VEHICLE LEASE AGREEMENT
This Vehicle Lease Agreement is entered into between the Hirer and the respective company from the KINETIC Group that owns the leased vehicle. Collectively referred to as KINETIC, the group includes the following entities:
- KINETIC SYNERGY PTE LTD
- KINETIC LOCOMOTIVE PTE LTD
- KINETIC HOLDINGS PTE LTD
- KINETIC REGENCY PTE LTD
- KINETIC RIDE RENTALS PTE LTD
- KINETIC PRESTIGE PTE LTD
- GENERAL PIPING SERVICES & SUPPLIES PTE LTD
Registered Address: 9 Tagore Lane, #03-21, Singapore 787472
By making this booking, the Hirer acknowledges that they have read, understood, and agreed to abide by the terms and conditions stated herein.
WHEREAS:
A) The Owner is in the business of renting and leasing of private motor vehicles (“Vehicles”) in the Republic of Singapore.
B) The Hirer wishes to lease from the Owner Vehicles and operate as a licensed motor vehicle driver under any ride-hailing application or program used on mobile phone devices, or to operate a limousine driver or for the Hirer’s own personal use.
C) In consideration of the promises and mutual covenants contained herein, the Owner and Hirer agree to enter into this Agreement to explicitly set out the terms of the Hirer’s leasing of the motor vehicles with the Owner.
NOW THEREFORE, in consideration and subject to the terms and conditions contained in this Agreement, the Parties agree as follows: -
1. AGREEMENT TO RENT
1.1 Rental Terms: The Owner agrees to rent to the Hirer the Vehicle described in the booking details of this Agreement in accordance with the terms and conditions stated in this Agreement herein.
2. COMMENNCEMENT AND DURATION OF RENTAL
2.1 Rental Period: The Hirer shall rent the Vehicle from the owner from the date indicated in the booking details of this Agreement (the “Commencement Date”) and this shall automatically renew on a weekly basis until it is terminated in accordance with this Agreement (the entire duration comprising the “Rental Period”).
2.2 Minimum Rental Period: The Hirer shall rent the Vehicle from the Owner for the minimum length of time as specified in the booking details. Accordingly, in the event that the Hirer returns the Vehicle prior to the end of the Minimum Rental Period, the Hirer will be required to pay Breach of Contract Fee and the Deposit will be forfeited.
2.3 Return Notice: The Hirer has to inform the Owner Seven (07) days before the return of Vehicle.
3. RENTAL
3.1 Rental Fee: Pursuant to Collection, the Hirer shall pay to the Owner a fee calculated on a daily/weekly/monthly basis for the rental of the Vehicle as agreed (a “Rental Fee”) which is stated in the booking details.
3.2 Collection: The first week’s Rental Fee is payable immediately after the week from the commencement of the Rental Period.
3.3 Additional Driver: The Hirer shall inform the owner on any additional driver should there be more than one designated Driver to the Vehicle as detailed below in Clause 4 of the Agreement.
3.4 Rental Payment Date: The Hirer shall pay to the Owner the Rental Fee on the Rental Payment Date as stated in the booking details. The date of receipt of any payment made by the Hirer to the Owner shall be the actual date of receipt by the Owner.
3.5 Late Payment of Rental Fees: Without prejudice to the Owner’s other rights, the Hirer will be liable to pay a late payment fee of $54.50 if rental is unpaid within three (03) calendar days.
- 3.5.1 Repossession of Vehicle: In the event the Rental Fee remains unpaid for more than three (03) calendar days, the Owner may lodge a police report as a loss of vehicle and activate the vehicle repossession team to retrieve the vehicle. All incidental cost of repossession process will be borne by the Hirer.
3.6 Revision of Rental Fee: Not withstanding any existing Agreement on the Rental Fee reflected in the booking details of this agreement the Owner may, after providing one (1) week notice to the Hirer revise the Rental Fee. The Hirer will acknowledge that all rates, and terms and conditions. All of such changes shall be notified by the Owner to the Hirer and shall take effect and be binding on the parties at such time as specified in the notice from the Owner to the Hirer.
