AUTOMOBILE LEASE AGREEMENT
Additional Drivers:
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Driver 1
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IC/UEN No.
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Contact
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Address
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Email
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Driving Issue Date
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Driving Class
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D.O.Birth
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Driver 2
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IC/UEN No.
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Contact
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Address
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Email
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Driving Issue Date
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Driving Class
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D.O.Birth
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Remarks:
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Other Charge
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CDW
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Other Remarks
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Inform 2 weeks in advance if returning, before/after contractual period.
If notice period is not fulfilled, deposit will be forfeited.
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- Payment of the deposit and the first rental fee must be cleared upon the collection of the car from 1Axis Rental Pte. Ltd.
- Subsequent weekly rental fees can be made by Paynow to UEN No.: 202042210R118 (with a clear indication of the car registration number on the remarks).
- In the event that the Lessee decides to cancel a reservation where a booking deposit has already been placed, there shall be no refund on the deposit collected. Strictly no refund after the deposit.
- You shall pay 1Axis Rental Pte. Ltd. a late fee of S$20 per day if the rental fee is not paid on the due date (Monday).
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Vehicle check out
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Date:
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Time:
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By:
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Vehicle is due back
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Date:
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Time:
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By:
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Vehicle returned
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Date:
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Time:
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By:
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Late Return
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- Every late hour is chargeable at S$10 for cars below 1600cc;
- S$20 per hour for cars above 1600cc, up to the 4th hour.
- Further delays will result in the Lessee(s) being charged for a whole day rental for that particular vehicle.
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OTHER TERMS
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Belonging
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All belongings left in cars will be discarded.
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Excessive wear & use
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Servicing Mileage
If the vehicle is returned with a servicing mileage that exceeds or is less than 1,000km from the next scheduled service, S$80 will be deducted from the deposit. Regular servicing is crucial to maintaining the quality of our vehicles, so please monitor your mileage closely.
Major Damage
In the event of any major damage to the vehicle, such as long, deep scratches or significant dents, the repair costs will be assessed by our workshop and deducted from the deposit accordingly.
Cleanliness
Vehicles must be returned in a clean condition. If the vehicle is returned in an unsatisfactory state of cleanliness, a S$30 cleaning fee will be deducted from the deposit.
Malaysia Use - Maintenance Check
Vehicles entering Malaysia for trips exceeding 3 days are encouraged to undergo a maintenance check at our workshop to assess the condition of tyres, battery health, and other essential components. Please note that repair and towing services in Malaysia are not covered by 1Axis Rental Pte. Ltd.
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Insurance
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Mandatory excess for each and every single accident when used in Malaysia
With/Without CDW: S$4000 + S$4000 + Singapore's excess
Mandatory excess for each and every single accident when used in Singapore
Without CDW: S$3000 + S$3000 + S$100 (Windscreen Excess, subject to GST)
With CDW (S$5/day) : S$1500 + S$1500
With CDW (S$6/day) : S$1000 + S$1000
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Downtime Waiver
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If the car is in the workshop for a duration between 4 and 8 hours, a half-day rental fee will be waived.
If the car is in the workshop for a duration exceeding 8 hours, the full-day rental fee will be waived.
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Others
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If you fail to make any due payment to 1Axis Rental Pte. Ltd. and it results in the towing of the
rental/leased vehicle, charges such as towing fees, lost key charges, vehicle repair charges, admin fees, etc., will be applied.
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This Automobile Lease Agreement (hereinafter referred to as 'this Agreement') is made among the Lessor, Lessee, and Guarantor as referred to in the Schedule hereto.
WHEREBY IT IS AGREED AS FOLLOWS: -
The Lessor leases the vehicle to the Lessee, and the Lessee takes possession of the vehicle from the Lessor under the terms and conditions outlined in this Agreement. Throughout this Agreement, the term 'Vehicle' includes all accessories delivered with the vehicle at Clause 6.1, as well as any accessories that the Lessor may install in the vehicle 3during the Lease Period.
1. Security Deposit and Initial Payment
1.1 The Lessee shall, upon the signing of this Agreement, pay to the Lessor the Security Deposit (unless expressly waived by the Lessor in writing) as security for the performance of the Lessee’s obligations and observance by the Lessee of all terms and conditions in this Agreement.
