Terms and Conditions for short term hire of Vehicle or equipment
Terms and Conditions of Standard Rental Agreement
Wild West Holdings Pty Ltd (ABN 59 165 463 466) as trustee for the Wild Family Trust and trading as ‘Wild West Hire’ of 107 Serpentine Road, Baldivis Western Australia.
Wild West Hire agrees to rent the Vehicle to the Renter for the Rental Period and the Renter agrees to take the Vehicle on hire for that period and to pay the Rental Charge set out in the price list for the Vehicle for that rental period as set out in Schedule 2 together with any applicable GST, along with any addition costs as set out in schedule 1, on these terms and conditions.
The rental agreement between Wild West Hire and You / the Renter (Rental Agreement) is made on the date shown on the Rental Document the Renter has signed in respect of the Vehicle and is made up of that Rental Document and these Terms and Conditions. The Rental Agreement, Rental Document and these Terms and Conditions apply in addition to any representation made to the Renter in writing by Wild West Hire or Wild West Hire employees, officers, or agents.
Fees and charges that Wild West Hire is entitled to charge without further consent from the Renter other than signing the Rental Agreement are set out in the Pricing Schedule at Schedule 1. Additional fees and charges for optional services or Accessories will be explained to The Renter at the time they are offered to The Renter or are disclosed in the Rental Document. OPERATIVE PROVISIONS
In these terms and conditions:
‘Accessory’ means any equipment set out in the Rental Document, including (as applicable) any, plant, tools, parts mirror extensions, straps, or any other item provided for hire by Wild West Hire in relation to the Vehicle rental.
‘Account’ means the debit card, credit card or any account to which Rental Charges are to be debited;
‘Additional Driver Fee’ means the fee payable by The Renter to Wild West Hire for the addition of an Authorised Driver aside from The Renter;
‘Authorised Driver’ means the person in control of the rented vehicle including with respect to trailers, drawing or towing whether or not the trailer is attached to any other vehicle and any additional driver who is added to the Renter’s rental as an additional Authorised Driver and approved at the time of entering the Rental Agreement and recorded on the Rental Document;
‘Australian Consumer Law’ means Schedule 2 to the Competition and Consumer Act 2010;
‘Bond’ means additional amount required to be paid by the Renter at the time of Booking or Collection of the vehicle as specified for the relevant Vehicle as detailed in Schedule 2 or otherwise advised in the Rental Document as security for any Additional Rental Charges or Recovery Costs incurred by the Renter during the Rental Period.
‘Collection Costs’ means Wild West Hire’s reasonable costs of collecting unpaid Rental Charges from The Renter;
‘Damage’ means damage to the Vehicle during the Rental Period or damage to third party property.
‘Default Rate’ means a rate of 10% per annum compounding daily.
‘Drive’ means control, movement, or manipulation of the rented vehicle including with respect to trailers, drawing or towing whether or not the trailer is attached to any other vehicle.
‘Driver’ means the person in control of the rented vehicle including with respect to trailers, drawing or towing whether or not the trailer is attached to any other vehicle.
‘Excess Amount’ means the amount shown as ‘Excess Amount’ as specified for the relevant Vehicle as detailed in Schedule 2 or otherwise advised in the Rental Document;
‘Fair Wear and Tear’ means Fair Wear and Tear includes minor cosmetic marks consistent with the intended use and purpose of the Vehicle and even wear on tyres consistent with the nature and duration of the Rental;
‘Location’ means the jurisdiction in which Wild West Hire and the Renter have agreed in writing the Vehicle may be used or, as the context requires, the premises or address at which the Renter and Wild West Hire have agreed in writing that the Vehicle may be kept, used, or garaged (as the case may be).
‘Late Return Charge’ means any amount payable by The Renter if the Vehicle is not returned on the date and by the time shown on the Rental Document or an alternative return date and time as agreed with Wild West Hire under clause 9.3;
‘Price List’ means Wild West Hire’s published price list in accordance with the Pricing Schedule (schedule 2) or as otherwise provided to Renter at the time of or prior to entering the Rental Agreement and signed by Wild West Hire;
‘Recovery Costs’ means in relation to the loss of or damage to, the Vehicle, the sum of any fees, costs, amounts and charges including: any appraisal fees actually incurred; any towing, storage and Recovery Costs actually incurred; and a reasonable administrative fee reflecting the costs of making arrangements for repairs and transporting the Vehicle, and other administrative activities as specified on the Rental Document and Pricing Schedule (schedule 1) or payable under these terms and conditions or as otherwise advised in writing by, and agreed with Wild West Hire;
‘Renter’ means the person or entity with whom the Rental Agreement is made, and with respect to obligations in relation to the use and control of the Vehicle, extends to any Authorised Driver;
‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document and Pricing Schedule (schedule 1 and 2) or payable under these terms and conditions or as otherwise advised in writing by, and agreed with Wild West Hire;
‘Rental Document’ means a legally binding contract made between Wild West Hire and The Renter, and any Authorised Driver;
‘Rental Period’ means the period commencing on the date and at the time shown on the Rental Document and ending on the date and at the time that The Renter returns the Vehicle to Wild West Hire;
‘Roadside Callout Fee’ means a charge for an individual roadside assistance callout event, as specified in the Pricing Schedule;
‘Vehicle’ means, in accordance with the Road Traffic (Administration) Act 2008, includes every object capable of being propelled or drawn on wheels, and with respect to these terms and conditions means, the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, and all accessories and contents supplied by Wild West Hire unless the context requires otherwise;
2.1 The following rules of interpretation apply in this agreement unless the context requires otherwise:
a)Words importing the singular number include the plural and vice versa. Any gender includes the other genders. Any reference to a person includes a reference to a corporation, firm, authority, government or governmental agent.
