BRUCEY’S TRAILER HIRE

Rental Agreement – Terms & Conditions

Business: Brucey’s Trailer Hire
ABN: 20 907 279 699
Mobile: 0456 410 336
Email: lucasbruce095@gmail.com
Operating jurisdiction: Victoria, Australia

These Rental Agreement Terms and Conditions (“Terms”), together with the booking confirmation, pickup and return condition reports, photographs, digital signatures, checklists, messages, invoices and any additional terms shown for the particular trailer (“Agreement”), form the rental agreement between Brucey’s Trailer Hire, ABN 20 907 279 699 (“Brucey’s Trailer Hire”, “we”, “us” or “our”) and the person named as the Hirer in the booking (“you”, “your” or “Hirer”).

By completing a booking, accepting these Terms electronically, signing the Agreement, receiving an access code or taking possession of the trailer, you agree to be bound by this Agreement.

If you do not agree to these Terms, you must not take possession of or use the trailer.

1. Definitions

“Authorised Driver” means the Hirer and any additional driver approved by Brucey’s Trailer Hire who is appropriately licensed and legally entitled to operate the towing vehicle.

“Trailer” means the trailer identified in the booking together with all equipment supplied with it, including where applicable ramps, jockey wheels, spare wheels, straps, chains, shackles, locks, keys, electrical adapters, brake controllers and other accessories.

“Hire Period” means the period commencing at the booked pickup time or when you take possession of the Trailer, whichever occurs first, and ending when the Trailer has been properly returned to the agreed return location and secured in accordance with our return instructions.

A post-hire inspection may occur after the Hire Period has ended. You remain responsible for loss or damage occurring during the Hire Period even if it is identified during a later inspection.

“Charges” means amounts reasonably payable under this Agreement, including the agreed hire charge, approved extensions, late-return charges, reasonable cleaning charges, missing-equipment charges and amounts payable for loss or damage for which you are responsible.

“Fair Wear and Tear” means deterioration arising from ordinary and reasonable use of the Trailer and does not include collision damage, impact damage, overloading, misuse, negligence, tyre damage caused by misuse or damage to equipment.

2. Ownership

The Trailer remains the property of Brucey’s Trailer Hire or the lawful owner at all times.

Nothing in this Agreement gives you any ownership interest in the Trailer.

You must not sell, dispose of, pledge, encumber, sub-hire or otherwise deal with the Trailer as if you own it.

3. Hirer and Driver Requirements

The person making the booking is responsible for complying with this Agreement.

You must ensure that:

• you are at least 18 years old;

• each person towing the Trailer holds a current licence that legally permits them to operate the towing vehicle;

• all information supplied during the booking is accurate and complete;

• the towing vehicle is registered, roadworthy and suitable for the Trailer;

• the towing vehicle, towbar, towball, coupling and electrical system have sufficient legal and manufacturer-rated capacity;

• an appropriate functioning brake controller is used whenever legally or technically required;

• the Trailer is used only for its intended purpose; and

• all applicable road, towing and load-restraint laws are followed.

You remain responsible for compliance with this Agreement where you allow another Authorised Driver to tow or use the Trailer.

The Trailer must not be given to or used by an unauthorised third party.

4. Towing Vehicle and Weight Limits

It is your responsibility to ensure that the towing combination is legal and suitable.

You must not exceed any applicable:

• Trailer ATM or GTM;

• axle capacity;

• tyre load rating;

• coupling capacity;

• towbar capacity;

• towball download limit;

• vehicle towing capacity;

• vehicle GVM; or

• vehicle GCM.

The loaded weight of the Trailer, including the weight of any vehicle, machinery, goods or equipment loaded onto it, must be taken into account.

Brucey’s Trailer Hire may request the make, model and registration number of the towing vehicle.

We may refuse to release the Trailer where we reasonably believe the towing vehicle, towbar, coupling or proposed use is unsafe, unsuitable or unlawful.

5. Electric Brakes and Brake Controller

Where the Trailer is fitted with electric brakes requiring a brake controller, a suitable functioning controller must be used.

Where Brucey’s Trailer Hire supplies a portable brake controller or related equipment, you must:

• install and use it in accordance with the supplied instructions;

• ensure it is connected and operating before travelling;

• not modify, bypass or interfere with it; and

• return it with the Trailer.

You must not continue towing if you know or reasonably suspect that a legally required braking system is not functioning correctly.

6. Booking and Hire Period

The booking confirmation specifies the agreed pickup and return times.

The Trailer must be returned by the agreed return time.

An extension is not confirmed unless approved by Brucey’s Trailer Hire.

