Trailer And Equipment Hire Agreement
DEFINITIONS AND EXPLANATIONS
In these Terms and Conditions these words and phrases have the following meanings:
- “Owner” means Jayden Trent Korn trading as Mantaray Trailer Hire Mackay (ABN: 38 168 941 863).
- “Hirer/Customer” means the person, business or organisation Hiring the Trailer or Equipment from Mantaray Trailer Hire, who has entered into a Hiring Agreement with the Owner.
- “Hirerʼs Details” means the current personal information of the Hirer required to Hire Trailers or Equipment.
- “Hire” or “Hiring” means to engage in the services of Mantaray Trailer Hire Mackay for a fee, for the temporary use of its Trailers or Equipment.
- “Hiring Agreement” means the binding contractual agreement between the Owner and the Hirer.
- “Hire Charge” means the fee charged for the Hire of Trailers or Equipment.
- “Period of Hire” or “Hire Period” means the Period in which a Trailers or Equipment is Hired from the Owner as per the time and date stated on the Hiring Agreement.
- “Start Date and Time” means the date and time in which the Hiring Agreement commences.
- “Completion Date and Time” means the date and time in which the Hiring Agreement ends.
- “Sign” or “Signing” means to sign using a signature or Click Wrap to agree to Mantaray Trailer Hire’s Terms and Conditions of Hire.
- “Click Wrap” means the digital prompt (tick box or button) that offers individuals the opportunity to accept or decline Mantaray Trailer Hireʼs Terms and Conditions of Hire.
- “Fees and Chargesʼ means extra costs that may arise, outlined in these Terms and Conditions.
- “GST” has the same meaning as in A NEW TAX SYSTEM (Goods & Services Tax) Act 1999 (Cth).
- “Trailer(s)” means all trailer variations, all parts, attachments, accessories etc. that may have been supplied as part of Hire. It does not include the Hirerʼs personal loads or goods carried in the trailer or Personal Property placed in the trailer by the Hirer or any other person.
- “Equipment” means further goods, accessories, Earthmoving or Plant machines Hired by the Hirer.
- “ATM” means the total weight one trailer can weigh. The Tare weight is the weight of the trailer. The Payload is how much a trailer can carry. Tare + Payload = ATM.
- “Load/s” means any items, goods, Equipment, Personal Property and/or stock carried in the Trailer.
- “Personal Property” means any Property that is owned by the Hirer including the Hirerʼs Towing Vehicle.
- “Towing Vehicle” means the Hirerʼs vehicle being used by the Hirer to tow the Trailer or Equipment whilst under Hire.
- “Site” means the pickup and drop off premises where the Owner Hirers and stores the Trailers or Equipment.
- “Excess Distance” means any distance the Vehicle or Equipment may travel past 50km of the Mackay CBD whilst under Hire.
- “Trading Hours” means the times the Owners Site is open for business.
- “Unsealed Road” means a road, track or pathway that has been formed and constructed but not sealed with tar, bitumen or concrete or any off-road area that is not a gazetted road or sealed road.
- “Safe Towing Guides” means the documents provided to assist with the safe overall use of a Trailer or Equipment whilst under Hire.
- “Accessories” means items the are apart or are included with trailers or equipment.
1. Hire of Equipment
- The hiring of the Trailers and Equipment will commence from the commencement date specified in the Schedule and continue for the term specified in the Schedule.
- The Hirer is entitled to use the Trailers and Equipment for the hire period as outlined in the Schedule (“Hire Period”) and for any agreed extension of the period.
2. Payment for rental
- The Hirer agrees to pay the Owner the hire fee specified in the Schedule (“Hire Fee”) for the Equipment for the Hire Period, which is GST inclusive.
- The Hire Fee must be paid to the Owner prior to or on the commencement date of the Hire Period.
- The Hirer agrees that their debit / credit card details will be stored on file for the payment of any Fees and Charges that may arise.
- The Hirer agrees to pay all hire extension fees prior to extending a hire.
- The Hirer agrees that additional Fees and Charges may apply as per these Terms and Conditions.
- The Hirer authorises the Owner to charge their debit / credit card for any Fees and Charges without prior notice.
- The Hirer agrees that if their debit / credit card declines, they will receive an invoice via email to be paid within 24 hours of issue. Alternatively, the Hirer may be contact via phone.
