Full Terms and Conditions

  • Interpretation

        In this agreement

  • “Agreement” means the rental agreement between the Owner and the Rental, and includes these conditions of agreement and the particulars.

  • “Damage” means any damage suffered to the vehicle, its tyres, tools and accessories and any costs incurred by the owner in connection with the loss or damage.

  • “Excess” means the amount nominated on the particulars and applies subject to all property damage regardless of causation.

  • “Insurance” means the policy of insurance arranged by the Owner and applies subject to this agreement.

  • “Owner” means ABC HIRE PTY LTD (ABN ) having its registered office at 19 Richard St, Western Junction in Tasmania and includes any licences or agents listed on the particulars.

  • “Particulars” means the rental agreement particulars overleaf.

  • “Person” includes a corporation

  • “Rental” means the daily rate of rental as set out in the particulars.

  • “Rental Period” mean the term of the agreement as specified in the Particulars under the headings “Date out” and “Due back”

  • “Renter” Includes any person or persons who sign this agreement and any person whose agent signs the agreement or any person who signs as a co-driver.

  • “Renter’s credit facility” means the vehicle described overleaf or any other replacement provided to the Renter by the Owner.

  • RENTER’S WARRANTIES

The Renters warrants that.

  • They is over the age of 21 years and holds a current driver’s licence applicable to the vehicle rented in this agreement; and

  • The particulars are correct and he acknowledges that the Owner relies on the truth of those representations.

  • RENTAL PERIOD

Subject to compliance with this agreement, the Renter is entitled to hold the Vehicle for the Rental Period. The Rental Period can be extended by agreement between the Renter and the Owner. At the end of the Rental Period the Renter must return the vehicle to the location specified in the Particulars.

  • PAYMENT OF CHARGES ON DEMAND

The Renter agrees to pay the Owner on demand all charges as specified in the rates payable schedule overleaf together with any charges or excesses that from part of this agreement and its conditions.

  • DEDUCTIONS AGAINST THE RENTERS CREDIT FACILITY

The Renter hereby authorises the Owner to process any charges due under the agreement against the Renter Credit Facility and without limiting the generality of same the authorisation shall include the right to draw on the Renters Credit Facility to pay for the Rental under the vehicle is returned, repairing and restoring the vehicle to its condition prior to hiring and for payment of parking offences which may be directed to the Owner, fuel and towing charges and repossession charges including the cost of returning the vehicle in the address stipulated in the agreement. All costs applied to the Renter’s Credit Facility in accordance with clause 5,6 and 11 will be documented and sent in writing to the Renter’s address as specified in the Particulars within seven (7) days of them having been made.

  • RENTER’S COVENATS

The Renter agrees

  • That no persons are authorised to drive or be in control of the rental vehicle other than those stated on the face of the agreement without the consent of the Owner and such consent be noted on the agreement.

  • To report any damages to the Owner of any accident involving the vehicle within a time period of 12 hours and to complete an Owner Accident Report as soon as reasonably possibly. Failure to report any accident or damage within the time herein will result in cancellation of insurance cover.

  • To drive and maintain the vehicle in a responsible and prudent manner and to return it in a clean and roadworthy condition, fair wear and tear accepted.

  • Not to use the vehicle for any illegal or in any race or speed test or in contravention of any law concerning the use of motor vehicles, or when the vehicle is in any way damaged rendering it unsafe.

  • Not to drive the vehicle under the influence of alcohol or drugs with a blood alcohol level as indicted by analysis of the driver’s breath or blood in excess of that permitted by the law applicable to the offence in which the vehicle is driven.

  • Not to use the vehicle for the conveyance of passengers for reward.

  • Not to use the vehicle to carry any volatile liquids, gas, explosives or flammable materials.

  • To use the vehicle only on properly constructed roads.

  • To pay and be responsible for any fines for offences committed by the Renter and reimburse the Owner any costs associated with the collection of such fines should the Renter fail to pay before returning the vehicle and the Owner shall be at liberty to draw upon the Renter’s credit accommodation to cover such costs.

  • To reimburse the Owner for any loss (Including legal costs) incurred relating to a breach of the Renter’s obligations and to indemnify the Owner against any liability arising out of a breach of the Renter’s obligations and the Owner shall be at liberty to draw upon the Renter’s credit accommodation to cover such costs.

  • If the vehicle is not returned to the Owner within 24 hours of the date and time stipulated in the agreement the vehicle will be reported stolen and the full excess will be charged to the Renter unless the Owner is otherwise notified.

  • Any damage or loss resulting from any event in which the Renter is charged by the police for negligence or traffic violation shall be deemed as a breach of the agreement and the Renter shall therefore be held responsible for such loss or damage; and

  • That the Owner primarily conducts business within the state of Tasmania. And accordingly this agreement is governed by the laws in force in that state. If any dispute arises in connection with this agreement the parties submit to the jurisdiction of the courts of Tasmania.

  • DAMAGE TO THE VEHICLE

In this event of damage to the vehicle arising from or during the Renter’s use or possession.

  • The Renter must advise the Owner as specified above in clause 6

  • If the vehicle has been involved in an accident the Renter must provide to the Owner all particulars of the accident including names, addresses and insurer of any third party as well as vehicle damaged to all vehicles involved.

  • If the Renter has breached this agreement he shall not be able to claim on insurance and is liable to the Owner for all damage to the vehicle and to third party property however caused.

  • Where the Renter is more than one person the liability shall be joint and several.

  • The Owner shall not be under any responsibility to replace the vehicle the unused portion of the rental period and shall have no obligation to refund any portion of the rental monies paid if in opinion of the Owner the damage caused was the result of driver’s negligence or default.

  • The Renter is liable for all towing and transport related expensive incurred in returning the vehicle to the location specified in the Particulars or to automotive garage for repairs when either, The vehicle is involved in an accident; or the vehicle is damaged to an extent that permitting the vehicle to be driven would in the Owners opinion be unsafe or would cause further damage to be suffered.

  • The Renter is liable for all costs involved to retrieve keys that are locked in vehicles or damage to key remotes from negligence.

  • EARLY DETERMINATION OF THE AGREEMENT

The Owner may at any time for any reason retake possession of the vehicle should the Owner suspect that the Renter is not using the vehicle in accordance with this agreement. The Owner’s right to recover damages from the Renter will in no way be affected or limited by the Owner electing to re-take possession of the vehicle in accordance with clause.

  • RENTER’S PROPERTY

The Owner shall not be responsible for any property stolen from the vehicle or damages while in the vehicle or left in the vehicle after returned to the Owner

  • RESTRICTION AGAINST TOWING

The Renter agrees that the vehicle shall not at any time be used for the purpose of towing.

  • CLEANING

Should the vehicle be returned in a dirty state the Renter accepts that a cleaning charge will be made at the discretion of the Owner and the cost of the same shall be chargeable to the Renter’s credit facility.

  • RETURN OF THE VEHICLE

The Renter may choose to return the vehicle prior to the end of the rental period but will not receive a refund or credit for early returns. The Renter acknowledges that late returns are charged at $15 per hour from the end of the Rental period.

  • ADJUSTMENTS

All charges related to this agreement are subject to final audit and any errors or omissions will be adjusted with the apocopate charge/refund applied to the Renter’s or cardholder’s credit card.

  • INTEREST

The Renter agrees to pay interest at the rate of 10% per annum in respect of any; Unpaid Rental, Costs of expense incurred by the Owner in relation to any damage to the vehicle in accordance with clause 7; and charges demanded by the Owner.