SECTION A: VEHICLE TERM OF HIRE
The COMPANY will let and the hirer will take the motor vehicle, details of which are described in the "RENTAL FORM" on page 1 ‘RENTAL FORM’ (herein referred to as "the VEHICLE"), for the term of hire as described in the "RENTAL FORM".
1. AUTHORIZED USE
The VEHICLE may be used ONLY by an AUTHORIZED DRIVER. An AUTHORIZED DRIVER is:
- a. You, the HIRER/DRIVER(S), and/or;
- b. A licensed driver who has been accepted by the COMPANY as an additional HIRER as referred to on page 1 of ‘Rental form’
2. PROHIBITED USE The vehicle cannot be used
- a. By anyone other than an authorized driver in the contract;
- b. To push or tow anything,use, participate in a race, test, contest or training activity;
- c. For autonomous driving setup, testing and operations without written permission.
- d. For any illegal purposes or in the commission of a crime;
- e. While under the influence of alcohol or drugs;
- f. To intentionally cause damage, or engage in willful, wanton or reckless misconduct;
- g. Outside of our geographic driving restrictions and in any event outside of Singapore without consent from COMPANY
- h. For Grab, Uber or related services unless subscribe within this contract
- i. To sublet or hire the vehicle to any other person;
- j. To Operate the vehicle, or allow it to be operated, in breach of traffic laws and bylaws and any rules from LTA
Infringement of the above shall forfeit rental + deposit or full month rental whichever is higher. Any other damages shall be held liable for repair cost and loss of revenue.
3. NON-SMOKING & POLICY
We maintain a non-smoking fleet. There will be a stiff penalty as per Section B, 2d if we detect the smell of cigarette / tobacco within the car.
4. VEHICLE CONDITION AND RETURN
The VEHICLE is delivered to you in good operating condition. You agree to return the VEHICLE in the same condition in which you received it (except for ordinary wear and tear) to the COMPANY’s location at the place and on the date specified on “HIRER FORM” of this agreement, or sooner on demand by the COMPANY or obtain the COMPANY's consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). Upon return of the vehicle, in addition to the payment specified in the “RENTAL FORM”, the hirer acknowledges that they shall be liable at the end of the hire term to pay to the COMPANY any applicable additional charges payable at the end of the term. These include, but are not limited to:
- a. a fee to cover additional drivers; a surcharge for drivers under the age of 22 or less than 18 mth driving experience;
- b. charges for petrol or other fuel used (but not oil) AND NOT RETURN to the same level during collection;
- c. charges for late return of the vehicle;
- d. charges for cleaning the vehicle's interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odors including cigarette smoke;
- e. traffic and/or parking offense infringement fees;
- f. material damage to the car interior beyond normal wear such as broken equipment, buttons, plastics, deep unrecoverable scratches on dashboard panels, radio equipment and other functional items
If you wish to collect or return the VEHICLE to your specified location other than the location specified by the Company, there will be additional charges, please refer to Appendix A
If the hirer does not return the vehicle, the COMPANY may report the vehicle as stolen to the Police and the hirer must compensate the COMPANY for either the full cost of the vehicle, or all additional costs and losses incurred up to the time that the vehicle is recovered by the COMPANY. You will pay to the COMPANY on demand all loss or damage to the rented VEHICLE regardless of the manner by which such damage was incurred, while rented under this agreement. All costs incurred by the COMPANY for the collection of the unpaid money by a debt collection agency or other external or legal agency; and
Any total loss shall be calculated as the replacement cost of the rented vehicle as described on “RENTAL FORM” of this agreement plus any and all expenses. You will pay to the COMPANY on demand all towing charges, storage charges, impound fees, claims administration charges, diminished value of said vehicle and damages for loss of use for the vehicle while being repaired and/or out of service. Loss of use shall be deemed to be the number of days the rented vehicle is out of service multiplied by the daily rental charge set out on “RENTAL FORM” of this agreement.
The COMPANY reserves the right to withhold, deduct, recover from the deposit under the following conditions:
- a. Withhold deposit for 1 week to ensure fines are checked and fully settled
- b. Withhold deposits, while determining the cost of repair for any damages and deduct from the deposit for any damages.
- c. if there are unsettled traffic or parking offenses.
- d. Late rental payment fee of $30 per day.
- e. Late fee for returning of vehicle late without prior arrangement and payment with the COMPANY. Late return fee of $150 plus pro-rata of vehicle rent will be imposed.
- f. In the event of non-payment and eventual recovery of the VEHICLE, the total deposit will be forfeited. Personal items of the HIRER will be confiscated, items will be released upon full recovery of cost plus $350 administration fee. The COMPANY reserves the right to dispose of uncollected items within 30 days.
