The terms and conditions set out herein are the only terms and conditions upon which the hirer may hire the trailer from the Owner.
Definitions
“Owner” means registered independent owner of the trailer hire depot detailed on the front of the Hire Agreement Being Noosa Trailer Hire ABN 67688379279
“Trailer” refers to the vehicle hired out by the Owner and all equipment and accessories attached thereto.
“Hirer” is the party contracting with the Owner to hire a Trailer and identified as the Authorised Driver on the front of the Hire Agreement.
“Authorised Driver” is a driver authorised to drive a vehicle towing the Trailer, this includes the Hirer as well as any additional driver whose name and driving license number are listed on the front of the Hire Agreement.
“Hire Period” is the period between the specified Hire Date and Hire Time until the Return Date and Return Time on the front page of the Hire Agreement or until the Trailer is returned to the Owner by the Hirer if the hire is mutually agreed to be extended.
“Hire Charge” is the amount detailed on the front page of the Hire Agreement or resulting from the late return of the Trailer payable by the Hirer to hire the Trailer.
“Hire Agreement” is the document the Owner presents to the Hirer containing all details relevant to the Hire Period and to which these terms and conditions are annexed.
Liability of Hirer
1) The Hirer acknowledges that they have inspected to trailer at the time of hire and that the Trailer is clean and in a good serviceable condition and road worthy. The Hirer agrees to return the Trailer in a similar condition to that which the Trailer was in at the time of hire. If in the opinion of the Owner the Hirer returns the Trailer in a dirty condition or has caused excessive wear and tear, damage or damage through neglect or carelessness or abuse, then the Hirer agrees to pay for the Trailer to be cleaned and/ or restored to its condition as at the commencement of hire. Pre-existing damage, wear and tear is to be noted on the Hire Agreement as being present at the commencement of hire to protect the Hirer from liability. The Hirer shall be responsible for all freight and other charges incurred by the Owner or their Hirer in respect of the delivery and return of the Trailer except when authorized by the Owner in writing.
2) The Hirer agrees to make his own insurance arrangements for his/her property and the towing vehicle against loss or damage for any reason and accepts full responsibility for the towing vehicle, goods, vehicles, livestock and luggage carried in or on the Trailer and understands that the Owner does not accept responsibility for any loss or damage to, or caused by the same, regardless of cause.
3) The Hirer assumes all responsibility for any liability, including but not limited to public third-party liability, arising from the Trailer during the Hire Period.
4) The Hirer and not the Owner is totally responsible for any event of lost, stolen, or mislaid part of or entire Trailer regardless of the cause.
5) The Hirer is strictly liable for the loss of, or any damage, accidental or otherwise, to the Trailer, its equipment, accessories, load in or on the Trailer, and other people and road users, their property and possessions until the Trailer is returned to the Owner. The Hirer agrees that they will be liable to pay the Owner the value of any repairs, replacement or otherwise required to restore the Trailer to a similar condition as it was at the start of the Hire Period. The loss the Hirer is liable for includes transport and administrative costs incurred in the recovery of the Trailer.
6) The Hirer agrees to be liable for all the costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, debt collectors’ cost and commission and legal expenses.
7) The Hirer agrees to pay any insurance excess applicable for any insurance claim arising from their hire. Excess amounts are as follows: $300 for each claim plus additional age and or experience excess of $300 for drivers under the age of 23 years or with less than two years driving experience.
8) The Hirer agrees that if an accident takes place during the Hire Period and only if it is safe and possible to do so, they will take photos of the trailer, the accident scene and surrounds to aid in any insurance claim that may arise.
9) When hiring the Horse Float, the Hirer agrees and accepts that only 'broken in' and ‘float trained’ horses are permitted in the Horse Float. It is the responsibility of the Hirer to ensure that the float is suitable to safely transport their horse prior to booking and hiring. The Owner accepts no responsibility for the livestock being loaded, transported, or unloaded from the float and any injury or misfortune that may be experienced is the sole responsibility of the Hirer. NO other livestock other than horses are permitted in the float without the Owners express permission. The Float is not to be used for any other purpose than transporting horses. The float must be returned clean and free from urine and manure or a cleaning fee will apply at the Hirers expense.
Safety
10) The Hirer shall use the Trailer in a skillful and proper manner and shall not speed or overload it. The Trailer has a maximum total load capacity as marked on both the Trailer and the Hire Agreement.
11) The Hirer always agrees to carry the spare wheel provided for the Trailer and appropriate tools to change the wheel if needed.
