TERMS AND CONDITIONS OF HIRE

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

1. In this document the word "Owner" and “Branxton trailer hire” means Branxton trailer hire ABN 20 345 481 563 and/or its related companies (as defined in the Corporation Act 2001) and/or its agents and the word "trailer" means "trailer, mower and all equipment attached thereto or hired under the hire contract.

2. The Hirer will at or before the commencement of hire inspect and confirm for itself that the trailer is in a good and serviceable condition. Branxton trailer hire reserves the right to exchange the hire item with an equivalent item at any time before and during the booking or hire period.

3. Hirer agrees to insure his/her own property and towing vehicle against loss or damage for any reason whatsoever prior to loading or towing trailer and agrees that no claim for loss or damage to such property or vehicle shall be made against the Owner.

4. The hirer shall use the trailer in a skilful and proper manner and shall not speed or overload it or use it other than for its normal intended purpose. Trailer dimensions advertised are approximate only and if there is any doubt on the capacity required it is recommended to select the next size up. Trailers of 6' x 4' to 8' x 5' sizes must not be used to carry more than 400 kg. The weight of the load must be at least 70% in the front half of the cargo space on the trailer. The hirer must not exceed 80km per hour or less where lower speed limits apply. The hirer acknowledges that the

relevant Australian Transport Authority requires safety chains and proper lights. It is the hirer's responsibility to comply with all applicable rules and regulations including load capacity and operation of the trailer and of the towing car.

The Hirer guarantees that they and any named authorized drivers and any other persons they allow to use the trailer:

(i) have the knowledge, skill and ability required to enable them to carry out the loading and towing of the trailer safely and without incident or accident;

(ii) will take due care by following the safety instructions under these terms and conditions and any other safety instructions or guidelines that the Owner may provide; and

(iii) will follow any other applicable requirements and recommendations for trailer loading and towing issued from time to time by the relevant Australian Transport Authority. The Hirer will not itself and will not allow others to load or tow the trailer without the knowledge, skill and ability required

fulfilling these guarantees.

5. The Hirer agrees that it will not load, tow or otherwise travel with the trailer on any kind of unsealed

road/roadway/laneway or any other transportation route. An unsealed road is defined as a road that does not have a sealed bitumen surface. UNDER NO CIRCUMSTANCES ARE THE TRAILERS TO BE TAKEN ONTO THE BEACH OR SUBMERSED INTO SALT WATER.

6. Secure your load - Hirer agrees to secure all property/goods or stock within the parameters of the trailer so as to ensure that the said loads or part thereof will not under any circumstances part from or leave the trailer during transit or otherwise (see clause 3 above regarding insurance). The Hirer is responsible for the correct and safe connection of the trailer to the towing vehicle. The Hirer will secure their load using suitable tie down materials. (Hirer agrees not to use the winch on the car carrier to secure the load).

7. The Hirer agrees that all fully enclosed trailers (Furniture Vans, Furniture Trailers) are not guaranteed to be waterproof or dust proof and that the hirer is responsible to take precautions to prevent water damage to any goods they enclose within the trailer.

8. Hirer agrees to have coupling attached to the tow vehicle at all times when loading, whilst loaded and during unloading. The jockey wheel is for raising and lowering the trailer and is not to be used to manoeuvre the trailer.

9. Upon completion of the hiring, the trailer must be properly cleaned by the hirer. Trailers returned in a dirty condition in the opinion of the Owner shall be cleaned at the hirer's expense.

10. The hire contract may not be transferred or assigned to any other party without the prior consent in writing of the Owner.

