LLEDH Pty Ltd T/A Red Centre Panel & Paint

2/3 Hele Crescent, Alice Springs NT 0870

PO Box 151, Alice Springs NT 0871

Phone: (08) 8953 5700 Fax: (08) 8953 5711

Mobile: 0437 535 700

Email:

ABN: 85 143 642 728

CONDITION REPORT AND SUMMARY OF YOUR OBLIGATIONS RELATING TO THE COURTESY CAR

Condition Report

Registration:

Make and Model:

Year of manufacture:

Existing damage as of today (mark on diagram):

Summary of obligations

Your obligations in relation to the courtesy car are set out in detail in the COURTESY VEHICLE DEED TERMS AND CONDITIONSattached to this document. For your benefit we have summarised your obligations below. You should not rely solely on this summary and should read the Deed before you sign it.

  • You must pay a deposit of $1,100 before you take the Vehicle. If the Vehicle is damaged or lost, we may use this deposit towards the insurance excess or repair of the damage. If the insurance doesn’t cover the damage or loss, you may be responsible for the shortfall. If the Vehicle is not damaged on return and you have complied with the Deed, we will return the $1,100 to you.
  • You must only use the Vehicle within 25 km of the Alice Springs CBD. You must not use the Vehicle on unsealed roads. There are other rules on the use of the Vehicle in the Deed.
  • Unless otherwise noted, only you may drive the Vehicle.
  • You must return the Vehicle with a full tank of fuel. If you don’t we will charge you for refilling it.
  • You must comply with the law and pay all fines you incur as a result of your use of the Vehicle.
  • You must return the Vehicle at the time and date stated in the Deed or earlier if requested by us.

COURTESY VEHICLE DEED TERMS AND CONDITIONS

This is aDeed between the customer described at the end of this Deed (you) and LLEDH Pty Ltd trading as Red Centre Panel and Paint (the Company). The purpose of the Deed is to set out the terms and conditions underwhich the Company allows you to use the vehicle described at the end of this Deed (Vehicle).

