CAR RENTAL CONTRACT

No.:______HD/VN 2015

–            Based on the Civil Code No 33/2005/QH11 and the Commercial Law No 36/2005/QH11 dated 14thJune, 2005 of The Socialist Republic of Vietnam;

–            According to the demands and abilities of the two parties;

 

Today _________________, 2015, we are:

 

PARTY A         :
Address             :
Phone No.         :                                                 Fax:
Account             :
Opened at         :
Tax code           :
Represented by :

PARTY B         :
Address              :
Phone No.         :                                                  Fax:
Account             :
Opened at         :
Tax code           :
Represented by :

 

After discussion, both parties come into the Car Rental Contract (herein after referred “Contract”) with the terms and conditions as follows:

ARTICLE 1     :   CONTENT

1.1        Party A agrees to provide the transportation passenger service by car to Party B with the details as follows:

– Type of vehicle: Toyota Innova (7 seats)

– Quantity: one (01) unit

– Limited Mileage (26 days per month): 2.600 km per month

– Driver quantity: one (01) person

1.2        Service time:

1.2.1     The usual service time is based on local time that is from 8:00AM to 17:00PM from Monday to Saturday every week (excluding of 09 Public holidays and New Year days as stipulated by the Labor Code of The Socialist Republic of Vietnam).

1.2.2     The monthly service based on 26 days/month.

1.2.3     Party B shall arrange the lunch break for the driver and it is considered inside the usual service time.

1.2.4     In case the service time is extended before or after the above mentioned at Party B’s request, it will be considered overtime. Such overtime is based on the driver’s service docket signed by Party B.

 

ARTICLE 2     :    SERVICE CHARGES

2.1        Basic Service Charge:

–           With reference to details of vehicle as written in Article 1

 

Quantity  of car

Unit cost (USD/car/month)

 

01

1,290

 

–            This charge is inclusive of fuels, driver’s salary. This charge is exclusive of V.A.T, toll fees (for using roads, bridges, ferries), parking fee.

2.2        Additional charges:

Party B shall pay to Party A an additional charge if using the leased vehicle in the following cases:

2.2.1     Using the vehicle in overtime:

From 17:01 to 7:59 next following day                       : additional USD 3.0/hour

2.2.2     Using the vehicle on Sundays                         : additional USD 46.10/day/100 km

2.2.3     Using the vehicle on Public Holidays, New Year days according to regulations of Labour Code of The Socialist Republic of Vietnam: additional 50% of the car rental fee compared with ordinary day (100 km).

2.2.4     Using the vehicle over the limited mileage       : additional USD 0.27/km

2.2.5     Using the vehicle for inter-provincial travel:

+ Charge for overnight stay of car                   : USD 10.00 /night

+ Expenses for meal(s) and accommodation for driver: USD 5.5 /night

 

ARTICLE 3     :    PAYMENT TERM

3.1        Payment Term: payment in cash or by bank transfer. In case of payment by bank transfer, each party shall pay the banking charge of its own bank.

3.2        The currency used for payment is the Vietnamese Dong (VND) based on the U.S Dollar selling rate of exchange of Bank for Foreign Trade – Ho Chi Minh City at payment time.

3.3        Payment Time: monthly, Party A shall send Party B the VAT invoice for the transportation charge of the previous month. Party B is responsible for paying Party A within 07 working days as from the date of receipt of Party A‘s invoice.

3.4        In case of delay in payment, Party B shall pay in addition the credit interest provided by The State Bank of Vietnam for overdue value at the payment time.

3.5        Party A will terminate the service and require Party B has to pay the debt at the earliest time and compensate for the arising damages (if any) if it does not receive the stipulated amount on the invoice after 15 working days from the expiry date of payment.

3.6        The Security Deposit: Party B will pay to Party A, One thousand two hundred and ninety US Dollars only (USD1,290) 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

ARTICLE 4     :    RESPONSIBILITIES OF THE TWO PARTIES

4.1        Responsibilities of Party A:

4.1.1     Party A has to ensure the leased vehicle in ready at the Party B’s requirement and arrange cars and drivers on time.

