Terms & Conditions

ATH LOGO BLACKTerms & Conditions of Hire

Effective as of:  10, August 2019 at: 01:00am


  1. DEFINITIONS AND EXPLANATIONS

          In these Terms and Conditions these words and phrases have the following meanings:

  • “Owner” means JAGS Family Trust trading as Adelaide Trailer Hire PTY LTD (ABN 99 512 716 181).
  • “Representatives” means employees or staff of Adelaide Trailer Hire empowered to Hire out Trailers and sign Hiring Agreements on behalf of the Owner.
  • “Hire” means to engage in the services of Adelaide Trailer Hire for a fee, for the temporary use of its equipment or products.
  • “Hirer/Customer” means the person, business or organization Hiring the Trailer from Adelaide Trailer Hire, who has entered into a Hiring Agreement with the Owner.

(e.)       “Hiring Agreement” means the binding contractual agreement between the Owner and the Hirer.

(f.)        “Hirer’s Details” means the current personal information of the Hirer required to Hire a Trailer.

(g.)       “Hire Charge” means the agreed fee charged for the Hire of a Trailer.

(h.)       “Start Date and Time” means the date and time in which the Hiring Agreement commences.

(i.)        “Completion Date and Time” means the date and time in which the Hiring Agreement ends.

(j.)        “Security Deposit” means any sum of money that is taken as a security bond to cover minor repairs, equipment, late fees or any other charges that may result from a Hire.

(k.)     “Down Payment” means any sum of money that is taken to secure a booking of a Trailer.

(l.) “Cancellation Fee” means the fee charged for the Cancellation of a Hire.

(m.) “Period of Hire” means the Period in which a Trailer is Hired from the Owner as per the time and date stated on the Hiring Agreement.

(n.) “Late Charge / Late Fee(s)” means the amount owing to the owner if the  trailer  is returned late as per the date and time on the Hiring Agreement.

(o.) “Trailer(s)” means Trailers and all parts, attachments, accessories etc. that may have been supplied as part of the Hiring Agreement by the Owner.

        It does not include the Hirer’s personal loads or goods carried in the trailer or Personal Property placed in the trailer by the Hirer or any other person.

(p.) “Equipment” means further goods or accessories required by the Hirer.

(q.) “Load/s” means any items, goods, Equipment Personal Property and/or stock   carried in the Trailer.

(r.) “Personal Property” means any Property that is owned by the Hirer including the Towing Vehicle.

(s.) “Towing Vehicle” means the vehicle being used by the Hirer to tow the Trailer whilst under Hire.

(t.) “Site” means the pickup and drop off premises where the Owner Hirers and stores the Trailer.

(u.) “Distance Zone” means the furthest distance or location in which the Trailer will be used whilst under Hire.

(v.) “Excess Distance” means any distance the Trailer may travel past 100km of the Adelaide CBD whilst under Hire.

(w.) “Trailer Type” means the style or size of the trailer being Hired by the Hirer.

(x.) “Safe Towing Guides” means the documents provided to assist with the safe overall use of a Trailer whilst under Hire”

(y.) “Hirers Signature and Initials” means the written acceptance and acknowledgment of the Hiring Agreement, the Owners Safe Towing Guides and the Owners Terms and Conditions of Hire.

 

  1. BINDING CONTRACT

2.1.       Adelaide Trailer Hire agrees to Hire Trailers to the Customer based on the Terms and Conditions set out in this document. (As detailed below)

2.2.       This document defines the sole Terms and Conditions upon which a Hirer may Hire a Trailer from Adelaide Trailer Hire.

2.3.       If a Customer wishes to Hire a Trailer from Adelaide Trailer Hire, either the Owner (or its representatives) and the Hirer must complete and sign a Hiring Agreement which is conditional of the Hirer accepting the Owners Terms and Conditions of Hire.

2.4.       Adelaide Trailer Hire reserves the right to be able to change or alter their Terms and Conditions at any time without notice. Please read carefully the Terms and Conditions prior to signing the Hiring Agreement. Adelaide Trailer Hire’s Terms & Conditions are dated and the time is recorded with every update or change. The Terms & Conditions that are current at the commencement date and time on a Hiring Agreement will be used until the Hire Period Stated on the Hiring Agreement is met.

2.5.       In signing this Hiring Agreement the Hirer acknowledges and agrees with the Terms and Conditions of this binding contract.

2.6.       The Hiring Agreement is binding between the Owner and the Hirer; as such the Trailer must not be used by any other person who is not stated on the Hiring Agreement.

