Ute Hire Terms

1. Introduction

1.1 When You rent a Vehicle from Us the contract (Hire Contract) You have with Us consists of two separate documents. They are:

(a) the agreement (Hire Agreement) You have signed to rent the Vehicle from Us; and
(b) these hire Terms and Conditions (Terms and Conditions).

1.2 The date of the Hire Contract is the date shown in the Hire Agreement.

1.3 The Hire Contract is governed by the laws of New South Wales and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.4 We may fit a GPS Device to the Vehicle to enable Us to track the Vehicle while it is out of Our possession. When you sign these Terms and Conditions You authorise Us to use the GPS Device to track the Vehicle until it is returned to Us.

1.5 The Australian Consumer Law provides You with rights that are not excluded, restricted or modified by the Hire Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislati

2. Who may drive the Vehicle?

2.1 Only You or an Authorised Driver can drive the Vehicle.

2.2 It is a Major Breach of the Hire Contract if You let anyone who is unauthorised drive the Vehicle. If there is a Major Breach of the Hire Contract there is no cover for You, the Authorised Driver or the unauthorised driver for any Damage, theft of the Vehicle or Third Party Loss.

2.3 We set a minimum and maximum age limits for those renting Our Vehicles. You and any Authorised Driver must be at least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of those restrictions before the Start of the Hire and it is shown in the Hire Agreement.

2.4 You 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. Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

2.5 The Vehicle must not be driven if Your licence or the licence of any Authorised Driver has been cancelled within 2 years of the date of the Hire Agreement.

3. Prohibited Use

3.1 The Vehicle must not be driven by You or any Authorised Driver:

 (a) if You 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;

(b) recklessly or dangerously; or

(c) whilst the Vehicle is damaged or unsafe.

 3.2 You 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) use the Vehicle:

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

(iv) in an unsafe or un-roadworthy condition.

3.3 You and any Authorised Driver must not:

a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;

(b) modify the Vehicle in any way;

(c) sell, rent, lease or dispose of the Vehicle; or

(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

3.4 You and any Authorised Driver must not use the Vehicle to carry:

(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;
(b) modify the Vehicle in any way;
(c) sell, rent, lease or dispose of the Vehicle; or
(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

3.5 You and any Authorised Driver must not:

(a) use the Vehicle to transport any pets or animals except assistance animals; or
(b) smoke in the Vehicle and You must prevent any passenger from doing so.
Additional cleaning and deodorising costs must be paid if there is a breach of this clause.

4. Where the Vehicle cannot be used

4.1 The Vehicle must never be driven on:

(a) an Unsealed Road;
(b) Off Road; or
(c) above the snow line in Victoria or New South Wales between 1 May and 31 October.

4.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:

(a) roads that are prone to flooding or are flooded;
(d) beaches, streams, rivers, creeks, dams and floodwaters;
(e) any road where the police or an authority has issued a warning;
(f) any road that is closed; and
(g) any road where it would be unsafe to drive the Vehicle.

4.3 The Vehicle must never be driven or used:

(a) outside of New South Wales; or
(b) onto any island that is off mainland Australia,

unless We have given Our prior written permission prior to the Start of the Hire and it is noted on the Hire Agreement.

5. Your obligations

5.1 At the Start of the Hire and before collecting the Vehicle You must pay:

(a) the Bond if applicable; and
(b) the anticipated Hire Charges.

5.2 The Bond is fully refundable to You at the End of the Hire provided that:

(a) all amounts due to Us under 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; and
(f) there has not been a Major Breach of the Hire Contract, and We reserve the right to retain all or part of the Bond if there is a breach of any of these conditions.

5.3 At the Start of the Hire You must also inspect the Vehicle to make sure that any pre-existing damage is noted and shown in the Hire Agreement.
5.4 You must secure any property, goods or stock carried in the Vehicle to ensure that under no circumstances will they fall from the Vehicle during transit.
5.5 At the End of the Hire You must:

(a) return the Vehicle:

(i) in the same condition it was in at the Start of the Hire, fair wear and tear excepted; and
(ii) with a full tank of fuel or a top up fuel expense will be applied at $2.50 per litre;

(b) pay the balance of the Hire Charges (if any);
(c) pay the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
(d) pay any costs We incur, including extra cleaning costs under clause 3.5, in reinstating the Vehicle to the same condition it was in at the Start of the Hire, fair wear and tear excluded;
(e) pay for all Damage arising from a Major Breach of the Hire Contract;
(f) pay for all Overhead Damage;
(g) pay for all Underbody Damage; and
(h) pay for any Damage caused by the immersion of the Vehicle in water.

