Terms and Conditions
HIRE AGREEMENT - TERMS & CONDITIONS
1. The Trailer supplied on hire remains the property of Emphire Pty Ltd A.C.N. 649 866 384 hereinafter referred to as the “Owner".
2. "Hirer" means the party hiring the Trailer from the Owner and includes their successors, executors and permitted assigns. If the Hirer is a company, it shall include each and every Director of the Hirer.
3. “Trailer” means the trailer hired by and supplied to the Hirer, and includes any additional equipment hired by and supplied to the Hirer in conjunction with the Trailer hire.
4. “Trailer Operating Guidelines” means the Owner’s guidelines for use and operation of the Trailer;
5. “Collection Date” means the date and time nominated at the time of booking on which the Hire Period will commence.
6. “Collection Site” means the location nominated at the time of booking from where the Trailer will be collected.
7. “Return Date” means the date and time nominated at the time of booking for return of the Trailer.
8. “Return Site” means the location nominated at the time of booking where the Trailer will be returned.
9. “Hire Fee” means the agreed charge for the Trailer Hire.
10. “Hire Period” means the dates specified by the Hirer as being the period from and including the Collection Date to the Return Date.
11. “Business Hours” means the Owner’s business hours, namely 7am to 7pm Monday to Sunday.
12. Fees - The Hirer must pay the Hire Fee upon booking in order to secure the Collection Date. The Hirer agrees that the Owner may retain the Hirer’s nominated credit card details as entered at the time of booking for the purpose of processing the Hire Fee, together with any additional charges payable by the Hirer, which may include also credit card surcharge fees.
13. Cancellation – If the Hirer cancels the booking by providing at least 24 hours’ written notice prior to the Collection Date, the Hire Fee shall be refunded to the Hirer, less a Cancellation Fee. If the Hirer cancels the booking with less than 24 hours’ written notice, the Owner may retain the Hire Fee in full. If the Hirer cancels the booking but makes an alternate booking, the Owner may credit the Hire Fee to the new booking, but is not obliged to do so. Any notice of cancellation must be made by telephoning the Owner during Business Hours on 0480 375 450.
14. Collection of Trailer - The Trailer will be made available for collection by the Hirer at the nominated Collection Location. The Hirer shall be provided with a unique code via email prior to the Hire Period which will enable to Trailer to be released. The Hirer is responsible for ensuring the correct Trailer has been collected, by checking that the number of the Trailer matches the Trailer Number as notified by the Owner. The Hirer must conduct a visual inspection of the Trailer (including the winch and hydraulics) prior to leaving the Collection Location. By removing the Trailer from the Collection Location, the Hirer agrees that they have accepted it in good working order and condition. Once the Trailer has been removed from the Collection Location, the risk of the Trailer passes to the Hirer, until such time as the Trailer is returned by the Hirer to the nominated Return Site. Any defects or concerns must be raised with the Owner at the time of collection and prior to the Trailer being removed from the Collection Location.
15. Return of Trailer - The Hirer must return the Trailer to the Return Site, on the Return Date, in a clean and tidy condition and free of any items, and ensure it is secured by locking the Trailer up with the lock provided and placing the keys back into the lock box located at the Return Site. No refund shall apply where the Hirer returns the Trailer prior to the Return Date. Failure to return the Trailer to the Return Site, on the Return Date shall constitute a breach of this Agreement by the Hirer, and additional fees will apply. The Owner reserves the right to take steps to report the Trailer as stolen to the Police and any other relevant authority
16. Extension of Hire Period - Should the Hirer be unable to return the Trailer to the Return Site, on the Return Date, the Hirer must telephone the Owner prior to the Return Date during Business Hours. The Owner may agree to extend the Hire Period, subject to availability and payment of additional charges in respect of the extended Hire Period. The Hirer accepts that the Owner has the right to refuse an extension of the Hire Period and may require the Trailer to be returned on the Return Date.
