Rental Terms and Conditions
TERMINOLOGY:
Expressions and Words given special meanings in the rental hiring agreement are as follows:
Company: means Advantage Trailer Rentals and includes its successors, assigns, employees, servants and agents.
Contract: means the contract resulting from the acceptance of the company of a customer order.
Customer: means any person who enters into a contract with the company for the rental / hire of Equipment and includes the customer’s permitted assigns, successors, employees, servants and agents.
Equipment : means each item of equipment specified in the hire / rental schedule. Hire Period: means the period of hire contemplated in the hire / rental schedule.
Rental schedule: means the document the parties agree describes the Company will supply to the customer, and other relevant detail about the Equipment and the hiring agreement.
1. PAYMENT:
(a) The rental schedule states how the amounts the customer must pay Advantage Trailer Rentals are calculated and when and where those amounts are to be paid.
(b) The customer authorizes Advantage Trailer Rentals to obtain credit information about the customer to the extent permitted by any privacy legislation for
the purpose of assessing the customers ability to meet its obligations under the terms of the hiring agreement.
2. THE CUSTOMERS OBLIGATIONS:
(a) It is the customers obligation to ensure that an Advantage Trailer Rentals approved service provider in accordance with the manufacturer instructions services the Equipment.
(b) It is the customers obligation to ensure that only people with the appropriate training and licences use and operate the Equipment.
(c) It is the customers obligation to ensure that the Equipment is maintained and in good working order and that the operator is able to perform routine and daily safety checks if applicable
(d) The customer is obliged to notify Advantage Trailer Rentals of any problem with the Equipment including any loss, damage, or accidents that the Equipment may have been involved in.
(e) The customer must provide Advantage Trailer Rentals with access to the Equipment so as to provide any services required under the terms of the hiring agreement.
(f) The customer must not alter, modify or attach anything to the Equipment without Advantage Trailer Rentals written consent.
(g) The customer must comply with all laws and regulations relating to the Equipment and its use.
(h) The customer must not use the Equipment for sub hire, any speed test or contest.
(i) The customer must ensure that the Equipment is used strictly in accordance with the manufacturers instructions and must not be overloaded or loaded in an incorrect manner.
(j) The Equipment is only to be used in the manner for which it was designed and intended.
3 THE CUSTOMER WARRANTS:
(a) that all information supplies to Advantage Trailer Rentals in relation to the hiring agreement by the customer is true and correct.
(b) that the customer has prior to entering into the hiring agreement inspected the Equipment and is satisfied that the Equipment complies with the description in the Rental schedule both in its condition and suitability.
(c) that the person signing the hiring agreement is authorized by the customer to do so.
(d) Acknowledges that the hiring agreement does not pass the title of the Equipment to the customer.
(e) Must not remove or tamper with any identification on the Equipment.
(f) Must not represent to any person that the customer has title to the Equipment.
(g) Must not attempt to sell or grant any person any interest in the Equipment.
(h) Does authorize the Company to use the customers name and or act on behalf of the customer in exercising any rights or instituting or enforcing any legal proceedings which Advantage Trailer Rentals thinks appropriate to protect its rights in the ownership of the Equipment.
(i) If the customer is more than one entity, the hiring agreement binds both entities jointly and severally.
4 INSURANCES AND INDEMNITIES:
(a) The Company will maintain a minimum of $5,000.000 public liability insurance and workers compensation insurance for The Companies liability to third persons and The Companys workers.
(b) Advantage Trailer Rentals is entitled to receive all insurance proceeds as a result of any loss or damage to any Advantage Trailer Rentals Equipment.
(c) The customer indemnifies Advantage Trailer Rentals , its employees, agents and subcontractors against all losses, damages, expenses and costs (on a full indemnity basis whether incurred by or awarded against any of them) that any of them may sustain or incur as a result, whether directly or indirectly of the claim.
5. LIABILITY: Liability of Advantage Trailer Rentals and Customer
In addition to any applicable legislation, the hiring agreement states the contractual liability of each party to the other party and neither party has any
liability to the other for direct or indirect damage in relation to the Equipment, or delay or failure in supplying the Equipment or any other services, or the hiring agreement.
