1. Governing Terms and Conditions
1.1. Your contract to hire a Trailer from JD Trailer Hire (Rental Contract) consists of:
(a) these rental Terms and Conditions (Rental Terms and Conditions);
(b) the Rental Agreement;
(c) the Website Terms of Service; and
(d) the Privacy Policy.
1.2. The Rental Contract is governed by the laws of the state of Queensland and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3. The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.
2. Quality Assurance
JD Trailer Hire always assures You of a quality rental service.
3. Service
We are committed to providing You with the highest standards of service.
4. Conditions of Use
4.1. The Trailer is rented to You by JD Trailer Hire subject to Your acceptance and compliance with these Rental Terms and Conditions.
4.2. The Trailer must only be towed by You.
4.3. It is a Major Breach of the Rental Contract if You let anyone else tow the Trailer. If there is a Major Breach of the Rental Contract you as the renting party remain liable for any injury, damage or loss to any individual or property as a result of this Major Breach.
4.4. You must have a valid drivers' licence to tow the Trailer which is issued in an Australian state or territory and not subject to any restriction or condition. Learner driver license holders are not acceptable and must not tow the Trailer.
4.5. The Trailer must not be towed by You:
(a) if You are intoxicated or under the influence of drugs or alcohol or have a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst the Trailer is damaged or unsafe.
4.6. You must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Trailer:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, flammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(iv) in an unsafe or un-roadworthy condition.
4.7. You must not:
(a) damage the Trailer deliberately or recklessly or allow anyone else to do so;
(b) modify the Trailer in any way;
(c) sell, rent, lease or dispose of the Trailer; or
(d) register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009.
4.8. The Trailer must never be towed on:
(a) an Unsealed Road;
(b) Off Road; or
(c) above the snow line in Victoria or New South Wales between 1 May and 31 October.
4.9. The Trailer must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(d) beaches, streams, rivers, creeks, dams and floodwaters;
(e) any road where the police or an authority has issued a warning;
(f) any road that is closed; and
(g) any road where it would be unsafe to tow the Trailer.
4.10. The Trailer must never be towed or used on any island that is off mainland Australia, unless the island is connected by road or We have given Our prior written permission to the start of the Rental Period and it is shown in the Rental Agreement.
4.11. You must:
(a) ensure:
(i) the aggregate Trailer Mass (Trailer plus load) does not exceed the maximum towing capacity of the Trailer as specified by the Trailer manufacturer. The towing capacity of a vehicle is usually provided in the vehicle operator's handbook and You must also check the towbar’s manufacturer's specification plate on the towbar, as the two may differ;
(ii) the Trailer is correctly and safely connected to the towing vehicle and the safety chains are correctly fitted;
(iii) the Trailer remains connected to the towing vehicle at all times whilst it is under hire or is adequately secured using a security device;
(iv) the coupling is attached to the towing vehicle at all times when loading, whilst loaded and during unloading, and You acknowledge the jockey wheel is for raising and lowering the Trailer and must not be used to manoeuvre the Trailer;
(v) the coupling handle is securely locked in the down position;
(vi) the Trailer's tyres are inflated to the recommended PSI;
(vii) the Trailer lights are working correctly; and
(viii) when parked, the Trailer is always parked securely in a way in which it cannot be removed from the towing vehicle.
(b) have insurance that provides:
(i) cover for personal injury; and
(ii) indemnity for third party loss, and
(c) secure any property, goods, stock or equipment carried in the Trailer and use suitable tie down materials to ensure that under no circumstances will they fall from the Trailer during transit; and
(d) comply with all road rules and regulations and You are always responsible for the correct and safe handling of the Trailer.
4.12. You must not tow the Trailer if the unladen weight of the towing vehicle is less than the total weight of the Trailer and any property, goods, stock or equipment or load on the Trailer.
4.13. You must take reasonable care of the Trailer by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) making sure it is not overloaded; and
(d) when parked, ensuring the Trailer is always parked securely in a way in which it cannot be removed from the towing vehicle.
4.14. If the Trailer develops a fault during the Rental Period You must inform Us immediately and not tow the Trailer unless We have authorised You to do so and You must not let anyone else repair or work on the Trailer or towing or salvage of it without Our prior written authority to do so.