17. No Damage Coverage and Damage Liability Reduction Coverage
6.1 Damage coverage or insurance against theft or damage to the Trailer while it is not in our possession or control is not provided. It is your responsibility to ensure the security of the Trailer. You must arrange your own insurance and assume all responsibility for any loss, damage, or liability arising from the use of the Trailer while it is under your care, control, or being used by you, your employees, or agents.
6.2 You are fully liable for the costs and expenses related to the repair or replacement of the Trailer if it is lost, stolen, or damaged, except as stated in clause 6.3. In the case of damage to the Trailer or its components that cannot reasonably or economically be repaired by us, you will be charged the new retail replacement cost of the Trailer or component, as applicable.
6.3 You have the option to purchase Damage Liability Reduction Coverage at an additional cost. If selected, it reduces the amount for which you are liable to us in the event of accidental damage to the Trailer while it is in your possession or control, and before it is returned to us. This coverage includes the repair or replacement cost of the Trailer but only in the event of an accident. It is valid for one (1) claim per Rental Contract. The following are not covered:
(a) Theft of the Trailer;
(b) Damage to the tires, jockey wheel, and broken lights;
(c) Your goods or property;
(d) Towing and storage costs; and
(e) Damage resulting from:
(i) Overloading;
(ii) Unsecured loads or incorrect loading;
(iii) Fire;
(iv) Unlawful use of the Trailer; or
(v) A major breach of any condition of the Rental Contract.
6.4 In the event of an accident, you are responsible for any costs incurred, including all recovery charges to return the Trailer to the nearest Empire Trailer Hire repair location. This includes all towing and storage fees incurred from the date of the accident for the recovery and repair of the Trailer.
6.5 There is no insurance coverage for property left in or stolen from the Trailer, or for the loss or damage to property belonging to or in the custody of:
(a) You;
(b) Any relative, friend, or associate of yours ordinarily residing with you or with whom you ordinarily reside;
(c) Any relative, friend, or associate of an Authorized Driver;
(d) Your employees; or
(e) Third parties.
18. Tire and Trailer Insurance Coverage
7.1 If the customer opts to purchase Tire and Trailer Insurance, they will be exempt from liability for any damage incurred to the trailer or its tires, except in cases of negligence.
7.2 'Negligence' in this context refers to any actions or omissions by the customer that fall below a reasonable standard of care, resulting in damage to the trailer or its tires.
7.3 Under this Tire and Trailer Insurance coverage, the customer shall not be held financially responsible for any accidental damage to the trailer or its tires, provided that such damage does not arise from their negligence.
7.4 The terms and conditions of the Tire and Trailer Insurance policy shall apply, and the customer is encouraged to review the policy documentation for a comprehensive understanding of coverage and exclusions.
7.5 This exemption from liability for trailer and tire damage under the Tire and Trailer Insurance coverage is in addition to the terms outlined in clauses 6 and any other relevant provisions of this agreement.
7.6 In the event of a claim under the Tire and Trailer Insurance policy, the terms and conditions of that policy shall govern the resolution of the claim."
19. Additional charges – The Hirer acknowledges that in certain circumstances, additional charges may become payable, and the Owner is hereby authorised to debit the Hirer’s nominated credit card in respect of such charges. Such additional charges include, but are not limited to:
(a) Cleaning – The Trailer is to be returned in a thoroughly cleaned condition. Should the Trailer require cleaning, in the Owner’s sole discretion, the Hirer shall be charged a cleaning fee of $75.00 for any cleaning required to be performed by the Owner or its representatives.
(b) Failure to return Trailer – In the event that the Trailer is not returned to the Return Site by the Hirer on the agreed Return Date, the Hirer shall pay and be liable for a fee equivalent to 150% of the original daily Hire Fee, charged per day (or part thereof) ending on the day the Trailer is returned.
(c) Trailer Recovery Fee – If the Owner is required to attend to recovery of the Trailer (for example, in the event of an accident or other failure to return), the Owner may charge a recovery fee of up to $2,100.00. The Hirer shall also be responsible for all freight and other charges in connection with recovery of the Trailer.
