Vehicle Hire Agreement

1.13 'Authorised Driver' means:

• an additional driver who signs the Additional Drivers Form or Rental Document;
• Your spouse; or
• Your employer or a fellow employee, if either is engaged in activities that are incidental to Your business duties;
• added to Your rental agreement as an additional Authorised Driver.

3.1 You agree and acknowledge that:

• Only you or an Authorised Driver will drive the Vehicle; and
• You and any Authorised Driver must hold a current Australian license (not being a learner's license or provisional license) to drive the Vehicle and have been licensed to drive vehicles of the same category as the Vehicle for at least 12 consecutive months.

4.1 You and any Authorised Driver must:

• maintain all of the Vehicle's engine oils and engine coolant levels to the Manufacturer's Specifications, provided that JAINDE PTY LTD has provided the Vehicle to You with engine oils and engine coolant at levels that reflect the Manufacturer's Specifications;
• fill the Vehicle with only the fuel type specified in the Manufacturer's Specifications;
• keep the Vehicle locked when it is unattended and the keys under Your or the Authorised Driver's personal control at all times;
• Comply with all applicable seat belt and child restraint laws;
• tyres are maintained at the manufacturer's specification pressure;
• the vehicle must only be used on a road that is properly formed and constructed as sealed, metaled or graded gravel roads;
• Nominate the person responsible in 7 days in the event that the client breaches any laws resulting in toll payments, parking or traffic infringements.

5.1 You must:

• not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
• not, without JAINDE PTY LTD's prior written consent, use, or allow the Vehicle to be used, to push anything;
• not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
• not be under the influence of alcohol, or drugs or have a blood alcohol content that exceeds the limit in the State or Territory in which the vehicle is driven;
• not, without JAINDE PTY LTD's prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
• not use the Vehicle when it is damaged or unsafe;
• provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained JAINDE PTY LTD's approval to do so;
• not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licenses, and government requirements (to be obtained at Your cost) and in accordance with the Manufacturer's Specifications and JAINDE PTY LTD's recommendations;
• not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;
• not, without JAINDE PTY LTD's prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances;
• not use the Vehicle for the conveyance or towing of any load unless You have JAINDE PTY LTD's prior written consent, the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured, fitted with a tow bar, and the conveyance or towing is undertaken in accordance with the Manufacturer's Specifications and JAINDE PTY LTD recommendations;
• not use the Vehicle in contravention of any law;
• not have repairs to the Vehicle carried out unless JAINDE PTY LTD authorizes you to do so. JAINDE PTY LTD requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt to assist JAINDE PTY LTD. JAINDE PTY LTD will reimburse you for any repairs to the Vehicle authorized by it, provided that the cost of those repairs is verified. To the extent that JAINDE PTY LTD cannot verify the cost of repairs, JAINDE PTY LTD will not reimburse you.

6.1 You shall be liable:

• for the loss of, and all damage to, the Vehicle during the Rental Period;
• for all damage to the property of any person which is caused or contributed to by you or any person you allow to drive the Vehicle or which arises from the use of the Vehicle by You or any person you allow to drive the Vehicle;
• for the excess Amount for any incident involving damage (including hail damage) to, or loss of, the Vehicle or damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver;
• for any Overhead Damage or Underbody Damage (including, without limitation, damage which occurs if You drive the Vehicle into a bridge, a tunnel, a tree or the roof or boom gate of a car park; or damage to the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poor quality roads at excessive speeds);
• for the water damage to the Vehicle caused by total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs if You drive the Vehicle through floods, creeks or rivers);
• for the damage to the Vehicle or to the property of any third party caused by a breach of clause 5.1;
• for the damage to tyres or an Accessory not attributable to normal wear and tear;
• for the damage to the interior of the vehicle regardless of the cause when no other vehicle is involved;
• for the damage to the vehicle while loading or unloading other than the normal wear and tear;
• for the damage to the Vehicle or to the property of any third party caused deliberately or recklessly by You, any other driver of the vehicle or any passenger carried during the Rental Period;
• for the cost of replacing, if lost or stolen, an Accessory; and
• for the cost of any professional cleaning or odour extraction reasonably incurred by JAINDE PTY LTD because You or another person has been smoking in the Vehicle during the Rental Period in breach of clause 5.1;
• for a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or smoke extraction in clause 5.1;
• if you have breached the JAINDE PTY LTD Rental Agreement, a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime), provided that your breach of the Rental Agreement has caused the downtime of the Vehicle;
• for all toll payments, parking or traffic infringements and will supply relevant details as required by the police or JAINDE PTY LTD relating to any such parking or traffic infringement and offenses, impoundment, towage and storage during the rental period;
• for any charges that occur (as per vehicle rental agreement) to refuel the vehicle if not returned in full tank and the costs of refueling shall be in addition to the rental charges and that shall be immediately due and payable by you.