1.2 The Lessee is obligated to maintain the Security Deposit at the same amount throughout the term of this Agreement. However, the Lessor, at their discretion, can use the Security Deposit or a portion of it at any time to fulfil any of the Lessee's obligations, either wholly or partially. The Lessee is not entitled to such use of the Security Deposit.
1.3 The Security Deposit shall be refunded, interest-free, and after deducting therefrom any amount under Clause 1.2, upon the expiry of the Lease Period, provided that the Lessee shall have fully discharged its obligations under this Agreement.
2. Payment of Rental
2.1 The Lessee shall during the Lease Period pay the Lessor in advance, punctually without demand and free of any deduction counterclaim or setoff, the Initial Payment and the Rental and other charges (if any). The Initial Payment, equivalent to the first month’s rent, shall be paid on or before the signing of this Agreement. Subsequent monthly rents are due on or before each Due Date. In this Clause 2.1, time is of the essence and the Lessee’s failure to pay any sum by the date it becomes due shall be deemed a repudiation of this Agreement on the part of the Lessee.
2.2 All payments due hereunder shall be made to the Lessor at the address stated herein or at such other address as the Lessor may from time to time communicate to the Lessee. Any payment made by post shall be at the risk of the Lessee.
3. Increase in Taxes, Insurance Premiums and Other Charges
Unless specifically excluded in the Schedule, the rent provided in the Schedule to this Agreement is based on existing legislation, taxes, insurance premiums, and maintenance charges. Therefore, any increase in taxes, insurance premiums, or maintenance charges for any reason whatsoever or the imposition of any additional duty or tax by reason of changes in legislation shall be borne by the Lessee and payable upon demand. A statement from the Lessor on the amount payable herein shall be final and conclusive.
4. Insurance and Road Tax
4.1 The motor insurance on the vehicle shall at all times be taken out in the name of the Lessor. If the premium for the insurance is not included in the rental, the Lessee shall make advance payments of the premiums (plus a processing/administration fee charged by the Lessor) on a yearly basis. The first-year premiums shall be paid on or before the signing of the agreement, and thereafter, not less than 14 days before each expiry date or upon demand by the Lessor.
4.2 The Lessee shall, upon demand, pay the Lessor the excess amount as stated in the insurance policy in respect of each and every instance in which the Vehicle is damaged or, if so required under the insurance policy, regardless of whether the damage or the reason was attributed to or caused by the Lessee. Such excess amount includes additional insurance excess chargeable if
- (i) the Lessee and/or named driver of the Vehicle is below 22 years of age or has less than 2 years of legal driving experience, or
- (ii) the Vehicle was driven by an unnamed driver.
4.3 In the event of an accident, the Lessee shall follow strictly to the procedures prescribed in the insurance policy for such an event, and in any event, the Lessee shall take the following actions:
- 4.3.1 Obtain the vehicle registration number, names, contact numbers, and addresses of parties involved, including any witnesses to the accident.
- 4.3.2 Do not admit fault or liability for the accident.
- 4.3.3 Immediately (within 24 hours), notify the Lessor of the accident.
- 4.3.4 Supply a copy of the Police Report (where applicable) and such information and assistance in connection with the accident as the Lessor or its insurers may require.
4.4 In the event that the Lessor is unable, for any reason whatsoever, to claim on the insurance policy for any loss or damage to the Vehicle, the Lessee shall indemnify and keep the Lessor indemnified against such loss or damage. The Lessee shall also remain fully liable for the entire balance of the Rentals payable under the Agreement.
4.5 The road tax on the vehicle shall always be the responsibility of the Lessor. However, if the road tax is not included in the rental, the Lessee shall make yearly advance payments to the Lessor, covering the road tax and any processing/administration fees charged by the Lessor. The initial payment for the first year's road tax should be made on or before the signing of this agreement, and subsequent payments are to be made not less than 14 days before each expiry date or upon demand by the Lessor.
5. Ownership of Vehicle
5.1 The Vehicle is the property of the Lessor, and the Lessee shall have no right to the Vehicle other than as a Lessee. The Lessee shall not do, permit, or cause anything whereby the rights of the Lessor are or may be prejudiced or affected.
