Terms And Conditions
Southside Truck Rental  ABN (21 625 502 936)

VEHICLE AND MACHINERY HIRE TERMS AND CONDITIONS

 

 These Hire Terms, together with any Hire Form (defined in clause 1(a)), set out the agreement (this Agreement) under the terms of which you or company which you represent (the Customer, you) will rent the Vehicle from Southside Truck Rental (ABN 21 625 502 936) (  we, us, our).

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1. HIRE FORM, THIS AGREEMENT

   • These Hire Terms will apply to all the Customer’s dealings with Southside Truck Rental, including being incorporated in all agreements, quotations or orders under which Southside Truck Rental is to rent Vehicle and/or provide services to the Customer (each a ‘Hire Form’) together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing).

   • The Customer will be taken to have accepted this Agreement if the Customer accepts a Hire Form, or if the Customer orders, accepts or pays for any Vehicle and/or services provided by Southside Truck Rental after receiving or becoming aware of this Agreement or these Hire Terms.

   • In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Hire Form) will prevail over these Hire Terms to the extent of any inconsistency.

2. HIRE

Southside Truck Rental provides to the Customer and the Customer accepts from Southside Truck Rental the hire of the Vehicle upon and subject to the provisions of this Agreement.

1. PRE HIRE

The Customer warrants that they:

• will provide a copy of their valid driver’s licence/s if requested by Southside Truck Rental;

• have the skills and any required licences and/or qualifications to operate the Vehicle;

• have understood and read any instructions or information provided by Southside Truck Rental and the Vehicle’s manufacturer;

• will obtain up to date information from relevant authorities, (for example, by using the “Dial Before You Dig” service), about any infrastructure networks at the relevant job site; and

• ensure that any person collecting or taking delivery of the Vehicle on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised.

1. VEHICLE USE

• The Customer must ensure that the Vehicle is only used:

  • for its intended purpose;

  • in a proper and skillful manner, by Personnel who are appropriately trained, licensed, certified and competent;

  • in accordance with the Vehicle manufacturer’s requirements, recommendations and instructional materials provided to the Customer; and

  • in accordance with all Laws, rules and regulations applicable to the Vehicle and its use and/or relating to the job site.

• The Customer must not, and must not allow any Personnel or third party to:

  • tow the Vehicle (with or without a trailer) with an unsuitable or unroadworthy vehicle or on unsealed roads;

  • tow the Vehicle (with or without a trailer), if the driver of the towing vehicle is not the holder of a valid driver licence;

  • use the Vehicle for any dangerous or illegal purpose;

  • use or allow the Vehicle to be used to carry passengers for payment of any kind and/or for racing;

  • make any alterations to the Vehicle, including by unauthorised repair;

  • use or allow the Vehicle to be used while the operator is under the influence of alcohol or drugs;

  • smoke in the Vehicle;

  • use the Vehicle when it is damaged or unsafe;

  • affix or install any accessories, equipment or device on or to the Vehicle (other than the Included Attachments set out in the Hire Form) without Southside Truck Rentals prior written consent;

  • sub-hire the Vehicle; and

  • use the Vehicle for the conveyance or towing of any load.

Maintenance

• The Customer must, when the Vehicle is unattended, always keep it locked and keep the keys under their control.

• The Customer is responsible for the performance and cost of daily maintenance and care of all Vehicle in its possession, including:

  • daily checking of all fluids (fuel, oil, water, battery levels etc); and

  • notifying Southside Truck Rental if the Vehicle requires servicing or maintenance, including if the service indicator light comes on.

• If instructed by Southside Truck Rental, the Customer must cover the Vehicle with waterproof material in wet weather conditions.

Operator

• The Customer agrees that they are responsible for the acts and omissions of any other person they allow to use the Vehicle.

Fuel

• The Customer must:

  • ensure that the Vehicle has a full tank of fuel when it is returned to Southside Truck Rental, unless specified otherwise in the Hire Form;

  • only fill the Vehicle with fuel of a type that meets the Vehicle’s specifications; and

  • promptly pay to Southside Truck Rental the costs of refuelling the Vehicle, at the Fuel Rate of $3.50 for each litre of fuel required to refill the Vehicle’s tank, if the Customer fails to return the Vehicle with a full tank of fuel.

Travel Limit

• The Customer agrees that if it exceeds the Travel Limit set out in the Hire Form, the Additional Travel Charge will apply for every kilometer driven over the Travel Limit.

