Terms & Conditions of the Rent to Own offer

The conditions of the RENT to OWN contract set out herein are the only conditions upon which the hirer/purchaser may rent then own this trailer from Saliani Group Pty Ltd t/a Anytime Trailer Hire

CONDITIONS

In this document the word “Owner” means “Saliani Group Pty Ltd ABN 59608634484 and/or its members or agent”, and the word “trailer” means “trailer and all equipment attached thereto or hired under this Agreement”.  The “hirer” means the customer, hirer or purchaser of the trailer under this agreement”

The hirer agrees the trailer is in a good and serviceable condition.

The Hirer acknowledges and warrants that all information provided is true and accurate and can be relied upon by Saliani Group Pty Ltd.

Term of Hire:  The minimum period for the initial hire of the trailer by the hirer is three (3) months from the date of the RENT to OWN contract.

Payment:  The hirer will on a weekly basis via a direct debit facility pay the weekly hire fee described in the RENT to OWN contract. This fee will be direct debited every week for duration of hire period until the total all agreed payments have been made. In the event that a weekly payment is missed an administration fee will be charged by Saliani Group Pty Ltd to the hirer at the rate of $25.00 per late payment. The Hirer authorizes all charges for the hire of the trailer to be direct debited from the hirers account or credit card. The Hirer agrees that all additional charges related to the hire of the trailer such as administration charges, bank charges for late payment, default on payments or repair costs etc will be automatically charged and debited to the hirer’s credit card. The failure by the hirer to meet the weekly rental payments and or the failure by the hirer to return the trailer when advised to Saliani Group Pty Ltd will see the hirer being considered in default of this contract. Once the hirer is 2 or more weekly payments in arrears then the hirer is considered in default of this contract and Saliani Group Pty Ltd may proceed with recovery action.

Default: Contracts in default will have the matter placed in the hands of a collection agency for the recovery of the outstanding amount in full along with the collection of the trailer.  All costs and charges associated with the collection of amounts in default and the trailer will be charged to the hirer and added to the outstanding amount for collection. The hirer acknowledges that if the account is overdue, Saliani Group Pty Ltd at its discretion, reserves the right to refer the account to a Mercantile Agency for collection and the Hirer agrees that all costs chargeable by the agency (as if the account had been collected by the agency) will be added to the account. And legal costs incurred by  Saliani Group Pty Ltd  to collect the account will be recoverable “on an indemnity basis” and will form part of the debt.

Amount for Collection: The amount for collection when in default is the total amount of outstanding rental payments including damage waiver if selected plus the balance of the rental payments plus damage waiver if selected for the term of the contract plus the cost of collection plus the cost of recovery of the trailer.  The total amount of collection will be invoiced to the hirer and is due and payable immediately.

Recovery of Trailer:  In the event the hirer fails to return the trailer once notified of the default the matter will be placed in the hands of a repossession agency for the recovery of the trailer. Saliani Group Pty Ltd charges a fee of $2500.00 for recovery of any trailer and this amount is added to the outstanding amount for collection. In the event that the hirer is in default of their contract the hirer authorises Saliani Group Pty Ltd or its representative to enter their property for the purposes of collection.

Change of Details:  It is the responsibility of the hirer to inform and update Saliani Group Pty Ltd immediately should any changes occur to the hirers’ details including changes of address, email, telephone number, bank account or credit card.

License Details.  The Hirer agrees that the license and credit card provided must be from the same person.  The Hirer agrees that in the event of incorrect license details being provided that the credit card details provided by the hirer are proof of hire.

Registration:  The trailer is owned by Saliani Group Pty Ltd ABN 59608634484 and will be registered in the name of Saliani Group Pty Ltd.  The cost of registration is paid for by Saliani Group Pty Ltd.  When the trailer payments have been completed, Saliani Group Pty Ltd will transfer the registration to hirer and the outstanding registration is charged to the hirer pro rata.

After Initial Hire Period:  Upon completion of the three (3) month initial hire period the hirer may return the trailer to Saliani Group Pty Ltd and discontinue the Rent to Own contract without any extra charges.

End of the Hire Term:  Upon completion of the total Term of Hire, Saliani Group Pty Ltd will transfer the registration and ownership of the trailer to the Hirer.

