Wagga Motors Hire Vehicles
Fuel Policy: Full to Full
Fuel costs are the responsibility of the driver. The vehicle must be returned with a full tank of fuel, and a fuel receipt must be provided as evidence.
If the vehicle is not returned with a full tank, fuel will be charged at $3.50 per litre, based on an average consumption of 10L per 100km.
ACKNOWLEDGEMENT OF LOAN VEHICLE INSURANCE COVER
I hereby acknowledge that the information supplied is correct and in signing the Agreement, I will abide by the following conditions whilst the vehicle is in my care and control.
I agree to drive the vehicle in a responsible manner, adhering to posted speed signs and regulations at all times.
I accept responsibility for any traffic infringements (e.g. speeding fines, parking fines and red light camera fines) whilst the above-mentioned vehicle is in my care and control.
If involved in an accident, I will record and provide the other party’s particulars, including Drivers License number and insurance company details and pay an policy age excess where applicable. I agree to return the vehicle in a clean and tidy condition, free from any damage, and with the fuel level restored to the same level as when it was provided to me. I acknowledge that smoking is strictly prohibited in the vehicle at all times.
INSURANCE EXCESS:
Wagga Motors Vehicles
Hire/Loan Car Fee: $60 per day
$1,500 excess (payable by the driver), covered under Wagga Motors’ insurance policy
$2,500 under 21 years of age or P Plates
Honda Owned Vehicles
Hire/Loan Car Fee: $60 per day
$1,150 excess
$2,500 under 21 years of age or P Plates
Mercedes-Benz Vehicles
Standard Excess:
Vehicles under $150,000 LLP $2,500
Vehicles over $150,000 LLP $5,000
*Local List Price (LLP) excluding GST, LCT and all Drive Away Costs*
Additional Excess:
Drivers under age 21 years $850
Drivers 21 and over but under 25 years $450
Drivers 25 or over with less than 2 years driving experience $450
1.MBAuP agrees to allow the demonstration of the vehicle or vehicles described in the Schedule overleaf (“Vehicle”) to the
Individual/Company from the Demonstration Commencement Date until the Demonstration Return Date, subject to the terms andconditions of this Deed. The Individual/Company must return the Vehicle to MBAuP at the point at which it was made available to the Individual/Company on or before the Demonstration Return Date specified in the Schedule, or any extension of that date agreed by both parties in writing. MBAuP may terminate this demonstration at any time by request to the Individual/Company andthe Individual/Company must immediately return the Vehicle to MBAuP. The Vehicle must be returned to MBAuP in the samecondition it was made available to the Individual/Company, fair wear and tear consistent with the period of the demonstrationexcepted. The Individual/Company is responsible for any loss of or damage occurring to the Vehicle while the Vehicle is in thepossession or control of the Individual/Company or any Nominee, howsoever such loss or damage occurs and whether or not thesuch loss or damage was the Individual’s/Company’s or its Nominee’s fault.
2.The Vehicle must only be driven by either the Individual or the Company’s employees (as applicable) who are expresslyauthorised by the Company to drive the Vehicle (“Nominee(s)”), and the Company will be entirely responsible for any acts oromissions of, or breach of this Deed by, the Nominees, or any other person to whom the Company yields possession of theVehicle. The Individual/Company warrants that it will indemnify MBAuP against any loss or damage suffered as a result of theIndividual/ Nominee’s acts, omissions or use. The Individual/Company warrants that it is and each of its Nominees are dulyauthorised under all relevant laws, by-laws and regulations to operate and drive the Vehicle in the State or Territory in which, andfor the purpose for which, it is being operated or driven. The Individual/Company warrants that it will, and will ensure each of theNominees will, operate the Vehicle in accordance with recognised methods and standards of operation and in accordance withinstructions and/or recommendations that may be given by MBAuP from time to time.
3.The Individual/Company must give MBAuP immediate notice of any accident, damage or incident involving the Vehiclewhile in the possession of the Individual/Company or any Nominee and follow any instructions as may be given by MBAuP relatingto the Vehicle. If the accident, damage or incident involves damage to persons or property the Individual/Company mustimmediately notify MBAuP. The Individual/Company agrees to assist MBAuP with all reasonable requests, including assistingMBAuP to respond to any requests or enquiries it receives from a government, regulatory or statutory authority, insurer or law enforcement agency.