b) A reference to legislation or to a legislative provision includes all regulations, orders, proclamations, notices or other requirements under that legislation or legislative provision. It also includes any amendments, modifications or re-enactments of that legislation or legislative provision and any legislation or legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision.
c) The clause headings in, and the index to, this Rental Agreement are for reference purposes only and do not in any way influence or affect the meaning of this Rental Agreement.
d) A reference to any deed, agreement, licence, document or other instrument (including this Rental Agreement) includes a reference to that deed, agreement, licence, document or other instrument as renewed, extended, novated, varied or substituted from time to time.
e) A reference to any party to this Rental Agreement or other instrument required under this Rental Agreement or for the purposes of this Rental Agreement includes that party’s executors, administrators, substitutes, successors and permitted assigns.
f) Where under or pursuant to this Rental Agreement or anything done under this Rental Agreement the day on or by which any act, matter or thing is to be done is not a Business Day such act, matter or thing must be done on the immediately preceding Business Day.
g) Where under or pursuant to this Rental Agreement or anything done under this Rental Agreement the day on or by which any act, matter or thing is to be done is the 29th, 30th or 31st day of any month in which such a day does not occur, such act, matter or thing must be done on the last Business Day of that month.
h) References to clauses are references to clauses of this Rental Agreement.
i) A reference to winding up or bankruptcy includes bankruptcy, winding up, liquidation, dissolution, and becoming an insolvent under administration (as defined in section 9 of the Corporations Act 2001 (Cth)) and to the circumstances and events giving rise to or constituting such condition or matters.
j) A reference to writing includes any communication sent by post, text message, or email.
k) A reference to time refers to time in Perth, Western Australia and time is of the essence;
l) A reference to any costs including Fees and Charges includes any interest owing thereon under this Rental Agreement;
m) All monetary amounts are in Australian currency;
n) The word month means calendar month and the word year means 12 calendar months;
o) The meaning of general words is not limited by specific examples provided;
p) A reference to a party is a reference to a party to this Rental Agreement, and a reference to a third party is a reference to a person that is not a party to this Rental Agreement; and
q) A reference to a liability includes a present, prospective, future, or contingent liability;
3 Contract for rental
3.1 The contract (Rental Agreement) the Renter has entered into with Wild West Hire Comprises:
a) The Rental Document for the hire of the Vehicle;
b) Any confirmation email or written correspondence confirming the Renter’s booking for Vehicle Rental with Wild West Hire, whether from Wild West Hire directly, or through any third party or online booking system employed by Wild West Hire for that purpose (if applicable);
d) These terms and conditions of rental (Terms and Conditions).
Any reference to Rental Agreement refers to these documents collectively as read together.
4 Payment for rental
4.1 For Vehicle Rental’s booked in advance you will be required to prepay the expected Rental Charges via our online booking system.
4.2 If any Vehicle Rental not paid in full in advance, a Booking Deposit equal to $10 or 10% of the expected Rental Charges, whichever is greater, is required at the time of booking. This deposit will be deducted from the Rental Charges payable at the commencement of the Rental Period.
4.3 Wild West Hire may require the Renter to pay a Bond at the time of booking, or otherwise at the time of collecting the Vehicle as security in relation to any Additional Rental Charges or Recovery Charges that may be incurred during the Rental Period. Wild West Hire may apply this amount against any amount that is due and payable by the Renter in accordance with this Agreement. Any amount of Bond not applied to any amount due and payable by the Renter in accordance with this Agreement will be refunded within a reasonable timeframe following return of the Vehicle.
4.4 The Renter may cancel the rental booking free of charge provided they give Wild West Hire at least 48 hours’ notice before the Rental Period is due to start. Within 7 days of written notice of cancellation Wild West Hire will refund the prepaid Rental Charges in full.
4.5 If the Renter:
a) cancels their booking giving less than 48 hours’ notice; or
b) fails to cancel their Vehicle reservation and fails to collect the Vehicle in accordance with the booking (or as otherwise agreed in writing by Wild West Hire)
Wild West Hire will refunded the prepaid Rental Charges less $10 or 10% of the Rental Charges, whichever is greater, which shall be converted to a Cancellation Fee.
4.6 Rental Charges for the Rental Period, including any applicable Accessories, delivery, or Collection Charges, are due and payable at the commencement of the Rental Period prior to the Renter collecting the Vehicle.
4.7 Payments by Debit Card or some credit cards of amounts due under this Rental Agreement may not be acceptable or may require the provision of additional forms or identification or security.
4.8 At the time of collection of any rental Vehicle the Renter must provide an acceptable credit card or debit card as security, or other form of security as agreed in writing. Wild West Hire may pre-authorise the total estimated Rental Charges plus a Bond as indicated in the Vehicle Price List at Schedule 2 and shown on the Rental Document.
4.9 At the time of collecting and returning the Vehicle the primary cardholder, or account holder must be present.
4.10 At the end of the Rental Period, or throughout the Rental Period where any extension or changes to the Rental Period or additional Rental Charges are incurred or likely to be incurred, the Renter authorises Wild West Hire to debit from their account to pay:
a) All Rental Charges;
b) any amount paid or payable by Wild West Hire or the Renter to any person or third party arising out of the Renter’s use of the Vehicle, or imposed on the Renter or Wild West Hire by any government or other competent authority;
c) the replacement cost (as reasonably determined by Wild West Hire) for a lost or stolen Accessory; and
d) any amount which the Renter reasonably owes to Wild West Hire under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
4.11 Invoices and payment receipts will be sent to the Renter electronically to the email address nominated at the time of booking, or as otherwise advised on the Rental Document.
