Terms and Conditions of Hire and Rental.
GENERIC TERMS OF COMMERCIAL HIRE/RENTAL, (CORPORATE – PERPETUAL HIRE) RENT-2-BUY & OR MINI-LEASE SERVICES
AS PROVIDED (FROM, THROUGH OR) BY ALLIANCE RENTAL GROUP.
Without exception, all Rental (sales and/or supply) of Vehicles, Product(s) and/or supply of Equipment & or Service(s) are subject to the following conditions of Sale/Hire, ergo; a “Contract of Supply”, as listed in the conditions as being inclusive of, but not limited to those hereunder;
Interpretation; The following terms as may be used from time to time “HIRER, CLIENT, END-USER, CUSTOMER, YOU, RENTER, DRIVER or PURCHASER” shall mean the entity, person or person(s) as listed as the Hirer or Client on the front of any Invoice or Hire/Rental Contract as provided by TARDIS Investments Pty. Limited. (A.C.N. 168 281 507) and/or its subsidiaries. The terms “Alliance Rental Group, Tardis Investments, Motorpartners &/or The Company, we or us” in any form or derivative, means the Tardis Group of companies and/or its incorporated entities, subsidiaries, agents or partners (trading as).
“GOODS” Shall mean the/any Goods, Vehicles, Equipment, Products, Items or Services as listed on any Sales Invoice or Hire/Rental Contract as or when provided by the Company to the Client, all such references forming part of the “Contract of Supply”; to which these Terms and Conditions also form part thereof collectively.
Notwithstanding, nothing as being contained within these Terms and Conditions of Sale/Hire/Rental nor any circumstances arising from the fact that the client obtains possession of the goods or any other circumstances, makes the client an agent or employee of either the product Manufacturer(s) or the Company for any purpose whatsoever. During the Hire/Rental period, all property/goods ect, as supplied, remain the sole property of Tardis Investments Pty. Limited. or as nominated, unless contained in writing from the Company as a formal Agency/Distribution or Sale agreement – validated under the laws of The Commonwealth of Australia (Cth).
The Agreement; This is a Legal and Binding Agreement between; the prospective Client (Hirer/Customer) as identified on Page 1 of the agreement, (you) and the Company (The Company) also as identified on page 1, to hire or rent the motor vehicle (the vehicle) and/or any hire equipment as described/detailed on page 1; including all Accessories, Tools, Tyres and Equipment and any replacement vehicle as may be (conditionally) provided during the term of hire or for the sale of goods and equipment so defined as “Sale Goods”.
1. CONDITION AND RETURN.
The vehicle/equipment is delivered to you in good order and operating condition and with the seal of the odometer and/or engine hour meter unbroken.
(a) You agree to return the vehicle/equipment in the same condition (excluding for ordinary wear and tear – NOT EXCLUDING WINDSCREEN OR TYRE DAMAGE) together with all issued Tools, Tyres, Accessories and all such provided equipment to the location specified on Page 1 and on the date as specified (or sooner, if/when demanded by the Company);
(b) The Company may take possession of the vehicle/equipment 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 seemingly or apparently abandoned;
(c) If the seal of the vehicle or equipment’s odometer/hour meter is broken, the person(s) responsible will be reported to the appropriate authority and you are responsible for extra charges based on 1000 kilometers per day at $0.55c per kilometer or the contracts nominated excess Km charge or in the case of the equipment hour meter an extra days hire or 24 engine hours @ $5.50c per Hr or the nominated excess Hourly charge (Whichever is greater);
Special Note: The Company must be notified (in advance of the return date and time) and agree to any extension of the period of hire beyond that as stated on Page 1 of this agreement. Failing such notification or the return of goods by the client, the vehicle/equipment will automatically be reported to the authorities as stolen – Vehicle telemetry and GPS systems are in place to report and monitor usage.
2. UNAUTHORISED AND PROHIBITED USE.
Persons who must not drive the vehicle or use equipment;
(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 as a nominated driver;
(b) A person who is not licensed for that class or category of vehicle;
(c) A person whose blood alcohol concentration exceeds the lawful, legal percentage;
(d) A person who has given or for whom you have given a false name, age, address or driver’s licence details;
(e) A person whose driver’s licence has been cancelled; endorsed or suspended within the last three years (Driver onus applies);
(f) A person who has held a driver’s licence for a period of less than two years continuously or who is under 23-years of age or any person who holds a probationary or restricted licence or learners permit of any form unless exempted in writing by the company.
