The terms and conditions herein constitute the entire agreement between you and John’s 4x4. By signing these Terms and Conditions you accept these terms and conditions, acknowledge that you meet the requirements contained herein and agree to abide by and be bound by all of these provisions. General Information: - Loaner: The terms loaner will be used interchangeably throughout this document. The loaner vehicles owned by John’s 4x4 are for customer courtesy and shop delivery or pick up of parts.
- Customer: The term Customer shall mean the designated driver(s) of the loaner and the signee of the loaner Agreement.
- Loaner Term: The loaner term shall be determined at time of customer vehicle drop-off. For single-day or multi-day loaners the vehicle should be returned by 5:00 p.m. Any extension of the loaner will be dependent on availability. If you wish to extend the loaner period you must either (a) call us 4 hours in advance of the loaner due-in date and time to extend the reservation, or (b) return the loaner to our office. If the Loaner is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Loaner until we inspect it upon our next opening for business. Any damage assessed and reasonably estimated will be charged to you.
Costs of Loaner: There is no cost. It is done as a courtesy to you. No Smoking: Our Loaners are 100% smoke free vehicles. If smoking of any kind occurs in the Loaner a non-negotiable $250.00 fee will be applied to your credit card. Fuel Policy: You will receive the Loaner with fuel. It is expected the Loaner will be returned to John’s 4x4 with the same amount of fuel. If the Loaner is not returned with same amount of fuel, the fuel replacement cost at $5.00 per gallon will be applied to your invoice. Traffic Violations: John’s 4x4 will not be responsible for any parking tickets, speeding violations, accidents, or other citations received by the Customer during the rental period. All such costs will solely be the responsibility of the Customer. Pet Policy: We understand you may have a pet (we love pets too). Pets are allowed in the Loaner. Any damage to the Loaner caused by your pet will be your responsibility. Additionally, the Loaner must be thoroughly cleaned before it is returned to John’s 4x4. If the vehicle is not deemed to be thoroughly cleaned upon return, a cleaning fee of $150.00 be applied to your invoice. Warranties: - John's 4x4 is the owner of the Loaner you are using. By using it, you are being permitted by John's 4x4 to use the Loaner but have no authority to act for or on behalf of John's 4x4. Under no circumstances are you permitted to have the Loaner serviced or repaired without John's 4x4 express permission.
- You are using the Loaner as is, John's 4x4 makes no warranties to you or anyone else of any kind or nature, whether express or implied, as to merchantability or fitness of the Loaner for any particular purpose. Under no circumstances will John's 4x4 be responsible to you for any loss, damage or inconvenience, which you may suffer as a result of any breakdown or malfunction of the Loaner.
- Rental of this Loaner is limited to drivers over the age of 25 who are covered by full coverage car insurance. Only the designated driver is permitted to drive the Loaner.
- You agree to drive the Loaner only on established roads within the State of Colorado.
- You agree to carry no more than the vehicle rated number of occupants in the Loaner. You also agree that all persons will ride in seats within the passenger compartment of the Loaner. You agree not to carry anyone or anything in the Loaner for hire.
- You agree not to exceed either the vehicle’s capabilities or your own in driving and enjoying the vehicle. Any damage to John’s 4x4’s vehicle or personal injury to you or others is your responsibility and John’s 4x4 shall not be liable.
- You agree not to allow rain into the vehicle. In order to ensure rain does not enter the vehicle you shall put all tops on the Loaner and close all doors and windows (where feasible) every night and in the event of inclement weather.
- You agree not to use the Loaner to tow, push, pull or otherwise move any other vehicle, trailer or object.
- You agree not to drive the Loaner while under the influence of alcohol or drugs. You also agree not to use the Loaner in any way that violates local, state, or federal law, including failure to report an accident, and transporting any drugs or alcohol in the Loaner. If you fail to abide by any of these provisions, you will be solely responsible for any injury or damage that occurs. This may include the full value of the Loaner and any loss of business which John's 4x4 suffers because of any damage to the Loaner.
Vehicle Condition and Return: - You agree the Loaner you have borrowed is in good condition and has no visible damage at the time of signing this rental agreement. You further agree you will return the Loaner in good condition without any damage or injury.
- If damage to the Loaner occurs, you must immediately return the Loaner to John’s 4x4. Any and all repairs to the Loaner must be done by John’s 4x4 or its designated automotive body repair shop. You will be charged for the fair market value of any repairs resulting from the damages caused by you or others during your use of the vehicle.
