PARTICULAR CONTRACT OF LEASE OF VEHICLE (S) AND OTHER CONDITIONS
1 - PURPOSE AND PROPOSAL
1.1.1. The term "vehicle" means: motor vehicle (s), rented, including tires, tools, equipment, accessories, plates, keys, vehicle document (s), in perfect which requirements, conditions and other specifications are all mentioned in the Proposal (s) and other related documents signed by the CLIENT, which are part of this Agreement.
1.1.2. The eventual and / or monthly lease of Vehicle may be destined for legal entities or individuals, option that will imply to the CUSTOMER the observance of the respective and specific responsibilities, according to the modality of the contracted lease.
1.2. From the Proposal. The Proposal contains a statement from the CLIENT accepting unrestricted and unconditionally all clauses and conditions of this Agreement, as well as confirmation of having received a true and complete copy of the same and the Proposal. The leased Vehicle will be fully identified in the Proposal, stating its conditions upon delivery at the Vehicle Delivery Inspection.
1.2.1. It is stipulated by common agreement between the contracting parties that the duties and obligations contained in the Proposals, unrestrictedly and integrally the CUSTOMER and the driver of the vehicle may have been indicated by the CUSTOMER, who may be the CUSTOMER himself or a third party ("Indicated Driver"), assuming the CUSTOMER, jointly and severally in relation to the Indicated Driver, the full responsibility CIVIL AND CRIMINAL by the conduits and information provided to the LESSOR, as well as personal information regarding the Indicated Driver, contained in this Agreement, also attesting that they are properly qualified under current legislation.
2 - REGISTRATION OF DELIVERY AND RETURN AND OTHER RELATED CONDITIONS
2.1.1. The CUSTOMER hereby declares that he has received from the LANDLORD the Vehicle and that after Vehicle Delivery Inspection agrees that it is in accordance with the completed inspection, fully equipped, in perfect conditions of cleanliness, operation and conservation, committing itself to deliver it to the LESSOR, within the hours of operation of the store, in the same state and conditions in which it received, not later than the final term of this Agreement, excluding only the wear and tear of tires arising from normal use of the vehicle.
2.1.2. The CUSTOMER assumes full responsibility for any damages resulting from (i) the misuse or misuse of the Vehicle for the time it is under its custody, and (ii) for damages, even if found after the Return Vehicle, without any new lease being made (for example, but not exclusively, an engine problem that can not be immediately detected at the time of Vehicle Return Inspection), in either case, regardless of CUSTOMER, by the Indicated Driver or third party.
2.1.3. In the event of return of the Vehicle outside the hours of operation of the LESSOR, and as a way to avoid the collection of new CLIENT's daily charge, the LESSOR may exceptionally receive the Vehicle without performing the Vehicle Return Inspection, the CLIENT agreeing, that such procedure be carried out on the next working day in the first working hours, when he should be present to follow the act, and can not oppose any claim regarding any damages not found on the return, your non-attendance will imply full acceptance of the terms of the survey.
2.2. Loss of Documents or Keys. If the return of the Vehicle occurs unaccompanied by the circulation documents and / or keys, the CUSTOMER will be charged as a fine in both cases, the amount equivalent to 01 (one) vehicle rental per day, for each of the in addition to the payment of expenses necessary to obtain a new copy of the documents and / or to make a copy of the keys, plus (s) the respective administrative fee (s) item "4.2".
2.2.1. The Vehicle Registration and Licensing Certificate ("CRLV") provided by DETRAN, which contains the Vehicle data, as well as its status with the IPVA and compulsory insurance, is understood as circulation documents.
2.3. From the Fuel Tank. The CUSTOMER declares upon receipt of the vehicle that the LESSOR has delivered it with the fuel tank with the amount stated in the Proposal, and the CUSTOMER must return it under the same conditions of quantity in the same location as the withdrawal of the Vehicle.
2.3.1. In the event that the Vehicle is returned with a lower amount of fuel in relation to the delivery, the fuel difference will be charged according to the values established per liter in the Proposal.
