Common use of Use, operation and maintenance Clause in Contracts

Use, operation and maintenance. (a) The Hirer agrees that the use of the Vehicle may carry with it dangers and risks of injury and the ▇▇▇▇▇ agrees to accept all dangers and risks. (b) The Hirer will use the Vehicle for the purpose for which it was designed and not for any other purpose. (c) The Hirer must ensure the Vehicle are returned to the Owner in the same state of cleanliness as on the commencement date specified in the Schedule. In the event that the Vehicle are not in that state of cleanliness when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Vehicle. (d) Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter, modify or attach anything to the Vehicle unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Vehicle. (e) The Hirer must not use the Vehicle for illegal purposes, racing or off-road driving. The Hirer must also not use the Vehicle for commercial purposes, such as delivery or transportation of goods for profit. (f) The Hirer must return the Vehicle with a full tank of petrol. If the Vehicle is returned without a full tank of petrol, the Hirer will be charged for fuel as set out in the Schedule plus a refuelling fee of $30. (g) The Hirer must have an unrestricted driver’s licence and not be on a learner permit, provisional licence or probationary licence. The Hirer must ensure that no person who does not hold an unrestricted driver’s licence operates the Vehicle. (h) The Hirer agrees to the Owner retaining a copy of any driver’s licence provided as part of this Agreement. (i) The Hirer may nominate any additional drivers subject to those additional drivers providing their driver’s licence to the Owner and subject to the Owner’s approval of that person as an additional driver. (j) If the Vehicle is subject to a daily kilometre cap, additional charges may apply for each kilometre in excess of that cap. (k) The Vehicle must not be driven in the following areas: (i) on any unsealed road; (ii) above the snow line in Australia’s alpine region; (iii) off-road; (iv) between mainland Australia and Tasmania in either direction; (v) in any state or territory but for New South Wales and Queensland; (vi) Stradbroke Island; (vii) Moreton Island; and (viii) Bribie Island, additional towing, damage and recovery costs incurred by the Owner in relation to use in any of the above areas will be at the Hirer’s expense and the Hirer is unable to guarantee a replacement vehicle in the event the Vehicle in inoperable as a result of driving in the above areas.