TERMS & CONDITIONS
AGREEMENT FOR VEHICLE HIRE
1.1 This agreement (“Agreement”) is made between OLIO PTE LTD - 18 Sin Ming Lane 03-10 Singapore 573960 (“Owner”) of the part and the one person whose particulars and signature appear on the reverse side (“Hirer”) of the second part for the hire of a vehicle, more particularly described on the reverse side, together with all tyres, tools, accessories, equipments, vehicle documents and replacements and additions made thereto either before or after the conclusion of this Agreement (“the Vehicle”). The term “Vehicle” will where applicable refer to any replacement given or substitution made by Owner to the Vehicle described on the reverse.
1.2 Where a person or corporation in addition to the Hirer has agreed to pay the rental charges and to be bound by terms and conditions of the Agreement, this Agreement shall be deemed to have been made by the Owner on the one part with the Hirer and such other person or corporation of the second part and the liabilities and obligations of the Hirer and such other person or corporation under this Agreement shall be joint and several save that such other person or corporation shall not be entitled to drive the Vehicle unless expressly authorized in writing by the Owner.
1.3 In addition to the Hirer the Vehicle may be driven by any additional driver whose particulars appear on the reverse side, (“Additional Driver”).
1.4 Unless the context otherwise require words denoting the singular number shall include the plural and vice versa and in particular where this Agreement is made with the Hirer and such other person or corporation referred to in Clause 1.2 herein the word “Hirer” shall refer to both jointly and severally.
1.5 The Hirer hereby takes the Vehicle on hire subject to the terms and conditions on this page on the reverse whether printed or hand written.
1.6 The Vehicle is the Owner’s property and the Hirer takes possession of the same as mere bailee only. No property in the vehicle shall pass under this Agreement and the Hirer is not the Owner’s agent or servant for any purpose.
2.1 The Hirer shall pay the Owner upon the signing of this Agreement the deposit which is equivalent to the excess amount (via credit card payment) specified on the schedule as security for the due performance and observance by the Hirer of all the singular the terms and conditions of this Agreement Provided Always and subject to Clause 2.2 that if the Hirer shall perform and observe all the said terms and conditions contained herein during the Rental Period, the Owner shall on expiration of the Rental Period repay the deposit to the Hirer without interest thereon.
2.2 The Owner shall (without prejudice to his other rights against the Hirer) be at liberty to retain out of such deposit:
the amount of any loss or damage for which the Hirer is responsible;
any amount due or owing the Owner by the Hirer; and
any additional charge payable, pursuant to the terms of this Agreement.
2.3 The Hirer shall not be entitled to deduct or offset any outstanding rental charges or any other amount payable by him during this Agreement from the deposit.
3. VEHICLE REPAIRS
3.1 The Hirer shall not service or permit the servicing of the Vehicle and shall not make or permit to be made any repairs, replacements to the Vehicle or any part or accessory thereof without the Owner’s prior approval.
3.2 In the event that any servicing, repairs, replacement or adjustments to the Vehicle or any part thereof is done or permitted by the Hirer or Additional Driver without the Owner’s prior approval, the Owner shall not be responsible or liable for the costs or expense of the same, and shall be entitled to recover from the Hirer all costs expenses and damages whatsoever incurred by the Owner as a results of such unauthorised servicing, repairs, replacements or adjustments.
3.3 Any servicing, repairs, replacements or adjustments required to be done by reason of any damage or defect caused by the negligent use of the Vehicle by the Hirer or the Additional Driver shall be borne by the Hirer.
4. CARE USE AND CUSTODY OF VEHICLE
4.1 The Hirer and/or the Additional Driver shall at all times drive the Vehicle in a careful and skilful manner. The Hirer and/or the Additional Driver shall observe all traffic regulations and laws and in the event of breach thereof, the Hirer shall pay all fines and penalties which may incurred and shall also answer all Police and Traffic Court Summonses, Notices and Inquiries in connection therewith. In the event that the Hirer and/or Additional Driver fail to pay such fines or penalties, the Owner reserves the right to pay such charges on behalf of the Hirer to the appropriate authorities and the Owner shall be entitled to be reimbursed for the total amount paid on such behalf in addition to imposing an administration and service charge of S$100, subject to the prevailing GST.
4.2 The Hirer shall ordinarily keep the Vehicle at the Hirer’s address described on the reverse side or such address as the Owner may from time to time approve in writing and will keep the Vehicle free from distress, execution or any legal processes.
4.3 The Hirer shall notify the Owner of any change in the Hirer’s address and shall upon a request by the Owner inform the Owner of the whereabouts of the vehicle.
