TRAILER MATE
OWNER TERMS AND CONDITIONS
1. Agreement with Trailer Mate
a. The Owner acknowledges and agrees that, by listing any Trailer for hire on the Trailer Mate website, the Owner has entered into a binding agreement with Muri Adventures Limited (trading as Trailer Mate) comprising of: i) these Owner Terms and Conditions; and
ii) any other terms, documents or policies provided or adopted by Trailer Mate and provided or notified to the Owner prior to or at any time that the Owner lists a Trailer for hire on the Trailer Mate website,
(together, the Agreement).
b. Trailer Mate may use electronic signatures, click wrap or browse wrap agreements as a means of entry into this Agreement. When the Owner inserts an electronic signature or accepts a click wrap or browse wrap agreement by the means provided, including but not limited to, accepting a check or tick box to acknowledge acceptance, the Owner consents to the use of this means of acknowledgement and acceptance of all or any part of the Agreement, including but not limited to, the Owner’s obligations under the Agreement.
2. Definitions and Interpretation
a. In these Owner Terms and Conditions:
i) "Agreement” has the meaning set out in clause 1(a).
ii) “Business Day” means a day (other than a Saturday, Sunday or a public holiday) on which registered banks are open for business in Nelson, New Zealand.
iii) “Cancellation Policy” means the conditions in which a trailer rental can be canceled
iv) "claim" means any claim, demand, action, or proceeding.
v) "damage" means any damage to the Trailer including its parts, components, and accessories; towing and salvage fees and assessing fees; and loss of use as a result of that damage or theft.
vi) "Designated Collection Location" means the location agreed between the Owner and the Hirer for collection and return of the Trailer.
vii) "Hire” means the hiring by an Owner of a Trailer to a Hirer as facilitated through the Trailer Mate website pursuant to this Agreement and the Hirer Terms and Conditions.
viii) "Hire Period" means the period of time that the Owner and Hirer have agreed for use of the Trailer.
ix) "Hirer" means an individual, firm, or company that has agreed to hire a Trailer from the Owner in accordance with the Hirer Terms and Conditions.
x) "Hirer Terms and Conditions" means the terms and conditions which govern the Hire of the Trailer by the Hirer.
xi) “Insurance Excess” means the amount the Hirer will pay towards any claim before Trailer Mate contributes up to the coverage limit of the selected Insurance Package.
xii) “Insurance Package” means the choice of three unique Insurance Packages offered by Trailer Mate, they are:
a. Gold Package -
i. Premium: 28% of the total rental fee, excluding GST;
ii. Coverage Limit: up to $1,100.00 per Rental Period;
iii. Excess: $200.00 per Rental Period.
b. Silver Package -
i. Premium: 18% of the total rental fee, excluding GST;
ii. Coverage Limit: up to $450.00 per Rental Period;
iii. Excess: $125.00 per Rental Period.
c. Bronze Package -
i. Premium: 10% of the total rental fee, excluding GST;
ii. Coverage Limit: up to $100.00 per Rental Period;
iii. Excess: $30.00 per Rental Period.
xiii) “Insurance Premium” means the amount payable by the Hirer to Trailer Mate upfront for their chosen insurance package. xiv) “NZTA” means the New Zealand Transport Authority. xv) "Owner" means a person who has agreed to hire out his, her, or its Trailer to a Hirer.
xvi) "Owner’s Rate” means the Hire charges determined by the Owner. xvii) "Owner Terms and Conditions" means these Owner Terms and Conditions.
xviii) “Personal Insurance” means an Owners insurance coverage of their Trailer, independent of Trailer Mate.
xix) “Pre-Hire Checklist” means the checklist to be completed by the Trailer Owner and Hirer prior to commencement of the Hire in the form provided by Trailer Mate.
xx) “Post-Hire Checklist” means the checklist to be completed by the Trailer Owner at the completion of the Hire in the form provided by Trailer Mate.
xxi) “Rental Fee” has the meaning set out at clause 9(a).