Keeping the Trailer beyond the agreed Hire Period without approval may result in additional hire charges.

Any late-return charge will reflect the additional hire period and any reasonable additional loss directly caused by the late return.

You must contact us as soon as reasonably practicable if circumstances prevent you from returning the Trailer on time.

For extensions or delays, contact:

Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

7. Contactless and Self-Service Pickup

Brucey’s Trailer Hire may provide self-service or contactless pickup.

You may be required to complete certain steps before access to the Trailer is provided, including:

• identity verification;

• acceptance or signing of this Agreement;

• payment;

• supplying towing-vehicle details;

• completing pickup questions;

• uploading photographs; and

• acknowledging safety or operating instructions.

Any PIN, lock code or access credential supplied to you is confidential and must not be shared with an unauthorised person.

You must properly secure any gate, lock, key box, Trailer lock or other access equipment after use where instructed.

8. Pickup Inspection

You must carry out a reasonable visual inspection before towing the Trailer.

You should check, where applicable:

• tyres and wheels;

• coupling;

• safety chains;

• trailer plug and lights;

• brake connection;

• jockey wheel;

• guards;

• ramps;

• deck;

• gates;

• tie-down points; and

• supplied accessories.

You must report any obvious damage, missing equipment or apparent safety issue before departure where reasonably practicable.

Pickup photographs and the Lockii condition report may be used to record the condition of the Trailer.

Your acceptance of the Trailer does not make you responsible for:

• pre-existing damage;

• Fair Wear and Tear;

• latent or hidden defects;

• mechanical defects that could not reasonably be identified during a normal visual inspection; or

• faults not caused or contributed to by you.

9. Loading and Load Restraint

You are responsible for safely loading and securing anything carried on the Trailer.

Loads must be:

• within all applicable weight limits;

• properly positioned and distributed;

• secured with suitable and appropriately rated restraint equipment; and

• prevented from moving, falling or becoming unsafe.

Where transporting a vehicle, machinery or other substantial load, appropriate rated restraints must be used.

You should re-check restraints after beginning your journey and periodically during transport.

Brucey’s Trailer Hire is not responsible for choosing how you secure your particular load unless we have expressly agreed to provide that service.

10. Permitted Use

The Trailer may only be used:

• for a lawful purpose;

• within its designed and rated capacity;

• with an appropriate towing vehicle;

• by an Authorised Driver; and

• in a manner reasonably consistent with normal trailer use.

You must drive appropriately for the road, traffic and weather conditions.

11. Prohibited Use

You must not:

• overload the Trailer;

• knowingly exceed any vehicle or Trailer weight limit;

• tow the Trailer with an unsuitable vehicle or towing system;

• use the Trailer for racing, speed testing, competition or stunts;

• use the Trailer for any unlawful activity;

• tow while affected by alcohol, illegal drugs or another substance that makes driving unlawful or unsafe;

• deliberately or recklessly damage the Trailer;

• modify, dismantle or alter the Trailer without our approval;

• disconnect, remove, damage or interfere with GPS or security equipment;

• sub-hire or re-rent the Trailer;

• abandon the Trailer;

• continue using the Trailer after becoming aware of a serious safety defect;

• carry prohibited or dangerous substances in a manner inconsistent with applicable law; or

• take the Trailer outside Australia.

Beach use, water crossings, severe off-road use or use on tracks clearly unsuitable for a road trailer is prohibited unless Brucey’s Trailer Hire has given prior approval.

Reasonable use on ordinary unsealed access roads is permitted where appropriate for the Trailer and conditions.

12. Responsibility for Damage

You are responsible for loss of or damage to the Trailer occurring during the Hire Period to the extent that the loss or damage was caused or contributed to by:

• your use or operation of the Trailer;

• collision or impact;

• incorrect loading or load restraint;

• overloading;

• misuse;

• negligence;

• deliberate or reckless conduct;

• failure to comply with this Agreement; or

• an act or omission of a person to whom you gave possession or control of the Trailer.

You are not responsible for damage arising solely from:

• documented pre-existing damage;

• Fair Wear and Tear;

• an inherent or pre-existing defect;

• ordinary mechanical failure not caused or contributed to by you; or

• events occurring after the Trailer has been properly returned and secured, except where the damage resulted from something that occurred during the Hire Period.

13. Standard Damage Liability

Subject to this Agreement, your contractual liability for accidental damage to the Trailer during authorised use is limited to a maximum of:

$2,000 per incident

This limit applies to damage for which you would otherwise be responsible under this Agreement.

