When you bring in your vehicle for service at Diehl Automotive, we want to make sure you and your family are taken care of. Many repairs are quick and we can have you back on the road doing the things you love most that same day. Others can take longer - whether due to parts needed, length of repair, etc. Big repairs can be extremely frustrating and stressful. To help alleviate your stress, Diehl is proud to offer rental vehicles to our customers. While we're hard at work repairing your vehicle, you're able to go about your day the way you want instead of sitting in our waiting area watching Judge Judy. Keep in mind, we love Judy and if you want to sit and watch Judy all day, we won't judge. We actually completely respect and love that about you because she's awesome.
Multi-State Vehicle Use Agreement Terms and Conditions ("Terms and Conditions")
1 Definitions. 'Agreement' means all terms and cond;tlons found on the "Face Page' and on all pages of these Terms and Conditions. 'You' or "your" means the person identified as the Customer on the Face Page, each person signing this Agreemenl, every Authorized Driver and each person or organization to whom charges are billed by us al its or the Customer's direction. You are jointly and severally bound by this Agreement. ·we," ·us' or 'our· means the Independent automobile dealer or its affiliate named elsewhere in this Agreement. "Vehicle' means the automobile or truck identified in this Agreement and each vehicle we substJtute for it, and all its tires, tools, accessories, equipment. keys and documents. The Vehicle may be a temporary substitute ior a Customer-owned or Customer-leased vehide that you have given us the opportunity to service or repair ("Service Replacement Vehicle'). 'Rental Period· means the period from the time you lake possession of the Vehicle until the time that the Vehicle ls either returned to or recovered by and checked in by us. ·Loss of Use' means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss or it during the Rental Penod, Including uses other than ror rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation oi employees. "Daily Vehicle Rate' means either your dally time and mileage fee: or, for Service Replacement Vehicles, the dally time and mileage fee that we typically charge for vehicles of the same type as the Vehicle. "Diminished Value• means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement. "Charges· means the iees and charges that are incurred under this Agreement. "Vehicle License Fee· means our estimate of the average per day per vehicle portlon or our total annual vehicle licensing, Utling,_ and registration costs.
2. Nature of Contract; Consideration: Indemnity and Warranties. This Agreement Is a contract for rental of the Vehicle offered to you. This rental is solely a bailment tor mutual consideration. By signing the Face Page, you agree to all terms and conditions of this Agreement and acknowledge that binding consideration eX1sts, as iollows: our opportunity to service or repair a vehicle you left with us; financial benefits we receive from others for the service/repair work: financial benefits we receive from others to obtain and use this Vehicle as a Service Replacement Vehicle; a fee you pay us; and/or the rights and obligations of this Agreement. To the extent permitted by law, you: (a) agree to indemnify us, defend u's and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement or your use of the Vehicle; and (bl we make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. 3. Authorized Drivers. You represent that you are a capable and validly licensed driver.
(a) Definition. "Authorized Driver' means: (i) the Customer and the Customer's spouse or domestic partner; (ii) additional drivers listed by us In this Agreement; (iii) If the Customer is a business entity, "Authorized Driver" includes Customer employees who are permissible drivers on the business entity's auto insurance policy; (iv) the Customer's employer, employee or coworker who Is engaged in a common business activity with the Customer; (v) a licensed driver driving the Vehicle to a medical or police facility dunng_ an emergency; and (vi) a person who parks the Vehicle in a commercial establishment. (b) Reoulrements. Each Authorized Driver must possess a valid driver's lfcense and meet our age restrictions: (I) If the Vehicle Is a Service Replacement Vehicle, and the Customer is the sole registered owner of a vehicle left with us for service or repair, then the Customer and the Customer's spouse or domestic partner must be at least age 18. Otheiwise, the Customer and the Customer's spouse or domestic partner must be at least age 21; and (ii) an Authorized Dnver defined in paragraphs 3(a)[IQ through 3(a)(iv) must be at least age 21. There are no minimum age requirements for Authorized Drivers defined ln Paragraphs 3(a)(v) and 3(a)M). Authorized Drivers are the only persons permitted to drive the Vehicle.
