NOWRA TRAILER HIRE
Terms and Conditions of Hire
1. Your Rental Contract
1.1 This Contract (Rental Contract) You have entered into with Nowra Trailer Hire comprises the rental document for the hire of the Trailer (Rental Agreement) and these terms and conditions of rental (Terms and Conditions). When We refer to the Rental Contract We mean both the Rental Agreement and the Terms and Conditions.
1.2 The date of the Rental Contract is the date that is shown in the Rental Agreement.
1.3 Please read the Rental Contract carefully. If there is anything that You do not understand please ask at the Rental Station before signing the Rental Contract, as Your signature is Your acknowledgement that You have read and understood the Rental Contract in its entirety and that You are bound by it.
1.4 There are words and phrases used in the Rental Contract that have a particular meaning that You need to be familiar with.
Accident means an unintended and unforeseen collision between the Trailer and any other object, including another Trailer, that results in Damage or Third Party Loss.
Administration Fee means the fee charged by Us for the administrative costs associated with Your rental.
Authorised Driver means any driver approved and recorded by Us, either on the Rental Agreement or by prior written agreement.
Claims Administration Fee means the fee charged for handling Your claim and for making arrangements for repairs, towing and other administrative tasks associated with Damage or Third Party Loss. The fee ranges from $50 plus GST for a single Trailer accident to $200 plus GST where there is also Third Party Loss.
Commercial Trailer means a Trailer that is a van, utility, truck or bus that is constructed and used for the carriage of goods or property or for the transport of more than 12 persons including the driver.
Customer Own Insurance means that You have a Corporate Services Agreement with Us under which Your Rental Contract provides no cover for Damage or Third Party Loss arising from the use of the Trailer.
(a) any loss or damage to the Trailer, however caused, that requires repair or replacement, subject to reasonable wear and tear;
(b) towing and salvage fees;
(c) assessing fees; and
(d) Loss of Use.
Damage Cover Products means products You may purchase at the Start of Rental at extra cost to reduce Your DLF liability.
Damage Liability Fee (DLF) means the amount shown in the Rental Agreement You must pay Us in the event of Damage, theft of the Trailer or Third Party Loss, subject to these Terms and Conditions. The amount payable includes the Claims Administration Fee and is subject to GST.
Debit Card means Debit MasterCard or Visa Debit Card.
Nowra Trailer Hire means Excel Equip Pty Ltd ABN 88 075 384 495 trading as Nowra Trailer Hire or where applicable an independent Nowra Trailer Hire franchisee or affiliate.
Final Inspection means the inspection carried out after We have taken possession of and fully examined and cleaned the Trailer at the end of the Rental Period.
Loss of Use means the fee calculated at the daily rate shown in the Rental Agreement being Our loss because the Trailer needs repair and We are waiting for the repairs to be completed or it is a write-off or has been stolen and We are waiting for it to be replaced.
Off Road means any area that is not a gazetted road nor a sealed road nor an Unsealed Road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Overhead Damage means:
(a) Damage at or above the level of the top of the front windscreen of the Trailer;
(b) Damage to any part of the pantech or box section of a Commercial Trailer; or
(c) Third Party Loss,
(i) contact between the part of the Trailer that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;
(ii) use of a Commercial Trailer so that its height exceeds that permitted by law, by-law, regulation or advisory sign in the area of use;
(iii) objects being placed on the roof of the Trailer; or
(iv) You or any person standing or sitting on the roof of the Trailer.
Rental Charges means all rental and associated charges plus GST or other taxes and levies required by law all shown in the Rental Agreement.
Rental Station means the branch or rental location from which You hired the Trailer.
Rental Period means the period shown in the Rental Agreement or as extended by Us.
Serious Breach means a breach of any of clauses 5.3, 7.2, 7.3, 7.5, 7.7, 7.10 or 7.11 that causes Damage, theft of the Trailer or Third Party Loss.
Snow Cover means the additional cover that allows the Trailer to be towed on sealed roads above the Snow Line.
Snow Line means the gates leading to any of the national parks or snowfields in Australia between 1 June and 31 October, or any area where it is indicated or required that snow chains are to be fitted to the Trailer.
Start of Rental means the date and time that the rental commences at the Rental Station shown in the Rental Agreement.
Third Party Loss means any loss or damage to third party property, including other motor vehicles and / or trailers, and any third party claim for loss of income or consequential loss.
Underbody Damage means any damage to the Trailer including the chassis, suspension, brakes, floor pan that is caused by or directly results from contact between the underside of the Trailer and any part of the road way or any object or obstruction including kerbs, gutters, speed or road humps, barriers or wheel stops.
Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
Unsealed Road Cover means the additional cover that allows some classes of Trailer to be used on an Unsealed Road provided that the road is gazetted and graded and maintained by a local, state, territory or government body, authority or council but it never allows the use of the Trailer Off Road.
Trailer means the Trailer described in the Rental Agreement and includes its parts, components, accessories, keys, keyless start or remote control device, audio equipment and tools or any Trailer substituted by Us pursuant to the Rental Contract.
Trailer Registration Recovery Fee (TRRF) means the daily amount payable to Us to recover Our costs of registering and licensing the Trailer as a rental Trailer.
We, Us, Our means Nowra Trailer Hire or one of its franchisees or affiliates as shown in the Rental Agreement.
You, Your means the person, firm, company or organisation renting the Trailer or any Authorised Driver shown in the Rental Agreement.
Your Nowra Trailer Hire Account means Your credit card, Nowra Trailer Hire charge account or Debit Card nominated at the Start of Rental for the debiting of charges under the Rental Contract.
2. Rental Period
2.1 Your rental of the Trailer from Us is for the Rental Period and at the rate shown in the Rental Agreement.
2.2 The Trailer must be returned to the Rental Station on the date and by the time shown in the Rental Agreement. If You return the Trailer earlier than the date shown in the Rental Agreement the daily rate payable will be adjusted to reflect the daily rates that apply for shorter rentals.
2.3 We understand that circumstances change and that You may require the Trailer for longer than the Rental Period. If so, You must notify Us at least 3 hours prior to the expiration of the Rental Period.
2.4 If We have agreed to an extension of the Rental Period and Your extended Rental Period is longer than 30 days, You must take the Trailer to Your nearest Nowra Trailer Hire Rental Station on day 29 and every 30 days thereafter to pay Your additional Rental Charges for the extended Rental Period unless You have our prior written agreement varying these conditions.
2.5 If You fail to notify Us at least 3 hours before the expiration of the Rental Period that you require an extension, We may:
(a) terminate the Rental Contract; and (b) recover the Trailer by lawful means.
2.6 A ‘No Show’ fee may apply if you fail to notify us of your intended cancellation prior to the date and time of the commencement of your reservation.
3. Costs, Charges & Payment
3.1 At the Start of Rental You must provide Your credit card or Debit Card which We may pre-authorise to pay Your total estimated Rental Charges plus a deposit, as security. Payment by Debit Card is not acceptable on all Trailers or at all Rental Stations and you should check with the Rental Station that your proposed means of payment is acceptable to us before signing the Rental Contract.
3.2 When collecting the Trailer the primary cardholder must be present.
3.3 At the end of the Rental Period You must pay Us:
(a) the Rental Charges;
(b) all reasonable costs to return the Trailer to the same condition it was in at the Start of Rental, including but not limited to extra cleaning and subject to reasonable wear and tear; and
(c) any amounts payable under clauses:
(i) 3.6 (Roads and Maritime Services E-toll facility);
(ii) 3.7 (fines, infringements, penalties and court fees);
(iii) 4.1 (Damage Liability Fee); and
(iv) 5.1 to 5.4 (inclusive) (Exclusions to Damage Cover).
3.4 If you extend the Rental Period from that shown in the Rental Agreement your entitlement to free rental kilometres may change and You will be charged for extra kilometres if You exceed the free kilometres applicable to Your Rental Period and Trailer model.
3.5 You must also pay for any fuel used for the delivery and collection service.
3.6 Roads and Maritime Services ABN 76 236 371 088 (RMS) provides an E-toll facility for payment of tolls incurred by You when towing the Trailer on a toll road and You must pay RMS in connection with Your use of the E-toll facility:
(a) all tolls incurred in connection with your use of a toll road;
(b) a service fee of $3.00 plus GST for each calendar day on which a toll is incurred using your E-toll facility (of which $1.50 plus GST is remitted to Us by RMS); and
(c) any other amount that is payable pursuant to the Roads and Maritime Services Terms and Conditions.
