IMPORTANT REQUIREMENTS

* THE HIRER HAS NO AUTHORITY TO ACCEPT ANY SETTLEMENT OFFER THAT AFFECTS THE OWNER'S RENTAL FEES AND OTHER MONIES PAYABLE UNDER THIS AGREEMENT WITHOUT THE OWNER'S PRIOR WRITTEN CONSENT.

* Any accident must be reported within 24 hours and must be accompanied by a police report.

* Should the Hirer fail to comply with any conditions of this Agreement, all losses and damages suffered by the Owner arising out of such failure will be borne by and paid for by the Hirer.

* It is the Hirer's responsibility to maintain the necessary engine oils, brake fluids and engine coolant levels. Any cost incurred by the Owner as a result of the Hirer's failure to do so will be borne by and paid for by the Hirer.

* Should any malfunction of the vehicle occur or if there is any sign of overheating, the Hirer must stop using the vehicle immediately. Any cost incurred by the Owner as a result of the Hirer's failure to do so will be borne by and paid for by the Hirer.

* The Hirer must return the vehicle in a clean and tidy state. Any cost incurred by the Owner as a result of the Hirer's failure to do so will be borne by and paid for by the Hirer.

* The Hirer must pay for all fuel used. The vehicle must be returned with the same amount of fuel as at the time of handover of the vehicle to the Hirer. If the vehicle is returned with less fuel, the difference will be charged at $2.50 (plus GST) per litre.

1. OWNER

1.1 The Owner:

(a) enters into this Agreement in its own right, or as an agent of, or with the authority from, or otherwise on behalf of another person or entity who has the legal title to the vehicle (as the case may be); and

(b) represents that it has the right to enter into this Agreement.

2. HIRER’S WARRANTY

2.1 The Hirer warrants that the Hirer is physically and legally qualified to operate the vehicle.

2.2 The Hirer warrants that the Hirer cannot conduct its day-to-day activities without a vehicle and therefore will need a replacement vehicle for the time the vehicle is off the road due to repairs.

3. USE OF VEHICLE

3.1 The Hirer acknowledges and agrees that:

(a) at the time of collision or third party loss or damage, irrespective of liability, the Hirer must pay the excess in the amount of $5,000.00 (plus GST), provided that the excess will be refunded to the Hirer if the third party insurance accepts the liability by the third party and pays the cost of the relevant loss or damage in full;

(b) excess may be reduced to the following amounts if the Hirer agrees to an excess reduction fee shown in Rates & Fees;

** Basic excess NIL

** Age and inexperienced driver excess, which is payable when the Hirer or any additional driver:

** (i) is under the age of 21 years; and/or

** (ii) has not held the Australian driver’s licence required to drive the vehicle for at least 2 years

** is $2,000 (plus GST)

** Tesla excess, which is payable when the vehicle is a Tesla is $2,000 (plus GST)

** Bike excess, which is payable when the vehicle is a 2 wheel motor bike is $1,500 (plus GST)

(c) the Hirer must maintain the vehicle in the state of repair and condition in which it was given to him or her having regard to the Damage Check Sheet;

(d) the Hirer must maintain tyre pressure, fluid and fuel at the proper operating levels and to immediately report any defect to the Owner;

(e) a person who holds a learner licence or does not hold a current motor vehicle driver’s licence for the particular class of the vehicle must not drive the vehicle;

(f) a person whose breath or blood alcohol concentration exceeds the maximum lawful concentration or who is intoxicated or who is under the influence of any drug, toxic, or illegal substance must not drive the vehicle;

(g) a person who has given the Owner or for whom the Hirer has given the Owner a false name, age, address or driver’s licence details must not drive the vehicle;

(h) a person whose driver’s licene has been cancelled, endorsed or suspended within the last 3 years must not drive the vehicle;

(i) the vehicle must not be used outside of the State that it was hired in;

(j) the vehicle must not be driven on any unsealed road. No vehicle (including 4WDs) may be used on off-road conditions, including without limitation fire trails, snow, beaches, sand, tracks, fields and paddocks;

(k) the Hirer must not, and must not or permit anyone else to, carry any inflammable, explosive or corrosive materials or to carry any animal or pet, excluding guide dogs;

(l) the Hirer must maintain the vehicle’s engine oils, brake fluids and engine coolant levels to the manufacturer’s specifications as prescribed in the vehicle manual;

(m) the vehicle must not be used to carry passengers or property for hire or reward;

