INTERACTIVE TECHNOLOGIES GROUP
ABN 52 927 024 933
Trailer Rental Terms and Conditions
1.1 Rental Contract
Your contract to hire a Trailer from Us (Rental Contract) consists of:
(a) the agreement (Rental Agreement) You have signed to hire the Trailer from Us;
(b) the Handover Inspection Report; and
(c) these rental Terms and Conditions (Terms and Conditions),
and together they create binding and enforceable legal obligations.
1.2 Jurisdiction
The Rental Contract is governed by the laws of Queensland and You agree that courts in that state or territory have non-
exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3 The Australian Consumer Law
You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.
1.4 Electronic signatures
We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract. A
1.5 Amending these Terms and Conditions
We may amend these Terms and Conditions by providing You with 30 days' notice in writing. If You do not accept the
amendments or replacement, You must return the Trailer prior to the end of the 30 day period
⚠ IMPORTANT NOTICE
A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 10 for further details.
2.1 Authorised Drivers
The Trailer can only be towed by a Towing Vehicle driven by You or an Authorised Driver. It is a Major Breach of the
Rental Contract if You let anyone who is unauthorised tow the Trailer.
2.2 Age limits
We set a minimum and maximum age limit for those renting Our Trailers. You and any Authorised Driver must be at least 21 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.
2.3 Licence requirements
(a) You and any Authorised Driver must also have a valid licence to drive the Towing Vehicle which is:
(i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or approved translation into English if Your licence is not issued in English); and
(ii) not subject to any restriction or condition.
(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not tow the Trailer.
2.4 Cancelled and suspended licences
The Towing Vehicle must not be driven:
(a) whilst Your driver's licence is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b) if Your licence has been cancelled or suspended, within 2 years of the date of the Rental Agreement.
2.5 False information
The Towing Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.
⚠ IMPORTANT NOTICE
A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 10 for further details.
3.1 Prohibited driving
The Trailer must not be towed by a Towing Vehicle driven by You or any Authorised Driver:
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(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst the Trailer is damaged or unsafe.
3.2 Prohibited conduct
You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Trailer:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to carry illegal drugs or substances;
(iv) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
(v) in an unsafe or un-roadworthy condition.
3.3 Prohibited actions
You and any Authorised Driver must not:
(a) damage the Trailer deliberately or recklessly or allow anyone else to do so;
(b) modify the Trailer in any way;
(c) sell, rent, lease or dispose of the Trailer; or
(d) register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009.
3.4 Excess loads
You and any Authorised Driver must not use the Trailer to carry any load that exceeds the limits for which the Trailer was
designed, constructed, registered or licenced.
⚠ IMPORTANT NOTICE
A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 10 for further details.
4.1 Prohibited roads
The Trailer must never be towed on:
(a) an Unsealed Road;
(b) Off Road; or
(c) in any area where snow has fallen or is likely to fall.
4.2 Prohibited areas
The Trailer must not be used in any area that is prohibited by Us. Prohibited areas include:
(a) roads that are prone to flooding or are flooded;
(b) beaches, streams, rivers, creeks, dams and floodwaters;
(c) any road where the police or an authority has issued a warning;
(d) any road that is closed; and
(e) any road where it would be unsafe to drive the Trailer.
⚠ IMPORTANT NOTICE
A breach of any part of sub-clauses 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, or 5.10 is a Major Breach of the Rental Contract. See
clause 10 for further details.
5.1 Booking confirmation
A non-refundable booking fee of $25 applies to secure Your reservation, which will be deducted from the total Rental Charges payable of the rental proceeds.
5.2 Start of the Rental
At the Start of the Rental and before collecting the Trailer You must:
(a) (b)
(c)
present Your driver's licence and that of any Authorised Driver and permit copies or a photo of the drivers' licences to be made and kept by Us; and
fully inspect the Trailer to ensure that the condition of the Trailer and any pre-existing damage is accurately noted and shown in the Rental Agreement and if there is any discrepancy You must notify Us prior to leaving the Rental Location; and
pay the anticipated Rental Charges and the Security Deposit.
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5.3 Security Deposit
(a) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You ten (10) Business Days after the End of the Rental provided that:
(i) all amounts due to Us under the Rental Contract have been paid;
(ii) the Trailer has been returned to the Rental Location at the date and time set in the Rental Agreement;
(iii) there is no Damage, including smashed lights, missing hitch pins, stone chips, worn tyres (including flat spots from braking too hard) or not having a brake controller set correctly;
(iv) the Trailer is clean; and
(v) there has not been a Major Breach of the Rental Contract,
(b) If at the End of the Rental You fail to pay any of the amounts in clause 5.3(a) for which You are liable, We will apply the Security Deposit against those outstanding amounts.