Personal Property

• Southside Truck Rental is not liable to any person for any loss of, or damage to, personal property that is left in the Vehicle after its return to Southside Truck Rental or stolen from the Vehicle or otherwise lost during the Hire Term.

Cleaning

• The Customer acknowledges that the Vehicle is rented out in a clean condition. The Customer must return the Vehicle in the same state of cleanliness (inside and out) it was in on the Start Date (Clean) or fee a of $200 will apply.

• If the Vehicle is not Clean upon return, or if Southside Truck Rental reasonably believes that the Customer has smoked or allowed others to smoke in the Vehicle during the Hire Term, a cleaning fee covering the total cost to Southside Truck Rental to clean the Vehicle will apply $500.

1. RETURN

   • Unless the hire includes delivery and collection of the Vehicle by Southside Truck Rental (as indicated in the Hire Form), the Customer must, on the Return Date and by the return time specified in the Hire Form, return the Vehicle to Southside Truck Rental at the Return Address in the same condition as it was in on the Start Date.

   • If the Customer does not comply with clause 5, the Customer must pay the Late Charge for every additional 24 hour period or part thereof after the return time on the Return Date for which the Customer retains possession of the Vehicle.

   • If the Customer returns the Vehicle before the Return Date:

     • the discount set out in the Early Return Discount section of the Hire Form will be applied; or

     • if no Early Return Discount is set out in the Hire Form, the Customer will be liable for the full Fees as if the Vehicle was in its possession from the Start Date until the Return Date, despite any early return of the Vehicle.

1. FAULTY VEHICLE

   • If the Vehicle is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), the Customer must immediately:

     • notify Southside Truck Rental;

     • stop using the Vehicle;

     • take all steps necessary to prevent injuries from occurring to any person or property because of the condition of the Vehicle;

     • take all steps necessary to prevent the Vehicle from sustaining any further damage;

     • not repair or attempt to repair the Vehicle without Southside Truck Rentals written consent; and

     • comply with Southside Truck Rentals directions in relation to the return of the Vehicle.

   • Subject to clause 6(c), if, upon inspection of the Vehicle, Southside Truck Rental determines that a Breakdown was:

     • caused by a fault in the Vehicle (not caused or contributed to by the Customer) (Vehicle Fault) then Southside Truck Rental will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown occurred; or

     • not caused by a Vehicle Fault, then the Customer will still be required to pay Fees in accordance with the Hire Form.

   • Clause 6(b) does not limit:

     • any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or

     • any rights or remedies Southside Truck Rental may have access to in relation to a Breakdown, under this Agreement or otherwise.

1. REPLACEMENT, LOSS AND DAMAGE

Loss, damage and personal injury

• The Customer will be fully liable to Southside Truck Rental for:

  • any loss or damage to the Vehicle during the Hire Term, or otherwise when the Vehicle is in the Customer’s possession, and must give reasonable notice to Southside Truck Rental in writing of any such loss or damage; and

  • all damage to the property of any person which is caused or contributed to by the Vehicle during the Hire Term, or otherwise when the Vehicle is in the Customer’s possession.

Replacement

• If Southside Truck Rental notifies the Customer in writing, the Customer must replace all parts of the Vehicle which during the Hire Term have become worn out, lost, stolen, damaged beyond repair or permanently rendered unfit for use (fair wear and tear excepted), provided that the Customer must not make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of the Vehicle.

1. INCIDENTS, INSURANCE AND EXCESS REDUCTION

Insurance

• The Customer acknowledges that Southside Truck Rental may, in its discretion, hold insurances in relation to the Vehicle but such insurances may not cover the Customer or the Customer’s use of the Vehicle and Southside Truck Rental will have no obligation or requirement to insure the Customer’s use of the Vehicle under this Agreement. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Vehicle.

• If Southside Truck Rental notifies the Customer that it holds insurance in relation to the Vehicle, or if the Customer has paid an Excess Reduction Fee, the Customer must not do or permit anything to be done which may make Southside Truck Rentals insurance invalid or able to be cancelled or which may increase Southside Truck Rentals insurance premiums.

• Southside Truck Rental reserves the right to apply any insurance policy it does hold in respect of the Vehicle during the Hire Term, to damage or loss caused or contributed to by the Customer, however Southside Truck Rental is under no obligation to. If Southside Truck Rental chooses to make a claim under an applicable insurance policy in accordance with this clause 8 in respect of any damage or loss during the Hire Term, the Customer will be required to pay any excess payable of by Southside Truck Rental in respect of such a claim of.