2.7.       If more than one person wishes to use a Trailer whilst under Hire, all persons wishing to use the Trailer must complete and sign a Hiring Agreement which is conditional of all Hirer’s accepting the Owners Terms and Conditions of Hire.

2.8.       During the period of this contractual agreement the Hirer must not part with possession of the Trailer.

2.9.       A copy of the Owners current Terms and Conditions can be found on Site upon Hire, or online at:  https://adelaidetrailerhire.com/terms-conditions/

 

  1. DECLARATION OF HIRER’S PERSONAL INFORMATION

3.1.       The Hirer agrees that the licence, credit/debit card and/or any other personal points of identification provided must all be current, correct and in the name of the Hirer.

3.2.       The Hirer agrees that the address on their driver’s licence is their current address.

 

  1. TERMS OF PAYMENT

4.1.       The Hirer agrees to pay the Owner all Hire Charges stated on the Hiring Agreement, prior to commencement of the Hire of the Trailer.

4.2.       The Hirer agrees that any additional fees and charges must be paid within 24 hours of issue.

4.3.       The Hirer agrees that all late fees will be paid within 24 hours of issue.

4.4.       The Hirer agrees that a $35.00 administration fee will apply for all reminder notices of outstanding fees or charges.

4.5.       The Hirer agrees that if payment is not made by the completion date and time stated on the Hiring Agreement, that late fees will apply as per the Hiring Agreement.

 

  1. CREDIT / DEBIT CARD PAYMENT

5.1.       The Hirer agrees that any fees or charges that arise as a result of Hire can be charged and debited automatically from the Hirers credit/debit card by the Owner.

 

  1. RETURN TIMES & LATE RETURN OF TRAILERS

6.1.       The Hirer agrees that the Trailer will be returned to the Owner’s Site by the date and time stated on the Hiring Agreement.

6.2.       The Hirer agrees that if the Trailer is not returned to the Owners Site by the completion time and date on the Hiring Agreement, Late Fees will apply as per the Hiring Agreement.

6.3.       The Hirer agrees that they must notify the Owner of any possibility of a late return of the Trailer. If the Trailer is not returned by the due time and date stated on the Hiring Agreement (without notification) then POLICE will be informed that the Trailer has been stolen and late fees will be charged as per the Hiring Agreement.

6.4.       The Hirer agrees that if the trailer is not returned to the Owners Site during business hours, that the trailer must be stored securely overnight and returned to the Owner the next day with additional late fees.

6.5.       The Hirer agree that an abandonment fee will apply if the trailer is abandoned outside the Owners Site after or before opening hours.

6.6.       The Hirer agree that an abandonment fee will apply if they abandon the trailer for any reason what so ever.

 

  1. COMPLETION OF HIRE

7.1.       The Hirer agrees that on the termination of the period of this agreement the Hirer at his own expense must return the Trailer to the place from which it was hired.

7.2.       The Hirer agrees that upon completion of hire, the trailer is to be returned to the place of hire and handed to the Owner or one of the Owner’s representatives and not left unattended.

 

  1. EXTENDING THE PERIOD OF HIRE

8.1.       The Hirer agrees that if they wish to extend the Period of Hire past the time and date stated on the Hiring Agreement, the Hirer must first pay the extra Hire Charge and sign a new Hiring Agreement stating the extended Period of Hire. (If Adelaide Trailer Hire’s Terms and Conditions of Hire have been updated prior to commencement of the extended hire, the new Terms and Conditions of Hire will take affect for the extension of the hire).

8.2.       The Hirer agrees that the Owner may deny the extension of a Hire if the Trailer is required for another Hirer or for maintenance.

 

  1. FAILURE TO MAKE PAYMENT

9.1.       The Hirer agrees that if they do not make payment of the extended Hire Charge within 2 hours of completion of hire, the POLICE will be called and the Trailer will be reported as stolen.

9.2.       The Hirer agrees that late fees will apply as per the Hiring Agreement if any fines or tolls are not paid to the Owner within 24 hours of issue.

9.3.       The Hirer agrees that their credit/debit card details may be kept on file and used to recover any outstanding amounts owing including late fees, underpayment of charges or to restore the trailer to its pre hire condition including cleaning and repairs.

 

  1. REFUND POLICY

10.1.   The Hirer acknowledges that Adelaide Trailer Hire will only ever refund Down Payments for bookings in the event that the trailer requested becomes unavailable for hire due to damaged during a previous Hire.

