Discovery Fraser 4WD Hire Terms and Conditions
1. Discovery 4WD agree to hire the vehicle and any equipment (including any ancillary items or accessories) named in this agreement (Equipment) to the Hirer on the terms and conditions of this agreement. The Hirer agrees to hire the Equipment and pay the full amount of hire, including any bond, before the period of hire (Fee).
2. Discovery 4WD reserves the right to refuse hire or repossess the Equipment until the Fee has been received or in the case of cheques or money orders, until amounts tendered have been cleared by the respective bank, credit union, society or postal authority.
3. Equipment must be in clean condition and good working order upon return. The Equipment must be washed and clean of dust, mud and sand. If the Equipment is returned excessively dirty or and requires extra cleaning, then a cleaning fee will apply which Discovery 4WD may deduct from the bond provided by the Hirer.
4. The Hirer is responsible for the safekeeping of the Equipment. The Hirer must not do or cause anything to be done that may endanger the safety or condition of the Equipment and must use all reasonable measures to protect the Equipment against theft and vandalism. The Hirer must advise Discovery 4WD if the Equipment is lost, stolen, damaged or destroyed.
5. The Hirer will be fully responsible to Discovery 4WD for any loss of, or damage to, the Equipment during the period of hire, however occurring. For the avoidance of doubt, the cost and/or repair of punctures or replacement of tyres throughout the period of hire is the responsibility of the Hirer.
6. INSURANCE – A bond of $1,500 is applicable to all hires (Bond). Where damage to the Equipment is of a value up to or less than the Bond, the Hirer is responsible for payment. However, should a third party be responsible for damages caused to the Equipment whether by collision, accidental or malicious act and the claim can be proved against this third party, and Discovery 4WD can claim insurance for the damages resulting to the Equipment, these monies may be refunded to the Hirer up to the amount of the Bond or nominated excess applied, less any legal costs involved. In such circumstances, Discovery 4WD may apply the Bond monies already paid however, should the damages be of a greater value than the Bond paid, Discovery 4WD has the right to collect from the Hirer the balance of payment up to the nominated bond excess. Should any collection costs be incurred for this amount then the Hirer becomes responsible for payment of these being over and above what is owed to Discovery 4WD.)
(a) In the event of theft, Discovery 4WD is under no obligations to provide replacement Equipment.
(b) In the event of accidental damage to the Equipment and the Hirer leaving the Equipment “in situ” and not returning it to the place of hire or repair where the Hirer could have reasonably done so, the Hirer will liable for any damages. If the Hirer can show proof that the Equipment is covered by the Hirer’s current motor vehicle policy for the period of hire, then the above may be waived by Discovery 4WD.
7. Late returns of the Equipment will be charged at normal daily rate separate to any retrieval costs that may also be incurred. If late return of the Equipment is due to the failure of Equipment, late fees under this clause may be waived, provided Discovery 4WD is notified immediately of the Equipment failure (which in any event must be prior to its return) and proof of such failure is provided and accepted by Discovery 4WD in its absolute discretion.
8. EXCLUSION OF LIABILITY:
(a) All express or implied guarantees, warranties, representations or other terms relating to this agreement or its subject matter, not expressly set in this agreement, are excluded from this agreement to the maximum extent permitted by law.
(b) Nothing in this agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot be lawfully excluded or limited.
(c) If any guarantee, warranty, term or condition is implied or imposed in relation to this agreement under applicable legislation including the Competition and Consumer Act 2010 (Cth) and cannot be excluded (a Non-Excludable Term), and Discovery 4WD is able to limit the Hirer's remedy for a breach of the Non-Excludable Term, the liability of Discovery 4WD is limited to the replacement (or the cost of replacement) of the Equipment, the supply (or the cost of supply) of equivalent Equipment or the repair (or the cost of repair) of the Equipment.
(d) Subject to clauses 8(b) and 8(c), in no event will Discovery 4WD be liable (whether before or after the expiry or termination of this agreement or the period of hire) for any loss or damage which the Hirer suffers arising from, or caused or contributed to by, Discovery 4WD's negligence or the negligence of Discovery 4WD's agents and employees. Nor will Discovery 4WD be liable for special, indirect or consequential loss or damage as a result of a breach by Discovery 4WD of this agreement including, but not limited to, loss of profits or revenue, the costs arising from the loss of use of the Equipment and the costs of any substitute Equipment which the Hirer acquires.
(e) Subject to clauses 8(b) and 8(c), the parties agree that the total liability of Discovery 4WD to the Hirer for loss or damage of any kind whether arising in tort (including negligence), contract, under stature or otherwise is limited to the total amount of fees paid (if any) by the Hirer under this agreement.
9. The Hirer uses the Equipment at its own risk. To the maximum extent permitted by law, the Hirer forever releases, discharges, indemnifies and holds harmless Discovery 4WD and its directors, officers, members (except the Hirer where the Hirer is a member of Discovery 4WD), employees, servants or agents against any and all claims, losses, actions, proceedings, costs, damages, demands, expenses (including legal expenses) and liabilities whatsoever arising from: (a) any claims, actions or proceedings made, brought or commenced by any person in relation to the Hirer's use of the Equipment; (b) any act, omission or misconduct of the Hirer; or (c) any breach or non-performance of the Hirer's obligations under this agreement.
10. This agreement comprises the entire agreement between the parties. Any provision of this agreement which is void or unenforceable may be severed without affecting the enforceability of other provisions. This agreement is governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland.