3. WHO MAY DRIVE THE VEHICLE
3.1 The vehicle must only be driven by you or any other who has first been authorized by us and added to the Borrower Schedule and you agree that you will not allow any other person to drive the vehicle.
3.2 You have warranted to us that:-
i. You do not suffer any physical infirmity and/or defective vision or hearing which may impact your driving abilities.
ii. You have not convicted during the past five (5) years of careless and/or reckless driving.
iii. No company and /or underwriter has refused to renew or cancelled your motor insurance policy.
iv. You had a valid driving license for more than two (2) years.
v. If you are Malaysian citizen – you possess a valid Malaysian driving license which has not been endorsed upon as at the date of this Borrower Agreement or
vi. If you are not Malaysian citizen, you shall possess a valid international driving license or you possess a valid driving license from any one of the Commonwealth countries as at the date of this Borrower Agreement.
4. BORROWER CHARGES & OTHER CHARGES
4.1 The charges stated on Borrower Schedule reflect your use of the vehicle as agreed between us at the start on your borrower and includes the basic borrower charges, charges for any option or ancillary services chosen by you and applicable taxes at the prevailing rate.
4.2 Our borrower charges are calculated on the basis 24 hour periods from commencement of the borrower. If you fail to return the vehicle to the agreed return or collection point at or before the vehicle return time stated on the Borrower Schedule, you will be charge on the following basis:-
i. For the first 3 hours after the agreed vehicle return time – One sixth of the relevant daily rate will be imposed for each hour or any part thereof that the vehicle is overdue, or
ii. For any return beyond or after 3rd hour after the agreed vehicle return time- an extra day’s borrowed at the relevant daily rate will be imposed for every day or part of a day thereof that the vehicle is overdue.
4.3 Additional charges may arise from your use of the vehicle during the borrowing duration and may include loss of or damage to the vehicle, a refueling service charge, pick up and drop off charge, one-way charge, late return charge, extra cleaning charge and any road tolls or fines or charges arising from traffic or parking offences during the borrowed (including a reasonable administration charges in accordance with article 8.3). You are fully responsible for payment of any restoration charges and loss of the borrowed income if the vehicle is seized or impounded by any enforcement authorities.
4.4 You are agree that we are entitled to charge you a reasonable additional cost if the vehicle requires more than our standard cleaning on its return to its pre-borrowed condition allowing for wear and tear.
4.5 All charges are calculated in accordance with our current rates and is subject to final calculation after the borrowed.
4.6 If you do not pay any of the charges owing to us under this Borrowed Agreement, we reserve the rights to charge you or claim from you the interest in addition to the outstanding charges at a rate of eighteen percent (18%) per outstanding.
4.7 You acknowledge that the lending rates quoted by us are for successive continuous period of rent in the event that there is a break in the period of rent. You shall be entitled to any quantity discount.
4.8 You acknowledge that us reserved the right to forfeit your deposit if you in the event loss, damage to or theft of the vehicle.
5 PICK-UP, DELIVERY AND RETURN
5.1 We will supply the vehicle to you in good overall and operating condition, complete with all necessary document, parts and accessory.
5.2 You and we will check the condition of the vehicle during delivery and collection the vehicles .Cimm Services representative will provide a record showing any agreed defect. You acknowledge that you will responsible for any loss or damage to the vehicle, its document, parts and accessories arising during borrowing duration.
5.3 You agree to return the vehicle to us in the same condition as you borrowed, subject to fair wear and tear with the same documents parts and accessories at the location and on the date and time designated in the Borrower Schedule.
5.4 The vehicle must be returned to the agreed location of our business within the normal business hours of the location concerned. If you return the vehicle outside of these hours you must comply with the out of hours return instructions for that location, in which case you will remain fully responsible for the vehicle until the location re-opens for business. If you fail to comply with these instructions, you will remain responsible for the vehicle until you are able to access it.
5.5 If at any time we have agreed that you may return the vehicle to a place other than our borrower location, or if we agreed to collect it, you will remain fully responsible for the vehicle until it is collected by us.
6 ACCIDENT, THEFT AND VANDALISM
6.1 You must, where possible, report any traffic accident, loss, damage or theft involving the vehicle to us immediately before doing the police report.
6.2 You must not admit any liability, release any party from liability, settle any claim or accept any disclaimer in the event of an accident but should take names, vehicle registration number, national identity/passport number and addresses of everyone involved including witnesses.
6.3 You agreed to cooperate with us in any investigation or subsequent legal proceedings arising out of any damage to the vehicle.
7 YOUR RESPONSIBILITIES / LIABILITIES
7.1 You have to ensure during the borrowing of the vehicle that the vehicle has sufficient oil, water, correct tyre pressure and fuel is used when refueling.
7.2 You are fully responsible for damage caused by failure to assess the height of the vehicle and striking overhead or overhanging objects.
