Terms

TERMS AND CONDITIONS

  1. INTERPRETATION

In these Terms and Conditions:

Accessories’ means any equipment included with the Vehicle including, without limitation, any tools, shelving and accessories and including any item set out in the Reference Schedule;

Additional Charges’ means charges applicable in addition to the Rental Charges incurred by the Primary Driver or Additional Driver in the use or operation of the Vehicle, including toll charges, fines and any other costs or fees or penalties incurred through the use or operation of the Vehicle in addition to the Rental Charges, including specifically the list set out in the Reference Schedule;

Additional Driver/s” means any additional driver/s listed in the Reference Schedule permitted to drive the Vehicle

Administration Fee’ means the fee set out in the Reference Schedule;

Agreement’ means this document including any schedules, attachments and annexures to it;

Account means the debit card or credit card account listed in the Reference Schedule to which all fees, charges and Additional Charges are to be debited;

Authority’ means the authority set out in Schedule 3 to this Agreement;

Check Out Fuel Reading’ means the value as set out in the Reference Schedule;

Collection Costs’ means TRAY’D READY PTY LTD’ reasonable costs of recovering or attempting to recover unpaid Rental Charges or any other fees or charges under this Agreement from You, including TRAY’D READY PTY LTD’ legal costs (on a full indemnity basis if TRAY’D READY PTY LTD is successful in its legal action against the Primary Driver) and the Administration Fee and any debt collection agent’s or other such legal fees and associated costs;

Commencement Date’ means the date set out in the Reference Schedule;

Company/Person’ means the entity listed in the Reference Schedule;

Condition Diagram’ means the diagram attached to this Agreement at Schedule 2 which is deemed to be accepted by the Primary Driver by entering into this Agreement;

Credit Card’ means the credit card with the details set out in the Authority;

Daily Rental Fee’ means the amount set out in the Reference Schedule;

Damage’ means any damage whatsoever and without limitation, to the Vehicle or Accessories;

Excess Amount’ means amount the set out in the Reference Schedule for each and every incident or event for which a claim is or may be made by TRAY’D READY PTY LTD;

Fuel Service Charge’ means the charge as set out in the Reference Schedule;

Guarantor’ means the person or entity listed in the Reference Schedule;

Hire Period’ means the period from the Commencement Date up until the return of the Vehicle by the Primary Driver or re-taking of the Vehicle by TRAY’D READY PTY LTD, as the case may be;

TRAY’D READY PTY LTD’ means  trading as TRAY’D READY PTY LTD ACN 621 692 831;

‘TRAY’D READY PTY LTD Policy’ means a policy of insurance held by Us which responds to loss or damage caused to the Vehicle or other liability of the Primary Driver and/or Additional Driver;

Primary Driver’ means the driver who is listed in the Reference Schedule as the primary driver of the Vehicle;

Recovery Costs’ means, in relation to the loss of, or damage to, the Vehicle:

  1. any appraisal fees;
  2. any towing, storage and recovery costs; and
  3. an administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.

Reference Schedule’ means the schedule attached to this Agreement at Schedule 1;

Rental Charges’ means all fees, costs, amounts and charges specified in the Reference Schedule which are payable under the Rental Agreement;

Return Date’ means the date set out in the Reference Schedule;

Return Place means the place set out in the Reference Schedule;

Vehicle’ means the vehicle described in the Reference Schedule (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and the contents supplied by TRAY’D READY PTY LTD;

‘We/Us/Our’ means TRAY’D READY PTY LTD; and

‘You/Your’ means the Primary Driver and, where applicable, the Secondary Driver.

  1. COMMENCEMENT
    • This Agreement between TRAY’D READY PTY LTD and the Primary Driver commences on the Commencement Date.
  2. CONDITION OF VEHICLE
    • The Primary Driver agrees and acknowledges that, prior to taking the Vehicle the Primary Driver:
  3. Fully and thoroughly inspected the Vehicle;
  4. relied upon its own inspections and investigations in connection with the Vehicle and its condition;
  5. Ensured that any agreed pre-existing damage or otherwise has been recorded in the Condition Diagram;
  6. Inspected the tool boxes, shelving and associated installations; and
  7. agreed that the condition of the Vehicle as at the Commencement Date was as noted in the Condition Diagram signed by the parties.
    • By accepting the Vehicle, the Primary Driver agrees and acknowledges that:
  8. the Vehicle was in the condition set out in the Condition Diagram;
  9. the Vehicle included all the Accessories;
  10. the shelving, tool boxes and other installations were in good condition and not broken, cracked or damaged; and
  11. the odometer and fuel readings were as set out in the Reference Schedule.

