Rent-Me-Trucks-Sunshine-Coast

1 Agreement
  • 1.1 This is an Agreement between You (You includes the Authorised Driver identified in Part A) and the Company identified in Part A (Company) to hire the Vehicle identified in Part A including all its accessories, tools, tyres and equipment as well as any replacement vehicle.
  • 1.2 This Agreement (including any addendum or memorandum) shall be read and construed in its entirety and shall constitute the entire agreement between the Company and You and shall supersede all other provisions, terms, warranties or conditions contained in any other agreement, brochure, promotion, website advertisement or any other document.
  • 1.3 This Agreement shall be governed by the laws of Queensland. Any actions, claims, demands or suits arising out of or in respect of this Agreement must be brought in the courts in Brisbane, Queensland.
2 Return of Vehicle
  • 2.1 You agree to return the Vehicle to the Return Location at the Specified Return Time on the Return Date.
  • 2.2 The Company must agree in writing to any extension of the Hire Period beyond that specified in Part A, prior to the Return Date, otherwise the Vehicle will immediately be reported to the police as stolen.
  • 2.3 The Vehicle is considered returned when an agent of the Company takes possession of the keys to the Vehicle.
  • 2.4 The Vehicle is considered to be returned late when it is returned more than 30 minutes after the Vehicle’s scheduled Return Time.
  • 2.5 If you return the Vehicle late without the Company’s written permission, You will be charged:

    (a) an hourly rate of $50.00 for each of the first four hours the Vehicle is late in being returned; or
    (b) if You are more than four hours late in returning the Vehicle, You will be charged the applicable Day Rate set out in Part A of this Vehicle Hire Agreement for each additional 24 hour period.
  • 2.6 If You return the Vehicle late, You remain fully responsible for the Vehicle unless other arrangements have been agreed to in writing by the Company.
  • 2.7 The Company may take possession of the Vehicle at its sole discretion without prior demand to You and at your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned.
  • 2.8 If the seal of the odometer is broken, or otherwise tampered with, You will be responsible for an extra charge of $500.00, and also for any cost of repairing or replacing the odometer.
  • 2.9 The Vehicle must be returned with the fuel tank full. If the Vehicle is returned with less fuel the difference will be charged at $3.00 per litre unless prior arrangements have been made and noted in Part A.
  • 2.10 You must only use the fuel specified in Part A. Using bio-diesel, ethanol or any organic hybrid fuel is strictly considered the wrong fuel type. All costs associated with the use of this fuel including contaminated fuel will be at Your sole expense.
3 Vehicle condition on return
  • 3.1 You acknowledge that the Vehicle is the sole property of the Company and that at the time You collected the Vehicle it was in good running condition and fit for the purpose for which You required it and You ascertained this on your own inspection of the Vehicle and not as a result of any representation made by the Company, its employees or agents.
  • 3.2 You acknowledge that the only existing damage to the Vehicle at the commencement of this Agreement is that detailed on the Vehicle Condition Report (Part C) of Rental Agreement. It is essential that all existing damage is noted by You on the Vehicle Condition Report. Any damage not noted on the Vehicle Condition Report will constitute damage that has occurred subsequent to the commencement of this Agreement for which You will be charged.
  • 3.3 You agree to return the Vehicle in the same condition, except for ordinary wear and tear (not including windscreen or tyre damage) together with its tools, tyres, accessories and equipment on the Return Location on the Return Date at the Return Time specified in Part A (or sooner, if demanded by the Company).
4 Unauthorised drivers
  • The following persons must not drive the Vehicle:
  • (a) a person who is not identified in Part A as either You or the Authorised Driver;
  • (b) a person who is under the age of 25 years;
  • (c) a person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle;
  • (d) a person who is driving the Vehicle whilst under the influence of a drug, intoxicating liquor or substance;
  • (e) a person who has given or for whom You have given a false name, age, address or driver’s licence details;
  • (f) a person whose driver’s licence has been cancelled, endorsed or suspended within the last three years;
  • (g) a person whose driver’s licence will cease to be valid during the course of this Agreement;
  • (h) a person who has not held an open class driver’s licence for at least one year;
  • (i) a person who does not hold the Required Licence Class stated in Part A;
  • (j) a person who uses or intends to use the Vehicle for an illegal purpose, race, contest or performance test of any kind; and
  • (k) a person who does not hold an accepted international driver’s licence:

    (i) an international driver’s licence is accepted if it is recognised as valid by the Queensland Department of Transport and Main Roads;

    (ii) any international driver’s licence must be written in English or be accompanied by an international driving permit written in English; and

    (iii) the international driver’s licence or international driving permit must contain a picture of the Authorised Driver.
