Terms & Conditions

Recitals: This agreement outlines the terms and conditions of vehicle hire, where We hire out trucks, vans or trailers to customers for their use. As a business We must abide by various laws and regulations and by extension, this agreement requires that You also comply with all applicable laws. This agreement also helps maximise the safety of our customers and the safety and security of the vehicle, trailer and equipment.

1. Definitions and Interpretation

In this Agreement:

1.1 Definitions
Account means Your account with Us in respect of this Agreement.
Agreement means this vehicle/trailer hire agreement, including the Schedule, the Privacy Policy and the Privacy Collection Statement.
Additional Driver means the additional driver specified in the Schedule.
Additional Driver Fee means the fee in respect of the Additional Driver, specified in the Details.
Approved Drivers means, collectively, the Primary Driver and the Additional Driver.
Associate means Your Approved Drivers or any other person acting on Your behalf or upon Your direction.
Cleaning Fee means the cleaning fee specified in the Details.
Details means the Vehicle and/or Trailer Hire Details document attached to the Schedule.
Equipment means the equipment (if applicable) specified in the Details.
Equipment Fee means the Equipment hire fee specified in the Details.
Facility means the self storage facility location specified in the Schedule and comprised of the premises owned or controlled by Us, including the land, buildings and any fixture.
Fees means, collectively, the fees described in clause 7.
GST means any goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Hire Fee means the Vehicle and/or Trailer hire fee as specified in the Details.
Hire Period means the hire period specified in the Details, commencing on the date specified in the Details and ending upon the return of the Vehicle and/or Trailer and/or Equipment to the Facility (or as otherwise agreed by the parties in writing).
Indemnified Party means Us and Our directors, employees, contractors, subcontractors and agents.
Insurance Excess Amount means the insurance excess amount specified in the Details.
Insurance Fee means the insurance fee specified in the Details.
Late Payment Fee – means the late payment fee and accrual specified in the Details.
Late Return Fee means the fee specified in the Details.
Other Fees includes any of the fees (whether for administration of Your Account, cleaning, pest control or emergency or security service call-out caused by You or Your Associate) set out in the Schedule, Default Action Costs and/ or any other fees reflecting Our incurred costs that We determine are chargeable to You and of which We advise You in writing.
Personal Information means information or an opinion (including information or an opinion forming part of a database) that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion or as otherwise defined in the Privacy Act 1988 (Cth).
Primary Driver means the primary driver specified in the Schedule.
Privacy Policy means Our Privacy Policy published Our website and/or displayed at Our place of business.
Privacy Collection Statement means Our Privacy Collection Statement as published on Our website and/or displayed at Our place of business.
Schedule means the schedule to this Australian Vehicle/Trailer Hire Agreement containing Your and Our details, among other things.
Security Deposit means the security deposit specified in the Details.
StorerCheck means the database set out at https://storercheck.com.au/ (or such other URL as may be advised by Self Storage Association of Australasia on its website from time to time).
Trailer means the trailer specified in the Details.
Vehicle means the vehicle specified in the Details.
We or Us means the person specified in the Schedule as the Facility’s operator (or any of Our successors or assigns).
You means the person (which may be one or more persons, as applicable, and may include a natural person, body corporate (and if so, each person acting with the actual or apparent authority in respect of that body corporate), partnership or trust) specified in the Schedule as the hirer. Where You specify two or more legal persons in the Schedule as the hirer, each of those persons is jointly and severally liable as a party under this Agreement.

1.2 Interpretation
(a) the singular includes the plural and vice versa;
(b) the meaning of general words is not limited by specific examples introduced by words like ‘including’, ‘for example’, ‘such as’ or similar expressions;
(c) a reference to any document, policy or legislation includes all amendments, consolidations or replacements (and all regulations or instruments issued under it, if any);
(d) time limits under this Agreement (including any notice issued under this Agreement) must be strictly complied with by all parties;
(e) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in the city in which the Facility is located;
(f) neither this agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting; and
(g) each party will exercise reasonably any powers (including discretion, opinion or belief) conferred on it under this Agreement.
2. Hire and Term
(a) We hire the Vehicle and/or Trailer and/or the Equipment to You on the terms and conditions set out in this Agreement for the duration of the Hire Period.
(b) The term of this Agreement will be the Hire Period (inclusive of times), unless the Agreement is terminated earlier in accordance with clause 13 (Termination).
(c) You must return the Vehicle and/or Trailer and/or the Equipment to Us prior to the expiry of the Hire Period.
(d) If You don’t return the Vehicle and/or Trailer and/or the Equipment to the Facility prior to the expiry of the Hire Period, We reserve the right to report You to the police immediately.