12) The Hirer acknowledges that the Department of Transport and Main Roads requires safety chains and properly functioning lights on all registered trailers. It is the responsibility of the Hirer to comply with all regulations including lights, load capacity of the Trailer and towing capacity of the towing vehicle.
13) The Hirer guarantees the Owner that they and all Authorized Drivers have the knowledge, skill and ability required to enable them to carry out the loading and towing of the Trailer without incident or accident. The Hirer will not load or tow the Trailer without the knowledge, skill and ability required to fulfill this guarantee.
14) The Hirer has the responsibility to report any identified or potential faults with the Trailer immediately or as soon as possible to the Owner and the Hirer or any Authorized Drivers should not use the Trailer if there are any doubts about its roadworthiness.
15) The Hirer certifies that he/she as well as all Authorised Drivers are competent with (and not limited to):-
a) Correctly connecting and disconnecting the Trailer coupling hitch.
b) Correctly applying the safety chain connection(s) and crossing them over where two are fitted as per regulations with rated D-shackles supplied.
c) Correctly connecting the Trailer light plug to the tow vehicle and conduct light operation checks, prior to and after use.
d) Ensure safe load distribution on and off the Trailer.
e) Ensuring any load is safely secured during loading/unloading activities, or when parked or under tow. Winch ropes or cables are not to be relied upon to secure loads.
f) Correctly securing the swing-up jockey wheel locking pins and handle when the Trailer is both under tow and disconnected from the vehicle.
g) Ensuring a loaded Trailer is not disconnected from the tow vehicle.
h) Ensuring a Trailer, if disconnected from the tow vehicle, is secured with wheel chocks to prevent it from rolling and not reliant on the handbrake (where fitted) alone.
i) Adhering to the maximum load rating allowed for the Trailer as marked both on the Trailer and on the Hire Agreement.
j) Not operating the Trailer with over or under inflated tires.
k) Ensuring a 50mm tow ball is fitted to the Hirers towing vehicle which is compatible with the Trailers 50mm ball coupling.
l) Operating the winch in a safe manner on trailers where fitted and applying a dampener blanket to the winch rope or cable for safety in case of breakage.
m) Ensuring all locking pins, clamps, ramps, tailgates or otherwise are all secured prior to towing the Trailer.
Late Returns
16) The hire of the Trailer shall be limited to the Hire Period detailed on the front page of the Hire Agreement provided. If no period of hire is specified, then the period of hire shall terminate at 4pm one calendar day after the date of hire. The Hirer must at their own expense return the Trailer to the address stated on the front page of the Hire Agreement or place from which said Trailer was hired no later than the time of termination of the Hire Period.
17) In the event that the Trailer cannot be returned by the due return date and time the Hirer must before that time advise the Owner during normal office hours to provide an estimated time of return.
18) In the event of the Trailer not being returned by the scheduled return time stated on the front of the Hire Agreement, an additional Hire Charge shall be charged for the Trailer based on a new hiring agreement based upon the same terms and conditions as are herein contained save and except as to the Hire Period which will commence at the time the Trailer was due to be returned and end when the Trailer is returned to the Owner.
19) Failure to return the Trailer without advising the Owner of the late return will incur a Hire Charge until the Trailer is returned calculated at $10 per hour.
20) Late returns not advised as above more than 24 hours after the scheduled return time will be considered as stolen and the Hirer will be liable for prosecution for theft and all charges associated with recovering the Trailer.
General Points
21) The minimum age of the Hirer or any Authorised Drivers must be at least 18 years and they must hold a current license issued by an Australian State or Territory. International license and Learner Permit holders are not permitted to be Authorised Drivers.
22) The Hirer agrees that the Trailers are not waterproof, or dust proof and that the Hirer is responsible to take measures to prevent water or weather damage to any goods they put in or on the Trailer.
23) During the Hire Period the Hirer will not: - a) Sell, offer for sale, assign, mortgage, pledge or sub-let the Trailer or any interest of the Owner herein. b) Part with possession of the Trailer except to parties named on the Hire Agreement. c) Allow any lien to be created in respect of the Trailer for repairs or otherwise.
24) The Hirer is responsible for all traffic or parking offences as well as any toll charges incurred during the Hire Period and will pay any fines incurred during the Hire Period and the Owner will follow the procedures set by the relevant authority to transfer fines into the name of the Hirer.
25) The Hirer will only drive the Trailer on roads that constitute the national road system or properly constructed driveways.