(d) Tolls & Fines – Any toll incurred shall be payable by the Hirer, together with an administrative fee of $35.00 payable to the Owner. Any fine (parking, infringement etc.) payable by the Hirer, together with an administrative fee of $100.00. The Hirer is responsible for the payment of any toll or fine, regardless of who was in possession or control of the Trailer at the time such toll or fine was incurred.
(e) Cancellation fees may apply as outlined in these terms and conditions, including a fee of $20.00 per week (or part thereof) calculated from the time of booking.
(f) The Hirer is responsible for the theft, loss and damage to Trailer whilst on hire and the costs of replacement or repairs to such Trailer will be charged to the Hirer.
20. The Hirer specifically acknowledges and agrees that:
(a) this Hire Agreement is for dry hire of the Trailer only;
(b) the Hirer is responsible for using the Trailer in accordance with the Trailer Operating Guidelines;
(c) the Hirer is responsible for inspecting the Trailer at the time of collection to confirm for him/herself that the Trailer is in good condition and fit for purpose;
(d) the Hirer is responsible for determining whether the vehicle used to tow the Trailer is suitable, registered and insured and accepts all responsibility in this regard
(e) Trailer dimensions are approximate only. It is the Hirer’s responsibility to ensure that the correct sized Trailer has been hired for the Hirer’s intended use;
(f) there is no guarantee that fully enclosed Trailers are water tight or dust proof and the Hirer remains responsible for all goods stored within the Trailer,
(g) satellite tracking devices may be installed on the Trailer to confirm the location of the Trailer during the Hire Period;
(h) the Owner, in the Owner’s discretion, reserves the right to exchange the Trailer for a similar trailer or larger trailer at no additional charge to the Hirer;
(i) the Trailer is registered as at the date of this Agreement;
(j) the Hirer holds a current Driver Licence and necessary skills to operate and use the Trailer in accordance with legislative requirements and confirms they are one and the same as the person named in the provided Licence;
(k) the use of the Trailer by the Hirer for the purposes described herein is potentially dangerous and involves risks to both persons and property;
(l) the Hirer personally and voluntarily assumes all risks for any harm, trauma, injury or damage that may be suffered by any person or property whether foreseen or unforeseen in connection with the Hirer’s use of the Hirer Trailer;
(m) the Hirer accepts that use of the Trailer is limited to sealed roads only. Any surface which is not a sealed bitumen surface shall be deemed to be an unsealed road. At no time is the Trailer permitted to be taken onto a beach area or submerged in salt water;
(n) the Hirer shall comply with all necessary and required safety precautions;
(o) the Hirer shall not engage in reckless, negligent or foolish behaviour or any other behaviour likely to cause damage to the Trailer or injury to any or person or damage to any property whatsoever;
(p) the Hirer shall notify the Owner immediately of any mechanical breakdown to the Trailer. The Hirer shall be responsible for returning the Trailer to the Owner, to such location and at such time as directed by the Owner. Such notification does not absolve the Hirer from its obligations under this Agreement, and in the event of a breakdown the Hirer agrees that they shall not repair or attempt to repair the Trailer without the prior consent of the Owner. The Owner accepts no responsibility for any cost, damage or loss (including any consequential or economic loss) incurred by the Hirer as a consequence of any breakdown.
