Terms
AGREEMENT TO HIRE RENTAL VEHICLE - Part A You acknowledge that You have received and understood the terms and conditions of Part A and B of the Rental Agreement. You authorise Aden Wholesale Pty Ltd to charge all unpaid monies due to the credit card provided on the Rental Agreement or any other credit card or cheque account provided to settle any charges and obligations payable on this Rental Agreement.
INTERPRETING YOUR RENTAL AGREEMENT - Part B
The Rental Agreement between Aden Wholesale Pty Ltd and You is made on the date shown on the Rental Document You
have signed in respect of the Vehicle, and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as
amended or replaced from time to time.
Authorised Driver / Joint Renter means:
an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter.
Your spouse
Your employer for a fellow employee, if either is engaged in activities that are incidental to Your business duties.
‘Collection Costs’ means Aden Wholesale Pty Ltd reasonable costs of collecting unpaid rental charges from You (including Aden Wholesale Pty Ltd legal costs) and Aden Wholesale Pty Ltd Pty Ltd administration fee of $132.00 (incl GST) and its debt collection agents fee equal to 12% of the unpaid rental charges;
‘Excess Amount’ means the amount shown as Excess Amount on the Rental Agreement.
‘Excess Reduction’ means the product called Excess Reduction that You may purchase before the rental commences to reduce any excess amount payable;
‘Loss Damage Waiver’ means the loss damage waiver described on the Rental Agreement as LDW which reduces Your financial responsibility for loss damage to the Vehicle to the Excess Amount;
‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle above the top of the door seal or the top of the front and back
windscreens, or damage to the third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;
Aden Wholesale Pty means Aden Wholesale Pty Ltd ABN 42 497 497 375
‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Agreement.
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 Aden Wholesale Pty Ltd;
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 Aden Wholesale Pty Ltd;
You or Your; refers to the person(s) with whom the Rental Agreement is made.
1. DRIVER
1.1 You agree, acknowledge and warrant 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 licenced to drive for a period of 12 months or longer and do not hold any learner or provisional licence; and
(c) You and the Authorised Driver are not under 23 years age; and
(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last three years.
2. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded
gravel road.
2.2 You and any Authorised Driver must not, unless authorised in writing by Aden Wholesale Pty Ltd, drive or take the Vehicle:
(a)anywhere north of Kalbarri;
(b)anywhere east of Esperance;
(c)any surrounding islands around Perth;
(d)beyond 100kms of Perths City limits between dusk or dawn
(e)otherwise outside any town or city limits at dusk or dawn;
(f)on beaches or through streams, dams, rivers or flood waters.
3. USE OF THE VEHICLE
3.1 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;
(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 or reward of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(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
manufacturers and Aden Wholesale Pty Ltd’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 Aden Wholesale Pty Ltd’s prior written consent, use the Vehicle to carry any inflammable 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.
3.2 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.
3.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle.
3.4 You and any Authorised Driver must not drive the Vehicle if Aden Wholesale Pty Ltd has so directed You and any Authorised Driver.
3.5 You and any Authorised Driver or any passenger must not smoke in the Vehicle.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 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 or otherwise as required to maintain the Vehicle’s efficient performance;
(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.
4.2 You must not service the Vehicle or have repairs to the Vehicle carried out unless Aden Wholesale Pty Ltd authorises You to do so. Aden
Wholesale Pty Ltd requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Aden Wholesale Pty Ltd. Aden Wholesale Pty Ltd 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 Aden Wholesale Pty Ltd cannot verify the cost of repairs, Aden Wholesale Pty Ltd will not reimburse You.
4.3 You and Aden Wholesale Pty Ltd acknowledge that the Vehicle is generally in an undamaged condition except as otherwise stated on the Rental Document.
5. DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5,and to the fullest extent permitted by applicable law, 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 5 does not apply to any damage or loss for which Aden Wholesale Pty Ltd is liable to You under this Rental Agreement.
