Introduction
1.1 When You rent a Trailer from Us the contract (Hire Contract) You have with Us consists of two separate documents. They are:
(a) the agreement (Hire Agreement) You have agreed to rent a Trailer from Us; and
(b) these hire Terms and Conditions (Terms and Conditions).
1.2 The date of the Hire Contract is the date the Hire Agreement begins.
1.3 The Hire Contract is governed by the laws of New South Wales and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.4 The Australian Consumer Law provides You with rights that are not excluded, restricted or modified by the Hire Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.
2 Who may tow the Trailer?
2.1 Only You or an Authorised Driver can tow the Trailer.
2.2 It is a Major Breach of the Hire Contract if You let anyone who is unauthorised tow the Trailer. If there is a Major Breach of the Hire Contract there is no cover for You, the Authorised Driver or the unauthorised driver for any Damage, theft of the Trailer or Third Party Loss.
2.3 We set a minimum and maximum age limits for those renting Our Trailers. You and any Authorised Driver must be at least 18 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of those restrictions before the Start of the Hire and it is shown in the Hire Agreement.
2.4 You and any Authorised Driver must also have a valid licence to tow the class of Trailer which is issued in an Australian state or territory or an international licence (with a translation into English if it is not issued in English) appropriate for the class of the Trailer and not subject to any restriction or condition. Learner drivers and provisional and probationary licence holders are not acceptable and must not tow the Trailer.
2.5 The Trailer must not be towed if Your licence or the licence of any Authorised Driver has been cancelled within 2 years of the date of the Hire Agreement.
3 Prohibited Use
3.1 The Trailer must not be towed by You or any Authorised Driver:
(a) if You or any Authorised Driver is intoxicated or under the influence of drugs or alcohol or has a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst the Trailer is damaged or unsafe.
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) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or (iv) 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; (c) sell, rent, lease or dispose of the Trailer; or register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009.
4 Where the Trailer cannot be used
4.1 The Trailer must never be towed on: (a) an Unsealed Road; (b) Off Road; or (c) above the snow line in Victoria or New South Wales between 1 May and 31 October.
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;
(d) beaches, streams, rivers, creeks, dams and floodwaters;
(e) any road where the police or an authority has issued a warning;
(f) any road that is closed; and
(g) any road where it would be unsafe to tow the Trailer.
4.3 The Trailer must never be towed or used:
(a) outside of New South Wales; or
(b) onto any island that is off mainland Australia, unless We have given Our prior written permission prior to the Start of the Hire and it is noted on the Hire Agreement.
5 Your obligations
5.1 At the Start of the Hire and before collecting the Trailer You must pay the anticipated Hire Charges.
5.2 At the Start of the Hire You must also inspect the Trailer to make sure that any pre-existing damage is noted and shown in the Hire Agreement.
5.3 You must:
(a) 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) does not exceed the maximum towing capacity of the Trailer as specified by the Trailer manufacturer. 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 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; and
(vii) the Trailer lights are working correctly;
(b) 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 and You agree not to use Our tie down accessories to secure their load if they are insufficient to safely secure their specific load; (c) comply with all road rules and regulations and You are always responsible for the correct and safe handling of the Trailer.
5.4 You must not tow the Trailer:
(a) with a towing vehicle:
(i) which has a 24 volt electric systems, as all Trailers are 12 volt system only; or
(ii) with a greater than 4.5 tonne gross vehicle mass (GVM);
(b) if the unladen weight of the towing vehicle is less than the total weight of the Trailer and any property, goods, stock or equipment or load on the Trailer; or
(c) at a speed greater than 100km per hour.
5.5 You must not load the Trailer unless the area directly behind is clear for 20 metres and You must load it on level ground.
5.6 At the End of the Hire You must:
(a) return the Trailer in the same condition it was in at the Start of the Hire, fair wear and tear excepted;
(b) pay the balance of the Hire Charges (if any); (c) pay the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Trailer is stolen;
(d) pay any costs We incur, including extra cleaning costs, in reinstating the Trailer to the same condition it was in at the Start of the Hire, fair wear and tear excluded;
(e) pay for all Damage arising from a Major Breach of the Hire Contract;
(f) pay for all Underbody Damage; and
(g) pay for any Damage caused by the immersion of the Trailer in water.
5.7 You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Trailer or release of the Trailer if it has been seized by a regulatory authority.
5.8 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; and
(c) making sure it is not overloaded.
5.9 If the Trailer develops a fault during the Hire Period You must inform Us immediately and not tow the Trailer unless We have authorised You to do so and You must not let anyone else repair or work on the Trailer or towing or salvage of it without Our prior written authority to do so.
5.10 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 Hire Contract.
6 Damage Cover
6.1 Damage Cover is included in the Hire Charges. Subject to these Terms and Conditions, if You or any Authorised Driver has an Accident or if the Trailer is stolen We will indemnify You for the theft, any Damage or Third Party Loss but You must pay up to the Damage Excess for each Accident or theft unless We agree that You were not at fault and the other party’s insurance company accepts liability.
6.2 There is no Damage Cover for theft, loss, damage or deterioration of property, goods or stock carried in the Trailer and You agree to indemnify Us for any theft, loss, damage or deterioration of property, goods or stock whether owned by:
(a) You;
(b) Your customer;
(c) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
(d) any relative, friend or associate of an Authorised Driver;
(e) Your employees; or
(f) a Third Party.
6.3 There is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Hire Contract; or
(ii) the use of the Trailer by any driver who is not an Authorised Driver; or who is less than 18 or more than 75 years of age;
(b) Underbody Damage; and
(c) Damage caused by immersion of the Trailer in water.