4.15. You must immediately report any loss or damage to the Trailer (or loss involving the Trailer) to Us.
4.16. If You wish to extend the Rental Period You must make another booking as rentals cannot be extended. Any new booking is subject to the Trailer not having been booked by another renter.
5. Trailer handover procedure – Renter
5.1. You must attend the Collection Location at the time and date agreed with us to pick up the Trailer. Before proceeding with the hire You may inspect the Trailer and, should it not meet the advertised specification, You are under no obligation to complete the hire.
5.2. At the handover of the Trailer, You must:
(a) produce Your Driver’s License for inspection;
(b) check that:
(i) the Trailer is in a roadworthy, serviceable and in a safe condition;
(ii) the Trailer is clean; and
(iii) ensure all personal belongings from previous renters have been removed.
(c) review the Rental Agreement; and
(d) complete the relevant Trailer Damage Form presented by Us.
6. Financial Obligations – Renter
6.1. You must pay JD Trailer Hire the Rental Fee shown on the invoice
6.2. Upon receipt of your booking request, JD Trailer Hire will process your payment card for the anticipated Rental Fee and your payment card will be debited the Rental Fee.
6.3. Amounts payable to JD Trailer Hire by You under these Rental Terms and Conditions:
(a) must be paid to JD Trailer Hire on or before the due date; and
(b) accrue interest on any overdue amounts daily, from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at JD Trailer Hire’s sole discretion such interest shall compound monthly at such a rate) as well as before any judgment.
6.4. Payment card authority
You authorize Us to maintain Your payment card details in accordance with the JD Trailer Hire Privacy Policy and if any amount is due under the Rental Contract or remains unpaid, including:
(a) the Rental Fees;
(b) tolls;
(c) traffic fines and infringements;
(d) fines or charges imposed for parking;
(e) Damage under clause 10;
(f) bank fees incurred by Us as a result of any dishonoured or rejected payment card transaction;
(g) all costs incurred by Us in the recovery of outstanding amounts, including interest, debt collectors’ costs and commission and legal expenses;
(h) cleaning fees to return the trailer to the same level of cleanliness as at time of pick up;
(i) tipping fees if there is waste left in the trailer when returned;
(j) fees for the recovery of the trailer if not returned to the collection location;
(k) administration fees to coordinate these activities or process charges,
You authorise Us to debit Your payment card with that amount upon it becoming due and payable.
7. Cancellation
7.1. Bookings may only be cancelled in accordance with this clause 7.
7.2. If You cancel a booking 24 hours or more prior to the start of the Rental Period You will be refunded all prepaid Rental Charges. However, if You:
(a) cancel a booking within 24 hours prior to the start of the Rental Period;
(b) fail to pick up the Trailer within 30 minutes of the start of the Rental Period as set out in the confirmed booking; or
(c) fail to notify Us of Your intended cancellation prior to the start of the Rental Period and fail to pick up the Trailer, the booking will be cancelled and You will be charged the Rental Charges for the Rental Period as if the Rental Period had commenced.
7.3. Your cancellation is not effective until acknowledged and confirmed by Us.
7.4. JD Trailer Hire may cancel a Rental Agreement without penalty to it or You if the Trailer is unavailable as a result of unforeseen circumstance, such as it having been involved in a prior accident.
8. Traffic Offences, Fines and Fees
8.1. You must pay all fines, penalties, traffic infringements, tolls and costs incurred during the Rental Period or any period outside the Rental Period in relation to which You remain in possession of, or are responsible for, the Trailer.
(a) a processing fee of $50 per toll is payable to JD Trailer Hire for each unpaid toll incurred, in addition to the toll amount and all other charges levied by the toll provider.
(b) a processing fee of $50 is payable to JD Trailer Hire for each fine, penalty or traffic infringement notice, in addition to any charges levied by the issuer of the fine, penalty or traffic infringement.
8.2. You must notify JD Trailer Hire in writing in accordance with clause 14 as soon as You become aware that a fine, penalty, traffic infringement or toll has been incurred.
8.3. Upon receipt of a fine, penalty, traffic infringement or toll notice, JD Trailer Hire will complete the required documentation to absolve themselves from liability and nominate You as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within 7 days of receipt of the notice.
