Agreement to Hire / Lease Vehicle
AGREEMENT TO HIRE / LEASE VEHICLE
This document is an agreement made between the rental service operator ("the operator) and the hirer whose particulars are recorded in this agreement ("the hirer / lessee).
It is hereby agreed as follows.-
Vehicle description and term of hire / lease
1. The operator will let and the hirer / lessee will take the motor vehicle, details of which are set out on page 1 of this agreement ("the vehicle"), for the term of hire as described in this agreement.
2. Persons who may drive the vehicle
The vehicle may be driven during the term of hire / lease only by the persons named or described in this agreement and only if each person holds a current full driver's license appropriate for the class of vehicle in this agreement. The license details are recorded in the agreement alongside each person's name and address.
Payments by hirer / lessee
3. The hirer / lessee shall pay the operator for the hire of the vehicle the sum or sums specified in this agreement.
4. In addition to the payment specified in clause 3 above, the hirer / lessee acknowledges that.
- s/he shall be liable at the end of the hire / lease period to pay the operator any applicable additional charges payable at the end of the term. These include charges for additional distance driven, fuel, RUC, late return, damage to or repair of the vehicle (subject to the other terms of this agreement), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement tees (see clauses 19 and 20) and the administration costs relating to these fines and fees, and toll charges. The operator will deduct such charges from the hirer's / lessee credit card during or after the term of hire is competed, or the hirer / lessee may pay such charges as agreed with the operator, such choice to be at the operator's sole discretion. In the event this account is not met within our Trading Terms we reserve the right to add all costs of collection to this account pursuant to the Fair Trading Act 1986.
Use of the vehicle
5. The hirer / lessee shall not:
use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the operator's knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 ("the Act");
sublet or hire the vehicle to any other person;
allow the vehicle to be used outside his/her authority;
operate the vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 and 58 of the Act;
operate the vehicle or allow it to be operated in any race, speed test, rally or contest;
operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or RUC certificate, whichever is the lesser for the vehicle;
drive or allow the vehicle to be driven by any other person if at the time of driving the vehicle the driver does not hold a current driver's license appropriate for the vehicle;
drive or allow the vehicle to be driven on any roads excluded in clause 16(h) of this agreement, or on any beach, driveway, or surface likely damage the vehicle; or
allow the vehicle to be driven by any person who is not named or described in this agreement as a person permitted to drive the vehicle.
The hirer / lessee cannot deal with the asset e.g sell or create a security of interest in the vehicle.
A PPSR will be registered over the asset against the hirer/ lessee for the period of their hire
6. The hirer / lessee shall ensure that:
all reasonable care is taken when driving and parking the vehicle;
the water in the vehicle's radiator and battery are maintained at the proper level;
the oil in the vehicle is maintained at 'the proper level;
the tyres are maintained at their proper pressure;
the vehicle is locked and secure at all times when it is not in use;
the distance recorder or speedometer are not interfered with;
no part of the engine, transmission, braking or suspension systems are interfered.
should a warning light be illuminated or the hirer believe the vehicle requires
mechanical attention, s/he must stop driving and advise the operator immediately.
7. The operator shall supply the vehicle in a safe and road worthy condition, up to current Certificate of Fitness standards.
Mechanical repairs and accidents
8. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the operator of the full circumstances immediately. Vehicles are covered by 24hr AA roadside assist
9. The hirer / Lessee shall not arrange or undertake any repairs or salvage without the operator's authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
10. If the vehicle requires repair or replacement the hirer / lessee shall advise the owner of the full circumstances bv telephone as soon as possible. The Hirer / lessee shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
11. Return of The Vehicle the hirer / lessee shall:
At or before the expiry of the term of hire / lessee, deliver the vehicle to the operator or to the operator's agent's place of business as shown on the front of this agreement, or obtain the operator's consent to the continuation of the hire / lease (in which case the hirer/ lessee shall pay additional hire charges for the extended term of hire / lease). If the hirer / lessee does not comply with this clause 11, the hirer / lessee shall be liable for charges for the late return of the vehicle.
All vehicles must be returned full of fuel.
The hirer / lessee shall return the vehicle in the same clean and tidy condition at the expiry of the term of hire / lessee or a surcharge for cleaning may be imposed upon the hirer / lessee for such cleaning. No refund can be made until a vehicle has been cleaned and inspected for any damage. BROKEN/ DAMAGED WINDSCREENS ARE THE HIRES/LEASEE RESPONSIBILITY. ALL CARS & VANS ARE COVERED BY AA ROADSIDE ASSIST ( PH 0800734543)
12. The hirer / lessee is liable for:
any loss of, or damage to, the vehicle and its accessories;
any consequential damage, loss or costs incurred by the operator, including salvage costs, loss of ability to re-hire and loss of revenue; and
any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
The hirer's/ lessee liability is covered by the operator's insurance in clause 14 up to the value of $2500.00 in respect of paragraphs (a), (b), and (c).
