Motorcycle Lease in Israel Agreement
Agreement instructions are aimed at regulating all of the attachment conditions
between Motor Israel (hereinafter: the "Company") and the client whose name
appears in the order (hereinafter: the "Lessee") in anything regarding the lease of a
motorcycle in Israel and according to the details appearing in an order approved on
the Company's website (www.motorisrael.com) (hereinafter: the "Order").
Agreement headlines are meant for convenience only and will not be used for
construction purposes.
1. The Lease
1.1. This agreement's instructions replace any instruction of the Lease and
Lending Law of 5731 – 1971.
1.2. The Company leases the Lessee a motorcycle under a fixed term lease.
1.3. The Lessee hereby leases from the Company the motorcycle belonging
to the Company appearing in the Order or any replacement motorcycle
provided in its place (hereinafter: the "Motorcycle"), all according to all of
the conditions, instructions, certificates and warrants therein.
1.4. Lease term commences upon Motorcycle delivery to Lessee and ends
upon its actual return to the Company.
2. Lease Aim and Motorcycle Use Conditions:
2.1. Lessee undertakes that they are over the age of 24 and throughout the
lease term will hold an appropriate, valid driving license as per the laws of
the State of Israel.
2.2. Lessee leases the Motorcycle for self driving only and is authorized to
drive one person only, and undertakes not to deliver and\or transfer
and\or lease and\or provide use rights to others, whether for
remuneration or not, unless the Company has provided its prior written
consent.
2.3. Lessee undertakes to make cautious, reasonable use of the Motorcycle
and in a fashion in which owners safeguard their possessions, and
undertakes to drive according to traffic laws, the Traffic Order and Traffic
Ordinances, and any law.
2.4. Lessee undertakes not to drive and\or use the Motorcycle under the
influence of alcohol and\or drugs and\or medications and warrants that
they have no health (physical and\or mental) hindrance to driving the
Motorcycle.
2.5. Lessee undertakes to use the Motorcycle strictly within the State of
Israel, including non-entry to A territories (territories under civic and
security control of the Palestinian Authority) and any location the entry to
which is dangerous and\or prohibited by a qualified authority.
2.6. It is clarified that Lessee cannot perform any treatment and\or repair on
the Motorcycle, and\or installment and\or replacement and\or any
change in the Motorcycle, except puncture repair requiring Company
approval otherwise they will be fined as per section 3.1 hereunder.
2.7. Lessee undertakes to take all possible caution means to safeguard the
Motorcycle, including (without limitation) taking all of the possible
protection means, so that for instance under no circumstances will the
Motorcycle keys be left in the ignition when the Motorcycle is not in use
and the keys will be kept by the Lessee in a secured location which is not
visible.
2.8. Lessee undertakes to park the Motorcycle in regulated parking spots
only.
2.9. Lessee is not authorized to enter a subscription agreement with the toll
roads.
2.10.
For the avoidance of doubt, it is clarified that should Lessee fail to
use the Motorcycle as instructed by this agreement, Lessee will bear all of
the damages, direct and\or indirect, caused to the Motorcycle and\or
Company.
3. Payments and Charges
3.1. Lessee and\or credit card owner hereby undertakes to pay the Company
upon making the Order and the approval of this agreement and\or at the
time set for that and\or immediately upon first demand should a date not
be set, the following payments detailed in the Order and\or agreement
and\or Company price list as detailed hereunder:
A. Lease Fees – lease fees rate according to that determined in the
Order and subject to a kilometer\day quota limitation according to
lease term.
B. Securing Fees – upon making the Order and its approval by the
Company, Lessee will pay a sum equal to 30% of the Order's value,
forming a down payment and Motorcycle securing fees.
C. Deposit Fees – upon receiving the Motorcycle, Lessee will provide
deposit fees in the sum of 5,000 Dollars (U.S.), to be deposited via the
billing of Lessee credit card.
D. Kilometer Quota Exceeding Fees – for each additional kilometer
beyond the kilometer quota detailed in the Order and\or agreement,
according to Company tariff.
E. Gas Consumption Payments – Lessee undertakes to return the
Motorcycle with the same amount of gas in the tank as received upon
Motorcycle delivery, otherwise they will be charged for fuel tank
refilling as per Company tariff.
