TERMS & CONDITIONS OF HIRE
1. In this Agreement the following expressions shall have the following meanings:
(a) "The owner" mean the proprietors of MOONíS BUSLINES
(b) "The renter" includes any person who signs this agreement and any person whose agent signs this agreement.
(c) "The vehicle" means the vehicle described in the hire/drive agreement or any other replacement vehicle provided to the renter by the owner
(d) "The rent period" means the period commencing with the time of rental and ending either when the vehicle is returned as specified (whether by the renter or not) or when the owner receives proper confirmation of the theft or destruction of the vehicle.
(e) "Damage to the vehicle" includes loss and damage to the vehicle, its tyres, tools and accessories and any costs incurred by the owner in connection with the loss or damage.
(f) "The excess" means the amount referred to as excess in the Hire/Drive agreement.
(g) "The insurance" means the policy of insurance arranged by the owner for the purpose of clause 6 covering damage to property other than private property owned or in the physical custody or control of the renter or any member of his family.
4.1 The renter shall pay the rental and other charges to the owner on demand at the owners address as stated in the Hire/Drive agreement after due allowance for any pre-payments including the following.
(a) The rental charge for the vehicle during the period ( whether a flat rate charge or time and kilometre charge or any other charge)
(b) Fuel supplied for the vehicle by the owner.
(c) All fees, charges, levies and tolls payable to any authority (including but not limited to stamp duties) in respect of the use of the vehicle during the rental period and any other charges of this Hire/Drive agreement.
(d) Except where as otherwise provided the charge for returning the vehicle to the address stipulated in this agreement including but not limited to towage, storage and repossession charges.
(e) In the calculation of the charge the kilometres driven shall be measured from the odometer installed in the vehicle
4.2 The renter agrees for the owner to complete any documentation for the purposes of the renter making payment through a credit card system or other accommodation extended to the renter and accepted by the owner
5 The renter agrees:
(a) That no person other than the renter is authorised to drive the vehicle without the written consent of the owner provided that if the renter is a company or Government Department the renters agent may drive the vehicle on the basis that the agent complies with the warranty in clause 2.1 and accepts the obligations of the renter under this agreement. The renter shall be liable to the owner for breach or failure to comply with those warranties or obligations by the agent whether or not such breach is within the scope of the agentís authority or employment or not.
(b) To report immediately to the owner any damage to the vehicle or any accident involving the vehicle and to complete forthwith any such documentation (or as soon thereafter as is reasonable in the circumstances) the owners accident report form and to comply with the requirements of the owner to provide assistance in any litigation or investigation relating to such damage or accident.
(c) To drive and maintain the vehicle in a cautious and prudent manner and to return the vehicle in a clean and roadworthy condition fair wear and tear expected.
(d) Not to use the vehicle for any illegal purpose or in any race or speed test or trial or in contravention of any law regulating the use of motor vehicles nor to use the vehicle if in any way damaged or unsafe.
(e) Not to use the vehicle under the influence of alcohol or drug or with a blood alcohol level as indicated by a test of the drivers breath in excess of that permitted by the laws of the State of Victoria.
(f) Not to use the vehicle for the conveyance of passengers for reward.
(g) Not overload the vehicle under any circumstances.
(h) Not use the vehicle to carry volatile liquids, gases, explosives, corrosive or inflammable materials
(i) To use the vehicle on properly constructed roads only.
(j) To pay all fines for offences committed by the renter or its agent and to pay all charges imposed by any Law or Government body to reimburse the owner any fines paid or legal costs incurred by the owner arising out of the renterís possession or use of the vehicle
(k) To indemnify the owner for any loss (including legal costs) incurred relating to a breach of the renterís obligations and to indemnify the owner against any liability arising out of a breach of the renterís obligation and to pay the owners interest at the rate of 3 percent per calendar month or part thereof on any amount due under this agreement.
TERMS & CONDITIONS OF HIRE
(l) That by accepting the vehicle the renter acknowledges that it is good order, clean and in a roadworthy condition and is suitable for the purpose or use of or possession by the renter and the renter further acknowledges that there has been no reliance on advice or representations made by the owner.
(m) To complete logbooks or other records as may from time to time be required to be completed in a proper manner.
(n) To pay the security deposit as set out in the Hire/Drive agreement to the owner on demand.
(o) In the event that the vehicle is returned in an unclean condition, to pay the cost of cleaning the vehicle hereby fixed at the rate of $50.00 per hour or part thereof.
6.1 In the event of damage to the vehicle or damage arising out of the renterís use or possession of the vehicle
(a) If the renter has not breached this agreement
(i) He shall pay the excess to the owner. Upon such payment he shall be under no further liability to the owner for damage to the vehicle and he shall be entitled to claim on insurance. If the total amount of the damage to the vehicle and the damage to third party property arising out of its use is less than the excess then the owner shall refund the difference.
(b) If the renter has breached his agreement he shall not be entitled to claim on insurance and shall be liable to the owner for all damage to the vehicle and to the third party property howsoever caused including the ownerís legal costs on a solicitor/client basis.
6.2 The renterís right to claim on the insurance is subject to the terms of the insurance policy a copy of which is available from the owner and is conditional upon the renter not being otherwise entitled to claim under another insurance policy.
6.3 In the event that damage is not covered or fully covered under the insurance the renter agrees to indemnify the owner against all claims by any party for damage suffered as a result of any incident involving the vehicle whether as a result of the owners negligence or howsoever caused subject to the same proviso as set out in clause 8.1.
6.4 The renter acknowledges that the owner shall not be bound by any representations as to the existence or extent of any insurance and that the provisions of this agreement and the insurance referred to constitute the totality of the agreement between the owner and the renter in relation to the vehicle it is acknowledged that any such representations or warranties are merged herein.
7 The owner may at anytime for any reason retake possession of the vehicle. If the renter has not breached this agreement the owner shall at the time of the repossession provide the renter with a replacement vehicle similar to the vehicle repossessed.
8.1 The owner shall not be liable for any loss or damage suffered by the renter or any person arising out of the use or operation of the vehicle including that caused by the negligence or default of the owner but not including defects in the ownerís title save and except for either the cost of replacement of the vehicle or the payment to the renter of the cost of retaining a replacement vehicle provided that nothing in this clause shall limit or vary any liability which mat arise out of the Trade Practices Act 1974 or the Fair Trading Act 1985 except to the extent that the liability may be limited or varied.
8.2 The owner shall not be under liability for any property stolen from the vehicle or damaged in or by the vehicle or left in the vehicle after its return to the owner.
9 The renter acknowledges his interest in the vehicle is as 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 a lien on the vehicle for repairs.
10 Where the renter is more than one person liability shall be jointly shared.
11 Waiver by the owner of any breach of this agreement shall not constitute a waiver of any subsequent or continuing breach.
12 Words in the masculine gender shall include other genders and words importing numbers shall include both the singular and plural.