Alterations to the Trailer:  Alterations and additions to the trailer are not permitted without the express written consent of Saliani Group Pty Ltd.

Ceasing the Trailer Hire:  In the event that the hirer wishes to return the trailer from hire after the three (3) month initial hire period then the hirer must return the trailer to the address of Saliani Group Pty Ltd by making an appointment first. The hire payments will cease at the conclusion of the month that the hire trailer is received at Saliani Group Pty Ltd.

Returning the Trailer:  The hirer is responsible upon cessation of the hire to return the trailer to Saliani Group Pty Ltd in good working order and in a roadworthy condition.

Loss or Damage:  In the event that the trailer is damaged beyond repair, lost or stolen then the hirer must advise Saliani Group Pty Ltd Immediately.  The hirer must pay Saliani Group Pty Ltd the outstanding balance of the hire period. The Hirer will be held totally responsible for any damage caused to the trailer while it is covered by this contract, and will also be liable for all costs incurred in recovery of and repair of the trailer.  The Hirer agrees to accept liability for the loss of and/or any damage to the trailer. The Hirer has the option of selecting a DAMAGE WAIVER to cover against the cost of accidental damage (see below).  The hirer shall not be compensated for any loss of time incurred by the hirer as a result of any component of mechanical failure of the trailer.

Knowledge and Guarantee:  The hirer shall use the trailer in a skillful and proper manner and shall not speed or overload it.  Trailers must not be used to carry more than half a ton unless they are legally registered to do so.  It is suggested that weight should be 60% in the front half of the cargo space.  It is recommended that the hirer must not exceed 80km per hour whilst towing a trailer.  The hirer acknowledges that the VicRoads requires safety chains and proper lights.  It is the hirer’s responsibility to comply with all regulations including load capacity of the trailer and of the towing vehicle.  In relation to the tandem trailers, the hirer acknowledges that to comply with the VicRoads regulations the trailer must not gross more than 0.75 of a ton without the brakes on the trailer being connected to the towing vehicle.  The Hirer guarantees Saliani Group Pty Ltd that they have the knowledge, skill and ability required to enable them to carry out the loading and towing of this unit without incident or accident.  The Hirer will not load or tow this unit without the knowledge, skill and ability required to fulfill this guarantee.

Transfer of Agreement:  This agreement may not be transferred or assigned to any other party.   During the continuance of the hiring, the hirer will not:- Sell, offer for sale, assign, mortgage, pledge or underlet the trailer or any interest of the hirer therein; Part with possession of the trailer; Allow any lien to be created in respect of the trailer whether for repairs or otherwise.

Insurance:  The Hirer shall make his own insurance arrangements and assume all responsibility for any liability arising from the trailer while the trailer is in the care and control of the hirer or is being used by the hirer.  The trailer is not insured against theft or damage and it is the hirer’s responsibility to keep it secure.  The hirer must advise their insurance company that they have an ‘Insurable Interest’ in the trailer due to the Rent to Own contract. The hirer is totally responsible for any lost, stolen, mislaid or damaged components or equipment or damage and theft of the trailer. A damage waiver is available for an additional weekly fee and this damage waiver covers the cost of any accidental damage that may be caused during the time the hirer is in possession of the trailer whilst on hire. The Damage Waiver does not cover theft.  Hirer agrees to insure his/her own property and towing vehicle against loss or damage for any reason whatsoever prior to loading or towing trailer and agrees that no claim for loss or damage can be made against the Owner.

Damage Waiver.  The DAMAGE WAIVER is optional for an additional weekly fee and covers the hirer, against the repair or replacement cost of the trailer in the event of an accident (Accidental damage to the TRAILER only) normal wear and tear, paintwork, tyres, jockey wheel, broken lights and hirers goods are excluded.  The DAMAGE WAIVER will not cover you the hirer in the event of OVER LOADING, UNSECURED LOADS, INCORRECTLY LOADED or UNLAWFUL USE of the hire item.  The DAMAGE WAIVER is an option available to customers only on the start date of this contact.

Damage Waiver Inclusions:  The damage waiver is option for an additional weekly fee and provides cover against the repair or replacement cost of trailer in the event of accident.  Damage waiver provides cover for accidental structural damage to the trailer only.

