Terms and Conditions

These terms and conditions must be read and accepted by the you, the Hiree, at the time a booking request form is submitted (the Booking Form). Upon submission of a booking form, a signed invoice or email confirmation, these terms and conditions are deemed accepted.

Definitions

  1. “Agreement” means the agreement between the Hiree and the Supplier consisting of a completed Booking Form, these standard terms and conditions and the applicable Invoice.
  2. “Booking Form” means the booking request form on the Essential Baby Tasmania website which the Hiree is required to complete to hire equipment.
  3. “Equipment” means the equipment supplied by way of hire by the Supplier to the Hiree.
  4. “Hiree” means you, the person(s), individually or jointly (if more than one), hiring the equipment.
  5. “Hire Period” means the period commencing on the date the equipment is collected by the Hiree from the Supplier’s depot or delivered by the Supplier to the Hiree at the location specified in the Booking Form (as applicable) and expiring on the date the equipment is returned to the Supplier’s premises in clean and undamaged condition and in the same state as it was received by the Hiree.
  6. “Invoice” means the invoice confirming the equipment being hired, the hire charge rates and the Hire Period.
  7. “Supplier/We/Our/Us means Essential Baby Hire Tasmania (ABN 62627253719)

 

Rental of Equipment

The Supplier agrees to provide and the Hiree agrees to hire the equipment:

  1. in the quantity and manner, at the location, and for the periods, set out in the booking form, email or telephone order.
  2. the Hiree is entitled to use the equipment for the rental period and for any extension of the rental period that the Supplier agrees to in writing.
  3. at the applicable rates set out in the Invoice and on the terms and conditions of the Agreement.

 

Use of the Equipment

The Hiree must:

  1. ensure only persons who have been instructed in the use of the equipment by the Supplier use the equipment;
  2. ensure that no person other than those instructed by the Supplier are permitted to use the equipment;
  3. take good care of the equipment and install, use, operate, maintain and store the equipment with due care and in accordance with the manufacturer and the Supplier’s instructions, recommendations and guidelines on the safe and proper operation of the equipment;
  4. do not make or permit any alterations or additions to the equipment, including any repair to the equipment.
  5. do not hire out the equipment or allow anyone else to use it
  6. return the equipment clean, undamaged and in the same state and condition as it was when received by the Hiree at commencement of the Hire Period.

The Supplier does not warrant that the equipment is suitable for any purpose for which it is or may be required. The Hiree is responsible for deciding the equipment is safe and appropriate for its intended use.

Delivery of Equipment

The Hiree must either:

  1. collect the equipment from the Supplier’s depot, at the time and on the day agreed between the parties; or request that it is delivered to the address set out in the booking form, at the Hiree’s cost, and at the time and on the day agreed between the parties.
  2. The Supplier will ensure upon collection or delivery, the equipment is clean, undamaged and in good working order.
  3. The Hiree must inspect the state and condition of the equipment upon collection or delivery. If the equipment does not meet the requirements the Hiree must inform the Supplier accordingly in writing within 2 hours.

 

Return of Equipment

The Hiree must, at the Hiree’s cost, return the equipment to the Supplier by the return date specified on the Booking Form. If the equipment is retained beyond the period of hire, an additional penalty of $20 per day for hire, in addition to the hire costs as specified in the booking agreement, will apply.

  1. Ensure the equipment is returned clean, undamaged and in the same state and condition as it was when received by the Hiree at commencement of the Hire Period.
  2. Equipment returned to the Supplier prior to the agreed return date specified in the booking form will not be eligible for any refund of the unused amount. 

 

Installation of Equipment by Supplier

  1. The Hiree may choose to have the equipment installed by the Supplier at the time and on the day agreed between the parties.
  2. The Supplier will install the equipment in accordance with relevant Australian Standards at the time of the installation (if applicable)and/or the manufacturer’s instructions.
  3. The Hiree is responsible for satisfying that the equipment has been installed in a safe and appropriate manner.
  4. The Hiree acknowledges that the Supplier accepts no responsibility with regard to the installation of the equipment.

 

Title and Risk

  1. The equipment is and will at all times remain the property of the Supplier.
  2. The equipment will be at the Hiree’s risk for the Hire Period or whenever the equipment is in the Hiree’s possession.
  3. The Hiree is responsible and liable to the Supplier for all loss of or damage to the equipment during the Hire Period or whenever the equipment is in the Hiree’s possession, howsoever caused, up to the full replacement value of the equipment.
  4. The Hiree shall not carry out or permit to be carried out any repairs to damaged equipment by any person other than the Supplier.
  5. The Hiree will immediately notify the Supplier of any loss or damage caused to the equipment during the hire period or whenever the equipment is in the Hiree’s possession.

 

Pricing and Payment

  1. Unless otherwise provided, rates quoted under the Invoice include GST.
  2. The Hiree must pay the Supplier relevant rates for the equipment for the duration of the Hire Period as set out under the Invoice, including any delivery charges.
  3. The rental charge is payable in advance, prior to the start of the rental period to secure the booking.
  4. Our preferred method of payment is by credit card. By hiring the equipment, you authorize us to process any payments of rental charges payable by you (the Hiree) on the card nominated to secure your booking. You also authorize us to process the following charges on your nominated credit card:
  • The cost of repair or replacement of any equipment that is damaged, lost or stolen whilst in your possession.
  • Additional rental charges for each day that you have the equipment after the hire period has ended; and
  • Any other amounts due and owing by you to us under these Terms and Conditions.
  1. If the Hiree keeps the equipment for longer than the rental period, the rental charges accrue until the equipment is returned to the Supplier in a clean and serviceable condition.
  2. A bond is applicable on all equipment hired from the Supplier. If the Hiree pays using credit card, this will remain unprocessed unless the equipment is not returned as per the Terms and Conditions or is returned damaged. Any amount to be paid will be debited from the Hiree’s nominated credit account. If payment is made using direct deposit, a bond will be charged and refunded at the end of the hire period if all equipment is returned in its original condition.

 

Cancellation

In the event that the Supplier is unable to provide the equipment, the Supplier may cancel the Hiree’s order by written notice to the Hiree. The Hiree will receive a refund of the hire charge and bond in full upon cancellation by the Supplier.

Cancellation of the Hiree’s order by the Hiree must be by written notice (email) to the Supplier as early as possible. If the Hiree has made payment of the hire charge and/or the bond, the Hiree will be refunded for the full amount of the hire charge and the bond paid except to the extent that any cancellation fee, unless the cancellation falls within 72 hours of the date when the hire period was to commence.  If cancellation falls within 72 hours of booking, it will incur a cancellation fee of 30 % of the hire charge. Cancellations outside of 72 hours will not incur a cancellation fee.

Indemnity

The Hiree must indemnify and hold harmless the Supplier from and against all claims, losses, damage, injury, demands, costs, expenses and fines (including the legal costs on a solicitor/client, full indemnity basis) of any kind arising out of or in relation to the Hiree’s use or misuse of the equipment or breach of the Agreement or otherwise.

Liability

The Supplier is not liable to the Hiree or any third party in any way arising out of or in relation to the hire, installation, use of, storage or any other dealings with the equipment by the Hiree or any third party, including any loss, damage, injury or expense suffered or incurred by the Hiree or any third party, whether resulting from the negligence of the Supplier or otherwise.

The Supplier is not liable for any consequential loss to the Hiree or any third party, including any claim, loss, expense or liability howsoever caused.

Rights Reserved

The Hiree may not rely on the words or conduct of the Supplier as a waiver of any right of the Supplier under these terms and conditions unless the waiver is in writing and signed by the Supplier.