 

  1. USE OF THE VEHICLE
    • The Primary Driver agrees and acknowledges that the only person authorized to drive the Vehicle is the Primary Driver and any Additional Driver and that in any event, at all times, the following persons must not drive the Vehicle including the Primary and/or Additional Driver where applicable (unless prior written consent is given by TRAY’D READY PTY LTD):
  2. a person who is not identified as an Additional Driver;
  3. a person who does not hold a current unrestricted motor vehicle driver’s licence for the class of the Vehicle;
  4. a person whose alcohol concentration exceeds the maximum lawful concentration or is under the influence of any drug, toxic, or illegal substance;
  5. the Vehicle must not be driven in any area outside a geographical limit of 200km from the Sydney CBD (unless prior consent is obtained from “ TRAY’D READY PTY LTD”)
  6. a person who has given TRAY’D READY PTY LTD any false or misleading personal identity information or other particulars;
  7. a person who is under the age of (24) years or over the age of seventy nine (79) years.
    • The Primary Driver agrees and acknowledges that the Vehicle must not be used (unless prior written consent is given by Us):
  8. in any areas in which snow chains are required to be fitted;
  9. on any off road conditions, such as, but not limited to beaches, sand, tracks or fields;
  10. to store or carry any dangerous, explosive or corrosive materials or any material or item a reasonable person would consider to be unsafe or potentially unsafe, unless, at all times, such items are carried, secured, stored and otherwise in accordance with all applicable rules, laws, regulations, standards and codes for that item or material;
  11. to propel or tow any vehicle or trailer in excess of the capacity of the Vehicle;
  12. to carry any greater load, persons or for use in a manner or for a purpose for which the Vehicle was not designed and constructed;
  13. for the purposes of any race, sport or stunt driving;
  14. in contravention of any law, regulation or any road rules where the Vehicle is being driven;
  15. if the Vehicle is damaged or unsafe.
    • The Primary Driver must keep the Vehicle locked at all times whilst it is unattended.
    • The Primary Driver agrees to maintain the tyre pressure, fluid and fuel of the Vehicle at the proper operating levels in accordance with manufacturing specifications for the Vehicle and generally keep and maintain the Vehicle in good condition and proper working order.
  16. CHARGES
    • The Primary Driver is liable to pay all fees, charges, expenses, costs etc payable under this Agreement, regardless of who was or has been driving the Vehicle at any given time.
    • The Primary Driver agrees to pay on demand all of the following charges (whether or not such charges are set out in Reference Schedule 1):
  17. all Rental Charges set out in the Reference Schedule for the Hire Period;
  18. all tolls, fines, penalties and other similar charges incurred by the Primary Driver/ Additional Driver or any other driver of the Vehicle logged against the Vehicle during the Hire Period, plus Our Administration Fee per event;
  19. all applicable goods and services tax (GST), and any other government taxes or duties that may apply;
  20. TRAY’D READY PTY LTD’ charge for adding fuel to the Vehicle up to the Check Out Fuel Reading, which will include a Fuel Service Charge on the date that the Vehicle is returned or recovered;
  21. the cost of repair or reinstatement of any loss or damage to the Vehicle either personally, where a policy of insurance does not respond or under TRAY’D READY PTY LTD Policy;
  22. TRAY’D READY PTY LTD Policy excess associated with any damage sustained to the Vehicle depending on which level of cover has been obtained by the Primary Driver as outlined in the Reference Schedule;
  23. the cost to TRAY’D READY PTY LTD of recovering the Vehicle from the Primary Driver and/or the Additional Driver/s;
  24. the replacement cost of any lost keys;
  25. where You fail to return any of the Accessories or where any Accessories are not returned in the condition in which they were as at the Commencement Date, the cost to Us of replacing such Accessories;
  26. where You breach any of Your obligations under this Agreement (without limiting any other right TRAY’D READY PTY LTD has or may have), such sum as is necessary to compensate TRAY’D READY PTY LTD for its loss or damage suffered; and
  27. any other fees and charges set out in this Agreement or arising incidental to this Agreement.
    • TRAY’D READY PTY LTD will notify the Primary Driver of any charges payable by the Primary Driver in addition to the Rental Charges within a reasonable time after such charges become known or apparent to TRAY’D READY PTY LTD.
  28. INSPECTION OF VEHICLE UPON RETURN OR RECOVERY
    • The Primary Driver agrees and acknowledges that:
  1. a final inspection of the Vehicle will be conducted by TRAY’D READY PTY LTD as soon as practicable after the return or recovery of the Vehicle;
  2. additional charges payable by the Primary Driver pursuant to this Agreement will be determined after such final inspection has been conducted by TRAY’D READY PTY LTD; and