3.7 You are liable for and must pay:
(a) speeding and traffic fines, infringements and penalties arising from the use of the Trailer;
(b) fines, infringements and penalties arising from parking, clamping, towing, or release of the Trailer from compounds; and
(c) all court fees or costs arising from sub-clauses (a) or (b).
3.8 We may supply your details to any regulatory authority upon its request and an administrative fee applies if we do.
3.9 If we have paid any amount for which you are liable pursuant to clauses 3.6 or 3.7 you will also be charged that amount together with an administrative fee.
3.10 All amounts payable under the Rental Contract are subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable. If a refund is due to You it will be credited to Your Nowra Trailer Hire Account. If any amount is due to Us You authorise Us to charge Your Nowra Trailer Hire Account with that amount, including an amount up to the DLF and any amounts payable under clauses 3.3 to 3.7 (inclusive) or 5.1 to 5.4 (inclusive) . These charges may be made at any time during or after the end of the Rental Period.
3.11 If currency conversion is required for payment of amounts due to Us under the Rental Contract, We will apply the commercial exchange rate valid at the time We credit or debit Your Nowra Trailer Hire Account.
3.12 If You fail to pay Us any amount due under the Rental Contract You must also:
(a) pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due; and (b) pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs.
4. Damage Cover and payment of the Damage Liability Fee (DLF)
4.1 If there is Damage, theft of the Trailer or Third Party Loss for each separate Accident or theft You must pay up to the DLF shown in the Rental Agreement unless Your Rental Contract is for Customer Own Insurance.
4.2 Subject to clause 5, Your DLF liability is reduced if You purchased Collision Damage Waiver (CDW),
4.3 You will not have to pay the DLF shown in the Rental Agreement for a claim if acting reasonably We agree that You were not at fault and:
(a) You are ordinarily an Australian resident;
(b) You hold an Australian drivers licence;
(c) You have fully completed Our Incident Report Form with:
(i) the name, residential address, contact phone and licence number of any person involved (Third Party);
(ii) the registration numbers of all Trailers involved;
(iii) an accurate written and diagrammatic description of the Accident and location; and
(iv) the names of attending police officers and the stations at which they are based; and
(d) You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and We reasonably believe that the insurer will agree to pay Us for the Damage.
4.4 If the DLF is payable under clauses 4.1 and 4.2:
(a) upon inspection of the Trailer We may make a reasonable estimate of Damage and debit Your Nowra Trailer Hire Account that estimated amount up to but not exceeding the DLF shown in Your Rental Agreement; and
(b) once Damage has been assessed We will:
(i) debit Your Nowra Trailer Hire Account with the difference up to a total amount not exceeding the DLF shown in Your Rental Agreement if the assessed amount is greater than the estimate; or
(ii) credit Your Nowra Trailer Hire Account with the difference if the assessed amount is less than the estimate, and forward to You a tax invoice for the assessed amount;
(c) if We receive notification of Third Party Loss We will make a reasonable estimate of Your liability for that loss and:
(i) debit Your Nowra Trailer Hire Account for the amount of that estimate; or
(ii) if an amount has already been debited under subclauses (a) or (b), debit Your Nowra Trailer Hire Account for the additional amount of that estimate, up to but not exceeding the DLF shown in the Rental Agreement.
4.5 We will refund:
(a) the DLF paid pursuant to clause 4.4:
(i) in full if We recover the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss; or
(ii) on a pro rata basis if We recover only a proportion of any amount claimed for Damage; or
(b) any surplus amount if a claim for Third Party Loss is rejected or defended for an amount less than the DLF paid pursuant to clause 4.5.
4.6 In making a refund We may take into account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party Loss.
5. Exclusions to Damage Cover
5.1 You have no cover if there is a Serious Breach of the Rental Contract even if Damage Cover Products have been purchased and the DLF has been paid.