- If you fail to return the Loaner in a timely manner, or if any provision of this agreement is violated by you or anyone in the Loaner with you, John's 4x4 will be permitted to locate and repossess the Loaner without any notice or hearing. If John's 4x4 repossesses the Loaner, you will be obligated to pay any costs incurred by John's 4x4 in doing so and shall hold John’s 4x4 harmless from all claims, liability, costs and attorney fees incurred as a result of, or arising out of this rental agreement and your use of the Loaner.
Charges: The following charges (in addition to the required deposit) are authorized to be billed to your invoice or be collected from you in cash: - Replacement costs. If the Loaner itself, any tools, parts, equipment, accessories, or other items which accompanied the Loaner at the time of the agreement was entered into are lost or damaged, you will be responsible and strictly liable for the full retail cost of repairing or replacing the lost or damaged items whether or not the loss or damage is your fault.
- Fines and costs. You will be solely responsible for any fines, costs, penalties or assessments of any type whatsoever levied or charged against John's 4x4 or which John's 4x4 is obligated to pay and which arise out of your rental, use or possession of the Loaner.
- Attorney Fees and Costs. If John’s 4x4 employs an attorney in relation to the collection of charges due, violation of this agreement, or any other reason arising from your rental of the Loaner, John’s 4x4 shall be entitled to collect its pre and post judgment attorney’s fees.
Liability Insurance: John's 4x4 maintains liability insurance covering the Loaner during your rental period, however, you agree your applicable insurance coverage will be primary in the event of any claim. Only after your coverage is exhausted will John’s 4x4’s insurance issue any payments. Furthermore, you agree to indemnify and hold John's 4x4, its owners, agents and employees harmless from and against any and all loss, liability or expense in excess of, or outside the scope or extent of, the coverage provided by John's 4x4 Liability Insurance. In the event that your coverage is exhausted and John’s 4x4’s insurance coverage is required to pay, you will be responsible for any deductible. John's 4x4 provides liability insurance coverage with limits of coverage at or above the minimum levels required by Colorado law. This coverage does not include “uninsured or underinsured motorists” coverage. You and John's 4x4 hereby agree to reject any such “uninsured motorist” coverage. In the event any coverage beyond that already provided is required by John's 4x4 under Colorado law, you agree that the coverage will be the minimum allowed. Accidents/Lost or Stolen Loaner: - If there is an accident involving the Loaner, you must report it immediately to the appropriate police department and to John's 4x4. You agree to cooperate with the police and John's 4x4 in completing any accident or other reports and will provide the police and John's 4x4 any information requested in connection with any accident. Such information includes but is not limited to witness names, addresses and telephone numbers, witness statements, copies of any citations and all other information. If the Loaner is lost or stolen, you must immediately report its loss to the appropriate police department and to John's 4x4.
- You are responsible for all damages relating to the loss or theft of, or damage to the Loaner whether or not the loss or theft is your fault. Such damages can include but are not limited to the cost of repair, or the actual cash retail value of the Loaner on the date of the loss if the Loaner is not repairable or John’s 4x4 elects not to repair the Loaner in addition to the damages associated with loss of use, diminished value of the Loaner caused by the damage, and our administrative expenses incurred processing the claim.
Other Terms and Definitions: - “Agreement” means all terms and conditions found on both sides of the agreement form.
- “Authorized Driver” means the Customer and any additional driver listed by John’s 4x4 on this Agreement provided that person has a valid driver’s license and is at least age 25. Only Authorized Drivers may operate the Vehicle.
- “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all of its tires, tools, accessories, equipment, keys and vehicle documents.
- “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as: loss of Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail; flood; or fire. Physical Damage excludes interior burn holes, window stars or cracks not caused by collision or upset.
- “Loss of use” means the loss of our ability to use the Vehicle for any purpose cause by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the daily rental value.
Miscellaneous: - The Agreement between you and John's 4x4 consists of the Agreement. This document contains the entire agreement. All prior representations and agreements between you and John’s 4x4 regarding this rental are void and there are no other understanding or agreement between you and John's 4x4, either oral or written. Any change in the Agreement, or any agreement supplementing or interpreting those documents must be written and signed by both you and John's 4x4 to be effective.
- A waiver by John’s 4x4 of any breach of this Agreement is not a waiver of any additional breach or a waiver of the performance to your obligations under this Agreement. Additionally, our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release John’s 4x4 from any liability for consequential, special, or punitive damages in connection with this loaner.
- Any dispute arising out of this Agreement and the Release of Risk and Liability shall be governed by Colorado law. Furthermore, the exclusive jurisdiction and venue for any claim shall be Boulder County, Colorado.
- You may not assign this Agreement, if you attempt to do so. Such attempt shall be null and void and of no force or effect.
- In the event any part of this contract is deemed illegal, void, or unenforceable the remainder shall remain in effect.
|