TERMS AND CONDITIONS

1. Leasing

We (“the Company”) agree to lease to you (“the Hirer”) and you agree to accept the lease of the Vehicle described in the Schedule above on the terms and conditions set out in this Agreement including the Schedule.

2. Lease Period and Renewal

The lease shall commence from the Commencement Date, and shall continue for the duration of the Lease Period subject to any early termination in accordance with the terms and conditions of this Agreement. Upon expiry of the Lease Period, unless this Agreement has already been terminated or the Hirer has served the requisite notice of termination pursuant to the terms herein, the lease of the Vehicle under this Agreement shall be renewed automatically on a month-to-month basis commencing the day immediately after End Date on the same terms and conditions herein.

3. Deposit

(a) You shall pay an ‘Interest Free’ Deposit as prescribed in the Schedule upon signing this Agreement as a security deposit for the due performance of all your obligations under this Agreement. Upon the termination of this Agreement and if you should duly perform and observe the covenants, conditions, stipulations, undertakings and agreements contained herein, the Deposit shall be returned to you free of interest.

(b) If you fail to perform and observe the covenants, conditions, stipulations, undertakings and agreements contained herein, we shall at our discretion at any time without notice to you be entitled to forfeit the Deposit or apply the same towards reducing or discharging your liability to us or to any third party, provided always that such forfeiture or deduction shall not in any way prejudice, impair or adversely affect any of the Company’s rights against you. In any such event, you shall forthwith pay to the Company upon demand such sum as shall restore the Deposit to its full amount. Any sum received by the Company thereon shall be deemed and treated as forming part of the Deposit.

(c) The Deposit shall not be deemed to be or treated as payment of the Lease Charges nor shall you be permitted to deduct or set-off the Deposit or part thereof from any of the Lease Charges or any other amounts due or payable by you to the Company.

4. Lease Payments

(a) During the Lease Period, you shall pay the Lease Charges to the Company by the Payment Date without demand or invoice. Payment of the Lease Charges shall commence on the Commencement Date. The subsequent payments of the Lease Charges shall be due and payable in advance on Payment Date.

(b) Punctual payment shall be the essence of this Agreement and you shall be deemed to have repudiated this Agreement if any of the Lease Charges or part thereof shall remain unpaid after becoming due (whether or not any formal demand has been made).

(c) All payments must be made to the Company at the address as stated in the Schedule. Any payment sent to the Company by post will be at your own risk and proof of postage will not be accepted as proof of receipt.

(d) Your liability to pay the Lease Charges will be a continuing obligation notwithstanding any other provision in this Agreement and regardless whether the Vehicle is under repair, servicing or unavailable for use.

(e) You shall also pay to the Company all applicable charges, levies, taxes (including GST) and all similar and associated charges in addition to any amounts payable to the Company under this Agreement (and references in this Agreement to that amount shall be deemed to include any such charges, levies and taxes payable in addition to it).

5. Late Payment Charges

In addition to and without prejudice to the Company’s rights and remedies under this Agreement, if the Lease Charges or any sums, charges, costs or expenses under this Agreement are not paid on its due date (whether formally demanded or not), you shall pay to the Company “Late Payment Interest” at the rate of 2% on such overdue Lease Charges or other sums from the date or dates when the same fall due up to the date of actual payment (both before and after judgement) together with a “Late Payment Fee” of S$50.00 per overdue Lease Charge. Such interest shall be calculated on a daily basis and compounded with monthly rests and shall accrue before as well as after any judgement. Any payment received by the Company will be appropriated first towards the interest payment and other charges due and lastly towards the payment of the Lease Charges.

6. Delivery of Vehicle

You shall:

(a) Take collection of the Vehicle upon notification by the Company that the Vehicle is ready for collection. If you refuse or are unable to do so for any reason within seven (7) days after the date of the said notification, the Company will be entitled to (but will not be bound to do so) terminate this Agreement and you shall be liable to the Company for all loss and damages suffered by the Company as a consequence of your breach, such loss and damages shall be determined as stipulated under Clause 9 below. The Company shall be entitled to forfeit the Deposit without notice to you as compensation for your breach.

(b) Inspect the Vehicle upon taking collection and notify the Company forthwith of any defect by stating the same in writing to the Company. If you fail to do so immediately, the Vehicle shall be deemed to have been inspected by you and delivered to you in good order and condition. You acknowledge that upon taking delivery of the Vehicle, you have inspected the Vehicle and all conditions and warranties relating to the condition of the Vehicle as to the fitness or suitability for the particular or any purpose for which you have leased the Vehicle, whether express or implied, are expressly excluded.

