The terms and conditions of hire set out herein are the only terms and conditions upon which the
hirer may hire the Cars &Trailers from the Owner and/or its agent.
TERMS AND CONDITIONS OF HIRE
1. In this document the word "Owner" and A-Z Trailer hire means A-Z Trailer hire Pty Ltd ABN 52906467743 and/or its related companies (as defined in the Corporation Act 2001) and/or its agents and the word “Cars & Trailers” means “Cars & Trailers” and all equipment attached there to or hired under the hire contract.
2. The Hirer will at or before the commencement of hire inspect and confirm for itself that the Cars & Trailers or Trailer is in a good and serviceable condition.
3. Hirer agrees to insure his/her own property and towing vehicle against loss or damage for any reason whatsoever prior to loading or towing Cars & Trailers or trailers and agrees that no claim for loss or damage to such property or vehicle shall be made against the A-Z Trailer hire.
4. The hirer shall use the Cars & Trailers in a skilful and proper manner and shall not speed or overload it or use it other than for its normal intended purpose. Trailer dimensions advertised are approximate only, if there is any doubt on the capacity required it is recommended to select the next size up.
Trailers of 6' x 4' to 8' x 5' sizes must not be used to carry more than 250-500kg. The weight of the load must be at least 70% in the front half of the cargo space on the Trailers. The hirer must not exceed 80km per hour or less where lower speed limits apply. The Car Trailer must not carry more than 1900kg and be tied down to Services NSW rules and regulations. The hirer must not exceed 90km per hour on the car trailer. The hirer acknowledges that the relevant Australian Transport Authority requires safety chains and proper lights. It is the hirer's responsibility to comply with all applicable rules and regulations including load capacity and operation of the Cars & Trailers or trailer and of the towing car. The Hirer guarantees that they and any named authorized drivers and any other persons they allow to use the Cars & or Trailers:
(i) have the knowledge, skill and ability required to enable them to carry out the loading and towing of the Trailers safely and without incident or accident;
(ii) will take due care by following the safety instructions under these terms and conditions and any other safety instructions or guidelines that the Owner may provide; and
(iii) will follow any other applicable requirements and recommendations for the Cars & Trailers loading and towing issued from time to time by the relevant Australian Transport Authority. The Hirer will not itself and will not allow others to load or tow the Cars & Trailers without the knowledge, skill and ability required fulfilling these guarantees.
5. The Hirer agrees that it will not load, tow or otherwise travel with the Car or Trailers on any kind of unsealed road/roadway/laneway or any other transportation route. An unsealed road is defined as a road that does not have a sealed bitumen surface. UNDER NO CIRCUMSTANCE ARE THE CARS & TRAILERS OR TRAILERS TO BE TAKEN ONTO THE BEACH OR SUBMERSED INTO SALT WATER.
6. Secure your load - Hirer agrees to secure all property/goods or stock within the parameters of the Cars & Trailers or trailer so as to ensure that the said loads or part thereof will not under any circumstances part from or leave the Car or Trailers during transit or otherwise (see clause 3 above regarding insurance). The Hirer is responsible for the correct and safe connection of the Trailers to the towing vehicle. The Hirer will secure their load using suitable tie down materials.
7. The Hirer agrees that all fully enclosed trailers are not guaranteed to be water- proof or dust proof and that the hirer is responsible to take precautions to prevent water damage to any goods they enclose within the Car or Trailer.
8. Hirer agrees to have coupling attached to the tow vehicle at all times when loading, whilst loaded and during unloading. The jockey wheel is for raising and lowering the trailers and is not to be used to manoeuvre the trailers.
9. Upon completion of the hiring, the Cars & Trailers must be properly cleaned by the hirer. Cars & Trailers returned in a dirty condition in the opinion of the Owner shall be cleaned at the hirer's expense.
10. The hire contract may not be transferred or assigned to any other party without the prior consent in writing of the Owner.
