Terms and conditions

Download as PDF

Lawnmower

The terms and conditions of hire set out herein are the only terms and conditions upon which the hirer may hire the lawnmower from the Owner and/or its agent.

TERMS AND CONDITIONS OF HIRE

1. In this document the word "Owner" means "U-Haul Australia Pty Ltd ABN 20 102 898 653 and/or its members or agent and the word "lawnmower" means "mower and all equipment attached thereto or hired under this Agreement".

2. The Hirer agrees the item is in a good and serviceable condition. U-Haul Australia reserves the right to exchange the hire item at the said location or nearest possible location with an equivalent item at any time before and during the booking or hire period.

In the event that the exchange of item or location cannot occur, U-Haul Australia reserves the right to refund the hire amount without any compensation.

3. The Hirer shall use the lawnmower in a skilful and proper manner and shall not abuse it.

4. The Hirer guarantees the Owner that they have the knowledge, skill and ability required to enable them to use the lawnmower without incident or accident, and will take all due care by following the safety instructions under these terms and conditions.

5. The Hirer is responsible for providing the fuel required to operate the lawnmower. Upon completion of the hiring the lawnmower must be properly cleaned by the hirer. Lawnmowers returned in a dirty condition in the opinion of the Owner shall be cleaned at the hirer's expense.

6. This agreement may not be transferred or assigned to any other party without the consent in writing of the owner.

7. The Hirer shall make his own insurance arrangements and assume all responsibility for any liability arising from the lawnmower while the lawnmower is in the care and control of the hirer or is being used by the hirer. The lawnmower is not insured against theft or damage and it is the hirer's responsibility to keep it secure. The hirer is totally responsible for any lost, stolen, mislaid or damaged components or equipment and/or damage and theft of the lawnmower.

8. The Hirer authorises all charges for the hire of the lawnmower to be charged and debited to the hirers credit card. If hire is paid by cash, full payment is required upon booking, along with deposit applicable.

9. The Hirer agrees that all additional charges related to the hire of the lawnmower will be automatically charged and debited to the hirers credit card. If additional charges are not paid, further action will be taken to recover monies owing. Any changes to bookings such as time, date, location or size trailer (but not limited to) prior to the commencement of the hire will incur a $10 change fee

10. The Hirer agrees that they are the same person as on the licence details provided.

11. The Hirer agrees that in the event of incorrect licence details being provided that the credit card details provided by the hirer is proof of hire.

12. On the termination of the period of hiring the Hirer at his own expense must return the lawnmower to the address stated within or if no such address is so stated to the Service Station or place from which it was hired. When the lawnmower cannot be returned by the due time at the expiration of the hiring period (due time) the hirer must advise U-Haul Australia on telephone no.1300883075 during normal business hours before that due time and advise U-Haul Australia of the estimated time of return. When a lawnmower is not returned by expiration time of the agreed hire period the rental of the trailer shall be treated for charging purposes as a new hiring. The cost of the new hire period (up to 48 hours) will be 150% of the difference between the cost of the original hire period and the cost of actual hire period ending when the lawnmower is returned plus transaction fees so long as the Hirer advises AWTR of the late return. Failure to return the lawnmower without advising U-Haul Australia of the late return will incur the maximum charge being the daily charge rate as applicable for the first day for the type of trailer hired, being charged daily to the hirers account plus transaction fees until the trailer is returned. This charge will also include the daily charge rate being charged for the first 2 days late. Late hiring not advised as above within 24 hours after the hiring expiry date will be considered as stolen and the hirer will be liable to prosecution for theft and all charges associated with recovering the lawnmower.

13. During the continuance of the hiring, the hirer will not -

(a) Sell, offer for sale, assign, mortgage, pledge or underlet the lawnmower or any interest of the hirer therein;

(b) Part with possession of the lawnmower; (c) Allow any lien to be created in respect of the lawnmower whether for repairs or otherwise.

14. The hirer acknowledges that the Owner may use and disclose data recorded in relation to this rental in conjunction with any future promotional or marketing undertaken by the Owner or business partners.

15. The hirer shall be responsible for all freight and other charges where incurred by the owner or the hirer in respect of the delivery and return of the trailer except when authorized by the owner or his agent.

16. In the event of a lawnmower breaking down the hirer shall arrange at his own expense to return it to the owner or its agent forthwith. The period of the hire shall be determined upon such return of the lawnmower to the owner or its agent; in no event shall the owner be responsible for any expenditure damage and/or loss incurred by the hirer arising out of any breakdown or failure of the lawnmower.

17. In the event of the hirer being delayed en route, the hirer is required to advise the agent within 24 hours of the expiry time of the contract, as stated on the contract. If further delay is experienced, and the amended arrival time cannot be met, the hirer is then required to give further notice to that effect. The hirer agrees to indemnify the owner against any costs incurred by the owner as a result of the hirer's failure to provide such information.

18. The Hirer will be held totally responsible for any damage caused to the lawnmower while it is covered by this contract, and will also be liable for all costs incurred in recovery of and repair of the lawnmower. The Hirer agrees to accept liability for the loss of and/or any damage to the lawnmower and the deposit will be held as part payment for any damage.

