Terms and Conditions | Car Rental Brisbane Mihiri Rent-a-Car

1. Definitions

1.1 “Charges” means the cost of the hire of the Vehicle (plus any GST where applicable) as agreed between the Renter and the Client subject to clause 6 of this Contract.

1.2 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Renter to provide the services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a) if there is more than one Client, is a reference to each Client jointly and severally; and

(b) if the Client is a partnership, it shall bind each partner jointly and severally; and

(d) includes the Client’s executors, administrators, successors and permitted assigns.

1.3 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.4 “Contract” means the terms and conditions contained herein, together with any quotation, Hire form, invoice or other document or amendments expressed to be supplemental to this Contract.

1.5 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using the Renter’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.6 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

1.7 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by the Renter to the Client.

1.8 “Renter” means Mihiri Rent a Car Pty Ltd T/A Mihiri Rent a Car, its successors and assigns or any person acting on behalf of and with the authority of Mihiri Rent a Car Pty Ltd T/A Mihiri Rent a Car.

1.9 “Vehicle” means all Vehicle (including any accessories, car seats etc) supplied on hire by the Renter to the Client (and where the context so permits shall include any incidental supply of services). The Vehicle shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by the Renter to the Client.

2. Acceptance

2.1 The parties acknowledge and agree that:

(a) they have read and understood the terms and conditions contained in this Contract; and

(b) the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Vehicle.

2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4 The Client acknowledges and accepts that:

(a) the hire of Vehicle on credit shall not take effect until the Client has completed a credit application with the Renter and it has been approved with a credit limit established for the account. In the event that the hire of Vehicle requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, the Renter reserves the right to refuse Delivery.

(b) the Renter may take possession of the Vehicle without prior demand if it is illegally parked or if, in the Renter’s opinion that the Vehicle:

(i) is being used, in contravention of any law or of a term of this Contract; or

(ii) has been abandoned.

2.5 All Vehicles supplied by the Renter are provided with Standard Cover and have Compulsory Third Party insurance, a copy of the policy is available from the Renter upon request. The Standard Cover is subject to the Client and any authorised driver complying with the terms and conditions contained in this Contract. If the Client breach the terms and conditions, the Client may not be covered by the Standard Cover and the Client will be liable for all damage or loss suffered or incurred by the Renter in relation to, or arising out of, any such breach or incident.

2.6 The Client acknowledges and agrees that they will be responsible for the Vehicle and that the Hire Period will continue until the Renter has made a final inspection of the Vehicle (including, but not limited to, where the inspection cannot take place for some time in the event that the Vehicle to a location which is unattended or the Vehicle is returned outside the hours of operation etc).

2.7 The Renter shall:

(a) provide the Vehicle in “Good Working” order, Good Working order means that the Vehicle:

(i) is in good condition and good appearance throughout complete with the manufacturer’s supplied tools (including, but not limited to, tyres, accessories and equipment, keys, the mobile global positioning system and accessories (GPS), where applicable etc) and any other items specified on the Vehicle details and condition report or in the rental agreement ; and

(ii) has been properly maintained and serviced in accordance with the original manufacturer’s recommendations and requirements.

(b) allow the Client exclusive use of the Vehicle during the Hire Term.

2.8 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Errors and Omissions

3.1 The Client acknowledges and accepts that the Renter shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a) resulting from an inadvertent mistake made by the Renter in the formation and/or administration of this Contract; and/or

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Renter in respect of the Vehicle hire and/or/services

3.2 In circumstances where the Client is required to place an order for the Vehicle, in writing, or otherwise as permitted by these terms and conditions, the Client is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for the Vehicle (“Client Error“). The Client must pay for all Vehicle it orders from the Renter notwithstanding that such Vehicle suffer from a Client Error and notwithstanding that the Client has not taken or refuses to take Delivery of such Vehicle. The Renter is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Client Errors.

4. Change in Control

4.1 The Client shall give the Renter not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by the Renter as a result of the Client’s failure to comply with this clause.

