Lessor identified on Page1 hereby rents to the Customer(s) undersigned on Page 1 (herein called “Customer”) the motor vehicle or vehicles described on Page 1 together with all tyres tools accessories and accoutrements therein (herein called “Vehicle”) subject to all terms and provisions contained in this Rental agreement, in consideration of the agreed charges and Customer agrees as follows:

RETURN OF VEHICLE

1. (a) Vehicle is the property of Lessor and the Vehicle will be returned in the same condition as when received ordinary wear and tear excepted to the place specified overleaf on the due back date specified or sooner if demanded by Lessor.

(b) The rental period hereunder together with all obligations under this Agreement including liability for all damage to and loss and expense in connection with Vehicle shall remain in force until the custody of Vehicle is accepted by an employee of Lessor even though Lessor may have consented to the alteration of the place for return or collection of Vehicle.

(c) Customer expressly agrees for the purposes of sub-paragraphs (a) and (b) hereof that Customer shall be personally responsible for and attend to the return of the Vehicle.

TERMINATION

2. This Agreement shall terminate forthwith at the discretion of the Lessor if

(i) Any of the particular furnished by the Customer on the face hereof are false or misleading or,

(ii) The conduct of Customer is in the reasonable opinion of Lessor prejudicial to Vehicle or Lessor’s rights under this agreement, or

(iii) Customer fails to return Vehicle to Lessor within four (4) hours from the due time for such return, the onus of proof of any extension of the time for such return being borne by the Customer.

3. (a) Upon termination as referred to in Clause 2 hereof Lessor shall have the following rights:

(i) To seize and take possession of Vehicle and for that purpose to break open or remove any outer or inner gate door fastening or any other obstruction without liability to any action for trespass or other proceedings for so doing, and

(ii) To commence legal proceedings against Customer for all monies due and owing hereunder, such monies to include any costs to Lessor of seizing and taking possession of the Vehicle, and

(iii) In the circumstances referred to in Clause 2 (iii) to report Vehicle as having been stolen to any policy officer in Australia or elsewhere and to make or swear a complaint to that effect before any Justice and or to advertise Vehicle as having been stolen, in newspapers and elsewhere.

(b) Customer hereby indemnifies and agrees to indemnify Lessor against any claims actions proceedings costs losses or expenses arising from or relating to the seizing and taking of possession of the Vehicle or the advertising of Vehicle as having been stolen and in the latter case such indemnity shall extend to and include the publisher of any such advertisement.

USE OF VEHICLE

4. Customer and any other driver shall at all times use and drive Vehicle in accordance with following:

(a) Vehicle must not be used or driven in any manner which will render the Lessor’s insurance void (see Terms and Conditions at 19 below).

(b) Vehicle must not be used for the conveyance of passengers for hire fare or reward.

(c) Vehicle must be adequately secured when not in use. Customer admits it and shall be prima facie evidence that the Vehicle was not so secured if it moves from the place upon which it was parked whilst Customer or driver was not in control of the Vehicle.

(d) Sufficient oil must be kept in the engine sump, gear box and rear axle and sufficient water in radiator.

(e) The tyres must be kept properly inflated.

(f) The odometer must not be interfered with, damaged or disconnected. In the event that the odometer of the Vehicle is tampered with or its seal disconnected then the kilometreage to be charged shall be deemed to be 400 per day at 20c per kilometre, irrespective of the agreed rate at the time of rental.

(g) Vehicle must not be used or driven in contravention of the provisions of the Road Traffic Act and the Motor Vehicles Act of the State of South Australia or any corresponding enactment or ordinance in the other States or Territories of the Commonwealth of Australia and must not be taken outside of the Commonwealth of Australia.

(h) Vehicle must not be used or driven so as to cause overhead damage to the Vehicle or any property. Overhead damage shall mean any damage occurring upon impact with any overhead wires, cables, bridges, overhead passes, awnings, verandahs, trees, tree branches, overhead structures or any overhead obstruction of whatever nature and shall also occur on standing and sitting on or placing objects on roof of Vehicle.

(i) Vehicle must not be driven on other than sealed roads. If Vehicle is driven on other than sealed roads Customer shall be liable for:

(i) The cost of rectifying all tyre damage not attributable to normal road wear and tear.

(ii) The cost of rectifying all undercarriage damage.

(iii) The cost of rectifying all body damage unless such damage can be attributed to a specific multiple vehicle accident on sealed roads,

(iv) All other costs and expenses for which Customer is liable under Clause 9 hereof.

PAYMENT BY CUSTOMER

5. Customer will pay Lessor on demand all time and kilometreage service or other charges applicable to this Rental Agreement including return of vehicle with the same quantity of fuel as indicated on this contract.

6. The person signing this Agreement remains primarily liable for all payments and charges payable hereunder and if such person has directed the billing of such payments and charges be transmitted to another person firm or corporation which upon so being billed has failed to make payment, then the person so signing shall upon demand promptly pay such payments and charges.

7. Lessor may charge Customer interest at the rate of 18% per annum calculated on a daily basis on all outstanding accounts or charges payable in accordance with this Agreement, such interest to be computed from the date Vehicle is returned shown on the face hereof.

8. Unless customer is indemnified for loss or damage to the Vehicle by Lessor’s insurance herein provided then Customer shall pay Lessor a sum equal to the amount of cost of all loss and damage caused to or in connection with Vehicle during the rental period, such loss to include loss of rental income of the Lessor.

DAMAGE PROVISION

9. (a) In the event of any loss or damage to or fault occurring in the Vehicle Customer may forthwith –

(i) Inform Lessor of such loss damage or fault; and

(ii) Cease to use vehicle until such loss damage or fault has been repaired or corrected.