5.4 Reasonable care
You and any Authorised Driver must take reasonable care of the Trailer by:
(a) preventing it from being damaged;
(b) making sure that it is protected from the weather;
(c) maintaining the tyre pressures; and
(d) making sure it is not overloaded.
5.5 Operating the Trailer
(a) Safety is paramount when towing a Trailer. Before and during Your use of the Trailer You must ensure:
(i) the weight of the load is at least 60% in the front half of the cargo space on the Trailer or, if towing a car, that it is evenly distributed;
(ii) the Aggregate Trailer Mass (Trailer plus load unhitched) does not exceed the lesser of the Towing Vehicle manufacturer's recommended maximum towing mass or the Towing Vehicle's towbar rating. (The towing capacity of vehicles is usually provided in the vehicle operator's handbook and You must also check the towbar’s manufacturer's specification plate on the towbar as the two may differ);
(iii) the Trailer is correctly and safely connected to the Towing Vehicle and the safety chains are correctly fitted;
(iv) the coupling is attached to the Towing Vehicle at all times when loading, whilst loaded and during unloading, and You acknowledge the jockey wheel is for raising and lowering the Trailer and must not be used to manoeuvre the Trailer;
(v) the coupling handle is correctly down;
(vi) the Trailer's tyres are inflated to the recommended PSI; and
(vii) the Trailer lights are working correctly;
(b) You must secure any property, goods, stock or equipment carried in the Trailer and use suitable tie down materials to ensure that under no circumstances will they fall from the Trailer during transit;
(c) You must comply with all road rules and regulations and You are always responsible for the correct and safe handling of the Trailer.
(d) You must not load the Trailer unless the area directly behind is clear for 20 metres and You must load it on level ground.
5.6 Car Trailer requirements
When carrying cars You must ensure:
(a) that once loaded You apply the car's handbrake and engage 'Park' or, for manual transmissions, engage a low gear; and
(b) ensure that the car is securely fastened to the Trailer using the straps provided.
5.7 Motorcycle Trailer requirements
You must ensure that any motorcycle carried on this purpose built trailer is securely fastened using the straps provided and that the weight of the load carried does not exceed the Trailer's maximum carrying capacity of 750 kilograms.
5.8 Occupational Health and Safety Requirements
(a) As the holder of a current drivers' licence, You understand and acknowledge the obligation You have to safely operate the Trailer on any type of designated or undesignated roadway, or property access way, in accordance to the state or territory road safety rules that apply to Your rental.
(b) Every effort is undertaken to ensure that the Trailer is in a safe and roadworthy condition but You must not use the Trailer if there are any doubts about its safety or roadworthiness and You must report this to Us immediately.
5.9 Notification of Trailer Fault
You must inform Us immediately if the Trailer develops any fault during the Rental Period. If You fail to notify Us and
continue to use the Trailer You will be responsible for any Damage or Third Party Loss.
5.10 Repair without authority prohibited
You must not let anyone else repair or work on the Trailer or tow or salvage it without Our prior written authority to do so.
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5.11 Repair with authority
Where We have given You Our prior authority to repair the Trailer You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
5.12 Staying with the Trailer after an Accident
You must not leave the Trailer unattended following an Accident and before the arrival of a tow or salvage operator.
6.1 No Damage of insurance cover
(a) You are fully responsible to use the Trailer safely and for its intended purpose.
(b) There is no insurance or damage cover included in the Rental Contract and the Trailer is used by You and any Authorised Driver at Your own risk.
(c) If You have comprehensive insurance on the Towing Vehicle You should check with Your insurer as to whether the Trailer is covered for Damage and if not You do not have insurance or damage cover for the Trailer and You should be aware that You operate the Trailer at Your own risk.
(d) We are not responsible for any Damage caused to Your property or the property of any third party resulting from Your use of the Trailer.
(e) We strongly recommend that You obtain Your own insurance cover that provides:
(i) cover for You and any Authorised Driver for Damage to the Trailer and the Trailer's market value if it is stolen and not recovered or written off as a result of an Accident; and
(ii) indemnity to You or any Authorised Driver for any claim for Third Party Loss arising from an Accident that occurs during the Rental Period.
6.2 Damage to the Trailer
(a) You must pay in full for all Damage to the Trailer, whether accidental, or resulting from any other cause, including
weather and cyclonic events.
(b) If the Damage to the Trailer is repairable, You must pay Us the full Damage cost but if the Damage is so substantial that it is not repairable or the Trailer is lost or stolen and not recovered, You must pay Us for the replacement cost of the Trailer.
6.3 Replacement costs
For the purposes of clause 6.2 the replacement costs are:
(a) car trailer: $10,000; and ramps $250 each ramp
(b) bike trailer: $2,500.