Excess Reduction

• If an Excess Reduction Fee is set out in the Hire Form, and the Customer pays this amount to Southside Truck Rental before the Start Date, then the excess payable under clause 8(c) will be limited, per incident, to the Reduced Excess amount set out in the Hire Form, subject to the terms of this Agreement.

• The Customer’s liability in relation to the Vehicle will only be reduced to the Reduced Excess amount set out in the Hire Form, if:

  • the liability was not caused or contributed to by any unlawful act or omission (including any unlawful use of the Vehicle), or a breach of this Agreement; and

  • Southside Truck Rentals relevant insurance policy covers that liability.

• Notwithstanding clause 8(e), the Customer’s liability in relation to the Vehicle will not be reduced to the Reduced Excess amount set out in the Hire Form, even if the Customer has paid the Excess Reduction Fee, if the loss or damage is:

  • occasioned by the Customer failing to take reasonable care of the Vehicle;

  • is caused due to a failure by the Customer to use the Vehicle for its intended purpose or in accordance with Southside Truck Rentals instructions or the manufacturer’s instructions;

  • caused to the Vehicle because of any illegal activity, misappropriation or wrongful conversion of the Vehicle by the Customer;

  • caused by the Customer’s misuse, abuse, overloading, exceeding the rated capacity or improper servicing or repairs of the Vehicle;

  • caused by the exposure of the Vehicle to corrosive substances, salt water or toxic materials;

  • to any included attachments and/or tools, accessories, parts, grease guns, hoses, electrical cords, lights, light globes and other similar accessories, ground engaging tools, tracks, tyres and glass;

  • occurred while the Vehicle was in transit, including during loading and unloading;

  • caused by collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;

  • caused by the overloading of the Vehicle or any part or component of the Vehicle;

  • to motors or other electrical equipment or components within the Vehicle caused by electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the Vehicle;

  • caused by vandalism;

  • to tyres or tubes;

  • caused while the Vehicle is being driven or towed on any road that is unsealed or is not a public road;

  • to windscreens, mirrors, glass, or Perspex; or

  • arising in circumstances where a claim has been made by or against a third party.

Incidents, Loss and Damage

• Subject to any Southside Truck Rental insurance policy that covers the Customer, which Southside Truck Rental has indicated it will claim against to cover the Customer (either by accepting an Excess Reduction Fee or as otherwise agreed in writing), if the Vehicle is lost, damaged, destroyed or stolen during the Hire Term, or otherwise while the Vehicle is in the Customer’s possession, the Customer must compensate Southside Truck Rental for any costs of repair or replacement, including any lost income at the supplied day rate agreed upon on the hire form, for each day while the equipment is being repaired or replaced.    

• If the Vehicle is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Vehicle during the Hire Term, or otherwise when the Vehicle is in the Customer’s possession (Incident), the Customer:

  • must promptly report the Incident to the local police (if required by law);

  • must report the Incident to Southside Truck Rental in writing within one Business Day;

  • must, if such damage, destruction or theft is covered by and compensated to Southside Truck Rental under an insurance policy, pay the relevant excess amount to Southside Truck Rental, as well as any other reasonable costs that Southside Truck Rental incurs in relation to such damage, destruction or theft;

  • must not, without Southside Truck Rentals prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by law;

  • must, if requested, permit Southside Truck Rental or its insurer bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the incident; and

  • must, if requested, provide to Southside Truck Rental, within a reasonable time, any statement, information or assistance which Southside Truck Rental or its insurer requests, including by attending a lawyer’s office or a court to give evidence.

1. PAYMENT

Fees

• The Customer must pay the Fees to Southside Truck Rental in the amounts set out in the Hire Form or as otherwise agreed in writing.

Time for Payment

• Unless otherwise agreed in writing or in a Hire Form:

  • the Customer must pay for all Vehicle on or before the Start Date; and

  • if Southside Truck Rental issues an invoice to the Customer, payment must be made by the time(s) specified in such invoice.

Payment Method

• The Customer must pay Fees using the payment method specified in the Hire Form.

Late Payment

• If the Customer does not pay Southside Truck Rental the amounts due and payable under an invoice on or before its due date, without limiting any of Southside Truck Rentals other rights under this Agreement, the Customer must pay Southside Truck Rental interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Southside Truck Rental.

GST

• Unless otherwise indicated, amounts stated in a Hire Form do not include GST. In relation to any GST payable for a taxable supply by Southside Truck Rental, the Customer must promptly pay the GST subject to Southside Truck Rental providing a tax invoice.

