TERMS AND CONDITIONS

This is an Agreement between the prospective hirer (you) and the Company identified above (the Company) to rent the motor vehicle described above including all accessories, tools, tyres and equipment and any replacement vehicle (the vehicle).

1. VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition and with the seal of the odometer unbroken. You agree to return the vehicle in the same condition ( except for Ordinary wear and tear NOT INCLUDING GLASS, WINDSCREEN OR TYRE DAMAGE) together with all tools, tyres, accessories and equipment to the location specified above and on the date there specified (or sooner,if determined by the Company). The company may take possession of the vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or of this agreement or if it is apparently abandoned. If the seal of the odometer is broken the persons responsible will be reported to the appropriate Authority and you are responsible for extra charges based on 500 kilometres per day at 50cents per kilometre.

Note: The Company must be notified and agree to any extension of the period of hire beyond that stated above on this agreement In advance of the return date and time or the vehicle will be immediately reported as stolen.

2. UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle
(a) A person who is not identified on this agreement or identified in writing to the Company or approved by the Company in writing.
(b) A person who is not licensed for that class of vehicle.
(c) A person whose blood alcohol concentration exceeds the Lawful percentage.
(d) A person who has given or for whom you have given a false. Name, age, address or drivers license details.
(e) A person whose drivers license has been cancelled, endorsed or suspended within the last three years
(f) A person who has held a driver's license for less than two Years.

Circumstances in which and / or for which the vehicle must not be used.
(g) Outside the area of use limitations shown below.
(h) On unsealed roads or off road conditions unless autho-rised by us in writing or on the face of this agreement.
(i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials unless authorised in writing by the Company.
(j) To propel or tow any vehicle, trailer, boat or other object unless the company has authorised such in writing.
(k) To carry any greater load and/or more persons than is lawful or use in a manner or for a purpose other than which it was designed and constructed.
(l) To carry any animal or pet in the vehicle unless authorised in writing or on the face of this agreement.
(m) For racing. pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
(n) In a dangerous manner.
(o) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose.

3. FINANCIAL OBLIGATIONS
Special Note: Joint hirers and all drivers are jointly and severally responsible under this agreement.

YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THIS AGREEMENT YOU AUTHORISE THE COMPANY TO DEBIT YOUR CREDIT CARD (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:
(a) All rental charges specified above
(b) All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company.
(c) All loss or damage to the motor vehicle (including loss of use) Third Party Damages, legal expenses, assessment fees, towing and recovery, storage and company service charges where:
(i) any condition of this agreement, and in particular Condition 2 ,or any special condition specified on this agreement has been breached.
(ii) the vehicle is involved in a single vehicle accident unless specified in the special conditions below
(iii) you have left the vehicle unlocked or left the keys in the vehicle.
(iv) you have not kept the key secure and under your personal control.
(v) the under body of the vehicle is damaged regardless of cause when no other vehicle is involved.
(vi) the vehicle is totally or partially immersed in water regardless of cause.
(vii) the interior of the vehicle is damaged regardless of cause when no other vehicle is involved.
(viii) the tyres are damaged other than by normal wear.
(ix) the vehicle is damaged by driving it under or into an object lower than the height of the vehicle.
(x) you have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware.
(xi) the vehicle is damaged by loading or unloading, other than normal wear.
(xii) your failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment.
(xiii) the vehicle is damaged when left by the Renter at a place agreed to by the owner at the expiration of this agreement until the owner takes physical possession of the vehicle at that place.
Special Note: If you have paid by use of a credit card or directed the company to bill charges to some other person, firm or organisation who or which fails to make payment when due, you will immediately pay the full amount to the company on demand.

4. DAMAGE COVER
If you act within the terms and conditions of this agreement the company will grant damage cover (including legal costs incurred with our consent) for your benefit in respect of damages to the vehicle or third party damage other than any property owned by you (or any friend, relative,associate or passenger) or in your physical or legal control.
This cover is subject to :
(a) Your payment (per incident) of the damage/loss liability charge stated on this agreement.
(b) Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement.
(c) Your not being covered under any policy of insurance
(d) Your providing such information and assistance as may be requested and, if necessary, authorising the company insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings.

5. GENERAL PROVISIONS
(a) You will promptly report any incident involving loss or damage to the vehicle or loss involving the vehicle while rented under this agreement to the company location where the vehicle was hired and will deliver to company immediately, every summons complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting all incidents to police or other proper authorities.
(b) You release and hold harmless the Company (and its agents and employees) from all claims for loss and damages to your personal property, or that of any other persons property left in the vehicle, or which is received, handled or stored by the company at any time before, during or after this rental period, whether due to the Company's negligence or otherwise.
(c) Except as provided by law no driver or passengers in the vehicle shall be deemed to be the agent, servant or employee in any manner for any purpose whatsoever.
(d) THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(e) No right of the Company under this agreement may be waived except in writing by an officer of the Company.
(f) Words used in this agreement to denote any gender shall include all genders, singular words include the plural.
(g) All loss and damage per incident and each incident leading to loss or damage is subject to damage liabilty charge per incident.

6. VEHICLE CLEANING /TRAFFIC INFRINGEMENTS
A cleaning fee will be charged for vehicles returned excessively dirty (minimum $35.00) Unpaid parking or traffic infringements incur $25.00 administration fee.

7. CHILD SEATS,CAPSULES are hirers total responsi-bility to ensure satisfactory and safe installation.

I HAVE READ AND UNDERSTOOD THIS PAGE AND ANY OTHER CONDITIONS ON THIS AGREEMENT.



SPECIAL CONDITIONS

DAMAGE LIABILITY
The hirer has a damage liability of $1850 per incident. Hirers 21 years of age and over may reduce their liability to $250 per incident by paying a damage liability reduction fee of $11 per day. This includes windscreen cover.

CONTRACT DOES NOT COVER:
(1) Any off-road damage.
(2) Any driver other than those nominated in writing.
(3) Any accident not reported to the police within the required time. (4) Any accident where the driver is charged by police with an alcohol-related offence. (5) Any accident or damage North of Exmouth, South of Esperance, and East of Kalgoorlie.

LIABILITY REDUCTION WAIVER DOES NOT COVER:
(3) Any accident or damage on any road not fully sealed.
(2)Any parking or other damage where full details are not available.
(1)Any accident or damage where no other vehicle is involved.

PERSONS UNDER THE AGE OF 21 AND OVER THE AGE OF 75 ARE NOT COVERED AND THEREFORE ARE NOT PERMITTED TO DRIVE OUR VEHICLE.

In the event of an accident please contact our office immediately.

There will be NO REFUND given for vehicles returned before the due date. Overdue vehicles are charged at $10.00 per hour or one day's hire, whichever is less.

The vehicle must be returned to the depot where it was collected no later than the date and time specified on this agreement.