ABC Auto Center„. (Here in called "Company or lessor")
Rents to Renters signing this Irrevocable Agreement the vehicle described on the other side. Renter agrees that rental is subject to the terms and conditions set forth on bath sides of this Agreement These terms and conditions and the Rental Record signed byYou together constitute the agreement ('Agreement"] for the Rental of the vehicle identified on the Rental Record, including all of Its parts ("Cars"). The agreement is between you
and Nationwide ABC Auto Center.
1, NATURE OF THIS AGREEMENT.
This agreement is solely for the purpose of creating a bailment That allows you to use the car as permitted by this Agreement You acknowledge that the car is owned by COMPANY, No one Other than COMPANY may transfer the car or any rights or Obligations under this Agreement Any attempted transfer or Sublease of the car by anyone other than COMPANY is void. Neither you nor any Authorized Operations are agents of COMPANY. No one may service or repair the car without COMPANY prior expressed approval. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANT1BILITYOR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE. Renter acknowledges the Car is In good condition. Renter will return the Car, with all tires, accessories, equipment and car documents ("Car"),in the same condition as, when received, ordinary wear and tear excepted, to the place and on the due-back date specified or sooner upon demand by COMPANY.
2. WHO MAY OPERATE THE CAR Renter is the only person authorized to operate the car. Additional drivers including spouse, family mere bars, employees, employers or co-workers may drive the vehicle only if pre- Authorized in writing by COMPANY. Except to the extent necessary or vaiet parking or in an emergency as permitted bylaw, No other person are permitted to operate the CAR unless all Such persons appear at the time of rental and sing an Additional Authorized Operator forms. All Authorized Operators Must be 21 years old and have a valid driver's license From a jurisdiction acceptable to COMPANY. At Company's Discretion, other qualifications maybe in effect at the time and Place of rental.
3. YOUR RESPONSIBILTY
Ordinary wear excepted, you must return the car to COMPANY in the same conditions it is in when you receive It. You must return the Car to COMPANY by the due date specified on the rental record, or sooner if demanded by COMPANY. If you do not return the Car when required by this Agreement, then after Company's ends you a written demand to return it, sent to Your address on the rental record or otherwise provided to COMPANY, may at your expense recover the Car where and When ills found. the Car is found Illegally parked or apparently abandoned, or lithe car is used or obtained as prohibited Under Paragraph 5 of this Agreement, then COMPANY may Recover the Car without demand. To the extend permitted by law, you waive any rights or hearing or to receive any notice or legal process, as a per-condition for recovering the car.
4. PROHIBITED USES OF THE CAR.
Any use of the Car as prohibited below will breach this Agreement, will void any limitation of your responsibility under paragraph 4 and Make you fully res eons ibis for actual and consequential damages, costs and attorneys fees resulting from that breach.To the extent permitted by law, LAW and all liability- protection under this Agreement will also be void. UNDER THIS AGREEMENT, YOU AND/OR .ANY AUTHORIZED DRIVER,
(a)Permit the uses of the car by anyone other than on authorized operator by COMPANY.
(b)Intentionally tries to, damage or aid In the theft of the car.
(c) Take or attempt to take the Car into Mexico under any circumstances
(d)Take or attempt to take the Car outside the STATE In which the renting office is located without the written consent of COMPANY. Renter acknowledges his agreement for all goo graphic restrictions and limitations contained in the Rental Agreement Form.
(e)Engage in any willful or wanton misconduct, which among other things, may include reckless conduct such as: use when overloaded, to carry person or property for hire, or off-road or on unpaved roads that are not regularly marinated or leaving the car end failing to remove the keys or close and lock all doors, car windows or the trunk and the car is vandalized or stolen;
(1)Use or permit the use of the car by anyone: (1 }Under the Influence of alcohol or drugs
(2)For any purpose that could properly be charged as a crime, such as the Illegal transportation of person, drugs or contraband
(3)To tow or push anything;
(4)In a speed test or contest
(5)In driver training activity, or
(6)If the car has been obtained from COMPANY by fraud or misrepresentation.
5.PAYMENT OF CHARGES
You and any persons to whom, with COMPANY'S consent, You expressly direct the charges if any incurred under this Agreement ("Charges") to be billed, are jointly/and severally responsible for the payment of all charges, you represent that you are authorized to direct Charges to be billed to that person. Charges not paid on time as required by this Agreement, may be subject to a late payment fee. You will also be charged a fee for any check used for payment of Charges that Is returned unpaid. PAYMENT FOR ALL ESTIMATED CHARGES IS DUE AT THE 'TIME OF RENTAL in cash or by a credit card or other device acceptable to COMPANY. Payment for any addilional Charges is due at the completion of rental in the same manner. Charges not known to COMPANY at the completion of rental
The payment of Charges by use of a credit card Is governed by the terms of Your Agreement with the card issuer.