5.2 You have no cover for Damage to the Trailer’s fittings, lights, wheels or tyres.
5.3 Even if You purchase one of Our Damage Cover Products and You pay the DLF You have no cover, for:
(a) Damage or Third Party Loss caused by the use of the Trailer in any area prohibited by the Rental Contract;
(b) Overhead Damage;
(c) Damage, Underbody Damage or Third Party Loss caused deliberately or recklessly by You, any unauthorised driver or any passenger of the Trailer;
(d) Damage caused by total or partial inundation or immersion of the Trailer in water or exposure of the Trailer to salt water, including that which occurs whilst the Trailer is being transported; or
(e) Damage or Third Party Loss caused or contributed to by You where You leave the scene of the Accident prior to the attendance of the police or reporting the Accident to the police.
5.4 There is also no cover for:
(a) the full cost of replacing or repairing any accessories supplied by Us;
(b) property owned by You or any passenger that is stolen from the Trailer, lost or damaged during the Rental Period or left in the Trailer after the Trailer is returned to the Rental Station;
(c) loss or damage to Your property, the property of a member of Your immediate family or of an entity related to You, that arises from the use of the Trailer; or
(d) Damage, theft of the Trailer or Third Party Loss if Your Rental Contract is for Customer Own Insurance.
6. Customer Own Insurance
6.1 If You have a Corporate Services Agreement with Us that provides for Customer Own Insurance and if Your Rental Agreement records that Your Rental Contract is for Customer Own Insurance:
(a) Damage and Third Party Loss arising from the use of the Trailer or theft of the Trailer are Your responsibility and must be paid in full by You; and
(b) You fully indemnify Us for:
(i) Damage and Third Party Loss arising from the use of the Trailer and any loss We may have arising from the theft of the Trailer; and
(ii) any demand, claim, including a claim for legal costs, action or proceeding made, commenced or issued by or against You arising therefrom.
7. Your Responsibilities
7.1 In this section, We set out the responsibilities You have to Us when You hire one of Our Trailers.
7.2 The Trailer must only be Towed by You. We may also approve additional Authorised Drivers and an extra charge will apply for each driver.
7.3 You must:
(a) be no less than 21 years of age and a young driver surcharge applies for specific Trailers and drivers under the age of 25; and
(b) hold a full, current, unrestricted towing licence for the Rental Period valid and appropriate for the class of Trailer, that shows Your current residential address and which is written in English or an international licence translated into English.
7.4 You must also:
(a) allow Us to inspect Your licence at any time during the Rental Period;
(b) fully inspect the Trailer at the Start of Rental to ensure that the condition of the Trailer and any pre-existing damage is accurately noted and shown in the Rental Agreement. If there is any discrepancy You must notify Us prior to leaving the Rental Station; and
(c) tell Us if You will be using the Trailer to drive interstate.
7.5 During the Rental Period You must:
(a) take all reasonable care of the Trailer:
(i) to prevent Damage, theft of the Trailer and Third Party Loss;
(ii) to ensure that the Trailer is not overloaded by the weight of goods carried;
(iii) by using any security device fitted to or supplied with the Trailer; and
(iv) by taking steps to protect the Trailer against inclement weather;
(b) keep the Trailer locked and secure and the keys under Your personal control at all times and You must be able to produce those keys and device in the event of a theft of the Trailer;
(c) maintain the Trailer’s brake fluid and tyre pressures.
7.6 During the Rental Period You must also:
(a) Return the Trailer and any accessories supplied by Us in the same condition as at the Start of Rental, subject to reasonable wear and tear;
(d) adhere to any mileage instructions displayed in the Trailer or set by the Rental Station; and
(e) immediately upon request provide Us and any regulatory authority Your full, accurate and up-to-date information relating to the use of the Trailer during the Rental Period.
7.7 You must never:
(a) use the Trailer when it is damaged or unsafe;
(b) drive the Trailer whilst under the influence of alcohol or drugs or have a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit in the state or territory where the Trailer is towed;
(c) fail or refuse to undergo any breath, blood, oral fluid or urine test or drug impairment assessment in the state or territory in which the Trailer is towed;
(d) tow the Trailer whilst Your drivers licence is subject to any restriction or condition;
(i) any wilful, deliberate or criminal act, including an act of driver abuse; or
(ii) an act of connivance with any person acting for You or on Your behalf, that causes Damage or Third Party Loss;
(f) tow the Trailer dangerously or recklessly;
(g) use the Trailer for off-roading, reliability trials, a race, rally or contest, speed testing, towing instruction, to propel or tow another Trailer, or in violation of any legislation, order or regulation affecting the use, loading or condition of the Trailer;
(h) use the Trailer for any illegal purpose;
(i) sell, rent or dispose of the Trailer; or
(j) register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009.
