Terms and Conditions of Hire
Introduction
These terms and conditions apply to the equipment you have agreed to hire (Goods). By hiring the Goods you agree to be bound by these terms and conditions.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification via www.dunsboroughbabyhire.com.au. By continuing to use the Goods following such notification you will be deemed to have accepted and be bound by the amended terms and conditions.
Bond Payable
There is a bond payable on items hired, the bond will vary between $30 and $100 depending on items or length of time hired. The bond will be allocated on your invoice and paid at the time of the hire equipement.
We will refund the bond back to your nominated bank account at the return of the items and in the condition in which they were hired to you. In the event of non return of items you will have part or all bond forfeited. Items that are returned damaged or overly stained or soiled will have bond forfeited.
Rental of Goods
We agree to hire the Goods to you for the period set out in your on-line, email or telephone order (Rental Period) and you agree to take the Goods on hire for that period. You are entitled to use the goods for the Rental Period and for any extension of the Rental Period that we agree to. You agree to return the Goods to us at the end of the Rental Period in the state and condition required by these terms and conditions.
Payment of Rental Charge
You agree to pay us the charges as quoted on our website (Rental Charge) or via your received invoice for the Goods for the Rental Period. The Rental Charge is payable in advance prior to the start of the Rental Period.
If you keep the Goods for longer than the Rental Period you also agree to pay us the Rental Charge for the Goods for each additional period that you have the Goods.
Our preferred method of payment is by bank transfer. Details will be provided after Booking Request has been received and agreed upon.
Your promises to us
You promise, or warrant (to use the legal term) that:
The particulars you have entered with your order are entirely correct, that you have not left anything out that we should know about and that you have not included anything that is misleading in any way;
You will only install and use the Goods in accordance with the manufacturer’s recommendation.
Your acknowledgements
You acknowledge that before you took delivery of the Goods either you, or someone responsible on your behalf, inspected the Goods and confirmed that they were:
The Goods that you ordered;
Not damaged in any way;
Clean and of acceptable quality;
Fit for the purpose that you intend to use them for.
Your obligations
You acknowledge the following obligations of which you must:
Keep the Goods clean and in the same condition that they were in when you hired them;
Not alter, modify or repair the Goods;
Not lend the Goods to anyone else;
Report any damage to, or loss of, the Goods to us as soon as it occurs; liable for any breach of these terms and conditions even if the breach was caused by someone other than you;
Indemnify us for any loss, liability or damage (including legal costs) we incur in relation to any breach of these terms and conditions;
Delivery and Return of Equipment
Delivery of Equipment
You must either:
collect the Equipment from our premises, at the time and on the day agreed between the parties; or
request that the Equipment be delivered by us to the address set out in the Booking Form, at your cost, and at the time and on the day agreed between the parties.
We will ensure that as at the date the Equipment is collected or delivered (as applicable), the Equipment is clean, undamaged and in good working order.
You must inspect the state and condition of the Equipment upon collection or delivery (as applicable). If the Equipment does not meet the requirements you must inform us accordingly in writing immediately upon receipt of the Equipment, failing which you will be deemed to have received and accepted the Equipment as acceptable.
Return of Equipment
You must, at your cost, return the Equipment:
to our premises by the return date specified in the Booking Form;
clean, undamaged and in the same state and condition as it was when received by you at commencement of the Hire Period.
If you fail to fully comply with its obligations we may, in our sole discretion, correct such failure and all amount reasonably expended by us in doing so will be deducted from the bond paid by you. If the amount reasonably expended exceeds the bond amount, the excess will become a debt immediately due and payable by you.
Where you continue in possession of the Equipment after the agreed return date with our permission, you will continue in possession of the Equipment as a hirer on a periodic basis and you must continue to observe and perform all of your agreements and obligations under the Agreement and must continue to pay the rates in full.
Where you continue in possession of the Equipment after the agreed return date without our permission, you must continue to observe and perform all of your agreements and obligations under the Agreement and must continue to pay the rates in full with an additional penalty of $20 per day payable for every day exceeding the Hire Period.
Equipment returned to us prior to the agreed return date specified in the Booking Form will not be eligible for any refund of the unused amount.
Repossession
We can retake possession of the Goods if any of these terms and conditions is breached.
Exclusion of Liability
You will indemnify us against any injury, loss or damage, however caused, which anyone else may directly or indirectly suffer in connection with the use of the Goods.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
If legislation implies any condition or warranty that we cannot exclude or modify then our liability for breach of that condition or warranty will be limited to:
The replacement of the Goods or supply of equivalent goods; or the payment for the balance of the Rental Period; or
If the breach relates to services, the supplying of the services again; or the payment of the cost of having the services supplied again.
Specific Warnings
You are responsible for your own safety and the safety of everyone who uses the Goods (including children). You must ensure that you only use the Goods strictly in accordance with the manufacturer’s recommendations.
In the event of lost or stolen Goods
In the event that you do not return the Goods (either the Goods are lost or stolen) while in your care and you fail to provide means by which Dunsborough Baby Hire is able to seek replacement costs to replace the Goods, you will be liable for all debt recovery charges payable to any debt recovery agency enlisted by Dunsborough Baby Hire.
If theft has occurred you are to report and obtain a police report as soon as practical.
We will make all reasonable attempts to contact you prior to any debt recovery agency being employed by us to recover replacement charges for stolen items. In this event all charges set by the debt recovery agency are to be met by the Hirer of the Goods supplied by Dunsborough Baby Hire.
By signing your Dunsborough Baby Hire Booking Request you agree to the Terms and Conditions as stated above and acknowledge that you have read and understood all content listed in the said above.