Vehicle and Trailer Hire Terms & Conditions
- INTERPRETATION in these conditions:
“Agreement” means this Agreement, including any cover page containing the Hirer’s details, any schedules, and any other document or materials it specifies form part of it;
“Centre” means the storage centre operated by the Owner being the primary location for the Vehicle;
“Corporations Act” means the Corporations Act 2001 (Cth) (as amended from time to time);
“Due Date” means the End Date and Time shown on the cover page of this Agreement when the Vehicle must be returned to the Centre;
“Excess Payable” means the amount payable by the Hirer in the event of any claims or actions as set out on the cover page of this Agreement;
“Hirer” or “You” means the person and/or entity who is hiring the Vehicle and is listed on the cover page of this Agreement;
“Hire Condition Report” means the report reviewed and approved by You which details the condition of the Vehicle as at the Commencement Date;
“Hire Fees” means the fees payable by the Hirer for the hire of the Vehicle shown on the cover page of this Agreement;
“Hourly Rate” means a sum equal to $50.00 or part thereof;
“Optional Damage Waiver” means the amount payable by the Hirer to reduce the Excess Payable as stipulated on the cover page of this Agreement;
“Other Fees” means any other reasonable fees that the Owner determines it needs to impose to recover operational costs (both internal and external) including but not limited to any additional services, cleaning, damage, late return fees that may be charged as set out in the Rate Schedule;
“Owner” or “We” or “Us” means National Storage (Operations) Pty Ltd (ABN 65 095 053 179) trading as National Storage, and/or its related companies as defined under the Corporations Act;
“PPSA” means the Personal Properties Securities Act 2009 (Cth) (as amended from time to time) and any other legislation and regulations in respect of it;
“Rate Schedule” means the rates published by the Operator from time to time available at the following link https://nationalstorage.com.au/trailer-hire-fees/ or https://nationalstorage.nz/trailer-hire-fees/ (as applicable) which are subject to change;
“Rental Period” means the period commencing at the Commencement Date and Time shown on the cover page of this Agreement and concluding at the End Date and Time shown on the cover page of this Agreement;
“Third Party Loss” means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income; and
“Vehicle” means truck or trailer and all equipment and accessories attached thereto and hired under this Agreement as particularised on the cover page of this Agreement.
Headings are for convenience only and do not affect the interpretation terms.
- GENERAL PROVISIONS
- This Agreement is governed by the laws of the state or territory in which the Vehicle was hired from and You agree that the courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between the Hirer and the Owner.
- The Hirer acknowledges that the Vehicle is in good repair and that it is clean and undertakes to return it in the same condition at the Hirer’s own cost (fair wear and tear excepted). Vehicles returned in a dirty condition, in the Owner’s reasonable opinion, shall be cleaned and the Hirer will be charged at the current Hourly Rate for the time taken to restore the Vehicle to the condition that Vehicle was in at the commencement of the Rental Period as detailed in the Hire Condition Report.
- The Hirer acknowledges they have, or will prior to the commencement of Rental Period appropriately inspect and satisfy themselves that the Vehicle is fit for purpose.
- The Hirer acknowledges that the Vehicle dimensions advertised are approximate only and if there is any doubt on the capacity required it is recommend to select the
next size up.
The Hirer must ensure that the Vehicle is used only for the purpose for which it is designed by the manufacturer. The Hirer must ensure that the Vehicle is not used when it is damaged or in any way unsafe and must keep the Vehicle secure at all times. The Hirer must ensure that the Vehicle is only used in a skilful and proper manner. The Hirer must ensure that the Vehicle is not used for the conveying or towing of any load which is incorrectly loaded or secured at any time during use or is in excess of that for which the Vehicle was constructed.
This agreement may not be transferred or assigned to any other party without the prior written consent of the Owner.
2.5 (Right to exchange)
The Owner reserves the right to exchange the Vehicle with an equivalent item at any time before and during (in circumstances where there is an issue with the Vehicle that needs to be rectified) the Rental Period. In the event that the exchange of the Vehicle cannot occur the Owner will refund You the whole or a portion of the Hire Fees as applicable.
