These are the Client Terms and Conditions Rental Agreement made between Pilbara Car and Truck Rentals Pty Ltd ABN: 46 846 248 428 (referred to as “”) and the party whose details appear as Hirer on the Rental Agreement (referred to as the “Hirer”) whereby the parties agree as follows:
1. AGREEMENT TO HIRE: PCTR hires to the Hirer and the Hirer rents from PCTR the vehicle for the rental period at the agreed rental (as per application, Rental Agreement, or quotation) and subject to these terms and conditions. Particular conditions set out in a (accepted) quotation shall prevail to the extent of any inconsistency with these general conditions. Pick up or accepting delivery of the vehicle confirms acceptance of these terms and conditions of hire.
2. WARRANTY OF AUTHORITY: Any person who signs this agreement on behalf of the Hirer warrants that for all purposes of the Agreement he is the duly authorised agent of the Hirer. If such person is not the duly authorised agent of the Hirer then in consideration of PCTR permitting him to drive the vehicle he shall be deemed to the Hirer and agrees to be bound by all the terms and conditions of this agreement.
3. WARRANTY BY HIRER: The Hirer warrants that:
(A) All particulars provided on the Hirer’s application relating to the driver and Hirer are correct; and
(B) The Hirer acknowledges that it is upon reliance of the truth of the above representations and those on the application that PCTR enters into this agreement.
4. STANDARD OF VEHICLES: Vehicles supplied shall be in good working order and condition.
5. VEHICLE CONDITION: PCTR will provide a vehicle condition report for the Hirer to sign at time of hire.
6. AGREEMENT RATES: The rates in this agreement apply to company business rentals and are available only upon presentation of a company credit card or a Purchase Order to PCTR. A company credit from the Hirer or its subsidiary companies must be received prior to rental otherwise vehicles intended for hire will not be released. Short term hires (less than 30 days) will be debited to the card at the time of rental and final payment made on return of the vehicle. Long term hires (30 days plus) will be debited to the card every 30 days and a copy of the invoice will be sent to the Hirer as outlined on the Account Application form.
Rates herein may be modified after this twelve (12) month period only upon 30 days written notice to the Company by PCTR. Each of the parties agree to keep all information disclosed by the other party under this agreement or in relation to the hire of the vehicle(s) confidential and must not disclose any information to any third party without written consent of the discloser of the information – excepting disclosure required by law or to professional advisors. Rates herein are based on the vehicle being collected and delivered back to the same place of origin. An airport levy will apply (15%) in the event collection or drop off is required to a premium location. In the event you are required to deliver your vehicle back to any site other than the original collection office the company must advise PCTR prior to 24 working hours.
7. AFTER HOURS SERVICE: An after hour’s service is available. In the event you may require any after-hours mechanical assistance contact our after-hours number.
8. TERMINATION: Termination of rental is upon Hirer and/or its personnel being cognisant of adhering to the terms of this rental agreement. Failure of the Hirer and/or its personnel’s adherence to the terms of the rental agreements(s) then PCTR may at its discretion, terminate the individual rental agreement either in writing or verbally.
Should the vehicle be returned earlier than the agreed period of hire then penalties will apply. For example – hire a vehicle for a 12 month period and return after 3 months (but not limited to), the vehicle rate will refer back to the rate structure applicable to that hire term.
Specific Vehicle Requirements
In the event the Hirer request a specific vehicle to be purchased a fixed term contract will apply.
9. LICENSING: By law, Department of Transport Annual Vehicle Inspections are required on some vehicles. Should a vehicle be on hire when this due you will be given written notice of the inspection time and you will be required to attend inspection as per instructed by PCTR.
PCTR license each vehicle in accordance with the Government of Western Australia Department of Transport and therefore have a license and third party insurance policy on each vehicle in the fleet.
10. THE HIRE’S PRIMARY OBLIGATIONS ARE:
(A) To pay the agreed rental;
(B) To take proper care of the vehicle;
(C) To comply with the limitations placed on the use of the vehicle; and
(D) To restore the vehicle to PCTR at the end of the hiring in the same condition as noted in the Vehicle Condition Report at the commencement of the hire period.
