CABIZ LOGISTICS LIMITED (The Company) hereby agrees to let on hire the motor vehicle described in the overleaf together with the accessories availed in it or fixed on it hereafter called (The Vehicle) to the person named in the overleaf hereafter called (The Hirer) upon the terms and conditions set out in the overleaf hereunder.

1. The Hirer agrees that the information they avail is the truth, the whole truth, and nothing but the truth.

2. In accepting the Vehicle, The Hirer shall be deemed to have satisfied himself/herself/themselves that the vehicle is roadworthy and is in a proper, safe, and working condition. The Company shall NOT be liable for any loss, injury, or damages sustained by The Hirer or any other party during the hire period.

• Pick Up & Drop Off of the Vehicle (s) shall be done at the affiliate Petrol Stations, (1) Total Ngong Rd – Next to Prestige Mall for the Nairobi Office, (2) Shell KulaMawe for the Isiolo Office, & (3) Rubis Menany – Makutano for the Meru Office. The vehicle (s) shall strictly be issued out clean and with a Full Tank of Gas. Upon Return, the client is mandated to fill up the gas and pay for Carwash Services (based on the extent of dirt) ONLY at the designated Petrol Station (s). Failure to adhere will have the customer incur these costs afresh at the designated Petrol Stations whether or not they have done it elsewhere.

3. The Period of Hire and the Destination shall remain as indicated in the overleaf and changes to either must be made prior to and followed by written communication through messaging and/or email. Please note that if such changes affect pricing, the additional charges shall take effect immediately if there is no prior communication.

• Cancellation Charges are tabulated as a Percentage of the Amount Paid whether on an ongoing rental or a reservation placed on a vehicle (s) and are as follows:
• ≥2 Weeks – Free
• ≥1 Week – 50%
• ≤1 Week – 100%
  
  
  
• In relation to (a) Vehicle Rental Extension (s) & (b) Changes of Destination (s), communication should be made at least 24 Hours in advance for proper planning & logistics scheduling on our part. Payment for the requested extension period and/or change of destination should be made before (a) the lapse of the originally indicated period, & (b) taking the requested route change. Failure to do that will prompt our logistics team to Switch Off the vehicle till such a time when these requirements have been met.
• The Company has the right to terminate the contract if there is any reason to assume that The Hirer has partly/wholly breached the T&Cs and/or has tampered in any material way with the Vehicle without the consent of The Company.

4. The Hirer further agrees that:

• The Vehicle will only be driven by The Hirer or any other driver authorized by The Hirer on the condition that they have a Valid Driver’s License. However, The Hirer remains fully liable.

• He/She/the authorized driver will NOT (nor will any unauthorized third party) drive the vehicle whilst under the influence of alcohol, narcotics, or any drugs and substances that could impair the driver’s consciousness or the ability to drive.
• The Vehicle(s) will be driven in a skillful manner that abides by all traffic laws, regulations, and the Highway Code provisions at all times.
• The Vehicle shall not carry more passengers than its carrying capacity as indicated on the insurance sticker.

• The Vehicle will be kept locked and secured when parked and every precaution will be taken to avoid damage or theft of any of its parts and/or contents.

• The Hirer shall promptly pay all parking and related fees while using the vehicle failure to which he/she/they shall be responsible for the payment of any fines and charges that may arise.
• The Hirer shall at all times check on the levels of tire pressure, engine oil, engine coolant, fuel, and all other vehicle fluids and parts failure to which he/she/they remain responsible to reimburse the company for any loss, damages, or expenses that may result.
• The Vehicle shall be used for social and professional purposes and on all-weather roads not including racing and any other that put at risk the safety of the vehicle (s) and/or endanger the lives of the passengers and/or other third parties.
• The Vehicle shall NOT be used to transport illegal drugs and substances. In such an occurrence, the Hirer indemnifies The Company and remains FULLY LIABLE.
• The Vehicle shall NOT be driven outside of the Kenyan borders unless there is an existing agreement between The Company and the Hirer. Border Crossing Costs amount to $100 payable by the Hirer.
• The Hirer shall NOT modify, change/add extra accessories, or repair the vehicle unless authorized by the Company.

• The Hirer shall pay the company the total cost of towing and repairing the vehicle in the event of a breakdown, accident, or damage to the vehicle as a result of gross misconduct or willful negligence of The Hirer and/or the authorized driver following an assessment report in that effect.
• The Hirer shall be responsible for the repair costs of any damaged parts and accessories of the vehicle upon return and shall be notified of the same either immediately or within 24hrs after a full assessment of the vehicle.
• The Company can use the photos taken at the point of issuing out the unit(s) and during the rental period on its social media platforms for the purposes of publicizing the Cabiz Experience.

