ADELAIDE TRUCK AND BUS rENTALS AGREEMENT
1. Interpretations
For the purpose of this agreement, and unless stated otherwise,
a. “The Company” shall mean Rotena Pty Ltd, Trading as Adelaide Truck and Bus Hire, and its related corporations and their respective officers, employees, agents and
contractors.
b. “Hirer” shall mean the person or persons named on the rental agreement, tax invoice, or any other documentation produced in relation to this agreement, or any person
acting on behalf of and with the authority of the Hirer.
c. “Price” shall mean the cost of the Hire as agreed between the Company and the Hirer subject to clause 4 of this agreement.
d. “Vehicles” shall mean any and all Vehicles supplied by the Company to the Hirer.
e. “Services” shall mean all Services supplied by the Company to the Hirer and includes Installation, and any other Services outlined on any quote, invoice, purchase
order, or any other documentation produced in relation to this agreement including any recommendations and advice.
2. Offer and Acceptance
a. Any requests from the Hirer to the Company for the supply of Vehicles, either verbal, or in writing, and/or the Hirer’s signature on the rental agreement, tax invoice, or
any other document supplied by the Company to the Hirer shall constitute acceptance of the terms and conditions contained herein.
b. Where more than one Hirer has entered into this agreement, the Hirers shall be jointly and severally liable for all payments of the Price.
c. Once accepted, these terms are binding, and may only be altered or revoked, with the written consent of the Company.
d. None of the Company’s related corporations or their respective officers, employees, agents, contractors, or representatives are authorised to make any, conditions or
agreements not expressed in writing by the Company, nor is the Company bound by any such unauthorised statements.
3. Vehicles
a. The Vehicles being hired are as described on the vehicle rental agreement which must be completed before commencement of the hire.
4. Price
a. The Hirer agrees to pay the Company, the price of the hire, within the agreed time for payment.
b. The Price will be determined by the Company’s current price list at the time of the hire, or indicated on invoices, purchase order forms, or any other documentation as
provided by the Company to the Hirer.
c. The Company’s quoted price will be binding for the Company for a period of thirty (30) days after the date of the quotation.
d. Any variation from the original agreed duration of the hire must be agreed to by the Company and will be charged at the current daily hire fee as set by the Company.
e. GST Conditions will apply to all Vehicles hired and services supplied.
5. Payment Terms
a. A bond, as set by the Company is required before the commencement of any hire of any vehicle, and will be indicated on the vehicle rental agreement
b. At the Company’s sole discretion, a booking fee may apply to the Hire of any vehicle.
c. Payment in full is required upon return of the Vehicles.
d. Payment will be made by cash, cheque, direct deposit, or by any other method as agreed to between the Hirer and the Company.
6. Delivery Of Vehicles
a. The Hirer shall be responsible for making all necessary arrangements to take delivery of the Vehicles.
b. Delivery of the Vehicles to any third party nominated by the Hirer, (including carriers), is deemed to be delivery to the Hirer for the purposes of this agreement.
c. The failure of the Company to deliver a vehicle does not void this contract.
d. Should the Company fail to deliver all or part of the Vehicles, the Company shall not be liable for any loss or damage incurred by the Hirer, or any of the Hirers agents,
customers, related companies, or contractors.
e. Should the Company need to arrange carriage for the Vehicles, any additional costs incurred by the Company, including insurance shall be added to the price, and will
be due and payable on the agreed date for payment.
7. Notification of Defects
a. The Hirer shall inspect the Vehicles upon delivery and notify the Company immediately of any alleged defect, or failure to fulfil the quote. The Company will be given
access to any Vehicles within a reasonable time after delivery in order to inspect any alleged defects in the Vehicles.
b. Should the Hirer fail to give such notification, the Vehicles will be deemed to be in compliance with the quote, and free from any defects whatsoever.
8. Warranties/Breakdown
1. Subject to the conditions of warranty being met, the Company warrants that should any fault or defect in the Vehicles become known to the Hirer, and reported to the
Company during the hire, the Company will, at its sole discretion, repair or replace the Vehicles, or refund the balance of the Hire fee.
2. The Company accepts no liability whatsoever, other than for any workmanship associated with the supply of the Vehicles.
3. When the Company has agreed in writing that the Hirer is entitled to claim under warranty, the Company’s liability is limited to (at the Company’s discretion),
replacing the Vehicles or refunding the Hire fee.
9. Conditions of Warranty
a. The Company’s warranty will not be applicable in a situation where;
· The Hirer has failed to follow instructions supplied by the Company in relation to proper use of the Vehicles.
· The Vehicles or Services have been used in a manner other than their original intended use.
· The Hirer fails to maintain the Vehicles in a condition fit for their intended purpose.
· The Vehicles continue to be used after any fault or defect has become known to the Hirer, or would have become known to a reasonable person.
· The defect or fault has occurred from reasonable wear and tear in use.
· The defect or fault has occurred as a result of circumstances beyond the control of either the Hirer or the Company.
b. The Company accepts no responsibility for loss or damage to the Hirer, financial or otherwise, arising from a delay in the time taken for the Company to replace or
repair any Vehicles covered by the warranty.
c. The warranty will become void if any maintenance or alteration is made to the Vehicles without the Company’s knowledge and consent.