  3. the assessment and valuation of any charges payable by the Primary Driver in addition to the Rental Charges are to be made by TRAY’D READY PTY LTD in its sole and absolute discretion and any assessment and valuation made by TRAY’D READY PTY LTD is final and binding on the Primary Driver.
  4. PAYMENT OF CHARGES
    • All other charges payable by the Primary Driver under this Agreement are payable immediately upon any demand being made by TRAY’D READY PTY LTD for such costs. For the purposes of this Agreement, a demand for such costs is deemed to have been made by TRAY’D READY PTY LTD upon such costs being incurred and TRAY’D READY PTY LTD is not required to serve or issue any form of demand.
    • The Primary Driver hereby irrevocably and unconditionally authorises TRAY’D READY PTY LTD to charge to the Primary Driver’s Account (as set out in the Authority) all charges payable by the Primary Driver under this Agreement including, without limitation, the Rental Charges and all other charges set out under the Clause titled “Charges” and/or all charges and fees arising as contemplated by this Agreement.
    • All known charges are effected at the time the Vehicle is delivered to the Primary Driver.
    • If TRAY’D READY PTY LTD charges the Primary Driver’s Account for any charges in addition to the Rental Charges, TRAY’D READY PTY LTD will promptly notify the Primary Driver of the amount so charged and provide details of the reason for which the Primary Driver has have been charged.
    • The Primary Driver warrants that the Account belongs to the Primary Driver and the Primary Driver (whether alone or with another person or other people) is responsible for all amounts credited, charged or debited to that Account. Where the Account is not in the Primary Driver’s name, the Primary Driver warrants that he/she is authorised to permit and authorise TRAY’D READY PTY LTD to charge the Account in accordance with this Agreement.
    • If the Primary Driver fails to make payment in full of any charge/s due to TRAY’D READY PTY LTD under this Agreement as and when such charges are due and payable, then the Primary Driver agrees and acknowledges that:
  1. the Primary Driver shall be liable to pay to TRAY’D READY PTY LTD for interest on all outstanding charges calculated daily at the rate set out in the Reference Schedule. Interest will be payable from the expiry of 7 days after the charges became due and payable. Payments received will be credited firstly against any accrued but unpaid interest;
  2. the Primary Driver shall be liable to pay TRAY’D READY PTY LTD’ Collection Costs and interest on any Collection Costs; and
  3. TRAY’D READY PTY LTD shall be entitled to list the Primary Driver’s payment default/s with the Credit Reference Association of Australia or any other relevant credit reference organisations, which the Primary Driver acknowledges may affect the Primary Driver’s credit rating.
  4. LOSS AND DAMAGE
    • The Vehicle is provided with the cover set out in this clause pursuant to the TRAY’D READY PTY LTD Policy and subject to the conditions and exclusions set out in this Clause and the clauses entitled “Conditions of Cover”, “Charges” and “Exclusions to Cover and Liability”. The Vehicle is also covered by Compulsory Third Party (CTP) insurance.
    • We will pay for any amount which You are legally held liable to pay, as a result of an accident caused by Your use of the Vehicle, for loss or damage to property if and only if the TRAY’D READY PTY LTD Policy effected for the Vehicle responds to the loss and damage so caused, otherwise, the liability for any such loss and damage, fees or charges howsoever arising from Your use of the Vehicle will be your liability personally and we will be at liberty to pursue you personally for recovery of any such los, damage, fees, costs and charges.
  • CONDITIONS OF COVER
    • In addition to the exclusions to cover set out in the Clause entitled “Exclusions to Cover and Liability”, the payment referred to in the clause entitled “Loss or Damage” is subject to the following conditions:
  1. that the Primary Driver and/or any Additional Driver is not in breach of any term or conditions contained in this Agreement.
  2. that the Primary Driver and/or any Additional Driver makes payment of the Excess Amount;
  3. that the Primary Driver and/or any Additional Driver reports to Us and the police or other relevant authority immediately, and no later than within 4 hours, any incident involving loss or damage to the Vehicle or any other property or injury to any person arising from any incident;
  4. that the Primary Driver and/or any Additional Driver provides to Us any and all information or other assistance requested by Us which may include, among other things providing a statement, or attending any Court hearing, and if necessary, authorising Us to bring, defend or settle legal proceedings (in the event of any such proceedings, We shall have sole conduct of any such proceedings. We will meet the Primary Driver’s reasonable out-of-pocket expenses in complying with this clause);