xxii) “Trailer” means a vehicle trailer listed by an Owner for Hire on the Trailer Mate website.
xxiii) "Trailer Mate" means Muri Adventures Limited t/a Trailer Mate (company number 9197140) and includes its successors, assigns, or any person or entity acting on behalf of and/or with the authority of Trailer Mate.
xxiv) "Trailer Mate Fee” means the applicable fee collected by Trailer Mate for the provision of its services to the Owner as indicated on the Trailer Mate website.
xxv) "Trailer Mate website" means the [www.TrailerMate.co.nz] website and the content, features, and services offered through it.
b. In interpreting these Owner Terms and Conditions the following rules must be applied unless the context otherwise requires:
i) clause and other headings are for reference only and are not an aid in interpretation;
ii) words importing the plural include the singular and vice versa and words importing one gender include the other genders;
iii) references to clauses, schedules and annexures are to clauses in, and schedules and annexures to, these Owner Terms and Conditions (unless stated otherwise). Each such schedule forms part of these Owner Terms and Conditions.
iv) references to $ or dollars is a reference to the lawful currency of New Zealand; and
v) no rule of construction (including the contra proferentem rule) applies to the disadvantage of a party because that party was responsible for the preparation of these Owner Terms and Conditions or any part of the document.
3. Appointment of Agent
a. Trailer Mate carries on the business of providing an online platform (the Trailer Mate website) for the renting of vehicle trailers or other equipment to customers on a “peer to peer” basis.
b. Subject to the terms of this Agreement, the Owner appoints Trailer Mate, and Trailer Mate accepts its appointment, as the Owner's exclusive third-party agent to market and promote Trailer Mate, the Hire of the Trailer and provision of Trailer Mate’s services.
c. The Owner warrants that it is the owner of the Trailer which the Owner will make available for Hire to Hirers who book through the Trailer Mate website subject to this Agreement.
d. The Owner acknowledges that Trailer Mate is the provider of the Trailer Mate website only, and that Trailer Mate does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any equipment for hire under this Agreement, including the Trailer. The Owner is responsible for its Trailer, the information provided in any listing about the Trailer on the Trailer Mate Website and compliance with this Agreement.
e. Trailer Mate is not liable to any person, and the Owner will indemnify Trailer Mate, for any costs or charges which Trailer Mate incurs in its performance of its obligations to the Owner.
f. This Agreement does not imply that Trailer Mate and the Owner intend to constitute a partnership, joint venture, or other form of association in which any party may be liable for the acts or omissions of another, and no party has authority to pledge the credit of another.
4. Trailer Mate Fee and Hire Charges
a. In consideration for Trailer Mate providing the platform on the Trailer Mate website for the Owner to list their Trailer for Hire, the Owner agrees to pay Trailer Mate the Trailer Mate Fee. The Trailer Mate Fee will be deducted by Trailer Mate from the Rental Fee paid by the Hirer for the Hire of the Trailer. By entering into this Agreement, the Owner authorises Trailer Mate to deduct the Trailer Mate Fee from the Rental Fee that it receives from Hirers for a Hire.
b. [The Owner is solely responsible for determining the Owner’s Rate payable by the Hirer for the Trailer that the Owner lists for hire on the Trailer Mate website (subject to compliance with any directions issued by Trailer Mate).]
5. Eligibility of Trailer
a. To list a Trailer for hire, the Owner must create a profile listing of their Trailer on the Trailer Mate website and must:
i) advise Trailer Mate of their full legal name, IRD number (such information must be provided before a listing can be published on the Trailer Mate website); and
ii) include detailed pictures showing all aspects of all angles of their Trailer. Trailer Mate may direct the Owner to amend the profile, including but not limited to, adding more information or pictures in Trailer Mate’s reasonable discretion. The Owner must comply with any such direction.
b. Any Trailer submitted by the Owner for hire via the Trailer Mate website is subject to Trailer Mate’s approval and acceptance, such approval and acceptance at Trailer Mate’s sole and absolute discretion. The Owner acknowledges that Trailer Mate will not approve or accept any Trailer weighing in excess of 3,500 kilograms.
c. [The Owner must make their Trailer available for hire for a minimum of [fifty (50) days] per financial year.]
d. The Owner may use any Trailer for personal use that is listed on the Trailer Mate website but not subject to a Hire provided that the Owner ensures the Trailer is available for Hirers during a Hire Period.
e. The Owner acknowledges and agrees that the Trailer is provided for Hire at the Owner’s risk.
