Free Move-In Van

Main points of the agreement

• This Agreement permits the Hirer to use the Vehicle and the Equipment during the Hire Period on the basis that the Hirer is responsible for any loss or damage arising from such usage (clauses 26 and 28). The Hire Fee reflects this allocation of risk.
• The Deposit, the Hire Fee, the Additional Driver Fee and the Insurance Fee are payable in advance (clause 12).

• Only the Approved Drivers may tow the Vehicle (clause 9).
• The Hirer is responsible for all fines and tolls incurred in respect of the Vehicle during the Hire Period (clause 10(b)).
• Any damage to the Vehicle during the Hire Period must be reported to the FO immediately (clause 20).
• The Vehicle must be returned on time and in clean and good repair or additional Fees will apply (clause 13).
• If the Vehicle is used in breach of this Agreement, insurance may not apply (clause 25). If insurance does apply, the Hirer will only be liable up to the Insurance Excess Amount (clause 24).
• The FO retains title to the Vehicle and the Equipment at all times and the Hirer must not part with possession of the Vehicle and the Equipment or Allow any form of encumbrance to arise in respect of the Vehicle and the Equipment during the Hire Period (clause 4).
• Other than to the extent of non-excludable guarantees, the FO is excluded from all liability arising out of or in connection with this Agreement and the FO’s total liability to the Hirer under this Agreement is limited to the total Hire Fees paid to the FO under this Agreement (clauses 26 and 27). The Hire Fee reflects this allocation of risk.
• If the Hirer fails to comply with this Agreement, the FO will have certain rights including

terminating this Agreement and repossessing the Vehicle (clause 30).

Note: Capitalised words in this Agreement have the meaning given to them in clause 1.

***PLEASE NOTE THE BELOW ITEMS ARE OPTIONS THAT CAN BE INCLUDED IN THE SCHEDULE AT THE FACILITY OWNER’S DISCRETION***

 

REFUELLING OPTIONS

• We will waive the Refueling Service Fee if you present a receipt indicating you have refueled the Vehicle and the Vehicle has the same level of fuel that the Vehicle had when you rented it, as determined reasonably by visual inspection of the Vehicle’s fuel gauge.

OR

• A Flat Refueling Fee is payable if the Vehicle is not returned with a FULL TANK of fuel. Fuel Fee will be charged at $2.00 per kilometer driven (from Odometer out reading).

 

INSURANCE OPTIONS

Insurance does NOT cover the Hirer for any of the following:

• the first $1250 of the cost of any damage, or
• the first $1250 and additional $500 of the cost of damage if the Driver is 21 – 25 years of age, or has held a license for less than twelve months.
• loss by theft or abandonment, or deliberate damage;
• damage caused by driving the Vehicle under low clearance bridges, foliage or other items.
• The Hirer is liable for all windscreen, glass or tyre damage:
• The excess on the insurance for any damage to the Vehicle or that the Vehicle may cause to any other vehicle or property is payable regardless of whose fault the accident is. The Hirer as listed above is responsible for this cost if it is incurred.

 

FULL TERMS & CONDITIONS:   DEFINIT IONS

1. In this Vehicle Hire Agreement:

(a) Agreement means these Vehicle Hire Agreement Full Terms, your Vehicle Hire Agreement Schedule, and your Vehicle Hire Details.

(b) Additional Driver means the additional driver specified in your Vehicle Hire Agreement Schedule.

(c) Additional Driver Fee means the Additional Driver fee specified in the Vehicle Hire Details.

(d) Approved Drivers means, collectively, the Primary Driver and the Additional Driver.

(e) Cleaning Fee means the cleaning fee specified in the Vehicle Hire Details.

(f) Default Interest Rate means the interest rate specified in the Vehicle Hire Details.

(g) Deposit means the deposit specified in the Vehicle Hire Details.

(h) Equipment means the equipment specified in the Vehicle Hire Details (if applicable).