FOR THE AVOIDANCE OF DOUBT:
(E) The hirer is responsible for returning the motor vehicle to PCTR, together with any fittings and equipment, (Collectively the “Vehicle”) at the end of the rental period. The vehicle must be returned in the condition it was in when first rented, subject only to fair wear and tear. Otherwise the Hirer will be on risk for all loss, cost, damage and other liability related to the hire of the vehicle as if the Hirer was the owner of the vehicle.
(F) The Hirer indemnifies PCTR for all losses, expenses and costs in respect of any damage to the vehicle whether caused by the Hirer or any other person or thing.
11. FEES & CHARGES GENERALLY: The parties agree the following general provision shall apply unless expressly amended by quotation or written agreement:
(A) Rental Day: The rental day is calculated from booking time on day of commencement of the rental and ceases at the same time on the following day.
(B) Rental Period: The Rental Period means the period from the booking time and date stated on the Rental Agreement until the vehicle is returned to the depot from where hired. The minimum rental period is 24 hours and where the vehicle is returned on a day on which PCTR is usually closed for business the Rental Period will continue until PTR is next open for business.
(C) Total Rent: The Hirer shall pay the total rent for the rental period to PCTR and for the purpose of this Agreements the total rent shall be the aggregate of:
(I) The charge for the use of the vehicle as set out on the rental agreement (whether a time and kilometre rate charge, a flat rate charge, or any other rate of charge) calculated by PCTR; OR if agreed between PCTR and the Hirer, at a rate set out in the quotation or PCTR’s schedule of rates then current at the commencement of the rental period
(II) Fuel service charges (these are additional) @ $3.40 per litre
(III) Charges for petrol (to top the tank back up starting level), personal accident insurance, repositioning, limitation of liability programs and any other charges specified in the Rental Agreement
(IV) All stamp duties, GST and other taxes payable in respect of the renal period (if any)
(V) Premium Locations: A levy will be charged for premium locations (this includes airport locations)
(D) Additional Charges (If Applicable)
(I) A sum equal to the replacement value of any tyres, tools, accessories and equipment lost or stolen during the rental period
(II) Additional $55 fee will apply for any fines from traffic or parking offences rising from the use of the vehicle imposed on any person or company during the Rental Period
(III) Any expenses incurred by PCTR in repossessing the vehicle including where the vehicle has been impounded or confiscated by the Police or other relevant authority pursuant to hoon laws for any other reason
(E) All rates, fees, costs, damages and charges will be calculated by PCTR.
(F) Administration Fee: PCTR reserves the right to charge an administration fee, in the event the vehicle is returned without prior repair of anymore than 30% of the amount of loss, cost and damage by the Hirer’s failure to comply with its obligations under this agreement. This fee will be charged where PCTR must process fines, recover vehicle which broken down, repair damaged vehicles or liaise with relevant authorities.
12. GENERAL RESTRICTIONS ON DRIVER: The parties agree and the Hirer undertakes that;
(A) No person shall drive the vehicle unless she/he:
(I) Holds a current drivers licence for he class of vehicle hired and which must be valid in the place in which the vehicle is used.
(B) The vehicle must not be driven by any person other than the Hirer of the Hirer’s properly authorise employee, agent, contractor or other representative.
(C) The vehicle and the keys must be kept secure at all times. The driver must not leave the vehicle unattended with the motor running or leave the keys unattended (e.g. in the ignition or on a tyre). NOTE: this has allowed theft, unauthorised driving and damage and PCTR will hold the Hirer liable for full compensation and damages.
13. HIRER’S UNDERTAKINGS AND RESTRICTIONS ON CARE FOR AND USE OF THE VEHICLE: The Hirer agrees and undertakes;
(A) To Take Reasonable Care: The Hirer must take reasonable care of the vehicle at all times and must not drive it when it is in a damaged or unsafe condition.
(B) To Maintain Fluids and Tyre Pressure: The Hirer must take care to maintain sufficient fluid levels (including radiator, engine sump etc.) and keep the tyres correctly inflated.
(C) Servicing: Servicing schedules will be booked and coordinated by PCTR in accordance with manufacturer’s recommendation and industry practice. PCTR will take full responsibility of servicing and maintenance works irrespective of carried out by PCTR staff or an outsourced service provider is seconded to carry out such works on behalf of PCTR.
