Legal
Terms And Conditions
Last updated: May 1, 2023
Hire Terms
These Hire Terms, together with any Hire Form and Schedules provided to a Customer, set out the agreement (this Agreement) under the terms of which the Customer or the company which the Customer represents (the Customer, you, your) will hire the Equipment from The Trustee for B E White Family Trust t/ as Frontier Tourers ABN 41 926 831 715 (Frontier Tourers, us, our).
1. HIRE FORM, THIS AGREEMENT
(a)
This is some text inThese Hire Terms will apply to all the Customer’s dealings with Frontier Tourers, including being incorporated in all agreements, quotations or orders under which Frontier Tourers is to rent Equipment to the Customer (each a ‘Hire Form’) together with any additional terms included in such Hire Form (provided such additional terms are recorded in writing).side of a div block.
(b)
The Customer will be taken to have accepted this Agreement if:
(i)
the Customer accepts a Hire Form; or
(ii)
if the Customer orders, accepts or pays for any equipment provided by Frontier Tourers after receiving or becoming aware of this Agreement.
(c)
By accepting this Agreement, the Customer acknowledges and warrants that:
(i)
the Customer has read, understood and agrees to these Hire Terms;
(ii)
the Customer:
A.
will provide copies of the Customer’s and Additional Driver’s full and valid Australian driver's licence/s to Frontier Tourers before renting any Equipment;
B.
will read and familiarise themselves with any instructional manuals and materials provided by Frontier Tourers; and
C.
has the legal capacity to enter into this Agreement.
(d)
In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except for any terms in the ‘Special Conditions’ within a Hire Form, which will prevail over the Hire Terms to the extent of any inconsistency.
2. Hire
Frontier Tourers provides to the Customer and the Customer accepts from Frontier Tourers the hire of the Equipment upon and subject to the provisions of this Agreement.
3. Payment
3.1.
FEES
The Customer must pay the Fees to Frontier Tourers, in the amounts and at the times set out in the Hire Form or as otherwise agreed in writing.
3.2.
TIME FOR PAYMENT
Unless otherwise agreed in writing, if Frontier Tourers issues an invoice to the Customer for any Fee, payment must be made by the time(s) specified in such invoice.
3.3.
PAYMENT METHOD
The Customer must pay Fees using the fee payment method specified in the Hire Form.
3.4.
ONLINE PAYMENT PARTNER
Frontier Tourers may process payments using an online payment partner (Online Payment Partner), such as PayPal. In addition to this Agreement, the Customer’s hire of the Equipment will be subject to the terms and the privacy policy of the Online Payment Partner, including any ‘no refunds’ or ‘disputes’ policies, available on the Online Payment Partner's website.
3.5.
GST
Unless otherwise indicated, amounts stated in a Hire Form do not include GST. In relation to any GST payable for a taxable supply by Frontier Tourers, the Customer must pay the GST subject to Frontier Tourers providing a tax invoice.
3.6.
CARD SURCHARGES
Frontier Tourers reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
3.7.
CREDIT CARD STORAGE
Frontier Tourers will store the Customer’s credit card details for use at a later date if required in relation to any additional charges set out in this Agreement or loss or damage to the Equipment caused or contributed to by the Customer.
4. EQUIPMENT USE
4.1.
PICK-UP AND RETURN
Unless the Hire Form includes delivery and collection services:
(a)
The Customer must collect the Equipment from the Pick Up Address at the Start Time on the Start Date.
(b)
Subject to clause 15, the Customer must, before the Return Time on the Return Date, return the Equipment to Frontier Tourers at the Return Address in the same condition as it was in on the Start Date.
(c)
For the purposes of this clause, ‘same condition’ means the same state (excluding ordinary wear and tear) and complete with (as applicable) all the included tools, tyres, accessories and equipment and in the same state of cleanliness as the Equipment was at the Start Time on the Start Date.
4.2.