2.3.2. In the event that the Vehicle is delivered by the CLIENT and / or returned by the CLIENT outside the LESSOR store in any circumstances, the quantity required for return in any branch of the LESSOR shall be charged for the purpose of fuel collection.
2.4. From Vehicle Cleaning. If, upon the return of the Vehicle, it is not in the conditions of cleaning of the delivery, the CLIENT shall be charged, considering the state of the Vehicle, a simple or complete washing rate, according to the price charged at the time, which shall be increased of the respective management fee and the price of a daily lease in the event that the duration of the wash compromises a new lease that would begin on that date.
2.4.1. In case the Vehicle returns to the store during the period of lease to make the necessary mandatory revisions and when the need to wash the same, the Customer will be charged the respective rates of washing.
3 - Of the basic requirements for the driver of the vehicle
3.2. With special needs. The holder of special needs to drive, with the appropriate note in the Driver's License, should consult with the LESSOR to confirm if they have vehicles adapted or adaptable to their needs.
3.3. Of the Traffic Rules. The CLIENT, regardless of whether he is Brazilian or foreign, declares that he / she fully knows and obeys the traffic rules stipulated in the National Transit Code and other Internal Transit Organs.
4 - OF THE PRICE OF THE LEASE AND OF THE COMPLEMENTARY VALUES
4.2. Complementary Values. The LESSOR may charge supplementary amounts as provided above, in the event of the provision of any additional services, such as, but not limited to, extra per diems, administration fee in the percentage up to 20% (twenty percent), damages and other damages foreseen in this Contract, the Complementary Values being payable simultaneously to the CLIENT's reimbursement / payment to the LESSOR of the value object of this Contract or, if observed after the completion of the Vehicle Return Term, on the date determined by the LESSOR.
4.3. From Odometer Change. On returning the vehicle with the adulterated odometer, the CUSTOMER will be charged the equivalent of 400 km (four hundred kilometers) per day for the entire period of the rental.
4.4. Early or late delivery. In case of early return of monthly lease, the collection will be done as follows:
i. - Before the 25X day, will be charged according to the amount of the lease fee, considering the number of days actually leased;
ii. - After the 25X day, the total amount of the contracted monthly rate will be charged.
iii. - After the end of the first month of lease, the AREA will pay the per diem in the form of a pro rata.
4.4.1. In the event of a possible / daily lease, the early or delayed return of the Vehicle will cause the CUSTOMER to pay the amount of the daily rate established in the chart in force in the place where the CUSTOMER made the lease, considering the period of effective lease, given the progressivity of the prices practiced.
5 - THE PAYMENT METHOD, THE MEDIA FOR COLLECTION AND OTHER CONDITIONS.
5.1.1. From the Collection of Complementary Values. As provided for in Clause Four above, the LOCADORA is hereby authorized to proceed with the collection of all Complementary Values, and may do so through bank, automatic debit or credit card provided by the CLIENT. Such Supplementary Values are due even if any expenses are calculated after the Vehicle Return Term, it being incumbent upon the LESSOR to notify the CLIENT about the debit made.
5.1.2. Not being possible to collect in the forms and conditions of the item above, including in relation to the Complementary Values, or if there is no AREA about the notification made by the LANDLORD, IN THE DETERMINED TIME, about the debit, or even in case of non-reception by the LANDLORD any justification given by the AREA, in LANDLORD may issue a tax document relating to the amounts corresponding to the debts, with the consequent issue of a duplicate, remaining LANDLORD collection by all legal means admitted, including requesting the record of protest of the title, as well as forwarding the name of the AREA to credit restriction registers.
5.2. From the Guarantee for Term Payments. The CLIENT may negotiate directly with the LESSOR the term payment of this Contract. In such situations, the LANDLORD may at any time require a guarantee for future payments, with the result that the AREA, from now on, declares to accept and to be in full agreement.
5.3. Address Update. The CLIENT, in the case of an individual, undertakes to keep his / her residential or home address up to date and, in the case of a legal entity, the address of his / her parent or affiliate (if the agreement is made with the affiliate's data) any change to the LESSOR, under penalty of characterization of contractual noncompliance and the filing of the competent judicial measure.