5 Prohibited use of the Vehicle
  • The Vehicle must not be used in the following circumstances:
  • (a) in any area outside the Authorised Zone;
  • (b) on any unsealed roads, beaches or in off-road conditions;
  • (c) for driving through any body of water;
  • (d) for carrying of any persons for payment;
  • (e) for carrying any inflammable, explosive or corrosive materials;
  • (f) for pushing or towing any vehicle, trailer, boat or other objects;
  • (g) for carrying any load greater than that which the Vehicle was designed to carry;
  • (h) for a purpose for which the Vehicle was not designed and constructed;
  • (i) in contravention of any State or Federal law or regulation;
  • (j) in contravention of any legislation or regulation controlling vehicular traffic;
  • (k) for carrying any animals;
  • (l) on ferries or barges unless authorised in writing by the Company in Part “A” of contract;
  • (m) for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
  • (n) in a dangerous, wilful or reckless manner;
  • (o) in an unsafe or unroadworthy condition; or
  • (p) for carrying more persons than the number of seatbelts fitted to the Vehicle by its manufacturer.
6 Prohibited regions
  • 6.1 You must not, unless otherwise authorised in writing by the Company, operate the Vehicle on:
    (a) Kangaroo Island;
    (b) Bruny Island;
    (c) Moreton Island; or
    (d) Fraser Island;
    (e) Into or out of the Northern Territory; Western Australia and Tasmania.
  • 6.2 You must not, unless otherwise authorised in writing by the Company, operate the Vehicle:
    (a) IN QUEENSLAND
    No further north than Mossman;
    No further west than Richmond and or Winton
    (b) IN SOUTH AUSTRALIA
    No further west than Ceduna
    No further north than Port Augusta
7 Change of vehicle
    Should the booked Vehicle be unavailable for any reason, the Company reserves the right to substitute an alternative vehicle without prior notification and at no extra cost to You. This shall not constitute a breach of this Agreement.
8 Accidents
  • 8.1 In the event of an accident You must:
    (a) record the time, date and location of the accident;
    (b) record the other parties’ full names, addresses, vehicle registrations, car types and any property damage;
    (c) record the name of the other parties’ insurance company;
    (d) not admit liability;
    (e) notify the nearest police station within 24 hours of the accident;
    (f) report the accident within 24 hours to the Company at the location where the Vehicle was hired; and
    (g) fully complete and sign the Accident Report Form.
  • 8.2 If You do admit liability for any claim, loss or demand You agree that such admission
    is a breach of this Agreement.
  • 8.3 In the event of an accident, the towing and retrieval of the Vehicle to the Return Location is at Your expense up to the amount of your Damage Liability Fee where it applies or for the full amount where it doesn’t apply. There is no refund for monies paid for the unused portion of the Hire Period.
  • 8.4 A minimum administration fee of $200.00 per accident will apply (to cover the costs of processing).
9 Damage Liability Fee
  • 9.1 You will receive the benefit of the Company’s insurance with its insurer in respect of damage to the Vehicle or damage to any third party property (other than any property owned by You or any friend, relative, associate or passenger or any property in your physical or legal control) provided You:
    (a) have paid the Damage Liability Fee set out in Part A (regardless of who is at fault);
    (b) are not in breach of this Agreement and have not caused any other person to have acted in a manner which is in contravention of this Agreement;
    (c) are not covered under any other policy of insurance; and
    (d) have provided such information and assistance as may be requested by the
    Company’s insurer.
  • 9.2 If cover is provided, You authorise the Company’s insurer, at its sole discretion, to defend or settle any legal proceedings. The Company’s insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
  • 9.3 Regardless of whether insurance cover is provided, You will remain responsible for loss of use of the Vehicle (including lost rental income) to the Company for the period the Vehicle is unavailable due to repairs.
  • 9.4 You are responsible to pay for all damage caused to the Vehicle, third parties or third party property even if you have paid the Damage Liability Fee if:
    (a) damage is caused to the Vehicle whist reversing;
    (b) damage is caused to the Vehicle by the Hirer’s or Authorised Driver’s negligent or dangerous driving;
    (c) the Vehicle is taken outside the Authorised zone;
    (d) damage is sustained to the Vehicle by impact with an overhead object;
    (e) damage to property caused maliciously or intentionally;
    (f) the Vehicle sustains water damage;
    (g) the driver/hirer is affected by drugs or alcohol or;
    (h) the Hirer or Authorised Driver breach these Terms and Conditions.
  • 9.5 If you are entitled to make a claim under the Company’s insurance policy for damage to the Vehicle or damage to any third party property you must pay the excess Damage Liability fee as selected by yourself in Part A under Insurance Options.
10 Optional Glass Cover
  • 10.1 You may choose to pay the optional premium insurance cover which includes glass cover when you collect the Vehicle.
  • 10.2 The optional glass cover indemnifies you for damage to the windscreen of the Vehicle provided that it is not caused by:
    (a) operating the Vehicle dangerously or negligently;
    (b) damage sustained to the roof or overhead of the Vehicle; or
    (c) a breach of the terms and conditions of this Agreement.
