This agreement is made between the owner and the hirer whose particulars are entered in the agreement. Both parties hereby agree to the following:

 

VEHICLE DESCRIPTION

  1. The owner will let the hirer take on the hire of the vehicle(s) as described and warrants that to the best of their knowledge the vehicle(s) is in a good condition at the start of the hire.

DURATION OF HIRE

  1. The duration of hire shall be such period as described in this agreement. Any authorised extensions will be charged at termination of the hire.

     

    PERSONS WHO MAY DRIVE

  2. The vehicle may be driven during the period of hire only by persons described in this agreement and only if each such person holds a current driver's licence (particulars of which are given alongside his / her name and address) appropriate for the vehicle at the time they drive the vehicle.

     

    PAYMENTS BY HIRER

  3. The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire as referred to in clause 2 of this agreement the sum specified in this agreement.

  4. The hirer shall also pay the owner the sum specified in this agreement for the purposes of Insurance.

  5. In addition to the payments specified in clause 4 and 5 of this agreement the hirer shall pay to the owner on termination of the hire any mileage charges at the rate referred to in this agreement.

  6. The hirer shall pay for all fuel and oil used in the vehicle during the period of hire.

     

    DEFAULT BY AGENT

    Where payment for this hire or any other costs relating thereto, are to be paid through a third party the hirer agrees that such other party is the agent of the hirer and not the agent of the owner: In the event of default in payment for any or all of the charges accrued under this agreement by the hirer’s agent the hirer agrees that the owner may charge all charges to his/her credit card as imprinted. This authority is an unequivocal authority for the owner to debit such charges as may be outstanding at the expiration of 90 days from termination of the hire or such other time as the owner deems fit to the said credit card and an irrevocable instruction to the issuer of the said card to accept and not dispute or reverse such charge whether or not the hirer at any such time as the charge occurs or at any time thereafter may dispute such charge on any grounds whatsoever and the hirer hereby warrants to hold blameless and waives any rights against the issuer of the said credit card and the owner for performance under this authority / instruction. The hirer agrees their only recourse is through the hirer's agent in the event of such occurrences.

     

    HIRER'S OBLIGATIONS

  7. The hirer shall ensure that:

    1. The water in the radiator and battery of the vehicle are maintained at the correct level.

    2. The oil in the vehicle is maintained at the correct level.

    3. The tyres are maintained at their proper pressure.

    4. Puncture repairs are the responsibility of the hirer and are not covered by Insurance.

    5. Windscreens are the responsibility of the hirer and are not covered by Insurance.

     

  8. It is the hirer's responsibility that all due care in handling and parking the vehicle, be exercised and that the vehicle is securely locked when not attended or in use and in the event of damage or breakdown to provide every assistance requested by the owner relating to recovery of the vehicle and to comply with all haste to requests relating to filling out of damage reports or insurance claims at the owner's or its nominated agent's place of business.

     

    INSURANCE

  9. Subject to the exclusions set out below the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he / she might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of 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 NZ$100,000 (US$42015.05) in respect of any liability he / she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of use of the vehicle.

     

    EXCLUSION TO INSURANCE

    The indemnities referred to above SHALL NOT APPLY where the damage, injury, or loss arises when:

    1. The driver of the vehicle is under the influence of alcohol and or any drug that may affect his / her ability to drive the vehicle.

    2. The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and such condition caused or contributed to the damage or loss and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle.

    3. The hirer operates the vehicle in any rally, race or speed test.

    4. The hirer is a boly corporate or any department of state and or the vehicle is driven by any person not named as a driver in the agreement.

    5. 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 licence appropriate for that vehicle.

    6. Any action or inaction of the hirer or other authorised driver may be deemed to be careless, reckless, imprudent or irresponsible or may be deemed to be contrary to the actions a prudent person would take in the care of their own property.