5.2 If the Lessor’s rights or title to the Vehicle are infringed, jeopardized, or prejudiced as a consequence of any act by the Lessee or the named driver(s), the Lessee shall indemnify the Lessor against all costs, damages, expenses, or loss in connection with removing or remedying such infringement, jeopardy, or prejudice.
5.3 Notwithstanding anything stated herein, the Lessee shall allow the Lessor to inspect the Vehicle upon reasonable request. The inspection shall take place at any of the Lessor’s offices as determined by the Lessee or at such other place as determined by the Lessor.
6. Use and Custody of Vehicle
6.1 The Lessor or the Distributor will deliver the Vehicle to the Lessee within ten (10) days, or such other extended time as the Lessor and Lessee may agree upon in writing, from the due registration of the Vehicle. The Lessee shall, at its own expense, arrange and take delivery of the Vehicle upon notice from the Lessor or its agent/representatives."
6.2 The Lessee shall at all times use the Vehicle in a lawful manner and for lawful purposes only. The Lessee shall not use the Vehicle in any manner that contravenes the terms of the insurance policy on the Vehicle or in a manner prejudicing any claim under the said insurance policy or invalidating the said insurance policy.
6.3 The Lessee shall, at all times, observe all traffic regulations and laws. In the event of a breach thereof, the Lessee shall immediately inform the Lessor and, unless otherwise directed by the Lessor, pay all fines and penalties that may be incurred. The Lessee shall also respond to all Police and Traffic Summonses, Notices, and Inquiries in connection therewith. If the Lessee fails to pay such fines or penalties, the Lessor reserves the right to pay them on behalf of the Lessee. The Lessee shall reimburse the Lessor for the payment and additionally pay the Lessor an administrative fee of SGD$50.00 for each instance.
6.4 The Lessee shall ordinarily keep the Vehicle at the address as set out in the Schedule or such other address as the Lessor may, upon the Lessee’s request, approve in writing, and shall further keep the vehicle free from distress, executive or any other enforcement or legal proceedings.
7. Service / Maintenance of Vehicle
7.1 The Lessee agrees covenants and undertakes, at his own cost and expense, to:-
7.1.1 Comply at all times with the instructions contained in the Vehicle manufacturer’s manual and do not do anything that would render the Vehicle manufacturer’s warranty for the vehicle void and/or inapplicable.
7.1.2 Use premium-grade petrol for the Vehicle (or such other fuel as is recommended by the manufacturer), and ensure that the Vehicle has sufficient oil and water at all times, and that the tire pressure is at the prescribed level.
7.1.3 Keep and maintain the Vehicle in good mechanical, operational, and roadworthy condition. Also, maintain the vehicle in a clean state and promptly report to the Lessor if there is any missing, damaged, or defective part.
7.1.4 Maintain and service the Vehicle: (i) at intervals and in a manner prescribed in the package (where applicable); or (ii) where there is no package, every 6 months (beginning from the Commencement Date) or every 10,000 kilometers, whichever is earlier, or at such times, frequencies, or intervals and in such a manner as recommended by the Distributor and/or manufacturer of the Vehicle and/or requested by the Lessor.
7.1.5 Cause the Vehicle or any accessory thereof to be serviced, repaired, replaced, or adjusted only: (i) at a garage stipulated in the Package (where applicable); or (ii) where there is no Package, at a garage authorized by the Lessor and indicated in the Schedule.
7.1.6 Comply at all times with the instructions and terms of the Package (where applicable) and do not do anything to breach the same.
7.1.7 Pay for any maintenance work, service, repairs, replacements, or adjustments to the Vehicle that is not covered by: (i) the Package (where applicable); (ii) the Vehicle manufacturer’s and/or Distributor’s warranty.
7.1.8 Promptly notify the Lessor of all cases of breakdown or damage and, as far as possible, provide particulars of any damage and the location of the Vehicle.
7.1.9 Promptly report any faulty operation or other defects experienced by the Lessee or named driver(s) of the Vehicle.
7.1.10Lessor will cover all service and maintenance costs for the vehicle, except for issues arising from the hirer's own negligence, tyre punctures, nails in tyres, or burst tyres.
