| 1. |
General Definition |
| 1.1 |
As used in this Agreement, "By-laws" means the by-laws of the
Society. "Handbook" means the member's handbook as may be amended from time
to time by the Society and which shall form an integral part of this Agreement.
"Member" means the applicant who is admitted as a member of the Society
in accordance with the By-laws and who has paid the prescribed membership
fees. "Society" means NTUC INCOME Car Co-operative Ltd. "Vehicle" means
the motor vehicle provided to Member by the Society under this Agreement.
|
| 2.
|
Vehicle
Reservation |
| 2.1
|
Reservation
of the Vehicle shall be made in advance with the Society . Member shall specify
date, time and place of collection of the Vehicle. Member can reserve only one (1)
vehicle at a time. Priority for use of the Vehicle is according to first
reserved basis except for selected festive season or holidays during which
priority will be decided by ballot based on a point system as determined
by the Society in its sole discretion. |
| 2.2
|
The
Society reserves the right to impose such fees as the Society may at its
discretion decide for late cancellation or non-cancellation of reservation
if Member subsequently decides not to use the Vehicle. |
| 2.3
|
The
Society shall not be responsible for any loss or damage suffered or incurred
by Member arising from or in connection with the failure to honour a vehicle
reservation made by Member. |
| 3. |
Vehicle
Ownership |
| 3.1 |
All Vehicles including all accessories, equipment, spare tyres, keys, registration
documents and tools shall at all times remain the sole property of the Society.
|
| 3.2
|
Member
shall not transfer, dispose of, sub-let or in any way part with possession
of Vehicle except as permitted by the Society. Member shall not create any
lien over or pledge the Vehicle in favour of any person or allow any person
to have any interest over Vehicle. |
| 4. |
Use Conditions
and Restrictions |
| 4.1
|
Member
shall be at least 23 years old and possess a valid driving licence for private
cars. Member shall operate the Vehicle only
within the geographical areas permitted by the Society. |
| 4.2 |
Member shall not, without express permission of the Society, allow any other
person to use or operate Vehicle. Member shall not use or operate the Vehicle
or permit anyone to use the Vehicle (i) for illegal purposes (ii) for carrying
hazardous or dangerous materials (iii) for any reward or valuable consideration
(iv) under the influence of alcohol or any intoxicating substance (v) in
such manner as to intentionally expose it to danger or risks including damage, theft
and vandalism or (vi) generally in violation of the laws in any applicable
jurisdiction. |
| 4.3
|
Member shall be fully responsible for all costs, expenses and fees (including
vehicle recovery expenses) arising from any breach of this clause 4. |
| 5. |
Vehicle
Inspection |
| 5.1 |
Member shall inspect the exterior and interior of the Vehicle at the time of
Vehicle collection. |
| 5.2
|
If,
during inspection, Member notices any damage or defect, or if the Vehicle is
in a dirty condition, Member shall make a report to the Society of the condition
before removing the Vehicle from the car parking lot. If no such report is made, it shall be deemed that the Vehicle is in good condition and free from damage or defect whatsoever at the time the Vehicle was handed over to the Member. |
| 6. |
Vehicle
Return |
| 6.1
|
Member
shall return the Vehicle and the key at the agreed time to the designated place,
and in the same condition it was taken (fair wear and tear excepted). The
Society reserves the right to impose any early or late return fees or charges
as the Society may at its discretion decide if the Vehicle is returned earlier
or later than the agreed time. |
| 6.2
|
If the
Vehicle is returned in a condition unsatisfactory to the Society and will
require repair, cleaning-up or restoration works (other than regular cleaning
or maintenance or repairs due to mechanical faults or defects reported
by Member to the Society), Member shall reimburse the Society for the cost
incurred in repairing any damage to the Vehicle or restoring the Vehicle (including
the interior) to its original condition. |
| 7. |
Insurance
|
| 7.1
|
The
Society will provide a comprehensive motor insurance policy in respect of the
Vehicle subject to any excess imposed by the Society for loss or damage
which shall be borne by Member. A copy of the insurance policy will be available
for inspection at the Society's office upon request by Member. |
| 7.2 |
Member shall be fully responsible for any loss or damage to the Vehicle if the Vehicle
is not used or operated in accordance with the provisions of the aforesaid
insurance policy. |
| 8.
