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Vietnam real estate & car
rental > vietnam car rental
> car hire contract CAR HIRE CONTRACT
Car owner: Mr. Address : ID Card No. : Telephone : Hereinafter called “Party A”
Tenant: Mr. …………………….. Company : ………………… Add : ……………………………, Hochiminh, VN Passpord No.: ……………… Nationality : ……………………… Hereinafter called “Party B”.
Two parties have agreed to carry out the following conditions and terms:
Article 1: The renting car The party A agrees hereby lets and the party B hereby takes the car: 1. Model: 2006, ............ color, car number: …………………… 2. Driver’s name: Mr………………. Mobile phone: ……………….
Article 2: Term of lease a. Term of lease: The car shall be rented commencing on…………. and expiring on ........ b. Purpose of use: For using of the Party B and his/ her family or The Party B’s company (if The Party B is a company).
Article 3: Car rental 1. The total car rental is US$ ... / month/ 26days (from Monday to Saturday), (Says: ..... US Dollars only per month, 26days). a. Except Sunday, Tet holidays (30, 1, 2 and 3 in Lunar New Year, lunar calendar) and Public holidays (01/01, 30/04, 01/ 05 and 02/ 09) and 10/3 in lunar calendar. In case, Tet and/or Public holidays are on Sunday(s), the driver will be off in lieu of that day on next day as stated by the Government. b. The above price shall be fixed during the time of lease. c. The above price is exclusive toll and Financial Invoice.
2. The rental includes gas, fuel, oil, driver’s salary and car maintenance.
3. Limited distance: 2,000km/month/26days (Two thousand kilometers per month). In case of excess km, Party B has to pay to Party A at the rate: US$0.30/km (thirty cent US dollars per kilometer).
4. Working time from 7:30AM to 5:30PM. Out of this range Party B has to pay to Party A at US$3/hour (Three US dollars per hour) basing The signed worksheet. This charge will be calculated and added to the monthly car rental “invoice” to send to Party B.
5. If Party B uses the car on Sundays and Public Holidays as stated (article 3.1.a), the Party B has to inform to the Party A and the driver at least 01-day in advance and pay the “over time” for the Party A as follows (the driver will give the Party B the “worksheet” for signing on every working day): a. Using the car equal or less than 04-hours: 25US$ (not later than 6pm) b. Using the car more than 04-hours: 45US$/day/10hours (not later than 6pm) c. Tip for driver if staying over night (using car until 11pm): 10US$/night. d. All night time parking fees (if any), in case the Party B uses the car for long trips, shall be paid by the Party B directly or has to return to the Party A (if the driver pays) this amount when paying the car rental.
The Party B will pay all these fees when receiving the “invoice” from the Party A in beginning of each month.
Article 4: Payment 1. The rental will be paid in cash or bank transfer and in US Dollars or VND according to exchange rate of Vietcombank at the time of payment.
2. The “overtime” fee of the month shall be calculated and added to the next month prior car rental based on the “worksheet”. This overtime fee and prior car rental shall be sent to Party B one time within first 05-working days of each month, called “Invoice”.
3. The party B will pay to the party A, monthly car rental in advance and “overtime fee” of the previous month, within first 05-working days of each month or 05-working days after receiving the payment request (“invoice”) from the party A.
4. The Security Deposit: The Lessee will pay to the Lessor, ………………… US Dollars only (USD…………..) for Security Deposit, right after signing this contract. The deposit shall be reimbursed in the same currency (which the Lessee paid) from the Lessor to the Lessee within 30-days after the contract expires. And the Lessee, in this time, has to pay completely all invoices that issued by the Lessor.
Article 5: Responsibilities of party A 1. To guarantee the full and separated use of the car by the party B.
2. To promptly repair in time all the damage in the renting car as requested by the party B or when it is out of order (except the damage caused by party B).
3. In case of repair or maintenance needed, Party A has to give 03-days written prior to the Party B and Party B should advise convenient date and time for this maintenance. If the Party B hinders the repair or maintenance of the car, thus endangering the safety of the rental car, then the Party B must bear the cost arising from the consequences and/or be responsible for any accident.
4. To be maintenance the renting car properly & safely during the time of lease. To buy the insurance for the renting car as stated by law. In case there is any accident, the insurance company will be in charge of this as stated.
5. To be responsible for pay driver’s salary, gas, fuel and oils during the time of the lease.
6. To provide a driver, who has the driving license as stated by the Law in Vietnam, knowing the streets in the city and able to understand and speak a little English. 7. If for any reason, the said driver is unavailable to drive or continue his job, Party A will replace the said driver by another driver – who can satisfy the condition as stated at Article 5.6, but the Party A has to inform the Party B at least 01-day prior notice.
8. When receiving complaints from the Party B on the driver’s work attitude, the Party A promptly adjusts the driver. 8.1 Step 1: Within 7-working days (after receiving the notice from the Party B), if the driver still doesn’t change his attitude, Party B can reserve right to ask the Party A to replace a new driver.
8.2 Step 2: Within next 10-days (from the deadline of step 1), Party A will provide to Party B one to two drivers for trial (this procedure is not more than two times) and Party B will take one of them.
8.3 Step 3: Within next 10-days (from the deadline of step 2), if the Party B still doesn’t like any driver that supplied by the Party A, then both parties will come back to step 2, except there is another agreement.
Article 6: Responsibilities of party B 1. To pay the rent on time. If the payment is delayed over 15 days from the stated payment above, the Party A can reserves the right to terminate the Lease without any compensation by sending a one (01) days-prior written notice to the party B. In this case, the party B has to pay the full month rent to the Party A for this lease period and to pay one month rent for penalty.
2. To use the car for the right purpose as specified. Not using the renting car for illegal purposes. Any repairs and renovations which are needed to satisfy its own requirements must be subject to the consent of the car owner.
3. If the Party B wants to use the car out of the HCM city, the Party B must inform the Party A, 24hours (or one day) notice in advance (through the driver). The Party B has to cover for the driver’s accommodation (if staying over night) during the time of the trip. a. If this trip is taken on the normal working days, the “over time” charge shall be applied as stated at article 3.4. In case, Party B uses the car over night (using car until 11pm), Party B has to pay for the driver 10US$/night b. If the trip is taken on the Sundays or Public Holidays as stated at article 3.1.a in this contract, the “over time” charge shall be applied as stated at article 3.5. and the Party B has to inform the Party B and the driver at least 01-day in advance.
The Party B will pay all these fees when receiving the “invoice” from the Party A in beginning of each month.
4. To be responsible for all its own personal property and effects. 5. Party B will return on all the cost of past – ticket, parking fees, ferries, toll, etc, … in the beginning of each month, when the party A issues the invoice (or the party B can pay itself when passing ferries, tolls, etc, …).
6. To tell the Party A (by fax, email or written letter) if there is any complaint about the driver’s work attitude.
Article 7: General terms 1. This lease contract shall be properly implemented upon execution by both parties. If there arises any dispute, or either party breaches this contract, both parties will sort out the problem amicably. If either party is not satisfied with the result of this settlement. The matter shall be brought to the HCM city Court for judgment.
2. In case, if the Vietnamese government enacts any new law or regulation on the car leasing; Two parties will adjust the related terms and conditions to make them in line the new law or regulation.
The contract is made in 02 copies in Vietnamese and 02 copies in English with equal validity. Each party keeps one copy in each language. The contract is valid from the date of signing.
Vietnam, Hochiminh city ………………….. 2007 PARTY B PARTY A
Chao car rental Hotline: 0908316860 (Thao) - 0913804550 (Hugh) |
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