Hire a Trailer

Hire Agreement Terms and Conditions (“Trade Conditions”)

Aakron Xpress Custom Trailers Limited ("AXCT") hereby agrees to allow the customer identified on the Trailer Hire Agreement ("the Customer") to use the Trailer, identified by its registration number in the Trailer hire agreement, for a period of time specified in the Trailer Hire Agreement ("Hire Period"). The term "Agreement" means this Trailer Hire Agreement, including all terms and conditions detailed here. 

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CONSUMER CONDITIONS

1 The Consumer Conditions set out below shall apply to and are incorporated into any Agreement for the hire as detailed in the Agreement details (“Agreement Details”) between AXCT (the “Owner”) and the consumer (the “Customer”) hiring the trailers.

1.2 For the purposes of this Agreement, “consumer” means a customer who hires the trailer for the purposes of the Consumer Guarantees Act 1993 and/or the Fair-Trading Act 1986.

1.3 A Customer is the person who signs this agreement or anyone acting on behalf of that person.

1.4 If the Customer is in trade (as per the meaning of “Trade” in the Consumer Guarantees Act 1993), AXCT and the Customer confirm, acknowledge, and agree that:

(a) these Consumer Conditions will be substituted with the Aakron Xpress Custom Trailers - Hire Agreement Terms and Conditions (“Trade Conditions”); and

(b) the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 do not apply.

1.5 It is not intended that any Agreement will be either a consumer credit Agreement or a consumer lease for the purposes of the Credit Contracts and Consumer Finance Act 2003.

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2. An inspection of the trailer will be completed by both AXCT and the customer prior to the customer removing the trailer from the AXCT premises and any and all damage or defects at that point will be recorded on the inspection form and be added to this agreement. The customer is responsible for arranging safe and secure transport and parking for the trailer while it is in the customer’s care.  The customer is responsible for any damage or loss while the trailer is in the care of the customer.  If the customer does not conduct this inspection with the AXCT representative, the damage and loss assessment of the AXCT representative upon return of the trailer will be conclusive and binding on the customer.

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3. The customer agrees to report any loss or damage to the trailer or caused by the trailer to AXCT promptly upon becoming aware of the loss or damage.  Ordinary wear and tear are not regarded as "damage" for the purposes of this agreement.  If, however, the trailer is used in an inappropriate way, for example, overloading, which causes damage, this damage will be regarded as "damage" and not ordinary wear and tear.  The customer will also be liable for any damage due to negligence or willful misconduct by the customer, the customers agent/representative, employee or contractor during the hire period. The customer shall be responsible for any loss or damage to the trailer or other property due to use of the trailer, regardless of the cause or who or what caused the loss or damage.  If the trailer is damaged, the customer shall pay the actual repair cost, or if AXCT determines to sell the trailer in its damaged condition, which it may do at its sole discretion, the customer will pay the difference between the trailer's retail fair market value before it was damaged and the sale proceeds.  Any damage deemed to have been caused by overloading, driving through potholes and over kerbs, etc., will be considered willful misconduct.

If the trailer is stolen, lost, or rendered totally or partially inoperable, the customer shall be responsible for any loss of use and any consequential or incidental damages incurred by AXCT as a result, including lost hire income, towing and storage fees and reasonable administrative expenses incurred.

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4. AXCT will not refund any hire fee if the weather makes the use of the trailer less productive or even impossible during the hire period.  It is the responsibility of the customer to check the weather forecast and hire the trailer in the desired weather conditions. 

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5. The trailer will be in a clean and tidy condition at the commencement of the hire period and the customer is responsible to return the trailer and all its accessories in a clean and tidy condition, failing which a reasonable cleaning charge may be incurred.

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6. The customer acknowledges that the trailer is being provided "as is", without warranty of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. 

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7. The customer agrees that AXCT shall not be liable for any damages arising from personal injuries or loss, theft or damage to property sustained by the customer or anyone else, resulting from the use of the trailer by the customer.  The customer assumes full responsibility for any such injuries, losses, damages and the insurance for these events. 

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8. The customer undertakes to comply with any and all appropriate rules, regulations and laws which might govern the transportation, storage, and operation of the planned activity with the trailer.  This includes relevant traffic control measures, if applicable.  The customer assumes responsibility for any fines, charges or penalties incurred while the trailer is in the customer's care which only concludes at the date and time identified as the end of the hire period.

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9. The customer agrees to pay all amounts due to AXCT hereunder immediately upon demand.  If the customer does not pay all amounts owed to AXCT under this agreement on demand, including all charges, fees, fines and expenses, including, without limitation payment for loss of or damage to the trailer, hire fees, parking fines and penalties, towing charges, storage and impoundment fees, the customer shall pay a late charge of 1.5% per month on the past due balance or the highest rate permitted by applicable law, whichever is less.  The customer agrees to also pay for any costs incurred by AXCT in seeking to collect such amounts due hereunder including without limitation, court costs, attorney's fees, and collection fees.  