8.4. In the event that You challenge any fine, penalty, infringement or toll notice, You do so at Your own expense.
9. Trailer Condition and Return
9.1. You must return the Trailer to JD Trailer Hire at the Return Location strictly at the time and on the date agreed between JD Trailer Hire and You. If the Trailer is returned more than 30 minutes, but less than 24 hours, after the agreed time for its return, a late fee of up to one full day's rental will apply. If returned later than 24 hours after the agreed time for its return, a late fee of the 24 hour rate plus a 25% premium will be charged per 24 hour period in addition to the relevant rental fee if you have retained the trailer.
9.2. You remain responsible for the Trailer until it is returned to JD Trailer Hire in accordance with clause 9.1 and these Rental Terms and Conditions continue to apply, regardless of whether it is returned during, at the end of, or after the expiry of, the relevant Rental Period.
9.3. Subject to clause 6, if You return the Trailer to JD Trailer Hire before the end of the Rental Period You must pay JD Trailer Hire the amounts in clause 6.1 for the duration of the Rental Period unless otherwise agreed in writing by JD Trailer Hire.
9.4. At the time of hand over to JD Trailer Hire at the Return Location You must:
(a) return the Trailer to JD Trailer Hire in the same condition as it was at the beginning of the Rental Period, save for any reasonable wear and tear;
(b) ensure that the Trailer has been cleaned prior to hand over to the JD Trailer Hire;
9.5. If the Trailer is not returned at the time and date specified in the Rental Agreement or as agreed between JD Trailer Hire and You, the Trailer may immediately be reported as stolen and may be de-registered.
10. Damage to the Trailer, theft or third party loss
10.1. As the Rental Agreement only provides insurance cover for its use within the guidelines of this rental agreement, if your activities violate these terms of the agreement, then You are responsible for all Damage to the Trailer, save for reasonable wear and tear, its loss through theft and any third party loss that occurs during the Rental Period which results from Your use of the Trailer.
10.2. The following amounts are payable if there is Damage or the Trailer is stolen:
(a) Damage to the wheels and tyres: $200 per wheel;
(b) Damage to the electrical trailer connector: $50;
(c) Damage to, or loss of a strap: $30 per 2.5t Strap;
(d) Damage to, or loss of a strap: $15 per 680kg Strap;
(e) Damage to, or loss of a trailer adaptor: $30;
(f) Damage to, or loss of trailer brake controller: $400;
(g) Damage to, or loss of a 12v solar battery charger: $80;
(h) Damage to, or loss of a winch cable/rope: $100;
(i) Damage to, or loss of a numberplate light or width marker: $50;
(j) Damage to, or loss of a winch $700;
(k) Damage to, or loss of a jack: $60;
(l) Damage to, or loss of a winch battery: $80;
(m) Damage to, or loss of the 100L Spray/Fertilize Trailer and reasonable cost of the relevant component up to and including its complete replacement value: $1000;
(n) Any other amount for damage or theft up to the market value of the Trailer.
10.3. You must pay JD Trailer Hire the Rental Fee at the daily rate shown in the Rental Agreement from the date of an accident or theft of the Trailer until the earlier of:
(a) payment of the Damage Excess;
(b) the completion of repairs if the Trailer is damaged;
(c) the Trailer is replaced because it is declared a total loss because it is damaged beyond repair; or because it is stolen.
10.4. If there has been a successful recovery from a third party, the Damage Excess is refundable to You. Any entitlement to a refund is subject to costs being recovered from third parties and is at the sole discretion of the JD Trailer Hire Insurer and not JD Trailer Hire. If there is no third party loss and the cost of repairs is less than the Damage Excess You will be reimbursed the difference.
10.5. You must immediately report all claims of Damage, theft or third party loss to JD Trailer Hire.
10.6. In the event of an accident or damage, it is Your responsibility to return the Trailer to the collection location at Your expense.
(a) Failure to return the trailer to the collection location will result in continuation of payment of the relevant rental cost until such time of the trailers return in accordance with clause 9.1.
(b) Failure to return the trailer to the collection location will also result in any reasonable cost in relation to its recovery and or transportation cost or any possible damage in addition to charges under clause 9.1.