Remember that references to the Vehicle include all of its parts, components, accessories and contents.
5.2 Subject to clause 5.3, if:
(a) in any accident, regardless of fault, you pay the excess listed in your Rental Agreement 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 or arises from the use of the Vehicle by You or an Authorised Driver, Aden Wholesale Pty Ltd:
(c) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle 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.
5.3 You must always pay, and clause 5.2 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:
(i) You;
(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 or an Authorised Driver 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.
(g) under any circumstances where the Vehicle has been refuelled with fuel other than that recommended by the Vehicle manufacturer.
(h) under any circumstances where the Vehicle and its keys are unsecured
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Aden Wholesale Pty Ltd the amount which 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 Aden Wholesale Pty Ltd and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, Aden Wholesale Pty Ltd will refund the difference to You.
6. RETURN OF VEHICLE
6.1 You must return the Vehicle to Aden Wholesale Pty Ltd:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to Aden Wholesale Pty Ltd the cost to refuel the Vehicle).
6.2 You must return the Vehicle to a Aden Wholesale Pty Ltd location during our normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay all additional rental charges.
6.3 If:
(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 Aden Wholesale Pty Ltd standard rate for the Vehicle for the Rental Period.
6.4 Aden Wholesale Pty Ltd may request the immediate return of the Vehicle, or Aden Wholesale Pty Ltd may re-take the Vehicle without notice, if Aden Wholesale Pty Ltd 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; or
(d) the Vehicle may be used for an unlawful purpose;
You must also pay Aden Wholesale Pty Ltd 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.
6.5 Aden Wholesale Pty Ltd reserves the right to refuse hire of another vehicle to You following any incident or accident or where You have
breached a condition of this Rental Agreement.
7. CLAIMS AND PROCEEDINGS
7.1 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 Aden Wholesale Pty Ltd;
(c) not, without Aden Wholesale Pty Ltd’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Aden Wholesale Pty Ltd 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 Aden Wholesale Pty Ltd 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, Aden Wholesale Pty Ltd in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Aden Wholesale Pty Ltd;
(f) complete and furnish to Aden Wholesale Pty Ltd within a reasonable time any statement, information or assistance which Aden Wholesale Pty Ltd or its insurer may reasonably require, including attending at a lawyers office and at Court to give evidence.
8. PAYMENT
8.1 At the end of the Rental Period, You must pay Aden Wholesale Pty Ltd 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 Aden Wholesale Pty Ltd or You to any person arising out of Your use of the Vehicle or imposed on You or Aden Wholesale Pty Ltd by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to Aden Wholesale Pty Ltd under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
(a) one days rental at the rate shown on the Rental Document (subject to clause 6.4); plus
(b) the amount payable for the number of kilometres driven during the Rental Period.
8.3 Distance charges are measured from the Vehicles odometer.
8.4 You authorise Aden Wholesale Pty Ltd to charge all moneys payable to Aden Wholesale Pty Ltd under the Rental Agreement to Your credit card or charge account.
8.5 Aden Wholesale Pty Ltd will pay any refund due to You by such method as Aden Wholesale Pty Ltd may reasonably choose.
9. LIABILITY OF ADEN WHOLESALE PTY LTD
9.1 Unless it is negligent, Aden Wholesale Pty Ltd is not liable to any person, and You indemnify Aden Wholesale Pty Ltd, 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 Aden Wholesale Pty Ltd.
10. CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
Your consumer rights are not excluded, modified, or restricted by this Rental Agreement. You can find out more about your consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.
11. TERMINATION
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 You may terminate the Rental Agreement at any time for any other reason.
11.3 If the Rental Agreement is terminated early for any reason other than a breach by Aden Wholesale Pty Ltd, You agree to 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.
12. MISCELLANEOUS
12.1 The Rental Agreement contains the whole agreement between the parties.
12.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
12.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of
the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this
agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
13. PRESUMPTIONS AND INTERPRETATION
13.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
13.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.