6.4 Third Party Loss
Because there is no damage cover or insurance cover for any Third Party Loss, if there is any claim for Third Party Loss arising from Your use of the Trailer during the Rental Period You are liable for and must pay for any and all third party liability that arises from that use.
6.5 Indemnity
You indemnify Us and agree to keep Us indemnified against any loss, claim, damage, liability, action or legal proceedings and all costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) for Damage to the Trailer and any claim made for Third Party Loss.
6.6 Personal items
There is also no Damage or insurance cover for personal items that are carried, left in or stolen from the Trailer or for loss
or damage to property belonging to or in the custody of:
(a) You;
(b) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
(c) any relative, friend or associate of an Authorised Driver; or
(d) Your employees.
7.1 Your Rental
Your rental of the Trailer from Us is for the Rental Period and at the rate shown in the Rental Agreement.
7.2 Extending the Rental Period
(a) We understand that circumstances change and that You may require the Trailer for longer than the Rental
Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.
(b) If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension,
and fail to return the Trailer on the scheduled date and at the time shown in the Rental Agreement, We may:
(i) terminate the Rental Contract; and
(ii) if the location of the Trailer is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Trailer as stolen to the Police.
7.3 Cancellation and 'No Show'
(a) You will be charged the Rental Charges for the Rental Period as booked if:
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(i) Your booking is cancelled within 24 hours prior to the Start of the Rental; or
(ii) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Trailer,
unless We are able to rent the Trailer to another renter for an equivalent term and rate.
(b) A cancellation is not effective until acknowledged and confirmed by Us.
7.4 Return of the Trailer
(a) You must return the Trailer:
(i) to the Rental Location;
(ii) on the date and by the time shown in the Rental Agreement;
(iii) in a reasonable state of cleanliness; and
(iv) in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted.
(b) If You return the Trailer:
(i) earlier than the date shown in the Rental Agreement there is no entitlement to a refund;
(ii) more than one hour after the date and time set for its return in the Rental Agreement, We will charge You one full day's rental and a further full day's rental at the standard rate for each 24 hour period or part thereof until the Trailer is returned to Us; or
(iii) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Location next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.
7.5 Post rental inspection procedure
(a) We will take reasonable steps to conduct a post rental inspection in Your presence;
(b) If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within four (4) business hours; and
(c) if Damage is detected, We will notify You as soon as it is reasonably practical to do so.
7.6 Tolls, fines and infringements
(a) You and any Authorised Driver must pay:
(i) all tolls;
(ii) fines or charges imposed for parking;
(iii) infringements and fines imposed for speeding and other driving offences; and
(iv) fines or charges imposed for release of the Trailer if it has been seized by a regulatory authority.
(b) An administrative fee applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.
7.7 End of the Rental
At the End of the Rental You must pay:
(a) the balance of the Rental Charges;
(b) Damage and any Third Party Loss as a result of an Accident or the theft of the Trailer; and
(c) any costs We incur, including extra cleaning costs in reinstating the Trailer to the same condition it was in at the Start of the Rental, fair wear and tear excluded.
7.8 Credit card authority
If any amount is due to Us or remains unpaid, including:
(a) the Rental Charges;
(b) extra cleaning costs; or
(c) any amount payable for Damage to the Trailer or because of its theft,
You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.
7.9 Default in payment
If You default in the payment of any moneys owed to Us under the Rental Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
8.1 Acceptable quality
(a) We will provide You with a Trailer that is of acceptable quality and in good working condition taking into account the age of the Trailer but breakdowns do occur.
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(b) If the Trailer breaks down during the Rental Period You must contact Us to arrange assistance. We will recover and repair the Trailer as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Trailer where one is available.
8.2 Consequential loss
Subject to the Australian Consumer Law, We are not responsible for:
(a) loss of enjoyment; or
(b) consequential or economic loss.
8.3 Flat tyres
We are also not responsible for wheel or tyre changing.
⚠ IMPORTANT NOTICE
A breach of any part of this clause 9 is a Major Breach of the Rental Contract. See clause 10 for further details.
9.1 Reporting an Accident to Us
If You or an Authorised Driver has an Accident or if the Trailer is stolen You must report the Accident or theft to Us within
24 hours of it occurring and fully complete an Accident/Theft report form.
9.2 Reporting an Accident to the police
If the Trailer is stolen or if You or an Authorised Driver of the Trailer has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.
