CAR HIRE CONTRACT

Car owner:    …………………

Company    :  …………..

Address    :  ……………

Telephone    : (84-8) 38279 233 – 35000 720

Hotline    : 0908316860 (Thảo) – 0919691912 (Jen)

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Website    : http://www.CHAOcom.com

Hereinafter called “Party A”

Tenant:    ………………

Address    : ……………. ………, VN.

Tel        : (84-8) ………………. Fax: (84-8): …………

Email        : …………………..

Occupation/Position: ………….

Company    : ……………

Company address: …………………

Tel        : (84-8) ………………. Fax: (84-8): …………

Email        : …………………..

Passport No..    : …………………….   

Nationality    :  ……….

If individual signs, please provide copy of your house lease contract

Hereinafter called “Party B”

Two parties have agreed the following terms & conditions of car rental, as follows:

ARTICLE 1:  THE HIRING CAR

The party A agrees hereby lets and Party B hereby takes the car:

1.    Car’s band: Toyota Innova, 8-seats including driver. The car number and color are subject to change by Party A but it must be same brand and same model.

2.    Driver’s name: Detail, shall be supplied with 3-days before the date of commencement. It is subject to change by Party A but with at least one day prior notice to Party B

ARTICLE 2:  TERM OF CONTRACT

1.    Term of contract: The car shall be rented commencing on …………………and expiring on .............

2.    Purpose of use: For using of Party B’s transport (for person only and maximum 8 persons in the car one time, including driver). Party B shall responsible for its own business which stated on its business license granted by Vietnamese government. Party B shall not use the car for illegal purpose and/or for other purposes that are not stated on this contract.

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 Sundays, Tet holidays (30, 1, 2 and 3 in Lunar New Year, lunar calendar) and Public holidays (01/01, 30/04, 01/05, 02/09 in solar calendar and 10/3 in lunar calendar) as stated by Labour Code in Vietnam. The Holidays are subject to be adjusted by government, national assembly, etc. If there is any change, this article shall be adjusted accordingly to the law and/ or new law. 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)    Petrol/fuel rate at the time of sign this contract is: …………VND/liter (A92 or similar standard)

c)    The rental price and/or other terms and conditions are subject to negotiate/change if the petrol/fuel rate increases/decreases from 2,000VND/liter or more. If two parties fail to agree new rental price, the car hire contract can be terminated without penalty, by giving 15-day prior writing notice from one party to another party.

d)    The above price is exclusive of tax, toll fees, parking fees, tickets and/ or others.

2.    The rental includes fuel/petrol, driver’s salary and car maintenance.

3.    Limited distance: 1200km/month/26days (One thousand and two hundred kilometers per month per twenty-six days). In case of excess km, Party B has to pay to Party A at the rate: 0.50US$/km (Fifty cent US dollars per kilometer). The driver will write/read the starting/ending km on the “worksheet” every day at the Party B’s garage in Hochiminh city (if the Party B doesn’t finish its working day at its garage or back to its garage after work, Party B has to add the extra time and km which goes back to its garage).

4.    Working time from 7:30AM to 5:30PM (including lunch time and personal time rest for driver). The overtime charges for “normal working days” (except Sundays and Public Holidays, Tet), will be applied as follows:

a)    Out of this range (using the car before 7:30AM and/or after 5:30PM), Party B has to pay to Party A, the overtime charge is 3US$/hour.

b)    Using the car before 6am and/or after 11pm, the overtime charge shall be 4$/hour.

c)    Besides the normal overtime charges that stated above, if Party B uses the car after 11pm, Party B has to pay extra 10US$/night.

Party B will pay all these fees when receiving the “invoice” from the Party A in beginning of each stated payment.

5.    If Party B uses the car on Sundays and Public Holidays as stated (article 3.1.a, except Tet holidays), Party B has to inform to the Party A and the driver at least 01-day in advance and pays the “overtime” charge and other charges as follows:

a)    Using the car equal or less than 10hours: 55US$/day/100km/10hours (not before 8am and/or not after 6pm).

b)    Using the car before 8am and/or after 6pm, the overtime charge shall be 4US$/hour.

c)    Using the car before 6am and/or after 11pm, the overtime charge shall be 5US$/hour.

d)    In case of excess km, rate is 0.50US$/km

e)    Besides the normal overtime charges that stated at article 3.5a, 3.5b, 3.5c and 3.5d, if Party B uses the car after 11pm, Party B has to pay extra 10US$/night.