Circumstances in which and/or for which the vehicle and or equipment must not be used;
(g) Outside the area of use limitation/use as shown on Page 1; eg; “Metro” etc.
(h) Non 4WD’s; used on unsealed roads or off-road conditions unless authorised by us in writing or on the face of this agreement;
(i) A 4WD used in off-road conditions other than gazetted roads, unless authorised by us in writing or on the face of this agreement;
(j) To; carry persons for hire or reward, or to carry any inflammable, explosive, corrosive or dangerous goods/materials or placarded substances;
(k) To; propel or tow any vehicle, trailer, boat or other object unless the Company has authorised such use in writing and where authorised, to do so not beyond both the vehicle and/or driver’s ability or legislated towing or carrying limits;
(I) To; carry any greater load and/or more persons than is lawful or to use in a manner or for a purpose other than for which the vehicle was designed, intended and or constructed;
(m) For; racing, pace-making, reliability trials, speed trials, hill climbing or being tested in preparation for or as comparison to/for those or similar type purposes;
(n) In a dangerous or illegal manner whatsoever;
(o) In contravention of any legislation or regulation controlling vehicular traffic or equipment use or for any illegal intention and/or purpose associated to such laws;
3. FINANCIAL OBLIGATIONS.
Joint hirers’ and all/any listed driver(s) are jointly and severally responsible under this agreement. A Corporation is/are responsible for vehicle(s) hired under their name. YOU ARE RESPONSIBLE FOR AND, BY ENTERING INTO THE AGREEMENT ON PAGE 1, YOU HAVE AUTHORISED THE COMPANY TO DEBIT YOUR CREDIT CARD, NOMINATED DIRECT DEBIT ACCOUNT AND/OR SECURITY DEPOSIT OR TO INVOICE (and you will pay on demand and within the specified timeline – any and all such accrued or levied balances/amounts) WITH RESPECT TO THE FOLLOWING CHARGES;
(a) All hire/rental charges as specified on Page 1 (the Contract);
(b) All charges claimed from the Company in respect of Fuel refilling, Parking, Towing, Recovery, Road Toll Fees or any other Traffic Violations incurred during the period of hire or until such later time as the vehicle is returned to the Company and any Tolls, Fines and Penalties which are or may continue to be received in relation to the/your hire. All Tolls and Traffic/Parking/Towing fines incur a 25% administration fee over and above all such levied charges;
(c) All and any salvage and/or physical or financial recovery costs as incurred in any manner through your use/care of the vehicle or equipment;
(d) All loss or damage to the motor vehicle or equipment (including loss of use/income) Third Party Damages, Legal expenses, Assessment fees, Towing and recovery, Storage and company service charges whereas;
(i) Any condition of this agreement and in particular Condition 2 or any special condition listed on Page 1 has been breached;
(ii) The vehicle is involved in a single vehicle accident, unless the Company waives such loss, to a single vehicle Insurance liability (excess) amount as shown on Page 1;
(iii) You have left the vehicle/equipment insecure, unlocked or left the key(s) in the vehicle;
(iv) You have not kept either the key(s) and/or vehicle(s) garaged securely and/or under your personal control, inclusive of any form of Vehicle theft, Break & Entry, Physical or component damage/theft or loss and inclusive of all/any Graffiti damage;
(v) The under body (Sill Panel down), and/or chassis of the vehicle is damaged regardless of cause, where no other vehicle is involved;
(vi) The Turret (Roof) of the vehicle is damaged (Top of Door frame – up), regardless of cause, where no other vehicle is involved – inclusive of all/any van/tray body (whether a fixed body or trailed van) damage;
(vii) The Vehicle becomes damaged through either totally or partially immersed in water, regardless of cause;
(viii) The interior area of the vehicle is damaged, regardless of cause, when no other vehicle is involved;
(ix) The Tyres and/or Rims of the vehicle are damaged other than by normal wear and use;
(x) The Vehicle is damaged by driving it under or into an object lower than the height of any part of the vehicle or in the case of overhead Luton Peak, enclosed Van or Trailer hire – its load;
(xi) You have failed to maintain all/any fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware;
(xii) The Vehicle is damaged by loading or unloading, other than through normal wear and tear;
(xiii) Your failure to properly secure any load or equipment which leads to loss or damage caused by any part of said load or to any such hired equipment or 3rd party property;
(xiv) All/any Mechanical or physical damage which is caused through misuse, negligence and/or abuse;
(xv) Damage to a vehicle or mobile equipment which is caused through reversing, jack-knifing approved trailers and/or by striking stationary objects (posts, poles, parked vehicles etc.) when travelling in either direction;
(xvi) The vehicle has been driven on a beach or in salt water or a salt water crossing;
(xvii) Loss of the mandatory provided vehicle equipment tools, spare wheel, log books, owners manual, keys or any accessories or vehicle components;
Special Note: If you have nominated to pay by use of a Credit Card, Direct Debit account or instructed/directed the Company to bill charges to some other (3rd Party) person, corporation, firm, entity or organisation whom or which fails to make payment when requested, you will immediately pay the full amount due to the Company upon demand plus all/any incurred charges in relation to the company obtaining such payment.