The liability limit may not apply where the loss or damage results from:

• deliberate or reckless conduct;

• fraud or materially false information;

• theft or attempted theft;

• abandonment;

• overloading;

• use by an unlicensed driver;

• use while affected by alcohol or illegal drugs;

• knowingly using an unsuitable towing vehicle;

• serious failure to secure a load;

• unauthorised modification or interference with the Trailer;

• intentionally disabling safety, brake, tracking or security equipment; or

• continuing to operate the Trailer after becoming aware of a serious safety issue where continued use materially contributes to the damage.

Where an exclusion applies, you may be responsible for the reasonable cost of loss or damage caused by that conduct, subject to applicable law.

The $2,000 amount is a contractual damage-liability limit and should not be understood as an insurance policy unless Brucey’s Trailer Hire expressly states otherwise.

14. Theft, Loss or Failure to Return

You must take reasonable precautions to protect the Trailer from theft.

Where supplied, security locks or devices should be used whenever reasonably practicable while the Trailer is unattended.

You must notify Brucey’s Trailer Hire as soon as reasonably practicable if the Trailer:

• is stolen;

• is subject to attempted theft;

• cannot be located;

• is unlawfully taken by another person; or

• cannot be returned.

Theft or attempted theft must also be reported to police as soon as reasonably practicable.

Subject to this Agreement, your contractual liability for theft or total loss is limited to:

$3,800 per incident

provided you have taken reasonable security precautions and complied with the reporting requirements of this Agreement.

The $3,800 limitation may not apply where the loss results from fraud, deliberate conduct, abandonment, knowingly giving the Trailer to an unauthorised person or a serious failure to take reasonable precautions to secure the Trailer.

For theft, loss or urgent recovery matters, contact Brucey’s Trailer Hire immediately:

Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

15. Accidents and Incidents

If an accident or significant incident occurs, you must:

• stop using the Trailer where continued use may be unsafe;

• obtain emergency assistance where necessary;

• comply with any legal obligation to report the incident;

• obtain the details of other involved parties where appropriate;

• take photographs where safe and reasonably practicable;

• obtain witness details where reasonably practicable; and

• notify Brucey’s Trailer Hire as soon as reasonably practicable.

You must reasonably cooperate with any legitimate investigation of the incident.

You must not make an admission of liability on behalf of Brucey’s Trailer Hire.

For accidents, damage or urgent incidents:

Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

16. Breakdown or Mechanical Failure

If a significant fault develops, you must stop using the Trailer where continued operation may be unsafe and contact Brucey’s Trailer Hire.

You must not arrange substantial repairs without our approval unless immediate action is reasonably required to protect a person or property.

Where the problem results from an ordinary mechanical failure not caused or contributed to by you, Brucey’s Trailer Hire will, as appropriate in the circumstances:

• arrange assistance;

• provide a replacement Trailer where reasonably available; or

• refund the unused affected portion of the hire.

Where the breakdown or recovery is caused by overloading, collision, misuse, negligence or another breach of this Agreement, you may be responsible for reasonable recovery and repair costs attributable to that conduct.

Nothing in this clause limits any right or remedy you may have under the Australian Consumer Law.

For breakdown assistance:

Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

17. Tyres and Wheels

Normal tyre wear is not chargeable to you.

You may be responsible for tyre or wheel damage caused or contributed to by:

• striking a kerb or object;

• misuse;

• overloading;

• knowingly continuing to drive on a flat or seriously damaged tyre;

• deliberate damage; or

• negligent operation.

A puncture or tyre failure will not automatically be charged to you. Responsibility will be assessed according to the circumstances and likely cause.

18. Supplied Equipment and Accessories

Any accessories supplied with the Trailer remain the property of Brucey’s Trailer Hire.

This may include:

• ramps;

• straps;

• chains;

• shackles;

• locks;

• keys;

• brake controllers;

• electrical adapters;

• jockey wheels;

• spare-wheel equipment; and

• any other equipment recorded in the booking or pickup report.

You must return all supplied equipment.

Where an item is lost or damaged due to your acts or omissions, you may be charged the reasonable repair or replacement cost.

19. Cleaning and Contamination

Normal dirt arising from ordinary use will not attract a cleaning fee.

A reasonable cleaning charge may apply if the Trailer is returned requiring substantial additional cleaning because of matters such as:

• excessive mud;

• grease or oil;

• concrete;

• paint;

• chemicals;

• rubbish;

• animal waste; or

• other significant contamination.

Any cleaning charge will reasonably reflect the additional work or professional cleaning required.

20. Return Procedure

You must return the Trailer to the agreed return location by the agreed time.