5. Credit Card Information

5.1 The Renter will:

(a) keep the Client’s personal details, including credit card details for only as long as is deemed necessary by the Renter;

(b) not disclose the Client’s credit card details to any third party;

(c) not unnecessarily disclose any of the Client’s personal information, except in accordance with the Privacy Policy (clause 21) or where required by law.

The Client expressly agrees that, if pursuant to this Contract, there are:

(a) any unpaid charges;

(b) other amounts due and outstanding by the Client;

(d) any other additional charges are due from the Client which were not known at the time of the return of the Vehicle,

that the Renter is entitled to immediately charge the Client’s nominated
credit card for these amounts, and is irrevocably authorised to complete any
documentation and take any action to recover from the credit card issuer any
and all amounts which may be due by the Client pursuant to the terms of this
Contract.

6. Charges and Payments

6. 1 At the Renter’s sole discretion, the Charges shall be either;

(a) as indicated on invoices provided by the Renter to the Client upon placement of an order for the Vehicle; or

(b) the Renter’s quoted Charges (subject to clause 6.2) which shall be binding upon the Renter provided that the Client shall accept in writing the Renter’s quotation within thirty (30) days.

6.2 The Renter reserves the right to change the hire Charges:

(a) if a variation to the Vehicle which is to be supplied is requested; or

(b) in the event that the hire term is reduced; or

6.3 Variations will be charged for on the basis of the Renter’s quotation, and will be detailed in writing, and shown as variations on the Renter’s invoice. The Client shall be required to respond to any variation submitted by the Renter within ten (10) working days. Failure to do so will entitle the Renter to add the cost of the variation to the Charges. Payment for all variations must be made in full at the time of their completion.

6.4 At the Renter’s sole discretion, a reasonable deposit (in the form of a bond) shall be required at the commencement of this Contract in accordance with any quotation provided by the Renter or as notified to the Client prior to the placement of an order for the Vehicle, which shall be refunded to the Client by within thirty (30) days of the return of the Vehicle, provided that the Client has complied with their obligations hereunder. The deposit may be used to offset any applicable Charges payable by the Client under clause 11.3, and any outstanding balance thereof shall be due as per clause

6.5 Time for payment for the Vehicle being of the essence, the Charges will be payable by the Client on the date/s determined by the Renter, which may be:

(a) before Delivery of the Vehicle; or

(b) by way of instalments/progress payments in accordance with the Renter’s payment schedule;

(c) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;

(d) the date specified on any invoice or other form as being the date for payment; or

(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Renter.

6.6 Payment may be made by cash, cheque, electronic/on-line banking, credit card (a surcharge per transaction may apply) or by any other method as agreed to between the Client and the Renter.

6.7 The Renter may in its discretion allocate any payment received from the Client towards any invoice that the Renter determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Renter may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Renter, payment will be deemed to be allocated in such manner as preserves the maximum value of the Renter’s Purchase Money Security Interest (as defined in the PPSA) in the Vehicle.

6.8 The Client shall not be entitled to set off against, or deduct from the Charges, any sums owed or claimed to be owed to the Client by the Renter nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify the Renter in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as the Renter investigates the disputed claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in the Renter placing the Client’s account into default and subject to default interest in accordance with clause 19.1.

6.9 Unless otherwise stated the Charges does not include GST. In addition to the Charges the Client must pay to the Renter an amount equal to any GST the Renter must pay for any supply by the Renter under this or any other agreement for the hire of the Vehicle. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Charges. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Charges except where they are expressly included in the Charges.

6.10 Receipt by the Renter of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

7. Delivery and Hire Period

7.1 The Renter retains ownership of the Vehicle nonetheless, all risk for the Vehicle passes to the Client on Delivery.

7.2 Delivery of the Vehicle is taken to occur at the time that the Client or the Client’s nominated carrier takes possession of the Vehicle at the Renter’s address.

7.3 The hire Charges shall commence from the time the Vehicle departs from the Renter’s premises and will continue until the return of the Vehicle to the Renter’s premises, and/or until the expiry of the Minimum Hire Period, whichever last occurs.

