TRAILER HIRE AGREEMENT (VICTORIA, AUSTRALIA)

1. Definitions. "Agreement" means all terms and conditions found on this form page, the Hire Schedule, and any other documents you sign or that we provide you at the time of hire. "You" or "your" means the person identified as the hirer or additional hirer on this form, all Authorised Drivers, and any person or organisation to whom charges are billed by us at its or the hirer's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the business hiring the Trailer to you. "Authorised Driver" means you and any additional driver listed by us on this Agreement. "Trailer" means the non-motorised trailer or dump bin identified in this Agreement and any trailer we substitute for it with your agreement. "Hire Schedule" means the schedule of rates, charges, excess and Trailer details that accompanies and is incorporated into this Agreement. "Loss of Use" means the loss of our right to use the Trailer for any reason because of damage to it or loss of it during this hire, calculated by multiplying the number of days from the date of loss or damage until the Trailer is replaced or repaired by the daily hire rate, but only to the extent of our actual loss. "Diminished Value" means the difference between the market value of the Trailer just prior to damage or loss and the value of the Trailer after its repair; if we elect not to repair the Trailer, "Diminished Value" means the difference between the market value of the Trailer just prior to damage or loss and the salvage or sale value of the Trailer. "GST" means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). "Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth). All amounts are in Australian dollars (A$).

2. Hire, Indemnity and Consumer Guarantees. This is a contract for the hire of the Trailer. We may repossess the Trailer at your expense, without notice to you, without committing a breach of the peace, and only as permitted by applicable law, if the Trailer is abandoned or used in breach of law or this Agreement. You agree to indemnify us against claims, liability, loss, costs and reasonable legal costs to the extent they arise out of or relate to your use, operation, possession or return of the Trailer or your breach of this Agreement, except to the extent caused by our own negligence, default or wilful misconduct, or to the extent the indemnity would be void or unenforceable under the Australian Consumer Law (including the unfair contract terms provisions) or other applicable law. Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent the Trailer or any service we supply is not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the Australian Consumer Law) is limited, at our option, to: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or acquiring equivalent goods; (d) paying the cost of having the goods repaired; or, for a service, to resupplying the service or paying the cost of having the service resupplied.

3. Condition and Return of Trailer. You must return the Trailer to the place and on the date and time specified in this Agreement, and in the same condition that you received it, except for fair wear and tear. If the Trailer is returned after closing hours, you remain responsible for the safety of, and any damage to, the Trailer until we inspect it upon our next opening for business. Service to the Trailer or replacement of parts or accessories during the hire must have our prior approval.

4. Responsibility for Damage or Loss; Reporting. You are responsible for damage to, or loss or theft of, the Trailer that occurs while it is in your possession or control, other than fair wear and tear and other than to the extent the damage, loss or theft is caused by our negligence or default. Where we hold insurance that responds to the damage or loss, your liability is limited to the excess amount shown in the Hire Schedule, except that you are responsible for the full cost of repair (or the market value of the Trailer if it is not repairable or if we reasonably elect not to repair it) where the insurer declines cover because of your breach of this Agreement, a prohibited use, an inadequately secured load, or the use of the Trailer by a person who is not an Authorised Driver. Where we do not hold insurance that responds, you are responsible for the reasonable cost of repair or, if not repairable, the market value of the Trailer. You are also responsible for Loss of Use (to the extent of our actual loss), Diminished Value, missing equipment, and a reasonable charge to cover our administrative costs connected with any damage claim. You must report all accidents involving the Trailer to us within 24 hours of occurrence, and to the police where required by law or where we reasonably request.

5. Prohibited Uses. The following uses of the Trailer are prohibited: (a) transporting dangerous or hazardous items or illegal material; (b) transporting living persons or animals in or on the Trailer; (c) towing the Trailer by anyone under the influence of drugs or alcohol or otherwise in breach of the road law; (d) allowing the Trailer to be towed by anyone who is not a hirer or an Authorised Driver; (e) any use of the Trailer by anyone who obtained the Trailer or extended the hire period by giving us false, fraudulent or misleading information; (f) use of the Trailer in furtherance of any illegal purpose or in a manner that would constitute an offence, other than a minor traffic infringement; (g) use of the Trailer outside Victoria without our prior written consent, and in no case outside the Commonwealth of Australia; (h) use of the Trailer when loaded beyond its rated capacity or Aggregate Trailer Mass (ATM), as determined by the manufacturer of the Trailer; (i) towing the Trailer through or under any structure without sufficient overhead or side clearance; (j) use of the Trailer when it is reasonable to expect you to know that further operation would damage the Trailer; (k) using the Trailer in a manner that causes damage to it due to inadequately secured or unrestrained cargo; (l) damaging the Trailer by your intentional, reckless or negligent conduct; and (m) placing signs, lettering or paint on the Trailer.

6. Insurance and Excess. We may maintain insurance on the Trailer, subject to a per-occurrence excess, the amount of which is shown in the Hire Schedule. You are responsible for damage to the Trailer up to the excess amount, subject to clause 4. Any insurance we hold does not extend to the contents of the Trailer. Compulsory third party (CTP) cover for personal injury is provided through the Transport Accident Charge included in the registration of the towing vehicle. You must ensure that the vehicle used to tow the Trailer is currently registered (including CTP/Transport Accident cover) and roadworthy, that you hold a current insurance policy appropriate to the towing vehicle and its use, and that you provide proof of registration and insurance at or before the time of hire upon our request.