4.The Vehicle is covered by compulsory third party insurance and by comprehensive insurance. The Individual/Companyacknowledges and agrees that there is a Standard Excess and Additional Excesses which apply to each claim in relation to theVehicle, as set out above. If any event giving rise to a claim occurs at any time when the Vehicle is in the custody or control of theIndividual/Company or any Nominee, the Individual/Company will be liable to and will pay to MBAuP, or MBAuP’s nominatedinsurer QBE, the Standard Excess and/or Additional Excesses applicable to the Individual/Company, the Vehicle and/or theNominee driving the Vehicle at the time of the claim. MBAuP may, by written notice, increase the Excess and/or AdditionalExcesses. The Individual/Company must also reimburse
Excess acknowledgement
Standard Excess:
Vehicles under $150,000 LLP $2,500
Vehicles over $150,000 LLP $5,000
*Local List Price (LLP) excluding GST, LCT and all Drive Away Costs*
Additional Excess:
Drivers under age 21 years $850
Drivers 21 and over but under 25 years $450
Drivers 25 or over with less than 2 years driving experience $450
MBAuP on demand any loss, damage, cost or expense incurred by MBAuP as a result of the loss of or damage to the Vehicle (whether or not caused by the fault of the Driver or their Nominee) which is either below the applicable Excess and/or which is unable to be recovered under MBAuP’s policies of insurance. The Individual/Company is responsible for insuring any goods or other property carried in or by the Vehicle and MBAuP will have no liability in respect of any such property. MBAuP may require the Individual/Company to provide a credit card imprint. In the event of any loss of or damage to the Vehicle, the Individual/Company authorises MBAuP to charge the credit card with an amount up to the total of the applicable Standard Excess and any applicable Additional Excess, amount which is below the applicable excess, amount unable to be recovered under MBAuP’s policies of insurance and/or any other amount the Individual/Company is liable for under this Deed.
5.The Individual/Company must ensure, and must require its Nominees to ensure, that the Vehicle is never operated or driven or in the charge of any person whose blood alcohol level exceeds any relevant level prescribed by any Act orRegulation in any State or Territory in which the Vehicle is being operated or driven, or who is under the influence of anyother drug. If the Individual/Company (or Nominee) fails to comply with this clause, the Individual/Company will be liable toMBAuP for all loss, damage, costs and expenses in relation to the Vehicle that is in excess of the Excess and AdditionalExcesses as well as the Excess and the Additional Excesses. The Individual/Company must ensure that no person smokes, vapes or transports any animals in the Vehicle. The Individual/Company must not use or permit the Vehicle to be used off road, for any illegal purpose, race, speed test, or contest, for commercial use or for hire. The Individual/Company mustmaintain and return the Vehicle in a clean condition. When not being driven, the Vehicle must be parked in a secure location.
6.The Individual/Company must pay all fees, toll charges, fines and penalties against the owner or operator of theVehicle which arise from the use or operation of the Vehicle during the period of the demonstration, and consents to MBAuPproviding their details to any person claiming any such amount from MBAuP, and warrants that any Nominee consents toMBAuP providing the Nominee’s details to any person claiming any such amount from MBAuP. All fuel, tolls, oil, and otherconsumables required during the period of the demonstration are the responsibility of the Individual/Company.
7.If any routine service is required during the period of the demonstration then the Individual/Company shall arrange forthis to be carried out at an authorised Mercedes-Benz dealer at MBAuP’s cost.
8.The Individual/Company and/or its Nominees acknowledge and agree that the Vehicle may have Mercedes meConnect (“MMC”) enabled features and may be fitted with tracking and monitoring functionality. The Vehicle may be linked toan MBAuP MMC account and MBAuP may track the usage of the Vehicle, including its location, during the Vehicle loanperiod. The Individual/Company and/or its Nominees, consent to the location tracking by MBAuP during the Vehicle loan period. If the Individual/Company and/or its Nominees do not consent to the location tracking, they should not operate the Vehicle. The Individual/Company and/or its Nominees acknowledge and agree that it is their responsibility to ensure anyother occupants of the Vehicle are aware and provide their consent to the location tracking during the Vehicle loan period.
9.The Individual/Company must only use, and must ensure that its Nominees only use, the Vehicle for the purpose forwhich it was designed and in accordance with the instructions in the Owner’s Manual. Under no circumstances shall theCompany or any Nominee load the Vehicle beyond its specified carrying capacity specified in the Owner’s Manual, or tamperwith or interfere with the Vehicle in any way, or operate the Vehicle so as to cause any of the specified limitations on itsoperation or use to be exceeded.