7. Custody and use of the Vehicle

From the Commencement Date and throughout the Lease Period, you represent and warrant to the Company that:

(a) You shall ensure that the Vehicle shall at all times be used:

(i) in accordance with all applicable laws and regulations;

(ii) with all due care and in accordance with all recommendations, conditions, and specifications made or prescribed by the manufacturer or distributor of the Vehicle; and

(iii) only within the territorial limits of Singapore.

(b) You shall not, and shall ensure that no person shall, at any time:

(i) without the prior written consent of the Company, make or permit to be made any alterations, additions, or improvements to the Vehicle (including fitting any towing equipment, non-standard tires, and/or other accessories onto the Vehicle), or remove any parts whatsoever from the Vehicle;

(ii) remove or interfere with any identification marks or plates affixed to the Vehicle;

(iii) deface the paintwork or bodywork of the Vehicle or add or affix any painting, sign-writing, lettering, or advertising to or on the Vehicle;

(iv) use or permit the Vehicle to be used (including by any passenger) in a manner or for a purpose:

(A) which contravenes any applicable law (whether for smuggling or the storage or transportation of any illegal drugs or any other unlawful use or purpose);

(B) for which the Vehicle is not designed or suitable;

(C) for speed-testing, reliability trials, driving lessons, towing, racing, pace-making, racing, or competing in any form of motor sport whatsoever; or

(D) which contravenes any condition of any insurance policy relating to the Vehicle or which may result in such insurance policy being invalidated;

(v) sell, offer for sale, assign, let, sublet, pledge, mortgage, charge, encumber, or part with possession of or otherwise deal with the Vehicle or any interest therein nor create nor allow to be created or suffer the creation of any lien or encumbrance on the Vehicle whether for repairs or otherwise; and/or

(vi) smoke any cigarette, tobacco, or other substances in the Vehicle.

(c) All alterations, additions, or improvements to the Vehicle (whether with or without the consent of the Company) shall be deemed to form part of the Vehicle and be the property of the Company without any cost to the Company and be subject to the terms of the Agreement.

(d) Notwithstanding Clause 7(c), if any alterations, additions, or improvements are made to the Vehicle without the Company’s consent, you shall immediately upon being required to do so by the Company remove such alterations, additions, or improvements and restore the Vehicle to the same quality, function, and condition as before such alterations, additions, or improvements were made at your own cost.

(e) You represent and warrant to the Company that the Authorised Driver:

(i) is at least 23 years of age;

(ii) possesses a valid Singapore driver's licence in relation to the Vehicle with at least 2 years of driving experience;

(iii) has not had:

(A) any application for motor insurance rejected;

(B) any motor insurance policy cancelled;

(C) special conditions imposed on any motor insurance policy; or

(D) increased premium imposed on any motor insurance policy by reason of his claim experience; and

(iv) is not an undischarged bankrupt, 

(Clauses 7(e)(i) to 7(e)(iv) above, collectively, the "Driver Qualifications").

(f) If at any time during the Rental Period you or any Authorised Driver ceases to fulfil any of the Driver Qualifications, you shall immediately notify the Company in writing. If any Authorised Driver ceases to fulfil any of the Driver Qualifications:

(i) the consent given to such Authorised Driver to drive the Vehicle shall be revoked with immediate effect; and

(ii) you shall ensure that such Authorised Driver ceases to use the Vehicle with immediate effect.

(g) you shall immediately notify the Company in writing:

(i) if at any time during the Lease Period, the Hirer or any Authorised Driver reaches the age of 65;

(ii) of any accident involving the Vehicle, or any breakdown or failure of the Vehicle;

(iii) if at any time during the Lease Period, the aggregate number of demerit points outstanding against the Hirer or any Authorised Driver amounts to a total of 12 or more points under the Road Traffic (Driver Improvement Points System) Rules;

(iv) of any changes to the personal particulars of the Hirer or any Authorised Driver as specified in the Schedule or as notified to the Company from time to time; and/or

(v) if the Vehicle is or may be seized or confiscated pursuant to any applicable law (including under the Road Vehicles (Special Powers) Act (Chapter 277) and/or the Misuse of Drugs Act (Chapter 185)).

