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The Hirer shall lease the Equipment for the Hire Period.
Trailer Hire Company may, in its discretion, agree to extend the Hire Period, should this occur then either a new Hire Agreement will be signed, or conditions will remain the same as the original Hire Agreement
When We refer to the following terms in this document:
“ACL” means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Chain of Responsibility” means legislation that extends liability for Road Law offences to all parties whose actions, inactions or demands influence conduct on the road particularly in relation to speed, fatigue, vehicle standards, vehicle roadworthiness, load restraint, and mass and dimension.
“Consumer” means a consumer as that term is defined in the ACL.
“consumer contract” has the same meaning as in the ACL.
“Consumer Guarantees” means the guarantees relating to the supply of goods and services contained in the ACL.
“Environmental Laws” means any statute, regulations or other laws made or issued by a regulatory body or government regulating or otherwise relating to the environment including without limitation the use or protection of the environment.
“Equipment” means any equipment provided by Us to You under the Hire Agreement, including any associated or attached tools, accessories and parts available for hire.
“Expected Off Hire Date” means the date that You expect the Hire Period to end. This date is set out in the Hire Schedule.
“Hire Charge” or “Hire Charges” means the rates and charges payable by You for the hire of the Equipment.
“Hire Period” means the period described in clause 4.
“Hire Schedule” means the document provided by Us to You which includes details of the Equipment You have hired, the Hire Charge, any other applicable charges, the Expected Off Hire Date and the address for delivery of the Equipment.
“Licence to Perform High Risk Work” means a validly issued licence issued by the relevant workplace health and safety departments of each respective state government required for the operation of Equipment which is considered to be high risk.
“Long Distance Location” is a location in excess of 50km from Our nearest
“New Replacement Cost” means the cost to replace the Equipment with a new item of the same equipment, or if the same equipment is not available, then the cost to replace the Equipment with a new item of equipment of the same quality, function and capacity.
“Non Excludable Provision” has the meaning set out in clause 16.3.
“Off Hire Date” has the meaning set out in clause 5.5.
“Off Hire Number” is the number given by Us to You on the Off Hire Date.
“Regulatory Authority” means any public authority or government agency responsible for regulating the performance of electrical works.
“Related Body Corporate” has the same meaning as in the Corporations Act 2001.
“Relevant Documents” means:
(a) the completed Hire Agreement; and
(b) any Guarantee, Indemnity & Charge which guarantees all monies owing by You to Us.
“Road Law” means any law, regulation or rule relating to the use of a road, restrictions on driving hours (in whichever legislative instrument those requirements may appear), mass, load and restraint requirements for the carriage of goods, dangerous goods, environmental impacts and speed and traffic requirements and includes the Heavy Vehicle National Law.
”small business contract” has the same meaning as in the ACL (as amended).
“Special Conditions” means the Trailer Hire Company special conditions of hire July 2014 edition or as amended from time to time, located at www. coateshire.com.au.
“We/Us/Our” means Trailer Hire Company Pty Ltd any Related or Authorised entities of Trailer Hire Company Pty Ltd and their successors and assigns.
“You/Your” refers to the person, firm, organisation, partnership, corporation, trust or other entity hiring Equipment from Us. The reference to “You/Your” includes any of your employees, agents and contractors.
7.1 You must pay all Hire Charges and other fees, charges and costs prior to collecting the equipment.
7.2 We are entitled to recover any fees owing for damage, cleaning, rental fees, overdue fees or any other associated cost, fee or fine from the security deposit held.
8.1 This Hire Agreement is personal to You and You must not allow nor authorise any other person or entity to use, re-hire or have possession of the Equipment at any time, unless expressly agreed by Us in writing.
8.2 You agree that before taking delivery of the Equipment, You have satisfied Yourself as to the suitability and condition of the Equipment and You will ensure that the Equipment is used only for the purpose for which it was designed by the manufacturer. We make no representations and give no guarantee or warranty that the Equipment is suitable for Your intended purpose.
8.3 You must:
8.4 You must:
8.5 At all times during the Hire Period, You must store the Equipment safely and securely.
8.6 Whenever You are moving the Equipment, You must ensure the safe loading, securing and transporting of all Equipment in accordance with all laws and manufacturer’s guidelines. You (or any contractor You engage) must observe any safety directions advised by Us and/or the manufacturer of the Equipment to ensure its safe loading and handling.
8.7 You must not remove the Equipment from the State or Territory in which You hired it without Our written consent.
8.8 You must not use the Equipment off-shore, in a mine, in an area where friable asbestos is present, or move the Equipment over water without Our prior written consent, which may be reasonably withheld.
8.9 You warrant that You will comply with all Environmental Laws from time to time and immediately rectify any breach of an Environmental Law caused by the use of the Equipment.
8.10 You must use best endeavours to ensure that the Equipment is not contaminated with any hazardous substances (including asbestos). You must advise Us of any risks of hazardous substance contamination to the Equipment as soon as they become apparent. Where Equipment may have been subjected to contamination, You must effectively decontaminate the Equipment, as well as provide Us with written details of decontamination processes applied. If, in Our opinion acting reasonably, the Equipment is not capable of being decontaminated, You will be charged for the replacement cost of the Equipment.
8.11 Any electrical Equipment provided by Us will be tested and tagged before it is hired to You.
9.1 You acknowledge that We own the Equipment and in all circumstances We retain title to the Equipment. Your rights to use the Equipment are as a bailee only.
9.2 You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.
9.3 You acknowledge that We may hire or lease Equipment from a third party if we cannot provide the Equipment to You (“Third Party Owner”), and if this occurs, title in the Equipment remains with the Third Party Owner.