7.2 In the event that any servicing, repairs, replacements, or adjustments to the Vehicle or any accessory thereof are done or permitted by the Lessee and/or the named driver(s) to be done by garages other than that stipulated in 7.1.5, the Lessee shall be solely responsible or liable for the costs and expenses of the servicing, repairs, replacement, or adjustments. The Lessee shall indemnify and keep the Lessor indemnified for all costs, expenses, and damages whatsoever incurred by the Lessor as a result of such unauthorized servicing, repair, replacements, or adjustments, including the costs of reinstating (if possible) the Vehicle manufacturer’s warranty and/or the Package if the same is voided or made inapplicable.
7.3 In any event, the Lessee shall indemnify and keep the Lessor indemnified against all costs incurred in servicing, repairs, replacement, or adjustment required to be done to the Vehicle due to any damage or defect caused by the Lessee or named drivers' negligent use of the Vehicle.
7.4 If the Vehicle is maintained under the Package, the Lessor may, at its absolute discretion, provide the Lessee with either of the following (but not both):
(i) The Lessor may compensate and reimburse the Lessee for the necessary transportation costs incurred arising from or in connection to the Vehicle being serviced or maintained at the garage, subject to a maximum reimbursement of SGD$60.00 per day for each and every regular servicing or maintenance needed and performed on the Vehicle.
OR
(ii) If the time taken to effect service, repairs, and/or maintenance to the Vehicle exceeds 24 hours, the Lessor may arrange to provide the Lessee with a courtesy vehicle of similar seating capacity within Singapore only, provided that (a) the Lessee shall be responsible for the petrol expended in using the courtesy vehicle, and the Lessee shall return the courtesy vehicle with the same amount of premium-grade petrol as when the Lessee first took the courtesy vehicle; (b) the Lessee shall arrange for the collection of the courtesy vehicle at such address as the Lessor decides; and (c) unless inapplicable, the terms of this Agreement shall similarly apply to and govern the use of the courtesy vehicle.
7.5 Any repair/replacement for a vehicle that comes with an original turbo engine is borne by the Lessee.
8. 24-Hours Emergency Breakdown and Towing Service
8.1 Unless specifically excluded in the Schedule, the Lessor shall, through the Distributor or other independent contractor(s), provide, within Singapore, a 24-hour Emergency Breakdown and Towing Service to the Lessee at prevailing costs or fees determined at the Distributor’s or other independent contractor’s sole discretion and chargeable to the Lessee, in the event the Vehicle suffers a breakdown or encounters an accident. The Lessor shall not be liable to the Lessee in respect of any claim, loss, or damage arising from the said service provided by the Distributor or other independent contractor. For the avoidance of doubt, the Lessee agrees that the following events do not constitute a breakdown: -
8.1.1 Punctured tyres;
8.1.2 Vehicle keys locked inside the Vehicle and;
8.1.3 The Vehicle running out of petrol
9. Exclusion of Liability
9.1 The Lessor gives no warranty or representation, express or implied, of any kind, including as to the Vehicle’s quality or fitness for any purpose, in respect of the Vehicle.
9.2 In taking possession of the Vehicle, the Lessee shall be deemed to have satisfied himself that the Vehicle is roadworthy and in good, proper, and safe mechanical and operational condition. The Lessee shall indemnify and keep the Lessor indemnified against all loss and damage resulting from the presence, use, and operation of the Vehicle and shall not claim against the Lessor for any loss, damage, or injury sustained by the Lessee in connection with the Vehicle.
10. Termination by the Lessor
10.1 The Lessor shall be entitled to terminate the Agreement and the hiring hereby constituted and retake possession of the Vehicle if
10.1.1 The vehicle is damaged beyond repair, amounting to a total loss; or
10.1.2 The vehicle is reported or confirmed missing or stolen by the Lessee or any authorities; or
10.1.3 Any representation, warranty, statement, covenant, or undertaking by the Lessee in this Agreement or any document or information provided by the Lessee is false or misleading, or which the Lessor has reason to believe is false or misleading; or
10.1.4 The Lessee shall be in breach of any term or condition of this Agreement, PROVIDED ALWAYS THAT the Lessor shall not exercise any power of retaking possession of the vehicle:
- (i) Arising out of any breach relating to the non-payment of rental or any sums agreed to be paid by the Lessee under this Agreement until the Lessor has served the Lessee with a notice in writing requiring the payment of arrears of rental or any sums to be made within 7 days after the service of the said notice on the Lessee, and such payment has not been made within 7 days; and
- (ii) In respect of any breach that is remediable, other than that aforesaid, if the Lessee makes full remedy of the said breach to the satisfaction of the Lessor within [14] days of the same, together with payment to the Lessor of any costs and damage suffered by the Lessor by reason of the said breach.
