1.1 “Agreement” means invoice read in conjunction with these terms and conditions.
1.2 “Location” means the pick-up and drop-off address where the Owner stores the Trailer.
1.3 “Invoice” means a paper invoice signed by Hirer or an online invoice accepted by Hirer through www.anytimetrailerhire.com.au.
1.4 “Hirer” means the person or entity depicted in the Invoice as hiring the Trailer.
1.5 “Owner” is Saliani Group Pty Ltd trading as Anytime Trailer Hire ABN 59608634484 and its authorised representatives.
1.6 “Trailer” means the trailer depicted in the invoice including all wheels, spare wheel and any accessories that may have been supplied by the Owner as part of the Trailer Hire Agreement.
1.7 “Hire Period” means the period of hire as recorded on the Invoice.
2. Trailer Hire Agreement:
2.1 The Owner agrees to hire the Trailer for a set period of time against a set Hire Charge subject to the provisions of this agreement.
2.2 The Hirer must hold a valid Australian Drivers License and produce it during pickup upon Owner’s request.
2.3 The Hirer hereby certifies and warrants to the Owner that he/she is competent operating the Trailer and will conduct all steps before towing the Trailer including a) connecting and disconnecting the trailer coupling hitch b) applying safety chain connections c) applying the light plug connections d) securing jockey wheel during tow and during park e) safely distributing and securing loads inside the Trailer f) checking all lights, signals and tyre pressure.
3. Hire Charge
3.1 The Hirer shall pay the Owner the full Hire Charge recorded in the invoice before taking possession of the Trailer.
3.2 Hire Charge may include hire fee, security deposit fee, damage liability reduction fee, and trailer accessories hire fee.
3.3 Security deposit fee of $50 will be refunded to the Hirer upon return of the Trailer, subject to deductions as provided for in this agreement.
4. Proper use and prohibitions
4.1 The Hirer may only use the Trailer for purposes of transporting materials that do not cause damage to the Trailer, barring normal wear and tear.
4.2 Each Trailer has a weight restriction recorded on the Trailer and the Hirer warrants that such weight will at no time be exceeded during the Hire period.
4.3 Only the Hirer or its duly authorised representative may use the Trailer during the Hire Period.
4.4 The Trailer may not be lent or rented out to any third party, whether gratuitously or for a fee.
4.5 The Trailer must be used in accordance with the road traffic regulations and any other relevant laws.
4.6 The Hirer is to ensure that he/she is only towing the Trailer with the correct towing vehicle. The Aggregated Trailer Mass (Trailer plus load) must not exceed the maximum towing capacity of tow vehicle as specified by the vehicle manufacturer.
4.7 The Owner hereby states that great care has been taken to adhere to the legislative conditions of the Trailer and traffic rules as a whole but the Owner accepts no liability for any fines imposed due to different interpretations by the various traffic authorities.
5. Condition of the Trailer
5.1. The Trailer is deemed to be in good working order once the Hirer takes possession thereof.
5.2 It is the responsibility of the Hirer to ensure that the Trailer is received in good working condition and any damages should be reported to the Owner before the Trailer is removed from the Site
5.3 In the event that the Hirer detects any material defects in the Trailer, the Owner must be notified immediately. Thereafter, unless the Owner directs otherwise, the Hirer must immediately cease using the Trailer.
5.4 The Owner reserves the right to exchange the Trailer with an equivalent Trailer at any time during Hire Period.
6.1 The Hirer may not cause any repairs to be done to the Trailer without first obtaining the Owner’s written consent.
6.2 The Owner shall be entitled to recover any repair costs from the Hirer which is not attributable to normal and/or acceptable wear and tear.
6.3 The Hirer may not change the electrical wiring of the Trailer in any circumstances.
7.1 Save for allowing for reasonable wear and tear in the normal and responsible use of the Trailer, the Hirer must return the Trailer in the same condition as when the Hirer took possession thereof.
7.2 After taking possession of the Trailer, the Hirer shall be liable to the Owner for any damage to or loss of the Trailer or parts thereof.
7.3 The Hirer agrees to insure his/her own property and towing vehicle against loss or damage for any reason prior to loading or towing the Trailer and agrees that no claim for loss or damage to such property or vehicle shall be made against the Owner.
