1. Introduction
1.1 When the Client rents a Vehicle from the Owner the contract (Hire Contract)
the Client has with the Owner consists of two separate documents. They are:
(a) the agreement (Motor Vehicle Rental Agreement) the Client has signed to rent the
Vehicle from the Owner; and
(b) these Hire Terms and Conditions (Terms and Conditions).
1.2 The date of the Hire Contract is the date of collection of the Vehicle.
2. Definitions
The following words or phrases have the following meaning each time they appear in the
Hire Agreement.
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Vehicle and another vehicle or object, including animals
and roadside infrastructure;
(b) rollovers; and
(c) weather event, including hail Damage, that results in Damage or Third-Party Loss.
Authorised Driver means any driver of the Vehicle who is approved by the Owner
and who is recorded on the Hire Agreement prior to the Start of the Hire.
Client means the person, whether it is an individual, a firm or company that rents the
Vehicle from the Owner and whose name is shown in the Hire Agreement.
Damage means any damage to the Vehicle including its parts, components and
accessories, towing and assessing fees and Loss of Use, and for the removal of doubt,
any Damage to the windscreen, headlights, lights or tyres that makes the Vehicle
unroadworthy is not fair wear and tear.
Damage Excess means the amount of $3,000, excluding GST (unless otherwise stated on
the Rental Agreement) which the Client must pay the Owner in the event of an Accident
that causes Damage or Third-Party Loss, or the Vehicle has been stolen. This amount is
an initial part-payment towards the cost of any Damage sustained to the Vehicle or other
costs for which the Client is liable to the Owner.
End of the Hire means the date and time shown in the Hire Agreement or the date and
time the Vehicle is returned to the Owner, whichever is the later.
GPS Device means a GPS or other device that is fitted to the Vehicle that has electronic
tracking capabilities.
Hire Charges means the charges payable for renting the Vehicle from the Owner
together with GST and any other taxes or levies which are all fully set out in the Hire
Agreement.
Hire Location means the Iceberg Rentals premises.
Hire Period means the period commencing at the time shown in the Hire Agreement and
concluding at the End of the Hire.
Owner means Iceberg Rentals Pty Ltd trading as Iceberg Rentals.
Loss of Use means the Owner loss calculated at the weekly rate shown in the Hire
Agreement because the Vehicle is being repaired or replaced if it is written off as a result
of an Accident or it has been stolen.
Major Breach means a breach of any of clauses 3.1, 3.2, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 5.4,
5.5, 6.1, 6.2, 6.3, 7.4, 7.5, 7.9, 7.10, 7.11, 7.12, 7.13, 7.14, 9.4, 9.5, 9.6 and 9.7 or any
conduct that prevents the Owner from properly investigating a claim arising from an
Accident or theft or from prosecuting or defending any Accident or theft claim, whether
or not the Owner was previously aware of such breach.
Off Road means any area that is not a sealed road or an unsealed road and includes but is
not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds,
beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Start of the Hire means the date and time that the hire commences as shown in the Hire
Agreement.
Third Party Loss means loss or damage to third party property, including other motor
vehicles and any other claim for third party loss.
Unsealed Road means a road that has been formed and constructed but is not sealed with
a hard material such as tar, bitumen or concrete.
Vehicle means the Vehicle described in the Hire Agreement and includes its parts,
components and accessories, including any GPS unit, reverse camera and all Vehicle
entertainment units.
3. Hire
3.1 The Owner agrees to hire Vehicle/s to the Client. The Client must complete and sign
a Motor Vehicle Rental Agreement and such other documents as the Owner may
require. Each Motor Vehicle Rental Agreement is not a separate contract but forms a
part of this hire document between the Owner and the Client. The Owner may in its
absolute discretion terminate this document and/or decline to hire Vehicle/s to the
Client at any time.
3.2 The Client is only the bailee of the Vehicle/s. The Client must not claim any
right or title to the Vehicle.
