HIRE TERMS
These Hire Terms, together with any Hire Form (defined in clause 1(a)), set out the agreement (this Agreement) under the terms of which you or the company which you represent (the Customer, you) will rent the Trailer from Nathan Andrew Greentree trading as Pro Trailer Hire ABN 45 902 905 477 (Pro Trailer Hire, we, us, our).
1. HIRE FORM, THIS AGREEMENT
(a) These Hire Terms will apply to all the Customer's dealings with Pro Trailer Hire, including being incorporated in all agreements, quotations or orders under which Pro Trailer Hire is to rent equipment and/or provide services to the Customer (each a 'Hire Form') together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing).
(b) The Customer will be taken to have accepted this Agreement if the Customer accepts a Hire Form, or if the Customer orders, accepts or pays for any equipment and/or services provided by Pro Trailer Hire after receiving or becoming aware of this Agreement or these Hire Terms.
(c) In the event of any inconsistency between these Hire Terms and any Hire Form, the clauses of these Hire Terms will prevail to the extent of such inconsistency, except that any "Special Conditions" (being terms described as such in a Hire Form) will prevail over these Hire Terms to the extent of any inconsistency.
2. HIRE
Pro Trailer Hire provides to the Customer and the Customer accepts from Pro Trailer Hire the hire of the Trailer upon and subject to the provisions of this Agreement.
3. PRE HIRE
The Customer warrants that they:
(a) will send a copy of the Customer’s, and if applicable, any Additional Driver’s valid driver's licence/s within 24 hours of confirming the booking to the Pro Trailer Hire’s email address set out in the Hire Form;
(b) will follow any verbal and written requirements, recommendations and instructions, if any, on the correct usage of the Trailer provided by Pro Trailer Hire; and
(c) ensure that any person collecting or taking delivery of the Trailer on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised.
4. TRAILER USE
Use
(a) The Customer must ensure that the Trailer is only used:
(i) in a proper and skilful manner, by the Customer and any Additional Drivers;
(ii) in accordance with Pro Trailer Hire’s verbal and written requirements, recommendations and instructions provided to the Customer;
(iii) in accordance with the Trailer manufacturer's requirements, recommendations and instruction manuals provided to the Customer; and
(iv) in accordance with all Laws, rules and regulations applicable to the Trailer.
(b) The Customer must not, and must not allow any third party to:
(i) use or tow the Trailer except the Customer and, if applicable, any Additional Drivers;
(ii) tow the Trailer with an unroadworthy vehicle or a vehicle that does not meet the Vehicle Requirements set out in the Hire Form;
(iii) tow the Trailer, if the driver is not the holder of a valid driver's licence;
(iv) use the Trailer for any dangerous or illegal purpose;
(v) use or allow the Trailer to be used to carry passengers for payment of any kind and/or for racing;
(vi) make any alterations to the Trailer, including by unauthorised repair;
(vii) use the Trailer when it is damaged or unsafe;
(viii) affix or install any accessories, equipment or device on or to the Trailer (other than the Included Attachments set out in the Hire Form) without Pro Trailer Hire's prior written consent; and
(ix) sub-hire the Trailer.
Storage
(c) The Customer must, when the Trailer is unattended, always keep it locked and keep any keys under the Customer’s, or if applicable, the Additional Driver’s control at all times.
User
(d) The Customer agrees that they are responsible for the acts and omissions of any other person they allow to use the Trailer.
Personal Property
(e) Pro Trailer Hire is not liable to any person for any loss of, or damage to, personal property that is left on the Trailer after its return to Pro Trailer Hire or stolen from the Trailer or otherwise lost during the Hire Term.
Cleaning
(f) The Customer acknowledges that the Trailer is rented out in a clean condition. The Customer must return the Trailer in the same state of cleanliness (inside and out) it was in on the Start Date. If the Trailer requires extensive cleaning upon return (e.g. if there is an oil spill or an excessive amount of dirt, mud or mess), Pro Trailer Hire may charge, and the Customer must pay, a cleaning fee covering the total cost to Pro Trailer Hire to clean the Trailer and any Included Attachments.
