Terms

1. No Waiver / No Reliance No failure or delay by the Owner in exercising any right under this Agreement constitutes a waiver of that right. The Renter acknowledges that they have not relied on any representation, statement, or assurance not expressively set out in this Agreement. The Renter acknowledges that no employee or agent of the Owner has authority to make representations inconsistent with this Agreement.

2. Condition Precedent clause The Renter acknowledges that the release of Vehicle is conditional upon completion and approval of all required ID checks, verification procedures and executions of this Agreement. Failure to complete these may result in cancellation of the booking.

3. Agreement Rules
3.1. Eligibility and Permitted Use: The Renter must be at least 21 years old, possess a valid driver’s license at the time of rental pick up. The vehicle shall only be used for lawful purposes and may not be used by individuals other than the Renter or approved drivers registered.
3.2. Off-road use, racing, towing, or any similar activities are strictly prohibited.
3.3. The vehicle must not undergo any modification, including but not limited to installing interlock devices, during the rental period.

4. Maintenance Responsibilities: The Renter is responsible for regular monitoring of fuel levels, oil levels, and tire pressure during the rental period. 4.1. Renters who have rented for longer than 8 weeks are responsible for consumable parts, replacement fees, including but not limited to tires, brake pads, light globes, and the battery.
4.2. The following remain the responsibility of the vehicle provider: engine inoperative, alternator inoperative, transmission malfunction, safety checks, and routine vehicle services.

5. Prohibited Substances: Smoking, drink driving or the transportation of illegal substances in the vehicle is strictly prohibited. Penalty fees will apply for violations.

6. Fuel Policy: The vehicle must be returned with a full fuel level. A refuel charge will apply otherwise.

7. Vehicle Tracking and Privacy: The Renter acknowledges that all rental vehicles are traceable by the vehicle provider.

8. Kilometer Limit
8.1. Daily Kilometer Limit: 100 km per week.
8.2. Excess Kilometer Fee: $0.33 per km.
8.3. Accumulation Policy: Kilometers can be accumulated. For example: If the Renter rents the vehicle for 7 days, the allowed limit is 700 km. The excess fee applies only for kilometers exceeding the total accumulated limit.

9: Vehicle Condition Reports
9.1. Renters are encouraged to take photos of the vehicle during the pick-up process.
9.2. Acknowledgment: The Renter acknowledges receipt of the vehicle in the condition stated during the pre-rental inspection. The Renter agrees to return the vehicle in the same state and with a full fuel level.

10. Termination and Default
10.1. The Owner reserves the right to recover the vehicle without notice in cases of unlawful use, non-payment or other breaches.
10.2. The Owner reserves the right to terminate this Agreement immediately if the Renter breaches any of the terms or conditions herein.
10.3. In case of early termination by the Renter, paid rental fees are non-refundable unless other arrangements have been agreed upon both sides.

11. Deposit and Deductions The security deposit will be refunded within two (2) business days after the vehicle’s return, a longer time might be required, subject to: - Vehicle interior not clean: Up to $400 for cleaning - Missing fuel: Cost of fuel + $30 labor fee. - Flat or damaged tyre: $180 deduction per tyre. - Smoking in vehicle: Up to $300 for detailing. - Excessive mileage: As specified in Part 8. - Other renter caused damages: Determined by mechanic. - Lost or damaged key: $300 deduction per replacement. - Parking, toll fee or traffic violations: automatically nominate to the renters - The Renter irrevocably authorises the Owner to charge or debit any credit or debit card provided for all amounts payable under this Agreement, including post-rental charges, damages, third-party claims, recovery costs and legal expenses. Insurance and Liability

12. The Renter acknowledges and agrees that the Owner does not provide insurance coverage for the Renter’s benefit unless expressly stated otherwise in writing. Any insurance held by the Owner, if applicable, is maintained solely for the Owner’s protection and does not limit, reduce, or affect the Renter’s obligations or Liabilities under this Agreement. The Renter is solely responsible for arranging any insurance coverage they deem necessary, including coverage for third-party liabilities, property damage, or personal injury.

12. Debt Collection and Recovery Costs
12.1. In the event that any amount remains unpaid after the due date, Primex Chauffeur Pty Ltd reserves the right to refer the outstanding debt to a third-party debt collection agency.
12.2. The renter acknowledges and agrees that any costs, expenses, or fees incurred by Primex Chauffeur Pty Ltd or its appointed agents in the process of recovering the outstanding amount, including but not limited to collection agency fees, legal costs, and admin charges, may be added to the total amount owed and recovered from the renter.
12.3. Referral of unpaid amounts to a third-party debt collection agency may have adverse consequences for the Renter.

13. General Provisions
13.1. Governing Law: This Agreement is governed by the laws of the State of Victoria, Australia.
13.2. Dispute Resolution: Any disputes arising from this Agreement shall be resolved through mediation. If mediation fails, the dispute may proceed to arbitration. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
13.3. Third-party Liability & Indemnity: To the maximum extend permitted by law, the Renter assumes full responsibility and liability for any loss, damage, injury, death, claim, demand, cost, or expense arising out of or in connection with the use, possession, operation, or control of the Vehicle during the Rental Period. The Renter agrees to indemnify and hold harmless the Owner, its directors, officers, employees, and agents from and against all third-party claims, including but not limited to claims for personal injury, death, or property damage, howsoever arising, whether caused by the Renter, an authorised driver, or any other person in control of the Vehicle. This indemnity includes, without limitations, all legal costs on a full indemnity basis, investigation costs, settlement amounts, judgements, towing, storage, loss of use, administrative fees, and recovery expenses. The Renter remains fully liable to the Owner for all amounts payable under this clause, regardless of whether any insurance policy responds. Nothing in this Agreement operates to exclude or limit the Owner’s liability for negligence to the extend such liability cannot be excluded by law.
13.4. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
13.5. Loss or Theft disclaimer: The Owner is not responsible for loss, theft, or damage to the Renter’s personal property left in the Vehicle.