Ute & Car Hire Terms & Conditions
This is an Agreement between the prospective hirer identified on Page 1 (you) and the Company identified on Page 1 (the Company) to rent the motor vehicle described on Page 1 including all accessories, tools, tyres and equipment and any replacement vehicle (all vehicle).
1. VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition and 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 ALL TOOLS, TYRES, ACCESSORIES AND EQUIPEMENT TO THE LOCATION SPECIFICED ON PAGE 1. AND ON THE DATE THERE SPECIFIED (OR SOONER IF DEMANDED BY THE COMPANY). The Company may take possession of the vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. If the seal of the odometer is broken the person responsible will be reported to the appropriate authority and you are responsible for extra charges based on 500 kilometres per day at 50c per kilometre. Note:- The Company must be notified and agree to any extension of the period of hire beyond that stated on Page 1. of this agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.
2. AUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle:-
a/ A person who is not identified on Page 1. Or has not been identified in writing to the Company or approved by the Company in writing.
b/ A person who is not licensed for that class of vehicle.
c/ A person whose blood alcohol concentration exceeds the lawful percentage.
d/ A person who has given or for whom you have given a false name, age, address or drivers license details.
e/ A person whose drivers license has been cancelled, endorsed or suspended within the last three years.
f/ A person who held a drivers license for less than two years.
g/ A person who is less than 21 years of age.
Circumstances in which and/or for which the vehicle must not be used:-
h/ Outside the area of use limitations shown on Page 1.
i/ On unsealed roads or off road conditions unless authorised by us in writing or the face of this agreement.
j/ To carry persons for hire or to carry any flammable, explosive or corrosive materials.
k/ To propel or tow any vehicle, trailer, boat, or other object unless the Company has authorised such use in writing.
l/ To carry any greater load and/or more persons that is lawful or use in a manner or for the purpose other than for which it was designed and constructed.
m/ To carry any animal or pet in the vehicle unless authorised in writing or on the Page 1 of this agreement.
n/ For racing, pace-making, reliability trials, speed trials, hill climbing or being tested in preparation for those persons.
o/ In a dangerous manner.
p/ In contravention of any legislation or regulation controlling vehicular traffic or by any illegal purpose.
3/ FINANCIAL OBLIGATIONS
SPECIAL NOTE:- Joint hirers and all drivers are jointly and severally responsible under this agreement.
YOU ARE RESPONSIBLE FOR ANY BY ENTERING INTO THE AGREEMENT ON PAGE 1. YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT/DEBIT CARD PROVIDED OR ANY OTHER CREDIT/DEBIT CARD PROVIDED (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:-
a/ All rental charges specified on Page 1.
b/ All charges claimed for the Company in respect of parking, tolls 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 motor vehicle (including loss of use) legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and company service charges where:-
i/ any condition of this agreement, and in particular Condition 2. Or any special condition on Page 1, has been breached;
ii/ the vehicle is involved in a single vehicle incident (or not under the control of an authorised hirer at the time of loss) unless the company waives such loss to a single vehicle incident liability amount shown on Page 1 (which amount will apply in addition the standard liability charge noted on Page 1). A single vehicle incident is defined as any incident whether the vehicle suffers loss or damage as a result of an impact with any or all object/s whether animate of inanimate except another vehicle which can be fully identified and all details provided;
iii/ you have left the vehicle unlocked or left the keys in the vehicle;
iv/ you have not kept the key secure and under personal control;
v/ the underbody of the vehicle is damaged regardless of cause when no other vehicle is involved;
vi/ the vehicle is totally or partly immersed in water regardless of cause;
vii/ the interior of the vehicle is damaged regardless of cause when no other vehicle is involved;
viii/ the tyres of the vehicle are damaged other than by normal wear;
ix/ the vehicle or any third party property is damaged by driving it under or into an object lower than the height of the vehicle;
x/ you have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you became aware;
xi/ the vehicle is damaged by loading or unloading, other than normal wear;
xii/ your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment;
xiii/ the vehicle is damaged regardless of cause when driven into an unmanned or parked vehicle;
Special Note:- If you have paid by use of credit card or directed the Company to bill charges to some other person, corporation, firm or organisation, who or which fails to make payment when due, you will immediately pay the full amount due to this Company on demand.
4/ DAMAGE COVER
If you act within the terms and conditions of this agreement the Company will grant a damage cover (including legal costs incurred with our consent) for your benefit in respect of damage to the vehicle or third party damage other than any property owned by you (or any friend, relative, associate or passenger) or in your physical or legal control.
This cover is subject to:-
a/ Your payment of the damage/loss liability charge stated on Page 1.
b/ Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions of Page 1.
c/ Your not being covered under any policy insurance.
d/ Your providing such information and assistance as may be requested and, if necessary, authorising the Company insurer to bring, defend or settle legal proceedings, but the Company shall have sole conduct of the proceedings.
5/ GENERAL PROVISIONS
a/ You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while rented under this agreement to the Company location where the vehicle was hired and will deliver to the Company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting all incidents to Police or other proper authorities.
b/ You 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 persons property left in the vehicle, or which is received, handled or stored by the Company at any time before, during or after this rentals period, whether due to the company’s negligence or otherwise.
c/ Except as provided by law no driver or passenger in the vehicle shall be or deemed to be – the agent, servant or employee in any manner for any purpose whatsoever
d/ THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
e/ No right of the Company under this agreement may be waived except in writing by an officer of the Company.
f/ Words used in this agreement to denote any gender shall include all genders, singular words include the plural, and noted on Page 1.
The vehicle must be returned with the amount of fuel equal to that at the time of 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 arrangement have been made and noted on Page 1.
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.