7. Charges. You agree to pay us on demand for all charges due to us under this Agreement, including, but not limited to: (a) hire fees, and distance charges (if applicable), for the period you keep the Trailer; (b) GST and any other applicable taxes or government charges; (c) all tolls (including CityLink and EastLink), traffic, parking and other infringements, fines, penalties, court costs, towing and storage charges and other expenses involving the Trailer that are assessed against us or the Trailer while it is in your possession or control; you authorise us, where an infringement or toll notice is issued to us, to nominate you as the responsible person and to provide your name, address and licence details to the issuing or road authority as permitted by law, and if you fail to pay a toll or infringement charge you will pay us the amount owed plus our reasonable administrative fee not exceeding A$100 for each such charge; (d) all reasonable costs we incur recovering the Trailer if you fail to return it as agreed above; (e) all reasonable costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including legal costs on a full indemnity basis to the extent recoverable at law; (f) a reasonable late payment fee as shown in the Hire Schedule on amounts not paid within ten (10) days after the due date; (g) a reasonable fee not exceeding A$500 to clean the Trailer, if returned substantially less clean than when hired; and (h) interest on any overdue amount at a reasonable rate as shown in the Hire Schedule (and, if none is shown, at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic)), accruing from the due date until paid. Unless otherwise stated, charges are inclusive of GST. We will not refund any hire or distance charges if you return the Trailer earlier than the date or time due in, except to the extent required by the Australian Consumer Law.

8. Variation; Entire Agreement. No term of this Agreement can be waived or varied except by a writing that we have signed. This Agreement, together with the Hire Schedule, constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this hire are merged into this Agreement. Nothing in this clause operates to exclude, restrict or modify the application of the Australian Consumer Law or any liability for misleading or deceptive conduct.

9. Waiver; Limitation of Liability; Severability. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or of the performance of your obligations under this Agreement. Our acceptance of payment from you, or our failure, refusal or neglect to exercise any of our rights under this Agreement, does not constitute a waiver of any other provision of this Agreement. To the maximum extent permitted by law, and subject to the guarantees, rights and remedies conferred by the Australian Consumer Law, you release us from any liability for consequential, special, indirect or punitive loss or damage in connection with this hire or the reservation of a trailer. Nothing in this Agreement excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified, including liability under the consumer guarantees in the Australian Consumer Law and liability for death or personal injury caused by our negligence. Any term of this Agreement that would be an unfair contract term under the Australian Consumer Law does not apply to you to the extent it is unfair. If any provision of this Agreement is void or unenforceable, it is severed and the remaining provisions continue in full force.

10. Authorised Drivers; Licence and Age. Only you and Authorised Drivers listed on this Agreement may tow the Trailer. You and each Authorised Driver must hold a current and valid Australian driver licence (or a recognised overseas licence permitting driving in Victoria), meet our minimum age requirement of [21] years, and present a valid licence at the time of hire. You are responsible for ensuring that every person who tows the Trailer is an Authorised Driver and holds an appropriate licence for the towing vehicle and combined mass.

11. Personal Property; Uncollected Goods. We are not responsible for any personal property left in, on or transported in the Trailer, whether or not we are negligent, except to the extent that responsibility cannot be excluded at law. Any personal property left with us or in the Trailer that is not retrieved may be dealt with as uncollected goods in accordance with Part 4.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

12. Telematics; GPS; Privacy. The Trailer may be fitted with a global positioning system (GPS) or other telematics device. You consent to our use of any such device to locate, recover, monitor and service the Trailer. We collect, hold, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and with our privacy collection notice, which is available on request. You consent to us using and disclosing your personal information as reasonably necessary to give effect to this Agreement, including to insurers, road and toll authorities, and debt-recovery agents.

13. Assignment. You may not assign or transfer this Agreement or any rights under it. We may assign our rights and obligations under this Agreement, provided the assignment does not adversely affect your rights under the Australian Consumer Law.

14. Compliance with Victorian Road and Towing Laws. You must operate and tow the Trailer in compliance with all applicable Victorian road, registration and towing laws, including the Road Safety Act 1986 (Vic) and the Road Safety Road Rules 2017 (Vic). Without limiting the foregoing, you must: (a) use a towing vehicle, tow bar and coupling rated for the Aggregate Trailer Mass of the loaded Trailer, and not exceed the towing vehicle manufacturer's towing limits; (b) fit and cross the safety chain(s) between the Trailer and the towing vehicle; (c) ensure that all lamps, brake lights, indicators, number plate light and reflectors on the Trailer are present, connected and operating and are visible as required by law; (d) ensure that any Trailer with a loaded mass over 750 kg is fitted with an operating braking system, and that any Trailer with a loaded mass over 2,000 kg has brakes operating on all wheels together with a breakaway system that automatically applies the brakes if the Trailer becomes detached; (e) not exceed the legal dimension limits (generally a maximum width of 2.5 m, height of 4.3 m and applicable length and overhang limits) or any posted load, height, mass or speed limits; and (f) keep the Trailer's Victorian registration current and its number plate displayed, unobscured and legible, and ensure the towing vehicle's number plate remains visible. You are responsible for any fines, infringements, penalties or demerit points resulting from your failure to comply.

15. Governing Law; Jurisdiction. This Agreement is governed by the laws of the State of Victoria and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them, and you agree that proceedings may be brought in the courts located in Melbourne, Victoria.

16. Acknowledgment; Electronic Signature. By agreeing to continue (electronic signature), you acknowledge that you have read, understand and agree to this Agreement and the Hire Schedule, that you have received a copy, and that electronic signatures and records are valid and enforceable to the same extent as original signatures and paper records under the Electronic Transactions (Victoria) Act 2000.

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