Rentals Terms

Colemans Suzuki Rental Terms

a) The motorcycle may only be ridden by the authorised persons named in this agreement and on the condition that such persons hold a current and appropriate driver's licence for New Zealand for the motorcycle at the time when they are driving the motorcycle and always in terms of this Agreement.

b) No one shall be permitted to ride the motorcycle (including the Hirer) who is not 21 years of age or older.

c) All authorised persons agree to be bound by the terms of this Hire Agreement.

3. Payments for Hirer The Hirer shall pay to the Company for the hire of the motorcycle the sums referred to In the duration in clause 2 of this agreement Such sums shall be paid in accordance with the following terms:

a) The balance of the charge for the hire shall be payable prior to departure date.

b) No refund is available if the motorcycle is returned to the company early.

c) A bond of $2000.00 is payable by the Hirer on commencement of the Hire. The bond will be refunded on return on the motorcycle and the payment by the Hirer of all monies due to the Company. The Company is permitted to deduct from the bond any monies due to the Company by the Hirer that are not paid by the Hirer when due.

d) If for any reason the motorcycle is returned after the agreed period of hire has expired a late return fee shall be payable by the Hirer equal to a one day hire fee plus 20 percent for every day or part day the motorcycle is late being returned.

e) The Hirer is responsible to pay for all fines and penalties by New Zealand authorities and incurred by the Hirer while in possession of the motorcycle. The Company will charge an administration fee if it is required to deal with any fines that are not paid by the Hirer.

4. Insurance

a) Subject to the exclusions set out below, the Hirer, and any rider authorised to ride the motorcycle, is fully indemnified in respect of any liability he or she might have to the company in respect of the loss of or damage to the motorcycle and its accessories and spare parts and any consequential loss of revenue or other expenses of the company, including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts and

• the insurance premium is included in the rental charge provided that,

• the Hirer shall be required to pay the first $2000.00 of any cost of repair or loss.

b) The indemnities referred to above shall not apply where the damage, injury or loss arises when:

• The rider of the motorcycle is under the influence of alcohol or any drug that may affect his or her ability to drive the vehicle;

• The motorcycle is in an unsafe or unroadworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss, and the Hirer or rider was aware or ought to have been aware of the unsafe or unroadworthy condition of the motorcycle;

• The motorcycle is operated in any race, speed test, rally, or contest;

• The Hirer is not a body corporate or department of State and the motorcycle ridden by any person not named as an authorised driver;

• The motorcycle is ridden by any person who at the time when he or she rides the motorcycle is disqualified from holding or has never held a driver’s licence appropriate for that motorcycle;

• The motorcycle is wilfully or recklessly damaged by the Hirer or any other authorised person or riding the motorcycle under the authority of the Hirer, or is lost as a result of the wilful or reckless behaviour of the Hirer or any such person;

• The motorcycle is operated on any beach;

• The motorcycle is operated outside the term of the hire or any agreed extension of that term.

c) It is agreed between the owner and the Hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause Constituted a contract of insurance.

d) Subject to the exclusions set out below, the Hirer, and any rider authorised to ride the motorcycle, is indemnified to the extent of S(NZ)1,000,000.00 in respect of any Liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle

5. Care of the Motorcycle The Hirer shall ensure that:

a) the oil, water in the cooling system of the motorcycle are maintained at their proper level; and the correct fuel is used in the motorcycle;

b) the tyres are maintained at their proper pressure; the chain on the motorcycle is kept appropriately lubed and tentioned; all reasonable care is taken in riding the motorcycle and the motorcycle is only ridden by an authorised person;

c) the motorcycle is securely locked with the lock provided whenever the motorcycle is not being ridden.

6. Accidents If the motorcycle is involved in an accident the Hirer must immediately:

a) establish if anyone is hurt and offer assistance and telephone the emergency services.

b) under no circumstances attempt to start or ride the motorcycle;

c) obtain the names and address of anyone involved in the accident and any witnesses;

d) not accept blame or insist the other party is at fault;

e) report the accident to police, regardless of the repair costs;

f) photograph the damage to the motorcycle and any other vehicle/s and obtain registration number/s of any such vehicles. {If possible take more than one photo showing different angles};

g) telephone the company and advise of the accident.

h) Attach the completed Accident Report.

7. Repairs and Accidents a) If the motorcycle is damaged or requires repair or salvage for any reason, the Hirer shall advise the Company immediately.

b) The Hirer shall not arrange or undertake any repairs or salvage without the authority of the Company.

c) The Hirer shall ensure that no person shall interfere with the distance recorder or speedometer or any part of the engine, transmission, braking or suspension systems of the motorcycle.

d) The Hirer shall be responsible for the cost of any replacement keys which may have been lost or the retrieval of keys and any related costs.

e) The Hirer shall be responsible for the costs of repairs (and any other associated costs) where the Hirer has used the wrong fuel in the motorcycle or has otherwise failed to take reasonable care of the motorcycle or has ridden the motorcycle in such a way that it breaches the term of this Agreement.

f) The Hirer shall be responsible for any and all costs associated with the recovery of the motorcycle when it has become stuck or bogged.

8. Use of the Motorcycle

a) The Hirer shall not use or permit the motorcycle to be used for the carriage of passengers for hire or reward.

b) The Hirer shall not:

i) sublet or hire the motorcycle to any other person;

ii) permit the motorcycle to be operated outside of the Hirer’s authority;

iii) ride or operate the motorcycle, or permit it to be operated, in circumstances that constitute an offence by the rider against any of the laws of New Zealand including sections 56, 57 and 58 of the Land Transport Act 1998, the Transport Act 1962, the Land Transport Act 1998, the Traffic Regulations 1976, and regulations or rules or bylaws relating to road traffic;

iv) ride the motorcycle or permit it to be operated in any race, speed test, rally or contest, or on any race circuit; or beach

v) operate the motorcycle or permit it to be operated to propel or tow any vehicle;

vi) ride or operate the motorcycle with more than one pillion passenger;

vii) rider or permit the motorcycle to be ridden by any person if at the time of riding the motorcycle the Hirer or other person is not the holder of a current driver’s licence appropriate for the motorcycle.

c) The Hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.

9. Return of Vehicle

a) The Hirer shall, on or before the expiry of the term of hire, deliver the motorcycle to Colemans Suzuki unless arrangements have been made tor another return address confirmed in writing by Colemans Suzuki to the Hirer AND in such case there shall be an additional charge to the Hirer which the Hirer agrees to pay prior to departure.

b) The Company shall have the right to terminate the hiring and take immediate possession of the motorcycle if the Hirer fails to comply with any of the terms of this Agreement or if the motorcycle is damaged. The terminating of the hiring under the authority of this clause shall be without prejudice to the other rights of the Company and the rights of the Hirer under this Agreement or otherwise.


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Rentals Terms