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This is an Agreement between the Hirer (“You”)
and the Company (“the Company”), identified on Page
1, to rent the motor vehicle (“the Vehicle”) described
on Page 1 including all its accessories, tools, tyres
and equipment as well as any replacement vehicle.
1.
Vehicle Condition and Return
You acknowledge the Vehicle is delivered
to You in good operating condition
with the seal of the odometer unbroken.
You agree to return the Vehicle in the same condition
(except for ordinary wear and tear NOT INCLUDING WINDSCREEN
OR TYRE DAMAGE) together with its tools, tyres, accessories
and equipment on the date and place specified on Page
1 (or sooner, if demanded by the Company).
The company may take possession of the Vehicle
without prior demand to You
and at your expense if there has been a breach of any
terms or conditions of this Agreement or if the Vehicle
is illegally parked, used in violation of the law or
is apparently abandoned.
If the seal of the odometer is broken, or otherwise
tampered with, You will be responsible for not only
an extra charge based on 500 kms
per day at 50c per kilometre,
but also for any cost
of repairing or replacing the odometer.
NOTE: If there is to be any extension of the period of hire beyond that
stated on Page 1, the Company must be notified and it must agree to such
extension in writing, otherwise the Vehicle will be
immediately reported to the police as stolen.
2. Persons who must
not drive the Vehicle
a)
A person who is not identified
on Page 1 as either the Hirer, Joint Hirer or Authorised
Driver;
b)
A person who is not licensed
to drive the hired class of vehicle;
c)
A person whose blood alcohol
concentration exceeds the lawful percentage whilst driving
the Vehicle;
d)
A person who is driving
the Vehicle whilst under the influence of a drug;
e)
A person who has given
or for whom You have given a false name, age, address
or driver’s license details;
f)
A person whose driver’s
licence has been cancelled, endorsed or suspended within the
last three years;
g)
A person who has held a
driver’s licence for any class
of vehicle for less than two years;
h)
A person who uses or intends
to use the Vehicle for an illegal purpose.
3. Circumstances where
the Vehicle must not be Used
a)
Any area outside the Area of Use shown on Page 1;
b)
Any unsealed roads or off-road
conditions unless authorized by the company in the Area of Use on Page 1;
c)
The carriage of any persons
for hire or the carriage of any inflammable, explosive
or corrosive materials;
d)
Pushing or towing any vehicle,
trailer, boat or other object unless the Company has
authorized such use in writing;
e)
The carriage of any greater
load and/or persons and/or for a purpose for which the
Vehicle was designed and constructed;
f)
The carriage of any animal
in the Vehicle unless authorized in writing or noted
on Page 1 in SPECIAL CONDITIONS;
g)
The use of the Vehicle
for racing, pace making, reliability trials, speed trials,
hill climbing or being tested in preparation for those
activities;
h)
The use of the Vehicle
in a dangerous manner;
i)
The use of the Vehicle
in contravention of any legislation or regulation controlling
vehicular traffic.
4. Obligations of the
Hirer/Joint Hirer/Authorised
Driver
NOTE: The Hirer/Joint Hirer and Authorised
Driver are jointly and severally liable for compliance
with the terms and conditions of this Agreement.
By entering into this Agreement, You are
responsible for and irrevocably authorize the Company
to debit the credit card provided on Page 1 or any other
credit card provided (and You will pay the company on demand any balance) with the following
charges:
a)
The rental charges specified
on Page 1;
b)
All charges claimed by
the Company in respect of parking and/or any other traffic
violations incurred during the period of hire or until
such later time as the Vehicle is returned to the Company;
c)
All loss or damage to the
Vehicle (including the loss or use of that Vehicle),
legal expenses, assessment fees, towing and recovery,
consequential third party damage, storage and company
service charges where:
(i)
Any term or condition of
this Agreement has been breached;
(ii)
The Vehicle is involved
in a single vehicle incident unless the Company waives
such loss to the Single Vehicle Incident Liability amount
shown on page 1 (which amount will apply in addition
to the Standard Liability Charge noted on Page
1). A Single
Vehicle Incident is defined as any incident where the
Vehicle suffers loss or damage as a result of an impact
with any object whether animate or inanimate except
another vehicle which can be fully identified and details
of which have been provided by You or on your behalf
to the Company;
(iii)
You have left the Vehicle
unlocked or left the keys in the Vehicle;
(iv)
You have failed to keep
the key secure and under your personal control;
(v)
The underbody of the Vehicle
is damaged regardless of cause except where there is
a collision with another vehicle;
(vi)
The Vehicle is totally
or partially immersed in water regardless of the cause;
(vii)
The interior of the Vehicle
is damaged regardless of the cause except where there
is a collision with another vehicle;
(viii)
The tyres of the Vehicle
are damaged other than by normal wear and tear;
(ix)
The Vehicle or any third
party property is damaged by driving the Vehicle under
or into an object lower than the height of the Vehicle;
(x)
You have failed to maintain
all fluid and fuel levels of the Vehicle or failed to
immediately rectify or report to the Company any defect
in the Vehicle of which you have become or ought to
have become aware;
(xi)
The Vehicle is damaged
by loading or unloading, normal wear and tear excepted;
(xii)
You have failed to secure
properly any load or equipment which leads to loss or
damage caused by any part of the load or equipment;
(xiii)You use the vehicle as an articulated vehicle unless agreed to by
the Company in SPECIAL
CONDITIONS on Page 1;
(xiv)
The exterior of the motor
vehicle is damaged regardless of cause except where
there has been a collision with another vehicle.