5. RETURN
(a) Subject to clause 13, the Customer must on the Return Date and by the Return Time specified in the Hire Form, return the Trailer to Pro Trailer Hire at the Return Address in the same condition as it was in on the Start Date.
(b) For the purposes of this clause, ‘same condition’ means the same state (excluding ordinary wear and tear) and complete with all the Included Attachments and in the same state of cleanliness as the Trailer was on Start Date.
(c) If the Customer does not comply with clause 5(a), Pro Trailer Hire may, in its discretion, charge, and the Customer must pay, an amount up to the Late Charge for each 24 hour period after the Return Date during which the Trailer has not been returned to Pro Trailer Hire.
(d) If the Customer returns the Trailer before the Return Date, the Customer will be liable for the full Fees as if the Equipment was in its possession from the Start Date until the Return Date, notwithstanding any early return of the Equipment.
6. FAULTY TRAILER
(a) If the Trailer is faulty, breaks down or becomes unsafe to use during the Hire Term (Breakdown), the Customer must immediately:
(i) notify Pro Trailer Hire;
(ii) stop using the Trailer;
(iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Trailer;
(iv) take all steps necessary to prevent the Trailer from sustaining any further damage;
(v) not repair or attempt to repair the Trailer without Pro Trailer Hire’s written consent; and
(vi) comply with Pro Trailer Hire’s directions in relation to the return of the Trailer.
(b) Subject to clause 6(c), if, upon inspection of the Trailer, Pro Trailer Hire determines that a Breakdown was:
(i) caused by a fault in the Trailer (not caused or contributed to by the Customer or any Additional Driver) (Trailer Fault) then Pro Trailer Hire will provide the Customer with a pro-rata refund of any Fees paid for the period of the Hire Term during which the Breakdown persisted; or
(ii) not caused by a Trailer Fault, then the Customer will still be required to pay Fees in accordance with the Hire Form.
(c) Clause 6(b) does not limit:
(i) any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth); or
(ii) any rights or remedies Pro Trailer Hire may have access to in relation to a Breakdown, under this Agreement or otherwise.
7. REPLACEMENT, LOSS AND DAMAGE
Loss, damage and personal injury
(a) The Customer will be fully liable to Pro Trailer Hire for:
(i) any loss or damage to the Trailer (including the winch, straps and any Included Attachments) during the Hire Term, or otherwise when the Trailer is in the Customer's or an Additional Driver’s possession, notwithstanding whether the loss or damage was the Customer’s/Additional Driver’s fault, and must give reasonable notice to Pro Trailer Hire in writing of any such loss or damage; and
(ii) all damage to the property of any person which is caused or contributed to by the Trailer during the Hire Term, or otherwise when the Trailer is in the Customer's or an Additional Driver’s possession.
Replacement
(b) If Pro Trailer Hire notifies the Customer in writing, the Customer must, in Pro Trailer Hire’s discretion, replace, or pay Pro Trailer the cost of replacing, all parts of the Trailer (including the winch, straps and any Included Attachments) which during the Hire Term have become worn out, lost, stolen, damaged beyond repair or permanently rendered unfit for use (fair wear and tear excepted), provided that the Customer must not make any replacement, alteration or addition of any nature which may lead to a material reduction in the value of the Trailer.
8. INCIDENTS AND INSURANCE
(a) The Customer acknowledges that Pro Trailer Hire may, in its discretion, hold insurances in relation to the Trailer but such insurances may not cover the Customer or Additional Driver or the Customer's or Additional Driver’s use of the Trailer and Pro Trailer Hire will have no obligation or requirement to insure the Customer's or Additional Driver’s use of the Trailer under this Agreement. The Customer is strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Trailer.
(b) If Pro Trailer Hire notifies the Customer that it holds insurance in relation to the Trailer, the Customer must not do or permit anything to be done which may make Pro Trailer Hire's insurance invalid or able to be cancelled or which may increase Pro Trailer Hire's insurance premiums.
