Terms and Conditions | Logan Trailer Hire | Cage Trailers, Car Trailers, Box Trailer Hire & Rental

This rental agreement you have entered into with Logan Trailer Hire comprises the rental document for the hire of the Trailer (Rental Agreement) and these terms and conditions of rental (Terms and Conditions). When we refer to the Rental Contract we mean both the Rental Agreement and the Terms and Conditions.

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner leases the Equipment to the Hirer, and the Hirer leases the Equipment from the Owner on the following terms:

Definitions

The following definitions are used but not otherwise defined in this Agreement:

“Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
“Equipment” means Trailer which has an approximate value of $2,000
“Equipment” means Trailer which has an approximate value of $2,000

Lease

The Owner agrees to lease the Equipment to the Hirer, and the Hirer agrees to lease the Equipment from the Owner in accordance with the terms set out in this Agreement.

Term

The Agreement commences on fixed date and will continue on a Day to day basis until the Owner or the Hirer terminates the Lease (the “Term”). The Agreement may be terminated by either the Owner or the Hirer providing 1 hour written notice to the other.

Rent and Deposit

The rent for the Equipment, inclusive of GST, will be $____________ (the “Rent”) and the Rent will be paid prior to the Hirer taking possession of the Equipment.
He Hirer will pay a deposit of $50.00 (the “Deposit”) before taking possession of the equipment. The Owner will refund the Deposit to the Hirer at the end of the Term provided that the Hirer has performed all of the Hirer’s obligations under this Agreement.

Delivery of Equipment

The Hirer will, at the Hirer’s own expense and risk, pick up and transport the Equipment from 33 Fourth Avenue, Marsden QLD 4132.

Use of Equipment

The Hirer will use the Equipment in a good and careful manner and will comply with all of the manufacturer’s requirements and recommendations respecting the Equipment and with any applicable law, whether local, state or federal respecting the use of the Equipment, including, but not limited to, environmental and copyright law.
The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify or attach anything to the Equipment unless the alteration, modification or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
We will either assist or help you to connect the trailer to your car tow bar. It is the responsibility of the driver to make sure it secured throughout the hiring period.

Warranties

Loss and Damage

To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
If the Equipment is lost or damaged, the Hirer will continue paying rent, will provide the Owner with prompt written notice of such loss or damage and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance and condition.
In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer.

Ownership, Right to Lease and Quiet Enjoyment

The Equipment is the property of the Owner and will remain the property of the Owner.
The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.
The Owner warrants that as long as no Event of Default has occurred, the Owner will not disturb the Hirer’s quiet and peaceful possession of the Equipment or the Hirer’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.

Surrender

At the end of the Term or upon earlier termination of this Agreement, the Hirer will return the Equipment at the Hirer’s cost, expense and risk to the Owner by delivering the Equipment to 33 Fourth Avenue, Marsden, QLD 4132. If the Hirer fails to return the Equipment to the Owner at the end of the Term or any earlier termination of this Agreement, the Hirer will pay to the Owner any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Hirer.

Insurance

The trailer is covered by comprehensive insurance but it does not cover

Indemnity

The Hirer will indemnify and hold harmless the Owner against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees and costs, arising out of or related to the Hirer’s use of the Equipment.

Default

The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this Agreement:

The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
The Hirer fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Hirer’s obligations under this Agreement.
A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

Remedies

On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the “Remedies”):

Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.
Apply the Deposit toward any amount owing to the Owner.
Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.
Terminate this Agreement immediately upon written notice to the Hirer.
Pursue any other remedy available in law or equity.

Assignment

Equipment Rental Agreement Page 5 of 7

THE HIRER WILL NOT ASSIGN THIS AGREEMENT, THE HIRER’S INTEREST IN THIS AGREEMENT OR THE HIRER’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE OWNER.
If the Hirer assigns this Agreement, the Hirer’s interest in this Agreement or the Hirer’s interest in the Equipment without the prior written consent of the Owner, the Owner will have recourse to the Remedies and will be entitled to all damages caused by the assignment.
THE OWNER WILL NOT ASSIGN THIS AGREEMENT, THE OWNER’S INTEREST IN THIS AGREEMENT OR THE OWNER’S INTEREST IN THE EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE HIRER. THE OWNER WILL NOT ASSIGN OR TRANSFER THE OWNER’S RIGHT TO COLLECT RENT OR ANY OTHER FINANCIAL OBLIGATION OF THE HIRER.
If the Owner assigns this Agreement, the Owner’s interest in this Agreement or the Owner’s interest in the Equipment without the prior written consent of the Hirer, the Hirer will be entitled to terminate this Agreement without penalty.

Entire Agreement

This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.

Address for Notice

Service of all notices under this Agreement will be delivered personally or sent by registered mail or courier to the following addresses:

Owner: Logan Trailer Hire, 33 Fourth Avenue, Marsden QLD 4132

Hirer: ______________________, _________________________________

Payment

All dollar amounts in this agreement refer to Australian dollars, and all payments required to be paid under this Agreement will be paid in Australian dollars unless the Parties agree otherwise.

Interpretation

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

This Agreement will be construed in accordance with and governed by the laws of Australia and the Parties submit to the exclusive jurisdiction of the Australian courts.

Severability

If there is a conflict between any provision of this Agreement and the applicable legislation of Queensland (the “Act”), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

General Terms

This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
Time is of the essence in this Agreement.
This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Hirer

NOTICE TO THE HIRER: This is a lease. You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it.