Loan Agreement - Terms & Conditions
1. DEFINITIONS.
“Agreement” means all terms and conditions found on both sides of-this form: “You'” or “Your” means the person or organization identified as the renter on the reverse side of this Agreement, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed by Us at its or the customer’s direction. All persons referred to as “You” or “Your” are jointly and severally bound by this Agreement. “We”, “Our” or “Us” means the business named on the reverse side of this Agreement. “Authorized Driver” means You and any additional driver approved and listed by Us on this Agreement, PROVIDED THAT you and each additional driver are at least 21 years old (unless otherwise agreed to by Us in writing} and possess a valid driver’s license. “Vehicle” means the automobile or truck identified in this Agreement and any substitute vehicle We provide, and all its tires, tools, accessories, equipment, keys and documents. “CCDW” means Comprehensive and Collision Damage Waiver. “Collision Damage” means damage to the Vehicle caused by collision or upset. “Comprehensive Damage” means damage to, or loss of, the Vehicle caused by theft or vandalism by anyone other than You Or Your passengers; damage caused by an act of nature, riot or civil disturbance, and fire; but, does not include damage caused by animal transported in the Vehicle. “Loss of Use” means the amount calculated by multiplying the number of days from the date of damage to the Vehicle until it is repaired times the daily rental rate shown on the reverse side of this Agreement.
2. RENTAL OR LOANER; REPOSSESSION; INDEMNITY AND WARRANTIES.
If You are obligated to pay Us a time or mileage fee for use of the Vehicle, this Agreement is a contract for rental of the Vehicle. If You are not obligated to pay us a time or mileage fee for use of the vehicle, this Agreement is a contract for loan of the Vehicle only. We may repossess the Vehicle at Your expense without notice to You, if the Vehicle is abandoned or used in violation of law Or this Agreement. You waive any right to a hearing or to receive notice of legal process as a pre-condition to Our repossession of the Vehicle. You agree to indemnify Us, defend Us and hold Us harmless from all claims, liability, costs and attorney fees We incur resulting from, or arising out of, this transaction including Your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
3. CONDITION AND.RETURN OF VEHICLE.
You must return the Vehicle to Our office or other location We specify, on the date and time specified in this Agreement, and in the same condition that You received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories must have Our prior approval.
4. RESPONSIBILITY FOR VEHICLE DAMAGE OR LOSS; REPORTING TO POLICE.
Except for ordinary wear, You are responsible for all damage to, or loss of, the Vehicle, Loss of Use, diminished value of the Vehicle caused by damage to it or repair of it, missing equipment, and a reasonable charge to cover Our administrative expenses incurred processing any damage claim, whether or not You are at fault. You must report all accidents or incidents of theft and vandalism to Us and the police as soon as You discover them.
5. PROHIBITED USES.
The following acts are prohibited uses of the Vehicle and breaches of this Agreement: The Vehicle may not be used (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the Influence of legal or illegal drugs, or alcohol; (c) by anyone who obtained the Vehicle or extended the rental or Ioan period by giving Us false, fraudulent or misleading information; (d) for any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (8) to carry persons for hire; (f) off road, outside Australia, or to push or tow anything, without Our written consent; (g) In any race, speed test or contest; (h) to teach anyone to drive; (i) to carry dangerous or hazardous Items or illegal material; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (I) to transport children without approved child safety seats as required by law; (m) when the odometer has been tampered with or disconnected; (n) to drive through or under an overpass or other structure without sufficient overhead or side clearance; (o) when It is reasonable to expect You to know that further operation would damage the Vehicle; (p) when cargo is inadequately secured; (q), where applicable, by anyone who lacks experience operating a manual transmission; and, (r) for any law enforcement use or law enforcement related activity. You are also prohibited from committing a willful, wanton or reckless act with the Vehicle, from sub-renting or sub-leasing the Vehicle, or failing to summon the police to any accident involving personal Injury or property damage.