4.12 The Renter agrees to pay to Wild West Hire the amount of the Rental Charge set out in the price list for the Vehicle for the Rental Period, together with any applicable GST, as set out in schedule 2 of this agreement, along with:
a) Any other amounts, set out in Schedule 1, and any duties, fees, outgoings, penalties, fines, demands, charges, or costs imposed by any authority on, or in connection with, this agreement or the renter’s hiring of the Vehicle; and
b) The Renter authorises Wild West Hire to complete any documents necessary or desirable to enable the renter to make any payments through any credit card system.
4.13 Wild West Hire may supply the Renter’s details to any regulatory or enforcement authority upon its request and, if required to do so, an administrative fee will apply.
4.14 The Renter shall make all payments to Wild West Hire free from all deductions and offsets. Each payment must be made in immediately available funds by 5pm AWST on its due date or by such other time or method as Wild West Hire may direct in writing.
4.15 If the Renter fails to pay Wild West Hire any amount due under the Rental Agreement in accordance with clause 4.14 on or before its due date for payment:
a) default interest will be payable on the outstanding amount. Default interest will be calculated at the Default Rate for the period any outstanding amount remains overdue. Default interest will accrue on and from the date following the due date for payment of any outstanding amount up to the date of its payment; and
b) The Renter must pay all costs and charges Wild West Hire incur in recovering, or attempting to recover any overdue amount, including, administration fees, mercantile or debt recovery fees, commission, and any legal costs.
4.16 If the Renter makes a payment to Wild West Hire at any time, whether in connection to this Rental Agreement or otherwise, Wild West Hire may, in its absolute discretion, apply that payment in any manner they see fit.
4.17 If the Renter disputes any part of an invoice, the Renter must still pay the undisputed part as and when it is or becomes due.
4.18 If the Renter disputes any part of an invoice, the Renter must notify Wild West Hire their reasons in writing within 5 days of the invoice date, failing which, the Renter loses any right to dispute the quantum of the invoice.
5 Rental Period
5.1 The Rental Period is for the period, and at the rate, shown in the Rental Documents.
5.2 If the Renter requires the Vehicle for longer that the Rental Period, they must notify Wild West Hire at least 2 hours prior to the expiration of the Rental Period. Any extension to the Rental Period will be assessed by Wild West Hire at the absolute discretion.
5.3 If Wild West Hire have approved an extension of the Rental Period, the Renter must provide applicable credit card details and authorise payment for the Rental Charges for the extended Rental Period.
6 Inspection and acceptance of vehicle
6.1 The Renter agrees and acknowledges that prior to taking possession of the Vehicle they have inspected the Vehicle and, as a result of that inspection, are satisfied as to:
a) the condition, quality, safety and roadworthiness of the Vehicle and any accessories; and
b) the proper use and purpose of the Vehicle and that the Vehicle is fit for the Renter’s purpose.
6.2 The Renter will provide written acceptance of the Vehicle by signing the Rental Document. In accepting the Vehicle, the Renter warrants that they, including any Authorised Drivers, have the requisite skill and knowledge to operate the Vehicle in a proper and safe manner and in accordance with the intended use of the Vehicle.
6.3 The Renter agrees and acknowledges that Wild West Hire has reserved the Vehicle for the purpose of this Rental Agreement and accordingly, if the Renter fails to accept the Vehicle in accordance with clause 6.2, Wild West Hire will be entitled to liquidated damages to the amount of either:
a) The amount that the Renter would have been liable to pay under the Rental Agreement if the Renter had accepted the Vehicle and then immediately returned it to Wild West Hire; or
b) The cancellation fee under clause 4.5
The amount payable in accordance with clauses 6.3 a) or b) will be assessed by Wild West Hire, in its absolute discretion, and with respect to the circumstances and Wild West Hire’s actual loss.
7 Control of the vehicle
7.1 The Renter agrees and acknowledges that:
a) The Renter or an Authorised Driver will have control of the Vehicle; and
b) The Renter and any Authorised Driver hold a current and valid licence of the appropriate class to drive the Vehicle.
7.2 The Renter is responsible for all acts and omissions of each Authoised Driver and any other person the Renter, or an Authorised Driver allows to drive the Vehicle and neither The Renter nor any Authorised driver will have the benefit of the waiver described at 11.1 if an unauthorised driver is allowed to drive the Vehicle.
7.3 To add an additional Authorised Driver, the additional Authorised Driver must provide to Wild West Hire a copy of a current and valid driver’s licence confirming that the additional Authorised Driver is authorised to drive the Vehicle at the time the Rental Document is signed.
7.4 If The Renter or any Authorised Driver’s Licence, is or becomes, or if there is any reason to believe it may have become, suspended, cancelled, or disqualified during the Rental Period, that Driver is to cease using the Vehicle immediately and notify Wild West Hire as soon as practicable, or in any event, within 24 hours.
8 Use of the vehicle
8.1 The Renter agrees that the equipment is to be used:
a) In a skillful and proper manner; and
b) For the purpose and within the capacity for which it was designed.
8.2 The Vehicle may only be used on a road which is properly formed and constructed as a sealed, or gravel road in Western Australia. The Vehicle may only be used on graded or unsealed roads where The Renter has authorisation from Wild West Hire in writing.
8.3 The Renter must not use the Vehicle off road (e.g., on a fire trail, beach, track, grassed area or to cross streams or any other body of water) unless Wild West Hire have provided express authorization in writing.