7.4 The Client acknowledges and agrees that:

(a) any extension to the hire term must be agreed to in writing by the Renter;

(b) all extensions are subject to availability and must be requested at least twelve (12) hours prior to the original drop off date.

7.5 The Client must return the Vehicle to the Renter’s address on or before the end of the hire term; failure to do so:

(a) will incur a penalty fee in addition to the current daily Charges; and/or

(b) in accordance with this Contract, will be subject to a continuance of the hire of the Vehicle until return is affected; and/or

(c) within three (3) days at from the end of the hire term can be considered as criminal theft and may be immediately reported to the Police.

7.6 The date upon which the Client advises of termination shall in all cases be treated as a full day’s hire.

7.7 No allowance whatsoever can be made for time during which the Vehicle is not in use for any reason, unless the Renter confirms special prior arrangements in writing. In the event of Vehicle breakdown, provided the Client notifies the Renter immediately:

(a) the Renter will endeavour to (at their sole discretion) either repair the Vehicle on-site or provide a replacement as soon as reasonably possible. The Renter shall not be liable for any direct, indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of any delay in replacing the Vehicle due to the unavailability of any necessary replacement Vehicle); and

(b) charges will not be payable during the time the Vehicle is not working, unless the condition is due to negligence, damage or misuse on the part of or attributable to the Client.

7.8 Off-hire receipts will only be issued when the Vehicle has been either collected by the Renter or returned to the Renter’s premises.

9. Use Of Vehicle

9.1 Unless otherwise agreed in writing, the Client acknowledges and agrees that the following persons must not drive the Vehicle if a person:

(a) who is not identified under “Hirer and Driver Information” in the rental agreement or in a Credit Card Authority;

(b) who does not hold a current unrestricted motor vehicle driver’s licence for the particular class of Vehicle hired (learner permits and provisional licences are not acceptable);

(c) who has given the Renter or for whom the Client have given the Renter a false name, age, address or driver’s licence details; or

(d) whose driver’s licence has been cancelled, endorsed or suspended within the last three years.

10. Global Positioning System (GPS)

10.1 The Client acknowledges and accepts that it is the Client’s responsibility to:

(a) install and place the “GPS” in the Vehicle in a manner that it:

(i) avoids interference with Vehicle’s controls and safety devices including airbags; and

(ii) prevents personal injury and property damage in the event of an accident.

(b) verify that the GPS is functioning properly prior to leaving the rental premises. It is recommended that the GPS controls are not operated whilst driving;

(d) that the GPS is not left in the Vehicle whilst the Vehicle is left unattended.

10.2 In the event that the Client has taken an insurance cover with the Renter then the Renter, the Renter will not waive the Client’s responsibility for any loss or damage to the GPS even though the GPS is considered to be an accessory to and part of the Vehicle. All costs for the replacement or repair of the GPS shall be at the Client’s cost unless otherwise agreed.

11. Client Responsibilities

11.1 The Client acknowledges and agrees that the use of the Vehicle carries with it dangers and risks of injury, and the Client accepts full responsibility for, and shall keep the Renter indemnified against, all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the Renter’s possession, use, maintenance, repair, storage and/or transport of the Vehicle during the hire term and whether or not arising from any misuse, negligence, failure or omission of the Client or any other persons. This indemnity shall not apply where it can evidentially be shown by the Client that the Vehicle supplied by the Renter was in a defective state or condition.

11.2 The Client:

(a) shall notify the Renter immediately (by telephone) of the full circumstances of any mechanical fault, breakdown, failure, accident, theft, or where any warning light appears in the Vehicle. The Client is not absolved from the requirements to safeguard the Vehicle by giving such notification;

(b) shall secure the Vehicle after any accident. In the event of an accident (where a person is injured, the other party has not stopped or exchanged details, the Vehicle or any other vehicle is towed, or any driver appears to be influenced by drugs or alcohol), or theft of the Vehicle, a report must be made to Police, and the Renter contacted, immediately;

(d) shall not drive the Vehicle if the Renter has advised the Client that the Vehicle is damaged or unsafe;