10.1.5 There occurs, in the reasonable opinion of the Lessor, a material adverse change in the financial position of the Lessee, or there occurs, in the reasonable opinion of the Lessor, any situation that has materially adversely affected or may materially adversely affect the ability of the Lessee to perform any of its obligations under this Agreement.
10.2 Notwithstanding the preceding sub-clause, the Lessee shall be deemed to be in breach of this Agreement, and the hiring constituted shall ipso facto terminate without the requirement of notice:
10.2.1 If the Lessee shall abandon or attempt to sell, transfer, or part with possession (except as hereinbefore specifically authorized) of the Vehicle; or
10.2.2 If the Lessee shall die; or
10.2.3 If the Lessee shall have a judgment entered against him, a bankruptcy or winding-up petition, or notice presented against him; or
10.2.4 If a Writ of Distress is issued against the Lessee or execution proceedings are levied against the Lessee or the Vehicle; or
10.2.5 If the Lessee has a receiver appointed.
10.3 For the purpose of the repossession of the Vehicle, the Lessee authorizes the Lessor or its employees, servants, or agents to enter any premises in which the Vehicle may be and effect repossession without being liable to any actions or suits of the Lessee or any person claiming under or through him. The Lessee shall indemnify and keep the Lessor indemnified against all actions, claims, loss, or damage arising from repossession.
11. Expiry of Lease Period
The Lessee shall no later than the close of the Lessor’s normal business hour on the last day of the Lease Period (if the last day falls on a public holiday, a Saturday, or a Sunday, then it shall be the next working day thereafter) or upon the termination of this Agreement, return the Vehicle to the Lessor.
12. The Lessee’s Liability on Termination and Expiry
12.1 On the termination or expiry of the Agreement pursuant to clause 10 or 11 or upon the earlier determination of this Agreement at the request of the Lessee:
12.1.1The Lessee shall return to the Lessor the Vehicle (unless repossessed by the Lessor) and all title documents, registration book or certificates, policies and certificates of insurance, licenses, and other documents (if any) relating to the Vehicle at such address as requested by the Lessor in good, proper, roadworthy, and safe condition (fair wear and tear from resonant use excepted) and in the same colour as when the Lessee collected the Vehicle. Failing which, the Lessee shall indemnify the Lessor for all costs of restoring the Vehicle to the like condition. In this connection, the Lessee hereby agrees and acknowledges the appointment of the Contractor shown in the Schedule (in the absence of the Contractor, any other assessor authorized by the Lessor) to assess the general conditions of the Vehicle upon the return of the same to the Lessor pursuant to the real termination and expiry of the Agreement and then to ascertain the costs needed to restore and reinstate the Vehicle to a satisfactory and merchantable state. The Lessee further agrees that the findings and report by the Contractor or any assessor authorized by the Lessor shall be conclusive and binding on the Lessee, and the Lessee shall then indemnify the Lessor for all costs or expenses incurred in repairing the Vehicle in accordance with the said report of findings presented by the Contractor.
12.1.2 The Lessee shall pay all outstanding charges payable by the Lessee under this Agreement.
12.1.3 The Lessee shall pay the Lessor the balance of the Rental payable for the remainder of the Lease Period.
12.1.4 Pursuant to Clauses 12.1.2 & 12.1.3 and upon the Lessee’s request, the Lessor may grant the Lessee, at the Lessor’s sole discretion and determination, settlement rebate and discount on the total amount payable by the Lessee upon early termination of this Agreement, provided always that the Lessee has not breached or is not found to be in breach of the terms and conditions of this Agreement. Such settlement rebate or discount (if any at all) may relate to any unutilized or unexpired interest, road taxes, vehicle insurance, maintenance expenses, or other costs in connection with this Agreement.