6. Hire Procedure
a. Upon receipt of a Hirer’s request to hire the Trailer, the Owner will (exclusively through the Trailer Mate website):
iii) contact the Hirer as required to assess the suitability of the Hirer to hire the Trailer; and
iv) approve or reject the Hirer’s request to hire the Trailer.
b. Upon receipt of notification of a confirmed booking for Hire through the Trailer Mate website, Trailer Mate will:
i) supply the Hirer with a tax invoice;
ii) collect payment of the Rental Fee and Damage Deposit from the Hirer.
c. Upon completion of the steps set out in clause 6(b), Trailer Mate will notify the Owner that the Hire is approved by Trailer Mate to proceed. Upon receipt of this confirmation, the Owner must:
i) agree with the Hirer to meet at a mutually acceptable location for the Hire to commence (the Designated Collection Location);
ii) induct the Hirer on the safe use, operation and handling of the Trailer;
iii) in conjunction with the Hirer, complete the Pre-Hire Checklist. d. Prior to the handover of the Trailer to the Hirer at the Designated Collection Location, the Owner must ensure that:
i) the Trailer is in a roadworthy and safe condition;
ii) the Trailer is clean; and
iii) all personal belongings are removed from the Trailer.
Any personal belongings left in the Trailer after handover to the Hirer are left entirely at the Owner’s risk, and Trailer Mate has no liability for any loss or damage to them.
e. If the Owner fails to deliver the Trailer to the Designated Collection Location at the agreed time, the Owner must pay the following fees (Late Fees):
i) between 2 – 24 hours’ late: $100; or
ii) over 24 hours late: $100 per day, and if the Hirer chooses not to proceed with the Hire Agreement due to the late or non-availability of the Trailer, Trailer Mate will terminate the booking Hire, and the Owner must pay the cancellation fees [12(b)i]. The Owner must also pay the Late Fees until the time of the cancellation.
f. The Owner must be reasonably available during the Hire to assist the Hirer by answering any questions and resolving any issues that have arisen during the Hire of the Trailer.
g. At the end of the Hire, the Owner must:
i) meet with the Hirer at the Designated Collection Location (or such other mutually agreed location) for the Trailer to be returned to the Owner;
ii) complete the Post-Hire Checklist;
iii) check that the Trailer has been returned to the Owner in the same condition as it was at the beginning of the Hire Period, save for any reasonable wear and tear, and that the Trailer has been cleaned prior to handover; and
iv) notify Trailer Mate of any accident, damage or missing items. h. If the Trailer is not returned at the time and date agreed between the Owner and the Hirer, the Trailer may immediately be reported as stolen and may be deregistered.
7. Owner Obligations
a. The Owner agrees that during the term of this Agreement it will: i) make available the Trailer for Hire;
ii) ensure that the Trailer is fit for its intended purpose, including but not limited to ensuring that the Trailer is fit for Hire;
iii) ensure that the Trailer is clean and in a good operating condition, and (where applicable) registered and roadworthy;
iv) keep readily available a copy of their Personal Insurance details to provide to Trailer Mate at any stage upon request, if covered by Personal Insurance;
v) provide Trailer Mate with evidence that the Trailer complies with all NZTA requirements, including evidence of an applicable current Warrant of Fitness or Certificate of Fitness and Vehicle Licence, upon request.
b. The Owner must give Trailer Mate no less than seven (7) days prior written notice of any proposed change:
i) in ownership of the Owner’s Trailer; and
ii) other change in the Owner’s details (including changes in the Owner’s name, address, or contact phone or fax numbers or email address).
