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Queensland Refrigerated Trailer Hire ­ Hire Agreement

1. Agreement The owner agrees to rent and the renter agrees to hire the refrigerated trailer hereinbefore described in this agreement and subject to all the terms and conditions set out herein. 2. Owners Obligations The owner agrees to provide the refrigerated trailer hereinbefore described in good mechanical condition, ordinary wear and tear excepted, and complete with all fixtures and fittings and equipment (all of which are hereinafter collectively called "the refrigerated trailer") to the place and on the date agreed. The said refrigerated trailer is and will at all times remain the property of the owner. 3. Booking of Refrigerated trailer A deposit of $50 will be paid at the time of booking. For bookings made less than 3 months in advance: If the renter cancels this deposit is refundable if hire is cancelled within 5 weeks. 50% is refundable within 3 weeks of hire. No refund if cancelled after that date. For bookings made more than three months in advance: If the renter cancels with more than 3 months notice, the renter will be entitled to a refund. No refund if cancelled after that date. The owner shall not be required to hold the refrigerated trailer for more than 24 hours from the time the hiring period commences unless full payment of rent has been made. If through circumstances of whatsoever nature beyond the control of the owner the refrigerated trailer cannot be supplied on the due date, the owner will substitute a similar refrigerated trailer. If this is not possible the owner will notify the renter ASAP and will refund the deposit in full to the renter. Save for the refund of the deposit no claim or further liability shall lie against or attach to the owner. 4. Condition of Refrigerated Trailer The renter acknowledges that the refrigerated trailer is the property of the owner and that it has been received by the renter in good order and condition. 5. Warranties by Renter The renter warrants that: a. The renter who drives the vehicle towing the refrigerated trailer: i) Has not been convicted of any offence relating to driving a motor vehicle under the influence of liquor or drugs, save as it hereinbefore disclosed. b. Has not been refused motor vehicle insurance c. Holds a current open motor vehicle drivers license valid in QLD and ii) All particulars detailed hereon as to the name, address, age, occupation and the like of the renter are correct. The renter acknowledges that it was upon reliance on the truth of the above representations and those as detailed herein that the owner agreed to enter into this agreement. 6. Renters Obligations a. The renter promises that when driving the motor vehicle towing the refrigerated trailer he will: i. Not use the refrigerated trailer for any illegal purpose or any race or contest or carry more load than that for which the refrigerated trailer was built; ii. Not be under the influence of liquor or drugs or have a blood alcohol content of .05 or more grams per 100 millilitres of blood. iii. Not refuse or fail to undergo a breath or blood analysis when directed by a member of the police force; iv. Not allow the refrigerated trailer to be used for the carriage of passengers for payment of any kind or at all; v. Not abuse or misuse the refrigerated trailer or tow or use it when it is damaged or unsafe; vi. Not use the refrigerated trailer to hold any goods (other than goods for personal use in the ordinary course) or to convey a load incorrectly or improperly loaded or secured; vii. Not without previous written consent of the owner use the refrigerated trailer to carry inflammable liquids, gases or solids have a true flash point under 22.8 degrees centigrade, or any substance or an explosive or corrosive nature; viii. Not allow the refrigerated trailer to be repaired (save for repairing a puncture to any tyre which must be done in a proper and workmanlike manner) without prior approval of the owner not create any lien over the refrigerated trailer not part with possession of the refrigerated trailer; ix. Comply with all statutory obligations applicable in the State or place where the renter is using the refrigerated trailer whether it be in respect of road taxes or otherwise and be responsible for parking violations; x. Advise the owner of any fault which may cause the refrigerated trailer to become unsafe or unroadworthy. Advise the owner of parking or traffic violation offences incurred by the renter whilst towing the refrigerated trailer. xi. If the motor vehicle towing the refrigerated trailer is registered other than in the State of QLD he shall prior to taking possession of the refrigerated trailer effect third party public liability insurance for personal injury or death valid in QLD. b. The renter shall in no circumstances keep in or near the refrigerated trailer animals of any description whether as pets or otherwise. c. The renter shall not interfere with any electrical or refrigeration equipment contained in the refrigerated trailer. d. The renter shall keep the refrigerated trailer in a thorough state of cleanliness and shall not allow any accumulation of useless property or rubbish therein or thereabout and shall at the renter's expense provide for the regular cleaning of the refrigerated trailer. e. The renter shall at his own cost and expense keep the refrigerated trailer free and clear of rodents, termites, cockroaches and other vermin. f. In