TERMS OF USE - RENTAL AGREEMENT (1) The lessor identified on page one hereof (hereinafter Avcar CAR RENTALS) hereby rents to CUSTOMER named on page one, the motor vehicle described on page one subject to all terms and provisions on both sides of this Rental Agreement. The term CUSTOMER shall include the persons designated on page one of this Agreement as CUSTOMER and any additional authorised driver set forth on page one CUSTOMER agrees. (A) That neither CUSTOMER nor any driver of the vehicle, is or shall be an employee, agent or representative of Avcar CAR RENTALS for any reason or any purpose. (B)Vehicle shall be returned to Avcar CAR RENTALS or Avcar CAR RENTALS agent, only at the Avcar CAR RENTALS representative as otherwise specified on page one within twenty four hours (24h) hours from the date and time rented, or on but in no event more than thirty days (30) days after the commencement date of this Rental Agreement. CUSTOMER acknowledges said vehicle is the rightful property of Avcar CAR RENTALS although registered title may be in a third party, and that CUSTOMER receives the vehicle in good and safe mechanical, structural, and cosmetic condition. CUSTOMER agrees to return said vehicle in the same condition as received ordinary wear and tear accepted. AVCAR RENTAL MAKES NO WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED ASTOTHEMECHANICAL ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE COVERED BY THIS AGREEMENT. CUSTOMER agrees to deliver possession of the vehicle to AVCAR RENTAL upon demand, and Avcar CAR RENTALS shall have the right to seize, with or without legal process, and with or without notice to CUSTOMER for doing so and CUSTOMER waives any and all claims for damages due, or arising from, or connected with such seizure. 2. CUSTOMER acknowledges and understands that Avcar CAR RENTALS is relying upon CUSTOMER'S representatives that CUSTOMER operates or uses said vehicle in any other manner, or in any manner prohibited below, then CUSTOMER is responsible and liable to the Avcar CAR RENTALS for all damages to said vehicle, including but not limited to, the rental value of Avcar CAR RENTALS loss of use of said vehicle, ("loss of use" as used in this rental agreement will be determined by the reasonable retail value of renting a replacement vehicle during the period Avcar CAR RENTALS vehicle is unavailable for rental use, whether Avcar CAR RENTALS actually rents a replacement vehicle or not ).Parties hereto agree that any breach of the terms of this paragraph is a material breach of this AGREEMENT: CUSTOMER AGREES THAT SAID VEHICLE SHALL NOT BE OPERATED OR USED (A) In negligent manner (B) To carry passengers or property for hire, either express or implied, not to carry passengers other than within the interior of said vehicle if a car, or cab if a truck, not in numbers in excess of the respective seating capacity of the vehicle. (C) By any persons in violation of any law governing the operation use or return of the vehicle or for any unlawful purpose. (D) In any race, speed test or contest (E) To propel or tow any trailer or vehicle without Avcar CAR RENTALS written consent. (F) By any person other than those persons described above as the CUSTOMER provided always that any driver must be a qualified licensed driver, twenty one (21) YEARS OF AGE OR OLDER. (G) By any person with respect to whom Avcar CAR RENTALS has been furnished with false information. (H) By any person under twenty one (21) years of age (I) By any person while impaired or under the influence of intoxicants, drugs or narcotics, as defined by the laws of the jurisdiction where the vehicle is operated or used. (J) In any instance where the speedometer of said vehicle has been tampered with or disconnected. (K) Outside the state in which rented unless prior written consent of Avcar CAR RENTALS is first obtained and such permission is endorsed hereon. (L) With vehicle loaded beyond its rated capacity. Said vehicle shall not be left unattended unless all windows and all doors are closed and locked, and ignition key is removed from the vehicle. (M) On unsealed roads or off road conditions unless authorised by Avcar CAR RENTALS in writing or on the face of this agreement. (3) CUSTOMER agrees to pay Avcar CAR RENTALS on demand. (A) A mileage charge computed at the rate specified on page one for the mileage registered during the term of this Rental by the factory installed odometer of said vehicle, or by the hubodometer , it one is installed upon the vehicle. (B) Correct time, service minimum, and all charges specified herein subject to final audit by Avcar CAR RENTALS. (C) the additional fee for inter-city service, if any, specified on page one. or if said vehicle is left anywhere other than the renting office without Avcar CAR RENTALS prior written consent. to pay rental charges. computer based on the prevailing time and mileage rates only and an additional fee to be determined by Avcar CAR RENTALS based on the total charges incurred in returning the vehicle to the renting office plus Three Hundred and Fifty Dollars ($350.00) drop charge or at the option of Avcar CAR RENTALS a lessor drop charge. (D) State and local taxes and surcharge it any. (E) All fines, penalties and court costs for parking, traffic and other violations or statures or ordinances assessed against said vehicle CUSTOMER or AVCAR RENTAL, during the term of this Agreement except