1. The contract between the Owner and the Hirer is comprised of the hire documentation for the hire of the Vehicle, the booking cancellation policy set out on the Owner’s website, these terms and conditions of hire (Terms and Conditions), and where relevant, the Hire Checklist or Equipment Taken Checklist. Together these are referred to as the “Hire Agreement”.
2. This Hire Agreement is made between the Owner and the Hirer named in the Hire Agreement and the Vehicle must not be used by any other person who is not a party to this Hire Agreement.
3. The words and phrases used in these terms and conditions are defined as follows:
Ancillaries means tyres, trailer connection leads, D-shackles and padlocks.
(a) any loss or damage to the Vehicle and Ancillaries, howsoever caused, that requires repair or replacement, subject to reasonable wear and tear;
(b) any Vehicle recovery, towing, storage or salvage fees;
(c) any assessing fees: and
(d) Loss of Use.
Damage Limitation Amount means the amounts as noted in the table at the end of these Terms and Conditions as being applicable to the different types of Vehicles set out in the table, agreed as payable by the Hirer to the Owner in the event of Damage to the Vehicle, upon the Hirer paying a Damage Limitation Fee. The Damage Limitation Amount is the maximum amount that the Hirer must pay to the Owner in the event of Damage.
Damage Limitation Fee means the additional fee the Hirer may choose to pay at the Start of Hire so as to pay a lesser agreed Damage Limitation Amount as set out in these Terms and Conditions. The Damage Limitation Fee is non-refundable, regardless of whether any Damage occurs during the Hire Period or not and regardless of whether the Hirer meets the conditions for the Damage Limitation Amount to apply.
Deposit means any fee that the Hirer must pay at the Start of Hire to secure the other Hire Charges.
Excess Kilometre Fee means a charge applying at a rate shown in the Hire Agreement and which is payable on completion of the Hire Period.
Fuel means the fuel specified in the Vehicle manufacturer’s specification.
GST has the same meaning as in A New Tax System (Goods & Services Tax) Act 1999 (Cth).
Hire Charge means the fees, costs, amounts and charges specified in the Hire Agreement or payable under the Hire Agreement by the Hirer to the Owner, including but not limited to the Vehicle rental fee; Deposit; Incidental Damage Fee; Damage Limitation Fee (if selected); Excess Kilometre Fee; Refuelling Fee; Late Return Charge; any traffic or parking fines or toll charges; any additional fees resulting from Damage to the Vehicle; or any other amount which the Hirer reasonably owes to the Owner under the Hire Agreement, in respect of a breach of the agreement or otherwise.
Hire Period means the period commencing on the date shown on the hire documentation and ending on the date that the Hirer returns the Vehicle to the Owner or his agent.
Hirer means the party contracting with the Owner to rent the Vehicle identified in the Hire Agreement.
Incidental Damage Fee means the fee that the Hirer must pay at the Start of Hire (and which is shown on the tax invoice issued at the time of hire) and which entitles the Hirer to the benefit of the Incidental Damage Waiver and which is compulsory and non-refundable, regardless of whether any Damage occurs during the hire period or not..
Incidental Damage Waiver means the release that the Owner gives to the Hirer from any claim by the Hirer for minor Damage to the Vehicle including but not limited to the following:
Late Return Charge means a charge applying at a rate shown in the Hire Agreement and which is payable if the Vehicle is returned after the conclusion of the agreed Hire Period.
Loss of Use means the fee calculated at the daily rate shown in the Hire Agreement being the Owner’s loss because the Vehicle needs repair and the Owner is waiting for the repairs to be completed or it is a write-off or has been stolen and the Owner is waiting for it to be replaced.
Owner means Move Yourself Trailer Hire Pty Ltd or the registered owner of the Vehicle identified in the Hire Agreement and includes its employees but not persons who act as agents during the hire process.
Refuelling Fee means the cost of filling the Vehicle with Fuel (including the Fuel cost and the Owner’s reasonable labour costs).
Start of Hire means the date and time that the hire of the Vehicle commences as shown in the Hire Agreement.
Third Party Loss means any loss or damage to third party property, including other motor vehicles, and any third party claim for loss of income or consequential loss.
Unsealed Road means a road, track or pathway that has been formed and constructed but not sealed with tar, bitumen or concrete or any off-road area that is not a gazetted road or sealed road.
Vehicle means the vehicle rented by the Owner to the Hirer pursuant to this Hire Agreement and may include, but is not limited to, a passenger vehicle, truck, ute, trailer or lawnmower, together with Ancillaries and all equipment, accessories, keys, tools or component parts installed in or attached to the Vehicle. It does not include loads or goods carried by the Vehicle or personal property placed in the Vehicle by the Hirer or any other person.
