The ‘Agreement’ comprises all documents issued to renter and commencement and termination of rental. ‘Damage’ means the loss of or damage to the vehicle resulting in cost or expense by the owner in connection with such a loss or damage.
The ‘Rental Period’ means the period commencing with the time of rental and the ending either when the Vehicle is returned to the return location specified or when the owner receives proper confirmation of theft or destruction of vehicle.
‘Renter’ means the person who has signed overleaf or on behalf of whom this Agreement has been signed.
‘Third Party Damage’ means any loss of or damage to third party property, including property of the owner other than the vehicle, and any costs incurred by the owner in connection with such loss or damage.
‘Vehicle’ means the vehicle described in the agreement and or and substitute vehicle including parts, tyres, accessories, tools etc.
2. RENT OF VEHICLE
Renter hereby rents the vehicle from the owner on the terms of the Agreement.
3.1 Renter agrees and declares that:
- He has within the last three years, not been convicted of an offence relating to driving a motor vehicle under the influence of alcohol or drugs or with a blood alcohol level over the legal limit.
- He holds a current driver’s licence (full or non probationary) valid in the place of rental and for the class of vehicle rented for a period of 12 months or longer; and
- He has correctly set out his particulars in the agreement.
3.2 Renter acknowledges that the Owner relies on the truth of the Renter’s representations in the Agreement.
4. DRIVING THE VEHICLE
Renter agrees that when driving and maintaining the Vehicle during the Rental Period he/she will:
- not allow the Vehicle to be used for any illegal purpose, race contest or to tow or push anything or carry more passengers or load for which it was built;
- not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
- nor refuse or fail to take any blood analysis or breath test requested by the police;
- not to allow the Vehicle to be used to carry passengers for payment of any kind;
- take all reasonable steps to safeguard the Vehicle from accident, damage or loss, not abuse or misuse it the Vehicle when it is damaged or unsafe or use it in conditions for which it is unsuitable;
- not use the Vehicle to transport property unless Renter at his own costs obtains the necessary approvals, permits and licenses and complies with all government requirements;
- not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess for that for which the Vehicle was constructed;
- nor without the Owner’s prior written consent use the vehicle to carry dangerous goods or other hazardous substances as classified by the Australian Code for the Transport of Dangerous Goods by Road and Rail or relevant State or Territory legislation;
- not without the owners written consent allow any person to drive the Vehicle other than those persons listed in the Agreement;
- not drive or use the Vehicle in contravention of any road traffic or other applicable legislation applying from time to time in any State or Territory, including exceeding relevant speed limits;
- secure and lock all doors and windows of the Vehicle and remove the keys from the Vehicle when parking or leaving the Vehicle unattended.
5. RETURN OF VEHICLE
5.1 Renter will return the Vehicle to the Owner;
- at the return location, date and time shown in the Agreement
- in the same condition as it was at the commencement of rental, in a clean state with body washed out, with a full tank, fair wear and tear and unforeseen breakdowns or defects excepted.
5.2 If Renter returns the Vehicle to the location nominated, or to a different location to that shown on the Agreement Renter will pay a return location charge to cover the transport, towing and other costs of returning the vehicle to the originating location upon termination of rental, unless otherwise agreed in writing.
5.3 The Owner may terminate this Agreement and repossess the Vehicle without notice if there has been a breach of this Agreement or the Owner suspects that the Renter has breached this agreement or if it is likely that damage or injury may occur. If such a termination occurs the Renter will pay the Owner all costs and charges he has already incurred under this Agreement up to the time of repossession.
5.4 If Renter fails to return the Vehicle at the location date and time shown in Agreement or within 24 hours of written or oral demand to Renter, Renter will be deemed to be in unlawful possession of the Vehicle without consent of the Owner.
6. ACCIDENTS, DAMAGE AND LOSS OF PROPERTY
6.1 Where Renter has breached this Agreement, Renter is liable, without limitation, for all:
- Third Party Damage;
- Overhead Damage;
- Underbody Damage; and
- Water Damage howsoever caused and whether intentional or not.
6.2 Where Renter has not breached this Agreement Renter is liable: without limitation, for all:
- Overhead Damage
- Underbody Damage
- Water Damage
6.3 Where Renter has not breached this Agreement, Renter’s liability shall be limited to the amount of the excess referred to in the Agreement for each incident where Damage or Third Party Damage (other than damage of the kind or in the circumstance described in clause 6.2) occurs during the Rental Period.