For self-service returns, you must follow the Lockii return instructions, which may include:

• parking the Trailer in the nominated location;

• uploading return-condition photographs;

• returning accessories;

• fitting supplied locks;

• securing the coupling;

• returning keys or access devices; and

• confirming completion of the return through Lockii.

You are encouraged to retain your own photographs of the Trailer at return.

Once the Trailer has been properly returned and secured in accordance with our instructions, you are not responsible for events subsequently occurring to it unless those events arise from damage, loss or conduct occurring during your Hire Period.

21. Post-Hire Inspection and Damage Claims

Brucey’s Trailer Hire may inspect the Trailer after return.

The fact that damage is discovered after return does not, by itself, establish that you caused it.

Where we believe you are responsible for loss or damage, we will provide reasonable supporting information where available, which may include:

• pickup and return photographs;

• condition reports;

• details of the damage;

• repair quotations, invoices or reasonable estimates;

• replacement costs;

• relevant GPS or access records; and

• an explanation of why responsibility is attributed to you.

You will be given a reasonable opportunity to raise a genuine dispute about an unforeseen post-hire charge before it is processed where reasonably practicable.

Questions or disputes concerning a damage claim may be directed to:

Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

22. Loss of Use

Where damage for which you are responsible prevents the Trailer from being hired, Brucey’s Trailer Hire may seek compensation for reasonable and substantiated loss of rental income where that loss was directly caused by the damage and is legally recoverable.

Loss of use is not an automatic fixed charge and will not be claimed for a period longer than is reasonably required for repair or replacement.

23. Payment

You authorise Brucey’s Trailer Hire and its payment provider to process:

• the agreed hire charge;

• approved extensions;

• charges for additional services requested by you; and

• other amounts properly payable under this Agreement.

Additional post-hire amounts may include reasonable charges for:

• damage;

• missing equipment;

• excessive cleaning;

• late return;

• recovery; and

• other loss for which you are responsible under this Agreement.

We will not treat this Agreement as authority to impose arbitrary or unlimited charges.

Where reasonably practicable, supporting information will be provided before an unforeseen additional charge is processed.

24. No Security Deposit

Unless expressly shown otherwise for a particular booking, Brucey’s Trailer Hire does not require a general security deposit.

The absence of a security deposit does not remove your responsibility for amounts properly payable under this Agreement.

25. Fines, Tolls and Legal Violations

You are responsible for fines, tolls, penalties and similar charges arising from your use of the Trailer where the law permits those amounts to be passed on to you.

Where Brucey’s Trailer Hire receives a notice relating to your Hire Period, we may:

• nominate or identify you to the relevant authority where permitted or required;

• provide information reasonably required to process the notice; or

• recover an amount we were legally required to pay because of your use.

Any administration fee must reasonably reflect the administrative work involved.

26. GPS Tracking and Security Systems

The Trailer may contain GPS tracking, telematics or other security technology.

These systems may be used for legitimate purposes including:

• theft prevention and recovery;

• locating overdue Trailers;

• fleet management;

• maintenance;

• investigating suspected unauthorised use;

• confirming return location; and

• protecting Brucey’s Trailer Hire’s property.

You must not remove, disconnect, shield, damage, interfere with or intentionally disable tracking or security equipment.

Personal information generated through these systems will be handled in accordance with our Privacy Policy and applicable law.

27. Personal Property and Goods Carried

You are responsible for any vehicle, machinery, goods or personal property placed on or in the Trailer.

Brucey’s Trailer Hire does not take possession of or accept responsibility for your cargo merely because it is carried on the Trailer.

To the extent permitted by law, we are not responsible for loss of or damage to your property except to the extent the loss was caused by our breach of a legal obligation that cannot lawfully be excluded.

28. Insurance

Unless expressly stated otherwise, the hire price does not provide insurance for:

• your towing vehicle;

• any vehicle, machinery or goods being transported;

• your personal property; or

• your liability to third parties.

You are responsible for determining whether your own insurance provides appropriate cover for towing and use of a hired trailer.

Any insurance held by Brucey’s Trailer Hire does not automatically provide insurance coverage to you or remove your contractual responsibilities under this Agreement.

The damage and theft liability limits stated in this Agreement are contractual liability limits and are not representations that you hold an insurance policy.

29. Recovery and Repossession

Brucey’s Trailer Hire may take reasonable steps to recover the Trailer where it:

• has not been returned when required;

• has been abandoned;

• is being unlawfully used;

• is at material risk of loss or damage; or

• remains in your possession following a serious breach of this Agreement.

Where recovery is reasonably necessary because of your breach of this Agreement, you may be responsible for reasonable recovery costs directly resulting from that breach.