6.2 In the event of an unintended collision between the Vehicle and any other object, including another vehicle, during the Rental Period that results in damage to the vehicle or to the property of any third party, JAINDE PTY LTD will ensure that You are entitled to be indemnified under the JAINDE PTY LTD Insurance Policy, and We will refund You any excess Amount You paid:

JAINDE PTY LTD, provided that, acting reasonably, JAINDE PTY LTD agrees that You or an Authorised Driver were not at fault and:

• You and any Authorised Driver hold a current driver's license;
• You have provided JAINDE PTY LTD with details of the incident that JAINDE PTY LTD reasonably requests including:
  • the name, residential address, contact phone and license number of any person involved;
  • the registration numbers of all vehicles involved;
  • an accurate description of the incident and location; and
  • the names of any attending police officers and the stations at which they are based; and
  • You have supplied or JAINDE PTY LTD has established the name of the insurer of any third party you believe was at fault and JAINDE PTY LTD reasonably believes that the insurer will pay JAINDE PTY LTD for the loss or damage.
• JAINDE PTY LTD may debit Your Account with the Excess Amount at the time of loss of, or damage to, the Vehicle, however when JAINDE PTY LTD reasonably believes that the insurer of a third party will pay JAINDE PTY LTD for the loss or damage, JAINDE PTY LTD will, within a reasonable period of time, refund You the Excess Amount You paid.

7.1 We use your personal information to:

• provide the services that you request;
• do all things necessary to administer those services;
• research, develop, manage, protect and improve our services and vehicles;
• communicate with you regarding your vehicle, safety, arrangements with us and other matters;
• investigate, prevent and deal with fraud, unlawful activity and breaches of our agreement with you;
• conduct customer satisfaction surveys and inform you of improvements to our services; and
• maintain and develop our software and other business systems.

8.1 We may disclose your personal information to third parties for:

• credit card providers;
• credit reporting agencies (see 'Payment default' below) and fraud-checking agencies;
• debt collection agencies, if you default in payment of amounts owed to us;
• councils, government and private organizations responsible for the processing of traffic-related infringements or the payment of road and traffic tolls;
• in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;
• driver licensing authorities; and
• government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.

10.2 You must return the Vehicle:

• to the place, on the date and by the time shown on the Rental Document unless you have informed JAINDE PTY LTD of a change prior to the return date and JAINDE PTY LTD has agreed to the changes;
• in the same condition (as per the vehicle condition report overleaf) as it was at the commencement of the Rental Period, fair wear and tear excepted.

10.4 JAINDE PTY LTD may request the immediate return of the Vehicle, or JAINDE PTY LTD may recover the vehicle without notice, if:

• the credit limit on your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a 'one-way fee' becomes payable by You;
• the Rental Period expires without satisfactory arrangements having been made by You with JAINDE PTY LTD; or
• JAINDE PTY LTD reasonably suspects that the vehicle may be used for an unlawful purpose, damage to the vehicle or injury to persons or property is likely to occur, or the Vehicle will be involved in an industrial dispute.