(e) shall return the Vehicle with a fuel reading at least equal to the Check Out Fuel Reading in the rental agreement unless the Client has purchased Pre Paid Fuel from the Renter at the commencement of the hire; and

(f) shall return where supplied with the Vehicle, the GPS;

(g) shall ensure that:

(i) all persons driving the Vehicle are over the age of 21 years and are suitably instructed in the Vehicle’s safe and proper use, and are fully licensed to drive the Vehicle (i.e. holding a valid and current overseas driver’s licence, full Australian driver’s licence, restricted licence or licence class for the Vehicle), and shall provide evidence of the same to the Renter upon request;

(ii) all persons driving the Vehicle that hold a restricted licence will comply with all the Australian road traffic rules and regulations;

(iii) the Vehicle is returned to the Renter in Good Working Order and clean of all foreign matters. The Client’s failure to adhere to this clause shall incur additional charges as per clause 11.3(d);

(iv) no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the Vehicle;

(v) no repairs or salvage are undertaken without the authority of the Renter except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property. Any cost incurred by the Client in contravention of this clause will not be reimbursed by the Renter;

(vi) no smoking is permitted in the Vehicle ; and

(vii) the Vehicle is left securely locked when not in use, and the keys under the control of the Client, or any authorised driver named in this Contract, at all times.

(h) will use the Vehicle solely for the Client’s own work, and shall not permit the Vehicle to be used by any other party (including any person other than any authorised driver named in this Contract) for any other work, without the express written permission of the Renter;

(i) agrees to drive, maintain (in Good Working Order) and/or transport the Vehicle in a proper manner, with all due care and diligence, and (where required) strictly in accordance with any instruction provided by the Renter. Daily maintenance and care of the Vehicle, including but not limited to, checking all fluids (e.g. fuel, oil, coolant, water, etc.) tyre air pressure and battery level, etc.;

(j) agrees that the Vehicle will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations in regard to its operation, maintenance, storage and/or transport, whether supplied by the Renter or posted on the Vehicle;

(k) agrees to comply with all work health and safety (WHS) laws and any other relevant regulations relating to the use of the Vehicle, and associated operations;

(l) will not without the prior written consent of the Renter use, or permit the use of:

(i) the Vehicle for the carriage of passengers for hire or reward. If approved by the Renter the Client must ensure than any driver of the Vehicle holds the appropriate licenses and endorsements;

(ii) incorrect fuel in the Vehicle;

(iii) the Vehicle whilst the driver is operating a mobile phone, or is under the influence of alcohol or any drug (including prescription medications) that impairs their ability to drive the Vehicle;

(iv) the Vehicle in any race, speed test, rally, or contest, or on any closed road or non-public roadway (including, but not limited to, creek crossings or beds, beaches, streams, dams, flood waters, rocks, sand hills, tidal crossings, fire trails, floodwaters and rivers);

(v) the Vehicle to propel or tow any other vehicle and/or equipment;

(vi) the Vehicle (except where Snowpak coverage is purchased) above the snow line being either the entrance to national parks in which snow falls or areas in which snow chains are required to be fitted (by the relevant authority);

(vii) the Vehicle on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete) unless the Vehicle is a 4WD in which case it may also be used on graded unsealed roads. No Vehicle (including 4WDs) may be used on off road conditions. Off road conditions (including, but not limited to, fire trails, beaches, sand, tracks, fields or paddocks etc);

(viii) the Vehicle to propel or tow any vehicle (not being a trailer), or to propel or tow any trailer with a load in excess of the capacity of the trailer, towing mechanism or Vehicle;

(ix) the Vehicle to carry any greater load, number or persons or for use in a manner or for a purpose for which the Vehicle was not designed and constructed, or to carry any greater number of persons than the Vehicle has seat belts (particularly as seat belts must be worn by all occupants of the Vehicle); and

(x) the Vehicle to carry any animals or pets.