- The Hirer agrees that they are financially responsible for any speeding fines, tolls, infringements or other fines and charges incurred during the Hire.
4. Declaration of Hirer’s Personal Information
- The Hirer agrees that the licence, credit/debit card and/or any other personal points of identification provided must all be current, correct and in the name of the Hirer.
- The Hirer agrees that the address on the driver’s licence is their current address.
5. Use, operation and maintenance
- The Hirer agrees that the use of the Trailers and Equipment carries with it dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
- The Trailers and Equipment must not be used by anyone other than the Hirer. The Hirer will use the Trailers and Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations, respecting the Trailers and Equipment and with any applicable law, whether local, state or federal respecting the use of the Trailers and Equipment, including, but not limited to, environmental and copyright law.
- The Hirer will use the Trailers and Equipment for the purpose for which it was designed and not for any other purpose.
- The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Trailers and Equipment and related operations.
- The Hirer must ensure the Equipment is returned to the Owner thoroughly cleaned. In the event that the Trailers and Equipment is not thoroughly clean when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Trailers and Equipment.
- Unless the Hirer obtains the prior written consent of the Owner, the Hirer must not alter, modify or attach anything to the Trailers and Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Trailers and Equipment.
6. Hirer’s warranties
The Hirer warrants that:
- The Trailers and Equipment will be used in accordance with the conditions outlined in the Terms and conditions of this agreement;
- The particulars in the terms and conditions of this agreement are correct in every respect and are not misleading in any way including, without limitation, by omission;
- The Hirer holds a valid current driver’s licence, operating licence or permit valid for the type of Equipment hired.
- The Trailers and Equipment will not be used for any illegal purpose.
- The Hirer’s vehicle is suitable for towing or transporting the Trailers and Equipment and towing capacity of the tow vehicle is rated for the Trailers and Equipment.
- The Hirer will not, without prior written consent of the Owner, modify, or permit any modification of, the Trailers and Equipment in any way;
- The Hirer agrees that they will not use Trailers and Equipment if they only hold a learners permit drivers licence.
- The Hirer agrees that they will NOT use Trailers and Equipment whilst under the influence of any drug or intoxicating alcohol or with a blood alcohol level that exceeds the percentage permitted by law.
- The Hirer agrees that the Trailers and Equipment complies with its description, is in merchantable condition and is fit for the Hirer’s purpose; and
- The Hirer will not encumber the Trailers and Equipment or allow the Trailers and Equipment to be encumbered or pledge the Trailers and Equipment as security in any manner.
7. Trading Hours
- The Hirer agrees that the Owners trading Hours will be stated on the Hiring Agreement.
- The hirer agrees that Trailers and Equipment cannot be Hired or Refunded outside of these Trading Hours without prior consent. 24/7 hire exists outside trading hours when organised with the Owner.
- The Hirer agrees that Trailers and Equipment will be stored securely at all times and not left outside of the Owners Site outside of Trading Hours.
- The Hirer agrees that abandonment fees will apply if Trailers or Equipment left outside the Owners Site outside of Trading Hours.
- The Hirer will report and pay all taxes, fees and charges associated with the Trailers and Equipment, with the use of the Trailers and Equipment, and with revenues and profits arising out of the use of the Equipment, including, but not limited to, sales taxes, property taxes, and licence and registration fees.
- The Hirer will pay any and all penalties and interest for failure to pay any tax, fee or charge on or before the date on which the payment is due. The Hirer will pay any and all penalties and interest for failure to report required information to any taxing authority with jurisdiction over the Hirer or the Trailers and Equipment. If the Hirer fails to perform the obligations in this clause, the Owner may, but is not obligated to, do so at the Hirer’s expense.
- Notwithstanding any other provision of this Agreement, the Hirer will not be required to pay any tax, fee or charge if the Hirer is contesting the validity of same in the manner prescribed by the legislation governing the imposition of same, or in the absence of a prescribed form, in a reasonable manner. However, the Hirer will indemnify and reimburse the Owner for damages and expenses incurred by the Owner arising from or related to the Hirer’s failure to pay any tax, fee or charge, regardless of whether the Hirer is contesting the validity of the same or not.
- If the Hirer fails to pay any and all taxes, fees, and charges mentioned in this Agreement and the Owner, on behalf of the Hirer, pays the same, the Hirer will reimburse the Owner for the cost upon notification from the Owner of the amount.
