VEHICLE RENTAL CONTRACT
BETWEEN
Action Against Hunger Mission, having its registered office at XXX Office address,
represented by XXX, Title
hereinafter referred to as “Action Against Hunger” or “the LESSEE”
AND
MR XXXX, living in [ Lessor’s address]
or Company… having its registered office at XX …. and represented by XX…
hereinafter referred to as “OWNER” or “LESSOR”
Both parties hereby agree to the following conditions:
Article 1 Scope of the Contract
The object of the contract is the rental of the following vehicles:
Model Plate Number Engine Number Chassis Number
1
2
3
The Lessor warrants that the vehicles so leased are his property and commits to provide Action Against Hunger with the relevant documents that prove his ownership.
Article 2 Contract Term
This contract is valid for the period of one (1) month, starting on …………..
The parties may decide to renew the contract by tacit mutual agreement. In such case, each party will have the right to terminate the contract with a written prior notice, given at least seven (7) days before the wished termination date.
Article 3 Terms of use
These vehicles will be located in City / District / Region / Province.
The vehicles may be temporary used outside of this province.
The vehicles are fully dedicated to the use of Action Against Hunger and cannot be used for any other purpose during the contract term.
Action Against Hunger may therefore use these vehicles at anytime during day or night.
The vehicles will be parked in Action Against Hunger’s compound after working hours and during days off. (To update if necessary)
Mileage at beginning of rental period is (specify for each vehicles if there are more than one)
It is agreed that Action Against Hunger will use the vehicles without restriction of mileage.
Only the driver employed by the owner is authorised to drive the vehicle.
OR
Action Against Hunger commits to have only selected and experienced drivers to drive the vehicles.
Article 4 Driver (optional)
The owner will assign a driver for each vehicle.
The driver must have a valid driving license and has to be approved by the Action Against Hunger.
The driver has to respect the instructions given by Action Against Hunger and commits to respect:
- Action Against Hunger’s internal regulations
- Action Against Hunger’s job description for drivers
The owner cannot replace a driver without Action Against Hunger’s prior agreement.
In case the assigned and approved driver is not available anymore, the Owner commits to assign a new driver within one (1) day. The new driver will also need to be approved by Action Against Hunger.
The driver is the owner’s employee und remain under his responsibility.
The owner therefore commits himself on behalf of its drivers and commits to hire and pay them honestly.
The owner also guarantees that the drivers are fully covered by a proper Insurance contract.
The owner will have to refund any damage or lost caused by the misbehaviour of the driver.
If a driver is requested to drive and travel overnight for field trips, Action Against Hunger will provide the driver with accommodation for the night and / or pay him a food / hotel allowance (to complete / update)
The driver is responsible for the vehicle. The driver must refuse any instruction, which could jeopardise the safety of the vehicle or passengers,. Therefore, Action Against Hunger will not accept any claim regarding a potential misuse of the vehicle.
Article 5 State of Repair
The Owner represents that to the best of his knowledge and belief that said vehicles are in
sound and safe condition and free of any known faults or defects which would affect their
safe operation under normal use.
If the car is rented WITH a driver, keep the following:
The vehicle being rented by the Owner with a driver, the driver remains the sole person responsible for the state of the vehicles.
Any accident or collision will be the driver’s responsibility and the Owner cannot claim any repair reimbursement to Action Against Hunger.
If the car is rented WITHOUT a driver, keep the following:
A detailed inventory and report on state of repair will be jointly filled out by the Parties and attached as an appendix to the present Contract
This report will be used at the end of the rental period as a basis for inventory.
Article 6 Insurance and Legal Formalities
6.1 – Insurance:
The owner shall make the vehicle insured under a comprehensive insurance contract, which covers accidents and legal liability for the vehicle, the driver and passengers.
The owner commits to provide Action Against Hunger with a copy of the Insurance certificate for each rented vehicle.
The insurance costs are included in the monthly rent. (TO CHECK)
6.2 - Legal Formalities:
The owner is responsible for registering the vehicles with the relevant Authorities and has to make sure that the vehicles have all the necessary documentation according to the rules and laws of Country Mission.
The owner also commits to pay and be up to date on payment of all taxes and duties relating to the vehicles.