11.3 Immediately on the request by the Renter the Client will pay;

(a) all fines, penalties and other similar charges incurred by the Client or any other driver of the Vehicle, or any such charges logged against the Vehicle during the period of hire plus any administration fees incurred by the Renter as a result of such fines and/or penalties;

(b) the replacement cost of any lost keys;

(c) the new list price of any Vehicle, accessories or consumables that are for whatever reason destroyed, written off or not returned to the Renter;

(d) All cost incurred in cleaning the vehicle, including where the Renter are of the opinion that the vehicle is smoke affected;

(e) all costs of repairing any damage caused by:

(i) the ordinary use of the Vehicle;

(ii) wilful or negligent actions of the Client or the Client’s employees;

(iii) vandalism, or (in the Renter’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Vehicle by the Client;

(f) the cost of fuels and consumables provided by the Renter and used by the Client;

(g) any costs incurred by the Renter in picking up and returning the Vehicle to the Renter’s premises if the Client does not return the Vehicle to the Renter’s premises or any pre-agreed pickup location when it was originally agreed that the Client would do so.

(h) any lost hire fees the Renter would have otherwise been entitled to for the Vehicle, under this, or any other hire Contract;

(i) any insurance excess (per separate event) payable in relation to a claim made by either the client or the Renter in relation to any damage caused by, or, to, the hired Vehicle while the same is hired by the Client and irrespective of whether charged by the Client’s insurer or the Renters.

12. Insurance

12.1 At the Renter’s sole discretion, and depending on the Client’s proposed use of Vehicle:

(a) the Client must insure, or self-insure, the Renter’s interest in the Vehicle against physical loss or damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks), and will provide the Renter proof of such insurance policy on request;

(b) subject to the payment of any insurance excess and the exclusions set out in clauses 12.2 and 12.3 , the Client (and any driver authorised to drive the Vehicle) is fully indemnified in respect of any liability they might have to the Renter in respect of the loss or damage to the Vehicle (and its accessories and spare parts) and any other expenses of the Renter, including towing and salvage costs associated with the recovery of the Vehicle. This clause:

(i) in no way entitles the Client to, or implies the availability of, compensation from the Renter for any liability incurred by the Client in relation to the use of the Vehicle;

(ii) will not continue to operate after the expiration of this Contract, unless any extension thereof is granted by the Renter in writing and additional hire Charges are paid;

(iii) will not apply to loss or damage which relates to, or arises from:

(A) breach of any statutory laws or regulations in connection with the use of the Vehicle by the Client;

(B) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the Vehicle;

(D) theft of the Vehicle in circumstances where site security is available (including, but not limited to, locked yards, buildings and sheds and/or where proper security is not used by the Client to secure the Vehicle whilst it is left unattended, etc.); and

(E) loading or off-loading the Vehicle from maritime vessels, transportation on maritime vessels or the use of the Vehicle on any wharf, bridge or over any body of water.

12.2 The indemnities referred to in clause 12.1(b) shall not apply where the damage, injury or loss arises when:

(a) the Vehicle is in an unsafe or un-roadworthy condition that arose during the course of the hire term and that caused or contributed to the damage or loss, and the Client or driver was aware of or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle; or

(b) the Client fails to their adhere to clause 11; or

(d) the Vehicle is driven by any person who, at the time when they drove the Vehicle, is disqualified from holding or has never held a driver’s licence appropriate for the Vehicle; or

(e) the Vehicle is left unlocked or unsecured or the Client has failed to keep the keys secure; or

(f) the Vehicle is wilfully or recklessly damaged either by the Client, or any other person named on the front of this form, or any person driving the Vehicle under the authority of the Client; or

(g) the Vehicle is operated outside the hire term or any agreed extension thereof.