 

  1. LOSS OF TIME AND MONEY

11.1.     The Hirer agrees that they shall not be compensated for any loss of time or money incurred by the Hirer as a result of any component of mechanical failure of the Trailer.

 

  1. EARLY RETURNS

12.1.     The Hirer agrees and understands that there will be no refund for any early return of the Hired Trailer under any circumstances what so ever.

 

  1. TOW VEHICLE ISSUES

13.1.     The Hirer agrees that there will be no refund what so ever should the Hirers Towing Vehicle be unable to tow the trailer.

 

  1. LOST, STOLEN, DAMAGED OR UNSERVICABLE TRAILERS

14.1.     The Hirer agrees that there will be no refunds to the Hirer what so ever should the Trailer be damaged, stolen or unusable in any way whilst under Hire.

 

  1. CONTACT WITH THE HIRER

15.1.     The Hirer agrees to remain contactable at all times whilst under a Hiring Agreement with the Owner.

15.2.     The Hirer agrees that in the event that the Owner is unable to make contact with the Hirer, the Trailer will be reported stolen to the POLICE.

 

  1. BEFORE YOU HIRE A TRAILER

16.1.     The Hirer agrees that they have the necessary knowledge and skills required to enable them to carry out the connecting, loading and towing of the Trailer without incident or accident.

16.2.     The Hirer agrees that they have the skills and knowledge to safely tow and operate the Trailer prior to use.

16.3.     The Hirer agrees that they shall use the Trailer in a skilful and proper manner and shall not speed or overload it based on the rating on the Trailer’s compliance plate or the Towing Vehicles tow bar. A copy of the current South Australian Towing Laws & Regulations and Towbar Safety can be found on Site upon hire or online at: http://www.adelaidetrailerhire.com/safety.html

16.4.     The Hirer agrees that prior to use they will ensure:

(a.)       The Trailer coupling is correctly attached to the Towing Vehicle.

(b.)       The Towing Vehicles tow bar and ball are in good working order and rated for the required towing weights.

(c.)       The power cable is attached and in working order.

(d.)       The safety chain(s) are attached according to laws and regulations using only rated d-shackles.

(e.)       All lights are working correctly. (Indicators, brake, parkers and number-plate)

(f.)        Tyre pressure is correct as per manufacturer’s specifications.

(g.)       All gates are closed, loads are secure and accessories are attached safely.

(h.)       The Towing Vehicle is insured to cover the Towing of Trailers.

16.5.     The Hirer agrees that the jockey wheel must be in the raised and locked position whilst driving to avoid damaging the Trailer.

 

  1. SAFETY GUIDES & REQUIRMENTS

17.1.     The Hirer agrees and acknowledges that they have read and understood all instructions provided in Adelaide Trailer Hire’s “Safe Towing Guide” before they Hire a Trailer. A copy of the guide can be found on Site upon Hire or online at: https://www.adelaidetrailerhire.com

17.2.     The Hirer agrees that they will take regular rest breaks when towing a Trailer over long distances or for extended periods of time.

 

  1. HIRER’S TOWING VEHICLE

18.1.     The Hirer acknowledges a 50mm diameter tow-ball is a standard requirement for all Hire Trailers and must be fitted to the Tow Vehicle.

18.2.     The Hirer agrees that the Towing Vehicles towbar and tow ball are rated to carry out their intended task.

18.3.     The Hirer agrees that the Trailer will not be towed by any Vehicles with a greater than 4.5 tonne gross vehicle mass (GVM).

 

  1. RULES AND REQUIREMENTS

19.1.     The Hirer agrees that they must hold a current full drivers licence or provisional drivers licence to Hire a Trailer.

19.2.     The Hirer agrees that they will not tow a Trailer if they only hold a learners permit drivers licence.

19.3.     The Hirer agrees that the Towing Vehicle being used is registered and roadworthy.

19.4.     The Hirer agrees that they will NOT tow or use the Trailer whilst under the influence of any drug or intoxicating alcohol or with a blood alcohol level that exceeds the percentage permitted by law.

19.5.     The Hirer agrees that they are at least 18 years of age.

 

  1. CORRECT USE OF THE TRAILER

20.1.     The Hirer agrees that the Trailer will only be used to suit the manufacturer’s specifications and will not be used to perform any duties that may be considered unsafe or may cause damage to the Trailer.

20.2.     The Hirer agrees that the jockey wheel is designed for raising and lowering of the Trailer only and is not to be used to manoeuvre or restrain the Trailer.