Article 7 Documentation
The Owner commits to provide Action Against Hunger with a copy of the following documents: (To update according to the lease agreement and according to the local standard legal forms)
- An ownership certificate showing the owner’s name
- A copy of the Owner’s Identity Card
- A copy of the driver’s driving license
- An insurance certificate for the vehicles and the passengers
- The last Maintenance certificate / Technical check certificate
- A copy of the travel authorization
Attach all documents as appendixes to this Contract.
Article 8 Obligations of Action Against Hunger
Keep the following paragraph ONLY if the car is rented WITHOUT a driver (otherwise, all the points below are the driver’s responsibility):
Action Against Hunger commits
(a) To have only selected and experienced drivers among Action Against Hunger employees drive the rented vehicles,
(b) not to use the vehicle for any illegal purpose;
(c) not to operate the vehicle in a negligent manner;
(d) not to permit the vehicles to be operated by any other person without the written permission of the owner;
(e) not to carry passengers, property or materials in excess of the rated weight carrying capacity of the vehicles.
(f) To inform the owner as soon as possible in case of breakdown or accident
Keep the following if the vehicle is rented WITH a driver:
Action Against Hunger commits :
- to provide the fuel for the use of the vehicle (KEEP IF APPLICABLE)
- not to let anyone else than the Owner’s designated driver to drive the vehicle
- to inform the Owner immediately in case of accident or breakdown
Article 9 Specifics conditions
The owner declares to understand the humanitarian purpose of the activities of Action Against Hunger and agrees that the working principles related to the neutrality and impartiality of the organisation will fully apply during the contract period.
Action Against Hunger’s visibility material such as stickers and flags might be placed on the vehicles; HF or VHF radios with antennas may also be installed inside the vehicles.
No passengers and no goods should be transported in the vehicle without the previous authorisation of Action Against Hunger.
Action Against Hunger cannot be hold responsible for:
• Any material or physical damage that could happen due to an accident
• Natural disaster and war acts
• Banditry acts
Article 10 Maintenance
The owner is responsible for all repairs and maintenance on the vehicle. The owner has to take immediate action to maintain and repair the vehicle.
Maintenance has to be done during days off.
Maintenance days will be agreed upon by Action Against Hunger.
Action Against Hunger will not pay the days of immobilisation during working days. The base for calculation of deduction is 21 working day per month
Specify if Action Against Hunger is responsible for some specific maintenance, for instance:
Action Against Hunger is responsible for reparation of inner tubes and addition of fluids under the supervision of the driver.
Article 11 Rental cost and payment
Keep if applicable: (rental WITH a driver may be done without a deposit)
Action Against Hunger will make a deposit of Currency + Amount in Letters (Amount in figures).
This deposit will be used to retain any amount due by Action Against Hunger at the end of the contract. If no amount is due by Action Against Hunger for repairs, then the Owner commits to turn the money back to Action Against Hunger within one (1) week after Action Against Hunger has turned the car(s) back.
The monthly rental cost is Eight hundreds US dollars (USD 800) per vehicle, VAT included / excluded.
This rent price is effective from the date of signature and is firm for the total Contract term.
Furthermore, this price includes all taxes and applicable fees.
Any other taxes, charges and fees which may be imposed by the Authorities on the vehicles will be paid by the Owner.
The monthly rent will be paid by Action Against Hunger at the end of each month., by wire transfer / check / cash
The owner will give a receipt to Action Against Hunger’s representative for each received payment.
The monthly rental cost includes:
- Use and immobilisation of the vehicle
- Maintenance and reparation charges
- Salary and charges of the driver
- Wear of the vehicle
- Insurance for the vehicle and passengers
In case Action Against Hunger has to spend funds to maintain or repair the vehicle, these amounts will be deducted from the rental payment.
Article 12 Return of vehicle
At the end of the rental period, the Owner will try out the vehicle with an Action Against Hunger representative, to check if the vehicle is in good working order.
Keep the following only if there is NO DRIVER:
If required, Action Against Hunger commits to pay for repairs, in order to return the vehicle in the same state as it was provided at the start of the rental contract, based on the initial report of state of repair.
Article 13 Termination
13.1 - Termination for convenience:
Either party can terminate this Rental Contract at any time, without cause, by sending a written notice with proof of delivery to the other party, with a minimum of fifteen (15) day notice.
13.2 - Termination for breach:
Each party may terminate this Rental Contract without compensation if the other party breaches any material term of this Agreement and fails to cure the breach within seven (7) calendar days after written notice thereof.