3.7 Change in Vehicle Fee: If the Hirer decides to change his/her Vehicle within contract period, an administration fee of $545 will be charged to the Hirer.
3.8 Breach of Contract Fee: The Hirer is liable to the payment of $2725 for any breach of contract of the term and condition in this agreement that he/she has committed, and shall including the following.
- 3.8.1 Repossession of vehicle due to unpaid rental Owning amount left unpaid for more than (7) days; and
- 3.8.2 Owning amount left unpaid for more than (7) days prior to returning of vehicle date; and
- 3.8.3 Contract period unfulfilled; and
- 3.8.4 Allowing underqualified Driver to operate the vehicle; and
- 3.8.5 Any misconduct or misuse of vehicles.
3.8 Owner Payment Details: All payments due hereunder shall be made to the Owner through the iDrive.SG platform which accepts both credit card and PayNow payment. Any other fees not captured within the iDrive.SG platform shall be paid to the owner separately at its address stated herein or at such other address as the Owner may from time to time communicate to the Hirer. Any payment sent by post shall be sent at the risk of the Hirer. Payment mode to the owner directly can be in CASH or via TELEGRAPHIC TRANSFER to the following account:
- Payee Name: KINETIC SYNERGY PTE. LTD.
- DBS current account: 072-718518-7
- PayNow: 202222911Z
4. DRIVERS
4.1 Provision of Drivers’ Information: The Hirer shall provide all relevant Drivers’ details to the Owner and agree to wholly cooperate with any queries as to the qualifications and antecedent driving offences of the individuals operating the Vehicles prior to, during and after the Rental Period.
4.2 Qualifications of Drivers: The Hirer shall ensure that the Drivers meet the conditions below in order to operate the vehicle.
- 4.2.1 Background: For the duration of the Rental Period is either to a Singapore Citizen or a Singapore Permanent Resident or holds a valid Singapore Employment Pass; and
- 4.2.2 Age: Are above 23 years of age; and
- 4.2.3 Certification: Possess and maintain for the duration of the Rental Period a valid Singapore driver’s license or international driving license with at least twenty-four (24) months of driving experience save where waived in writing by the Owner.
4.3 Designated Drivers: The Hirer may, subject to the Owner’s prior written approval, designate drivers who shall be authorized to operate the Vehicles rented from the Owner (“Drivers”). Each rented Vehicle may be designated more than one authorized driver to operate the Vehicle (“Additional Drivers”).
4.4 Permitted Drivers: For the avoidance of doubt, the Hirer acknowledges that the Vehicle is to be driven only by the Hirer and its Drivers or Additional Drivers.
5. DEPOSIT (TO BE FORFEITED FOR ANY BREACH OF CONTRACT)
5.1 Deposit as Security: The Hirer shall upon signing this Agreement pay to the Owner a deposit (“Deposit”) as indicated in the booking details as security for the rental of the Vehicle. The Deposit shall be maintained at the same amount during the Rental Period.
5.2 Non-Collection of Vehicle: In the event, the Hirer fails to collect the assigned Vehicle from the date of the Commencement, the Deposit will be forfeited.
5.3 Remittance of Deposit: The Deposit will be fully refunded, interest-free only when the Hirer has fully discharged its obligations stated in this Agreement after 7 working days from the date of return vehicle.
5.4 Retention/Forfeit of Deposit: Without prejudice to any rights or remedies accruing to the Owner under this Agreement, the Owner shall be entitled to retain and/or forfeit any part of the deposit in event of breach by Hirer for any outstanding, damages or any owning to the Owner by the Hirer set out in this Agreement.
6. MAINTENANCE, BREAKDOWN, REPAIR AND EMERGENCY SERVICE
6.1 Owner’s Maintenance: The Owner shall at its own cost provide service and maintenance to the Vehicle at a regular interval of every 10,000 kilometers recommended by the Vehicle manufacturer.
- 6.1.1 Tyres: Only Wear and Tear would be borne by owner. In unforeseen events, tyre punctured by sharp object, due to over / under pressure or thru impact, towing & replacement of tyres will be borne entirely by the Hirer.
