Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law and our refund policy is subject to applicable Laws.
The customer must also comply with Hunter Valley Bicycle Rentals (HVBR) Hire Contract Conditions.
Cancellation of Hire
As a customer you may cancel your hire reservation by phone or email prior to the hire commencing. Where delivery has been requested and cancellation is inside 2 hours of the start date/time a ‘futile delivery’ charge of $25 incl GST will apply when the driver has loaded or left the store. HVBR also reserve the right to on-charge any other legitimate costs incurred following a cancellation.
Upon cancellation HVBR will refund any deposit taken.
It is HVBR’s responsibility to provide equipment free from fault and in good working order. If any item is received in a faulty condition or not in good working order, HVBR will either repair or replace the item, or refund any deposit taken.
At the completion of hire HVBR will accept the return of any sales items provided for use with our hire equipment, provided that the item(s) has not been opened, used, damaged or tampered with in a way that prevents the resale of that item. At the completion of the hire the sale amount of those items will not be invoiced.
Sale items returned within a reasonable period after they have been invoiced will be refunded provided the item has not been opened, damaged or tampered with in a way that prevents the resale of that item. A HVBR invoice is required for a refund to be issued, and HVBR will assist to locate legitimate invoices for you.
For information on Australian consumer laws, please visit the Australian consumer law website at www.consumerlaw.gov.au.
Hire Contract Conditions
These Hire Contract Conditions apply to the exclusion of any other conditions proposed by the Customer, unless otherwise agreed by Hunter Valley Bicycle Rentals (HVBR) and the Customer in writing.
HVBR agrees to hire Equipment to the Customer on terms set out in this document.
If the Customer wishes to hire Equipment the Customer must complete and sign (or otherwise accept in the manner required by HVBR) a Hire Schedule and such other documents as HVBR may require.
Each Hire Schedule is not a separate contract but forms a part of this hire agreement between HVBR and the Customer, together with any credit application, guarantee and indemnity or other contractual documents.
The customer agrees to receive hire schedules and all associated documentation by electronic means. HVBR may in its absolute discretion decline to hire Equipment to the Customer at any time if it has reasonable cause to do so.
These Hire Contract Conditions may be changed by HVBR from time to time by HVBR giving notice of the amendment to the Customer. Notice is deemed given when HVBR does any of the following:
(a) sends notice of the amendment to the Customer at any address (including an email address) supplied by the Customer;
(b) publishes the amended terms on its website www.huntervalleybicyclerentals.com.au; or
(c) displays the amended terms at premises from which HVBR conducts hire operations.
Changes to these hire Contract Conditions will only apply to Hire Schedules entered into after the change occurs.
1. Interpretation of Words in this Contract;
Commencement – The date when the Customer takes possession of the Equipment.
Equipment – Means any kind of Bicycle or Cycling Equipment, accessories or tools including but not limited to the kinds of goods suitable for cycling.
Premium Equipment – any Equipment deemed to be of high replacement value.
Hire Charge – The amounts shown on the Hire Schedule payable by the Customer to hire the Equipment.
Hire Period – Means from Commencement until the end of the period shown on the Hire Schedule. This is defined as the period of Hire Date to Return Date inclusive. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if HVBR agrees. HVBR may issue and require the Customer to sign an amended Hire Schedule for any extension of the Hire Period.
Hire Schedule – Means a document which HVBR may require the Customer to sign (or accept in a way HVBR requires) including particulars of the Equipment and the Hire Period and such other information as HVBR may decide to require.
Hunter Valley Bicycle Rentals (HVBR) – The company or companies listed on the Hire Schedule.
Bicycle – A bicycle or tricycle that can be operated by one or more persons.
Remote Area – Any location which is more than 50 kilometres from the HVBR branch from where the Equipment is hired.
2. HVBR Obligations
2.1 Allow the Customer to take and use the Equipment for the Hire Period;
2.2 Provide the Equipment to the Customer clean and in good working order;
2.3 Collect the Equipment within 2 working days of;
(a) being requested to do so by the Customer, and;
(b) issuing to the Customer a Customer Pick Up Number.
NOTE TO CUSTOMER: You must return the Equipment at your expense by the Return Date unless you obtain a Customer Pick Up Number from HVBR.