(h) The branding rights of the Vehicle belong to the Company. All decals or advertisement designs on the Vehicle are part of the Company’s property and entirely up to the discretion of the company. Any proposed design additions, alterations or removals by the Hirer is subject to a written approval from the Company, of which the Vehicle is to be restored to its original condition when the agreed period or Lease Period is over, whichever is earlier. 

8. Insurance

(a) The Vehicle is insured under a standard commercial motor vehicle insurance policy in accordance with the laws of Singapore. The Hirer shall observe and comply with the terms and conditions of the insurance policy relating to the Vehicle in force from time to time, and shall not do or omit to do anything which may vitiate such insurance policy.

(b) For the avoidance of doubt, the insurance cover is solely for the Company’s benefit and any insurance proceeds as may be paid or recovered under the insurance policy relating to the Vehicle shall not reduce or release the Hirer from his liabilities to the Company.

(c) In the event the Vehicle is involved in an accident or a claim is made under the insurance for any reason whatsoever, the Hirer agrees that the Company reserves the right to increase the Excess Amount at its sole and absolute discretion for the Vehicle and any other vehicle(s) leased by the Company to the Hirer under any lease agreement. In addition, the Hirer shall further be liable to the Company for any increase in insurance premiums arising from any claims made to the insurers during the Lease Period.

(d) The insurance policy does NOT cover and will be automatically cancelled for anyone driving under the influence of alcohol, intoxicants, medication or drugs which will affect his or her ability to drive or operate the Vehicle and any other exceptions and restrictions as provided in the insurance policy. The Hirer will be fully responsible and liable for all loss, damages, costs, injury or death relating to the Vehicle and any third party claims.

9. Loss or Damage

(a) The Hirer shall assume on and as from the Commencement Date and until the rental of the Vehicle is terminated and the Vehicle is returned to the Company in accordance with the provisions of the Agreement, the entire risk of loss of or damage to the Vehicle or any part thereof occasioned in any manner or by whomsoever or by any cause whatsoever.

(b) If an incident of loss of or damage to the Vehicle occurs, the Hirer shall reimburse the Company on demand the Insurance Excess. If the Company is notified by the insurer that the user of the Vehicle is wholly or partly at fault for the loss of or damage to the Vehicle, the Hirer shall additionally pay to the Company on demand the Vehicle Damage/Loss Fee. An illustration of the Insurance Excess and Vehicle Damage/Loss Fee in force as at the Commencement Date is set out in the Schedule of fees, which may be modified by the Company at any time.

(c) If any loss of or damage to the Vehicle is not covered under the Company’s insurance policy in respect of the Vehicle or the insurer repudiates liability under such insurance policy as a result of any act or omission by the Hirer in relation to the Vehicle (including the use of the Vehicle for any unlawful purpose), the Hirer shall be personally liable to the Company for the whole of the Loss suffered or incurred by the Company in relation to the Vehicle, including  all associated costs such as legal services engaged and administrative time costs incurred.

(d) In the event of any accident involving the Vehicle, the Hirer shall ensure that the following are observed and complied with:

(i) the vehicle registration numbers of the vehicles involved, the names, addresses and identification card numbers of the parties involved and those of the witnesses to the accident, if any, shall be obtained;

(ii) no fault or liability shall be admitted on the part of the Hirer or any person using the Vehicle;

(iii) the Vehicle shall not be abandoned without ensuring adequate provision has been made for the safeguarding and securing of the Vehicle; and

(iv) the Company shall be notified of the accident within 24 hours of the accident occurring, an accident report shall be made at the Company’s authorised reporting centre and the Company shall be provided assistance in providing all the necessary information pertaining to the accident to the relevant insurer (if required).

(e) The Hirer shall be required to make a police report and forward a copy of the accident report to the Company as soon as possible if the accident involves: a fatality; damage to government property; a foreign vehicle; a pedestrian or cyclist; a hit-and-run case; injury (where at least one person involved in the accident was taken to hospital from the accident scene (whether by an ambulance or otherwise) or any party involved in the accident was injured and obtained outpatient medical leave for three days or more); or theft, any other criminal act and/or a total loss of the Vehicle.

(f) The Company shall not be liable for any loss of or damage to any property stored or left in the Vehicle during the Lease Period.