- 6.1.2 Batteries: The Owner shall at its own cost replace one set of battery in the event battery run flat or fault. However, if battery was damage or drained due to Hirer's negligence, all fees will be borne by the Hirer.
6.2 Delivery of Vehicle for Maintenance: The Hirer shall at its own cost & time arrange to deliver the Vehicle to the designated workshop when the Vehicle requires service and maintenance.
6.3 Necessity of Maintenance: Failure to turn up for the scheduled service and maintenance work may result in damages of the Vehicle. The Owner reserves its right to demand for the appropriate compensation from the Hirer for any repair cost resulting from the failure to turn up for the service and maintenance work.
6.4 Hirer’s Maintenance: The Hirer shall ensure that the Vehicle / Replacement Vehicle has sufficient fuel, engine oil, auto-transmission oil, tyre pressure, and radiator water at all times. Failure on the Hirer to perform necessary maintenance may result to damages of the Vehicle and the Owner reserves its right to demand the damages from the Hirer.
6.5 24-Hr Breakdown and Emergency Services: The Owner shall provide 24 hours breakdown and emergency service at no extra cost to the Hirer if the Vehicle suffers a breakdown or is involved in an accident in Singapore as long as it's not due to Hirer negligent.
6.6 Singapore Coverage Only: In the event that the Vehicle requires breakdown and emergency services outside of Singapore, the Hirer shall be wholly responsible and bear all costs and expenses arising out of any in connection with the safe return of the Vehicle to Singapore.
6.7 Non-applicable events: In instances of Non-Applicable Events, the Hirer shall pay to the Owner a fee of up to $80.00 for the deployment of 24 hour breakdown and emergency services in such situations. the Parties agree that the following do not constitute a breakdown:
- 6.7.1. The Vehicle’s key is locked inside the Vehicle; and
- 6.7.2. Changing/patching of a punctured tyres; and
- 6.7.3. Stalling caused by empty petrol tank; and
- 6.7.4. Breakdown cause by Hirer negligent.
6.8 Hirer’s negligence: Should the Hirer request for any assistance due to the Hirer’s negligence with respect to the replacement of faulty/lost car keys, the cost for replacement will be charged to the Hirer accordingly.
6.9 Repair after Accidents: In the event that the Vehicle is involved in an accident, where the Hirer or the Driver or Additional Drivers are deemed to be at fault, the Hirer shall be liable to pay for all costs of the Vehicle’s repair and the excess for the Third-Party driver’s Vehicle involved in claiming the Owner’s insurance (as detailed below).
- 6.9.1 Satisfactory Repair: The Vehicle is to be repaired at the Owner’s authorized workshop unless the Owner otherwise agrees to the Hirer’s nominated workshop. In such instances where the Vehicle is repaired away from the Owner’s authorized workshop, the Hirer agrees that the Vehicle shall undergo inspection at the Owner’s workshop to ensure repair is in the Owner’s sole discretion to a satisfactory standard.
7. REPLACEMENT VEHICLE
7.1 Hirer’s Request subject to availability: A replacement Vehicle of a similar make and model may be provided by the Owner in the event of a Vehicle breakdown but subject to the Owner’s availability of a replacement Vehicle. Alternatively, a different model/make will be provided to the Hirer by the Owner.
7.2 Hirer's Responsibility: The Hirer shall be responsible for:
- 7.2.1. The petrol used in the replacement Vehicle.
- 7.2.2. Any payment of applicable excess in respect of the Owner’s insurance which applies to the replacement Vehicle.
- 7.2.3. All incidental costs of using the replacement Vehicle, e.g. reimbursement of taxi fares etc, due to the vehicle breakdown or accident.
7.3 Prorating of Rental Fee: In the event, a replacement Vehicle is not available during the Vehicle breakdown, the Owner shall prorate the Rental Fee accordingly.
- 7.3.1 Half Day Rental Wavie if exceed 6 hours.
- 7.3.2 Full Day Rental Wavie if exceed 12 hours.
7.4 Damage by Hirer: In the event that the Hirer return the Vehicle found to have damage, The Hirer will be liable to pay for all costs of repair and loss of use. The Vehicle is to be repaired at the Owner's authorized workshop unless the Owner otherwise agrees to the Hirer's nominated workshop. In such instances Owner will inspect and ensure that the repair is at satisfactory standard.