12.2 In the event that the Vehicle is not repossessed by or returned to the Lessor, or the Vehicle is damaged beyond repair amounting to a total loss, or it is missing or stolen, the Lessee shall be liable, in addition to the payments in Clauses 12.1.1, 12.1.2, and 12.1.3, to indemnify the Lessor for the market value of the Vehicle, less any COE and/or PARF and/or any other rebates received by the Lessor on the Vehicle. A statement from the Lessor stating the market value of the Vehicle and/or the rebates received shall be final and conclusive.
13. No Liability for Property
The Lessor is not responsible for the loss or damage to any property left, stored, loaded, or transported by the Lessee, the named driver(s), or any other person in or upon the Vehicle. This includes property left with any agents or servants of the Lessor at any time or place, whether at the Lessor’s premises prior to, during, or after the Lease Period. This also applies to any property in a Vehicle repossessed in accordance with the provisions of this Agreement. The Lessee hereby agrees to indemnify the Lessor, its agents, and servants and hold them harmless from any such claims.
14. Prohibited Uses of Vehicle
14.1 The Vehicle shall not be used for the following purposes:
14.1.1 To carry persons or property for hire (prohibited for personal use cars only);
14.1.2 To propel or tow any vehicle or object;
14.1.3 To participate in any race, test, or contest;
14.1.4 For any illegal purpose;
14.1.5 To instruct any unlicensed person in the operating of the Vehicle;
14.1.6 To carry passengers or goods beyond the Vehicle’s permitted capacity;
14.1.7 By the Lessee or any other persons under the influence of any illegal or intoxicating drug and/or substance;
14.1.8 Subject always to Clause 16 below, outside the Republic of Singapore unless otherwise authorized by the Lessor in writing and unless a valid permit is obtained from the Lessor upon payment of the appropriate charges; and
14.1.9 In any way that is prohibited by or would jeopardize or prejudice or void the insurance policy.
14.2 The Vehicle shall not be driven or operated by persons other than the Lessee or the named driver(s).
14.3 Regardless of the terms of the insurance policy for the Vehicle, the named driver(s), and the Lessee (where the Lessee intends to drive the Vehicle) shall:-
14.3.1 Be not less than 22 years of age and not more than 65 years of age (except with the express written consent of the Lessor); and
14.3.2 Each hold a valid driving license for the class of vehicle to which the Vehicle belongs.
15. Independent Contractor – Distributor
15.1 Or, for the avoidance of doubt,", the Distributor is not a party to this Agreement, but a business associate of the Lessor for the purpose of providing Lessor with certain services in respect of the Vehicle as an independent contractor and the Distributor not authorized to act as agent for the Lessor.
16. Malaysia Use
16.1 The Lessor has no objections to the Vehicle being driven into Malaysia by the Lessee, and the Lessee hereby irrevocably undertakes and agrees that:
16.1.1 The Lessee shall indemnify the Lessor against all loss or damage and be responsible for all consequential costs or losses suffered by the Lessor should the Vehicle be impounded by the Malaysian Authorities and/or a summons be issued against the Vehicle.
16.1.2 The Lessee has been advised not to leave the Vehicle unattended (in the event of a breakdown/accident) and not to permit any unauthorized towing of the Vehicle. The Lessee shall endeavour to contact the Lessor in Singapore.
16.2 Without prejudice to Clause 4.3 above, in the event of an accident or damage to the Vehicle or the loss of the Vehicle in Malaysia, a police report must be filed at the nearest Police Station in Malaysia (and if necessary, in Singapore).
17. Accessories
17.1 The Lessee shall not affix or attach any accessory or accessories to the Vehicle without the prior written consent of the Lessor.
17.2 Notwithstanding the consent given by the Lessor pursuant to Clause 17.1, the use of any approved accessory or accessories shall be at the Lessee’s own risk and the Lessor shall not be liable or responsible for any claim, damage, or loss arising directly or indirectly from their use.
17.3 The Lessor retains the right to affix in the Vehicle such accessories that the Lessor deems necessary in its absolute discretion, including GPS tracking device and the Lessee shall not object to the Lessor using the said device.