3. Obligations of the Customer
The Customer must:
3.1 Deliver the Equipment to HVBR when it is due back;
3.2 Return the Equipment to HVBR clean and in good repair;
3.3 Satisfy itself at Commencement that the Equipment is suitable for its purposes;
3.4 Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instructions whether supplied by HVBR or posted on the Equipment;
3.5 Indemnify HVBR for all injury and/or damage to the extent caused or contributed to by the Customer to persons and property in relation to the Equipment and its operation and have adequate insurance to cover all liabilities incurred as a result of the use of the Equipment;
3.6 Ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorized;
3.7 Ensure that all persons operating or using the Equipment are suitably instructed in its safe and proper use;
3.8 Conduct a thorough hazard and risk assessment before using the Equipment;
3.9 Safely secure the Equipment or in or on the Customer’s vehicle, and indemnify HVBR in respect of any injury and/or damage caused by falling Equipment from any vehicle or trailer operated by or on behalf of the Customer;
3.10 Operate the Equipment in accordance with the intended use as declared;
3.11 Report and provide full details to HVBR of any accident or damage to the Equipment within 2 business days of the accident or damage occurring.
The Customer must NOT;
3.12 Tamper with, damage or repair the Equipment;
3.13 Lose or part with possession of the Equipment;
3.14 Rely upon any representation relating to the Equipment or its operation other than those contained in this Contract;
3.15 Allow any person to operate the Equipment if the person is affected by drugs and/or alcohol.
3.16 Exceed the recommended or legal load and capacity limits of the Equipment;
3.17 Use or carry any illegal, prohibited or dangerous substance in or on the Equipment.
3.18 Exceed the recommended or legal speed limit for the Equipment.
4. Payments by the Customer to HVBR
4.1 On or before Commencement (or as otherwise specifically agreed with HVBR), the Customer will pay the Hire Charge.
4.2 Immediately on request by HVBR, the Customer will pay:
(a) the current replacement cost of the Equipment as reasonably determined by HVBR using suppliers list prices of any Equipment which is for whatever reason not returned to HVBR.
NOTE TO CUSTOMER: Subject only to any express provision of this Contract to the contrary, the Customer is responsible for loss or theft of the Equipment.
(b) all costs incurred in unusual cleaning of the Equipment;
(c) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer, unless expressly agreed otherwise in this Contract;
(d) stamp duties, GST, any other taxes or duties, and all tolls, fines, penalties, levies or charges payable in respect of this Contract or arising from the Customer’s use of the Equipment;
(e) all costs incurred by HVBR in recovering possession of the Equipment;
(f) Interest for late payment of amounts owing by the customer, at the pre-judgement interest rate set by the Local Court of NSW from time to time;
(g) any expenses and legal costs (including commission payable to a commercial agent) incurred by HVBR in enforcing this Contract due to the Customers default;
(h) all costs of repairing or replacing tubes and/or tyres, including roadside service if requested; and
(i) if any damage and/or theft waiver applies, the amount for which the Customer is liable as set out in this Contract.
4.3 Without limiting the ability of HVBR to recover all amounts owing to it, the Customer authorises HVBR to charge any amounts owing by the Customer to any credit card or account details of which are provided to HVBR.
4.4 HVBR may tokenise the Customers Credit Card or Account details to facilitate credit card or online payments.
5. PPS Law
5.1 This clause applies to the extent that this Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation.
5.2 If HVBR does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than:
(a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or
(b) a year in any other case.
5.3 HVBR may register its security interest. The Customer must do anything (such as obtaining consents and signing documents) which HVBR requires for the purposes of:
(a) ensuring that HVBR’s security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling HVBR to gain first priority (or any other priority agreed to by HVBR in writing) for its security interest; and
(c) enabling HVBR to exercise rights in connection with the security interest.
5.4 The rights of HVBR under this document are in addition to and not in substitution for HVBR’ rights under other law (including the PPS Law) and HVBR may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it HVBR security interest will attach to proceeds.
5.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires HVBR to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires HVBR to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
5.6 The following provisions of the PPS Law: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on HVBR. Customer agrees that in addition to those rights, HVBR shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that HVBR may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
5.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law.
5.8 HVBR and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to HVBR the benefit of section 275 (6)(a) and HVBR shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.
5.9 Customer must not dispose or purport to dispose of or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of HVBR.
5.10 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless HVBR (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to HVBR and must be expressed to be subject to the rights of HVBR under this agreement. Customer may not vary a sub-hire without the prior written consent of HVBR (which may be withheld in its absolute discretion).
5.11 Customer must ensure that HVBR is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment.
5.12 Customer must take all steps including registration under PPS Law as may be required to:
(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling the Customer to gain (subject always to the rights of HVBR) first priority (or any other priority agreed to by HVBR in writing) for the security interest; and
(c) enabling HVBR and the Customer to exercise their respective rights in connection with the security interest.
5.13 To assure performance of its obligations under this agreement, the Customer hereby gives HVBR an irrevocable power of attorney to do anything HVBR considers the Customer should do under this agreement. HVBR may recover from Customer the cost of doing anything under this clause 5, including registration fees.
