection laws is available here www.networkvehiclehire.com/en-gb/privacy-statement. It applies to the personal data of the Drivers of all Vehicles and of all individuals who are contacts at the Customer for the purposes of the arrangements between Network Vehicle Hire and the Customer in relation to this Agreement.
16.10.2 Except where otherwise indicated all terms in this Condition 16.10 have the meanings set out in applicable data protection laws.
16.10.3 Each party acknowledges and agrees that it is data controller independent of the other in respect of the processing of the personal data more particularly referred to in Condition 16.10.1 performed by itself or on its behalf under this Agreement.
16.10.4 When processing the personal data each party shall comply at all times with its obligations under the applicable data protection laws. Neither party shall by its act or omission put the other party in breach of its own obligations under the applicable data protection laws. Nothing in this Agreement shall be deemed to prevent either party from taking the steps it reasonably deems necessary, including continuing credit assessments of the Customer and connected persons.
16.10.5 Each party shall implement technical and organisational measures to ensure a level of security appropriate to the risk presented by processing the personal data, in particular from an accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the personal data, in accordance with applicable data protection laws, including having regard to the risk of varying likelihood and severity for the rights and freedoms of data subjects.
16.10.6 The Customer undertakes to provide the URL link to the Network Vehicle Hire Privacy Notice to all of the data subjects more particularly referred to in Condition 16.10.1 prior to causing or permitting their personal data to be disclosed or otherwise made available to Network Vehicle Hire whether by the Customer, its officers or employees, and/or the data subject or by any other person.
16.10.7 The Customer shall be solely responsible for and hold Network Vehicle Hire fully indemnified against any loss, damage or injury of any nature whatsoever, direct or consequential, suffered as a result of any breach by the Customer of Condition 16.10.6 above.
6.11 Electronic Processes
16.11.1 Where Network Vehicle Hire provides the Customer with access to electronic tools such as reporting systems the Customer acknowledges that its use is on a non-exclusive, non-transferable licence only and that any copyright or other intellectual property rights of whatsoever nature that subsist or may subsist in such software or programmes are and shall remain the property of Network Vehicle Hire absolutely.
16.11.2 Where passwords are provided by Network Vehicle Hire to enable access, these shall be provided to employees or authorised users of the Customer and it shall not permit any other person to use such passwords. Upon termination of this Agreement all permissions to use such electronic tools will cease and access shall be immediately withdrawn. 16.11.3 In addition, the parties hereby agree that any of the procedures outlined in the terms and conditions of this Agreement can be affected by the use of electronic media including but not limited to electronic signatures and the use of such media will not invalidate any of such terms and conditions.
16.12 Severability. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
16.13 Confidentiality. Neither party will, without the other’s prior written consent, disclose the terms of this Agreement or any information relating to the customers, products, pricing, business or affairs of the other party which is obviously confidential or has been identified by the other party as such, all such matters together are termed Confidential Information. Neither party will use the other’s Confidential Information except as required to perform this Agreement.
17.1 Condition headings are for ease of reference only.
17.2 Words importing the plural shall include the singular and vice versa.
17.3 References to any statute or statutory provision include any statute or statutory provision that amends, extends, consolidates or replaces the same and any regulations or other subordinate legislation under that statute.
17.4 References to this Agreement or any other document shall be interpreted as references to this Agreement or that document as may be amended, supplemented, novated or substituted from time to time.
17.5 Any amendment to this Agreement, or any purported variation to its terms, shall only be effective if in writing and signed by both parties.
17.6 This Agreement shall apply to the Vehicles delivered to the Customer whether before or after the date of this Agreement.
17.7 In Scotland and Northern Ireland, this Agreement shall be interpreted so that any expression which is not in current use in those countries shall be given the nearest equivalent meaning.