the event of any infectious disease happening upon or in the refrigerated trailer which may require notification by virtue of any Statute, Regulation or Ordinance the renter shall give all the necessary notices and any other information that may be required in respect thereof to the proper authorities and shall give notice in writing thereof to the owner and shall at the renter's own expense thoroughly fumigate and disinfect the refrigerated trailer. The renter will permit the owner and his servants and/or agents at all reasonable times to enter upon and in the refrigerated trailer and view the condition of same and forthwith execute all repairs and works which the owner considers necessary and if such works are occasioned and/or necessary as a result of a breach of the renter's covenants hereunder then the cost of such works shall be a debt due from the renter to the owner and be forthwith recoverable by action. The renter must use only one in test electrical lead from the electricity source to the refrigerated trailer. The renter must not permit persons under the age of 18 to operate, use or enter the refrigerated trailer. The renter must chock all wheels and ensure the refrigerated trailer is positioned on level ground whilst it is being used as there are no brakes on the refrigerated trailer. Possession & Return of Trailer The owner may determine this agreement and without notice repossess the refrigerated trailer in the event that: The renter is found to be in breach of any term, condition or warranty herein'; or The owner considers on reasonable grounds that the conduct of the renter is likely to affect prejudicially the owner's interest in or the condition of the refrigerated trailer; and may retain all sums paid but without prejudice to any further rights of the owner in respect of any breach of or default by the renter. The renter undertakes that the refrigerated trailer will be returned to the owner at the place, date and time specified on the face hereof or during any extension of time authorized by the owner on the face hereof in the same condition (save for ordinary wear and as herein otherwise expressly provided) as when received. Provided that always in the event the renter fails to return the refrigerated trailer in such condition at the specified place, date and time unless the owner agrees to extend the period of rental an amount equal to all sums of money not received by the owner from any source whatsoever as a result of the loss of the use of the refrigerated trailer suffered by the owner arising from any cause whatsoever and whether due to negligence or other default of the renter or not. The renter undertakes not to remove the refrigerated trailer outside the area of use as acknowledged by the renter in appropriate frame on the face hereof. Where the renter has agreed as is evidenced on the face hereof that the refrigerated trailer shall remain at a stated refrigerated trailer site then same shall not be removed from that particular site nominated without the express written authority of the owner first had and obtained. If the renter fails to return the refrigerated trailer to the owner within four hours from the due time required hereunder (proof of any agreed extension being upon the renter) then the renter shall be deemed to have wrongfully converted the refrigerated trailer to his own use and to be using the same unlawfully in which case the owner is hereby authorised (but without prejudice to the right of the owner to sue the renter for all monies due and owing hereunder) to report the refrigerated trailer as being stolen or as being unlawfully used by the renter to any Police Officer in Australia or elsewhere and to make or swear a complaint to that effect before any Justice and/or to advertise the refrigerated trailer as having being stolen in newspapers and elsewhere and neither the owner nor any such publisher shall be liable for any claims, actions or proceedings brought by the renter in respect thereof and the renter agrees to indemnify the owner and publisher against all such claims. Where this agreement is determined for whatever reason the renter appoints the owner his agent (which appointment is revocable) to enter upon any land where the refrigerated trailer may be situated for the purpose of obtained re-possession of the refrigerated trailer. All costs of whatsoever nature associated with the recovery of the refrigerated trailer shall be borne by the renter and any expenses incurred by the owner shall be forthwith recoverable from the renter by action as a debt due. Responsibility for Damage The renter shall be responsible for all damage of whatsoever nature occasioned to the refrigerated trailer immediately upon his taking possession of same which possession shall be deemed to be taken immediately the refrigerated trailer has been towed or commenced to be towed from the owner's business premises. Without in any way limiting the damage the renter shall be responsible for same shall include inter alia: All tyre damage not attributed to normal wear and tear such as stalked, scuffed and any other abnormal damage All under carriage damage All body damage All suspension, chassis axels, wheels and other damage caused by misuse or abuse The loss of or any damage to the awning, spare wheel, tools, jack, equipment and fixtures and fittings of the refrigerated trailer. Overhead damage to the refrigerated trailer caused by its failure to clear low trees, bridges or other objects