12.3 The indemnities referred to in clause 12.1(b) shall exclude:

(a) damage to, or above level of the top of, the windscreen of the Vehicle;

(b) damage occurring whilst the Vehicle is being driven in reverse;

(d) damage or loss to the interior of the Vehicle, which requires professional cleaning, deodorising or repair;

(e) damage or loss to the tyres, such as punctures, cuts, abrasions or to the windscreen such as chips, cracks and stars;

(f) damage or loss caused by use on construction sites, mines and unsealed roads;

(g) overhead damage being damage or loss sustained to the Vehicle or any other property caused by driving the Vehicle into or under any object of the same or a greater height than the base of the Vehicle’s front windscreen, or damage caused by persons placing objects on the roof of the Vehicle;

(h) damage or loss caused to any part of the pantech or box section or convertible roof;

(i) damage or loss to the undercarriage of the Vehicle or to any other property arising from contact between the undercarriage and any object, obstruction or road surface regardless of cause;

(j) damage to the under body of the Vehicle and any resulting damage linked to under body damage (including, but not limited to, all parts of the drive train, chassis, steering, suspension, brakes, exhaust, floor pan and fuel systems);

(k) damage or loss to the tailgate lifter, ramps and associated equipment during usage of those items;

(l) damage or loss to the Vehicle or third-party property caused by the Client failing to secure properly any load or equipment;

(m) damage or loss caused to the Vehicle or third-party property by loading or unloading to or from the Vehicle;

(n) damage or loss to the Vehicle deliberately caused by the Client or by the Client using the Vehicle in a dangerous or reckless manner;

(o) damage or loss to the Vehicle whilst being transported, ferried or towed without the Renter’s authority, or whilst the Vehicle is taken off the mainland or across any waterway whatsoever or used in any unauthorised area;

(p) the cost of towing or salvage of the Vehicle in or from a remote or sparsely populated area;

(q) damage or loss caused to the Vehicle through the use of snowchains or roof racks;

(r) damage to or loss of any personal property owned by the Client (or any relative, associate, passenger or any person known to the Client) or any third party, including personal property left in the Vehicle, or any property received, handled or stored by the Renter at any time;

(s) the Client’s death or personal injury or the death or personal injury of any other person except to the extent that it is caused by the Renter’s negligence;

(t) damage or loss to the GPS;

(u) damage or loss suffered by the Renter as a direct or indirect result of the Client providing false information, or engaging in any fraudulent activity, in respect of the Client hiring the Vehicle or the Client’s dealings with any law enforcement officer or other authority during the hire period, and the Renter reserve the right to recover an amount from the Client in respect of such losses;

(v) water damage caused by immersion of the Vehicle in water or from the Vehicle being driven in flood waters;

(w) loss, damage or liability as a result of the Vehicle being damaged, stranded and/or flooded whilst on beaches and/or sand dunes;

(x) damage caused by the Vehicle being driven by methods, or in areas, expressly prohibited under this Contract; and

(y) costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of the Client’s failure to deliver immediately every summons, complaint, demand or notice in relation to any loss or damage.

13. Unclaimed Property

14.1 The Client acknowledges that any property owned by the Client that is left (or remains) in the Vehicle whilst in the possession of the Renter will be held for one (1) month, after which the Renter shall be entitled to dispose of the property. The Renter shall have the power to sell the property to recover any outstanding payment owed by the Client.

14. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)

14.1 The Client must inspect the Vehicle on Delivery and must immediately of Delivery notify the Renter in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Vehicle as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Renter to inspect the Vehicle.

14.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

14.3 The Renter acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Renter makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Vehicle. The Renter’s liability in respect of these warranties is limited to the fullest extent permitted by law.

14.5 If the Client is a consumer within the meaning of the CCA, the Renter’s liability is limited to the extent permitted by section 64A of Schedule 2.

14.6 If the Renter is required to rectify, re-supply, or pay the cost of re-supplying any services or Vehicle under this clause or the CCA, but is unable to do so, then the Renter may refund any money the Client has paid for the services or Vehicle but only to the extent that such refund shall take into account the value of any services or Vehicle and consumables which have been provided to the Client which were not defective.