10. Maintenance and Repair

(a) The Company shall at its own cost provide for maintenance and repairs to the extent of regular servicing as recommended or specified by the manufacturer or distributor of the Vehicle; associated with fair wear and tear; and/or of a defect or breakdown which in the opinion of the Company, is not attributable to any neglect, act, omission or failure to comply with the terms of the Agreement or otherwise on the part of the Hirer. 

(b) You shall pay for any maintenance, servicing, repairs, or replacement of parts caused by your negligence, failure to use the Vehicle for its proper purposes or any other breach of your obligations herein (including  overloading, speeding through humps, bumps, or any other misuse). The Company reserves the right to deduct the costs from the Security Deposit and no replacement vehicle be provided while the Vehicle is in workshop for repairs.

(c) The Company may, from time to time, arrange to have such periodic inspections, routine maintenance, servicing and testing performed on the Vehicle. In order to facilitate the same, you shall deliver up the Vehicle or allow the Vehicle to be collected by the Company for such purposes. 

(d) You shall permit the Company and any person(s) authorised by the Company to enter the car park or the premises at or in which Vehicle is for the time being parked or kept to inspect, test, adjust, repair or replace the Vehicle.

(e) All Maintenance and Repair (whether by the Company or to be borne by the Hirer) shall be carried out at such workshop(s) as may be approved or prescribed by the Company. The Hirer shall not permit any maintenance and repair work to be carried out in relation to the Vehicle by or at any workshop other than such approved workshop(s). The Hirer shall ensure that the Vehicle is brought to an approved workshop at the periodic intervals specified by the Company, or otherwise when required by the Company, for Maintenance and Repair.

For 1st time non-compliance, the following charges will be imposed on you:

(i) 2,000 - 2,999 km S$150.00

(ii) 3,000 - 4,999 km S$350.00

(iii) 5,000 - 7,999 km S$500.00

(iv) 8,000 and above S$900.00

(f) It is your duty to check the radiator water level regularly to prevent overheating and damage to the radiator. You are to ensure proper and regular maintenance of the hydraulic fluid system (brakes), clutch and auto gearbox. You will be responsible for all loss, damages and the full cost and expenses of all repairs for the Vehicle in the event of any accident arising from your non-compliance of this Clause.

(g) You are to exercise prudent and responsible care towards the Vehicle to minimise the effects of wear and tear which are expected to last more than one year on the following: 

(i) clutch 

(ii) brakes pads & shoes 

(iii) tyres 

(iv) aircon filter & air-con compressor 

(These are items that have a replacement life expectancy of approximately 2 years.)

(h) You agree that during the Lease Period, the Company is only obliged to replace one set of fully worn out tyres for the Vehicle for each year starting from Commencement Date. The Company will procure and install the tyres at its designated workshop. Any additional tyres purchased or installed shall be at the Hirer’s own cost.

(i) A replacement vehicle of similar make and model (“Replacement Vehicle”) will be provided to you only if the Vehicle is not available for your use for more than 12 hours. The Replacement Vehicle is strictly subject to availability, and shall be solely for your use (subject to the terms and conditions herein as if the Replacement Vehicle is the Vehicle). You shall return the Replacement Vehicle immediately upon notification by the Company to you that the Vehicle is ready for your collection.

11. Defects of the Vehicle

The Company shall not in any way be liable in contract or tort or otherwise for any loss, damage, injury or death to you or any other person by reason of manufacturing or other defect in the Vehicle whether such defect be latent or apparent on examination and the Company shall be liable for any claim made against you by a third party for such loss, damage, injury or death.

12. Consequential Losses

The Company shall not be liable nor responsible for any consequential loss or damage due to or arising from any accident, breakdown or stoppage of the Vehicle arising from any cause whatsoever whether during loading, unloading and transportation of the Vehicle or otherwise.

13. Indemnity

You shall hold the Company harmless and indemnify the Company against all claims, actions, suits, proceedings, costs, expenses damages and liabilities (including legal costs on an indemnity basis) arising out of, connected with or resulting from this Agreement and the Vehicle, including but not limited to the possession, presence, use, operation, repossession or return of the Vehicle and enforcement of the terms of this Agreement.

14. Termination of Lease

(a) Subject to the provisions of Clause 20 of this Agreement, you may at any time before the expiry of the Lease Period, terminate this Agreement by giving the Company not less than one month’s notice in writing to that effect.