Condition of the Vehicle
4. The Hirer acknowledges that the Vehicle is clean, in good repair and roadworthy at the time of hire and, if applicable, the Vehicle’s fuel tank is full of Fuel, and the Hirer undertakes to return the Vehicle in a similar condition at the conclusion of the Hire Period and, if applicable, ensure that the Vehicle’s fuel tank is full of Fuel.
5. The Hirer agrees to pay:
(a) reasonable costs for the Vehicle to be cleaned and restored to its condition as at the commencement of hire if in the opinion of the Owner the Hirer has returned the Vehicle in a dirty condition or has caused excessive wear, Damage or Damage through neglect or carelessness or abuse of the Vehicle and/or acting or failing to act without due care of the Vehicle; and
(b) If applicable, if the Vehicle is returned without a full tank of Fuel, the Refuelling Fee.
6. Pre-existing Damage or wear and tear to the Vehicle is to be noted in the Hire Agreement by the Hirer as being present at the Start of Hire to protect the Hirer from liability.
Use of the Vehicle
7. The Hirer must use the Vehicle in a skilful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the Vehicle. During the Hire Period and until the return of the Vehicle the Hirer must take all reasonable steps to secure and safeguard the Vehicle so as to minimise the risk of theft or Damage to the Vehicle. The Hire Charge does not include insurance for theft of the Vehicle. The Hirer is responsible and liable for the replacement cost of the Vehicle in the event of theft of the Vehicle.
8. The Hirer must complete any Hire Checklist or Equipment Taken Checklist appearing as part of this Hire Agreement and report any faults with the Vehicle to the Owner or its agents at the time of hire.
9. The Hirer must not use the Vehicle if it appears un-roadworthy and certifies that:
(a) The Hirer has read and understood all instructions provided for the safe use and operation of the Vehicle;
(b) The Hirer is competent to correctly connect and disconnect the Vehicle;
(c) The Hirer is competent to ensure safe load distribution and not exceed maximum load rating for the Vehicle; and
(d) The Hirer has a current Australian photo Driver’s licence and is licenced to drive, operate or tow the Vehicle.
10. The Hirer must not:
(a) drive or use the Vehicle on any Unsealed Road; and
(b) use the Vehicle for any illegal purpose or for any race or contest or for any use or purpose for which it was not designed.
Hire Period and return of Vehicle
11. The Hirer must return the Vehicle:
(a) to the place, on the date and by the time shown in the Hire Agreement unless the Owner has agreed to a change to the Hire Period; and
(b) in the same condition as it was at the Start of Hire, fair wear and tear excepted, including filling the fuel tank with Fuel.
12. If no period of hire is specified the period of hire shall terminate at 5.00pm on the same date and location as the Start of Hire.
13. The Hirer must, at their own expense, return the Vehicle to the address stated in the Hire Agreement or if no such address is stated to the place from which the said Vehicle was hired not later than the time specified for the conclusion of the Hire Period. If the Vehicle cannot be returned by the time specified for the conclusion of the Hire Period, the Hirer must advise the Owner or its agent for that time and advise the Owner or its agent of the estimated time of return.
14. In the event of the Vehicle not being returned by the time specified for the conclusion of the Hire Period, additional rental shall be charged for the Vehicle on the same terms and conditions as are herein contained save and except that any Hire Charge will be adjusted to reflect the extended period of hire and the Hire Period will expire when the Vehicle is returned to or recovered by the Owner.
15. In the event that the Vehicle is not returned or a new Hire Agreement entered with the agreement of the Owner, all costs of and incidental to the location and recovery of the Vehicle shall be paid for by the Hirer.
16. In the event of the Vehicle breaking down or being Damaged the Hirer shall arrange at their own expense to return it to the Owner or its agent forthwith. The Hire Period will not conclude until the Vehicle has been returned to the Owner or its agent.
17. If the Hirer fails to return the Vehicle to the owner or its agent (other than in circumstances authorised by the Owner or agent in writing), the Hirer shall be responsible for all reasonable freight and other charges incurred by the Owner or its agent in respect of the delivery and return of the Vehicle.
18. If the Vehicle is not returned to the place of hire or location for return set out in the Hire Agreement for any reason but taken into possession by the Owner or its agent at any other location then it is hereby agreed that in such circumstances the Deposit will be forfeited to the Owner to defray the cost of recovery and in addition the Hirer agrees to pay on demand a recovery fee of $2.00 per kilometre required by the Owner or its agent to travel to arrange the return the Vehicle to the return address and any other out-of-pocket expenses.
