Ph: 0499 014 016 E: email@example.com
TERMS AND CONDITIONS OF VEHICLE RENTAL
Effective July 2016
OUR COMMITMENT TO YOU
Harcresp Pty Ltd ATF Harcresp Family Trust trading as Southern Forest Hire, Manjimup Towing Services and Bridgetown Towing is a family owned company offering Hire Vehicles and Towing Services to the local community. We are committed to providing you with a high level of customer service and value for money in all the services we offer, in particular:
• Our vehicles are serviced and maintained in accordance with manufacturers' recommendations;
• If You consider that Your vehicle has become in any way defective, or if You have any other problem in relation to the service Southern Forest Hire provides, please contact us immediately on 0499 014 016 and we will endeavour to provide a solution and resolution;
• We respect Your Consumer Rights (as defined below); and
• We welcome Your feedback! Please tell us where we are going wrong by email through our web site, www.southernforesthire.com or by post to P.O. Box 744, Manjimup WA 6258. (We would also like to hear about what we are doing right!).
CONSUMER RIGHTS STATEMENT
Your Consumer Rights (as defined below) include the right to receive services from Southern Forest Hire which are rendered with due care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
As indicated in Southern Forest Hire Commitment Statement above, nothing in this Rental Agreement is intended to reduce or prejudice Your Consumer Rights. See also clause 9.2 (below).
Several provisions of the Rental Agreement expressly refer to Your Consumer Rights. These are intended to be reminders to You. The fact that a clause does not include a reference to Your Consumer Rights does not mean that the clause in question affects Your Consumer Rights. Rather, they are simply places where we do not think it is necessary to include a reminder.
INTERPRETING YOUR RENTAL AGREEMENT
1 The Rental Agreement ("Rental Agreement") between Southern Forest Hire and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle ("Rental Document"), and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Authorised Driver" means:
an additional driver who signs the Additional Drivers Form or Rental Document;
Your spouse; or
Your employer or a fellow employee, if either is engaged in activities that are incidental to Your business duties;
"Southern Forest Hire" means Harcresp Pty Ltd ATF Harcresp Family Trust trading as Southern Forest Hire ABN 32 789 012 966
"Rental Period" means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Southern Forest Hire depot;
"Substitute Vehicle Insurance" means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a
substitute for the vehicle insured under that policy;
"Vehicle" means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Southern Forest Hire;
"You" or "Your" refers to the person(s) with whom the Rental Agreement is made.
"Your Consumer Rights" means Your rights as a consumer under applicable consumer protection legislation, including the Trade Practices Act 1974 (Cth), which cannot be excluded, restricted or modified by this Rental Agreement.
2 You agree and acknowledge that:
(a) only You or an Authorised Driver will drive the Vehicle; and
(b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licensed to drive for a period of 24 months or longer (excluding any time under a learner's permit or a provisional licence).
WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
3.1 You and any Authorised Driver must only use the Vehicle on a road, which is mapped, named and gazetted.
3.2 You and any Authorised Driver must not, unless authorised in writing by Southern Forest Hire, drive or take the Vehicle:
(a) Out of Western Australia;
(b) to any points in Western Australia north of Geraldton;
(c) on damaged rough tracks and roads, beaches or through streams, dams, rivers or floodwaters.
USE OF THE VEHICLE
4.1 You and any Authorised Driver must:
(a) not allow the Vehicle to be used for any illegal purpose, race/contest or performance test of any kind;
(b) not allow the Vehicle to be used to tow or push anything, unless authorised by Southern Forest Hire;
(c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe; this includes night time or dusk driving;
(g) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer's and Southern Forest Hire's recommendations;
(h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed;
(i) not, without Southern Forest Hire's prior written consent, use the Vehicle to carry any flammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances; and
(j) not use the Vehicle in contravention of any law.
4.2 You must pay for any unauthorised repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period.
MAINTENANCE, SECURITY AND SAFETY
5.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Vehicle’s operations manual located in the glove box;
(b) keep the Vehicle locked and the keys under Your or the Authorised Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
5.2 You must not have repairs to the Vehicle carried out unless Southern Forest Hire authorises You to do so. Southern Forest Hire requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Southern Forest Hire. Southern Forest Hire will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that Southern Forest Hire cannot verify the cost of repairs, Southern Forest Hire will not reimburse You.
RETURN OF VEHICLE
6.1 You must return the Vehicle to the Southern Forest Hire depot, Green Peg 28771 South Western Highway Manjimup:
(a) to the place, on the date and by the time shown on the Rental Document;
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted.
6.2 If You return the Vehicle to a location other than that shown on the Rental Document, a "one-way fee" of up to $5 per kilometre (depending on the nature of the Vehicle and the distance involved) may apply. If a “oneway fee” applies, You must pay it at the end of the Rental Period.