(c) Should an incident occur that results in damage, theft or third party loss to a trailer or any of its accompanying accessories, You provide authority for JD Trailer Hire to debit any relevant cost related to the return, repair or replacement of the trailer or any such accessories provided for the hire as per their relevant costs as listed under clause 10.2 and/or the insurance cost outlined under clause 17, in conjunction with clause 6.4.
10.7. You must also report all accidents to the police if:
(a) any person is injured;
(b) the other driver leaves the scene of the accident without exchanging names and addresses; or
(c) the other driver appears to be affected by drugs or alcohol.
10.8. In the event of an accident, You acknowledge that JD Trailer Hire may insist that the Trailer be moved to the nearest repairer to secure it.
10.9. If the Trailer is damaged or stolen and, provided that You have not committed a Major Breach of the Rental Terms and Conditions, JD Trailer Hire may at its option:
(a) cancel the Rental Agreement and, subject to the availability of a similar Trailer at a similar rental fee, grant You the option of entering into a new rental agreement for a term no less than the remaining term of the original Rental Agreement; or
(b) cancel the Rental Agreement if no similar Trailer is available at a similar rental fee.
10.10. If the Rental Agreement is cancelled under clause 10.9 and notwithstanding clause 6, the Agreement is deemed to have been terminated by mutual consent and no action for damages or penalties will accrue to JD Trailer Hire as the result of that cancellation.
11. No insurance cover for goods or property carried
The Rental Contract provides no insurance cover for:
(a) loss or damage to goods or property carried on the Trailer whether owned by You or a third party and You agree to fully indemnify JD Trailer Hire for any claims for third party loss that arise from Your use of the Trailer during the Rental Period;
(b) third party loss resulting from goods or property falling from the Trailer; or
(c) personal items that are left in or stolen from the Trailer or for loss or damage to property belonging to or in the custody of:
(i) You;
(ii) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside; or
(iii) Your employees.
(d) no cover is provided for action taken against You by a third party.
12. Kilometre Limitations
12.1. Whilst JD Trailer purports to have a “no kilometre limit” on its trailer rentals, this is referring to the trailer hire for personal use only, the intention behind which JD Trailer Hire intends to provide its services and not for commercial purposes.
12.2. With the rise of platforms such as Load Shift and Truck It, or any other such platform or intended use of that nature, use of a trailer from JD Trailer on any of these platforms or any with the same intention, permission must first be gained from JD Trailer Hire to book a trailer on each occasion.
12.3. This limitation has been an unfortunate inclusion due to safety concerns having had customers repeatedly overloading trailers and driving excessive distances in short periods of time with little to no breaks. Apart from being unsafe for the renter and other road users this is also placing excessive and unreasonable wear and tear on trailers further contributing to safety risks.
12.4. Any un-approved use of a trailer in this manner is considered a Major Breach of this contract and any such damage incurred is covered in full by You.
13. Termination of the Rental Agreement and Repossession
13.1. JD Trailer Hire may terminate the Rental Agreement at any time if You commit a Major Breach of the Rental Terms and Conditions and JD Trailer Hire must notify You, in accordance with clause 14, immediately of the termination of the Rental Agreement.
13.2. If the Rental Agreement is terminated pursuant to clauses 13.1:
(a) JD Trailer Hire may repossess the Trailer from You; and
(b) You must pay the cancellation fees pursuant to clause 7.
13.3. You may terminate the Rental Agreement at any time if JD Trailer Hire commits a Major Breach of the Rental Terms and Conditions and You must notify JD Trailer Hire, in accordance with clause 14, immediately of the termination of the Rental Agreement.
13.4. Notwithstanding clauses 11.1, JD Trailer Hire may immediately repossess the Trailer without notice to You if:
(a) You have illegally parked the Trailer for longer than 24 hours;
(b) You have committed a reckless breach of road or traffic legislation, including but not limited to:
(i) the accrual of demerit points that result or will result in immediate suspension of Your licence;
(ii) accruing more than 6 demerit points in any 24 hour period; or
(iii) the imposition of demerit points arising from three or more incidents or apprehensions by a regulatory authority in any 24 hour period;
(c) the Trailer is apparently abandoned;
(d) payments are in arrears or are not received within 24 hours of the due date; or
(e) the Trailer has not been returned to the JD Trailer Hire at the time and date specified in the Rental Agreement, and You must pay the cancellation fees pursuant to clause 7.2.