20.3.     The Hirer agrees to have the coupling device attached to the Towing Vehicle at all times when loading, loaded or unloading. (If you climb into a Trailer while it is not coupled to a Towing Vehicle, it may tip or roll away causing potential damage or injury.)

 

  1. PROHIBITED USE OF THE TRAILER

21.1.     The Hirer agrees that the Trailer IS NOT to be used to transport cattle, livestock or any other animals what so ever.

21.2.     The Hirer agrees that the Trailer IS NOT to be towed or used by any person under the age of 18 years.

 

  1. ADDITIONAL PROHIBITED USE – CAR TRAILERS

22.1.     The Hirer agrees that they will not use the car Trailer winch to tie down or secure any vehicle to the car Trailer whilst towing in any way what so ever.

22.2.     The Hirer agrees that they will not drag car wrecks or heavy loads onto a Car Trailer as it may cause excessive damage to the Trailer.

22.3.     The Hirer agrees that they will use rated tie downs to secure the vehicle to the Trailer on ALL corners.

 

  1. UNSEALED SURFACES AND WATER

23.1.     The Hirer agrees that the Trailer is not to be taken through any water, rivers, dams, fords or any other body that may cause damage to the Trailer or its electrics.

23.2.     The Hirer agrees that they will not take the Trailer on any kind of dirt road, unsealed road or onto a beach.

 

  1. ROAD RULES AND LAWS

24.1.     The Hirer agrees that they will comply with all traffic laws and regulations whilst using the Trailer. (Remember, different States and Territories follow different towing laws.)

24.2.     The Hirer agrees that it is their responsibility to ensure all light Cables, chains and accessories are correctly attached and in legal working order and that it is not the Owners responsibility.  Current state legal requirements can be found at: http://www.transport.sa.gov.au/pdfs/personal_transport/light_vehicles_pdfs/MR_25_Lt_Vehicle_Towing_Trailer_Regs__GVM_4_5_tonnes_or_less_.pdf

24.3.     The Hirer agrees that no person will ride in or on a moving Trailer at any time what so ever.

 

  1. SPEED

25.1.     The Hirer agrees that they will not exceed 110km per hour or any other speed limit signs whilst towing a Trailer.

25.2      The Hirer agrees that should the Trailer be taken onto any dirt road or unsealed surface for any reason what so ever, they will not exceed 40km per hour.

 

  1. TRAILER RATINGS

26.1.     The Hirer agrees that they will not overload the Trailer as per the manufacturer’s specifications.

26.2.     The Hirer agrees that they have been informed of the Trailer’s legal load weight prior to Hiring the Trailer.

26.3.     The Hirer agrees that they will not overload the trailer in any way past the legal maximum load weight as stated and initialled on the Hiring Agreement.

 

  1. LONG DISTANCE HIRES

27.1.     The Hirer agrees that the Trailer shall remain within 100km of the Adelaide CBD unless prior consent is given by the Owner in writing on the Hiring Agreement.

27.2.     The Hirer agrees that additional distance fees of $5 per 100km will be charged for Hires that exceed 100km of the Adelaide CBD.

 

  1. LONG DISTANCE ZONES

28.1.     The Hirer agrees that they will declare any Hires that exceed 300km of the Adelaide CBD.

The Hirer agrees to pay any fees or charges relevant to the distance they travel.

 

  1. ATTACHMENTS AND ACCESSORIES

29.1.     The Hirer agrees that it is their own responsibility to provide load tie downs for the Trailer and that the Owner is not in any way liable for the tie downs or the methods that are used.

29.2.     The Hirer agrees that they will only use approved tie downs that are rated to withstand the load capacity to carry out the job at hand.

 

  1. SECURING LOADS TO A TRAILER

30.1.     The Hirer agrees that only rated and approved tie downs will be used when securing loads to the Trailer.

30.2.     The Hirer agrees that all loads will be secured to the trailer correctly as per the current legal requirements.

30.3.     The Hirer agrees that all loading ramps will be secured to the Trailer with the use of rated tie down straps to ensure the ramps are connected safely when loading or unloading.

30.4.     The Hirer agrees to secure all Loads within the parameter of the Trailer using suitable tie down materials and methods.  Any loads that project from the trailer must comply with the appropriate State laws.

30.5.     The Hirer agrees to ensure that no part of any load will part from or leave the Trailer during transit or otherwise.