Card Surcharges

• Southside Truck Rental reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

Payments other than Fees

• Immediately on request by Southside Truck Rental, the Customer will pay:

  • the price of any Vehicle which is for whatever reason not returned to Southside Truck Rental;

  • the full cost of repairing any damage to the Vehicle caused or contributed to by the Customer;

  • all costs incurred by Southside Truck Rental in delivering and recovering possession of the Vehicle; and

  • any expenses and legal costs (including commission payable to a commercial agent) incurred by Southside Truck Rental in enforcing this Agreement due to the Customers default.

Security Deposit

• Southside Truck Rental may require the Customer to pay a security deposit by credit card for the amount as specified in the Hire Form (Security Deposit).

• The Security Deposit will be used to pay for:

  • any Fees payable (including Late Charges and cleaning fees);

  • to pay for any repairs for any damage to the Vehicle; or

  • to pay for the replacement costs (including shipping and tax) of any Vehicle.

• The Security Deposit may be claimed against any amounts owed by the Customer to Southside Truck Rental under this Agreement.

• The Security Deposit will be held by Southside Truck Rental for a period of no more than 2 weeks after the return of the Vehicle and will be returned in full, or (if applicable) less any amounts claimed from the Security Deposit.

Credit Card Authorisation

• The Customer authorises Southside Truck Rental to:

  • keep the credit card details used to pay the Security Deposit (Security Deposit Card) on file; and

  • to use the Security Deposit Card to pay for any amounts owed to Southside Truck Rental, to the extent those amounts exceed the Security Deposit.

1. OWNERSHIP, POSSESSION AND TITLE

Ownership

• The Vehicle is and will at all times remain the property of Southside Truck Rental, notwithstanding delivery of the Vehicle to the Customer or the possession and use of the Vehicle by the Customer.

• The Customer will not have any right, title or interest in or to the Vehicle except as expressly set out in this Agreement.

Possession

• The Customer must not, without Southside Truck Rentals prior written consent, part with possession of the Vehicle during the Hire Term.

Encumbrances

• The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Vehicle, including a repairer’s lien, except:

  • if a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Southside Truck Rentals option, Southside Truck Rental may remove or satisfy the lien at the Customer’s cost; and

  • a security interest, lien or charge that arises by law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Vehicle will be free of the lien or charge.

1. PERSONAL PROPERTY SECURITIES

The Customer grants a security interest in all of its present and after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to the Customer, in favour of Southside Truck Rental to secure the performance of its liabilities and obligations hereunder or on any account whatsoever.

If requested by Southside Truck Rental the Customer must immediately sign any documents, provide all necessary information and do anything else required by Southside Truck Rental to ensure that the security interest created in Southside Truck Rentals favour is a perfected security interest.

The Customer must not grant any other security interest in favour of any party until Southside Truck Rental has perfected its security interest created under these Terms.

The Customer must not do or permit anything to be done that may result in the security interest granted to Southside Truck Rental ranking in priority behind any other security interest.

The Customer acknowledges that these Terms constitute a security agreement for purposes of the PPSA and the Customer will do all things necessary to enable a security interest to be registered under the PPSA, and will comply with all requirements of the PPSA.

To the fullest extent permitted by the PPSA, the Customer agrees to contract out of the application of the provisions listed in sections 115(1) and 115(7) and the sections listed therein shall not apply.

The Customer hereby waives any rights the Customer may otherwise have to:

• receive any notices or statements the Customer would otherwise be entitled to receive under sections of the PPSA including for the avoidance of any doubt the sections referred to in sections 115(1) and 115(7) of the PPSA;

• apply to a Court for an order concerning the removal of an accession under section 97 of the PPSA;

• object to a proposal of the Customer to purchase or retain any collateral under sections 130 and 135 of the PPSA; and

• receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document.

For the purpose of this clause and other relevant clauses in this Agreement, the expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “security interest”, “perfected security interest” and “verification statement” have the meanings given to them under, or in the context of the PPSA.

1. EARLY RETURN

Notwithstanding any other clause in this Agreement, Southside Truck Rental may demand the early return of the Vehicle to the Return Address, or retake possession of the Vehicle, if Southside Truck Rental reasonably suspects that:

• damage to the Vehicle or injury to any person in connection with the Vehicle is reasonably likely; or

• the Vehicle may be used for an unlawful purpose.

1. THIRD PARTY GOODS AND SERVICES

   • If Southside Truck Rental is required to acquire goods or services supplied by a third party, the Customer may be subject to the terms and conditions of that third party (Third Party Terms).

