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TERMS AND CONDITIONS

Terms and Conditions – Anytime Trailer Hire
1. Definitions
1.1“Owner” means Saliani Group Pty Ltd, trading as Anytime Trailer Hire ABN 59608634484 and/or its related companies (as defined in the Corporation Act 2001) and/or its authorised agents.
1.2 “Hirer” means the person hiring the Trailer from Anytime Trailer Hire, who has entered into a Hiring Agreement with the Owner.
1.3 “Hirer’s Details” means the current personal information of the Hirer required to Hire a Trailer.
1.4 “Trailer” means Trailers, including all wheels, spare wheel and any accessories that may have been supplied by the Owner as part of the Hiring Agreement. It does not include the Hirer’s personal loads or goods carried in the trailer or Personal Property placed in the trailer by the Hirer or any other person.
1.5 “Owner Site or Site” means the pick-up and drop-off premises where the Owner stores Trailers and hires them out from.
1.6 “Hire” or “Hiring” means to engage in the services of Anytime Trailer Hire for a fee, for the temporary use of its Trailers.
1.7 “Hiring Agreement” means the binding contractual agreement between the Owner and the Hirer.
1.8 “Hire Charge” means the fee charged for temporarily hiring the trailer from the Owner.
1.9 “Period of Hire” means the Period in which a Trailer is Hired from the Owner as per the time and date stated on the Hiring Agreement.
1.10 “Start Date and Time” means the date and time in which the Trailer is due for pickup according to the Hiring Agreement.
1.11 “Completion Date and Time” means the date and time in which the Trailer is due for return according to the Hiring Agreement.
1.12 “Fees and Charges’ means extra costs that may arise, outlined in these Terms and Conditions.
1.13 “Load/s” means any items, goods, Equipment, Personal Property and/or stock carried in the Trailer.
1.14 “Personal Property” means any Property that is owned by the Hirer including the Hirer’s Towing Vehicle.
1.15 “Towing Vehicle” means the Hirer’s vehicle being used by the Hirer to tow the Trailer whilst under Hire.
1.16 “Opening Hours” means the times the Owners Site is open for business.

2. Binding Contract between Hirer and Owner
2.1 A binding contractual agreement between the Owner and the Hirer, referred to as “Hiring Agreement” comes info effect when the Hirer requests a “Trailer Booking” and accepts these Terms and Conditions.
2.2 If a Hirer wishes to Hire a Trailer from the Owner, the Hirer must request and accept a Trailer Booking which is conditional of the Hirer accepting the Owners Terms and Conditions of Hire. Terms and Conditions are deemed to be accepted by the Hirer by clicking the box “I agree and understand the terms and conditions of hire” when the booking is made on Anytime Trailer Hire Website or App. If the Trailer Booking is made over the phone, the Hirer will receive a website link to the Terms and Conditions on their mobile and are deemed to have accepted if they proceed with the hire.
2.3 During the period of this contractual agreement the Hirer must not
2.3.1 Part with possession of the Trailer
2.3.2 Sell, offer for sale, assign, mortgage, pledge or underlet the trailer or any interest of the hirer therein
2.3.3 Allow any lien to be created in respect of the trailer whether for repairs or otherwise.
2.4 These Terms and Conditions may apply past the Completion Date and Time stated on the Hiring Agreement where required.
2.5 A copy of the Owners current Terms and Conditions can be found online at https://anytimetrailerhire.com.au/terms

3. Bookings
3.1 The Trailer Booking can be done in following ways:
3.1.1 Online on anytimetrailerhire.com.au or affiliated websites;
3.1.2 Over the phone on 1300457099 or affiliated mobile numbers including Trailer Bookings via text messages.
3.1.3 Anytime Trailer Hire mobile App.