6. Damage Waiver
6.1 The Customer may pay an additional Damage Waiver Fee on the hire of any Equipment.
6.2 Damage Waiver is not insurance but is an agreement by HVBR that the Customer’s liability for damage to the Equipment can be limited in some circumstances only, to an amount called the Damage Waiver Excess.
DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY in the following circumstances;
(a) where the Equipment is lost or stolen;
(b) where the operator is not suitably licensed;
(c) where the operator is affected by drugs and/or alcohol;
(d) where the equipment has been wilfully damaged by the Customer or its employees or agents;
(e) where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;
(f) where the damage is caused in any way by overloading.
7. Theft Waiver
7.1 The Customer may pay an additional Theft Waiver Fee on the hire of any Equipment.
7.2 Theft Waiver is not insurance, but is an agreement by HVBR that the Customer’s liability for theft or loss of the Equipment can be limited in some circumstances only to an amount called the Theft Waiver Excess.
7.3 HVBR will ask the Customer to pay the Theft Waiver Fee on the hire of Premium Equipment, but with the exception of Equipment under Clause 7.4, the Customer may opt out of that payment.
7.4 Payment of the Theft Waiver Fee is compulsory on all eBikes, unless HVBR agrees to accept a certificate of insurance provided by the Customer at its own cost.
7.5 The Theft Waiver Excess applicable will be shown on the Hire Contract and will vary for different types of Equipment.
7.6 THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT in the following circumstances;
(a) where the Customer has failed to keep the Equipment in a securely locked Compound, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or
(b) where the Customer has failed to submit to HVBR a Police Report on the theft within 7 days of the theft allegedly occurring.
7.7 In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to HVBR.
7.8 Damage Waiver or Theft Waiver will NOT apply where HVBR determines that any of the applicable circumstances in clauses 6.3(a)-(f) or 7.6(a)-(b) respectively have occurred, unless the Customer is able to establish otherwise to the reasonable satisfaction of HVBR.
8. Exclusion of Warranties and Liabilities
8.1 Where the Australian Consumer Law applies, the Customer has the benefit of guarantees in relation to the hire of the Equipment which cannot be excluded.
8.2 Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal domestic or household use or consumption, HVBR liability in respect of any guarantee is limited to the replacement or repair of the goods, or the cost of having the goods repaired or replaced.
8.3 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, HVBR makes no representations and gives no warranties other than those set out in these Hire Contract Conditions and will not be liable to the Customer for any damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of the Equipment by the Customer.
8. Remote Hire
Where the Equipment is at any time hired by the Customer to be located in a Remote Area, the following clauses will also apply, in addition to the obligations of the Customer under Clause 3 and elsewhere in these Hire Contract Conditions;
(a) The Customer will pay an additional charge for any delivery, servicing and repair of the Equipment, and for any other attendance at the Remote Area by HVBR (‘Remote Area Charges’). The Remote Area Charges will be calculated on a per kilometer rate travelled by HVBR staff to and from the Remote Area, plus labour costs per staff member per hour (including travelling times) at scheduled rates, plus direct travelling cost including all airfares and accommodation charges incurred by HVBR and its staff in connection with travel to and from the Remote Area;
(b) Multiple items of Equipment hire by a Customer on the one site will only be charged for one call out fee;
(c) The Customer is responsible at its cost for daily maintenance and care of all Equipment in its possession.
9. Breach of Hire Contract by Customer
If the Customer breaches any clause whatsoever of this Contract and does not remedy the breach within 7 days’ notice of the breach, or becomes bankrupt, insolvent or ceases business then;
9.1 HVBR shall be entitled to:
(a) terminate this Contract; and/or
(b) sue for recovery of all monies owing by the Customer; and/or
(c) repossess the Equipment (and is authorized to enter any premises where the Equipment is located to do so), and any Damage and/or Theft Waiver referred to in clauses 6 and 7 is immediately invalidated.
9.2 The Customer indemnifies HVBR in respect of any damages, costs or loss, to the extent caused or contributed to by the customer resulting from a breach by the Customer of any provision of this Contract.
10.1 The Customer must immediately check all Hire Charges, and any disputes in relation to those Hire Charges must be communicated to HVBR in writing within 30 days of the Hire Contract date. In the event that no communication is received from the Customer within that 30 day period, the Hire Charges are deemed to be accepted by the Customer.
10.2 If a dispute arises relating to this Contract, the hiring or the use of the Equipment (except in regard to payments due to HVBR), the parties agree to negotiate to settle the dispute with the assistance of the Hire and Rental Association of Australia before litigation.
HVBR will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the HVBR Privacy Statement is available upon request or by visiting. www.huntervalleybicyclerentals.com.au.
12. Governing Law
12.1 HVBR and the Customer agree that this Contract is governed by the Law of the State of New South Wales, and the parties submit to the jurisdiction of the courts of that State.
Effective Date – 01/11/2019