Vehicle and Trailer Hire Terms & Conditions

The Hirer acknowledges that the Vehicle is in good repair and that it is clean and undertakes to return it in a similar condition (fair wear and tear excepted). Vehicles returned in a dirty condition, in the opinion of the Owner, shall be cleaned at the Hirer’s expense at the current hourly rate.
The Hirer must use the Vehicle in a skilful and proper manner and must:
1. not use the Vehicle for conveying or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed. If no load is stated on vehicle then excess load is 500kg;
2. not use the Vehicle when it is damaged or unsafe and must keep the Vehicle secure at all times;
3. not use the Vehicle in contravention of any law; and
4. not allow persons other than the Hirer to operate the Vehicle, without the written consent of the Owner.
This agreement may not be transferred or assigned to any other party without the consent in writing of the Owner.
The Hirer agrees to sign such authority as the Owner deems necessary to facilitate payment of the deposit and the recovery of costs in the event of damage to the vehicle.
1. Where applicable, the Optional Damage Waiver covers only damage to the Vehicle during the period of hire and does not cover damage:-
  1. to other property or claims by other persons, under any circumstances;
  2. due to negligence or criminal action by the Hirer, particularly where a breach of the traffic regulations has been committed;
  3. resulting from overloading, speeding or misuse of the Vehicle;
  4. when the Vehicle is overdue for return to the Centre or one-way depot;
  5. when the Optional Damage Waiver fee has not been paid prior to the damage occurring;
  6. to tyres unless the damaged tyre is returned for Owner’s inspection and the damaged tyre is accepted by the manufacturer as faulty;
  7. arising from more than one accident or event;
  8. to overhead structures, which damage is the sole responsibility and cost of the Hirer.
2. Damage Waiver does not cover replacement cost of the Vehicle caused by theft or abandonment, during the period of hire.
The Hirer is liable for, and indemnifies the Owner against, loss of, theft of, and, all damage to, the Vehicle howsoever caused and all property damage or bodily injury arising out of the Vehicle hire and whilst the Vehicle is in the care, custody or control of the Hirer or is being used by the Hirer to the extent not covered by any Optional Damage Waiver.
The Owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this Agreement and repossess the Vehicle in any of the following events:-
1. If the Hirer shall fail to pay any hiring charges when due;
2. If the Hirer shall do or permit any act or thing whereby the Owner’s rights in the Vehicle may be prejudiced;
3. If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or, in the case of a Hirer being a limited company, should an order be made or a resolution be passed for the winding up of such company; or
4. If the Hirer commits any breach of this Agreement.
Without prejudice to the rights of the Owner to recover from the Hirer any moneys due under this Agreement or damages for breach hereof, the Owner may enter into or upon any premises where the Vehicle may be located for the purpose of repossessing the Vehicle. The Hirer indemnifies the Owner in respect of any claims damages or expenses arising out of any action taken under this clause.
1. The Hirer must, at its cost, return the vehicle to the Centre or other location agreed between the parties by the Due Date.
2. If the Vehicle cannot be returned by the Due Date, the Hirer must, prior to the Due Date, notify the Owner and request an extended return date. If the Owner does agree to an extended return date, the Vehicle must be returned by such date as notified by the Owner. The Owner is not obliged to agree to an extended return date. The Hirer must continue to pay hire charges on the Vehicle at a rate commensurate with the normal hire rate for any extended rental period.
3. If the Vehicle is not returned by the Due Date and no request for an extended return date has been made and agreed by the Owner, the rental of the Vehicle shall, for charging purposes, be treated as a new hire commencing from the Due Date. The Hirer shall be liable for the new hire charges and all costs incurred by the Owner in locating and recovering possession of the Vehicle.
4. If the Vehicle is not returned within 24 hours of the Due Date or by the date determined under paragraph (b) above, the Owner may report the Vehicle as being stolen or unlawfully used to any Police Officer.
5. The Hirer agrees to indemnify the Owner against any cost incurred by the Owner due to the Hirer’s failure to return the Vehicle when required under this clause. If the Vehicle is retuned after 5:00pm on any day, the Hirer shall pay an additional sum of $100.00, or as otherwise determined by the Owner, acting reasonably, (reopening fee) at the time of return of the Vehicle.
During the continuance of the hiring, the Hirer will not:-
1. Sell, offer for sale, assign, mortgage, pledge or underlet the Vehicle or any interest of the hirer therein;
2. Part with possession of the Vehicle;
3. Allow any lien to be created in respect of the Vehicle whether for repairs or otherwise;
4. Use the Vehicle at a distance more than 100 kilometres from the Centre.
In the event of a Vehicle breaking down the Hirer shall arrange, at his own expense, to return it to the Owner forthwith. The period of the hire shall be determined upon such return of the Vehicle to the Owner. In no event shall the Owner be responsible for any expenditure, damage and/or loss incurred by the Hirer arising out of any breakdown or failure of the Vehicle, whether caused by fair wear and tear, negligence on the part of the Owner or any other reason whatsoever.
The Hirer must notify the Owner as soon as possible by telephone and then in writing of any damage, injury, risk or liability which might lead to a claim by any person under any insurance policy. The particulars to be supplied by the Hirer must contain the fullest information available, including names, addresses, registration details, vehicle descriptions and licences details of other parties; names and addresses of witnesses and Police Officer’s details. The Hirer must not make any admission of liability without the Owner’s consent and must forward to the Owner copies of all letters, claims and documents relating to any proceeding arising out of the Hirer’s hire of the Vehicle.
“The Owner” means the party entitled to possession of the Centre listed in the front page of this Agreement and its employees, agents, successors and assigns; and the word “Vehicle” includes “truck, forklift, pallet jack, trailer and all equipment and accessories attached thereto and hired under this Agreement as particularised on the front sheet of this Agreement’.
Where a Vehicle or part thereof is damaged whilst on hire and no deposit is paid, the Excess stated on the Agreement will still apply.
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