4. DAMAGE COVER – MOTOR VEHICLES. (Where Applicable)
If you act within the terms and conditions of this agreement; the Company will grant vehicle damage cover (including legal costs incurred via our consent) for your benefit, in respect of damages to the vehicle or third party damage other than for any property owned by you (or any friend, relative, associate or passenger) or whilst within your physical or legal control. This cover “the Insurance Policy” is subject to;
(a) Your payment of the damage/loss/theft Insurance liability (excess) charge as 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 or “Area of Use” as outlined on page 1;
(c) Your not being covered under any similar policy of insurance;
(d) Your providing such information and assistance as may be requested if necessary, authorising the company insurer to bring, defend or settle all/any legal proceedings, whereas the company shall have sole right of conduct of those proceedings;
5. PERSONAL ACCIDENT INSURANCE – MOTOR VEHICLES. (Where applicable)
Where you accept Personal Accident Insurance, by accepting the appropriate premium on page 1 with charges to apply as per the/any rate shown on page 1; Acceptance of these charges is deemed to be proof of coverage and confirmation of your agreement to accept the terms, conditions and benefits of the Personal Accident Insurance. A copy of the policy is available for your inspection. (Cover NOT available to Trade Persons or Couriers)
Any vehicle(s) and/or powered equipment must be returned with the amount of fuel equal to that as contained at the time of the rental commencement. If the vehicle or equipment is returned with less fuel, the difference will be charged at a rate which will include a service component unless prior arrangements have been made and or as noted on page 1;
(a) The appropriate fuel must be used at all times in the specific vehicle or equipment as required;
(b) All and any vehicle or equipment recovery/salvage and/or towing, mechanical repairs or engine or fuel system damage, fuel system flush and refill etc. caused by incorrect fuel use will be charged to your nominated Credit Card, Direct Debit account, Corporate Account or deducted from the security deposit as may be held during and beyond the hire term; FUEL SURCHARGE: $3.00 per litre charged over and above receipted retail pump price will apply.
It is the hirer’s responsibility (at all times) to ensure all coolant, oil and fluid levels are kept to the Manufacturer’s recommended operating levels and to constantly maintain according to the vehicles tyre placard the tyres correct operating pressure.
Although the vehicle, trailer or equipment hired is Tool-of-Trade, your vehicle, trailer or such equipment is supplied in a clean and presentable condition. Upon its return, any excessive soiling will incur a $110 cleaning charge. Smoking in Hire vehicles is prohibited by Australian (Cth) law. An additional $160.00 cleaning charge will also be applied if found to have cigarette odour or ash within/over vehicle. Burn repairs If/where applicable, along with any such cleaning cost(s) will be charged to your nominated Credit Card, Direct Debit account, Corporate Account or deducted from the security deposit as may be held during and beyond the hire term. Therefore you accept and acknowledge “Not to, nor allow others to smoke” in any Hire/Rental vehicle.
8. FAIR WEAR & TEAR.
Your vehicle is supplied in a safe, reliable and good condition as applicable to the Vehicle Hire Industry. For your protection, any minor body defects will be noted upon the hire contract at the time of hire.
We operate under a Fair Wear and Tear policy towards the vehicle/equipment’s ongoing Hire/Rental use and any subsequent physical and visual conditions of our vehicles etc. Any damage not noted on the Hire contract at commencement of hire is chargeable to the hirer, unless and as defined within the industry as “Fair Wear and Tear”. This or any such damage, repair or replacement cost(s) will be charged to your Credit Card, Corporate or Direct Debit Account or deducted from the security deposit as may be held during and beyond the hire term.
