GMA AUTO ENTERPRISE LLP (hereinafter called the Owner”, which expression shall where the context so admits include the owner’s successors-in-title) hereby agrees to let and the hirer named herein (thereinafter called “the Hirer”) agrees to take on hire the motor vehicle described herein (hereinafter called “the said vehicle”) subject to the following terms and conditions:-
1. The said vehicle (and all tools and accessories therein) is the property of the Owner and the Hirer shall be a mere bailee thereof and no interest in it shall pass to the Hirer.
2. The hiring shall commence on the date and at the time specified and shall continue for the period and end on the date and at the time stated unless extended or as expressly requested
by the Hirer.
3. The Hirer shall pay in cash prior to the commencement of the hiring a hire charge specified herein. No part of such hire charge shall in any circumstances be refundable except at the discretion of the Owner.
4. If the Hirer shall fail to return the said vehicle at the expiration of the period of hire, then without prejudice to the other rights of the Owner, the Hirer shall pay to the Owner for every
hour elapsing between the time of such expiration and the time the said vehicle is returned to the Owner, such further other charge in accordance with the Owner’s current rate of hire
charges or at such other rates as the Owner may in its absolute discretion thinks fit.
5. The said vehicle may only be driven by the Hirer or by person or persons who have been expressly designated and authorised herein (hereinafter called “the authorised driver”). The
Hirer and the authorised driver must be in possession of a valid-driving license and shall at all times drive the said vehicle in a careful and skillful manner, observing the traffic regulations
and laws and in the event of any breach thereof, the Hirer shall pay all fines and penalties which may be incurred and shall also answer all Police and Traffic Court Summonese, Notices
and Inquiries in connection therewith. Particular attention is to be accorded to the following:-
(i) the Hirer shall not carry load or passengers in excess of the Motor Vehicle’s Licensed carrying capacity;
(ii) the Hirer shall not drive the said vehicle whilst under the influence of intoxicating liquor or drugs;
(iii) it is expressly forbidden to hire the said vehicle out to third persons or to let unauthorised persons or learners to use the said vehicle or to permit the said vehicle to be used for illegal purposes (for instance: in connection with theft, drug pedaling or trafficking, smuggling or any other criminal activity) or the purposes of test or racing. Failure to comply may entail serious consequences as the Hirer assumes full responsibility and in the event of the said vehicle being seized, confiscated or forfeited as a result thereof, the Hirer shall indemnify the Owner for all losses incurred including the value of the said vehicle;
(iv) the Hirer and the authorised driver must be over 23 years of age and be holding a valid driving licenses and have a minimum of 2 years regular and qualified driving experience.
6. The Hirer or authorised driver shall report all accidents involving the said vehicle to the Owner immediately and also to the police not later than 24 hours after the accident. The Hirer or authorised driver shall not admit or compound any claim either partially or in full. Hirer is to secure the names and addresses of all witnesses as well as the registration number of all vehicles involved in the accident. All communications or letters received from the police or third parties are to be referred to the Owner immediately. The Hirer shall not abandon the said vehicle without adequate provisions for safe guarding and securing the same, Failure to comply with rule 6 will render Hirer liable for all cost and third party claims irrespective of COW fee being paid.
Tyre puncture is not considered normal wear and tear.
7. The Owner shall not under any circumstances be liable to make any payment to the Hirer in respect of or to indemnify the Hirer against any loss, injury or damage sustained by the Hirer
or by any third party as a result of the use of the said vehicle or as a result of any defect therein and in taking delivery of the said vehicle the Hirer shall be deemed to have satisfied himself that it is in all respects roadworthy and in a proper and safe condition.
8. If for any reason the vehicle described in the schedule of any other vehicle ordered by the Hirer prior to the commencement of the period of hire is not available at the time of such
commencement, the Owner shall have the right to replace the said vehicle with an alternative vehicle of similar seating capacity and performance and if no such alternative vehicle is available or if the Owner shall decline to provide an alternative vehicle then the Hirer shall be repaid by hire charge and deposit (if any) paid by him after offsettng the rental charge and costs incurred but shall have no other claim of any kind whatsoever against the Owner. However if no deposit is paid, Hirer must pay for rental charge incurred on demand.
9. The Hirer shall pay for the cost of petrol during the period of hiring PROVIDED ALWAYS that the Hirer having taken delivery of the said vehicle with a full tank of petrol shall return it likewise failing which the Owner shall be entitled to refill the tank and the cost thereof shall be recoverable from the Hirer.
10. The registered Hirer may be provided with a Personal Accident policy by paying a minimum charge of S$5.00 per day. The Personal Accident policy covers against Loss of Life, Permanent
Dismemberment and Total Loss of Sight caused solely by violent accidental external and visible means, whilst the registered Hirer and/or passengers and/or driver (who is authorised by the registered Hirer) is driving in, boarding or alighting from the registered rental vehicle. For exact details of cover, please refer to the policy lodged with the Company,
11. The said vehicle shall be covered under a Motor Vehicle Insurance Policy which contains an excess clause for 1st party (ie own vehicle) and excess for damage claim by 3rd party vehicle.
The excess amount is stated overleaf. A person below 23 years of age and holds a Driving License of less than a year is not covered under this Insurance Policy unless special arrangement is made for coverage.
12. On or prior to the expiration of the period of hire, the Hirer shall return the said vehicle together with all tyres, tools, accessories and equipment to the Owner at any of the Owner’s designated stations in as good order and condition as the said vehicle was when collected by the Hirer from the Owner.
13. No relaxation forbearance or indulgence by the Owner in enforcing any of the terms and conditions of this Agreement shall prejudice or affect the rights and powers of the Owner hereunder nor shall any waiver or any breach operate as a waiver of any subsequent or continuing breach.
14. The Hirer is responsible for obtaining an Area License for entry into the Restricted Zone of the Central Business District during operative hours, where applicable.
15. In the breach of the terms and conditions of the agreement the Owner reserves the right to resume possession of the hired vehicle at anytime from the Hirer in the Owners’ interest without prejudice.
16. The Owner shall not be liable to the Hirer or any person for any loss or damage whatsoever and howsoever caused or occasioned by reason of the Owner resuming possession of the vehicle nor shall the Owner be liable to any person for monies, goods, articles or things not belonging to the Owner which are in or alleged to be in the vehicle at the time the Owner resumes possession of the vehicle.
17. The Hirer shall not take the said vehicle outside mainland Singapore. Malaysia or any other territory outside Singapore without the written consent of the Owner. Failure to comply with this term may entail serious consequences and the Hirer shall assume personal arid full responsibility and in the event of the said vehicle being damaged, seized, confiscated or forfeited as a result thereof, the Hirer shall indemnify the Owner for all losses incurred including the value of the said vehicle.
18. That in addition, the Hirer shall be deemed to have extended the period of hire by reason of the Hirer’s failure to return the said vehicle or continued possession and/or continued use of the said vehicle upon the same terms and conditions contained herein. The Hirer shall also be bound by these terms and conditions in respect of any replacement vehicle hired in lieu of the said vehicle by means of New Rental Agreement or Replacement Voucher.