8.4 The Renter must ensure that the Vehicle is not used:
i. for any illegal purpose, race, contest, or performance test of any kind;
ii. under the influence of alcohol, drugs or have a blood alcohol or drug content of any level (regardless of the legal limit in the State or Territory in which the Vehicle is driven);
iii. when it is damaged or unsafe in the circumstances to do so (including as it relates to weather or traffic conditions that may affect safe and proper use of the Vehicle).
iv. except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at The Renters cost) and in accordance with the Manufacturer’s Specifications and Wild West Hire’s recommendations;
v. to carry any inflammable substance which has a flash point under 8°C or any other explosive or corrosive substances (unless otherwise agreed in writing by Wild West Hire;
vi. for the conveyance or towing of any load in excess of that for which the Vehicle was manufactured;
vii. for the conveyance or towing of any load that is not correctly loaded and secured; and
viii. to prepare, commit or assist in any illegal activity or in contravention of any law.
8.5 The Renter is responsible for loading and unloading the Vehicle. If Wild West Hire, or any employee, agent, or officer of Wild West Hire assist in the loading or unloading of the Vehicle the Renter agrees to indemnify Wild West Hire, or any employee, agent, or officer of Wild West Hire for any property damage or personal injuries of any nature and incurred in any way in relation to this assistance.
8.6 Provided it is reasonable in the circumstances, the Renter must not drive the Vehicle after an accident or hitting an object (including an animal) until Wild West Hire have provided written consent to do
8.7 If during the Rental Period the Vehicle becomes unsafe or in a state of disrepair, the Renter must immediately, or in any event as soon as it is reasonably safe to do so, discontinue use of the Vehicle and notify Wild West Hire.
8.8 If the Vehicle is damaged, unsafe, or in any state of disrepair, The Renter must not have repairs to the Vehicle carried out unless Wild West Hire authorises such repairs in writing. If The Renter is approved to have repairs to the Vehicle carried out, Wild West Hire requires verification of the cost and nature of repairs.
8.9 If, in its absolute discretion, Wild West Hire assess that any damage, failure, or disrepair to the Vehicle is due to Fair Wear and Tear, and was not contributed to, in any way, by the Renters use of the Vehicle, Wild West Hire agrees to:
a) Repair the Vehicle within a reasonable timeframe;
b) Make available for the Renter’s use a Vehicle of a similar nature suitable for the Renter’s stated purpose; or
c) Adjust the Rental Charge.
Wild West Hire shall not be liable for any loss sustained by the Hirer due to any Vehicle failure.
8.10 Throughout the Rental Period, or at any time when the Vehicle is in the Renter’s control, the Renter must:
a) Keep the vehicle locked or secured when it is unattended.
b) Keep the vehicle in a clean, serviceable condition, and in good repair;
c) Use and maintain the equipment in a skillful and proper manner including supply of all oil and grease necessary for operation of the equipment at the Renter’s expense;
d) Supply all fuel or other propellants necessary of the operation of the Vehicle at the Renter’s expense; and
e) Give Wild West Hire access to the equipment for inspection at any reasonable time without the requirement of prior notice.
9 Return of the vehicle
9.1 The Renter must return the Vehicle to Wild West Hire:
a) to the place, on the date and by the time shown on the Rental Document unless arrangement have been made with Wild West Hire for a change prior to the return date and time and Wild West Hire has agreed to the change in writing; and
b) in the same condition as it was at the commencement of the Rental Period, Fair Wear and Tear excepted;
9.2 If The Renter does not return the Vehicle in a clean condition or in good repair, Wild West Hire may, in its absolute discretion, require the Renter to pay the cost of any; professional cleaning, or any other services required to return the vehicle to good repair, incurred by Wild West Hire as well as the Administrative Fee as detailed in Schedule 1 reflecting the cost of making arrangements for professional cleaning or other reasonably required services.
9.3 If The Renter returns the Vehicle at a later date or time than that shown on the Rental Document (or as otherwise agreed in writing by Wild West Hire), they may be required to, at Wild West Hire’s absolute discretion, to pay Additional Rental Charges as reasonable in the circumstances for the extended period as well as the Late Return Charge.
9.4 If the Renter returns the Vehicle at an earlier date or time than that shown on the Rental Document (or as otherwise agreed in writing by Wild West Hire), they must pay the rate that was applicable for the Vehicle for the full Rental Period as shown on the Rental Document.
9.5 If The Renter does not return the Vehicle on the date and by the time shown on the Rental Document (or any extended date or time agreed with Wild West Hire in writing) then:
a) Wild West Hire may retake possession of the Vehicle. For that purpose, the Renter authorises Wild West Hire and its employees or agents to, without notice, liability, or legal process, enter upon or into such Location as necessary to recover the Vehicle, and break open any gate, door or fastening as reasonably required to recover the Vehicle;
b) Following written notice to the Renter, and if the location of the Vehicle is unknown, Wild West Hire may report the Vehicle as stolen to the police; and
c) the Renter must pay to Wild West Hire all Rental Charges (including additional Rental Charges) and compensate Wild West Hire for any loss Wild West Hire suffers (including all reasonable additional costs Wild West Hire incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by Wild West Hire.
9.6 If The Renter has breached the Rental Agreement and said breach of the Rental Agreement (or a breach of the Rental Agreement by any Authorised Driver) has caused the downtime of the Vehicle, the Renter will be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime).
10 Loss, damage and liability
10.1 The Renter is liable to compensate Wild West Hire for any damage to or loss of the Vehicle, including theft of the Vehicle, during the term of the Rental Agreement.
