Mazda 3

Evolution Automobile Pte Ltd (UEN: 202016829E)

Car Rental Agremeent Contract

This Car Rental Agreement (“Agreement”) is made and entered into as of booking date, between Evolution Automobile Pte Ltd, with an address of 63 Hillview Ave  #10-08, Singapore 669569 ("Owner"), and ("Renter").

Owner and Renter may also be referred to as “Party” in the singular and “Parties” in the plural.  This Agreement is subject to the following terms and conditions:

Article 1 - Rental Vehicle according to booking information 

Article 2 - Rental Period according to booking information 

The Parties agrees that this Agreement terminates upon the End Date specified above. Notwithstanding anything to the contrary in this Agreement or any Exhibits, either Party may terminate this Agreement prior to the End Date with at least one (1) day notice. If this Agreement is terminated prior to the End Date, the Parties will work together to determine whether a refund of Rental Fees is necessary.

Article 3 - Payment according to booking information 

Rental fee includes the following:

a) Unlimited mileage

b) Service and maintenance

c) Road tax and radio insurance

d) Motor insurance coverage (excess applicable)

e) 24-hours breakdown and emergency service (Singapore only); and

f)  Malaysia (Johore only) usage (at an additional charge of $20 per day for locations in the state of Johore, and only with pre-approval from Owner)

Owner shall retain deposit to be used, in the event of loss of or damage to the Vehicle during the term of this Agreement, to defray fully or partially the cost of necessary repairs or replacement. In the absence of damage or loss, said deposit shall be credited toward payment of the rental fee and any excess shall be returned to the Renter.

In addition, the Renter acknowledges that they shall be liable at the end of the Rental Period to pay to the Owner 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 ($20 per driver); non-disclosure or subletting will result in a penalty of $3000

b) charges for petrol or other fuel used (but not oil);

c) road user charges;

d) charges for late return of the Vehicle;

e) charges for damage to or repair of the Vehicle; and any enforcement charges relating to such damage or repairs (including legal costs); accumulated by Renter’s use of Vehicle during the term of this Agreement

f) applicable excess fee in the event of an accident and/or damage involving the Vehicle during the Renter’s period of rental, in which an insurance claim has to be made, at the sole discretion of the owner;

g) charges for cleaning the Vehicle's interior if the Vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing, $30 for basic car wash and $60 for interior cleaning. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette smoke;

h) all costs incurred by the Owner for repair and maintenance of the Vehicle due to an act of negligence during the Renter’s use of the Vehicle and/or due to an act by the Renter which is in violation of this Agreement;

i) All costs incurred by the Owner for any repossession acts of the Vehicle;                 

j) All costs and legal fees incurred by the Owner due to an act by the Renter which is in violation of this Agreement;

k) Compensation for loss of revenue and ability to re-rent the Vehicle due to an act by the Renter which is in violation of this Agreement;

l) traffic and/or parking offence infringement fees; and

m) any administration fees as specified in this Agreement

n) If any of the condition not fulfil within the time line will result in a breach of contract and a min penalty of $3000 will be impose or damages whichever is higher.

Said Rental Fee should be paid in full before commencement of the rental period for rental periods not exceeding 1 month and on a weekly basis for rental periods of 1 month and above, unless stated otherwise. If Renter fails to pay any money due under or in connection with this Agreement within 3 days of the date by which the Renter was required to pay the money. Late fee will also be charge $20 daily if not paid on time, the Owner reserves the right to pursue the appropriate action and remedies to repossess the Vehicle and/or recover the due Rental Fee, such as, but not limited to, activating a vehicle repossession team. In such a case, the Renter will be charged and must pay all additional costs as outlined below:

a) interest at 12% (compounded daily) on the total amount owing from the expiry of 3 days from the date on which the Renter was required to pay the money to the date of payment;

b) All costs incurred by the Owner for the repossession of the vehicle;
c) All costs incurred by the Owner for the collection of the unpaid money by a debt collection agency or other external or legal agency;

d) Compensation for any loss of income by the Owner; and
e) an administration fee

Article 4 - Existing Damage to Vehicle

The Parties acknowledge the existing damage to the Vehicle as notated below:

Article 5 - Insurance

The Owner shall insure the Vehicle against:

a) All 3rd party risks and liabilities;

b) Loss or theft to the Vehicle; and

c) Damage to the Vehicle, subject to appended Non-Waiverable Excess of:

    - S$4000 for Own Damage Claims (per accident), $8000 Overseas Own Damage Claim

    - S$4000 for Third Party Claims (per accident), $8000 Overseas Third Party Claim

    - S$500 for Windscreen

    - Additional S$3,000 to the above for drivers who are under 22 years of age or with less than two years of driving experience

The Renter will be responsible for the payment of the full excess amount, upon report of an accident. This amount should be paid to the Owner, without demand, within 48 hours from the accident date/time. Any failure to comply may lead to a termination of this Agreement, cause the forfeiture of the refundable deposit and/or any amount withheld by the Owner. The Owner will reserve the right to pursue the appropriate actions and remedy to recover the excess amount should the refundable deposit and/or monies withheld by the Owner be insufficient to cover the excess.

