Owners’ FAQs and T&Cs

Welcome to StarCarsAgency! 

Here are answers to some of the most common questions.  You will also find our Terms and Conditions at the end of the FAQs

What do you do?

We help owners earn money for their vehicle(s) by placing it with TV, Film and Advertising companies.

What will I earn?

The fee varies greatly depending on a number of factors – the rarity of your vehicle, the location of the shoot, time required, etc. – from $250 for a few hours work up to $1,000 or more per day.

How much does it cost to register?

Nothing!  Registering your vehicles is free of charge.

What sort of vehicles are you looking for?

Any type of vehicle you can think of!  Modern family cars, classic, vintage and veteran cars; trucks; tractors; motor bikes; campervans; boats; planes.

What condition do they need to be in?

Although there is demand for heavily modified vehicles, by far the greatest requirement is for cars that are close to how they looked in the year they were manufactured.  They do not have to be concourse.  In fact there is regular demand for vehicles that are rough and rusty.  So simply register every vehicle you have. Our clients generally are only interested in the exterior and interior of vehicles.  Therefore the mechanical condition of the vehicle is not important.  It can have an enormous V8 squeezed in under the hood or it could be barely driveable.  It does not matter.

Who will look after the vehicle when being used?

Hopefully you will!  We encourage our owners to accompany their vehicle to set whenever they can.  Our owners are often asked to drive the vehicle in shot or even be an extra.  Lots of fun!  If your vehicle is available but you are not, then we have very experienced ‘Vehicle Wranglers’ who can collect the vehicle from you and return it at the end of the shoot.

Who is responsible for any damage?

The client is fully responsible for any damage when on set.  We provide a vehicle condition report to be completed when the vehicle arrives on set. You will be responsible in delivering the vehicle and returning it.

Who will drive the car on set?

Once again, we hope you will!  But if you are not available then our Vehicle Wranglers will do so.  Not one else is allowed to drive your vehicle unless it is agreed in advance with you and us.  If your car is to be driven by actors, etc. we will provide additional cover under the policy our holding company – Vintage and Classic Car Hire Pty Ltd – has at the clients’ cost.  Vintage and Classic Car Hire rents out on a self-drive basis.  This can give you additional income.  Check out www.vcch.com.au if you are interested.

Can I sell my vehicle through your company?

We rent vehicles on behalf of clients.  We do not sell unless it is more economical for clients to purchase rather than hire.  In those situations we will negotiate a price between the client and the owner with a 5% fee payable by both.

Can I promote my vehicles through other companies?

You register with us on a non-exclusive basis.  Therefore you are free to work through other agencies if you wish.  However, you are not to deal directly with a client once we have introduced you.

 

And that brings us nicely to our Terms and Conditions!

Terms and Conditions

 

AGENCY AGREEMENT

PARTIES

This agreement is between the Agent and the Principal (as defined below).

BACKGROUND

The Principal wishes to provide its vehicle(s) for hire and now wishes to appoint the Agent as its non-exclusive agent for the provision of the Services in relation to the hire of its vehicles, as defined below.

AGREED TERMS

  1. DEFINITIONS AND INTERPRETATION

The definitions and rules of interpretation in this clause apply in this agreement.

Commencement Date: the date on which the Principal completed the online registration process through the Agent’s website www.starcarsagency.com.au.

Force Majeure Event: any acts, events, omissions or accidents beyond the reasonable control of a party, including but not limited to Royal demise, national mourning, fire, epidemic, war, strikes, lockout or by reason of order of any licensing or public authority and which affect the performance by that party of its obligations under this agreement.

Principal: means you.

Services: the concluding of contracts on the Principal’s behalf to provide vehicles for hire and the promotion of the Principal’s vehicles online.