(i) Equipment Fee means the Equipment hire fee specified in the Vehicle Hire Details.

(j) Facility Owner or FO means the facility owner specified in your Vehicle Hire Agreement Schedule and includes its directors, employees and agents.

(k) Fees means, collectively, the fees described in clauses 12 and 13.

(l) Flat Refueling Fee means the refueling fee specified in the Vehicle Hire Details.

(m) Fuel Fee means the fee (per litre) specified in the Vehicle Hire Details.

(n) Hire Fee means the Vehicle hire fee specified in the Vehicle Hire Details.

(o) Hire Period means the hire period specified in the Vehicle Hire Details.

(p) Hirer means the hirer specified in your Vehicle Hire Agreement Schedule.

(q) Insurance Excess Amount means the insurance excess amount specified in the Vehicle

Hire Details.

(r) Insurance Fee means the insurance fee specified in the Vehicle Hire Details.

(s) Late Return Fee means the fee specified in the Vehicle Hire Details.

(t) Primary Driver means the primary driver specified in your Vehicle Hire Agreement

Schedule.

(u) Vehicle means the vehicle specified in the Vehicle Hire Details.

(v) Vehicle Hire Details means the “Vehicle Hire Details” document attached to your Vehicle Hire Agreement Schedule.

 

VEHICLE HIRE

2. The FO will let, and the Hirer will hire, the Vehicle and the Equipment in accordance with the terms and conditions set out in this Agreement.

3. The Hirer takes possession of the Vehicle and the Equipment as a bailee and is liable for all damage to, or loss in respect of, the Vehicle and the Equipment during the Hirer’s possession, unless otherwise stated in this Agreement.
4. The Hirer acknowledges that the FO retains sole title to the Vehicle and the Equipment at all times. The Hirer agrees not to offer or purport to sell, assign, let, hire, sub-let, lend, pledge, mortgage or allow any other form of encumbrance to arise in respect of the Vehicle and the Equipment or otherwise part with, or attempt to part with, personal possession of the Vehicle and the Equipment.
5. The term of this Agreement will be the Hire Period (inclusive of times). The Hirer must return the Vehicle and the Equipment to the FO prior to the expiry of the Hire Period or obtain the Fos prior written consent to extend the Hire Period. Failure by the Hirer to return the Vehicle and the Equipment prior to the expiry of the Hire Period (or any agreed extension to the Hire Period) may be immediately reported to the police by the FO.
6. The Hirer will return the Vehicle and the Equipment in clean condition and good repair and, if applicable, with a full tank of fuel.
7. The Hirer acknowledges that prior to the start of the Hire Period:

(a) the FO has shown the Approved Drivers how to properly use the Vehicle and the Equipment; and

(b) the Approved Drivers must inspect the Vehicle to identify any pre-existing damage to the Vehicle, agree upon the extent of such pre-existing damage with the FO and record such pre-existing damage in the Vehicle Hire Details.

8. Unless the Hirer has obtained the FO’s prior approval to the Hirer’s own insurance arrangements, insurance cover for the Hire Period is provided by the FO in accordance with this Agreement.
9. The Vehicle may only be driven during the Hire Period by the Approved Drivers and only if each such person holds a current driver licence which is appropriate for the Vehicle. The Hirer must ensure that the Approved Drivers are aware of, and comply with, the terms and conditions set out in this Agreement.