7.8 You must not:
(a) use a mobile phone or a GPS unit whilst the Trailer is in motion or stationary; but not parked unless the body of the phone or GPS unit is affixed to the Trailer and the phone or GPS unit is not being held or touched at any time whilst being used;
(b) leave the keys to the Trailer, any keyless start or remote door control device in it or with it whilst it is unattended or unoccupied by You or any passenger;
(c) leave the Trailer unattended following an Accident and before the arrival of a tow or salvage operator;
(d) modify the Trailer in any way and no racks or fittings are permitted unless fitted by Us;
(e) use the Trailer for the transport of passengers or property for hire, fare or reward unless the Trailer is a Commercial Passenger Trailer and You have Our prior written authority.
7.9 You and any passengers must not smoke in the Trailer. It is an offence in some Australian states to smoke in a Trailer where there are passengers of less than 18 years of age. Additional cleaning charges will apply if there is a breach of this condition.
7.10 Parts of Australia are not suitable for access by rental Trailers. To prevent Damage to the Trailer and for Your own personal safety We strictly enforce conditions that restrict Your use of the Trailer and unless We have given Our prior written consent, You must never take the Trailer:
(a) on any Unsealed Road unless Unsealed Road Cover has been purchased;
(b) above the Snow Line unless Snow Cover has been purchased;
(c) Off Road;
(d) between mainland Australia and Tasmania in either direction;
(e) onto any island with the exception of:
(i) Kangaroo Island;
(ii) Stradbroke Island;
(iii) Magnetic Island;
(iv) Bribie Island;
(v) Phillip Island; or
(vi) Bruny Island,
(f) through any river, stream, creek or tidal crossing;
(g) through flood waters or on flood prone roads or on any road where the state or condition of the road make the use of the Trailer unsafe;
(h) on any road where the police or any government or statutory authority has issued a warning, caution or which has been closed;
(i) onto any road where We have notified You that the use of the Trailer is prohibited;
(j) in Queensland:
(i) north of Chillagoe or west of Georgetown;
(ii) north of Cooktown or Laura;
(iii) on the Burke Development Road;
(iv) north of Maggieville;
(v) on Unsealed Roads north and west of Mt Isa;
(vi) on the Bloomfield track; or
(vii) on the Savannah Way;
(k) on the Tanami Track and the Gunbarrel Highway in Western Australia and the Northern Territory; or
(l) on the road from Jim Jim Falls to Twin Falls in the Northern Territory, even if Unsealed Road Cover has been purchased.
7.11 There are other prohibited areas where You must never take the Trailer:
(a) in Western Australia:
(i) on the Gibb River Road;
(ii) on the Cape Leveque Road;
(iii) on the road to Windjana Gorge;
(iv) on the Cardabia - Ningaloo Road; or
(v) on the access road from the Great Northern Highway to the Purnululu National Park, commonly known as the Bungle Bungles;
(b) in the Northern Territory on the Larapinta and Namitjira Drives, commonly known as the Mereenie Loop, unless the Trailer is an Off Road Trailer and You have purchased Unsealed Road Cover and You have hired a second spare wheel from Us.
8. Our Responsibilities
8.1 When You make a reservation with Us We will provide a Trailer that is of acceptable quality and in good working order for the Rental Period.
8.2 If the Trailer breaks down during the Rental Period because of Our negligence We will recover and repair the Trailer as soon as possible. If the Trailer cannot be repaired We will use Our best endeavours to provide a replacement Trailer of an equivalent size and standard to the previous Trailer for the remainder of the Rental Period.
8.3 If it is not possible to conduct an inspection of the Trailer with You at the end of the Rental Period We will use Our best endeavours to confirm the condition of the Trailer with You within 4 working hours of the Final Inspection.
8.4 We are only responsible for any direct loss that You suffer as a result of Our breach of the Rental Contract. We are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss.