13.5. If the JD Trailer Hire repossesses the Trailer directly, You agree to indemnify JD Trailer Hire for the costs incurred by JD Trailer Hire.
14. JD Trailer Hire Responsibility and Liability
14.1. Subject to the Australian Consumer Law JD Trailer Hire is not liable to You under or in connection with these Rental Terms and Conditions, for:
(a) loss or damage incurred by You in connection with any claims made by a third party;
(b) loss of profit, goodwill, business opportunity or anticipated saving suffered by You; or
(c) any indirect or consequential loss or damage suffered by You.
15. Notices
Any notice to be given to JD Trailer Hire shall be deemed to be given upon it being posted to the address or sent by email to the email address of JD Trailer Hire (as the case may be) set out in the Rental Agreement.
16. Privacy Act 1988
16.1. As specified in clause 1.1 of these Rental Terms and Conditions the Privacy Policy forms part of Rental Contract.
16.2. You consent to JD Trailer Hire, collecting, using and disclosing Your personal information in accordance with the Privacy Policy.
16.3. When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
16.4. We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorized access, modification or disclosure.
17. Definitions
In these Rental Terms and Conditions:
Collection Location means the location specified in the Rental Agreement for collection of the Trailer, or any other location as agreed between the JD Trailer Hire and You.
Damage means:
(a) any damage to the Trailer including its parts, components and accessories;
(b) towing and salvage fees and assessing fees;
(c) Loss of Use as a result of that damage or theft,
and for the removal of doubt, any damage to the Trailer that makes it unroadworthy is not fair wear and tear. Theft also refers to theft by a third party and or You through failure to return the trailer at the designated time as per the rental agreement.
Damage Excess means the amount of the following;
- Basic Excess - $850.00
- Additional Total Loss Excess - $400.00
(c) Additional to basic excess;
- All drivers up to the age of 21 - $850
- Drivers between 21 and 25 - $500
- Drivers aged greater than 25 but have held their Australian drivers license for less than 2 years - $500
payable if there is Damage, theft of the Trailer or third party loss.
Nil insurance coverage on the 100L Spray/Fertilize Trailer.
JD Trailer Hire means JD Trailer Hire ABN 39 961 964 397.
Loss of Use means the loss suffered because the Trailer identified in the Rental Agreement is being repaired or replaced as a result of an accident or because it has been stolen and is being replaced. The amount is calculated on a daily basis at the rate shown in the Rental Agreement.
Major Breach means a breach of any of clauses 4.2, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 9, 12 that causes Damage, theft of the Trailer or third party loss.
Person includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
Parties means JD Trailer Hire and You.
Privacy Policy means the privacy policy of JD Trailer Hire published on the Website.
Rental Agreement means that part of the Rental Contract between JD Hire and You that specifies and identifies the key operational aspects of the hire, including the relevant Rental Period, the Collection Location, the Return Location, the Rental Fees payable and the Trailer hired.
Rental Fee means the amount payable by You to JD Trailer Hire as set out in the Rental Agreement, and any other fees and charges, including late fees, incurred by You during the Rental Period.
Rental Period means the period of time that JD Trailer Hire and the Renter have agreed for use of the Trailer as set out in the Rental Agreement.
Rental Terms and Conditions means these terms and conditions which govern the operation of the Rental Contract.
Renter means a Person who has agreed to hire a Trailer from the JD Trailer Hire in accordance with the Rental Contract.
Return Location means the location specified in the Rental Agreement for return of the Trailer, or any other location as agreed between JD Trailer Hire and You.
Trailer means the trailer hired by You pursuant to the Rental Contract and includes the Trailer's parts, components and accessories.
Website means the www.jdtrailerhire.com.au website and the content, features and services offered through it.
You means a Person who has agreed to hire a Trailer pursuant to the Rental Contract.
17. Acceptance of and agreement to Rental Agreement
I hereby acknowledge that, I as the Renter, have read and understand all clauses outlined within the Rental Agreement and agree to adhere to all legal and reasonable requirements and responsibilities I am hereby agreeing to all terms and conditions, by way of completing this booking request.
