DEFINITIONS
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.
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.
Trailer Operating Guidelines means the Owner’s guidelines for use and operation of the Trailer;
Collection Date means the date and time nominated at the time of booking on which the Hire Period will commence.
Collection Site means the location nominated at the time of booking from where the Trailer will be collected.
Return Date means the date and time nominated at the time of booking for return of the Trailer.
Return Site means the location nominated at the time of booking where the Trailer will be returned.
Hire Fee means the agreed charge for the Trailer Hire.
Hire Period means the dates specified by the Hirer as being the period from and including the Collection Date to the Return Date.
Business Hours means the Owner’s business hours, namely 7am to 7pm Sunday to Friday.
1. PRELIMINARY
The Trailer supplied on hire remains the property of CLJC Rentals Australia (trading as Move It Cheap Trailer Hire) A.B.N. 67286817724 hereinafter referred to as the “Owner”.
2. 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.
3. CANCELLATIONS
3.1 Free 24-hour cancellation
You may cancel or change your booking at any time provided it is done at least 24 hours before the scheduled Hire Start Time. The amount paid will be refunded in full less cancellation fee of $30.
If the cancellation is done within 24 hours of the Hire Start Time, the hire fee is forfeited in full.
(If you need to cancel or change your booking, please send us a message and we will do that in the system. We will then send you a confirmation that the cancellation has been successful.)
3.2 Cancellations After Hire Start
If you cancel after the scheduled Hire Start Time, the Hire Fee will be retained in full.
Where you choose to reschedule your hire, the Owner will apply the Hire Fee as a credit toward the new booking.
3.3 Failure to Collect
Once a booking is confirmed, the trailer is reserved exclusively for the customer for the duration of the hire period. If the customer does not collect the trailer for any reason, no refunds, credits, or rescheduling will be provided. It is the customer’s responsibility to ensure they collect the Trailer at the commencement of the hire period.
4. COLLECTION OF TRAILER
4.1 The Trailer will be made available for collection by the Hirer at the nominated Collection Location.
4.2 The Hirer shall be provided with a unique digital code via email prior to the Hire Period which will enable to Trailer to be released.
4.3 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.
4.4 The Hirer must conduct a visual inspection of the Trailer (including the winch and hydraulics, if applicable) prior to leaving the Collection Location.
4.5 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.
4.6 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.
5. RETURN OF TRAILER
5.1 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 trailer digital keybox.
5.2 No refund shall apply where the Hirer returns the Trailer prior to the Return Date.
5.3 Failure to return the Trailer to the Return Site, on the Return Date and Time 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.
6. EXTENSION OF HIRE PERIOD
6.1 Should the Hirer be unable to return the Trailer to the Return Site on the Return Date and Time, the Hirer must do so in the manage booking section in the website (or alternatively inform the Owner prior to the Return Date during Business Hours).
6.2 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.
7. NO THEFT COVERAGE
7.1 Insurance against theft of the Trailer while it is your possession or control is not provided. It is the Hirer’s responsibility to ensure the security of the Trailer. The Hirer must arrange their own insurance and assume all responsibility for any loss, damage, or liability arising from the use of the Trailer while it is under their care, control, or being used by them, their employees, or agents.
7.2 The Owner does not provide insurance against theft, loss, or damage to the Trailer while it is in the Hirer’s possession or under the Hirer’s control. The Hirer shall be fully liable for the replacement value of the Trailer in the event it is lost, stolen, destroyed, or otherwise not returned in the same condition as supplied.
7.3 The Hirer’s liability shall include, without limitation, all associated costs, losses, damages, and expenses incurred by the Owner arising from or connected with such loss or theft, including but not limited to: delivery and transport costs; loss of rental income and business interruption until the Trailer is repaired or replaced and returned to service; administrative, investigative, and reporting costs; expenses associated with notifying and cooperating with police, insurers, or other authorities; costs incurred in sourcing, purchasing, transporting, registering, repairing, or preparing a replacement trailer or replacement components; and all reasonable incidental, operational, and overhead expenses.