9. Contact with the hirer
- The Hirer agrees to remain contactable via mobile phone at all times when Hiring Trailers and Equipment.
- The Hirer agrees that if the Owner is unable to make contact with the Hirer after several attempts over a 24-hour period, the Trailers and Equipment will be reported stolen to the POLICE.
- The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits proceedings, cost, expenses, damages and liabilities, including attorney’s fees and cost, arising out of or related to the Hirer’s use of Trailers and Equipment.
11. Limitations of Liability
The liability of the Owner is limited as follows:
- The Owner is not liable for any costs relating to the Trailer and Equipment in the event that the Trailer and Equipment is lost, stolen or in any way damaged. The Hirer will be charged at new retail replacement cost of the Trailer and Equipment.
- The Owner is not liable for any damage caused to the Towing Vehicle as a result of the connecting or disconnecting of a Trailer.
- The Owner is not liable for any fines that may occur for the malfunction of lights or the overloading of Trailers.
- The Owner is not liable for any injuries that may occur whilst Hiring a Trailer and Equipment from the Owner.
- The Owner is not liable for any injuries due to mechanical failure whilst Hiring a Trailer or Equipment.
- The Owner is not liable LOSS OF TIME AND MONEY whilst Hiring a Trailer or Equipment.
- The Owner is not liable for loss time and money if any mechanical failure of the Trailers and Equipment occurs.
- The Owner is not liable for damage of goods inside enclosed tailers (Furniture Trailers) as these 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 trailer.
12. Fees and Charges
- The Hirer agrees that follow up fees will apply if the Owner is required to contact the Hirer due to whilst Hiring a Trailers and Equipment not being returned by the Completion Date and Time stated on the Hiring Agreement.
- The Hirer agrees that late return fees will apply if Trailers and Equipment are not returned by the Completion Date and Time stated on the Hiring Agreement.
- Late return fees will be charged at 1 days hire rate per Trailers or Equipment per day.
- The Hirer agrees that late payment fees will apply if an invoice is not paid by the due date.
- The Hirer agrees that an Administration Fee will apply for the processing of any Fees and Charges or additional administration at a rate of.
- Administration fees will be charged at $15 per task.
- The Hirer agrees that towing fees will apply if Trailers and Equipment are required to be towed to the Owners Site or to a repairer for any reason what so ever.
- Towing fees will be charged at the current retail towing rate.
- The Hirer agrees that an abandonment fee will apply if they abandon any Trailers or Equipment for any reason what so ever regardless of distance from the Owners Site.
- Abandonment fees will be charged at $200 per Trailer and Equipment plus 24hr hire fee every day thereafter to collect and return to Owner’s site.
- The Hirer agrees that cleaning fees will apply if the Trailer or Equipment is returned dirty or full of rubbish.
- Cleaning fees will be charged at $50 per hour.
- The Hirer agrees that damage fees will apply if the trailer is returned damaged or not in its prehire condition.
- Damage fees will be charged on a case-by-case basis.
- The Hirer agrees that failure to contact Mantaray trailer hire to extend agreed hire period by original return date will be charged an extra 24hr hire exclusive. The new extended period time which will also be charged
- The Hirer agrees that they will be charged for replacement of any accessories or components of the trailers or equipment that have not been returned within 7 days of agreed hire return, regardless of any failed attempts made to return items by Hirer. A $15 admin fee will also be charged.
- Labour rate for any repairs is $100 per hour, this will be up to the owners discretion if this charge is applied to any repair and the hirer maybe be exempt as a offer of (good will). Parts, outsourced repairs, consumables and miscellaneous charges will always apply to repairs.
13. Loss, stolen, damage or breakdown of Equipment
- The Hirer will be responsible for any loss or damage to the Trailers and Equipment irrespective of how the loss or damage occurred (normal wear and tear excepted) during the Hire Period.
- If there is a breakdown or failure of the Trailers and Equipment, then the Hirer must return the Trailers and Equipment to the Owner at the Hirer’s expense and the Hirer must not attempt to repair the Equipment.
- The Hirer acknowledges that Trailers and Equipment ARE NOT insured what so ever against the or damage whilst on Hire.
- The Hirer agrees that it is their own responsibility to organise insurance for Trailers and Equipment whilst on Hire.
- The Hirer agrees that they will be financially responsible for the full retail replacement costs of any Trailers and Equipment that is lost, stolen or damaged whilst on Hire.
