Please read the terms and conditions of this Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the services. By signing this Agreement and using the Services you consent to be bound by the Agreement and signify your consent to the terms and conditions.
- Absolute Baby hires the equipment listed in this agreement to you subject to the terms and conditions contained on the face and reverse hereof; and you agree to perform all the provisions of this agreement and to return the equipment in the manner stipulated us.
- All equipment is supplied clean, complete, and good operating order. If returned incomplete, damaged or excessively soiled additional charges will apply.
- All hire charges must be paid in full, either: (a) at the time the order is processed; or (b) no later than the time of collection/postage. Payment by direct bank deposit is not deemed received until the proceeds have cleared.
- Equipment is due for return to Absolute Baby on or before close of business on the Due In date. Equipment or parts returned after the Due In date are subjected further hire costs plus late fees until their return. Any additional cost incurred in the recovery of the hired equipment will be at your expense.
- The information you have provided is entirely correct, that you have not left out anything out that we should know about and that you have not included anything that is misleading in any way.
- We must be notified of any changes of the Hirer’s Details from that shown on this agreement within 5 days.
- The risk in the Equipment and all insurance responsibility for loss, theft, damage beyond economic repair or otherwise will pass to you immediately on collection or delivery. You must either insure the Equipment against the above on a ‘new for old’ basis or alternatively indemnify us in a similar amount.
You are responsible for your own safety and the safety of everyone who uses the Equipment (including children). You must ensure that you use the Equipment strictly in accordance with the manufacturer’s instructions, which we provided you.
CONDITIONS OF AGREEMENT
In this Agreement the following expressions have the following meanings: ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act. Conditions mean these general conditions for the hiring of Equipment. Agreement means this Agreement and any annexures or schedules to it. Equipment means the items or accessories, as described in this Agreement and any replacement items provided to you by us. Damage to the Equipment includes any loss of and/or damage to the Equipment, and any costs incurred by us in connection with that loss or damage. Persons includes any legal entity. Hire Period means the period commencing at the time of hire and ending when the Equipment is returned (whether by you or not) as specified. Services means the services provided by the owner to the hirer. Owner/us/we means the owner of the Equipment – Absolute Baby (ABN: 20 679 516 394), its licensees and agents. Hirer/you means any person hiring the Equipment or acquiring the services who signs this Agreement and any person whose agent signs this Agreement.
This Agreement shall be construed in accordance with the laws for the time being applicable in the State of Queensland.
OWNERSHIP OF EQUIPMENT
We are the owner of the Equipment. You only have the right to use it for the Hire Period stated and any authorised extension of the Hire Period. At the end of the Hire Period you agree to return the Equipment to us. You must protect our ownership of the Equipment and not attempt to sell, hire or deal with it in any way other than in accordance with this Agreement. You acknowledge that, subject to the Personal Property Securities Act 2009 (Cth), if the Equipment gives rise to proceeds (by being dealt with otherwise), our security interest:
- Continues in the Equipment; and
- Attaches to the proceeds (and nothing in this Agreement will be taken to provide otherwise)
You acknowledge that your interest in the Equipment is as a Bailee only, and you agree not to part with possession or dispose of or encumber or assign any right or interest in the Equipment and not to create a lien on the Equipment for repairs. Notwithstanding anything else contained in this Agreement, you agree to pay us the full replacement costs of the Equipment if the Equipment if lost, destroyed or otherwise not returned in good order and condition.
This Agreement is between you, the hirer and us, the owner and consists of these Conditions and the signature page, which includes your payment options. This Agreement cannot be cancelled or terminated by you except in the accordance with its conditions.
DURATION OF AGREEMENT
The period of hire is listed in the Agreement. All time is chargeable including Saturdays, Sundays and Public Holidays. Any Equipment not returned to us on time, as outlined in the Agreement, will incur further hire costs at the same rate as listed in the Agreement; plus late fees for each piece of Equipment, being the lesser of $5 per day or $50 per month.
AUTHORITY TO COMPLETE AND AMEND ERRORS
You authorise us to complete any blanks or correct any errors in this Agreement (including inserting serial numbers, model numbers and the Agreement number) that are clearly incorrect and the amendment of which would not have a detrimental effect on your liabilities or materially affect your obligations under this Agreement. You also authorise us to complete any documentation so you can make payment through a credit card system or other credit accommodation we extend to you.