8. DAMAGE LIABILITY REDUCTION COVERAGE
81. You are fully liable for the costs and expenses related to the repair or replacement of the Trailer if it is damaged while it is in your possession.
8.2 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. You will also be liable for associated costs including, but not limited to: delivery cost, loss of rental income until the trailer is placed back in service, administrative and investigation costs, expenses associated with reporting the matter to authorities, costs incurred in sourcing, purchasing, registering, and preparing a replacement trailer or its component, and any reasonable incidental or overhead expenses arising from the loss.
8.3 If the customer chooses to add Damage Liability Reduction at checkout, their liability will be reduced to the extent of the excess as specified on the purchased Damage Liability Reduction (amount of liability reduction shown at checkout page). This only applies to accidental damage to the trailer or its attachments, including tyre damage from normal use, except where such damage arises from negligence, while it is in your possession or control, and before it is returned to us.
8.4 For the purposes of this clause, “negligence” means any actions or omissions by the customer that fall below a reasonable standard of care, including careless or improper use of the trailer.
8.5 Damage Liability Reduction Coverage applies only to the trailer and its attachments. It does not cover third-party damages, including injury to persons or damage to other vehicles or property. The Hirer must arrange their own insurance and assume all responsibility for any loss, damage, or liability arising from the use of the Trailer while it is under their care, control, or being used by them, their employees, or agents.
8.6 The Damage Liability Reduction Coverage 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.
8.7 In the event of an accident, you are responsible for any costs incurred, including all recovery charges to return the Trailer to the nearest Move It Cheap 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.
8.8 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.
9. 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:
9.1 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 $60.00 for any cleaning required to be performed by the Owner or its representatives.
9.2 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 and time, 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.
9.3 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 $2,000. The Hirer shall also be responsible for all freight and other charges in connection with the recovery of the Trailer.
9.4 Tolls & Fines – Any toll incurred shall be payable by the Hirer, together with an administrative fee of $50 payable to the Owner.
9.5 Violations – Any fine (parking, infringement etc.) payable by the Hirer, together with an administrative fee of $50. 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.
9.6 Debt recovery – The Hirer shall be liable for all costs incurred by the Owner in enforcing or recovering any amounts owing under this agreement, including but not limited to debt recovery agency fees, legal costs on a solicitor-client basis, court filing fees, collection costs, and any other enforcement or recovery expenses reasonably incurred by the Owner.
10. NON-RETURN / INCORRECT RETURN LOCATION FEE
10.1 If the Trailer is not returned to the nominated Return Site on the Return Date, or is left at any unauthorised or incorrect location, the Hirer will be charged a Non-Return Fee.
10.2 The Non-Return Fee is the greater of:
(a) $200 or
(b) $1.50 per kilometre from the location the Trailer was left to the correct Return Site.
10.3 This fee is in addition to any other charges payable under this Agreement, including but not limited to extended hire fees, recovery fees, towing or transport costs, or damage.
11. OVERDUE PAYMENTS
The Hirer agrees to pay all amounts owing in relation to the hire of the trailer, including hire fees, extension fees, repair costs for any damage occurring during the hire period, and replacement costs if the trailer is lost or stolen while under the Hirer’s possession or control.
If an invoice remains unpaid after the due date, interest may be charged on the outstanding balance at a rate of 12% per annum, calculated daily, until the amount is paid in full.
This may apply to unpaid hire fees, damage-related invoices, replacement costs, loss of rental income, and any reasonable costs incurred in recovering the outstanding amount.
We understand unexpected situations can happen and encourage customers experiencing payment difficulties to contact us as soon as possible so we can discuss a suitable arrangement where appropriate.
12. AUTHORISATION TO CHARGE CARD FOR LOSS, DAMAGE, REPAIRS AND ASSOCIATED COSTS
Where the trailer or equipment is lost, stolen, written off, or damaged beyond economical repair, the Hirer authorises the Owner to charge the reasonable replacement value of the trailer or equipment together with any associated costs and reasonable loss of rental income.