- The Hirer agrees that they will be financially responsible for any loss of income incurred by the Owner in the event that a Trailers and Equipment is lost, stolen or damaged whilst on Hire.
- The Hirer agrees that they will not continue using Trailers and Equipment should they be damaged or require repairs.
- The Hirer agrees that in the event of an accident, it is their responsibility to return the Trailers and Equipment to the Owners Site at their own expense.
- The Hirer agrees that in the event that Trailers and Equipment are required be towed to a repairer, it will be done so at the Hirers expense.
- The Hirer agrees that if Trailers and Equipment is damaged beyond the Owners repair, the Trailers and Equipment will be sent to a repairer for a repair quote.
- The Hirer agrees that it is their responsibility to make a claim with their insurance company and to contact Mantaray Trailer Hire Mackay with the claim number and police report number within 24 hours of the incident.
- The Hirer agrees that once the repairer has sent through their quote, their insurance company will be contacted to give authority to repair to the repairer.
- The Hirer agrees that they are responsible and financially liable for all punctures and tyre damage to Vehicles whilst on Hire.
- The Hirer agrees that they will be financially liable for any costs related to respraying the Trailer and Equipment in the event that the paint is scratched, damaged, removed or excessively worn in any way.
- The Hirer agrees that the Hirer can make no claim for loss or damage against the Owner.
- The Hirer agrees and acknowledges that it is their responsibility to ensure the security of the trailer and items covered in these Terms and Conditions.
- The Hirer agrees that they shall indemnify and keep indemnified and save harmless the Owner from all 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 Trailer and Equipment or otherwise.
- The Hirer agrees that there will be no refund what so ever for the early return of Trailers or Equipment.
- The Hirer agrees that there will be No refund what so ever if they cancel a booking. Exceptions will be warranted on a case-by-case basis. This will be up to the Owner’s discretion.
- The Hirer agrees that there will be no refund what so ever should the Hirer’s Towing Vehicle be unable to tow the trailer.
- The Hirer agrees that there will be no refund what so ever should the Trailer or Equipment be damaged, stolen or unusable in any way whilst under Hire.
- The Hirer agrees that there will be no refund what so ever should the weather be deemed “poor conditions”
- Mantaray trailer hire will allow full refund, less a $15 admin fee . If the Hirer cancels the booking more then 24hrs prior to hire commencing.
- Mantaray Trailer Hire will allow a booking to have a “credit” applied if the Hirer cancels the booking more then 24hrs prior to hire commencing. The credit means the booking can be moved to a future date and time. The Hirer agrees they are only elidable for a credit (1) time(s) per hire. The Hirer cannot request another credit once a credit has been warranted.
15. Vehicle and Equipment Storage and security.
- The Hirer acknowledges that Trailers and Equipment are not covered for theft and will remain secure from the at all times whilst under their Hire.
- The Hirer agrees that they will keep Trailers and Equipment secure with padlocks, chains or coupling locks at all times whilst under Hire.
- The Hirer agrees that Trailers and Equipment will remain secure overnight in a secure location. (Behind locked gates).
- The Hirer agrees that they will not leave Trailers and Equipment on the street overnight.
- The Hirer agrees that upon completion of hire, all Trailers and Equipment will be handed over to the Owner and NOT left unattended or unsecured.
- The Hirer agrees that they will not abandon the Trailer and Equipment under any circumstances what so ever.
- The Hirer agrees that an abandonment fee will apply if they abandon the Trailers and Equipment for any reason what so ever.
- The Owner will maintain current insurance policies in respect of the Trailers and Equipment to its full insurable value.
- The hirer understands that Mantaray Trailer Hire Does Not use a full comprehensive insurance police to cover the trailers and equipment for damages.
- Any damages to trailers and equipment, injury or death in a road accident will be covered by Third party insurances under registration of the tow vehicle.
- Mantaray Trailer Hire is covered by a public liability insurance policy.
- Mantaray Trailer Hire offers a Damage Liability Reduction. The fee will be charged at a per day rate. Cost amount is subject to change and will be equal to the advertised rate excluding GST.
The details of the policy are as follows…..
– Maximum you will pay for damages is $500 instead of the full value of the trailer.
– TYRE FAILURE COVER – (only when the spare wheel isn’t available). This is a secondary offer within the policy, Mantaray trailer hire will make an attempt to assist the customer in making the trailer road worthy again so the hire can continue. Mantaray Trailer Hire is not obligated to provided roadside assistance within the scope of the police in the event of tyre or rim failure, should the trailer still have a spare wheel & tyre available.
