Standard Conditions of Hire – Hospital Bassinet Hire

Standard Conditions of Hire

These Standard Conditions will prevail and take precedence over any conflicting terms and conditions contained in any booking or other documentation or printed form of the Hirer, notwithstanding any language in the Hirer’s forms to the contrary.

Definitions

ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.

BBH means Baby Bassinet Hire Pty Ltd (ACN 614 767 092) of 30 Iluka Avenue, Elanora Heights, NSW 2101.

Contract means the contract between BBH and the Hirer comprising these Standard Conditions and the Provisional Booking Note.

Delivery Location means the location to which the Goods are to be delivered, as set out on the Provisional Booking Note or otherwise agreed between BBH and the Hirer.

Goods means the goods supplied by BBH to the Hirer, as set out on the Provisional Booking Note.

Hire Commencement Date means the earlier of the date on which the Hirer takes possession of the Goods or the date of delivery of the Goods to the address nominated by the Hirer.

Hire End Date means the proposed end date of the period of hire, as set out in the Provisional Booking Note.

Hire Fees means the fees set out on the Provisional Booking Note, plus GST.
Hire Period means the Minimum Hire Period and any further period of hire permitted

by BBH under clause 0.
Hirer means the person identified as such on the Booking Document.

Minimum Hire Period means the minimum period of hire of the Goods, commencing on the Hire Commencement Date and ending on the Hire End Date.

Booking Document means the provisional booking note provided with these Standard Condition.

Agreement to Hire

1.1 The Hirer agrees to hire the Goods for the Hire Period on the terms set out in this Contract.

Delivery and Inspection

1.2  BBH will use all reasonable endeavours to deliver the Goods to the Delivery Location on the delivery date agreed with the Hirer.

1.3  If present, the Hirer will be provided with an opportunity on inspect the Goods at the time of delivery.

1.4  The Hirer must raise any issues with the condition of the Goods with BBH’s representative at the time of delivery and note the same on the delivery docket, which shall be initialled by the Hirer and BBH’s representative.

Extension of Hire Period

1.5  If the Hirer wishes to extend the Minimum Hire Period, it must contact BBH on 0402 271 751 as soon as possible and in any event at least two (2) days before the end of the Minimum Hire Period.

1.6  BBH may, at its sole discretion, agree to extend the Hire Period beyond the Hire End Date. Hire Fees for any such extension are payable in full in advance. If BBH agreed to an extension, the Hire Period shall continue until the later of (i) the date on which BBH collects the Goods from the Hirer or (ii) the date on which BBH accepts the return of the Goods from the Hirer. In the event that BBH does not agree to extend the Minimum Hire Period, the Hire Period will come to an end on the Hire End Date.

Ownership of the Goods

1.7  BBH always remains the owner of the Goods. The Hirer holds the Goods as bailee only during the Hire Period. BBH retain title to the Goods even if the Hirer goes into bankruptcy or liquidation during the Hire Period.

1.8  The Goods shall be at Hirer’s risk from the Hire Commencement Date.

Hire Fees and Payment

1.9  The Hirer must pay the Hire Fees for the duration of the Hire Period.

1.10  The Hire Fees for the Minimum Hire Period shall be paid in advance in full (and shall be paid in full notwithstanding earlier return of any of the Goods). Hire Fees for any extended Hire Period shall be paid at the time of extension.

1.11  If the Hirer has given BBH a credit card authority or account debit authority, the Hirer authorises BBH to debit all fees and charges payable and due in accordance with this Contract to the Hirer’s card or account. Failure by the credit card provider to honour such changes shall not relieve the Hirer from personal responsibility for such charges.

1.12  If an amount is due to BBH under the Contract but is unpaid, interest shall be due on the overdue amount at the rate of 1.5% per month, calculated daily from the due date until payment is received in full and if required, the Goods have been returned in accordance with the Contract. The Hirer will be liable for all additional costs incurred by BBH in recovering unpaid amounts including the cost of legal and or mercantile agent fees.

Return of Goods

1.13  At least one (1) day prior to the end of the Minimum Hire Period, or any extended period, BBH will contact the Hirer to arrange collection of the Goods. BBH will confirm the date for collection with the Hirer. Goods will not be collected until a written confirmation is provided by BBH.

1.14  BBH will endeavour to effect collection of the Goods at the agreed times but will not under any circumstances be liable for any delay in delivery or collection or for failure to deliver or collect.

1.15  In the event that the Goods are not made available to BBH for collection at the agreed time, the Hirer shall be liable for hire fees at BBH’s standard rates, plus a late fee of 25%.