  1. Who do these terms and conditions apply to?
  2. They apply to the hirer of the Vehicle, to anyone who drives the Vehicle and to anyone who provides the Company with a credit card authority in relation to this Deed. When we refer to “you” we mean the hirer and anyone who provides us with a credit card authority.
  3. When we refer to “we”, “us” “our” or “Company” we mean LLEDH Pty Ltd trading as Red Centre Panel and Paint.
  4. What do you get from the Company?
  5. You get to use theVehicle for the Term (being the period of time stated at the end of this Deed as amended in accordance with this Deed).
  6. You also get to use any equipment contained in the Vehicle for the period of time stated at the end of this Deed.
  7. What must you do before you drive away?
  8. Before you leave the Company’s premises, you should inspect the Vehicle and make sure it is in the condition shown in the Vehicle Condition Report.
  9. You should report any differences immediately to the staff at the Company’s premises.
  10. No fee for normal use of Vehicle
  11. You will not be charged any fee for normal use of the Vehicle.
  12. You may need to pay us some money for the use of the Vehicle if, for example, circumstances change or if you need to pay for any damage to the Vehicle or any property. The total of all charges for your use of the Vehicle are referred to in this Deed as the Total Charges.
  13. What charges are you responsible for in relation to the Vehicle?
  14. You are responsible for the following (if applicable):
  15. fuel, which we will charge at a per litre rate that includes a labour and time cost, if you return the Vehicle with less than a full tank;
  16. traffic and parking fines incurred during the Term;
  17. an administration fee in relation to traffic, and parking fees and fines;
  18. the cost of repair to or replacement of the Vehicle or any items supplied with it such as keys, tyre change equipment, or other property you damage, and any costs associated with repair or replacement of the Vehicle, items or property (unless such costs are covered by our Insurance Policy);
  19. the cost of repair to or replacement of damaged or lost equipment, and any costs associated with repair or replacement;
  20. a charge for professional cleaning of the Vehicle where the condition of the Vehicle requires a special clean (e.g. as a result of food, drink and other stains and marks, animal fur, mud and dirt and smoke damage (including damage caused by tobacco products));
  21. towing costs if the Vehicle needs to be towed from a remote or sparsely populated area;
  22. the basic excess on our comprehensive insurance policy;
  23. interest on Total Charges and other costs not paid within 14 days of the date they are due at a rate equal to the standard business overdraft rate charged from time to time by the Territory Insurance Office; and
  24. legal and other costs which we incur in recovering any Total Charges and other costs you do not pay when we require you to do so.
  25. What are your responsibilities?
  26. You must use the Vehicle and any items or equipment supplied with it, only for the purpose for which they are designed and ensure that any equipment is fitted correctly and safely.
  27. You must take proper care of the Vehicle and any items or equipment supplied with it, during the Term, and return them to us in the same condition as when you collected them.
  28. You must obey all relevant road rules. If you don’t, we may require you to pay the full cost of any damage.
  29. You must hold a driver’s licence which allows you to operate the Vehicle unsupervised.
  30. You must observe any warning indicators that may appear in the Vehicle. If you are not sure what an indicator is telling you to do, you must contact us as soon as possible for advice.
  31. You must operate the Vehicle in the manner in which it is designed to be used and ensure you use the right type of fuel.
  32. Neither you nor your passengers may smoke in the Vehicle.
  33. You must return the Vehicle by the return date and time set out at the end of this Deedat our premises at 2/3 Hele Crescent, Alice Springs in the Northern Territory of Australia.
  34. You must not allow anyone other than the hirer to drive the Vehicle and you must not hire the Vehicle to anyone or use it for commercial gain.
  35. You must not use the Vehicle on an unsealed road.
  36. You must not use the Vehicle “off road” (e.g. on a fire trail, beach, dirt track, grassed area or to cross streams, rivers or any other body of water).
  37. You must not, unless we authorise you to do so, use or drive the Vehicle outside of 25 kilometres from the CBD of Alice Springs.
  38. You must not use the Vehicle to transport any animal other than a guide dog.
  39. You must not allow the Vehicle to be towed without our permission.
  40. What happens if the Vehicle is damaged, lost or stolen or other property is damaged?
  41. You agree that the Vehicle is delivered to you in good operating condition and with the seal of the odometer unbroken.
  42. You must notify us as soon as possible, and no later than 24 hours after an accident, of any damage or loss that has occurred by contacting our office and giving us full details. If you don’t, we may require you to pay the full cost of any damage.
  43. You must notify the police if required under the relevant road rules.
  44. You must not leave the Vehicle unattended before the arrival of a tow truck or salvage operator except if your health or safety would otherwise be endangered.
  45. You may have to contribute to the cost of repair or replacement of the Vehicle (depending on whether it is covered by our Insurance Policy).
  46. Comprehensive Insurance
  47. You acknowledge that we have taken out comprehensive insurance for the Vehicle with Vero Insurance Limited (Insurance Policy).
  48. We will provide you with a copy of the Insurance Policy on your request.
