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: