This document tells you the terms and conditions on which we hire out our trailers. Please read them carefully before placing an order with us. You should understand that by placing an order you are agreeing to be bound by the terms and conditions.
Before hiring a trailer we would draw your attention to the following points;
1 You must ensure that you as the hirer of the trailer have read and will adhere to the safe and legal towing guidelines on the National Trailer and Towing Association website and that such use of the trailer in accordance with any relevant safety and legal requirements and the maximum payload and gross weight restrictions stated on the trailer and any manufacturers guidelines.
2 You must as the hirer have insurance that covers the use of towing of the trailer.
3 The person towing the trailer must have a full and valid driving license and must adhere to any towing and weight restrictions provided for by the DVLA, their driving license and any relevant law.
4 We do not accept any responsibility for any loss, damage or injury to persons or property caused by your failure to comply with maximum payload and gross weight restrictions or by misuse of the trailer.
5 You must ensure that you are properly covered by suitable insurance that allows the use of the trailer for towing and provides suitable coverage for any risks involved in the use of the trailer such as personal injury, property damage or death to any third parties.
Hire Period
1 The hire period shall be from the date of delivery of the trailer to the date the trailer is collected unless otherwise specified.
Condition of Trailers
1 We will ensure that the trailer hired to you is in good working order and fit for the purpose for which a trailer of that kind is normally used.
2 However you must also check the trailer at the commencement of the hire period and tell us of any faults or defects you notice.
3 You must check the state and condition of the trailer at reasonable intervals during the hire period to ensure that it remains safe and serviceable.
4 You must not use (or permit the use of) the trailer for any purpose beyond its capacity or in a manner likely to result in excessive wear.
5 You must not make any alterations or modifications to the trailer.
6 You must allow us to have reasonable access to the trailer to inspect, test, adjust, repair or replace the trailer during the hire period as necessary.
Breakdown of trailers
1 In the event of any breakdown or failure of the trailer please inform us as soon as possible and we will do our best to repair or exchange it as appropriate as soon as possible.
2 We will supply you with a spare wheel at the start of the hire period and you will be responsible for any punctures and their repair.
3 Except for the repair of punctures you should not repair or attempt to repair the trailer unless authorised to do so by us.
4 You must notify us immediately if there is any accident involving the trailer which results in damage to the trailer or to other property or injury to any person including notifying all appropriate authorities and your insurance company.
5 We offer a 7 day week call out service.
Transportation of trailers
1 You must ensure that your driving licence permits you and that your vehicle is legally permitted to tow the trailer. You are solely responsible for checking and confirming this on the DVLA website and with your insurance company and we will not be liable in any way for your failure to comply with these restrictions.
2 You will not tow or use the trailer outside mainland United Kingdom without our express written agreement.
3 We shall at all times be the owner of the trailer whilst you are in the possession of it. You shall have not right, title or interest in the trailer except that it is hired to you.
Return of trailers
1 You must return the trailer and anything supplied with it, to us in the same condition as when we supplied it to you although you will not be responsible for any reasonable wear and tear which may occur through your proper use of the trailer during the hire period.
Insurance/loss or damage to the trailer
1 You are under an obligation to take all reasonable care of the trailer. It must be stored in a safe and secure location when not in use.
2 You are wholly responsible for thefts or damage to the trailer whilst in your care and during the term of the hire period.
3 Where the trailer is lost or stolen or irreparably damaged you must notify us immediately. You may have to pay us the cost of the trailer at its current replacement value which shall be reasonably assessed. You must provide us with all reasonable assistance when so requested. For example you must notify the police if the trailer is stolen. If the trailer is stolen (unless we have been negligent in any way) you will remain liable for the hire charges.
4 If any injury or damage to persons or property or animals or to the trailer arises because you have incorrectly hitched the trailer onto your vehicle you will be responsible for that injury or damage (unless we have been negligent or at fault).
Liability
1 You are liable for the hire of the trailer for the period of hire.
2 Nothing in this agreement shall exclude or limit our liability for fraud or death or personal injury caused by our negligence.
3 Subject to clause 2 and not withstanding the unenforceable or invalidity of any other provision in this agreement, our liability in contract, tort or otherwise arising out of or in connection with the performance of our obligations under this agreement shall be limited to the hire change in respect of any one incident or series of incidents, whether or not arising from a common cause in any twelve month period.
4 If we are in breach of this agreement and you want to make a claim against us we will not accept any claims which relate to business expenses or losses including loss of profits.
Indemnity
1 You shall indemnify us against all actions, losses, claims, demands, expenses, costs and damages of whatever nature arising from or in connection with;
A the misuse of the trailer by you or anyone else where you are aware of or permit such misuse.
B any unlawful action or criminal action by you
2 if a third party claims against us for any loss or damage that the trailer causes then you must meet all the costs of such a claim if it results from your breach of the arrangement under this agreement.
Re-hiring of trailers
1 You are not allowed to rehire, sub lease or lend the trailer or any part thereof to any third party without our written prior consent.
Termination of hire
1 In the event of any breach of this agreement or the improper use of the trailer by you we reserve the right to terminate this agreement and to collect the trailer.
2 If you are in default of any payment obligation or hire charges we reserve the right to terminate this agreement and we will collect the trailer.
3 If we receive any complaints from any third parties relating to the misuse of the trailer we reserve the right to terminate this agreement and we will collect the trailer.
Signs
1 You must not remove, cover or deface any signs or ID marks on the trailer or put any mark on the trailer which suggests that it belongs to you. It shall at all times remain the property of Fat Dog Trailers.