Legal

1. The Hire Agreement

When You hire a Tipper Truck, Vehicle or 4 Wheel Drive from Tacex Hire, these additional “Special Terms of Hire” in addition to the Tacex Hire Agreement form Your Hire Agreement.

Terms used in these Special Terms of use Tipper Trucks and Vehicles have the same meaning as those used in the Terms of the Tacex Hire Agreement unless indicated otherwise.

2. Interpretation of Words in this Contract

“Accessory” – means any equipment set out in the Hire Schedule, including (as applicable) any global positioning system receiver or similar device, dash cam, rotating beacon, or similar equipment; means the fee payable by You to Tacex Hire for the addition of an Authorised Driver aside from You;

“Authorised Driver” – means You and any additional driver who is:

Your spouse;

• Your spouse, your employer, employee, fellow employee or partner if it is disclosed by You to Tacex Hire that the Vehicle is rented for business purposes; or
• added to Your rental as an additional Authorised Driver using the additional drivers form or Hire Schedule;

“Fair Wear and Tear” – as described in the Tacex Hire Fair Wear and Tear Guide – “Rental Vehicles” and does not include damage.

“GVM” – is the Gross Vehicle Mass indicated via a manufacturers placard on each Vehicle in the Tacex Hire fleet

“Late Return Charge” – means a single charge payable by You if You do not return the Vehicle on the date and by the time shown on the Hire Schedule or an alternative return date and time as agreed with Tacex Hire.

“Manufacturer’s Specifications” – means the specifications by the manufacturer of the Vehicle as set out in the Vehicle’s operations manual located in the glove box of the Vehicle.

“Overhead Damage” means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the front and back windscreens, damage to the box section of a commercial vehicle above the front windscreen or damage to third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person
standing or sitting on the roof of the Vehicle.

“One-way fee” – is a charge for collection of a hired vehicle at one Tacex hire location and a return to an alternative Tacex Hire location.

“Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while using the Vehicle as a substitute for the vehicle insured under that policy;

“Terrorist Act” has the meaning in section 100.1 of the Criminal Code Act 1995 (Cth) as of 1 March 2018;

“Tipper Truck” the meaning includes a vehicle which may be register as having a GVM of 4500kg and can be driven with a Class C licence or may have a GVM greater than 4500kg requiring the use of a Truck licence. The Tipper function of the tray may be single, or tri tip hydraulically operated.

“Underbody Damage” – means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Tacex Hire considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage;

“Vehicle” – means the vehicle described on the Hire Schedule (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by Tacex Hire unless the context requires otherwise;

“Windscreen & Tyre Protection” – is available at selected locations and reduces your potential liability to Tacex Hire for damage to the Vehicle’s windscreen, windows and tyres. The cover protects you for damage to your Vehicle’s windscreen, front or back windscreens, and all side window glass and tyres, which means all four tyres, including the spare tyre. The exclusions to this coverage are Vehicle mirrors, headlights, any part of the wheel (i.e.hubcap, rim and alloy wheels) or using the Vehicle in breach of these terms and conditions.

4WD means a Vehicle with a four wheel drive transmission system that can be engaged in four-wheel drive mode.

3. DRIVER

3.1 You agree and acknowledge that:

3.1.1 Only You or an Authorised Driver will drive the Vehicle; and

3.1.2 You and any Authorised Driver hold a current and valid licence (not being a learner’s licence or provisional licence) to drive the Vehicle that you or an unauthorised driver have been licensed to drive vehicles of the same category as the Vehicle for at least 12 consecutive months immediately prior to signing the Hire Schedule.

3.1.3 You are responsible for the acts and omissions of each Authorised Driver and any other person You or an Authorised Driver allows to drive the Vehicle and neither You nor any unauthorised driver will have the benefit of the Damage Waiver option or Excess Reduction option (if accepted or included in Your Rental Charges) if

3.1.3.1 You or an Authorised Driver allows an unauthorised driver to drive the Vehicle and that
unauthorised driver causes loss of/or damage to the Vehicle, or damage to the property of a
third party.

3.2 To add an additional Authorised Driver, You must pay the Additional Driver Fee. The additional Authorised Driver must provide to Tacex Hire a copy of a current and valid licence confirming that the additional Authorised Driver is authorised to drive the Vehicle during the period stated in the Hire Schedule.

4. Where You Can and Cannot Drive The Vehicle

4.1 You and any Authorised Driver must only use the Vehicle:

4.1.1 on a road which is properly formed and constructed as a sealed, metalled or gravel road (unless the Vehicle is a 4-wheel drive (4WD) Vehicle where it may only be used on graded, unsealed roads where You have written authorisation from Tacex Hire);

4.1.2 You and any Authorised Driver must not use the Vehicle off road (e.g. on a fire trail, beach, track, grassed area or to cross streams or any other body of water) unless You have written authorisation from Tacex Hire.

4.2 You and any Authorised Driver must not, unless authorised in writing by Tacex Hire, drive or take the Vehicle:

4.2.1 To Kangaroo Island; however, if so authorised in writing by Tacex Hire, You and any Authorised Driver must not drive the Vehicle between dusk and dawn outside town limits;

4.2.2 Into or out of the Northern Territory, Western Australia or Tasmania;

4.2.3 In the snow (at anytime and anywhere (including Tasmania));

4.2.4 Above the snow line in:

4.2.4.1 New South Wales (being Jindabyne); or

4.2.4.2 Victoria (being Bright), from the beginning of June until the end of September.

4.2.4.3 on beaches or through streams, dams, rivers or flood waters;

4.2.4.4 airside on any airport in Australia unless You have authorisation from Tacex Hire in writing

5. Use of The Vehicle

5.1.1 use, or allow the Vehicle to be used, to push anything;

5.1.2 Do not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint, in the manner in which it should be used;

5.1.3 Do not be under the influence of alcohol, drugs or have a blood alcohol that exceeds the legal limit in the State or Territory in which the Vehicle is driven;

5.1.4 Do not, without Tacex Hire’s prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;

5.1.5 Do not use the Vehicle when it is damaged or unsafe;

5.1.6 provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained Tacex Hire’s prior written consent to do so;

5.1.7 Do not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at your own cost)and in accordance with the Manufacturer’s Specifications and Tacex Hire’s recommendations;

5.1.8 Do not smoke within the Vehicle or allow any other person to smoke within the Vehicle at any time;

5.1.9 Do not without Tacex Hire’s prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22°C or any other explosive or corrosive substances;

5.1.10 Do not use the Vehicle to prepare, commit or assist in any Terrorist Act;

5.1.11 if the Vehicle is fitted with a tow bar and towing is undertaken it shall be in accordance with the Manufacturer’s Specifications and the limitations of the tow ball shown via the ID placard and Tacex Hire’s recommendations; and

5.1.12 Do not use the Vehicle in contravention of any law of the governing state in which the vehicle is operated.

6. Use of Tipper function on Trucks

6.1 The Use of the tipper requires special attention to obstacles above the roofline of the truck along with confirmation of stable ground prior to activation of tipper function.

6.1.1 Damage caused to the tipper tray, hydraulics, roof or third party damage to property are not covered by Damage waiver Tacex Plus (DWTP);

6.1.2 Refer to tacexhire.com.au for safety operational videos for Tipper use.

7. Maintenance, Security and Cleaning

7.1 You and any Authorised Driver must:

7.1.1 Maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that Tacex Hire has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;

7.1.2 Keep the Vehicle locked when it is unattended and the keys in your possession or the Authorised Driver’s possession at all times; and

