EDWINTERTIRES.COM
General terms and conditions
concerning the rental agreement.
These Terms and Conditions of Rental
form an inseparable part of a Rental
Agreement entered into by and between
John Lance trading as ED Services (the
Lessor) and the Renter (the Lessee)
concerning the rental of the equipment
indicated on the Rental Agreement and
which is required to be signed on
collection of the equipment at the place
of rental.
1. THE PLACE AND TERM OF THE RENT,
DELIVERY AND RETURN OF THE EQUIPMENT
A
full set of four Alloy Wheels and four
run-flat tires suitable for mounting on
the renter's vehicle (The Equipment) and
for normal use in Wintry driving
conditions is leased to the Lessee in
good, acceptable condition without
visible damage except that noted on the
Rental Agreement. The Lessee accepts the
condition of the equipment and the fact
that it may or may not be new. The
giving of the equipment by the Lessor
and its returning by the Lessee is
performed exclusively at the place
specified by the Lessor. The rental
relationship shall be terminated upon
the expiry of the term of the Rental
Agreement. The term of the rent may be
renewed, subject to further availability
of the rental equipment, if the Renter
so requires, no later than 24 hours
prior to the expiry of the original term
of the Rental Agreement and Lessor
confirms this renewal. Unless the Rental
Agreement is renewed in the
aforementioned manner, the default by
the Lessee in returning the equipment in
excess of the period agreed by the
Rental Agreement shall be considered a
rough material breach thereof. In such a
case, the Lessee shall pay the rent
according to the rates applicable on the
current Price List issued by the Lessor
until the equipment is returned to the
Lessor. The Lessee shall return the
equipment on the date at the location as
agreed in the Rental Agreement and in
such condition that the equipment was
delivered to the Lessee, taking into
account usual wear and tear. The
equipment shall be assumed by the
Lessor's authorized agent. The mileage
driven by the Lessee's vehicle whilst
fitted with the equipment rented from
the Lessor, together with a list of any
apparent defects, damage and comments
must be recorded by the Lessee into the
Equipment Usage Log on returning the
equipment.
2. EQUIPMENT USAGE
a)
The leased equipment may only be mounted
on the vehicle for which it is intended
and shown on the Rental Agreement. The
equipment may not be transferred to any
other vehicle. The mounting and
de-mounting of the equipment onto the
Lessee's vehicle may only take place at
the location as agreed in the Rental
Agreement and by a competent and
licensed specialist mutually agreed by
the Lessor and the Lessee. The Lessee
shall be obliged to ensure that the
equipment is not misused or damaged, in
particular whilst parking the vehicle
that it be parked in such a way as to
ensure that the equipment is not
endangered.
b) The Lessee and the driver must
fulfill all further legal provisions
valid for usage of leased equipment.
c) The Lessee may not sublease the
equipment nor use it on a car in
variance with valid transport, customs
and other correspondent regulations.
d) The Lessee, after driving a minimum
of 12 miles and a maximum of 120 miles,
must re-tighten the wheel-nuts.
e) The vehicle's Tire Pressure Monitor
may or may not operate with the fitting
of these wheels and winter tires. I not,
the Lessee should regularly check that
the tire pressures are in accordance
with those advised in the car's
instruction manual.
f) The maximum speed to be driven whilst
using the equipment is 130 miles per
hour.
g) During the use of the Rental
Equipment, the Lessee must report any
damage caused to any part of the Rental
Equipment and if such damage does not
permit further use of that part of the
equipment following its return to the
Lessor then a replacement of similar
make and type must either be obtained
and returned by the Lessor to the Lessee
when returning the remaining equipment
or the cost of new such equipment is to
be paid by the Lessee to the Lessor or
his agent*. The equipment manufacturers
offer no replacement guarantee except in
the case of product defect. *The cost of
damage to one wheel or one tire is
covered in the rental payment, all other
damage must be paid for by the Lessee.
h) In the case of theft or loss of the
Rental Equipment, the Lessee may obtain
and return to the Lessor suitable
replacement equipment of the same make
and type as the equipment rented or else
pay to the Lessor the cost of such
replacement equipment.
3. LESSOR
RESPONSIBILITY
a)
The Lessor is only responsible for
arranging the Lessee's rental of the
equipment being rented and that is the
limit of his responsibility. The Lessor
is not responsible for any and all
damage caused by the Lessee's usage of
any part of the equipment, either to the
equipment itself or to any other persons
or property as a result of using the
equipment or otherwise. The Lessor is
not liable in any way for any damage to
Lessee's vehicle or possessions, injury
to the Lessor or others, including any
and all passengers in the vehicle. The
Lessor is not responsible for the loss
of any part or all of the equipment or
the late return of the equipment to the
place specified for its return by the
Lessor and agreed by the Renter.
b) The Lessor-appointed tire depot are
responsible for any loss or damage
caused to the Lessee's own original
equipment for the period of the Rental
Agreement, provided that such equipment
is stored at that tire depot. The safe
storage of the Lessee's own four wheels
and tires will be at no cost for the
duration of the rental.
4. PAYMENT CONDITIONS
The
Lessee is obliged to pay all payments
and charges indicated in the Rental
Contract or resulting from it in a
method acceptable to the Lessor.
Payments made for Winter-tire rentals
are non-refundable should the Lessee not
collect the Rental Equipment within
business hours on or after the date
specified. There are no refunds if the
equipment is returned earlier than
agreed. If unforeseen circumstances
result in the confirmed rental equipment
not being available to the Lessee as
agreed, the payment made will be
returned in full.
The cancellation policy is that there are no refunds once payment has been made, as we only hold a stock of one, sometimes two, sets of Winter tires for each BMW model. Each reservation therefore blocks the availability of another rental of the same set for the same rental dates. Payment need not be made till it is absolutely sure that the rental is required, although it must be understood that by waiting, there is a risk that the set may possibly no longer be available for rental by the time payment is made. Following submission of the on-line reservation form, each reservation has a tire set allocated to it for a period of 14 days, after which time the rental reservation will be subject to availability at the time the payment is made.
5 PLACE OF DISPUTE
In case
of any legal dispute arising from the
Rental Agreement and attached Terms &
Conditions, Lessor and Lessee agree that
such dispute will be settled in Ismaning,
Germany.
6. SPECIAL PROVISIONS
Any
supplementary provisions are only
applicable if entered here in writing:
These General terms and Conditions are
agreed this day of
20
Signed by LESSEE:
Signed by LESSOR: