Terms and Conditions - Murray Bridge Trailer Hire

1.1 Rental Contract

Your contract to hire a Trailer from Murray Bridge Trailer Hire Pty Ltd (Rental Contract) consists of:

(a) the agreement (Rental Agreement) You have signed to hire the Trailer from Us; and

(b) these rental Terms and Conditions (Terms and Conditions).

1.2 Jurisdiction

The Rental Contract is governed by the laws of South Australia and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law

You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

1.4 Electronic signatures

We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

⚠ IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 11 for further details.

2.1 Authorised Drivers

The Trailer can only be towed by a Towing Vehicle driven by You or an Authorised Driver. It is a Major Breach of the Rental Contract if You let anyone who is unauthorised tow the Trailer. If there is a Major Breach of the Rental Contract We may repossess the Trailer and You and any Authorised Driver are disqualified from the benefit of Damage Cover if purchased.

2.2 Age limits

We set a minimum and maximum age limit for those renting Our Trailers. You and any Authorised Driver must be at least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

2.3 Licence requirements

(a) You and any Authorised Driver must also have a valid licence to drive the Towing Vehicle which is:

(i) issued in an Australian state or territory or an international licence (with an valid International Driving Permit or approved translation into English if Your licence is not issued in English); and

(ii) not subject to any restriction or condition.

(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not tow the Trailer.

2.4 Cancelled and suspended licences

The Towing Vehicle must not be driven:

(a) whilst Your driver’s licence is cancelled or suspended, including as a result of an accumulation of demerit points; or

(b) if Your licence has been cancelled or suspended, within six (6) months of the date of the Rental Agreement.

2.5 False information

The Towing Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver’s licence.

⚠ IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 11 for further details.

3.1 The Trailer must not be towed by a Towing Vehicle driven by You or any Authorised Driver:

(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;

(b) recklessly or dangerously; or

3.2 You and any Authorised Driver must not:

(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;

(b) use the Trailer:

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) to carry illegal drugs or substances;

(iv) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

(v) in an unsafe or un-roadworthy condition.

3.3 You and any Authorised Driver must not:

(a) damage the Trailer deliberately or recklessly or allow anyone else to do so;

(b) modify the Trailer in any way;

(d) register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009.

3.4 You and any Authorised Driver must not use the Trailer to carry any load that exceeds the limits for which the Trailer was designed, constructed, registered or licenced.

⚠ IMPORTANT NOTICE

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 11 for further details.

4.1 The Trailer must never be towed:

(a) Off Road; or

(b) in any area where snow has fallen or is likely to fall.

4.2 The Trailer must not be used in any area that is prohibited by Us. Prohibited areas include:

(a) roads that are prone to flooding or are flooded;

(b) beaches, streams, rivers, creeks, dams and floodwaters;

(d) any road that is closed; and

(e) any road where it would be unsafe to tow the Trailer.

⚠ IMPORTANT NOTICE

A breach of any part of sub-clauses 5.3, 5.4, 5.5, 5.7, or 5.9 is a Major Breach of the Rental Contract. See clause 11 for further details.

5.1 Start of the Rental

At the Start of the Rental and before collecting the Trailer You must:

(a) present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be made and kept by Us;

(b) present Your passport if You are not an Australian citizen;

(c) fully inspect the Trailer to ensure that the condition of the Trailer and any pre-existing damage is accurately noted and shown in the Rental Agreement and if there is any discrepancy You must notify Us prior to leaving the Rental Station; and

(d) pay the anticipated Rental Charges and the Security Bond.

5.2 Security Bond

The Security Bond is fully refundable to You provided that:

(a) all amounts due to Us under the Rental Contract have been paid;

(b) the Trailer has been returned to the Rental Location at the date and time set in the Rental Agreement;

(d) the Trailer is clean; and

(e) there has not been a Major Breach of the Rental Contract,

5.3 Reasonable care

You and any Authorised Driver must take reasonable care of the Trailer by:

(a) preventing it from being damaged;

(b) making sure that it is protected from the weather;

(d) making sure it is not overloaded.