(b) The notice given under Clause 20 shall be accompanied by payment in full (without deduction, set off, counterclaim or withholding) of such sum as shall be equivalent to:

(i) All arrears of the Lease Charges, late payment charges and other sums accrued due and unpaid at the date of termination;

(iii) The costs of all repairs and reinstatement required to be done to the Vehicle to put it in a condition in which the Vehicle was first obtained by you under this Agreement.

(c) In addition, if the rental of the Vehicle is terminated for any reason (whether by the Company or by the Hirer) before the expiry of the Lease Period, the Hirer shall pay the Company liquidated damages as follows:

(i) If the period from the date the lease of the Vehicle is terminated up to the expiry of the Lease Period (“Outstanding Period”) is 2 months or less, the liquidated damages shall be a sum equal to the total Lease Charges which would have applied during the Outstanding Period.

(ii) If the Outstanding Period exceeds 2 months, the liquidated damages shall be a sum equal to 80% x “a” x Lease Charges, where “a” is the number of months in the Outstanding Period (rounded to the 2 decimal place).

(d) The Company may on any breach by you of any of the provisions of the Agreement terminate this Agreement with seven (7) days written notice to you and on such termination, this Agreement and the lease constituted by this Agreement shall determine and you shall no longer be in possession of the Vehicle with the Company’s consent.

(e) Any Lease Payment paid by the Hirer to the Company in respect of any period shall not be apportioned notwithstanding that the rental of the Vehicle may be terminated for any reason whatsoever before the last day of such period. The Hirer shall not be entitled to a refund of any portion of any such Lease Payment paid to the Company.

15. Automatic Termination

Notwithstanding any other provision in the Agreement, the Company may immediately terminate the lease of the Vehicle at any time upon the occurrence or threatened occurrence of any of the following events by written notice to the Hirer:

(a) the Hirer shall default in payment of any of the Lease Charges or other monies payable hereunder;

(b) the Hirer has made any representation or warranty to the Company in connection with this Agreement which is unfair or untrue incomplete or if any such representation or warranty shall be breached or proven to be incorrect or incomplete in any material aspect;

(c) the Hirer or Guarantor is or shall be convicted of any offence involving fraud or dishonesty;

(d) in the case of the Hirer or Guarantor being a company or a corporation, if there is any change (which the Company considers material in its sole and absolute discretion) in the composition of the shareholders of or control of the Hirer or Guarantor shall have taken place without the prior consent of the Company;

(e) in the case of the Hirer or Guarantor being a partnership or an LLP, the dissolution of the Hirer or Guarantor, or the bankruptcy, death, resignation, withdrawal or insolvency of any of the partners of the Hirer or Guarantor;

(f) where any indebtedness of the Hirer or Guarantor under any other contract or agreement becomes due and payable before its stated maturity;

(g) the Hirer or Guarantor shall do or threaten to do any act, which in the opinion of the Company may prejudice or jeopardise the Company’s property or right in the Vehicle;

(h) if the Hirer or Guarantor takes any action or step for bankruptcy or voluntary arrangement in any jurisdiction, or any proceedings for bankruptcy is commenced or threatened against the Hirer or Guarantor;

(i) if the Hirer or Guarantor stops, suspends, threatens to stop or suspend their indebtedness, proposes to make general assignment or arrangement or composition with or for the benefit of their creditors or a moratorium is agreed or declared in respect of or affected the indebtedness;

(j) if the Hirer or Guarantor shall be unable or presumed unable to pay debts as they fall due under the Bankruptcy Act (Cap. 20) or Companies Act (Cap. 50) (as the case may be), or if the Hirer or Guarantor being a company, proceedings for judicial management, or winding up (whether voluntarily or otherwise) are commenced or threatened against it or resolutions for the same are passed;

(k) if the Hirer or Guarantor shall permit any court judgement or order in any jurisdiction or any arbitral award against the Hirer to remain unsatisfied for more than 7 days;

(l) any execution is levied or threatened upon or against any of the Hirer’s or Guarantor’s property or if any application is made under the Distress Act (Cap. 84) or any statutory modification thereof or any other statutory provision for the issue of a writ to distress against the Hirer with respect to the Vehicle or any part thereof or with respect to any other property of the Hirer or Guarantor or if any distress shall be levied or threatened against the Vehicle or against any property of the Hirer or Guarantor;

(m) if the Hirer shall abandon the Vehicle or do or suffer to be done any act or thing whereby the Company's rights hereunder or rights or property to the Vehicle shall or may be prejudiced or jeopardised;