9. GENERAL PROVISIONS.
(a) You will promptly report any incident involving loss, damage, graffiti or theft to the vehicle/equipment or loss/theft involving the vehicle/equipment while rented under this agreement – to the company location where the vehicle/equipment was initially hired/supplied from, and will deliver to the company immediately, every summons, complaint, paper or document in relation to such loss or cause. Compliance with this sub-paragraph does not excuse/release the hirer from reporting all incidents to police or other proper authorities where and when lawfully required to do so, a “Police Report” is a mandatory requirement by our Insurance Company in the event of any related claim;
(b) You release and hold harmless the Company (and its agents, directors and employees) from all claims for loss or damages to your personal property, or that of any other person(s) left/carried in the vehicle, or as is received, handled or stored at any time before, during or after this rental 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 of the Company in any manner for any purpose whatsoever;
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER – INCLUDING AND WITHOUT LIMITATION TO THE CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE VEHICLE AND/OR EQUIPMENT, OTHER THAN IS REQUIRED UNDER LAW;
(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 plural words (Vehicle and Equipment), (Hire and Rental) shall be inclusive and hold the meaning of one in their respective instances and/or as noted on page 1.
(g) During the term of Hire/Rental, the (any) goods provided are to be kept in a functional and working condition, all general and routine maintenance is covered by the company and scheduled maintenance(s) or urgent issues as may arise from time-to-time must be communicated to the company in a timely manner for these issues to be resolved promptly for the security and safety of all – Wilful Damage, Neglect, or 3rd party caused damage is not covered by the company whilst the goods are in your care, any such damage or loss is chargeable to the hirer as a condition of rental being granted.
(h) Survival Clause; The obligations of the client(s) as set out in this agreement, shall prevail (survive) in all totality and any manner in which the client; Breaches the agreement, Decamps, Short-terms, Sells, Merges or is Liquidated, Invokes or is declared Bankrupt or Insolvent during the term of the agreement and/or any perpetual or extension of any such agreement;
10. USE & SAFETY.
(a) The company provides no assurances that the vehicle or such equipment as hired or purchased is suitable for the hirer’s needs, intended use or practices, the hirer must adhere to all HSE, OH&S and legislative requirements applicable under law during any vehicle or equipment’s hire and/or use.
The Company accepts no responsibility in which the manner of any vehicle and/or equipment (as supplied against this offer or any subsequent offer/agreement) is/or may be used by any party or the client, therefore; whilst every effort has been taken to ensure compliance across all legislative, HSE, OH&S and 3rd Party liabilities, the client accepts to indemnify (hold harmless) Tardis Investments Pty. Limited. and its employees and/or directors (inclusive of agents, partners and staff), from all and any legal action that may arise in any manner from the use of any vehicle(s) and or equipment by the client, their employees or others as provided under this offer. Furthermore the acceptance and execution of any supply agreement is the client’s subsequent total understanding and acceptance of such.
UPDATES TO TERMS AND CONDITIONS: We, Tardis Investments Pty. Limited. “The Company” reserve the right to change, vary, alter, amend, revise, update or append to these terms & conditions without notice and with effect; due to industry trends, economical, legislative, cyclical and/or financial elements that effect, come into effect or all and any that shall apply to the industry or the economic elements, and in general – to your contract of Hire and/or Supply. All and any such changes (where applicable) shall become effective as if (assumed) implemented from/at the commencement of hire/acceptance and shall be inclusive for the life of the/any contract of Hire/Rental or Sale etc.
EXCLUSIONS: All and any exclusions to both these and any supplementary terms are detailed in writing within the main body of/or on Page 1, or as an attachment/schedule/addendum to (The Contract ) and are all and any that shall be excluded under (Cth) law excluding “Consumer Rights”.
The company furthermore reserves the right to decline to hire, provide any insurance coverage, vehicles and or equipment, furthermore to cancel and/or revoke the use of any vehicle/equipment so provided, if the company becomes concerned as to the individuals, (hirers) motives or ability to fulfil the contractual obligations listed herein at any stage prior to commencement of, or during hire and without recourse from the hirer.
I/WE THE HIRER, DO HEREBY ACKNOWLEDGE THAT; I/WE HAVE READ AND UNDERSTOOD AND IN DOING SO, THEREBY ACCEPT THE AFORE LISTED INFORMATION/CONDITIONS AND ANY OTHER SUCH CONDITIONS AS LISTED ON PAGE 1 or as may be attached or appended to (The Contract) AND ACCEPTED SUCH BEFORE MAKING ANY SIGNED AGREEMENT TO CONTRACT FOR THE HIRE/RENTAL OR SUPPLY OF ANY VEHICLE(S) AND OR EQUIPMENT.
Tardis Investments Pty. Limited.
ACN:168 281 507 ABN:39 168 281 507
Trading as Alliance Rental Group.
Tel: (03) 9884-6321 – Fax: (03) 9886-6219 – E-mail:firstname.lastname@example.org