DELIVERY SERVICES
To the extent that the Hire Form includes delivery and collection services (Delivery Services):
(a)
Frontier Tourers will deliver, and the Customer must ensure that it is available to accept the delivery of, the Equipment to the Delivery Address at the Start Time on the Start Date.
(b)
Frontier Tourers will collect, and the Customer must ensure that it is available to accept the collection of, the Equipment at the End Time on the End Date in the same condition as it was in at the Start Time on the Start Date.
(c)
For the purposes of this clause, ‘same condition’ means the same state (excluding ordinary wear and tear) and complete with (as applicable) all the included tools, tyres, accessories and equipment and in the same state of cleanliness as the Equipment was on Start Date.
(d)
Third party courier terms may apply to the Delivery Services. Any problems with Delivery Services should be directed to Frontier Tourers to troubleshoot the issue. While Frontier Tourers will use reasonable endeavours to deliver and collect the Equipment at the times specified in the Hire Form, these delivery and collection times are estimates only and are subject to reasons beyond Frontier Tourers’ control. Frontier Tourers does not make any representation that the Equipment will be delivered and collected will be delivered within the times indicated. Frontier Tourers will not be liable for any loss or damage arising out of or relating to late deliveries.
(e)
Frontier Tourers may, at its sole discretion, agree to delivering and/or collecting the Equipment to/from an alternate address nominated by the Customer. Where Frontier Tourers has accepted such request, Frontier Tourers may amend the Delivery Fee and the Customer must promptly pay for such amended Delivery Fee upon request from Frontier Tourers.
4.3.
LATE RETURNS
If the Customer does not return the Equipment to the Return Address before the Return Time on the Return Date, either by failing to return the Equipment to Frontier Tourers or failing to make the Equipment available to Frontier Tourers for collection (if the Hire Form includes Delivery Services) Frontier Tourers reserves the right to charge, and the Customer must promptly pay, the Late Charge in accordance with the Hire Form.
4.4.
USE
(a)
The Customer must ensure that the Equipment is only used:
(i)
in a proper and skilful manner, and with reasonable care to prevent loss or damage, by either the Customer or an Additional Driver;
(ii)
in accordance with the Equipment manufacturer’s requirements, recommendations and instruction manuals; and
(iii)
in accordance with all Laws, rules and regulations applicable to the Equipment and its use.
(b)
The Customer must not, and must not allow any third party to:
(i)
use the Equipment in any manner or purpose other than the manner or purpose for which the Equipment was manufactured;
(ii)
use the Equipment for any dangerous or illegal purpose, contest or performance test;
(iii)
allow any person except the Customer and, if applicable, any Additional Drivers to operate the Equipment;
(iv)
use, or allow the Equipment to be used, while the driver is under the influence of alcohol or drugs;
(v)
use the Equipment, or allow the Equipment to be used, when it is damaged or unsafe;
(vi)
make any alterations to the Equipment;
(vii)
affix or install any accessories, equipment or device on or to the Equipment without Frontier Tourers’ prior written consent; or
(c)
The Customer must:
(i)
comply with Frontier Tourer’s recommendations and directions in relation to use of the Equipment.
(ii)
keep any records in relation to the use of the Equipment reasonably required by Frontier Tourers, as notified to the Customer from time to time; and
(iii)
when the Equipment is unattended, keep it locked and keep the keys under the Customer’s, or if applicable, the Additional Driver’s control at all times.
4.5.
CLEANLINESS
The Customer acknowledges that the Equipment is hired out to the Customer in a clean condition. The Customer must return the Equipment in the same state of cleanliness (inside and out) it was in on the Start Time on the Start Date (Clean), including by removing all personal items and/or food from the Equipment. If the returned Equipment is not Clean and the Equipment requires extensive cleaning or detailing (e.g. if there are stains on the Equipment), Frontier Tourers may charge the Customer the greater of:
(a)
Extensive Cleaning Fee set out in the Hire Form;
(b)
Frontier Tourers’ reasonable costs of cleaning the Equipment.
5. FAULTY EQUIPMENT
5.1.