5. In case of an accident (involving The Vehicle), The Hirer or authorized driver MUST report to The Company and the nearest Police Station within 24 hours no matter how minimal the accident is, and shall supply The Company with a duly filled and stamped Police Abstract Form detailing the accident. The Hirer shall also avail themselves and/or the authorized driver to give any statement (s) as required by The Company or the Insurer.

6. In light of the Comprehensive Insurance Coverage:

The Hirer hereby acknowledges that the insurance covers accidents and theft, as long as non-negligent behavior was displayed. The Hirer also acknowledges that damage to him/herself, or any other co-passenger, in the event of an accident is not covered by this insurance. The Hirer further agrees that he/she shall be held fully responsible for any outstanding payments not covered by the insurance in the case of an accident or theft. Failure to meet the legal qualifications to operate the Vehicle will lead to a loss of insurance and require The Hirer to cover all incurred costs due to damage or theft on his/her own. Any costs incurred by The Hirer/others during the period of the rental fall under the responsibility of The Hirer i.e. punctures, oil purchase, mileage interval service.

7. Vehicle (s) are NOT RESERVED unless a 30% Reservation Fee is paid against the Invoice, which is subject to the vehicle’s availability at the time of payment.

8. The Company reserves the right to change these *Terms & Conditions without prior notice to the public.

9. The Hirer agrees to make a Refundable Deposit per Vehicle rented with The Company that is to be used in the event of loss or damage to the Vehicle during the rental. After refilling the Fuel and paying for the cleaning service, the vehicle ought to be inspected by our logistics personnel for any scratches, dents, or damages caused during the rental.
10. i) If there is damage, we will send you a quote for the repair/replacement cost within 48 Hours and deduct the same from the Refundable Deposit held. Please note that if the damages caused exceed the amount paid as a deposit, the Hirer will be required to top up the difference upon receiving the quote.
11. ii) On confirmation that there is none, REPLY to the email that brought you the invoice and state that the vehicle has been returned and inspected by “NAME OF PERSON.” In the same email, please indicate either a Bank + Account Number or an Mpesa Phone Number where the refund should be sent ensuring that you get it RIGHT. Wrong transactions will not be The Company’s liability. Kindly Cc finance@cabiz.co.ke in the email. Refunds will not take more than 48 Hours except for deposits paid in cash using foreign currencies that are refunded immediately.

10. The Company will not be liable to The Hirer for any failure or delay in performing his/her obligations, which arise because of any circumstances, which it cannot reasonably be expected to control including but not limited to fires, floods, earthquakes, natural disasters, and acts of war.

11. The Hirer broadly accepts the risk of driving in general and in Kenya and East Africa. The Hirer will not hold The Company liable in any way for damage resulting from accidents in which The Hirer may be involved. The Hirer takes on any service of The Company at their own Risk.

12. The Company is responsible for any Vehicle issues that emerge during the term of their Vehicle Rental Period which can be attributed to the Vehicle itself and are in no way the result of the actions of The Hirer. The Company will cover any maintenance costs to the Vehicle that result from such an event and provide a backup Vehicle where deemed necessary.

The Company will NOT be responsible for any additional costs incurred to The Hirer as a result of the Vehicle issue. It is the responsibility of The Hirer to pay for and manage any maintenance-related issues that result from the use of the rented Vehicle during the Rental Period. The Hirer agrees to indemnify, defend, and hold harmless The Company for any loss, damage, or legal action against The Company as a result of The Hirer’s operation or use of the Rented Vehicle during the Rental Term.

The Hirer is responsible for all additional costs that might arise at the end of the rental period due to damage to the Vehicle i.e. logistics, recovery, insurance assessment, and labor fees. Moreover, the company reserves the right to raise a 10% surcharge on the daily rental total cost of the Vehicle for unplanned equipment downtime through the repair period.

13. Any arrears to The Company shall be paid within 14 Days from the date of return, failure to which the amount payable shall attract a 5% monthly interest until it is fully paid. J.M KIMATHI & PARTNERS ADVOCATES LLP shall have the mandate for debt collection services at the full expense of The Hirer.

By hiring the said Vehicle, I (the Hirer) have read, understood, and agreed to the Terms and Conditions indicated here above and will be responsible for breach of this contract.