– The hirer agrees that it is their responsibility to replace a wheel with the spare wheel, should it be necessary and report that the exchange has taken place.
– The hirer agrees that should they choose to hire without opting for Damage Liability Cover, the hirer is fully responsibly for any roadside assistance they require and that Mantaray Trailer Hire will use there own discretions to manager their involvement in the breakdown. The Hirer also agrees that the are liable for the cost equal to the full value of the trailer. Mantaray trailer hire may investigate the breakdown with the information that is provided by the hirer to assist in the repair or replacement of parts and components, should it be necessary regardless if the breakdown repair is due to hirer negligence during their hire. Mantaray Trailer Hire will advise customer of the cost to repair prior to repair occurring.
- The Hirer will assume all risks and liabilities for and in respect of the Trailers and Equipment and for all injuries to or deaths of persons and any damage to property howsoever arising from the Hirer’s possession, use, maintenance, repair or storage of the Trailers and Equipment.
- To the extent permitted by law the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Trailers and Equipment.
- The Hirer acknowledges that the Owner retains title to the Trailers and Equipment and that the Hirer has rights to use the Trailers and Equipment as a mere bailee only. The Hirer does not have any right to pledge the Owner’s credit in connection with the Trailers and Equipment and agrees not to do so.
- The Hirer agrees not to agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt top part with personal possession or otherwise not to deal with the Trailers and Equipment and not to conceal or alter the Trailers and Equipment or make any addition or alteration to, or repair of, the Trailers and Equipment.
- The Owner may retake possession of the Trailers and Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.
- If repossession occurs, the Owner will only charge the Hire Fee up to and including the time of repossession.
21. Completion of the Hire Period
The Hire Period is completed when the Trailers and Equipment has been returned to the Owner:
- in the same condition as when it was hired; and
- on or by the date and time outlined in the hire agreement.
22. Return Times & Late Return of Trailers and Equipment
- The Hirer agrees that on completion of hire, the Hirer at their own expense must return the Trailer and Equipment to the place from which it was hired.
- The Hirer agrees that the Trailer and Equipment will be returned to the Owner’s Site by the date and time stated on the Hiring Agreement.
- The Hirer agrees that if the Trailers and Equipment is not returned to the Owners Site by the completion time and date on the Hiring Agreement, Late Fees will apply.
- The Hirer agrees that they must notify the Owner of any possibility of a late return of the Trailer and Equipment.
- The Hirer agrees that if the Trailer and Equipment are not returned to the Owners Site during business hours, the Trailers and Equipment must be stored securely overnight and returned to the Owner the next day with late fees.
- The Hirer agrees returns outside of business hours must been organised prior with the Owner.
23. Extending the Period of Hire
- The Hirer agrees that if they wish to extend the Period of, they must first pay the hire extension fee.
- The Hirer agrees that the Owner may deny the extension of a Hire if the Trailers and Equipment is required for another Hirer or for maintenance.
- The Hirer agrees that upon extending a Hire, these Terms and Conditions will apply for this hire extension period.
- The Hirer agrees that they have the necessary knowledge and skills required to enable them to carry out the use of Trailers and Equipment without incident or accident.
- The Hirer agrees that they have the skills and knowledge to safely tow and operate the Trailers and Equipment prior to use.
- The Hirer agrees that they shall use the Trailers and Equipment in a skilful and proper manner and shall not speed or overload it based on the rating on the Trailers compliance plate or the Towing Vehicles tow rating. A copy of the current Queensland Australian Towing Laws & Regulations and Towbar Safety can be found on Site upon hire or online at: https://www.qld.gov.au/transport/vehicle-safety/towing/towingvehiclesand-trailers.
- The Hirer agrees and acknowledges that they have read and understood all instructions provided in Mantaray Trailer Hireʼs “Safe Towing Guide” before they Hire Vehicles and Equipment. A copy of the guide can be found on Site upon Hire or online at: www.mantaraytrailerhire.
- The Hirer agrees that they will take regular rest breaks when using Trailers and Equipment over long distances or for extended periods of time.
- The Hirer agrees that they will check all trailers are attached correctly before leaving the Owners Site.