c. The Owner must pay for all maintenance and upkeep of the Trailer, including towing fees and replacement parts, if:
i) due to fair wear and tear, the Trailer is immobilised for any reason; or
ii) the Trailer requires roadside assistance due to a technical, mechanical, or circumstantial failure not attributable to the Hirer. 8. Trailer Mate Obligations
a. Trailer Mate will during the term of this Agreement:
i) in its absolute discretion promote the Trailer Mate Services on its website and through advertising as reasonably appropriate; and ii) develop opportunities for the Trailer to be hired through its customer base.
b. Trailer Mate will use reasonable endeavors to verify the identity of each Hirer, their suitability to be a Hirer and the ability of that Hirer to pay Hire charges associated with the Trailer Hire, but it makes no warranty to the Owner that the Hirer has:
i) a satisfactory driving record;
ii) a current and valid license to drive; or
iii) the financial ability to pay the Hire charges.
c. If the owner requests Trailer Mate to perform any action or function required of the Owner by these Terms and Conditions, Trailer Mate may at its option and in the capacity as an agent of the Owner do so provided that the Owner will pay Trailer Mate the full costs and expenses incurred on the Owner’s behalf by Trailer Mate.
9. Collection of Rental Fee and Payment Terms
a. The Owner acknowledges that the Hirer is obliged to pay Trailer Mate the Rental Fee in accordance with the agreement made between Trailer Mate and the Hirer. The Rental Fee will consist of:
i) Owner's Rate;
ii) Trailer Mate Fee;
iii) Insurance Premium;
iv) GST; and
v) credit card fee.
b. The Owner agrees that Trailer Mate is not liable to the Owner for payment of the Owner Rate unless the Rental Fee has been paid by the Hirer to Trailer Mate, and Trailer Mate acts solely in the capacity of an agent for the Owner for the receipt of the Rental Fee and payment to the Owner of the Owner Rate. To activate the collection of an Owner Rate, the Owner must accept a booking request within 7 days. Failure to do so will result in the booking request being cancelled. Trailer Mate will make payment of the Owner Rate within 7 working days of a completed Hire Period.
c. The relevant Insurance Premium for a selected Insurance Package must be paid by the Hirer prior to the rental, in order for the Hirer to be eligible for any related insurance cover offered by Trailer Mate; as per the selected Trailer Mate Insurance Package. If the Owner wishes to make a particular Trailer Mate Insurance Package mandatory for the hire of their Trailer, then they have the right to do so.
d. If the Owner is required to pay Trailer Mate any amount under this Agreement:
i) that amount must be paid to Trailer Mate on or before the due date; ii) interest must be paid on any overdue amounts which accrues daily from the date when payment becomes due until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Trailer Mate’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment; and
iii) the Owner indemnifies Trailer Mate from and against all costs and disbursements incurred by Trailer Mate in recovering the debt, including internal administration fees, collection agency costs and legal costs.
10.Insurance
a. The Owner should at all times and at the Owner’s expense take out and maintain with a comprehensive Personal Insurance policy that provides: i) indemnity for the market value of the Trailer;
ii) indemnity for third-party loss; and
iii) cover for use of the Trailer by a Hirer.
b. The Owner understands that listing a Trailer without comprehensive Personal Insurance is done at their own risk and that in doing so: i. Trailer Mate is indemnified from any disputes or costs caused by damage disputes between the Owner and Hirer where no Trailer Mate Insurance Package has been selected; and
ii. the Owner acknowledges that even if they have Personal Insurance on their Trailer, Trailer Mate is not liable for any expense beyond the selected Trailer Mate Insurance Package coverage limit selected by the Hirer for the rental of that Trailer, as outlined in 9(c);
iii. Limit’s Trailer Mates responsibility to the coverage of the Hirers selected Insurance Package along with any other activities related to an incident dispute.