11. The Hirer shall make his own insurance arrangements and assume all responsibility for any loss, damage or liability of or arising from the trailer or vehicle while the trailer or vehicle is in the care and control of the hirer or is being used by the hirer or servants. The trailer is not insured by the Owner against theft or damage while it is outside the Owners possession or control and it is the hirer's responsibility to keep it secure. The Hirer accepts full liability for any costs and expenses of repair or replacement relating to the trailer or vehicle in the event that the trailer or vehicle is lost, stolen or in any way damaged. In the event of damage to the trailer or trailer component, the hirer will be charged at new retail replacement cost of trailer, vehicle or component as the case may be, plus an hourly rate for the owner of a minimum of 3 hours or the time taken to repair or rectify the damage, whichever is longer, at a rate of $110 per hour. The hirer is also required to pay for additional days of hire until all damage is repaired and the trailer is deemed fit for purpose by the owner, or the trailer is replaced and ready for service, whichever the case may be. Additional days of hire resulting from loss or damage will be charged at a rate of $50 for every 24 hour period and will begin at the completion of the original hire period. Should payment relating to section 11 not be received within 7 days of the due date on the invoice the hirer agrees to a late fee of $50 per day that will be charged to the hirer for administrative costs.

12. The Hirer authorises all charges for the hire of the trailer to be charged and debited to the Hirers credit card or debit card along with any credit or debit card surcharge. If the credit or debit card is unable to be charged for any reason it is the hirers responsibility to pay the owner via bank transfer to the owners nominated bank account as soon as possible. For each day payment is not received a fee of $50 per day will be incurred for administrative costs. If the hirer does not know where to direct the money it is the hirers responsibility to contact the owner and obtain the relevant information to make payment. If additional charges are not paid, then further action will be taken to recover monies owed.

13. The Hirer agrees that all additional charges related to the hire of the (including, without limitation, all costs and charges in connection with any breach by the Hirer of the hire agreement and these terms and conditions) will be automatically charged and debited to the Hirers credit or debit card. If the credit or debit card is unable to be charged for any reason it is the hirers responsibility to pay the owner via bank transfer to the owners nominated bank account as soon as possible. For each day payment is not received a fee of $50 per day will be incurred for administrative costs. If the hirer does not know where to direct the money it is the hirers responsibility to contact the owner and obtain the relevant information to make payment. If additional charges are not paid, then further action will be taken to recover monies owed.

14. The Hirer must hold a valid Australian Drivers Licence (and allows for towing of the hired trailer) and confirms that they are the same person as named in the licence provided.

15. 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.

16. On the termination of the period of hiring, the Hirer at his own expense must return the trailer to the “Designated return address” stated under “Acceptance of terms and conditions of hire” or if no such address is so stated to the place of the Owner or its agent from which it was hired. The trailer must be parked in the Site's designated car park/area before the hire will be ended. The hirer acknowledges and agrees to pay in full to Branxton trailer hire the standard trailer recovery fee of $2100.00 should the hirer fail to return the hire item to the designated return address stated under “Acceptance of terms and conditions of hire”.

17. When the trailer cannot be returned by the due time at the expiration of the hiring period (due time) the hirer must advise Branxton trailer hire by calling 0477 957 051 during normal business hours before that due time. The hirer must advise Branxton trailer hire of the estimated time of return and accept charges to the credit or debit card to extend the original hire period, subject to availability. If the credit or debit card is unable to be charged for any reason it is the hirers responsibility to pay the owner via bank transfer to the owners nominated bank account as soon as possible. For each day payment is not received a fee of $50 per day will be incurred for administrative costs. If the hirer does not know where to direct the money it is the hirers responsibility to contact the owner and obtain the relevant information to make payment. Branxton trailer hire reserves the right to refuse an extension and require the trailer to be returned by due date and time. This step terminates the contract between Branxton trailer hire and the Hirer at the date and time advised by Branxton trailer hire. Upon termination of the contract, failure by the hirer to return the trailer will be deemed intent on the part of the hirer to not return the trailer and the Police will be informed and the trailer reported as stolen. When a trailer is not returned by expiration time of the agreed hire period the post due-time period until return of the trailer shall be treated for charging purposes as overdue. The charge for overdue trailers will be 100% of the difference between the charge for the original hire period and the charge for the next available hire period ending when the trailer is returned. Late return not advised as above within 24 hours after the hiring expiry date will be considered as a stolen trailer and the hirer will be liable to prosecution for theft and all charges associated with recovering the trailer.