6.4 Renter shall immediately inform owner of any incident where Damage, Third Party Damage, Overhead Damage, Underbody Damage or Water Damage occurs howsoever caused. Failure to notify owner constitutes a breach of this Agreement.
6.5 Renter acknowledges that Owner is not liable for any loss caused by the theft of any personal property from the Vehicle, for the damage to any personal property in the Vehicle or for the loss of any personal property left in the vehicle during or after the end of the Rental Period.
6.6 Notwithstanding the above, Renter is liable to the extent permitted by law for all damage, Third Party Damage, Overhead Damage, Underbody Damage and Water Damage occurring during the Rental Period howsoever caused where Renter is entitled to claim under any insurance policy for such Damage, Third Party Damage, Overhead Damage, Underbody Damage or Water Damage.
6.7 Renter acknowledges that Owner has not in any way represented itself to the Renter as a person carrying on the business of insurance.
6.8 Renter indemnifies Owner from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs) incurred by Owner as a consequence of the failure for whatever reason of the due and punctual performance of the obligations for any direct, special or consequential damages relating to this agreement.
7. LIABILITY OF THE OWNER
The Owner gives no express warranty in relation to the Vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be restricted or modified. Where Owner is permitted to limit its liability under those statutes for breach of an implied condition or warranty the Owner 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. Owner is not liable to Renter for any special, incidental or consequential damages relating to this agreement.
8. CLAIMS AND PROCEEDINGS
where use of a Vehicle by Renter results in any claim, accident, damage or loss, Renter:
- will immediately report such incident to the police station nearest to the scene of the incident and in writing to the owner within 24 hours;
- will not, without Owner’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
- agrees the Owner or its insurer may at its own cost bring, defend, enforce or settle any legal proceedings against third parties; and (d) will immediately complete and return Owner’s accident report form and furnish to the Owner within 48 hours any statement, information or assistance which the Owner or its insurer may reasonably require, including attending at lawyer’s offices and at Court to give evidence.
9.1 Renter agrees to pay the Owner on demand after due allowance for any pre-payments all charges payable under this Agreement, including but not limited to:
- the rental charge for the Vehicle during the Rental Period (whether at flat rate charge or time and distance charge) and any other fees or charges appearing in agreement. Distance charges are measured from the Vehicle’s odometer;
- fuel supplied by Owner.
- All monies payable by the Owner or Renter arising out of the use of the Vehicle by Renter or imposed on the Owner or on the Renter, by any governmental or other competent authority (including but not limited to tolls, road user charges and traffic infringements, or other fines or penalties incurred in relation to the vehicle during the Rental Period) together with any related legal or court costs incurred by the Owner; and
- All monies for which Renter is liable to the Owner under this Agreement in respect to damage, loss or otherwise. For repayment of amounts payable hereunder Renter appoints the Owner its agent to recover amounts payable under Renter’s insurance, including the excess and amounts payable under clauses 6.1 to 6.8 relating to the Vehicle and authorises the Owner to charge the Renter’s charge card for all charges under this Agreement and Renter’s signature on Agreement will be considered to have been made on the applicable charge card voucher (this includes any costs incurred by Owner as a result of any breach by Renter of the terms of this Agreement)
9.2 The Renter remains primarily liable for all payments and charges payable under this Agreement and if the Renter has directed the billing for such payments and charges to be transmitted to another person, firm or corporation which upon so being billed has failed to make payment within 30 days, then Renter shall upon demand promptly pay such payments and charges to the Owner.
9.3 The Owner may charge the Renter 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.
9.4 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 or 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 the Renter or Driver or in relation to the provision of rental or other services to the Driver or Renter, Transport Refrigeration Services P/L may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from Driver or Renter 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 of any other amount and is payable to Transport Refrigeration Services P/L upon demand whether such demand is by means of an invoice or otherwise.
10.1 The Renter acknowledges his interest in the vehicle is as a bailee of the Owner only and he agrees not to part with possession or dispose of or encumber or assign any right or interest in the Vehicle and not to create any lien on the Vehicle for repairs.
10.2 Where the Renter is more than one person liability shall be joint and several.
10.3 Waiver by the Owner of any breach of this Agreement shall not constitute a waiver of any subsequent or continuing breach.
10.4 In this Agreement, unless the contrary intention appears, words importing gender shall include other genders and the singular includes the plural and vice versa.
10.5 Headings are inserted for convenience and do not affect the interpretation of this agreement.