    7. The vehicle is operated on any of the following places or roads:

      • ON ANY BEACH

      • OFF ROAD

      • SKIPPERS CANYON

      • CROWN RANGE

      • BALL HUT ROAD

    8. The vehicle is operated outside the terms of the hire or any authorised extension of those terms.

    9. Incurred under circumstances where the Police would normally press charges for careless use or dangerous driving or where the Police do not attend the accident.

    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 constituted a contract of insurance.

    All costs arising from any exclusions to insurance are at the sole risk of the hirer who hereby indemnities the owner for my such loss.

     

    REJECTION OF INSURANCE

  10. The hirer accepts he / she has been offered insurance as specified in clause 10 and has chosen to reject such offer if indicated under heading "Rejection of Insurance".

     

    OWNERS OBLIGATIONS

  11. The owner shall to the best of their ability supply the vehicle in a safe and roadworthy condition.

  12. The owner shall be responsible for all ordinary and extraordinary costs of running of the vehicle during the term of hire except to the extent that by the terms of this agreement those costs are payable by the hirer.

    NOTE: By virtue of clause 7 and 8(d) of this agreement the cost of petrol and / or any other fuels together with puncture repairs during the term of the hire are the responsibility of the hirer.

     

    MECHANICAL REPAIRS & ACCIDENTS

  13. 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 possible and accepts that under no circumstances shall the vehicle be abandoned and that the security of the vehicle remains the hirer's responsibility until uplifted by the owner or owner's agent.

  14. 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 present further damage to the vehicle or to other property.

  15. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or: any part of the engine or transmission or braking or suspension systems of the vehicle.

     

    USE OF THE VEHICLE

  16. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for the use in a passenger service licensed under Part 1 of the Transport Services Licensing Act 1989.

  17. The hirer shall not:

    1. Submit or hire the vehicle to any other person.

    2. Permit the vehicle to be operated outside his / her authority.

    3. Operate the vehicle or permit it to be operated in circumstances that constitute 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 drugs).

    4. Operate or permit to operate the vehicle in any rally or race or speed test or contest.

    5. Operate the vehicle or permit it to be operated in breach of the Transport Act 1962 or the Traffic Regulations Act 1976 or any other Act or regulations or bylaws applying to road traffic.

    6. 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 for the vehicle.

    7. Drive or permit the vehicle to be driven by any person if at the time of driving the vehicle that driver is not the holder of a current full driver's licence appropriate to the vehicle.

    8. Do or permit to be done any such thing as may be in breach of any Exclusions to Insurance as specified in Clause 10 sub clauses A though J.

       

    STORAGE

  18. Any items that are left in storage are done so with the hirer's understanding that the company will take NO responsibility for these goods. The cost of this service is NZ$10 (US$4.20)

     

    RETURN OF THE VEHICLE

    (See also Duration of Hire (clause 2).)

  19. The hirer shall at or before the expiry time 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. Any unauthorised or unadvised extension of hire will be charged at 20% of daily rate per hour and the vehicle may be treated as stolen until such extension is authorised or advised when a new daily rate may be required to continue the hire. If the hirer intends to return the vehicle before the specified termination 48 hours notice is required for any refund claim to be countenanced. In any event any refund which may be allowed through early termination of hire may be calculated using a different daily rate for the reduced term of actual hire to that specified on the basis of the original intended term of hire and other penalties may apply. Any out of hours drop offs / pick ups will incur an extra charge. On return of the vehicle a cleaning charge of up to but not exceeding NZ$50.00 (US$21.01) may be incurred if the vehicle is not in a reasonable standard of cleanliness fair road grime and untidiness excepted. This charge will apply where most especially (but not limited to) spillage or leakage of noxious or noisome or other material has occurred or upholstery or carpets have been damaged or stained or mud or clay or oil or other such inappropriate substance is in evidence on upholstery or carpet or within the interior of the car or boot.

     

    NOTE TO THE HIRER

    THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT.

    A copy must be kept in the vehicle throughout the term of the hire and produced on demand by any Police Officer or other authorised employee of the Ministry of Transport.

     

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