TERMS & CONDITIONS
VEHICLE DESCRIPTION AND TERM OF HIRE:
1. The Operator agrees to rent and the Hirer agrees to hire the Vehicle for the Term stated in the Rental Agreement, which in all circumstances shall be no longer than 51 weeks.
PERSONS WHO MAY DRIVE THE VEHICLE:
2. The Vehicle may only be driven by the Hirer and other Drivers as named in the Rental Agreement. All Drivers must hold a current driver’s license appropriate for the class of Vehicle being hired.
PAYMENTS BY THE HIRER:
3. The Hirer shall pay the Operator the monies stated in the Rental Agreement together with any additional Charges which may include but not be limited to; Vehicle operation outside the Radius, Fuel, Kms, Late Return, Toll Charges, Cleaning Fees, Damage to or repair of the Vehicle (subject to other Terms as setout herein), any Enforcement Charges relating to such damage or repairs (including legal costs), Traffic Fines or Infringement Fees (see clause 20 and 21) together with Administration Costs incurred by the Operator in relation to any additional Charges. The Hirer herein gives the Operator permission to deduct any such Charges to the hirer’s Credit Card during or after the Term is completed, or the Hirer may pay such Charges as agreed with the Operator, such choice to be at the Operator’s sole discretion.
4. The Hirer agrees to pay a Bond of $300 (or more) at the start of the hire, which will be refunded once the vehicle has been returned in the same condition it was hired in.
USE OF THE VEHICLE:
5. The Hirer shall not:
a. 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”);
b. sublet, sell, or hire the Vehicle to any other person;
c. allow the Vehicle to be used outside his/her authority;
d. operate the Vehicle or allow it to be operated in circumstances that constitute an offence against any of the Sections 56, 57 & 58 of the Act;
e. operate the Vehicle or allow it to be operated in any race, speed test, rally or contest;
f. operate the Vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
g. 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;
h. 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 licence appropriate for the vehicle;
i. drive or allow the Vehicle to be driven on any beach, driveway, or surface likely to cause damage to the Vehicle;
j. allow the Vehicle to be driven by any person who is not named in the Rental Agreement;
k. allow or permit the Vehicle to be used for any illegal purpose;
l. transport any animal inside the Vehicle without the express written permission from the Operator and subject to all necessary approvals, permits, licenses and government requirements. An additional cleaning charge will apply.
m. use the Vehicle to carry any flammable substance, which has a flash point of less than 23 Degrees Celsius, or any explosive or corrosive substances, without the express written permission of the Operator.
6. The Hirer shall ensure that:
a. all reasonable care is taken when driving and parking the Vehicle;
b. the water in the Vehicle’s radiator and battery are maintained at the proper level;
c. the oil in the Vehicle is maintained at the proper level;
d. the tyres are maintained at their proper pressure;
e. the Vehicle is locked and secure at all times when not in use;
f. the Hirer is responsible for any damage caused by driving on under inflated tyres. The Hirer is also responsible for punctures suffered during the Term and for secondary damage arising from any puncture;
g. the distance recorder or speedometer are not interfered with;
h. no part of the engine, transmission, braking, or suspension systems are interfered with;
i. should a warning light be illuminated or the Hirer believes the Vehicle requires mechanical attention, s/he stops driving and advises the Operator immediately.
7. The Operator shall supply the Vehicle in a safe and roadworthy 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.
9. The Hirer 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 shall contact the Operator as soon as practicable to advise of the need for repair or replacement and make any necessary arrangements.
RETURN OF VEHICLE:
11. The Hirer shall on or before the expiry of the Term, deliver the Vehicle to the Operator at its place of business as described in the Rental Agreement, or other such place as the parties may agree to unless the parties agree to an extended Term upon the Operators normal Terms and Conditions.
12. The Hirer is liable for:
a. any loss of, or damage to, the Vehicle and its accessories including windscreens;
b. any consequential damage, loss or cost incurred by the Operator, including salvage costs, loss of ability to re-hire and loss of revenue; and
c. any loss of, or damage to, Vehicles and property of third parties, arising during the Term.
The Hirer’s public liability is covered by the Operator’s insurance in clause 14 up to the value of $1,000,000.00 in respect of clause 12(a) (b) & (c) above.
13. The Hirer 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 rent the Vehicle.
14. If the Hirer elects to use the Operator’s insurance, all named Drivers are subject to Clause 17 and the Hirer’s liability as set out in the Rental Agreement. This clause does not apply if the Hirer rejects the Operator’s insurance.
15. The insurance premium is included in the Hire charge unless stated otherwise.
16. In the event of a claim, the Hirer’s Liability as stated in the Rental Agreement is payable by the Hirer.
17. The Hirer acknowledges that the cover referred to in Clause 14 will not apply at any time when:
a. the driver of the Vehicle is under the influence of alcohol or any drug;
b. 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 roadworthy condition of the Vehicle;
c. the Vehicle is driven in any race, speed test, rally or contest;
d. the Vehicle is driven by anyone not a party to the Rental Agreement;
e. the Vehicle is driven by an unlicensed person;
f. 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;
g. the driver commits a traffic offence while driving the Vehicle;
h. the Vehicle was being driven on any beach or unsealed road whatsoever.
i. the Vehicle was operated beyond the Term of this or any agreed extension.
18. It is agreed between the Hirer 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.
HIRER USES HIS/HER OWN INSURANCE:
19. If the Hirer elects to use his/her own insurance the Hirer accepts 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.
20. The Hirer is advised that section 9.5(1) of the Land Transport Rule: Operator Licensing 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 Term and:
a. 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
b. 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.
21. The Operator will send the Hirer a copy of any Infringement notices and Reminder notices as soon as practicable after receipt buy the Operator. The Hirer 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 reminder notice).
CANCELLATION OF RENTAL AGREEMENT:
22. The Operator may cancel the Rental Agreement if the Hirer fails to comply with any Terms of the Agreement or if the Vehicle is damaged and the Hirer must return the keys forthwith.
Cancellation of the Rental Agreement by the Operator shall not constitute a waiver of the Hirer’s responsibilities and Liabilities in respect of the Rental Agreement and will not prejudice any other legal rights of the Operator.
DEFAULT IN PAYMENT BY HIRER:
23. If any monies payable by the Hirer to the operator are not paid on the due date the Hirer shall pay interest on those monies at the rate of 11% per annum from the due date until actual payment. The Hirer shall also pay all the costs, including solicitor/clients costs, court costs and collection costs incurred by the Operator in enforcing its rights.
GOODS CARRIED IN VEHICLES
24. Northwest Rentals accepts no liability for damage done to any goods carried in or on our Vehicles.
INFORMATION HELD BY THE OPERATOR
25. The Hirer consents to the Operator holding copies of the Hirer’s Credit Card and Drivers License solely for the execution of its rights pursuant to the Rental Agreement.