Terms and Conditions of Hiring
1. In this Agreement unless the context otherwise requires.
1.1 "Vehicle" means the motor vehicle(s) and/or trailer referred to Item 3 of the schedule and shall include all tyres tools spare parts accessories and safety equipment supplied with the Vehicle described in item 3 if the schedule.
1.2 "The Insurance" means the policy of insurance arranged by the Owner in the name of the Owner for the purpose of covering damage to the third party property.
1.3 "The State" means the State of South Australia.
1.4 Words importing the masculine gender shall include other genders and words importing the singular number shall include the plural References to persons shall include corporations. References to "Owner" and "Hirer" shall include their respective successors, personal representatives and assigns. Where there is more than one Hirer the term "Hirer" shall include such persons both jointly and severally.
2. The Hirer warrants that:
2.1 The Hirer is over the age of 18 years;
2.2 The hirer holds a current licence valid in the State for the type or class of Vehicle rented; Provisional licence is not accepted
2.3 All particulars shown in the the schedule are correct and the Hirer acknowledges that the Owner relies on the truth of these representations;
2.4 Before signing this Agreement the Hirer has examined the Vehicle and satisfies himself as to its condition safety suitability and roadworthiness for the Hirer's purpose and agrees that no warranty condition description or representation on the Owner's part is given other than such (if any) as are contained in this agreement;
3. The Hirer agrees:
3.1 That the hirer and the Joint Hirer (if any) are jointly and severally responsible for payment of all charges incurred under this agreement;
3.2 That unless the Owner agrees to accept payment by the use of a credit card payment for all charges under this Agreement is due in cash at the end of the rental period;
3.3 That charges not paid on time as required by this Agreement may be subject to a late payment fee. The Hirer may also be charged a fee for any cheque used for payment that is returned unpaid.
3.4 That the Owner makes an error or omission in calculating charges due or if the Owner is unaware of certain charges upon return of the Vehicle the Owner may make further demands on the Hirer and the Hirer agrees to pay such charges immediately on receipt of the demands.
3.5 That if the Hirer uses a credit card to pay the charges the Hirer authorizes the Owner to reserve credit with the card issuer in an amount equal to all estimated charges that the Owner may debit the Hirer's account with ant charges incurred under this Agreement. Paying with cash does not incur any credit card charges.
4. The Hirer agrees:
4.1 That no person other than the Hirer or the Joint Hirer is authorized to use drive or operate the Vehicle;
4.2 That if the Vehicle is damaged such that its further use may be likely to cause injury or damage to any person or property the Hirer shall not use the Vehicle whilst it remains so damaged; and
4.3 To return the Vehicle to the Owner in good mechanical and physical order and condition at the Hirer's premises on the date and time specified in item 4 of the Schedule.
5. The Hirer shall not without the consent of the Owner first obtained in writing:
5.1 Part with possession of the Vehicle during the period of hire;
5.2 Make or give any offer, promise, payment, settlement, waiver, release, indemnity or admission of liability in respect of any accident damage to the Vehicle or the poroperty of any third person of injury to any person whatsoever.
6.The Hirer shall not alter or make an addition to the Vehicle.
7. The Hirer shall not:
7.1 Cause or allow the use of the Vehicle for the conveyance of passengers for hire fare or reward.
7.2 Use the Vehicle for any illegal purpose or in contravention of any law of the State;
7.3 Drive the vehicle under the influence of any alcohol or drug or with a blood alcohol level as indicated by analysis of the driver's breath or blood in excess of that permitted by law of the State.
8. The Hirer agrees:
8.1 To pay all parking and traffic violation fines and penalties for offences committed by the Hirer and to pay all levies duties imposts and other charges imposed by any government body in any way connected with the Hirer's use of the Vehicle whether received by the Owner or the Hirer relating to the period of the use of the Vehicle by the Hirer;
8.2 To indemnify and hold the Owner harmless if the Owner pays the fines levies duties imposts and other charges charges referred to in Clause 8.1 hereof and to reimburse the Owner for its related collection and other expenses;
8.3 That the Owner is hereby authorized to release to any government body any information relating to any person who uses the Vehicle during the rental period
9 The Owner shall not be under any liability for any property stolen from the Vehicle or damaged while in the Vehicle or left in the Vehicle after its return to the Owner.
10 The Hirer shall be liable for and shall indemnify the Owner from and against any damage action legal liability loss claim or proceedings in respect of:
10.1 Any injury or damage whaysoever to the Vehicle and/or to any property real or personal arising out of in the course of the use of the Vehicle by the Hirer or by any act or omission of the Hirer whether or not the same is due to the negligence omission or default of the Owner;
10.2 Any statute or common law dealing with personal injury to or death of any person whomsoever arising out of or in the cause of or caused by the use of the Vehicle by the Hirer;
10.3 Any false inaccurate or misleading statement in relation to the making of this Agreement;
10.4 Any breach of the terms and conditions of this Agreement by the Hirer.
11. The Hirer agrees that the Owner shall not be responsible for any loss damage or delay caused to the Hirer as a result of any breakdown mechanical defect or other failure in the Vehicle.
12. 12.1 The Hirer shall immediately notify the Owner if the Vehicle is destroyed or damaged or of any event which might lead to a claim under the insurance effected by the Owner and to do all things which the Owner may reasonably require to be done to enable the owner to receive indemnity under the insurance;
12.2 The insurance does not in any circumstances extend to any Hirer carrying volatile liquids, gases, explosives or corrosive materials with or without the Owner's consent;
12.3 Subject to clause 12.4 in the event of any claim upon the insurance by the Owner resulting from the use of the Vehicle by the Hirer shall in respect of each claim pay the following excess;
(a) Where the Vehicle is being driven by a person between the age of 21 years and 25 years the sum of $2800.00;
(b) Where the vehicle is being driven by a person over the age of 25 years the sum of $2800.00
12.3.1 When using a tip truck (known as tipper) There has also been an additional excess applied to the policy in relation to any claims which may occur during the action of tipping – Excess is doubled when tipping mechanism is engaged.
12.4 If the Hirer accepts the Excess Waiver clause on the front of this Agreement the Owner will waiver the Hirer's responsibility to pay the excess described in clause 12.3 hereof unless the Hirer is entitled to indemnity in respect of such loss or damage under an insurance policy. This waiver does not apply to any other liability incurred by the Hirer under this Agreement;
12.5 In the event that any claim upon the insurance by the Owner resulting from the use of the Vehicle by the Hirer is in any respect rejected waived or denied either whole or in part by the insurer of the insurance then the Hirer shall be liable to the Owner for all and any loss cost or damage to the Vehicle and the Hirer shall indemnify and keep indemnified the Owner accordingly.
13. Notwithstanding anything contained in this Agreement where the Vehicle is a truck van minibus car or recreational 4 wheel drive the Hirer shall be liable for underbody, tyre or interior damage to the Vehicle and third party property caused by a collision between the Vehicle and structures or objects obstructing the path of the Vehicle at or above the level of the driver's cabin or when reversing backwards.
14. The Owner may determine this Agreement and without notice repossess the Vehicle in the event of a breach by the Hirer of the terms and conditions of this Agreement.
14.1 Notwithstanding anything in this agreement, animals flora or fauna and or single vehicle accident is at driver's liability and any waiver purchased by the Hirer or driver is voided as well as basic insurance.
14.2 All prices include basic insurance and options are available for an additional cost to reduce the insurance excess to $500.00