 

  1. D SHACKLES

31.1.     The Hirer agrees that only rated d-shackles will be used to secure the trailer chains to the Towing Vehicle with a rating greater than the combined weight of the Trailer and the load being carried.

31.2.     The Hirer agrees that it is their own responsibility to provide the correctly rated D Shackles required to safely carry out the job at hand.

  1. MANUAL HANDLING

32.1.     The Hirer agrees that they will not lift, carry or move a trailer by hand as injury may occur.

32.2.     The Hirer agrees that they will follow the correct manual handling techniques when loading or unloading a Trailer and take regular rest breaks.

32.3.     The Hirer agrees that the Owner is in no way responsible for any injuries that may occur whilst hiring a Trailer.

 

  1. USE OF TRAILERS WITH ELECTRIC BRAKES

33.1.     The Hirer agrees that a brake controller unit must be used at all times whilst towing a car Trailer with electric brakes.

33.2.     The Hirer agrees that they have received the proper training before using any Trailer with electric brakes.

 

  1. MAINTAINING THE TRAILER WHILST UNDER HIRE

34.1.     The Hirer agrees that the Trailer is in a good, clean and serviceable roadworthy condition and in good repair at the commencement of Hire and agrees to return it in the same condition.

34.2.     The Hirer agrees that it is their responsibility to keep the Trailer in a roadworthy condition. If the Hirer feels that the Trailer requires attention, they are to contact the Owner, or technical support 24/7 and return the Trailer to arrange a maintenance inspection as soon as possible.

34.3.     The Hirer agrees that no jack or wheel brace is supplied as part of the Hire Agreement and it is the Hirer’s responsibility to carry their own at all times. (Ensure your wheel brace and jack is suitable for changing a tyre on a trailer as they can differ from other vehicles).

 

  1. TYRE MAINTENANCE WHILST UNDER HIRE

35.1.     The Hirer agrees that it is their responsibility to keep the Trailers tyres in a safe, roadworthy condition at all times.

35.2.     The Hirer agrees that they will ensure that all tyres have the correct tyre pressure as specified by the manufacturer prior to towing the Trailer. (40 psi or 300kpa)

35.3.     The Hirer agrees that they will maintain the correct tyre pressure in all tyres at all times as specified by the manufacturer on both the Trailer and their Towing Vehicle.

35.4.     The Hirer agrees that it is their responsibility to ensure the wheel nuts are tightened to prevent the tyre and wheel separating from the Trailer before use of the Trailer, at every stop and regularly whilst driving long distances.

35.5.     The Hirer agrees that spare tyres are supplied by the Owner and is to be carried with the Trailer at all times.

35.6.     The Hirer agrees that they are responsible to ensure the spare tyre is securely fastened to the trailer at all times and that the Owner will not be held in any way accountable if the spare tyre comes loose or separates from the Trailer in any way what so ever.

 

  1. REPORTING OF ISSUES WITH THE TRAILER

36.1.     The Hirer agrees that any faults with the Trailer must be reported to the Owner at any time (24 hours/7 days a week on any of the three numbers listed on the front or in the header of these Terms and Conditions of Hire, prior to further use of the Trailer.

36.2.     The Hirer agrees that if there are any faults or issues with the trailer that they will not continue to use the trailer in any way what so ever.

36.3.     The Hirer agrees that in the event of the Towing Vehicle or Trailer breaking down or being damaged the Hirer shall arrange the return of the Trailer at their own expense to the Owner on or before the completion time and date as part of the Hiring  Agreement.

36.4.     The Hirer agrees that they will not attempt to alter, service or repair the Trailer in any way excluding tyre pressure.

36.5.     The Hirer agrees that the Owner will be informed of all punctures prior to the changing of any tyres on any of the three phone numbers printed on the front of this Hiring Agreement.  (24 hours, 7 days).

 

  1. TRAILER SECURITY – STORAGE OF THE TRAILER AND OVERNIGHT SECURITY

37.1.     The Hirer acknowledges that the Trailer is not covered for theft and will remain secure from theft at all times whilst under their Hire.

37.2.     The Hirer agrees that they will keep the Trailer secure with padlocks, chains or coupling locks at all times whilst under Hire.

37.3.     The Hirer agrees that the Trailer will remain secure overnight in a secure location.

37.4.     The Hirer agrees that they will not leave the Trailer on the street overnight.

37.5.     The Hirer agrees that upon completion of hire, the trailer will be handed over to the Owner or Adelaide Trailer Hire Representatives and NOT left unattended or unsecure.

