Hire Agreement Terms and Conditions
Definitions
“Owner” means registered independent owner of the trailer hire depot detailed on the front of the Rental Agreement.
“Trailer” refers to the vehicle rented by the Owner and all equipment and accessories attached there to.
“Hirer” is the party contracting with the Owner to rent a Trailer identified on the front of the Rental Agreement.
“Authorized Driver” is a driver authorized 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 Rental Agreement.
“Hire Period” is the period from the earlier of the date on the front page of the Rental Agreement or the time of delivery of the Trailer until the Trailer is returned to the Owner.
“Hire Charge” is the amount detailed on the front page of the Rental Agreement or resulting from the late return of the Trailer payable by the Hirer to hire the Trailer.
Hirer’s Liability
1) The Hirer acknowledges that at the time of hire 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 restored to its condition as at the commencement of hire. Pre-existing damage, wear and tear is to be noted in this contract 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 Trailers except when authorized by the Owner in writing.
2) The Hirer agrees to make their 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 and luggage carried in or on the Trailer and understands that the Owner will 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, theft, or mislaid part 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 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) All information supplied by the Hirer is true and factual
8) All trailers remain the property of Ballan Trailer Hire
9) The Hirer is both competant and capable to opperate and tow the trailer they are hiring
Safety
10) The hirer shall use the Trailer in a skillful and proper manner and shall not speed or overload it. It is suggested that weight should be 60% in the front half of cargo space.
11) When trailers are loaded they must stay attached to the hirer’s vehicle at all times, do not to rely on the jockey wheel to hold the weight.
12) Hirer agrees to carry the spare wheel provided for the Trailer and appropriate tools to change the wheel at all times.
13) The hirer acknowledges that the VicRoads requires safety chains and proper lights. It is the hirer’s responsibility to comply with all regulations including load capacity of the Trailer and of the towing car.
14) 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 fulfilling this guarantee.
15) 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 doubts about it’s roadworthiness.
16) 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 connections.
c) Correctly applying the Trailer light plug connections.
d) Conduct the light operation checks, prior and after use.
e) Ensure safe load distribution on and off the Trailer.
f) Ensuring any load is safely secured during loading/unloading activities, or when parked or under tow.
g) Correctly securing the jockey wheel when the Trailer is both under tow and not undertow.
h) The maximum load rating allowed for this Trailer.
i) Not to operate the Trailer with over or under inflated tyres.
Late Returns
17) The hire of the Trailer shall be limited to the Hire Period detailed on the front page of the Rental Agreement. The Hirer must at the Hirer’s own expense return the Trailer to the address stated on the front page of the Rental Agreement or place from which said Trailer was hired no later than the time for termination of the period of hire.
18) In the event that the Trailer cannot be returned by the due return time the Hirer must advise the Owner before that time and advise the Owner by calling 03 5368 1968 during normal office hours to provide an estimated time of return.
19) In the event of the Trailer not being returned by the scheduled return time stated on the front of the Rental Agreement, an additional Hire Charge shall be charged for the Trailer on the basis of 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.
20) Failure to return the Trailer without advising the Owner of the late return will incur a Hire Charge until the Trailer is returned calculate at a rate of $100 per day, or part thereof, plus the additional Damage Waiver fee, if applicable.
21) Late returns not advised as above more than 24 hours after the scheduled return time will be considered as stolen Trailers and the Hirer will be liable to prosecution for theft and all charges associated with recovering the Trailer.
General Points
22) The minimum age of the Hirer or any Authorised Drivers must be at least 18 years old
23) The Hirer agrees that the Trailers are not guaranteed to be waterproof or dust proof and that the Hirer is responsible to take measures to prevent water damage to any goods they enclose within the Trailer.
24) 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 this contract.
c) Allow any lien to be created in respect of the Trailer for repairs or otherwise.
25) 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 camera fines incurred during the Hire Period. The Owner reserves the right to charge the Hirer a $25 administrative fee per offence.
26) The Hirer will only drive the Trailer on roads that constitute the national road system or properly constructed driveways.
27) Driving on unsealed roads is strongly discouraged by the Owner and if the Hirer drives on unsealed roads they should not exceed 40km/h. Any damage caused while driving on unsealed roads such as, but not limited to, body work paint chipping will not be covered by the Damage Waiver and the Hirer will be liable for restoration costs, please see Hirer’s Liability and Damage Waiver sections for full details.
28) Driving the Trailer on four wheel drive tracks, through more than 10cm of water, beaches or river banks is strictly forbidden.
29) The Owner will not be liable for any loss or damage sustained as a result of any defect the Trailer or by implication that the Trailer was available for hire in a particular condition.
30) In the unlikely event of a Trailer breaking down the Hirer shall arrange at his own expense to return it to the Owner. 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.
31) The Hirer authorizes the Owner to charge and debit the Hirer’s credit card 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 to be charged and debited to the Hirer’s credit card.
32) The Hirer reserves the right to charge and debit the Hirer’s credit card a non-refundable deposit of $30 at the time of making any booking, the value of this deposit will be deducted from the Hire Charge invoiced on collection of the Trailer.
33) There is no refund in the event that the Trailer is returned early.
34) The Hirer will be charged a $25 cleaning fee for Trailers which are returned dirty.
35) The Hirer agrees that the credit card provided must be in their own name.
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 it 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 from part of the contract.