5. EXCLUSION OF LIABILITY
5.1 NO WARRANTY OR REPRESENTATION OF ANY KIND EXPRESS OR IMPLIED IS GIVEN BY THE OWNER IN RESPECT OF THE VEHICLE AND THIS AGREEMENT CONTAINS NO CONDITION OR WARRANTY EXPRESS OR IMPLIED AS TO ITS QUALITY OR FITNESS FOR ANY PURPOSE.
5.2 THE OWNER SHALL NOT BE UNDER ANY CIRCUMSTANCES LIABLE TO MAKE ANY PAYMENT TO THE HIRER IN RESPECT OF OR TO INDEMNIFY THE HIRER AGAINST ANY LOSS INJURY OR DAMAGE SUSTAINED BY THE HIRER OR ANY THIRD PARTY AS A RESULT OF THE PRESENCE OR USE OF THE VEHICLE OR AS A RESULT OF ANY DEFECT. THE HIRER SHALL BE DEEMED TO HAVE SATISFIED HIMSELF THAT IT IS AN ALL RESPECTS ROADWORTHY AND IN PROPER AND SALFE CONDITION.
6. RETURN OF VEHICLE/CONDITION ON RETURN
6.1 Upon the expiration of the Rental Period or termination of this Agreement, the Hirer shall return the Vehicle to the Owner at the renting location described on the reverse side (“renting location”) or at such other address as specified by the Owner described on the reverse side in good order and condition and in the same colour as when the Hirer had collected the Vehicle from the Owner (fair wear and tear resulting from proper use thereof excepted) failing which the Hirer shall be liable to reimburse the Owner on demand for all costs of restoring the Vehicle to such good order and condition and colour.
7.1 If the Hirer shall during the continuance of this Agreement:
fail to pay any rental charge or any charges payable under this Agreement within seven (7) days from the date that such payment(s) shall become due and payable whether preciously demanded or not; or
suffer any distress, execution or writ of seizure and sale or attachment order issue against his property or properties or if any such execution, writ or attachment shall be threatened; or
become insolvent or be unable to pay his debts when due or if the Hirer commits any act of bankruptcy or shall have a receiving or adjudication order made against him or if the Hirer being a company a petition is presented to wind-up the Hirer whether voluntarily or otherwise; or
make any arrangement, composition or assignment for the benefit of his or its creditors generally or have a receiver or receiver and manager appointed to take or suffer any similar action in consequence of any debt; or
shall do or suffer to be done any act or thing which may prejudice or jeopardise the Owner’s property or right to the Vehicle; or
be in breach of any of the terms and conditions of this Agreement whether express or implied, the in every case, the Owner may (without prejudice to any other rights the Owner may have against the Hirer) by written notice to the Hirer forthwith determine this Agreement and thereupon the Owner shall be entitled to repossess the Vehicle, and for such purpose the Hirer hereby irrevocable authorises the Owner, his servants or agents without further notice to enter into and upon any premises in which the Vehicle may be in order to repossess the same without being liable to any actions or proceedings at the suit of the Hirer or any person claiming under or through him.
8. LOSS OR DAMAGE TO THE VEHICLE/LOSS DAMAGE WAIVER (“LDW”)
8.1 Subject to Clauses 8.2 and 8.3 herein, regardless of fault, the Hirer shall be responsible for any and all loss of or damage to the Vehicle including the loss or damage suffered by the Owner resulting from the inability to use the Vehicle or let the same on hire and shall pay to Owner on demand the amount of such loss damage;
8.2 Provided by the Vehicle is used in accordance with the Terms and conditions of this Agreement, the Hirer and the Additional Driver are not responsible for loss or damage to the Vehicle arising form accidental fire (not resulting from collision with other vehicles or any act or omission of the Hirer and/or the Additional Driver), theft or act of God;
8.3 If the Hirer accepts LDW (by initialing on the right of the line “Hirer initials to accept LDW” line on reverse herein) and pays the additional fee for LDW at the commencement of this Agreement and if the Hirer has complied with all the terms of this Agreement, the Hirer’s responsibility for loss or damage to the Vehicle due to collision with other vehicles is limited to the amount indicated in the ‘Non Waiverable Excess” (‘NWDE”) and to the tow fees and drop off charges (if any). LOSS DAMAGE WAIVER IS NOT INSURANCE. THE HIRER WILL STILL BE LIABLE FOR THE AMOUNT OF SUCH LOSS OR DAMAGE REFERRED TO IN CLAUSE 8.1 HEREIN FOR DAMAGE TO THE VEHICLE CAUSED OTHER THAN BY COLLISION WITH OTHER VEHICLES.
