1. Hire

1.1. We agree to rent the equipment to you for the term on the terms and conditions set out in this hire agreement.

  1. Delivery

2.1. You must, subject to clause 2.2:

2.1.1. collect the equipment from our address on the first day of the term; and

2.1.2. return the equipment to our address on the last day of the term or the last day of the hire, as the case may be,

at your own cost and expense.

2.2. If we have agreed to arrange the delivery of the equipment to you or your agent:

2.2.1. you must pay for all costs associated with delivery to you or your agent including freight, insurance and other charges arising from the point of dispatch to the point of delivery to you or your agent;

2.2.2. we will use reasonable endeavours to arrange delivery of the equipment by the first day of the term;

2.2.3. you must pay for the costs incurred in storing the equipment and arranging for its re-delivery to you or your agent, or its return to our address if you or your agent are not at the location to accept delivery.

  1. Payments

3.1. The hirer must pay the hire charges to us at the time when your order is processed, but no later than the time the equipment is collected by you or your agent.

3.2. Hire charges accrue until the equipment is returned to Child Safety Solutions in a clean and serviceable condition. Full replacement costs are payable by the hirer if the item is not returned, or is not in clean and servicable condition upon return.

3.3. All time is chargeable including on Saturdays, Sundays and public holidays.

3.4. If the hirer does not attend to payment of the hire charges on time, we may withhold delivery of the equipment.

3.5. If the hirer is late in making payment of the hire charges:

3.5.1. Child Safety Solutions may withhold delivery of the equipment to you;

3.5.2. The Hirer must pay interest at the rate of 1% per month on money due and payable but unpaid from time to time by you on any amount owing under this hire agreement computed from the due date until the date for payment .

3.5.3. The hirer must pay further hire charges at the same rate as listed in the hire agreement and late fees for each piece of equipment being the lesser of $7 per day or $60.00 per month per item.

3.6. Payment of the hire charges by cheque is not deemed made until the proceeds of the cheque have cleared.

3.7. If applicable the hirer must pay the bond at the start of the hire term. If the hirer complies with the terms and conditions of hire, the equipment is undamaged when it is returned to Child Safety Solutions, and the hirer has paid all amounts, which the hirer is liable to pay to Child Safety Solutions under these terms and conditions, the bond will be returned to the hirer. Child Safety Solutions may deduct from the bond and keep any amounts which the hirer is liable to pay to Child Safety Solutions which you have not paid when due, under these terms and conditions.

3.8. All amounts payable by the hirer under this hire agreement are expressed as goods and services tax exclusive amounts. You must pay us any applicable goods and services tax in addition to the amounts expressed in this agreement.

3.9. Time is of the essence with respect to the hirers performance of obligations under this hire agreement.

3.10 The hirer is responsible for payment of any fees and/or charges related to the recovery of any outstanding payments, debts or hire fees. These fees and/or charges may include debt collection fees, legal fees and/or court charges as applicable.

  1. Holding over

4.1. If the hirer and Child Safety Solutions agree that the equipment will remain in your possession after the term expires, the hirer will hold and make use of the equipment subject to the terms and conditions of this hire agreement which will continue to apply so far as they are capable of application. To avoid doubt:

4.1.1. The hire charges will be paid by the hirer to Child Safety Solutions during the period of possession after the last day of the period described as the term in the reference table as if that period forms part of the term; and

4.1.2. The hire will subsist on a week to week basis but may be terminated by us at any time by giving you 24 hours’ written notice.

  1. Things the hirer must do

The hirer must:

5.1. Inspect the equipment at the time of delivery to satisfy yourself as to its condition and specifications. Subject to the guarantees contained in sections 56 and 57 of the ACL which apply to a consumer, the hirer is deemed to have accepted the equipment unless you notify Child Safety Solutions to the contrary at the time of delivery. If Child Safety Solutions accept that the equipment is not in good condition and/or the specifications are not correct, Child Safety Solutions may at our option either replace the equipment or terminate the hire agreement and refund any hire charges paid by the hirer;

5.2. use and care for the equipment as if it was the hirer's own, in the manner of a prudent owner;

5.3. ensure that the equipment is used only by persons properly instructed in the use of the equipment; and

5.4. comply with all laws regarding the use and operation of the equipment.

