EasyRide Urban Quest and Hirer may also be singly referred herein as “Party” or jointly referred to as “Parties”.
Whereas :
- EasyRide Urban Quest is in the business of leasing vehicles in return for a fee;
- Hirer intends to lease a commercial vehicle from EasyRide Urban Quest for use in its business.
1. Rental of Vehicle
EasyRide Urban Quest agrees to rent to Hirer, the Vehicle’s specified in Rental Agreement at rental fees to be
agreed upon by the parties. The initial rental period shall not exceed. three (3) / two (2)months and thereafter the
rentals shall renew on a month to month / bi- monthly / tri-monthly basis if needed.
Rental Agreement shall state the following: Vehicle/s to be leased by Hirer, Drivers of the Vehicle/s, Rental
Period, Rental Fee, Administrative Fee, Lease Term
2. Condition of Vehicle
EasyRide Urban Quest warrants that the Vehicle(s), upon delivery to Hirer, to be in good mechanical and
Merchantable condition. Hirers will be responsible for ensuring that the Vehicles and keys are safely secured and
will return the Vehicles to EasyRide Urban Quest in the same condition as provided, normal wear and tear
accepted. Returned Vehicles shall meet the Vehicle Turn-In Standards set forth in Schedule A. Hirers will
promptly notify EasyRide Urban Quest of any accident, damage or failure of a Vehicle and will cooperate with
EasyRide Urban Quest in connection with gathering information in connection therewith. Hirer shall not permit
(a) use of a Vehicle outside of Singapore;
(b) use of Vehicle by anyone under the influence of alcohol or drugs;
(c) use of a Vehicle for any activity that could be charged as an offence or a crime;
(d) use of a Vehicle to carry
persons or property for hire; or
(e) use of a Vehicle on an unpaved road
3. Requirement of Driver’s
Hirers shall be solely responsible for ensuring that the Vehicles are operated only by individuals with valid and appropriate driver’s licenses. If the operation of a Vehicle requires a commercial driver’s license or special endorsement, or is subject to other specific requirements. Customer shall take the necessary steps to ensure that all such requirements are met. Hirers shall also be solely responsible for all parking tickets, driving and traffic violations and any other summons issued against the Vehicles while they are on rent and in Hirer’s care, custody and control.
4. Risk of Loss, Damage
● All loss of or damage to the Vehicles, unless such loss or damage results from a latent defect, or the negligence or wilful misconduct of EasyRide Urban Quest, while the Vehicles are on rental and in Hirer’s sole care, custody and control, including but not limited to fire, flood, theft, comprehensive losses, collision and rollover and acts of God, will be the responsibility of the Hirer and Hirer shall promptly reimburse EasyRide Urban Quest for the cost of such damage or loss. Hirer’s responsibility is limited to
(a) reasonable repair cost for repairable damage or
(b) the fair market value of the Vehicle(s) at the time
it is lost or damaged, less any salvage value. Hirer is also responsible for any loss or theft of personal property stored in the Vehicles.
● Hirers may bring Vehicle into EasyRide Urban Quest workshop/s for a change of parts due to fair wear and tear or a check if Hirer observes a fault. Such visits to EasyRide Urban Quest workshop/s are limited to one change of any part due to fair wear and tear during the term of this Agreement. If there is any
installation or replacement or repair or paint work to be done on Vehicle; be it due to fair wear and tear or an accident; such works will have to be expressly approved by EasyRide Urban Quest before they can be carried out. The approval by EasyRide Urban Quest shall be communicated to the approved workshop directly.
● In the event of an accident, Hirer is to inform EasyRide Urban Quest by phone and by email or facsimile within 24 hours from the accident and bring the Vehicle to the EasyRide Urban Quest workshop within 48 hours from the accident. EasyRide Urban Quest may seek indemnity for any loss or damage from Hirer
for any breach of the condition herein by Hirer.
● In the event of any breakdown or repair of the Vehicle, EasyRide Urban Quest cannot guarantee the availability of a replacement Vehicle. If EasyRide Urban Quest Is unable to provide a replacement Vehicle during the period when Vehicle leased by Hirer is not available for use by Hirer, EasyRide Urban Quest will refund the amount of Rental Fee for period when Hirer is unable to use the Leased Vehicle which has broken down or is under repair.
5. Insurance
● The Hirer agrees that EasyRide Urban Quest arranges the insurance for purposes of this agreement and to bear.
● EasyRide Urban Quest reserves the right to change insurance underwriter or broker for the insurance to be maintained Clause 5.
6. Indemnity
● Except to the extent due to the negligence or willful misconduct of the Indemnified EasyRide Urban Quest Parties, Hirer will defend and indemnify EasyRide Urban Quest, its affiliates, directors, officers, employees and agents (“Indemnified EasyRide Urban Quest Parties”) from and against all loss, liability,
claims, actions or expenses, including reasonable outside legal fees, sustained by any person, including but not limited to employees of Hirer, arising from the operation, use or misuse of the Vehicles or from the breach of Hirer’s obligations under this Agreement. This indemnification obligation shall survive the expiration or termination of this Agreement.
● EasyRide Urban Quest reserves the right to claim all costs such as tow fees or impound fees incurred in
reclaiming possession of Vehicle’s from Hirer.