5.6  You and any authorised driver must pay all 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. If a toll pass is declined during the hire you and any Authorised Driver must pay all toll fees plus an administrative fee of $30 per toll.
5.7 If You return the Vehicle with less than a full tank of fuel a refuelling charge, in addition to the cost of the fuel, will apply.
5.8 You 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;
5.9 You 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 Your possession, or that of any Authorised Driver, at all times.
5.10 You 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 the use of E10 fuel is expressly prohibited and will be charged at an additional cost of $0.50 based on fuel reciepts if used or an average ltr/km based on vehicles consumption specs; and
(e) making sure it is not overloaded.

5.11 If the Vehicle develops a fault during the Hire Period You must inform Us immediately and not drive the Vehicle unless We have authorised You to do so and You must not let anyone else repair or work on the Vehicle or towing or salvage of it without Our prior written authority to do so.
5.12 Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Hire Contract.

6. Trailers

6.1 You may tow a trailer with the Vehicle but when doing so You must comply with all road rules and regulations and You are always responsible for the correct and safe handling of the Vehicle and the towed trailer.
6.2 You must take all reasonable steps to ensure the aggregate Vehicle Mass (Vehicle plus load) does not exceed the maximum towing capacity of the Vehicle as specified by the Vehicle manufacturer.

7. Damage Cover

7.1 Damage Cover is included in the Hire Charges. Subject to these Terms and Conditions, if You or any Authorised Driver has an Accident or if the Vehicle is stolen We will indemnify You for the theft, any Damage or Third Party Loss but You must pay up to the Damage Excess for each Accident or theft unless We agree that You were not at fault and the other party’s insurance company accepts liability.
7.2 There is no Damage Cover for property, goods or stock carried in the Vehicle or for damage or theft of any trailer towed by the Vehicle (unless the trailer has been hired from Us under a separate Ute Hire Contract) and You agree to indemnify Us for any loss or damage to those property, goods or stock and trailer whether owned by You, Your customer or a Third Party.
7.3 There is no Damage Cover, and You and any Authorised Driver are liable for:

(a) Damage or Third Party Loss arising from:

(i) a Major Breach of the Hire Contract; or
(ii) the use of the Vehicle by any driver who is not an Authorised Driver; or who is less than 21 or more than 75 years of age;

(b) Overhead Damage;
(c) Underbody Damage; and
(d) Damage caused by immersion of the Vehicle in water.

7.4 There is no Damage Cover for personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:

(a) You;
(b) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
(c) any relative, friend or associate of an Authorised Driver; or
(d) Your employees;

8. Hire Period, costs and charges

8.1 The Hire Agreement shows:

(a) the Hire Period for which You have hired the Vehicle; and
(b) the Hire Charges.

8.2 We will provide You with a Vehicle that is of acceptable quality and in good working order taking into account the age of the Vehicle.
8.3 A daily limit of 100 kilometres applies unless You have Our prior written approval to have this limit waived and it is noted on the Hire Agreement. For each day You exceed that limit You will incur an additional fee of twenty two cents (22c) per kilometre.
8.4 At the End of the Hire You must return the Vehicle on the date and by the time shown in the Hire Agreement. If You fail to return the Vehicle, We may terminate the Hire Contract and if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.
8.5 If You return the Vehicle:

(a) more than one hour after the time set for its return in the Hire Agreement We will charge You $25 per hour up to one full day’s hire and a further full day’s hire at the standard rate for each 24 hour period or part thereof until the Vehicle is returned to Us; or
(b) at any time, other than during Our normal business hours You must pay for the daily Hire Charges and all Damage until the Hire Location next opens for business.

8.6 At the End of the Hire You must also pay for all amounts owing pursuant to clause 5.5 and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 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 You as soon as practicable. If any amount is due to Us or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Hire.

8.7 If You default in the payment of any moneys owed to Us under the Hire Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 7 days and the debts owed to Us.

8.8 After 7 days the hire has expired, any outstanding debts remaining will be passed onto a debt collection agency for the recovery and all collection agency fees and future legal cost will be forwarded to you in addition to our outstanding debts owed by you. 
8.9 Cancellation If:

(a) Your booking is cancelled within 24 hours prior to the Start of the Hire; or
(b) You fail to notify Us of Your intended cancellation prior to the Start of the Hire and fail to pick up the Vehicle, You will be charged the hire charges for the Hire Period as booked unless We are able to rent the Vehicle to another renter for an equivalent term and rate.