- g. If the HIRER intentionally breach any of the terms of hire such as but not limited to travel beyond the agreed geographic restrictions as per the contract, sublet vehicle to third party, allow another driver than the named driver(s) specified on “RENTAL FORM”, carry out illegal activities or used in violation of any law, made false representation and declaration on “RENTAL FORM” or about his Driver Improvement Points, the COMPANY reserves the rights to forfeit HIRER’s full deposit or 1 month full rental fee whichever is higher.
- h. Upon discovery of hirer non-disclosure of information, deception, provision of false information, related to this contract, the COMPANY reserves the right to forfeit HIRER’s full deposit or 1 month full rental fee whichever is higher.
- i. If the car is impounded or hirer arrested by the police, custom, LTA or any other government agencies for any commission of crime by the HIRER or accomplice or any other 3rd party during the rental period for whatsoever reasons, the HIRER’s deposit will be forfeited + 1 month rental fee, any additional fees or lost of revenues resulted will be charged to the HIRER.
- j. Send the vehicle to VICOM / STA inspection centers whenever it is due and required by LTA.
- k. Excess fuel, cash card, accessories installed by the hirer cannot be encashed and non-refundable.
Section B: HIRER’S OBLIGATIONS
1. HIRER’S RESPONSIBILITIES
The hirer shall ensure that:
- a. all reasonable VEHICLE is taken when driving and parking the vehicle;
- b. the water in the vehicle's radiator and battery are maintained at the proper level;
- c. the oil in the vehicle is maintained at the proper level; send the vehicle to an authorized workshop for regular servicing when due.
- d. only the fuel type specified for the vehicle will be used;
- e. the tyres are maintained at their proper pressure; any damages due is the hirer's responsibility.
- f. the vehicle is locked and secure at all times when it is not in use and the keys kept under the hirer's personal control at all times;
- g. the distance recorder or speedometer are not interfered with;
- h. no part of the engine, transmission, braking or suspension systems are interfered with;
- i. should a warning light be illuminated or the hirer believes the vehicle requires mechanical attention, the hirer will stop driving and inform the COMPANY immediately;
- j. The Hirer should go to the authorized workshop for regular 10000 km service, failure to do so, any repairs related to delay in servicing shall be borne by the hirer. If the service mileage exceeds 1200 km, the hirer shall bear the maintenance fee.
- k. Ensure never to leave the car lights and electrical on when the engine is off as it will drain the car battery.
- l. Bringing the car for vehicle or IU inspection at VICOM or STA where required by the authorities
The hirer is liable for:
- a. any loss of, or damage to, the vehicle and its accessories; including damages to vehicle cabin / interiors such as the dashboard, door panels, aircon vent, audio equipment, buttons etc.
- b. ANY ABUSE, MISUSE of the vehicle such as but not limited to excessive speeding, revving the car, participation of drag race, car testing, resulting in damages to performance, serviceability or damages of the vehicle.
- c. battery replacement, towing / any emergency assistance due to careless & excessive drainage and use of car battery when the engine is off such as leaving the lights on.
- d. any consequential damage, loss or costs incurred by the COMPANY, including salvage costs, loss of ability to re-hire and loss of revenue that is unable to claim insurance or third party; and
- e. any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
- f. any increase of insurance premiums, loss of NCD, accident excess payment & collision damage.
- g. payment of VEP via eWallet as required by the Malaysian authorities and whatever toll charges imposed.
2. FINES, PENALTIES, TRAFFIC OFFENSE:
- a. FINES AND PENALTIES: AUTHORIZED HIRER/DRIVER(S) will pay all fines, penalties, forfeitures and court costs imposed for parking, toll charges and/or traffic violations with respect to the VEHICLE while rented under this agreement. The HIRER/DRIVER(S) will promptly report such violations to the COMPANY harmless from all claims arising out of such violations.
- b. THE HIRER will also pay all administrative fee, including third party cost with respect to any violation of this agreement, such as for repossessing or recovery of the VEHICLE and rental fees.
- c. The COMPANY may also charge an administration fee of $100 to cover the cost of processing and sending to the hirer notices related to traffic and/or parking infringements. Should any fines result in requiring the COMPANY to attend COURT, HIRER’s deposit will be forfeited.