You agree to pay us on demand (after due allowances for any prepayments) the aggregate of:
- Hire charges for the Equipment during the Hire Period and any other charges payable under this Agreement;
- All taxes, charges and levies payable to any authority in respect of the use of the Equipment; and
- Except where otherwise provided, the costs of returning the Equipment to us including but not limited to any repossession charges or fees.
On or before signing this Agreement and before the collection or delivery of the Equipment you must pay us the sum specified in the Agreement as Security Bond. We will refund the security bond to you on the expiry of this Agreement subject to the following conditions:
- We can apply any part or the whole of the security bond towards satisfaction of any amount payable to us under this Agreement;
- Without limiting the generality of the forgoing, we can apply the security bond or any part of it to costs for damage, replacement parts and repair, cleaning, insurance policy excesses for claims by us resulting from your breach of this Agreement, loss of rent, transportation and storage or any loss which would not have been incurred had you completed this Agreement, and no application or any part of the whole of the security bond will be constituted a waiver of any claim not fully satisfied by the security bond.
DISCLAIMER OF WARRANTIES
- Upon delivery or collection of the Equipment, you must inspect it and satisfy yourself that it is supplied clean, complete and in good operating order. You must rely on your own judgement as to the quality and condition of the Equipment and its fitness and suitability for any particular purpose.
- Where any shortages, claim for damaged Equipment or non-compliance with the Agreement specifications are accepted by us, we may, at our option, replace the Equipment, or refund any charges for the Equipment that you have paid us under the Agreement.
- Except for applicable non-excludable consumer guarantees, rights or warranties, (“Consumer Guarantees”) under consumer laws, we do not give any warranties or guarantees in relation to the Equipment.
- Nothing in this Agreement is to be taken to exclude, restrict or modify Consumer Guarantee as described in c. above that we are prohibited by law from excluding, restricting or modifying. To the extent that a Consumer Guarantee applies (and where the relevant goods or services are not a kind of ordinarily acquired for personal, domestic or household use) our liability for beaches of that Consumer Guarantee is limited, as far as the law permits, to the repair or replacement of the Equipment.
- You hereby agree and undertake to use Equipment at all times at the risk of the hirer and further agree and undertake to release, discharge, indemnify and keep indemnified us from and against all actions, suits, demands, costs, charges, damages and expressions in respect of any injury, disease or damage of whatsoever nature and kind howsoever sustained or occasioned and whether to any person or any property arising out of or in consequence of the use of the Equipment by you or by any other person with your consent.
- You will indemnify us against all legal actions, suits, claims and demands and expenses whatsoever and howsoever arising out of the installation and any use of the Equipment which is contrary to this Agreement or any use in a motor vehicle not registered in Australia or whose registration has expired.
- To the extent permitted by law, we exclude all liability for indirect or consequential damage.
- Subject to the application of Consumer Guarantees, you indemnify us for liability for any injury or death to any person or damage to any property arising directly or indirectly you’re your fraudulent, illegal, negligent or other improper use of the Equipment (except to the extent that the injury, death or damage occurs from a result of the Equipment being faulty).