17.4 The Lessee shall not remove, alter, or tamper with any markings found on the Vehicle.
18. Running Costs
18.1 The Lessee is responsible and liable for all the daily running costs of the Vehicle, including but not limited to
- i. petrol charges;
- ii. Electronic Road Pricing charges;
- iii. parking charges;
- iv. traffic fines.
18.2 Unless expressly provided in the Package, the Lessee is responsible and liable for service maintenance and/or repair charges for the Vehicle, including but not limited to the replacement of the car battery, car tires, and any other consumables.
19. Assignment
19.1 The Lessee shall not, under any circumstances, assign, charge, encumber, sublease, mortgage, pledge, sell, transfer, or otherwise dispose of or part with possession of the Vehicle, or create any lien on the Vehicle, whether for repairs or any other reason.
19.2 The Lessee shall not assign their rights under this Agreement without the prior consent of the Lessor. The Lessor may grant or withhold consent at its discretion and, if granted, may impose such conditions as the Lessor deems fit without providing any reason.
20. Non-waiver of Rights
No forbearance or indulgence on the part of the Lessor to the Lessee in enforcing the terms of this Agreement shall in any way diminish, restrict, or prejudice the right of the Lessor under this Agreement. It shall not operate as or be deemed a waiver of any breach of the terms and conditions herein on the part of the Lessee.
21. Indemnification
The Lessee shall indemnify the Lessor against all actions, claims, loss, liabilities, or damages arising out of any breach of this Agreement by the Lessee or in respect of the use of the Vehicle. The Lessee shall also bear all costs and expenses (including legal costs on a full indemnity basis) incurred by the Lessor in exercising the Lessor’s rights or remedies under this Agreement and/or enforcing the terms and conditions of this Agreement.
22. Amendments
It is hereby agreed that the Lessor shall be at liberty to vary, whether by addition, modification, or removal of any provisions herein, at the absolute discretion of the Lessor.
23. Implied Terms and Conditions
23.1 It is hereby agreed and declared that the terms and conditions of this Agreement in favour of the Lessor are in addition to, and not in substitution for, the terms and conditions implied in law in favour of the Lessor, except insofar as such implied terms and conditions are inconsistent with this Agreement.
23.2 Any of the Lessor’s rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to the Lessor, to the effect that such rights are cumulative and exclusive of each other.
23.3 A person who is not a party to this Agreement shall have no right under the Contracts (Right of Third Parties) Act 2001 to enforce any of its terms.
24. Set-Off or Transfer
Without prejudice to the rights that the Lessor may be entitled to under the law, the Lessee fully understands that the Lessor may, at any time (but shall not be obliged to), without prior notice to the Lessee, combine all or any of the Lessee’s other agreements, accounts, or liabilities with or to the Lessor (whether in Singapore or elsewhere) and set off or transfer any credit balances, overpayments, and any sum standing in credit or in favour of the Lessee towards the satisfaction of the Lessee’s obligations or liabilities with or to the Lessor on any other agreement and account, whether such obligations or liabilities are present or future, actual or contingent. If such combination, consolidation, set-off, or transfer requires the conversion of one currency into another, the Lessor is hereby authorized to effect any such necessary conversions at the Lessor’s sole discretion and at any currency exchange rate that the Lessor deems fit or reasonable without prior notice to the Lessee.
25. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, and the Lessee hereby submits to the non-exclusive jurisdiction of the Singapore Courts.
26. Severance
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.
27. Notice/Demand
Any notice or demand required to be given to the Lessee pursuant to this Agreement shall be sufficiently served if sent by post or delivered to the address stated in The Schedule or to the last known address of the Lessee. It shall be deemed to be made or given on the day it was 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.