8. USE OF VEHICLE
8.1 Allowable Use: The Hirer may use the Vehicle for business, social, domestic and pleasure purposes.
8.2 Prohibited Use: The Vehicle shall not be used, and the Hirer agree not to permit the Vehicle to be used for any purpose for which it is not expressly designed for and not permit the Vehicle to be used it for driving instruction, sub-leasing, towing, racing, pace-making, or for competing in any form of motor sport or for any illegal purpose whatsoever.
- 8.2.1 Should the Vehicle require Breakdown and Emergency Services pursuant to Clause 6 above while being engaged in any Prohibited Uses, the Hirer shall be deemed negligent and wholly liable for all for costs incurred in the repairs of the Vehicle.
8.3 Hirer's Cost: The Hirer shall be responsible for the petrol, electronic road pricing, parking charges, toll fees and traffic fines arising from the use of the Vehicle or any replacement Vehicle provided by the Owner during the course of the Rental Period.
8.4 Non-Smoking: Smoking is strictly prohibited in the Vehicle. The Hirer will bear the cost of the cleaning charge that will pay for professional services to remove cigarette fumes stain in the vehicle cabin.
8.5 Overseas Use: If the Hirer is permitted to drive the Vehicle into Malaysia, the Hirer is subjected to the prevailing legislation of the Malaysian government and the Owner shall not be liable or responsible for in any manner whatsoever for any damage, liabilities, costs, charges or expenses incurred or suffered by the Hirer driving the Vehicle to, in and from Malaysia.
8. INDEMNITY
8.1 Indemnity: The Hirer shall indemnify the Owner in full against any and all claims, actions, proceedings, damages, losses, liabilities (including any loss of revenue, loss of profits or indirect damages), costs and expenses (including legal fees and expenses on a full indemnity basis) that may be brought against, suffered or incurred by the Owner in connection with any use of the Vehicle, which are not otherwise covered by insurance policies taken out by the Owner arising from the Hirer’s use of the Vehicle.
9. HIRER'S COVENANTS
9.1 Prompt Payment: The Hirer shall pay all Rental Fees promptly as such fees fall due.
9.2 Maintenance of Vehicle: The Hirer shall ensure the Vehicle is properly maintained as set out in Clause 6.4 above.
9.3 Reasonable use of the Vehicle: The Hirer and its designated Drivers shall exercise reasonable care at all times when in possession of the Vehicle and drive the same in observation of all traffic laws and regulations. In the event of any breach thereof, the Hirer shall pay all fines and penalties which may be incurred and answer all traffic summonses, including all notices and inquiries in connection therewith. In particular, the Hirer shall ensure that the Vehicle:
- 9.3.1 Is not overloaded; and
- 9.3.2 Is properly parked and locked when not in use.
9.4 Notifications: The Hirer shall promptly notify the Owner of any damages to the Vehicle in the course of the Rental Period.
9.5 Prohibited: The Hirer shall not:
- 9.5.1. Effect or permit to be made any repairs or adjustments to the Vehicle without obtaining prior consent from the Owner;
- 9.5.2. Remove or deface any identification marks or plates affixed to the Vehicle;
- 9.5.3. Fit any accessories to or to modify the Vehicle in any way without the prior written consent of the Owner;
- 9.5.4. Permit the Vehicle at any time during the Rental Period to be driven by any person other than by the Hirer or the Driver or Additional Drivers.
- 9.5.5. Permit the Vehicle to be used or operated in a manner contrary to the laws of the territory where the Vehicle is driven; or
- 9.5.6. Sell, assign, mortgage, let on hire or otherwise dispose of or part with possession or control of the Vehicle or assign its rights under this Agreement or attempt to do so. In the event that the Hirer loses possession or control of the Vehicle, the Hirer shall take all necessary steps at the Hirer’s own expense to recover possession and control of the Vehicle.