10.2 Where the Renter comprises more than one person or entity, the covenants and agreements on their part contained or implied in this Rental Agreement bind them jointly and each severally.
10.3 The Renter is also liable for damage to third party property which is caused or contributed to by the Renter or an Authorised Driver or any person the Renter or Authorised Driver allows to drive the Vehicle.
10.4 If, at their absolute discretion, Wild West Hire accept that the loss or damage referred to in clause10.1 was not the Renter’s fault, they will not be liable to compensate Wild West Hire provided the Renter:
a) is a resident in Western Australia;
b) provides Wild West Hire with the following details of the incident:
i) The name, residential address, contact phone and licence number of any person involved;
ii) The registration numbers of all vehicles involved;
iii) an accurate description of the incident and location;
iv) the names of any attending police officers and the stations at which they are based;
v) the name of the insurer of any third party the Renter believes was at fault; and
c) Wild West Hire reasonably believes that it will recover the amount of loss or damage from the third party.
10.5 If the Renter’s use of the Vehicle results in damage or loss to the Vehicle or the property of any third party, or when any accident or claim of any nature arises the Renter must:
a) Report the Incident to the local police (if required by law), as soon as practicable;
b) Notify Wild West Hire in writing as soon as practicable, but in any event, not greater than 24 hours after the incident or damage occurred;
c) Except to the extent required by law, not make any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident or damage to any third party; and
d) Provide to Wild West Hire or its insurers, any statement, information, or assistance which Wild West Hire or its insurers may require, including attending at a lawyer’s office and at Court to give evidence. Any request under this clause must be complied with as soon as practicable following the request.
10.6 Wild West Hire, or any employee, officer or agent acting on behalf of Wild West Hire, are not liable to any person for any loss of or damage to any property:
a) Left in the Vehicle after its return to Wild West Hire; or
b) Stolen from the Vehicle or otherwise lost during the Rental Period.
11 Pay for loss or damage of vehicle
11.1 In some circumstances, and subject to clause 11.2, if the Renter is liable to compensate Wild West Hire, Wild West Hire may waive that liability if, the Excess Amount, stated on the Rental Document, along with any additional Recovery Costs as detailed in Schedule 1, is paid with respect to each separate event involving:
a) damage (including hail damage) to, or loss of, the Vehicle; or
b) damage which is caused by the Renter or an Authorised Driver.
11.2 The Waiver in Clause 11.1 will not apply if:
a) Damage occurs due to insufficient clearance, either underbody or overhead (including, without limitation, damage which occurs if the Vehicle comes into contact with including, but not limited to, a bridge, a tunnel, a tree, or the roof or boom gate of a car park; or damage, including but not limited to, the chassis caused by carelessly driving over gutters or kerbs or driving along poor-quality roads at excessive speeds).
b) Where damage is caused by, or contributed to in any way, by the Renter driving the Vehicle in a manner that results in total or partial inundation or immersion of the Vehicle in water or exposure of the Vehicle to salt water (including, without limitation, damage which occurs as a result of the Renter driving the Vehicle through floods, creeks or rivers);
c) Damage to the Vehicle is caused, or contributed to, by any breach of these Terms and Conditions or the Rental Agreement, including but not limited to any breach of Clauses 6 or 7; or
d) Damage to a tyre or any accessory is not attributable to Fair Wear and Tear and is caused deliberately or recklessly by the Rent
For the purposes of this clause, any reference to the Renter includes an Authorised Driver and any person the Renter or the Authorised Driver allow to drive the Vehicle.
11.3 Wild West Hire may debit the Renter’s Account with the Excess Amount at the time of damage if:
a) they are required to pay an Excess Amount under clause 11.1;
b) fault has not been determined but Wild West Hire reasonably regards the Renter as being the party at fault; or
c) The Renter or any Authorised Driver is not ordinarily a resident in Western Australia or does not hold a current West Australian drivers licence listing a current Western Australian residential address.
11.4 The Excess Amount will be debited at the time of loss, damage to the Vehicle, and / or damage to the property of any third party. If Wild West Hire subsequently comes to a reasonable belief that a third party or the insurer of a third party will pay Wild West Hire for the loss or damage to the Vehicle, Wild West Hire may, within a reasonable period of time of forming that belief, refund the Excess Amount (less any outstanding Rental Charges including any additional Rental Charges, administrative fee or Recovery Costs), or in any event, within 7 days of receiving payment form said third party or third party insurer.
11.5 If Clause 10.1, or 11.1 applies, Wild West Hire will notify the Renter of the Recovery Cost. The Renter must pay to Wild West Hire, or authorise Wild West Hire to debit their Account, the Recovery Cost and Excess Amount, at the time of loss of, or damage to, the Vehicle.
11.6 Where the Renter is required to pay Wild West Hire under clause 10.1, and the waiver at 11.1 does not apply, the amount the Renter must pay for any loss, damage, repair, cost, or fee:
a) As may be reasonably determined by Wild West Hire; and
b) in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the Replacement Value of the Vehicle at the time of the
Along with any Recovery Costs or loss to Wild West Hire.
11.7 If the amount determined by Wild West Hire and paid by the Renter under clause 11.6 exceeds the final cost of the loss, damage or repair, Wild West Hire will refund the difference to the Renter within a reasonable period of time.
11.8 If the Renter reports the Vehicle as stolen to Wild West Hire and to the police in accordance with these Terms and Conditions, the Renter must pay to Wild West Hire, or Wild West Hire will debit the Renter’s Account, the Excess Amount. Wild West Hire will initiate enquiries with the relevant authorities with a view to recovering the Vehicle. If the Vehicle is recovered, Wild West Hire will refund the Excess Amount less any amount for damage, including any Recovery Costs, arising from the theft, including the condition in which the Vehicle is found as a result of the theft.