If the Equipment is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), or otherwise in the possession of the Customer or any Additional Driver, the Customer must immediately:
(a)
notify the Frontier Tourers;
(b)
stop using the Equipment;
(c)
take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment;
(d)
take all steps necessary to prevent the Equipment from sustaining any further damage;
(e)
not repair or attempt to repair the Equipment without the Frontier Tourer’s written consent; and
(f)
comply with Frontier Tourer’s directions in relation to the return of the Equipment.
5.2.
To the extent that the Equipment includes a Vehicle, Frontier Tourers may arrange for the Vehicle to be towed to the closest repair centre or contact roadside assistance.
5.3.
Subject to clause 5.4, if, upon inspection of the Equipment, Frontier Tourers determines that a Breakdown was:
(a)
caused by a fault in the Equipment (not caused or contributed to by the Customer, or any Additional Driver) (Equipment Fault) then the Company will:
(i)
to the extent that the Equipment includes Camping Equipment or Other Equipment, provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown persisted; or
(ii)
to the extent that the Equipment includes a Vehicle, Frontier Tourers will endeavour to replace the Customer’s Vehicle with a similar model and, if such a replacement is not possible, provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown persisted.
(b)
not caused by an Equipment Fault, then the Customer will still be required to pay Fees in accordance with the Hire Form.
5.4.
Clause 5.3 does not limit:
(a)
any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
(b)
any rights or remedies the Company may have access to in relation to a Breakdown, under this Agreement or otherwise.
6. ACCIDENTS, LOSS OR DAMAGE
If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Hire Term, the Customer must:
(a)
promptly report the incident to the local police (if required by Law);
(b)
promptly report the incident in writing to Frontier Tourers;
(c)
not, without Frontier Tourers’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by Law;
(d)
permit Frontier Tourers or an insurer to bring, defend, enforce or settle any legal proceedings in the Customer’s name in relation to the incident; and
(e)
provide to Frontier Tourers, within a reasonable time, any statement, information or assistance which Frontier Tourers or an insurer requests, including by attending a lawyer’s office or a court to give evidence.
7. LOSS, DAMAGE AND PERSONAL INJURY
The Customer will be fully responsible to Frontier Tourers for:
(a)
any loss or damage to the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s or an Additional Driver’s possession, notwithstanding whether the loss or damage was the Customer’s/Additional Driver’s fault, and must give reasonable notice to Frontier Tourers in writing of any such loss or damage; and
(b)
all personal injury or damage to the property of any person or any other equipment which is caused or contributed to by the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s or an Additional Driver’s possession.
8. INSURANCE AND EXCESS REDUCTION
(a)
The Customer acknowledges that Frontier Tourers will have no obligations or requirements to insure the Customer’s, or any Additional Driver’s, use of the Equipment under this Agreement.
(b)
Frontier Tourers reserves the right to apply any insurance policy it does hold in respect of
the Equipment during the Hire Term, to damage or loss caused or contributed to by the Customer, however Frontier Tourers is under no obligation to. If Frontier Tourers chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Term, the Customer will be required to pay any excess payable by Frontier Tourers in respect of such a claim.
the Equipment during the Hire Term, to damage or loss caused or contributed to by the Customer, however Frontier Tourers is under no obligation to. If Frontier Tourers chooses to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Term, the Customer will be required to pay any excess payable by Frontier Tourers in respect of such a claim.
(c)
If an Excess Reduction Charge is set out in the Hire Form, and the Customer pays this amount to Frontier Tourers before the Start Date, then the excess payable under clause 8(b) will be limited to the amount set out in the Hire Form.
(d)
Even if an Excess Reduction Charge is specified in the Hire Form, the Customer’s liability in relation to the Equipment will only be reduced to the lower excess amount set out in the Hire Form, if:
(i)
the liability was not caused or contributed to by any unlawful act or omission (including any unlawful use of the Equipment), or a breach of this Agreement; and
(ii)
Frontier Tourers’ relevant insurance policy covers that liability.