(n) the vehicle must not be used to carry passengers in excess of the capacity of the vehicle;

(o) the vehicle must not be used to carry passengers, other than in the interior or cab of the vehicle;

(p) the vehicle must not be used to push, propel or tow another vehicle, trailer or any other thing without prior written consent of the Owner;

(q) the vehicle must not be used for any race or in any competition;

(r) the vehicle must at all times be used in compliance with all applicable laws and regulations, including any seat belt and child restraint laws;

(s) the Hirer must immediately inform the Owner of any damage to, or defect in, the vehicle and, if required by the Owner, immediately return the vehicle to the Owner (which the Owner may, in its discretion, replace with another vehicle);

(t) any vehicle moving and or transport costs will not be reimbursed to the Hirer or any other person, unless specifically authorised by the Owner;

(u) the vehicle must not be used for any illegal purpose;

(v) the vehicle must not be used or operated in a reckless or negligent manner or in a way that causes any loss or damage to any person or property; and

(w) the vehicle must not be used, driven or operated by any other person, other than the Hirer without the prior written consent of the Owner. If anyone else drives the vehicle in breach of this clause, the Hirer:

(i) must immediately pay the Owner a fine in the amount of $5,000.00 (plus GST) for each such occasion;

(ii) is liable for any and all loss and damage to the vehicle and equipment and any other loss and damage caused by any unauthorised driver, including personal injury to any third party or damage to any third party property; and

(iii) acknowledges that such loos and damage are not covered by any insurance.

4. LIABILITY

4.1 The Hirer is fully responsible and liable for any and all loss and damage to the vehicle and equipment during the term of this Agreement, whether caused by collision (subject to clauses 3.1(a) and 3.1(b)), fire, flood, vandalism, theft, the Hirer’s breach of this Agreement or any other cause, except to the extent that the third party insurance accepts the liability by the third party and pays the cost of the loss or damage in full.

4.2 The Hirer is fully responsible and liable for any and all loss, damage or injury to any third party caused by their use or operation of the vehicle.

4.3 To the full extent permitted by law, the Hirer releases the Owner from, and indemnifies the Owner against, any costs, expenses, fees, fees, charges, losses, damages, liability, claims, demands, suits or proceedings incurred or suffered by, or made against, the Owner in connection with the vehicle, its use by the Hirer or any other matter arising out of this Agreement.

5. PAYMENT OF HIRE AND OTHER COSTS

5.1 Within 1 day after the date of the Owner’s invoice, the Hirer must pay:

(a) any applicable amount payable by the Hirer under this Agreement, including the fees and charges payable for the hire of the vehicle referred to in the Rates & Fees for the hire period (collectively “Hire Costs”);

(b) any amount paid or payable by the Owner arising out of the Hirer’s use of the vehicle, including any fuel, toll, parking and traffic infringements, cleaning, excess or damage;

(c) any amount for which the Hirer is liable to the Owner for any breach of this Agreement; and

(d) Interest on the final Hire Costs at the rate of 18% per annum calculated on monthly rests, which accrues from the next day after the due date specified in the Owner’s invoice.

5.2 The Hirer authorises any credit card or any other card or account provided by the Hirer to be securely stored in stripe.com platform or a similar platform in accordance the Owner’s Privacy Policy.

5.3 The Hirer authorises the Owner to:

(a) charge to the credit card or any other card or account provided by the Hirer with any money due and payable by the Hirer under this Agreement, including without limitation the Hire Costs, payment for unauthorised use of the vehicle and payments for tolls, parking and traffic infringements and administration fees; and

(b) put an authorisation hold in the amount of $1.00 from the available balance of the Hirer’s credit card or any other card as a security for the Hirer’s performance of its obligations under this Agreement.

6. GST

6.1 In this Agreement the terms defined in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) have the same meaning as in that legislation.

6.2 The Hirer acknowledges that:

(a) the Hire Costs and any fees, charges and other payments referred to in this Agreement (“Consideration”) do not include any GST imposed under the GST Act; and

(b) the Hirer must pay or reimburse the Owner for any GST and indemnify the Vendor for any GST in addition to the Consideration at the same time as the Consideration is payable by the Hirer.

6.3 The Owner will provide the Hirer with a tax invoice at the same time as the Hirer pays or reimburses the GST to the Owner.

7. TRAFFIC AND TOLL INFRINGEMENTS

7.1 The Hirer is responsible for payment of all tolls, parking and traffic infringements in the vehicle throughout the duration of this Agreement.