(b) In the event that Vehicle is involved in an accident Customer or driver of Vehicle at the time of the accident shall, unless unable by reason of personal injury, as soon as practicable and within 24 hours report the accident to the Police Station nearest to the scene of the accident except where particulars of the accident have already been given by Customer or such driver to a member of the Police Force or where the accident involves only property damage to the extent of not more than $500.00.

10. Customer shall at the request and cost of the Lessor do and concur in doing and permit to be done in his name or otherwise all such acts and things as may be necessary or reasonably required by Lessor for the purpose of enforcing any rights or remedies of obtaining relief of indemnity from other parties in respect of any loss or damage to or in connection with Vehicle and Lessor shall give credit to Customer for any sums recovered from such other parties under this clause against any liability of Customer to Lessor for the same loss or damage.

11. Customer agrees and acknowledges that Customer has possession of the Vehicle at all times as a bailee for reward and will be strictly liable for any damage or loss caused to Lessor under such bailment and shall exercise the highest possible standard of care with respect to the Vehicle.

WARRANTIES

12. The Customer warrants that:

(a) the Customer is over the age of 21

(b) the Consumer holds a current licence valid in the State of South Australia for the type and class of vehicle rented;

(c) that all particulars in this document are correct and the Consumer acknowledges that the Lessor relies on the truth of these representations;

(d) before signing this Agreement the Consumer has examined the vehicle and has satisfied himself as to its condition safety suitability and roadworthiness for the Consumer’s purpose and agrees that no warranty condition description or representation on the Lessor’s part is given other than such (if any) as are contained in this Agreement.

MISCELLANEOUS

13. It is expressly agreed that Lessor shall not be liable for loss of or for damage to any property left or stored by Customer or any other person in or upon Vehicle whether during this rental or on return thereof to Lessor and Customer expressly waives any and all claims for such loss or damage against Lessor and agrees to hold Lessor harmless from and indemnified against any such claims.

14. Lessor shall not be under any liability of any nature whatsoever to Customer or any other person for loss, damage, delay or injury resulting from breakdown, mechanical defect or accident or by reason of Vehicle being unsuited for the purpose of the Customer.

15. Neither Customer nor any driver of Vehicle shall be deemed the agent servant or employee or Lessor at any time or in any manner or for any purpose whatsoever.

16. Without limitation of any general obligations or responsibilities imposed by other provisions of the Rental Agreement all traffic offences or violations of any kind whatsoever involving Vehicle before its return to Lessor are the responsibility either of Customer or any other driver in charge of Vehicle at the time such offence or violation is committed and Customer shall be responsible for any fine or other penalty enacted for such offence or violation.

17. The Lessor may extend the term of this Agreement (being the term set out on the face hereof or, in the absence of such term, 30 days) in which case the Customer shall be bound by these terms and conditions hereof for such extended term which maybe evidenced by further unsigned rental agreements issued by the Lessor with the exception of those alterations and amendments of which the Lessor notifies the Customer which alterations and amendments shall be incorporated herein as to the ate of commencement of the extended term.

18. No right of Lessor under this Rental Agreement may be waived except by a written instrument duly signed by a Director, Company Secretary or Lessor.

19. Section headings appearing herein are for clarification purposes only and do not form part of the terms and conditions of rental.

DAMAGE INSURANCE

20. Lessor’s insurance will relieve Customer of all liability for loss and damage, subject to excess provision provided below, and unless excluded by one or more of the following:

EXCLUSIONS

21. (a) Where Vehicle is used or driven in violations of any of the terms of the Agreement, including authorized area of use.

(b) Where Vehicle is used or driven by any person who is not a duly licensed driver or whose licence has been endorsed, or by any other driver or Customer who has given a fictitious or false name or address or false age, or by any person while under the influence of intoxicants or narcotics.

(c) Where Vehicle is used or driven for the carriage of passengers for hire or reward for any illegal purpose in any race, speed test or contest, to propel or tow any vehicle or trailer, for driving turition or for the carriage of a greater number of passengers and a large load then recommended by the manufacturer.

(d) Where Vehicle is used or driven by any person who has ever had a motor proposal or insurance declined, cancelled or refused renewal or special terms imposed which in the reasonable opinion of Lessor indicated that the risk of loss or damage to Vehicle is substantially increased by having been driven by such person.

(e) Where Vehicle is used or driven by any person other than Customer who signed the Rental Agreement and any person nominated by Customer and approved by Lessor.

(f) Where Vehicle is returned to Lessor with interior damage.

(g) Where Vehicle is used for the carriage of explosives or flammable liquids.

(h) Theft of vehicle where Customer does not return keys of Vehicle to rental station.

(i) Where Vehicle is driven into hazardous conditions, such as flood, bush fire, etc.

(j) Vehicle used or driven in breach of Term 4

(k) Customer does not comply with Terms 9 or 10.

EXCESS PROVISION

Customer shall be responsible for the first amount of loss or damage arising from each and every accident unless insurance waiver paid.

22. (a) In the event of any accident involving Vehicle Customer or any driver of the Vehicle must make no admission of liability and must obtain witnesses names if possible.

Customer or driver must immediately deliver to the station from which Vehicle is rented every summons, write, pleading, or paper of any kind relating to any and all claims, suits and proceedings received by Customer or driver Customer or driver shall not in any manner aid or abet any claimant but shall co-operate fully with Lessor in all matters connected with the investigation and defence of any claim or suit.

(b) Excess Liability Reduction does not apply to single vehicle accidents, eg: animals, posts, trees or rollovers.