Party B will pay all these fees when receiving the “invoice” from the Party A in beginning of each stated payment.

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 selling at Vietcombank at the time of payment.

2.    The “overtime” charges of the month shall be computed and added to the next month prior car rental based on the “worksheet”. This overtime charges and prior car rental shall be sent to Party B one time within first 05-working days of each month, called “Invoice”.

3.    The Security Deposit: Party B will pay to Party A, One thousand one hundred fifty US Dollars only (USD1,100) for Security Deposit, right after signing this contract. The deposit shall be reimbursed in the same currency (which the Party B paid) from Party A to Party B within 10-days after the contract terminated as the cases of Termination clauses that stated at article 7.3 of this contract.

4.    Party B will pay to the party A, monthly car rental in advance and “overtime charge” of the previous month, within first 07-working days of each stated payment.

ARTICLE 5:  RIGHTS AND RESPONSIBILITIES OF PARTY A

1.    To promptly repair in time all the damage in the renting car as requested by Party B or when it is out of order (except the damage caused by Party B). If the car for any reason is not capable of being used to the purpose of this contract, Party A can replace the car by offering another car of similar standard to Party B at no additional cost.

2.    In case of periodic repair or maintenance needed, Party A has to give 01-day written prior to Party B and Party B should advise convenient date and time for this maintenance (except unforeseen circumtances, emergency, such as: accident, etc, Party A will let Party B know within 12-hours after that).

a)    If Party B hinders the repair or maintenance of the car, thus endangering the safety of the rental car, then Party B must bear the cost arising from the consequences and/or be responsible for any accident.

b)    In case the above period of maintenance is not enough or in cases of unforeseen circumtances/emergency/accident or the car is seriourly damaged, etc, Party A can supply to Party B another car of similar standard. Rental fee shall be applied as same as it stated on this contract. If Party A doesn't have any another car to supply to Party B in this period, the car rental shall be deducted for this un-used period. However, if maintenance period is prolonged more than 10-days and Party A can not supply another similar standard car to Party B, Party B can give 01-day prior written notice to the Party A for early termination without penalty. In this case, Party A has to reimburse the un-used portion of advance car rental to Party B, except there is any another agreement by both parties.

3.    To be maintenance the renting car properly & safely during the time of the contract. 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 as stated.

4.    To be responsible for pay driver’s salary and petrol/fuel during the time of the contract.

5.    To provide a driver, who has the driving license as stated by the Law in Vietnam, and able to understand and speak simple English.

6.    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 5.5, but the Party A has to inform Party B at least 01-day prior notice.

7.    Party A’s driver has right to refuse to carry goods in and on the car or to violate the Traffic Laws (such as: stopping/parking at places that don’t allow stopping/parking or to drive into no admittable streets, etc).

8.    When receiving complaints from Party B on the driver’s work attitude, the Party A promptly adjusts the driver.

9.    Steps to adjust the driver and/or replace another driver:

a)    Step 1: Within 7-working days (after receiving the notice from Party B), if the driver still doesn’t change his attitude (as informed by Party B), Party B can reserve the right to ask the Party A to replace a new driver.

b)    Step 2: Within next 10-days (from the deadline of step 1), Party A will provide to Party B one to two drivers that can match the conditions as stated at article 5.5 for trial (this suply is not more than two times) and Party B will take one of them.

c)    Step 3: Within next 10-days (from the deadline of step 2), if 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:  RIGHTS AND RESPONSIBILITIES OF PARTY B

1.    To pay the rent on time. If the payment is delayed over 10-days from the stated payment above, the Party A reserves the right to terminate the contract and takes the car back without any compensation by sending a one (01) day-prior written notice to Party B. In this case, Party B has to pay the the full missing/remaining month rent to the Party A and to pay three month rent for penalty to Party A.