19. During the Hire Period on becoming aware that the Vehicle is missing or stolen the Hirer must immediately:
(a) Attend a Police Station and report the Vehicle missing or stolen; and
(b) Notify the Owner that the Vehicle is missing or stolen.
20. The Hirer agrees to pay to the Owner the Hire Charge for the hire of the Vehicle and any Damages.
21. GST is payable on the Hire Charge and is automatically included in all fees charged under this Hire Agreement. The Hirer’s copy of this Hire Agreement is a tax invoice and should be presented to the agent by the Hirer on completion of the hire for inclusion of all additional costs as required.
22. The Hirer agrees to be liable for all costs reasonably incurred by the Owner in the recovery of any outstanding amount payable pursuant to the Hire Agreement. This includes interest at the rate of 2.5% per annum (compounded daily), any debt collection costs and commissions, and any legal expenses (including legal fees and disbursements on an indemnity basis).
23. The Hirer authorises the Owner to charge the Hirer’s credit or debit card with the Hire Charge and any other amounts payable to the Owner under the Hire Agreement.
Cancellation of Hire
24. Any booking for a Vehicle may be cancelled by the Hirer at any time prior to the Start of Hire by contacting the Owner’s booking office.
25. The Hirer agrees to pay the Owner the following charges if the Hirer elects to cancel any Vehicle booking:
(a) if the booking is cancelled, 5% of the total fee will be retained and the balance refunded to the hirer; or
(b) if the Hirer does not attend to collect the Vehicle within 1 hour of the scheduled pickup time, the Owner will retain the entirety of the Hire Charge and no refund will be made to the Hirer.
Incidental Damage Waiver and Damage Limitation Fee
26. The Hirer must pay a compulsory, non-refundable Incidental Damage Fee on or before commencement of the Hire Period and any additional Incidental Damage Fee incurred as a result of an extension to the Hire Period.
27. The Incidental Damage Waiver is not insurance cover, but an agreement by the Owner that, in certain circumstances and subject to these Terms and Conditions, it may waive the right to charge the Hirer for any Damage to the Vehicle of a minor nature.
28. Payment of the Incidental Damage Fee only limits the Hirer’s liability for minor and incidental Damage to the Vehicle and not for other liabilities including but not limited to loss of or damage to the property of the Hirer or any other person, including loads or goods carried by the Vehicle, any personal property left in the Vehicle, damage to the roof of the Vehicle and any Third Party Loss.
Damage Limitation Fee
29. The Hirer may elect to pay a non-refundable Damage Limitation Fee (in addition to the compulsory Incidental Damage Fee) which, subject to these Terms and Conditions, will reduce the Damage Limitation Amount payable in certain circumstances as set out in the table at the end of these Terms and Conditions. Payment of the Damage Limitation Fee only limits the Hirer’s liability for Damage to an agreed reduced Damage Limitation Amount and it is not insurance cover.
30. Payment of the Incidental Damage Fee and the Damage Limitation Fee may limit the Hirer’s liability for Damage, and this may include damaged tyres, connection leads and padlocks used to secure the Vehicle at the hire site.
31. Payment of the Incidental Damage Fee and the Damage Limitation Fee does not limit the liability of the Hirer in any other way, including for any Third Party Loss, and does not apply when:
(a) the Damage is caused by use or operation of the Vehicle in contravention of any conditions in the Hire Agreement including Damage caused through neglect, carelessness or abuse of the Vehicle and/or acting or failing to act without due care;
(b) the Vehicle, tyres, connection lead or padlock used to secure the Vehicle at a hire site are lost or stolen;
(c) the loss or Damage occurs due to the Vehicle being overloaded or incorrectly loaded or used for a purpose for which it was not designed;
(d) the Vehicle is driven, towed or used by a person other than the Hirer or a person named in the Hire Agreement;
(e) the Vehicle is driven or used on an Unsealed Road;
(f) the Vehicle is driven by the Hirer who is under the influence of a drug, or whose blood alcohol concentration as determined by breath test exceeds that permitted by law or who upon requirement lawfully made by a police officer in connection with their driving, towing or use of the Vehicle fails to provide as prescribed a specimen of breath or blood for analysis;
(g) Damage is caused to the roof of the Vehicle;
(h) the Hirer is otherwise in breach of any condition of the Hire Agreement.
Loss, Indemnity and Limitation of Liability
32. Subject to these Terms and Conditions, the Hirer is strictly liable:
(a) for the loss of and all Damage to, the Vehicle during the Hire Period, and
(b) for the loss of or all damage to the property of any person, including loads or goods carried by the Vehicle, any personal property left in the Vehicle, and any Third Party Loss, which is caused or contributed to by the Hirer or any person they allow to drive the Vehicle or which arises from the use of the Vehicle by the Hirer or anyone they allow to drive the Vehicle.