26) Driving on unsealed roads is prohibited by the Owner and if the Hirer drives on unsealed roads, they will be liable for restoration costs for any damage caused while driving on unsealed roads such as, but not limited to, body work paint chipping or damage caused to electrical wiring. Unsealed driveways are acceptable for traversing however speed must be limited to 20km/h.
27) Driving the Trailer on four-wheel drive tracks, through more than 10cm of water, on beaches or riverbanks is strictly forbidden and the Trailer must not be submersed in salt water under any circumstance.
28) The Owner will not be liable for any loss or damage sustained because of any defect of the Trailer or by implication that the Trailer was available for hire in a particular condition.
29) In the unlikely event of a Trailer breaking down during the Hire Period the Hirer shall stop as soon as practicable and safe to do so and take photos of the Trailer and its load. The Hirer must contact the Owner for direction on its repair. In no event will the Owner be responsible for any loss of time or expenditure, damage and/or loss incurred by the Hirer arising out of any breakdown or mechanical failure of the Trailer due to overloading, improper or negligent use. If the Owner declares this is the cause of the breakdown the Hirer must arrange at his/ her own expense to return the Trailer to the Owner. If it is determined that the mechanical breakdown was not caused by the Hirer the Owner agrees to assist with repair or recovery of the trailer within 50km of the trailer depot during their normal business hours. If more than 50km from the trailer depot, and only on the written direction of the Owner, the Hirer agrees to have the trailer repaired by a suitably qualified person, the cost of which will be reimbursed by the Owner to the Hirer on the trailers return on provision of a receipt for the authorised work completed.
30) The Hirer authorizes the Owner to charge and debit the credit card of the Hirer for the Hire Charge as well as any additional charges, including, but not limited to, those fees or charges resulting from the late return, tolls and traffic or parking offences, recovery of any loss or damages, related to the hire of the Trailer.
31) The Hirer authorizes the Owner to charge and debit the credit card of the Hirer a non-refundable deposit of 50% of the Hire Charge at the time of making any booking and the value of this deposit will be deducted from the Hire Charge invoiced on collection of the Trailer.
32) There is no refund if the Trailer is returned early.
33) The Hirer will be charged a $20 cleaning fee for Trailers which are returned dirty.
34) The Hirer is responsible for the cost of puncture repairs and tyre replacements during the hire period. If a Trailer is returned to the Owner with a puncture a $50 repair fee is payable. In the event of a tyre being damaged beyond repair a replacement tyre will be charged at $130.
35) The Hirer agrees that the credit card provided must be in their own name and has sufficient fund available to cover all charges incurred during the Hire Period.
36) The Hirer agrees that in the event of incorrect license details being provided that the credit card details provided by the Hirer are proof of hire.
37) The Hirer acknowledges and warrants that all information provided by him/ her is true and accurate and can be relied upon by the Owner.
38) The contract between the Owner and Hirer comprises the whole agreement and that no collateral oral statements by the Owner, staff, agents, and/or other form part of the contract.
39) When using the ElecBrake device on trailers with an ATM greater than 2000kg the Hirer acknowledges and agrees with the following: -
a) The remote provided by the Owner must be plugged into a 12v power socket in the towing vehicles passenger cabin to enable connection to the trailer via Bluetooth.
b) The trailers taillights must be illuminated to power the ElecBrake device mounted on the trailer.
c) The remote is used to adjust the electric brake power setting using the + and – button and must be suitably adjusted for every change in load weight.
d) The Owner has provided me, the Hirer with verbal and practical instruction on the use of the ElecBrake system and I, the Hirer have understood and declare myself capable of using it and able to operate it effectively and legally.
40) The use of any tie down straps provided by the Owner is done at the Hirers own risk. It is the responsibility of the Hirer to ensure all straps are in good condition before use. If damage is visible the Hirer will not use the straps and report damage on return of the trailer. Straps broken or damaged during the Hire Period will be charged back to the Hirer at $25 each.
41) The Hirer will not rely on the winch rope or cable to secure vehicles or otherwise on car trailers. Vehicles on car trailers must have all wheels securely anchored to the Trailer deck using the trailers tie down points and the hirer agrees that they are capable and competent in securing their load.
42) The Hirer is free to travel with the Trailer anywhere within Queensland, ACT, New South Wales, Southeast South Australia and Victoria while adhering strictly to the terms and conditions above and only on sealed roads. Travel to Western Australia, Northern Territory, Tasmania and Outback South Australia is strictly prohibited.