7.4 Damage Liability Reduction can be purchased and paid by Hirer prior to commencement of the Hire Period or prior to extension of the Hire period. The Damage Liability Reduction is not an insurance cover, but an agreement by the Owner to limit Hirer’s liability for damage to the Trailer under clause 7.2 to a set amount of dollars. Damage Liability Reduction A will limit Hirer’s liability for damage to the Trailer to $700. Damage Liability Reduction B will limit Hirer’s liability for damage to the Trailer to $300. Damage Liability Reduction C will limit Hirer’s liability for damage to the Trailer to $0. Payment of Damage Liability Reduction fee only limits the Hirer’s liabilities for damage to the Trailer and not for other liabilities including but not limited to the loads of goods or other items left in the Trailer. This limitation of liability is not applicable if a) the damage is caused by use of the Trailer in contradiction with any conditions of this agreement b) the Trailer is lost or stolen by reason of negligence or with complicity of the Hirer as determined by investigation c) the damage is caused by the Hirer in breach of traffic laws.
7.5 For purposes of this clause, the Owner shall in its sole discretion determine, on an objective and reasonable basis, whether the Trailer has sustained damage and its determination shall be final and binding.
7.6 The Owner shall not be liable for any harm, damage or loss caused by the Trailer to the Hirer or third parties during the Hire Period, irrespective of how such harm, damage or loss occurs. The Hirer agrees to indemnify the Owner to the maximum extent permitted by law against any and all claims, demands, actions, liabilities, losses, costs and expenses.
7.7 In the event of loss or theft of the Trailer, the Hirer shall be charged for the amount at new retail replacement cost of the Trailer and included accessories.
7.8 In the event of damage to the Trailer, the Hirer shall be charged for the amount at new retail reparation or replacement cost of the Trailer and included accessories.
7.9 The Hirer shall make a claim with their insurance company in case of damage and inform the Owner about the claim details within 24 hours. If the Hirer is uninsured, the total invoice of reparation costs will be sent to them personally and paid before repairs can begin. Failure to pay the invoice within the mentioned time will cause loss of business to the Owner and the Hirer will be charged the full daily Hire Charge for every day the delay continues.
8.1 Upon completion of the Hire Period, the Trailer must be properly cleaned by the Hirer. Trailer returned in a dirty condition in the opinion of the Owner shall be cleaned at the Hirer’s expense.
8.2 The Hirer must return the Trailer at the end of the Hire Period or, if cancelled, on the date of cancellation. The Trailer must be parked and secured in the same place it was picked up from. If the Site is unattended, Hirer must put the Trailer lock key in designated key box as instructed by Owner. Failure to do so will cause the Hirer to be liable for a pro rata Hire Charge for each day after the due date plus an additional 100% fine of the normal daily hire fee or part thereof.
8.3 In addition to the above, if the Trailer is not returned within one business day after expiration of the Hire Period and no arrangements have been made with the Owner, then: a) the Security deposit will be forfeited to the Owner; b) the Trailer will be deemed stolen and reported to the Police. The Owner shall, in addition to its contractual remedies, be entitled to lay criminal charges against the Hirer without further notice.
9. Cancellation, Termination and Refund
9.1 The Owner may terminate this agreement at any time by notice to the Hirer and the Hirer will be required to return the Trailer to the Owner.
9.2 The obligations of the Hirer and the rights of the Owner under this agreement remain in effect until the Trailer has been returned to Owner and the Hirer has complied with his obligations in terms of this agreement.
9.3 If the Hirer cancels a booking at least 24 hours prior to start of Hire Period, a flat fee of $45 will be deducted from the total Hire Charge and the remaining amount deposited back into Hirer’s credit card or bank account.
9.4 If the Hirer cancels the booking less than 24 hours prior to start of Hire Period, 50% of the total Hire Charge including 100% of the security deposit will be refunded to Hirer. The delivery & pickup fee is non-refundable.
9.5 Any changes to booking such as time, date, location or size of the Trailer will incur $45 change fee depending on availability.
9.6 The Hirer authorises the Owner to charge its credit or debit card for all such administrative charges plus the fee or fine values where applicable.
10.1 All traffic fines are the responsibility of the Hirer for speeding, overloading, unlawful parking, etc. Any fines incurred whilst under this Trailer Hire Agreement will be forwarded to the Hirer.
10.2 Theft and/or accident must be reported to Police at nearest Police station as well as to the Owner within 24 hours of such occurrence.
10.3 If the Trailer is involved in accident and/or breakdown, it is the responsibility of the Hirer to return the Trailer to the same location it was picked up. The Owner does not accept any responsibility for such costs.
10.4 During the Hire Period it is the responsibility of the Hirer to keep the Trailer in a roadworthy condition. If the Trailer needs attention, the Hirer needs to contact the Owner immediately to attend to the issue.
10.5 The Owner will collect and use personal information that the Hirer provides and will take reasonable steps to protect personal information from misuse. The Owner may use personal information for provision of service, administration and Marketing.