This agreement is made between Baby Capsules Hire and More and the Hire and the Hirer. These terms and conditions apply to the hiring of Equipment the Hirer has agreed to hire from Baby Capsules Hire and More. In using our website for this or for any other purpose the Hirer agrees to be wholly bound by these terms and conditions.
Terminology
In these terms and conditions, the expressions:
- · “we”, “us” and “our” are a reference to Baby Capsules Hire and More Equipment Hire
- · “you” and “Hirer” means the person who has agreed to rent the Goods and your heirs and successors;
- · “Goods” means the goods you have selected to hire and any replacement for those items and all associated accessories and other equipment;
- · “Hire Term” means the period beginning on the date you have nominated and ending on the date you have nominated as the expiry date upon which the goods are to be returned to us.
Hire of Equipment
We agree to hire the equipment to you for the Hire Term for a stated fee and charges and you agree to return the Goods to us by the end of the Hire Term. All Goods are hired clean and free from defect and must be returned in the same condition. We reserve the right to charge a cleaning bond and a security on all equipment hired and refund of any bond is dependent on return of the hired equipment in as good and clean a condition as when first received by you. Some items are hired with accessories and these accessories must be returned in good condition with the goods. In the event the goods are not returned or are returned damaged a replacement item will be charged to your credit card.
You are entitled to use the goods for the Hire Term and for any mutual agreed extension of the Hire Term negotiated with Baby Capsules Hire and More prior to the end of the Hire Term if the goods are available for the extended period; If not available then you agree to return the goods as per the original hire period.
You authorise us to complete any documents necessary to enable us to make any payments through the credit card system that you nominate for payment. A bond is applicable on all items hired Baby Capsules Hire and More. You agree and authorise that the full bond will be debited from your nominated credit card or other means of bond security at this time. We do not give any warranty in respect of the condition of the hired equipment, or it’s suitability for any particular purpose. It is the hirers responsibility to ensure that any equipment hired is appropriate for its intended use.
Items returned early are not eligible for a refund for unused time. We reserve the right to charge 100% of all charges if less than 10 business days cancellation notice for an order is given prior to delivery date.
Baby Capsules Hire and More does not accept responsibility for any injury to person or persons or damage to property belonging to you or to anyone else, which arises from the use of any equipment hereby hired, however any such injury may arise or be caused.
Our Obligations
Baby Capsules Hire and More ensures that goods hired by you are in good order at the time of hire. Items are thoroughly cleaned at the end of each hire agreement and prior to a new hire commencing.
Your Obligations
The personal particulars you have provided with your order are declared by you to be correct in every aspect and are not misleading in any way including, without limitation, by omission.
You agree;
a) You will keep the Goods you intend to hire in good condition and only use them in accordance with the manufacturer’s recommendations. Report any damage to, or loss of, the Goods to Baby Capsules Hire and More immediately and return the items if damage is such that the equipment is no longer safe to use.
b) You will pay for hiring fees until return of the goods hired.
c) You will be liable for any breach of this agreement committed by you, your servants or agents.
d) You will indemnify us for any loss (including legal costs) in relation to any breach of this agreement by yourself;
e) You will in the event that the Goods are involved in any motor vehicle collision or like accident, immediately discontinue the use of the good, notify us and arrange for the return of the Goods to us.
f) You will notify us of any change of address of the hirer at least 48 hours before any such change.
g) You will use the goods personally and not allow any non contracting party to use them.
Insurance of the equipment is the responsibility of the hirer – we do not effect any insurance whatsoever on the goods. The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to you immediately on the goods being delivered to you or taken by you from our premises.
h) You will advise Baby Capsules Hire and More if any of the hired equipment has been involved in an accident in any way.
Specific Warnings
You must take your own precautions when using the Goods and ensure that your use of the Goods is in accordance with the manufacturer’s recommendations. You agree that before you begin the use of the Goods you will familiarize yourself with the manufacturer’s recommendations and comply strictly with them.
If we have assisted you in the fitting or installation of the Goods or any of them, you will not tamper with the Goods or change the method of installation without first obtaining assistance from a person who is qualified in the safe handling, installation and maintenance of the Goods.
Exclusion Clause
a) Indemnity.
You shall indemnify and keep indemnified and save harmless us and our servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of Baby Capsules Hire and More, it’s servants or agents or otherwise.
b) Exclusion of liability.
We shall not be liable to you or your servants or agents for any damages, suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from representations warranties terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under part V Division 2A of the Trade Practices Act (1974) or relevant state legislation) use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of Baby Capsules Hire and More, it’s servants or agents or otherwise,
c) Operation of clauses.
Clause A & B hereof to the extent they are inconsistent with other clauses, terms or conditions of this agreement are to override such clauses and be of paramount force.
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 on this website. Your continued use of the website will represent an agreement by you to be bound by the terms and conditions as amended.
Privacy Policy
All personal information collected by Baby Capsules Hire and More is protected by the Privacy Act 1988 (Commonwealth of Australia). Any and all information collected at this website - including application form content and email addresses - will be kept strictly confidential and will not be sold, re-used, rented, loaned or otherwise disclosed to a third party, except where prior written permission is obtained from the individual who supplied the information and to whom the information refers. No attempt will be made to identify users of their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider's logs.
Any personal information provided to Baby Capsules Hire and More by site users will be treated with the utmost care, and will not knowingly be used in ways not explicitly consented to by the user who supplied the information and to whom the information refers.
Disclaimer
Whilst every precaution has been taken in the preparation of this document the publisher assumes no responsibility for errors and omissions. Neither is any liability assumed for damage resulting from the use of the information contained within this document.
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