  • 10.3 If You do not choose the optional glass cover, You will be liable to the Company for the amount of:
    (a) $60 for each crack or chip in the windscreen incurred since the commencement of this Agreement; and
    (b) $300 if a replacement windscreen is required.
11 Cleaning
  • 11.1 The Vehicle must be returned in a reasonable state of cleanliness or You may be charged a cleaning fee up to $50.00.
  • 11.2 Smoking is not permitted in the Vehicle or a cleaning & deodorising process will be necessary at a charge of $100.00.
12 Kilometre Allowance
  • 12.1 The first 200km You travel in the Vehicle each day is free of charge.
  • 12.2 For every kilometre You travel over 200km in one day, You will be charged:- C Class – 20c; LR Class – 25c; MR Class – 30c.
13 Your Obligations
  • 13.1 You and the Authorised Driver are jointly and severally responsible for compliance with Terms and Conditions of this Agreement.
  • 13.2 By entering into this Agreement, You are responsible for and irrevocably authorise the Company to debit the credit card provided in Part A or any other credit card provided and You will pay the full amount due to the Company, on demand, for the following:
    (a) the rental charges specified in Part A (must be cleared funds before a Vehicle is delivered);
    (b) all charges claimed by the Company in respect of parking and any other traffic violations incurred during the period of time or until such later time as the Vehicle is returned to the Company. An additional administration fee of $35.00 per final infringement will apply to cover the costs of processing;
    (c) all costs associated with the repossession of the Vehicle;
    (d) all costs associated with breaking any of the Special Conditions set out in Part A;
    (e) all costs associated with early return or termination of the Hire Agreement until the
    end of the period specified in Part A;
    (f) all late fees associated with returning the Vehicle late;
    (g) all repairs to the Vehicle unless they are authorised in writing by the Company prior to the repair date; and
    (h) all loss or damage to the Vehicle (including the loss of use of that Vehicle), legal expenses, assessment fees, towing and recovery, consequential third party damage, storage, company service charges, any appraisal of the Vehicle and the loss of any use of the Vehicle. Examples of causes of loss to the Vehicle for which You are responsible include, but are not limited to, where:
    (i) You or the Authorised Driver have breached this Agreement;
    (ii) A Single Vehicle Accident. A Single Vehicle Accident is defined as any incident where the Vehicle suffers loss or damage as a result of an impact with any object when animate or inanimate (except another vehicle), which can be fully identified and details of which have been provided by You or on your behalf to the Company;
    (iii) You or the Authorised Driver have been deemed negligent in any action thereby resulting in damage to the Vehicle or third party property;
    (iv) You or the Authorised Driver have damaged the Vehicle by any wilful or reckless misconduct;
    (v) You or the Authorised Driver have left the Vehicle unlocked or left the keys in the Vehicle;
    (vi) You or the Authorised Driver have not kept the key secure and under your personal control;
    (vii) the under body of the Vehicle is damaged;
    (viii) the Vehicle is totally or partially immersed in water;
    (ix) the interior of the Vehicle is damaged, including by water;
    (x) the tyres of the Vehicle are damaged other than by normal wear and tear;
    (xi) You have failed to maintain all fluid and fuel levels of the Vehicle or failed to immediately rectify or report to the Company any defect in the Vehicle of which you have become or ought to have become aware;
    (xii) the Vehicle is damaged by loading or unloading (normal wear and tear excepted); and
    (xiii) the exterior of the Vehicle is damaged.
  • 13.3 If You have directed the Company to bill the charges to some other person, corporation, firm or organisation who or which fails to make payment when due, You will immediately pay the full amount due to the Company on demand.
  • 13.4 You irrevocably agree and authorise the Company to use the credit card/s provided for payment of any amount due under this Agreement even if a signed credit card voucher has been returned.
14 General Provisions
  • 14.1 Immediately upon receipt, You must provide the Company with every summons, complaint or paper in relation to any accident or loss involving the Vehicle.
  • 14.2 You will not refuse or fail to take any blood analysis or breath test requested by the police or as required by law.
  • 14.3 You acknowledge that the Company relies on the truth of your representations in this Agreement.
  • 14.4 You irrevocably release and hold harmless the Company, its employees and agents from all claims for loss or damage to personal property owned by You or others left in the Vehicle, or which is received, handled or stored by the Company at any time before, during or after the Hire Period, whether due to the Company’s negligence or otherwise.
  • 14.5 Except as provided by law, You or passengers in the Vehicle are not the agent, servant or employee of the Company for any purpose whatsoever.