21. The Hirer shall:
(a) determine the condition and suitability of the Trailer hired for the purpose required prior to collection of the Trailer from the Collection Site;
(b) use the Trailer in a proper manner in accordance with instructions provided by the Owner and only for the purpose/s for which it was designed;
(c) securely store all goods or other items safely within the dimensions of the Trailer, and secure the load in the Trailer using suitable tie down materials;
(d) not overload the Trailer;
(e) ensure that the Trailer is correctly and safely connected to the Hirer’s towing vehicle, in accordance with the Owner’s recommended instructions and all legislative requirements;
(f) ensure that coupling is attached to the Hirer’s towing vehicle whilst loading and unloading the Trailer. The jockey wheel will not be used for manoeuvring the Trailer and is for raising and lowering the Trailer only;
(g) ensure that any goods or other property transported in the Trailer, together with the Hirer’s towing vehicle, are appropriately insured against any loss or damage;
(h) abide by all road rules and never exceed 100km per hour, or such lower speed limit which may apply;
(i) accept full responsibility for all damage occurring to the Trailer, howsoever caused, or loss of or theft of the Trailer during the Hire Period. The Hirer accepts full liability for any costs of repairing or replacing the Trailer should it be damaged, lost or stolen during the Hire Period;
(j) ensure the Trailer is kept clean and returned to the Return Site in a thoroughly cleaned condition. Failure to do so may result in a cleaning fee being imposed;
(k) accept full responsibility for the safe keeping and use of the Trailer during the Hire Period and except as specified herein, indemnify and keep indemnified the Owner from any action that may be brought against the Owner including claims, loss, liabilities, fines, demands, damages, interest, costs and expenses suffered as a result of or in connection with the Hirer’s use or operation of the Trailer, or any act, omission, default, failure or error on the part of the Owner (including to the extent permitted by law any negligent act, omission, default, failure or error) occurring wholly or partially during the Hire Period or any period in which the Trailer is in the possession of the Hirer;
(l) unconditionally release, waive, discharge and forever holds harmless the Owner from all claims, loss, liabilities, fines, demands, damages, interest, costs and expenses of whatsoever nature arising out of or as a consequence of the Hirer’s use of the Trailer, and for any loss, damage or injury to person (including the Hirer) or property howsoever caused (including to the extent permitted by law by the Owner’s negligent act or wilful act or omission or otherwise) in connection with the Trailer;
(m) not under any circumstances endeavour to sell, mortgage, charge or otherwise part with possession of the Trailer during the Hire Period, or assign the benefit of this Hire Agreement.
(n) not alter, make any additions to, deface or erase any identifying mark, registration or signage on or in the Trailer or in any other manner interfere with the Trailer; and
(o) pay to the Owner all hire and related charges and other costs.
22. The Hirer acknowledges and agrees that:
(a) the Hirer has read and understood these Terms and Conditions;
(b) the Hirer is legally competent to understand and accept the Terms and Conditions;
(c) the Owner will not be held liable in any way for any occurrence associated with the Hirer’s use of the Trailer which may result in harm, injury, incapacity, death, loss or damages to any person or property whatsoever; and
(d) the Terms and Conditions are contractual in nature and are intended to have legal effect and the Hirer agrees to be bound by the terms contained herein.
23. Without prejudice to any other remedies available to the Owner and notwithstanding any Hire Period specified, the Owner may terminate this Hire Agreement:
(a) at any time by giving to the Hirer 24 hours’ notice of its intention so to terminate, such termination to be effective as of the expiry of the said 24 hours; and
(b) without notice if the Hirer shall commit any material breach of the Hire Agreement.
24. Upon termination of this Hire Agreement as aforesaid, the Owner shall be entitled to take possession of and /or collect the Trailer. In this event, the Hirer irrevocably appoints the Owner its agent and authorises the Owner to enter upon the Hirer’s premises (if applicable) in order to collect and return the Trailer to the Return Site, and agrees to indemnify the Owner in respect of any claims, damages or costs arising out of any action taken by the Owner.
25. The Owner may use and disclose the Hirer’s information in connection with any future promotional or marketing undertaken by the Owner, subject to all relevant privacy legislation.
26. All amounts stated are a reference to Australian dollars (AUD) and unless otherwise specified exclude goods and services tax (GST).
27. Certain conditions and warranties may be implied into this Hire Agreement by the Competition and Consumer Act 2010, Australian Consumer Law and State legislation and these conditions are to be read subject to such legislation. However, the Owner and Hirer agree that in the event of the Hirer suffering any loss, damage or claim howsoever arising as a result of hiring the Trailer for which the Owner might otherwise be liable, any liability of the Owner is limited to the repair or replacement of the Trailer and is not to include economic or consequential damages of any nature whatsoever. All conditions, warranties, express or implied, whether arising by statute or otherwise, as to the condition, suitability, quality, fitness for any purpose or safety of the goods are hereby negatived and excluded to the full extent permitted by law, and the Owner gives no such warranty or condition and the Hirer acknowledges that the Owner has not given any such warranty or condition.