F. Damage Deductibles Payment – in any case of damage and\or loss
and\or malfunction to the Motorcycle, Lessee will pay deductibles in
the damage amounts up to no more than the deposit fees (5,000 U.S.
Dollars) and subject to this agreement's instructions.
G. Payment of Stolen Property Whole Value – in case of the theft of the
Motorcycle and\or its total loss and\or its accessories under
circumstances in which theft has occurred due to Lessee indifference
and\or negligence and\or those of anyone on their behalf and\or in
case Motorcycle keys were not returned to the Company, the
Company will be authorized to charge the Lessee with the full value of
the Motorcycle and\or damage. It is agreed that Motorcycle value will
be as determined in an official price list in the State of Israel known as
the Levi Yitzhak Price List at the relevant date.
H. Additional Payments to be Borne by Lessee – traffic\parking fines,
toll roads tolls, towing fees, Motorcycle storage at police premises
etc. coupled with handling fees and\or legal expenses ruled against
the Company and\or paid by it due to the above fines and\or any
monetary claim filed by a third party against the Company due to
Motorcycle use.
I. Fine Charges due to –
3.1.1. Documents loss 250 Dollars (U.S.)
3.1.2. Keys loss 500 Dollars (U.S.)
3.1.3. License plate loss 100 Dollar (U.S.)
3.1.4. Accessories loss (attire\helmets\GPS\speaker) will be priced
according to item cost for the Company
3.1.5. Motorcycle unpermitted repair 2,000 Dollars (U.S.) + cost of parts
3.1.6. Any KM excess beyond 250 KM a day Lessee will be charged for
0.5 Dollars (U.S.) per KM.
J. Should Lessee be charged with any monetary charge as detailed in
section 3.1 with its subsections, Lessee agrees that the Company will
be authorized to charge the credit card out of the deposit fees and
without providing them with any prior notice.
3.2. Company books will form conclusive evidence regarding lease term
duration, lease tariffs of all kinds and Motorcycle data.
3.3. It is agreed that any amount applicable to Lessee that will not be paid on
time will bear an arrears interest in an annual rate of prime + 5%.
3.4. Owner of the credit card whose details were provided in the Order
and\or this agreement hereby provides their consent and permission to
use the credit card details and\or signed credit vouchers as payment
means due to any of the Lessee's undertakings as per this contract and
the credit card owner and\or Lessee will have no claim against the
Company and\or anyone on its behalf due to credit card charge.
4. Order annulment
4.1. Lessee is authorized to annul the Order as instructed by the Consumer
Protection Law of 5741 – 1981 (hereinafter: "Consumer Protection Law").
4.2. Order annulment will be made in writing via fax and\or via the email to
the website.
4.3. In case of Order annulment up to 30 days prior to lease term, Lessee will
be charged with the securing fees amount, and in case of annulment
more than 30 days prior to lease date, securing fees payment will be
returned to Lessee with the deduction of Order fees cost in the sum of 5%
of the securing fees.
5. Accidents\Malfunctions\Theft\Damages
5.1. In case of theft or accident or criminal act or mechanical malfunction
involving the Motorcycle in any way, Lessee and\or anyone on their
behalf undertakes as follows:
A. To immediately inform the Company of the event and Motorcycle
location.
B. To make sure the Motorcycle is not left unattended and\or without
appropriate cautionary means.
C. To provide the Company with all of the details of the vehicle\s and\or
person\s involved in the accident, including driver details and their
insurance policy.
D. To try and obtain all the possible details of the accident's witnesses
and the vehicles and drivers involved in the accident.
E. Not to admit any argument and\or demand and\or claim by any third
party and not agree to any waiver and\or settlement and not admit
responsibility and\or guilt to anyone.
F. To cooperate with the Company and\or anyone on its behalf in
anything necessary for the reduction of Company damages, and aid
the Company in anything necessary for its full compensation by a
third party, including appearance in court hearings, provision of
affidavits etc. Failure of the above and lack of cooperation with the
Company will expose the Lessee to any payment, including the
amounts the Company will be required to pay by a third party.