11. The Hirer shall make his own insurance arrangements and assume all responsibility for any loss, damage or liability of or arising from the Cars & Trailers, or vehicle while the Cars & Trailers are in the care and control of the hirer or is being used by the hirer. The trailer MUST have a WHEEL LOCK on whilst unattended. The Car or trailer is not insured by the Owner against theft or damage while it is outside the Owners possession or control and it is the hirer's responsibility to keep it secure. The Hirer accepts full liability for any costs and expenses of repair or replacement relating to the Cars & Trailers in the event that the Cars & Trailers are lost, stolen or in any way damaged. In the event of damage to the Cars & Trailers or components, if the damage cannot reasonably or economically be repaired by the Owner the hirer will be charged at new retail replacement cost of car or trailer, vehicle or component as the case may be.
12. The Hirer authorises all charges for the hire of the Cars & Trailers to be charged and debited to the Hirers credit card or debit card along with any credit or debit card surcharge.
13. The Hirer agrees that all additional charges related to the hire of the (including, without limitation, all costs and charges in connection with any breach by the Hirer of the hire agreement and these terms and conditions) will be automatically charged and debited to the Hirers credit or debit card. If additional charges are not paid, then further action will be taken to recover monies owed. Any changes to bookings such as (but not limited to) time, date, location or size of Cars & Trailers or trailer will incur a $10 change fee.
14. The Hirer must hold a valid NSW Drivers Licence (that allows for towing of the hired trailers) and confirms that they are the same person as named in the licence provided, holding a NSW licence only.
15. The Hirer agrees that in the event of incorrect licence details being provided, that the credit card details provided by the hirer, is proof of hire.
16. On the termination of the period of hiring, the Hirer at his own expense must return the car or trailers to the address from which it was hired. The car or trailer must be parked in the Site's designated car park/area and secured before the hire will be ended (unless otherwise agrees with prior to drop off). The hirer acknowledges and agrees to pay in full to A-Z Trailer hire the standard car or trailer recovery fee of $2100.00 should the hirer fail to return the hire item to the address stated on the hire contract docket.
17. When the Car or trailer cannot be returned by the due time at the expiration of the hiring period (due time) the hirer must advise A-Z Trailer hire by calling 0420306370 during normal business hours before that due time. The hirer must advise A-Z Trailer hire of the estimated time of return and accept charges to the credit or debit card to extend the original hire period, subject to availability. A-Z Trailer hire reserves the right to refuse an extension and require the Car or trailer to be returned by due date and time. This step terminates the contract between A-Z Trailer hire and the Hirer at the date and time advised by A-Z Trailer hire. Upon termination of the contract, failure by the hirer to return the car or trailer will be deemed intent on the part of the hirer to not return the car or trailer and the Police will be informed and the car or trailer reported as stolen. When a car or trailer is not returned by expiration time of the agreed hire period the post due-time period until return of the car or trailer shall be treated for charging purposes as overdue. The charge for overdue cars or trailers will be 150% of the difference between the charge for the original hire period and the charge for the next available hire period ending when the car or trailer is returned. Late return not advised as above within 24 hours after the hiring expiry date will be considered as a stolen vehicle and the hirer will be liable to prosecution for theft and all charges associated with recovering the vehicle.
18. The Hirer authorises A-Z Trailer hire to send SMS correspondence to offer extensions, subject to availability.
19. During the continuance of the hiring, the hirer will not -
(a) Sell, offer for sale, assign, mortgage, pledge or underlet the car, trailer or any interest of the hirer therein;
(b) Part with possession of the car or trailer;
(c) Allow any lien to be created in respect of the car or trailer whether for repairs or otherwise.
20. The hirer acknowledges that the Owner may use satellite tracking devices on any of its hire equipment. The hire agrees and acknowledges that the Owner and/or its business partners may use and disclose data recorded in relation to this rental in conjunction with any future promotional or marketing undertaken by the Owner or business partners.
21. The hirer shall be responsible for all other charges and freight where incurred by the Owner or the hirer in respect of the delivery and return of the car or trailer.