3. Your Obligations
You:
(a) take possession of the Vehicle and/or Trailer and/or the Equipment as a bailee and are liable for all damage to, or loss in respect of, the Vehicle and/or Trailer and/or the Equipment during the Hire Period, unless otherwise stated in this Agreement;
(b) must not offer or purport to sell, assign, let, hire, sub-let, lend, pledge, mortgage or allow any other form of encumbrance to arise in respect of the Vehicle and/or Trailer and/or the Equipment or otherwise part with, or attempt to part with, personal possession of the Vehicle and/or Trailer and/or the Equipment;
(c) must not conduct business, reside, sleep, loiter, party, cause nuisance or undertake any other activity in the Vehicle and/or Trailer and/or with the Equipment;
(d) must comply, and procure that each Approved Driver is aware of and complies, with the terms of this Agreement and with all relevant laws applicable to the use of the Vehicle and/or Trailer and/or the Equipment, including traffic and road laws and regulations, and any other laws relating to the use of a vehicle and/or trailer;
(e) must take all reasonable care and comply with Our reasonable instructions regarding the Vehicle and/or Trailer and/or the Equipment, including in relation to their operation, maintenance, storage and security, such as keeping the Vehicle and/or Trailer and/or Equipment in good and clean condition and appearance during the Hire Period;
(f) must keep the Vehicle and/or Trailer and/or Equipment dry, free of vermin, mould and/or food scraps;
(g) must notify Us of any actual or threatened damage (exceeding normal wear and tear) to the Vehicle and/or Trailer and/or Equipment immediately, and not later than within 48 hours, after becoming aware of any such damage or threat;
(h) seek Our prior written consent to:
(1) make, or conceal, any addition or alteration to the Vehicle and/or Trailer and/or the Equipment; or
(2) remove, or allow to be removed, the Vehicle and/or Trailer and/or the Equipment from the State of Territory in which it is hired; and
(i) must return the Vehicle and/or Trailer and/or the Equipment in clean condition and good repair.

4. Our Obligations
We:
(a) will supply the Vehicle and/or Trailer and/or the Equipment in a safe and, as required, roadworthy condition; and
(b) are responsible for all costs of using the Vehicle and/or Trailer and/or the Equipment during the Hire Period (including repair costs of any mechanical problems not caused by Your use of the Vehicle and/or Trailer and/or the Equipment), except to the extent that these costs are payable by You under the terms of this Agreement, and subject to clause 12 (Risk and Liability).

5. Your Warranties
You warrant that:
(a) each Approved Driver holds a current driver licence which is appropriate for the Vehicle and/or Trailer;
(b) prior to You entering into this Agreement, You have raised all queries relevant to Your decision to enter this Agreement and that We have answered all such queries to Your satisfaction, and any matters resulting from such queries have, to the extent agreed by the parties, been recorded as Special Conditions and incorporated into the terms of this Agreement; and
(c) You have the right to disclose information to Us about each Approved Driver (including their Personal Information) and prior consent of the relevant persons for such information to be used by Us in the same way as We would use Your Personal Information in connection with this Agreement.

6. Your Acknowledgments
You acknowledge and agree that:
(a) We retain sole title to or an appropriate proprietary interest such as a lease in the Vehicle and/or Trailer and/or the Equipment at all times;
(b) prior to or at the commencement of the Hire Period:
(1) each Approved Driver has an opportunity to be shown how to properly use the Vehicle and/or Trailer and/or the Equipment;
(2) each Approved Driver has inspected the Vehicle and/or Trailer to identify any pre-existing damage to the Vehicle and/or Trailer and the parties have recorded such pre-existing damage in the Details;
(3) the particulars of the Vehicle and/or Trailer in the Details are correct in every material respect;
(4) unless You have obtained Our prior approval to Your own insurance arrangements, insurance cover for the Hire Period is provided by Us in accordance with this Agreement;
(c) We may install certain devices (such as GPS tracking and/or anti-theft devices) to ensure the security of the Vehicle and/or Trailer (Security Devices) and You must not, and must procure that the Approved Drivers do not, damage, remove or interfere with the operation of any Security Devices; and
(d) You consent to Us using and/or releasing to third parties any data obtained from Security Devices where reasonably necessary for Us to locate the Vehicle and/or Trailer and/or the Equipment and/or to assess any damage caused to or by the Trailer and/or the Equipment;
(e) the Facility may be under continuous CCTV and audio surveillance; and.
(f) If you breach this Agreement, We may, but are not obliged to, without any liability to You for any loss or damage and without limiting any other rights under this Agreement (including the right of termination) report You to, without limitation, StorerCheck, debt collection agency, credit reporting agency, law enforcement agency or government authority as applicable (subject to Our Privacy Policy and Privacy Collection Statement).