10.5 If you do not return the Vehicle on the date and by the time shown on the Rental Document (or any extended date or time agreed with JAINDE PTY LTD) then:

• After written notice to You and if the location of the Vehicle is unknown, JAINDE PTY LTD may report the Vehicle as stolen to the Police; and
• You must pay JAINDE PTY LTD all Rental Charges (including additional Rental Charges) and compensate JAINDE PTY LTD in accordance for any loss JAINDE PTY LTD suffers (including all reasonably additional costs JAINDE PTY LTD incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by JAINDE PTY LTD.

11.1You shall not be covered by JAINDE PTY LTD's insurance if:

• You or any authorised driver drive the vehicle under the influence of alcohol or any drugs;
• You or any authorised driver drive the vehicle in an unsafe or unroadworthy condition;
• You or any authorised driver operate the vehicle in any race, speed test or contest or on any closed roads or non-public roads;
• You or any authorised driver drive the vehicle if any of your licenses is expired, suspended or canceled;
• You or any authorised driver operate the vehicle outside the terms and conditions of JAINDE PTY LTD's rental agreement;
• You or any authorised driver drive the vehicle outside the kilometers radius of 250kms from JAINDE PTY LTD's address.

12.1 At the end of the Rental Period, You must pay JAINDE PTY LTD:

• all Rental Charges;
• an excess kilometer charge if you exceed the free kilometers allowance as specified on the front page of the Rental Document/Agreement. We will use the vehicle's odometer to calculate the number of excess kilometers applicable and any other applicable charges;
• any amount paid or payable by JAINDE PTY LTD or You to any person arising out of Your use of the Vehicle or imposed on You or JAINDE PTY LTD (RENTALS) by any government or other competent authority;
• the replacement cost (as reasonably determined by JAINDE LOGISTICS (RENTALS)) for a lost or stolen Accessory; and
• any amount which you reasonably owe to JAINDE PTY LTD under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. JAINDE PTY LTD will provide details to you of any amount payable under this clause 12.1.

12.4 If you fail to pay any amount due under or in connection with the Rental Agreement within 14 days of the date by which you were required to pay the amount, you must also pay JAINDE PTY LTD:

• interest at 10% per annum (compounded daily) on the amount from the expiry of 14 days from the date on which You were required to pay the amount to the date of payment; and
• On and as demanded, JAINDE PTY LTD's Collection Costs including interest on JAINDE PTY LTD's Collection Costs calculated in accordance with clause 12.4(a) from the date of demand.

13.1 JAINDE PTY LTD will:

• Keep your personal details including credit card details for only as long as is deemed necessary by JAINDE PTY LTD;
• Not disclose your credit card details to any third party other than for rental payments.

13.2 You shall be liable for:

• For all rental charges;
• All charges claimed from JAINDE PTY LTD in respect for any parking or any other traffic violations during the rental periods and until the return of the vehicle to JAINDE PTY LTD;
• All loss or damage to the vehicle, third party, damage, legal expenses, assessments fees, towing and recovery, storage and JAINDE LOGISTICS (RENTALS) services charges under clause 6.1.

15.1 JAINDE PTY LTD is not liable to any person for any loss of, or damage to any property:

• left in the Vehicle after its return to JAINDE PTY LTD; or
• Stolen from the Vehicle or otherwise lost during the rental.

17.2 The complainant must inform the respondent in writing of the following:

• The nature of the dispute;
• The outcome the complainant desires; and
• The action the complainant believes will settle the dispute.

19.1A notice or other communication to a party must be in writing and delivered to that party or that party's attorney in one of the following ways:

• delivered personally; or
• posted to their address when it will be treated as having been received on the second business day after posting; or
• Sent by email to their email address, when it will be treated as received when it enters the recipient's information system.