13. The hirer / lessee is advised that motor vehicle insurance must be offered. by the operator, but the hirer can make his/her own insurance arrangements, provided they are approved by the operator. If the operator is not satisfied that the hirer's insurance is
comparable to the operator's, the operator may decline to hire the vehicle.
14. If the hirer / lessee elects to use the operator's insurance, any driver named in this agreement as a person permitted to drive the vehicle is, subject to clause 16 and the excess payable by the hirer as set out in clause 15, covered against the losses set out in clause 12. This clause does not apply if the hirer rejects the operator's insurance.
15. The excess payable by the hirer is up to $2500.00 in the case of damage to, or accidents involving, the vehicle. On payment of liability reduction insurance by the hirer, the excess payable by the hirer can be reduced for a fee for all vehicles except trucks which have separate excess.
The hirer /lessee agrees to pay a bond of $2500.00 at the start of the hire which will be refunded once the vehicle has been returned in the same condition it was hired in or leave full credit card details to cover the excess in cash or eftpos if a credit card with available credit value of $2500. 00 cannot be provided.
16. The hirer / lessee acknowledges that the cover referred to in clause 14 will not apply at any time when:
the driver of the vehicle is under the influence of alcohol or any drug;
the vehicle is in an unsafe or unroadworthy condition, such condition arising during
the course of the hire, that caused or contributed to the damage or loss, and the
hirer or driver was aware or should have been aware of the unsafe or unroadworthy
condition of the vehicle;
the vehicle is driven in any race, speed test, rally or contest;
the vehicle is driven by anyone not named or described in this agreement as a
person permitted to drive the vehicle;
the vehicle is driven by an unlicensed person;
the vehicle is willfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer's authority or control;
the driver commits a traffic offence while driving the vehicle;
the vehicle was being driven on any of these roads;
Any private road or unsealed road
90 Mile Beach (Northland) or any beach in New Zealand
Coast Road to Russell (Northland)
Skippers Road (Queenstown)
Any mountain road or access road to any Skifields in New Zealand, particularly
Remarkables Ski Area in Queenstown; or
the vehicle was operated beyond the term of this agreement or any agreed
extension if the term.
17. It is agreed between the hirer / lessee and the operator that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if clauses 13 to 17 constitute a contract of insurance.
18. Hirer uses his her own insurance
If the hirer elects to use his/her own insurance s/he accept all liability for all losses,
costs and damages set out in clause 12(a) to (c), and agrees that clause 14 does
not apply to such losses, costs and damages.
19. The hirer / lessee is advised that Section 9.5(1) of the Land Transport (Operator Licensing) Rule 2007 permits the operator to debit the hirer's credit card for any infringement fee for an offence where the offence was committed during the period of hire / lease and:
was a speeding offence, a toll offence or an offence in respect of failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment; or
an offence for parking in any portion of a road in breach of any bylaw or a road controlling authority or an offence against Part 6 of the Land Transport (Road User) Rule 2004.
The operator may also charge an administration fee of $45.00 in addition to the infringement fee.
20. The operator will send the hirer / lessee a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the operator. The hirer / lessee has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority, and seek a court hearing (within 56 days from the
date of issue of the infringement notice or 28 days from the date of issue of the
Cancellation of Hire / lease Agreement
21. The rental / lease service operator or the hirer / lessor may cancel the hire / lease agreement if: the hirer / lessee fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring / lease under the authority of this clause shall be without prejudice to the other rights of the Owner and right of the hirer under this agreement or otherwise.
NOTE- THE OPERATOR MUST GIVE THE HIRER / LESSEE AT LEAST ONE COPY OF THIS AGREEMENT WHICH MUST BE KEPT IN THE VEHICLE THROUGOUT THE TERM OF THE HIRE/ LEASE AND PRODUCED ON DEMAND TO AN ENFORCEMENT OFFICER.
Hirer's Transport Service License No 0217305.
(Note: If the vehicle is being used for a transport service, the Transport Service License must be displayed on the vehicle at all times. A transport service is a goods service, a passenger service or a vehicle recovery service. Examples of a transport service
include: the operation of a truck with a GMV of 6000 kilograms or more, or the operation of a motor vehicle that is carrying passengers for hire or reward. Please ensure that the Transport Service License Number is written onto each copy of the rental agreement if so required. TYRES & PUNCTURES ARE HIRER/ LEASEE RESPONSIBILITY.
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