  • 14.6 The Company gives no express warranties in relation to the Vehicle. Certain conditions and warranties are imported by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Competition and Consumer Law Act 2010. Where the Company is permitted to limit its liability under those statutes for breach of any implied condition or warranty, the Company limits its liability to replacement, repair or re-supply of the Vehicle. All warranties, conditions and other obligations which may otherwise be implied are expressly excluded by this Agreement in their entirety.
  • 14.7 The Company is not liable to You or any other person for any indirect, special, incidental or consequential loss relating to this Agreement.
  • 14.8 The Company is not liable to You or any other person for any goods stolen or damaged whilst stored inside the Vehicle.
  • 14.9 The Company will provide your details to any government body on request during the life of this Agreement.
  • 14.10 In the event of no alternative vehicle being available to You the Company’s liability is limited to a refund of the rental charge or in the case of mechanical failure (unless caused by You), a refund of the rental charge for the remainder of the Hire Period.
  • 14.11 No right of the Company under this Agreement can be waived except in writing by an authorised officer of the Company.
  • 14.12 Any modification of the original booking may change the original quote provided by the Company.
  • 14.13 Cancelling a booking within 48 hours of the pick up date incurs a cancellation fee of 50% of the quoted price.
  • 14.14 Notwithstanding any other provision of this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, surcharge, levy or fee (charges) imposed by Local, State or Federal Government that is charged and collected by the Company is imposed anywhere in Australia and has application to any supply or use made under or in connection with this Agreement or in relation to the use or the likely use of any roads, facilities or other infrastructure by You or in relation to the provision of rental or other services to You.
  • .
  • 14.15 You agree not to part with possession, sell, lease, dispose of, encumber or assign any right or interest in the Vehicle and not create any security interest or any lien over the Vehicle (including in respect of repairs) other than security interests granted in favour of the Company.
  • 14.16 Nothing contained in this Agreement shall be construed as granting or entitling you to any ownership right or any other inconsistent proprietary right in or to the Vehicle;
  • 14.17 You and the Authorised Driver agree to indemnify the Company from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis), incurred by the Company as a consequence of any breach by You or the Authorised Driver of this Agreement or the failure for whatever reason of the due and punctual performance of your obligations under this Agreement.
  • 14.18 We accept Visa and Mastercard. Visa and Mastercard will incur an additional 2% surcharge on any transaction.
  • 14.19 You may be charged a late fee of $30.00 if payment of any amount required by this Agreement is not made within 14 days of the return of the Vehicle.
  • 14.20 You remain liable to the Company for all traffic fines, infringements, and parking tickets incurred.
  • 14.21 You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance.
  • 14.22 You must make yourself available to assist the company in any actions mentioned in this Agreement that may arise out of your hire of the Vehicle.
  • 14.23 Either party may terminate the Agreement at any time if the other party breaches the Agreement.
15 Personal Property Securities Act 2009 (Cth) (PPSA)
  • 15.1 Words and phrases used in this Agreement that have defined meanings in the PPSA have the corresponding meaning given to them in the PPSA.
  • 15.2 If a party (Secured Party) determines that this Agreement (or a transaction in connection with it) is or contains a security interest for the purposes of the PPSA, the other party (Grantor) agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which the Secured Party asks and considers necessary for the purposes of:
    (a) ensuring that the security interest is enforceable, perfected and otherwise effective; and/or
    (b) enabling the Secured Party to apply for any registration, complete any financing statement or give any notification, in connection with the security interest; and/or
    (c) enabling the Secured Party to exercise rights in connection with the security interest.
  • 15.3 The Company is not required to give any notice, and You waive Your rights to receive any notice, under the PPSA (including notice of a verification statement or financing change statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice).
16 Confidentiality
  • 16.1 In this clause, PPSA Information means any information or documents (including copies of such documents), which are in existence or may be entered into in the future, of the kind mentioned in section 275(1) PPSA in relation to a security interest in the Vehicle or the proceeds of the Vehicle.
  • 16.2 Each party agrees to keep the PPSA Information in strict confidence and not disclose that information, except in circumstances required by sections 275(7)(b) or (e) PPSA, provided that where sections 275(7)(b) or (e) require such disclosure, the party that is required to disclose the information gives all available notice to the other party to allow that party to legally challenge the required disclosure and takes all available steps (whether required by the other party or not) to maintain such PPSA Information in confidence.
  • 16.3 Each party agrees not to authorise the disclosure of any PPSA Information to any third party pursuant to section 275(7)(c) PPSA or request information under section 275(7)(d) PPSA unless the other party to this Agreement explicitly agrees.
  • 17 Credit Reporting & Credit Related Personal Information Policy If you would like a copy of the above policy - Please contact the company (Rent Me Truck Hire).
  • Contract No:.................................................
  • CDate:............./.................../...............
  • Hirer:.............................................................
  • Signature:............................................
  • Authorised Driver:.......................................
  • Signature:............................................
  • Rent Me Truck Hire
    Representative:.............................................
  • Signature:............................................