4. Privacy
4.1 The Hirer agrees that the Owner will collect certain information including your name, contact details, date of birth, address and driver’s licence number as well as other information.
4.2 The Hirer acknowledges that the Owner will take reasonable steps to protect your personal information from misuse.
4.3 The Hirer accepts that the Owner may use personal information as part of possible future promotions and offers.
4.4 The Hirer acknowledges that Trailer may have a tracking device fitted for monitoring purposes.
4.5 The Hirer acknowledges that the Owner may keep their personal information or details on file including licence details, credit card details and/or bank details.
4.6 Owner’s complete Privacy Policy is available on anytimetrailerhire.com.au/privacypolicy.

5. Hirer Declaration
5.1 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.
5.2 The Hirer agrees that the address on their driver’s licence is their current address.
5.3 The Hirer agrees that they must hold a current Australian driver licence to Hire a Trailer. The Owner reserves the right to refuse a Hire if the driver license is conditional.
5.5 The Hirer agrees that the Towing Vehicle being used is registered and roadworthy.
5.6 The Hirer agrees that they will NOT use a Trailer whilst under the influence of any drug or intoxicating alcohol or with a blood alcohol level that exceeds the percentage permitted by law.
5.7 The Hirer agrees to remain contactable via mobile phone at all times when Hiring a Trailer.
5.8 The Hirer agrees not to take the trailer outside the State of the Owner Site, unless written permission has been provided by the Owner.
5.9 The Hirer agrees that if the Owner is unable to make contact with the Hirer after several attempts over a 48 hour period, the Trailer will be reported stolen to the POLICE.

6. Hirer’s Liability
6.1 The Hirer acknowledges that at the time of hire that the Trailer is clean and in a good serviceable condition and road worthy. The Hirer agrees to return the Trailer in a similar condition to that which the Trailer was in at the time of hire. If in the opinion of the Owner the Hirer returns the Trailer in a dirty condition or has caused excessive wear and tear, damage or damage through neglect or carelessness or abuse, then the Hirer agrees to pay for the Trailer to be cleaned and restored to its condition as at the commencement of hire. Pre-existing damage, wear and tear is to be noted in this contract being present at the commencement of hire to protect the Hirer from liability. The Hirer shall be responsible for all freight and other charges incurred by the Owner or their Hirer in respect of the delivery and return of the Trailers except when authorized by the Owner in writing.
6.2 The Hirer agrees to make his own insurance arrangements for his/her property and the towing vehicle against loss or damage for any reason and accepts full responsibility for the towing vehicle, goods and luggage carried in or on the Trailer and understands that the Owner will not accept responsibility for any loss or damage to, or caused by the same, regardless of cause.
6.3 The Hirer assumes all responsibility for any liability, including but not limited to public third party liability, arising from the Trailer during the Hire Period.
6.4 The Hirer agrees to be liable for all the costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 10% per month, debt collectors cost and commission and legal expenses.

7. Indemnity
7.1 Neither the owner, its affiliates nor any of their respective directors, officers, trustees, beneficiaries, employees, servants, agents, advisors, insurers, predecessors or successors and assigns (collectively, “the Indemnified Owner’s Parties”) will be liable to the hirer or any cessionary or third party claiming through it or on its behalf, in respect of any claim whatsoever, whether in contract, delict or otherwise, for any loss, damages, costs, penalties or expenses directly or indirectly incurred through or as a result of any act or omission of the hirer (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the use of the trailer/s or any act of omission of the indemnified Owner’s Parties (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors).
7.2 The hirer hereby irrevocably indemnifies the Indemnified Owner’s Parties and at all times shall keep them indemnified and harmless from and against any and all actions, causes of action, claims, demands, damages, losses, interests, penalties, costs, expenses and compensation of whatsoever kind and howsoever arising which may be instituted or occasioned by any person against any of the Indemnified Owner’s Parties which is in any way associated with or related to any act or omission of the hirer (whether directly or indirectly, or through any of its directors, officers, employees, servants, agents or advisors) in the uses of the hired trailer/s or any related acts thereto.