2.    To use the car for the right purpose as specified. Not using the renting car for illegal purposes or sublet it. Any repairs and renovations which are needed to satisfy its own requirements must be subject to the consent of the Party A. If Party B uses the car for illegal purposes or sublet it, the contract shall be automatically terminated. In this case, Party B has to pay the full missing/remaining month rent to the Party A and to pay three month rent for penalty to Party A. Party B shall be in charge of its violations as stated by law.

3.    If Party B wants to use the car out of the HCM city, Party B must inform the Party A, 24hours (or one day) notice in advance. Party B has to pay 10USD/day and to cover for the driver’s accommodation and his meals/drinks during the time of the trip (if the trip is over 200km, both going and returning). Besides:

a)    If the trip is taken on the “normal working days”, the “over time” charge shall be applied/ copmputed as stated at article 3.4.

b)    If the trip is taken on the Sundays or Public Holidays as stated at article 3.1.a (except Tet holidays), the “over time” charge shall be applied/computed as stated at article 3.5.

Party B will pay all these fees when receiving the “invoice” from the Party A in beginning of each stated payment.

4.    To be responsible for all its own personal property and effects.

5.    Party B will pay all the cost of past-tickets, parking fees, ferries, tolls, etc, or Party B returns these fees to Party A (if the driver pays in front) when Party A issues invoice in beginning of each stated payment, during the time of the contract.

6.    To tell the Party A (by fax, email or written letter) if there is any complaint about the driver’s work attitude.

7.    Not to be entitled to transfer this contract contract or to sublet the car to other tenants without the Party A’s prior written approval.

8.    The car will be parked at Party B’s garage and Party B shall be responsible for the car during this time. In case, Party B changes the garage, Party B has to inform Party A at least 03-days in writing in advance on the new garage address. This garage must be located within HCM city. If there is any loss or damage, Party B has to inform Party A immediately. If the matters are out of responsibilities of the insurance company, Party B shall be in charge.

ARTICLE 7:  GENERAL TERMS

1.    This 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 or HCM city Economic Arbitration for judgment.

2.    The contract is subject to adjust according to all regulations/laws in Vietnam, especially the Traffic law and other related laws/regulations. If one or some of the above terms, conditions on this contract violates or not in line with Vietnamese law, other terms and conditions are still valid to execute. These violated or not in line terms and conditions shall be subject to adjust by both parties.

3.    In case, if the Vietnamese government/local authority, assmebly, etc, changes/adjusts or enacts any new law/regulation/decision/issues/taxes, etc, which impact, affect to the price, terms and conditions of this contract; two parties have to adjust the price and/or the terms and conditions in this contract.

4.    Besides the termination cases are stated above; The contract shall be also terminated in the following cases:

a)    The term of this contract has expired.

b)    Party B doesn’t use the car as specific purpose as stated at article 2.2. Party A has right to terminate the contract immediately and asks for compensation.

c)    The Party A is going to or intends to sale the car. In this case, Party A has to give thirty (30) day written notice in advance to the tenant for early-termination.

d)    If Party B has to leave Vietnam or Party B’s company is withdrawn operation license or is bankrupt as stated by law, Party B can give 30-day written notice in advance to the Party A for early-termination.

e)    Termination cases are stated and clarified in this contract.

f)    Upon the proposal made by either party and approved by the other one.

g)    Except the above cases, if either party wants to terminate this contract before expiry-date, that party has to give prior notice and to pay one month car rental for penalty to another party.

ARTICLE 8: OTHER TEMS

1.    Both parties have read, understood and agreed all the terms and conditions in the contract.

2.    The contract is made bilingually in Vietnamese and English and it has 02-original copies, with equal validity. Each party keeps one copy. The contract is valid from the date of signing.

Vietnam, Hochiminh city, ................ 2009

This is a contract  for reference only. It shall be changed/amended based on the conditions of each requirements.

Please contact us for the update/newest copy.

CHAOcom.com

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www.CHAOcom.com

Add: 35Bis phung khac khoan, dist 1, HCM city, Vietnam.

Tel: (84-8) 3 5000 720 - 3 8279 233