4.1.2     Party A’s driver does not drink alcohol, beer during service time. Driver has communication skills in English and has good service attitude to passengers with all their heart, joyful, amiable, and supportive.

4.1.3     Party A is responsible for purchasing insurance for properties in damage, insurance for driver and persons seating on the vehicle, insurance for civil liability to third party concerned in accordance with Vietnamese regulations on Insurance.

4.1.4     Party A is responsible for compensating Party B if during progress of transportation damage occurs due to Party A’s wholly default and out of insurance responsibilities.

4.1.5     Draw up and send to Party B by fax or postal the Invoice of transportation service charges based on the transportation service journal with signature of Party B’s vehicle user.

4.1.6     Buy on account all fees for roads, bridges, ferries, parking fee… raised during service time…

4.2        Responsibilities of Party B:

4.2.1     Party B is not permitted to use vehicle for transporting illegal, flammable, explosive materials. In case of violation Party B has to wholly be responsible to the Competent Authorities against its violating behaviors.

4.2.2     Party B’s representative shall sign the transportation service journal (the kilometers, time and date of service), (according to the Party A’s sample and write down by Party A’s driver) for confirmation of using vehicle. If party B’s representative don’t sign for confirmation then the figures recorded by party A’s driver is exact as a matter of course.

4.2.3     Payment in full and on time according to regulations as Article 3 of this Contract.

4.2.4     Attestation sign on documents, which related to fees of roads, bridges, ferries, parking fee (if any)…

4.2.5     At the time of payment for transportation cost, return a sum of money on account by Party A for toll fees (if any) according to arising of the fact. The origin of above-said documents shall be passed into Party B.

 

ARTICLE 5     :           FORCE MAJEURE

5.1        Force majeure are objective facts, occur over control of influenced party include: God, fire, war, rebels, the changes due to decisions, instructions of authorities obstruct parties in the execution of their obligation according to regulations of contract.

5.2        In case force majeure occurs, influenced party must:

5.2.1     Use all efforts to eliminate or reduce damage for parties.

5.2.2     Inform in writing within 07 days from the day force majeure occur, for partner realize that they can’t perform or need to delay their performing obligation due to force majeure.

5.2.3     Parties must prove that parties are influenced by force majeure and tried their best to repair but not overcome.

Not performing or late performing each party’s obligation of the contract due to above reasons will not be considered as violation the contract.

5.3        In case force majeure was confirmed lasting three months from the day occurs. This contract can be ended and parties divide equally together responsibility of compensation of damage.

 

ARTICLE 6     :           PENALTY

In addition to penalties as mentioned above, the Party in breach also has to compensate direct damage, if any, caused by violating behaviors including: costs and expenses for preventing, limiting damage from arising due to violating the contract, penalties due to violating other contracts and indemnities the violated party has to pay to the third party.

 

ARTICLE 7     :    GENERAL PROVISIONS

7.1                    Both parties undertake to strictly observe the Contract provisions. Any amendments, supplements to this contract shall be informed 30 days in advance and agreed by both parties in writing.

7.2        Two parties will settle amicably any disagreement or dispute which may arise. If no amicable settlement is reached, the dispute in question shall be submitted to the Competent Court in Ho Chi Minh City for settlement.

7.3        If the fuel fee increase over 10% compared with the fee at signing time, two Parties shall consider and correct the car rental fee.

7.4        This contract is valid for one (01) year. If any Party would like to have an early termination, it is required to submit a written notice to the other party within 30 days in advance.

7.5        This contract will automatically liquidate within 10 days from expired day if all responsibilities have been fulfilled by both Parties without any complaints from the other Parties.

7.6        This contract is made into four (02) sets in English versions with the same legality, one (01) set of which for each Party copies.

 

PARTY A                                                                                  PARTY B