(c) If the Trailer is involved in an accident or claim, damaged, destroyed, lost, stolen or if damage or loss is sustained to the property of any third party in connection with the Trailer during the Hire Term, or otherwise when the Trailer is in the Customer's or Additional Driver’s possession (Incident), the Customer:
(i) must promptly report the Incident to the local police (if required by law);
(ii) must report the Incident to Pro Trailer Hire in writing within one Business Day;
(iii) must compensate the Pro Trailer Hire for any loss or damage to the Trailer or the property of any person which is caused or contributed to by the Trailer in accordance with clause 7;
(iv) must, if such damage, destruction, loss or theft is covered by and compensated to Pro Trailer Hire under an insurance policy, pay the relevant excess amount to Pro Trailer Hire, as well as any other reasonable costs that Pro Trailer Hire incurs in relation to such damage, destruction or theft;
(v) must not, without Pro Trailer Hire's prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by law;
(vi) must, if requested, permit Pro Trailer Hire or its insurer bring, defend, enforce or settle any legal proceedings in the Customer's name in relation to the incident; and
(vii) must, if requested, provide to Pro Trailer Hire, within a reasonable time, any statement, information or assistance which Pro Trailer Hire or its insurer requests, including by attending a lawyer's office or a court to give evidence.
9. PAYMENT
9.1 FEES
The Customer must pay the Fees to Pro Trailer Hire in the amounts set out in the Hire Form or as otherwise agreed in writing.
9.2 OVERNIGHT FEE
(a) If the Customer returns the Vehicle after 9:30pm on the Start Date, or the Hire Term is greater than 1 day, the Customer must pay the Overnight Fee in the amounts set out in the Hire Form or as otherwise agreed in writing.
(b) The Overnight Fee is a one-off fee charged for each specific hire.
9.3 TIME FOR PAYMENT
Unless otherwise agreed in writing:
(a) the Customer must pay for all goods and services at the times set out in the Hire Form; and
(b) in all other circumstances, if Pro Trailer Hire issues an invoice to the Customer, payment must be made by the time(s) specified in such invoice.
9.4 PAYMENT METHOD
The Customer must pay Fees using the fee payment method specified in the Hire Form.
9.5 LATE PAYMENT
If the Customer does not pay Pro Trailer Hire the amounts due and payable under an invoice on or before its due date, without limiting any of Pro Trailer Hire's other rights under this Agreement, the Customer must pay Pro Trailer Hire interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Pro Trailer Hire.
9.6 GST
Unless otherwise indicated, amounts stated in a Hire Form do not include GST. In relation to any GST payable for a taxable supply by Pro Trailer Hire, the Customer must promptly pay the GST subject to Pro Trailer Hire providing a tax invoice.
9.7 CARD SURCHARGES
Pro Trailer Hire reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
9.8 PAYMENTS OTHER THAN FEES
(a) Immediately on request by Pro Trailer Hire, the Customer will pay:
(i) the price of any Trailer which is for whatever reason not returned to Pro Trailer Hire;
(ii) the full cost of repairing any damage to the Trailer caused or contributed to by the Customer;
(iii) all costs incurred by Pro Trailer Hire in delivering and recovering possession of the Trailer; and
(iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by Pro Trailer Hire in enforcing this Agreement due to the Customers default.
(b) Without limiting the ability of Pro Trailer Hire to recover all amounts owing to it, the Customer authorises Pro Trailer Hire to charge any amounts owing by the Customer to any credit card or account which the Customer provides in a Hire Form.
9.9 ONLINE PAYMENT PARTNER
Pro Trailer Hire may use third-party payment providers (Payment Providers) to collect payment. The processing of payments by the Payment Provider will be, in addition to these Hire Terms, subject to the terms, conditions and privacy policies of the Payment Provider and Pro Trailer Hire is not liable for the security or performance of the Payment Provider. Pro Trailer Hire reserves the right to correct, or to instruct Pro Trailer Hire’s Payment Provider to correct, any errors or mistakes in collecting the Customer’s payment.
10. ADDITIONAL CHARGES – FINES AND TOLLS
The Customer acknowledges and agrees that:
(a) they will be responsible for the costs of all tolls, infringement notices and fines (e.g. tolls, parking tickets, towing fines) and any other additional charges incurred in relation to the Trailer during the Hire Term, or otherwise when it is in the Customer’s or an Additional Driver’s possession (Third Party Charges); and
(b) if any Third Party Charge is incurred by the Car Hire Company, then Pro Trailer Hire will charge the Customer an amount equal to that Third Party Charge.