  5. that the Primary Driver and/or any Additional Driver immediately provides Us with any complaint, demand or other notice in relation to any alleged loss or damage;
  6. the Primary Driver and/or any Additional Driver has not consumed any substance which in any way affects the Primary Driver’s and/or any Additional Driver’s ability to operate a motor vehicle in any way, including but not limited to alcohol or any prohibited substance, or any medications;
  7. the Primary Driver and/or any Additional Driver completes a collision and damage report;
  8. the Primary driver and/or any Additional Driver not providing any false or misleading information or report under any circumstance;
  9. the Primary Driver and/or any Additional Driver does not refuse any tests such as drug and alcohol tests as required any authorities;
  10. the Primary Driver and/or any Additional Driver does not leave an accident scene or does not fail to provide full particulars to all relevant persons and authorities;
  11. that the Primary Driver and/or any Additional Driver does not make any offers, engage in settlement discussions, make any representations or promises with respect to liability and or any payments, provide any waiver or release, indemnity or admission of liability to any party, or occasion any prejudice to Us without Our prior written consent and approval.
    1. EXCLUSIONS TO COVER AND LIABILITY
    • The Primary Driver is liable and must always pay the cost of:
  1. any loss or damage caused to the Vehicle or any property as a result of a breach of this Agreement;
  2. any loss or damage caused as a result of the Vehicle being immersed in any way and to any extent in water;
  3. any loss or damage to the tyres of the Vehicle, including but not limited to punctures and cuts, or to the windscreen of the Vehicle;
  4. any loss or damage arising from theft, due to the Vehicle being unlocked or unsecured, or failure to keep the keys secure or due to any other neglect;
  5. any loss or damage to the Vehicle caused by any person(s) placing objects on the roof of the Vehicle;
  6. any loss or damage to the Vehicle if the Vehicle was driven outside of a 200km distance from the Sydney, without Our prior written consent;
  7. any loss or damage caused to the structural integrity of the Vehicle in any way whatsoever, and regardless of fault, including damage which may be latent or which may manifest itself subsequent to the return of the Vehicle;
  8. any loss or damage to the Vehicle or any property caused by failing to secure or properly secure any load or equipment;
  9. any loss or damage to the Vehicle deliberately caused by or which resulted from recklessness or negligence;
  10. any damage or loss to the Vehicle during it being towed or ferried or transported in any way, in, from and to any place and by any means where such transportation or towing or otherwise was carried out by any person with TRAY’D READY PTY LTD’ consent;
  11. any loss or damage to the interior of the Vehicle, which requires any kind of professional cleaning or repair;
  12. any costs associated with the towing or salvage of the Vehicle, particularly from remote locations including with TRAY’D READY PTY LTD’ consent;
  13. any loss or damage caused to the Vehicle through the use of snow-chains or roof racks;
  14. any loss or damage arising from or in connection with contaminated substances, or any substance which is not lawfully allowed to be carried;
  15. any loss or damage as a result of the Vehicle being used for anything other than its ordinary transportation purpose and not for specific commercial or other intent;
  16. any loss or damage suffered whilst any person driving the Vehicle was under the influence of any alcohol, prohibited substance, medications, or any other substance;
  17. any and all costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of Your failure to deliver immediately every summons, complaint, demand or notice in relation to any loss or damage;
  18. any loss or damage suffered as a result of the vehicle being involved in a race, hill climb, closed circuit, stunt, trial or any other similar activity;
  19. any loss or damage of any personal property owned by the Primary Driver (or any passenger or any person known to the Primary Driver), or any third party, including personal, commercial or any other property, regardless of ownership left in the Vehicle, or any property received, handled or stored in the Vehicle or by Us at any time, except to the extent that such damage or loss is caused by Our negligence or willful neglect;
  20. the Primary Driver(s) death or personal injury or the death or personal injury of any other person except to the extent that it is caused by Our negligence;
  21. loss or damage to any Accessories;
  22. any loss or damage caused by or contributed to, or in any way involving any family member, friend or associate of the Primary or Additional Driver irrespective of how so caused and of fault;
  23. loss and damage suffered where at the time a greater number of passengers than legally allowed were in the Vehicle;
  24. at the time of any loss or damage the Vehicle was being used to carry passengers for payment or reward.