Breach by the Owner includes not maintaining the vehicle to an acceptable level of safety.
Breach by Action Against Hunger includes not paying the rent on time.
13.3 - Termination for Cause:
Considering Action Against Hunger’s core activities, some specific situations can force Action Against Hunger to stop its programs on very short notice. Such causes include:
- The kidnapping or the killing of any Action Against Hunger staff (local and expatriate).
- A threat or an attempt to undertake either of the above.
- General insecurity in Country / city name preventing Action Against Hunger staff (local and expatriate) from undertaking their normal work activities, or forcing the Action Against Hunger team to evacuate.
In such cases, Action Against Hunger can decide at any time to stop the rental without compensating the owner at all, with a simple written notice.
Also, Action Against Hunger’s programs are funded by donors. Action Against Hunger can decide at any time to stop their programs and therefore stop the rental without compensation if the Donors who fund the Action Against Hunger programs decide to stop funding them.
13.4 - Termination for Force Majeure:
“Force majeure” means all events which are beyond the control of the parties to this Agreement and which are unforeseen or foreseen unavoidable, and which prevent totally or in part the performance by any party.
The party encountering “Force Majeure” shall promptly inform the other party in writing and shall furnish appropriate proof of the occurrence and duration of “Force Majeure”. If such delay continues for a period exceeding one (1) month, then either party may terminate this Agreement immediately without further notice.
In case of termination of the contract before the expiration date, the payment due will be calculated according to duration of utilisation of the car, any day started being counted as a full day.
Article 14 Applicable Law
The law and regulations of Mission Country govern this contract.
As far as possible, Action Against Hunger favour out-of-court (amicable) settlement of litigation with the supplier.
When amicable settlement is not possible, arbitration will be made by relevant jurisdiction of Mission’s Capital city.
This contract has been signed in two original copies in English, one for the owner and one the other for Action Against Hunger
Action Against Hunger
Represented by _________________
Signature : __________________
Date : __________________
The Owner:
Represented by _________________
Signature : __________________
Date : __________________
APPENDIXES
Appendix A: Report on State of Repair
Appendix B: Equipment & Accessories inventory
Appendix C: Action Against Hunger Good Business Practices
Appendix A :
Report on state of repair:
Keep ONLY if the car is rented WITHOUT a driver
Use a drawing as shown below to point all scratches, bumps, broken parts, etc…
Ideally include pictures of the real vehicles.
(Back)
(Front)
Appendix B :
Equipment & Accessories Inventory
Keep ONLY if the car is rented WITHOUT a driver
List all equipment included in the vehicles.
Focus on the removable accessories, so that the owner cannot pretend some equipment disappeared while they were never provided in the first place.
For example:
Vehicle # 1: Brand / Type / Plate Number
HF / VHF Radio (precise brand and type)
External HF antenna
AM / FM Radio
GPS
High lift Jack
Additional spare wheel (precise brand)
Change tyres (precise brand)
Wheel wrench
Toolbox
Fire extinguisher
Warning triangle
Etc….
Appendix C :
Action Against Hunger
GOOD BUSINESS REGULATIONS
Preamble
Action Against Hunger tackles the causes and effects of hunger and diseases that threaten the lives of vulnerable children, women and men.
Established in France in 1979, Action Against Hunger are a nongovernmental, non-political, non-religious, non-profit organisation.
These Good Business Regulations are the ground for a professional working relationship between Action Against Hunger and the suppliers.
They are general regulations valid unless others particular conditions are mentioned in the contract. In case of conflicting terms within documents, the conditions of the contract or tender dossier will prevail on these Good Business Regulations.
Principles of the procurement procedures
Action Against Hunger has transparent procedures to award markets. Essential principles are
– Transparency in the procurement process
– Proportionality between the procedures followed for awarding contracts and the value of the markets
– Equal treatment of potential suppliers
Usual criteria to select a supplier are:
- Authorization to perform the market
- Financial capacities
- Economic capacities
- Technical expertise
- Professional capacities
Usual criteria to award markets are:
- Automatic award (the cheapest offer complying with all requirements)
- Best value for money (price/quality ratio)
Misbehaviour, ineligibility and exclusion
Action Against Hunger considers the following misbehaviour as a valid ground for a systematic exclusion of an awarding market procedure and for the termination of all working relationship and contracts:
- Fraud defined as any intentional act or omission relating to:
• The use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of Action Against Hunger or institutional donors funds
• Non-disclosure of information, with the same effect
• The misapplication of such funds for purposes other than those for which they were originally granted
- Active corruption: to deliberately promise or give an advantage to an official for him/her to act or refrain from acting in accordance with his duty in a way which damages or is likely to damage Action Against Hunger or institutional donors financial interests
- Collusion: the co-ordination of firm’s competitive behavior, with the likely result that prices rise, output is restricted and the profits of the colluding companies are higher than they would otherwise be. Collusive behaviour does not always rely on the existence of explicit agreements between firms, but can also be tacit.
