Loaner Agreement

1. Borrower agrees that he/she has examined and inspected the loaned vehicle and that it is in first class mechanical and overall condition.
2. Borrower agrees that he/she will not cause, or allow the subject vehicle to be loaned, rented, or driven by any person other than Borrower, and is not to be driven beyond a radius of fifty (50) miles from Smitty’s place of business.
3. Borrower agrees that while this Agreement is in force, he/she will preserve and protect the subject vehicle from loss or damage. Borrower agrees to be liable for all costs of repairs regardless of fault. Borrower is specifically advised to be certain that his/her own automobile insurance coverage will provide payment of such loss in the event of an accident. Proof of Collision Insurance Coverage is required by the Borrower.
4. Borrower agrees that he/she will not use said vehicle, cause or permit the same to be used in any manner whatsoever in violation or contravention of any Municipal, County, State or Federal Law, ordinance or regulation.
5. Borrower agrees that in the event of any accident involving said loan vehicle he/she will, within twelve (12) hours following such accident, furnish Smitty’s a full and complete report thereof. Borrower will pay Smitty’s the market value of the vehicle and reasonable market value for loss of accessories unless otherwise specified.
6. Borrower agrees that all expenses incurred to the maintenance of the subject vehicle shall be borne solely to Borrower, and Borrower further expressly agrees to hold harmless and indemnify Smitty’s against all claims and demands arising or resulting from Borrowers use, storage of, and/or repairs to, the subject vehicle during the period of this Agreement.
7. Borrower covenants and agrees with Smitty’s that he/she will forever hold harmless and indemnify Smitty’s from any and all claims, demands, causes of action, attorney’s fees and expenses of any nature arising, or alleged to arise from, the use, operation, maintenance, or damage during said period. It is further agreed that in the event Smitty’s files any action filed by Borrower, or anyone claiming for personal injuries, or property damage arising out of the use of the subject vehicle while in the actual or constructive possession of Borrower, borrower agrees to pay Smitty’s upon arising out of the use of the subject vehicle while in the actual or constructive possession of Borrower, borrower agrees to pay Smitty’s upon demand any and all reasonable sums expended by it for attorney fees and court costs.
8. The loaned vehicle shall be returned by Borrower to Smitty’s within 1 day from date of completed repairs/maintenance or prior thereto. Borrower also waives any claim which Smitty’s may hereafter arise for any and all damage he/she may hereafter sustain by reason of any action, civil or criminal, which Smitty’s may take in connection with the Borrower’s use of retention of the subject vehicle in the event Borrower’s failure to return said vehicle to Smitty’s as specified in this paragraph. Smitty’s reserves the right to charge a daily late fee of $35.00/day for vehicle not returned within the guidelines of this agreement.
9. In the event Borrower has left another vehicle in possession of Smitty’s for the purpose of repairs or other service, and should Smitty’s Borrowed vehicle be damaged while in the possession of Borrower, then Smitty’s shall have lien upon and retain possession of such other vehicle left in possession of Smitty’s by Borrower until all damage to the borrowed vehicle has been paid, and if not paid within ten days after completion of repairs or other service, the Smitty’s may sell other vehicle and apply the proceeds to costs of repairs or other service to the borrowed vehicle.
10. Borrower agrees that he/she will not operate the vehicle while under the influence of alcohol or narcotics.
11. Borrower agrees that he/she will not smoke within the vehicle. By doing so the borrower will pay a $150 charge for cleaning of the borrowed vehicle. LOANER VEHICLES ARE NON-SMOKING VEHICLES.
12. Borrower agrees that he/she will not allow any animals with the vehicle.
13. Borrower agrees that he/she will return loaned vehicle with equal to or greater amount of fuel when vehicle was loaned.
14. Borrower agrees that he/she will, as his/her sole risk and expense, maintain Bodily Injury and Property Damage Liability Insurance covering the Bodily Injury or Property Damage Liability Insurance during said period of time.
15. Borrower represents that he/she is now duly authorized to operate a vehicle as evidenced by and ownership of the subject vehicle while this Agreement remains in force and effect, and to reimburse Smitty’s for any loss.
16. Borrower must present a current driver’s license and valid major credit card or debit card in the borrower’s own name with available credit. At the time of borrowing vehicle, an authorization hold will be secured on the credit/debit card provided. The authorization is to cover any additional charges that may be incurred ie. late return of vehicle, ez pass, parking violations, gas, deductible in the case of an accident but not limited to these examples.