TRAY’D READY PTY LTD is not liable for any of the above costs in addition to any other conditions or exclusions as contained in this Agreement.

In the event a policy of insurance does not respond to the loss and damage caused to TRAY’D READY PTY LTD, TRAY’D READY PTY LTD reserves all of its rights, entitlements and remedies to pursue the Primary Driver and/or the Secondary Driver personally for such recovery.

  1. LIMITED LIABILITY AND INDEMNITY
    • TRAY’D READY PTY LTD warrants that the Vehicle and the Accessories are of merchantable quality and fit for purpose. To the extent permitted by law, TRAY’D READY PTY LTD excludes any and all warranties in respect of the Vehicle or the Accessories.
    • For the sake of clarity and without limiting the above paragraph, except as expressly set out in this Agreement, to the maximum extent permitted by law, TRAY’D READY PTY LTD accepts no responsibility or liability  to the Primary Driver or any other person permitted to drive the Vehicle for any  injury, loss,  damage, costs, expenses, damages (including for loss of use or enjoyment but excluding any loss or damage caused by the negligence or willful default of TRAY’D READY PTY LTD) or any other liabilities resulting from, without limitation:
  1. any accident, breakdown or any other failure of the Vehicle;
  2. loss  of or damage  to the Primary Driver’s or any other person’s personal  property, which includes, without limitation, personal property left in the Vehicle or brought onto TRAY’D READY PTY LTD’ premises; or
  3. any error or omission in any street directory, vehicle navigation system or otherwise (whether installed in or otherwise provided with the Vehicle).
    • Without limiting the foregoing, to the maximum extent permitted by law, TRAY’D READY PTY LTD will not be liable to the Primary Driver or any other person for any loss of use or enjoyment of the Vehicle, the Accessories or another vehicle or any indirect, special or consequential damages arising in any way out of any matter in relation to or in connection with this Agreement.
      1. RETURN OF THE VEHICLE
      • The Primary Driver must return the Vehicle to TRAY’D READY PTY LTD:
  1. to the place, on the Return Date shown in the Reference Schedule, or as otherwise agreed between the Parties and the Primary Driver must be present at such time; and
  2. in the same condition as it was at the Commencement Date, fair wear and tear excepted.
    • TRAY’D READY PTY LTD may request the return of the Vehicle at any time, or TRAY’D READY PTY LTD may re-take the Vehicle without notice, if:
  3. TRAY’D READY PTY LTD reasonably suspects that:
  • the Vehicle is being or may be used for an unlawful purpose; or
  • damage to the Vehicle, or injury to persons or property has or is likely to occur; or
  • there has been a breach of this Agreement; or
  • the Vehicle is being or may be involved in an industrial dispute.
  1. the Primary Driver does not return the Vehicle on the Return Date and if a new date has not been agreed by TRAY’D READY PTY LTD in writing for the return of the Vehicle;
  2. any amounts owing to TRAY’D READY PTY LTD by the Primary Driver under this Agreement are outstanding for more than 24 hours;
  3. the credit limit on the Account has been reached or would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle; or
  4. for any other reason in TRAY’D READY PTY LTD’ absolute discretion, including but not limited to, where TRAY’D READY PTY LTD requires the Vehicle for servicing, warranty or safety concerns or requirements, or for any other reason.
    • The Primary Driver shall be liable for all Rental Charges for the period up to the return/re-taking of the Vehicle as well as any additional costs incurred by TRAY’D READY PTY LTD in re-taking the Vehicle.
    • If the Primary Driver notifies TRAY’D READY PTY LTD prior to the Return Date that the Primary Driver wishes to return the Vehicle to a location other than the Return Place, then TRAY’D READY PTY LTD will advise the Primary Driver of the amount of the ‘one-way fee’ that the Primary Driver will incur and be charged.
    • If the Primary Driver does not notify TRAY’D READY PTY LTD prior to the Return Date that the Primary Driver wishes to return the Vehicle to a location other than the Return Place, then the Primary Driver must pay a ‘one-way fee’ of up to $5 per kilometer (depending on the type of Vehicle and the distance travelled) to be determined by TRAY’D READY PTY LTD in its absolute and sole discretion and to be charged to the Primary Driver’s Account.
    • Where a Return Time is listed in the Reference Schedule, then for the first half hour after the Return Time that the Vehicle is not returned, no additional fee will be charged however, after the first half hour, the Primary Driver will be charged the Daily Late Fee for that day and each day thereafter which the Vehicle is not returned including the day on which the Vehicle is returned.
    • If the Primary Driver notifies TRAY’D READY PTY LTD in writing prior to the Return Date that the Primary Driver wishes to extend the Hire Period of the Vehicle, then TRAY’D READY PTY LTD will advise the Primary Driver in writing as to whether it consents to the extension of the Hire Period requested by the Primary Driver.
    • The duration of the extension period, if so allowed by TRAY’D READY PTY LTD, will be in the sole and absolute discretion of TRAY’D READY PTY LTD and on any conditions in the discretion of TRAY’D READY PTY LTD.
    • If TRAY’D READY PTY LTD does not consent to any extension of the Hire Period, then the Vehicle must be returned in accordance with this Agreement.
    • TRAY’D READY PTY LTD reserves the right to replace the Vehicle with another Vehicle in its sole and absolute discretion.
      1. DAMAGE AND LOSS OF PROPERTY
      • Notwithstanding any provision to the contrary under this Agreement, the Primary Driver must always pay TRAY’D READY PTY LTD the following costs and fees:
  1. the cost of repairing any:
  • water damage to the Vehicle;
  • damage to the Vehicle or to the property of any third party caused by a breach of this Agreement by the Primary Driver;