 

  1. DAMAGES AND REPAIRS

38.1.     The Hirer agrees that they will not continue using a Trailer should it be damaged or require repairs.

38.2.     The Hirer agrees that in the event of an accident or breakdown, it is their responsibility to return the Trailer to the Owners Site at their own expense.

 

  1. INSPECTION

39.1.     The Hirer agrees that the Trailer will be inspected upon return for any damages, excess dirtiness or anything else that changes the Trailer from its pre Hire condition.

39.2.     The Hirer agrees that at the completion of the Hiring Agreement, if the Owner considers the Trailer to be dirty or damaged, the Hirer will be deemed financially responsible to the owner for any expenses to have the trailer returned to its pre-hire condition.

39.3.     The Hirer agrees that the Owner may take several days to further inspect any damage to the Trailer after return of a Hire.

 

  1. LOST OR STOLEN TRAILERS AND EQUIPMENT

40.1.     The Hirer agrees to accept full liability for all costs relating to the Trailer in the event that the Trailer is lost or stolen in any way.

40.2.     The Hirer agrees that should a Trailer be lost or stolen whilst under Hire, they will be charged at new retail replacement cost of the Trailer and any Equipment.

 

  1. DAMAGES

41.1.     The Hirer agrees to accept full liability for all costs relating to the Trailer in the event that the Trailer is in any way damaged. The Hirer will be charged at new retail replacement cost of the Trailer and any Equipment.

41.2.     The Hirer agrees that any damage that can be repaired by the owner on site will be charged to the Hirer at the new retail replacement costs.

41.3.     The Hirer agrees that if a Trailer is in any way damaged beyond the Owners repair, the Trailer will be sent to a repairer for a repair quote.

41.4.     The Hirer agrees that it is their responsibility to make a claim with their insurance company and to contact Adelaide Trailer Hire with the claim number within 24 hours of the incident.

41.5.     The Hirer agrees that once the repairer has sent through their quote, their insurance company will be contacted to give authority to repair to the repairer.

41.6.     The Hirer agrees that if the Hirer is uninsured, the total cost will be invoiced to them personally and will need to be paid before repairs can begin.

41.7.     The Hirer agrees that if payment is not made and repairs are delayed, the Hirer will pay the loss of business at the daily Hire Rate of the Trailer until the repair costs have been paid.

41.8.     The Hirer agrees that the Trailer will be towed to the repairer at the Hirers expense.

 

  1. PUNCTURES TO TYRES

42.1.     The Hirer agrees that they are responsible for all punctures whilst the Trailer is in their possession and that the Hirer shall be financially liable for the current replacement cost of $100 or a matching new tyre.

 

  1. PAINT DAMAGE

43.1.     The Hirer agrees that they will be financially liable for any costs related to respraying the Trailer in the event that the paint is scratched, damaged, removed or excessively worn in any way.

 

  1. PAYMENT OF DAMAGES

44.1.     The Hirer agrees that any damages caused as a result of Hire can be charged and debited automatically from the Hirers credit/debit card by the Owner.

44.2.     The Hirer agrees that all damages caused as a result of Hire will be paid within 48 hours of incident.

 

  1. FEES AND CHARGES

45.1.     The Hirer agrees to pay all fees and charges that apply as per these Terms and Conditions of Hire.

 

  1. CANCELLATION AND CANCELLATION FEES

46.1.     The Hirer agrees that in the event that the Hirer wishes to cancel a Hire, they will forfeit any Down Payments made to the Owner to secure or reserve the Trailer.

46.2.     The Hirer agrees that any Down Payment made to secure a booking will be forfeited as a result of cancellation due to the Hirer’s Tow Vehicle being un-capable of towing a Trailer for any reason what so ever due to potential loss of business to the Owner.

 

  1. SPEEDING FINES, TOLLS AND TRAFFIC AND PARKING OFFENCES

47.1.     The Hirer agrees that they are responsible for any traffic or parking offences incurred during the period of Hire and will be financially liable for fines incurred during such hire. ANY FINES INCURED WHILST UNDER THIS HIRE AGREEMENT WILL BE FORWARDED TO THE HIRER.

47.2.     The Hirer agrees that all fines must be paid within 24 hours of issue.

47.3.     The Hirer agrees that any late payment fees will be forwarded to the Hirer for payment.

 

  1. ADMINISTRATION FEES

48.1.     The Hirer agrees and acknowledges that all fines e.g. traffic and tolls, but not limited to, will be invoiced a charge of $35.00 administration fee plus the value of the fine where applicable

 

  1. ADDITIONAL CHARGES

49.1.     The Hirer authorises the Owner to charge the Hirer via invoice, direct debit or credit card for any additional charges that may result from the Hiring Agreement that has not already been covered under the Terms and Conditions.