SAgent: means Vintage and Classic Car Hire Pty Ltd, trading as Star Cars Agency, (ACN 61135405293 )

Terms & Conditions: the terms and conditions as may be in place from time to time under which the contracts concluded by the Agent on the Principal’s behalf are made, a copy of which is available here: www.starcarsagency.com.au

Year: the period of 12 months from the Commencement Date and each consecutive period of 12 months thereafter during the period of this agreement.

1.2       References to clauses and schedules are to the clauses of and schedules to this agreement.

1.3       Headings are for convenience only and shall be ignored in interpreting this agreement.

  1. APPOINTMENT

2.1       The Principal hereby appoints the Agent as its non-exclusive agent to provide the Services on the terms of this agreement and the Agent hereby accepts the appointment on those terms.

  1. AGENT’S OBLIGATIONS

The Agent undertakes and agrees with the Principal at all times during the term of this agreement:

3.1       Except as authorised by the Principal, not to act in a way which will incur any liabilities on behalf of the Principal nor to pledge the credit of the Principal.

3.2       To comply with all reasonable and lawful instructions of the Principal from time to time concerning the provision of the Services, and generally to carry out its agency in such manner as it thinks best to promote the interest of the Principal.

  1. PRINCIPAL’S UNDERTAKINGS

The Principal undertakes and agrees with the Agent during the term of this agreement:

4.1       To act at all times in its relations with the Agent dutifully and in good faith.

4.2       Subject to the following, and provided the Agent performs its obligations under this agreement, to indemnify the Agent against any liabilities which the Agent may incur as a result of acting with reasonable care and skill within the scope of its authority under this agreement as agent for the Principal.

4.3       To supply to the Agent at the Principal’s own expense such documentation and information and such technical, market and other support as the Agent may from time to time reasonably require for the purposes of promoting and selling the Services and to enable it properly and efficiently to discharge its duties under this agreement. Where such documentation includes photographs of the Principal’s vehicles or otherwise, the Principal hereby agrees to waive all intellectual property and moral rights that it may have in those photographs.

4.4       Within a reasonable period of becoming aware of the same to perform any contracts made on its behalf by the Agent under this agreement subject to its rights and obligations under the Terms & Conditions.

4.5       Promptly and efficiently to deal with any complaint, dispute or after-sales enquiry raised by a customer relating to the contracts concluded on its behalf by the Agent.

4.6       Where appropriate, to inform the Agent within a reasonable time if any contract concluded on its behalf by the Agent will not be performed by it, and of the reason for such non-performance.

4.7       Where the Principal is not personally available to perform any of its obligations and duties under any contract concluded on its behalf by the Agent, such obligations which shall include driving its vehicle for the customer, the Principal shall appoint a suitable alternative to perform these obligations and duties in its place. Where such an alternative is appointed the Principal agrees to indemnify the Agent for any loss that it may incur through the actions of the alternative.

4.8       To at all times ensure that its vehicles are appropriately registered and insured for any contract made on its behalf by the Agent under this agreement. Where an alternative has been appointed to drive the vehicle on behalf of the Principal pursuant to clause 4.7, the Principal shall ensure that all insurances for the vehicle extend to that alternative.

4.9       To ensure that its vehicles are at all times in good working order, are fit for purpose and unlikely to cause harm to any customer, and are clean and well presented immediately prior to the performance of any contract made on its behalf by the Agent under this agreement.

4.10     During the performance of any contract made on its behalf by the Agent under this agreement, to conform with the dress code set by the Agent from time to time and not to act in any way that may have a negative effect on the business of the Agent.

4.11     The Principal shall not at any time provide the customer with any personal contact details and agrees to refer all queries from the customer to the Agent. Any breach of this clause 4.11 shall give rise to an immediate right of termination of this agreement on the Agent’s part by notice in writing and the Agent shall also be entitled to seek commission on any booking made as a result of that breach as per clause 6.1 as if it was a contract concluded by the Agent on the Principal’s behalf.

