TERMS AND CONDITIONS OF HIRE
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The contract between the Owner and the Hirer is comprised of the Tax Invoice for the hire of the Trailer, these terms and conditions of hire (Terms and Conditions), and where relevant, the Trailer Condition Report. Together these are referred to as the "Hire Agreement".
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This Hire Agreement is made between the Owner and the Hirer named in the Hire Agreement and the Trailer must not be used by any other person who is not a party to this Hire Agreement or otherwise authorised in writing by the Owner prior to Start of Hire.
Definitions
3. The words and phrases used in these terms and conditions are defined as follows:
Damage(s) means:
a) any loss or damage to the Trailer, howsoever caused, that requires repair or replacement, subject to reasonable wear and tear at the Owners discretion;
b) any Trailer recovery, towing, storage, salvage or legal fees;
c) any assessing fees; and
d) Loss of Use.
Deposit means any fee that the Hirer must pay at the Start of Hire to secure the other Hire Charges.
End of Hire means the date and time that the hire of the Trailer ends as shown in the Hire Agreement
Excess Kilometre Fee means a $5 per 100km or part thereof which is payable on completion of the Hire Period.
GST has the same meaning as in A New Tax System (Goods & Services Tax) Act 1999 (Cth).
Hire Charge means the fees, costs, amounts and charges specified in the Hire Agreement or payable under the Hire Agreement by the Hirer to the Owner, including but not limited to the Trailer rental fee; Deposit; Excess Kilometre Fee; Late Return Charge; any traffic or parking fines or toll charges; any additional fees resulting from Damage to the Trailer or property of DJ Trailer Hire; or any other amount which the Hirer reasonably owes to the Owner under the Hire Agreement, in respect of a breach of the Hire Agreement or otherwise.
Hirer means the party contracting with the Owner to rent the Trailer identified in the Hire Agreement.
Hire Period means the period commencing on the date shown on the Hire Agreement and ending on the date shown on the Hire Agreement
Late Return Charge means a charge applying at the published day rate which is payable if the Trailer is returned after the conclusion of the agreed Hire Period.
Loss of Use means the fee calculated at the daily rate shown in the Hire Agreement being the Owner's loss because the Trailer needs repair and the Owner is waiting for the repairs to be completed or it is a write-off or has been stolen and the Owner is waiting for it to be replaced.
Long Term Hire means any hire in excess of 7 days continual hire
Owner means DJ Trailer Hire ABN 44278025314 or the registered owner of the Trailer identified in the Hire Agreement and includes its employees and/or agents.
Repair Cost Table means a table containing fixed prices for repair or replacement of Trailers or Trailer components, fittings or fixtures including but not limited to ramps, trolley, tie down straps, cargo net, trailer lock, padlocks, canvas cover, signage and all equipment, accessories, keys, tools or component parts installed in or attached to the Trailer or otherwise provided by the Owner pursuant to the Hire Agreement.
Start of Hire means the date and time that the hire of the Trailer commences as shown in the Hire Agreement.
Third Party Loss means any loss or damage to third party property, including other motor vehicles, and any third party claim for loss of income or consequential loss.
Trailer means the asset rented by the Owner to the Hirer pursuant to this Hire Agreement and may include, but is not limited to a trailer together with ramps, trolley, tie down straps, cargo net, trailer lock, padlocks, canvas cover, signage and all equipment, accessories, keys, tools or component parts installed in or attached to the Trailer or otherwise provided by the Owner pursuant to the Hire Agreement. It does not include loads or goods carried by the Trailer or personal property placed in the Trailer by the Hirer or any other person.
Unsealed Road means a road, track or pathway that has been formed and constructed but not sealed with tar, bitumen or concrete or any off-road area that is not a gazetted road or a beach area.
Condition of the Trailer
4. The Hirer acknowledges that the Trailer is clean, in good repair and roadworthy at the time of hire and undertakes to return it in the same condition at the conclusion of the Hire Period.
5. The Hirer agrees to pay reasonable costs for the Trailer to be cleaned and restored to its condition as at the commencement of hire if in the opinion of the Owner the Hirer has returned the Trailer in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the Trailer or using the Trailer in an unacceptable or unapproved manner.