  1. Things the hirer must not do

The hirer must not:

6.1. use the equipment otherwise than for the purpose for which it was designed and for which it may be lawfully used;

6.2. sell the equipment;

6.3. use the equipment in a dangerous or unlawful manner or for an illegal purpose;

6.4. allow the equipment to be misused;

6.5. leave the equipment in a location, position or in circumstances where it is unsafe to do so; and

6.6. make any modification to the equipment without first obtaining our permission.

  1. Maintenance and repair

7.1. Child Safety Solutions will supply the equipment to you in a safe, serviceable and clean condition.

7.2. The hirer responsible for ensuring that the equipment remains in a safe serviceable and clean condition apart from fair wear and tear.

7.3. If the equipment breaks down or is not working satisfactorily, the hirer must notify Child Safety Solutions immediately. If requested by Child Safety Solutions, the hirer must return the equipment to Child Safety Solutions for examination.

7.4. The hirer must not repair or attempt to repair the equipment unless you obtain written consent from Child Safety Solutions.

7.5. The hirer must bear the cost of repairing the equipment unless that is contrary to the ACL.

  1. Return of equipment

8.1. At the end of the term, the hirer must return the equipment to Child Safety Solutions at the location, time and date which Child Safety Solutions agree with you.

8.2. the hirer must return the equipment to Child Safety Solutions in good repair and condition, and undamaged apart from fair wear and tear.

8.3. The equipment must be reasonably clean when the hirer returns it. If it is not, the hirer will be charged a cleaning fee.

8.4. If the hirer does not return the equipment on the date and by the time as agreed upon, the hirer must pay the hire charges until the equipment is returned or possession of the equipment is recovered by us.

8.5. If the hirer leaves any property in the equipment when it is returned to Child Safety Solutions or it's agents and the hirer does not retrieve that property within 24 hours, the property will be deemed abandoned and may be disposed of as Child Safety Soutions sees fit.

  1. Termination

9.1. The hirer may terminate the hire agreement at any time by arranging and returning the equipment to Child Safety Solutions. The hirer must pay all monies due to Child Safety Solutions under the hire agreement, including hire charges for the full term, at the time that the hirer returns the equipment.

9.2. Child Safety Solutions may terminate the hire agreement and take back possession of the equipment if the hirer commits a material breach of this hire agreement.

  1. Cancellation

10.1. Child Safety Solutions may cancel your hire agreement by written notice to you if we are unable to deliver or provide the equipment to you;

10.2. If the hirer wishes to cancel the hire agreement and Child Safety Solutions have not yet dispatched the equipment, the hirer must provide notice in writing in which event the following applies:

10.2.1. If the hirer provides between 72 hours’ notice and up to seven days’ notice, the hirer will be refunded 50% of the hire charges (if any) paid in advance;

10.2.2. If the hirer provides more than seven days’ notice, the hirer will be refunded 100% of the hire charges (if any) paid in advance;

10.2.3. If the hirer provides less than 72 hours’ notice, the hirer will not receive any refund.

  1. Access

11.1. The hirer authorises us to enter upon any premises where CHild Safety SOlutions and it's agents reasonably believe any equipment or any part thereof to be and, subject to our discretion, inspect, test, repair, replace or repossess the equipment.

  1. Risk, liability, release and indemnity

12.1. The hirer uses the equipment at their own risk.

12.2. The hirer assumes all liability for loss or damage or injury to persons or property, or to a third party arising out of the use, installation or possession of the equipment unless recoverable from Child Safety Solutions due to the failure of any statutory guarantee under the ACL;

12.3. The hirer acknowledges that Child Safety Solutions are not liable to the hirer or any third parties for any loss or damage you or a third party may suffer as a consequence of the equipment not being delivered by the first day of the term;

12.4. If the hirer is a consumer, nothing in this hire agreement restricts, limits or modifies the hirers rights against us for failure of a statutory guarantee under the ACL;

12.5. If the hirer is not a consumer, Child Safety Solutions are not liable to you or any third party for loss or damage in any way arising under or in connection with the hire, installation, use of, storage or any other dealings with the equipment by you or any third party;

12.6. To the greatest extent permitted by law, the hirer release Child Safety Solutions from liability for any loss, damage, injury, cost or expense suffered or incurred by you or a third party arising from or incidental to your use or possession of the equipment, except to the extent that it is caused by our negligent or wilful act or omission.

