Terms & Conditions of Agreement

1. In this agreement the following expressions shall have the following meaning
   1. “Owner” means Australian Transit Group Pty Ltd, its subsidiaries or agents;
   2. “Renter” includes any person or persons who sign this Agreement and any person whose agent signs this agreement,
   3. “Vehicle” means the vehicle or vehicles described on the face hereof or any other replacement vehicle provided to the Renter by the Owner
   4. “Damage to the vehicle” includes loss or damage to the vehicle, its tyres, tools, accessories and any costs incurred by the Owner in connections with the loss or damage

   Words importing the masculine gender shall include other genders and words importing the Singular shall include the Plural, References to persons shall include Corporations.

2. The Renter warrants that;
   1. He is over the age of 21 years, holds a current motor vehicle driver’s license valid in the place of rental for the class of vehicle rented.  If where a trailer is towed, such trailers unladen registered weight exceeds 750kg then the driver must be the holder of a current Western Australian articulated or heavy combination license or equivalent.
   2. All the particulars shown on the face hereof are correct and acknowledges that the Owner relies on the truth of these representations

3. The vehicle shall not be used
   1. For any illegal purposes,
   2. For the carriage of passengers for hire or reward,
   3. To propel or tow any other vehicles (except authorised trailers),
   4. For racing, pacemaking, reliability trial, speed testing or driving tuition,
   5. To carry a greater number of passengers and/or larger load than the maximum load stated on the registration certificate,
   6. In violation of the provisions of any act, order or regulation affecting the use of the vehicle,
   7. Off-road or any other area which is not hard surfaced and regularly maintained.

4. The vehicle shall not be operated or driven by persons;
   1. Who has given a fictitious or false name, age or address,
   2. Other than the customer or any other person approved by the owner who has also signed the rental agreement,
   3. Who has in the preceding period of 3 years been convicted of any motoring offence or involved in any accident unless details have been disclosed to the owner,
   4. Who has ever been convicted of driving whilst under the influence of alcohol or drugs, manslaughter or causing death of any person by dangerous driving,
   5. Who is under the influence of any alcohol or drug with a blood alcohol level as indicated by analysis of the driver’s breath or blood in excess of that permitted by the law applicable to the area in which the vehicle is being driven.

5. The renter agrees
   1. The vehicle is the property of the owner and is in good mechanical condition,
   2. 1. (i) To return the vehicle and to pay the owner on demand all rental, sundry charges and other moneys due pursuant this agreement,

   (ii) If payment is invoiced to a person other than the renter and that person fails to make payment, the renter, shall on demand by the owner, promptly make payment,

   (iii) That in calculating the distance charge, the kilometres driven shall be measured by the odometer installed in the vehicle,

   3. To report immediately to the owner any damage to the vehicle, any accident involving the vehicle and in any event 24 hours after the damage or accident. Renter must make no admission of liability and must obtain witnesses’ names if possible.  Renter must immediately deliver to the depot from which the vehicle is rented every summons, writ, pleaded paper of any kind related to any and all claims, suits and proceedings received by the renter.  Renter is to comply with all requests of the owner in any litigation or investigation related to such damage or accident
   4. To drive and maintain the vehicle in a cautious and prudent manner,
   5. To pay all fines for traffic or other offences committed by the renter and to pay all tolls, levies and other charges imposed by any law or government body and reimburse the owner for any fines paid or costs incurred by the owner in any way connected with the renters use of the vehicle.
   6. To reimburse the owner any costs incurred relating to a breach of the renters obligations and to indemnify the owner against any liability arising out of the renters obligations.
   7. To pay the owner interest at the rate of 15% p.a. on any amount due to the owner under this agreement.
   8. To return the vehicle together with all tyres, tools, accessories and equipment in the same condition as when received, ordinary wear and tear accepting, to the depot from which it is rented,
   9. To forthwith inform the owner of any loss or damage occurring to the vehicle and of any fault or deterioration developing therein and renter must not in the case of damage, fault or deterioration which makes the vehicle unroadworthy or liable to cause danger to any person or property use the vehicle until such damage, fault or deterioration has been repaired or corrected,
   10. (i) That in addition to the charges in clause 5b(i) and subject to sub-clause (ii), the renter is responsible for and will reimburse the owner on demand for all loss or damage of whatsoever kind or nature to the vehicle, tyres, tools, accessories or equipment therein or thereon, but customer’s liability for such loss or damage shall not exceed $2,000, unless vehicle is used, operated or driven in violation of any of the provisions of this Rental Agreement,

(ii) Renter shall be fully liable for all collision damage if the vehicle is used, operated or driven in violation of any provisions of the Rental Agreement AND FOR ALL DAMAGE TO VEHICLE BY STRIKING OVERHEAD OBJECTS.

6. The Renter acknowledges that he has no authority to pledge the Owners credit.
   1. The Owner warrants that the vehicle is in good mechanical condition, is licensed for the Renter's stated intended use, complies with statutory requirements in respect of such hire and use and is fit for the stated purpose of the Renter. Any cost incurred by the Owner in acheiving and continuing compliance with this clause shall be borne by the Owner throughout the term of this Agreement.
   2. The Owner shall insure the vehicle for the stated purpose and on the conditions acceptable to the Renter and keep it insured on such conditions for the term of this Agreement.
   3. The Owner warrantsthat the vehicle or a suitable replacement vehicle will be available to the Renter for the full term of the Agreement and that any vehicle down time necessary for scheduled maintenance or repair is kept to an absolute required minimum.