6. Pre-existing damage or wear and tear to the Trailer is to be noted in the Trailer Condition Report and checked by the Hirer as being present at the Start of Hire to protect the Hirer from liability. The Hirer is deemed to have accepted the contents of the Trailer Condition Report once the Trailer is attached to the Hirers vehicle deemed Start of Hire.
Before starting off on your hire
7. Ensure your tow ball assembly is correctly fitted with hitch pin and hitch pin split pin installed and secure
8. Safety chains must be attached to the vehicle correctly
9. Ensure coupling handle is correctly down
10. Ensure coupling release latch safety latch is fitted to prevent accidental release
11. Ensure that jockey wheel is secured in the folded position and that the handle is facing upright to the Trailer and the jockey wheel end facing the Trailer to prevent
damage while towing.
12. Ensure that the tailgate is secured and safety latch correctly fitted
13. If the trailer lights are not working off your vehicle we will attempt to clean your
plug terminals and adjust the plug to ensure a firm fitment. If either the indicators, brake lights or taillights fail to light up the trailer cannot be hired. A full refund will be
given if proven to be a fault with the Trailer. If the fault lies with the towing vehicle the day hire rate or first days hire rate (for multiple day hires) will be retained as a cancellation fee. Alternatively we can reschedule the booking to within 4 weeks of the
original hire date.
Use of the Trailer
14.The Hirer must use the Trailer in a skillful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the Trailer at any time.
15. The Hirer must review any Trailer Condition Report appearing as part of this Hire Agreement and report any faults with the Trailer to the Owner or its agents at the time of hire.
16. The maximum allowable load in our unbraked 6x4 Trailers is 500kgs
17. The maximum allowable load in our unbraked 8x5 Trailers is 450kgs
18. The maximum allowable load in our braked 9x5 Trailers is 1000kgs
19. The Hirer certifies that:
a) The Hirer has read and/or understood all instructions provided for the safe use and operation of the Trailer;
b) The Hirer is competent to correctly connect and disconnect the Trailer from the towing vehicle;
c) The Hirer is competent to ensure safe load distribution and not exceed maximum load rating for the Trailer; and
d) The Hirer has a current Australian photo Driver's licence and is licenced to drive, operate or tow the Trailer; and
e) The Hirer has stated the Purpose of Hire is true and accurate in its entirety.
f) The Hirer agrees to provide proof of destination address if Purpose of Hire is stated as moving house, camping trip or otherwise involves the Trailer being away from the Hirers confirmed address for a period of greater than 24 hours; and
g) The Hirer agrees to secure the load at all times and shall use the supplied Trailer net at all times when travelling with a load in the Trailer so as to ensure that the said loads or part thereof will not under any circumstances part from or leave the Trailer during towing, in transit or otherwise; and
h) The Hirer shall make his/her own insurance arrangements and assume all responsibility for any loss, damage or liability of or arising from using the Trailer while the Trailer is in the care and control of the Hirer or is being used by the Hirer insure his/her own property and towing vehicle against loss or damage for any reason whatsoever prior to towing or loading the Trailer and agrees that no claim for loss or damage to such property or vehicle however caused shall be made against the Owner.
i) The Hirer agrees that all covered or enclosed Trailers are not guaranteed to be water-proof or dust proof and that the Hirer is solely responsible for taking all adequate precautions to prevent water damage to any goods or property they enclose within the Trailer.
j) The Hirer agrees that an Excess Kilometre Fee of $5 per 100km or part thereof may be charged if the Trailer has travelled or deemed by the Owner to have travelled in excess of 100 kilometres from the pickup location or travelled in excess of 200 kilometres during the Hire Period if the Owner was not notified in advance of the hire or was otherwise mislead or misinformed.
20. The Hirer must not:
a) Use the Trailer on any Unsealed Road without Owners prior consent; and
b) Use the Trailer for any illegal purpose or for any race or contest or for any use or purpose for which it was not designed.
Long Term Hires
21. It is the Hirers responsibility to keep the Trailer in a roadworthy condition during the Hire Period. If the Hirer feels that the Trailer requires attention, they are to contact DJ Trailer Hire on 0457863677 to arrange an inspection or return of the Trailer as soon as possible;
22. Any faults with the Trailer must be reported to DJ Trailer Hire during normal business hours, prior to further use of the Trailer
23. DJ Trailer Hire reserves the right to exchange the Trailer with an equivalent Trailer at any time during the Hire Period.