12 Renter's warranties
12.1 The renter warrants that:
a) (If the Renter is a corporation) it is registered as a company under the Corporations Act 2001, and has the power to carry on its business and to own its property in the manner and in the locations in which such business is presently being carried on or property owned;
b) (if the Renter is a corporation) it has full power and authority under its memorandum and articles of association or other constituent documents to enter into this Rental Agreement and to do all things required by this Rental Agreement and all necessary meetings have been held and all resolutions have been passed as are required by its memorandum and articles of association or other constituent documents and any other action necessary for the execution and performance of this Rental Agreement has been taken and this Rental Agreement will constitute the legal, valid, binding and enforceable obligations of the Renter in accordance with its terms;
c) neither the execution nor the performance of this Rental Agreement will:
I) violate in any respect any statute, decree, rule or regulation or any determination, order, or award of any court or any governmental, judicial or public body or authority applicable to the Renter;
ii) cause any limitation (whether imposed by statute, decree, rule, or regulation) on any of the powers of the Renter or on the Renter’s right or ability to exercise such powers to be exceeded;
iii) conflict with or result in any breach of, or require any consent or approval under, any mortgage, agreement or other undertaking or instrument to which the Renter is a party or which is binding upon the Renter or any of the Renter’s assets; or
iv) cause any limit on the powers of the Renter in respect of borrowing, guaranteeing, raising financial accommodation or otherwise as the case may be to be exceeded;
d) The Renter is not in default or difficulty under any deed, agreement or other document or obligation to which it is a party or by which it is bound, or in respect of any financial commitment or obligation (including obligations under guarantees or other contingent liabilities), which default or difficulty is reasonably likely to adversely affect the ability of the Renter to comply with its obligations under this Rental Agreement;
e) (If the Renter is a corporation) it is in full and ongoing compliance with its memorandum and articles of association or other constituent documents and all companies and securities legislation and regulations and (whether or not the Renter is a corporation) the Renter is in full and ongoing compliance with all other legislation and regulations to which the Renter may at any time and from time to time be subject;
f) no Event of Default or event which, with the giving of notice or the lapse of time or both, would be an Event of Default has occurred or, having occurred, is continuing to subsist;
g) no litigation or administrative or other proceedings before or of any court or governmental authority or agency or other tribunal have, to the knowledge of the Renter, been initiated or threatened against the Renter or any of the Renter’s assets which would or might have a materially adverse effect upon the business, assets, or financial condition of the Renter;
h) no litigation or administrative or other proceedings before or of any court or governmental authority or agency or other tribunal have, to the knowledge of the Renter, been initiated or threatened against the Renter or any of the Renter’s assets which would or might have a materially adverse effect upon the business, assets, or financial condition of the Renter
i) the Renter is not the trustee of any trust and, accordingly, enters into this Rental Agreement on its own behalf and not as trustee of any trust
j) the particulars provided at the time of booking and as detailed in the Rental Document are correct in every respect and are not misleading in anyway including, without limitation, by omission;
k) the Renter, including any Authorised Drivers, hold a current driver’s licence valid for the type of Vehicle hired;
l) the Renter will not breach any copyright or other restriction in relation to or in connection with, the Vehicle;
m) in selecting the Vehicle the renter has not relied on Wild West Hire’s skill and judgment or on any representations made by or on behalf of Wild West Hire and agrees that the Vehicle complies with any description, is in merchantable condition and is fit for the renter’s purpose.
13 Renter's obligations
13.1 The renter will:
a) Pay all Rental Charges or other moneys payable under this Rental Agreement on the due date for payment;
b) Perform or observe any of the covenants or provisions of this Rental Agreement on the part of the Renter to be performed or observed;
c) Not make any false, inaccurate, or misleading statement having a material effect in relation to the making of this Rental Agreement or any related or collateral document;
d) Not allow the Vehicle to be abandoned or condemned, seized, or appropriated by any other person or lawful authority; and
e) Indemnify Wild West Hire for any loss (including legal costs) incurred by Wild West Hire in relation to any breach of this agreement and for any liability arising out of any such breach.
13.2 Any failure to comply with the obligations contained in this clause 13 is an Event of Default.
13.3 The Renter agrees and acknowledges that, should any Event of Default occur, its occurrence will be a breach of an essential and fundamental provision of this Rental Agreement.
14 Exclusion of liability
14.1 If the hire of the Vehicle is such as to attract the operation of Australian Consumer Law certain conditions and warranties will be implied into this Rental Agreement and rights and remedies conferred upon the Renter with respect to the Vehicle which cannot be excluded, restricted, or modified by the agreement (non-excludable terms).
14.2 To the full extent permitted by law, and subject to clause 14.1, neither Wild West Hire nor any person purporting to act with the authority of Wild West Hire, has given, any condition, warranty, or representation whatsoever in favour of The Renter:
a) As to the condition or quality of the Vehicle including, without limitation, latent and other defects and whether or not discoverable by Wild West Hire or the Renter; and
b) As to the suitability or fitness for ordinary or any special use or purpose of the Vehicle.
14.3 The Renter acknowledges that with respect to any non-excludable terms, Wild West Hire’s liability is, where permitted, limited to replacement of the Vehicle, the supply of equivalent Vehicle or the repair of the Vehicle.