19. INDEMNITY: The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner's servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the lawnmower or otherwise.

20. EXCLUSION OF LIABILITY: The Owner shall not be liable to the Hirer or the Hirer's servants and/or agents from any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant State legislation), use, maintenance, transport, operation of the lawnmower or otherwise.

21. OPERATION OF CLAUSE: Clauses 21 & 22 hereof to the extent these clauses are inconsistent with other clauses, terms or conditions of the Agreement clauses 21 & 22 are to override any such other clauses and be of paramount force.

22. The hirer agrees that he will not allow repairs to be carried out or costs to be incurred on the owner's behalf without having first obtained an authority number from Head Office.

23. The Hirer must notify the owner and/or its agent of late return of lawnmower. If the lawnmower is not returned by the due date (without notification) then POLICE are informed and lawnmower reported as stolen. See clause 15.

24. Late return fees will be charged.

25. Our e-mail communications may include HTML-based email messages which requires your computer to be enabled to accept HTML e-mail.

SAFETY INSTRUCTIONS

26. Do not put hands or feet near or under rotating parts. Keep clear of the discharge opening at all times.

27. Clear the area of objects such as rocks, toys, wire, bones, sticks etc. (but not limited to) which could be picked up and thrown by the blade.

28. Avoid striking solid objects with the blade. Never deliberately mow over any object.

29. Do not operate the mower when barefoot or wearing open sandals. Always wear substantial foot wear.

30. Do not operate the mower without proper guards, plates, grass catcher or other safety protective devices in place.

31. Always wear safety googles or safety glasses with side shields and ear muffs when operating a mower.

32. Never make adjustments or turn mower on its side with the engine running.

33. All slopes require extra caution, do not mow excessively steep slopes or near drop offs, ditches or embankments. Mow across the face of slopes; never up and down.

34. Be sure the area is clear of other people before mowing. Stop mower if anyone enters the area

REFUND POLICY

34. Any booking alteration or cancellation of booking must be given 24 hours prior to the start date and time of the booking. A refund of the booking fee (less an amount of $20.00 administration fee) in respect of a cancelled booking will only be made if the notice of cancellation is made not less than 24 hours prior to the start date and time of the booking. Any notice pursuant to this clause is to be made by telephoning 1300 883 075 between the hours of Monday and Friday 8am to 5pm, Saturday 8am to 4.30pm and Sunday 8am to 3.30pm.

35. There is no refund for any early return of the hired lawnmower.

36. The hirer shall not be compensated for any loss of time incurred by the hirer as a result of any component of mechanical failure of the lawnmower.

37. The Hirer must notify U-Haul Australia of late return of lawnmower. The Hirer can request to extend the hire. U-Haul Australia reserves the right to refuse an extension and ask for the lawnmower to be returned by a specified date and time. This step terminates the contract between U-Haul Australia and the Hirer at the date and time advised by U-Haul Australia. Upon termination of the contract, failure by the hirer to return the lawnmower shows intent of the hirer to not return the lawnmower, and the Police will be informed and the lawnmower reported as stolen.

DAMAGE WAIVER

38. The Excess reduction covers you our customer, against the repair or replacement cost of the lawnmower in the event of an accident (Accidental damage to Lawnmower only). Tyres, blades, catcher or misuse are excluded under this cover.

39. The Hirer acknowledges and warrants that all information provided by it is true and accurate and can be relied upon by U-Haul Australia.

VOUCHERS

40. Vouchers are not redeemable for cash.

41. Vouchers must be redeemed by the expiry date given.

42. Vouchers can only be redeemed online at www.trailerrentals.com.au and will not be redeemed by any other means such as call centre or hire locations.

43. Only 1 voucher can be used per hire transaction. Multiple vouchers per hire will not be accepted.

44. To redeem vouchers, a valid credit card number must be given.

45. Lost, damaged or stolen vouchers will not be re issued.

46. Please make your booking carefully, as we do not refund or re issue vouchers if you cancel your voucher booking.

47. All voucher hires are subject to our standard terms and conditions.

Dollar Value Vouchers

48. The voucher can only be used towards the value of a hire and damage waiver costs

49. If the full value of the voucher is not used on the first hire, a new voucher will be issued for the remaining balance. This will only be issued via your valid email address upon completion of your voucher hire.

50. Late fees, lawnmower damages or any other additional charges incurred in excess of the standard hire and damage waiver costs are not covered by the voucher and will be automatically debited from the credit card provided.

% Discount Vouchers

51. The % discount voucher can be used to extend a hire, but any additional charges incurred during or after the hire will be charged at the standard rates and automatically debited via credit card.

52. Damage Waiver, late fees, lawnmower damages or any other additional costs incurred in excess of the standard hire fee and extending the hire costs are not covered by the voucher and must be paid for with the credit card provided.

53. Discount rounded up to nearest dollar.

IMPORTANT:

HIRER MUST RETURN TO THIS COMPUTER CONSOLE TO RETURN LAWNMOWER.

I hereby agree to the terms and conditions.

Signed:______________________________________________________________