|
Accidents,
Theft and Vandalism Reporting |
| 8.1
|
Member
shall report any damage, accident, theft or vandalism of the Vehicle to the police
and the Society within the time period prescribed by the Society. |
| 9.
|
Maintain
fuel tank |
| 9.1
|
Member shall refill fuel tank of the Vehicle at the Society's expense in accordance
with the Society's current procedures for refilling of fuel tank whenever
the fuel indicator drops to one quarter (1/4) tank level or below. |
| 9.2
|
Member
shall undertake that the purchases of fuel made by Member pursuant to clause
9.1 above shall be in respect of the Vehicle only. |
| 10.
|
Parking/Traffic
Offences |
| 10.1 |
Member shall be fully responsible for all traffic/parking offences, fines
and penalties arising from Member's use, possession or operation of the Vehicle.
|
| 10.2
|
Member
shall indemnify the Society and hold the Society harmless from and against
all claims, actions, demands, cost or expenses including legal fees and
costs, which may be made against or incurred or become payable by the Society
arising from Member's use or operation of the Vehicle or for any breach of the
terms of this Agreement. |
| 11. |
Charges/Pricing
|
| 11.1
|
Member
shall pay the security deposit, membership and other fees and charges set
out in the membership application and in the Handbook punctually when due.
Payments shall be made through interbank giro facility.
The Society may at its sole discretion charge interest for late payments
at a rate of one per cent (1%) per month or such other rate as the Society
may deem fit until full payment of all overdue amounts. Save for manifest
error, the monthly statement of charges sent by the Society to Member shall
be deemed as conclusive and binding upon Member. |
| 11.2
|
If
Member fails to pay any outstanding payments (including interest, if any) from the date when the payment becomes due,
the Society may suspend the privileges of Member under this Agreement for
such periods and subject to such conditions as the Society may at its discretion
decide. A waiver of such breach as aforesaid shall not prejudice the rights
of the Society in respect of any other subsequent breach. |
|
11.3 |
Members
shall be liable for all costs (including legal fees,on a full indemnity basis) incurred to
recover any outstanding payments. |
| 12. |
Termination
of Agreement |
| 12.1 |
This Agreement shall terminate if Member is in breach of any of its obligations
under this Agreement (save for default of payment in which case the provisions
of clause 11 above shall apply) or if Member ceases to be a member of the
Society under the By-laws. |
| 12.2
|
Subject
to the By-Laws, Member may terminate the Agreement by giving one (1) month's
prior written notice. |
| 12.3
|
Termination of this Agreement shall not prejudice or in any way affect the rights and powers of the Society under the terms
here in respect of any breach committed by the Member. |
| 13. |
Miscellaneous
|
| 13.1
|
Where
any part of this Agreement is illegal, prohibited or invalid by law, such
part shall be severed from the remainder of the Agreement which shall remain
in full force and effect. |
| 13.2
|
Any
notice to be sent to Member by the Society shall be effectively sent if
posted to the last known address of Member. |
| 13.3
|
All
disputes, controversies or differences arising out of or in connection with
this Agreement shall be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedures for the time being in force. The parties agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached. |
| 13.4
|
The Society reserves the right to vary, supplement or amend the terms in this Terms and Conditions at any time, and any such variation, supplements or amendments shall be deemed part of the terms and conditions here and the Society and Member shall be bound by the same. |
| 13.5 |
In the event of inconsistencies between the terms herein and the By-laws,
the provisions of the By-laws shall prevail unless otherwise expressly provided. |
| 13.6 |
A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 (cap. 53B) to enforce any of its terms. |
| 13.7 |
This Agreement shall be governed by and construed in accordance with the
laws of Singapore. |