TERMS AND CONDITIONS OF HIRE
These Terms and Conditions of Hire set out the terms that are to apply between the customer (“you”) and Baby Bunting Pty Ltd (ABN 43 128 546 154) (“Baby Bunting”, “we” or “us”) for the hire and use of hire equipment provided by Baby Bunting.
By placing an order to hire equipment from Baby Bunting you agree that these Terms and Conditions will apply to the agreement for Baby Bunting to hire Equipment to you.
Agreement to hire Equipment
- Baby Bunting agrees to hire Equipment to you, and you agree to hire the Equipment, for the Hire Period. The “Hire Period” is the period confirmed in your booking confirmation which starts on the day you receive the Equipment from Baby Bunting and ends on the date specified in the booking confirmation (or as may be extended by agreement). “Equipment” means the products to be hired by you as described in your booking confirmation/Hire Agreement.
- You can extend the Hire Period at any time before the scheduled end of the Hire Period by contacting Baby Bunting. You will be required to pay additional time based fees equal to the period by which you are extending the Hire Period. The extended Hire Period will be confirmed in a further booking confirmation.
- You may return the Equipment to Baby Bunting before the end of the Hire Period. However, Baby Bunting will not provide you with any refund for the unused portion of the Hire Period.
Important information – using child car restraints safely
- You are responsible for the safety of any child who uses the Equipment. You must familiarise yourself with the manufacturer’s instructions and comply with them when using the Equipment.
- At the time of installation of any car seat or capsule by Baby Bunting, we will instruct you on the proper use of that piece of Equipment.
- Baby Bunting is committed to ensuring that child car restraints are fitted and used properly. When you hire Equipment from Baby Bunting, we will (unless you tell us otherwise) install the Equipment in your motor vehicle provided the Equipment can be properly installed in the vehicle (for example, it has the correct child restraint anchor / fitting points). If the Equipment cannot be properly installed in your vehicle, Baby Bunting may elect not to proceed with the hire of the Equipment. If this occurs, Baby Bunting will promptly refund the costs of the hire to you.
- If Baby Bunting does not install the Equipment in your vehicle, we recommend that you have the Equipment installed by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
- Once installed, we recommend that you do not uninstall the Equipment. If you do so, we recommend that you have it reinstalled by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
- You should regularly check that the child car restraint is firmly and securely installed in accordance with the manufacturer’s instructions.
- A failure to properly install a child car restraint could cause the restraint not to operate as intended and could pose a risk of serious injury to a child.
- You must ensure that no one uses the Equipment who is not instructed in the proper use of the Equipment.
What to do if you have concerns about the Equipment
(a) you believe that the Equipment is not working properly or becomes damaged; or
(b) the Equipment is in a motor vehicle involved in an accident,
immediately stop using the Equipment.
- You must notify Baby Bunting as soon as possible if this occurs and we will advise you of the steps you should take (for example, returning the Equipment to Baby Bunting).
Fees and charges
- You agree to pay to us the fees and charges contemplated by these Terms and Conditions. The current fees for hiring Equipment are set out in the schedule.
- If you do not return the Equipment to Baby Bunting at the end of the Hire Period, Baby Bunting may charge you fees in relation to the additional period of time that the Equipment remains outstanding beyond the original Hire Period.
- All fees and charges quoted are in Australian dollars and are inclusive of GST.
Security Deposit and lost or damaged Equipment
- When you hire Equipment, a Security Deposit is also payable. We will refund the Security Deposit back to you (in the same payment method as which it was made) when:
(a) you return the Equipment at the end of the Hire Period; and
(b) provided the Equipment is returned to us in the same condition as at the start of the Hire Period, excepting fair, wear and tear.
- If the Equipment:
(a) is not returned to us at the end of the Hire Period; or
(b) is returned not in the same condition as at the date of the Hire Period, excepting fair, wear and tear, we can retain some or all of the Security Deposit (at our discretion) to meet the costs of the lost or damaged Equipment.
- If the amount of the Security Deposit is not enough to meet our costs or the loss we have suffered due to the Equipment not being or being returned, you agree to pay to Baby Bunting the costs of cleaning, repairing or replacement the Equipment, to the extent those costs exceed the amount of the Security Deposit.
- If we incur additional costs (such as collection fees or legal expenses) in seeking payments from you pursuant to clause 19 , you agree to reimburse Baby Bunting for those additional costs.
- If the Equipment is lost, stolen or damaged, you must inform Baby Bunting as soon as possible after you become aware.
- You are advised to appropriately insure the Equipment to ensure. We recommend you contact your motor vehicle insurer to extend the existing insurance coverage to the Equipment for the duration of the Hire Period.
Your representations to Baby Bunting
- You represent and agree in favour of Baby Bunting that:
(a) information you have provided when hiring the Equipment is true and accurate – in particular the information about the age of the child using the Equipment (we seek this information to ensure that you are using the car seat or car capsule that is appropriate for the age of the child);
(b) you will use the Equipment in accordance with the manufacturer’s instructions and you will not alter, modify or repair the Equipment;
(c) you will keep the Equipment clean and in the same condition as they were in at the commencement of the Hire Period (excepting fair, wear and tear);
(d) you will retain control of the Equipment at all times;
(e) if the Equipment is stolen you will provide Baby Bunting with a copy of the police report or any other evidence of the loss as is requested by Baby Bunting.
Your liability and our liability
- Your hire of the Equipment is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Equipment must be of acceptable quality, reasonably fit for the purpose that Baby Bunting represents they will be fit for, and that the Equipment will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
- Subject to paragraph 24 above and to the extent permitted by law:
(a) Baby Bunting will have no liability to you or any other person for any injury, loss, cost, expense or damage (including to property) that is incurred or suffered by any person in connection with or as a result of:
(i) the use or hire of the Equipment;
(ii) the theft, loss or damage of the Equipment; and
(b) you agree to indemnify Baby Bunting and its employees and officers against any injury, loss, cost, expense or damage they may suffer or incur directly or indirectly in connection with or as a result of the use or hire of the Equipment.
Recovering the Equipment
- If you fail to comply with these Terms and Condition (including failing to pay any amounts due to Baby Bunting), Baby Bunting can re-take possession of the Equipment. You agree that Baby Bunting (or its agents) may enter into a place or premises where the Equipment is located to re-take possession of the Equipment and you agree to provide assistance to Baby Bunting to enable this to occur. This right is in addition to any other rights Baby Bunting may have.
- Baby Bunting reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
- Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
- As between you and Baby Bunting, these Terms and Conditions as they apply in respect of the hire of specific Equipment, can only be amended in writing as agreed to by you and us.
- These Terms and Conditions are governed by the laws of Victoria, Australia.
Schedule of fees and charges
[Include details of fees and charges]