5.4 Operating the Trailer

(a) You must only tow the Trailer with the Towing Vehicle;

(b) You must ensure:

(i) the weight of the load is at least 70% in the front half of the cargo space on the Trailer;

(ii) the Aggregate Trailer Mass (Trailer plus load unhitched) does not exceed the lesser of the Towing Vehicle manufacturer’s recommended maximum towing mass or the Towing Vehicle’s towbar rating. The towing capacity of vehicles is usually provided in the vehicle operator’s handbook and You must also check the towbar’s manufacturer’s specification plate on the towbar as the two may differ;

(iii) the Trailer is correctly and safely connected to the Towing Vehicle and the safety chains are correctly fitted;

(iv) the coupling is attached to the Towing Vehicle at all times when loading, whilst loaded and during unloading, and You acknowledge the jockey wheel is for raising and lowering the Trailer and must not be used to manoeuvre the Trailer;

(v) the coupling handle is correctly down;

(vi) the Trailer’s tyres are inflated to the recommended PSI;

(vii) the Trailer lights are working correctly;

(viii) the jockey wheel must be stowed in ‘up’ position for all vehicle movements; and

(ix) all objects and body parts are free from moving parts whilst in operation as there are pinch points and crush zones that could cause injury or death.

(c) You must secure any property, goods, stock or equipment carried in the Trailer and use suitable tie down materials to ensure that under no circumstances will they fall from the Trailer during transit;

(d) You must comply with all road rules and regulations and You are always responsible for the correct and safe handling of the Trailer.

(e) You must not load the Trailer unless the area directly behind is clear for 20 metres and You must load it on level ground.

5.5 Tolls, fines and infringements

(a) You and any Authorised Driver must pay all speeding and traffic fines and infringements, tolls and any fines or charges imposed for parking the Trailer.

(b) An administrative fee applies if We are required to nominate You as the responsible driver of the Towing Vehicle if any, fine, infringement or toll is unpaid.

5.6 Notification of Trailer Fault

You must inform Us immediately if the Trailer develops any fault during the Rental Period. If You fail to notify Us and continue to use the Trailer You will be responsible for any Damage or Third Party Loss.

5.7 Repair without authority prohibited

You must not let anyone else repair or work on the Trailer or tow or salvage it without Our prior written authority to do so.

5.8 Repair with authority

Where We have given You Our prior authority to repair the Trailer You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.

5.9 Staying with the Trailer after an Accident

You must not leave the Trailer unattended following an Accident and before the arrival of a tow or salvage operator.

6.1 You and any Authorised Driver are liable for and must pay for:

(a) Damage to the Trailer, including its replacement cost if it is uneconomical to repair following an Accident;

(b) the replacement cost of the Trailer if it is stolen and not recovered, and

unless Damage Cover that provides indemnity for Damage to the Trailer or its loss through theft has been purchased at the Start of the Rental. For the removal of doubt, Damage Cover provides no indemnity for Third Party Loss.

6.2 Subject to these Terms and Conditions, if Damage Cover has been purchased and You or any Authorised Driver have an Accident or the Trailer is stolen We will indemnify You and any Authorised Driver for the Damage or theft of the Trailer up to a maximum amount of $5,000, but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft unless:

(a) We agree that You were not at fault; and

(b) there was another party involved who was insured and their insurance company accepts liability.

6.3 The Damage costs under clause 6.1 or the Damage Excess payable under clause 6.2 will be charged to Your credit card:

(a) after a repairer’s estimate or tax invoice verifying the amount charged for Damage has been sent to You; or

(b) if the Trailer has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Trailer will be recovered,

unless You have expressly authorised the charge to Your credit card at an earlier time.