18. The Hirer authorises Branxton trailer hire to send SMS correspondence to offer extensions, subject to availability.

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

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

(b) Part with possession of the trailer;

(c) Allow any lien to be created in respect of the trailer whether for repairs or otherwise.

20. The hirer acknowledges that the Owner may use satellite tracking devices on any of its hire equipment. The hirer agrees and acknowledges that the Owner and/or its business partners 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.

21. 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.

22. In the event of a trailer breaking down the hirer shall arrange at his own expense, to return it to the Owner or its agent forth with. The period of the hire shall terminate upon such return of the trailer to the Owner or its agent; in no event shall the Owner be responsible for any expenditure damage, liability and/or loss (including, without limitation any consequential or economic loss) incurred by the hirer arising out of any breakdown or failure of the trailer.

23. In the event of the hirer being delayed in returning the trailer, the hirer is required to advise Branxton trailer hire on 0477 957 051 at least 24 hours before the expiry time of the hire period, as stated . If further delay is experienced and the amended return 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 and losses incurred by the Owner (including, without limitation, any consequential or economic loss) arising directly or indirectly in connection with the hirer's failure to provide such timely information.

24. Except to the extent (if any) otherwise provided in the hire agreement the Hirer will be totally responsible for any loss or damage caused to the trailer during the hire period and before its return to the Owner or its agent. In the event of an accident, the hirer will be liable for any costs incurred and all recovery charges to have the trailer returned to the nearest Branxton trailer hire repair location. This includes all towing and storage fees incurred from the date of the accident under these terms for the recovery of and repair of the trailer.

25. INDEMNITY : The Hirer shall indemnify and keep indemnified and save harmless the Owner and the Owner's servants and agents from and against all liability, expenses, 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 trailer (by the Hirer and those for whom it is responsible) or otherwise.

26. LIMITATION 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 trailer orotherwise

27. OPERATION OF CLAUSE: To the extent that clauses 25 and 26 are inconsistent with other clauses,

terms or conditions of the hire contract clauses 25 and 26 shall prevail and override those other provisions to the extent of such inconsistency.

28. 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 the Owner or its agent.

- Hirer agrees to carry a spare wheel for the trailer at all times.

- Hirer agrees to carry a wheel brace and jack at all times,

Branxton trailer hire does not supply these item. The Hirer acknowledges that he is responsible for all punctures and that no claim or refund for tyres will be met without presenting the tyre in question to the Owner or its agent.

29. Late return fees, extended hire charges, trailer recovery charges and all other fees, charges, costs and expenses payable by the Hirer under these terms and conditions and the hire agreement may be debited by the Owner to the Hirers credit or debit card. If the credit or debit card is unable to be charged for any reason, the hirer will be notified and it is the hirers responsibility to pay the owner via bank transfer to the owners nominated bank account. If the hirer does not know where to direct the money it is the hirers responsibility to contact the owner and obtain the relevant information to make payment.

30. Trailers are not to be towed by vehicles with a greater than 4.5 tonne gross vehicle mass (GVM).

31. MAXIMUM LOAD ON CAR CARRIER/TRANSPORTER AND TANDEM CAGES RATED 2000KG GVM IS 1.3 TONES

(1300KG)

32. IMPORTANT TOWING VEHICLE LIMITATIONS

The Aggregate Trailer Mass (i.e. mass of trailer plus load) MUST NOT exceed the maximum towing capacity of the tow vehicle as specified by the vehicle manufacturer. The towing capacity of vehicles is usually provided in the vehicle operator's hand book. Also check towbars manufacturers specification plate on towbar as the two may differ.

33. CAUTION: Trailers fitted with over-ride brakes may not be towed by a vehicle whose unladen weight is less than the total weight of the trailer and any equipment or load on the trailer.

34. A 50mm diameter tow-ball is a standard requirement for all hire trailers.

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

LONG TERM HIRES

36. It is the hirer's responsibility to keep the trailer in a roadworthy condition. If the hirer feels that the trailer requires attention, they are to contact 0477 957 051 to arrange a maintenance inspection as soon as possible.