8.4 For avoidance of doubt, LDW does not apply to and the Hirer is always responsible for:-
the costs of rectifying any tyre damage not attributable to normal wear and tear:
accessories missing from the Vehicle;
the costs of repairing undercarriage or under-body damage unless it can be attributed to a collision with other vehicles;
the costs of replacing damage windscreens;
8.5 IF THE HIRER: –
PERMITS THE USE OF THE VEHICLE BY PERSONA OTHER THAN THE HIRER OR ADDITIONAL DRIVER, OR
IS IN BREACH OF ANY OF THE TERMS OF THIS AGREEMENT; OR
USES OR IF THE VEHICLE IS USED BY ANY PERSON OFF A PAVED ROAD AND OR IN A RECKLESS ABUSIVE OR WANTON MANNER; OR
MISUSES OR IF THE VEHICLE IS MISUSED BY ANY PERSON; OR
ALCOHOL OR INTOXICANT OF DRUGS/MEDICATION THEN THE HIRER AND THE ADDITIONAL DRIVER SHALL BE LIABLE FOR ANY AND ALL LOSS OR DAMAGE TO THE
VEHICLE INCLUDING THE LOSS OR DAMAGE SUFFERED BY THE OWNER RESULTING FROM THE INABILITY TO USE THE VEHICLE OR LET THE SAME ON HIRE WITHOUT THE BENEFIT OF CLAUSE 8 HEREIN REGARDLESS OF WHETHER THE HIRER HAS ACCPETED THE LOSS DAMAGE WAIVER.
8.6 In the event that the excess as well as insurance cover levied by the Owner’s insurers is increased, the rate for both Loss Damage Waiver and insurance premiums shall be increased to such rate as shall be determined by the Owner in its absolute discretion.
9. PAYMENT OF CHARGES
9.1 The Hirer shall punctually pay without demand the rental charge described and other charges (in any) in advance on the first day of each calendar month during the Rental Period and the first payment shall be made upon the signing of this Agreement.
9.2 If the Owner makes an error or omission in calculating the total rental and other charges due, or has not had a reasonable time to assess them or is unaware of certain charges at the commencement of the Agreement, then upon the return of the Vehicle, the Owner may make further demands on the Hirer and the Hirer shall pay to the Owner the amounts owing on such demand.
9.3 The Owner shall be entitled to an administrative, service charge and interest for late payment at the rate of one percent (1%) per month on any rental or other charges remaining unpaid after the date on which in addition, the Owner shall further be entitled to impose a late payment fee of S$100, subject to the prevailing GST, should the rental or other charges remain unpaid after the date on which they are due and payable.
9.4 In the event of any increase in the road tax payable on the Vehicle, the Owner shall be entitled to impose a corresponding increase in the road tax charge.
10. COMPUTATION OF CHARGES
10.1 Pursuant to Clause 9 herein, the Hirer shall pay the Owner the total of the following charge:
TIME AND KILOMETRE CHARGES. Computed at the rate shown in the Agreement (distances travelled in kilometres shall be determined by reading the factory installed odometer). If the Vehicle is not returned to the renting location, the Hirer shall also pay the drop-off charges of S$200, subject to the prevailing GST.
REFUELING SERVICE CHARGES. The Vehicle will have premium unleaded grade petrol or diesel, whichever is applicable, upon delivery to the Hirer and shall be returned by the Hirer at the end of the rental period with the same level of premium grade petrol or diesel, whichever is applicable, failing which the Hirer shall pay the Owner the cost of topping up the petrol or diesel of $S150, subject to the prevailing GST, whichever is applicable.
LDW AND OTHER CHARGES. In accordance with the Owner’s current charges available, if applicable.
PERSONAL ACCIDENT INSURANCE CHARGES. In accordance with the Owner’s current charges available, if applicable.
TAXES, GST AND ANY OTHER. Applicable sales, use and excise taxes, and any amount charged by the Owner as reimbursement for taxes paid. All such charges paid to the Owner shall be net of any withholding tax requirement.
FINES AND OTHER EXPENSES. The Hirer shall pay such fines, penalties, forfeitures, court costs and other expenses that may be assessed against the Owner but which are due by reason of the Hirer’s possession or use of the Vehicle. The Owner is entitled to charge an additional administrative fee of S$100 per incident, subject to the prevailing GST.
11. BREACH OF AGREEMENT
11.1 If the Hirer is in breach of any terms of this Agreement or if the Vehicle is confiscated or seized by any government or other relevant authority, the Hirer shall pay to the Owner all costs damages losses and expenses whatsoever incurred or sustained by the Owner as a result thereof or incurred in enforcing this agreement including all legal costs on a solicitor and client basis.
12. NO LIABILITY FOR PROPERTY
12.1 The Owner is not responsible for loss or damage to any property left, stored, loaded or transported by the Hirer, the Additional Driver or any other person in or upon the Vehicle, or left with any gent or servants of the Owner at any time or place or at the Owner’s premises, prior to, during or after the rental period including any property in any Vehicle repossessed in accordance with the provisions of this Agreement and the Hirer hereby agrees to indemnify the Owner, its agent and servants and hold them harmless from any such claims.