 

  1. LATE FEES

50.1.     The Hirer agrees that late fees will apply and the first day’s late fees will be charged as soon as the Trailer is not returned past the time and date on the Hiring Agreement.

50.2.     The Hirer agrees that late return fees apply and will be charged as per the Hiring Agreement. Late fees are calculated as one day’s hire plus 90% and charged each day the Trailer is late. If the late return of a Trailer conflicts with another Hire and that Hire is lost, the Hirer will be financially responsible for the costs involved for the loss of business.

 

  1. TRAILER RECOVERY & ABANDONMENT FEES

51.1.     The Hirer agrees that they are liable to pay in full to the Owner the standard Trailer recovery fee of $49 plus $20.00 per Kilometre round trip should the Hirer fail to return the Trailer to the place of Hire.

51.2.     The Hirer agrees that they will not abandon the trailer under any circumstances what so ever.

51.3.     The Hirer agrees that a $500 abandonment fee will apply.

 

  1. EXCESS DISTANCE FEES

52.1.     The hirer agrees that an Excess Distance fee will apply for any Hire exceeding 100km of the Adelaide CBD as per the current fee schedule.

52.2.     The Hirer agrees that a fee will apply if the Hirer is caught exceeding the distance limit stated on the Hiring Agreement.

 

  1. LIMITATION OF LIABILITY

53.1.     The liability of the Owner is limited as follows:

(a.)          The Owner is not liable for any costs relating to the Trailer in the event that the Trailer is lost, stolen or in any way damaged. The Hirer will be charged at new retail replacement cost of the Trailer and any Equipment.

(b.)       The Owner is not liable for any damage caused to the Towing Vehicle as a result of the connecting or disconnecting of a Trailer.

(c.)       The Owner is not liable for any fines that may occur for the malfunction of lights or the over loading of Trailers.

(d.)       The Owner is not liable for any injuries that may occur whilst Hiring a Trailer from the Owner.

 

  1. SECURITY DEPOSITS AND DOWN PAYMENTS

54.1.     The Hirer agrees that any Deposits or Down Payments may be withheld for several working days for processing before payment is returned to the Hirer.

 

  1. SECURITY DEPOSITS

55.1.     The Hirer agrees that a Security Deposit may be required to cover any minor costs incurred upon Hire of a Trailer.

55.2.     The Hirer agrees that a Security Deposit may be withheld to cover any costs incurred upon return of the Trailer. If extra costs are involved, The Hirer will be charged via invoice for immediate payment.

55.3.     The Hirer agrees that any Security Deposit paid will be forfeited to the Owner should the Trailer be returned past the date and time on the Hiring Agreement.

 

  1. DOWN PAYMENTS

56.1.     The Hirer agrees and acknowledges that upon booking a Trailer, the Owner may require a Down Payment to reserve a Trailer.

 

  1. NO SALE AND ACKNOWLEDGEMENT OF OWNERSHIP

57.1.     The Hirer agrees that this is a Hiring Agreement only and does not constitute or give rise to any sale of the Trailer or Equipment to the Hirer.

57.2.     The Hirer agrees and acknowledges that Adelaide Trailer Hire is the sole exclusive Owner of the Trailer(s) and all Equipment supplied in the Hiring Agreement.

57.3.     The Hirer agrees that nothing in these Terms and Conditions confers any option on the Hirer to purchase the Trailer, Equipment or any part thereof.

 

  1. PRIVACY

58.1.     The Hirer agrees that the Owner will collect certain information from you including your name, contact details, date of birth, address and driver’s licence number as well as other information.

58.2.     The Hirer acknowledges that the Owner will take reasonable steps to protect your personal information from misuse.

58.3.     The Hirer accepts that the Owner may use personal information as part of possible future promotions and offers.

58.4.     The Hirer acknowledges that the Trailer may have a tracking device fitted for monitoring purposes.

58.5.     The Hirer acknowledges that the Owner may keep their personal information or details on file including licence details, credit card details and/or bank details.

58.6.     The Hirer agrees that the Owner may use their credit card details for the retrieval of payment of unpaid fees or charges.

58.7.     The Hirer agrees that the Owner may use their credit card details for the retrieval of payment of damages or repairs to the Trailer or its Equipment.