You are responsible for any loss, theft or damage to the Equipment from any and every event whatsoever and howsoever and by whosoever caused during the Hire Period except where any such loss, theft or damage was caused by Our actions.
11.1 You must return the Equipment to Us in the same clean condition and good working order it was in when You received it, ordinary fair wear and tear excluded. If You do not properly clean the Equipment or in Our view (acting reasonably) the Equipment is not decontaminated, We will charge You a cleaning cost in accordance with clause 6(c) and You will be liable to continue to pay the Hire Charges for that portion of the Hire Period during which the Equipment is being cleaned by Us (and notwithstanding that You may have provided a clearance report that the Equipment is not contaminated).
11.2 Except in the circumstances set out in clause 12.3 below, it is Your responsibility to return the Equipment to the branch You hired it from during normal business hours.
11.3 If We have agreed to collect the Equipment from You, You must ensure it is kept safe and secure until the time of collection.
12.1 In the event that the Equipment breaks down or becomes unsafe to use during the Hire Period You must:
12.2 We will:
13.1 If the Equipment has broken down or become unsafe to use as a result of Your acts or omissions, (or the acts or omissions of Your employees or contractors) or if the Equipment is lost, stolen or damaged beyond fair wear and tear during the Hire Period, You will be liable for:
13.2 Provided that You pay the costs and charges described in clause 13.1, We will return or replace the Equipment, and You must continue to pay the Hire Charges for the remainder of the Hire Period.
14.1 The Insurance Waiver (‘Insurance Waiver’) is not insurance, but is an agreement by Us to limit Your liability in certain circumstances for loss, theft or damage to the Equipment to an amount called the insurance Waiver Excess.
14.2 The insurance Waiver Fee will be charged to You in addition to Your Hire Charges and will be set out in Your Hire Schedule.
14.3 Where You have paid the insurance Waiver Fee, We will waive Our right to claim against You for loss, theft or damage to the Equipment if:
14.4 Even if You have paid the insurance Waiver Fee, We will not waive Our rights to claim against You for loss, theft or damage to the Equipment and insurance Waiver will not apply if the loss, theft or damage:
15.1 A guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Hire Agreement or its subject matter are excluded to the maximum extent permitted by law.
15.2 Nothing in this Hire Agreement excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Consumer Guarantees.
15.3 We will not be liable to You for any consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs You have incurred, amounts that you are liable to Your customers for or any loss suffered by third parties under or relating to this Hire Agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
15.4 You are liable for and indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any environmental loss, cost, damage or expense) in respect of:
In respect of Your hire or use of the Equipment or Your breach of the Hire Agreement. Your liability under this indemnity is diminished to the extent that Our breach of the Hire Agreement or Our negligence causes the liability, claims, damage, loss, costs or expenses.
16.1 We may terminate the Hire Agreement immediately if You or any third party has made a false statement in, or breached any provision of the Relevant Documents.
16.2 These rights of termination are in addition to any other rights either party has under the Hire Agreement and does not exclude any right or remedy under law or equity.
If You are in breach of the Hire Agreement or if the Hire Agreement or a Hire Period has been terminated under clause 16, We may, at Your cost, take all steps necessary (including legal action) to recover the Equipment, including entering Your premises to do so and You expressly consent to Us entering Your premises for the purposes of recovering Our Equipment.
If You collect or receive the Equipment and find that it is broken, damaged and/or defective, You must notify Us within 24 hours after You collect or receive the Equipment. If You do not notify Us within this time period, We are entitled to assume that the Equipment You collected or received was in good order and condition.
You remain responsible for daily maintenance and care of all Equipment, including but not limited to, checking of all fluids (fuel, oil, water, battery levels, waste tanks etc.), checking of all hoses (hydraulic, fuel and water), general tightening of any loose nuts, bolts, belts or fittings and lubrication of all grease points.
20.1 We will comply with the Australian Privacy Principles in all dealings with You.
20.2 We may need to collect personal information about You, including but not limited to, Your full name and address, drivers licence details, credit card details and date of birth. You consent to Us using Your personal information in order to:
20.3 You have the right to access the personal information We hold about You.
21.1 Neither party will be responsible for any delays in delivery or installation due to causes beyond their control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
21.2 Nothing in clause 22.1 will limit or exclude Your responsibility and liability under the Hire Agreement for Equipment that is lost, stolen or damaged beyond fair wear and tear during the Hire Period, or has broken down or become unsafe to use as a result of Your conduct or negligence.
The Hire Agreement is governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of that State in respect of any proceedings arising in connection with the Hire Agreement. Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
The Hire Agreement comprises the entire agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order supplied by You) apply to the hire of the Equipment.
You acknowledge that neither We nor any person acting on Our behalf have made any representation or other inducement to You to enter into the Hire Agreement and You have not entered into the Hire Agreement in reliance on any representations or inducements (including in relation to the use of the Equipment) except for those representations contained in this Hire Agreement.
25.1 The person signing or accepting the terms of any document which forms part of the Hire Agreement or Relevant Documents for and on behalf of You hereby warrants that he or she has Your authority to enter into the Hire Agreement on Your behalf and grant the security interests in connection with it and is empowered to bind You to the Hire Agreement and each security interest granted in connection with it.
25.2 The person signing or accepting the terms of this Hire Agreement indemnifies Us against all losses, costs and claims incurred by Us arising out of the person so signing this Hire Agreement not in fact having such power and/or authority.
For further information about our range of products and prices, please enter your details in the form to get access to our detailed video tours, package options and the opportunity to have the information package posted out to you.