7.1.3 Comply with all applicable seat belt and child restraint laws.

7.1.3.1 Tacex Hire will provide 24 hour roadside assistance for all mechanical faults (as reasonably determined by Tacex Hire or its authorised repairer) at no additional cost on the provision that the fault does not arise as a result of any unauthorised use of the Vehicle by you. You acknowledge that Tacex Hire may from time to time receive telemetry data from device-equipped vehicles where driver monitoring is enabled, including fuel levels, distance, speed, vehicle location data (including the longitude and latitude and direction of travel), vehicle damage detection data, vehicle diagnostic information (such as advice)

7.2 You and any Authorised Driver must:

7.2.1 Maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications, provided that Tacex Hire has provided the Vehicle to You with engine oils and engine coolant at levels which reflect the Manufacturer’s Specifications;

7.2.2 Keep the Vehicle locked when it is unattended and the keys under Your or the Authorised Driver’s personal control at all times; and

7.2.3 Comply with all applicable seat belt and child restraint laws.

7.2.4 Tacex Hire will provide 24 hour roadside assistance for all mechanical faults (as reasonably determined by Tacex Hire or its authorised repairer) at no additional cost provided that the fault does not arise as a result of any unauthorised use of the Vehicle.

7.2.5 You acknowledge that Tacex Hire may from time to time receive telemetry data from device-equipped vehicles where driver monitoring is enabled, including fuel levels, distance, speed, vehicle location data (including the longitude and latitude and direction of travel), vehicle damage detection data, vehicle diagnostic information (such as advice that the engine warning light has activated), braking, acceleration and cornering data.

7.2.6 For each roadside assistance callout for a fault or incident caused by Your act or omission (including, but not limited to emergency refuelling (up to an amount required to reach the nearest petrol station), a tire-related incident, lost keys, keys locked in vehicle, or a flat battery due to lights or other electrical equipment being left on), You will be charged the Roadside Callout Fee, unless You have purchased Roadside Assistance Cover.

7.2.6.1 Roadside Assistance Cover does not apply if the vehicle has been used in breach of clause 3 or 4 or in respect of any additional amount(s) payable under clauses 8

7.2.6.2 You must not have repairs to the Vehicle carried out unless Tacex Hire authorises you to do so in writing. Tacex Hire requires verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt from the repairer to assist Tacex Hire. Tacex Hire will reimburse you for any repairs to the Vehicle authorised by Tacex Hire in writing, provided that Tacex Hire can verify the cost of those repairs. To the extent that Tacex Hire cannot verify the cost of repairs, Tacex Hire will not reimburse you.

7.2.6.3 If You or another person has been using the Vehicle during the Rental Period and returned the Vehicle in an excessively poor condition (excluding Fair Wear and Tear); You may be required to pay the cost of any professional cleaning or odour extraction reasonably incurred by Tacex Hire and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.

7.1.3.7 If you or another person authorised to operate the vehicle returns the vehicle with damaged seats and//or damaged upholstery you may be required to pay costs associated with repair or replacement of fabrics and other fees associated with administering or organising repair services.

8. Return of Tipper Trucks or Vehicles

8.1 You must return the Tipper Trucks or Vehicles to Tacex Hire:

8.1.1 To the place, on the date and by the time shown on the Hire Schedule unless You have informed Tacex Hire of a change prior to the return date and time and Tacex Hire has agreed to the change; and

8.1.2 In the same condition as it was at the commencement of the Hire Period, Fair Wear and Tear excepted.

8.2 If You tell Tacex Hire that You wish to return the Vehicle to a location other than that stated on the Hire Schedule, Tacex Hire will advise You of the amount of the “One-way fee” that You will incur. If You do not tell Tacex Hire in advance, You must pay a “one-way fee” of up to $2.50 per kilometre (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be
liable for any Rental Charges calculated under clause 6.3 or 6.4.