7.2 If the Hirer commits a traffic or parking infringement, the Hirer will be charged an administration fee of $50.00 (plus GST). If the Hirer incurs a toll notice, the Hirer will be charged an administration fee of $15.00 (plus GST). The administration fees will be charged to a credit card, the details of which are to be provided by the Hirer.

8. RETURN OF VEHICLE

8.1 On or before the end of the hire period (or an earlier day if otherwise required under this Agreement), the Hirer must return the vehicle to the Owner to the Owner’s address set out in this Agreement or another location agreed to by the Owner in writing. The vehicle must be returned to the Owner in the state of repair and condition in which it was given to the Hirer, having regard to the Damage Check Sheet, including with all of the vehicle’s original components and accessories. The Hirer is liable for the replacement cost of any missing components, including without limitation any SD card, vehicle key, tools, jacking equipment, spare tyres, telematics, roof racks and baby seats.

8.2 If the Hirer fails to return the vehicle to the Owner in accordance with clause 8.1, the vehicle will be immediately reported to the Police as having been stolen.

8.3 If the Hirer wishes to request an extension of this Agreement, it must do so in writing. This Agreement will only be extended if the Owner, in its discretion, agrees to such extension in writing.

8.4 The Owner may take possession of the vehicle without prior demand if:

(a) it is illegally parked;

(b) in the Owner’s opinion, it is being used in contravention of any law or in breach of this Agreement;

(c) in the Owner’s opinion, it has been damaged or is defective in any way; or

(d) it has apparently been abandoned.

8.5 By signing this Agreement, the Hirer:

(a) acknowledges and agrees that the Owner may install in the Vehicle any Onboard Devices required by the Owner and use them for any purposes required by the Owner;

(b) authorises the Owner to install and use the Onboard Devices for any purposes required by the Owner;

(c) acknowledges and agrees that the Owner owns all rights, title and interest (including any intellectual property rights) in the recordings, videos, materials and any other output produced by the Onboard Devices; and

(d) authorises the Owner to use those recordings, videos, materials and output for any purposes required by the Owner (including sales and marketing).

For the purpose of this clause 8.5, the term “Onboard Device” means a GPS, immobiliser, driving recorder, event data recorder, onboard camera, sensor, computer or another device that is installed in the Vehicle that has one or more of the following functions:

(a) electronic tracking;

(b) immobilising;

(c) recoding;

(d) monitoring;

(e) viewing;

(f) any other function required by the Owner.

8.6. The Hirer is responsible for the vehicle and the hire will continue until the Owner makes final inspection of the vehicle. The Owner will use its reasonable endeavours to make final inspection as follows:

(a) if the vehicle is returned within the Owner’s hours of operation, then at the time of the return; and

(b) if the vehicle is returned outside the Owner’s hours of operation, then on the next business day after the return.

8.7 The Owner will use its reasonable endeavours to confirm the condition of the vehicle to the Hirer within 4 working hours of the final inspection if the Owner does not consider that the vehicle was retuned in the state of repair and condition required by the Agreement.

8.8 Following the return of the vehicle, the Owner will give the final invoice to the Owner, which will be payable within 7 days after the date of the invoice.

9. BREACH AND TERMINATION

9.1 The Owner may terminate this Agreement at any time if the Hirer beaches this Agreement in a material respect.

9.2 The Hirer may terminate this Agreement at any time for any reason, provided that it must pay all money due and payable under this Agreement up to and including the Ending Date and must return the Vehicle to the Owner in the state of condition and repair required under this Agreement.

9.3 If the Hirer is in default in the payment of any moneys owed to the Owner under this Agreement, the Hirer authorises the Owner to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on the Hirer. Personal information may be used and disclosed by the credit reporting body to the Owner and vice versa in accordance with the Privacy Act 1988 (Cth) to create or maintain a credit information file containing information about the Hirer, including defaults under this Agreement and the debt owed to the Owner.

10. JURISDICTION

10.1 This Agreement is governed by the laws of the State of in which the vehicle is hired.

11. PRIVACY POLICY

11.1 The Hirer authorises the Owner to collect and use any personal information provided by the Hirer in accordance with the Owner’s Privacy Policy.

