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This Agreement is made between Pharaohs Services Pty. Ltd. (A.C.N. 109 647 476) a company incorporated in Victoria having its registered office at 23 Carrick Drive, Tullamarine in that State and trading as All Bus Rentals ('ABR") and the person who has signed this Agreement andlor the person on whose behalf this Agreement has been signed (the "Hirer"').
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In this Agreement unless the contrary intention appears:
"Agreement': means this Rental Agreement:
"Hirer” includes each Hirer, the Hirer's personal representatives, successors, administrators, substitutes and permitted assigns; "Vehicle" means the vehicle described overleaf or any substitute vehicle and includes all parts, components, accessories, instruments, appurtenances, tyres and tools which now or here after are supplied with or are attached to or are incorporated or installed in the Vehicle.
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1- Headings used in this Agreement are for convenience only and shall not affect interpretation. |
2- When more than one person is the Hirer, this Agreement shall be deemed to have been entered into by all of them jointly and by each of them severally.
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3- In this Agreement, words denoting persons include corporations and words denoting the singular number include the plural number and vice versa.
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1- ABR shall retain full title to and ownership of the Vehicle and nothing in this Agreement or done or permitted pursuant to this Agreement shall confer on the Hirer any right or property or interest in or to the Vehicle other than as bailee only to use the Vehicle subject to the terms and conditions of this Agreement.
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2- The Hirer shall not mortgage, charge, assign, transfer, sublet, sell or part with or share the possession of or otherwise deal with or dispose of the Vehicle. |
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The Hirer agrees to pay ABR on demand the rental charge for the Vehicle determined in accordance with this Rental Agreement together with all other costs and charges contemplated by the terms and conditions of this Agreement.
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The Hirer acknowledges that he/she has read and understood this Rental Agreement front and back and covenants and agrees with ABR to pay on demand all costs and charges calculated in accordance with this Rental Agreement.
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The Hirer acknowledges and warrants to ABR that the Hirer shall: |
(a) Not use or allow the Vehicle to be used for any illegal purpose or in any race or speed test or for the conveyance of any excessive loads or inflammable, corrosive or explosive materials or in any manner which breaches the condition of registration of the Vehicle.
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(b) Not permit the Vehicle to be used to tow any other vehicle, trailer or boat without the prior written consent of ABR nor use the Vehicle for the carriage of persons or property for hire, fare or reward.
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(c) Not conceal, sell, remove or dispose of any tyres , tools, accessories or equipment affixed to or contained in the Vehicle including any identifying number or mark on the Vehicle.
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(d) Comply with all applicable laws, ordinances, rules, regulations, by-laws, directions or commands of any relevant law or authorized person relating to the use of the Vehicle.
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(e) Not drive or use or attempt to drive or use the Vehicle whilst under the influence of alcohol or drugs or when the driver's blood alcohol content exceeds the legal limit in the State or Territory concerned.
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(f) Not fail to take any blood analysis or breath test when requested by the police.
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(g) Comply with all requirements of the Vehicle's manufacturer with respect to which any failure in compliance would limit or excuse the obligations of the manufacturer to ABR or the Hirer.
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(h) Not abuse or misuse the Vehicle or use it when it is damaged or unsafe or use or attempt to use in conditions for which it is unsuitable such as unsealed or unmade roads or surfaces; and
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(i) Not use the Vehicle to transport property unless the Hirer at the Hirer's own cost obtains all necessary approvals, permits, licences and complies with all governmental requirements and indemnifies ABR for all liabilities relating to this.
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The Hirer acknowledges and agrees that;
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(a) The Vehicle will only be driven by the Hirer personally or if the Hirer is a company, by the Hirer's authorized officers;
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(b) The driver will not be less than 25 years of age;
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(c) Neither the Hirer nor the driver has been convicted of an offence in relation to driving a motor vehicle under the influence of alcohol or drugs or with a blood alcohol level exceeding the legal limit; and
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(d) The driver holds and will continue to hold throughout the rental period a current driver's licence valid in the place of hire and in the place where the Vehicle will be driven and for the class of vehicle hired.
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1 - The Hirer shall return the Vehicle to ABR at the place, date and time specified overleaf or at such other place, date and time as approved by ABR in writing and in the same condition as the Vehicle was when rented (fair wear and tear excepted).
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2 - ABR may terminate this Agreement and repossess the Vehicle without notice to the Hirer if ABR is of the opinion that the Hirer has breached this Agreement or is likely to breach this Agreement or if it is of the opinion that damage or injury may occur to the Vehicle or to any person or property or if it considers that the Vehicle may contribute to an industrial dispute. If ABR so elects to terminate this Agreement, the Hirer shall continue to indemnify ABR pursuant to the terms and conditions of this Agreement.