7. Payment
● Hirer shall pay EasyRide Urban Quest the applicable rental fees (“Rental Fee”) for the Vehicles within three(3) days of the date of the applicable invoices. If Hirer fails to pay rental charges when due, EasyRide Urban Quest shall have the right to assess late payment charges equal to one percent (5%) per month in addition to any other remedies EasyRide Urban Quest may have pursuant to this agreement and applicable law.
● In the event of a failure by Hirer to pay the invoice under clauses 4, 5, 6 or 7; the Director / Sole Proprietor / Partner of Hirer hereby undertake to and guarantees the payment that is due and owing to EasyRide Urban Quest in this clause.
● Hirer shall pay a Deposit amount of which is stated on signing this Agreement. The Deposit stated in the Agreement is not to be used to offset any Rental Fee. In the event of a premature termination of the Agreement, the Deposit shall be forfeited. The Deposit is refundable within 3 days after the Lease Term provided there is no loss and / or damage.
8. Events of Default
The following events shall constitute events of default (“Events of Default”) under this Agreement.
● Hirer’s failure to return the vehicle with full fuel level shall result in a service fee of $20.
● Hirer’s failure to return the vehicle by the agreed return time shall result in a late fee of $5 for every fifteen (15) minutes past the agreed return time.
● Hirer’s failure to pay overdue rental charges within three (3) days of notice from EasyRide Urban Quest;
● Hirer’s failure to comply with any other material obligation under this Agreement, which failure is not cured within fifteen (15) days of notice thereof;
● Either Hirer or EasyRide Urban Quest commits an act of bankruptcy or insolvency or the commencement of a bankruptcy, receivership, insolvency, reorganization, dissolution, liquidation or similar proceeding against Hirer on EasyRide Urban Quest;
If Hirer defaults and EasyRide Urban Quest deems itself insecure, EasyRide Urban Quest may remove the Vehicle/s from the Hirer’s Possession. Either party may terminate this Agreement upon notice to the other party if the other party commits an Event of Default.
9. Non-consequential Damages
Each party shall not be responsible to the other party or any operator of a Vehicle for any indirect, special or consequential damages, including lost profits, arising out of this Agreement.
10. No Assignment
Neither Party may assign its rights or novate its obligations under this agreement without the written consent of the other Party.
11. Tracking Device Usage
The hirer acknowledges and agrees that tracking devices will be utilized solely for the purposes outlined in this agreement and in compliance with relevant laws and regulations governing privacy and data protection. The tracking information collected will be accessible exclusively by EasyRide Urban Quest and will be handled with confidentiality, except when mandated by law or in the event of a breach of this rental agreement. The hirer agrees not to tamper with, disable, or attempt to remove the tracking device without obtaining prior written permission from the EasyRide Urban Quest.
12. Cost and Expenses
Upon the execution of this Agreement the Hirer shall pay on demand, any cost and expenses (including legal costs on a full indemnity basis) incurred by Easyride Urban Quest Pte. Ltd. in protecting or enforcing or in contemplation of protecting or enforcing any rights under this Agreement including but not limited to legal costs (on a full indemnity basis) for the issuance of a demand and/or for any legal proceedings including but not limited to defending any claim by the Hirer for any relief or remedy in respect any non-conformity of the Goods pursuant to the Consumer Protection (FairTrading) Act (Cap. 52A), storage costs, towing costs, removal costs, destruction costs, repossession costs, recovery costs, cost to ascertain the whereabout of the Goods, the cost of appointing an agent to collect any outstanding amount due and payable by the Hirer to Easyride Urban Quest Pte. Ltd. , and the cost of legal proceedings brought by Easyride Urban Quest Pte. Ltd. against the Hirer.
Any good and services tax and penalties or other levies now and hereafter imposed by law or required to be paid in respect of any monies payable to or received or receivable by Easyride Urban Quest Pte. Ltd. or any expenses incurred by Easyride Urban Quest Pte. Ltd. shall be borne by the Hirer who shall reimburse Easyride Urban Quest Pte. Ltd. in full on demand for the said payments and until paid, interest shall be charged thereon at the rate of 2% per month or such other rate as may be prescribed from time to time by Easyride Urban Quest Pte Ltd.
13. No Third Party Rights, Independent Contractors
This Agreement is intended for the benefit of the parties hereto, and no other party may claim any right hereunder, whether as a third party beneficiary or otherwise. The relationship of the parties is solely that of independent contractors, as neither party can obligate the other party to third parties.
14. Confidentiality
Each party agrees to protect as confidential this Agreement and all information exchanged hereunder and further agrees not to use or disclose said information for purposes other than as specified in this Agreement.
15. Applicable Law
This Agreement is governed by the laws of the Republic of Singapore. The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement including a dispute regarding the existence, validity or termination of this Agreement (a “Dispute”).
16. Notices
Notices to be sent to a Party in this Agreement are to be sent to the following address, email and facsimile:
EasyRide Urban Quest Pte Ltd
Address : 24 New industrial Road, #04-08, Singapore 536210
Mobile: 8825 1000
17. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and may be amended only by the written agreement of the Parties.