12. VALID EXECUTION

12.1 Each of the following constitutes a valid and effective execution and delivery of this Agreement:

(a) exchange of executed copies of this Agreement by facsimile transmission (whether directly from one facsimile device to another by means of a dial-up connection or mediated by the worldwide web);

(b) exchange of executed copies of this Agreement by electronic mail in “portable document format” (“.pdf” format);

(c) execution of this Agreement by the parties providing their digital signatures to the Agreement;

(d) the parties typing their name and clicking on a button indicating that they have read, understood and agree to be bound by the terms and conditions of this Agreement;

(e) by any other electronic means intended to preserve the content of this Agreement, or

(f) by a combination of the above means.

12.2 The parties agree that this Agreement, as executed in accordance with clause 12.1, may be used in lieu of an original document for all purposes.

MANDATE AND AUTHORITY TO ACT

HIRER’S SPECIFIC ACKNOWLEDGMENTS

The Hirer specifically acknowledges and agrees that:

* this Agreement is not regulated by the Consumer Credit Code, being an exempt agreement;

* the Hirer has been deprived of the use of a vehicle as a result of an accident with another vehicle;

* the Hirer alleges on reasonable grounds that the accident was not the fault of the Hirer, other than as expressly disclosed to, and consented by, the Owner.

* The Hirer wishes to hire a replacement vehicle and Owner has agreed to hire to the Hirer a replacement vehicle on the terms set out in this Agreement.

TERMS OF MANDATE AND AUTHORITY TO ACT

1. In consideration of the payment of the Hire Costs, the Hirer requests, and Owner agrees, to hire the vehicle to the Hirer.

2. As at the date of this Agreement, the full Hire Costs are unknown and the hire period is estimated based on a number of variables, including a repairer’s estimate of the length of time that the Hirer’s own vehicle will be off the road. The Hirer accepts that the total amount of the Hire Charges may be different to any estimate when the actual hire period is known. The Hirer agrees to be liable for the total Hire Costs determined in accordance with this Agreement. All Hire Costs and the final balance due to the Owner will be specified in the Owner’ tax invoice. The Hire Charges are calculated for each full or a part of a 24-hour period of the vehicle hire under this Agreement.

3. The Hirer must pay interest on the final Hire Costs at the rate of 18% per annum calculated on monthly rests, which accrues from the next day after the due date specified in the Owner’s invoice.

4. The Owner agrees to hire the vehicle to the Hirer on credit for an agreed period (“Credit Period’), after which time the Hire Costs and associated fees, costs and disbursements in relation to the hire or the recovery of hire charges (collectively “Charges”) become due and payable without further demand. After the expiry of the Credit Period, Owner may recover by any means the Charges from the Hirer. This clause will not merge on completion or termination.

5. The Hirer must have a need for a replacement vehicle. The vehicle will only be available to the Hirer for the period of need (that is the period that the Hirer’s own or replacement vehicle is unavailable to the Hirer or the Hirer no longer has a need, whichever is the shorter period), after which time the hire period will be considered over, this Agreement will be deemed terminated, the Hirer will be obliged to immediately return the vehicle to Owner and to immediately pay the Charges.

6. The Owner and the Hirer agree that the vehicle has been provided because the Hirer’s own vehicle is unroadworthy due to a road traffic accident, which the Hirer alleges on reasonable grounds was the fault of a third party (“TP”), other than as expressly disclosed to, and consented by, the Owner.

7. The Hirer agrees to provide to the Owner all documentation required for the Owner to claim the Charges on the Hirer’s behalf, including the registration and insurance documents relating to the Hirer’s damaged vehicle, the Hirer’s driver’s licence and the driver’s licence of the person driving the Hirer’s vehicle at the time of the collision.

8. On receipt of notification that the repairs to the Hirer’s vehicle are complete or of a total loss settlement, the Hirer must immediately contact the Owner and return the vehicle. If the Hirer does not do so immediately, the Hirer may be liable for the Charges for any days after the repairs to the Hirer’s vehicle were completed or after the Hirer received notification of a total loss settlement or any other charges that the Owner is unable to recover from the TP, the TP’s insurer or the Hirer’s own insurance (whichever is applicable).

9. If the Hirer’s vehicle is a total loss, the Hirer agrees to provide the Owner with a copy of any settlement notice or letter immediately.

10. The Hirer agrees to notify the Owner if the Hirer’s damaged vehicle is moved from one location or repairer to another location or repairer.

