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Motor Vehicle Agreement Page 2 of 4
Copyright Curtin University Of Technology April 2001 V1.2 Employees Initials_______
2.2 Interpretation
In this Agreement unless the context otherwise
requires, the singular includes the plural and vice versa
and in particular, any word or expression defined in the
singular shall have a corresponding meaning when used
in the plural and vice versa.
2.3 The headings in these terms and conditions are inserted
for convenience and shall not affect the interpretation
of the Agreement.
3.1 Upon accepting an offer to be provided with a Vehicle
under the Salary Packaging Guide Motor Vehicle Plan,
the Employee agrees and covenants with the University
that they will:
(a) Ensure that the Vehicle remains registered at all
times and that the Employee will not allow the
Vehicle to be used for any purpose for so long as
it is not so registered.
(b) Ensure that the Vehicle is regularly serviced in
terms of the manufacturers or, if prescribed, the
Vehicle Supplier’s requirements, and that repairs
or any faulty parts are promptly replaced. The
Employee acknowledges that any replacement
parts are to remain affixed to the Vehicle and are
the property of the Vehicle Supplier.
(c) Save for fair wear and tear not subject to driver
abuse, keep the Vehicle in the same condition as
at the Commencement Date and properly cleaned,
serviced and maintained during the Term.
(d) Not make any alterations or additions to the
Vehicle other than alterations and additions
necessary in the course of servicing and
maintaining the Vehicle, without the prior written
consent of the University.
(e) Use the University's nominated fuel card supplier
or such other Vehicle expense payment facilities
as may be nominated by the University from time
to time.
3.2 The Employee agrees:
(a) That the safe custody and operation of the
Vehicle is their responsibility.
(b) To be bound by the Offer To Salary Package, the
Motor Vehicle Agreement, the Salary Packaging
Guide, policy statements, other collateral
agreements and documentation signed by the
Employee which are incidental to the provision
of Fringe Benefits, and as otherwise directed by
the University.
(c) To indemnify and keep indemnified the
University against any claims (contingent or
otherwise), suits, actions, losses, damages,
judgments, costs, fines, penalties, interest or
expenses incurred in relation to the Vehicle and, in
particular, that the Employee will indemnify and keep
indemnified the University against:
(i) any breach of this Agreement;
(ii) the cessation of any agreement with the
Vehicle Supplier;
(iii) traffic infringement fines and penalties
including but not limited to parking,
speeding, and red light camera fines, and
the University is hereby authorised to
deduct at the University's discretion any
and all such unpaid sums from the
Employee's Salary; and
(iv) any Fringe Benefits Tax (including any
amount of Fringe Benefit Tax levied due to
the employee not meeting the scheduled
kilometre target for any reason other than
the vehicle being unavailable for use) and
Goods and Services Taxes, if any, and all
and any government taxes, levies or duties
and any other costs and charges associated
with the Vehicle being provided to the
(v) The cost of restoring the provided vehicle
to the Vehicle Suppliers standard ofgood
condition” when returned should the
vehicle be deemed upon inspection to be of
less than the required “good standard”.
3.3 The Employee accepts that the University requires
them to seek independent advice from a Consultant on
the appropriateness of them being provided with motor
vehicle benefits before accepting an offer to take a
3.4 The Employee agrees that neither the University, its
officers, employees, suppliers, contractors or agents
will be liable or held responsible in any way
whatsoever to the Employee arising by reason of the
Employee entering into this Agreement or the use by
the Employee or the Employee's "associate" (as defined
in the Income Tax Assessment Act 1997) of the
Vehicle including but not limited to:
(a) Any financial, tax or monetary considerations
detrimental or otherwise not of benefit to the
Employee; and
(b) Any fact or circumstances which render the Motor
Vehicle Agreement or Offer To Salary Package,
in respect of the Employee, onerous, burdensome
or inconvenient, by reason of entering into this
And the Employee will indemnify and keep
indemnified the University, its officers, employees,
suppliers, contractors and agents against any such
liability or responsibility.
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