8. Opening Hours
8.1 The Hirer agrees that the Owners Opening Hours will be stated on anytimetrailerhire.com.au.
8.2 The Hirer agrees that the Trailer cannot be Hired or Returned outside of these Opening Hours for any reason what so ever.
8.3 The Hirer agrees that Trailer will be stored securely at all times and not left outside of the Owners Site outside of Opening Hours.
8.4 The Hirer agrees that abandonment fees will apply if Trailer is left outside the Owners Site outside of Opening Hours.

9. Payment Terms
9.1 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.
9.2 The Hirer agrees to pay all Hire Charges stated on the Hiring Agreement, prior to commencement of the Hire of the Trailer.
9.3 The Hirer agrees to pay all hire extension fees prior to extending a hire.
9.4 The Hirer agrees that additional Fees and Charges may apply as per these Terms and Conditions.
9.5 The Hirer agrees to pay all Fees and Charges that apply as per these Terms and Conditions of Hire.
9.6 The Hirer authorises the Owner to charge their debit / credit card for any Fees and Charges without prior notice.
9.7 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.
9.8 The Hirer agrees that they are financially responsible for any speeding fines, tolls, traffic offences or other fines and charges incurred during the Hire.

10. Fees and Charges
10.1 The Hirer agrees that all hire extension fees must be paid up front, prior to extending the Period of Hire.
10.2 The Hirer agrees that follow up fees will apply if the Owner is required to contact the Hirer due to Trailer not being returned by the Completion Date and Time stated on the Hiring Agreement. Follow up fees will be charged at $10 per phone call, email or letter.
10.3 The Hirer agrees that late return fees will apply if Trailer is not returned by the Completion Date and Time stated on the Hiring Agreement. Late return fees will be charged at 1 full days hire rate per Trailer per day.
10.4 The Hirer agrees that late payment fees will apply if an invoice is not paid by the due date.
Late payment fees will be charged at $10 per day.
10.5 The Hirer agrees that an Administration Fee will apply for the processing of any Fees and Charges or additional administration. Administration fees will be charged at $30 per task.
10.6 The Hirer agrees that towing fees will apply if Trailer is 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.
10.7 The Hirer agrees that an abandonment fee will apply if they abandon the trailer for any reason what so ever regardless of distance from the Trailer Location. Abandonment fees will be charged at $200 per Trailer. If the trailer is abandoned 50km or more from the pickup location, the hirer will also be charged additional towing fees of $1 per km for every km over 50 kms.
10.8 The Hirer agrees that cleaning fees will apply if the trailer is returned dirty or full of rubbish. Cleaning fees will be charged at $50 per task plus $200 if rubbish needs to be disposed at a rubbish recycling centre.
10.9 The Hirer agrees that damage fees will apply if the trailer is returned damaged or not in its pre-hire condition. Damage fees will be charged on a case-by-case basis.

11. Extension of Hire Period, Return times and Late Returns
11.1 The Hirer agrees that if they wish to extend the Period of Hire they must first pay the hire extension Hire Charge.
11.2 The Hirer agrees that the Owner may deny the extension of a Hire if the Trailer is required for another Hirer or for maintenance.
11.3 The Hirer agrees that upon extending a Hire, these Terms and Conditions will apply for this hire extension period.
11.4 The Hirer agrees that on completion of hire, the Hirer at their own expense must return the Trailer to the Owner’s Site.
11.5 The Hirer agrees that the Trailer will be returned to the Owner’s Site by the date and time stated on the Hiring Agreement.
11.6 The Hirer agrees that if the Trailer is not returned to the Owners Site by the completion time and date on the Hiring Agreement, Late Fees will apply.
11.7 The Hirer agrees that they must notify the Owner of any possibility of a late return of the Trailer.
11.8 The Hirer agrees that if the Trailer are not returned to the Owners Site during business hours, the Trailer must be stored securely overnight and returned to the Owner the next day with late fees.