IF YOU USE A CREDIT CARD TO PAY FOR CHARGES, YOU
AUTHORIZED COMPANY TO RESERVE CREDIT WITH THE CARD ISSUER AT THE TIME OF RENTAL IN A REASONABLE AMOUNT THAT IS AT LEAST EQUAL TO ALL ESTIMATED CHARGES AND PROCESS AN APPROPRIATE VOUCHER FOR ALL ESTIMATED CHARGES AT THE TIME OF THE RENTAL AND FOR ALL ADDITIONAL CHARGES AT THE COMPLETION OF THE RENTAL.Company may audit all charges. If any errors are found, You will pay the corrected Charges. If payment was by credit card, You authorize COMPANY to correct the Charges with the cared issuer COMPANY will notify you of any correction.
2. COMPUTATION OF CHARGES
(a) VILLEINAGE, TIME CHARGES, CASH DEPOSITS & REFUNDS are computed at the rates specified on the Rental Record for the days, weeks, months and extra days, (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR THE RENTAL AGREEMENT TERM. RENTAL DAYS CONSIST OF CONSECUTIVE 24 HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS. The extra hours rate shown on the Rental Record is charged for each full or partial hour in excess of a rental day until such extra hours' charges equal the daily rate specified on the Rental Record. Extra hours are only charged if the Car is returned on hour or more beyond the start of new rental day. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL RECORD APPLICABLE TO SPECIAL RATES, OTHERWISE APPLICABLE RATES WILL BE CHARGED.
(b) IF, THE RETAIL IS TO BE SECURED BY CASH DEPOSITS, agreed upon by COMPANY and Renter, when the car is resumed,Renter maybe entitled to a refund once the total charges have been calculated and deducted from said cash deposits. In the event COMPANY does not have sufficient cash for said refund, the refund maybe paid by COMPANY check.
(c) THE NUMBER OF MILES which the Car shall have been operated shall be as recorded by the standard mileage recording device attached to the car by the manufacturer unless that device is disconnected or tampered with while rented to Renter, In that event the parties agree that COMPANY'S damages would be difficult to ascertain and agree hat charged will be based on 600 miles per day which they agree Is a reasonable estimate of mileage and damage.
(d) DROP OFF AND SERVICE CHARGES maybe applied if You return the Car to any location&earthen the location from which it is rented. Additional charges maybe applied for other supplementary services You request.
(e) SURCHARGE/SALES/USE EXCISE TAXES AND REIMBURSEMENT are charged according to applicable laws.
(f) RECOVERY EXPENSE consist of all costs of any kind incurred by COMPANY In recovering the Car either under this Agreement or If it is seized by government authorities as a result of Its use by You weal Your permission or If abandoned by Renter.
(g) MECHANICAL REPAIRS In the event of a mechanical problem with said Car, Renter will Immediately notify COMPANY, who will then determine the extend of said mechanical problem,in the Car outside the county where rented, COMPANY may designate where the vehicle is to be repaired and send the cost of repairs by Western Union for the designated repairs. Renter will not abandon Car if repairs maybe made within 24 hours (excluding Sundays and holidays). If Renter abandons the Car, Renter will pay all costs of
returning the Car the location from which the Car was rented. Said rental agreement will be credited for the time during said repairs, In the even the Car cannot be repaired as set forth above within 24 hours, Renter shall be entitled to a prorated reduction for the unused portion of the real term, and to no further out of pocket expense, or consequential damages whatsoever.
(h) COLLECTION EXPENSE consist of all cost of any kind incurred by COMPANY in collecting Charge from Your or the person to whom they are billed including, but not limited to , all attorneys fees and court costs.
(i) LATE PAYMENTS FEES maybe applied to any lance due for Charges that are not paid within 30 days of COMPANY mailing an invoice for such Charges to You or the parson to whom they are billed at the rate of 1-1/2% per month. Such invoice maybe mailed either to Your or their address specified at time of rental or VOLK,' or their billing addresses on file with COMPANY.
(J) FINES AND OTHER EXPENSES Including, but are not limited to , fines, penalties, attorneys fees, and court costs assessed against or paid by COMPANY resulting from the use of the car by You or with Your permission. The Renter shall pay to COMPANY all repossession costs, court costs, collection fees and attorney fees Incurred to effect collection of repossession.
(k) LIEN ON PROPERTY any personal property's said Vehicle on which any charges are due will be subject to a lien by COMPANY for payment of said unpaid charges. to addition, Renter will pay all costs of returning the Car to renting office, in case of an accident and in any case lithe Car was taken out of STATE in which the renting office is located, without written consent of COMPANY,are payable by, or by the person to whom such Charges OF AUTOMOBILE INSURANCE. Lessee expressly states are to be billed, immediately upon receipt of an invoice therefore that he/she understand that any misrepresentation as to the current condition or availability of his/her insurance constitutes a fraud Inducing this contract, and thereby relieves the lessor of any and all liability whatsoever. RENTER'S COLLISION INSURANCE IS SUBJECT TO ALL LOSSES OR DAMAGE TO VEHICLE INCLUDING COMPREHENSIVE DAMAGE AND LOSS OF USE. Described Under The 'Loss Damage Waiver's Section on page.
