Terms & Conditions
TERMS OF AGREEMENT IN ADDITION TO TERMS SET OUT IN HIRE AGREEMENT
“Hireace” (meaning Clouth Investments Limited trading as Hireace) (hereinafter referred to as “the Proprietor”) hires to the Hirer whose signature appears on this form the trailer herein described on the following additional terms that are accepted by the Hirer whose signature appears on the front of this form.
1. The trailer remains at all times the exclusive property of the Proprietor. The Hirer obtained possession by way of bailment and does not acquire any proprietary interest in the trailer.
2. The trailer is acknowledged to be received in good mechanical condition.
3. The Hirer will return the trailer on the date stated in this agreement in the same order and condition as received fair wear and tear alone accepted and will not alter or otherwise interfere with any plates or documents required to be carried on or within the trailer.
4. The trailer will not be used for the carriage of persons.
5. The Hirer will observe and comply with all statutes, regulations and other requirements governing the use of the trailer and warrants that he holds a current driver’s licence.
6. Retention of the trailer after the return date will amount to unlawful conversion and without prejudice to other remedies the Proprietor may recover overdue time charges at the rate of $5.00 (five dollars) per hour until actual return of the trailer to the site hired from including all transport costs.
7. The Hirer will pay to the Proprietor: (a) A deposit as stated in the schedule per trailer, which shall be refunded to the Hirer in full on the return of the trailer/s in accordance with clause (3) above. (b) The Hirer charges as stated in this agreement. (c) Any overdue time charges as above. (d) The cost of all damage to the trailer (including tyres) occurring after delivery to the Hirer and up to the time of the actual return to the Proprietor. This is limited to $250 if the additional Waiver was taken at time of hire. (e) Payment for any damage/repairs, is to be made within 30 days of invoice date unless otherwise agreed in writing by the Proprietor prior to repair taking place. (f) Any puncture repair while on hire to the Hirer. (g) The replacement value of all tyres, tools, parts, fittings, equipment and accessories lost or stolen from the trailer.
8. The Hirer will not pledge the trailer in any way or cause or allow a lien or charge or other type of security interest to be created in respect of the trailer.
9. In the event of accident the Hirer will report same in writing immediately to the Proprietor and deliver forthwith on receipt a copy of every writ, summons or other process served on him or the driver and co-operate fully with the Proprietor and the Proprietor’s insurers, in the investigation, prosecution or defence of any claim made.
10. The Hirer agrees that all damage repairs will be repaired by Hireace or an agent of Hireace and be billed directly to the Hirer. No repairs are to be done to the trailer unless the Hirer has written approval from the Proprietor. Liability for damage/repairs will be limited to $250 if the additional waiver was taken at time of hire.
11. The Hirer undertakes not to overload the trailer and to return it in clean and tidy condition.
12. The Hirer warrants that his own vehicle is and will be roadworthy at all relevant times.
13. The Proprietor will not be liable for any loss or damage of any kind whatsoever whether suffered or incurred to the Proprietor or third parties whether such loss or damage arises directly or indirectly from the hire of the trailer. The waiver of liability limits the Hirer’s liability to $250 for any damage to the trailer (excluding theft of the trailer or any of its parts) if the waiver of liability was paid for at the time of hire. The Hirer accepts full liability for all liability for all damage to their own vehicle or any consequential loss or damage to a third party arising from the hire of the trailer.
14. The Hirer agrees that the trailer/s will at all times while it is being hired by him remain in his possession and shall be securely stored at his premises while not in use.
15. The Proprietor shall be entitled on the occurrence of one or more of the following events to terminate this Agreement by notice in writing to the Hirer and may, irrespective of whether it has already terminated the Agreement immediately enter upon the property of the Hirer for the purposes of repossessing the trailer/s. In the event of early termination the Proprietor shall be entitled to recover from the Hirer and/or retain all payments made or which should have been made prior to the date of termination (including the deposit) without prejudice to any other remedy it may have in respect of any breach of this Agreement on the part of the Hirer. The events are: (a) If the Hirer breaches any obligation contained or implied in this Agreement. (b) If distress or execution is levied or attempted to be levied upon the trailer/s. (c) If at any time any judgment of any Court against the Hirer remains unsatisfied. (d) If any charge or lien is lawfully claimed over the trailer/s. (e) If the Hirer commits or suffers an act of bankruptcy or if a company becomes insolvent. (f) If a receiver is appointed in respect of the assets of the Hirer.
16. The Hirer agrees to and will pay all debt recovery charges including legal and collection costs incurred by the Proprietor in the recovery of any debt owed to the Proprietor including 19.5% interest per annum (calculated daily) on all overdue accounts.
17. The Proprietor is not liable for any damage, costs, claims or losses incurred by the Hirer or any third party except as a result of the Proprietor’s own negligence or wilful default. The Hirer hereby indemnifies the Proprietor against any losses, claims, expenses, damages or costs incurred by the Proprietor as a result of any act or omission of the Hirer, regardless of fault during the term of this Agreement.
18. It is the Hirer’s responsibility to ensure that if they elect to take the daily insurance reduction ($250 excess with additional waiver) the payment is shown on the Agreement.
19. Even if insurance has been taken, and the trailer is damaged, wilfully or by overloading or negligence of the Hirer, full liability will be borne by the Hirer.
20. Even if insurance has been taken, and the trailer is damaged, if the hirer is charged for careless use, dangerous driving or any offence by police for an accident or incident then full liability will be borne by the Hirer.
21. The Hirer agrees not to drive any trailer under any structure that is lower than the trailer. Even if the Insurance waiver has been taken in the event of this happening the Hirer agrees to pay all damages and repair costs including towage and storage until the trailer is repaired.
22. Even if the $5 Insurance waiver has been taken, and the trailer is damaged due to careless or reckless use the Hirer accepts full liability for all damages including towage and storage.
23. The Hirer agrees that if the trailer is picked by Hireace for any reason that all goods on/in the trailer may be held / sold by Hireace to recover costs whatsoever they may be.
24. Hireace do not guarantee that Furniture trailers are waterproof.
25. If the Vehicle is involved in an incident the hirer agrees to pay hireage at the standard daily rate until returned to branch as per agreement after repairs have been completed.
NOTE: THE HIRER IS URGED TO MAKE SURE THAT HIS OWN VEHICLE IS PROPERLY AND FULLY INSURED AND THAT HE IS PERSONALLY INSURED AGAINST ALL CLAIMS THAT MAY BE MADE AGAINST HIM.