9.6 Responsible Return of Vehicle: Upon termination, the Hirer shall return the Vehicle to the Owner together with all tires, tools accessories and equipment in good order and condition as the state of the Vehicle and such other items were at Collection by the Hirer from the Owner. The Vehicle shall be refuelled by the Hirer to as per the level provided at Collection, at the Hirer’s expense, upon the return of the Vehicle for any reason whatsoever, failing which the cost of refuelling, at the rate stipulated by the Owner, including a service charge plus GST, will be levied on the Hirer.
9.7 Vicarious Liability of Hirer: The Hirer shall be solely responsible to the Owner for any non-compliance by all Drivers and / or Additional Drivers with the terms and conditions of this Agreement.
- 9.7.1. The Hirer shall bear all costs of repair and rectification for any damage to the Vehicle resulting from negligence or Prohibited Uses of the Vehicle by the Hirer or any person permitted by the Hirer to use the Vehicle.
- 9.7.2. In the event of any breach of this Agreement by the Hirer or all Drivers and / or Additional Drivers, the Hirer shall pay to the Owner on demand all losses and damages suffered by the Owner (including all legal costs and expenses incurred for and on behalf of the Owner for the enforcement of any provision of this Agreement on a full indemnity basis) in connection with such breach, including any loss or damage arising from the loss of use or loss of or damage to the Vehicle for any reason whatsoever.
10. INDEMNITY
10.1 Indemnity: The Hirer shall indemnify the Owner in full against any and all claims, actions, proceedings, damages, losses, liabilities (including any loss of revenue, loss of profits or indirect damages), costs and expenses (including legal fees and expenses on a full indemnity basis) that may be brought against, suffered or incurred by the Owner in connection with any use of the Vehicle, which are not otherwise covered by insurance connection with any use of the Vehicle, which are not otherwise covered by insurance policies taken out by the Owner arising from the Hirer’s use of the Vehicle.
11. INSURANCE
11.1 General coverage: The Vehicle is insured under a standard commercial motor vehicle insurance policy in accordance with the laws of Singapore against (a) all third party risks and liabilities; (b) loss or theft to the Vehicle; and (c) damage to the Vehicle (subject to any excess), in so far as such loss or damage was sustained in the course of use by the Hirer or (where applicable) the Driver, as further detailed in the booking details.
11.2 Insurance excess: In the event of accident the Hirer shall be wholly responsible to bear all insurance excess and loss or damage sustained in the course of accident and/or any third party liability as below
- 11.2.1 Insurance Excess payable for Section 1 (Own Damage) is $2180
- 11.2.2 Insurance Excess payable for Section 2 (Third party Damage) is $3270
- 11.2.3 Additional excess of $1635 will apply for Section 1(Own Damage) and if accident occurred out of Singapore.
- 11.2.4 Additional excess of $1635 will apply for Section 2(3rd party Damage) if accident occurred out of Singapore.
- 11.2.5 Payment of excess immediately: The excess amount shall be paid to the Owner, without demand, within 48 hrs from the accident date/time. Failure to comply may lead to a breach and/or termination of this Agreement and/or forfeit of the refundable deposit and/or any amount withheld by the Owner. The Owner reserves its rights to pursue any appropriate actions to recover the excess amount if the refundable deposit and/or the monies withheld by the Owner are insufficient to cover the excess.
11.3 Windscreen excess: The quantum payable by the Hirer for damage windscreen is $218
11.4 Own Damage Excess: Only covers the bodywork of the vehicle and Hirer will be liable for the loss of use during the repair period.
11.5 Refund of paid excess: The Excess will only be refunded to the Hirer upon confirmation from the insurer on the percentage of liability of the Hirer.
11.6 Fire & Theft: In the event of fire & theft, other criminal act and/or accident that results in total loss of the Vehicle, the Hirer shall be required to make a police report of the same immediately and forward a copy of the police report to the Owner as soon as possible and the Hirer shall be liable for the insurance excess and loss of use during the period.
11.7 Increased Excess: The Hirer acknowledges that the quantum of insurance excess will be higher if the Vehicle is driven by Driver who does not meet the Minimum Qualification of Driver set out in the term.