5.4. Return of Values by the LESSOR. In the need to return any amounts to the AREA, except in the event of the availability of credits for future leases, the payment will be made by the LANDLORD up to 5 (five) business days, counted from the confirmation of the liquidation of all pending AREA, by means of current account credit held by the AREA or by partial reversal of the charge to the customer's credit card, if applicable.
5.4.1. From the Tolerance Period. It is considered by the LANDLORD as the grace period, the first 60 (sixty) minutes subsequent to the time determined for the return of the Vehicle. After this Tolerance Period has elapsed, the CLIENT agrees that the delay in the return of the Vehicle will result in the collection of an additional, as follows:
i. 1 / 5 (one-fifth = 20% of daily rate), per hour of delay, up to the limit of 2 (two) hours; or
ii. an extra night, if the delay is longer than 2 (two) hours.
5.5. Delay in Payment. The delay in payment will imply the collection by the LESSOR of the CLIENT of:
(i) a fine of 20% (twenty percent), of the total amount due;
(ii) monetary restatement according to the IGP-M variation or, in the event of its non-existence, a similar index; (iii) interest for late payment in accordance with the provisions of art. 406 of the Civil Code (that is, by the monthly variation of the rate that is in force for the delay of payment of taxes to the National Treasury); and (iv) the eventual reimbursement of expenses, judicial or extrajudicial costs and extrajudicial legal fees (in the percentage of 10% - ten percent) or judicial (in the amount of 20% (twenty percent), both of which are applicable to the total amount of debt.
6 - OF THE TERMINATION PERIOD OF THE LEASE AND NOT RETURN WITHIN THE DEADLINE
6.2. Of the Extension of the Term. The extension of the lease contracted herein shall only be permitted by the previous and express agreement of the LESSOR, and the CLIENT shall be obliged to inform it, in writing, by facsimile or e-mail, at least 24 hours prior to the date of contracted delivery.
6.3. No Vehicle Return on Time. Failure to comply with such obligation and not occurring the return of the Vehicle in the final term, characterizes the unlawful possession and misappropriation of the Vehicle, resulting in the immediate reintegration of possession, without prejudice to the CUSTOMER's liability for damages and other damages civil and / or criminal sanctions. In addition, the CLIENT shall make (i) the payment of the rents for the excess days used, at the then current values; (ii) 20% (twenty percent) contractual fine, calculated on the total value of the Contract and other applicable requirements as set forth in Clause Fifth above; (iii), with all legal or extrajudicial expenses that the LESSOR has in the search, seizure and effective reintegration of the rented vehicle.
6.3.1. In case of non-compliance with the above item, the CLIENT will lose the right to any discounts, promotional prices granted in the Proposal.
6.4. Completion of the Rental. Regardless of the manner and conditions of the return of the Vehicle, for purposes of delimiting the responsibilities of the CLIENT on the Vehicle, the moment the Vehicle is returned to the direct ownership of the LESSOR shall be considered as closing of the lease.
6.5. IN THE FOREGOING OF THE FERRY, THEFT, FIRE, COLLISION OR TOTAL LOSS OF THE VEHICLE, the date of delivery of the Accident Report and the Internal Accident Report, in the LESSOR, together with the keys of the vehicle and document of the Vehicle, also providing data of possible witnesses, the police that attended him and other information that contribute to the clarification of the accident.
6.6. In the event of an accident, the CLIENT shall provide copies of the documents and other information of the third party, such as: (i) Driver's License; (ii) Vehicle Registration and Licensing Certificate; (iii) telephone (s) and address (es) of the third party and the victim (s). If CUSTOMER does not meet all the requirements of this item, CUSTOMER shall be fully liable for payment of the total value of the damage (material damages) and lost profits of the leased Vehicle.
6.6.1. TOTAL LOSS of the vehicle is considered when the sum of the repair values necessary for its reuse reaches the amount equivalent to 50% (fifty percent) of its market value. The market value of the sale value of the FIPE table is understood as the market value.
6.7. Of the Termination. The Contract may be denounced with 48 (forty eight) hours in advance, provided that it is motivated by both parties during the rental period, and the Vehicle must be returned in the place indicated in the Proposal.