7. Fees
(a) You must pay to Us, using a payment method accepted by Us:
on signing this Agreement:
(1) Security Deposit: a one-off Security Deposit (if any): the parties agree that, subject to the terms of this Agreement, We may apply the Security Deposit to any Fees due and payable to Us by You (Incurred Fees) and where:
(A) the Security Deposit is greater than the Incurred Fees, We must refund to You within 30 days of finalising Your Account any balance remaining after the deduction; or
(B) the Security Deposit is less than the Incurred Fees, We will be entitled to withhold the entire Security Deposit and You will remain liable to Us for any shortfall;
(2) Hire Fee: the Hire Fee for hire of the Vehicle and/or Trailer, as specified in the Details;
(3) Additional Driver Fee: (if applicable), the fee for any Additional Driver for the Vehicle or Trailer; and
(4) Insurance Fee: the Insurance Fee for the insurance policy obtained by Us over the Vehicle and/or Trailer. This fee won’t be payable if You have obtained Our prior approval for Your own insurance arrangements under clause 6(b)(4);
on return of the Vehicle and/or Trailer to Us:
(5) Cleaning Fee: the Cleaning Fee (if any), if We determine acting reasonably that the Vehicle and/or Trailer and/or Equipment requires cleaning when it is returned;
(6) Equipment Fee: the Equipment Fee for any Equipment used during the Hire Period;
(7) Late Return Fee: the Late Return Fee, payable if the Vehicle and/or Trailer is returned after the expiry of the Hire Period;
(8) any cost of repair or replacement of the Vehicle and/or Trailer and/or Equipment if the Vehicle and/or Trailer and/or Equipment is damaged, lost, stolen or destroyed during the Hire Period (including where no accident occurs but excluding fair wear and tear);
(9) any Other Fees specified in the Hire Details (if applicable); and
(10) any reasonable internal or external costs and disbursements incurred by Us in collecting late or unpaid Fees or in enforcing this Agreement in any way.
(b) Duties and Taxes: You must pay any government taxes, charges or duties (including any GST) payable in respect of this Agreement. A valid tax invoice will be provided to You on request and/or issued periodically by Us to You, as the case may be.
(c) Direct Debit: You must identify Your Direct Debit payment clearly and as reasonably directed Us, so it can be correctly credited to Your Account once cleared. If You fail to identify Your payments in accordance with Our directions and Your Account is in arrears as a result, You may incur a Late Payment Fee.
(d) Your Authorisation: You authorise Us to charge all moneys payable by You under this Agreement to Your nominated credit or debit card and pass on to You any payment processing fees charged by Your credit or debit card issuer.

8. Use of Vehicle/Trailer or Equipment
In respect of the Vehicle, Trailer or Equipment, You must:
(a) only use the Trailer where the towing vehicle is roadworthy;
(b) correctly secure or attach the Trailer to the towing vehicle;
(c) ensure that all electrical connections (including signalling and indicators) are working prior to taking possession; and
(d) take all reasonable care in handling (including safely securing all items in the Vehicle and/or Trailer) and parking the Vehicle and/or Trailer, and ensure that the Vehicle and/or Trailer is/are securely locked when not in use;
(e) For the avoidance of doubt, We are not liable to any third party for any improperly secured or attached Trailers, nor for any damage or liability that may arise to any third party or their property or You or Your property because of Your failure to comply with this clause.
(f) not allow any person:
(1) other than the Approved Drivers to drive the Vehicle or tow the Trailer during the Hire Period;
(2) to interfere with the braking or suspension systems of the Vehicle or Trailer;
(g) not use the Trailer, or allow it to be used for the transport of animals or persons;
(h) not use the Vehicle and/or Trailer, or allow it to be used:
(1) for the transport of goods that exceed the maximum weight specified in any applicable recommendation or legal load limits for the Vehicle and/or Trailer;
(2) for the carriage of goods for hire or reward without Our express prior written consent and then only where the appropriate licences have been obtained under any applicable traffic and road laws and regulations;
(3) in circumstances that constitute an offence under any applicable traffic and road laws and regulations (including driving or attempting to drive under the influence of alcohol or drugs); and/or
(4) in breach of any applicable law or of the terms of this Agreement.