   • The Customer agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Customer or Southside Truck Rental acquires as part of renting the Vehicle and Southside Truck Rental will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

2. LIABILITY, WARRANTIES AND INDEMNITIES

Liability

• To the maximum extent permitted by law, Southside Truck Rentals liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:

  • is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and

  • is limited, insofar as it concerns other liability, to the total money paid to Southside Truck Rental under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

Warranties

• The Customer acknowledges that in deciding to rent the Vehicle and in entering into this Agreement the Customer has not relied on the skill or judgment of Southside Truck Rental and that the Customer has satisfied itself as to the condition and suitability and fitness for the Customer’s purpose of the Vehicle.

• To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.

• Nothing in this Agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

Indemnities

• The Customer indemnifies Southside Truck Rental from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

  • the casual maintenance, use, storage or operation of the Vehicle during the Hire Term or otherwise when the Vehicle is in the Customer’s possession;

  • injuries to or deaths of persons and damage to property in connection with the Vehicle during the Hire Term or otherwise when the Vehicle is in the Customer’s possession;

  • any breach of this Agreement by the Customer; or

  • any negligent, fraudulent or criminal act or omission of the Customer or its Personnel.

1. TERMINATION

Termination by Southside Truck Rental

• Southside Truck Rental may terminate this Agreement in whole or in part immediately by written notice to the Customer, if the Customer is in breach of any term of this Agreement.

Termination by the Customer

• The Customer may terminate this Agreement in whole or in part by written notice to Southside Truck Rental.

• If the notice under clause 4(b) is:

  • 48 hours or more prior to the start time on the Start Date, no cancellation fee is payable;

  • less than 48 hours prior to the start time on the Start Date, a $50 cancellation fee of the Fees is payable; and

  • after the start time on the Start Date, the Customer must pay 100% of the Fees payable, unless the Vehicle is not of an acceptable quality in accordance with the ACL.

Effect of Termination

• Upon termination of this Agreement, the Customer must promptly:

  • pay any payments required by Southside Truck Rental in respect of the period of the Hire Term prior to the date of termination; and

  • subject to any contrary direction given by Southside Truck Rental, deliver the Vehicle and any other goods included in a Hire Form to the Return Address.

Survival

• Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

1. DISPUTE RESOLUTION

   • A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

   • A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

   • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

2. NOTICES

   • A notice or other communication to a party under this Agreement must be:

     • in writing and in English; and

     • delivered via email to the other party, to the email address specified in this Agreement, or if no email address is specified in this Agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this Agreement as at the date of this Agreement (Email Address). The parties may update their Email Address by notice to the other party.

   • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

     • 24 hours after the email was sent; or

     • when replied to by the other party,

whichever is earlier.

1. GENERAL

   • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

• AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

• WAIVER

No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

• SEVERANCE

Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.

• JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

• ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.

• COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one agreement.

• COSTS

Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.

• ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.

• INTERPRETATION

  • (singular and plural) words in the singular includes the plural (and vice versa);

  • (currency) a reference to $; or “dollar” is to Australian currency;

  • (gender) words indicating a gender includes the corresponding words of any other gender;

  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

  • (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;

  • (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;

  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;

  • (includes) the word “includes” and similar words in any form is not a word of limitation; and

  • (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.

1. DEFINITIONS

In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this Agreement will have the following meanings:

Term

Meaning

Additional Travel Charge

has the meaning set out in the Hire Form.

Business Days

means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Brisbane.

Customer

has the meaning set out in the Hire Form.

Delivery Charges

has the meaning set out in the Hire Form.

Early Return Discount

has the meaning set out in the Hire Form.

Fees

has the meaning set out in the Hire Form.

Fuel Rate

has the meaning set out in the Hire Form.

Hire Form

has the meaning set out in clause 1(a) of these Hire Terms.

Hire Term

means the period of Vehicle Hire, from the Start Date set out in the Hire Form until the Vehicle is returned to Company.

Late Charge

has the meaning set out in the Hire Form.

Laws

mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Services are provided and includes any industry codes of conduct.

Personnel

means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.

Pick/Up Return Address

means the pick up and/or return address set out in the Hire Form.

PPSA

means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.

Return Date

has the meaning set out in the Hire Form.

Security Deposit

has the meaning set out in the Hire Form.

Start Date

has the meaning set out in the Hire Form.

Third Party Terms

has the meaning set out in clause 13.

Travel Limit

has the meaning set out in the Hire Form.

Vehicle

has the meaning set out in the Hire Form.