6.3 You must return the Vehicle to the Southern Forest Hire location during normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
(a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Southern Forest Hire standard rate for the Vehicle for the Rental Period.
6.5 Southern Forest Hire may request the immediate return of the Vehicle, or Southern Forest Hire may re-take the Vehicle without notice, if Southern Forest Hire reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Vehicle, or injury to persons or property is likely to occur; or
(c) the Vehicle will be involved in an industrial dispute; and
(d) the Vehicle may be used for an unlawful purpose;
You must also pay Southern Forest Hire any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle.
7 If You return the Vehicle with less fuel than it had when You rented it, You must pay the cost to replace the fuel, and the Fuel Service Charge (20c per litre) as set out on the Rental Document.
LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
8.1 Subject to this clause 8, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Vehicle by You or an Authorised Driver.
This clause 8 does not apply to any damage or loss for which Southern Forest Hire is liable to You under this Rental Agreement.
Remember that references to the "Vehicle" include all of its parts, components, accessories and contents (see the definition of "Vehicle" in clause 1).
8.2 Subject to clause 8.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period (or it is included in Your rate); and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party
which is caused by the use of the Vehicle by You or an Authorised Driver,
(c) * Excess Waver is not available for You if you are under 25 and have held an Australian License for less than 2 years. Check that your Travel Insurance will cover vehicle excess.
Southern Forest Hire:
(d) waives Your liability under clause 8.1 for damage to the Vehicle or loss of the Vehicle; and
(e) will ensure that You and any Authorised Driver are entitled to be indemnified under a policy of liability insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver.
8.3 Subject to Your Consumer Rights, You must always pay, and clause 8.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(ii) any other driver of the Vehicle; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Vehicle or to third party property caused by You using, or permitting the vehicle to be used, in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or
(f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle.
8.4 Where you are required to pay Southern Forest Hire under this clause 8, the amount You must pay for any damage or repair that may be reasonably determined by Southern Forest Hire and includes:
(a) the cost of repairs to the Vehicle or the market value of the Vehicle, at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the Vehicle.
If the amount determined by Southern Forest Hire and paid by You under this clause 8.4 exceeds the final cost of the damage or repair, Southern Forest Hire will refund the difference to You.
LIABILITY OF SOUTHERN FOREST HIRE:
9.1 Unless Southern Forest Hire or a Southern Forest Hire employee acting in the course of their employment is negligent, and subject to Your Consumer Rights, Southern Forest Hire is not liable to any
person, and You indemnify Southern Forest Hire, for any loss of, or damage to, any property:
(a) stolen from the Vehicle or otherwise lost during the rental; or
(b) left in the Vehicle after its return to Southern Forest Hire.
9.2 Neither clause 9.1 nor any other provision of the Rental Agreement affects Your Consumer Rights.
CLAIMS AND PROCEEDINGS
10 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to Southern Forest Hire;
(c) not, without Southern Forest Hire's written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Southern Forest Hire or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that Southern Forest Hire may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist,
Southern Forest Hire in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Southern Forest Hire;
(f) complete and furnish to Southern Forest Hire within a reasonable time any statement, information or assistance which Southern Forest Hire or its insurer may reasonably require, including attending at a
lawyer's office and at Court to give evidence.
(g) pay the agreed insurance excess regardless of whether it was your fault or not – in this situation it may be repaid once the third party has paid Southern Forest Hire.
Southern Forest Hire will meet Your reasonable out-of-pocket expenses in complying with clause 10(e) or 10(f).
11.1 At the end of the Rental Period, You must pay Southern Forest Hire on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by Southern Forest Hire or You to any person arising out of Your use of the Vehicle or imposed on You or Southern Forest Hire by any governmental or other competent authority (such as speeding, parking and traffic fines); and
(c) any amount for which You are liable to Southern Forest Hire under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. Southern Forest Hire will provide details to You ofany amount payable under this clause 11.1(c)
11.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one day's rental at the "daily rate" shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of excess kilometres driven during the Rental Period.
11.3 Distance charges are measured from the Vehicle's odometer.
11.4 You authorise Southern Forest Hire to charge all moneys payable to Southern Forest Hire under the Rental Agreement to Your credit card or charge account.
11.5 Southern Forest Hire will pay, within a reasonable time, any refund due to You by such method as Southern Forest Hire may reasonably choose.
12.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
12.2 You may terminate the Rental Agreement at any time for any other reason.
12.3 If the Rental Agreement is terminated early for any reason other than a breach by Southern Forest Hire, You agree to return all property and pay rental charges that reflect the actual duration of the rental.
Such charges may be higher than those that apply for a longer rental period.