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The Hirer shall pay to ABR on demand all charges and expenses incurred by ABR in connection with this Agreement including all stamp duties, financial institutions duties and other imposts or taxes which are or may at any time be charged, imposed or payable on or in respect of this Agreement or in connection with the receipt of moneys under this Agreement.
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1 - The Hirer hereby indemnifies and agrees to keep ABR indemnified against all damage, liability, losses, costs, expenses, injuries, claims and demands which ABR may incur by reason of or in connection with the use of the Vehicle by the Hirer and of this Agreement. |
2 - Without prejudice to clause 11.1 hereof the Hirer hereby releases ABR to the full extent permitted by law from all claims and demands of every kind including, but not limited to, all liability which may arise in respect of any accident or damage to property or death or an injury to any person and the Hirer agrees that ABR shall have no responsibility or liability for any loss or damage to any property of the Hirer.
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The Hirer shall notify ABR immediately in writing following the loss of or damage to the Vehicle and shall give ABR such details thereof as and when ABR may require and the Hirer shall not without the prior written consent of ABR make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in respect of such loss or damage.
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1 - The Hirer is liable for all damage to the Vehicle and to the property of third parties where the Hirer breaches this Agreement or has made an incorrect declaration. The Hirer is also liable for all damage to the Vehicle and to the property of third parties caused by contact between the Vehicle and objects over hanging or obstructing the path of the Vehicle at the gutter level, or from the top of windows in the case of no guttering on the Vehicle forming the perimeter of the whole Vehicle. In this clause "damage" to the Vehicle includes all loss and damage to the Vehicle and the costs and expenses arising from that damage and, where appropriate, the cost of return of the Vehicle to ABR.
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2 - ABR has arranged insurance against the Hirer's liability for damage to property of persons other than ABR the Hirer and the Hirer's family or property in the Hirer's physical or legal custody arising from the use of the Vehicle. The Hirer acknowledges that ABR has not in anyway represented itself to the Hirer as a person carrying on the business of insurance. |
3 - The Hirer's liability is not covered by the insurance referred to in clause 13.2 hereof; |
(a) Where the Hirer is indemnified under another insurance policy;
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(b) Where the Hirer is liable for damage under clause 13.1 hereof;
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(c) Where the Hirer is using the Vehicle as part of an articulated vehicle; and
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(d) Where the Hirer is using the Vehicle on any unsealed or unmade roads.
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4 - If the Hirer is paying Collision Damage Waiver as indicated in the appropriate frame over leaf, the Hirer is not liable for damage to the Vehicle or property of third parties except in the circumstances set out in clause 13.3 hereof.
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5 - If the Hirer is not paying Collision Damage Waiver the Hirer is liable for all damage to the Vehicle and to the property of third parties up to the limit as indicated overleaf under Non Waiver able Damage Excess per incident except in circumstances set out in clause 13.3 hereof.
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6 - Notwithstanding clauses 13.1 to 13.5 hereof (both inclusive) the Hirer shall in all circumstances be liable to ABR for any "Non Waiver able Excess per incident" specified overleaf.
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7 - The Hirer indemnifies ABR for any loss or damage to any property stolen from the Vehicle or otherwise lost during hiring or any property left in the Vehicle after its return to ABR.
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1 - The Hirer agrees that ABR or its insurer may bring, defend, enforce or settle any legal proceedings against third parties.
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2 - The Hirer shall in connection with any litigation or proposed litigation, provide to ABR any statements, information, evidence or assistance which ABR or its insurer may reasonably require including, but not limited to, attending the offices of lawyers and attending any Court proceedings.
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1 - Subject to the terms and conditions implied by the Trade Practices Act 1974 and by any applicable statute of any State or Territory which implies terms and conditions which cannot be excluded, this Agreement embodies all terms and conditions of the transaction between the parties and no condition, warranty or representation express or implied is or has been given by ABR its servants or agents whether in relation to the condition or suitability of the Vehicle or otherwise and except for terms and conditions implied by law and which cannot be excluded, all conditions and warranties on the part of ABR as to merchantable quality, fitness purpose, road-worthiness, placing or maintenance in good order and repair or otherwise with respect to the Vehicle prior to or at any time during the continuance of the rental term are hereby excluded.
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2 - Where permitted by law, the liability of ABR (if any) is limited to resupply, the repair of the Vehicle or the provision of a replacement Vehicle.
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ABR may in its absolute discretion at any time substitute another vehicle for the Vehicle.
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This Agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria and the parties hereby agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.
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