  • damage to a tyre or Accessories not attributable to normal wear and tear; and
  • damage to the Vehicle or to the property of any third party caused deliberately or recklessly by the Primary Driver, any other driver of the Vehicle or any passenger carried during the Hire Period; and
  • where the TRAY’D READY PTY LTD Policy does not respond;
  1. the cost of replacing, if lost or stolen, any Accessories;
  2. the Daily Rental Fee;
  3. the fees, costs and charges outlined in this Agreement; and
  4. if You have breached this Agreement, a per day loss of revenue fee based on the estimated downtime of the Vehicle as determined by TRAY’D READY PTY LTD in its absolute and sole discretion.
    • The Primary Driver must pay to TRAY’D READY PTY LTD, or TRAY’D READY PTY LTD may debit the Primary Driver’s Credit Card or Account with the Excess Amount at the time of loss of, or damage to, the Vehicle pending TRAY’D READY PTY LTD’ assessment of the loss and damage and, if applicable, the repair of the Vehicle, subject to the Primary Driver’s right to a refund under the following sub-clause.
    • If the amount determined by TRAY’D READY PTY LTD and paid by the Primary Driver under the preceding subclause exceeds the final cost of the loss, damage or repair, then TRAY’D READY PTY LTD will refund the difference to the Primary Driver.
    • For the purposes of calculating any refund, TRAY’D READY PTY LTD will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
    • If the total of the Recovery Costs and the costs and fees that the Primary Driver must pay under this Agreement is greater than the Excess Amount (with the difference being the ‘Gap Amount’) and where the Gap Amount is not indemnified under the Insurance Policy, the Primary Driver must pay to TRAY’D READY PTY LTD or TRAY’D READY PTY LTD may debit the Primary Driver’s Credit Card or Your Account with, the Gap Amount.
    • Where the Primary Driver is required to pay TRAY’D READY PTY LTD under this clause 13, the amount that the Primary Driver must pay for any loss, damage, repair, cost or fee:
  5. is to be determined by TRAY’D READY PTY LTD in its absolute and sole discretion; and
  6. in relation to damage to the Vehicle, is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
    • TRAY’D READY PTY LTD will provide details to the Primary Driver of the final cost of the loss, damage or repair on request by the Primary Driver.
      1. CLAIMS AND PROCEEDINGS
      • Without limiting any other provisions of this Agreement, where the use of the Vehicle by the Primary Driver(s), or any other person results in an accident or claim (‘Incident’), or where damage or loss is sustained to the Vehicle or the property of any third party, the Primary Driver must ensure that the Primary Driver:
  1. promptly reports the Incident to the local police (if required by law);
  2. promptly reports the Incident in writing to TRAY’D READY PTY LTD;
  3. does not, without TRAY’D READY PTY LTD’ prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability in relation to the Incident;
  4. permits TRAY’D READY PTY LTD or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in the Primary Driver’s name in relation to the Incident;
  5. assists TRAY’D READY PTY LTD in making such a claim; and
  6. completes and furnishes to TRAY’D READY PTY LTD within a reasonable time any statement, information or assistance which TRAY’D READY PTY LTD or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
    • If the Primary Driver does not comply with this Clause and/or TRAY’D READY PTY LTD is unable to investigate the Incident, TRAY’D READY PTY LTD will debit the sum of all loss and damage to the Primary Driver’s Account.
    • In the alternative and in the event a policy of insurance does not respond to the loss and damage caused to TRAY’D READY PTY LTD, TRAY’D READY PTY LTD reserves all of its rights, entitlements and remedies to pursue the Primary Driver and/or the Secondary Driver personally for such recovery.
      1. TERMINATION
    • TRAY’D READY PTY LTD may terminate this Agreement at any time if the Primary Driver commits any breach of this Agreement, or for any reason whatsoever without limitation at its discretion and for its convenience or otherwise.
      1. PERSONAL PROPERTIES SECURITIES LAW
    • The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) – financing statement, interested person, register, proceeds, security agreement and security interest.
    • You acknowledge that:
  • by renting the Vehicle from TRAY’D READY PTY LTD, the Primary Driver may be granting a security interest in the Vehicle (and any proceeds) to TRAY’D READY PTY LTD, and that this Agreement may constitute a security agreement;
  1. any security interest arising under this Agreement attaches to the Vehicle when the Primary Driver obtains possession of the Vehicle and not at any other time;
  2. TRAY’D READY PTY LTD may perfect its security interest by lodging a financing statement on the PPSA register; and
  3. TRAY’D READY PTY LTD will only give the Primary Driver a notice under the PPSA (including a notice of a verification statement) if it is required to do so under the PPSA.
    • The Primary Driver must do anything reasonably required by TRAY’D READY PTY LTD to enable the TRAY’D READY PTY LTD to register its security interest, with the priority it requires, and to maintain the registration.
    • GUARANTOR OBLIGATIONS
    • This Clause applies if there is a Guarantor listed in the Reference Schedule.
    • The Guarantor irrevocably and unconditionally guarantees to TRAY’D READY PTY LTD that the Primary Driver will:
  4. pay, all monies payable under this Agreement and incidental to it, as outlined in this Agreement, that is or may be payable, or that the Primary Driver becomes liable to pay at any given time, on time on demand, to “ TRAY’D READY PTY LTD”, including any costs or fees arising from breach of this Agreement (“the Guarantee”).
    • In the event that the Primary Driver fails to:
  5. pay the Guarantee; and/or
  6. comply with the Primary’ Driver’s obligations under the Agreement, on time; and/or
  7. there are any monies due to be paid to TRAY’D READY PTY LTD and remain unpaid,

