Conditions of Motor Vehicle and/or Trailer Hire hereafter referred as "the vehicle"

1.     The Hirer acknowledges that the vehicle is clean, in good repair and road worthy at the time of hire and undertakes to return it in a similar condition. The Hirer agrees to pay for the vehicle to be cleaned and restored to its condition as at the commencement of hire if in the opinion of the Owner the Hirer has returned the vehicle in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the vehicle. Pre-existing damage, wear and tear is to be noted in this contract being present at the commencement of hire to protect the Hirer from liability.

2.     This agreement is made between the Owner and the Hirer named herein and THE VEHICLE MUST NOT BE USED BY ANY OTHER PERSON who is not a party to this agreement.

3.     The Hirer is strictly liable for the loss of, or any damage, accidental or otherwise, to the vehicle its equipment, accessories, load in or on the vehicle, and other people and road users, their property and possessions until the vehicle is returned to the Owner or his agent. This loss includes not only the material loss but also the loss of earnings ordinarily derived by the vehicle as determined by the Owner and administrative and transport costs in the recovery of this loss. The Hirer accepts full responsibility for goods carried in or on the vehicle and understands that the Owner will not accept responsibility for any loss or damage to, or caused by the same, regardless of cause.

4.     Where the Hirer pays an insurance fee (or the damage waiver fee as deemed by the Owner to be included in the hire fee) on or before the commencement of hire and prior to any extension of hire, then his liability under clause 3 will be limited to the INSURANCE EXCESS. This limit in liability shall not apply when:

a.     The vehicle is stolen by reason of negligence or with the complicity of the Hirer as determined by independent investigation.

b.     If loss or damage occurs due to the vehicle being overloaded or incorrectly loaded.

c.     Where the vehicle is driven by a person other than the Hirer or a person named hereon.

d.     Where the vehicle is driven by the Hirer who is under the influence of a drug, or whose blood alcohol concentration as determined by breath test exceeds that permitted by law or who upon requirement lawfully made by a Police Officer in connection with his driving of the vehicle fails to provide as prescribed a specimen of breath or blood for analysis.

5.     The Hirer and not the Owner is responsible for any lost, stolen, or mislaid components or equipment from the vehicle regardless of the cause.

6.     The Owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this Agreement and repossess the equipment in any of the following events:

a.     If the Hirer shall fail to pay any hiring charges when due:

b.     If the Hirer shall do or permit any act or thing whereby the Owner’s rights in the equipment may be prejudiced.

c.     If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case for a Hirer being a limited company should an order be made or a resolution be passed for the winding up of such company.

d.     If the Hirer commits any breach of this Agreement. Without prejudice to the rights of the Owner to recover from the Hirer any monies due hereunder and damages for breach thereof the Owner may enter into or upon any premises where the vehicle may be located for the purposes of repossessing the vehicle. The hire indemnifies the Owner in respect of any claims, damages or expenses arising out of any action taken under this clause.

7.     The hire of the vehicle shall be limited to the period set forth on the front of this Agreement provided that if no period of hire is so specified the period of hire shall terminate at 6.00pm on the date of hire. The Hirer must at the Hirers own expense return the vehicle to the address stated within or of no such address is stated to the service station or place from which said vehicle was hired not later than the time for termination of the period of hire. When the vehicle cannot be returned by the time of termination of hire the Hirer must advise the Owner or its agents for that time and advise the Owner or its agents of the estimated time of return. In the event of the vehicle not being returned by the time stated herein additional rental shall be charged for the vehicle on the basis of a new hiring agreement based upon the same terms and conditions as are herein contained save and except as to the time of hire in the event that the vehicle is returned last to a site of hire necessitating the re-opening of the site of hire the Hirer shall pay to the Owner or its agents in cash at the site of hire the additional sum of at the time of the return of the vehicle in event that the vehicle is not returned all costs of and incidental to the location and recovery of the vehicles of the vehicles shall be paid for by the Hirer.

8.     During the continuance of the hiring the Hirer will not:

a.     Sell, offer for sale, assign, mortgage, pledge or sub-let the vehicle or any interest of the Owner herein.

b.     Part with possession of the vehicle except to parties named on this contract.

c.     Allow any lien to be created in respect of the vehicle for repairs or otherwise.

9.     The Hirer shall be responsible for all freight and other charges incurred by the Owner or their Hirer in respect of the delivery and return of the vehicles except when authorised by the Owner or his agent in writing.

10.   In the event of a vehicle breaking down the Hirer shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of hire shall be determined upon such return of the vehicle to the Owner.

11.   The term ‘the vehicle’ includes the unit hired and all parts thereof. The term ‘the Owner’ includes his employees but not persons who act as Agents managing the hiring process.

12.   If the vehicle is not returned to the agent for any reason but taken into possession by the Owner at another Agency or at any other location then the cost to the Owner will be paid by the Hirer and it is hereby agreed that in such circumstances the deposit paid will be forfeited to the Owner as liquidated damages to defray the cost of recovery and in addition the Hirer agrees to pay on demand a recovery fee of $2.00 per kilometre required by the Owner or the agent to travel to return the vehicle to the return address.

13.   INSURANCE EXCESS - to be paid by the Hirer on demand from the Owner in conjunction with each and every insurance claim.
Basic - driver at fault $2000.
The excess will only be waived when an excess waiver fee is on offer and paid by the Hirer at the commencement of the hire for each and every day of the hire and recorded on the face of this contract.

14.   Excess kilometre travel charges apply at the rate shown on the face of this contract and are payable on completion the Hire period.

15.   The Hirer will only drive the vehicle on roads that constitute the national road system or properly constructed driveways.

16.   The Hirer is responsible for any traffic or parking offences incurred during the period of hire and will pay any camera fines incurred during such hire.

17.   GST is payable on the hire fees and is automatically included in all fees charged after the introduction of relevant laws. The customer’s copy of the contract is a TAX RECEIPT and should be presented to the agent by the Hirer on completion of the hire for inclusion of all costs as required.

18.   The Hirers understand that:

a.     The contract between the Owner and himself comprises the whole agreement and that no collateral oral statements by the Owner, staff, agents, and/or other from part of the contract.

b.     The Owner will not be liable for any loss or damage sustained as a result of any defect the vehicle or by implication than the vehicle was available for hire in a particular condition.

c.     The singular includes the plural, the masculine gender includes the feminine on the use of these terms.

19.   Late fee - The Hirer agrees to pay on demand a late fee as advised on the kiosk screen after the expiring of the agreed hire period until the vehicle is returned to the Owner by the Hirer.

20.   The Hirer hereby agrees to fill the vehicle with petrol at the end of the hire at the Hirer’s expense.

21.   If the vehicle hereby hired is a Trailer then the Hirer agrees to abide by this company’s conditions of Trailer Hire as stated on the Kiosk screen.

22.   The Hirer agrees to be liable for all the costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, debt collectors cost and commission and legal expenses.