(e)
Subject to any insurance policy of Frontier Tourers that covers the Customer, which Frontier Tourers has indicated it will claim against to cover the Customer (either by accepting an Excess Reduction Charge or as otherwise agreed in writing), if the Equipment is damaged, destroyed or stolen during the Hire Term, or otherwise while the Equipment is in the Customer’s or an Additional Driver’s possession, the Customer must compensate Frontier Tourers for any costs of repair or replacement.
9. SECURITY DEPOSIT AND CREDIT CARD AUTHORISATION
9.1.
SECURITY DEPOSIT
(a)
To rent the Customer the Equipment we require the payment of a Security Deposit as set out in the Hire Form or as otherwise specified by us, to cover any fees, damage or issues with the Equipment (Security Deposit).
(b)
We may waive our right to charge the Customer a Security Deposit and instead charge additional fees in addition to any rates or daily rates applicable if the Customer does not pay a Security Deposit.
(c)
Upon return of the Equipment, we may claim the Security Deposit against any amount owed by the Customer to us under this Agreement.
(d)
We will hold the Security Deposit for approximately two (2) weeks after the return of the Equipment, until we are reasonably satisfied that there have not been any (as applicable) infringements, tolls or other costs incurred by the Customer in relation to the Equipment (Holding Period). If, after the Holding Period, the Customer does not owe any amounts to Frontier Tourers, or if the owing amounts have been claimed from the Security Deposit and there is a remaining amount, then the relevant remaining amount will be paid back to the Customer’s original payment method.
(e)
For the purposes of this clause 9, any reference to the Customer includes an Additional Driver and any person the Customer or the Additional Driver allow to operate the Equipment.
9.2.
CREDIT CARD AUTHORISATION
(a)
The Customer authorises Frontier Tourers:
(i)
to keep the credit card details they provide as part of paying the Security Deposit (Credit Card) on file; and
(ii)
to use the Credit Card to recoup any amounts owed to Frontier Tourers after the return of the Equipment, to the extent those amounts exceed the Security Deposit.
(b)
The Customer authorises and requests that Frontier Tourers debits payments from the Credit Card in accordance with this clause 9.
(c)
The Customer must ensure that the Credit Card has at all times available capacity to be charged any amount potentially payable under this Agreement.
10. MAINTENANCE
(a)
The Customer is responsible for the performance and cost of daily maintenance and care of the Equipment, including (as applicable) general tightening of any loose nuts, bolts, belts or fittings, and daily checking of all fluids (fuel, oil, water, battery levels).
(b)
The Customer is required to regularly check the Equipment for any defects in its operations or safety.
(c)
If instructed Frontier Tourers, the Customer must cover the Equipment with waterproof material in wet weather conditions.
11. ADDITIONAL CHARGES – FINES AND TOLLS
The Customer acknowledges and agrees that:
(a)
they will be responsible for the costs of (as applicable) all tolls, infringement notices and fines (e.g. tolls, parking tickets, towing fines) and any other additional charges incurred in relation to the Equipment during the Hire Term, or otherwise when it is in the Customer’s or an Additional Driver’s possession (Third Party Charges); and
(b)
if any Third Party Charge is incurred by Frontier Tourers, then Frontier Tourers will charge the Customer:
(i)
an amount equal to that Third Party Charge; and
(ii)
an administration fee as set out in the Hire Form, or as otherwise notified to the Customer, for the administration cost of receiving, verifying and handling the Third Party Charge.
12. PERSONAL PROPERTY
The Customer is responsible for removing all personal items from the Equipment prior to returning it. Frontier Tourers is not liable to any person for any loss of, or damage to, personal property that is left in the Equipment after its return to Frontier Tourers or stolen from the Equipment or otherwise lost or damaged during the Hire Term.
13. OWNERSHIP, POSSESSION AND TITLE
13.1.
