Vehicle Description
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The owner will let and the hirer will take on
hire the motor vehicle described in this agreement.
Duration of hire
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The term of hire shall be for the period as
described in this agreement.
Persons who may drive the vehicle
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The vehicle may be driven during the period
of hire only by the persons described in this agreement and
only if each such person holds a current driver's license (particulars
of which are given alongside his/her name and address) appropriate
for the vehicle at the time when they are driving the vehicle.
Payments by hirer
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The hirer shall pay to the owner as payment
for the hire of the vehicle for the period of hire referred
to in clause 2 of this agreement the sum as specified in this
agreement.
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In addition to the payment referred to in clause
4 of this agreement, the hirer shall pay to the owner the sum
specified in this agreement for the insurance cover set out
in clause 10 of this agreement.
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In addition to the payment specified in clause
4 of this agreement the hirer shall pay to the owner on termination
of the hiring a distance charge at the rate referred to in this
agreement.
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The hirer shall pay for all petrol or other
fuel (but not oil) used in the vehicle during the period of
the hire.
Hirer's obligations
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The hirer shall ensure that :
a. The water in the radiator and battery of the
vehicle is maintained at the proper level.
b. The oil in the vehicle is maintained at the proper
level;
c. The tyre is maintained at their proper pressure.
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The hirer shall ensure that all reasonable care
is taken in handling and parking the vehicle that it is left
securely locked when not in use.
Insurance
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Subject to the exclusions set out below, the
hirer and any driver authorized to drive the vehicle is fully
indemnified in respect of any liability he/she might have to
the owner in respect of loss of or damage to the vehicle and
its accessories and spare parts and any consequential loss of
revenue or other expenses for the owner including towing and
salvage costs associated with the recovery of the vehicle and
its accessories and spare parts. Subject to the exclusions set
out below, the hirer and any driver authorized to drive the
vehicle are indemnified to the extent of $100,000 in respect
of any liability he/she might have for damage to any property
(including any injury to any animal) belonging to any other
person and arising out of the use of the vehicle.
Exclusions The indemnities referred
to above shall not apply where the damage, injury or loss arises
when:
- The driver of the vehicle is under the influence of alcohol
or any drug that affects his/her ability to drive the vehicle;
- The vehicle is in an unsafe or unroadworthy condition that
arose during the course of the hire and that caused or contributed
to the damage or loss, and the hirer was aware or ought to
have been aware of the unsafe or unroadworthy condition of
the vehicle;
- The vehicle is operated in any race, speed test, rally or
contest;
- The hirer is not a body corporate or department of State
and the vehicle is driven any person not named in clause 3
of the agreement;
- The vehicle is driven by any person who at the time when
he/she drives the vehicle is disqualified from holding or
has never held a driver's license appropriate for that vehicle;
- The vehicle is willfully or recklessly damaged by the hirer
or any other person named in clause 3 of the agreement or
driving the vehicle under the authority of the hirer, or is
lost as a result of the willful or reckless behavior of the
hirer or any such person;
- The vehicle is operated on any of the following roads;
Any unsealed roads,
Ball Hutt Road (Mt. Cook),
Crown range Road (Queenstown), Skippers Road (Queenstown),
Ninety Mile Beach (Northland),
Any Beach or Off Road Activity
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The vehicle is operated outside the term of
the hire or any agreed extension of that term.
It is agreed between the owner and the hirer that
section 11 of the insurance Law Reform Act 1977 shall apply
with respect to the above exclusions as if this clause constituted
a contract of insurance.
Rejection of insurance (this generally
is not applicable)
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The hirer accepts that the vehicle is hired
to him/her at his/her own risk in respect of loss of or damage
to the vehicle and consequential loss to the owner. The hirer
accepts that he/she may be liable to the owner for any loss
of or damage to the vehicle and consequential loss.
Signature of hirer……………………………………..(You
should not sign this unless you are sure you understand its effect)
Owner's obligations
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The owner shall supply the vehicle in a safe
and roadworthy condition.
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The owner shall be responsible for all ordinary
and extraordinary costs of running the vehicle during the term
of the hire to the extent that by the terms of this agreement
those costs are payable by the hirer.
Note: By virtue of clause 7 of this agreement, the
cost of petrol and other fuel, but not oil, used during the term
of the hire is the responsibility of the hirer.
Mechanical repairs and accidents
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If the vehicle is damaged or requires repair
or salvage, whether because of an accident or breakdown, the
hirer shall advise the owner of the full circumstances by telephone
as soon as practicable.
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The hirer shall not arrange or undertake any
repairs or salvage without the authority of the owner except
to the extent that the repairs or salvage are necessary to prevent
further damage to the vehicle or to other property.
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The hirer shall ensure that no person shall
interfere with the distance recorder or odometer or, in emergency,
any part of the engine, transmission, braking, or suspension
systems of the vehicle.
Use of the vehicle
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The hirer shall not use or permit the vehicle
to be used for carriage of passengers for hire or reward unless
the vehicle is hired with the knowledge of the owner for use
in a passenger service licensed under Part I of the Transport
Service Licensing Act 1989.
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The hirer shall not:
- Sublet or hire the vehicle to any other person;
- Permit the vehicle to be operated outside his/her authority;
- Operate the vehicle, or permit it to be operated, in circumstances
that constitutes an offence by the driver against section
58 of the Transport Act 1962 (which relates to driving or
attempting to drive with excess breath or blood alcohol or
under the influence of drink or drug);
- Operate the vehicle or permit it to be operated in any race,
speed test, rally, or contest;
- Operate the vehicle or permit it to be operated in breach
of the Transport Act 1962 , the Traffic Regulation 1976, or
any other Act, regulations, or bylaws to road traffic;
- Operate the vehicle or permit it to be operated for the
transport of more than the number of passengers or more than
the weight of goods specified in the certificate of loading
of the vehicle;
- Drive or permit the vehicle to be driven by any person if
at the time of driving the vehicle, the hirer or other person
is not the holder of a current driver's license appropriate
for the vehicle.
Return of vehicle
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The hirer shall, at or before the expiry of
term of hire, deliver the vehicle to the owner's place of business
or the owner's agent at the agent's place of business, or obtain
the owner's consent to the continuation of hire.
Immediate return of vehicle where default or damage
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The owner shall have the right to terminate
the hiring and take immediate possession of the vehicle if the
hirer fails to comply with any of the terms of this agreement,
or if the vehicle is damaged. The termination of the hiring
under this clause shall be without prejudice to the other rights
of the owner and the rights of the hirer under this agreement
or otherwise.
Hirer's liability
The Hirer, by signing this agreement, hereby declares
the acceptance of insurance conditions set out in clause 10 above,
including the exclusions and being aware that she or he shall
be liable in respect to the first $1,500.00 + GST
of the damage or loss (including any glass damage) referred to
in the insurance cover specified in clause 10 above for each and
every incident. This does not apply to damage or loss resulting
from fire or from theft or conversion or attempted theft or conversion
of the vehicle. The hirer also accepts all other terms and conditions
set out on the face of this agreement.
Signature of hirer………………………………………………..(You
should not sign this unless you are sure you understand its effect)
Signature of owner/representative………………………………………………….