Vehicles are to be returned to PCTR or delivered to an outsourced approved service provider for servicing and maintenance requirements. In the event vehicles cannot be returned to PCTR and you have authorisation to service on site, you must agree to complete the servicing sheets and return to our offices as instructed upon hire.
(D) Breakdown: In the event of a breakdown once notified PCTR will action immediately. In the event the breakdown is not contributed by client abuse PCTR will endeavour to make available a replacement vehicle.
(E) The vehicle must not be taken or used:
(I) On beaches, boat ramps, rivers, lakes or other places where the vehicle enters the water or could be immersed or partially or totally submerged in water;
(II) Outside of the state of Western Australia; or,
(III) In excluded areas
(F) Towing: The vehicle must not be used by the Hirer to propel or tow any vehicle or trailer in excess of that for which the vehicle was constructed.
(G) No Illegal Purpose: The vehicle must not be used in any illegal manner; for any illegal purpose; or in any speed test or contest (or in preparation therefore).
(H) Restrictions on the Transportation of Goods, Property or Passengers: The vehicle must not be used;
(I) To haul any goods unless specified in this Rental Agreement
(II) For the carriage of dangerous substances
(III) To convey any load which is in excess of that for which the vehicle was constructed or which is incorrectly or improperly loaded or secured; or
(IV) For the transportation of property unless the Hirer (at its cost) first obtains all necessary approvals, permits or licences from all relevant authorities
(I) Compliance with Laws: The Hirer covenants with PCTR that the Hirer will comply with all relevant laws relating to the operation of motor vehicles and without limiting the generality thereof will pay all taxes, tolls, levies, charges, duties, fines and penalties imposed arising out of the use or possession of the vehicle by the Hirer and indemnifies PCTR in respect of any alibility incurred by PCTR in respect thereof.
Consent may be requested: If the hirer thinks it may wish to use the vehicle for a purpose contrary to this Clause 13, the Hirer must first obtain PCTR’s written consent and may need to negotiate special rates, additional charges, and/or insurances.
14. LIABILITY FOR ACCIDENTS, LOSS AND/OR DAMAGE GENERALLY
(A) The Hirer agrees that they will return the vehicle in the same condition as it was hired.
(B) The Hirer agrees to apply any fines and towage charges or fees incurred where a vehicle is confiscated pursuant to hoon laws or other legislation.
15. ACCIDENTS, DAMAGE AND CLAIMS:
(A) Hirer must report incidents: The Hirer will immediately report any breakdown, accident during the rental period.
(B) Hirer must provide information: The Hirer will immediately complete and furnish to PCTR such statements, police report, information and assistance as PCTR may reasonably require in respect of any event or accident involving damage to the vehicle or to the property of any person or injury to any person.
(C) Assessment of Damage In The Event A Vehicle Is Returned Without Prior Repair;
(I) The Hirer acknowledges and agrees that he amount of any damage to the vehicle shall whenever reasonably possible be assessed by an independent expert (whom may be a repairer with a minimum of 5 years post qualification experience) engaged for the purpose by PCTR
(II) Whenever the services of such an expert are not available such assessments shall be made by any authorised representative of PCTR who shall certify the amount of such assessment
(III) The assessment of damage so made shall be final and binding on PCTR and on the Hirer in the absence of manifest error
(D) Loss, Cost and Damage for which the Hirer is liable includes without limitation: The cost of;
(I) Rectifying all tyre damage not attributable to normal wear and tear
(II) Rectification of all damage to any undercarriage damage such as bent or broken suspension & driveline components, including but not limited to steering arms, shock absorber springs, spring hangers, drive shafts, differentials and differential centres etc. under the carriage or to the over carriage
(III) Repairing all body or roof damage
(IV) Returning the vehicle to PCTR should the vehicle for any cause “due to Hirers negligence” break down or be damaged or need towing
(V) Rectification of damage to suspension, steering, chassis, deferential, gear box, transfer case, axles, wheels or other damage caused by abnormal use, misuse or abuse of the vehicle
(VI) Damage to any window glass will not be replaced free of charge (vii) Replacing spare wheels equipment, tools and jack
(VIII) Water contaminated wheel bearings, CV joints or brake linings, any repairs required due to driving at excessive speed for the conditions or other forms of abuse or neglect
(VIIII) The excess for damage if claimed under PCTR’s insurer will be 10,000AUD
16. PCTR MAY TERMINATE AGREEMENT FOR BREACH: If the Hirer is found to be in breach of any term condition or warranty herein or has made any misrepresentation to PCTR; or if PCTR considers on reasonable grounds that the conduct of the Hirer is likely to affect prejudicially the interest of PCTR or the condition of the vehicle then PCTR may determine this agreement and without notice repossess the vehicle whereupon all monies previously paid by the Hirer shall be forfeited to PCTR but without prejudice to any claims or rights of PCTR in respect of any arrears of rent of any monies due to PCTR.