OWNERSHIP
(a)
The Equipment is, and will at all times be and remain, the property of Frontier Tourers, notwithstanding delivery of the Equipment to the Customer/ Additional Driver(s) or the possession and use of the Equipment by the Customer/Additional Driver(s).
(b)
The Customer and any Additional Driver(s) will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement.
(c)
Frontier Tourers reserves the right to fit all Equipments with a GPS or other similar tracking device in order to locate the Equipment at all times.
13.2.
POSSESSION
The Customer must not (and must ensure any other user of the Equipment does not), without Frontier Tourers’ prior written consent, part with possession of the Equipment during the Hire Term.
13.3.
ENCUMBRANCES
The Customer must not allow any Security Interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except if:
(a)
a repairer’s lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Frontier Tourers’ option, Frontier Tourers may remove or satisfy the lien at the Customer’s cost; and
(b)
a Security Interest, lien or charge that arises by Law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Equipment will be free of the lien or charge.
14. PERSONAL PROPERTY SECURITIES
(a)
The Customer grants a Security Interest in all of its present and after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to the Customer, in favour of Frontier Tourers to secure the performance of its liabilities and obligations under this Agreement.
(b)
If requested by Frontier Tourers, the Customer must immediately sign any documents, provide all necessary information and do anything else required by Frontier Tourers to ensure that the Security Interest created in Frontier Tourers’ favour is a perfected Security Interest.
(c)
The Customer must not grant any other Security Interest in favour of any party until Frontier Tourers has perfected its Security Interest created under this clause 14.
(d)
The Customer must not do or permit anything to be done that may result in the Security Interest granted to Frontier Tourers ranking in priority behind any other Security Interest.
(e)
The Customer acknowledges that this Agreement constitute a security agreement for purposes of the PPSA and the Customer will do all things necessary to enable a Security Interest to be registered under the PPSA and will comply with all requirements of the PPSA.
(f)
To the fullest extent permitted by the PPSA, the Customer agrees to contract out of the application of the provisions listed in sections 115(1) and 115(7) and the sections listed therein will not apply.
(g)
The Customer hereby waives any rights they may otherwise have to:
(i)
receive any notices or statements the Customer would otherwise be entitled to receive under sections of the PPSA including the sections referred to in sections 115(1) and 115(7) of the PPSA;
(ii)
apply to a Court for an order concerning the removal of an accession under section 97 of the PPSA;
(iii)
object to a proposal of the Customer to purchase or retain any collateral under sections 130 and 135 of the PPSA; and
(iv)
receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any Security Interest created under this document.
(h)
For the purpose of this clause and other relevant clauses in this Agreement, the expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “Security Interest”, “perfected Security Interest” and “verification statement” have the meanings given to them under, or in the context of the PPSA.
15. EARLY RETURN
(a)
Notwithstanding any other clause in this Agreement, Frontier Tourers may demand the early return of the Equipment to the Return Address, or retake possession of the Equipment, if Frontier Tourers reasonably suspects that:
(i)
damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely; or
(ii)
the Equipment may be used for an unlawful purpose.
(b)
If the Customer elects to return the Equipment to the Return Address, or otherwise Frontier Tourers, before the Return Time on the Return Date, the Customer will not be entitled to any compensation or refund.
16. RISK, LIABILITY AND INDEMNITIES
16.1.
RISK
(a)
The Customer will bear all risk of loss or destruction of, or damage to, the Equipment during the Hire Term, or otherwise when the Equipment is in the Customer’s possession.
(b)
The Customer assumes all risks and liability for the Equipment and for its use, operation, maintenance, repair and storage (including but not limited to loss of profits, loss of revenue, consequential damage, inconvenience or loss of use for any period of time) and for injuries to or deaths of persons and damage to property arising in connection with such use, operation, maintenance, repair or storage.
16.2.
LIABILITY
To the maximum extent permitted by law, Frontier Tourer’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:
(a)
is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth); and
(b)
is limited, insofar as concerns other liability, to the total money paid to Frontier Tourers under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
(c)
Nothing in this Agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).