USE, MAINTENANCE AND BREAKDOWN PROCEDURES
- To keep yourself acquainted with the state and condition of the Equipment and ensure that the Equipment is kept in good repair and safe working order at all times during the Hire Period and any granted extension to the Hire Period, normal fair wear and tear excepted;
- The Equipment, will at all times, be installed and used in a cautious and prudent manner with all reasonable care and maintained strictly in accordance with the affixed labels and manufacturer’s instructions, and any other written instructions which you acknowledge we have provided to you;
- To cease using and immediately return any Equipment that is damaged, becomes unsafe or no longer suitable (by way of example, if the hirer’s child has outgrown maximum safe use parameters), suitable replacement Equipment will be provided for the remainder of the Hire Period, if available;
- If the Equipment requires cleaning, to follow the supplied instructions to clean the Equipment. If it is found that the Equipment, has not been laundered in accordance with the provided instructions you will be liable for replacement;
- That the labels and/or manufacturer’s instructions or other booklets provided will not be tampered with or defaced in any way whatsoever;
- To ensure that no-one uses the Equipment who is not properly instructed in the use of the Equipment and you shall not allow the Equipment to be misused;
- That no person other than you are authorised to use the Equipment without written consent from us, provided that if you are a corporate entity, your agent may use the Equipment on the basis that the agent complies with the warranties and obligations under this Agreement. You shall be liable for any breach or failure to comply with those warranties or obligations by the agent whether such breach is within the scope of the agent’s authority or employment or not;
- Not to use the Equipment for any illegal purpose;
- To reimburse us for any loss (including legal costs) incurred relating to the breach of your obligations and to indemnify us against any liability arriving out of a breach of your obligations;
- That we shall not be under any liability for any of your property being left in the Equipment after it is return to us;
- Immediately notify us of Equipment breakdown or any unsatisfactory working conditions, including if a vehicle which is carrying our Equipment is involved in a motor vehicle collision or other accident, and to comply with all requests by us to provide information and assistance in any investigation or litigation to such damage;
- Return any Equipment, which you claim requires repairs, to our premises for examination, if requested by us;
- Under no circumstances shall you repair or attempt to repair the Equipment and you will not pledge the credit of us in respect to any such repairs unless you have obtained our prior written consent; and
- Acknowledge that unless otherwise required by the ACL, any costs of repairing the Equipment will be borne by you. That the cost of any such repairs resulting from negligence of you or any person you may permit to use the Equipment (with or without our consent) shall be recoverable by us from you on demand or as liquidated debt.
- In the normal course of business, you will collect the Equipment from our premises, at the day and time specified in the Agreement.
- If it has been agreed between the parties, we may arrange for the delivery of the Equipment to you. You will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from our premises to the point of delivery.
- You shall be responsible for the loading and unloading of the Equipment at the address specified and likewise at our premises when transported by you. Any person supplied by us shall be deemed to be an employee of you at such times.
- If collection or delivery of the Equipment is frustrated (by way of example, if you have not collected the Equipment at the arranged time, or if you are not at the delivery point, or if you are not ready to take delivery at the time advised to us, or if we cannot gain access to the delivery point), and you have not made alternative arrangements with us, it is deemed you have taken delivery of the Equipment and will be liable for storage fees and re-delivery fees, payable on demand.
- Any period or date for delivery of the Equipment stated by us is an estimate only and not a contractual commitment. We will use our reasonable endeavours to meet any estimated date for delivery of the Equipment but will not be liable for any loss or damages suffered by you for failure to meet any estimated date.
- You indemnify us against any loss or damage suffered by us, our subcontractors or employees, as a result of delivery, except where you are a consumer and we have not used due care and skill.
RISK AND INSURANCE
- You accept full responsibility for the care, safekeeping and return in good order of the Equipment.
- The risk in the Equipment and all insurance responsibility for loss, theft, damage beyond economic repair or otherwise will pass to you immediately on the Equipment being taken from our premises or delivered to you. You must either insure the Equipment against the above on a ‘new for old’ basis or alternatively indemnify us in a similar amount.
- When it is evident that the Equipment has been damaged through negligence or neglect (including a failure to maintain the Equipment and any accessories), you will be liable for the replacement cost of the Equipment and/or accessories.
- You assumes all risk and liability for loss, damage or injury to persons or to your property, or third parties arising out of the use, installation or possession of any Equipment supplied, unless recoverable from us on the failure of any statutory guarantee under the ACL.
- All monies received by you from an insurance company or from any other source in settlement of such claims are held in trust by you and must be paid to us on demand. You must not compromise any claim without our express consent. If the vehicle is not insured, or the insured amount is less than the cost of a replacement, you are liable.
RIGHTS OF ACCESS
You agree that we may, at any time, for any reason, retake possession of the Equipment. You hereby authorises us (upon production of this document) to enter upon any premises where we reasonably believe any Equipment or any part thereof to be, and if, and in so far as, we in our absolute discretion deem necessary, to inspect, test, repair, replace or repossess the same.
SEPARATE TERM VALIDITY
Should any condition be unenforceable, it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from the Contract without affecting the enforceability of the remaining Conditions.
Waiver by us of any breach of this Agreement shall not constitute a waiver of any subsequent or continuing breach.
Our failure to enforce any of these Conditions shall not be construed as a waiver of any of our rights. A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
JOINT & SEVERAL LIABILITY
Where there is more than one person named as the hirer liability shall be joint and several.
You must comply with the National Privacy Principles in connection with any personal information supplied to you in connection with the Agreement.