Hire Period and return of the Trailer
24. The Hirer must return the Trailer:
a) to the place, on the date and by the time shown in the Hire Agreement (staffed return times are between 4pm and 5pm) unless the Owner has agreed to a change to the Hire Period; The Hirer can request an early return by calling 0457863677 with a minimum 2 hours notice. If the Owner accepts the request the hire agreement is deemed to be amended; and
b) in the same condition as it was at the Start of Hire, fair wear and tear excepted at Owners sole discretion.
25. The Hirer must, at their own expense, return the Trailer to the address stated in the Hire Agreement not later than the time specified for the conclusion of the Hire Period. If the Trailer cannot be returned by the time specified for the conclusion of the Hire Period, the Hirer must advise the Owner or its agent for that time and advise the Owner or its agent of the estimated time of return.
26. In the event of the Trailer not being returned by the time specified for the conclusion of the Hire Period, additional published day rate rental shall be charged for the Trailer on the same terms and conditions as are herein contained save and except that any Hire Charge will be adjusted to reflect the extended period of hire and the Hire Period will expire when the Trailer is returned to or recovered by the Owner.
27. In the event that the Trailer is not returned or a new Hire Agreement entered with the agreement of the Owner, all costs of and incidental to the location and recovery of the Trailer shall be paid for by the Hirer.
28. In the event that DJ Trailer Hire is unable to make contact with the Hirer and or any payment has not been honoured, the Trailer will be reported as stolen to the Police after a period of 12 hours.
29. In the event of the Trailer breaking down or being damaged the Hirer shall arrange at their own expense to return it to the Owner or its agent forthwith. The Hire Period will not conclude until the Trailer has been returned to the Owner or its agent; in no event shall the Owner be responsible or liable for any expenditure, damage, liability and/or loss (including without limitation any consequential or economic loss) incurred by the Hirer arising out of any breakdown or failure of the Trailer.
30. If the Hirer fails to return the Trailer to the Owner or its agent (other than in circumstances authorised by the Owner or agent in writing), the Hirer shall be responsible for all reasonable freight and other charges incurred by the Owner or its agent in respect of the delivery and return of the Trailer.
31. If the Trailer is not returned to the place of hire or location for return set out in the Hire Agreement for any reason but taken into possession by the Owner or its agent at any other location then it is hereby agreed that in such circumstances the Hirer agrees to pay a recovery fee of $2.00 per kilometre required by the Owner or its agent to travel to arrange the return the Trailer to the return address and any other out-of-pocket expenses associated with the recovery of the Trailer.
32. There is no refund for early return of the Trailer
Tolls, Fines and Additional Charges
33. All toll charges will be charged a $20 administration fee plus the value of the toll fee or fine.
34. All penalty and traffic infringement fines (example but not limited to, exceeding speed limit, red light camera and parking fine) will be charged a $40 administration fee to novate the penalty, infringement or fine to the Hirer.
35. The Hirer authorizes DJ Trailer Hire to charge its credit or debit card for all such administration charges plus the value of the fee or fine where applicable without any further authority required by DJ Trailer Hire and regardless of who was in possession or control of the Trailer when the fee or fine was incurred regardless of whether the Hirer or any other person intends to appeal or otherwise dispute the fee or fine.
Fees
36. The Hirer agrees to pay to the Owner the Hire Charge for the hire of the Trailer and any Damages.
37. GST is payable on the Hire Charge and is automatically included in all fees charged under this Hire Agreement. The Hirer's copy of this Hire Agreement is a tax invoice. 38. The Hirer agrees to be liable for all costs reasonably incurred by the Owner in the recovery of any outstanding amount payable pursuant to the Hire Agreement. This includes interest at the rate of [10]% per annum (compounded daily), any debt collection costs and commissions, and any legal expenses (including legal fees and disbursements on an indemnity basis).
39. The Hirer authorises the Owner to charge the Hirer's credit or debit card with the Hire Charge and any other amounts payable to the Owner under the Hire Agreement including damages within 24 hours of End of Hire
40. If funds are not available the Hirer authorises the Owner to repeat the charge process every 24 hours until the amount payable is settled in full or the Hirer can contact the Owner to arrange an alternate payment plan with acceptance of such at the Owners sole discretion.