12.7. The hirer must indemnify Child Safety Solutions and keep us indemnified against any claim, cost, injury, damage or loss which we suffer or incur in respect of or arising from any breach of this hire agreement by the hirer.

12.8. The hirer indemnifies Child Safety Solutions against any loss or damage suffered by Child Safety Solutions or our employees, contractors or agents as a result of our arranging delivery of the equipment to you or your agent except where you are a consumer and we have not exercised due care and skill.

  1. Our Insurance

13.1. If the box contained in the insurance item of the reference table is ticked/marked “no”:

13.1.1. You acknowledge having received a copy of our insurance policy on or prior to the commencement date;

13.2. Subject to clause 13.3:

13.2.1. You must not do or fail to do anything which, if done or not done by us, would void or otherwise detract from our rights under our insurance policy; and

13.2.2. You indemnify us from loss, liability or damages sustained because of any failing on your part to strictly observe and perform your obligations under clause 13.2.1.

13.3. Nothing in clause 13.2 imposes an obligation on the hirer to pay insurance premiums necessarily payable by us to the insurer under our insurance policy to keep and maintain the currency of that policy.

13.4. If a claim is made under our insurance policy because of destruction of or damage to the equipment (or any part of it) which is brought about by your acts or omissions (“our claim”), you must:

13.4.1. pay to us on demand any deductible or excess payment or any other cost or expense incurred by us under our insurance policy in connection with our claim; and

13.4.2. indemnify and hold us indemnified from loss or liability arising under our insurance policy in connection with any excess or deductible payment or other sum payable by us and relating to our claim.

  1. Your insurance (Company sublease only)

14.1. Throughout the term, the hirer must take out and maintain at your own cost and expense (with an insurance company approved by Child Safety Solutions), a policy of public risk insurance in the hirers name or their applicable agent or company. The policy must provide for insurance cover in an amount reasonably determined by us from time to time (and at the commencement date, the sum so determined is $20 million).

14.2. The hirer must:

14.2.1. cause Child Safety Solutions interest as owner to be noted on the policy of insurance referred to in clause 14.1; and

14.2.2. in respect of that insurance, produce a certificate of currency on our demand made from time to time throughout the term.

14.3. If the box contained in the insurance item of the reference table is ticked/marked “yes”, the following provisions apply:

14.3.1. The hirer must insure the equipment for its full replacement and reinstatement value at all times during the term and any other period during which the equipment is in the hirers power, possession or control;

14.3.2. Insurance taken out under this clause 14.3 must be taken out:

14.3.2.1. at the hirers sole cost (which cost is in addition to any other cost or expense payable by the hirers under this agreement); and

14.3.2.2. with an insurer that is satisfactory to Child Safety Solutions in all respects.

14.3.3. Before Child Safety Solutions release the equipment to the hirer, we may insist that you give us documentary evidence of:

14.3.3.1. insurance required to be taken out under this clause;

14.3.3.2. the currency of that insurance (including a receipt for the premium payable to maintain the insurance for the term);

14.3.3.3. the identity of the insurer, together with a copy of the policy document. Nothing in this clause 14.3.3 (and any step taken by us under it) affect any other provision in the agreement including your obligation to pay the hire fee throughout the term under clause 3.

14.4. The hirer must not do or fail to do any act, omission, matter or thing which could invalidate, render subject to cancellation or adversely affect the policy of insurance referred to in clause 14.1.

  1. Ownership and personal property securities law

15.1. Ownership of the equipment remains with Child Safety Solutions at all times.

15.2. By entering into the hire agreement, the hirer may be granting a security interest in the equipment to us. The security interest attaches to the equipment when you take possession of the equipment. We may perfect our security interest by lodging a financing statement in the PPSR. You must do anything we reasonably require to enable us to do so.

15.3. We do not need to give you any notice under the PPSA, unless notice is required by the PPSA and that requirement cannot be excluded.

  1. Warranty of authority

16.1. Each person signing this hire agreement as an authorised officer or agent of a party by so doing warrants that as at the time of signature by him/her, he/she has full authority to execute on behalf of that party.

  1. Assignment

17.1. This hire agreement is personal to you and cannot be assigned without our prior written consent which consent may be given, refused or given on such conditions as we in our discretion determine.