10.If the Vehicle becomes defective in any way, regardless of whether the defect renders the Vehicle inoperable, theIndividual/Company shall arrange for the Vehicle to be taken to the nearest authorised Mercedes-Benz dealer for rectificationand shall notify MBAuP of the defect.
11.The Individual/Company will indemnify each of MBAuP, its agents, officers and employees against any and all claims,tolls, fines, penalties, liabilities, costs, compensation, expenses, losses, damages and settlement expenses, including legalcosts, suffered or incurred by any of them, whether directly or indirectly, resulting from, in connection with or arising out ofany act, omission or default of the Individual/Company, or any of the Company’s Nominees or other person to whom theIndividual/Company yields possession of the Vehicle, including without limitation any loss or damage caused to any property, or arising out of any personal injury or death, or the Vehicle while it is in the possession or control of the Driver or a Nominee. To the full extent permitted by law, the Individual/Company agrees that MBAuP is not liable to the Individual/Company or to any Nominee for any loss or damage arising from the Individual’s/Company’s (or a Nominee’s) use of the Vehicle, and the Individual/Company releases MBAuP from any claim whatsoever for such loss or damage. Where at law MBAuP’s liability cannot be excluded, but may be limited, it is limited at MBAuP’s option to the supply of the vehicle demonstration again or the payment of the cost of having the vehicle demonstration supplied again.
12.Nothing in this Deed is intended to, or shall be read to, exclude, restrict, modify or limit the application of, or a right ora guarantee provided for by, or liability to a consumer under one or both of the Competition and Consumer Act 2010 (Cth) orthe Australian Consumer Law and Fair Trading Act 2012 (Vic) or corresponding legislation in any other State or Territory, extent permitted to be limited under such legislation and is so limited in accordance with such legislation.
13.Where any clause of these terms and conditions is void, unenforceable, or illegal, that provision is to be read down tothe extent necessary to ensure that it is not void, unenforceable or illegal. To the extent that it cannot be read down, then it issevered and the rest of the terms and conditions remain in force.
14.The parties acknowledge and agree that this Deed is a security agreement for the purposes of the Personal PropertySecurities Act 2009 (Cth) (“PPSA”) and creates a security interest. If the terms of this demonstration are for a period greaterthan 24 months, for the purposes of the PPSA, this security agreement is a PPS Lease and is deemed a Purchase MoneySecurity Interest, as those terms are defined in the PPSA, and may be registered as such by MBAuP as such. The security interest that MBAuP has attaches to the Vehicle on the earlier of the signing of this Deed or the Individual/Company taking possession of the Vehicle.MBAuP may register a security interest in the Vehicle on the Personal Property SecuritiesRegister, and the3/3
Individual/Company must do any act or sign any document necessary for MBAuP to register and perfect and give effect to
the security interest created under this Deed. The
Individual/Company understands that the Vehicle is for its exclusive use only and that it has no authority whatsoever to sell,
lease, pledge, lend or in any way encumber, transfer or otherwise dispose of or part with possession of the Vehicle or any
interest therein to any other person.
- Your personal information is being collected by MBAuP by lawful means in accordance with the Privacy Act 1988
(Cth), the Australian Privacy Principles and our Privacy Policy, a copy of which can be viewed at www.mercedes-
benz.com.au. MBAuP is collecting your personal information for the primary purpose of managing this Vehicle loan, including
lodging insurance claims, nominating any fines or infringements, including toll charges, that may be attributable to the
Individual/Company and/or its Nominees. MBAuP will generally use and disclose your personal information to its employees,
related companies and Daimler Group companies, our authorised Retailers and/or third party service providers acting on our
behalf, law enforcement authorities,
regulators, toll road operators and insurers. Some of the recipients of your personal information may be based overseas, including but not limited to Germany, the United States and Singapore. Our Privacy Policy contains information about how you
can access the personal information that we hold about you and how you can seek to correct it. Our Privacy Policy also contains
information about how you may complain if you believe that we have breached the APPs and how we deal with complaints.
- MBAuP authorises the Agent to execute this Deed on its behalf, and do and perform all acts and things and execute all
documents as may from time to time be required to give effect to this Deed.
- This Deed is governed in accordance with the laws of Victoria.