  49. Other than as set out in this Deed, we make no representations as to the terms or coverage provided by the Insurance Policy.
  50. The basic excess on the Insurance Policy is $1,000.
  51. If an event occurs in relation to the Vehicle which is covered by the Insurance Policy:
  52. We will apply your $1,000 deposit to the basic excess on the Insurance Policy;
  53. We will apply the remaining $100 of your deposit as an administration fee for us dealing with the insurer in relation to the claim;
  54. We will deal with the insurer and seek to enforce the Insurance Policy; and
  55. You will have no further claim or right against us or the insurer in relation to the matter.
  56. If an event occurs in relation to the Vehicle which is not covered by the Insurance Policy:
  57. We will apply your $1,100 deposit (or a portion thereof at our discretion) towards paying for the costs associated with the event;
  58. We may (at our absolute discretion) demand further amounts from you if the $1,100 is not sufficient to cover the costs associated with the event (and you must pay such amounts demanded within 14 days of the demand); and
  59. You will have no further claim or right against us or the insurer in relation to the matter.
  60. You acknowledge that the Insurance Policy does not cover damage to your personal belongings you place in the Vehicle.
  61. When will you have to pay more than the Deposit?
  62. Notwithstanding the above,in addition to forfeiting your deposit, you will have to pay for the full cost we incur as a result of each separate instance of an accident, damage to or loss of the Vehicle or any equipment, together with the cost of any damage you cause to other property, where:
  63. you fail to notify us as soon as possible and no later than 24 hours after any accident, damage or loss occurs, or you fail to assist us in our investigations in relation to any such accident, damage or loss (e.g. if you fail to cooperate with our investigator or you fail to attend court proceedings as reasonably required by us). You must remain in contact with us for the purpose of providing that assistance until we notify you that your assistance is no longer required;
  64. you provide us with information that you know to be false or misleading, or knowingly fail to give us all the relevant information you have;
  65. except with our written consent, you admit liability to a third party or offer or accept settlement of a claim by a third party;
  66. at the time the loss or damage occurs:
  67. the driver is not licenced to drive theVehicleunsupervised;
  68. the driver is not listed in thisDeed;
  69. the driver is driving while affected by alcohol;
  70. the driver is under the influence of any drug which affects the ability to drive a Vehicle or any illegal drug, toxin or substance;
  71. the driver is using the Vehicle for racing or time trials;
  72. the Vehicle is being used in the course of committing a crime;
  73. the Vehicle is unattended and unlocked, or the keys are not secure;
  74. the Vehicle is deliberately, carelessly, maliciously or recklessly driven into any body of water;
  75. the Vehicle is being driven off road;
  76. the Vehicle is being driven on an unsealed road;
  77. the Vehicle is being driven in a reckless, careless, dangerous or illegal manner or is being used for an illegal purpose or in a manner which would result in a criminal offence;
  78. the damage or loss is covered by any policy of insurance providing you with cover;
  79. the Vehicle is being towed without our permission;
  80. the damage or loss, whether to the Vehicle or to the property of others, is of any of the following types:
  81. damage to the top of the Vehicle caused by a collision with any overhead obstruction (e.g. bridges, car parks and other low clearance areas), and any resulting damage to any other property;
  82. damage to the undercarriage of the Vehicle, where no other part of the Vehicle is damaged at the same time;
  83. any damage to tailgate lifters, ramps and associated equipment;
  84. damage caused as a result of failing properly to secure a load;
  85. damage caused by attaching any equipment to the Vehicle (e.g. roof racks, bike racks, trailers), or using that equipment;
  86. damage which the driver or any passenger causes deliberately, carelessly, maliciously or recklessly (including mechanical damage);
  87. damage caused by using the wrong type or grade of fuel;
  88. damage or loss caused to the Vehicle’s windscreen or tyres which was not the result of a Vehicle accident;
  89. damage to or loss of any personal property owned by the driver, any passenger or anyone else, including personal property left in the Vehicle; and
  90. damage to or loss of any items supplied with your Vehicle such as keys, tyre change equipment etc.
  91. What happens if there are legal proceedings resulting from an accident involving the Vehicle?
  92. If legal proceedings are threatened or commenced, you must:
  93. notify us immediately;
  94. allow us to conduct the proceedings on your behalf;
  95. not make any admission of liability or offer to settle the proceedings;
  96. co-operate fully with us and our legal advisers, as reasonably required.
  97. If you do not notify us promptly of any claim by a third party against you, any legal costs that you incur before you notify us will be your responsibility.
  98. When will we charge you, and how much?
  99. Before the Term begins
  100. We will charge your credit card for $1,100. We will charge this at the time you pick up the Vehicle and hold it as a deposit. At the end of the Term we return this amount to you after we have deducted any money that you owe to us under this Deed.
  101. We may also pre-authorise your credit card, or take a cash deposit from you (where a cash option is available), which we will apply towards any additional charges for which you are responsible.
  102. During or after the Term:
  103. We may charge your credit card for money that you owe us under this Deed. The amount that we will charge (up to a maximum of $4,800) will initially be determined by us when you return the Vehicle and charged at a level which we estimate, in good faith, will be sufficient to cover the extent of damage. If the actual costs of or associated with the damage or loss (after crediting any recovery from third parties who may have been at fault) is less than the combined fee charged to you, we will refund the difference to you within a reasonable time after all costs have been fully quantified and any recoveries received. Alternatively, if we find that the costs of or associated with the damage or loss are not covered by our charge to you or if we find out about an additional cost only after we have refunded you, we may subsequently charge you more.
  104. We may also charge you for any other charges for which you are responsible under this Deed.
  105. Sometimes when we communicate with you we will know that you need to pay one or more of these amounts in addition to the Total Charges. This may happen, for example, if you return the Vehicle after the agreed return time. When we know we will have to charge you, we will notify you immediately of that fact and the reason for the charge and, where possible, the amount that we are going to charge or an estimate of that amount. We will then charge your credit card at the same time as we notify you (or as soon as we have ascertained the exact amount to be charged, which will normally be within 24 hours of you returning the Vehicle), unless you pay the charge in cash at that time where a cash option is available. If you have paid a cash deposit, we will deduct the additional charges from that deposit and refund the difference to you by direct deposit or cheque, usually within 7 days of settling all charges.
  106. Sometimes when we communicate with you, however, we will not know that additional charges are payable by you until after you have returned the Vehicle and left our premises. This may happen, for example, if we discover damage to the Vehicle when we inspect it, or if we receive a claim from a third party or notice of a fine. In these circumstances we will notify you by email, telephone or mail that we are going to charge your credit card (or deduct the charge from your cash deposit), the reason for the charge and the amount that we are going to charge. We will give that notification within 24 hours of inspecting the Vehicle, or of otherwise becoming aware that a charge needs to be made, and impose the charge at the same time as we notify you. However, if we reasonably form the view that you are validly disputing an additional charge, we will wait at least 48 hours after notification before we decide to charge your credit card or deduct the charge from your cash deposit.
  107. If you dispute the amount or the reason for which you will be or have been charged, you can contact us at our premises. We will promptly deal with any dispute and, if we consider that any amount should be refunded to you, we will promptly credit that amount to your credit card (or, if your credit card has not yet been charged, we will agree not to charge you that amount) or if you have paid the charge in cash we will refund you by cheque or direct deposit.
  108. Can the Company terminate your use of the Vehicle?
  109. We can terminate this Deed and your use of the Vehicle at any time at our absolute discretion giving you 4 hours notice to return the Vehicle to us.
  110. We may take possession of the Vehicle without prior demand and at your expense, if it is illegally parked, used in violation of the law or of this Deed or if it is apparently abandoned
  111. Can you terminate your use of the Vehicle?
  112. You can terminate your use of the Vehicle and return the Vehicle to us at our premises at any time during which our office is open for business.
  113. What do you have to do when you bring the Vehicle back?
  114. You must make sure that the Vehicle and any equipment is in the same condition as when you began your use of the Vehicle (except for fair wear and tear).
  115. What happens after your return the Vehicle?
  116. We will inspect the Vehicle as soon as possible after you return it to our premises. We will normally carry out that inspection on the day you return the Vehicle or, when you return the Vehicle after hours, on the day after you return it.
  117. We will notify you within 24 hours of inspecting the Vehicle if we have any concerns in relation to the condition of the Vehicle.
  118. We may charge amounts to your credit card or deduct them from your cash deposit.
  119. We will refund any deposits that we are holding in relation to this Deed and that we no longer require.
  120. What other things do you need to know about your use of the Vehicle?
  121. Unless we are negligent or as required by law, we will not be responsible for any loss (including loss of profits), damage, costs or expenses which you incur, or death or personal injury to you or any other person, as a result of your use of the Vehicle.
  122. To the extent permitted by law, our liability pursuant to any relevant Australian law is limited at our option to the replacement, repair or re-supply of the Vehicle for the remaining Term.
  123. We may register our interest under this Deed on the Personal Property Securities Register. You agree that, to the extent permitted by law, we do not need to notify you if we make, or change, such a registration.
  124. These terms and conditions will be interpreted in accordance with, and exclusively governed by, the laws of the Northern Territory of Australia and the Courts of the Northern Territory of Australia.

I HAVE READ, UNDERSTOOD AND AGREE TO THESE CONDITIONS AND RESTRICTIONS CONTAINED WITHIN THIS COURTESY VEHICLE DEED AND SIGNED IT, AND AGREED TO HAVE MY CREDIT CARD BEING BILLED IF I AM IN BREACH OF ANY OF THE CONDITIONS STATED ABOVE.