14.7 If the Client is not a consumer within the meaning of the CCA, the Renter’s liability for any defect or damage in the services of Vehicle is:

(a) limited to the value of any express warranty or warranty card provided to the Client by the Renter at the Renter’s sole discretion;

(b) limited to any warranty to which the Renter is entitled, if the Renter did not manufacture the Vehicle;

14.8 Notwithstanding clauses 14.1 to 14.7 but subject to the CCA, the Renter shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:

(a) the Client failing to properly maintain or store any Vehicle;

(b) the Client interfering with the Vehicle in any way without the Renter’s written approval to do so;

(d) the Client continuing the use of the Vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(e) the Client failing to follow any instructions or guidelines provided by the Renter;

(f) fair wear and tear, any accident, or act of God.

15. Title

15.1 The Vehicle is and will at all times remain the absolute property of the Renter, and the Client must return the Vehicle to the Renter upon request to do so.

15.2 If the Client fails to return the Vehicle to the Renter as is required under this Contract or when requested to do so, then the Renter or the Renter’s agent may (as the invitee of the Client) enter upon and into any land and premises owned, occupied or used by the Client, or any premises where the Vehicle is situated and take possession of the Vehicle, without being responsible for any damage thereby caused.Any costs incurred by the Renter as a result of the Renter so repossessing the Vehicle shall be charged to the Client.

15.3 The Client is not authorised to pledge the Renter’s credit for repairs to the Vehicle or to create a lien over the Vehicle in respect of any repairs.

16. Personal Property Securities Act(“PPSA”)

16.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

16.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Vehicle that has previously been supplied and that will be supplied in the future by the Renter to the Client.

16.3 The Client undertakes to:

(a) Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Renter may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 16.3(a)(i) or 16.3(a)(iii);

(d) indemnify, and upon demand reimburse, the Renter for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Vehicle charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of the Renter;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Vehicle in favour of a third party without the prior written consent of the Renter.

16.4 The Renter and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

16.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

16.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

16.7 Unless otherwise agreed to in writing by the Renter, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

16.8 The Client must unconditionally ratify any actions taken by the Renter under clauses 16.3 to 16.5.

16.9 Subject to any express provisions to the contrary (including those contained in this clause 16), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

16.10 Only to the extent that the hire of the Vehicle exceeds a two (2) year hire period with the right of renewal shall clause 16 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 16 will apply generally for the purposes of the PPSA.

17. Security and Charge

17.1 In consideration of the Renter agreeing to supply the Vehicle on hire, the Client grants the Renter a security interest by way of a floating charge (registerable by the Renter pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by the Client or owned by the Client in the future, to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Vehicle on hire under this Contract and/or permit the Renter to appoint a receiver to the Client in accordance with the Corporations Act 2001 (Cth).

17.2 The Client indemnifies the Renter from and against all the Renter’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Renter’s rights under this clause.

17.3 In the event that the Client defaults or breaches any term of this Contract and as a result, the security provided in clauses 15, 16.2 and 17.1 as applicable, is deemed insufficient by the Renter to secure the repayment of monies owed by the Client to the Renter, the Client hereby grants the Renter a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by the Client now, or owned by the Client in the future, to secure the performance of the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money.

18. Cancellation

18.1 Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply of Vehicle on hire to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.

18.2 If the Renter, due to reasons beyond the Renter’s reasonable control, is unable to the deliver any Vehicle to the Client, the Renter may cancel any Contract to which these terms and conditions apply or cancel Delivery of the Vehicle at any time before the Vehicle are delivered by giving written notice to the Client. On giving such notice the Renter shall repay to the Client any money paid by the Client for the Vehicle to be hired. The Renter shall not be liable for any loss or damage whatsoever arising from such cancellation.

18.3 The Client may cancel Delivery of the Vehicle by written notice served within seventy-two (72) hours of placement of the order. If the Client cancels Delivery in accordance with this clause 18.3, the Client will not be liable for the payment of any costs of the Renter, except where a deposit is payable in accordance with clause 6.4. Failure by the Client to otherwise accept Delivery of the Vehicle shall place the Client in breach of this Contract.

19. Default and Consequence of Default

19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Renter’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

19.2 If the Client owes the Renter any money, the Client shall indemnify the Renter from and against all costs and disbursements:

(a) incurred; and/or

(b) which would be incurred and/or

in regard to legal costs on a solicitor and own client basis incurred in exercising the Renter’s rights under these terms and conditions, internal administration fees, the Renter’s contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.

