Vehicle Rental - Additional Rental Terms

14. Subhire

You are permitted to subhire the Vehicle to your customer in accordance with the Hire Documents provided you comply with this clause 14.

14.2 Additional prohibitions

You must not:

a) permit the Vehicle to be used in a manner inconsistent with this Agreement; or

b) amend, vary or replace any provisions of any Hire Document to the extent it affects the Vehicle without providing ORIX with prior written notice of the relevant amendment, variation or replacement; or

c) permit your customer to subhire the Vehicle to any person without the prior written consent of ORIX.

14.3 Additional obligations

You must:

a) comply with all terms of the Hire Documents, including in respect of the maintenance of the Vehicle;

b) enforce your rights under the Hire Documents in respect of the Vehicle, including in respect of all obligations of your customer with regards to the use, operation and maintenance of the Vehicle;

c) notify us of any termination of the Hire Documents with your customer (for whatever reason) and return of any or all of the Vehicle, and provide details on the subsequent re-hire of the applicable Vehicle, including details in relation to your customer and copies of the Customer Documents, and ensure that all PPS registrations are made accordance with clause 14.4;

d) ensure that where an event of default has occurred under your Hire Documents and is continuing, all payments received by you under the Hire Documents are paid directly to us.

e) maintain the Vehicle in good condition (Fair Wear and Tear excluded).

f) keep the Vehicle fully, properly and punctually maintained and serviced;

g) comply with the manufacturer’s or supplier’s recommended service schedule; and

h) comply with any manufacturer’s or supplier’s instructions and any log book provided by the manufacturer or supplier.

i) must provide us with information relating to the maintenance, repair and servicing of the Vehicle at our request, acting reasonably.

14.4 Additional PPS obligations

You must effect registrations on the PPS Register in respect of each supply of a Vehicle to your customers.

You must take all steps under the PPSA to continuously perfect any such security interest including all reasonable steps:

a) for you to obtain the highest ranking priority possible in respect of the security interest (such as perfecting a purchase money security interest by registration on the PPS Register within the time periods prescribed by the PPSA and in accordance with the regulations published under the PPSA); and

b) to reduce as far as possible the risk of a third party acquiring an interest free of the security interest (such as including the serial number in a financing statement for personal property that may or must be described by a serial number).

14.5 Insurance exclusion

You acknowledge that the non-return of a Vehicle by your customer to you or to us is not covered by the Loss Liability Charge.  You will be liable to pay us for the non-return of a Vehicle up to the replacement cost of the Vehicle at market value (as determined by an independent source (e.g. Pickles sales values, Redbook)).

14.6 Non-refundable first week

We will charge in advance for the first week.  If you return the Vehicle to us before the end of the first week, we will not credit or refund any amounts to you for the remaining days after the return of the Vehicle in that first week.

14.7 Additional definitions

The following definitions are deemed to be included in clause 13.

Customer Documents mean any document (including identity documents) provided by your customer and/or relied on by you to enter into the Hire Documents and to provide the hire to that customer.

Hire Documents mean each document between the Customer and its customer for the hire of the Vehicle, including any purchase orders, lease or hire schedules.

PPS Register means the register of security interests established under the PPSA.

PPSA means the Personal Property Securities Act 2009 (Cth).

Additional clauses (carriage of dangerous goods)

The following clauses apply in relation to the use of the Vehicle to carry dangerous goods.

15.1 Carriage of dangerous goods

You are permitted to use the Vehicle to transport dangerous goods as defined in the Australian Code for the Transportation of Dangerous Goods by Road or Rail (ADG Code) where:

a) the Vehicle is specifically designed to do so;

b) the dangerous goods being transported is limited to classes 2, 3, 4, 5 , 8 and 9 as defined in the ADG Code;

c) you warrant you have the required insurance to cover the use of the Vehicle as specified in the Dangerous Goods (Transport by Road or Rail) Regulations 2008 as amended from time to time, and have provided us with a copy of the certificate of currency for that insurance;

d) you warrant that you will comply with all required obligations as set out in the ADG Code, including but not limited to ensuring the Vehicle is displaying appropriate placards and has the appropriate firefighting equipment, spill kit and personal protective equipment for the class of the dangerous goods being carried at any point in time, and on our request, acting reasonably, provide evidence to us that you have complied with this.