- d. Schedule of penalty charges, on top of any other fees forfeitures where hirer is liable
3. HANDLING ACCIDENTS AND OTHER OCCURRENCES.
- a. The Hirer or authorized driver shall report all accidents involving the said vehicle to the COMPANY immediately and should there be bodily injuries also to the police not later than 24 hours after the accident. The Hirer or authorized driver shall not admit or compound any claim either partially or in full. Hirer is to secure the names and addresses of all witnesses as well as the registration number of all vehicles involved in the accident, take photos of the accident site immediately and to send all evidence to the COMPANY. All communications or letters received from the police or third parties are to be referred to the COMPANY immediately. The Hirer shall not abandon the said vehicle without adequate provisions for safeguarding and security at the same time. Failure to comply will render the Hirer liable for all costs and third party claims and to pay up the excess to the Company immediately.
- b. If the hirer is involved in a Hit and Run accident,he would be liable for police investigation and FULL excess payment.
- c. In case the Vehicle is STOLEN, THE HIRER should report to the COMPANY immediately, followed by the police report
- d. THE HIRER will deliver to us an eligible copy of any service of process, pleading, or notice of any kind relating to a claim or suit in connection with any accident involving the vehicle.
- e. The vehicle is installed with a Dash camera and GPS for the purpose of capturing evidence in submission for accident claims. The COMPANY has the right to monitor, track and locate the VEHICLE for recovery of vehicle in case of theft, accidents, VEHICLE jacking, defaulted payment, vehicle breakdown or any breach of contract.
- f. If the incidents happen outside Singapore, i.e Malaysia, the Hirer is fully responsible for recovery of the vehicle to the Company workshop unless hirer opt-in additional value add paid services and options.
- g. Any incidents including flood or other natural causes resulting in damages to the car, hirer to report to the Company. Damages should be assessed accordingly and determined if claimable under insurance. Otherwise it is the hirer's responsibility to pay for the damages due.
4. MECHANICAL REPAIRS AND ACCIDENTS
- a. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the COMPANY of the full circumstances by telephone immediately.
- b. The hirer shall not arrange or undertake any repairs or salvage without the COMPANY's authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
- c. If the vehicle requires repair, there is generally no replacement car within 1-2 days. The decision to supply another replacement vehicle to the hirer is at the COMPANY's sole discretion and subject to availability.
- d. If the vehicle is faulty and requires repairs, the Company may at its own discretion decide if it is worth repairing the vehicle, or to scrap the vehicle. The Company does not warrant finding a replacement vehicle.
- e. The maintenance and wear and tear replacement is also subjected to reasonable fair use or limited mileage per month or item where specified in the contract. Excessive or improper use of the car such as hard acceleration, braking, high speed cornering, careless/reckless driving, or evidence of not treating the car with due care, any activities resulting in higher wear and tear will not be covered by the company maintenance. The hirer will be held responsible for such unwarranted maintenance and repairs
- f. There is no reimbursement of rental fee during repairs or maintenance, and replacement vehicles are subjected to availability.
- g. The hirer will still need to make an accident report even If the hirer agrees to settle the accident repairs privately.
- i. If the hirer is at fault, or if the hirer agrees to pay for the accident, the hirer will be responsible for all claims made by the other party, the hirer will also be responsible for paying the damages and repairs incurred on the rental car
- ii. Where the hirer is at fault, the hirer will continue to pay for the rental fee during repairs
- iii. If the hirer is not at fault, replacement vehicle will be subjected to insurance claim
- iv. If both parties agree to settle privately, there will be no replacement vehicle or deduction
- h. If insurance for own damage is being claimed successfully, the hirer will still need to pay up to the prescribed excess fees of $3,000 or higher as per excess stated in the contract and policy requirements.
- i. In the event the car met with an accident in Malaysia, the hirer is responsible for making the necessary police report.
- j. In the event the car breaks down in Malaysia, the hirer is responsible to recover the vehicle back to Singapore or designated workshop in Malaysia.
- k. In the event the car is damaged by fire, or due to natural disaster or extreme weather conditions, the car will be subjected to respective insurance coverage. 3rd party insurance coverage does not cover the above damages.
5. PAYMENT
The HIRER shall make prompt payment according to schedule to the COMPANY via prescribed Internet transfer or authorize the COMPANY to make deduction via a given credit card
- a. The hirer shall pay the COMPANY for the hire of the vehicle the sum or sums specified in the "RENTAL FORM"; and authorizes the COMPANY to charge all amounts payable to the hirer's account. The hirer's account means a nominated debit card, credit card, or pre-arranged charge account. Bank charges may apply accordingly where required.
- b. If the AUTHORIZED DRIVER fails to make payments required under the agreement to the COMPANY, all expenses of collection and/or repossession, including court costs and lawyer fees or recovery agencies incurred by the COMPANY in pursuing the claim against the AUTHORIZED HIRER/DRIVER(S) will be paid by the AUTHORIZED HIRER/DRIVER(S).