19.3 Further to any other rights or remedies the Renter may have under this Contract, if the Client has made payment to the Renter, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Renter under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.

19.4 Without prejudice to the Renter’s other remedies at law the Renter shall be entitled to cancel all or any part of any order of the Client which remains unperformed and all amounts owing to the Renter shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to the Renter becomes overdue, or in the Renter’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the Client has exceeded any applicable credit limit provided by the Renter;

(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

20. Compliance with Laws

20.1 The Client and the Renter shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the vehicle/Services (including, but not limited to, complying with any road rules and regulations, any requirements and safety guidelines for child restraints etc).

21. Privacy Policy

21.1 All emails, documents, images or other recorded information held or used by the Renter is Personal Information, as defined and referred to in clause 21.3, and therefore considered Confidential Information. The Renter acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Renter acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Renter that may result in serious harm to the Client, the Renter will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.

21.2

Notwithstanding clause 21.1, privacy limitations will extend to the Renter in respect of Cookies where the Client utilises the Renter’s website to make enquiries. The Renter agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:

(a) IP address, browser, email client type and other similar details;

(b) tracking website usage and traffic; and

(c) reports are available to the Renter when the Renter sends an email to the Client, so the Renter may collect and review that information (“collectively Personal Information”)

If the Client consents to the Renter’s use of Cookies on the Renter’s website and later wishes to withdraw that consent, the Client may manage and control the Renter’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

21.3 The Client agrees for the Renter to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by the Renter.

21.4 The Client agrees that the Renter may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

21.5 The Client consents to the Renter being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.

21.6 The Client agrees that personal credit information provided may be used and retained by the Renter for the following purposes (and for other agreed purposes or required by):

(a) the provision of Vehicle; and/or

(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Vehicle; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d) enabling the collection of amounts outstanding in relation to the Vehicle.

21.7 The Renter may give information about the Client to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

21.8 The information given to the CRB may include:

(a) Personal Information as outlined in 21.3 above;

(b) name of the credit provider and that the Renter is a current credit provider to the Client;

(d) type of consumer credit;

(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults (provided the Renter is a member of an approved OAIC External Disputes Resolution Scheme),overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and the Renter has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of the Renter, the Client has committed a serious credit infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

21.9 The Client shall have the right to request (by e-mail) from the Renter:

(a) a copy the Personal Information about the Client retained by the Renter and the right to request that the Renter correct any incorrect Personal Information; and

(b) that the Renter does not disclose any Personal Information about the Client for the purpose of direct marketing.

21.10 The renter will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

21.11 The Client can make a privacy complaint by contacting the Renter via e-mail. The Renter will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

22. Service of Notices

22.1

22.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
(e) if sent by email to the other party’s last known email address.

22.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

23. Trusts

23.1

23.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not the Renter may have notice of the Trust, the Client covenants with the Renter as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust, the trustees and the trust fund;
(b) the Client has full and complete power and authority under the Trust or from the Trustees of the Trust as the case may be to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust, the trustees and the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not during the term of the Contract without consent in writing of the Renter (the Renter will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust fund or trust property.

24. General

24.1 Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.
24.2 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
24.3 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which the Renter has its principal place of business and are subject to the jurisdiction of the courts in that state.
24.4 The Renter may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent provided the assignment does not cause detriment to the Client.
24.5 The Client cannot assign or licence without the written approval of the Renter.
24.6 The Renter may elect to subcontract out any part of the provision services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Renter’s sub-contractors without the authority of the Renter.
24.7 The Client agrees that the Renter may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Renter to provide Vehicle on hire to the Client.

24.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Client to make a payment to the Renter, once the parties agree that the Force Majeure event has ceased.
24.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
24.10 The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.
24.11 If part or all of any term of this Contract is or becomes invalid, illegal or unenforceable, it shall be severed from this Contract and shall not affect the validity and enforceability of the remaining terms of this Contract.