11. The Hirer acknowledge that the Owner is an independent company and does not represent any insurer or repairer.

12. The Hirer acknowledge that the Owner does not organise or coordinate, nor is it liable or responsible for, the repair, storage, movement or disposal of the Hirer’s damaged vehicle. This is the sole responsibility of the owner of the damaged vehicle.

13. If the Hirer’s vehicle is registered for business use and or the Hirer are registered for GST and may claim an input tax credit for the GST component of the Charges, then the Hirer is liable for, and must pay, the GST component of the Charges to the Owner.

14. The Owner will use its reasonable endeavours (which does not include the requirement to commence of legal proceedings) to have the Charges paid by the TP, the TP’s insurer or the Hirer’s own insurance (if the Hirer is entitled to such payment) (whichever is applicable). Only if the Charges are paid to the Owner in full and provided that the Hirer has fully complied with its obligations under this Agreement, the Hirer will be released from liability for pay the Charges or any part of the Charges.

15. The Hirer irrevocably appoints Owner as the Hirer’s agent, representative and attorney to recover, by whatever means, including in the Owner’s absolute discretion, commencement and carrying on of legal proceedings in the name of the Hirer, the Charges or any part of the Charges from the TP, the TP’s insurer or the Hirer’s own insurance (whichever is applicable) and to receive any such amounts and to account for them in Owner’s absolute discretion (collectively “Recovery Process”). The Hirer acknowledges and agrees that Owner is entitled to appoint and give instructions on behalf of the Hirer to legal advisers and recovery agents in respect of the Recovery Process. The Hirer agrees to provide all reasonable assistance to the Owner, and render all cooperation required by the Owner, in respect of the Recovery Process. The Hirer acknowledges that this may require that the Hirer provides and signs all necessary statements and documents and appears in court as a witness. This clause will not merge on completion or termination.

16. The Hirer warrants to the Owner that the Hirer has not relied on any promise, representation, inducement or conduct in connection with any aspect of the hire, the Charges, the Recovery Process or otherwise in entering into this Agreement, other than as expressly set out in this Agreement. The Hirer acknowledges that the Owner has relied on this warranty. This is an essential term of this Agreement that does not merge on completion or termination.

17. The Hirer must not give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability to any person. Without limiting the Hirer’s obligations under this clause, the Hirer must not release or purport to release the TP, the TP’s insurer or the Hirer’s own insurance from any of the Hirer’s rights in respect to the accident or any Charges and other fees and payments due to Owner under this Agreement, including by signing a form of release or otherwise;

18. The Owner is entitled to terminate this Agreement immediately or at any time if, in the Owner’s opinion:

(a) the Hirer does not in the best interests of the Owner;

(b) the Hirer is in any way responsible for delaying or holding up the timely recovery of the Charges from the TP, the TP’s insurance or the Hirer’s own insurance (whichever is applicable), including any failure to provide necessary documents;

(c) the Hirer misleads the Owner in any way, including by failing to provide complete, accurate and up to date information and documents;

(d) the Hirer breaches any of the terms or conditions of this Agreement, including without limitation clause 17;

(e) The Hirer makes any admission of liability in respect to the accident; or

(f) the Owner considers, for whatever reason, that the Charges will not be fully recoverable from the TP, the TP’s insurer or the Hirer’s own insurance (whichever is applicable).

19. Notwithstanding any other term of this Agreement, if this Agreement is terminated for any reason, then the Charges will become immediately due and payable, by the Hirer to Owner.

DECLARATION AND AUTHORITY

The Hirer declares and authorises the Owner, whether by itself, its legal advisers or recovery agents appointed by it in its discretion to:

(a) act on the Hirer’s behalf in respect of the recovery of the Charges, and all other costs, legal fees and expenses (“Claim”), from the TP, the TP’s insurer or the Hirer’s own insurance (whichever is applicable);

(b) to obtain all documents, reports and other material that may be requested by the Owner or its legal advisers or recovery agents in respect of the Claim;

(c) to receive any payment to the Owner’s account or the Owner’s trust account (including by cheque or electronic funds transfer) in settlement or payment of the Claim, which, regardless of payee of such payment, can be utilised and applied to discharge any part of the Charges or any other outstanding amounts or accounts owed by the Hirer to the Owner or otherwise incurred by the Owner in respect to any action taken in connection with the Claim;

(d) to transfer any of the payments referred to in paragraph (c) above from the Owner’s trust account into the Owner’s account; and

(e) share the Hirer’s personal details with associated third parties with respect to the Recovery Process.