In the event of an accident, the Renter shall:

a) Obtain vehicle registration numbers, names and addresses of the parties and witnesses involved;

b) Not admit fault or liability

c) Not abandon the Vehicle

d) Notify the Owner immediately

e) Make an accident report at IDAC

f) Make a police report in the event of any injury

In the case of an unreported accident, the Renter will be fully liable for all damages.  

Insurance coverage is limited to Singapore and Malaysia. In the event of any accident, damage to the Vehicle and/or the motor vehicle of a third party in area or date out of the coverage of insurance, the Renter shall bear full liability and related costs. Indicate Malaysia travel date and state:

Article 6 - Indemnity

Regardless of insurance coverage, Renter shall fully indemnify the Owner, by taking sole and full responsibility, for any loss, damage, and legal actions, including reasonable legal, compensatory and repair fees that Owner suffers due to Renter’s use of Vehicle during the term of this Agreement, including but not limited to, damage to the Vehicle, damage to the property of others, injury to Renter, and injury to others. This provision survives the termination of this Agreement.

Article 7 - Owner Warranty

The Owner represents that to the best of his knowledge and belief that the Vehicle is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use.

Article 8 - Renter Warranties

The Renter confirms that Renter is (a) legally allowed to operate the said Vehicle as per the Rental Period and agrees that Renter will not (b) allow any other person to operate the Vehicle; (c) operate the Vehicle in violation of any laws or for an illegal purpose that is not in accordance to the Singapore law and that if Renter does, Renter is responsible for all associated tickets, fines and fees; (d) use the Vehicle to push or tow another vehicle; (e) use the Vehicle for any race or competition; (f) operate the vehicle in a negligent manner; (g) remove or deface any identification marks or plates affixed to the Vehicle; (h) remove or deface any electronics, parts and accessories affixed to the Vehicle; (i) fit any accessories to and/or make modifications to the Vehicle without consent of the owner

The Renter shall be responsible for all petrol and road user charges such as Electronic Road Pricing, parking charges and traffic fines arising from use during the rental period.

The Renter accepts that the use of the Vehicle in Malaysia is subject to the legislations of the Malaysian government and that all costs and liabilities arising from usage of the Vehicle outside of Singapore will be fully borne by the Renter.

In the event of any failure to adhere to the above, the Owner will reserve the right to pursue the appropriate actions and remedy to recover damage costs and/or compensation for loss of income from the Renter.

Article 9 - Additional Drivers

All requests for additional drivers, other than the Renter, be allowed to operate said Vehicle will be at the sole discretion of the Owner, and at an additional charge.

Article 10 - Renter Obligations

The Renter shall ensure that:

a) all reasonable care is taken when driving and parking the Vehicle;

b) the water in the Vehicle's radiator and battery is maintained at the proper level;

c) the engine and transmission in the Vehicle is maintained at the proper level;

d) only the fuel type specified for the Vehicle will be used;

e) the tyres are maintained at their proper pressure;

f) the Vehicle is locked and secure at all times when it is not in use and the keys kept under the Renter'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 Renter believes the Vehicle requires mechanical attention, the Renter will stop driving and advise the Owner immediately;

j) all drivers authorised to use this Vehicle during the term of hire are aware of and comply with the terms outlined in the Agreement;

k) There will be no smoking of cigarettes in the Vehicle, $300 penalty will be impose if caught smoking

l)  the Vehicle is only driven within the land area of Singapore and Malaysia (only with the knowledge of and pre approval from the Owner);

m) any authorised driver carries their driver's licence with them in the Vehicle at all times and will produce it on demand to any enforcement officer; and

n) he/she will take sole and full responsibility for his/her own actions during the use of the Vehicle in the specified rental period.

o) Battery and Tyres are check and replace according to the maintenance schedule, client to check date and condition as we do not cover cost on both Battery and Tyres. 

In the event of any failure to adhere to the above, the Owner will reserve the right to pursue the appropriate actions and remedy to recover any damage costs and/or compensation for loss of income from the Renter.

Article 11 - Mechanical Repairs and Accidents

If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Renter shall notify the Owner of the full circumstances by telephone immediately.
The Renter shall not arrange or undertake any repairs or salvage without the Owner'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.
If the Vehicle requires repair or replacement, the decision to supply another Vehicle to the hirer is at the owner's sole discretion.

The Renter promises to indemnify the Owner, by taking sole and full responsibility, of any incidental costs due to accidents and mechanical repairs, legal costs and actions, forms of monetary compensation, costs relating to damage to the Vehicle, costs relating to damage to any third party Vehicle/persons occurring on/resulting from the Renter’s use of the Vehicle during the specified rental period in this agreement.

If any of the condition not fulfil within the time line will result in a breach of contract and a min penalty of $3000 will be impose or damages whichever is higher.