where cause through the direct fault of Avcar CAR RENTALS; which violations must be reported to Avcar CAR RENTALS by CUSTOMER. CUSTOMER must turn in all parking summonses with payment upon check in. CUSTOMER agrees to reimburse, indemnity, and hold Avcar CAR RENTALS harmless in the event Avcar CAR RENTALS pays any such fines, penalties and court costs on behalf of the CUSTOMER. (F) Whether or not due to the fault of the CUSTOMER, the retail value of repairing all damages to said vehicle resulting from collision or upset, including loss of use to the rental vehicle provided, however, if said vehicle is operated or used In accordance with all terms hereof Customers liability for such damages. IN ANY EVENT IF THE VEHICLE IS OPERATED OR USED BY PERSONS OTHER THAN CUSTOMER, OR IF VEHICLE IS OPERATED OR USED IN A MANNER IN VIOLATION OF PARAGRAPH TWO HEREOF OR OTHERWISE IN VIOLATION OF ANY OF THE PROVISIONS OF THIS RENTAL AGREEMENT, CUSTOMER IS RESPONSIBLE AND LIABLE TO Avcar CAR RENTALS FOR ALL DAMAGES TO SAID VEHICLE. INCLUDING, BUT NOT LIMITED. TO THE RETAIL VALUE OF Avcar CAR RENTALS "LOSS OF USE" OF SAID VEHICLE. (G) the rental value of repairing or replacing all damaged, stolen, or lost parts of said vehicle or for glass, windshield, or interior damage or for any damage caused by vandalism, or for the whole of said vehicle, resulting from direct and accidental loss or damage to said vehicle from fire, theft, or other causes insurable under the comprehensive coverage of a standard automobile physical damage policy, including 'loss of use" of the rental vehicle. (H) The rental value of repairs to the engine of the vehicle incurred as a direct or indirect result of CUSTOMERS failure to exercise ordinary care in the operation or use of the vehicle. (I) The retail value of all tyres, tools and accessories lost or stolen from said vehicle during the term of this AGREEMENT. And where permitted by law, a service charge of One and One-Half Percent (1.5°/) per month (18I annual rate) on any sums due hereunder which remain unpaid for more than Thirty (30) Days after the close of the term of this rental. If this transaction is on a credit card, CUSTOMER authorises Avcar CAR RENTALS to charge damages under paragraph 3 (GF), (G). (H) and (I) to customers credit card. (4) Processing of rental charges does net relieve CUSTOMER of any other liability incurred under this Rental Agreement. (5) CUSTOMER is covered on a primary basis for and automobile liability insurance policy containing bodily injury! death and property damage liability limits in accordance with the State minimum requirements, provided the vehicle is used or operated in conformity with the terms of this Rental Agreement. (6) CUSTOMERS agrees to be responsible for all under carriage damage and for all vehicle damage inflicted by the CUSTOMER (7) CUSTOMER will immediately report all accidents regardless of the extent of loss, damage or injury as a result of said accident to the appropriate law enforcement authorities AND TO Avcar CAR RENTALS or be responsible to Avcar CAR RENTALS for resulting damages. CUSTOMER agrees to complete a Avcar CAR RENTALS accident report. (8) Avcar CAR RENTALS shall in no event be liable for any indirect, special or consequential damages in connection with or arising out of the furnishing PERFORMANCE, use or failure of the vehicle including any claims based upon failure to honour a vehicle reservation request by CUSTOMER. (9) At the discretion of Avcar CAR RENTALS, one rental extension may be authorised, however, under no circumstances will a cash deposit be extended over the phone. (10) CUSTOMER shall not permit any repairs to the vehicle, or suffer any item to be replaced upon it without Avcar CAR RENTALS prior consent, and CUSTOMER shall pay any and all unauthorised charges in connection with any repairs or storage. All repairs shall be deemed unauthorised unless CUSTOMER obtains a purchase order number from Avcar CAR RENTALS prior to any repairs to the vehicle. (11) If suit is instituted by Avcar CAR RENTALS to recover possession of the said vehicle or to enforce any of the terms of this Agreement, or to collect any sums of money, damages, or costs of CUSTOMER herein. CUSTOMER shall pay all costs, reasonable attorney's fees and reasonable collection costs incurred by Avcar CAR RENTALS in such suit or suits. Any action based upon, or arising out of this Agreement whether for breach, declaration of rights, interpretation thereof recession or otherwise, any action between the parties relating to the transaction that led to the formation and execution of this Agreement shall be brought in the jurisdiction of this State. The parties hereto agree that the Agreement shall be enforced and interpreted pursuant to the laws of this State. (12) The invalidity of any portion of this Agreement shall not affect the remaining valid portions hereof, and if any provision of this Agreement shall be found to be unlawful, or contrary to public policy then only that portion of this Agreement which is unlawful, or contrary to public policy shall be reformed in the minimum amount necessary to comply with the law or public policy and the remainder of this Agreement shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties hereto and no alteration thereof shall be valid unless produced in writing and signed by both parties and no oral representation to the contrary shall be valid.