33. The Hirer agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses (including Hire Charges or theft of the Vehicle), costs, interest and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the breach of this Hire Agreement by the Hirer or any Third Party Loss, save in the circumstances of loss and damage caused by the negligence or wilful default of the Owner.
34. The Hirer has rights conferred by consumer protection legislation, including guarantees that the Vehicle is of merchantable quality, matches any description or sample against which it is hired and any services are provided to the Hirer by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the Vehicle or the hire of the Vehicle.
35. To the maximum extent permitted by law and this Hire Agreement, the Owner accepts no responsibility or liability to the Hirer for any loss, damage, cost, expense, damage (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liability resulting from:
(a) any accident, breakdown or other failure of the Vehicle;
(b) loss of or damage to the Hirer or any other person’s property, including personal property left in any Vehicle; and
(c) loss of or damage to any load or goods carried by the Vehicle.
36. Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Hirer for any indirect, special or consequential damage arising in any way out of any matter covered by this Hire Agreement.
37. Unless the Vehicle has been hired for personal, domestic or household use, any liability of the Owner, including liability for negligence, is limited to the extent permitted by law to:
(a) In the case of goods, at the option of the Owner:
(i) replacement of the goods or supply of equivalent goods; or
(ii) repair of the goods; or
(iii) payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired.
(b) In the case of services, at the option of the Owner:
(i) supplying the services again; or
(ii) payment of the cost of having the services supplied again.
38. During the continuance of the hire the Hirer will not:
(a) sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the Vehicle or any interest of the Owner herein or create or allow to be created any security interest over the Vehicle;
(b) part with possession of the Vehicle except to the Owner or contractors, employees or agents of the Owner named in the Hire Agreement; and
(c) allow any lien to be created in respect of the Vehicle for repairs or otherwise.
39. Without prejudice to the rights of the Owner to recover from a Hirer any monies due and damages for breach of the Hire Agreement, the Owner may enter into or upon any premises where the Vehicle may be located for the purposes of repossessing the Vehicle. The Hirer indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
40. To the maximum extent permitted by law and this Hire Agreement, the Owner and the Hirer are not liable to each other for default or failure in performance of its obligations pursuant to this Hire Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, labour or transportation or any other cause beyond the reasonable control of the relevant party to this Hire Agreement.
Personal Property Securities Law
41. The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (“PPSA”) – financing statement, interested person, register, proceeds, security agreement and security interest.
42. The Hirer acknowledges that:
(a) by hiring the Vehicle, they may be granting a security interest in the Vehicle (and any proceeds) to the Owner, and that this Hire Agreement may constitute a security agreement.
(b) Any security interest arising under this Hire Agreement attaches to the Vehicle when the Hirer obtains possession of the Vehicle and not at any other time; and
(c) the Owner may perfect its security interest by lodging a financing statement on the PPSA register.
43. The Owner does not need to give the Hirer any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
44. The Hirer must do anything reasonably required by the Owner to enable the Owner to register its security interest, with the priority it requires, and to maintain the registration.
45. 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 Vehicle without prior notice or written demand in any of the following events:
(a) if the Hirer shall fail to pay any Hire Charge when due;
(b) 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
(c) if, in the reasonable opinion of the Owner, the Vehicle is at risk of Damage, loss or confiscation.
46. 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.
47. The Hirer acknowledges that:
(a) the Hire Agreement between the Owner and Hirer comprises the whole agreement between the parties and no collateral oral statements by the Owner, its agents, contractors or employees form part of this Hire Agreement; and
(b) They have legal capacity to enter into this Hire Agreement; and
(c) the singular includes the plural, the masculine gender includes the feminine in the interpretation of these Terms and Conditions.
Governing Law and Jurisdiction
49. The Hire Agreement and these Terms and Conditions are governed by the laws of South Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Australia and any proceeding brought in the Federal Court of Australia must be instituted in its Adelaide Registry.
Table of Damage Limitation Fee’s (4, 9 & 24 hour inclusive)
SMALL Trailers with a Damage Limitation Amount (DLA) of $2000
Reduce DLA to $500
Reduce DLA to $250
Reduce DLA to $0
MEDIUM Trailers with a Damage Limitation Amount (DLA) of $4000
Reduce DLA to $1000
Reduce DLA to $500
Reduce DLA to $0
LARGE Trailers with a Damage Limitation Amount (DLA) of $5000
Reduce DLA to $1500
Reduce DLA to $750
Reduce DLA to $0
VEHICLES with a Damage Limitation Amount (DLA) of $6000
Reduce DLA to $2500
Reduce DLA to $1750
Reduce DLA to $500
Reduce DLA to $0
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