4. Who may drive the Vehicle?
4.1 Only the Client or an Authorised Driver can drive the Vehicle. It is a Major Breach
of the Hire Contract if the Client lets anyone who is unauthorised drive the Vehicle.
4.2 The Owner may set a minimum and maximum age limits for those renting Owner
Vehicles. The Client and any Authorised Driver must be at least twenty-three (23) and
not over seventy-five (75) years of age and have no less than twelve (12) months
driving experience, unless the Owner has agreed to a variation of those restrictions
before the Start of the Hire and it is shown in the Hire Agreement.
4.3 The Client and any Authorised Driver must also have a valid licence to drive the
class of Vehicle which is issued in an Australian state or territory or an international
licence (with a translation into English if it is not issued in English) appropriate for the
class of the Vehicle and not subject to any restriction or condition.
5. Prohibited Use
5.1 The Vehicle must not be driven by the Client or any Authorised Driver if:
(a) the Client or any Authorised Driver is intoxicated or under the influence of drugs
or alcohol or has a blood alcohol content or any urine or oral fluid sample that
exceeds the limit set by law, including a zero limit if the Vehicle is used to supply a
commercial passenger service;
(b) is driving recklessly or dangerously; or
(c) whilst the Vehicle is damaged or unsafe.
5.2 The Client and any Authorised Driver must not use the Vehicle:
(a) for any illegal purpose;
(b) to move dangerous, hazardous, inflammable goods or substances that pollute or
contaminate, in quantities above that used for domestic purposes;
(c) in connection with the motor trade for experiments, tests, trials or demonstration
purposes; or
(d) in an unsafe or un-roadworthy condition.
5.3 The Client and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug
impairment assessment;
(b) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(c) modify the Vehicle in any way;
(d) sell, rent, lease or dispose of the Vehicle; or
(e) register or claim to be entitled to register any interest in the Vehicle under the
Personal Property Securities Act 2009.
5.4 The Client and any Authorised Driver must not use the Vehicle:
(a) to transport any pets or animals except assistance animals;
(b) to carry passengers for hire, fare or reward or for rideshare purposes; or
(c) to carry more than the number of passengers for which the Vehicle is licensed.
5.5 The Client and any Authorised Driver must not:
(a) use a mobile phone:
(a) to make or receive a phone call, perform any audio function or as a navigational
device, unless the Vehicle is stationary, and the body of the phone is secured in a
mounting affixed to the Vehicle and its use does not require manual operation of the
phone; or
(b) to send a text message, video message, email or similar communication unless
the Vehicle is parked; or
(b) use the DVD player whilst the Vehicle is in motion or stationary, but not parked.
5.6 The Client and any Authorised Driver must not smoke in the Vehicle and the Client
must prevent any passenger from doing so. An additional cost of $100 must be paid on
demand if there is a breach of this clause.
6. Where the Vehicle can and cannot be used
6.1 The Vehicle must never be driven on an Unsealed Road or Off-road.
6.2 The Vehicle must not be used in any area that is prohibited by the Owner.
Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, streams, rivers, creeks, dams and floodwaters;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed; and
(e) any road where it would be unsafe to drive the Vehicle.
6.3 The Vehicle must never be driven or used interstate unless the Client has the
Owner’s prior written permission prior to the Start of the Hire, and it is noted on the Hire
Agreement.
7. Client Obligations
7.1 A security deposit of $500 applies to the Client’s Hire.
7.2 At the Start of the Hire and before collecting the Vehicle the Client must:
(a) present the Client’s driver’s licence and that of any Authorised Driver and permit
copies of the drivers’ licences to be made and kept by the Owner; and
(b) inspect the Vehicle to make sure that any pre-existing damage is noted and shown
in the Hire Agreement.
(c) pay the $500 Security Bond to the Owner.
7.3 The Bond is fully refundable to the Client at the End of the Hire provided that:
(a) all amounts due to the Owner under and in connection with the Hire Contract have
been paid;
(b) the Vehicle has been returned to the Hire Location at the date and time set in the
Hire Agreement;
(c) there is no Damage or Third-Party Loss;
(d) the exterior and interior of the Vehicle are clean;
(e) the Vehicle has a full tank of fuel;
(f) there has not been a Major Breach of the Hire Contract.