7.3 You will liable to us for all reasonable losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories while on borrowed. Your liability may include the cost of repairs, lose in value of the vehicle, loss of the lending income, towing and storage charges and an administration charge, which recovers our costs for handing any claims arising from damage caused to the vehicle unless responsibility for the damage lies with us or has been determined by a third party or their insurer to lie with the third party. If in our judgments any damage makes the vehicle unfit for borrowed, we will endeavor to repair the vehicle as soon as possible.
7.4 We are not liable to you or passenger for loss or damage to property left in the vehicle either during or after the period of borrowed unless the loss or damage results from our breach of the Borrowed Agreement. Such property is entirely at your own risk.
8 LIMIT OF LIABILITY
We shall not be liable to you or any third party for any loses or damages arising from the borrowed. We shall not be liable for any indirect or unforeseeable loss or damages including loss or profit or loss opportunity.
9 ROAD TOLLS, PARKING FINES AND TRAFFIC VIOLATIONS
9.1 You are fully responsible for all road tolls and any fines or other consequences of the violation of traffic regulations, parking orders or any other laws or regulations during the borrowing duration.
9.2 We shall upon request supply you with a copy of any traffic violation notice which we receive.
9.3 If we required to paysuch road toll, fines, charges or associated costs, you are agreed that we may charge you with the amount of plus a reasonable administration charge for dealing with these matters by crediting your credit card or deposit without further reference to you.
10 CROSS BORDER POLICY
You acknowledge that the vehicle is strictly prohibited from entering East Malaysia, Singapore, Thailand, Brunei and/or Indonesia (Cimm Services Enterprise reserves the right to take any kind of actions if vehicle found nearby at any border of Malaysia.
The borrowed vehicle is supplied to you with fuel as indicated on the Borrowed Schedule. A refueling service charge will be payable by you for the fuel and the service of refueling at the applicable rate.
12 USE OF THE VEHICLE
12.1 You are authorized to drive the vehicle on the conditions contained in this paragraph 11 and paragraph 2 above including at all times to use the vehicle in a responsible manner. If you do not comply with these conditions you will liable to us for any liability or reasonable loss incurred by us or any damages or reasonable expenses we suffer or incur as your breach. We reserve the right to take back the vehicle at any time and at your expense, if you are in breach of this Borrower Agreement.
12.2 If you are experience any problem due to accident or mechanical failure, you must contact us on the indicated on The Agreement Schedule. No one may service or repair the vehicle without our prior express permission.
12.3 You must look after the vehicle, make sure it is locked, secure and parked in a safe place when not in use and use any security device provided.
12.4 In the event that the vehicle is up of history require cleaning; you shall be liable for the cost of cleaning the same.
12.5 You must not use the vehicle or allow it to be used :-
i. To tow or push any vehicle, trailer or other object.
ii. Off road or non government gazettes roads unless its permitted by us.
iii. Whilst under the influence or alcohol or drugs.
iv. For any illegal purpose.
v. To carry pets and/or durians or any others objects which, because of its condition or smell may delay our ability to rent the vehicle again.
vi. For sub-renting.
vii. To take part at any race, rally, test or other contest or; In a negligence manner.
13.1 Delivery and pick up charges
If during normal business hours of the location of our business concerned you require us to deliver and/or pick up the vehicle to/from you at any other place other than our location of business. We may impose additional deliver and/or pick up charges provided that we are at liberty to agree with you the time and place of deliver and/or pick up.
13.2 One-way hire charges
If the collection and return location of our business location differs, we may impose additional one-way charges depending on the distance between the location of our business for collection and the location of our business for return provided that a minimum hire period has been entered into and that we have the liberty to agree with you on the return location
13.3 Out of Hours Charges
Subject to entire discretion of our company and availability of our staff, if the collection and return of the vehicle from and to the location of our business are made outside of normal business hours of that location of our business concerned we may impose additional out of hours charges. If the delivery and pick up of the vehicle to/from you at any other place other than our location of business are made outside of the normal business hours, we may impose additional out of hours charges for the avoidance of doubt, the travelling time taken for the purposes of the delivery and/or pick up shall be taken into account.
You shall be liable to pay for any tax imposed (including but not limited to goods and services tax, stamp duty)
If any provision of this Borrower Agreement shall be held to invalid, illegal or unenforceable (in whole or in part) under applicable law such provision or part shall to that extent be deemed not to form part of this Borrow Agreement but the remainder of this Borrow Agreement shall continue in full force and effect).
16 APPLICABLE LAW
This Borrow Agreement is governed by the law of Malaysia and you agree to submit to the exclusive jurisdiction of the Malaysian court.
17 VARIATION AND/OR AMENDMENTS
You agree and acknowledge that Cimm Services Enterprise may vary or amend the terms and condition of this Borrow Agreement at any time without prior notice to you.