7.1 Even if Damage Cover has been purchased at the Start of the Rental You and any Authorised Driver are always liable for:

(a) Third Party Loss;

(b) Damage to the Towing Vehicle;

(i) a Major Breach of the Rental Contract; or

(ii) the Trailer being towed by any driver who is not an Authorised Driver or who is less than 21 or more than 75 years of age;

(d) Underbody Damage; and

(e) Damage caused by immersion of the Trailer in water.

7.2 There is no Damage Cover for goods or property carried in the Trailer, whether the goods are owned by You or a third party, and You agree to fully indemnify Us for any claim for Third Party Loss arising from the use of a Trailer that occurs during the Rental Period.

7.3 There is also no Damage Cover for personal items that are left in or stolen from the Trailer or for loss or damage to property belonging to or in the custody of:

(a) You;

(b) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;

(d) Your employees.

8.1 Your Rental

Your rental of the Trailer from Us is for the Rental Period and at the rate shown in the Rental Agreement.

8.2 Extending the Rental Period

(a) We understand that circumstances change and that You may require the Trailer for longer than the Rental Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.

(b) If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension, and fail to return the Trailer on the scheduled date and at the time shown in the Rental Agreement, We may:

(i) terminate the Rental Contract; and

(ii) if the location of the Trailer is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Trailer as stolen to the Police.

8.3 Cancellation and ‘No Show’

(a) You will be charged the Rental Charges for the Rental Period as booked if:

(i) Your booking is cancelled within 24 hours prior to the Start of the Rental; or

(ii) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Trailer,

unless We are able to rent the Trailer to another renter for an equivalent term and rate.

(b) A cancellation is not effective until acknowledged and confirmed by Us.

8.4 Return of the Trailer

(a) You must return the Trailer:

(i) to the Rental Station;

(ii) on the date and by the time shown in the Rental Agreement;

(iii) in a reasonable state of cleanliness; and

(iv) in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted.

(b) If You return the Trailer:

(i) earlier than the date shown in the Rental Agreement there is no entitlement to a refund;

(ii) more than one hour after the date and time set for its return in the Rental Agreement, We will charge You one full day’s rental and a further full day’s rental at the standard rate for each 24 hour period or part thereof until the Trailer is returned to Us; or

(iii) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.

8.5 Post rental inspection procedure

(a) We will take reasonable steps to conduct a post rental inspection in Your presence;

(b) If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within four (4) business hours; and

8.6 End of the Rental

At the End of the Rental You must pay:

(a) the balance of the Rental Charges;

(b) the Damage Excess if Damage Cover was purchased and there is Damage to the Trailer or it has been stolen;

(i) any costs We incur, including extra cleaning costs in reinstating the Trailer to the same condition it was in at the Start of the Rental, fair wear and tear excluded;

(ii) for all Damage or loss of the Trailer through theft and arising from a Major Breach of the Rental Contract;

(iii) for all Underbody Damage; and

(iv) for any Damage caused by the immersion of the Trailer in water.

8.7 Credit card authority

If any amount is due to Us or remains unpaid, including:

(a) the Rental Charges;

(b) extra cleaning costs;

(d) the Damage Excess if Damage Cover was purchased,

You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.

8.8 Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract:

(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;

(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and

(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

8.9 Cancellation

If:

(a) Your booking is cancelled within 24 hours prior to the Start of the Rental; or

(b) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Trailer,

You will be charged the Rental Charges for the Rental Period as booked unless We are able to rent the Trailer to another renter for an equivalent term and rate.

9.1 We will provide You with a Trailer that is of acceptable quality and in good working condition taking into account the age of the Trailer but breakdowns do occur. If the Trailer breaks down during the Rental Period You must contact Us by phone on 08 8532 3233 or by email to admin@mbhire.com.au to arrange assistance. We will recover and repair the Trailer as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Trailer where one is available.

9.2 Subject to the Australian Consumer Law, We are not responsible for:

(a) loss of enjoyment; or

(b) consequential or economic loss.

9.3 We are also not responsible for tyre changing.

⚠ IMPORTANT NOTICE

A breach of any part of this clause 10 is a Major Breach of the Rental Contract. See clause 11 for further details.