6. LIABILITY INSURANCE.
You are responsible for all damage or loss You cause to others or their property. You agree to provide auto liability, collision and comprehensive insurance covering You, Us, and the Vehicle.
7. CHARGES.
You agree to pay Us, or any appropriate government authority, on demand for all charges due Us under this Agreement, including, but not limited to: (a) time and mileage during the period of the rental, or a mileage charged based on Our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers: (c) charges for the optional products and services You elected to purchase; (d) fuel; if You return the Vehicle with less fuel than when rented or loaned; (e) applicable taxes; (f) the actual cash value of the Vehicle on the date of the loss, if the Vehicle is lost, stolen or totalled; (g) if the Vehicle is damaged, You agree to pay Us the cost of repairs if We elect to repair the Vehicle, or the difference between the value of the Vehicle at the time of rental or loan and the actual cash value of the Vehicle after it is damaged, if We elect not to repair the Vehicle; (h) Loss of Use and Our administrative fees incurred in processing a claim for loss or damage; (i) all traffic, parking and toll violations, fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against Us or the Vehicle, unless these expenses are Our fault; (j) expenses We incur in locating and recovering the Vehicle if You fail to return it or if We elect to repossess it under the terms of this Agreement; (k) all costs, including pre- and post-judgment attorney fees, We incur collecting payment from You or otherwise enforcing Our rights under this Agreement; (I) a 2% per month late payment fee, or the maximum allowed by law (if less than 2%) on all amounts past due; (m) 1 ½% per month interest, or the maximum allowed by law (if less than 1½%) on monies due Us but not paid upon return of the Vehicle; (n) $50, plus $5/mile for every mile between Our office and the place where the Vehicle ls returned or abandoned, plus any additional recovery expenses We incur; (o) $25 or the maximum permitted by law, whichever is greater if You pay Us with a check returned unpaid for any reason; and (p) a reasonable fee not to exceed $150 to clean the vehicle, if returned substantially less clean than when rented or loaned.
8. DEPOSIT.
We may use Your deposit to pay any amounts owed to Us under this Agreement.
9. YOUR PROPERTY.
You release Us, Our agents and employees from all claims for loss of, or damage to, Your personal property or that of any other person that We received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in Our offices, whether or not the loss or damage was caused by Our negligence or was otherwise Our responsibility.
10. BREACH OF AGREEMENT.
You waive all recourse against Us for any criminal reports or prosecutions that We take against You that arise out of Your breach of this Agreement.
11. MODIFICATIONS.
No term of this Agreement can be waived or modified except by a writing that We have signed. If You wish to extend the rental or loan period, You must obtain written authorization from Us on or before the date due, provided that the total rental or loan period does not exceed 30 days. This Agreement constitutes the entire agreement between You and Us. All prior representations and agreements between You and Us regarding this transaction, whether verbal or written, are merged into this Agreement.
12. MISCELLANEOUS.
No waiver by Us of any breach of this Agreement constitutes a waiver of any additional breach or waiver of the performance of Your obligations under this Agreement. Our acceptance of payment from You or Our failure, refusal or neglect to exercise any of Our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You release Us from any liability for consequential, special or punitive damages in connection with this transaction or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
1st Page Agreement, Footer Terms
WE DO NOT TAKE RESPONSIBLE FOR ANY BELONGINGS LEFT IN YOUR RENTALS OR IN OUR FACILITY! ALWAYS REMEMBER TO BUCKLE UP AND DRIVE ON THE LEFT. EMERGENCY / POLICE:000. TOWING SERVICES: Contact local automotive club or other private tow service, all charges to be paid by the customer. By my signature, I acknowledge receipt of all notices which appear on this rental agreement and which are stated on the rental document portfolio provided. Thank you for your rental and we look forward to hearing about your experience at [email protected]. If you have questions regarding this rental, call us on 0433477984