Article 12 - Vehicle Maintenance, Fair Wear and Tear, Breakdown

The Owner shall at its own cost, provide service and maintenance to the Vehicle at a regular interval of 10,000km, unless otherwise stated. The Renter shall bear the responsibility and costs for the delivery of the Vehicle at the Owner’s appointed date and time to the Owner’s appointed workshop upon fulfilment of the said mileage interval. This is effective from the recorded mileage in this agreement, on the start date of this agreement. In the event of any failure to honour the above, the Renter shall bear the full responsibility and cost of the next scheduled maintenance of the Vehicle and all related mechanical repair costs with immediate effect, at the sole discretion of the Owner.

The Owner will be responsible for the replacement of tyres at intervals of 50,000km only, batteries at an interval of 24 months only and all other parts of the Vehicle at the sole discretion of the owner, due to fair wear and tear. Based on the sole discretion of the Owner, any failure of the Vehicle’s tyres, batteries or parts caused by what is deemed to be an act of negligence by the Renter, the Renter shall bear the responsibility and cost of ensuring the Vehicle gets an appropriate replacement and/or mechanical repair with immediate effect.

Battery and Tyres are check and replace according to the maintenance schedule, client to check date and condition as we do not cover cost on both Battery and Tyres. 

The Owner shall provide 24 hours breakdown and emergency service at no extra cost to the Renter in the event that the Vehicle suffers a breakdown or is involved in an accident. This service is only applicable within Singapore. All costs associated with any breakdown and/or accident arising from the use of the Vehicle outside Singapore will be borne by the Renter.

The Renter agrees that having the Vehicle key locked inside the Vehicle, having the steering wheel locked, changing of punctured tyres and stalling caused by an empty petrol tank do not constitute to a breakdown. The Renter accepts a charge of S$200 if the 24 hours breakdown and emergency service is being deployed for such instances.

The Owner will not be responsible for any incidental costs to due servicing and maintenance.

Article 13 - Traffic Offences

All penalties related to traffic and/or parking offences are the responsibility of the Renter. The Owner undertakes, in the event that the Owner receives notice of any traffic or parking offenses incurred by the Renter, to send a copy of any such notice to the Renter as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the Renter. The Renter has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority.

The Owner may also charge an administration fee of S$100 to cover the cost of processing and sending to the Renter notices related to traffic and/or parking infringements.

Article 14 – Return of Vehicle

The Renter agrees that:

a) The vehicle will be returned to the Owner at the end of the rental period in the exact same condition as when the Renter collected the vehicle at the start of the Rental period.

b) The vehicle will be returned in a prompt and timely manner at the end of the rental period as per the same time of day as when the Renter collected the vehicle at the start of the Rental period. The Owner reserves the right to charge an additional fee of S$20 per hour (or any part thereof) the Renter is late in returning the Vehicle at the end of the Rental period on top of a daily charge per weekday or per weekend base on car model for every 8 hours.

c) The vehicle will be returned with the same amount of fuel (as when handed over) based on the car’s dashboard fuel level indicator.

d) Any refund due to the Renter’s decision for early return of the vehicle will be at the sole discretion of the Owner.

The Owner reserves the right to claim damage costs from the Renter if it is deemed, at the Owner’s discretion, that the above has not been met.

Article 15 - Cancellation of Rental Agreement

The Owner has the right to terminate this Agreement and take immediate possession of the Vehicle if the Renter fails to comply with any of the terms of this Agreement, or if the vehicle is damaged. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the Owner and the rights of the Renter under this Agreement or otherwise.

Article 16 - Arbitration

In the event that the Parties cannot amicably resolve a dispute or damage claim resulting from this Agreement, the Parties agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Singapore, in accordance with the rules of the International Arbitration Act then in effect with one (1) arbitrator to be selected by mutual agreement of the Parties. If the Parties cannot agree on an arbitrator, then the Singapore International Arbitration Centre shall select an arbitrator from the Singapore International Arbitration Centre Panel. The laws of the Republic of Singapore shall apply to the arbitration proceedings. The Parties agree that the arbitrator cannot award punitive damages to either Party and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction

Article 17 - Disputes and Governing Law

The laws of the Republic of Singapore without regard to any conflict of law principles govern this Agreement. No action, arising out of the transactions under this Agreement may be brought by either Party more than one year after the cause of action has accrued.

Article 18 - General

This Agreement, including all Exhibit(s), constitutes the entire agreement between the Parties in connection with the subject matter hereof and supersedes all agreements, proposals, representations and other understandings, oral or written, of the Parties and any current or subsequent purchase order(s) provided by Affiliate. No alteration or modification of this Agreement or any Exhibits shall be valid unless made in writing and signed by an authorized Affiliate of each Party. The waiver by either Party of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach and any waiver must be in writing and signed by an authorized Affiliate of the Parties hereto. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any notice or other communication required or permitted hereunder shall be given in writing to the other Party at the address stated above, or at such other address as shall be given by either Party to the other in writing. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled, and apply to respective successors and rightful assignees.