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10.  AXCT shall retain the customer's damage deposit as security for the full and faithful performance by the customer of all the customer's obligations hereunder. No interest shall be paid upon the damage deposit nor shall AXCT be required to maintain the damage deposit in a segregated account, unless required by applicable law. If the customer does not remit all amounts owed to AXCT hereunder when due, then AXCT may, without notice, retain part or all of the damage deposit to cover all amounts owed to AXCT hereunder.  If the customer fully and faithfully complies with the terms of this agreement, the damage deposit or any balance thereof shall be returned to the customer within thirty days after the end date of the hire period. For purposes of paying the damage deposit or excess damage cost or any other cost incurred by AXCT the customer authorises AXCT to charge such costs to the customer's credit card if not paid by other means in a timely manner.

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11.  The customer agrees and understands their rights and obligations under this agreement are personal and not assignable or transferrable.  All notices required or permitted hereby shall be in writing and shall be deemed to have been given on the date of delivery, whether electronic or physical, according to the information the customer provided within the hire agreement.  

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12.  The customer is responsible to ensure that all person/s operating the trailer while in the customer's care are appropriately licensed and skilled and able to do so.

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13. On collection the customer must present a towing vehicle that has a tow ball and vehicle rating of at least 3.5tons.

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14. RIGHT TO TERMINATE

14.1 The Customer may terminate the Agreement by notice with immediate effect if AXCT fails to comply with any term of the Agreement, in which case the Customer will be entitled to receive a refund of charges paid to AXCT  which may be pro-rata to reflect the reduced hire period.

14.2 AXCT may terminate the Agreement by notice with immediate effect if:

(a) the Customer fails to comply with any material term of the Agreement.

(b) AXCT believes on reasonable grounds that hired trailers may be at risk for any reason whatsoever, including the manner of its use by the Customer, adverse weather or work conditions, or the Customer is unable to, or might be unable to, pay any charge, cost, purchase price or fee in connection with the trailers under these Consumer Conditions.

(c) it becomes apparent that for any reason (including through the resignation of a Guarantor) there will be no personal guarantees given in respect of the Customer’s obligations under the Agreement; or

(d) any step is taken to appoint a receiver, manager, trustee in administration, liquidator, provisional liquidator, statutory manager, administrator, or other like person over the whole or any part of the Customer’s assets or business.

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15. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)

15.1 The Customer acknowledges that the trailers hired, remains the property of AXCT at all times. Trailers purchased from AXCT remains the property of AXCT until paid for in full.

15.2 The Customer agrees that the hire of the trailers may, and that the acquisition of the trailers does, create a security interest in the trailers to secure the full payment of all moneys payable to AXCT and the performance by the Customer of all of its other obligations to AXCT. This Agreement (the Consumer Conditions) constitutes a security agreement for the purposes of the PPSA and the provisions of clauses 16.3 applies. Unless otherwise defined in the Agreement (including the Consumer Conditions), all terms in this clause 16 have the meaning given to them in the PPSA and section references are sections to sections of the PPSA.

15.3 On the request of AXCT, the Customer shall promptly execute any documents, provide all necessary information, and do anything else required by AXCT to ensure that the security interest created under this Agreement (including the Consumer Conditions) constitutes a perfected security interest in the trailers and their proceeds which will have priority over all other security interests in the trailers.

15.4 The Customer waives its rights under sections 114(1)(a),116, 120(2), 121, 125, 126, 127, 129, 131, 133 and 148 of the PPSA.

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16. PRIVACY ACT 1993

16.1AXCT requires personal and business information and will collect and hold such information about the Customer, principally for the purpose of evaluating the hire of trailers by the Customer. The Customer’s application to hire trailers may be declined or the hire terminated if the Customer fails to provide the requested information. The Customer can access and seek correction of any such information by contacting AXCT. The Customer authorises the disclosure of such information held by any other party regarding any previous hire agreements or credit arrangements entered into by the Customer.  For the purposes of this clause the customer may be required to provide relevant trade references.

16.2 The Customer and each person who signs AXCT’s Application for Credit authorises AXCT:

(a) to collect, retain and use information about the Customer or such other signatory from any person for the purpose of assessing the Customer’s or such other signatory’s creditworthiness.

(b) to disclose information about the Customer or such other signatory:

1. to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to the Customer’s obligations to AXCT; and/or

2. to such persons as may be necessary or desirable to enable AXCT to exercise any rights under the Agreement

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17.  This agreement constitutes the entire agreement between AXCT and the customer with regards to the subject matter covered hereby and supersedes all prior agreements and understandings relating to the subject matter hereof.  This agreement can only be changed or modified by mutual agreement in writing.