17. NO WARRANTIES BY : All conditions and warranties (statutory or otherwise) including those of fitness for purpose, quality or description are negatived and excluded to the extent permissible by law.
(A) PCTR will supply a copy of the manufacturer’s specifications for a vehicle upon request.
(B) The Hirer will not at any time make any claims against PCTR for any loss or damage for delays through breakdown, mechanical difficulty or accident or by reason of the vehicle being found to be unsuitable for the purposes of the Hirer or with respect to any loss or damage to any property stolen from the vehicle or damaged or otherwise during the rental period or left in the vehicle after the return of the vehicle to PCTR. The Hirer hereby agrees to indemnify PCTR in respect of all claims, damages and actions brought against PCTR in respect thereof.
(C) PCTR is not responsible for any loss or damage incurred by the Hirer for Acts of God, civil unrest, terrorism or any other cause beyond PCTR’s reasonable control.
18. CREDIT, CHARGE OR DEBIT CARDS:
(A) PCTR will require a credit card and or Purchase Orders as security for the hire of the vehicle
(B) Similar to (a) above, if the Hirer presents a card it authorises PCTR to draw upon the card to an amount equal to the expected cost of the rental
(C) If PCTR charges the card to recover an indemnity or loss, cost or damage PCTR shall notify the Hirer or the amounts charged and provide details of PCTS’s claim. If the Hirer disputes any amount it must respond in writing within 21 days of receiving notice from PCTR
(D) The card may be charged within 60 days after the vehicle has been returned, notwithstanding that any particular charge of amount of damages could have been but was not charged when the vehicle was returned
(E) ALL ACCOUNTS TO BE PAID IN FULL 30 DAYS FROM INVOICE
(A) Distance: Where relevant, the total distance driven shall be measured by the odometer installed in the vehicle. The Hirer must not interfere with or tamper with the odometer.
(C) No Amendment: This agreement can only be amended by the express written consent of an authorised officer of PCTR (a manager).
(D) Read Down: If any provision of this agreement or part of a provision of this agreement is or becomes legally ineffective, under the general law or by force of legislation, but would not have such effect if it were read down and, if it is capable of being read down, such provision or part of a provision shall be read down accordingly.
(E) Severance: If notwithstanding the foregoing a provision or part of a provision of this agreement still is or becomes legally ineffective. If the provision would not have such an effect is a word or words were omitted, that word or those words are hereby severed; and, in any other case, the whole provision is hereby severed; and the remainder of this agreement shall be of full force and effect.
(F) In the event the damages claimed by PCTR pursuant to this agreement are deemed unlawful or an unreasonable penalty and struck out by a Court, then the damages payable to PCTR shall be such amount as required to put PCTR in the position it would have been in had the damage or incident not occurred.
20. DEFINITIONS AND INTERPRETATIONS: IN THIS AGREEMENT
“ACCIDENT” means any collision between the vehicle and any other object, including another vehicle, or any other incident or occurrence that results in the vehicle being damaged, lost or destroyed and/or an incident that result in damage or injury to a person or property.