Cancellation of Hire
41. Any booking for a Trailer may be cancelled by the Hirer at any time prior to the Start of Hire by contacting info@djtrailerhire.com.au or 0457863677.
42. The Hirer agrees to pay the Owner the following charges if the Hirer elects to cancel any Trailer booking:
a) If a booking outside of peak holiday periods and long weekends is cancelled greater than 72 hours of the Start of Hire no cancellation fee applies; for bookings during peak holiday periods and long weekends a fee equal to 25% of the hire fee will be retained and the balance refunded to the Hirer; or
b) If the booking is cancelled within 72 hours of the Start of Hire, a fee equal to 50% of the hire fee will be retained and the balance refunded to the Hirer; or
c) If the Hirer does not attend to collect the Trailer within 1 hour of the scheduled pickup time without notice, the Owner will attempt to contact the Hirer using the details provided within the Hire Agreement; and
d) If the Hirer cannot be contacted the Owner may cancel the booking and retain the entirety of the Hire Charge and no refund will be made to the Hirer; or
e) If the booking is cancelled due to poor weather at the time of the scheduled pickup time the Hirer can opt to upgrade to an enclosed trailer for an additional fee subject to availability or postpone the hire without penalty for up to 4 weeks subject to availability.
f) The sum of one days hire fee in the event that the booking is cancelled as a result of the towing vehicles trailer plug or wiring being faulty resulting in the trailer lights not working when tested
Damage to the Trailer
43. The Hirer agrees to be liable for any damage sustained to the Trailer during the Hire Agreement if;
a) the damage is caused by use or operation of the Trailer in contravention of any conditions in the Hire Agreement;
b) the loss or damage is accidental or damaged with intent;
c) the Trailer, is left unsecured is lost or stolen by reason of negligence or with the complicity of the Hirer as determined by independent investigation;
d) the loss or damage occurs due to the Trailer being overloaded or incorrectly loaded or used for a purpose for which it was not designed;
e) the Trailer is towed or used by a person other than the Hirer or a person named in the Hire Agreement;
f) the Trailer is used on an Unsealed Road or beach;
g) the Trailer is towed by the Hirer who is under the influence of a drug, or whose blood alcohol concentration as determined by breath test exceeds that permitted by law or who upon requirement lawfully made by a police officer in connection with their driving, towing or use of the Trailer fails to provide as prescribed a specimen of breath or blood for analysis;
h) the Trailer is subject to theft or loss or cannot be reasonably or economically repaired by the Owner the Hirer will be charged at new retail replacement cost of the Trailer or component as the case may be:
i) the Hirer is otherwise in breach of any condition of the Hire Agreement
44. The Trailer is not insured by the Owner against theft or loss while it is outside the Owners possession or control and it is the Hirers responsibility to keep it secure and insured through-out the Hire Period:
45. The Hirer is responsible for all puncture and tyre repair costs during the Hire Period and the Owner will accept no such claim for reimbursement of costs incurred if any by the Hirer.
46. The Hirer is liable for all published costs per Repair Costs Table contained herein for quantifiable loss.
47. The Hirer is liable for all non-published repair costs which will be treated on a case by case basis subject to assessment of the damage and or loss
Loss, Indemnity and Limitation of Liability
48. Subject to these Terms and Conditions, the Hirer is strictly liable:
a) for the loss of and all damage to, the Trailer during the Hire Period, and
b) for the loss of or all damage to the property of any person, including loads or goods carried by the Trailer, any personal property left in the Trailer, and any Third Party Loss, which is caused or contributed to by the Hirer or any person they allow to use the Trailer.
c) For injury to any person including the Hirer as a result of the Hirer using the Trailer for any and all purposes associated with the use of the Trailer either in negligence, accidental or willful default of the Hirer
49. The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owners servants and agents from and against all liability, expenses, damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the Trailer (by the Hirer and those whom it is responsible) or otherwise
50. The Owner shall not be liable to the Hirer or the Hirers servants and/or agents from any damages, suits, actions, claims, and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant State legislation), use, maintenance, transport, operation of the Trailer or otherwise.
51. To the extent that clauses 49 and 50 are inconsistent with other clauses, terms or conditions of the Hire Agreement clauses 49 and 50 shall prevail and override those other provisions to the extent of such inconsistency.
