An agreement made between the owner and the hirer whose particulars are entered, it is hereby agreed as follows:
VEHICLE DESCRIPTION : The owner will let and the hirer will take on, hire of the motor vehicle described overleaf hereinafter referred to as the vehicle.
DURATION OF HIRE : The term of hire shall be for the period described overleaf.
- The vehicle may be driven during the period of the hire only by the hirer and persons described on the authorized drivers list and only if they hold a current and valid licence at the time they are driving the vehicle.
PAYMENT OF HIRER:
- The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire a hire charge at the rate referred to overleaf in this agreement.
- The hirer acknowledges they shall be responsible for all costs relating to the collection of any outstanding charges in relation to this agreement.
- The hirer shall pay for all petrol or other fuel used in the vehicle during the period of hire.
HIRER'S OBLIGATIONS : The hirer shall ensure that
- The water in the radiator and battery is maintained at the proper level.
- The oil in the vehicle is maintained at the proper level.
- The tyres are maintained at the proper level.
- The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
INSURANCE : Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle, is fully indemnified in respect of any liability he/she might have to the owner in respect of loss or damage to the vehicle and its accessories and spare parts.
EXCLUSIONS: The indemnities to the above shall not apply where the damage, injury, or loss arises when.
- The driver of the vehicle is under the influence of alcohol or any drugs that affect his/her ability to drive the vehicle.
- The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware of the unsafe or unroadworthy condition of the vehicle.
- The vehicle is operated in any race, speed test, rally, or contest.
- The hirer is not a body corporate or department of state, and the vehicle is driven by any person not named in clause 3 of this agreement.
- The vehicle is driven by any person who at the time when he/she drives the vehicle is disqualified from holding or has never held a driver’s licence appropriate for that vehicle.
- The vehicle is wilfully or recklessly damaged by the hirer or any other person named in clause 3 of this agreement or driving under the authority of the hirer, or is lost as a result of wilful or reckless behaviour of the hirer or any such person.
- The vehicle is operated outside the term of hire or any agreed extension of that term.
- It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions if the clause constituted a contract of insurance.
HIRERS LIABILITY : The hirer acknowledges that he/she shall be liable in respect of the first $1,000 or $1,500 which ever applies, including G.S.T of the damage or loss as a result of an accident, but does not apply to damage or loss resulting from fire or from theft or conversion or attempted theft or conversion, subject to the hirers obligations in clause 4(d)
REJECTION OF INSURANCE : If the insurance is rejected the hirer accepts that the vehicle is hired to him/her at their own risk in respect of loss or damages to the vehicle and consequential loss by owner. The hirer accepts they shall be liable to the owner for any loss or damages to the vehicle and any consequential loss. If insurance is rejected the hirer accepts they have no insurance cover under this agreement in respect of any loss or damage to the vehicle. The hirer is to supply proof and current policy and payment of same where they have nominated their own insurance.
OWNERS OBLIGATIONS :
- The owner shall supply the vehicle in a safe and roadworthy condition.
The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable to the hirer.
N.B. By virtue of clause 3(c) of this agreement, the cost of petrol and other fuels used during the term of the hire is the responsibility of the hirer.
MECHANICAL REPAIRS AND ACCIDENTS :
- If the vehicle is damaged or requires, repairs or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances, by telephone, facsimile or as soon as practicable.
- The hirer shall not arrange or undertake any repairs or salvage without authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or property.
- The hirer shall ensure that no person shall interfere with any part of the engine, transmission, breaking or suspension systems of the vehicle.
- The hirer, in case of an accident, will be liable for the cost of the return of the damaged vehicle to 104 – 106 Norton Road Hamilton, this includes, salvage, transportation and/or towing charges.
USE OF VEHICLE : The hirer shall not use or permit the vehicle to be used for the carriage of passengers for the hire or reward, unless the vehicle is hired with the knowledge of the owner for the use as a passenger service under Part 1 of the Transport Services Licensing Act 1998.
THE HIRER SHALL NOT :
- Sublet or hire the vehicle to any other persons.
- Permit the vehicle to be used outside his/her authority.
- Use the vehicle or permit the vehicle to be used in circumstances that contribute an offense by the driver against section 58 of the Transport Act, 1962. (This relates to driving or attempting to drive with breath or blood alcohol or under the influence of drink or drugs).
- Use the vehicle or permit the vehicle to be used in any race, speed test, rally or contest.
- Use the vehicle to permit the vehicle to propel or tow any other vehicle.
- Use the vehicle or permit the vehicle to be used in breach of the Transport Act 1962, the Transport Regulations Act 1976, or any other Act, regulations or bylaws relating, to road traffic.
- Use the vehicle or permit the vehicle to be used for the transport of more than the number of passengers than the number of designated seat belts in the vehicle.
- Permit the vehicle to be overloaded in anyway.
- Drive or permit to be driven by any person if at the time of driving the vehicle the driver or the other person is not a holder of a current driver’s licence.
RETURN OF VEHICLE :
- The vehicle shall, at or before the expire of the hire, deliver the vehicle to 104 – 106 Norton Road Hamilton, or such a place as may be agreed upon or obtain the owner consent to the continuation of the hire.
- When the vehicle is left at any other place other than 104 – 106 Norton Road Hamilton then termination shall be when the vehicle inspection shall occur at the time of collection. The hirer will be responsible for the vehicle up until this time of termination, inspection and collection.
- When the vehicle is returned in our opinion in an excessively dirty condition inside and out, a cleaning charge of $40 will be charged.
- If for any reason a vehicle is returned early by the hirer no refund will be given.
IMMIDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE OCCURES : The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the rights of the owner and the rights of the hirer under this agreement or otherwise.
THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCE ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE LAND AND TRANSPORT SAFETY AUTHORITY.