- The Hirer agrees that Trailers and Equipment will only be used to suit the manufacturers specifications and will not be used to perform any duties that may be considered unsafe or may cause damage.
- The Hirer agrees that the jockey wheel is designed for raising and lowering of the Trailer only and is not to be used to manoeuvre or restrain the Trailer.
- The Hirer agrees to have the coupling device attached to the Towing Vehicle at all times when loading, loaded or unloading. (If you climb into a Trailer while it is not coupled to a Towing Vehicle, it may tip or roll away causing potential damage, injury or death.)
- The Hirer agrees that the Trailer IS NOT to be used to transport cattle, livestock or any other animals what so ever.
- The Hirer agrees that the Trailer IS NOT to be towed or used by any person under the age of 18 years.
- The Hirer agrees that the Trailer IS NOT to be taken through any water, rivers, dams, fords or any other body that may cause damage to the Trailer or its electrics.
- The Hirer agrees that the Trailer IS NOT to be taken on any kind of dirt road, unsealed road or onto a beach.
- The Hirer agrees that they WILL NOT use the Car Trailer winch to tie down or secure any vehicle to the car Trailer whilst towing in any way what so ever. Hirer understands winches SWL (safe working load) is 2500kg max. The hirer understands no one can be in striking range of winch cable in the unlikely event of cable failure. The Owner is not liable for injury or death in the event of improper use of a winch and/or cable failure. Winch Safety Guide can be found at Mantaraytrailerhire.com.au/safety.
- The Hirer agrees that they WILL NOT drag car wrecks or heavy loads onto a Car Trailer as it may cause excessive damage to the Trailer.
- The Hirer agrees that they will use rated tie downs to secure the vehicle to the Trailer on ALL 4 corners.
- The Hirer agrees that they will comply with all traffic laws and regulations whilst using the Trailer. (Remember, different States and Territories follow different towing laws.)
- The Hirer agrees that it is their responsibility to ensure all light Cables, chains, coupling, accessories and equipment are correctly attached and in legal working order and that it is not the Owners responsibility. Current state legal requirements can be found at: https://www.qld.gov.au/transport/vehicle-safety/towing/towing-equipment.
- The Hirer agrees that no person will ride in or on a moving Trailer at any time what so ever.
- The Hirer agrees that they will not exceed 90km per hour or any other speed limit signs whilst towing a Trailer.
- The Hirer agrees that they will not overload Trailers and Equipment as per the rating stated on the Hiring Agreement.
- The Hirer understands that 70% of a Trailers Payload must be in front of the axles, front being drawbar side of Trailer.
- The Hirer must comply with each individual payload rating of any Trailer and Equipment. ATM rating of each trailer is displayed on the VIN plate attached to the drawbar.
- The Hirer agrees that it is their own responsibility to provide load rated tie downs for the Trailer and Equipment and that the Owner is not in any way liable for the failure of tie downs or the methods that are used to secure tie downs. If Owner supplies tie down’s, it is the hirers responsibility to ensure they are in working order before use. The owner is not responsible for failure of supplied tiedowns.
- The Hirer agrees that they will only use approved tie downs that are rated to withstand the load capacity to carry out the job at hand.
- The Hirer agrees that all loads will be secured to the trailer correctly as per the current legal requirements.
- The Hirer agrees that all loading ramps will be secured to the Trailer with the use of rated tie down straps to ensure the ramps are connected safely when loading or unloading. Hirer must ensure all ramps that use a ‘c’ channel to attach the ramp to a trailer is seated correctly.
- The Hirer agrees to secure all Loads within the parameter of the Trailer using suitable tie down materials and methods. Any loads that project from the trailer must comply with the appropriate State laws.
- The Hirer agrees to ensure that no part of any load will part from or leave the Trailer during transit or otherwise.
- The Hirer agrees that it is their own responsibility to provide the correctly rated D Shackles required to safely carry out the job at hand if shackles are missing from previous hires. Shackles must be inspected for cracks, wear or possible tampering before use. Hirer must check the shackles haven’t been exchanged for another set that is not rated for the trailer.
- The Hirer agrees that they will not lift, carry or move a trailer by hand as injury may occur.
- The Hirer agrees that they will follow the correct manual handling techniques when loading or unloading a Trailer and take regular rest breaks.
- The Hirer agrees that the Owner is in no way responsible for any injuries that may occur whilst hiring a Trailer.