9. Toll Charges

9.1 If the Vehicle is not fitted with an electronic device (e-tag) for use of the Vehicle on toll roads.
9.2 It is Your responsibility to fit an e-tag but if You fail to do so:

(a) You must pay for any charges relating to tolls incurred by You during the Hire Period; and
(b) if We are required to nominate You as the responsible party, We will charge You an Administrative Fee for each nomination.

10. Accidents or breakdowns

10.1 We will provide You with a Vehicle that is of acceptable quality and in good working but breakdowns do occur. If the Vehicle breaks down during the Hire Period because of Our negligence We will recover and repair the Vehicle as soon as possible. If the Vehicle cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.
10.2 We are not responsible for:

(a) Damage as a result of use of the incorrect fuel type;
(b) a flat battery because the lights or entertainment systems have been left on;
(c) tyre changing;
(d) lost keys or remote control device; or
(e) keys or remote control device locked in the Vehicle, and extra charges will apply if any of these services are provided at Your request.

10.3 If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.
10.4 If the Vehicle is stolen or if You 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 or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.

10.5 If You or an Authorised Driver has an Accident You and the Authorised Driver must:

(a) exchange names and addresses and telephone numbers with the other driver;
(b) take the registration numbers of all vehicles involved;
(c) take as many photos as is reasonable showing:

(i) the position of the Vehicles before they are moved for towing or salvage;
(ii) the Damage to the Vehicle;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;

(d) obtain the names, addresses and phone numbers of all witnesses;
(e) not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
(f) forward all third party correspondence or court documents to Us within 7 days of receipt; and
(g) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer’s office or any Court hearing.

11. Consequences of a Major Breach of the Hire Contract

11.1 If You or any Authorised Driver:

(a) commit a Major Breach of the Hire Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or
(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation, including the Crimes Act 1900 (NSW), has occurred, You and any Authorised Driver:

(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur as direct consequence thereof.

11.2 Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Vehicle if a breach of any part of clause 11.1 has occurred.

12. Early Hire Terminations by Us

11.2 Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Vehicle if a breach of any part of any of these ute hire terms are broken and all cost of recuperation to be forwarded to you including but not limited to our worked hours, administration cost and any consumed equipment such as fuel cost or other associated cost in retrieving the vehicle. During the recuperation process, if You fail to hand back the Vehicle or become unresponsive we may report the Vehicle as stolen to the Police and begin processors for an insurance claim for its theft and full replacement cost from you.

13. Cost of Recovery

The debtor/s shall pay for all costs actually incurred by Ute Hire Wollongong in the recovery of any monies owed under this Agreement including recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

14. Definitions

When You read these Terms and Conditions You will see that there are a number of terms that occur regularly throughout this document. These words or phrases have a specific meaning each time they appear and You should familiarise Yourself with them.
Accident means an unintended and unforeseen incident, including:

(a) a collision between the Vehicle and another vehicle or object; or
(b) a weather event, including hail Damage, that results in Damage or Third Party Loss.

Administrative Fee means a fee of up to $55 including GST for the administrative costs associated with Your hire.
Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Hire Agreement prior to the Start of the Hire.
Bond means the amount shown on the Hire Agreement We collect from You at the Start of the Hire as security for the Hire Charges and other fees and charges incurred during Your hire.
Damage means:

(a) any damage to the Vehicle including its parts, components and accessories that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) 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, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Vehicle has been stolen.
End of the Hire means the date and time shown in the Hire Agreement or the date and time the Vehicle is returned to Us, whichever is the later. GPS Device means a
GPS or other device that is fitted to the Vehicle that has electronic tracking capabilities.
Loss of Use means Our loss calculated on a daily basis at the daily 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, 2.1, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.9, 5.10, or 5.11 that causes Damage, theft of the Vehicle or Third Party Loss.
Off Road means any area that is neither a sealed or 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.
Overhead Damage means:

(a) damage at or above the level of the top of the front windscreen of the Vehicle; or
(b) Third Party Loss, caused by:

(i) contact between the part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(ii) objects being placed on the roof of the Vehicle; or
(iii) You or any person standing or sitting on the roof of the Vehicle.

Hire Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Hire Agreement.
Hire Location means the location from which the Vehicle was rented, as shown on the Hire Agreement.
Hire Period means the period commencing at the time shown in the Hire Agreement and concluding at the End of the Hire.
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 claim for third party loss of income.
Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Vehicle means the Vehicle described in the Hire Agreement and includes its parts, components and
accessories, including the GPS unit.
We, Us, Our, means Ute Hire Wollongong ABN 93 140 363 873.
You, Your means the person, whether it is an individual, a firm or company that rents the Vehicle from Us and whose name is shown in the Hire Agreement.