28. Disclosure and Data Protection
28.1 Notwithstanding anything in this Agreement, the Lessee hereby gives consent to the Lessor to collect, use, and disclose the Lessee’s data and/or information given in or arising from this Agreement and/or any other documents submitted in connection thereto for the purpose
- (i) carrying out and putting into effect the transaction contemplated by this Agreement;
- (ii) conducting checks to ensure compliance with Lessee's covenants, obligations, and undertakings under this Agreement;
- (iii) conducting checks on the Lessee’s financial standings with any credit bureau and/or credit reference agency without liability or further notice to the Lessee;
- (iv) submitting Lessee’s data, credit history, payment records, and/or all related information arising from this Agreement or other transactions between the Lessee and HCAP to any credit bureau; and
- (v) complying with such collection, use, or disclosure required or authorized under any other laws, or reasonably required in the course of HCAP’s ordinary business.
28.2 Pursuant to the requirements of the Personal Data Protection Act 2012 (the “Act”), where applicable, the Lessee also agrees to be fully bound by the terms and conditions set out in the Lessor’s Privacy and Data Protection Policy, found at the company's email. The Lessee shall continue to be bound by these terms notwithstanding any amendments or changes made by the Lessor from time to time.
29. Early Termination
- In the event that the lessee, who has entered into a contract for all cars for a specified period, wishes to terminate the agreement prior to the agreed-upon end date, the lessee shall be responsible for the payment of the remaining rental fees for the unexpired term. Additionally, the lessee acknowledges that the deposit paid at the commencement of the agreement will be waived as part of the early termination process.
GUARANTEE (where applicable)
30. In consideration of the Lessor entering into this Agreement at the request of the Guarantor, the Guarantor hereby undertakes and agrees with the Lessor as follows:
30.1 The Guarantor guarantees (by way of continuing security) the payment by the Lessee of all sums due under the Agreement and the due performance of all the Lessee’s obligations under it.
30.2 The Guarantor’s liability under this guarantee shall not be impaired or discharged by reason of any time or other indulgence granted by the Lessor to the Lessee, or by reason of any arrangement entered into or composition agreed upon by the Lessor modifying (by operation of law or otherwise) the rights and remedies of the Lessor or any omission on the part of the Lessor to enforce any of the Lessor’s rights against the Lessee.
30.3 The Lessor shall be at liberty (but not obliged) to vary, exchange, abstain from perfecting, or release any other securities held or to be held by the Lessor for or on account of money intended to be secured by this guarantee or any part of it without affecting the Lessor’s rights against the Guarantor by doing so.
30.4 The Guarantor shall rank in any insolvency in respect of any sum paid by the Guarantor under this Guarantee and in respect of any rights that may accrue to the Guarantor in respect of any sum so paid, and be entitled to enforce those rights only after all sums secured by this Guarantee have been paid in full.
30.5 This guarantee shall be in addition to any other guarantee or other security for the Lessee that the Lessor may hold now or later.
30.6 Though as between the Guarantor and the Lessee, the Guarantor is a surety only for the Lessee, yet as between the Lessor and the Guarantor, he shall be deemed the principal debtor for all the monies the payment of which is hereby guaranteed. Accordingly, the Guarantor shall not be discharged, nor shall the Guarantor’s liability be affected in any way by any fact, circumstance, act, omission, or means whatsoever, whether known to the Lessor or not, whereby the Guarantor’s liability hereunder would have been discharged if the Guarantor had not been a principal debtor.
30.7 This guarantee shall be governed by the laws of the Republic of Singapore, and the Guarantor herein agrees to submit to the non- exclusive jurisdiction of the Courts of the Republic of Singapore.
30.8 If the guarantor is two (2) or more persons, all obligations of the Guarantor shall be construed as joint and several, and the expression “Guarantor” shall mean each of such persons. In this guarantee, the masculine includes the feminine and the neuter, and the singular includes the plural and vice versa. References to persons include references to corporations where appropriate.
30.9 Notwithstanding anything in this Agreement, the Guarantor hereby gives consent to the Lessor to collect, use, and disclose Lessee’s data and/or any information given in or arising from this Agreement and/or any other documents submitted in connection thereto for the purpose of
- (i) carrying out and putting into effect the transaction contemplated by this Agreement;
- (ii) conducting checks to ensure compliance with Guarantor's covenants, obligations, and undertakings under this Agreement;
- (iii) conducting checks on Guarantor’s financial standings with any credit bureau and/or credit reference agency without liability or further notice to the Guarantor;
- (iv) submission of Guarantor’s data, credit history, payment records, and/or all related information arising from this.
MPV