10.1 If You or an Authorised Driver has an Accident or if the Trailer is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.

10.2 If the Trailer is stolen or if You or an Authorised Driver has an Accident whilst towing the Trailer, where:

(a) any person is injured;

(b) the other party has failed to stop or leaves the Accident scene without exchanging names and addresses; or

You and any Authorised Driver must also report the theft or Accident to the Police.

10.3 If You or an Authorised Driver has an Accident You and the Authorised Driver must:

(a) exchange names and addresses and telephone numbers with the other driver;

(b) take the registration numbers of all vehicles involved;

(i) the position of all vehicles before they are moved for towing or salvage;

(ii) the Damage to the Trailer;

(iii) the damage to any third party vehicle or property; and

(iv) the general area where the Accident occurred, including any road or traffic signs;

(d) obtain the names, addresses and phone numbers of all witnesses;

(e) not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;

(f) forward all third party correspondence or court documents to Us within 7 days of receipt; and

(g) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer’s office or any Court hearing.

If You or any Authorised Driver:

(a) commit a Major Breach of the Rental Contract in a way that causes Damage or theft of the Trailer; or

(b) tow the Trailer in a reckless manner so that a substantial breach of road safety legislation has occurred,

We may terminate the Rental Contract and take immediate possession of the Trailer and You and any Authorised Driver:

(i) are disqualified from the benefit of Damage Cover, if purchased at the Start of the Rental, and are liable for Damage to the Trailer or its loss through theft; and

(ii) are liable for and must pay any additional costs or expenses We incur in recovering the Trailer.

12.1 We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.

12.2 When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.

12.3 We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

13.1 Definitions

In these Terms and Conditions:

Accident means an unintended and unforeseen incident, including:

(a) a collision between the Trailer and another vehicle or object, including animals and roadside infrastructure;

(b) rollovers; or

that results in Damage or Third Party Loss.

Authorised Driver means any driver of the Towing Vehicle who is approved by Us to tow the Trailer and who is recorded on the Rental Agreement prior to the Start of the Rental.

Damage means:

(a) any loss or damage to the Trailer including its parts, components and accessories that is not fair wear and tear;

(b) towing and salvage costs;

(d) claims administration fee; and

(e) Loss of Use,

and for the removal of doubt, any Damage to the Trailer that makes it unroadworthy is not fair wear and tear.

Damage Cover means the cover purchased at the Start of the Rental at extra cost that provides indemnity to You and any Authorised Driver for Damage or theft of the Trailer under clause 6, subject to the Damage Cover Exclusions in clause 7. Damage Cover is limited to a maximum amount of $5,000 and does not provide indemnity for Third party Loss or for damage to or loss of goods or property carried in the Trailer.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Trailer has been stolen.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Trailer is returned to Us, whichever is the later.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Trailer is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach means a breach of any of the following:

(a) clauses, 2 (all parts), 3 (all parts), 4 (all parts), sub-clauses 5.3, 5.4, 5.5, 5.7, or 5.9, that causes Damage, theft of the Trailer or Third Party Loss; or

(b) clause 10 that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim.

Off Road means any area that is not a sealed nor an unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Rental Charges means the charges payable for renting the Trailer from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Location means the location from which the Trailer is rented, as shown on the Rental Agreement.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Security Bond means the amount We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental.

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Towing Vehicle means the vehicle described on the Rental Agreement as the vehicle that We have approved to tow the Trailer.

Trailer means the Trailer described in the Rental Agreement and includes its parts, components and accessories.

Underbody Damage means any damage to the Trailer caused by or resulting from contact between the underside of the Trailer and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

We, Us, Our, means Murray Bridge Trailer Hire Pty Ltd ABN 24 652 926 326.

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Trailer from Us and whose name is shown in the Rental Agreement.

13.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and

(b) where You comprises two or more persons each is bound jointly and severally.