The Hirer authorises the Owner to charge any credit card, debit card, or other payment method provided by the Hirer for any amounts reasonably incurred in connection with the hire, including but not limited to:
(a) loss, theft, destruction, or damage to the trailer or hired equipment;
(b) repair, replacement, recovery, towing, cleaning, storage, transport, assessment, or administrative costs;
(c) unpaid hire fees, extensions, late return charges, tolls, fines, or other amounts payable under this Agreement; and
(d) reasonable loss of rental income incurred by the Owner as a direct result of the trailer being unavailable for hire due to loss, theft, destruction, damage, repair, or replacement, including:
(i) until repairs are fully completed and the trailer is returned to service; or
(ii) where the trailer is lost, stolen, written off, or damaged beyond economical repair, until a replacement trailer is purchased, delivered, registered (if required), and placed into service.
The Owner may process such charges without further notice where the amount is reasonably supported by invoices, quotations, repair assessments, replacement costs, or business records. The Owner will provide the Hirer with a tax invoice or written breakdown of the charges upon request.
Nothing in this clause limits any other rights or remedies available to the Owner under this Agreement or applicable law.
13. LOST TRAILER AND ACCIDENT REPORTING
(a) If you are involved in an accident or if the trailer is stolen, you must report the accident or theft to us immediately – or if not possible, at least within 3 hours of it occurring.
(b) If you have an accident, you must:
(i) exchange names and addresses and telephone numbers with the other driver;
(ii) take the registration numbers of all vehicles involved;
(iii) take as many photos as is reasonable showing the position of all vehicles and the trailer before they are moved for towing or salvage, the damage to the trailer, the damage to any third party vehicle or property, and the general area where the accident occurred, including any road or traffic signs;
(iv) obtain the names, addresses and phone numbers of witnesses;
(v) not promise to pay the other party’s claim or release the other party from any liability; and
(vi) forward all third party correspondence or court documents to us within 7 days of receipt.
14. HIRER’S SPECIFIC ACKNOWLEDGEMENT
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 (available in the Information page on the website);
(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.
15. 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.
(g) ensure the jockey wheel (if fitted) will not be used for manoeuvring the Trailer and is only for raising and lowering the Trailer;
(h) 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;
(i) abide by all road rules and never exceed 100km per hour, or such lower speed limit which may apply;
(j) accept full responsibility for all damages 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;
(k) ensure the Trailer is kept clean and returned to the Return Site in a thoroughly cleaned condition. Failure to do so will result in a cleaning fee being imposed;
(l) indemnify and agrees to keep indemnified the Owner against any claims, loss, liabilities, fines, demands, damages, costs and expenses (including legal costs) arising out of or in connection with:
(a) the Hirer’s use or operation of the Trailer; or
(b) any act, omission, default or breach of this agreement by the Hirer,
except to the extent that such loss or liability is caused by the negligence, wilful misconduct, or breach of statutory duty by the Owner.
(m) 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;
(n) 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.
(o) 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
(p) pay to the Owner all hire and related charges and other costs.
16. 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.
17. AGREEMENT TERMINATION
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 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.
(c) 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 and 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.
18. MISCELLANEOUS PROVISIONS
(a) The Owner may use and disclose the Hirer’s information in connection with any future promotional or marketing undertaken by the Owner, subject to relevant privacy legislation.
(b) All amounts stated are a reference to Australian dollars (AUD) and unless otherwise specified exclude goods and services tax (GST).
(c) 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.
(d) To the extent permitted by law, the Owner makes no warranties or representations, express or implied, regarding the condition, suitability, quality, fitness for any particular purpose, or performance of the Trailer.
The Hirer acknowledges that it has not relied on any representation or warranty made by the Owner in relation to the Trailer, except as expressly set out in this Agreement.
Nothing in this clause operates to exclude, restrict or modify any rights or remedies the Hirer may have under the Australian Consumer Law or any other applicable legislation which cannot be excluded.
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