6.8. Change of Contractual Modality. When the CLIENT wants to change the modality of the lease (eventual / monthly / eventual) he / she must appear in the LESSOR to formalize this change in the Proposal.
7 - LESSORS 'OBLIGATIONS
7.2. Provide service by telephone (0800 Service Center) to the CLIENT, in cases of mechanical damage or defects in the Vehicle, as well as clarifying any doubts that may occur with respect to this location, through its Call Center.
7.3. Carry out, at your own expense, the replacement of the tires of the Vehicle at each 40.000 (forty thousand) kilometers, regardless of whether such distance has been covered exclusively by the CLIENT.
7.4. Carry out the Inspection of Delivery and the Return Inspection, under the terms provided in this Contract.
7.5. To charge the amounts, in accordance with the terms and conditions set forth in this Agreement.
7.5.1. Block Vehicles that do not have the payments made by the CLIENT within the agreed period.
7.6. The LANDLORD makes no warranty in addition to those offered by the manufacturer of the Vehicle, or when it is used improperly or off the urban roads and official roads.
8 - CUSTOMER OBLIGATIONS
8.1.1. Observe the existence of restrictions on the circulation of Trucking vehicles in locations where there are applicable local municipal laws.
8.2. Use the Vehicle only in national territory, and it is expressly prohibited to cross any boundary with the Vehicle.
8.3. Assume full responsibility for the conduct of the Vehicle. For purposes of clarification, it is expressly prohibited for another driver to drive the Vehicle, in case the driver is not the CUSTOMER or the Driver Indicated in the Proposal.
8.4. Keep and transport with the Vehicle in a safe place. In case of failure of the Vehicle to travel, or its operation may cause greater damages, due to mechanical defects or accidents, the CLIENT undertakes to provide, by all means available to it, 24 hours assistance in order to avoid further damage or acts of vandalism. The CUSTOMER is responsible for all transportation and / or transportation costs of the Vehicle from the accident site to the nearest LESSOR store, regardless of the benefit granted.
8.5. Cost of equipment and accessories (headlights, lanterns, internal and external mirrors, radio / CD / mp3), tires and all other costs related to equipment and accessories of the Vehicle that are not covered by the Minimum Indemnity / , iron or light alloy wheels, triangle, wheel switches, jack compatible with the weight and load of the vehicle, fire extinguisher, cigarette lighter, crankcase protector, battery, fiber bonnet, vehicle keys, upholstery, antenna, full steppe, carpet set, sunshade, damaged seats and covers, glass including damages to the windshield, crates and documents of the vehicle CRLV), and can not be replaced or destroyed unless expressly authorized by the LESSOR.
8.6. Observe and adopt the necessary measures to meet the requirements in the Vehicle manual regarding preventive reviews and maintenance, and you must immediately notify the LESSOR to take the necessary measures to ensure the regular operation of the Vehicle, under penalty of CUSTOMER to assume full liability for damage to the Vehicle and engine before the LESSOR. In the event of loss of the factory warranty due to the CUSTOMER, the CUSTOMER will be responsible for the costs of any revisions that may be necessary, plus a fine of 20% (twenty percent), without prejudice to compensation for lost profits and other contractual and legal penalties.
8.7. Inform immediately, through the Customer Service Center, any necessary faults and / or repairs on the Vehicle, as well as strictly follow the orientation of the Customer Service Center. It is forbidden to the CLIENT to perform any repairs or services on the Vehicle without the previous and express authorization of the LESSOR, who will not be responsible for the refund of any amounts paid by the CLIENT to such title, if not observed the conditions contracted.
8.8. Make the timely payment of the amounts involved in the lease.
8.9. To pay with any and all traffic tickets and their additions, as provided in this agreement.
9 - FINES FOR INFRINGEMENTS TO THE BRAZILIAN NATIONAL TRANSIT CODE
9.2. In the event that the LESSOR is not able to indicate the offending driver, the CUSTOMER must indicate to the LESSOR within a maximum period of 5 (five) days from the receipt of the notification to be sent by the LESSOR, under penalty of affecting the penalties provided for in the Brazilian National Transit Code.