(n) if the Hirer shall use or permit the Vehicle to be used in breach of the terms of the motor insurance policy;

(o) if the Vehicle is removed or concealed, or caused or permitted to be removed or concealed by the Hirer;

(p) if the Hirer or Guarantor commits any breach or default under any other agreement between the Company and the Hirer or Guarantor (as the case may be);

(q) if the Vehicle is lost or damaged beyond repair;

(r) if the Hirer or the Guarantor dies or is declared by a Court of competent jurisdiction to be mentally unsound or otherwise in capable of handling his and/or their affairs;

(s) if the Hirer or any other person authorised by the Hirer to drive the vehicle is or become subject to a disqualification from holding or obtaining a driving licence under the Road Traffic Act (Cap. 276) or any other relevant statutory provision;

(t) if the Vehicle is used in the commission of any offence or contrary to any law;

(u) if the Vehicle is seized, confiscated, or forfeited by the Court or any government body;

(v) if any suit, proceedings or action of any kind whatsoever including but not limited to litigation, enforcement, arbitration, administrative, criminal, bankruptcy and/or winding up proceedings shall be commenced, threatened or continued against the Hirer or the Guarantor;

(w) any event occurs which, under the law of any relevant jurisdiction, has an analogous or similar effect to any of the events hereinabove;

(x) any of the foregoing events or analogous events or proceedings occur in relation to any Guarantor; or

(y) any of the foregoing events or analogous events or proceedings occur in any other jurisdiction;

16. Your Liability on Termination

Upon the termination of this Agreement under Clauses 14 or 15, the Company shall be entitled to forfeit the Deposit without notice to you as compensation for your breach.

17. Return of the Vehicle

Upon the termination of the rental of the Vehicle pursuant to any of the provisions of the Agreement, the Hirer shall:

(a) cease to be in possession of the Vehicle with the consent of the Company; and

(b) immediately return the Vehicle at the Hirer’s own costs to such address as the Company may notify the Hirer.

(c) the Vehicle, together with all tyres, tools, accessories and equipment, must be returned to the Company promptly and in as good condition and working order as at the Commencement Date (fair wear and tear only excepted) together with a full tank of fuel.

(d) upon the return of the Vehicle or the repossession of the Vehicle (as the case may be):

(e) the Company shall not be liable for the loss of any property (including any cash, valuable items or articles of importance) which may be left in the Vehicle;

(f) the Company has the right to dispose of any such property left in the Vehicle in such manner as the Company may deem fit at the Hirer’s costs after 3 days from the date on which the Vehicle is returned or repossessed without incurring any liability to the Hirer; and

(g) the Company may (but is not obliged to) retain possession of any property found in the Vehicle pending settlement in full by the Hirer of any and all sums due to the Company.

18. Repossession of the Vehicle

(a) In the event that the Hirer fails to return the Vehicle to the Company when the Hirer is required to do so under the terms of the Agreement:

(i) the Company or its agents may immediately without notice retake possession of the Vehicle and may for that purpose enter upon any land or buildings on or in which the Vehicle is or is believed by the Company or its agents to be located, and the Company shall not be liable for any loss or damage to any land, building or other property (whether belonging to the Hirer or any other person) thereby caused; and

(ii) the Hirer shall pay to the Company on demand an amount equal to the Lease Charges, or such other rate for the rental of the Vehicle as the Company may in its absolute discretion deem fit, for the number of hours elapsing between the termination of the rental of the Vehicle and the time that the Vehicle is returned to or repossessed by the Company (as the case may be).

(b) Without prejudice to Clause 18(a)(ii), in the event that the Company retakes possession of the Vehicle, the Hirer shall pay to the Company on demand:

(i) if the Vehicle is repossessed in Singapore, a repossession fee in such amount as the Company may determine; or

(ii) if the Vehicle is repossessed outside of Singapore, all costs and expenses incurred by the Company in connection with the demand, tracing and repossession of the Vehicle (including the cost of changing the locks of the Vehicle).

