Terms & Conditions

Terms & Conditions of Hire

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ATH Terms & Conditions of Hire


Terms & Conditions of Hire
Effective as of: 11, July 2017 at: 01:00am
ABN 99 512 716 181
1. DEFINITIONS AND EXPLANATIONS
In these Terms and Conditions these words and phrases have the
following meanings:
(a.) “Owner” means JAGS Family Trust trading as Adelaide Trailer Hire PTY
LTD (ABN 99 512 716 181).
(b.) “Representatives” means employees or staff of Adelaide Trailer Hire
empowered to Hire out Trailers and sign Hiring Agreements on behalf of the
Owner.
(c.) “Hire” means to engage in the services of Adelaide Trailer Hire for a fee, for
the temporary use of its equipment or products.
(d.) “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.
2. 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: http://www.adelaidetrailerhire.com/terms–
conditions.html
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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: http://www.adelaidetrailerhire.com.html
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.
18. 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).
19. 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.
20. 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.)
21. 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.
22. 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.
23. 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.
24. 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_.p
df
24.3. The Hirer agrees that no person will ride in or on a moving Trailer at any time
what so ever.
25. 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.
26. 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.
27. LONG DISTANCE HIRES
27.1. The Hirer agrees that the Trailer shall remain within 300km 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 fees are charged for Hires that exceed
300km of the Adelaide CBD as per the current Distance Zone fee schedule.
Our current fee schedule can be found at:
http://www.adelaidetrailerhire.com/interstate–long-distance-fees.html
28. 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.
29. 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.
30. 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 which can be found at:
http://www.adelaidetrailerhire.com/trailer-load-projections.html
30.5. The Hirer agrees to ensure that no part of any load will part from or leave
the Trailer during transit or otherwise.
31. 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.
32. 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.
33. 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.
34. 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)
35. 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.
36. 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)
37. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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.
45. FEES AND CHARGES
45.1. The Hirer agrees to pay all fees and charges that apply as per these Terms
and Conditions of Hire.
46. 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 uncapable of towing a Trailer for any reason what so ever due to potential loss
of business to the Owner.
47. 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.
48. 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
49. 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.
50. 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.
51. 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.
52. 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.
53. LIMITATION OF LIABILLITY
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.
54. 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.
55. 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.
56. 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.
57. NO SALE AND ACKNOWLEDGMENT 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.
58. 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.
59. 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.
60. HIRE INSURANCE
60.1. The Hirer agrees that ATH Insurance will not apply in some circumstances.
It is a cover that limits the Hirers liability for accidental damage to Trailers or
Equipment only.
60.2. The Hirer agrees that ATH Hire Insurance can limit the Hirers commitment
to an excess charge.
60.3. 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.
60.4. 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.
60.5. The Hirer agrees that they will be financially responsible for the payment of
any insurance claim excess costs that may arise as a result of loss or
damage to a Trailer or Equipment.
60.6. The Hirer agrees that an additional excess will also apply if your Towing
Vehicle is driven by a young driver who is under 25 years of age or is over
25 years of age but has held a licence for less than two years.
60.7. Excess is as follows:
(a.) Over 25 years of age: $500
(b.) Over 25 but has held a licence for less than two years: $1000
(c.) Over 21 but less than 25 years of age: $1000
(d.) Over 18 but less than 21 years of age: $1500
(e.) Under 18 years of age: NO COVER
60.8. The Hirer agrees that insurance WILL NOT cover any Hirer less than 18
years of age.
60.9. The Hirer agrees to pay the excess to the Owner within 48 hours of the claim.
60.10. 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.
60.11. In signing the Hiring Agreement with the Owner, the Hirer agrees that the
Hirer can make no claim for loss or damage against the Owner.
60.12. 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.
60.13. 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
quickreply@adelaidetrailerhire.com