g.

h. i. j.

7. a. i. ii.

b.

c. d.

e.

f.

8. (a)

i) ii) iii) iv) v) vi)

Version: 1.0, July 2010

Queensland Refrigerated Trailer Hire ­ Hire Agreement

9. (a) Owner's Liability The owner shall not be under any liability: To the renter for any loss or damage for the delay through breakdown, mechanical defect or accident or by reason of the refrigerated trailer being unsuitable for the purposes of the renter: or (i) To any person whomsoever for any loss or damage to any property stolen from the refrigerated trailer or damaged or otherwise lost during the hiring or left in the refrigerated trailer after the return of the refrigerated trailer to the owner (ii) And the renter hereby agrees to indemnify and keep indemnified the owner in respect of all claims, demands and actions for and against the owner in respect thereof. (iii) The owner gives no warranty except those implied by law as to the condition of the refrigerated trailer but nothing herein restricts the renter from exercising his rights and remedies under those laws. Where any such laws permit the owner to limit liability for a breach of implied condition or warranty the owner limits liability to replacement, repair or resupply and in particular the owner is not liable for any indirect or consequential loss or damage. To the renter: for any loss or damage by whatever means to any of the renters property in the refrigerated trailer at any time. Claims and Proceedings Where use of the refrigerated trailer by the renter results in any claim, accident, damage or loss, the renter: Will report such incident, in writing to the owner within 24 hours after the event; Will not without the written consent of the owner make or give any offer, promise of payment settlement, waiver, release, indemnity or admission of liability; Agrees the owner or its insurer (if any) may at its own cost bring, defend, or settle any legal proceeding against third parties: Will complete and furnish statements and other assistance which the owner or its insurer (if any) may reasonably require including attending at lawyers offices and at court to give evidence Payment of Charges and Damage The renter agrees to pay the owner on demand: All charges and other moneys payable by the renter hereunder: A sum equal to the amount of all loss of or damage to the refrigerated trailer during the period of hire; All fines and penalties paid or payable by the owner in respect of traffic parking and other offences committed by the renter; All tolls, levies charges and the like made or imposed by any state or federal government authority, department or other body and whether by act, regulation, agreement or otherwise in respect of any government control area, bridges, highways or airports, Any stamp duty payable on this agreement General The law of the State of Queensland is the proper law of the this agreement and this agreement is and is deemed to be made in such state If any term, covenant or condition of these presents or the application thereof to any person or circumstance shall be or become invalid or unenforceable the remaining terms, covenants, and conditions shall not be effected thereby and each term, covenant and condition of these presents shall be valid and enforceable to its fullest extent permitted by law. GST Regardless of any other provision of this agreement if a goods and services tax or similar value added tax (GST) is imposed on any supply made to the renter under or in accordance with this agreement the amount the renter must pay for that supply is increased by the amount of that GST. I agree to the Terms and Conditions on page 1 and 2 above: Yes No

Name of Renter: _____________________________________________________ Signature of Renter: __________________________________________________ Date of agreement: ___________________________________________________ Please read carefully and sign the Hire Agreement above and either scan and email or fax to the following: Email: [email protected] Fax: 54562489 Contact us on 0437 37 43 43 for alternative arrangement The deposit of $50 is due at the time of booking accompanying this signed agreement.

(b)

10.

(a) (b) (c) (d)

11. (a) (b) (c) (d)

(e) 12. (a) (b)

13.

Version: 1.0, July 2010

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