WHO MAY DRIVE THE VEHICLE
The vehicle must only be driven by The borrower or any other who has first been authorized by us and added to the Borrower Schedule and The borrower agree that The borrower will not allow any other person to drive the vehicle.
The borrower have warranted to us that:-
- The borrower do not suffer any physical infirmity and/or defective vision or hearing which may impact The borrowerr driving abilities.
- The borrower have not convicted during the past five (5) years of careless and/or reckless driving.
- No company and /or underwriter has refused to renew or cancelled The borrowerr motor insurance policy.
- The borrower had a valid driving license for more than two (2) years.
- If The borrower are Malaysian citizen – The borrower possess a valid Malaysian driving license which has not been endorsed upon as at the date of this Borrower Agreement or
- If The borrower are not Malaysian citizen, The borrower shall possess a valid international driving license or The borrower possess a valid driving license from any one of the Commonwealth countries as at the date of this Borrower Agreement.
BORROWER CHARGES & OTHER CHARGES
The charges stated on Borrower Schedule reflect The borrowerr use of the vehicle as agreed between us at the start on The borrowerr borrower and includes the basic borrower charges, charges for any option or ancillary services chosen by The borrower and applicable taxes at the prevailing rate.
Our borrower charges are calculated on the basis 24 hour periods from commencement of the borrower. If The borrower fail to return the vehicle to the agreed return or collection point at or before the vehicle return time stated on the Borrower Schedule, The borrower will be charge on the following basis:-
- For the first 3 hours after the agreed vehicle return time – One sixth of the relevant daily rate will be imposed for each hour or any part thereof that the vehicle is overdue, or
- For any return beyond or after 3rd hour after the agreed vehicle return time- an extra day’s borrowed at the relevant daily rate will be imposed for every day or part of a day thereof that the vehicle is overdue.
Additional charges may arise from The borrowerr use of the vehicle during the borrowing duration and may include loss of or damage to the vehicle, a refueling service charge, pick up and drop off charge, one-way charge, late return charge, extra cleaning charge and any road tolls or fines or charges arising from traffic or parking offences during the borrowed (including a reasonable administration charges in accordance with article 8.3). The borrower are fully responsible for payment of any restoration charges and loss of the borrowed income if the vehicle is seized or impounded by any enforcement authorities.
The borrower are agree that we are entitled to charge The borrower a reasonable additional cost if the vehicle requires more than our standard cleaning on its return to its pre-borrowed condition allowing for wear and tear.
All charges are calculated in accordance with our current rates and is subject to final calculation after the borrowed.
If The borrower do not pay any of the charges owing to us under this Borrowed Agreement, we reserve the rights to charge The borrower or claim from The borrower the interest in addition to the outstanding charges at a rate of eighteen percent (18%) per outstanding.
The borrower acknowledge that the lending rates quoted by us are for successive continuous period of rent in the event that there is a break in the period of rent. The borrower shall be entitled to any quantity discount.
The borrower acknowledge that us reserved the right to forfeit The borrowerr deposit if The borrower in the event loss, damage to or theft of the vehicle.
PICK-UP, DELIVERY AND RETURN
We will supply the vehicle to The borrower in good overall and operating condition, complete with all necessary document, parts and accessory.
The borrower and we will check the condition of the vehicle during delivery and collection the vehicles . The company’s representative will provide a record showing any agreed defect. The borrower acknowledge that The borrower will responsible for any loss or damage to the vehicle, its document, parts and accessories arising during borrowing duration.
The borrower agree to return the vehicle to us in the same condition as The borrower borrowed, subject to fair wear and tear with the same documents parts and accessories at the location and on the date and time designated in the Borrower Schedule.
The vehicle must be returned to the agreed location of our business within the normal business hours of the location concerned. If The borrower return the vehicle outside of these hours The borrower must comply with the out of hours return instructions for that location, in which case The borrower will remain fully responsible for the vehicle until the location re-opens for business. If The borrower fail to comply with these instructions, The borrower will remain responsible for the vehicle until The borrower are able to access it.
If at any time we have agreed that The borrower may return the vehicle to a place other than our borrower location, or if we agreed to collect it, The borrower will remain fully responsible for the vehicle until it is collected by us.
ACCIDENT, THEFT AND VANDALISM
The borrower must, where possible, report any traffic accident, loss, damage or theft involving the vehicle to us immediately before doing the police report.
The borrower must not admit any liability, release any party from liability, settle any claim or accept any disclaimer in the event of an accident but should take names, vehicle registration number, national identity/passport number and addresses of everyone involved including witnesses.
The borrower agreed to cooperate with us in any investigation or subsequent legal proceedings arising out of any damage to the vehicle.
The borrowerR RESPONSIBILITIES / LIABILITIES
The borrower have to ensure during the borrowing of the vehicle that the vehicle has sufficient oil, water, correct tyre pressure and fuel is used when refueling.
