| Preliminary |
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| A. |
Access to and use of the Navigate Australia GPS unit (“the GPS”) is conditional upon acceptance and compliance will all terms and conditions of use set out below in these Terms and Conditions. |
| B. |
Navigate Australia reserves the right to amend, change or modify the Terms and Conditions at any time but in the case of doing so the terms and conditions that apply to any existing hire are those applicable at the date of hire. |
| C.
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“You”, “your” and similar derivatives refer to the hirer. “We”, “us” and similar derivatives refer to Navigate Australia. “Car” refers to the nominated vehicle in which you intend to use the GPS. All references to time periods refer to Australian Eastern Standard Time |
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| Terms and Conditions
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| 1.
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General Rental Contract
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| 1.1
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Navigate Australia enters into a contract with you to provide the GPS for yournominated period of time in accordance with these terms and conditions.
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| 1.2 |
The GPS will be programmed in accordance with your instructions and delivered to you by our courier approximately 24 hours before your start date. The GPS must be returned to us within 48 hours of your return date.
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| 1.3
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The GPS will be delivered to you in good working order and condition. You must use all reasonable care to ensure that the GPS is used and returned to us in the same condition.
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| 1.4
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The GPS is only suitable for use as an in-car device. You are liable, and we are not responsible for any use of the GPS that is outside of your car.
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| 2. |
Your Instructions
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| 2.1
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Upon receipt and confirmation of your rental agreement instructions, we will program the GPS in accordance with your instructions. You are responsible for giving us accurate instructions. If there is any ambiguity in your instructions, we will seek clarification from you by email. You should periodically check to see if we have emailed you. We are not liable if we cannot contact you, or you do not respond.
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| 2.2 |
We are not liable to you if your instructions are inaccurate in any way or if you change your instructions either before your nominated date, without notifying us sufficiently in advance, or at any time during your travel period.
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| 2.3 |
We will contact you if, for any reason, any of your instructions cannot be met by us.
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| 3.
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Delivery of GPS
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| 3.1 |
The GPS will be delivered to you approximately 24 hours before your nominated date. That package will include the GPS unit and a return courier delivery bag. We are not liable to you if, for any reason, the courier fails to deliver the GPS to youwithin the agreed time.
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| 3.2 |
We will notify you once the GPS has been collected from us by the courier and we will give you the courier’s contact details.
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| 3.3 |
Upon receipt of the GPS from the courier you should check the GPS is complete, intact and in working order. If the GPS is damaged or does not work in any way, which appears to have been a result of the delivery process, you must contact us as soon as possible.
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| 4.
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Use of GPS
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| 4.1 |
Prior to commencing using the GPS you must read all of the instructions supplied with the GPS. We are not liable to you if you fail to use the GPS in accordance with its instructions. If you have any difficulty with using the GPS or following the instructions, you may contact us by email, providing your contact details, and we will contact you to give further assistance.
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| 4.2 |
The GPS must only be used as an in-car unit. We do not make any representation or warranty to you about use of the GPS except in accordance with the GPS instructions and these terms and conditions. We take no responsibility for any GPS failure if used outside your nominated car.
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| 4.3 |
We cannot be responsible for the actual state and condition of any road, route or other physical circumstances that cause the GPS to be ineffective. You accept that roads and routes may be closed, blocked or required to be detoured at any time.
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| 4.4 |
You acknowledge that certain weather conditions may have an adverse effect on the operation fo the GPS. We are not responsible to you or liable in anyway for the failure of the GPS or any other adverse effect, or the consequence of it arising from or incidental to any adverse weather conditions during your rental period.
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| 4.5 |
If you have any difficulties with the GPS during the rental period you may contact us for assistance.
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| 4.6 |
If, when you return the GPS to us, there is any damaged or evidence of misuse of the GPS by you, we are entitled to retain your deposit to offset our costs of repairing or replacing the GPS.
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| 5.
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Return Procedure
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| 5.1 |
When you return from your trip and you have finished with the GPS you must package it up properly in its box, making sure that you include all components of it, and then you must return it to us in the return courier bag. We will provide you with return instructions and a components checklist to help you in the return process.
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| 5.2 |
You must contact the courier for collection as soon as possible after your return date. If we do not receive the GPS unit back from you within 2 business days of your return date, we are entitled to charge a late fee, being additional daily hire fees for each day until the GPS is returned to us.