9. Roadside Assistance, Breakdown, Accident & Repair
9.1 Free roadside assistance is provided for inherent mechanical faults in the Trailer but fees and charges apply for all other faults or driver induced errors. Generally, these fees and charges range from $45 plus GST to $600 plus GST and apply to faults and driver induced errors such as:
(a) changing a wheel as the result of a flat tyre.
9.2 Roadside Assistance Cover may be purchased privately to provide cover for:
(a) changing a wheel as the result of a flat tyre; and
9.3 Roadside Assistance Cover does not apply and there is no cover:
(a) if there has been a Serious Breach of the Rental Contract.
9.4 We reserve the right not to replace the Trailer if it is involved in a major Accident or there has been major Damage or You have committed a Serious Breach of the Rental Contract.
(a) a warning light or fault message appears;
(b) You see or become aware of low brake fluid or tyre pressures; or
(c) the Trailer develops any fault during the Rental Period,
You must inform Us immediately via the contact details in the Trailer and in the Rental Agreement and not use the Trailer unless We have authorised You to do so. If You fail to notify Us and continue to use the Trailer You will be responsible for any Damage or Third Party Loss.
9.6 You must not let anyone work on the Trailer or arrange or undertake any repairs to the Trailer or towing or salvage of it unless We have given You Our prior authority. You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Serious Breach of the Rental Contract.
9.7 You must immediately report any Accident or theft of the Trailer to Us in writing and complete all documentation that We require and forward any third party correspondence or court documents to Us within 7 days of receipt.
9.8 If You have an Accident in which:
(a) a person is injured;
(b) the other party failed to stop or exchange details;
(c) the Trailer or any other Trailer is towed; or
(d) a driver appears to be under the influence of intoxicating liquor or drugs, a report must also be made to the police immediately.
9.9 If the Trailer is stolen a report must be made to the police immediately the theft is discovered.
9.10 If You have an Accident You must also:
(a) make the Trailer secure;
(b) get the names and addresses of all persons involved, including witnesses;
(c) supply Us with any information concerning the driver of the Trailer and You must allow Us direct access to the driver of the Trailer and You must fully co-operate in allowing Us to gain such access;
(d) not make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(e) permit and assist Us to bring, defend, enforce or settle any legal proceedings against a third party, including attending at a lawyer’s office and/or court; and
(f) allow Us to claim in Your name under any applicable substitute Trailer insurance, and do everything that may be required to assist Us in making such a claim.
10. End of the Rental Contract
10.1 At the end of the Rental Period, in addition to Your obligations under clause 3.3, You must return the Trailer to Us:
(a) to the Rental Station;
(b) in the same condition it was in at the Start of Rental, subject to reasonable wear and tear; and
(c) at the date and time set in the Rental Agreement.
10.2 We allow a grace period of 30 minutes for the return of the Trailer but if it is returned to Us more than 30 minutes after the time set for its return in the Rental Agreement You will be charged one full day’s extra rental.
10.3 If the Rental Contract has not been extended by Us and the Trailer is returned to Us more than 24 hours after the time set for its return in the Rental Agreement:
(a) the rates shown in the Rental Agreement will not apply and You must pay the standard rate for the Trailer for the whole Rental Period; and
(b) there is no Damage Cover so that You are liable for Damage and Third Party Loss and any repossession charges or costs We incur in this default period.
10.4 If You return the Trailer to a rental station other than that shown in the Rental Agreement, or when the Rental Station is closed, or any place other than a Nowra Trailer Hire Rental Station:
(a) a one way fee may apply; and
(b) You are liable for and must pay:
(i) for Damage and Third party Loss; and
(ii) the Rental Charges, until the Final Inspection has been conducted in accordance with clause 8.3.
10.5 If a bond has been prepaid to Us it is fully refundable to You provided that at the end of the Rental Period:
(a) all amounts due to Us under the Rental Contract have been paid;
(b) the Trailer has been returned to the Rental Station at the date and time set in the Rental Agreement;
(c) there is no Damage or Third Party Loss;
(d) the interior and exterior are clean;
(e) the Trailer has a full tank of fuel; and
(f) there has not been a Serious Breach of the Rental Contract. We reserve the right to retain all or part of a bond if there is a breach of any of these conditions.