The Owner reserves the right to retain all or part of the Bond if there is a breach of
any of these conditions.
7.4 The Client and any Authorised Driver must on a weekly basis:
(a) check the oil and radiator water levels;
(b) check the tyres (visually) for wear and correct inflation;
(c) check the indicators, brake lights, headlights and the tail lights for correct operation;
and
(d) wash and clean the Vehicle.
7.5 The Client must:
(a) return the Vehicle in the same mechanical condition it was in at the Start of the
Hire, fair wear and tear excepted;
(b) return the Vehicle accessories such as the GPS unit, reverse camera and radio/stereo
units, in the same condition they were in at the Start of the Hire, fair wear and tear
excepted;
(c) pay, on demand, the balance of the Hire Charges (if any);
(d) pay, within 24 hours of any Accident or if the Vehicle is stolen, the Damage
Excess;
(e) pay for any Damage to the Vehicle accessories that is not fair wear and tear;
(f) pay any costs and charges owing to the Owner, including a minimum of a $60
cleaning fee if the Vehicle is not returned in a clean condition, a $100 fee if the Client
has smoked in the Vehicle and any extra cleaning costs in reinstating the Vehicle to the
same condition it was in at the Start of the Hire, fair wear and tear excluded;
(g) pay for all Damage arising from a Major Breach of the Hire Contract;
(h) pay for all Damage to the Vehicle;
(i) pay for any Damage caused by the immersion of the Vehicle in water.
7.6 The Client and any Authorised Driver must pay all tolls, speeding and traffic fines
and infringements as well as any fines or charges imposed for parking or using the
Vehicle or release of the Vehicle if it has been seized by a regulatory authority.
7.7 If the Owner receives any notices for tolls, fines or infringements incurred by the
Client during the Hire Period the Owner will charge the Client an administrative fee of $10
for each such notices. If the Owner pays the toll, fine or infringement then the Owner shall
charge the Client for the toll, fine or infringement amount which it has paid, plus its
administration fee. If the Owner completes a statutory declaration in respect of any tolls,
fines or infringements incurred by the Client during the Hire Period the Owner is entitled
to charge a fee of $30 per statutory declaration.
7.8 The Client agrees to pay, in addition to the Hire Charges:
(a) a cleaning fee of $88 if the Vehicle is not returned in a clean condition;
(b) a re-fuelling fee of $33 if the Vehicle is not returned with a full tank of fuel;
(c) a repossession fee of $110 for each attempt, whether successful or unsuccessful, the
Owner makes to repossess the Vehicle as a result of a breach by you of the Hire
Agreement; and
(d) any costs incurred by the Owner in connection with its attempt(s) to repossess the
Vehicle as a result of a breach by you of the Hire Agreement.
7.9 The Client must comply with all mandatory seat belt laws and fines may be
imposed by the police on any driver or passenger who does not have a seat belt properly
adjusted and fastened;
7.10 The Client must also comply with all child restraint laws and ensure that for all
children under the age of seven (7) years the restraint has been fitted correctly according
to the weight and age of the child and that the restraint is properly adjusted.
7.11 The Client and any Authorised Driver must make sure that the Vehicle is locked
when not in use or unattended and the keys or remote-control device must be kept in the
Client’s possession, or that of any Authorised Driver, at all times.
7.12 The Client and any Authorised Driver must take reasonable care of the Vehicle by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) maintaining the engine and brake oils and coolant level and tyre pressures and
checking these no less than on a weekly basis;
(d) using the correct fuel type; and
(e) making sure it is not overloaded.
7.13 If during the Hire Period the Vehicle develops a fault the Client must inform the
Owner immediately and not drive the Vehicle unless the Owner have authorised the
Client to do so. The Client must not let anyone else repair or work on the Vehicle, tow
the Vehicle or salvage it without the Owner’s prior written authority to do so. Where the
Owner has given the Client prior authority the Client must keep and produce to the
Owner the original tax invoices and receipts for any repairs, towing or salvage and the
Client will be reimbursed only if these expenses have been authorised by the Owner.