2.6 (No guarantee fully enclosed trailers are waterproof or dustproof)
By signing this Agreement, the Hirer acknowledges that all fully enclosed Vehicles are not guaranteed to be waterproof or dustproof and that the Hirer is responsible to take precautions to prevent water damage to any goods within the Vehicle.
3.1 (Hire Fees)
On or before the commencement of the Rental Period, the Hirer must pay the Hire Fees and any Other Fees (as applicable). The Hirer agrees to sign such authority as the Owner deems reasonably necessary to facilitate payment of any recovery of costs in the event of any damage to the Vehicle. Without prejudice to the rights of the Owner to recover from the Hirer any monies due under this Agreement or damages for a breach, the Owner may enter into or upon any premises where the Vehicle may be located from time to time for the purpose of repossessing the Vehicle in the event of damage or default by the Hirer. The Hirer is liable in respect of any claims, damages or expenses arising out of any action taken under this clause 3.1 as a result of the Hirer’s default.
3.2 (Due Date & Extended Return Date)
- The Hirer must, at its sole and entire cost, return the Vehicle to the Centre or the location otherwise agreed between the parties by the Due Date.
- If the Vehicle cannot be returned by the Due Date, the Hirer must, prior to the Due Date, notify the Owner by telephone and then in writing requesting an extended return date. If the Owner agrees to an extended return date, the Vehicle must be returned by such date as notified by the Owner. The Owner is not obliged to agree to an extended return date. The Hirer must continue to pay the Hire Fees on the Vehicle at a rate commensurate with the normal hire rate for any extended rental period under this clause 3.2.
- If the Vehicle is not returned by the Due Date and no request for an extended return date has been made and/or agreed to by the Owner, the rental of the Vehicle shall, for charging purposes, be treated as a new hire commencing from the Due Date (“New Rental Period”). All terms and conditions of this Agreement that apply to the Rental Period shall apply to the New Rental Period. The Hirer shall be liable for the hire fees of the New Rental Period and all reasonable costs incurred by the Owner in locating and recovering possession of the Vehicle (including but not limited to an additional late fee of $75.00). If the Vehicle is not returned within 24 hours of the Due Date or by the date determined under this clause 3.2, the Owner may report the Vehicle as being stolen or unlawfully used to any Police Officer.
3.3 (Optional Damage Waiver)
Where applicable, the Optional Damage Waiver covers only damage caused to the Vehicle during the Rental Period and does not cover any damage to other property, or claims by other persons, under any circumstances, due to negligence or criminal action by the Hirer, particularly where a breach of traffic regulation has been committed, resulting from overloading, speeding or misuse of the Vehicle, when the Vehicle is overdue for return to the Centre, when the Optional Damage Waiver fee has not been paid prior to the damage occurring, to tyres (unless the damaged tyre is returned for the Owner’s inspection and the damaged tyre is accepted by the manufacturer as faulty), arising from more than one accident or event, to overhead structures, which damage is the sole responsibility and cost of the Hirer. The Optional Damage Waiver does not cover any replacement cost of the Vehicle caused by theft or abandonment, during the Rental Period. Where a Vehicle or part thereof is damaged during a Rental Period the Excess Payable stated on the Agreement will still apply.
3.4 (Tolls, Fines and Additional Charges)
If, at any time during the Rental Period, the Hirer engages in activity that results in any tolls, fines or additional charges to the Owner, including without limitation fines relating to exceeding the speed limit, red light cameras and parking fines, then the relevant charge will be passed onto the Hirer and the Hirer is liable for any costs or loss incurred by the Owner as a result.
3.5 (Early Return or Cancellation)
- If during the Rental Period You return the Vehicle earlier than the Due Date You are required to pay all Hire Fees in respect of the Rental Period and You are not entitled to a refund of all or part of the Hire Fees.
- You will not be entitled to any refund of Hire Fees if:
- your booking is cancelled within 24 hours of the commencement of the Rental Period; and/or
- you fail to notify the Owner of the intended cancellation prior to the commencement of the Rental Period and fail to pick up the Vehicle.