11. OWNERSHIP, POSSESSION AND TITLE
Ownership
(a) The Trailer is and will at all times remain the property of Pro Trailer Hire, notwithstanding delivery of the Trailer to the Customer/Additional Driver or the possession and use of the Trailer by the Customer/Additional Driver.
(b) The Customer and any Additional Driver will not have any right, title or interest in or to the Trailer except as expressly set out in this Agreement.
Possession
(c) The Customer must not, without Pro Trailer Hire's prior written consent, part with possession of the Trailer during the Hire Term.
Encumbrances
(d) The Customer must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Trailer, including a repairer's lien, except:
(i) if a repairer's lien arises, the Customer must take all necessary steps to have it removed or satisfied, or, at Pro Trailer Hire's option, Pro Trailer Hire may remove or satisfy the lien at the Customer's cost; and
(ii) a security interest, lien or charge that arises by law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer must pay any money due so that the Trailer will be free of the lien or charge.
12. PERSONAL PROPERTY SECURITIES
(a) The Customer grants a security interest in all of its present and after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to the Customer, in favour of Pro Trailer Hire to secure the performance of its liabilities and obligations hereunder or on any account whatsoever.
(b) If requested by Pro Trailer Hire the Customer must immediately sign any documents, provide all necessary information and do anything else required by Pro Trailer Hire to ensure that the security interest created in Pro Trailer Hire's favour is a perfected security interest.
(c) The Customer must not grant any other security interest in favour of any party until Pro Trailer Hire has perfected its security interest created under these Terms.
(d) The Customer must not do or permit anything to be done that may result in the security interest granted to Pro Trailer Hire ranking in priority behind any other security interest.
(e) The Customer acknowledges that these Terms constitute a security agreement for purposes of the PPSA and the Customer will do all things necessary to enable a security interest to be registered under the PPSA, and will comply with all requirements of the PPSA.
(f) To the fullest extent permitted by the PPSA, the Customer agrees to contract out of the application of the provisions listed in sections 115(1) and 115(7) and the sections listed therein shall not apply.
(g) The Customer hereby waives any rights the Customer may otherwise have to:
(i) receive any notices or statements the Customer would otherwise be entitled to receive under sections of the PPSA including for the avoidance of any doubt the sections referred to in sections 115(1) and 115(7) of the PPSA;
(ii) apply to a Court for an order concerning the removal of an accession under section 97 of the PPSA;
(iii) object to a proposal of the Customer to purchase or retain any collateral under sections 130 and 135 of the PPSA; and
(iv) receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document.
(h) For the purpose of this clause and other relevant clauses in this Agreement, the expressions "accession", "collateral", "financing statement", "financing change statement", "security agreement", "security interest", "perfected security interest" and "verification statement" have the meanings given to them under, or in the context of the PPSA.
13. EARLY RETURN
Notwithstanding any other clause in this Agreement, Pro Trailer Hire may demand the early return of the Trailer to the Return Address, or retake possession of the Trailer, if Pro Trailer Hire reasonably suspects that:
(a) damage to the Trailer or injury to any person in connection with the Trailer is reasonably likely; or
(b) the Trailer may be used for an unlawful purpose.
14. THIRD PARTY GOODS AND SERVICES
(a) If Pro Trailer Hire is required to acquire goods or services supplied by a third party, the Customer may be subject to the terms and conditions of that third party ('Third Party Terms').
(b) The Customer agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Customer or Pro Trailer Hire acquires as part of renting the Trailer and Pro Trailer Hire will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
15. SUBCONTRACTING
Pro Trailer Hire may subcontract any aspect of providing its services and the Customer hereby consents to such subcontracting.
16. LIABILITY, WARRANTIES AND INDEMNITIES
16.1 LIABILITY
(a) To the maximum extent permitted by law, Pro Trailer Hire's liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:
(i) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010(Cth)); and
(ii) is limited, insofar as it concerns other liability, to the total money paid to Pro Trailer Hire under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
(b) Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).