Any entitlement to reimbursement is subject to there being no Major Breach of the Hire
Contract.
7.14 The Client warrants that in the past 2 years, the Client and any Authorised Driver
have not had their licence cancelled or suspended due to any driving offences; in the last
5 years have not had any insurance refused, cancelled or avoided, insurance renewal not
offered, special conditions imposed or claim refused; and have not made any insurance
claim in the last 3 years.
8. Owner obligations
8.1 The Owner will provide the Client with a Vehicle that is roadworthy and in good
working order.
8.2 If the Vehicle breaks down during the Hire Period, unless the break down is due to
the Client’s negligence or a breach of the Hire Agreement then the Owner will recover
and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired, the Owner
will use best endeavours to provide a replacement Vehicle where one is available.
8.3 If the Vehicle breaks down, the Owner is not responsible for any loss or liability
whatsoever which is or may be suffered or incurred by the Client or any Authorised
Driver.
8.4 The Client is entitled to an abatement of the Hire Charges for the period that the
Vehicle is not roadworthy and in good working order, commencing from the date on
which the Vehicle is returned to the Owner.
9. Accidents and Insurance
9.1 The Owner will, for the duration of the Hire Period, arrange and maintain
comprehensive insurance over the Vehicle by an insurer (Insurance).
9.2 The Client acknowledges that the Owner is not the issuer of the Insurance and that
the Owner does not, under any circumstances, itself cover, insure or indemnify the
Client or any third party.
9.3 If we ask you questions that are relevant to our decision to enter into the Hire
Agreement, you must tell us anything that you know and that a reasonable person in the
circumstances would include in answering the questions. If the Client or Authorised
Driver provide or have provided the Owner with any false or incorrect information prior
to entering into or during the Hire Agreement, this will dis-entitle the Client or
Authorised Driver from the benefit of the Insurance.
9.4 If the Client or an Authorised Driver has an Accident or if the Vehicle is stolen, the
Client must report the Accident or theft to the Owner within twenty-four (24) hours of it
occurring and fully complete an Accident/Theft report form within 24 hours of being
provided it.
9.5 If the Vehicle is stolen or if the Client or an Authorised Driver of the Vehicle has an
Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without
exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs and/or alcohol;
the Client or the Authorised Driver must also report the theft or Accident to the Police.
9.6 If the Client or an Authorised Driver has an Accident the Client or the Authorised
Driver must:
(a) exchange names and addresses with the other driver;
(b) obtain the names, addresses and phone numbers of all witnesses;
(c) not make any admission of fault or promised to pay the other party’s claim or
release the other party from any liability;
(d) forward all third party correspondence or court documents to the Owner within
seven days of receipt of same.
(e) co-operate with the Owner in the prosecution or defence of any legal proceedings as
a result of an Accident, including attending any Court hearing.
9.7 In the event of an Accident involving the Vehicle during the Hire Period that results
in damage to the property of any third party or to the Vehicle, the Client and/or an
Authorised Driver will be entitled to be indemnified under the Insurance subject to
its terms, conditions and exclusions only if each of the following conditions are and
have been strictly satisfied:
(a) the Hire Charges have been fully paid in accordance with this Rental Agreement;
(b) the damage or loss was caused whilst the Vehicle was driven or used by the
Client or an Authorised Driver;
(c) the Damage Excess has been paid in full within 72 hours of any Accident;
(d) the Client and/or the Authorised Driver has strictly complied with its obligations
under clauses 9.3, 9.4, 9.5 and 9.6.
9.8 There is no Insurance cover, and the Client and any Authorised Driver are liable for
all Damage or Third Party Loss in the event of:
(i) any Major Breach of the Hire Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver;
(iii) Damage caused by immersion of the Vehicle in water;
(iv) any failure to comply with Clause 9.3.
9.9 There is no Insurance for personal items that are left in or stolen from the
Vehicle.