9.3. The CUSTOMER will bear the value of the traffic ticket, plus 20% (twenty percent) as a result of the administrative costs incurred by the LESSOR and the value of the mail for notification to the CLIENT and respective indication of the driver. These amounts will be charged by the CUSTOMER'S LESSEE through credit card or bank collection with maturity against presentation.
9.4. The lodging of an administrative appeal with the competent Transit Organ, against the imposition of traffic violation, does not constitute grounds for non-payment of the corresponding traffic ticket and other costs mentioned above, or extension of the term for payment described in the previous item.
10 - BANS FOR THE USE OF THE VEHICLE
a) For the transportation of cargo or passengers, by charging of any nature, or the transport of persons or goods, even if gratuitous, in addition to the capacity informed in the technical specifications of the Vehicle;
b) In test of speed, runs or competitions of any nature; for the transportation of fuels, explosives or any other flammable material, of products prohibited by law, as well as for any other purpose incompatible with the purpose described in the Contract;
c) For use incompatible with the characteristics of the Vehicle or in disagreement with the purpose of the lease;
d) In the prohibitions contained in the National Traffic Code;
(e) squeeze, push and / or tow other vehicles;
f) Any illicit purposes;
g) Political campaign, unless there is express authorization from the LESSOR; and / or
h) In conditions unfit for traffic in traffic routes that present a risk to the Vehicle, such as flooded areas and dunes, as well as other lands that do not provide safety for the integrity of the Vehicle.
11 - WAIVER'S LIABILITY EXEMPTIONS
a) For any indemnity for material, moral and / or personal damages caused or suffered by the CUSTOMER, and / or its passengers or third parties;
b) For any indemnity for material, moral and / or personal damages caused by third parties to the CUSTOMER, or to its passengers;
c) For goods or values left inside the vehicle;
d) sudden illness or health problems;
e) Illicit acts;
f) Expenses of daily or fees in public or private deposits, in case of seizure of the vehicle or need for custody due to impossibility of locomotion due to any act attributable to the CUSTOMER;
g) Moral damages of any kind, lost profits, caused to the CUSTOMER, passengers, authorized drivers and third parties;
h) Loss of profits caused to third parties;
i) Expenses of any kind, caused to the CUSTOMER or third parties;
j) Expenditure on fuel;
k) Expenses with traffic tickets;
l) Professional services of lawyers;
m) Damage to tires and vehicle glass;
n) Damage to the bodywork, paint, upholstery or mechanical parts by careless use of the vehicle.
12 - VMI - MINIMUM INDEMNITY / MANDATORY PARTICIPATION VALUE
12.2 - In the event of a collision or breakdown of the vehicle, when the quote presented by the LESSOR for repairs does not exceed the MINIMUM INDEMNITY / MANDATORY PARTICIPATION AMOUNT foreseen in the RENTAL PROPOSAL, the CUSTOMER will only be responsible for the payment of the value of the repairs to be performed.
12.3 - THE IMPLIED MANDATORY PARTICIPATION OF THIS ITEM DOES NOT HAVE ANY LEGAL NATURE OF INSURANCE, CAN NOT BE UNDERSTOOD AS A FRANCHISE, BASED ONLY IN A MANDATORY RIGHT OF MERELY PECUNIARY AND PERSONAL CHARACTER BETWEEN THE CONTRACTING PARTIES.
13 - CUSTOMER RESPONSIBILITIES
13.2 - When they comply with any of the PROHIBITED OR IMPEDITIVE CLAUSES OR VEHICLE DRIVING CONCLUSIONS, contained in this RENTAL AGREEMENT, and / or have acted negligently, recklessly or maliciously causing damage to the vehicle of the rental company or to third parties and / or when CUSTOMER's conduct and / or authorized driver is responsible for the accident.