- LIABILITY AND INDEMNIFICATION
4.1 (Liability and Indemnification)
The Hirer is liable for any loss of, theft of, and all damage to, the Vehicle howsoever caused and all property damage or bodily injury arising out of the Vehicle hire and whilst the Vehicle is in the care, custody or control of the Hirer or is being used by the Hirer to the extent not covered by any Optional Damage Waiver. The Hirer further indemnifies and holds harmless the Owner from any suits, actions, claims and demands of any description howsoever arising directly or indirectly from any and all representations, warranties, use, maintenance, transport, operation or otherwise, except in circumstances where such action arises out of the negligence or wilful misconduct of the Owner.
The Hirer must notify the Owner as soon as possible by telephone and then in writing of any damage, injury, risk or liability which might lead to a claim by any person under any insurance policy. The particulars to be supplied by the Hirer must contain the fullest information available, including names, addresses, registration details, vehicle descriptions and licences details of other parties, names and addresses of witnesses and Police Officer’s details. The Hirer must not make any admission of liability without the Owner’s consent and must forward to the Owner copies of all letters, claims and documents relating to any proceeding arising out of the Hirer’s hire of the Vehicle.
- CONTRAVENTION OF LAW
The Hirer must not use the Vehicle in contravention of any law and not allow persons other than the Hirer to operate the Vehicle, without the prior written consent of the Owner.
6.1 (During Hire)
During the Rental Period, the Hirer will not sell, offer for sale, assign mortgage, pledge or underlet the Vehicle or any interest of the Hirer therein, part with possession of the Vehicle, allow any lien to be created in respect of the Vehicle whether for repairs or otherwise, or use the Vehicle at a distance of 100 kilometres from the Centre.
6.2 (Vehicle Breakdown)
The Owner will provide the Hirer with a Vehicle that is of acceptable quality and in good working condition, taking into account the age of the Vehicle. The Hirer acknowledges that a breakdown may occur. If the Vehicle breaks down during the Rental Period You must stop using the Vehicle immediately and notify the Owner as soon as possible by telephone. The Owner will recover and repair the Vehicle as soon as possible and, where the vehicle breakdown is not your fault, refund you for any period of time during which you did not have a Vehicle. If the Vehicle cannot be repaired, We will use our best endeavours to provide a replacement Vehicle subject to availability. If the cause of the breakdown is attributable to Your actions or conduct or lack of actions or preventative actions You failed to take, You are liable for any damage, expenditure and/or loss incurred by the Hirer and/or Owner.
The Hirer is responsible for all punctures, leaks, rips or other damage to the Vehicle’s tyres (“Tyre Damage”) incurred during the Hire Period. In no event shall the Owner be responsible for any expenditure, damage and/or loss relating to Tyre Damage during the Hire Period, except in circumstances where such action arises out of the negligence or wilful misconduct of the Owner, and if the Owner incurs any costs in relation to Tyre Damage they will be charged to the Hirer upon presentation of tax invoices and/or receipts.
- AUTHORISED DRIVERS
The Vehicle can only be driven, towed or operated (as applicable) by the Hirer. It is a breach of the Agreement if You let anyone who is unauthorised operate the Vehicle. If there is a breach of the Agreement there is no insurance coverage for You, or the unauthorised person for any damage, theft of the Vehicle or Third Party Loss.
7.2 (Age Limits)
You must be at least 18 and not over 75 years of age and have no less than 12 months’ unrestricted driving experience, unless We have agreed to a variation of that restriction before the start of the Rental Period and it is shown in this Agreement.
7.3 (License Requirements)
You must have a valid licence to drive, tow or operate the Vehicle which:
- is issued in an Australian state or territory, in respect of hire in Australia and issued in New Zealand in respect of hire in New Zealand or an international licence (with a valid International Driving Permit or approved translation into English if Your licence is not issued in English);
- is not subject to any restriction, condition or is not suspended or cancelled; and
- must not have been cancelled or suspended within two years of the commencement of the Rental Period.