  1. LIABILITY OF THE AGENT

5.1       The Agent shall be in no way liable to the Principal for anything which may happen in consequence of any contract that the Agent may make on behalf of the Principal, including, without limitation:

(a)        any damage to the Principal’s vehicle or personal property;

(b)        any theft of the Principal’s vehicle or personal property;

(c)        any personal injury to the Principal; or

(d)        any cancellation of or failure to attend a booking by a customer.

  1. PAYMENTS

6.1       The Agent shall (subject to the Principal performing its obligations under this agreement) pay to the Principal the agreed fee within 7 days of the Agent receiving payment from the client.

6.2       The Principal agrees that its fee under any contract entered into by the Agent on behalf of the Principal is inclusive of all expenses, insurance, tolls, holiday entitlements and travelling costs.

6.8       The Principal shall be responsible for any and all taxes payable in respect of the fees associated with any of the contracts which the Agent makes on its behalf pursuant to the terms of this agreement.

6.9       The Principal acknowledges that the Agent shall not in any way be liable to the Principal in the event of a booking being suspended or cancelled due to any Force Majeure Event and that in such an event the Principal shall not be entitled to a fee.

  1. ADVERTISING AND PROMOTION

7.1       The Agent shall be responsible for advertising and promoting the Principal’s vehicles through the Agent’s website www.starcarsagency.com.au

7.2       The Principal shall provide the Agent with the documents and photographs referred to in clause 4.3 to enable the Agent to comply with its obligations under clause 7.1.

7.3       The Principal hereby acknowledges and accepts that its vehicles, whilst contained in the Agent’s records and databases, are not guaranteed to feature on the Agent’s website.

  1. DURATION AND TERMINATION

8.1       This agreement shall come into effect on the Commencement Date and, shall continue in force indefinitely thereafter until terminated by either party giving prior written notice in accordance with clause 8.2 to expire on or after the expiry date of the initial term.

8.2       For the purposes of clause 8.1, the notice period shall be not less than two months.

8.3       This agreement may also be terminated by the Agent if the Principal is found to be in breach of clause 4.11.

  1. EFFECTS OF TERMINATION

9.1       Termination of this agreement, however caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.

9.2       On termination of this agreement for any reason:

(a)       the Agent shall cease to provide the Services;

(b)        the Agent shall immediately cease to describe itself as an agent of the Principal and cease to use all trade marks, trade names and brand names of the Principal (including without limitation on stationery and vehicles).

9.3       For the avoidance of doubt, the provisions of clause 5 shall, notwithstanding termination, continue in force in relation to the provision of the Services where the sale has been concluded before the date of termination.

9.4       Termination shall not affect the operation of clause 4.2 which shall remain in full force and effect.

9.5       Subject as herein provided and to any rights or obligations accrued prior to termination, neither party shall have any further obligation to the other under this agreement.

  1. ENTIRE AGREEMENT

This agreement constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to it.

  1. AMENDMENTS

Save as expressly provided in this agreement, no amendment or variation of this agreement shall be effective unless in writing and signed by a duly authorised representative of each of the parties to it.

  1. FREEDOM TO CONTRACT

The parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under this agreement.

  1. WAIVER

The failure of a party to exercise or enforce any right under this agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.

  1. SEVERABILITY

14.1     If any part of this agreement becomes invalid, illegal or unenforceable, the parties shall in such an event negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed in this agreement. Failure to agree on such a provision within six months of commencement of those negotiations shall result in automatic termination of this agreement. The obligations of the parties under any invalid, illegal or unenforceable provision of the agreement shall be suspended during such a negotiation.

14.2     For the avoidance of doubt, the parties do not consider clauses 4.11 or 8.3 to be of fundamental importance to this agreement.

  1. NOTICES

Any notice required to be given pursuant to this agreement shall be in writing and shall be given by delivering the notice by hand at, or by sending the same by prepaid first class post (airmail if to an address outside the country of posting) to the address of the relevant party set out in this agreement, or such other address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand) and when received (if sent by post).

  1. GOVERNING LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance with laws of New South Wales.