then, the Guarantor agrees and acknowledges that TRAY’D READY PTY LTD may, without any prior notice to the Guarantor, debit the account held by TRAY’D READY PTY LTD as listed in the Reference Schedules to recover all or any part of the amounts owing.

  • TRAY’D READY PTY LTD’ rights under the preceding sub-clause, are without any prejudice to which TRAY’D READY PTY LTD may have in recovering any unpaid monies under this Agreement from the Primary Driver or the Guarantor at law or otherwise.
  • This guarantee is continuing until TRAY’D READY PTY LTD unconditionally releases the guarantor in writing.
  • COMPANY OBLIGATIONS
    • This Clause applies if there is a Company listed in the Reference Schedule.
    • Where the Primary Driver is acting in a capacity of an employee, agent or servant, then the Company for who the Primary Driver is acting or by whose permission is acting must:
  1. pay, on time, all money that the Primary Driver is or may at any time be liable (actually, prospectively or contingently) to pay to TRAY’D READY PTY LTD under or in connection with the Agreement (including in connection with non-compliance with the Primary Driver’s obligations under the Agreement); and
  2. comply on time with the Primary Driver’s obligations under the Agreement, as though the Company is the Primary Driver under this Agreement.
    • TRAY’D READY PTY LTD is entitled to exercise any rights it may have against the Primary Driver under this Agreement as against the Company as though the Company is the Primary Driver under this Agreement.
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