| VEHICLE DESCRIPTION |
| 1. |
The owner will let and the hirer will take on
the hire of the motor vehicle described in this agreement. |
DURATION OF HIRER |
2.
|
The term of this hire shall be for the period
as described in this agreement. Refunds are not available if
the vehicle is returned earlier than agreed. |
PERSONS WHO MAY DRIVE THE VEHICLE |
| 3. |
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 and valid drivers licence.
(Particulars of which are given alongside his name and address)
appropriate for the vehicle at the time when they are driving
the vehicle. |
PAYMENTS BY HIRER |
| 4. |
The hirer shall pay to the owner as payment for
the hire of the vehicle for the period of the hire referred
to in clause 2 of this agreement the sum specified in this agreement.
|
| 5. |
Additional payment for insurance if applicable
|
| 6. |
Additional payment for distance run if applicable
|
| 7. |
The hirer shall pay for all diesel and/or other
fuel used in the vehicle during the period of hire.
|
| HIRER’S OBLIGATIONS |
| 8. |
The hirer shall ensure that:
a) The water in the radiator and the battery of the vehicle
is maintained at the proper level
b) The oil in the vehicle is maintained at the proper level.
c) The tyres are maintained at the proper pressure.
|
| 9. |
The hirer shall ensure that all reasonable care
is taken in handling and parking the vehicle and that it is
left securely locked when not in use.
|
| INSURANCE |
| 10. |
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 might have to the owner in respect to the loss or
damage to the vehicle and it’s accessories and spare parts and
consequential loss of revenue or other expenses of the owner.
EXCLUSIONS: The
indemnities set out above shall not apply where injury damage or
loss arises when
a) The driver f
the vehicle is under the influence of alcohol or any drug that
affects his ability to drive the vehicle.
b) 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 or driver was aware or ought to have been
aware of the unsafe or unroadworthy state of the vehicle.
c) The vehicle
is operated in any speed test, race, rally or contest!
d) The hirer is
not a body corporate or department of State and the vehicle is
driven by any person not named in clause 3 of the agreement.
e) The vehicle
is driven by any person who at the time he drives is
disqualified from holding or has never held a licence
appropriate for that vehicle.
f) The vehicle
is wilfully 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 the result of
the wilful or reckless behaviour of the hirer or any such
person.
g) The vehicle
is operated on any of the following roads. Skippers Canyon Road
near Queenstown; Ball Hutt Road at Mt Cook; 90 Mile Beach
Northland; North of Colville Township (Coromandel Peninsula);
All costal beaches.
h) 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. The Hirer acknowledges that he aware of
the above exclusions and further; THE HIRER’S LIABILITY The
Hirer acknowledges that he shall be liable in respect of the
first $_________ of the damage or loss referred to the insurance
cover specified in this clause.
|
| ANIMALS |
| 11. |
Hirer’s are not permitted to carry animals in
vehicles at any time.
|
| OWNER’S OBLIGATIONS |
| 12. |
The owner shall supply the vehicle in a safe
and roadworthy condition.
|
| 13. |
The owner shall be responsible for all ordinary
and extraordinary costs of the running the vehicle during the
term of the 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 of this agreement,
the cost of oil, punctures diesel ad other fuel used during
the term of hire is the responsibility of the hirer. And further
more in the unlikely event of mechanical problem, repair costs
will be borne by the owner as outlined in the rental agreement.
However in the event of accidental breakdown, the owners do
not accept any responsibility for hotel or motel charges and
their liability is limited to the refund of hire charges for
total loss of vehicle use.
|
| MECHANICAL REPAIRS AND ACCOUNTS |
| 14. |
If the vehicle is damaged or requires repair
or salvage, whether because of accident or breakdown, the hirer
shall advise the owner of the full circumstances by telephone
as soon as possible
|
| 15. |
The hirer shall not arrange or undertake any
repairs of salvage without the authority of the owner except
to the extent that the repairs of salvage are necessary to prevent
further damage to the vehicle or other property
|
| 16. |
The hirer shall ensure that 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
|
| USE OF THE VEHICLE |
| 17. |
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 use in a passenger service licenced under Part VII of the
Transport Act 1962 or exempt from licensing under that act.
|
| 18. |
The hirer shall not: |
19.
|
a) Sublet or hire the vehicle to any other person.
b) Permit the vehicle to be operated outside his authority
c) Operate the vehicle, or permit the vehicle to be operated,
in circumstances that constitute an offence by the driver against
section 58 f 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.)
d) Operate the vehicle or permit the vehicle to be operated
in any rally, contest, race or speed test.
e) Operate the vehicle or permit the vehicle to be operated
to propel or tow any other vehicle.
f) Operate the vehicle or permit the vehicle to be operated
in breach of the Transport Act of 1962, the Traffic Regulations
1976, or any other Act, regulations, or bylaws to road traffic.
g) Operate the vehicle or permit the vehicle for the transport
of more than the passengers or more than the weight of goods
specified in the certificate of loading of the vehicle
h) Drive or permit the vehicle to be driven by any person at
the time of his driving the vehicle, the hirer or other person
is not the holder of a current driver’s licence appropriate
for the vehicle.
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| RETURN OF VEHICLE |
| 20. |
The hirer shall, at or before the expiry of he
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 owners consent to the continuation of hire.
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| IMMEDIATE RETURN OF VEHICLE WHERE
DEFULT OR DAMAGE |
| 21. |
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 ids damaged. The termination of the hiring under
the authority of this clause shall be without prejudice to the
other rights of the owner and the rights of the hirer under
this agreement or otherwise.
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