16.2 WARRANTIES
(a) The Customer acknowledges that in deciding to rent the Trailer and in entering into this Agreement the Customer has not relied on the skill or judgment of Pro Trailer Hire and that the Customer has satisfied itself as to the condition and suitability and fitness for the Customer's purpose of the Trailer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.
(c) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Pro Trailer Hire's liability for breach of that non-excludable condition, warranty or guarantee will be limited to:
(i) in the case of goods, their repair or replacement or the supply of equivalent goods or a refund to the total value of the goods; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
16.3 INDEMNITIES
The Customer indemnifies and holds harmless Pro Trailer Hire from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a) the casual maintenance, use, storage or operation of the Trailer during the Hire Term or otherwise when the Trailer is in the Customer's or any Additional Driver’s possession;
(b) injuries to or deaths of persons and damage to property in connection with the Trailer during the Hire Term or otherwise when the Trailer is in the Customer's or Additional Driver’s possession;
(c) any breach of this Agreement by the Customer or any Additional Driver; or
(d) any negligent, fraudulent or criminal act or omission of the Customer, Additional Driver or any other person who the Customer allows to use the Trailer.
17. TERMINATION
17.1 TERMINATION BY PRO TRAILER HIRE
Pro Trailer Hire may terminate this Agreement in whole or in part immediately by written notice to the Customer, if the Customer is in breach of any term of this Agreement.
17.2 TERMINATION BY THE CUSTOMER
(a) Subject to clause 17.3, the Customer may terminate this Agreement in whole or in part by written notice to Pro Trailer Hire.
(b) If the notice under clause 17.2(a) is given:
(i) 48 hours or more prior to the Start Date, Pro Trailer Hire will provide the Customer with a full refund of any Fees paid;
(ii) less than 48 hours prior to the Start Date, Pro Trailer Hire will provide the Customer with a refund of the Fees paid however Pro Trailer Hire may, in its discretion, charge or deduct from the refunded Fees, a 50% cancellation fee; and
(iii) after the Start Date, the Customer will not be entitled to any refund, unless the Equipment is not of an acceptable quality in accordance with the ACL.
17.3 EFFECT OF TERMINATION
Upon termination of this Agreement, the Customer must promptly:
(a) pay any cancellation fee required by Pro Trailer Hire in accordance with clause 17.2;
(b) pay any payments required by Pro Trailer Hire in respect of the period of the Hire Term prior to the date of termination; and
(c) subject to any contrary direction given by Pro Trailer Hire, deliver the Trailer and any other goods included in a Hire Form to the Return Address.
17.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
18. DISPUTE RESOLUTION
(a) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings.
(b) If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
(c) The parties acknowledge that compliance with this clause 18 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
(i) in the case of applications for urgent interlocutory relief; or
(ii) a breach by another party of this clause 18.
19. NOTICES
A notice or other communication to a party under this agreement must be:
(a) in writing and in English;
(b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party; and
(c) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
20. GENERAL
20.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in the Australian Capital Territory. Each party irrevocably submits to the exclusive jurisdiction of the courts of the Australian Capital Territory and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
20.2 AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the parties.
20.3 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
20.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
20.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
20.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
20.7 COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
20.8 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
20.9 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
20.10 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
21. DEFINITIONS
In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:
Term
Meaning
Additional Driver
means a person described as such in a Hire Form.
Business Days
means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Sydney.
Customer
has the meaning set out in the Hire Form.
Trailer
means the Trailer and the Included Attachments included in a Hire Form.
Fees
has the meaning set out in the Hire Form.
Late Charge
means the late charge set out in the Hire Form.
Laws
mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where Pro Trailer Hire provides services and includes industry codes of conduct.
PPSA
means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act.
Hire Form
has the meaning set out in clause 1(a) of these Hire Terms.
Hire Term
means the period of Trailer hire from the Start Date set out in the Hire Form and until the Trailer is returned to Pro Trailer Hire.
Return Address
means the return address set out in the Hire Form.
Return Date
has the meaning set out in the Hire Form.
Start Date
has the meaning set out in the Hire Form.
Third Party Terms
has the meaning set out in clause 14.
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