13.3 - When there is evidence of conduct provided for in the Brazilian Traffic Code characterized as serious and / or serious infractions, among others, citing the following cases, for example:
13.3.1 - Safety distance:
29, II (the driver must maintain a lateral and frontal safety distance between his and the other vehicles, as well as in relation to the edge of the track, considering, at the moment, the speed and conditions of the place, of the circulation of the vehicle and weather conditions).
13.3.2 - Accidents and rollovers:
Art. 28 (the driver must, at any moment, have control of his vehicle, directing it with attention and care indispensable to the safety of traffic)
Art.169 (driving without attention and without the indispensable care);
13.3.3 - Speeding:
Art. 218 (to travel in speed superior to the maximum allowed for the place, measured by instrument or skilled equipment, in highways, transit routes, arterial ways and other ways).
13.3.4 - Compatible Speed:
220, VIII, XI (avoid reducing the speed of the vehicle in a way that is compatible with traffic safety: under rain, mist, fog or strong winds, with the approach of animals on the runway).
13.3.5 - Transit backwards:
Art. 186 (It is forbidden to travel on two-way traffic routes, except to overtake another vehicle and only for the time necessary, respecting the preference of the vehicle to cross in the opposite direction).
13.4 - Fail to store the vehicle in closed garages or parking lots; leave the vehicle on public or non-public roads at any time.
13.5 - Stop keeping the vehicle's CRLV documentation.
13.6 - Fail to present the BO - report of police occurrence.
13.7 - Fail to fill in the claim report of the store (Internal Accident Report).
13.8 - Switch off the antitheft system / tracker.
13.9 - Fail to pay or delay amounts due to the rental company.
13.10 - Fail to return the CRLV documents and car keys to the rental company in case of theft and accident.
14 - REPLACING YOUR VEHICLE
15 - INDEMNIFICATION
16 - GENERAL CONSIDERATIONS
This contract obliges, in addition to the contractors, their heirs or successors, in the lease signed with individuals. In the case of contracting with a legal entity, in addition to obliging the entities created by virtue of spin-off, merger and incorporation, in the event of an irregular dissolution of the company, it will automatically oblige its partners, observing the model of the corporate constitution.
This agreement will be terminated in full in cases of non-compliance with any of its clauses and / or terms and / or conditions, and the offender is obliged to pay a compensatory fine of 20% (twenty per cent) of the total value of the contract, without prejudice to other legal and contractual penalties.
In the hypothesis of LANDLORD court for damages caused to third AREA, it is already assured to the LANDLORD, in accordance with art. 70, III, of the Code of Civil Procedure, to exercise its right of recourse against AREA by the values of their possible condemnation.
O AREA, you agree to accept any request from the LANDLORD, irrespective of its procedural form, for its entry into legal proceedings against it promoted by third parties, a victim in an accident caused by AREA in the direction of the vehicle, committing itself to recognize in court the limitation of liability of the LANDLORD contractually established and agreed damages.
In accordance with the current legislation, Complementary Law No. 116 / 03; Opinion COSIT / DITIR No. 351 / 93; Law 8846 / 94, article 1º, § 2º and Law nº 9532 / 97, the leasing of vehicles is not taxable of the ISS, reason why the LANDLORD will only deliver via mail or mail the tax document (lease invoice) related to the object of this contract, once it is closed.
O AREA is aware and recognizes that the company's vehicle leasing system REFERENCE LOCATOR OF VEHICLES is formed by another legal entity of the same economic group (TRANSPORTES GRITSCH LTDA), with financial and legal administrative autonomy. Therefore, it undertakes to resolve judicial or extrajudicial cases directly with the respective identified store.
The rights deriving from this contract, in relation to the AREA, are totally non-transferable without express consent of the LANDLORD.
IT CONSIDERS THE RENTAL PROPOSAL to the following statement: "This RENTAL PROPOSAL and VISTORIA are integral parts of the Rental Agreement of Vehicle (s) and Other Conditions, registered in the - 4º Office of Registration of Securities and Documents and Legal Entities in the city of Curitiba under 508.510 and microfilm 563.938, in 04 / 06 / 2013 and its subsequent changes and consolidations, a copy of which is hereby AREA receives in this act, importing his signature as being full, unrestricted and unconditional adherence to all terms contained therein. "