 

USE OF VEHICLE

10. The Hirer

(a) acknowledges that the particulars of the Vehicle in the Vehicle Hire Details are correct in every material respect, the Vehicle is suitable for the Hirer’s intended purposes and that it has raised all queries relevant to its decision to enter this Agreement and that the FO has, prior to the Hirer entering into this Agreement, answered all such queries to the satisfaction of the Hirer. The Hirer acknowledges that any matters resulting from such queries have, to the extent required by the Hirer and agreed to by the FO, been reduced to writing and incorporated into the terms of this Agreement;

(b) will comply with the terms of this Agreement and with all relevant laws applicable to the use of the Vehicle and the Equipment. This includes traffic and road laws and regulations, and any other laws relating to the use of a motor vehicle. Liability for any breach of such laws rests absolutely with the Hirer and includes all costs, fines, tolls, etc. resulting from such breach or incurred as a result of the Hirer’s use of the Vehicle. The Hirer is liable for any penalty incurred against the Vehicle or the use of the Vehicle during the Hire Period;

(c) will take all reasonable care and comply with all of the FO’s instructions and directions regarding the Vehicle and the Equipment, including in relation to operation, maintenance, storage and security

(d) acknowledges that the FO may install certain devices to ensure the security of the Vehicle (including, but not limited to, cameras, audio recording devices and a GPS locator (Security Devices). The Hirer must not, and will procure that the Approved Drivers do not, damage, remove or interfere with the operation of any Security Devices. The FO may use and/or release to third parties any data obtained from Security Devices where reasonably necessary for the FO to locate the Vehicle and/or assess any damaged caused to or by the Vehicle;

(e) agrees that all time limits imposed on the Hirer by this Agreement must be complied with strictly; and

(f) cannot assign this Agreement.

11. The Hirer must not:

(a) make. or conceal, any addition or alteration to the Vehicle and/or the Equipment without the FO’s express prior written consent;

(b) remove, or allow to be removed, the Vehicle and/or the Equipment from the State of Territory in which it is hired without the FO’s express prior written consent;

(c) use or permit the Vehicle to be used for the carriage of passengers or goods for hire or reward without the FO’s express prior written consent and then only where the appropriate licences have been obtained under any applicable traffic and road laws and regulations;

(d) operate the Vehicle, or permit it to be operated, for the transport of more than the number of passengers or more than the weight of goods specified in any applicable recommendation or legal load limits for the Vehicle;

(e) operate the Vehicle, or permit it to be operated, to propel or tow any other vehicle without

the FO’s express prior written consent; or

(f) operate the Vehicle, or permit the Vehicle to be operated, outside of the Hirer’s authority under this Agreement or in circumstances that constitute an offence under any applicable traffic and road laws and regulations (including driving or attempting to drive under the influence of alcohol or drugs).

 

FEES, COSTS AND EXPENSES

12. Upon signing this Agreement, the Hirer must pay to the FO:

(a) the Deposit if applicable (which will, subject to the provisions of this Agreement, be refunded following the return of the Vehicle, less any deductions authorised by this Agreement);

(b) the Hire Fee;

(c) the Additional Driver Fee (if applicable); and

(d) the Insurance Fee.

13. Upon return of the Vehicle to the FO, the Hirer must pay to the FO:

(a) the Cleaning Fee, which is payable if the FO reasonably determines that the Vehicle

requires cleaning when it is returned;

(b) the Equipment Fee for any Equipment used during the Hire Period;

(c) the Late Return Fee which is payable if the Vehicle is returned after the expiry of the Hire Period;

(d) the Flat Refueling Fee which is payable if the Vehicle is not returned with a full tank of fuel and the Fuel Fee is payable for each litre of fuel required to refill the tank;

(e) any cost of repair or replacement of the Vehicle and/or Equipment if the Vehicle or Equipment are damaged, lost, stolen or destroyed during the Hire Period (including where no accident occurs but excluding fair wear and tear);

(f) any other fees specified in the Vehicle Hire Details (if applicable); and

(g) any reasonable internal or external costs and disbursements incurred by the FO in collecting late or unpaid Fees or in enforcing this Agreement in any way.

14. The Hirer is responsible for payment of any government taxes, charges or duties (including any goods and services tax) payable in respect of this Agreement.
15. The Hirer authorises the FO to charge all moneys payable by the Hirer under this Agreement to the Hirer’s nominated credit card and pass on to the Hirer any payment processing fees charged by the Hirer’s credit card issuer.
16. If any Fees are not paid by the Hirer in accordance with clause 13, the FO may apply the Deposit toward payment of such unpaid Fees.
17. Interest on any outstanding Fees under this Agreement will accrue at the Default Interest Rate.