14.4 No express or implied warranties, covenants or provisions, whether with respect to the Vehicle or otherwise, will be deemed to be implied into this Rental Agreement or will arise between Wild West Hire or the Renter by way of collateral or other agreement by reason of any promise, representation, warranty or undertaking given or made by Wild West Hire or any person purporting to act with the authority of Wild West Hire on or before the date of the Rental Agreement.
14.5 Any covenant or provision which is deemed by statute to be incorporated into this Rental Agreement, but the operation of which may be lawfully excluded, restricted, or modified by agreement between Wild West Hire and the Renter, is by this clause, excluded, restricted, or modified to the maximum extent permitted by law.
14.6 Subject to clause 14.1, in no event will Wild West Hire (whether before or after the expiry or termination of this Rental Agreement) be liable for any loss or damage which the Renter suffers arising from, caused, or contributed to by, any act or omission of Wild West Hire or their servants or agents, including any negligent act or omission.
14.7 Wild West Hire will not be liable for special, indirect, or consequential loss or damage as a result of a breach by Wild West Hire’s breach of this Rental Agreement, including, but not limited to, loss of profits or revenue, the costs arising from the loss of use of the Vehicle and the costs of any substitute Vehicle which the Renter acquires.
15.1 The Renter agrees to use, operate, and possess the Vehicle at the Renter’s risk. The Renter agrees that Wild West Hire will have no responsibility or liability for any loss or damage to any property of the Renter. To the full extent permitted by law the Renter releases, discharges, and holds blameless Wild West Hire its employees, officers, and agents from:
a) All claims and demands on Wild West Hire arising out of or in relation to the Renter’s use or hire of the Vehicle; and
b) Any loss or damage whatsoever and whenever caused to the Renter or its agents or employees whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from or incidental to a breakdown of, or defect in, the Vehicle or any accident to or involving the Vehicle or their use, operation, repair, maintenance or storage (whether occasioned by the negligence of Wild West Hire or otherwise) or which may otherwise be suffered or sustained in, upon or near the Vehicle.
15.2 If Wild West Hire has paid any amount for which the Renter is liable under this Rental Agreement, the Renter will be charged that amount together with an administrative fee.
15.3 To the extent permissible at law, on demand, the Renter will pay to Wild West Hire by way of additional Rental Charges an amount equivalent to any moneys paid by Wild West Hire in respect of any liability imposed on the Renter under or by virtue of this Rental Agreement, even though that any statute, ordinance, proclamation, order, regulation or moratorium present or future directly or indirectly imposes such liability upon Wild West Hire.
15.4 The indemnities and assumptions of liability contained in this clause 15 will continue in full force and effect even though the termination of this Rental Agreement whether by expiration of time or otherwise as to any act or omission relating to the Vehicle occurring during the continuance of this Rental Agreement which at any time is claimed to have created a cause of action against Wild West Hire or assumption of liability by the Renter.
16 Title to vehicle
16.1 The Renter acknowledges that Wild West Hire retains title to the Vehicle and any accessories or hired items, and that the Renter has rights to possess the Vehicle as a mere bailee only.
16.2 The Renter does not have any right to pledge Wild West Hire’s credit in connection with the Vehicle and agrees not to do so. The Renter also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession of, or otherwise deal with the Vehicle, and not to conceal or alter the Vehicle or make any addition or alteration to, or repair of, the Vehicle.
16.3 The Renter grants Wild West Hire the right, at all reasonable times upon Wild West Hire giving the Renter reasonable notice and without unduly interfering with the Renter’s operations, to:
a) enter with its servants, agents, and experts upon or into the Location;
b) inspect the state of repair of the Vehicle;
c) carry out such tests on the Vehicle as may seem necessary to Wild West Hire;
d) observe the use of the Vehicle;
e) inspect any maintenance records in respect of the Vehicle; and
f) do any act, matter or thing which may be required to be done to give proper effect to the terms of this Rental Agreement or to protect Wild West Hire’s rights in the Vehicle including recovering the Vehicle as provided for in this Rental Agreement.
17.1 Wild West Hire may terminate this agreement at any time by written notice of not less than 24 hours to the Renter.
17.2 If the Renter commits any breach, default or repudiation of this Rental Agreement, Wild West Hire may immediately terminate the Rental Agreement by written notice to the Renter.
17.3 Wild West Hire may request the immediate return of the Vehicle, or Wild West Hire may recover the Vehicle without notice, if:
a) The credit limit on the Renter’s method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle;
b) The Rental Period expires without satisfactory arrangements having been made between the Renter and Wild West Hire for any extension; or
c) Wild West Hire reasonable suspects that:
I) The Vehicle may be used for unlawful purpose;
ii) Damage to the Vehicle, or injury to persons or property, is likely to occur; or
iii) The Vehicle will be involved in an industrial dispute.
17.4 Wild West Hire may retake possession of the Vehicle at any time, whether or not they have provided prior notice to the Renter, if the Renter breaches any provision of this agreement and the Rental Agreement will be deemed to have been terminated in accordance with clause 17.2.
18 Personal property securities law
18.1 The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (PPSA) – financing statement, interested person, register, proceeds, security agreement and security interest.
18.2 The Renter Acknowledges that:
a) By renting the Vehicle from Wild West Hire, the Renter may be granting a security interest in the Vehicle (and any proceeds) to Wild West Hire, and that this Rental Agreement may constitute a security agreement;
b) Any security interest arising under this Rental Agreement attaches to the Vehicle when the Renter obtains possession of the Vehicle and not at any other time; and
c) Wild West Hire may perfect its security interest by lodging a financing statement on the PPSA register.
18.3 Wild West Hire does not need to give the Renter any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA, and that requirement cannot be excluded.