- The Hirer agrees that a brake controller unit must be used at all times whilst towing a Car Trailer with electric brakes.
- The Hirer agrees that they have received the proper training before using any Trailer with brakes or electric brakes.
- The Hirer agrees that any faults with the Trailer must be reported to the Owner at any time (24 hours/7 days a week on any numbers listed on the front or in the header of these Terms and Conditions of Hire, prior to further use of the Trailer. continue to use the trailer in any way what so ever.
- The Hirer agrees that in the event of the Towing Vehicle or Trailer breaking down or being damaged the Hirer shall arrange the return of the Trailer at their own expense to the Owner on or before the completion time and date as part of the Hiring Agreement.
- The Hirer agrees that they will not attempt to alter, service or repair the Trailer in any way excluding tyre pressure.
- The Hirer agrees that the Owner will be informed of all punctures prior to the changing of any tyres.
- The Hirer agrees that all unloading/loading of vehicles and items onto car or furniture trailers must be done by (2) people. Vehicles must have a someone operating the winch, and one controlling the vehicle/load.
- The Hirer agrees to check tyre pressure and wheel nut tensions at the closest available service station to the hire premises. Tyre pressures must be set to recommend specification displayed on the tyre.
- The Hirer agrees that the Trailer and Equipment is in a good, clean and serviceable roadworthy condition and in good repair at the commencement of Hire and agrees to return it in the same condition.
- The Hirer agrees that it is their responsibility to keep the Trailers in a roadworthy condition. If the Hirer feels that the Trailer requires attention, they are to contact the Owner on 0402 750 901, return the Trailer to arrange a maintenance inspection as soon as possible.
- The Hirer agrees that no jack or wheel brace is supplied as part of the Hire Agreement and it is the Hirer’s responsibility to carry their own at all times. (Ensure your wheel brace and jack is suitable for changing a tyre on a trailer as they can differ from other vehicles).
- The Hirer agrees that it is their responsibility to keep Vehicles tyres in a safe, roadworthy condition at all times.
- The Hirer agrees that they will ensure that all tyres have the correct tyre pressure as specified by the manufacturer prior to using Vehicles and Equipment. (40 psi or 300kpa).
- The Hirer agrees that they will maintain the correct tyre pressure in all tyres at all times as specified by the manufacturer on both the Trailer and their Towing Vehicle.
- The Hirer agrees that it is their responsibility to ensure the wheel nuts are tightened to prevent the tyre and wheel separating from the Trailer before use of the Trailer, at every stop and regularly whilst driving long distances. (h) The Hirer agrees that spare tyres are supplied by the Owner and is to be carried with the Trailer at all times.
- The Hirer agrees that they are responsible to ensure the spare tyre is securely fastened to the trailer at all times and that the Owner will not be held in any way accountable if the spare tyre comes loose or separates from the Trailer in any way what so ever.
- Equipment must not be repaired by the hirer; a qualified technician must repair equipment.
- The Hirer agrees that all the above applies to Equipment, minus the road worthy requirements.
The occurrence of any one or more of the following events will constitute an event of default
(“Event of Default”) under this Agreement:
- The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
- The Hirer becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the bankruptcy law of Australia or another competent jurisdiction.
- A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.
On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (“Remedies “):
- Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
- Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
- Take possession of the Trailers and Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
- Terminate this Agreement immediately upon written notice to the Hirer.
- Pursue any other remedy available in law or equity.
- The covenants, agreements and obligations contained in this Agreement will not merge or terminate upon the termination of this Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
- If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.
30. Governing law
- This Agreement will be construed in accordance with and governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland there in connection with matters concerning this Agreement.
- In this Agreement, unless the context otherwise requires:
- A reference to the singular includes the plural and vice versa;
- A reference to any party to this Agreement includes the party’s executors, administrators, successors or permitted assigns, and where applicable, its servants and agents;
- A reference to an individual will include corporations and vice versa; and
- If a word or expression is defined, its other grammatical forms have a corresponding meaning.
- Headings are for convenience only and do not affect interpretation.
- These Terms and Conditions of Hire were last revised on 15th March 2022 at 2:00pm.
Note: You are not buying the Trailers or Equipment. Do not agree to this agreement before you read it. You are entitled to a completed copy of this agreement. If you have any questions regarding any Terms and Conditions within this Trailer and Equipment hire agreement, email Jay@mantaraytrailerhire.com.au or call 0402 701 90