The borrower are fully responsible for damage caused by failure to assess the height of the vehicle and striking overhead or overhanging objects.
The borrower will liable to us for all reasonable losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories while on borrowed. The borrowerr liability may include the cost of repairs, lose in value of the vehicle, loss of the lending income, towing and storage charges and an administration charge, which recovers our costs for handing any claims arising from damage caused to the vehicle unless responsibility for the damage lies with us or has been determined by a third party or their insurer to lie with the third party. If in our judgments any damage makes the vehicle unfit for borrowed, we will endeavor to repair the vehicle as soon as possible.
We are not liable to The borrower or passenger for loss or damage to property left in the vehicle either during or after the period of borrowed unless the loss or damage results from our breach of the Borrowed Agreement. Such property is entirely at The borrowerr own risk.
LIMIT OF LIABILITY
We shall not be liable to The borrower or any third party for any loses or damages arising from the borrowed. We shall not be liable for any indirect or unforeseeable loss or damages including loss or profit or loss opportunity.
ROAD TOLLS, PARKING FINES AND TRAFFIC VIOLATIONS
The borrower are fully responsible for all road tolls and any fines or other consequences of the violation of traffic regulations, parking orders or any other laws or regulations during the borrowing duration.
We shall upon request supply The borrower with a copy of any traffic violation notice which we receive.
If we required to pay such road toll, fines, charges or associated costs, The borrower are agreed that we may charge The borrower with the amount of plus a reasonable administration charge for dealing with these matters by crediting The borrowerr credit card or deposit without further reference to The borrower.
CROSS BORDER POLICY
The borrower acknowledge that the vehicle is strictly prohibited from entering East Malaysia, Singapore, Thailand, Brunei and/or Indonesia (The company reserves the right to take any kind of actions if vehicle found nearby at any border of Malaysia.
The borrowed vehicle is supplied to The borrower with fuel as indicated on the Borrowed Schedule. A refueling service charge will be payable by The borrower for the fuel and the service of refueling at the applicable rate.
USE OF THE VEHICLE
The borrower are authorized to drive the vehicle on the conditions contained in this paragraph 11 and paragraph 2 above including at all times to use the vehicle in a responsible manner. If The borrower do not comply with these conditions The borrower will liable to us for any liability or reasonable loss incurred by us or any damages or reasonable expenses we suffer or incur as The borrowerr breach. We reserve the right to take back the vehicle at any time and at The borrowerr expense, if The borrower are in breach of this Borrower Agreement.
If The borrower are experience any problem due to accident or mechanical failure, The borrower must contact us on the indicated on The Agreement Schedule. No one may service or repair the vehicle without our prior express permission.
The borrower must look after the vehicle, make sure it is locked, secure and parked in a safe place when not in use and use any security device provided.
In the event that the vehicle is up of history require cleaning; The borrower shall be liable for the cost of cleaning the same.
The borrower must not use the vehicle or allow it to be used :-
- To tow or push any vehicle, trailer or other object.
- Off road or non government gazettes roads unless its permitted by us.
- Whilst under the influence or alcohol or drugs.
- For any illegal purpose.
- To carry pets and/or durians or any others objects which, because of its condition or smell may delay our ability to rent the vehicle again.
- For sub-renting.
- To take part at any race, rally, test or other contest or; In a negligence manner.
Delivery and pick up charges
If during normal business hours of the location of our business concerned The borrower require us to deliver and/or pick up the vehicle to/from The borrower at any other place other than our location of business. We may impose additional deliver and/or pick up charges provided that we are at liberty to agree with The borrower the time and place of deliver and/or pick up.
One-way hire charges
If the collection and return location of our business location differs, we may impose additional one-way charges depending on the distance between the location of our business for collection and the location of our business for return provided that a minimum hire period has been entered into and that we have the liberty to agree with The borrower on the return location
Out of Hours Charges
Subject to entire discretion of our company and availability of our staff, if the collection and return of the vehicle from and to the location of our business are made outside of normal business hours of that location of our business concerned we may impose additional out of hours charges. If the delivery and pick up of the vehicle to/from The borrower at any other place other than our location of business are made outside of the normal business hours, we may impose additional out of hours charges for the avoidance of doubt, the travelling time taken for the purposes of the delivery and/or pick up shall be taken into account.
The borrower shall be liable to pay for any tax imposed (including but not limited to goods and services tax, stamp duty)
If any provision of this Borrower Agreement shall be held to invalid, illegal or unenforceable (in whole or in part) under applicable law such provision or part shall to that extent be deemed not to form part of this Borrow Agreement but the remainder of this Borrow Agreement shall continue in full force and effect).
This Borrow Agreement is governed by the law of Malaysia and The borrower agree to submit to the exclusive jurisdiction of the Malaysian court.
VARIATION AND/OR AMENDMENTS
The borrower agree and acknowledge that the company may vary or amend the terms and condition of this Borrow Agreement at any time without prior notice to The borrower.