List and sell your property with Harcourts Kingborough in the months of October, November and December 2017 and receive 1 day complimentary truck hire!
This offer is valid for 3 months after the settlement of your property and subject to the completion of the Particulars of Vehicle Rental Agreement and terms set out in our Vehicle Rental Agreement which are also detailed below.
For a copy of our Vehicle Rental Agreement or hire pricing outside of this offer please contact us on 03 6229 0005
a) The Hirer agrees to rent the Vehicle to the Customer for the Rental Period and the Customer agrees to pay the Rental Charges and any other applicable costs on the terms and conditions set out in this agreement;
b) The Customer is entitled to use the Vehicle for the Rental Period and for any agreed extension;
c) This Agreement can include a credit application and Particulars of Rental Agreement / Purchase Order which constitutes the entire Agreement between the Hirer and the Customer.
2. Rental Charges & Security Deposit
The cost to the Customer of hiring the Vehicle will include the following charges:
a) Rental Charges including GST for the Rental Period;
b) Vehicle operating costs;
c) Cost of consumables including fuels, oil and lubricants;
d) Any applicable duties, fees, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the Customer’s hiring of the Vehicle;
e) Costs and Expenses reasonably incurred by the Hirer in enforcing this agreement;
f) A Security deposit of $100 is taken at the start of all rentals. Deposit will be refunded minus any additional costs such as fuel or excess Klms on return of the vehicle.
g) All costs associated in recovering overdue accounts and collection costs
h) 2% surcharge will apply on credit card transactions
3. Customer’s Warranties
The Customer warrants that:
a) The particulars provided to the Hirer are correct in every respect and are not misleading in anyway including without limitation by omission;
b) The Customer holds all appropriate permits and licences and is competent to drive or operate the Vehicle;
c) In selecting the Vehicle, the Customer has not relied on the Hirer’s skill and judgement or on any representations made by or on behalf of the Hirer and agrees that the Vehicle complies with their description , are in merchantable condition and is fit for the Customers purpose;
d) The Customer will use the Vehicle in the manner and basis for the proper purposes which the Vehicle was designed to be used.
4. Customer’s Obligations
The Customer will:
a) Keep the Vehicle in first class condition and only use it as it would be used by a careful and prudent Owner;
b) Not use the Vehicle for any illegal purpose;
c) Report any damage, breakdown or mechanical issues, or loss of the Vehicle to the Hirer immediately such damage or loss occurs and never attempt to repair;
d) Allow the Hirer, its agents or financiers to access the Vehicle at reasonable notice to inspect or maintain and service the Vehicle; and
e) Be liable for any breach of this Agreement committed by the Customer’s servants or agents.
5. Title to Vehicle
a) The Customer acknowledges that the Hirer retains title to the Vehicle and that the Customer has rights to possess the goods as a mere Bailee only;
b) The Customer does not have any rights to pledge the Hirer’s credit in connection with the Vehicle and agrees not to do so; and
c) The Customer also agrees not to agree, attempt or offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire (including registration under the PPSA) or otherwise part with or attempt to part with the personal possession of the Vehicle or otherwise deal with the Vehicle and not to conceal or alter the Vehicle in any way or make any addition or alteration to, or repair of, the Vehicle.
6. Personal Property Securities
a) The Parties agree that this Agreement could constitute a ‘security agreement’ as defined in the PPSA and that the Hirer is able to register this Agreement at its discretion under the PPSA and the Customer will do all things necessary to enable the Hirer to fulfil the registration
b) The Customer will waive its rights under the PPSA in relation to receipt of any notices and statements under the PPSA
c) The Customer will never allow a security interest to be registered in a third party’s name in respect to the Vehicle.
a) To the extent permitted by law, the Hirer excludes all warranties, conditions, right and remedies to which the Customer would otherwise be entitled; and
b) The Hirer’s liability for any loss or damage including consequential loss or loss profit is limited to the amount of the Rental Charges owing under this Agreement.
a) This Agreement will terminate upon the expiration of the Rental Period or when the Hirer recovers possession of the Vehicle whichever is earlier;
b) If the Customer breaches any term or condition of this Agreement or is unable to pay his or her debts when they fall due, the Hirer, in its absolute discretion may terminate the Agreement and recover possession of the Vehicle; and
c) To give effect to the preceding sub-clause and sections 123 and 12B of PPSA, the Customer hereby irrevocably appoints the Hirer as its agent and authorises and licenses the Hirer to enter the Customer’s premises for the purpose of repossessing the Vehicle
9. Damage Excess Costs
a) The Customer acknowledges that the hire of the vehicle includes a $2,000.00 excess for any damage to the vehicle while in the possession of the hirer.
b) The customer also acknowledges that any overhead damage to the vehicle will not be covered by the excess, and will be at the full cost of the hirer.
10. Indemnity and Release
The Customer will release, hold harmless and indemnify the Hirer from and against all liabilities, claims, damages, losses, costs and expenses of whatever nature, howsoever occurring which may accrue against or be suffered by the Hirer arising out of or in any way connected of the Hirer or the Hirer’s servants or agents acting within the scope of their employment.
“Agreement” means the Particulars of Rental Agreement, the Rental Terms and if applicable, the Rental Account Application Form;
“Customer” means the person who signs this Agreement;
“Date Out” means the date upon which the Vehicle is taken into possession by the Customer as noted;
“Vehicle” means the Vehicle & all included Equipment hired by the Customer and as identified in the Particulars of Rental Agreement;
“GST” means the Goods and Services Tax under A New Tax System (Goods and Services Tax) Act 1999 (GST Act) or any amendment or replacement Act
“Off Rent Date” means the date upon which the Customer notifies the Hirer that the Customer no longer requires the Vehicle or the Vehicle is returned to the Hirer whichever is the later;
“PPSA” means the Personal Property Securities Act 2009.
“Rental Charges” means those charges identified in the Particulars of Rental Agreement and the charges referred to in clause 2 of the Rental Terms;
“Rental Period” means the period from the Date Out to the Off Rent Date;
“Extra Hours” means the Rental Charge for late return of the vehicle (more than 24 hour period) and will apply at the absolute discretion of the Hirer.
“Allowed Klms” means the number of KLMs included per day on the Rental Agreement.
“Excess Klms” means the Rental Charge for any KLMs travelled over and above the agreed “Allowed Klms” on the Rental Agreement, and will apply at the absolute discretion of the Hirer.