Trik Trailers Terms and Conditions of Hire
- The hirer shall be liable:
(a) If the trailer or any of its equipment is lost or stolen;
(b) For any cost incurred by the owner in recovering the trailer;
(c) for damage:
(i) to other property or claims by other person;
(ii) due to negligence or criminal action by the hirer;
(iii) resulting from overloading, speeding or misuse of the trailer;
(iv) When the trailer is overdue for return to the hiring depot or one-way depot and the dispatching agent or the head office of the owner has not been advised before expiry of the hire period;
(v) arising from more than one accident or event; or
(vi) When the trailer is not on or within ten metres of a bitumen road;
For the full amount of all loss, damage and/or expenses incurred by the owner and/or any other persons.
Without prejudice to I above, the hirer shall only be liable to the owner for any accidental damage occasioned to the trailer in circumstances other than those specified in I above up to a maximum of $200.00.
In the event that the trailer is involved in an accident, the hirer shall immediately advise Trik Trailers and complete an accident report.
- The hirer acknowledges that he has examined the said trailer and/or equipment, together with any coupling mechanism and that the said trailer and/or equipment and the coupling mechanism are in good condition and that the trailer and/or equipment is securely connected to the hirer’s motor vehicle. The hirer agrees to assume all liability for any damage to the towing vehicle arising out of the use of the said trailer and/or equipment. The hirer further agrees to periodically inspect the said trailer and/or equipment and coupling mechanism and to maintain the same in a safe dependable and secure condition whilst same are in the possession, custody, or power of the hirer. The hirer acknowledges that the trailer is in good repair and that it is clean and undertakes to return it in a similar condition (fair wear and tear excepted). Upon completion of the hiring the trailer must be properly cleaned by the hirer. Trailers returned in a dirty condition in the opinion of the owner shall be cleaned at the hirer’s expense at the current hourly rate.
- The hirer shall use the trailer in a skilful and proper manner and shall not speed or overload it. Trailers of 6’x4’ or 8’x5’ sizes must not be used to carry more than half a tonne. It is suggested that weight should be 60% in the front half of cargo space. The hirer must not exceed a safe speed. The hirer acknowledges that the Roads and Traffic Authority requires safety chains and functioning lights. It is the hirers responsibility to comply with all regulations including load capacity of the trailer and of the towing car. In relation to the tandem trailers, the hirer acknowledges that to comply with the Roads and Traffic Authority regulations the trailer must not gross more than 2000 kg.
- This agreement may not be transferred or assigned to any party without the consent in writing of the owner.
- The hirer shall make his own insurance agreements and assume all responsibility for any liability arising from the trailer while the trailer is in the care and control of the hirer or is being used by the hirer.
The trailer is not insured against theft and it is the hirer’s responsibility to keep it secure. The hirer is totally responsible for any lost, stolen or mislaid components or equipment of the trailer
- The owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this Agreement and repossess the equipment in any of the following events:
(a) If the hirer shall fail to pay any hiring charges when due.
(b) If the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment may be prejudiced.
(c) If the hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a hirer being a limited company, should an order be made or a resolution be passed for the winding up of such company.
(d) If the hirer commits any breach of this Agreement.
- On the termination of the period of hiring, the hirer at his own expense must return the trailer to the address stated within or if no such address is so stated to the Service Station or place from which it was hired provided that where previously arranged the trailer is taken on a one-way rental it may be returned by the hirer to a depot nominated by the owner. When the trailer cannot be returned at the due time the hirer must advise the owner or its agents before that due date and advise the owner of the estimated time of return. Trailers not returned by the agreed date where no advice of the late return is given as above, the rental of the trailer shall be treated for charging purposes, as a new hiring. The time of hiring commencing at the time of the original hiring should have ended and the charge will be at double rates together with any costs incurred in locating and recovering the trailer. Late hirings not advised as above and not advised in writing to the head office or the owner within 24 hours after the hiring expiry date will be considered as stolen trailer and will be liable for prosecution for theft.
- During the continuance of the hiring, the hirer will not:
(a) Sell, offer for sale, assign, mortgage, pledge or underlet the trailer or any interest of the hirer therein;
(b) Part with possession of the trailer;
(c) Allow any lien to be created in respect of the trailer whether for repairs or otherwise;
- The hirer shall be responsible for all freight and other charges where incurred by the owner or the hirer in respect of the delivery and return of the trailer except when authorised by the owner or his agent.
- In the event of a trailer breaking down the hirer shall arrange at his own expense to return it to the owner or its agent forthwith. The period the hire shall be determined upon such return of the trailer to the owner, in no event shall the owner be responsible for any expenditure damage and/or loss incurred by the hirer arising out of any breakdown or failure of the trailer, whether caused by fair wear and tear, negligence on I of the owner or any other reason whatsoever.
- In the above the word “owner” means “the owner of his agent” and the word “trailer” means “trailer and all equipment attached thereto or hired under this Agreement” and “hirer” means “ the person, firm or corporation hiring trailers from the owner.”
- This contract contains the whole agreement, and there are no oral or other agreements or understandings.