 

  1. PRIVACY POLICY

When you hire a tailer from Adelaide Trailer Hire, we collect certain information from you including your name, contact details, date of birth, address and driver’s licence number.
We collect this information to provide the services requested and to ensure all necessary administration aspects are adhered to.  We may also use your information to assist us with marketing research and development to improve our services, or to inform you of upcoming promotions. We may contact you by email, telephone, txt, fax or any other form of communication until you opt out.
Your Privacy is important to us and we ensure we will do everything in our power to keep your information private. All information we collect on you will remain within Adelaide Trailer Hire’s data base and will not be disclosed to any third parties excluding: credit card providers, credit reporting and fraud checking agencies, debt collection agencies, if you default in payment of amounts owed to us, councils, government and private organisations responsible for the processing of traffic related infringements, in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim, driver licensing authorities and government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.

 

  1. ADELAIDE TRAILER HIRE INSURANCE

60.1.     The Hirer agrees that Adelaide Trailer Hire insurance is included with every hire however will not apply in some circumstances.

60.2.     The Hirer agrees that Adelaide Trailer Hire insurance is a cover that limits the Hirer’s liability for accidental damage to Trailers or Equipment only.

60.3.     The Hirer agrees that if Adelaide Trailer Hire insurance applies, the Hirer will be financially responsible to pay a $1000 excess fee to the Owner.

60.4.     The Hirer agrees that that if Adelaide Trailer Hire insurance DOES NOT apply, the Hirer will be fully financially responsible to cover expenses to recover or repair loss or damage to a Trailer or Equipment.

60.5.     The Hirer agrees that it is their responsibility to insure their own Personal Property and Towing Vehicle are insured against loss or damage for any reason whatsoever.

60.6.     The Hirer agrees that the Owner is no way liable for any loss or damage to the Hirers Towing Vehicle or Personal Property what so ever.

60.7.     The Hirer agrees that insurance WILL NOT cover any Hirer less than 18 years of age.

60.8.     The Hirer agrees to pay the excess fee to the Owner within 48 hours of the claim.

60.9.     The Hirer agrees that ATH Insurance will not apply cover in the following Circumstances:

(a.)       Where the Trailer or Equipment is lost or stolen.

(b.)       Where the Hirer has breached any clause of these Terms and Conditions of Hire or has failed to comply with the terms of the hire agreement that they have signed.

(c.)       Where the damage is caused by the negligence of the Hirer.

(d.)       Where the damage is caused by vandalism, or in any way whatsoever other than by the ordinary use of the Trailer or Equipment.

(e.)       Where the damage is caused while the Trailer or Equipment is being driven or towed on any road that is unsealed or on any beach.

(f.)        Where the Trailer or Equipment is water damaged through neglect or misuse.

(g.)       Where the damage is caused in any way by overloading the Trailer or Towing Vehicle.

(h.)       Where the Hirer has failed to keep the Equipment in a securely locked compound.

(i.)        Where the Towing Vehicle is not registered.

(j.)        Where the Towing Vehicle is driven by a person that is unlicensed.

(k.)       Where the Driver of the Towing Vehicle is under the influence of any drug or intoxicating alcohol or whose blood alcohol level exceeded the percentage permitted by law in the State or Territory where the accident occurred.

(l.)        Where the Hirer refused to submit to any test to determine the level of alcohol or drugs in the blood when reasonably requested by the police.

(m.)      Where the damage is to the Trailers tyres.

(n.)       Where the Trailer is being used to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes.

(o.)       Where the Hirer uses the Trailer in an unsafe or un-roadworthy condition.

(p.)       Where the Hirer uses the Trailer or Towing Vehicle to carry or tow a load greater than that for which the Vehicle was constructed to carry.

(q.)       Where the Trailer is being used in any opencast or underground mining activity.

(r.)        Where the Towing Vehicle is being driven by anyone under the age of 18 years.

(s.)       Where the Hirer has failed to submit to the Owner a Police Report on the incident within 24 hours of the alleged incident occurring.

60.10.   The Hirer agrees that the Hirer can make no claim for loss or damage against the Owner.

60.11.   The Hirer agrees and acknowledges that it is their responsibility to ensure the security of the trailer and items covered in these Terms and Conditions.

60.12.   The Hirer agrees that they shall indemnify and keep indemnified and save harmless the Owner from all 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 or otherwise.

 

If you have any questions, please don’t hesitate to contact us at any time.

www.adelaidetrailerhire.com

adelaidetrailershop@gmail.com