17.2. In connection with any sub-hire by the hirer, the following provisions apply:

17.2.1. The hirer must not sub-hire any of the equipment to anyone unless Child Safety Solutions (in our absolute discretion) first consent in writing. Any such sub-hire must be writing in a form acceptable to us and must be expressed to be subject to our rights under this hire agreement. You must not vary a sub-hire without our prior written consent (which may be withheld in our absolute discretion);

17.2.2. The hirer must ensure that Child Safety Solutions are provided at all times with up to date information about any sub-hire including the identity of the sub-hirer, the terms of the state of accounts and payments under the sub-hire and the location and condition of the equipment;

17.2.3. the hirer must take all steps including registration under PPSA as may be required to:

17.2.3.1. ensure that any security interest arising under or in respect of a sub-hire is enforceable, perfected or otherwise effective under PPSA;

17.2.3.2. enable you to gain (subject always to our rights) first priority (or any other priority agreed by us in writing) for the security interest;

17.2.3.3. and enable Child Safety Solutions and the hirer to exercise our respective rights in connection with the security interest.

  1. Card authorisation

18.1. The hirer authorises Child Safety Solutions to charge the hirer's credit card or debit card specified in the hire agreement with all amounts which you are liable to pay Child Safety Solutions under the hire agreement, including amounts payable pursuant to clause 12.

  1. Waiver

19.1. No failure, delay, relaxation or indulgence by a party in exercising a power or right under this hire agreement operates as a waiver of the power or right, and no single or partial exercise of a power or right and no single failure to exercise precludes any other or future exercise of the power or right or the exercise of any other power or right.

  1. Entire understanding

20.1. The covenants and provisions contained in this hire agreement exclusively and completely state the rights of the parties with respect to the subject matter of this hire agreement. This hire agreement supersedes all negotiations and prior agreements, whether written or oral, in respect of the subject matter of this hire agreement. If there is conflict or inconsistency between the terms, conditions and provisions of this hire agreement and any prior agreement or arrangement, the terms, conditions and provisions of this hire agreement will prevail.

  1. No reliance

21.1. The parties have not in entering this hire agreement relied upon any statement, representation, undertaking, warranty or condition made or given by or on behalf of any other party in respect of the subject matter of this hire agreement other than those that are expressly contained in this hire agreement.

  1. Amendments

22.1. No modification, variation, amendment or alteration of this hire agreement is valid unless in writing and executed by all parties.

  1. Miscellaneous

23.1. Any quotation provided to the hirer by Child Safety Solutions for the proposed supply of goods and services:

23.1.1. is valid for 30 days only;

23.1.2. is an invitation to treat only; and

23.1.3. is only valid if in writing.

23.2. If the hirer places an order via telephone, by electronic means or via our website, a binding agreement does not come into being until the later of:

23.2.1. Child Safety Solutions notify you in writing that we accept your offer; or

23.2.2. Child Safety Solutions provide you with the goods or services ordered.

  1. Dictionary

In this hire agreement:

24.1. ACL means the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth);

24.2. bond means the amount of money specified in the hire agreement paid either in cash or via a credit card or debit card;

24.3. consumer has the same meaning as the definition in the ACL

24.4. equipment means the good described in the hire agreement and includes all equipment, accessories and other goods supplied with the equipment

24.5. hire agreement means the hire agreement form containing the details of the hire agreement and signed by you, and includes these terms and conditions;

24.6. hire charges includes the rental rate, and extras specified in the hire agreement;

24.7. PPSA means the Personal Properties Securities Act 2009;

24.8. PPSR means the Personal Properties Securities Register established by the PPSA;

24.9. sub-hire means any lease, hire, bailment or granting of possession of the equipment;

24.10. term means the period of hire, beginning when you take possession of the equipment and ending on the return date, or when you return the equipment to us, whichever is the latter;

24.11. you/your means the person whose details appear in the “Hirer’s Details” section of the hire agreement and, where the context permits, includes the authorised drivers;

24.12. we/our/us means Child Safety Solutions

24.13. The hirer('s) means the person or party entering into the agreement, whose details appear in the “Hirer’s Details” section of the hire agreement and, where the context permits, includes the authorised drivers;

 

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