9.3 Steps You must take following an Accident
If You or an Authorised Driver has an Accident You and the Authorised Driver must:
(a) exchange names and addresses and telephone numbers with the other driver;
(b) take the registration numbers of all vehicles involved;
(c) take as many photos as is reasonable showing:
(i) the position of all vehicles before they are moved for towing or salvage;
(ii) the Damage to the Trailer;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(d) obtain the names, addresses and phone numbers of all witnesses;
9.4 Subsequent assistance
Subsequent to the Accident of theft You and any Authorised Driver must:
(a) forward all third party correspondence or court documents to Us within seven (7) days of receipt;
(b) co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or Our investigator may reasonably request within seven (7) days of receipt of such a request; and
(c) co-operate with Us in the prosecution of any legal proceedings that We may institute or the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer's office; and
(ii) any Court hearing.
9.5 What You must not do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) make any offer or promise to pay or settle any claim for Third Party Loss; or
agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft of attempted theft.
10.1 Major Breach
A Major Breach of the Hire Contract occurs if there is a breach of any of the following clauses:
(a) (b) (c) (d) (e) (f)
2 (authorised drivers);
3 (prohibited use);
4 (prohibited areas of use); 5.4 (reasonable care);
5.5 (operating the Trailer); 5.6 (car trailer requirements)
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(g) 5.7 (motorcycle trailer requirements)
(h) 5.8 (occupational health and safety);
(i) 5.9 (notification of fault), or
(j) 5.10 (repair without authority),
that causes Damage, theft of the Trailer or Third Party Loss;
(k) 9 (all parts) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
(l) 12.4(c) (removal or tampering with the Tracking Device).
10.2 Termination and repossession
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Trailer if:
(a) there has been a Major Breach;
(b) the Towing Vehicle has been driven in a reckless manner whilst towing the Trailer, so that a substantial breach of road safety legislation has occurred;
(c) the Trailer has been illegally parked for longer than 24 hours; or
(d) the Trailer is apparently abandoned.
11.1 Interest is as bailee only
You have no right to, or interest in, the Trailer other than as a bailee and You must not endeavour to obtain any other
right or interest by Yourself or Your nominee.
11.2 Security Interest
You acknowledge that:
(a) the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Trailer;
(b) We have a Security Interest in the Trailer and the Trailer will at all times remain subject to that Security Interest; and
(c) We may register the Security Interest on the Personal Property Securities Register.
⚠ IMPORTANT NOTICE
A breach of any part of clause 12.4(c) is a Major Breach of the Rental Contract. See clause 10 for further details.
12.1 Personal information
(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where
doing so would be contrary to law.
(b) When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.
12.2 Accuracy and protection of personal information
We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is
protected from misuse, loss or unauthorised access, modification or disclosure.
12.3 Interactions may be recorded
We reserve the right to have all interactions with You recorded via body cams and dash cams should We deem this reasonably necessary.
12.4 Tracking Device
(a) To maintain and protect the Trailer We may fit a Tracking Device to track the Trailer's movements and location.
(b) Information from the Tracking Device may be used during and after the Rental Period. When You sign the Rental Agreement, You expressly consent to Us:
(i) using the Tracking Device on the Trailer during the Rental Period; and
(ii) collecting, using and retaining information from the Tracking Device for the purposes referred to in clause 12.4(a).
(c) You must not tamper with the Tracking Device or remove it from the Trailer.
13.1 Definitions
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Trailer and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; or
(c) a weather event, including hail Damage,
that results in Damage or Third Party Loss.
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Authorised Driver means any driver of the Towing Vehicle who is approved by Us to tow the Trailer and who is recorded on the Rental Agreement prior to the Start of the Rental.
Damage means:
(a) any loss or damage to the Trailer including its parts, components and accessories, including the GPS unit, that is
not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees;
(d) claims administration fee; and
(e) Loss of Use,
and for the removal of doubt, any Damage to the Trailer that makes it unroadworthy is not fair wear and tear.
End of the Rental means the date and time shown in the Rental Agreement or the date and time the Trailer is returned to Us, whichever is the later.
Handover Inspection Report means the document that shows the condition of the Trailer and lists any Damage at the time of the inspection.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Trailer is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach has the meaning in clause 10.1.
Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.
Rental Charges means the charges payable for renting the Trailer from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Location means the location from which the Trailer is rented, as shown on the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of
the Rental.
Security Bond means the amount We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental.
Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement. The Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Towing Vehicle means the Vehicle described on the Rental Agreement as the vehicle that will tow the Trailer. Tracking Device means a GPS or other device that is fitted to the Trailer that has electronic tracking capabilities to
determine its location and other data.
Trailer means the Trailer described in the Rental Agreement and includes its parts, components and accessories.
Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
We, Us, Our, means Chad Gilmour trading as Interactive Technologies Group ABN 52 927 024 933.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Trailer
from Us and whose name is shown in the Rental Agreement. 13.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires:
(a) (b)
headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and
where You comprises two or more persons each is bound jointly and severally.
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