4. lnspectlon; Condition and Return of Vehicle. You must return the Vehicle to our office on the date and time specified on the Face Page (or sooner upon our demand) with at least as much fuel as when rented, unless we offer, and you purchase, pre-paid fuel. We may repossess the Vehicle at your expense without notice lo you 1f the Vehicle 1s abandoned or used In violation of law or this Agreement. You may extend the Rental Period for up to one week if you obtain our consent before the date due, and we-may require you to return the Vehicle to our office ior inspection. The total Rental Period may not exceed 30 days under any circumstances The Vehicle must be returned In the same condition that you received it except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for all damage to or loss oi it untll we inspect rt on reopening for business, and Charges may tontipue to accrue. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories. You will check and maintain Vehicle fluid levels. You grant us, our agents. assigns and each person with a financial interest in the Vehicle the right to Inspect the Vehicle during the Rental Period. 5. Responsibility for Damage or Loss: Reporting to Police. Regardless oi fault, you are responsible for theft or loss of the Vehicle and all damage to it, includinQ damage caused by collislon, weather, road conditions. acts of nature, theft, and vandalism. Your responsibility includes: (a) all physical damage 10 the Vehicle measured as follows: (i) 1f we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; 01} If we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B} the reasonable estimated retaTI value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the Daily Vehicle Rate by the actual or estimated number of days from the date the Vehicle Is damaged until it is replaced or repaired. which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and Impound charges and other reasonable Incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys' fees. collection fees, and costs whether or not litigation fs commenced You are responsible for replacing missing equipment and Vehicle documents and keys. You must report all Vehicle accidents and incidents of theft or vandalism to us and the police upon discovery. 6. Prohibited Uses. The following uses of the Vehicle are prohibited and constitute material breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver or not licensed to drive, or by anyone whose driving license is suspended; (b) by anyone under the influence of alcohol or prescription or non-prescription drugs; (c) by anyone who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent or misleading information; (d) for an illegal purpose or in the commission of a felony or other crime; (e) to carry persons or property for hire or to provide transportation network company or other transportation services; (f) to tow an object in excess of 2,000 pounds, unless specifically approved by notation on the Face Page, or to push anything; {g) in a race or speed contest; (h) to teach anyone to drive; (i) outside the United States or Canada, or outside the geographic area described elsewhere in this Agreement, if any; 0) on an unpaved surface; (k) when the odometer has been tampered with or disconnected: (I) when it is reasonable to expect you to know that further operation of the Vehicle would damage it; (m) if applicable, by anyone who lacks experience drivin a vehicle with manual transmission; (n) to transport an animal (other than a service animal); (o) to carry more passengers than the number of existing seatbelts; (p) by anyone driving or operating the Vehicle while using a hand-held wireless communication device (or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages) while not in a hands-free mode; (q) in a willful or reckless manner or to intentionally damage the Vehicle or cause injury or property damage to others; or (r) by anyone who is smoking, vaping, or using tobacco products In the Vehlcle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (TO THE EXTENT PERMITTED BY LAW). 7. Responsibility to Others. You are responsible for all damage or loss you cause lo others. You agree to maintain automobile insurance during Uie term of this Agreement which provides to the owner, lo us, and to you, the followin9 pnmary coverage: (a) Bodily injury ("Bl') and property damage {'PD') liability coverage; (b) Personal injury protection ("PIP"), no-fault, or similar coverage where required; and (c) Uninsured/underinsured ('UM 1'UIM') coverage where required. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Where permitted by law, by signing this Agreement, you reject UM, UIM, and supplemental no-fault or PIP coverages. Where we are required lo provide such coverage, you hereby select the minimum limits required by law Because you are providJn auto Insurance, we are not. In states wnere the law requires us lo provide insurance, your insurance will be primary. Any insurance we are required to provide applies only to claims of accidental Bl and PD resulting from the use of the auto, and Is excess to any other valid and collectlble insurance whether primary, secondary, excess or contingent. Our insurance pollcy contains exclusions. condltions, and limitations applicable to anyone claiming coverage. You agree lo cooperate with our Insurer if any claim is made. and give us Immediate notlce or damage. claim, or lawsuit against you. Our Insurance applies only m the United Stales and Canada. Engaging in a Prohibited Use described in paragraph 6 or any other material breach of this Agreement wltl void any insurance coverage.
8. Reserve: Charges. You permit us to reserve against your payment card at the time of rental a reasonable amount In addition to estimated total charges. We may use- the reserve to pay all Charges. We will authorize the release of any excess r&serve upon the completion of your rental. Your payment card issuer's rules will apply to your credit line or account being credited for the excess, which may not be immediatel released we by your card issuer. You will pay us all Charges, includln: (a) taxes, surcharges, and otberfees; (b) a return check fee 1f you pay us with a check returned unpaid; (c) al r expenses incur recoverfng the Vehicle if It is not returned to the renting location on the date and time promised: (d) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, (e) a late fee on all Charges that are not paid when due; (f) a reasonable fee to clean the Vehicle If it Is returned with evidence of smoking, vaping. or animals or otherwise substantially less clean than when recetved by ou;
odo reasonable fee 1f you lose the keys, key fob, or toll transponder to the Vehicie; and (I) a surcharge if you do not return the Vehicle on the date and time and to the location specified on the Face Page. All Charges are subiect to our final audit.