18.4 The Renter must do anything reasonably required by Wild West Hire to enable Wild West Hire to register its security interest, with the priority it requires, and to maintain the registration.
20 No waiver/ Merger /Abrogation
20.1 Wild West Hire’s acceptance of any payment from the Renter, whether before or after Wild West Hire has become aware of an Event of Default by the Renter, is accepted without prejudice to any rights and remedies Wild West Hire may have in respect of that Event of Default. Such acceptance will not operate as an election by Wild West Hire either to exercise or not to exercise any of Wild West Hire’s rights, powers, or privileges under this Rental Agreement.
20.2 Time is of the essence of this agreement, except that no delay by Wild West Hire in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
20.3 None of the terms or conditions of this Rental Agreement, nor any act, matter or thing done under or by virtue of, or in connection with, this Rental Agreement will operate as a merger of any of the rights and remedies of Wild West Hire in or under this Rental Agreement or otherwise. All such rights and remedies of Wild West Hire will continue in full force and effect.
20.4 Unless application is mandatory by law, no statute, ordinance, proclamation, order, regulation or moratorium present or future will apply to this Rental Agreement so as to abrogate, extinguish, impair, diminish, fetter, delay or otherwise prejudicially affect any rights, powers, remedies or discretions given or accruing to Wild West Hire under this Rental Agreement.
21 Statement by Wild West Hire
21.1 A statement in writing signed by a director, secretary, or officer of Wild West Hire whose title includes the word “manager” stating the amount due or owing by the Renter to Wild West Hire, the identity of the Vehicle, or any other act, matter or thing arising under this Rental Agreement as at any date or dates set out in that statement will be prima facie evidence of the facts so stated.
22.1 Wild West Hire may at any time grant a Security Interest in, assign, or otherwise deal with the Vehicle or its right, title, and interest pursuant to this Rental Agreement. The Renter must not assign or grant a Security Interest in this Rental Agreement or any of its rights or obligations under this Rental Agreement without the prior written consent of Wild West Hire.
23.1 Nothing contained or implied in this Rental Agreement will be deemed or construed to create the relationship of partnership or of principal and agent or of joint venture between Wild West Hire and the Renter. Specifically, it is understood and agreed that neither the method of computation of Rental Charges, nor any other provision, nor any acts of the Renter and Wild West Hire or either of them will be deemed to create any relationship between them other than the relationship of lessor and lessee upon the terms and conditions only as provided in this Rental Agreement.
24 Severability and survival of covenants
24.1 If any provision of this Rental Agreement is or at any time becomes void or unenforceable the remaining provisions will continue in full force and effect. Any void or unenforceable provision will be replaced forthwith by a lawful and enforceable provision which so far as possible achieves the same economic benefit or burden for Wild West Hire and the Renter as the unlawful or unenforceable provision was intended to achieve. All obligations of the Renter under this Rental Agreement will survive the expiration or termination of this Rental Agreement to the extent required for their full observance and performance.
25 Discretion on consent
25.1 In any case where, under or pursuant to this Rental Agreement, the doing or execution of any act, matter or thing by the Renter is dependent upon the consent or approval of Wild West Hire, such consent or approval may be given conditionally or unconditionally or may be withheld by Wild West Hire in its absolute uncontrolled discretion, unless this Rental Agreement otherwise expressly provides.
26 Governing Law
This agreement will be governed by the law of Western Australia.
Additional Rental Charges
|Late Return Charge||$30.00 per day, in addition to the applicable daily rental rate for each day or part thereof that the return is delayed.|
|Collection Costs||$80.00 plus 10% per annum interest on outstanding rental charges.|
|Recovery Costs||Determined by type of recovery.|
|Professional Cleaning||Administrative fee plus the cost of professional cleaning arranged by Wild West Hire.|
|Administration Fee||$25.00 or 10% of the total Rental Charges, whichever is greater|
|Excess Amount||Amount as specified for the relevant Vehicle as detailed in Schedule 2 or otherwise advised in the Rental Document|
|Bond||Amount as specified for the relevant Vehicle as detailed in Schedule 2 or otherwise advised in the Rental Document|
|Booking Deposit||10 or 10% of the expected Rental Charges, whichever is greater|
|Cancellation Fee||$10 or 10% of the expected Rental Charges, whichever is greater|
|per day loss of revenue fee||$30.00 per day, in addition to the applicable daily rental rate for each day or part thereof that the return is delayed.|
Vehicle Price List
|4 hrs||Day||Week||Bond||Standard Excess|
|Box Trailer 7 x 5||$25.00||$30.00||$150.00||$150.00||$150.00|
|Cage Trailer 8 x6||$40.00||$50.00||$250.00||$150.00||$150.00|
|Flat Top Trailer 3.5 x 2m||$50.00||$60.00||$250.00||$150.00||$150.00|
|Flat Top Trailer 5 x 2m||$80.00||$100.00||$450.00||$150.00||$150.00|
|Extendable Trailer 4.1 to 6.6 x 2m||$100.00||$120.00||$500.00||$150.00||$150.00|
|Car Trailer 5m x 2m 3500kg||$100.00||$150.00||$700.00||$300.00||$300.00|
|Car Trailer 5.8 x 1.95m 3500kg||$100.00||$150.00||$700.00||$300.00||$300.00|
|Furniture Trailer 6.7 x 1.85||$100.00||$120.00||$500.00||$150.00||$150.00|
|Excess for Drivers under 21||$600.00|
|Excess for Drivers 21 to 25||$400.00|
|Drivers over 25 years but licensed for under 2 years||$400.00|