16.3.
INDEMNITY
The Customer indemnifies Frontier Tourers from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a)
the casual maintenance, use, storage or operation of the Equipment during the Hire Term or otherwise when the Equipment is in the Customer’s, or any Additional Driver’s, possession;
(b)
injuries to or deaths of persons and damage to property in connection with the Equipment during the Hire Term or otherwise when the Equipment is in the Customer’s, or any Additional Driver’s, possession;
(c)
any breach of this Agreement by the Customer or any Additional Driver; or
(d)
any negligent, fraudulent or criminal act or omission of the Customer, Additional Driver or any other person who the Customer allows to use the Equipment.
17. WARRANTIES
(a)
To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b)
Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Frontier Tourer’s liability for breach of that non-excludable condition, warranty or guarantee will, at Frontier Tourer’s option, be limited to:
(i)
in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii)
in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
18. TERMINATION
18.1.
TERMINATION BY FRONTIER TOURERS
Frontier Tourers may terminate this Agreement in whole or in part immediately by written notice to the Customer if the Customer is in breach of any term of this Agreement.
18.2.
TERMINATION BY THE CUSTOMER
(a)
The Customer may terminate this Agreement by written notice to Frontier Tourers to enquiries@frontiertourers.com.au
(b)
Upon termination by the Customer, Frontier Tourers may charge, and the Customer must pay, any Termination Fees in accordance with the Hire Form.
(c)
if Frontier Tourers breaches a term of this Agreement and has not remedied such breach within fourteen (14) days of receiving notice of the breach from the Customer.
18.3.
EFFECT OF TERMINATION
Upon termination of this Agreement, the Customer must promptly:
(a)
pay any payments required by Frontier Tourers in respect of the period of the Hire Term prior to the date of termination; and
(b)
subject to any contrary direction in writing given by Frontier Tourers, deliver the Equipment and any other goods included in a Hire Form (such as included equipment) to the Return Address.
18.4.
SURVIVAL
Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, will survive and be enforceable after such termination.
19. GENERAL
19.1.
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2.
BUSINESS DAYS
If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.
19.3.
AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the parties.
19.4.
WAIVER.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.5.
SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
19.6.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.7.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
19.8.
COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
19.9.
COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
19.10.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
20. INTERPRETATION
In this Agreement, the following rules of interpretation apply:
(a)
(singular and plural) words in the singular includes the plural (and vice versa);
(b)
(currency) a reference to $; or "dollar" is to Australian currency;
(c)
(gender) words indicating a gender includes the corresponding words of any other gender;
(d)
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e)
(person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f)
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g)
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
(h)
(document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i)
(currency) a reference to “$” or “dollar” is to Australian currency;
(j)
(headings) headings and words in bold type are for convenience only and do not affect
interpretation;
interpretation;
(k)
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(l)
(adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.
21. DEFINITIONS
In addition to capitalised terms defined in the Hire Form, capitalised terms used in this Agreement will have the following meanings:
Term
Meaning
Add-on
means any add-on with the Equipment set out in the Hire Form, including (as applicable) any global positioning system receiver or similar device or any child restraint, booster or similar equipment installed in a Vehicle.
Business Day
means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Queensland, Australia.
Fees
has the meaning set out in the Hire Form.
Late Charge
means the amount set out in the Hire Form or $110 including GST if the Equipment is returned after the Return Time on the Return Date.
Laws
means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Equipment is used and includes any industry codes of conduct.
Hire Form
has the meaning set out in clause 1(a) of these Hire Terms.
Hire Term
means the period of Equipment hire, from the Start Date, set out in the Hire Form.
PPSA
means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.
Return Address
means the return address set out in the Hire Form.
Return Date
has the meaning set out in the Hire Form.
Security Deposit
means the security deposit described in clause 9.
Security Interest
has the meaning given to it in the PPSA.
Start Date
has the meaning set out in the Hire Form.