If you have paid for the hire of the Vehicle
by use of a credit card or directed the Company to bill
charges to some other person, corporation, firm or organization
who or which fails to make payment when called upon
by the Company, You hereby irrevocably accept that You
are liable and will immediately pay the full amount
due to the Company on demand. The Company, in addition, may charge You interest
at the rate of 18% per annum calculated on a daily basis
on all outstanding accounts or charges payable in accordance
with this Agreement, such interest to be computed from
the end of the rental period.
5. Damage Cover
Provided You and/or the Authorised Driver act within the terms and conditions of this
Agreement, You and/or the Authorised
Driver will receive the benefit of the Company’s insurance
cover with its insurer in respect of damage to the Vehicle
and/or damage to any third party property other than
damage to any property owned by You (including any friend/relative,
associate or passenger) in
your physical or legal control (cover also includes
your legal costs incurred with the insurer’s written
consent). This
cover is also subject to:
a)
You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE
on page 1;
b)
You and/or the Authorised Driver not having breached any terms and conditions
of this Agreement;
c)
You and/or the Authorised Driver not being covered under any other policy
of insurance; and
d)
You providing such information
and assistance as may be requested by the Company’s
insurer or anyone acting on behalf of the Company’s
Insurer.
If cover is provided then the Company’s insurer
may bring, defend or settle any legal proceedings in
its sole discretion and the Company’s insurer shall
have the sole conduct of any proceedings. Any
such proceedings shall be brought or defended in your
name or the name of the Authorised Driver.
6. General Provisions
a)
If there is any incident
involving loss or damage to the Vehicle or involving
the Vehicle while rented under this Agreement, You and/or
the Authorised Driver shall
promptly report such incident to the Company at the
location where the Vehicle was hired as well as delivering
to the Company immediately upon receipt by You and/or
the Authorised Driver, every
summons, complaint or paper in relation to such incident
involving such loss or damage.
You and/or the Authorised Driver must also report all incidents to the police
or other proper authority;
b)
You and/or the Authorised Driver irrevocably release and hold harmless the
Company (and its agents and employees) from all claims
for loss or damage to your personal property, or that
of any other person’s property left in the vehicle,
or which is received, handled or stored by the Company
at any time before, during or after the rental period,
whether due to the Company’s negligence or otherwise;
c)
You and/or the Authorised Driver acknowledge that the Company relies on the
truth of your/the Authorised
Driver’s representations in this Agreement;
d)
You and and/or the Authorised Driver will not refuse or fail to take any blood
analysis or breath test requested by the police;
e)
Except as provided by law,
no driver or passengers in the Vehicle shall be or deemed
to be the agent, servant or employee of the Company
in any manner for any purpose whatsoever;
f)
The Company gives no express
warranty in relation to the motor vehicle. Certain conditions and warranties are implied
by statutes, whether Commonwealth or State, which cannot
be excluded, restricted or modified, such as those under
the Trade Practices Act 1974. Where the Company is permitted to limit its
liability under those statutes for breach of an implied
condition or warranty the Company limits its liability
to replacement, repair or resupply of the Vehicle.
All other warranties, conditions and other obligations
which may be otherwise implied are expressly excluded
in their entirety. The
Company is not liable to You and/or the Authorised
Driver for any indirect, special, incidental or consequential
damages relating to this Agreement;
g)
No right of the Company
under this Agreement can be waived except by writing
of an authorized officer of the Company;
h)
Words used in this Agreement
to denote any gender shall include all genders, singular
words including the plural, and noted on Page 1;
i)
Notwithstanding any other
provision in this Agreement, a goods and services tax
(GST) or any similar tax, stamp duty or any other tax,
duty, surcharge, levy or fee (“charges”) imposed by
Local, State or Federal Government that is charged and
collected by the Company is imposed anywhere in Australia
and has application to any supply, or use made under
or in connection with this Agreement or in relation
to the use or the likely use of any roads, facilities
or other infrastructure by You and/or the Authorised
Driver or in relation to the provision of rental or
other services to You or the Authorised Driver. The
Company may in addition to the rate, price or any other
amount or consideration quoted or expressed as payable
elsewhere in this Agreement, recover from You and/or
the Authorised Driver an additional
amount on account of the charge.
Any additional amount on account of the charge
shall be calculated without any deduction or set-off
any other amount and is payable to the Company upon
demand;
j)
You and/or the Authorised Driver acknowledge that your interest in the Vehicle
is as a bailee of the Company
only and that You agree not to part with possession,
dispose of, encumber or assign any right or interest
in the Vehicle
and not create any lien on the Vehicle for repairs;
k)
You and/or the Authorised Driver agree to indemnify the Company from and
against any or all claims, demands, actions, liabilities,
losses, costs and expenses (including, but not limited
to legal costs on an indemnity basis) incurred by the
Company as a consequence of the failure for whatever
reason of the due and punctual performance of your obligations
under this Agreement;
l)
You acknowledge that the
Company has not in any way represented itself to You
as an entity carrying on the business of insurance;
m)
You and/or the Authorised Driver must not at any time admit liability for
any claim, loss or demand and agree that if such admission
is made by You and/or the Authorised
Driver then that is a breach of this Agreement.
7.
Fuel
The Vehicle must be returned
with the amount of fuel equal to that at the time of
the rental. If the Vehicle is returned with less fuel, the
difference will be charged at a rate which may include
a service component unless prior arrangements have
been made and noted on Page 1. Acceptance of those
charges is deemed to be proof of coverage and confirmation
of your agreement to accept the terms, conditions and
benefits of the Personal Accident Insurance.
A copy of the policy is available for your inspection.
I HAVE READ AND UNDERSTOOD THIS PAGE AND ANY OTHER CONDITIONS ON
PAGE 1 AND SIGNED IT BEFORE MAKING ANY AGREEMENT TO
HIRE ANY VEHICLE.
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