2, said Waiver Shall Not Apply:
(1)to any obligation for which the Renter or any driver of the vehicle or the employer of either or any Insurance carder, maybe held liable under any workman's compensation or dis-ability benefits or similar law.
(2) to any obligations assumed by the Renter or any driver under any expressed or implied contract
(3) to any liability or Renter or any driver, or, any employer of either, arising while the vehicle is being used in violation of any of the limitation sat forth in paragraph 2.
(4)unless otherwise required bylaw to medical payments required by persons sustaining Injuries while riding or alight from or getting into or on the vehicle.
(5) to the theft of the vehicle unless the keys are removed and the doors are locked and the windows lightly closed.
8. (a) Renter Is responsible for all losses and or damage to Vehicle, including loss of use, whether or not caused by nag- Nonce or other fault of Renter or any other persons except as provided in paragraph
(b) however Renters liability is:
(1 ) The total actual cash value of the vehicle, plus the entire am owe due under the Rental Agreement.
(2)Waived by COMPANY, if Renter accepts Loss Damage Waiver at time of Rental on reverse side. LOSS DAMAGE WAIVER IS NOT INSURANCE but Is a waiver of COMPANY'S right to collect all tosses or damages to vehicle including comprehensive damage and loss of use.
(b)The limitations of Renter's liability for loss and damage to vehicle contained In subparagraph (a_do not apply to any loss or damage caused byte negligence or other fault of Renter or any other person.
(1)Which occurs while the Vehicle is used in violation pith Agreement (Including paragraph 2).
(2)Due to theft lithe keys are test with the Vehicle.
(3)Caused by snow chains, pets or animals, or damage Intentionally Intended.
Renter release and holds lessor, It's agent and employees, harmless,
(a)from all claims for the loss or damage to any property of Renter or any other person left in , an , or about the vehicle, either before or other its return to lessor, or on the premises, without regard to any negligence by lessor or any other agents or employees. Renter shall defend , indemnity and hold harmless lessor from and against any and, all losses, liabilities, damages, injuries, claims, demands, costs and expenses arising out of the use or possession of the Vehicle including, but not limited to any and all fines, penalties and for features Imposed under any Federal, State, Provincial, Municipal or other statute, law, ordinance , rule, regulation.
(b) To the extend not covered by insurance any claims of, or liabilities to third persons against out of the abandonment, conversion , secretion,concealment or unauthorized sales of the vehicle by Renter or its drivers, agents or employees, or the confiscation of the Vehicle by any governmental authority for illegal or improper use of the vehicle,
UNLESS KEYS ARE REMOVED DOORS LOCKED , AND WINDOWS CLOSED TIGHLY, RENTER IS RESPONSIBLE FOR THEFT OF VEHICLE.
12)lf any of Renters representations and warranties herein contained are untrue, or If Ranter violates any of the terms of this contract, or if COMPANY in its sole judgment has reason to bellow that Renter has violated or Intends to violate this Agreement, then Renters right to use and operate the vehicle shall terminate forthwith, end COMPANY may seize and repossess Vehicle, in any lawful manner, wherever it maybe, without first making any demand and assesses to the renter all costs for the repossession of the Vehicle.
13) If damage occurs purposely, voluntarily, or due to any breach of this or due to driving under the Influence of any drug or alcohol, LOW becomes null and veld and customer is liable for all damages.Lansing gas caps, spare tires, Irons, jacks, or any othertoots or items besides hub caps are not covered by LAW, and its Renter's responsibility,
14) ACCIDENTS, THEFT AND VANDALISM. You must promptly and property import any accident, theft or vandalism involving the Car to COMPANY and to the police. If You or any Authorized Operators receive any papers relating to such an Incident, those papers must promptly be given to COMPANY. 15)No rights of COMPANY under this Rental Agreement may be waived unless In writing and singed or initiated by COMPANY.
WARNING: REMOVE KEYS, LOCK ALL DOORS, CLOSE ALL CAR WINDOWS AND THE TRUNK WHEN LEAVING THE CAR OR YOU WILL BE RESPONSIBLE FOR ANY LOSS.NEVADA LAW REQUIRES ANY DRIVER OF A PASSENGER CAR AND ANY PASSENGER 5 YEAR OF AGE OR OLDER WHO RIDES IN THE FRONT OR BACK SEAT OF A PASSENGER CAR TO WEAR A SAFETY BELT IF ONE IS AVAILABLE FOR HIS SEATING POSITION . ANY CHILD UNDER 5 YEARS OF AGE ARE REQUIRED TO BE IN A SAFETY S EAT.