22. In the event of a car or trailer breaking down the hirer shall arrange at his own expense, to return it to the Owner or its agent forthwith. The period of the hire shall terminate upon such return of the car or trailer to the Owner; in no event shall the Owner be responsible for any expenditure damage, liability and/or loss (including, without limitation any consequential or economic loss) incurred by the hirer arising out of any breakdown or failure of the car or trailer.
23. In the event of the hirer being delayed in returning the car or trailer, the hirer is required to advise A-Z Trailer hire on 0420306370 at least 24 hours before the expiry time of the hire period, as stated on the contract. If further delay is experienced and the amended return time cannot be met, the hirer is then required to give further notice to that effect. The hirer agrees to indemnify the Owner against any costs and losses incurred by the Owner (including, without limitation, any consequential or economic loss) arising directly or indirectly in connection with the hirer's failure to provide such timely information.
24. Except to the extent (if any) otherwise provided in the hire agreement the Hirer will be totally responsible for any loss or damage caused to the car or trailer during the hire period and before its return to the Owner or its agent. In the event of an accident, the hirer will be liable for any costs incurred and all recovery charges to have the car or trailer returned to the nearest A-Z Trailer hire repair location. This includes all towing and storage fees incurred from the date of the accident under these terms for the recovery of and repair of the car or trailer.
25. INDEMNITY: The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner's servants and agents from and against all liability, expenses, 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 Cars & Trailers (by the Hirer and those for whom it is responsible) or otherwise.
26. LIMITATION OF LIABILITY: The Owner shall not be liable to the Hirer or the Hirer's servants and/or agents from any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant State legislation), use, maintenance, transport, operation of the car, trailer or otherwise
27. OPERATION OF CLAUSE: To the extent that clauses 25 and 26 are inconsistent with other clauses, terms or conditions of the hire contract clauses 25 and 26 shall prevail and override those other provisions to the extent of such inconsistency.
28. The hirer agrees that he will not allow repairs to be carried out or costs to be incurred on the Owner's behalf without having first obtained an authority number from the Owner.
- Hirer agrees to carry a spare wheel for the car or trailers at all times.
- Hirer agrees to carry a wheel brace and jack at all times,
A-Z Trailer hire does not supply these items. The Hirer acknowledges that he is responsible for all punctures and that no claim or refund for tyres will be met without presenting the tyre in question to the Owner.
29. Late return fees, extended hire charges, car or Trailer recovery charges and all other fees, charges, costs and expenses payable by the Hirer under these terms and conditions and the hire agreement may be debited by the Owner to the Hirers credit or debit card.
30. IMPORTANT TOWING VEHICLE LIMITATIONS
The Aggregate Cars & Trailers Mass (i.e. mass of Cars & Trailers plus load) MUST NOT exceed the maximum towing capacity of the tow vehicle as specified by the vehicle manufacturer. The towing capacity of vehicles is usually provided in the vehicle operator's hand book. Also check towbars manufacturers specification plate on towbar as the two may differ.
31. MAXIMUM LOAD ON SMALL SINGLE AXLE TRAILERS UNBRAKED 250kg
MAXIMUM LOAD ON LARGE SINGLE AXLE TRAILERS UNBRAKED 500kg
32. A 50mm diameter tow-ball is a standard requirement for all hire Trailers.
33. Our e-mail communications may include HTML-based email messages which requires your computer to be enabled to accept HTML e-mail.
LONG TERM HIRES
34. It is the hirer's responsibility to keep the car or trailer in a roadworthy condition. If the hirer feels that the car or trailer requires attention, they are to contact our office 0420306370 to arrange a maintenance inspection as soon as possible.
35. Any faults with the car or trailer must be reported to A-Z Trailer hire prior to further use of the car or trailers.
36. A-Z Trailer hire reserves the right to exchange the hire item with an equivalent item at any time during the hire period.
37. In the event of a credit or debit card payment being declined, attempts will continue to be made every 24 hours to process due payment. A-Z Trailer hire will attempt to make contact with the hirer regarding the overdue payment.
38. In the event that A-Z Trailer hire is unable to make contact with the hirer and payment has not been honoured, the car or trailer will be reported stolen to the Police after a period of 24 hours.
