The hirer acknowledges that he has examined the said trailer and/or equipment, together with any coupling mechanism and that the said trailer and/or equipment and the coupling mechanism are in good condition and that the said trailer and/or equipment is securely connected to the hirer’s motor vehicle. The hirer agrees to assume all liability for any damage to the towing vehicle arising out of the use of the said trailer and/or equipment. The hirer further agrees to periodically inspect the said trailer and/or equipment and coupling mechanism and to maintain the same in a safe dependable and secure condition whilst same are in the possession, custody, or power of the hirer. The hirer acknowledges that the trailer is in good repair and that it is clean and undertakes to return it in a similar condition (fair wear and tear excepted). Upon completion of the hiring the trailer must be properly cleaned by the hirer. Trailers returned in a dirty condition in the opinion of the Owner shall be cleaned at the hirer’s expense at the current hourly rate.
The hirer shall use the trailer in a skilful and proper manner and shall not speed or overload it. Trailers of 6’ x 4’ sizes must not be used to carry more than half a tonne. It is suggested that weight should be 60% in the front half of cargo space. The hirer must not exceed 90 km per hour. The hirer acknowledges that the Department of Motor Transport requires safety chains and proper lights. It is the hirer’s responsibility to comply with all regulations including load capacity of the trailer and of the towing car.
This agreement may not be transferred or assigned to any other party without the consent in writing of the owner.
The hirer shall make his own insurance arrangements and assume all responsibility for any liability arising from the trailer while the trailer is in the care and control of the hirer or is being used by the hirer. The trailer is not insured against theft and it is the hirer’s responsibility to keep it secure. The hirer is totally responsible for any lost, stolen or mislaid components or equipment of the trailer.
The owner may notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this Agreement and repossess the equipment in any of the following events:- (a) If the hirer shall fail to pay any hiring charges when due. (b) If the hirer shall do or permit any act or thing whereby the owner’s rights in the equipment may be prejudiced. (c) If the hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his 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. (d) If the hirer commits any breach of this Agreement. Without prejudice to the rights of the owner to recover from the hirer any moneys due hereunder or any damages for breach hereof the owner may enter into or upon any premises where the trailer may be located for the purpose of repossessing the trailer. The hirer indemnifies the owner in respect of any claims damages or expenses arising out of any action taken under this clause.
On the termination of the period of hiring, the hirer at his own expense must return the trailer to the address stated within or if no such address is so stated to the Service Station or place from which it was hired. When the trailer cannot be returned at the due time the hirer must advise the owner or its agents before that due date and advise the owner of the estimated time of return. Trailers not returned by the agreed time and where no advice of the late return is given as above, the rental of the trailer shall be treated for charging purposes, as a new hiring. The time of hiring commencing at the time the original hiring should have ended and the charge will be at double rates together with any costs incurred in locating and recovering the trailer. Late hirings not advised as above and not advised in writing to the Head Office of the owner within 24 hours after the hiring expiry date will be considered as stolen trailers and the hirer will be liable to prosecution for theft.
During the continuance of the hiring, the hirer will not:- (a) Sell, offer for sale, assign, mortgage, pledge or underlet the trailer or any interest of the hirer therein; (b) Part with possession of the trailer; (c) Allow any lien to be created in respect of the trailer whether for repairs or otherwise.
The hirer shall be responsible for all freight and other charges where incurred by the owner or the hirer in respect of the delivery and return of the trailer except when authorised by the owner or his agent.
In the event of a trailer breaking down the hirer shall arrange at his own expense to return it to the owner or its agent forthwith. The period of the hire shall be determined upon such return of the trailer to the owner, in no event shall the owner be responsible for any expenditure damage and/or loss incurred by the hirer arising out of any breakdown or failure of the trailer, whether caused by fair wear and tear, negligence on the part of the new owner or any other reason whatsoever.
In the above the word “owner” means “the owner or his agent” and the word “trailer” means “trailer and all equipment attached thereto or hired under this Agreement.”
This contract contains the whole agreement and there are no oral or other agreements or understandings.
