Bike Hire

Recitals:

R1. The owner is the proprietor of the bike listed in the schedule to this Agreement (“schedule”).

R2. The borrower will borrow the bike specific in the schedule from the owner upon the terms and conditions in this Agreement.

Operative Part:

1. Use of Bike
   • The borrowing of the bike will commence from the commencement date specified in the schedule and continue for the term specified in the schedule.
   • The borrower is entitled to use the bike for the borrow period and for any agreed extension of the period.
   • The borrower agrees to return the bike to the pickup location on or before the end of the borrow period as outlined in the schedule.

2. Payment for Borrow of the Bike
   • No fee is chargeable for the borrowing of the NTC bike and no security deposit is payable.

3. Use, Operation and Maintenance
   • The borrower agrees that the use of the bike carries with it dangers and risks of injury and the borrower agrees to accept all dangers and risks.
   • The bike shall not be used by anyone other than the borrower without the expressed permission of the owner.
   • The borrower agrees to operate, maintain and store the bike to ensure the condition of the bike is the same at the end of the borrow period as the condition at the start of the borrow period.
   • On return of the bike to the pickup location, a small fee will be payable to service the bike to return it to the same condition as at the beginning of the borrow period.

4. Borrower Warranties
   • The borrower warrants that the bike will be used with conditions outlined in the schedule.
   • The borrower warrants that the bike will not be used for any illegal purposes.
   • The borrower will not modify or permit any modification of the bike in any way.
   • The borrower will comply with all road rules.

5. Indemnity
   • To the full extent permitted by law the borrower releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent on the use or misuse of the bike during the borrowing period.

6. Loss, Damage or Breakdown of the Bike
   • The borrower will be responsible for any loss or damage to the bike irrespective of how the loss or damage occurred (fair wear and tear expected) during the borrowing period.
   • If there is a breakdown or failure of the bike then the borrower shall return the bike to the owner and the borrower shall not attempt to repair the bike.

7. Insurance
   • No insurance is provided by NTC or CFN on the bike.

8. Liability
   • The borrower will assume all risks and liabilities for and in respect of the bike and for all injuries to or deaths of persons and any damage to property howsoever arising from the borrower’s possession, use, maintenance, repair or storage of the bike.

9. Title to Bike
   • The borrower acknowledges that the owner retains title to the bike and that the borrower has rights to use the bike.
   • The borrower agrees not to agree, offer or purport to sell, assign, lend, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the bike and not to conceal or alter the goods or make any additional or alteration to, or repair of, the bike.

10. Repossession
    • The owner may retake possession of the bike if the borrower breaches any provision of this agreement, notwithstanding anything else herein contained.

11. Completion of the Borrow Period
    • The borrow period is completed when the bike has been returned to the owner in the same condition as when it was hired, and on or by the date and time outlined in the schedule.

12. Governing Law
    • This agreement is governed by the laws of NSW. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning the Agreement.