12. Lost, Stolen or Damaged Trailers
12.1 The Hirer acknowledges that the Trailers ARE NOT insured what so ever against theft or damage whilst on Hire.
12.2 The Hirer agrees that they will be financially responsible for the full retail replacement costs of any Trailer that is lost, stolen or damaged whilst on Hire.
12.3 The Hirer agrees that they will not continue using Trailer should they be damaged or require repairs.
12.4 The Hirer agrees that in the event of an accident or breakdown, it is their responsibility to return the Trailer to the Owners Site at their own expense.
12.5 The Hirer agrees that in the event that the Trailer is required be towed to a repairer, it will be done so at the Hirers expense.
12.6 The Hirer agrees that if the Trailer is damaged beyond the Owners repair, the Trailer will be sent to a repairer for a repair quote.
12.7 The Hirer agrees that it is their responsibility to make a claim with their insurance company and to contact Anytime Trailer Hire with the claim number and police report number within 24 hours of the incident.
12.8 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.
12.9 The Hirer agrees that they are responsible and financially liable for all punctures and tyre damage to the Trailer whilst on Hire.
12.10 The Hirer agrees that they will be financially liable for any costs related to respraying the Trailer in the event that the paint is scratched, damaged, removed or excessively worn in any way.
12.11 The Hirer agrees that the Hirer can make no claim for loss or damage against the Owner.
12.12 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.

13. Trailer Storage and Security
13.1 The Hirer acknowledges that the Trailer is not covered for theft and will remain secure from theft at all times whilst under their Hire.
13.2 The Hirer agrees that they will keep the Trailer secure with padlocks, chains or coupling locks at all times whilst under Hire.
13.3 The Hirer agrees that the Trailer will remain secure overnight in a secure location. (Behind locked gates)
13.4 The Hirer agrees that they will not leave the Trailer on the street overnight.
13.5 The Hirer agrees that upon completion of hire, the Trailer will be handed over to the Owner Site and locked up as per Owner’s instructions. The Hirer will inform the Owner via text of Anytime Trailer Hire app when the trailer has been returned.
13.6 The Hirer agrees that they will not abandon the Trailer under any circumstances what so ever.
13.7 The Hirer agrees that an abandonment fee will apply if they abandon the Trailer for any reason what so ever.
13.8 The Hirer agrees that an abandonment fee will apply if the Trailer is abandoned outside the Owners Site before or after opening hours.