Damage Waiver Exclusions:  The damage waiver excludes normal wear and tear, damage to paintwork, dents to the body of the trailer, wheels and tyres, jockey wheels, lights and wiring, hirers’ property and goods.  The damage waiver does not provide cover in the cause as a result of deliberate damage, overloading, unsecure loads, incorrectly loaded and illegal use of the trailer.

Theft: Damage waiver does not cover against theft of the trailer.

Damage Waiver Availability:  Damage waiver is an option available only at the start date of the contract and cannot be provided after this date.

In the Event of an Accident:  In the event of an accident where the trailer requires repair or replacement and a claim is to be made on the damage waiver then Saliani Group Pty Ltd must be provided with the police report providing all details regarding the accident prior to the approval of any claim.  Then hire fee remains payable and uninterrupted throughout the period of the repair of any the trailer.

Freight Charges and other Costs:  The hirer shall be responsible for all freight and other charges incurred by the owner or the hirer in respect of the delivery and return of the trailer.

Service and Maintenance:  During the initial hire period and thereafter the hirer is totally and absolutely responsible for the care and maintenance of the trailer.  The trailer must be serviced at the expense of the hirer every 5000km or every 6 months whichever is reached first.  All replacement parts including tyres are at the hirers’ expense.  In the event of a trailer breaking down the hirer shall arrange at his own expense to have the trailer repaired. It is the hirers’ responsibility to maintain the trailer to a roadworthy standard.

Responsibility:  The hirer will be held totally responsible for any damage caused to the trailer while it is covered by this contract, and will also be liable for all costs incurred in recovery of and repair of the trailer.

Maximum Loads.  The maximum load carrying capacity of any trailer is the registered Gross Vehicle Mass (GVM) also know at the Aggregate Trailer Mass (ATM) less the weight of the trailer (TARE Weight).

Important Towing Vehicle Limitations.   The Aggregate Trailer Mass (i.e. mass of trailer plus load) MUST NOT exceed the maximum towing capacity of the tow vehicle as specified by the vehicle manufacturer.  You can check these details on towbar’s manufacturer’s specification plate on towbar.  Trailers fitted with over-ride brakes may not be towed by a vehicle whose unladen weight is less than the total weight of the trailer and any equipment or load on the trailer.

A 50mm diameter tow-ball is a standard requirement for all hire trailers.

Traffic Infringements:  The hirer is responsible for any traffic infringement notices that may be received by Saliani Group Pty Ltd throughout the hire period in respect to the trailer hired in the RENT to OWN contract. All fines e.g. Traffic and tolls but not limited to will be charged a $25.00 administration fee plus the value of the fine where applicable.  I, the customer authorises Saliani Group Pty Ltd  to debit my credit card for the administration fee plus the fine value where applicable without any further correspondence for any fines incurred whilst the trailer is covered under this contract.

Occupational Health and Safety Requirements for Trailer Hire.  As a holder of a current drivers license, I the hirer understand the obligations I have to safely operate any 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 trailer hire. Your trailer 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 trailer, we recommend that you do not use the trailer 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. Do not use the trailer if there are doubts about its roadworthiness and organize its repair. As part of the hire program and in addition to the conditions of use, it is your responsibility to repair any identified or potential faults with the trailer, immediately. I am competent with (and not limited to):

• Correctly connecting and disconnecting the trailer coupling hitch.
• Correctly applying the safety chain connections.
• Correctly applying the trailer light plug connections.
• Conduct the light operation checks, prior and after use.
• Ensure safe load distribution on and off the trailer.
• Ensuring any load is safely secured during loading/unloading activities, or when parked or under tow.
• Correctly securing the jockey wheel when the trailer is both under tow and not under tow.
• The maximum load rating allowed for this trailer.
• The braking system of the trailer (if applicable).
• Not to operate the trailer with over or under inflated tyres.

For further information on the above please contact Saliani Group Pty Ltd.

Indemnity:  The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner’s servants and agents 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 goods or otherwise.

Exclusion of Liability:  The Owner shall not be liable to the Hirer or the Hirer’s servants 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, use, maintenance, transport, operation of the goods or otherwise.

Operation of Clause:  The previous 2 clauses hereof to the extent they are inconsistent with other clauses, terms or conditions of the Agreement are to override such clauses and be of paramount force.