37. Any faults with the trailer must be reported to Branxton trailer hire during normal business hours, prior to further use of the trailer.

38. Branxton trailer hire reserves the right to exchange the hire item with an equivalent item at any time during the hire period.

39. In the event of a credit or debit card payment being declined, attempts will continue to be made every 24 hours to process due payment. Branxton trailer hire will attempt to make contact with the hirer regarding the overdue payment. If the credit or debit card is unable to be charged for any reason it is the hirers responsibility to pay the owner via bank transfer to the owners nominated bank account as soon as possible. For each day payment is not received a fee of $50 per day will be incurred for administrative costs. If the hirer does not know where to direct the money it is the hirers responsibility to contact the owner and obtain the relevant information to make payment.

40. In the event that Branxton trailer hire is unable to make contact with the hirer and payment has not been honoured, the trailer will be reported stolen to the Police after a period of 24 hours.

41. There is no refund for early return of the trailer.

TOLLS, FINES and ADDITIONAL CHARGES

42. All toll charges, will be charged a $35.00 administration fee plus the value of the toll fee or fine.

43. All penalty and traffic infringement fines (e.g. but not limited to, exceeding speed limit, red light camera and parking fine) will be charged a $100.00 administration fee, plus the value of the fine or penalty applicable.

44. Any changes to bookings such as (but not limited to) time, date, location or size of trailer, will incur a $10.00 change fee.

45. The Hirer authorises Branxton trailer hire to charge its credit or debit card for all such administration charges plus the fee or fine values where applicable without any further authority required by Branxton trailer hire and regardless of who was in possession or control of the trailer when the fee or fine was incurred and regardless of whether the Hirer or any other person intends to appeal or otherwise dispute the fee or fine. If the credit or debit card is unable to be charged for any reason the hirer will be notified and it is the hirers responsibility to pay the owner via bank transfer to the owners nominated bank account as soon as possible. For each day payment is not received a fee of $50 per day will be incurred for administrative costs. If the hirer does not know where to direct the money it is the hirers responsibility to contact the owner and obtain the relevant information to make payment.

REFUND and CANCELLATION POLICY

46. Refunds and Cancellations are subject to the following:

a/. A minimum of 24 hours’ notice must be given on all cancellations prior to the start time and date of the booking.

b/. A holding and cancellation fee of $20 per week (or part thereof) calculated from the time of booking will be deducted from the refund.

c/. Any notice pursuant to this clause is to be made by telephoning 0477 957 051 between the hours of Monday and Friday 6am to 9pm, Saturday 6am to 8.30pm and Sunday 6am to 8pm.

47. There is no refund for any early return of the hired trailer.

48. To the extent permitted by law the Owner shall not be liable to the Hirer or its agents in respect of any breakdown or failure of the trailer.

IMPORTANT INFORMATION ON SAFE OPERATION OF WINCH:

51. Bag instructions: Please place a bag or rag on the cable between the winch and item being winched.

52. Before commencing to load rolling stock/vehicle, tyres are to be inflated to the tyres recommended PSI.

53. Maximum load for Winch is S.W.L. 1000kg, not designed for lifting and keep clear of all moving parts.

54. The winch is not to be used for securing load under any circumstances.

55. The winch is not to be used to unload any rolling stock/vehicle under any circumstances.

56. Before using winch ensure the ratchet on winch is engaged and keep engaged at all times under load.

57. Do not release cable to its full extent.

58. Do not load the trailer unless the area directly behind is clear for 20 metres and load on level ground.

59. If you have any question on the safe operation of the equipment please call us on 0477 957 051

during office hours: Mon-Fri 6.00am to 9pm, Sat 6.00am to 8.30pm and Sun 6.00am to 8pm. Do not use winch if unable to contact office.

ATTENTION: BEFORE STARTING OFF ON YOUR HIRE

60. Safety chains must be attached to tow vehicle correctly.

61. Ensure coupling handle is correctly down.

62. Ensure all lights are working correctly. It is recommended that you drive with your lights on to increase visibility to other drivers while towing.