10. Hire Period, costs and charges
10.1 The Hire Agreement shows:
(a) the Hire Period for which the Client have hired the Vehicle; and
(b) the Hire Charges.
10.2 All payments by credit card incur a 2% surcharge.
10.3 The minimum Hire Period is twenty-eight (28) days. Any termination of the Hire
Agreement within the minimum 28 day Hire Period (whether by the Client or by the
Owner in the event of default by the Client of its obligations under this Hire
Agreement) requires the Client to pay the Hire Charges for the 28 day period.
10.4 If the Client wishes to terminate the Hire Agreement after the 28 day period, the
Client is required to give 14 days notice to the Owner. The Client remains liable to the
Owner for the Hire Charges for the 14 day notice period irrespective of whether the
Vehicle has been returned to the Owner.
10.5 At the Start of the Hire Period and before collecting the Vehicle in addition to the
Client’s obligations under this Agreement the Client must pay a deposit of $500 (or as
otherwise agreed) and pay 1 week Hire Charges in advance at the rate shown on the
Hire Agreement.
10.6 During the Hire Period, the Client authorises the Owner to charge their credit or debit
card to pay:
(a) the Hire Charges for the next seven (7) days in advance; and
(b) all amounts paid or payable arising out of the Client’s use of the Vehicle or
imposed on the Client or the Owner by any regulatory or other competent
authority, such as parking infringements, speeding and traffic fines.
10.7 The Owner may fit a GPS Device to the Vehicle to enable the Owner to track the
Vehicle while it is out of the Owner’s possession. When the Client signs these
Terms and Conditions the Client authorises the Owner to use the GPS Device to
track the Vehicle until it is returned to the Owner.
10.8 The Owner may terminate the Hire Contract at any time and for any reason by
providing the Client with a written notice of their intention to do so, such notice to be
received not less than 7 days prior termination taking effect.
10.9 Unpaid Hire Charges will incur a late payment fee of up to $10 per week. If the Client
defaults in payment for three (3) days or more, the Owner may immediately terminate
the Hire Agreement without notice and repossess the Vehicle.
End of the Hire
10.10 The Vehicle must be returned by no later than the last day of the termination notice
period.
10.11 If the Client fails to return the Vehicle, the Owner may recover the Vehicle by
lawful means if its location is known, but if it is unknown, after making reasonable
attempts to contact the Client, the Owner may report the Vehicle as stolen to the
Police.
10.12 If the Client returns the Vehicle after the date/time set for its return in the Hire
Agreement the Owner will charge the Client $25 per hour up to one (1) full day’s
hire (pro-rated with reference to the weekly rate) and a further full day’s hire.
10.13 If the Client terminates the Hire Agreement and returns the Vehicle part way
through a 7 day weekly period, the Client will charge each day at a rate of $50 .
10.14 If it is not possible to conduct an inspection of the Vehicle with the Client at the end
of the Hire Period, the Owner will use their best endeavours to confirm the condition
of the Vehicle with the Client as soon as possible.
10.15 At the End of the Hire the Client must also pay for all amounts owing pursuant to
this Agreement and any moneys owed to the Owner thereafter accrue interest at the
rate of 10% per annum commencing fourteen (14) days after the End of the Hire.
Any amount payable under the Hire Contract is subject to subsequent verification
and adjustment and details of any adjustments will be provided to the Client as soon
as practicable.
10.16 The Client agrees to pay on demand to the Owner all loss or damage to the Vehicle
(including the loss of use of that Vehicle – ‘demurrage’), legal expenses, assessment
fees, towing and recovery, consequential third party damage, storage, and the loss of
any use of the vehicle where the Vehicle is damaged during the hire period or for the
period until the Vehicle is returned to the Owner.
10.17 The Client agrees to indemnify the Owner from and against any or all claims,
demands, actions, liabilities, losses, costs and expenses (including, but not limited to
legal costs on an indemnity basis), as a consequence of any breach by You or any
Authorised Driver of this Agreement or the failure for whatever reason of the due
and punctual performance of your obligations under this Agreement.