13. PROHIBITED USES OF VEHICLE
13.1 The Vehicle shall not be used:
to carry persona or property for hire;
to propel or tow any vehicle, trailer or other object;
to participate in any race, test or contest or for any purpose other than domestic and social purposes;
for any illegal purposes;
to instruct an unlicensed person in the operation of the Vehicle;
to carry persons other than in the passenger compartment of the Vehicle;
to carry passengers or goods beyond its rated capacity;
by the Hirer, the Additional Driver or any other persons under the influence of any drug or intoxicating liquid or substance;
outside the Republic of Singapore unless otherwise authorized by the Owner in writing and unless payment of the appropriate charges is made to the Owner prior to the Vehicle being driven by the Hirer into West Malaysia.
13.2 The Vehicle shall not be driven by any person other than the Hirer and Additional Driver.
13.3 The Hirer and Additional Driver shall be above 23 years. Maximum age will be at 65 years.
13.4 The Hirer further declares that the information given to the Owner, his servant or agent (whether oral or in writing) including that contained herein is neither false nor misleading.
13.5 The Hirer and the Additional Driver shall be in possession of valid driving licenses and have a minimum of two (2) years regular and qualified driving license.
14.1 The Vehicle is insured under a standard motor vehicle insurance policy in accordance with the laws of Singapore covering liability of the Hirer and the Additional Driver, in respect of third party injury or death and passenger risk liability. The Hirer agrees to be bound by the terms and conditions of the said policy, a copy of which is available for inspection at the renting location. The Hirer agrees to protect the interest of the Owner and the insurance company in the event of accident by:
obtaining names and addresses of all parties involved and of witnesses;
not admitting liability or guilt without the prior consent of the Owner;
not abandoning the Vehicle without adequate provisions for safeguarding and securing the same;
giving a detailed report including diagram even in cases of slight damage within 24 hours to the nearest police station;
notifying the Owner’s insurers immediately of such accidents and submitting a duly completed Motor Accident Report Form;
delivering correspondence, Writ or documents of any kind received by the Hirer or Additional Driver relating to any accident involving the Vehicle while rented under this Agreement. The Hirer and Additional Driver shall cooperate fully with the Owner in the investigation and defence of any claim prosecution or suit;
not admit or compound any claim, summons or charge either partially or in full without the consent in writing of the Owner.
15. PREVIOUS INSURANCE POLICIES
15.1 The Hirer declares that no company or underwriter in connection with motor insurance for the Hirer and/or Additional Driver has at any time:
declined any proposals or applications;
refused to renew any policy;
required an increase premium or imposed special conditions; or
cancelled any policy.
16. ELECTRONIC ROAD PRICING
16.1 The Hirer is responsible for the Electronic Road Pricing (ERP) charges during the operative hours.
17.1 The Hirer shall not sell, assign, mortgage, let on hire or otherwise dispose of or part with possession of the Vehicle or any part thereof (unless authorised hereunder) and this Agreement may not assigned or transferred by the Hirer.
18. WAIVER/MODIFICATION OF TERMS
18.1 No term or condition of this Agreement may be waived or modified except in writing signed by the Owner’s authorised representative.
18.2 No forbearance, indulgence or relaxation on the part of the Owner shown or granted to the Hirer in enforcing any of the terms or conditions herein shall in any way diminish, restrict or prejudice the rights or powers of the Owner pursuant to this Agreement or operate as or be deemed to be a waiver of any breach of the terms and conditions herein on the part of the Hirer, nor shall any waiver in writing of a breach of a term of this Agreement operate as a waiver of a breach of any other term of this Agreement or as a waiver of any subsequent or continuing breach.
19. GOVERNING LAW
19.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore and the Hirer hereby submits to the exclusive jurisdiction of the Singapore Courts.
20.1 If any provision in this Agreement is void or unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
21.1 Any notice or demand required to be given to the Hirer pursuant to this Agreement shall be sufficiently served if sent by post or delivered to the address stated on the reverse page or to the last know address of the Hirer and shall be deemed to be made or given on the day it was so left or the day following that on which it was posted as the case may be notwithstanding that the letter may be returned by or lost through the post.
22.1 The Hirer agrees to indemnity the Owner against all actions claims demands proceeding costs or expenses damages loss and liabilities whatsoever arising out of any breach by the Hirer of any of the terms and conditions herein or in respect of or out of the use of the Vehicle or otherwise.
23. LIQUIDATED DAMAGES
23.1 If the Hirer shall for any reason whatsoever terminate the Agreement before the expiration of the Rental Period, the Hirer shall pay to the Owner by the way of liquidated and not as a penalty the remainder of the rental charges which would otherwise be payable by the Hirer on the balance of the Rental Period.