- Coercive practice: harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract.
- Bribery: to offer Action Against Hunger employees monetary or in kind gifts in order to gain additional markets or to continue a contract
- Involvement in a criminal organization or any other illegal activity established by a judgement that has the force of res judicata
- Immoral Human Resources practices: exploitation of child labor and the non-respect of basic social rights and working conditions of employees or sub contractors
Action Against Hunger will exclude from a procurement procedure any candidate or tenderer falling into one of the following cases:
- To be bankrupt or to be wound up, to have affairs administered by the courts, to have enter into an arrangement with creditors, to have suspended business activities, to be the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations
- To have been convicted of an offence concerning professional conduct by a judgement that has the force of res judicata
- To have been guilty of grave professional misconduct proven by any means that Action Against Hunger can justify
- To have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country where Action Against Hunger mission is operating or those of the country where the contract is to be performed
- They have been the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a criminal organization or any other illegal activity detrimental to the Communities' financial interests
- To have been declared to be in serious breach of contract for failure to comply with their contractual obligations in another previous procurement procedure
Action Against Hunger will not award contracts to candidates or tenderers who, during the procurement procedure:
- Are subject to a conflict of interest
- Are guilty of misrepresentation in supplying the information required Action Against Hunger as a condition of participation in the contract procedure or fail to supply this information
Administrative and financial sanctions
In the event a supplier, candidate or tenderer is engaged in corrupt, fraudulent, collusive or coercive practices Action Against Hunger will impose:
- Administrative sanctions
Administrative sanctions are the official notification of the misconduct to the relevant civil or commercial authorities and the immediate termination of all existing working relationships.
- Financial sanctions
Action Against Hunger will request the reimbursement of the cost linked directly and directly to the conduct of a new tendering process or market award. If any, the tender or performance guarantee will be kept by Action Against Hunger.
Information of the Donors
Action Against Hunger will inform immediately the Institutional Donors and will provide all the relevant information in the event a supplier, candidate or tenderer is engaged in corrupt, fraudulent, collusive or coercive practices.
Provision for institutional donors
The contractors agree to guarantee a right of access to their financial and accounting documents to the representatives of Action Against Hunger’s institutional donors for the purposes of checks and audits.
Documents to be a supplier
Hereafter is the minimal documentation a contractor working with Action Against Hunger will have to provide:
- Personnel national ID document of the supplier/company representative
- Status and registration of the company
- Mission order or power of attorney authorizing the representative to contact
Important note: Additional documentation may be required for a particular market.
In addition the contractor should have at least the following administrative material:
- Invoice
- Waybill (or delivery note)
- Receipt
- Official stamp
- Tax clearance certificate
Declaration of compliance & commitment
to respect Action Against Hunger’s
Good Business Regulations
I, undersigned ……………….…representative name………. representative of …company name……………..… certified that I have read and understood these regulations.
On behalf of the company I act for, I accept the terms of Action Against Hunger Good Business Regulations and I commit to achieve the best performances in the event ……….…….company name………… is awarded a market.
In addition, I certify that ……….… company name ………..………. doesn’t fall in any of the conditions mentioned in the paragraph III: Misbehavior, ineligibility and exclusion.
I explicitly guarantee that ………… company name …………....…. respects the principle of the non-exploitation of child labor and respects the basic social rights and working conditions of employees and sub contractors.
Last, I hereby certify that ………….. company name …..……………. is not involved in any pending lawsuit regarding fraud, corruption, bribery or any illegal activity, and has not been convicted guilty of such practices at any time.
Date:
Signature:
Stamp:
Important note: All the pages of these Good Business Regulations have to be endorsed with the initials of the company representative.
Post a Comment