Learner drivers are not acceptable and must not operate, tow or drive the Vehicle.
- PROHIBITED USE AND PROHIBITED AREAS OF USE
8.1. (Prohibitions on use)
The Vehicle must not be driven, towed or operated by You:
- whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine oral fluid that exceeds the limit set by law;
- recklessly or dangerously;
- whilst the Vehicle is damaged or unsafe;
- for any illegal purpose;
- to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
- in connection with the motor trade for experiments, tests, trials or demonstration purposes;
- to carry any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced; or
- outside of a 100km radius from the Centre.
8.2. (Prohibitions on conduct)
You must not:
- damage the Vehicle deliberately or recklessly or allow anyone else to do so;
- sell, rent, lease or dispose of the Vehicle; or
- register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.
8.3 (Prohibitions on operation)
The Vehicle must never be towed, operated or driven on any road where it would be unsafe to tow, operate or drive the Vehicle including but not limited to:
- on an unsealed road or off-road; and
- in any area where snow has fallen or is likely to fall;
- on roads that are prone to flooding or are flooded;
- on beaches, streams, rivers, creeks, dams and floodwaters;
- on any road where the police or an authority has issued a warning;
- any road that is closed; and
- any road where it would be unsafe to drive, tow or operate the Vehicle.
9.1 (Commencement of Rental)
At the commencement of the Rental Period and before collecting the Vehicle You must:
- present Your driver’s licence and if requested, permit copies of the drivers’ licences to be made and kept by the Owner;
- fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted in the Hire Condition Report and shown in the Agreement and if there is any discrepancy You must notify the Owner prior to leaving the Centre; and
- ensure the correct Vehicle is taken by checking that the registration number detailed on the Agreement
matches that of the Vehicle taken.
9.2. (Reasonable Care)
You must take reasonable care of the Vehicle by:
- preventing it from being damaged;
- making sure that it is protected from the weather;
- maintaining the tyre pressures at the PSI recommended by the manufacturer of the Vehicle; and
- making sure it is not overloaded.
- (Operating a Trailer)
Before and during Your use of a trailer You must ensure:
- the weight of the load is appropriately balanced on the trailer;
- the aggregate trailer mass (Trailer plus load unhitched) does not exceed the lesser of the manufacturer’s recommended maximum towing mass or the Towing Vehicle’s towbar rating. The towing capacity of vehicles is usually provided in the vehicle operator’s handbook and You must also check the towbar’s manufacturer’s specification plate on the towbar as the two may differ;
- the trailer is correctly and safely connected to the towing vehicle and the safety chains are correctly fitted;
- the coupling handle is correctly down;
- the tyres are inflated to the recommended PSI; and
- all lights are working correctly;
- You must secure any property, goods, stock or equipment carried in the trailer and use suitable tie down materials to ensure that under no circumstances will they fall from the trailer during transit;
- You must comply with all road rules and regulations and You are always responsible for the correct and safe handling of the trailer.
9.4 (Notification of Fault)
- You must inform the Owner immediately if the Vehicle develops any fault during the Rental Period. If You fail to notify the Owner and continue to use the Vehicle, you will be responsible for any damage or Third Party Loss.
- You must not let anyone else repair or work on the Vehicle without the Owner’s prior written authority to do so.
The Owner may, notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, terminate the Agreement and repossess the Vehicle in any of the following events:
- if the Hirer shall fail to pay any charges when due;
- if the Hirer shall do or permit any act or thing whereby the Owner’s rights in the Vehicle may be prejudiced;
- 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 passed for the winding up of such company; or
if Hirer breaches any term of this Agreement.
The Owner may terminate the Agreement and any Rental Period on 7 days’ notice in respect of any scheduling conflicts and on 48 hours’ notice for any other reason (including, for example, unexpected damage to the vehicle). In the event of termination under this clause, the Owner will refund the Hirer within 10 Business Days of the termination notice.
The Owner may terminate the Agreement and any Rental Period immediately if You or any third party has made a false statement or representation in any document provided to the Owner.