- c. A daily rate of $30 will be imposed for any late payment. The Company reserves the right to recover, repossess the vehicle without notice, any time, whenever the rental fee is not paid on time.
SECTION C: COMPANY’S OBLIGATIONS
1. SERVICE AND MAINTENANCE
- a. The COMPANY shall supply the vehicle in a safe and roadworthy condition, up to current LTA’s required roadworthiness inspection standards. As this is a used car, the company does not warrant replacement for normal wear and tear, which may result in some noises, some level of comfort or performance degradation unless it concerns safety of use.
- b. The hirer is responsible for the cost due to excessive use beyond the contractual limit.
- c. Regular servicing such as 10,000km engine oil change, tyre rotation, tyre replacement, brake pad/disc replacements where necessary. The COMPANY will advise the RENTAL to send the vehicle to an authorized workshop for necessary maintenance or repairs. Failure to adhere strictly to the maintenance schedule, the hirer will have to pay oil servicing and parts replacements as a result of negligence.
- d. Provision 24H VEHICLE RECOVERY hotline
- e. Support and advise hirer pertaining to rental car matters.
2. LIABILITY INSURANCE
The COMPANY has obtained all mandatory automobile insurance as required by law with respect to the VEHICLE. By driving this VEHICLE, AUTHORIZED DRIVERS are agreeing to comply and be bound by all terms, conditions, limitations and restrictions of this insurance policy which are made a part of this rental agreement. The COMPANY will not provide” uninsured motorists”, “underinsured motorists”, “supplemental”, “no fault”, or any other optional insurance coverage unless such coverage is required by law. To the extent permitted by law, the HIRER/DRIVER(S) and the COMPANY reject the inclusion of any such optional coverage. The hirer is subject to insurance excess of minimum $3,000 or whichever higher amount imposed by the respective insurance policy or this agreement on the face page of the contract car details. Upon involving any accidents, the Hirer will need to deposit the excess as stated in the contract to the COMPANY immediately if the accident occurs in Singapore. The HIRER is responsible for damage repair of the company car with excess as per stated in the contract. If the accident occurs in Malaysia, or if the vehicle is stolen, the hirer will need to deposit $5,000 immediately, pending the resolution of insurance claims outcome, if the claim is successful, the amount minus any ancillary fees will be refunded.
In any case case for whatsoever reasons the insurance are not claimable resulting a total lost, the limitation will be based on offset of the car average market value based on SGCarmart minus amount claimed from insurance plus the remainder contract value or daily / weekly / monthly rate till the end of car COE eligibility date.
In the case where
- There is no signed agreement of private settlement between both parties, hirer to pay Own and 3rd party Excess pending insurer’s investigation
- If the insurer finds the fault with third party and therefore no claims is levied against the COMPANY, there will no excess payment
- Clearly the 3rd party admitted fault, own Excess payable until the claim is settled.
- Clearly hirer is at fault, Excess payable for both own and third party
- Each agrees to claim their own insurance, hirer to pay their own excess.
- Each party decides on private settlement, the hirer to repair the damage in a satisfactory condition according to the Company’s requirements.
- The rental contract is more than 1 year or crossed the insurance renewal, the hirer is to top the insurance premium imposed by the insurer.
- The hirer can choose to reduce excess amount with Excess Reduction Option
- Where the insurance is “TPO” 3rd Party Only, or “TPFT” 3rd Party Fire and Theft as indicated in the contract, upon accident
- Where damages are not related to traffic accidents; such as hit and run cases, natural disasters or extreme weather conditions, hirers report to the Company. Claims will be subjected to Insurer review and extent of insurance coverage. Own damage claims will be subjected to the stipulated excess payment. Hirer is responsible for any full damage payment should the insurer deem the claims invalid for whatsoever reasons. the hirer to pay up his own non-waiver damage excess as indicated in the contract.
3. INSURANCE EXCLUSIONS
- a. at any time when the driver of the vehicle is under the influence of alcohol or any drug or any acts of negligence;
- b. at any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;
- c. at any time when the vehicle is driven by anyone not named or described in the "RENTAL FORM" as a person permitted to drive the vehicle
- d. at any time when the vehicle is willfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer's authority or control;
- e. at any time when the driver commits a traffic offense while driving the vehicle;
- f. at any time when the vehicle is loaded or is being loaded in excess of the manufacturer's specifications;
- g. at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
- h. at any time when the vehicle was operated beyond the term of the Rental Agreement or any agreed extension of the term,or at any other time or in any other circumstances notified by the COMPANY to the hirer.