12. ACCIDENT
12.1 Event of an accident: the Hirer Must:
- 12.1.1 Report any and all car accident (regardless severe or minor), within 24 hrs of its occurrence. In the event if the Hirer fails to report an accident within the stipulated timeframe, the relevant insurance company may repudiate the case and all claims will be reported directly against the Hirer regardless of whether CDW is purchased.
- 12.1.2 Obtain vehicle registration numbers, names and addresses of the parties involved and the details of any witnesses;
- 12.1.3 Not admit fault or liability;
- 12.1.4 Not abandoning the Vehicle without adequate provision for safeguarding and securing the same;
- 12.1.5 Notify the Owner of the accident within 24 hours of the accident occurring and assist the Owner in providing all the necessary information pertaining to the accident to the relevant insurer
12.2 Police Reports: The Hirer shall be required to make a police report and accident involves:
- 12.2.1 A fatality
- 12.2.2 Damage to government property;
- 12.2.3 A foreign vehicle;
- 12.2.4 A pedestrian or cyclist;
- 12.2.5 A hit-and-run case; or injury (where at least one (1) person involved in the accident was taken to hospital from the accident involved in the accident was taken to hospital from the accident scene
12.3 Claims: The Hirer hereby assigns to the Owner any and all damage and insurance claims which he may have in relation to the loss and damage to or in connection with the Vehicle which he may have in relation to the loss and damage to or in connection with the Vehicle during the Rental Period, and agrees that the same be paid directly to the Owner. In the event the Owner requests to make a claim from the Insurer, the Hirer shall provide to the Owner all relevant information required to make a claim including but not limited to the Hirer’s NRIC and driving license.
12.4 Provision of Replacement Vehicle: A replacement Vehicle may be arranged if the damage of the Vehicle during the accident is caused against Third parties. Otherwise, the Owner shall not be obliged to provide any replacement vehicle for claiming against own damage and the Hirer shall continue to fulfil their obligation to pay the Rental Fee.
12.5 Adjustment of Rental Fee: The Parties acknowledge that any Vehicle accident may results to an increase in the Vehicle’s insurance premium for subsequent years. Consequentially, the Owner reserves the rights to adjust the Rental Fee accordingly with the insurer’s documentary proof.
12.6 Hirer’s Further Liability: The Hirer shall be fully liable for any and all damages incurred (including third party damages) for any accident that is unreported or if reported, where the Owner is unable to claim under its insurance policy for any reason including for failure to obtain the particulars of third parties involved in the accident or for use of the vehicle under the influence of any drugs, narcotics, alcohol or any other substance that would impair or affect the ability of the Hirer to properly operate the Vehicle.
12.7 Hirer’s Articles in the Vehicle: The Owner shall not be held responsible for any loss or damage to articles stored or left in the Vehicle during the Rental Period.
13. TERMINATION
13.1 Termination by either Party: This Agreement may be terminated by either Party giving to the others not less than seven (7) days’ notice in writing. The terminating party shall be entitled to make payment in lieu of any required period of notice of an amount equivalent to the Rental Fee for the relevant number of days.
13.2 Unilateral Termination by Owner: Notwithstanding any other provision in this Agreement, the Owner may immediately terminate this Agreement at any time by giving notice to the Hirer in the event that:
- 13.2.1 The Hirer becomes bankrupt or makes any general composition with his creditors;
- 13.2.2 The Hirer fails to pay any amount owing to the Owner and any such amount remains unpaid for more than seven (7) days after becoming due;
- 13.2.3 The Hirer fails to observe and perform any of the duties and responsibilities imposed by this Agreement or any laws or regulations or the terms of his driver’s license;
- 13.2.4 The Hirer does any act which in the opinion of the Owner may jeopardise the Owner’s rights in the Vehicle;
- 13.2.5 The Hirer does any act or misconduct which may bring serious discredit to the Owner;
- 13.2.6 The Hirer is incompetent, guilty of gross misconduct and/or any serious or persistent negligence in respect of his obligations her hereunder; or
- 13.2.7 The Hirer breaches this Agreement, and where in the case of a breach capable of remedy and only if the Owner has requested the remediation of such breach, the breach is not remedied by the Hirer within seven (7) days of notification to the Hirer by the Owner specifying the breach and requiring his remedy.
