Mercedes-Benz Service Loan Car Terms & Conditions
Standard Excess:
Vehicles Under $150,000 LLP: $2,500 excess (payable by Driver)
Vehicles Over $150,000 LLP: $5,000 excess (payable by Driver)
*LLP Local List Price excluding GST, LCT, and all Drive Away Costs
Additional Excess:
Drivers 25 and over with less than 2 years driving experience: $450
1. MBAuP agrees to allow the demonstration of the vehicle or vehicles to the Individual/Company from the Demonstration Commencement Date until the Demonstration Return Date, subject to the terms and conditions 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 and the Individual/Company must immediately return the Vehicle to MBAuP. The Vehicle must be returned to MBAuP in the same condition it was made available to the Individual/Company, fair wear and tear consistent with the period of the demonstration excepted. The Individual/Company or any Nominee, howsoever such loss or damage occurs and whether or not the such loss or damage with the Individual/Company’s fault or it Nominee’s fault.
2. The Vehicle must only be driven by either the Individual or the Company’s employees (as applicable) who are expressly authorized by the Company to drive the Vehicle (“Nominee(s)”), and the Company will be entirely responsible for any acts or omissions of, or breach of this Deed by, the Nominees, or any other person to whom the Company yields possession of the Vehicle. The Individual/Company warrants that it will indemnify MBAuP against any loss or damage suffered as a result of the Individual/Nominee’s acts, omissions or use. The Individual/Company warrants that it is and each of its Nominees are duly authorized under all relevant laws, by-laws and regulations to operate and drive the Vehicle in the State or Territory in which, and for the purpose for which, it is being operated or driven. The Individual/Company warrants that it will, and will ensure each of the Nominees will, operate the Vehicle in accordance with recognised methods and standards of operation and in accordance with instructions 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 Vehicle while in the possession of the Individual/Company or any Nominee and follow and instructions as may be given by MBAuP relating to the Vehicle. If the accident, damage or incident involves damage to persons or property the Individual/Company must immediately notify MBAuP. The Individual/Company agrees to assist MBAuP with all reasonable requests, including assisting MBAuP to respond to and 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/Company acknowledges and agrees that there is a Standard Excess and Additional Excess which apply to each claim in relation to the Vehicle, 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 the Individual/Company or any Nominee, the Individual/Company will be lisable to and will pay to MBAuP, or MBAuP’s nominated insurer QBE, the Standard Excess and/or Additional Excesses applicable to the Individual/Company, the Vehicle and/or the Nominee driving the Vehicle at the time of the claim. MBAuP may, by written notice, increase the Excess and/or Additional Excesses. The Individual/Company must also reimburse MBAuP on demand and loss, damage, cost or expense incurred by 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 and relevant level prescribed by any Act or Regulation in ant State or Territory in which the vehicle is being operated or driven, or who is under the influence of any other drug. If the Individual/Company (or Nominee) fails to comply with this clause, the Individual/Company will be liable to MBAuP for all loss, damage, costs and excesses in relation to the Vehicle that is in excess of the Excess and Additional Excesses as well as the Excess and the Additional Excesses. The Individual/Company must ensure that no person smokes, vapes or transports and 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 must maintain 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 the Vehicle which arise from the use or operation of the Vehicle during the period of the demonstration, and consents to MBAuP providing their details to any person claiming any such amount from MBAuP. All fuels, tolls, oil, and other consumables 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 for this to be carried out at an authorized Mercedes-Benz dealer at MBAuP’s cost.
8. The Individual/Company and/or it’s Nominees acknowledge and agree that the Vehicle may have Mercedes me Connect (“MMC”) enable features and may be fitted with tracking and monitoring functionality. The Vehicle may be linked to an MBAuP MMC account and MBAuP may track the usage of the Vehicle, including it’s location, during the Vehicle loan period. 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 it’s Nominees acknowledge and agree that it is their responsibility to ensure any other 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 of which it was designed and in accordance with the instructions in the Owner’s Manual. Under no circumstances shall the Company or any Nominee load the Vehicle beyond its specified carrying capacity specified in the Owner’s Manual, or tamper with or interfere with the Vehicle in any way, or operate the Vehicle to cause any of the specified limitations on its operation or use to be exceeded.
10. If the Vehicle becomes defective in any way, regardless of whether the defect renders the Vehicle inoperable, the Individual/Company shall arrange for the Vehicle to be taken to the nearest authorised Mercedes-Benz dealer for rectification and shall notify MBAuP of the defect.
11. The Individual/Company will indemnify each of MBAuP, it’s agents, officers and employees against any and all claims, tolls, fines, penalties, liabilities, costs, compensation, expenses, losses, damages and settlement expenses, including legal costs, suffered or incurred by any of them, whether directly or indirectly, resulting from, in connection with or arising out of any act, omission or default of the Individual/Company, or any of the Company’s Nominees or other person to whom the Individual/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 supply 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 or a guarantee provided for by, or liability to a consumer under one or both of the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law and Fair Trading Act 2012 (Vic) or corresponding legislation in any 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 to the extent necessary to ensure that it is not void, unenforceable or illegal. To the extent that it cannot be read down, then it is severed 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 Property Securities Act 2009 (Cth) (“PPSA”) and creates a security interest. If the terms of this demonstration are for a period of greater than 24 months, for the purposes of the PPSA, this security agreement is a PPS Lease and is deemed a Purchase Money Security 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 the agreement or the Individual/Company taking possession of the vehicle. MBAuP may register a security interest in the Vehicle on the Personal Property Securities Register, and the Individual/Company must do any act or sign any document necessary for MBAuP to register and perfect and give effect to the security interest 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.
15. Your personal information is being collected by MBAuP by lawful means in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principals and our Privacy Policy, a copy of which can be viewed at www.mercedes-benz.com.au/vans/en. MBAuP is collecting your personal information for the primary purpose of managing the Vehicle Loan, including lodging insurance claims, nominating any fines or infringements, including toll charges, that may be attributable to the Individual/Company and/or it’s 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 see 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.