Application of Terms
This Vehicle Rental Agreement (“Agreement”) is made between Beam Mobility New Zealand Limited organised under the laws of New Zealand with registered office at Alliott BW Ltd, Level 2, 142 Broadway, Auckland, 1023, NZ (“Beam”), and the person or entity renting the personal mobility vehicle ("Vehicle") from Beam (“Renter”).
Beam rents to the Renter and the Renter rents from Beam, the Vehicle, subject to the terms and conditions of this Agreement.
1. Term This Agreement shall commence on the day the Renter takes possession of the Vehicle and remain in full force and effect until the Vehicle is returned to Beam and all payment of applicable fees and charges have been made. The Renter shall return the Vehicle at the end of the rental period to Beam Auckland (127D Newton Road, Auckland Central, 1010) unless this Agreement is terminated earlier consistent with the terms herein.
2. Payment The Renter shall pay to Beam the specified rental fee ("Rental Fee"), any late fee ($25 per day) and any of the following charges arising from the Renter’s use of the Vehicle:
- Loss of, or damage or repair to the Vehicle, loss of use, diminution of the Vehicle’s value (full replacement value being NZ$1,200) caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
- Unless due to the fault of Beam, all fines, penalties, traffic and/or parking violations, court costs, towing charges and other expenses relating to the Vehicle assessed against Beam or the Vehicle during the rental Term; and
- All expenses Beam incurs due to Renter’s failure to return the Vehicle including costs in locating and recovering the Vehicle. Late payments may incur additional charges.
3. Card The Renter undertakes to register and keep registered a valid credit or debit card on the Beam app at all times and authorises Beam to charge the card any amount owing by the Renter to Beam.
4. Insurance In respect to 'Beam Shuttle' only, the Renter acknowledges that Beam’s personal accident policy is not applicable to the rental of the Vehicle under this agreement and the Renter is responsible for all loss and/or damage arising from the use of the Vehicle. In respect to 'Beam Solo', the Renter acknowledges that Beam’s personal accident policy is applicable to the rental of the Vehicle under this agreement and the Renter is fully covered under this policy. Read more about Beam's Personal Accident Insurance here.
- Usage of Beam’s services and the Vehicles are subject to the Terms of Service as set out in the Beam mobile application and at www.ridebeam.com/terms-andconditions ("Beam T&C") and the Renter undertakes to comply and be bound by the Terms of Service and any applicable laws and regulations when using the Vehicle.
- The Renter shall also not permit the Vehicle to be used by any person who is not authorised to use such Vehicle.
- Usage of the Vehicle is only available in Auckland.
- The Rider undertakes to Beam that credits provided for use of the Vehicle shall not be used for Beam's sharing vehicles and any such usage will be charged to Renter accordingly.
7. Return of Vehicle. The Renter shall return the Vehicle on the last date of the rental period in the same condition as the Renter received it, except for normal wear and tear. The Renter shall return the Vehicle to the agreed return location. If the Vehicle is not returned on said date, Beam reserves the right to take any action necessary to regain possession of the Vehicle.
8. Termination This Agreement shall terminate upon the return of the Vehicle to Beam pursuant to clause 7 of this Agreement. Beam reserves the right to terminate this Agreement earlier upon notice to Renter.
9. Indemnifications and Liability The Renter shall indemnify, defend and hold harmless Beam from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of the Vehicle by any cause, except to the extent caused by Beam’s gross negligence or wilful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL BEAM BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF VEHICLE, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Assignment The Renter may not, without the prior written consent of Beam, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
The Renter acknowledges having read, understood and agreed to be bound by this Agreement and the Beam T&C.
Application of Terms
This Vehicle Sales Agreement (“Agreement”) is made between Beam Mobility New Zealand Limited organised under the laws of New Zealand with registered office at Alliott BW Ltd, Level 2, 142 Broadway, Auckland, 1023, NZ (“Beam”), and the person or entity purchasing the personal mobility vehicle ("Vehicle") from Beam (“Buyer”).
Beam sells to the Buyer and the Buyer purchases from Beam, the Vehicle, subject to the terms and conditions of this Agreement.
- Beam is selling the Vehicle(s) as is, and without warranty or guarantee of any kind whatsoever, save for such that cannot be excluded by statute.
- Save for the matters stated within this Contract, Beam makes no representations to the Buyer with respect to the state, condition and functionality of the Vehicle(s).
- This Contract embodies the entire agreement between the parties and supersedes all previous agreements, understandings, negotiations, warranties and representations.
- Beam warrants that the Vehicle(s) are owned by Beam and Beam has full right and authority to sell the Vehicle(s) to the Buyer and deliver it into their possession.
- Beam warrants that, to their best knowledge and belief, the Vehicle(s) are free of any financial or other encumbrances that may affect the title of the Vehicle(s).
- The Buyer has offered to purchase the abovenamed Vehicle(s) from Beam for the Purchase Price stated on this website, and upon the terms and conditions stated herein.
- The Buyer acknowledges and agrees that it has fully inspected or otherwise had the opportunity to fully inspect the Vehicle(s) prior to taking possession of the Vehicle.
- It is the Buyer’s responsibility to check any relevant federal, state and local laws and regulations regarding the use of e-scooters on public roads and property prior to purchasing. Beam will not be held accountable or offer refunds under any circumstances.
- The Buyer is satisfied with and accepts the state, condition and functionality of the Vehicle(s).
- All risks and responsibilities pass to the Buyer once the Purchase Price is paid and the Buyer takes possession of the Vehicle(s).
- The Buyer accepts full responsibility and will hold Beam harmless for any charges, repairs, duty, fines, injury, damage or any other costs incurred as a consequence of ownership, possession, use and/or disposal of the Vehicle(s) from the Date of Contract and transfer of such Vehicle(s) to the Buyer.
- The Buyer undertakes to not refer to ‘Beam’, 'an e-scooter rental supplier' or any variation of these, in its future references, advertising or promotion in relation to the Vehicle(s).
- This sale is subject to and conditional upon payment of the Purchase Price by the Buyer, in full, the receipt of which must be acknowledged by Beam hereinunder.
- If the Purchase Price is not paid, for whatever reason, Beam may either in their absolute discretion: affirm their rights under this Contract for payment of the Purchase Price (or the balance outstanding), plus interest accruing at 25% per annum; or rescind this Contract and retake ownership and possession of the Vehicle(s), at the cost of the Buyer.
- These terms are governed by the law in force in New Zealand.