63. For information or questions on the above contact 0477 957 051 during office hours. If unsure you are not to take trailer and refund will be given. The hirer shall contact Branxton trailer hire immediately should the item fail to meet the hirers expectations.

77. The Hirer indemnifies the Owner from and against (and shall pay upon demand) all costs and expenses (including all legal costs and expenses on a full indemnity basis and also all debt collector commissions, costs and expenses) incurred or suffered by the Owner in or in connection with the enforcement or attempted enforcement of the Owners rights and remedies arising from any breach by the Hirer (or those for whom it is responsible) of these terms and conditions or any other breach of the hire contract and/or incurred or suffered by the Owner in suing for or attempting to sue for and recover any sum due by the Hirer to the Owner under these terms and conditions or otherwise due to the Owner under the hire contract.

78. The Hirer agrees and acknowledges that in regard to all personal information concerning the Hirer provided to or obtained by the Owner, the Owner (and its agents and business partners):

(i) may collect, use, keep and disclose the personal information to any third party for the purposes of administering and enforcing the hire agreement and these terms and conditions (including, without limitation, for debt collection purposes or providing default information to credit reporting agencies) and for the purpose of promotion and marketing of goods or services by the Owner or its business partners or others to the Hirer;

(ii) may collect, use, keep and disclose the personal information to the Owners brokers and insurers providing insurance services either to the Owner or the Hirer incidental to the hire contract or incidental to any loss or damage of the trailer or incidental to any insurance claim (or enforcement of the insurers subrogation rights and remedies) in respect of any such loss or damage; and

(iii) may collect, use, keep and disclose the personal information to the Australian Transport Authority, the Police or any other government departments or agencies for the purposes of seeking information about the Hirer or in connection with any infringement or other law enforcement action taken or considered by such organisations.

OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS FOR TRAILER HIRE

79. As a holder of a current drivers licence, you understand the obligations you have to safely operate your

vehicle on any type of designated or undesignated roadway, or property access-way, in accordance to the

State's Road Safety / Traffic Rules. Our support to your safety is to ensure that you have the basic understanding of your trailer hire. Your trailer hire agent is not an authorised trainer or assessor in safe towing. If at any time you feel that you are not competent to safely attach or tow the trailer, we recommend that you do not hire the trailer at this point and contact an authorised training organisation and/or the relevant Transport authority. Every effort is undertaken to ensure your hire trailer is in roadworthy condition. Please do not use the trailer if there are doubts about it's roadworthiness and report this immediately to the hire agent. As part of the hire program and in addition to the conditions of use, it is your responsibility to report any identified or potential faults with the trailer, immediately or as soon as possible to Branxton trailer hire Branxton trailer hire.

The Hirer hereby certifies and warrants to the Owner that he/she is competent with (and not limited to):

* Correctly connecting and disconnecting the trailer coupling hitch.

* Correctly applying the safety chain connections.

* Correctly applying the trailer light plug connections.

* Conducting light operation checks, prior and after use.

* Ensuring safe load distribution on and off the trailer.

* Ensuring any load is safely secured during loading/unloading activities, or when parked or under tow.

* Correctly securing the jockey wheel when the trailer is both under tow and not undertow.

* Adhering to the maximum load rating allowed for this trailer.

* The braking system of the trailer (if applicable).

* Operating the trailer without over or under inflated tyres.

FOR INFORMATION ON ANY OF THE ABOVE PLEASE CONTACT US ON

0477 957 051 DURING OFFICE HOURS:

MON-FRI 6.00AM TO 9PM, SAT 6.00AM TO 8.30PM, SUN 6.00AM TO 8PM AEST.

IMPORTANT:

HIRER MUST RETURN THE TRAILER TO THE DESIGNATED RETURN ADDRESS TO END THE HIRE.

You choose to accept the Terms and Conditions of hire listed above upon hiring our trailers.

Designated return address: 93 Dalwood Rd, East Branxton