Nothing in this Agreement authorises Brucey’s Trailer Hire to unlawfully enter private property or otherwise recover the Trailer contrary to applicable law.

30. Personal Information

We may collect personal information reasonably necessary to manage the rental, including:

• your name;

• contact details;

• driver licence information;

• towing-vehicle details;

• booking information;

• payment information;

• pickup and return photographs;

• communications with you; and

• Trailer location information.

This information may be used for legitimate purposes including identification, booking administration, fraud prevention, Trailer recovery, investigating incidents, enforcing this Agreement and complying with legal obligations.

Further information is contained in the Brucey’s Trailer Hire Privacy Policy.

Privacy-related enquiries may be directed to:

Brucey’s Trailer Hire
ABN: 20 907 279 699
Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

31. Booking Communications

By providing your phone number or email address, you agree that we may send communications reasonably required to administer your booking, including:

• booking confirmations;

• payment information;

• pickup instructions;

• access codes;

• return instructions;

• reminders;

• extension information;

• overdue notices; and

• communications concerning an accident, damage or another issue with the booking.

These operational communications are separate from optional marketing communications.

Brucey’s Trailer Hire Contact Details

Business: Brucey’s Trailer Hire
ABN: 20 907 279 699
Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

32. Cancellation

Cancellation of a booking is governed by the Brucey’s Trailer Hire Cancellation Policy displayed during checkout.

Nothing in this Agreement limits any right to a refund or other remedy that you have under the Australian Consumer Law.

For cancellation or rescheduling enquiries:

Mobile: 0456 410 336
Email: lucasbruce095@gmail.com

33. Consumer Guarantees

Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

Where legislation gives you rights that cannot legally be excluded by agreement, those rights continue to apply despite anything contained in these Terms.

34. Limitation of Liability

To the extent permitted by law, Brucey’s Trailer Hire is not liable for indirect or consequential losses arising from circumstances outside our reasonable control.

Nothing in this Agreement excludes or limits liability where doing so would be unlawful, including liability arising under applicable consumer guarantees.

Nothing in this clause removes our responsibility to provide the Trailer with the standard of care and quality required by law.

35. Hirer Liability to Third Parties

You are responsible for your own acts and omissions and those of persons to whom you give control of the Trailer.

Where your negligent, unlawful or unauthorised use of the Trailer causes Brucey’s Trailer Hire to incur liability to another person, you may be responsible for the reasonable loss arising from your conduct to the extent permitted by law.

This clause does not make you responsible for loss caused by Brucey’s Trailer Hire or for liability that cannot lawfully be transferred to you.

36. Default

You may be considered in breach of this Agreement if you:

• fail to return the Trailer;

• fail to pay an amount properly due;

• materially misuse the Trailer;

• provide materially false information;

• unlawfully transfer possession of the Trailer;

• intentionally interfere with security or tracking equipment; or

• otherwise seriously breach this Agreement.

Where a serious breach occurs, Brucey’s Trailer Hire may terminate the hire and require return of the Trailer.

Any action taken in response to a breach must be reasonable and permitted by law.

37. Electronic Records

You agree that electronic records may form part of this Agreement and may be used as evidence of the rental transaction.

These records may include:

• electronic signatures;

• acceptance checkboxes;

• Lockii booking records;

• photographs and videos;

• pickup and return reports;

• access records;

• GPS information;

• emails;

• text messages; and

• electronic payment records.

38. Severability

If a provision of this Agreement is found to be invalid or unenforceable, that provision will be treated as severed or limited to the extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.

39. Entire Agreement

This Agreement, together with the booking details and any policies or additional conditions expressly incorporated into the booking, constitutes the agreement between you and Brucey’s Trailer Hire concerning the rental.

Any variation must be agreed by Brucey’s Trailer Hire.

A failure to immediately enforce a provision does not necessarily waive the right to enforce it later.

40. Governing Law

This Agreement is governed by the laws of Victoria, Australia.

The parties retain their rights to bring a matter before any court, tribunal or dispute-resolution body having jurisdiction.

41. Acceptance

By accepting these Terms, signing electronically or taking possession of the Trailer, you confirm that:

• you have had a reasonable opportunity to read the Agreement;

• you agree to comply with its conditions;

• the information you supplied is accurate;

• you will ensure the Trailer is used within applicable limits;

• you will ensure the towing vehicle is suitable;

• you will properly secure any load;

• you consent to the use of electronic records described above; and

• you authorise Brucey’s Trailer Hire to process amounts properly payable under this Agreement.

Contact

Brucey’s Trailer Hire
ABN: 20 907 279 699
Victoria, Australia
Mobile: 0456 410 336
Email: lucasbruce095@gmail.com