car hire agreement kenya
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CAR HIRE TERMS AND CONDITIONS
2018-2019
Vehicle Registration……………………………
Owner ………………………………………………
Date of agreement signing…../…./……
Commencement of Lease …./……/……
Expiry of Lease …./…../……
COMPANY SEAL
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CAR HIRE AGREEMENT
This Agreement is made the ……..day of …../20….. between FIRST WORLD
LIMITED of Post Office Box Number 0790395476-00100 Nairobi in the Republic of
Kenya (hereinafter referred to as “COMPANY” which expression shall where the
context so admits include her heirs or assigns) of the one part AND
……………………………………………………………..of Post Office Box
……………………………………………. in the said Republic (hereinafter referred to as
“THE CAR OWNER” which expression shall where the context so admits include his
heirs or assigns) of the other part.
CAR OWNER DETAILS
Name: …………………………………….. ID NO …………………………… Phone
………………………………… Alternative Tel ………………………………………….
BOX ………………………………………. Area of Residence
……………………………….
NEXT OF KIN DETAILS
Name: …………………………….. ID NO ……………………… relationship
………………………………. Mobile number …………………………
SIGN …………………………………….. DATE …………………………..
ADVOCATE STAMP……………………………………………
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WHEREAS
FIRST WORLD LIMITED a fully registered company offering various
services. While the car owner owns a registered car…………………………
and willingly, voluntarily engages the company to hire his/her car for an
agreed amount of KES …………………. (In words) ……….…..
………………………………….Thousands only, paid 5-12 days in arrears
after 30 (Thirty)days. Weekly option ksh ………..../- only.
a) In this Agreement, words importing the singular shall include the
plural and vice versa.
b)
Headings in this Agreement are for ease of reference only and shall
not affect its interpretation.
NOW THIS AGREEMENT WITNESSED AND IT IS HEREBY AGREED
AND DECLARED as follows:
The COMPANY represents and warrants to the CAR OWNER that:
a) It has power and authority to execute deliver and perform its
obligations under this Agreement and any Related Document and
all necessary action has been taken (and not revoked) to authorise
the execution delivery and performance of this Agreement and any
Related Document; and subject to all applicable insolvency laws
this Agreement constitutes, and any Related Document is or when
executed and delivered will be, its valid and legally binding
obligation enforceable in accordance with the terms thereof;
b) The execution delivery and performance of this Agreement and any
Related Document do not and will not:
(i) contravene any law, regulation, directive, judgment or order
to which it is subject; or
(ii) result in any actual or potential breach of or default under
any obligation agreement instrument or Consent to which it
is a party or by which it is bound or which it requires to
carry on its business; or
(iii) Contravene any provision of its memorandum and articles of
association and/or statutes and/or constitutional
documents.
c) It has obtained and complied with all Material Consents (and the
same are in full force and effect).
d) All factual information supplied to the CAR OWNER in
contemplation or for the purpose of this Agreement or was true
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and accurate in all material respects as at its date and did not omit
anything material and all projections and statements of belief and
opinion given by the COMPANY to the CAR OWNER were made
honestly and in good faith after due and careful enquiry and
remain valid.
SCOPE AND MANNER OF SERVICES
a) Outsourcing funds from willing investors with a return
of 3% interest of the principal invested per month.
b) Offering soft loan with a logbook as the security.
c) Offering emergency loans using Title deed as security.
d) Cars hire services.
e) Vehicle importation.
f) Vehicle financing
g) Car track installation
h) Insurance services
CAR OWNER AND THE COMPANY WARRANTY
1. The CAR OWNER willingly agrees to engage the COMPANY to use
his/ her car for HIRE services.
2. The Company hires and rents from the car owner the above named vehicle whose
particulars are as shown here below and subject to the terms and conditions
attached to this agreement.
3. This lease shall be in effect for a term of…………………. (In
words………………………………….)MONTHS (Minimum 3 months) and shall
not be terminated until its completion, commencing from………………….
terminating on ……………………. The company shall not count 2 days in full
(48 hours) after signing of this agreement on the first month only. Rates are
subject to change without notice. This is to allow the company asses the vehicle
before it is released to our clients. All cars brought without comprehensive
insurance or car track gadget shall be subjected to additional uncounted days until
the insurance or car track is fixed.
4. The said car shall be used to operate the car hire services within the republic of
Kenya. The said hiring is self-drive.
5. The car owner is at no liberty to repossess his/her car from our client without our
permission, in case of such event, the car owner shall forfeit any unpaid dues
hence, pay the company 2 (two)full months of his/her payment as agreed.