Equipment
means the equipment specified in a Hire Form and includes (as applicable) any Vehicle, Camping Equipment, Other Equipment and Add-ons.
Schedule A – Vehicle Hire
1. SPECIAL CONDITIONS – VEHICLE HIRE
2. APPLICATION
The following terms will apply if the Hire Form states that the Equipment includes a Vehicle. These terms will apply in addition to the Hire Terms.
3. INTEPRETATION
(a)
Unless otherwise expressly stated, a reference to a clause is a reference to a clause in this Schedule.
(b)
Capitalised words and phrases used in this Schedule have the meaning given:
(i)
to that word or phrase in the Hire Form;
(ii)
by the words immediately preceding any bolded and bracketed word(s) or phrase(s); or
(iii)
in the definitions in clause 21 of the Hire Terms.
4. LICENCE
By accepting this Agreement, the Customer acknowledges and warrants that:
(a)
the Customer and each Additional Driver has a full and valid Australian driver’s licence (not a learner or provisional driver licence, or overseas licence) of a licence class that permits the Customer and each Additional Driver to drive the Vehicle;
(b)
the Customer and each Additional Driver will provide copies of the Customer’s and Additional Driver’s full and valid Australian driver's licence/s to Frontier Tourers before renting any Vehicle;
(c)
no person may use the Vehicle without a full and valid Australian driver’s licence, without express written permission from Frontier Tourers.
5. VEHICLE USE
5.1.
USE
(a)
The Customer must not, and must not allow any third party to:
(i)
drive the Vehicle on a non gazetted road, with the exception of access roads made of gravel, if they are no longer than 50 metres in length and if the speed of the Vehicle on such roads does not exceed 10 kilometres per hour;
(ii)
drive the Vehicle on a permanent or temporary racetrack or raceway, or in a four wheel drive or adventure park, or for racing trials, speed tests, pacing, contests, rallies or for endurance or skills tests;
(iii)
use the Vehicle, or allow it to be used, to carry passengers for payment of any kind;
(iv)
use the Vehicle for the conveyance or towing of any load unless the Customer receives Frontier Tourers’ prior written consent and the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured;
(v)
use the Vehicle to carry any number of persons in excess of that for which the Vehicle was manufactured. or
(vi)
immerse the Vehicle in salt water or fresh water..
(b)
The Customer must, and must ensure that any third party complies with Frontier Tourer’s recommendations and directions in relation to off-road use, including by maintaining the correct tyre pressure whilst driving off-road and reinflating when returning to bitumen.
5.2.
DRIVERS
The Customer agrees:
(a)
to ensure that any user of the Vehicle will at all times be qualified and appropriately trained and licenced to use the Vehicle; and
(b)
that they are responsible for the acts and omissions of any other person they allow to use the Vehicle.
6. FUEL
The Customer must:
(a)
ensure that the Vehicle has a full tank of petrol when it is returned to Frontier Tourers;
(b)
on return of the Vehicle to us, if the Vehicle does not have a full tank of petrol, pay to Frontier Tourers the costs of refuelling the Vehicle, charged at the rate set out in the Hire Form for each litre of petrol required to fill the Vehicle’s tank, unless otherwise agreed in writing or notified in writing to the Customer; and
(c)
only fill the Vehicle with fuel of a type that meets the Vehicle’s specifications.
7. ADDITIONAL CHARGES – FINES AND TOLLS
The Customer acknowledges and agrees that:
(a)
they will be responsible for the costs of all tolls, infringement notices and fines (e.g. tolls, parking tickets, towing fines) and any other additional charges incurred in relation to the Vehicle during the Hire Term, or otherwise when it is in the Customer’s or an Additional Driver’s possession (Third Party Charges); and
(b)
if any Third Party Charge is incurred by Frontier Tourers, then Frontier Tourers will charge the Customer:
(i)
an amount equal to that Third Party Charge; and
(ii)
an administration fee as set out in the Hire Form, or as otherwise notified to the Customer, for the administration cost of receiving, verifying and handling the Third Party Charge.
