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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