19. Authorization and Consent

(a) The Hirer consents to and (where relevant) shall procure that all relevant individuals whose personal data has been disclosed to the Company by or through the Hirer (collectively “Relevant Individuals”) consent to agents and advisers collecting, sing or disclosing such information relating to the individuals, including details of its accounts to the following persons wherever situated (whether in Singapore or elsewhere) to the extent that the information is personal data, in connection with the purposes set out in the Company’s Data Protection Policy (available on request), or as is otherwise required or permitted in accordance with applicable law:

(i) the Company’s head office and any of its branches, representative offices, subsidiaries, related corporations and affiliates; 

(ii) any court, government and regulatory agency or authority such as the Land Transport Authority;

(iii) any actual or potential assignee or transferee of, or participant or sub-participant in, any of the Company’s rights or obligations herein (or any of their agents or professional advisers);

(iv) any auditor of the Hirer or the Hirer, and the Hirer shall pay all costs, charges, fees and other out-of-pocket expenses, whether legal or otherwise in respect of such disclosure;

(v) any person providing security or credit support for the Hirer’s obligations including any guarantors;

(vi) any credit bureau or credit reference or evaluation agency and any member or subscriber of such credit bureau or agency, including but not limited to the Credit Bureau (Singapore) Pte Ltd;

(vii) any insurer, reinsurer and insurance broker;

(viii) any service provider or any other related person(s) including third party service providers, sales and telemarketing agencies business partners or otherwise under conditions of confidentiality imposed on such service providers, for the purposes of data processing or providing any service on behalf of the Company to the Hirer or the Hirer or in connection with such outsourcing arrangements the Company may have with any third party where the Company has outsourced certain functions to the third party;

(ix) any solicitor, repossession agent, storage yard or facility, or any other third party acting for the Company in connection in their enforcement of the Company’s rights and remedies under this Agreement;

(x) any debt collection agency or person engaged by the Company to collect any sums of money owing to the Company from the Hirer;

(xi) the Hirer’s or Hirer’s agent, executor or administrator, receiver, receiver and manager, judicial manager and any person in connection with any compromise or arrangement or any insolvency proceeding relating to the Hirer or the Hirer as the case may be;

(xii) any of the Hirer’s or the Hirer’s director (in the case of a company) or partner (in the case of a partnership, limited partnership or limited liability partnership) and authorised signatory; and

(xiii) to the extent the information is personal data, to the persons identified in the Company’s Data Protection Policy; and 

(xiv) any other person to whom disclosure is permitted or required by law.

(b) This clause is not and shall not be deemed to constitute, an express or implied agreement by the Company with the Hirer for a higher degree of confidentiality than that prescribed under any applicable law. The consent and the Company’s right under this clause are in addition and are not affected by any other agreement with the Hirer and shall survive the termination of this Agreement and/or the termination of any relationship between the Company and the Hirer.

(c) If any Relevant Individual should withdraw his consent to any or all use of his personal data, such withdrawal shall constitute a repudiatory breach of the Hirer’s obligations under this Agreement, and the Company may, upon notice to the Hirer, terminate this Agreement without prejudice to the Company’s other rights and remedies at law against the Hirer. 

(d) To the extent that the Relevant Individuals are providing their personal data to the Company through the Hirer in connection with the Agreement, the Hirer acknowledges and agrees that he is responsible for ensuring that each Relevant Individual consents to the collection, use, disclosure and/or processing of their personal data by the Company and the Company’s authorised service providers for purposes set out in the Company’s Data Protection Policy, which the Company may update from time to time. The Hirer shall furnish each Relevant Individual with a copy of the terms that apply to this Agreement and the aforesaid Data Protection Policy.

(e) The Hirer acknowledges and agrees that overseas service providers may be required by law to disclose information received from the Company to third parties, such circumstances include the service provider being compelled to disclose information pursuant to a court order, police investigations and criminal prosecutions for tax evasion or other offences.

(f) The Hirer acknowledges and agrees that the Company does not warrant the security of any information sent or transmitted to the Hirer whether electronically or otherwise and the Hirer hereby accepts the risk that any information sent or transmitted to the Hirer may be accessed by unauthorised third parties. To the extent permitted by law, the Hirer shall not hold the Company or any of its officers, employees or agents responsible or liable for any such access or disclosure or for any damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by the Hirer as a result of such access or disclosure.

20. Notice

All notice or other communication to be given under this Agreement shall be in writing. Any notice required or permitted to be given to you under this Agreement shall be validly given if sent by prepaid ordinary post to you at the address in the Schedule or to any business or your last known address and shall, sent by post, be conclusively deemed to have been received by you on the next day after the date of posting.