9. Damage to Vehicle/Trailer
(a) If, during the Hire Period, the Vehicle and/or Trailer is damaged in any way (no matter how minor) or requires repair or salvage, whether because of an accident, breakdown or otherwise, You must report the full circumstances to Us immediately and in any event, by no later than 48 hours after the relevant damage, preferably by phone, with written confirmation to follow as soon as practical.
(b) You must not arrange or undertake any repairs or salvage without Our express prior written consent (such consent will not be unreasonably withheld or delayed), except to the extent that the repairs or salvage are necessary to prevent further damage to the Vehicle and/or Trailer or other property. You agree to bear the costs of any repairs, modifications or any other work undertaken on the Vehicle and/or Trailer without Our express prior written consent, including any subsequent repair costs incurred due to the unauthorised work.

10. Insurance
(a) For the purposes of this clause, Hire Damage means any of the following that occur during the Hire Period:
(1) damage or loss to the Vehicle and/or Trailer (including its underbody) or its accessories or spare parts;
(2) damage to any property (including injury to any animal) belonging to any other person (including, if the Vehicle and/or Trailer is being driven by the Primary Driver, the Additional Driver, and vice-versa) and arising out of the use of the Vehicle and/or Trailer; or
(3) other reasonable expenses incurred by Us in relation to such damage or loss (including repair costs, towing and salvage costs associated with the recovery of the Trailer and its accessories and spare parts).
(b) If any Hire Damage occurs:
(1) You are liable for the first portion of the Hire Damage up to the amount of the applicable Insurance Excess Amount; and
(2) We will waive any claim We may have against You in respect of the balance of any Hire Damage, unless:
(A) any of the exclusions in sub-clause 10(c) apply; or
(B) You or any of Your Approved Drivers is at fault.
(c) Sub-clause 10(b) will not apply and You will be liable for all Hire Damage, if the Hire Damage arises when:
(1) any of the Approved Drivers is under the influence of alcohol or any drug that affects their ability to drive and causes, or contributes to, the Hire Damage;
(2) during the Hire Period the Vehicle’s and/or Trailer’s condition becomes unsafe or unroadworthy causing or contributing to the Hire Damage, and You or Your Approved Drivers are aware, or ought to be aware, of the unsafe or unroadworthy condition of the Vehicle and/or Trailer;
(3) the Vehicle and/or Trailer is:
(A) driven by any person who is disqualified from holding, or does not hold, a driver’s licence appropriate for the Vehicle or Trailer, or by a person who is not Your Approved Driver;
(B) wilfully or recklessly damaged by You or Your Associate;
(C) lost as a result of Your or Your Associate’s wilful or reckless conduct; or
(D) used after expiry of the Hire Period; or
(4) any of the insurance exclusions specified in the Details apply.

11. Australian Consumer Law
The Australian Consumer Law applies to this Agreement and provides You with rights that are not excluded, restricted or modified by this Agreement. Any provision of this Agreement is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

12. Liability and Risk
(a) Subject to clause 11 (Australian Consumer Law), any applicable law, and the provisions of this clause 12, You:
(1) use the Vehicle and/or Trailer and/or Equipment at Your own risk;
(2) bear the risk of theft of, damage to and deterioration of the Vehicle and/or Trailer and/or Equipment (fair wear and tear excepted);
(3) During the Hire Period, are liable for:
(A) any toll, fine, cost or penalty incurred as a result of the use of the Vehicle and/or Trailer and/or the Equipment; and
(B) any breach of any applicable law in connection with the use of the Vehicle and/or Trailer and/or the Equipment;
(4) must indemnify and hold harmless the Indemnified Party in respect of any loss, damage, or injury (as applicable) to the Vehicle, Trailer, Equipment, Facility, Us, and/or any third party, where such loss, damage, or injury is caused by Your or Your Associate’s wilful misconduct, negligent omission, fraud or criminal conduct; and
(5) release Us from all claims and liability arising from any loss, damage or injury occurring in connection with or arising out of Your use of the Vehicle and/or Trailer and/or the Equipment; and, in any event, if it is determined that We are liable to You, Our liability is capped at:
(A) if the loss, damage or injury relates to Your goods, or other property in the Vehicle and/or Trailer, and/or Equipment, $1000; or
(B) otherwise, the amount which is the greater of:
i. the Hire Fees plus, if applicable, the Equipment Hire Fee You paid Us under this Agreement within 6 months of the date of the event giving rise to the liability; and
ii. $5000.
(b) Clause 12(a) does not apply to the extent We and/or any of our Indemnified Party’s is responsible for any risk, liability, damage, or injury (Damage) or any Damage is caused by any of Our (and/or any of Our Indemnified Party’s) gross negligence, wilful misconduct, fraud or criminal conduct.
(c) We are not liable to You or any third party for any costs or losses incurred by You while any repairs are being carried out to the Trailer and/or the Equipment in accordance with clause 9(b).
(d) Each party shall not be liable under this Agreement for any indirect, consequential, special or incidental loss or damages.
(e) If We enforce our rights under sub-clause 12(a) and the loss or damage is caused by a third party outside of Your control, You may notify Us of these circumstances.
(f) You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.