THE CUSTOMER ACCEPTS:
(a) risk in that Equipment while it is in the customer’s control or possession,
(b) the liability for any damage to or loss of the Equipment caused by the customer’s negligence or defective workmanship or that of its employees, agents or contractors.
(c) the breech of the hiring agreement by the customer.
(d) The Companies liability for any implied warranty that cannot be excluded at law is limited to replacing, or repairing the relevant Equipment or supplying the relevant services again.
(e) to provide evidence of non owned trailer liability insurance cover. Evidence being a copy of current policy or certificate of currency number.
(f) to provide evidence of adequate public liability insurance coverage. Evidence being a copy of current policy or certificate of coverage number.
6. RENTAL TERM:
The hiring agreement starts on the date it is signed and will continue to apply to all Equipment for at least the Hire Period specified in the hire / rental schedule for the Equipment; unless terminated or extended in accordance with thee following Terms and Conditions.
(a) The customer may terminate the hiring agreement before the end of the term by giving written notice to Advantage Trailer Rentals of such termination.
(b) At any time Advantage Trailer Rentals may terminate the hiring agreement with immediate effect by giving notice to the customer.
(c) If the customer fails to pay any overdue amount owed to Advantage Trailer Rentals within 7 days of receiving notice to do so.
(d) The customer breeches any other material term of the hiring agreement capable of remedy and fails to remedy the breech within 14 days after receiving notice requiring it to do so.
(e) The customer must notify The Company if any step is taken to enter into any arrangement between the customer and its creditors, the customer ceases to be able to pay its debits.
(f) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, provisional liquidator, an administrator or other like person of the whole or any part of the customers assets.
7. DE – HIRING: Immediately at the termination of the rental / hiring agreement for any Equipment.
(a) The customer must pay Advantage Trailer Rentals all monies the customer owes Advantage Trailer Rentals in relation to the Equipment.
(b) The customer must pay Advantage Trailer Rentals for each day until the Equipment is returned to Advantage Trailer Rentals the amount payable dayly as stated in the rental agreement.
(c) The customer must deliver to Advantage Trailer Rentals the Equipment in good working order at its address or such other place as directed by Advantage Trailer Rentals
(d) If the Equipment is not delivered in good working order and free of damage, the customer must pay to Advantage Trailer Rentals the cost of the repair required to return the Equipment to good working order and free of damage.
8. TERMINATION:
If the customer has not delivered an item of Equipment in good working order to Advantage Trailer Rentals within 7 days of the termination of the hiring agreement for that Equipment;
(a) Advantage Trailer Rentals may enter the premises at which the Equipment is or Advantage Trailer Rentals thinks the Equipment is ;
(b) May take possession of the said Equipment; and
(c) Customer must reimburse The Company on demand for expenses & costs (on full indemnity basis) incurred by The Company in repossessing the Equipment or incidental to that action.
The customer must reimburse or pay Advantage Trailer Rentals on demand for all stamp duty payable in relation to the hiring agreement, and any document executed to give effect to the hiring agreement, and any taxes payable in connection with or pursuant to the hiring agreement or the Equipment .
Notwithstanding any other provision in the rental / hiring agreement:
(a) Advantage Trailer Rentals may, in addition to any amounts payable by the customer under the hiring agreement, require the customer to pay any amount of goods and services
Tax which is payable or may be payable by Advantage Trailer Rentals in respect to the provision of any goods, services or other things to be done under the hiring agreement ; and
(b) If Advantage Trailer Rentals requires any amount to be paid by the customer under the preceding paragraph (a) the customer must pay Advantage Trailer Rentals that amount on demand.
This clause survives termination of the hiring agreement.
9. ASSIGNMENT:
(a) The customer may not transfer any of its rights or obligations under the hiring agreement without Advantage Trailer Rentals prior consent in writing.
(b) Advantage Trailer Rentals may, by giving notice to the customer; transfer any of its rights and obligations under the hiring agreement to any person.
(c) The customer acknowledges that Advantage Trailer Rentals may enter into the hiring agreement as agent for another party.
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