 

FO’s OBLIGATIONS

18. The FO:

(a) will supply the Vehicle in a safe and roadworthy condition; and

(b) except to the extent that these costs are payable by the Hirer under the terms of this Agreement and subject to clause 19, is responsible for all ordinary and extra-ordinary costs of operating the Vehicle during the Hire Period (including repair costs of any mechanical problems not caused by the Hirer’s use of the Vehicle but excluding all fuel consumed during the Hire Period).

19. The FO does not accept responsibility for any costs or losses incurred by the Hirer while any repairs are being carried out to the Vehicle under clause 18.

 

DAMAGE TO VEHICLE

20. If, during the Hire Period, a warning light in the Vehicle is activated or the Vehicle is damaged in any way or requires repair or salvage, whether because of an accident, breakdown or otherwise, the Hirer must report the full circumstances to the FO by telephone immediately.
21. The Hirer must not arrange or undertake any repairs or salvage without the express prior written consent of the FO, except to the extent that the repairs or salvage are necessary to prevent further damage to the Vehicle or other property. The Hirer will be liable for the costs of any repairs, modifications or any other work undertaken on the Vehicle without the FO’s express prior written consent, including any subsequent repair costs incurred due to the unauthorised work.

22. The Hirer will ensure that no person will interfere with the odometer or speedometer or, except in an emergency, any part of the engine, and transmission, braking or suspension systems ofthe Vehicle.

 

INSURANCE

23. For the purposes of clauses 24 and 25, Hire Damage means any of the following that occur during the Hire Period:

(a) damage or loss to the Vehicle (including its underbody) or its accessories or spare parts;

(b) damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the Vehicle; or

(c) other expenses incurred by the FO in relation to such damage or loss (including repair costs, towing and salvage costs associated with the recovery of the Vehicle and its accessories and spare parts).

24. If any Hire Damage occurs:

(a) the Hirer is liable for the first portion of the Hire Damage up to the amount of the applicable Insurance Excess Amount; and

(b) the FO waives any claim it may have against the Hirer or the Approved Drivers in respect of the balance of any Hire Damage, unless clause 25 applies.

25. Clause 24(b) will not apply, and the Hirer will be liable for all Hire Damage, where the Hire Damage arises when:

(a) any of the Approved Drivers was under the influence of alcohol or any drug that affects their ability to drive;

(b) the Vehicle is in an unsafe or unroadworthy condition that arose during the Hire Period and that caused or contributed to the Hire Damage, and the Hirer or the Approved Drivers was or were aware, or ought to have been aware, of the unsafe or unroadworthy condition of the Vehicle;

(c) the Vehicle is operated in breach of this Agreement;

(d) the Vehicle is driven by any person who is disqualified from holding, or does not hold, a driver’s licence appropriate for the Vehicle;

(e) the Vehicle is wilfully or recklessly damaged by the Hirer, an Approved Driver or any other person driving under the authority of the Hirer, or is lost as a result of the wilful or reckless behaviour of the Hirer or any such person;

(f) the Vehicle is operated outside the Hire Period or any agreed extension of the Hire Period;

(g) the vehicle is carrying: Dangerous Goods, Refrigerated Goods or Livestock or

(h) where the hirer, or any person who will operate the vehicle is not licensed, authorised and competent to do so under any relevant legislation and regulations;

(i) the vehicle is damaged whilst working in forestry or working in, on, under or over water.

(j) any of the insurance exclusions specified in the Vehicle Hire Details apply.

