Conditions of Hire

THESE TERMS AND CONDITIONS apply to and form part the Agreement between the hirer and  ( Brisk Fridge Truck Rentals Pty Ltd )for the rental of the Equipment  specified in the a Brisk Fridge Trucks Mobile Coldroom Rental Schedule.

All equipment supplied on hire remains the property of Brisk Fridge Truck Rentals Pty Ltd., hereinafter referred to as the owner.

Equipment includes all goods supplied by the Owner to the Hirer for a fee.

Hiring charges, at the rates specified, shall commence from the commencement of period of hire and shall continue until the period of hire ceases and the vehicle is returned to Brisk Fridge Truck Rentals Pty Ltd.

The hirer shall be responsible for all freight and other charges whether incurred by owner or hirer in respect of delivery, installation and return of Equipment.

Hirer shall be responsible for keeping the Equipment clean and generally maintaining the Equipment in good condition.

All Equipment, as soon as it leaves Owner’s possession or once it is loaded onto hirer’s vehicle, whichever is the earlier, remains the Hirer’s risk until actually returned to Owner’s possession, whether or not that Equipment is to be returned by the Hirer.

The equipment is covered by a restricted comprehensive insurance policy (conditions apply)

where in a $1,000 excess applies for damage incurred by the hirer.

Area of Travel:

A limit of 250 kilometre radius of 84 Boundary Road Rocklea Q 4106 applies.

No Beach Travel, Ferry Travel, Not to be towed with Loaded Products/s.

Hire Charges :

The hirer will be charged for the entire Rental Period, regardless of whether the Vehicle/Equipment is used for the duration of the Rental Period.

The owner will not provide a refund for early return of the equipment.

To extend the Rental Period, the hirer must first obtain the owner’s authorisation, at which point the owner will advise the hirer of the additional costs. Any extension is subject to the Vehicle/Equipment being available.

The extra charges for the extended Rental Period must be paid by credit card over the telephone or at our premises immediately after we confirm the availability of the Vehicle. Security bond:

On the Rental Agreement Hire Start Date, the owner will require the hirer to provide a credit card pre-authorisation for the Security Bond.

The Security Bond will be held as security during the Rental Period and, subject to there being no outstanding charges, returned in full on the Rental Agreement Hire Finish Date.

The hirer shall agree that the owner may deduct from the Security Bond any amounts which become payable under this Agreement.

The hirer shall acknowledge that the Security Bond may not necessarily cover the entire  liability to the owner made  under a Hire Agreement and to the extent that if it does not, the owner will charge the hirer’s credit card for any additional amount which is or becomes payable to us under the Rental Agreement.

The owner takes no responsibility for any theft or damage of any contents held within the equipment and it is the hirer’s responsibility to insure against any theft or damage to any contents regardless of the cause of such damage.

The hirer is responsible for any loss or damage to the equipment which may be lost, stolen, destroyed or expenses of the Hirer or any other person in relation to or arising out of the use or possession of the Equipment by the Hirer or any person under his control during the period.

During the Rental Period, if the Equipment, breaks down or becomes unsafe to use, the Hirer shall:

a) Immediately stop using the equipment;

b) Take all steps to prevent the Equipment from sustaining any further damage:

c) Take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Equipment, and

d) Not repair or attempt to repair the equipment without the Owner’s prior written consen,t

Duty  of Care :

The hirer is responsible to :

Ensure that the tyres are maintained at the manufacturer’s recommended pressure as provided

in the equipment manual.

Follow the owners  directions with respect to operating and maintaining the Refrigeration

Equipment;

Keep the Vehicle/Coldroom locked and the keys under the hirer’s personal control at all

times and produce such keys if the Vehicle has been stolen;

Generally do all things necessary to keep and maintain the Vehicle/Equipment in the

condition specified in the Outgoing Condition Report (fair wear and tear excepted); and

observe all safety and maintenance instructions provided with the Vehicle/Equipment.

During the Rental Period, the hirer must not:

(1) The Hirer shall not see, transfer, assign, part with possession, mortgage, charge or encumber any right or obligation under those conditions of hire without the prior consent of the Owner.

(2) engage in any activity which is likely to have an adverse effect on the safety or condition

of the Vehicle;

(3 )travel on any unsealed roads or in off-road conditions unless authorised by the owner.

(4) carry any flammable, explosive or corrosive materials;

(e)  use the Vehicle to carry a load greater than the Maximum Gross Vehicle Weight.

(f) use the Vehicle other than for which the Vehicle was designed and constructed;

(g) operate the Vehicle in a dangerous manner;

(h) modify the Vehicle without the owner’s consent or use the Vehicle for an illegal purpose.

(i) must not arrange or undertake any repairs or salvage to the Vehicle (whether because of an

accident or breakdown) without the express written authority of us except to the extent that

the repairs or salvage are necessary to prevent further damage to the Vehicle, in which case

the hirer must first attempt to contact the owner by telephone to obtain approval.

It is Hirer’s responsibility to notify the Owner when the Equipment is available for return.

Termination:

The owner may terminate the agreement of the rental and repossess the Equipment;

a) If the Hirer shall fail to pay any hiring charges within the due date

b) If the Hirer does or permits any act or thing to be done to the Equipment by the way of which the Owner’s right to the equipment may be prejudiced.

c) If the Hirer should become or is made insolvent or bankrupt.

For the purpose of repossessing the Equipment the Owner may enter into or upon any premises where the Equipment may be, to recover from the Hirer in respect of any damages or expenses arising out of any action taken under this clause.

The Hirer shall pay the owner hiring charges at the specified rate for the period of the hire up to the time of repossession.