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| 5.3 |
If you fail to return the GPS to us within 7 days of your return date, you will forfeit the deposit to us. In addition, you will then be deemed to acquire the GPS and an acquisition fee will be charged. The acquisition fee is the difference between the market value of the GPS and the deposit that you have already paid.
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| 5.4 |
If there is any delay in return of the GPS that is not your fault, and you can show that you complied with our return procedure, you will not be charged any late fees.
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| 6.
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Payment
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| 6.1 |
The rental price of your GPS hire is determined from the pricing schedule.
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| 6.2 |
All payments must be made by credit card and the rental price is to be paid by you in advance.
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| 6.3 |
We also retain a $250.00 deposit against your credit card as security for your obligations under these terms and conditions.
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| 6.4 |
We will not commence programming the GPS until your payment has been received and cleared by our bank. |
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| 7.
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Deposit |
| 7.1 |
You authorise us to reserve the amount of $250.00 from your credit card for the duration of the rental period as a security deposit. |
| 7.2 |
This amount will not be credited to your credit card unless you fail to comply with these terms and conditions of hire
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| 7.3 |
We may use the deposit to cover our costs to repair or replace the GPS if it is damaged in anyway when it is returned to us and that damage is likely to have been caused by you during the hire period. We will also use it to cover our incidental costs during this process. |
| 7.4 |
You will forfeit the deposit if the GPS is not returned to us within 7 days of your return date.
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| 8.
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Hire Period |
| 8.1 |
The hire period commences on your nominated start date and ends on your nominated return date.
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| 8.2 |
We will send the GPS to you so that it arrives, in the ordinary course of delivery within 24 hours of your start date.
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| 8.3 |
You must return the GPS to us within 2 business days of your return date.
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| 8.4
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Subject to availability, you may request us to extend the hire period at anytime either before the start date or during the hire period. To request an extension to the hire period you must contact us and advise your new return date. You must give us as much notice as reasonably possible to extend the hire period. You may contact us by phone or email for this purpose.
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| 8.5
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We will advise you if the GPS is available for the extended hire period. If it is available you will be charged additional hire charges at the daily rate of your initial hire. If it is not available, you must return the GPS to us in accordance with the original rental contract
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| 8.6 |
You can contact us for this purpose either by phone or email. If you cannot contact us for any reason, and/or we do not confirm the availability of the GPS for an extended hire period, you must return the GPS in accordance with the original rental contract.
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| 9.
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Cancellation |
| 9.1 |
If you cancel your booking at least 7 days prior to your start date, there is no fee payable to us.
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| 9.2 |
If you cancel your booking less than 7 days but more than 24 hours from your start date there is a cancellation fee of $50.00. This will be charged to your credit card. |
| 9.3 |
If you cancel your booking less than 24 hours from your start date, you will be charged the $50.00 cancellation fee, plus the daily hire charges that you incur until the GPS is returned to us.
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| 9.4 |
If you cancel the booking less than twenty-four (24) hours prior to your start date then a fee of fifty dollars ($50.00) plus the daily rate while the GPS is in transit is payable by you to us.
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| 10.
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Liability
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| 10.1 |
We make no representation or warranty to you about the suitability of the GPS or are our services for the purposes that you require. You must make your own commercial decision about engaging our services prior to doing so. |
| 10.2 |
We will take all reasonable care to ensure that he GPS is programmed correctly (subject to your instructions), packaged properly, delivered to you on time and is in working order. |
| 10.3 |
By this rental contract you are obliged to take all reasonable care in the use, packaging and return delivery of the GPS to us. |
| 10.4 |
You acknowledge that the GPS remains our property at all times during the hire period. You must not sell, dispose of, damage or use the GPS in any way that may result in a breach of this rental contract or of our rights as owner. |
| 10.5 |
You are liable for your wilful, reckless, negligent or accidental acts and omissions in using the GPS that result in any injury, loss or damage being caused to the GPS and you will be charged for the repair or replacement of the GPS accordingly.
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| 10.5 |
We accept no liability for any form of injury, loss or damage as a result of you using the GPS. By entering into this rental contract you agree to fully indemnify us from all injury loss and damage (including death) to any persons or your property resulting from the use of the GPS. |