10.18 Additional Charges and Credit card authority
If any amount is due to the Owner or remains unpaid, including:
(a) for tolls;
(b) speeding and traffic fines and infringements;
(c) fines or charges imposed for parking;
(d) extra cleaning costs
(e) refuelling costs; or
(f) any Damage Excess payable or the cost of or the Owner’s reasonable estimate for
any Damage,
the Client is solely liable for those costs and authorises the Owner to debit the Client’s
credit or debit card (if one has been provided) with that amount within a reasonable
time together with the 3% card payment fee. If the Client has not provided a credit or
debit card and/or if such card is unable to be charged, the Owner is entitled to deduct
any deposit paid by the sum of those expenses and to recover any balance from the
Client and/or Authorised Driver.
11. Servicing and Maintenance
11.1 It is the Owner’s responsibility to keep the Vehicle regularly serviced.
11.2 The Owner will pay for the service, parts, tyres and any other issues with the
Vehicle providing that these issues were not caused by the Client or any Authorised
Driver.
11.3 To ensure the Vehicle is properly maintained, on demand or otherwise at
intervals of no less than 28 days, the Client must photograph the Vehicle’s odometer
and email the photo to icebergrentalsnsw@gmail.com or such other email address or
mobile number notified by the Owner..
12. Breakdowns
12.1 There is no Roadside Assistance for:
(a) use of the incorrect fuel type;
(b) a flat battery because the lights or entertainment systems have been left on;
(c) lost keys or remote control device; or
(d) keys or remote control device locked in the Vehicle, and extra charges will apply if
any of these services are provided at the Client’s request.
13. Consequences of a Major Breach of the Hire Contract
13.1 If the Client or any Authorised Driver commits a Major Breach of the Hire Contract,
the Owner may without notice terminate the Hire Contract and take immediate
possession of the Vehicle.
14. Privacy
14.1 All emails, documents, images or other recorded information held or used by the
Owner is Personal Information and therefore considered Confidential Information.
14.2 The Owner will destroy all Personal Information upon the Client’s request (via
email) unless it is required in order to fulfil the obligations of this Contract or is
required to be maintained and/or stored in accordance with the law.
15. Title and Personal Property Securities Act 2009
15.1 Notwithstanding the delivery of the Vehicle or part thereof the Vehicle remain the
sole and absolute property of the Owner as full legal and equitable the Owner.
15.2 The Client will;
(a) ensure that the Vehicle is kept in good and serviceable condition;
(b) secure the Vehicle from risk, damage and theft; and
(c) keep the Vehicle fully insured against such risks that are usual or common to insure
against in a business of a similar nature to that of the Client.
15.3 By accepting the Vehicle the Client agrees that:
(a) a Security Interest is created in favour of the Owner within the meaning of the
PPSA in:
(a) the Vehicle;
(b) the proceeds of sale of the Vehicle;
(c) any other property, to which the Vehicle become an accession or with
which they are commingled;
(d) any product or mass, of which the Vehicle become a part by
manufacture, process, assembly or commingling.
(b) the Security Interest secures:
(i) the Client’s obligation to pay for the Vehicle, and
(ii) any and all other obligations of the Client to pay money or money’s worth
(including costs, expenses, damages or losses) for the benefit of the Owner now
or in the future or from time to time under this agreement.