11. Termination of the Rental Contract
11.1 We may terminate the Rental Contract and take immediate possession of the Trailer if You commit:
(a) a Serious Breach of the Rental Contract; or
(b) a reckless breach of road or traffic legislation.
11.2 If the Rental Contract is terminated by Us pursuant to clause 11.1:
(a) You must pay for:
(ii) loss of the Trailer as a result of theft;
(iii) Third Party Loss;
(iv) storage, repossession and recovery fees;
(v) fees for the release of the Trailer from compounds;
(vi) roadside assistance;
(vii) administrative and legal costs of recovery; and
(viii) the Rental Charges;
(b) it will not affect Our right to receive any money We are owed under the Rental Contract; and
(c) You give Us permission to access and enter Your premises to repossess the Trailer without using unreasonable force or causing damage.
12. Before You Hire a Trailer
12.1. The Hirer agrees that they have the necessary knowledge and skills required to enable them to carry out the connecting, loading and towing of the Trailer without incident or accident.
12.2. The Hirer agrees that they have the skills and knowledge to safely tow and operate the Trailer prior to use.
12.3. The Hirer agrees that they shall use the Trailer in a skilful and proper manner and shall not speed or overload it based on the rating on the Trailer’s compliance plate or the Towing Trailers tow bar. A copy of the current New South Wales Towing Laws & Regulations and Towbar Safety can be found on Site upon hire or online at: http://www.nowratrailerhire.com/safety.html
12.4. The Hirer agrees that prior to use they will ensure:
- The Trailer coupling is correctly attached to the Towing Trailer.
- The Trailer Safety Lock is fitted to the Coupling and fitted during all towing operations.
- The Towing Trailers tow bar and ball are in good working order and rated for the required towing weights.
- The power cable is attached and in working order.
- The safety chain(s) are attached according to laws and regulations using only rated d-shackles.
- All lights are working correctly. (Indicators, brake, parkers and number-plate)
- Tyre pressure is correct as per manufacturer’s specifications.
- All gates are closed, loads are secure, netted where required and accessories are attached safely.
- The Towing Vehicle is insured to cover the Towing of Trailers.
12.5. The Hirer agrees that the jockey wheel must be in the raised and locked in the stowed position whilst towing to avoid damaging the Trailer.
12.6. The Hirer agrees and acknowledges that they have read and understood all instructions provided in Nowra Trailer Hire’s “Safe Towing Guide” before they Hire a Trailer. A copy of the guide can be found on Site upon Hire or online at: http://www.nowratrailerhire.com
13. Applicable Law
13.1 You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under that law or any other Federal, State or Territory legislation.
13.2 The laws of the State in which the Rental Station is situated and of the Commonwealth of Australia govern the Rental Contract.
14. Dispute Resolution
14.1 If You believe there has been an error in Your account or if You have any complaint, Our staff at the Rental Station will help You in every way they can to rectify the error or resolve the complaint. If they are unable to assist You or if Your concerns are not resolved to Your satisfaction You may refer the matter to Our internal dispute resolution (IDR) process.
14.2 Upon receipt of Your referral to IDR Our IDR officer will acknowledge receipt of Your referral and will investigate the matter and try to reach a satisfactory outcome.
14.3 We will advise You of the final outcome of Your IDR referral within 45 days of receipt of that referral and We will use Our best endeavours to do so within 21 days thereof.
14.4 Referrals to Our IDR process can be to any of the following:
Post: Customer Relations Manager,
Nowra Trailer Hire,
106 The Links Road, Nowra, NSW, 2541
Phone: 0456 969 636
15.2 If We do not collect Personal Information from You, We will not be able to rent You a Trailer and if any of the Personal Information You provide is incomplete or inaccurate, the quality of Our services may be compromised.
15.5 If You default in the payment of any moneys owed to Us under clause 3.3, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
16.1 If You are the holder of a corporate account with Us or if Your Corporate Services Agreement with Us provides for Customer Own Insurance these Terms and Conditions must be read in conjunction with Your signed Agreement.
16.2 In the event of any inconsistencies or ambiguity between the terms of Your corporate account, Your Corporate Services Agreement, Your Customer Own Insurance agreement these Terms and Conditions will prevail.
Effective 1 October 2015
Reviewed 1 May 2017