G. To immediately take any necessary action to reduce the damage,
including Motorcycle stoppage and its towing to Company garage
and\or any other action as necessary. It is hereby clarified that the
above does not award Lessee the right to perform any repair and\or
treatment to the Motorcycle.
H. Following the event, Lessee must report as soon as possible and no
later than 24 hours of the event to the Company's offices and provide
a written notice regarding the event. In case of theft, in addition to
that Lessee must also inform Israel Police.
6. Responsibility and Damages Coverage
6.1. It is clarified and agreed that the lease fees include only obligatory
insurance + third party insurance coverage for the Lessee only, according
to a corporeal damages liability policy as per the Motor Vehicle Insurance
Order (New Version) of 1970 and policy instructions are to be deemed an
inseparable part of this agreement.
6.2. For the avoidance of doubt, it is hereby clarified that damages coverage
will not apply to the cases detailed hereunder, and that in those cases
Lessee will be obligated to pay the Company the full damage caused to
the Motorcycle and\or Company whether directly or indirectly.
A. Damage event was caused maliciously and\or indifferently by Lessee
and\or anyone on their behalf.
B. Damage event was caused by Lessee and\or anyone on their behalf as
result of negligence under circumstances which form breach of any of
this agreement's instructions, including (and without limitation)
Motorcycle use by those unauthorized to drive it.
C. Regarding any case of Motorcycle damage and\or loss and\or
malfunction for which no damages coverage was purchased and\or
that are not covered under the insurance policy within this
agreement.
7. Motorcycle Delivery and its Return to the Company
7.1. Motorcycle will be delivered to Lessee for a preset term, in general
working order and with no defects and\or malfunctions, except those
marked in the Motorcycle delivery form.
7.2. Lessee undertakes to return the Motorcycle to the Company in the same
state as received from the Company, at the location in which the
Motorcycle was delivered to them and upon the lease termination date
stated in the Order.
7.3. A lease day is 24 hours from the Motorcycle's delivery time and
according to Company working hours, and for each hour of delay in
returning the Motorcycle Lessee will be charged according to one third of
the daily tariff. Due to a delay of more than 3 hours, Lessee will be
charged with the cost of a full lease day.
7.4. Lessee is authorized to return the Motorcycle prior to the end of the
original lease date, provided they give the Company a prior notice,
however, in any case, Lessee will be charged according to the lease days
appearing in the Order and not according to actual lease days.
7.5. Should the Lessee wish to postpone the Motorcycle's delivery date to
the Company, they are to obtain the Company's explicit consent for any
delay in returning the Motorcycle. Failure to return the Motorcycle to the
Company upon lease termination, without Company consent, will form
breach of agreement and deemed theft awarding the Company all the
legal remedies, including (and without limitation) delay of Lessee funds
and\or documents until the full payment of their debt and\or possession
seize of the Motorcycle and entrance to any location in which the
Motorcycle will be kept for its seize and return to the Company.
8. General
8.1. It is hereby agreed that in any case of agreement termination for
whatever reason and following a notice, Company will be entitled to
enter Lessee premises and\or the location in which the Motorcycle is kept
and take all actions and steps at its disposal, to immediately return
possession of the Motorcycle, and all expenses due to that will apply to
the Lessee and the Lessee hereby waives any claim of damage and\or
expense and\or loss caused to them and\or any third party as result of
Motorcycle seize.
8.2. Parties' addresses for notification purposes are as stated in this
agreement's preamble. Any notice not delivered in person will be mailed
by one party to the other according to the addresses mentioned in this
agreement and\or the Order.
8.3. The qualified courts of Tel Aviv – Yaffo are awarded unique, exclusive
jurisdiction in debating the agreement and any matter related to and
stemming from the agreement, including, without derogating from the
above, its construction and\or breach and\or validity and\or legality
and\or annulment etc.
8.4. Use terms will be subject to the laws of the State of Israel only, exclusive
jurisdiction in any matter concerning use terms is that of the qualified
courts of Tel Aviv – Yaffo.
8.5. Any notice to the Company regarding this agreement will be made
according to these details: Motor Israel
fax
email
St., phone