 Agreement Terms & Conditions
An agreement made between the Owner and the Hirer whose particulars are entered overleaf. It is agreed as follows:
VEHICLE DESCRIPTION
1. The owner will let and the hirer will take on hire the vehicle as detailed on page 1.
DURATION OF HIRE
2. The term of hire shall be for the period as detailed on page 1.
PERSONS WHO MAY DRIVE VEHICLE
3. The vehicle may be driven during the period of hire only by the persons described on page 1 and only if each such person holds a current driver's licence appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY HIRER
4 The hirer shall pay to the owner as payment for the hire of the vehicle the hire charge calculated at the rate and for the period of hire detailed on page 1. The minimum rental charge is 24 hours. Each hour thereafter is charged at one-fifth (1/5) of the daily rate, up to five hours, which shall constitute a full day's charge. Each half hour is rounded to the nearest hour. Prior to the hirer taking possession of the vehicle the hirer shall pay to the relevant authority all road user charges (where applicable) for the use of the vehicle.
5. In addition to the payment referred to in clause 4 the hirer shall pay to the owner the sum specified for the insurance cover referred to in clause 10 and detailed on page 1.
6. In addition to the payment referred to in clause 4 the hirer shall pay to the owner on termination of the hiring a distance charge at the rate detailed on page 1.
7. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
HIRER'S OBLIGATIONS
8. The hirer shall ensure that:
(a) The water in the radiator and battery of the vehicle is maintained at the proper level;
(b) The oil in the vehicle is maintained at the proper level;
(c) The tyres are maintained at their proper pressure.
9. (a) The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
(b) If the hirer is a company, this agreement must be signed by at lease one director, or authorised person, of the hirer who, by signing on behalf of the hirer, personally warrants that he or she has the hirer's authority to so sign.
INSURANCE
10. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are fully indemnified in respect of any liability the hirer might have to the owner in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $250,000 in respect of any liability the hirer might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle.
EXCLUSIONS
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle;
(b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
(c) The vehicle is operated in any race, speed test, rally, or contest;
(d) The hirer is not a body corporate or department of State and the vehicle is driven by any person not named in clause 3 as detailed on page 1;
(e) The vehicle is driven by any person who at the time when the hirer drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle;
(f) The vehicle is wilfully or recklessly damaged by the hirer or any other person named in clause 3 as detailed overleaf or driving the vehicle under the authority of the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person;
(g) The vehicle is operated on any of the following roads; Ball Hut, Mt. Cook; Skippers Canyon Rd, Queenstown; Ninety Mile Beach, Northland; all road north of Colville on the Coromandel Peninsula; the Tapu to Coroglen Road (all parts east of Rapaura Water Gardens); the 309 Road from Coromandel to Kaimarama, the Blackjack Road from Kuaotuna and opito, or any unformed road including any beach.
(h) The vehicle is operated outside the term of the hire or any agreed extension of that term.
It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.
REJECTION OF INSURANCE
11. See page 1.
OWNER'S OBLIGATIONS
12. The owner shall supply the vehicle in a safe and roadworthy condition.
13. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer.
NOTE: By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.
MECHANICAL REPAIRS AND ACCIDENTS
14. Roadside assistance is available for all mechanical problems that relate to the vehicle specified in the rental agreement. A call out fee for non-mechanical problems caused by the driver or passengers of the vehicle may be charged to the hirer at the discretion of ORIX Rent a Car.
15. If the vehicle is damaged or requires repair or salvage, whether because of any accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone as soon as practicable.
16. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property. Failure to authorise these expenses may result in the hirer being held liable for the costs.
17. The hirer 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.
USE OF THE VEHICLE
18. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part 4A of the Land Transport Act 1998.
19. The hirer shall not:
(a) Sublet or hire the vehicle to any other person;
(b) Permit the vehicle to be operated outside the hirer's authority;
(c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against Section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug);
(d) Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest;
(e) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the land Transport (Road User) Rule 2004, or any other Act, regulations, or bylaws to road traffic;
(f) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;
(g) Drive or permit the vehicle to be driven by any person if at the time of driving the vehicle, the hirer or other person is not the holder of current driver's licence appropriate for the vehicle.
The hirer shall be responsible for payment of all fines and penalties incurred as a result of breach of the provisions of this clause 18.
RETURN OF THE VEHICLE
20. The hirer shall, at or before the expiry of the term of the hire, deliver the vehicle to the owner's place of business or the owner's agent's place of business as detailed on page 1 or obtain the owner's consent to the continuation of the hire.
On the return of the vehicle the hirer shall ensure that all road user charges (where applicable) due in respect of the use of the vehicle are paid up and the hirer authorises the owner to include any unpaid charges in the hire charges.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
21. The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.
COSTS
22. The hirer will also pay all other costs, expenses and outgoings , including commission charged by Collection Agencies and including Legal Costs and Disbursements on a Solicitor and own client basis incurred by ORIX in relation to the collection of payments due in terms of this rental agreement.
DEFAULT INTEREST
23. Default interest is payable on any amounts that are unpaid as at the due date of payment as specified on the invoice. Default interest rate is 6% above the base rate as charged by ORIX's bankers from time to time.
THE OWNER MUST GIVE YOU AT LEASE ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE MINISTRY OF TRANSPORT.
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