10.Hirer’s Disclaimer
a. The Hirer hereby disclaims any right to cancel the contract, or to seek compensation for loss or damages arising from any misrepresentation made to them by the
Company, or any related corporations of the Company, and their respective officers, employees, agents and contractors.
b. The Hirer acknowledges that they Hire the Vehicles relying solely upon their own skill and judgement.
11.Default
a. Should the Hirer fail to pay any invoice when due, the Hirer will be responsible for any additional costs associated with recovery of the outstanding amounts, including
but not limited to the cost of a solicitor, and any cost incurred by the Company’s nominated debt collection agency.
b. Interest on overdue invoices will be charged from the date when payment becomes due and will be charged at a rate equal to that incurred by the Company from their
financial institution for the provision of credit, and shall accrue at such a rate until payment in full is received from the Hirer.
c. Failure by the Hirer to return the Vehicle when due will result in the immediate forfeit of the bond, and an additional charge equal to double the daily hire fee will apply
for every day, or part thereof that the Vehicle remains overdue.
d. Should the invoice remain in arrears for a period of over thirty (30) days, the Company;
· Reserves the right to suspend or terminate the supply of Vehicles/Services to the Hirer.
· The Company will not be liable to the Hirer for any loss or damage the Hirer suffers because the Company exercised its rights under this clause.
12.Retention of Title
a. The Company retains complete property and title in the Vehicles being hired at all times.
It is further agreed that:
b. Should the Hirer fail to return the Vehicles to the Company upon such notice, the Company, without prejudice to any of its other rights and remedies under this
agreement, reserves the right of entry to the Hirers’ premises or any other premises where the Vehicles may be stored, by its servants or agents for the purpose of recovering
the Vehicles, and any cost incurred as a result of such action will be the responsibility of the Hirer.
13.Insurance
a. The Hirer shall be responsible for the standard insurance excess of $2000 which applies in case of an insurance claim being made.
b. A lower insurance excess of $800 is available in exchange for an additional $25 per day.
c. In certain situations, the hirer will be solely responsible for any damage caused or incurred as a direct or indirect result of hiring any vehicle. These situations include,
but are not limited to;
· Any situation where the Hirer has acted in a negligent manner.
· Any situation where the driver of the Vehicle is not the authorised driver named on the rental agreement.
· Where the driver of the vehicle is under the age of 21.
· Where the driver of the vehicle has a drug or alcohol reading which exceeds current legal limits.
· Where the vehicle was being used for an illegal purpose.
· The passengers or load being carried is in excess of the manufacturers specifications.
14.Cancellation
a. The Company may cancel delivery of Vehicles/Services at any time before delivery by giving written notice to the Hirer either verbal, or in writing.
b. The Company shall not be liable for any direct, indirect, special, or consequential loss or damage whatsoever arising from such cancellation.
c. At the Company’s sole discretion, the Hirer may cancel the Hire of Vehicles by giving written notice to the Company not less than five (5) days prior to the booking
date. Failure to provide such notice will result in the Hirer forfeiting their booking fee to the Company.
15.Limitation of Liability.
a. The liability of the Company to the Hirer for any reason related to the performance of the Vehicles under this agreement shall be limited to the amount paid by the Hirer
to the Company pursuant to this agreement.
16.Privacy Act 1988
a. The Hirer hereby gives consent to the Company obtaining a credit report to collect overdue payment on commercial credit (Section 18K (1) (h) Privacy Act 1988).
b. The Hirer acknowledges that the information they supply may be given to a credit reporting or debt collection agency in the event that the Hirer is in default for
payment to the Company.
c. The Hirer acknowledges that the information they supply may be given to Adelaide Truck and Bus Rental’s insurance company in the event of an insurance claim being
made.
d. The Hirer agrees that Individual Data provided may be used and retained by the Company for the following purposes and for other purposes as agreed to between the
Hirer and Company or required by law from time to time:
· Provision of Vehicles/Services
· Marketing of Vehicles/Services by the Company, its agents, distributors, or contractors.
· Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Hirer.
· Collection of amounts outstanding in the Hirer’s account by the Company’s nominated Collection agent or solicitor.
17.The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
a. Nothing contained in these Terms and Conditions is intended to contract the Company out of any conditions, warranties, rights or remedies which the Hirer may have
pursuant to the Commonwealth Trade Practices Act 1974 or other legislation except to the extent permitted by those acts.
18.General
a. The Company assumes no responsibility for changes in the laws of South Australia which may affect the supply of Vehicles/Services under this agreement.
b. The Company may sub-contract part or all of its obligations under this agreement without the Hirer’s consent.
c. No parties to this agreement shall be liable for any breach of any provisions of this contract arising from an act of God, natural disaster, terrorism, war, or any other
occurrence beyond the control of any party.
d. If any Terms or Conditions contained in this document are found to be unenforceable for reasons of validity or legality, the remaining provisions shall not be affected in
any way whatsoever.