(c) to the extent the Owner’s Security Interest secures the Clients obligation to pay
for any of the Vehicle, it constitutes as a PMSI;
15.4 With respect to the Owner’s Security Interest while it is retained by the Owner,
the Client:
(a) will when called upon by the Owner sign any further documents or provide any
further information which the Owner may reasonably require to register a financing
statement or financing change statement on the Personal Properties Security
Register (“PPS Register”), or in connection with the issue of a verification
statement;
(b) will not register or apply to register a financing statement or financing change
statement which is in any way connected with the Vehicle (or any accession, mass or
product, of which they form part) without the Owner’s prior written consent, which
may be given or withheld at the Owner’s absolute discretion;
(c) will pay any costs, expenses or losses incurred by the Owner and keep the Owner
indemnified against any loss, damage or liability to third parties incurred in relation
to:
(a) registering or seeking the release of any document relating to the Owner’s
Security Interest on the PPS Register; or
(b) enforcing the Owner’s security Interest (including its legal costs, on a
solicitor- client basis);
(d) will give the Owner at least fourteen (14) days written notice of any proposed
change in its name, contact details, place of incorporation, address, location, nature of
business, Ownership, or business practice; and
(e) irrevocably appoints the Owner to be the Client’s attorney to do anything which the
Client agrees to do under these Terms and Conditions and anything which the attorney
thinks desirable to protect the Owner’s Security Interest and the Client will take all
steps required to ratify anything done by the attorney under this clause.
15.5 To the extent permitted by law, the Client waives its right to notices as a grantor
under section 157 of the PPSA; acknowledging, that the collateral, subject of the
Owner’s Security Interest is properly described as commercial property. To the extent
that they impose any obligation on the Owner or grant any right to the Client and section
115(1) of the PPSA allows them to be excluded: sections 95, 118, 121(4), 125, 130, 132
(3), 132 (4), 135, 142, and 143 of the PPSA do not apply to this agreement or the
Owner’s security interest in the Vehicle. To the extent, that Part 4.3 of the PPSA imposes
any obligation on the Owner or grants any right to the Client and s.115(7) permits, its
application pursuant to s.116(2) is excluded.
15.6 Notwithstanding the payment by the Client of part or all of the price relating to the
Vehicle, any proceeds or other property in which the Owner’s Security Interest will
continue to exist in the Vehicle, any Proceeds of the Vehicle or other property, in
which the Owners Security Interest may apply (by operation by operation of these
Terms and Conditions or statute) until the Owners Security Interest is discharged in
writing by the Owner.
15.7 The Client will not do, or omit to do, nor allow to be done or omitted to be
done, anything which might adversely affect the Owners Security Interest.
15.8 Without limiting the rights or remedies available to the Owner under these
Terms and Conditions, statute (including under the PPSA) or other law, if the Client;
(a) (being a natural person) commits an act of bankruptcy;
(b) (being a corporation) does anything which entitles anyone to apply to wind up
the Client or is subject to the appointment of an administrator or liquidator or
receiver or controller or receiver and manager; or
(c) breaches any of these “Terms and Conditions”,(each of which is hereafter
referred to as ‘an act of default’), the Owner may take possession of and retain, resell
or otherwise dispose of the Vehicle or any product, mass or whole, of which they form
part.
15.9 To the extent permitted by law, in the event of any such act of default, the Client
authorises the Owner to enter premises where the Vehicle may be located to take
possession of the Vehicle or any product, mass or whole, of which they form part without
notice to the Client. The Client shall indemnify the Owner against all claims arising out
of the entry by the Owner into premises to take possession of the Vehicle or any product,
mass or whole, of which they form part.
16. Default
Upon the occurrence of default by the Client in compliance with these terms or any other
agreement with the Owner;
16.1 The Owner may at its discretion withhold further supplies of any Vehicle or cancel
this agreement, or vary the terms of this agreement.
16.2 Without prejudice to any other right or remedy the Client shall indemnify the
Owner against any costs fees charges and disbursements charged by any solicitor
engaged for the purpose of the collection or recovery of moneys due and payable by the
Client to the Owner on an indemnity basis, and any fees, charges, disbursements or
commissions liable to be paid to or charged by any mercantile agency or debt collecting
firm engaged for collection of moneys due and payable by the Client.
17. Other general provisions
17.1 The Hire Contract is governed by the laws of New South Wales and the Client
agrees that courts in that state or territory have jurisdiction to determine any dispute that
arises between the Client and the Owner.
17.2 You are not permitted to sub-lease or otherwise part with possession of the Vehicle
without the Owner’s written consent.
17.3 Time is of the essence with respect to all obligations arising under this Agreement.