21. Assignment

(a) This Agreement shall be binding on and shall ensure for the benefit of each of the Parties and their respective successor-title and permitted assigns. The Hirer may not assign his rights without the Company’s prior written consent.

(b) The Company shall be entitled to assign or otherwise deal with all or any of the rights under this Agreement and any assignment of this Agreement by the Company shall be deemed to include an assignment of all rights to enter and/or repossess and the Company shall be entitled to sell, transfer, mortgage, charge or encumber or otherwise dispose of the Vehicle subject to this Agreement.

22. Indulgence and Waiver

(a) No failure on the part of each Party to exercise, and no delay on its part in exercising, any rights or remedies under this Agreement and no course of dealing between Parties shall be construed or operate as a waiver thereof, nor will any single or partial exercise of any rights or remedies preclude any other or further exercise thereof or the exercise of any other rights or remedies. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).

(b) Any provision or breach of any provision of this Agreement may be waived only if the relevant Party so agrees in writing. Any waiver or consent given by the relevant Party under any provision of this Deed must also be in writing. Any such waiver or consent may be given subject to any conditions thought fit by that Party and shall be effective only in the instance and for the purpose for which it is given.

(c) Any liability to any Party under this Agreement may in whole or in part be released, compounded or compromised, or time or divulgence given, by a party in its absolute discretion as regard the other party without in any way prejudicing or affecting its rights against the other Party under the same or alike liability.

23. Time of Essence

Any date, time or period mentioned in any provision of the Agreement may be extended by mutual agreement between the Parties but as regards any time, date or period originally fixed and not extended, or any time, date or period so extended as aforesaid, time shall be of the essence.

24. Certificate

Any demand, notification or certificate given by any of the authorised officers of the Company specifying amounts due and payable under or in connection with any of the provisions of this Agreement shall, in the absence of manifest error, be final, conclusive and binding on the Hirer.

25. Force majeure 

The Company will use all reasonable endeavours to discharge the Company’s obligations under this Leasing Agreement in a prompt and efficient manner. Notwithstanding the foregoing, the Company shall not be liable in any manner whatsoever for any failure or delay caused by circumstances beyond the Company’s control.

26. Rights of Third Parties

A person who is not a party to this Agreement shall have no rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act (Cap. 53B).

27. Entire Agreement

(a) The Agreement supersedes and cancels all previous agreements, warranties and undertakings whether oral or written, express or implied, given or made by or between the Parties, and constitutes the entire agreement between the Parties with respect to the matters set out in the Agreement.

(b) The Hirer has entered into the Agreement on its own judgement and not in reliance upon any representations, warranties or statements made or purported to be made by the Owner (other than expressly set out in the Agreement). Nothing in this Clause 27 shall however operate to limit or exclude liability for fraud.

28. Illegality and Severability

In case any provision in this Agreement shall be, or at any time shall become invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provision of this Agreement but this Agreement shall be contrasted as if such invalid or illegal or unenforceable provision had never been contained herein.

29. Amendments

The Owner may in its sole discretion amend or revise any term of the Agreement at any time by giving the Hirer at least seven days’ prior written notice of such amendment or revision. Any amendment or revision so given shall be binding on the Hirer as from the date specified in such written notice.

30. Governing Law and Jurisdiction

The Agreement shall be governed by, and construed in accordance with, the laws of Singapore. The Parties hereby submit to the exclusive jurisdiction of the courts of Singapore with respect to any and all matters and disputes relating to or arising out of the Agreement.

31. Definitions and interpretation

In this Agreement unless the context otherwise requires:

(a) “The Vehicle” shall include all tyres, tools, additions, equipment and accessories thereto, and all replacements and renewals thereof, whether made before or after the date of this Agreement;

(b) The captions to the clauses of this Agreement are for reference only and not an aid in the interpretation of the provisions of this Agreement;

(c) Words importing the singular number shall include the plural number and vice versa;

(d) Words importing only one gender shall include the other gender;

(e) “Person” and “Party” shall include any company, association, or body of persons, incorporated or unincorporated;

(f) “Parties” means the parties to this Agreement and “Party” means any of them;

(g) “Business Day” means any day other than a Saturday, Sunday or a gazetted public holiday;

(h) The expression “the lease” shall mean the lease created or effected under this Agreement; and

(i) If there is more than one hirer of the Vehicle named in this Agreement, all of such persons shall be jointly and severally liable for all obligations and undertakings of the Hirer of the Vehicle in this Agreement.