6. The company shall be responsible for the costs of all fuel, toll charges, cars
cleaning, driver’s salaries and meal allowances. The car owner shall be
responsible for minor and major services, e.g. oil, oil filters; air cleaner plugs. The
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company has an option of servicing the vehicle and later deducts the accrued
expenses at the end of the month from the car owner’s commission. Major parts
include; Springs, faded paints, Tires, Engine, Gear box or any repair that is as a
result of tear and wear. The company has an option to repair the car in case of an
emergency and debit to the owners account and be notified before or after.
Service pertaining brakes, lights, oil change, plugs will be repaired by the
company with an option of either informing the car owner before or after. By
signing this contract in full, the company has full authority to repair any arising
minor repair. The company shall not count the days the car shall be in the garage
for repairs. If the owner takes his/her car for repair, then exceeds more than 3
(three) days, the company shall assume the car owner has reposed his/ her vehicle
without notice. The company shall not pay any due amount since it will consider
the car owner has breached this contract without notice.
7. The company shall have the option to fit car track gadget at the car owners cost.
The car owner shall reimburse the company for this cost in installments to be
agreed on. The car owner must ensure all details to track the vehicle have been
supplied to the Company since the vehicle cannot operate without the tracking
gadget.
8. The Car Owner shall be responsible for costs of statutory licenses and
comprehensive insurance in case of an accident, theft and any other insurance
charges such as excess premium. In case of an accident, the car owner shall be
responsible for towing the vehicle to the insurance garages at his/her cost.
9. The car owner shall pay all insurance premiums including excess. The car owner
shall not harass our client directly or indirect in case of an accident, or during the
hired period of this lease. In such event where the car owner does so, the company
shall terminate this contract immediately.
10. The car owner is prohibited to track and immobilize his/her vehicle without the
consent of the company while the vehicle is on use by our client. In such event,
the company shall assume the car owner has taken charge of his/her vehicle and
has breached this agreement in full. Breach of contract shall result to non
payments of dues.
11. The car owner shall not harass staff of First World Limited in case of delay in
payments, or, repair and maintenance in an event where the car owner finds
his/her car in bad condition during the hired period. The company has the right to
repair the hired vehicle in its own convenient time without disrupting the
operation of the business or informing the car owner if the expenses are less than
ksh10,000.00 ( Ten thousand), provided its wear and tear. For major repair
exceeding ksh10,001.00(Ten thousand and one) the company shall inform the
owner. The car owner in such event shall have no right to demand the repairs of
his/her car while the contract is still in force. Whereas, the company shall return
the hired vehicle in good condition after expiry of the agreed period, except for
reasonable wear and tear. In an event where the car owner harass our staff or
refuse to accept expenses incurred by his/her car, the company shall terminate the
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contract with immediate effect without written notice, hence pay the car owner
30% of the total commission made by his/her car during that month.
12. The company shall not be responsible for Bumpers tear & wear.
13. For instance, if the car owner requires his/her car for personal use, he/she shall be
debited the days taken as per the company charging policies or be given another
vehicle to use.
14. The company shall deduct an amount equivalent to 2 days after every 2months
being accumulation of hours the vehicle has been on garage for minor service
repairs.
15. This lease shall be binding upon and inure to the benefit of the parties, their
successors, assigns and personal representatives.
16. The company further agrees that: Upon the expiration of the lease it shall return
possession of the hired car in good condition, except for reasonable wear and tear.
17. If either party wishes to terminate this contract they may do so by giving 1(one)
month written notice. Otherwise failure to give a proper notice shall attract a
penalty of 1 full month. The notice shall be valid if it was written after 30 (Thirty)
days while the vehicle was still working.
18. Additional Hire terms:
1. (1)DISPUTE RESOLUTION
In case of any dispute from either party, both parties agree to settle
the matter out of court through arbitration.
(2) ARBITRATION-DIFFERENCE TO BE REFERRED
Whenever any differences arise between the COMPANY on the one
hand,
and the CAR OWNER, or assigns on the other hand touching the
true intent or construction, or the incidents or consequences of
these Agreement, or of the statues, or touching anything then or
thereafter done, executed, omitted, or suffered in pursuance of
these agreement, or of the statutes touching any breach or alleged
breach, of this Agreement or any claim of account of any search
breach or alleged, or otherwise relating this Agreement or to any
statutes affecting the company, or to any affairs of,
the company, every search difference shall be referred to the
decision of an arbitrator, to be appointed by the parties in
difference, or if they
Cannot agree upon a single arbitrator to the decision to two
arbitrators, of whom one shall be appointed by each of the parties
in difference.