14. Trailer Safety and Maintenance during hire
14.1 The Hirer agrees that they have the necessary knowledge and skills required to enable them to carry out the use of the Trailer without incident or accident.
14.2 The Hirer agrees that they have the skills and knowledge to safely tow and operate the Trailer prior to use.
14.3 The Hirer agrees that they shall use the Trailer in a skillful and proper manner and shall not speed or overload it based on the rating on the Trailer compliance plate or the Towing Vehicles tow bar.
14.4 The Hirer agrees that they will take regular rest breaks when using the Trailer over long distances or for extended periods of time.
14.5 The Hirer agrees that they will check that the Trailer is attached correctly before leaving the Owners Site.
14.6 The Hirer agrees that the Trailer will only be used to suit the manufacturer’s specifications and will not be used to perform any duties that may be considered unsafe or may cause damage.
14.7 The Hirer agrees that the jockey wheel is designed for raising and lowering of the Trailer only and is not to be used to maneuver or restrain the Trailer.
14.8 The Hirer agrees to have the coupling device attached to the Towing Vehicle at all times when loading, loaded or unloading.
14.9 The Hirer agrees that the Trailer IS NOT to be used to transport cattle, livestock or any other animals what so ever.
14.10 The Hirer agrees that the Trailer IS NOT to be towed or used by any person under the age of 18 years.
14.11 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.
14.12 The Hirer agrees that the Trailer IS NOT to be taken on any kind of dirt road, unsealed road or onto a beach.
14.13 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.
14.14 The Hirer agrees that they will use rated tie downs to secure the vehicle to the Trailer on ALL 4 corners.
14.15 The Hirer agrees that they will comply with all traffic laws and regulations whilst using the Trailer.
14.16 The Hirer agrees that it is their responsibility to ensure all light Cables, chains and accessories are correctly attached and in legal working order and that it is not the Owners responsibility.
14.17 The Hirer agrees that no person will ride in or on a moving Trailer at any time what so ever.
14.18 The Hirer agrees that they will not exceed 90km per hour or any other speed limit signs whilst towing a Trailer.
14.19 The Hirer agrees that they will not overload the Trailer as per the rating stated on the Hiring Agreement.
14.20 The Hirer agrees that it is their own responsibility to provide load tie downs for the Trailer and that the Owner is not in any way liable for the tie downs or the methods that are used.
14.21 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.
14.22 The Hirer agrees that only rated and approved tie downs will be used when securing loads to the Trailer.
14.23 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.
14.24 The Hirer agrees to ensure that no part of any load will part from or leave the Trailer during transit or otherwise.
14.25 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.
14.26 The Hirer agrees that they will not lift, carry or move a trailer by hand as injury may occur.
14.27 The Hirer agrees that they will follow the correct manual handling techniques when loading or unloading a Trailer and take regular rest breaks.
14.28 The Hirer agrees that the Owner is in no way responsible for any injuries that may occur whilst hiring a Trailer.
14.29 The Hirer agrees that a brake controller unit must be used at all times whilst towing a Car Trailer with electric brakes.
14.30 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 the Helpline number provided or 1300457099 prior to further use of the Trailer.
14.31 The Hirer agrees that if there are any faults or issues with the trailer that they will not continue to use the trailer in any way what so ever.
14.32 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.
14.33 The Hirer agrees that they will not attempt to alter, service or repair the Trailer in any way excluding tyre pressure.
14.34 The Hirer agrees that the Owner will be informed of all punctures prior to the changing of any tyres.
14.35 The Hirer agrees that the Trailer 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.
14.36 The Hirer agrees that it is their responsibility to keep the Trailer in a roadworthy condition. If the Hirer feels that the Trailer requires attention, they are to contact the Owner, or technical support 24/7 and return the Trailer to arrange a maintenance inspection as soon as possible.
14.37 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.
14.38 The Hirer agrees that it is their responsibility to keep Trailers tyres in a safe, roadworthy condition at all times.
14.39 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.
14.40 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.
14.41 The Hirer agrees that spare tyres are supplied by the Owner and is to be carried with the Trailer at all times.
14.42 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.

15. Termination
15.1 The Owner may, notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate the Hire Agreement and immobilise or repossess the Trailer without prior notice or written demand in any of the following events:
15.1.1 If the Hirer shall fail to pay any Hire Charge when due;
15.1.2 If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with their 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; and
15.1.3 If, in the reasonable opinion of the Owner, the Trailer is at risk of Damage, loss or confiscation.
15.2 Either the Hirer or the Owner may terminate the Hire Agreement at any time if the other party commits a material breach of the Hire Agreement.

16. Prohibited Uses
16.1 The following uses of trailer are prohibited: (a) transporting dangerous or hazardous items or illegal material; (b) towing the Trailer by anyone under the influence of drugs or alcohol; (c) allowing the Trailer to be towed by anyone who is not a Hirer or an Authorized Driver; (d) any use of the Trailer by anyone who obtained the Trailer or extended the rental period by giving the Owner false, fraudulent or misleading information.
17. Limitation of Liability
17.1 The Owner shall not be liable to the Hirer 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.
18. Governing Law and Jurisdiction
18.1 The Hire Agreement and these Terms and Conditions are governed by the laws of Victoria. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Victoria and any proceeding brought in the Federal Court of Australia must be instituted in its Melbourne Registry.

For any questions about Terms and Conditions, please contact:
Saliani Group Pty Ltd ABN 59 608 634 484
Email: info@anytimetrailerhire.com.au
Last update: 24 May 2021

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