Fabcar Hire Terms and Conditions

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Fabcar Vehicle Rental / Hire Terms and Conditions

DAMAGE/LOSS LIABILITY:

Driver is OVER the age of 21 years old and a there is a standard vehicle damage excess of $1500.00. Optional excess waiver is offered for an additional $25 per day. This reduces excess from $1500 to $0.

NOTE:

Cars must have full tank of fuel on return. (The same as it is supplied with). Failure to do so will incur a filling charge of $22 + $2.00 per litre

CONDITIONS OF AGREEMENT:

The vehicle is not to be used for any illegal purpose, or to propel or tow any vehicle or trailer, or to convey any load in excess of prescribed.

ALL ACCIDENTS MUST BE REPORTED IMMEDIATELY TO POLICE AND THE OWNERS AND ACCOMPANIED BY A POLICE REPORT. YOU ARE RESPONSIBLE FOR ALL TRAFFIC VIOLATIONS. A fee of $33 will be incurred for processing speeding fines, parking fines and unpaid toll usage which are not declared and paid to us when the vehicle is checked in.

The LESSEE agrees to rent the vehicle (as per hire agreement form contract) subject to these terms and conditions stated.

The hirer agrees no repairs to be carried out or costs to be incurred on the owner’s behalf without having first obtained the authority of the owner in writing.

RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS

This is an agreement between the prospective hirer (you) and the Company to rent the motor vehicle described including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).

VEHICLE CONDITION AND RETURN

The vehicle is delivered to you in good operating condition. You agree to return the vehicle in the same condition (except ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE) together with all tools, tyres, accessories and equipment to the location specified on and on the date there specified (or sooner, if demanded by the Company). The Company may take possession of the vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned.

Note: The Company must be notified and agree to any extension of the period of hire beyond that stated in advance of the return date and time or the vehicle will be immediately reported as stolen.

UNAUTHORISED AND PROHIBITED USE

Persons who must not drive the vehicle:

a. A person who is not identified in the agreement or has not been identified in writing to the Company or approved by the Company in writing.

b. A person who is not licensed for that class of vehicle.

c. A person whose blood alcohol concentration exceeds the lawful percentage.

d. A person who has given or for whom you have given a false name, age, address or driver’s license details.

e. A person whose driver’s license has been cancelled, endorsed or suspended within the last 3 years.

f. A person who has held a driver’s license for less than 2 years.

Circumstances in which and/or for which the vehicle must not be used:

g. Outside the area of use limitations.

h. On unsealed roads or off road conditions unless authorised by us in writing or on the face of this agreement.

i. To carry persons for hire or to carry any inflammable, explosive or corrosive materials unless authorised in writing by the company.

j. To propel or tow any vehicle, trailer, boat or other object unless the company has authorised such use in writing.

k. To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than for which it was designed and construction.

l. To carry any animal or pet in the vehicle unless authorised in writing or on the face of this agreement.

m. For racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.

n. In a dangerous manner.

o. In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

FINANCIAL OBLIGATIONS

Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement.

YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THIS AGREEMENT YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:

a. All rental charges specified.

b. All charges claimed from the Company in respect of parking and any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company.

c. All loss or damage to the motor vehicle (including loss of use), Third Party Damages, legal expenses, assessment fees, towing and recovery, storage and company service charges where

i) Any condition of this agreement, or any special condition has been breached.

ii) The vehicle is involved in a single vehicle accident unless the Company waives such loss to a single vehicle liability amount shown.

iii) You have left the vehicle unlocked or left the keys i the vehicle.

iv) You have no kept the key secure and under your personal control.

v) The underbody of the vehicle is damaged regardless of cause when no other vehicle in involved.

vi) The vehicle is totally or partially immersed in water regardless of cause.

vii) The interior of the vehicle is damaged regardless of cause when no other vehicle is involved.

viii) The tyres of the vehicle are damaged other than by normal wear.

ix) The vehicle is damaged by driving it under or into an object lower than the height of the vehicle.

x) You have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware.

xi) The vehicle is damaged by loading or unloading, other than normal wear.

xii) Your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment.

Special note: If you have paid by use of a credit card or directed the company to bill 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.

DAMAGE COVER

If you act within the terms and conditions of this agreement the company will grant damage cover in respect of damages to the vehicle only. The hiring company is not not liable for any damages caused to other vehicles or property.

This cover is subject to:

a. Your payment (per incident) of the damage/loss liability charge stated.

b. Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions.

c. Your not being covered under any policy or insurance.

d. Your providing such information and assistance as may be requested and, if necessary, authorising the company insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings.

GENERAL PROVISIONS

a. You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while rented under this agreement to the company location where the vehicle was hired and will deliver to the company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting all incidents to police or other proper authorities.

b. You release and hold harmless the Company (and its agents and employees) from all claims for loss or damages to your personal property, or that of any other persons property left in the vehicle, or which is received, handled or stored by the Company at any time before, during or after this rental period, whether due to the Company’s negligence or otherwise.

c. Except as provided by law no driver or passengers in the vehicle shall be or deemed to be the agent, servant or employee in any manner for any purpose whatsoever.

d. THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

e. No right of the Company under this agreement may be waived except in writing by an officer of the Company.

f. Words used in this agreement to denote any gender shall include all genders, singular words include the plural.

g. All loss and damage per incident and each incident leading to loss or damage is subject to the damage liability charge per incident.

FUEL

The vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the vehicle is returned with less fuel the different with be charged at a rate which may include a service component unless prior arrangements have been made and noted on Page 1.

ACKNOWLEDGEMENT

I HAVE READ AND UNDERSTOOD ALL THE TERMS AND CONDITIONS OUTLINED IN THIS DOCUMENT.

(3 PAGES IN TOTAL, TITLED “Fabcar Vehicle Rental / Hire Terms and Conditions”)

I HAVE SIGNED BELOW IN ACKNOWLEDGEMENT OF ALL THE ABOVE AGREEMENT

Signed (hirer)                                                                                                  Signed (hire company)

Name:     On behalf Fabcar 14 Pty Ltd

Address:    266 Lord Street, Perth