Terms & Conditions
Bay of Plenty Trailer Hire agrees to provide the Hirer whose signature appears on the contract (or if by organising payment over the phone/internet) with the use of a trailer so long as they comply with the terms and conditions within this agreement by signing the agreement in the declaration or alternatively by viewing these terms and conditions online.
1) The trailer remains at all times the exclusive property of Bay of Plenty Trailer Hire (The Proprietor). The Hirer obtained possession of the trailer by way of bailment and does not acquire any proprietary interest in the trailer.
2) The trailer is acknowledged to be received in good mechanical condition.
3) The Hirer will return the trailer on the date and time stated in the same order and condition received.
4) The trailer will not be used to transport and people or animals.
5) The Hirer warrants that he holds a current drivers licence.
6) Retention of the trailer after return date and time will amount to unlawful conversion and without prejudice to other remedies the Propietor may recover overdue time charges at the rate of $25.00 (twenty five dollars) per hour until the actual return of the trailer to the site hired from including all transport costs.
7) The Hirer will pay to the Proprietor:
- The Hirer charges as above
- Any overdue time charges as per above
- The cost of all damage to the trailer, including tyres occurring after delivery to the Hirer and up to the actual return to the Proprietor. This is limited to $400 if the additional waiver was taken at time of hire.
- Payment of any damage and repairs is to be made within 7 days of invoice date unless otherwise agreed in writing by the Proprietor prior to repair taking place.
- Any puncture repair while on hire to the above Hirer.
- The replacement of all tyres, tools, parts, fittings, equipment and accessories lost or stolen from the trailer.
8) Any bookings made via phone or internet that have involved payments in advance prior to trailer being picked up, require minimum 24 hours notice cancellation period else the Proprietor has the right to incur cancellation charges. If the trailer can not be re booked out due to late cancellation or no collection from the Hirer, then no refund will be issued.
9) In the event of an accident the Hirer will report same in writing immediately to the Proprietor and deliver forthwith on receipt a copy of every writ, summons or other process served on him or the driver and co-operate fully with the proprietor and the Proprietors insurers, in the investigation, prosecution or defence of any claim made.
10) The Hirer agrees that all damage repairs will be repaired by Prescott Trailers and be billed directly to the Hirer. No repairs are to be done to the trailer unless the Hirer has written approval from the Proprietor. Liability for damage / repairs will be limited to $400 if the additional waiver was taken out at time of hire and no terms or conditions have been breached.
11) The Hirer is aware of the load capacity and agrees not to overload the trailer and to return it in a clean and tidy condition.
12) The Hirer is aware of the towing capacity and agrees not to exceed this capacity.
13) The Hirer warrants that his own vehicle is and will be road worthy at all relevant times.
14) The Proprietor will not be liable for any loss or damage of any kind whatsoever whether suffered or incurred to the Proprietor or third parties whether such loss of damage arises directly from the hire of this trailer. The waiver of liability limits the Hirers liability to $400 for any damage to the trailer (excluding theft of the trailer or any of its parts) if the waiver of liability was paid at the time of hire. The Hirer accepts full liability of all damage to their own vehicle or any consequential loss or damage to a third party arising from the hire of this trailer.
15) The Hirer agrees that at all times the trailer while being hired remain in his / her possession and shall be securely stored at his / her premises while not in use with wheel lock provided.
16) The Proprietor shall be entitled on the occurrence of one or more of the following events to terminate this agreement by any notice in writing to the Hirer and may, irrespective of whether it has already terminated the Agreement immediately enter upon the property of the Hirer and all payments made of which should have been made prior to date of termination (including any deposit) without prejudice to any other remedy it may have in respect of any breach of the Agreement in the part of the Hirer. The events are:
- If the Hirer breaches any obligation contained or implied in this Agreement.
- If distress or execution is levied or attempted to be levied upon the trailer/s.
- If at any time any judgement of any Court against the Hirer remains unsatisfied.
- If any charge or lien is unlawfully claimed over the trailer.
- If the Hirer commits or suffers an act of bankruptcy or if a company becomes insolvent.
- If a receiver is appointed in respect of the assets of the Hirer.
17) The Hirer will pay all debt recovery charges including legal and collection costs incurred by the Proprietor in the recovery of any debt owed to the Proprietor including 19.5% interest per annum (calculated daily) on all overdue accounts
18) The Proprietor is not liable of any damage, costs, claims or losses incurred by the Hirer or any third party except as a result of the Proprietors own negligence or wilful default. The Hirer hereby indemnifies the Proprietor against any losses, claims, expenses, damage or costs incurred by the Proprietors as a result os any act or omission of the Hirer, regardless of fault during the term of this Agreement.
19) If neither the full liability box nor the Insurance Excess waiver box has been ticked and paid for at the time of hire, this Agreement automatically becomes one of Full Liability. If both the Full Liability and the Insurance Excess Waiver box are ticked The Agreement automatically becomes one of Full Liability.