13.3 Payments by Hirer upon termination: Upon the termination of this Agreement, without limitation, the Hirer agree to immediately pay to the Owner;
- 13.3.1 Arrears: All arrears of Rental, and all other sums accrued and unpaid at the date of Termination;
- 13.3.2 Repairs: Cost of all repairs required at the date of termination;
- 13.3.3 Minimum Rental Period: Penalty computed as total Rental Fee for the remaining unexpired Rental Period if any; Missing Items: The Hirer shall compensate for all missing items of the Vehicle if not in the same state as at Collection.
- 13.3.4 Leave & MC: If Hirer did not fulfil the full contract period, MC & leaves will be forfeited, MC & leave granted before will be collected back as rental in cash at original price.
13.4 Set Off: At the Owner’s discretion, such outstanding payments by the Hirer at termination may be set off against the Deposit.
13.5 Return of Vehicle: The Hirer shall return the Vehicle during the opening times of the Owner upon the expiration or termination.
13.6 Responsible Return of Vehicles: Upon termination, the Hirer shall return the Vehicle to the Owner in Clean and Good condition on both interior and exterior as the state of Vehicle upon collection from the Owner.
- 13.6.1 The Owner reserve the right to charge the Hirer $50 as cleaning fees if found return condition is unsatisfied.
13.7 Spray Painting: For any vehicle that required spray painting repair, vehicle will be sent to Owner partner workshop for quote, and The Hirer will fully bear the cost of repair.
13.8 Repossession of Vehicle: the Owner shall be entitled to repossess the Vehicle at the Hirer’s expense at any time without giving him prior notice and the Hirer hereby irrevocably authorizes the Owner or its representatives to enter into any premises where the Vehicle is kept to repossess the same without being liable to any action or proceedings at the suit of the Hirer or any person(s) claiming under or through him. The steps that the Owner may take to repossess the Vehicle include, but are not limited to, entering the Vehicle with its spare key, towing the Vehicle, and/or relying on third party vehicle repossession services. In the event that the Vehicle is repossessed by the Owner under this Agreement:
- 13.8.1 The Parties hereby agree that the Owner will not be liable for the loss of any personal belongings of the Hirer in the course of repossession; and
- 13.8.2 The Hirer will remain liable for any damage to the Vehicle and towing cost of $327 at the point of repossession.
13.9 Continual obligations to Owner upon Termination: Termination of this Agreement for whatever reason shall not affect the accrued rights and remedies of the Owner arising in any way out of this Agreement as at the date of termination and in particular but without limitation the right to recover damages against the Hirer and all provisions which are expressed to survive this Agreement shall remain in force and effect.
14. CONFIDENTIALITY AND DATA PROTECTION
14.1 Confidentiality: All communications between the Parties and all information and other materials supplied to or received by them from the other Party (including relevant information and material exchanged prior to the execution of this Agreement) which is or was either marked “confidential” or is or was by its nature intended to be exclusively shared between the Parties only including and not limited to all information contained in and concerning this Agreement (“Confidential Information”). Confidential Information shall be kept strictly confidential by each recipient and shall be used by such recipient solely and exclusively for the benefit of the Owner unless: (i) disclosure is required by applicable law including but not limited to the relevant regulatory and/or tax filings (and where such disclosure is required the minimum acceptable disclosure only shall be made); or (ii) a recipient can reasonably demonstrate that such information is or part of it is in the public domain through no act or default or breach of duty on the part of its recipient its servants and/or agents (“public”) whereupon and only to the extent that such information is or part of it is public, this obligation of confidentiality shall cease.
14.2 Data Protection: By signing this Agreement, the Hirer acknowledges and agrees that:
- 14.2.1 The Hirer has entered into this Agreement in its capacity as an organization;
- 14.2.2 The Owner may collect, use, disclose, and/or process personal data relating to the Hirer and the Drivers and Additional Drivers (if any) including the information which has been provided by the Hirer in this Agreement (“Hirer’s Data”) for the Driver and purposes of sending the Hirer (and/or Additional Drivers, if any) updates on changes and updates in the Owner’s policies and information relating to the rental of the Owner’s Vehicle which the Hirer is entitled to receive and/or evaluative purposes, and other purposes reasonably related thereto (the “Permitted Purposes”).