c. The Owner understands that it is soley their responsibility to ensure the full cover of their Trailer while listing it with Trailer Mate. Trailer Mate looks to reasonably support Owners by offering Trailer Mate Insurance Packages to Hirers as outlined in 9(c); however, the Owner recognizes that listing their Trailer without full Personal Insurance cover is done at their own risk. Trailer Mate further supports Owners, and safeguards Hirers, through before and after photos to highlight damages incurred during a rental but is indemnified from any disputes or costs associated with the Owner seeking further recovery funds from a Hirer who has caused more damage than they are covered for.
d. Excluding any cover that the Owner is eligible for through the Trailer Mate Insurance Package taken by the Hirer, if there is damage to the Trailer or it is stolen during the Hire Period, it is the responsibility of the Owner to: i) arrange a quotation for the repairs to the Trailer through a third party when appropriate;
ii) arrange for the filing of a claim with the Owner’s Personal Insurance provider; and
iii) pay any applicable Personal Insurance excess;
iv) update their Trailer listings availability on the Trailer Mate calendar and notify upcoming Hirers if Trailer will be unavailable;
v) notify Trailer Mate of any damages to their Trailer while being rented by a Hirer, within 24 hours of the incident.
11. Liability and Indemnity
a. The Owner acknowledges and agrees that to the fullest extent permitted by law Trailer Mate will not be liable for, and the Owner releases Trailer Mate in respect of, any claim, loss, accident, damage or expense arising directly or indirectly out of any act or omission of Trailer Mate or its employees, officers or agents arising out of this Agreement. Further, Trailer Mate has no liability to the Owner for:
i) the condition of the Trailer;
ii) any information or content provided by the Hirer or the Owner;
iii) death or personal injury to any person;
iv) any damage to any property, or damage to or loss of any Trailer; v) any damage or loss of any belongings left in any Trailer;
vi) any incidental expenses;
vii) any charges, tolls, or fines;
viii) any theft or breakdown of any Trailer;
ix) any failure of the Hirer to honour the Hirer Terms and Conditions; or x) any failure of the Owner to honour this Agreement.
b. The Hirer and the Owner indemnify and agree to keep indemnified Trailer Mate against any loss, claim, damage, liability, action, or legal proceedings and all costs, charges, and expenses (including third party claims, legal fees and disbursements on a full indemnity basis) in connection with the enforcement of the Hire Agreement or all Terms and Conditions either directly or indirectly arising as a result of a breach by the indemnifying party of its obligations or of any warranties or representations given under the Hire Agreement or all Terms and Conditions, including any action brought by third parties against the other party as a result, either directly or indirectly, of such breach.
c. Neither party will be liable for any indirect loss or consequential loss, loss of profits, loss of revenue, loss of goodwill, exemplary damage, or punitive damages arising in any way out of this Agreement.
12.Cancellation of Hire
a. The Owner acknowledges that Hirers have the ability to cancel their booking in accordance with the platform's Cancellation Policy, Trailer Owners agree to the following refund structure for Hirer cancellations:
i. Cancellations Made More Than 7 Days Before the Hire Period: Hirers are entitled to a 90% refund of the total rental fee.
ii. Cancellations Made Between 7 and 2 Days Before the Hire Period: Hirers are entitled to a 75% refund of the total rental fee.
iii. Cancellations Made Within 48 Hours of the Hire Period: Hirers are entitled to a 60% refund of the total rental fee.
iv. Trailer Owners acknowledge that refunds will be managed by the platform ensuring fairness to both parties. Refunds will be calculated based on the time of the cancellation request relative to the start of the hire period.
b. Should, after a booking has been made, the Owner cancels a Hire booking, the Owner will be charged as follows:
i) if the Owner cancels the booking more than seven (7) days before the commencement of the Hire Period, the Owner’s account will be charged a cancellation fee [of $30]; and
ii) if the Owner cancels the booking less than seven (7) days before the commencement of the Hire Period, the Owner’s account will be charged the cancellation fee and the Owner’s account with Trailer Mate may also be suspended. In instances of suspension, the Owner will have access to their account on the Trailer Mate website, however, any Trailer listings will not be active until the arrears are paid in full.