- i. at any car instance is modified without permission by the Company and certified by authorized workshop Any other conditions resulting in exclusion as determined by the insurer.
SECTION D: GENERAL PROVISIONS
- Vehicle means the Vehicle rented, or its replacement, and all of its parts, equipment, accessories, keys and documents. No term of this Agreement may be waived or changed except in writing signed by us. If any term of this Agreement is prohibited by law, it shall not affect the remaining terms. Paragraph headings have no independent meaning.
- We reserve the right to refuse to grant a replacement Vehicle to You if You have an accident, breakdown, violate the law or for any other reason.
- You accept that it is Your responsibility to comply with all applicable seat belt and child restraint laws.
- OPTIONAL PRODUCTS. you will pay for any optional products accepted at the beginning of the rental at the daily rate for each day or partial day while on rent to You. The cost, terms, availability and/or the provider and terms may vary from location to location.
- No right of the COMPANY under this agreement may be waived except in writing by any officer of the COMPANY.
- In the event the vehicle “asset” or the company business in part or whole is sold to / acquired by another company, the remainder of the contract will be transferred to the new company “owner”.
SECTION E: Termination
- The COMPANY reserves the right to terminate this contract if we found evidence of breach of any of this contract, false declaration of information by the Hirer, makes assessment that the Hirer is a risk rental defaulter, who does not take reasonable care with the car or driver who may be driving recklessly, or assess in anyway that is not of a trustworthy character or in deed. The hirer shall forfeit the deposit or be subjected to pay 1-6 month rental penalty fee depending on when the contract is being terminated. If the Company may decide to terminate the contract on its own accord or commercial considerations. In such a case, unused rental will be pro-rated refund, deposit to be refunded, subjected to no damages or any other deductibles.
- If the Hirer decides for whatsoever reasons to terminate the contract early, the deposit shall be forfeited and subjected to 6 month rental fee + forfeiture of deposit. If the hirer terminates in less than 6mth from the end of the contract period, he shall pay the remaining months of rental + forfeiture of deposit.
- Should the COMPANY deemed that the car is beyond economical sense to repair, the COMPANY shall find a suitable replacement vehicle within 1 month. Should the car not be suitable for driving, The COMPANY shall find temporary replacement until a permanent replacement is found. The replacement should be of equal or similar class and value of existing contract. Should the COMPANY be unable to find a suitable replacement, the contract can be mutually terminated.
PRIVACY
The information requested from the hirer is to enable the COMPANY to assess the hirer’s request and eligibility to hire a vehicle. The hirer does not have to supply this information, but if the hirer does not, then the COMPANY is unable to rent the vehicle. The hirer acknowledges that the COMPANY will collect, hold and use the hirer’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including checking of traffic, parking and other related fines, direct marketing and assessing customer satisfaction with HIRER/DRIVER(S), authorizes COMPANY or its AGENTS to obtain and share credit and personal information with credit reporting agencies, credit bureaus, driver track record repository, collection facilities and/or driver’s license validation agencies, as well as for the purpose of background checks not limited to financial, rental track records, criminal and traffic offenses, upon submission of personal details to the COMPANY and execution of said agreement within the Legislation of the Personal Information Protection Act.
INDEMNITY
Rentee releases and holds HIRER, its agents and employees, harmless from all claims for loss or damage to any property of the Rentee or any other person left in, on, or about the Vehicle, either before or after its return to the HIRER or on HIRER’s premises without regard to any negligence by HIRER or any of its agents or employees. Rentee shall defend, indemnify and hold harmless HIRER from and against any and all losses, liabilities, damages, injuries, claims, demands, costs and expenses, arising out of the use or possession of the Vehicle including, but not limited to any and all fines, penalties, and forfeitures imposed under any Federal, State Municipal, or other statute law, ordinance, rule regulation, or insurance policy provision, and to the extent not covered by insurance any claims of, or liabilities to, third persons arising out of the abandonment, conversion, secretion, concealment, or unauthorized sale of the Vehicle by Rentee or its drivers, agents or employees, or the confiscation of the Vehicle by any governmental authority for illegal or improper use of the Vehicle. Additionally, Rentee shall indemnify and hold HIRER harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of bodily injury, death, or property damage arising out of the or operation of the Vehicle products and services provided by the COMPANY. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer defaults in the payment of any monies owing to the COMPANY, or other parties involved in an accident with the vehicle while on hire to the hirer; or any organizations responsible for the processing or handling of traffic related infringements; and the hirer hereby authorizes the disclosure of their personal information for such purposes.
MPV