7 Hire Period, costs and charges
7.1 The Hire Agreement shows:
(a) the Hire Period for which You have hired the Trailer; and
(b) the Hire Charges.
7.2 We will provide You with a Trailer that is of acceptable quality and in good working order taking into account the age of the Trailer.
7.3 At the End of the Hire You must return the Trailer on the date and by the time agreed and paid for in the Hire Agreement between you and Trailer Hire Wollongong or its owning corporation. If You fail to return the Trailer, We may terminate the Hire Contract and 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 and we will continue to charge a daily hire fee at the rate shown on the Trailer Hire Wollongong website until the trailer is returned back to Trailer Hire Wollongong’s control.
7.4 There is no entitlement to a refund if the Trailer is returned before the date and time set in the Hire Agreement;
7.5 If You return the Trailer:
(a) more than one hour after the time set for its return in the Hire Agreement We will charge You $25 per hour up to one full day’s hire and a further full day’s hire at the standard rate for each 24 hour period or part thereof until the Trailer is returned to Us; or
(b) at any time, other than during Our normal business hours You must pay for the daily Hire Charges and all Damage until the Hire Location next opens for business.
7.6 At the End of the Hire You must also pay for all amounts owing pursuant to clause 5.6 and also any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of the Hire . Any amount payable under the Hire Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If any amount is due to Us or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Hire.
7.7 If You default in the payment of any moneys owed to Us under the Hire Contract, You authorise Us to legally seek full hire cost including interest charges until full payment is completed and finalised of any debts owing to Trailer Hire Wollongong.
7.8 If You default in the payment of any moneys owed to Us under the Hire Contract, 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.
7.9 Cancellation If:
(a) Your booking is cancelled within 24 hours prior to the Start of the Hire; or
(b) You fail to notify Us of Your intended cancellation prior to the Start of the Hire and fail to pick up the Trailer, You will be charged the hire charges for the Hire Period as booked unless We are able to rent the Trailer to another renter for an equivalent term and rate.
8 Accidents or breakdowns
8.1 We will provide You with a Trailer that is of acceptable quality and in good working but breakdowns do occur. If the Trailer breaks down during the Hire Period because of Our negligence We will recover and repair the Trailer as soon as possible. If the Trailer cannot be repaired We will use Our best endeavours to provide a replacement Trailer where one is available.
8.2 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.
8.3 If the Trailer is stolen or if You or an Authorised Driver of the Trailer has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol, You or the Authorised Driver must also report the theft or Accident to the Police.
8.4 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 Trailers involved;
(c) take as many photos as is reasonable showing:
(i) the position of the Trailer and 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.
9 Consequences of a Major Breach of the Hire Contract
9.1 If You or any Authorised Driver:
(a) commit a Major Breach of the Hire Contract in a way that causes Damage, theft of the Trailer or Third Party Loss; or
(b) tow the Trailer in a reckless manner so that a substantial breach of road safety legislation, including the Crimes Act 1900 (NSW), has occurred, You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Trailer and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur as direct consequence thereof.
9.2 Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Trailer if a breach of any part of clause 9.1 has occurred.
10 Occupational Health and Safety Requirements for Trailer Hire
10.1 Our support for Your safety is to ensure You have a basic understanding of Your Trailer hire but We are not an authorised trainer or assessor in safe towing. If at any time You feel You are not competent to safely attach or tow the Trailer, You must stop towing the Trailer and You must contact Us for assistance.
10.2 Whilst every effort is undertaken to ensure the Trailer is in a roadworthy condition You must not use the Trailer if there are doubts about its roadworthiness and You must report this immediately to Us. 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 Trailer, immediately or as soon as possible to Us.
10.3 By entering into this Hire Contract, You acknowledge that You are competent with:
(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) conducting light operation checks, prior and after use;
(e) ensuring 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 under tow;
(h) adhering to the maximum load rating allowed for the Trailer;
(i) the braking system of the Trailer (if applicable); and
(j) operating the Trailer without over or under inflated tyres.
11 Definitions
When You read these Terms and Conditions You will see that there are a number of terms that occur regularly throughout this document. These words or phrases have a specific meaning each time they appear and You should familiarise Yourself with them.
Accident means an unintended and unforeseen incident, including: (i) a collision between the Trailer and another vehicle, object or thing; or (j) a weather event, including hail Damage, that results in Damage or Third Party Loss.
Administrative Fee means a fee of up to $55 including GST for the administrative costs associated with Your hire.
Authorised Driver means any driver of the Trailer who is approved by Us and who is recorded on the Hire Agreement prior to the Start of the Hire.
Damage means:
(a) any damage to the Trailer including its parts, components and accessories that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) 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 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 Hire means the date and time shown in the Hire Agreement or the date and time the Trailer is returned to Us, whichever is the later.
Hire 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 Hire Agreement.
Hire Location means the location from which the Trailer was rented, as shown on the Hire Agreement.
Hire Period means the period commencing at the time shown in the Hire Agreement and concluding at the End of the Hire.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Hire 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 clauses, 2.1, 2.3, 2.4, 2.5, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.3, 5.4, 5.5, 5.8, or 5.9 that causes Damage, theft of the Trailer or Third Party Loss.
Off Road means any area that is neither a sealed or 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.
Start of the Hire means the date and time that the hire commences as shown in the Hire Agreement.
Third Party Loss means loss or damage to third party property, including other motor Trailers and any claim for third party loss of income.
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 a vehicle.
Trailer means the Trailer described in the Hire Agreement and includes its parts, components and accessories.
We, Us, Our, means Wollongong Trailer Hire ABN 93 140 363 873
You, Your means the person, whether it is an individual, a firm or company that rents the Trailer from Us and whose name is shown in the Hire Agreement.
© Wollongong Trailer Hire