- 14.2.3 Provided always that the Hirer’s Data shall not in any circumstances be transferred by the Owner out of Singapore to foreign jurisdictions, the Owner may disclose and/or transfer the Hirer’s Data to the following parties for the Permitted Purposes:
- 14.2.3.1 Advisers and third-party service providers for the rendering of goods or services and/or conduct of legitimate business activity related to the rental of the Vehicle by the Hirer;
- 14.2.3.2 Any competent governmental, statutory or regulatory authority and any law enforcement agencies as may be required under applicable law or regulations; and
- 14.2.3.3 The Owner’s successor-in-title, prospective seller or buyer of any part or the whole of the business of the Owner, in connection with a merger, acquisition or sale of any part of the whole business of the Owner;
- 14.2.4 The Hirer has obtained all necessary consents from the relevant individuals to whom the personal data relates for the disclosure of such Hirer’s Data to the Owner for the Permitted Purposes and such consents have not been withdrawn; and
- 14.2.5 The Owner may retain the Hirer’s Personal Data as may be necessary or desirable to comply with applicable law.
15. GENERAL
15.1. Assignment: this Agreement may not be transferred or assigned by either Party.
15.2. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the Parties and may not be altered or amended without the written consent of both Parties.
15.3. Relationship between the Parties: Nothing in this Agreement and no action taken by the Parties shall constitute a partnership, agency, association, joint venture or other co-operative entity between the Parties.
15.4. Invalidity: Should any provisions of this Agreement be declared null, void or unenforceable by any competent government agency or court, this shall not affect the other provisions of this Agreement which are capable of severance and which will continue unaffected.
15.5. Governing Law: This Agreement shall be governed by and construed in accordance with the Laws of the Republic of Singapore, and the Parties agree to submit to the exclusive jurisdiction to the Courts of Singapore.
15.6. Schedules and Appendices: The Schedules and Appendixes form an integral part of this Agreement.
SCHEDULE 2
USE OF DEPOSIT
- Without prejudice to any other term of the Agreement, the Deposit or any part thereof may be used for the following purposes:
- (a) To offset any cost of repairs or excess payments required under the Insurance Coverage in the event of an accident, and any damage, repair or liability that is not covered by the Insurance Coverage due to the act, omission, neglect, default or misconduct of the Hirer or the Driver;
- (b) Cost of repair or cleaning of the Vehicle, including costs incurred in relation to the following:
- Damage or cuts to the Vehicle rims or tires;
- Damages to interior of Vehicle (such as dashboard, seats and etc.);
- Damage or cracks to the Vehicle lamps or windows;
- Scratches or dents to the exterior body panel of the Vehicle;
- Damage to the front or rear bumpers of the Vehicle (which includes costs of replacement, repair and/or spray painting); or
- Heavy cleaning of the interior (for example, due to vomit, dirt, dust and/or food spilling); or
- (c)Any losses or costs accruing to the owner if the Hirer or any Driver uses the Vehicle for any purpose for which it is not expressly designed, including driving lessons, towing, racing, pace-making, or for competing in any form of motor sport or any illegal purpose whatsoever.
SCHEDULE 3
Contacts
Kinetic Contact
- Chin Ann Tel: 9784 9075
- Desmond Tel: 9787 1897
Workshop And Assistance Contact
Kinetic Autocare Pte Ltd
Sin Ming, 03-18, AutoCare Centre, SG 575721
Operating Hours: 930am - 5pm (Mon – Fri)
Operating Hours: 930am - 4pm (Sat)
- Ah Chuan Tel: 97304921
- Max Tan Tel: 98181123
On site assistance
Efficient Towing
For 24/7 hours Recovery Hotline:
- 85888877 (Day)
- 84888877 (Night)
For Tyre and battery Hotline:
SCHEDULE 5: VEHICLE CHECK LIST
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Make
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Model
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Colour
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Registration Number
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Remote Mechanical Working If No Please remark:
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Other Remarks:
Hatchback
Sedan