9. Responsibility for Tolls. Traffic Violations, and Other Charges. You are liable for all tolls rTolls1 and parking cltaUons, photo enforcement fees, fines for toll evasion. and other fines, fees, and penalties• (each a "Violation") assessed against you, us or the Vehicle dunng the Rental Period. If we are notified by charging authorities that we may be responsible for payment of a Toll or Vlolation, you agree that we or a processing firm ('Processor") may. In our sole discretion and without prior notice to you, pay the Toll or Violation plus applicable taxes on your behali directly to the appropriate authority. tfwa or a Processor elect to pay a Toll or Violation, you may not be able to challenge the validity or the Toll or Violation before the charging authority. We or the Processor will charge you the face value of the Toll or Violation and _any taxes. plus an administrative fee per Toll and Violation. If we or a Processor, in our sole discretion, elect to transfer liability for a Toll or Violation assessed against the Vehicle during the Ren la I Period to you personally, we or the Processor will charge you an administrative fee per Toll or Violation. You authorize us to release your rental and payment card Information to the charging authorities and the Processor for processing and billing purposes. lfwe or the Processor pay a Toll or Violation. you authorize us and the Processor lo charge all payments and admin(stratlve fees to the payment card you used in connection With this Agreement. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes {and our administrative fees). you rnusl pay all tolls with a personal transponder that Is accepted on the road; use only cash lanes and pay cash; plan a route to avoid tolls; or consult local authorities for other payment methods
1 D. Personal Property and Information. To the extent permitted by law, you release us. our agents, and our employees from all claims for loss or or damage to personal property that was left with us or carried in the Vehicle. If you fail to claim property left in the Vehicle for more than 30 days, we may dispose of that property in a manner we choose. You agree that we may disclose personally iderttlfiable information about you to applicable law enforcement agenc;es or to our affiliates or third part.ies in connection with enforcement of our rights under this Agreement and for other legitimate business purposes. The Vehicle may be equipped with an Infotainment system that permits you to connect your personal device and pre-set radio stations and GPS locations. If you use an infotainment system, the Vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. Follow the steps displayed on the Vehicle system screen to delete this Information and the device from the Vehicle's memory. We are not responsible for assuring the privacy of that information and cannot guarantee that other persons will not have access to this Information after you return the Vehicle. 11.- Telematics Notice and Release. You acknowledge that the Vehicle may be equipped with a telemalic.s system, global positioning satellite ("GPSl technology, an electronic locator device, and/or an event data recorder (collectively ''Telematics System"). Your use of the Vehicle may be remotely monitored by us or on our behalf through a Telemalics System to the extent permitted by law. Remote monitoring may include the collection of Vehicle data, such as location, odometer oil life, fuel level, tire pressure, battery charge, diagnostic trouble codes, and olher elements thal we may deem necessary or desirable. You acknowledge that these systems may use cellular telephone. wireless technology, or radio signa1s to transmit data, and therefore you should have no expectation of privacy related to the use of this Vehicle. You shall inform any and all drivers and passengers oi the Vehicle of the terms of this paragraph. We are not responsible for the operability of any Telematlcs System included with the Vehicle. To the extent permitted by law. you agree to release and indemnify. defend and hold us, the operator of the Telemalics System, wireless carriers, and other supJ)Hers of components or services harmless from any 'damage-to persons or property caused by fallure of a Telematics System to operate properly, or otherwise arising from the use of the Telematics Sstem.
12. Miscellaneous. No term ofth1s Agreement can be waived or modified except by a writing that we have signed or on a form that we provide. This Agreement constrlutes the entire agreement between you and us. All prior representations ancf agreements between you and us regarding the use of the Vehicle are void. Our waiver of a breach of this Agreement, our acceptance oi payment from you, or our failure, refusal or neglect to exercise our rights under this Agreement does not constitute a waiver of another provision of this Agreement. You waive all recourse against us for criminal prosecutions we take against you for breach of this Agreement. TO THE EXTENT PERMITTED BY LAW, YOU RELEASE US FROM ALL LIABILITY FOR CONSEQUENTIAL. SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS TRANSACTION OR THE RESERVATION OR USE00F A VEHICLE. If a provision of this Agreement is deemed void the remaining provisions are valid and enforceable.