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3. FORCE MAJEURE
A party shall not be liable for any failure of or delay in the
performance of this Agreement for the period that such failure or
delay is due to causes beyond its reasonable control, including but
not limited to acts of God, war, strikes or labor disputes
embargoes, Government Orders or any other force majeure event.
After signing this contract the THE HIRER shall not be liable to the
CAR OWNER for delay in performing or failure to perform
obligationsIf the delay or failure results from circumstances
beyond control of the company, act of God, fire, curfew, state of
emergency. In case of such events,the company shall not be liable.
4. GOVERNING LAW
This agreement shall be governed by and construed in all respects
under the laws of Kenya, without reference to its conflicts of laws
rules or principles. Any appeal, action, proceeding or litigation
arising out of the arbitration process or relating to this Agreement
shall be brought and prosecuted only in civil courts in Kenya. The
parties hereby irrevocably and unconditionally consent to the
jurisdiction of each court within the county of Nairobi where the
business was conducted and service of process by registered or
certified mail, return receipt requested or by any other manner
provided by applicable law, and hereby irrevocably and
unconditionally waive any right to claim that any suit, action,
Proceeding or litigation so commenced has been commenced in an
inconvenient forum.
This Agreement and the other Agreements referenced herein
contain the entire understanding between the parties hereto with
respect to the subject offering and may not be modified or
amended except by writing duly signed by the party against whom
enforcement of the modification or amendment is sought.
Fees, costs and expenses payable under or pursuant to this
Agreement shall be inclusive of any value added tax or similar
taxes chargeable on them, which shall accordingly be payable in
addition.
5. ACCEPTANCE
The CAR OWNER hereby accepts this agreement subject to the
above terms covenants conditions restriction provisions stipulation
and agreements contained herein. The CAR OWNER accepts that
the follow up will only be done by the CAR OWNER, and no third
party should engage in any follow up whatsoever, unless the CAR
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OWNER has passed on. The CAR OWNER accepts that his/her
contract copy must be witnessed by a registered advocate in the
republic of KENYA. In an event of withdrawal of the said vehicle, a
notice shall be given to the COMPANY 1 (One) month or pay the
company 1 full month in lieu.
6. WAIVERS
No delay or omission on the part of the HIRER in exercising any
right or remedy under this Agreement shall impair that right or
remedy or operate as or be taken to be a waiver of it, nor shall any
single partial or defective exercise by the COMPANYor any such
right or remedy preclude any other or further exercise under this
Agreement of that or any other right or remedy. The remedies
provided in this Agreement are cumulative and are not exclusive of
any remedies provided by law.
7. SEVERANCE
If at any time any of the provisions of this Agreement is or becomes
illegal, invalid or unenforceable in any respect under any law or
regulation of any jurisdiction, neither the legality, validity and
enforceability of the remaining provisions of this Agreement nor the
legality, validity or enforceability of such provision under the law of
any other jurisdiction shall be in any way affected or impaired as a
result.
SCHEDULE
Vehicle particulars as per the attached copy of logbook, copy of ID of the person signing
this agreement.
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VEHICLE CHECKLIST
SPECIFICATION CONDITION REMARKS RECOMMENDATION
CUT OFF
INSURANCE COVER
WHEELS
SPARE WHEEL
ALARM
CAR TRACK
COLOUR
SERVICE DUE DATE
DENTS
IGNATION
WINDOWS TINT
WINDOWS BUTTON
CENTRAL LOCK
DOOR LOCK
BONNET & BOOT
BODY
A/C
RADIO
JERK/ROLLER
WHEEL SPANNER
LIFE SAVER/FIRE
EXT/FIRST AID KIT
BATTERY SERIAL NO.
CAR TRACK
I AUTHORIZE my vehicle registration ………………….. to be fitted with tracking gadget at
KES……………../- AND I be deducted for ………………..weeks at ……….../- amount per week.
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This agreement shall be governed by the laws of Kenya.
IN WITNESS WHEREOF this agreement has been duly executed by the
parties the day and year first herein before written.
SIGNEDby the CAR OWNER
……………………………………………..
)
) ………………………………….
)
)ID No……………………………
)
Representative of the COMPANY )
Samuel M.Maina )
)
) …………………………………..
)
) Company stamp
WITNESSED AN ADVOCATE ……………………………………………………….
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