c. If the Owner cancels a booking less than seven (7) days before the commencement of the Hire Period on three (3) or more occasions within any 12 month period, Trailer Mate reserves the right to deactivate the Owner’s Trailer Mate account and revoke the Owner’s ability to use the Trailer Mate website.
d. Trailer Mate may at its sole discretion permit the Owner to cancel a booking without penalty if the Trailer is unavailable due to unforeseen circumstances (for example, such as the Trailer having been involved in a prior accident).
e. The Owner is entitled to immediately repossess the Trailer without notice to the Hirer if:
i) the Hirer has illegally parked the Trailer for longer than [24 hours]; ii) the Hirer has committed a reckless breach of road or traffic legislation;
iii) the Trailer is apparently abandoned; or
iv) the Trailer has not been returned to the Owner at the agreed time and date.
13.Termination
a. Trailer Mate may terminate this Agreement with immediate effect upon written notice to the Owner if:
i) the Owner breaches any term of this Agreement capable of remedy and fails to remedy the breach within five (5) Business Days after receiving a notice requiring it to do so;
ii) the Owner breaches any term of this Agreement not capable of remedy in Trailer Mate’s reasonable opinion;
iii) the Owner breaches any term of this Agreement on multiple occasions; or
iv) the owner becomes insolvent or bankrupt.
b. Termination of this Agreement will not affect any accrued rights or remedies a party may have as at the date of termination, unless explicitly stated otherwise in this Agreement.
c. Upon expiry or termination of this Agreement each party must immediately cease to use the intellectual property rights of the other party and cease to represent directly or indirectly that it is associated with the other party.
14. Intellectual Property
a. Each party acknowledges and agrees that this Agreement does not transfer to either party any rights in intellectual property.
b. Each party acknowledges that it will have no rights and will not acquire any rights in respect of any trademarks, brands, or trade names used by any other party or of the goodwill associated with them, and that all such rights and goodwill are, and will remain, with the relevant owner.
15. Dispute Resolution
a. A party must not commence any court proceedings (other than proceedings for urgent interlocutory relief) in respect of a dispute until it has complied with this clause 15.
b. The Owner shall contact Trailer Mate to notify Trailer Mate of any complaint or dispute arising out of this Agreement. Upon such notice, Trailer Mate shall contact the Owner within a reasonable time period to discuss and attempt to resolve the Owner’s complaint or dispute.
16. Privacy Policy
a. These Terms and Conditions incorporate the Trailer Mate Privacy Policy. b. By providing Trailer Mate with any personal information through the Trailer Mate website, the Owner consents to Trailer Mate’s collection of the Owner’s personal information to enable Trailer Mate to process payments or provide the information or services requested by the Owner and for the other purposes set out in the Trailer Mate Privacy Policy.
c. [Trailer Mate does not store credit/debit card details. Trailer Mate utilises a third-party that is PCI Level 1 Compliant.]
17. General
a. Notices: any notice to be given to a party shall be deemed to be given upon it sent by email to the email address of that party or delivered via the Trailer Mate website.
b. No waiver: no waiver by a party of any breach of this Agreement will be considered as a waiver of any subsequent breach of the same or any other provisions.
c. Governing Law and Jurisdiction: this Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the Courts of New Zealand.
d. Assignment: the Owner’s rights and obligations under this Agreement are personal and cannot be assigned to any other person.
e. Variation: Trailer Mate may vary the terms of this Agreement at any time upon written notice to the Owner, and the Owner’s continued use of the Trailer Mate website following the provision of such notice will constitution acceptance of the varied Agreement.
f. Partial invalidity: if any provision of this Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will remain enforceable to the greatest extent permitted by law.
g. Entire agreement: this Agreement contains all of the terms, representations and warranties made between the parties and supersedes all prior discussions and agreements covering the subject matter of this Agreement.