If You:

8.2.1 Return the Vehicle at a later date or time than that shown on the Hire Schedule;

8.2.2 Return the Vehicle to a place other than that shown on the Hire Schedule; or

8.2.3 Do not comply with any special offer conditions stated on the Hire Schedule,

8.2.4 the rates shown on the Hire Schedule may not apply and You must pay the rate that is reasonable in the circumstances for the Vehicle for the Rental Period as well as the Late Return Charge.

8.3 If You return the Vehicle at an earlier date or time than agreed, the rates shown on the Hire Schedule will not apply and You must pay the rate that was applicable for the Vehicle for the Rental Period (which is likely to be higher than the rates shown on the Hire Schedule).

8.4 Tacex Hire may request the immediate return of the Vehicle, or Tacex Hire may recover the Vehicle without notice, if:

8.4.1 The credit limit on Your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘one-way fee’ becomes payable by You;

8.4.2 The Rental Period expires without satisfactory arrangements having been made by You with Tacex Hire;
or

8.4.3 Tacex Hire reasonably suspects that:

8.4.3.1 The Vehicle may be used for an unlawful purpose;

8.4.3.2 Damage to the Vehicle, or injury to persons or property, is likely to occur; or

8.4.3.3 The Vehicle will be involved in an industrial dispute.

8.5 If You do not return the Vehicle on the date and by the time shown on the Hire Schedule (or any extended date or time agreed with Tacex Hire in writing) then:

8.5.1 After written notice to You and if the location of the Vehicle is unknown, Tacex Hire may report the Vehicle as stolen to the police; and

8.5.2 You must pay Tacex Hire all Rental Charges (including additional Rental Charges) and compensate Tacex Hire in accordance with clause 8 for any loss Tacex Hire suffers (including all reasonable additional costs Tacex Hire incurs in recovering the Vehicle) up to the time that the Vehicle is recovered by Tacex Hire.

8.6 If You have breached the Rental Agreement and Your breach of the Rental Agreement (or a breach of the Rental Agreement by any Authorised Driver) has caused the downtime of the Vehicle, You will be liable to pay a per day loss of revenue fee based on the actual downtime of the Vehicle (or, where the actual downtime of the Vehicle is not known, a reasonable estimate of that downtime).

9. Fuel

9.1 You must refuel the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.

9.2 If you return the Vehicle with less than a full fuel tank as shown by the electronic fuel indicator in the vehicle a fuel charge will be applied unless,

9.2.1 The Fuel Credit was purchased during the initial online booking stage;

9.2.2.The amount payable for the Fuel used by diesel/petrol powered machinery in the reasonable opinion of Tacex Hire during the Hire Period. This fuel charge can be negated by pre-purchasing a Fuel Credit during the initial hire booking. Any additional fuel charge will be referenced from the Consumer Business Services Fuel Pricing Website https://fuelprice.io/sa/adelaide/?fuel_type=diesel on the completion day of hire to hire the Equipment/Machinery with an addition of $15 administration fee.

10. Special Term Consistency

10.1 If there is any inconsistency between the Tacex Hire Agreement Terms of Hire and these Special Conditions of Hire, then these Special Conditions of Hire will prevail to the extent of the inconsistency.

11. Dispute Resolution

11.1 Tacex Hire will use its best endeavours to respond to Your complaint within 10 business days of the date of receipt of the complaint, provided Tacex Hire has all necessary information and has been able to complete any investigation required;

11.2 If Tacex Hire cannot respond within 10 business days, We will let You know as soon as reasonably practicable (and within 10 days of receiving Your complaint) of the revised response date Your complaint will be reviewed by an Tacex Hire employee who:

11.2.1 Has appropriate experience, knowledge and authority, and

11.2.2 Is different from the person or persons whose decision is the subject of the complaint.

11.2.3 Tacex Hire’s response to the review of a customer’s complaint will be via email and will include:

11.2.3.1 The final decision in relation to the complaint;

11.2.3.2 The reasons for that decision; and

11.2.3.3 The right to take the dispute to external dispute conciliation or arbitration proceedings