52. The Hirer agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs, interest and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the breach of this Hire Agreement by the Hirer or any Third Party Loss, save in the circumstances of loss and damage caused by the negligence or willful default of the Owner.
53. The Hirer has rights conferred by consumer protection legislation, including guarantees that the Trailer is of merchantable quality, matches any description or sample against which it is hired and any services are provided to the Hirer by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the Trailer or the hire of the Trailer.
54. To the maximum extent permitted by law and this Hire Agreement, the Owner accepts no responsibility or liability to the Hirer for any loss, damage, cost, expense, damage (including loss of use or enjoyment but excluding loss or damage caused by the negligence or willful default of the Owner) or any other liability resulting from:
a) any accident, breakdown or other failure of the Trailer;
b) loss of or damage to the Hirers or any other person's property, including personal property left in the Trailer; and
c) loss of or damage to any load or goods carried by the Trailer.
55. Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Hirer for any indirect, special or consequential damage arising in any way out of any matter covered by this Hire Agreement.
56. During the continuance of the hire the Hirer will not:
a) sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the Trailer or any interest of the Owner herein or create or allow to be created any security interest over the Trailer;
b) part with possession of the Trailer except to the Owner or contractors, employees or agents of the Owner named in the Hire Agreement; and
c) allow any lien to be created in respect of the Trailer for repairs or otherwise.
57. Without prejudice to the rights of the Owner to recover from a Hirer any monies due and damages for breach of the Hire Agreement, the Owner may enter into or upon any premises where the Trailer may be located for the purposes of repossessing the Trailer. The Hirer indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
58. To the maximum extent permitted by law and this Hire Agreement, the Owner and the Hirer are not liable to each other for default or failure in performance of its obligations pursuant to this Hire Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, labour or transportation or any other cause beyond the reasonable control of the relevant party to this Hire Agreement.
Personal Property Securities Law
59. The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) ("PPSA") – financing statement, interested person, register, proceeds, security agreement and security interest.
60. The Hirer acknowledges that:
a) by hiring the Trailer, they may be granting a security interest in the Trailer (and any proceeds) to the Owner, and that this Hire Agreement may constitute a security agreement.
b) Any security interest arising under this Hire Agreement attaches to the Trailer when the Hirer obtains possession of the Trailer and not at any other time; and
c) the Owner may perfect its security interest by lodging a financing statement on the PPSA register.
61. The Owner does not need to give the Hirer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
62. The Hirer must do anything reasonably required by the Owner to enable the Owner to register its security interest, with the priority it requires, and to maintain the registration.
Termination
63. The Owner may, notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate the Hire Agreement and immobilise or repossess the Trailer without prior notice or written demand in any of the following events:
a) if the Hirer shall fail to pay any Hire Charge when due;
b) if the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with their creditors or in the case of a Hirer being a limited company should an order be made or a resolution be passed for the winding up of such company; and
c) if, in the reasonable opinion of the Owner, the Trailer is at risk of damage, loss or confiscation or is otherwise used in a non-authorised manner.
64. Either the Hirer or the Owner may terminate the Hire Agreement at any time if the other party commits a material breach of the Hire Agreement.
Entire Agreement
65. The Hirer acknowledges that:
a) the Hire Agreement between the Owner and Hirer comprises the whole agreement between the parties and no collateral oral statements by the Owner, its agents, contractors or employees form part of this Hire Agreement; and
b) they have legal capacity to enter into this Hire Agreement; and
c) the singular includes the plural, the masculine gender includes the feminine in the interpretation of these Terms and Conditions.
Governing Law and Jurisdiction
66. The Hire Agreement and these Terms and Conditions are governed by the laws of Queensland. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Queensland and any proceeding brought in the Federal Court of Australia must be instituted in its Queensland Registry.
Repair Costs Table
Replacement ratchet strap $15
Replacement trailer net $75
Replacement tail light including number plate light $45
Replacement trailer plug $40
Replacement trailer plug adaptor $55
Replacement or wiring repair $50
Replacement D shackle $15
Replacement canvas cover $395
Replacement cage rear door $195
Replacement sign $75
Replacement trolley $70
Replacement ramps $250
Replacement spare wheel and tyre $125
Replacement jockey wheel assembly $85
Replacement trailer lock or key $40