Note that some special rules apply to SVA’s
“ACT OF GOD” or “FORCE MAJEURE” means an accident of a nature beyond reasonable human control e.g. flood, lightning, cyclone “Collision” means two navigable things coming into contact
“AGREEMENT” and “RENTAL AGREEMENT” includes these general conditions, the Risk Management Agreement and where relevant the applications to hire, an account application, credit application and/or an accepted quotation
“DANGEROUS SUBSTANCES” has its ordinary meaning and includes inflammable liquids, gases or solids having a true flash point of less than 23 degrees Celsius (73F) or any goods, materials or substances of an explosive or corrosive nature
“FAULT” means caused by or materially contributed to by:
(A) The Hirer’s misconduct, negligent act; and/or
(B) The person, company, corporation or government department shown on the rental agreement/application for hire or the addressee of that rental agreement; and
(C) Any person, company, corporation or government department which is or becomes vicariously liable at law to third parties for loss or damage caused by the driver of the vehicle where it is established that the hiring was made by the driver as agent for and on behalf of such person, company, corporation or government department.
“OFFENCE” includes infringement
FAIR WEAR & TEAR POLICY
This Wear and tear policy is a guide only and some items may not be listed and subject to further assessment
|Isolated scratches which can be buffed or polished out||YES|
|Major scratches which can be buffed out or polished||NO|
|Scratches deep enough to penetrate paint||NO|
|Dents smaller than 50 cent coin without paint penetration (Max of 3)||YES|
|Dents larger than a 50 cent coin||NO|
|Damage to paint from bird or bat droppings, fallout or other substances||NO|
|Damage caused by the attachment or removal of stickers or magnetic items||NO|
|Minor stone chips||YES|
|Prominent areas of major stone chipping||NO|
|Missing Tyres or wheels||NO|
|Prematurely worn tyres due to conditions or applications – (tyres 30,000 travelled since new)||NO|
|Damage sidewalls, puncture repairs, cut or chipped tyres||NO|
|Minor scratches to wheel rims||YES|
|Wheels requiring balance due to mud present||NO|
|Missing or damaged hub caps, wheel studs, wheel nuts or wheel nut indicators||NO|
|Minor dents and abrasions||YES|
|Water intrusion into any component ie wheel bearings||NO|
|Excessive mud build up requiring pressure cleaning to allow servicing or inspection||NO|
|Substantial stone damaged items||NO|
|Premature wear & failure of any components or seals resulting from mud ingress||NO|
|Premature failure of clutch||NO|
|Mud contamination to engine belts, pulleys, idlers, radiators, condensers||NO|
|Mud/Water contamination to steering racks, pumps, brakes, alternators, starter motors, CV joints||NO|
|Engine over heating due to foreign matter blocking cooling system||NO|
|Premature replacement of pollen filter due to dusty conditions||NO|
|Stone chips, bullseyes and stars||NO|
|Pitted or sand blasted||NO|
|Scuffing and light scratches||YES|
|Damaged or missing moulds, badges, decals, mudflaps, bumpers or grille||NO|
|Dents, cracks, distortions, bruising||NO|
|Missing or damaged snorkel||NO|
|Interior –Trims, Upholstery, floorings, seat covers, controls, hood-lining, seats|
|Screws holes from accessories without prior approval||NO|
|Burnt, cut holed ripped stained interior items||NO|
|Soiling to seats flooring caused by normal use||YES|
|Missing or damaged items||NO|
|Inoperable seat belts due to dust / water intrusion||NO|
|Dust intrusion to instrument cluster, cd player/radio, air conditioner vents||NO|
|Missing or damaged uhf radios, cd player. Radio, aerials, fire extinguishers, triangles, flags, wheel chocks||NO|
|Missing or damages tools, jacks, high mount light, racks, bars, spotlights||NO|
|Recharge of fire extinguishers||NO|
|BMA Annual renewals and inspections||YES|
|Any intermediate site required inspections, brake tests, BMA inspections||NO|
|Any damage above the top door and top of front and back windscreens||NO|
|Any damage as a result of reversing or towing||NO|
|Damage resulting from use in harsh, dusty, wet, abnormal conditions||NO|
|Missing vehicle service manual, operators, manual for any equipment||YES|
|Failure to service and maintain vehicle as per manufacturer and PCTRs recommendations, resulting in premature component or assembly failure||NO|
|Premature replacement of air filter element due to dusty conditions||NO|
|Damage to fuel systems as a result of biodiesel, contaminated or incorrect fuel||NO|