13. Termination
(a) We may terminate this Agreement immediately upon notice (which may be given at any time) and take immediate possession of the Vehicle and/or Trailer and/or the Equipment if:
(1) You fail to comply with any of the terms of this Agreement; or
(2) the Vehicle and/or Trailer and/or the Equipment is damaged.
(b) In such circumstances, You authorise Us to enter onto any premises where the Vehicle and/or Trailer and/or the Equipment are located in order to retake possession.
(c) Termination of this Agreement under this clause will be without prejudice to the other rights of either party under this Agreement.

14. Notice
(a) A notice to a party under this Agreement must be in writing and emailed to that party’s email address or texted to that party’s mobile phone number specified in the Schedule (unless You have indicated that you decline to receive notices electronically, in which case the notice can be handed to You or Your Approved Drivers or posted to Your latest known address). In the event two or more sets of contact details are provided in the Schedule, it will suffice to give notice in writing to any one of them.
(b) A notice given in accordance with this clause must be treated as having been given and received on the day it is handed, emailed or texted or three business days after the notice has been posted by mail.
(c) Details of any change to a party’s (or an Approved Driver’s) contact details must be notified to the other party within 2 business days of the change occurring.

15. General
(a) Assignment. The rights granted under this Agreement are personal to You and You must not deal (including via change of control) with Your rights and obligations under this Agreement without Our written consent. Any purported dealing is deemed ineffective. You consent to Us dealing (including via change of control) with Our rights and obligations under this Agreement without prior notice to You (as seeking such consent from multiple hirers would be impractical, among other things).
(b) Variation. We may vary this Agreement (including any Fee adjustments) by giving You at least 28 days’ written notice of the variation pursuant to changes in applicable laws, market conditions and/or legitimate business interests. If You object to the variation, You may, before the expiration of the specified notice period, terminate this Agreement by giving no less than 24 hours’ written notice to Us.
(c) Counterparts. This Agreement may be executed using electronic signatures and exchanged or delivered electronically and such execution, exchange and delivery will be legally binding in any number of counterparts.
(d) No implied waiver. A failure and/or delay by a party to exercise a right under this Agreement resulting from a breach by the other party does not amount to a waiver of that breach or of any future breach of the same kind.
(e) Severance. If a provision, or part of a provision, in this Agreement is held to be illegal, invalid, void, voidable, or unenforceable, then that provision, or part of a provision, must be read down to the extent necessary to ensure that it is valid and enforceable. Where it is not possible to so read down a provision, or part of a provision, then that provision, or part of a provision, is severable without affecting the validity or enforceability of the rest of this Agreement.
(f) Entire Agreement. This Agreement records the entire agreement between the parties about its subject matter and supersedes all previous communications, representations, understandings or agreements between them (whether written or verbal).
(g) Jurisdiction. The law of the state in which the Facility is located applies to this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and of the Commonwealth of Australia.
(h) Disputes. If a dispute arises between the parties under this Agreement, the parties must attempt to settle the dispute with one another before instituting any legal proceedings.
(i) Survival. Provisions of this Agreement which by their nature are meant to continue to run beyond the termination or expiry of this Agreement will survive its termination or expiry.

THIS AGREEMENT IS PROPERTY OF THE
SELF STORAGE ASSOCIATION OF AUSTRALASIA.
ALL UNAUTHORISED USE WILL BE PROSECUTED.