39. There is no refund for early return of the car or trailers.
TOLLS, FINES and ADDITIONAL CHARGES
40. All toll charges, will be charged a $35.00 administration fee plus the value of the toll fee or fine.
41. All penalty and traffic infringement fines (e.g. but not limited to, exceeding speed limit, red light camera and parking fine) will be charged a $100.00 administration fee, plus the value of the fine or penalty applicable.
42. Any changes to bookings such as (but not limited to) time, date, location or size of cars or trailers, will incur a $10.00 change fee.
43. The Hirer authorises A-Z Trailer hire to charge its credit or debit card for all such administration charges plus the fee or fine values where applicable without any further authority required by A-Z Trailer hire and regardless of who was in possession or control of the car or trailer when the fee or fine was incurred and regardless of whether the Hirer or any other person intends to appeal or otherwise dispute the fee or fine.
REFUND and CANCELLATION POLICY
44. Refunds and Cancellations are subject to the following:
a/. A minimum of 24 hours’ notice must be given on all cancellations prior to the start time and date of the booking.
b/. A holding and cancellation fee of $20 per week (or part thereof) calculated from the time of booking will be deducted from the refund.
c/. Any notice pursuant to this clause is to be made by telephoning 0420 306 370 between the hours of Monday and Friday 9am to 5pm, Saturday 9am to 5pm and Sunday 9am to 5pm.
45. There is no refund for any early return of the hired car or trailer.
46. To the extent permitted by law the Owner shall not be liable to the Hirer or its agents in respect of any breakdown or failure of the car or trailer.
ATTENTION: BEFORE STARTING OFF ON YOUR HIRE
49. Safety chains must be attached to tow vehicle correctly.
50. Ensure coupling handle is correctly down.
51. Ensure all lights are working correctly. It is recommended that you drive with your lights on to increase visibility to other drivers while towing.
52. For information or questions on the above contact 0420306370 during office hours. If unsure you are not to take the car or trailer and partial refund will be given. The hirer shall contact A-Z Trailer hire immediately should the item fail to meet the hirers expectations.
OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS FOR CARS & TRAILERS HIRE
53. As a holder of a current driver’s licence, you understand the obligations you have to safely operate your vehicle on any type of designated or undesignated roadway, or property access-way, in accordance to the State's Road Safety / Traffic Rules. Our support to your safety is to ensure that you have the basic understanding of your Cars & Trailers hire. Your Cars & Trailers hire agent is not an authorised trainer or assessor in safe towing. If at any time you feel that you are not competent to safely attach or tow the Cars & Trailers, we recommend that you do not hire the Cars & Trailers at this point and contact an authorised training organisation and/or the relevant Transport authority. Every effort is undertaken to ensure your hire Trailer is in roadworthy condition. Please do not use the Cars & Trailers if there are doubts about its roadworthiness and report this immediately to the hire agent. As part of the hire program and in addition to the conditions of use, it is your responsibility to report any identified or potential faults with the Cars & Trailers, immediately or as soon as possible to the hiring agent.
The Hirer hereby certifies and warrants to the Owner that he/she is competent with (and not limited to):
* Correctly connecting and disconnecting the trailers coupling hitch.
* Correctly applying the safety chain connections.
* Correctly applying the trailers light plug connections.
* Conducting light operation checks, prior and after use.
* Ensuring safe load distribution on and off the trailers.
* Ensuring any load is safely secured during loading/unloading activities, or when parked or undertow.
* Correctly securing the jockey wheel when the trailer is both under tow and not undertow.
* Adhering to the maximum load rating allowed for this Cars & Trailers.
* The braking system of the trailers (if applicable).
* Operating the Car or trailer without over or under inflated tyres.
FOR INFORMATION ON ANY OF THE ABOVE PLEASE CONTACT
THE OFFICE ON 0420306370 DURING OFFICE HOURS:
MON-FRI 9AM TO 5:00PM, SAT & SUN BY APPOINTMENT AEDST.