 

FO LIABILITY

26. The Hirer acknowledges that to the extent permitted by law, having regard to any nonexcludable consumer guarantees under any applicable consumer protection laws (Non- Excludable Guarantees), the Vehicle and the Equipment are provided for hire at the sole risk and responsibility of the Hirer who, except to the extent of any negligence by the FO, is responsible for any and all theft, damage to, and deterioration of the Vehicle and the Equipment
27. (fair wear and tear excepted). To the extent permitted by law and subject to the Non-Excludable Guarantees, the FO makes no representations to the Hirer and gives no warranties or guarantees to the Hirer (whether express or implied) in respect of or in relation to the hire of the Vehicle and the Equipment under this Agreement, other than as expressly stated in this Agreement.
28. Subject to the Non-Excludable Guarantees, the FO is not liable to the Hirer or any third party for any indirect or consequential loss arising out of or in connection with this Agreement or its subject matter and the FO’s total liability to the Hirer under this Agreement is limited to the total Hire Fees paid to the
29. FO under this Agreement. The Hirer acknowledges that it is aware of the limitations of liability set out in this clause and that, in all the circumstances, such limitations on the FO’s liability are reasonable.

 

HIRER RISK AND RESPONSIBILITY

30. Subject to clause 24 the Hirer is liable for any loss, damage or injury to the Vehicle, the Hirer, the FO or third parties resulting from or incidental to the use of the Vehicle and the Equipment during the Hire Period (including loss or damage caused by the Approved Drivers or a third party who uses the Vehicle at the request or direction of the Hirer).
31. If the FO enforces its rights under clause 28 and the loss or damage is caused by a third party outside the Hirer’s control, the Hirer may notify the FO of these circumstances and the FO will then assess the merits of the Hirer’s claim to determine where liability should reasonably lie.

 

TERMINATION

32. The FO may immediately terminate this Agreement without notice and take immediate possession of the Vehicle and the Equipment if the Hirer fails to comply with any of the terms of this Agreement or if the Vehicle and/or the Equipment is damaged. In such ci rcumstances, the Hirer authorises the FO to enter onto any premises where the Vehicle and/or the Equipment are located in order to retake possession. Termination of this Agreement under this clause will be without prejudice to the other rights of either party under this Agreement or otherwise.

PRIVACY

33. The FO may:

(a) may collect information about the Hirer, including the Hirer’s Personal Information (as defined in the Privacy Act 1988 (Cth)) (Personal Information), to assist in the provision of the Vehicle and Equipment hire to the Hirer, maintaining the Hirer’s account, and the FO’s enforcement of this Agreement in any way; and

(b) may disclose any information about the Hirer, including the Hirer’s Personal Information, to government departments, law enforcement agencies, including the police, liquidators, administrators or other persons appointed to administer the Hirer’s financial affairs, debt collection services or credit reporting agencies (including, but not limited to, StorerCheck), and agents for any of the above.

34. The Hirer warrants that it has:

(a) the right to disclose information to the FO about the Approved Drivers (including Personal Information) and that the FO may use this information as it would Personal Information collected about the Hirer; and

(b) informed the Approved Drivers that the Hirer has made the disclosures referred to in clause 32(a).

35. The parties acknowledge and agree that the Approved Drivers may access and correct the information held by the FO in the same manner the Hirer may correct its Personal Information.

 

INDEMNITY

36. The Hirer indemnifies the FO against any claim for loss, damage or expense incurred by the FO (including court costs and legal fees reasonably incurred) in connection with or arising out of the Hirer’s use of the Vehicle and/or the Equipment, except to the extent that the FO is responsible for such loss, damage or expense in accordance with this Agreement.

 

GENERAL

37. If any clause, term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of this Agreement.
38. No failure or delay by the FO to exercise its rights under this Agreement will operate to waive or reduce such rights.
39. The FO enters into this Agreement for itself and on behalf of its directors, employees and agents.

40. This Agreement constitutes the entire agreement for use of the Vehicle and the Equipment between the FO and the Hirer and supersedes and extinguishes all previous discussions, correspondence, negotiations, agreements, assurances, warranties, representations and understandings between them (both written or oral).