Hirer’s obligations to BBH

1.16  The Hirer must:

(a)  only use the Goods as instructed;

(b)  not remove any label, identifying mark or safety instruction from the Goods;

(c)  keep the Goods in proper working order and condition;

(d)  store the Goods safely and securely and protected from theft, loss or damage;

(e)  not alter, tamper, damage or repair the Goods;

(f)  allow BBH (or BBH’s nominated person) at any time during the Hire Period, to enter the premises where the Goods are stored to inspect the Goods;

(g)  notify BBH immediately if there is any loss or damage; and

(h)  ensure that the Goods are returned to BBH in good working order.

1.17  If the Goods are damaged and capable of repair, the Hirer must compensate BBH for the cost of repair. If the Goods are lost or damaged beyond repair, the Hirer must pay BBH the new replacement cost of the Goods and any other costs incurred by BBH due to the loss or damage of the Goods.

1.18  The Hirer must not sell, offer for sale, part with possession of, mortgage, assign, transfer, charge, encumber or otherwise deal with the Goods in any way without BBH’s prior written consent.

Purchase of Goods

1.19 Subject to BBH’s prior written consent and agreement between BBH and the Hirer as to the sale price, BBH may, at the Hirer’s request, agree to sell the Goods to the Hirer at the expiry of the Hire Period. The Goods are not in any other circumstances offered for sale. For the avoidance of doubt, Hire Fees are payable for the Goods up until payment has been received in full by BBH.

Termination and Access for Repossession

1.20  Without affecting any other rights BBH may have, BBH may terminate the Contract at any time without liability to the Hirer if the Hirer:

(a)  breaches these terms;

(b)  fails to pay any amount when due; or

(c)  becomes bankrupt, insolvent, or is placed in liquidation, administration or receivership,

and in any such case BBH may repossess the Goods.

1.21  Without adversely affecting BBH’s other rights and remedies, upon termination of the Contract for any reason and/or upon expiry of the Hire Period:

(a)  the Hirer must provide BBH with all reasonable assistance in locating and collecting the Goods; and

(b)  the Hirer acknowledges and agrees that BBH or its employees or agents shall be entitled to enter the Hirer’s premises where the Goods are, or BBH reasonably believes the Goods are, in order to re-take the possession of Goods.

The Hirer indemnifies BBH against any liability, damage, loss, cost, charge, or expense arising directly or indirectly out of BBH exercising this right of entry.

1.22  If the Goods are not returned to BBH in the condition they were provided to the Hirer at the expiry of the Hire Period, or within seven (7) days of BBH making written demand, the Hirer must pay BBH the new replacement cost of the Goods and any other costs incurred by BBH due to the loss of the Goods.

Indemnity and Limitation of Liability

1.23  All guarantees, terms, conditions, warranties, undertakings or representations express or implied in any way relating to this Contract are excluded to the maximum extent permitted by law. Notwithstanding this, nothing in this Contract restricts or modifies any right or remedy including any guarantee imposed or implied under the ACL (if applicable) which contains guarantees to protect consumers of certain goods and services.

1.24  BBH’s liability for breach of this Contract is limited to (at BBH’s sole discretion):

(a)  in the case of Goods, the repair or replacement of the Goods or the supply ofsubstitute Goods (or the cost of doing so); or

(b)  in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

1.25  Save for any liability that BBH may not exclude, to the maximum extent permitted by law, liability for all claims arising under this Contract, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Hire Fees paid by the Hirer under this Contract.

1.26 The Hirer must indemnify BBH against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred against or by BBH in respect of:

  1. (a)  personal injury;
  2. (b)  damage to tangible property; or
  3. (c)  a claim by a third party, in respect of use of the Goods.

General

1.27  This Contract is governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

1.28  A provision of or right created under this Contract will not be waived by BBH or varied except in writing signed by an authorised representative of BBH.

1.29  A waiver by BBH of a provision will not waive any other provision of this Contract or constitute a continuing waiver unless expressly provided.

1.30  If a provision or right or remedy of a party under this Contract is void or unenforceable for any reason than that part will be read down or severed from this Contract without affecting the validity or enforceability of the remaining provisions.

1.31  The description, illustration and performance of any product contained in any catalogue, marketing material, price list or advertising does not form part of this Contract unless expressly set out in this Contract.

1.32  This Contract constitutes the entire agreement between the parties relating to its subject matter and supersedes any previous agreement. No amendment to this Contract will be binding unless agreed in writing by BBH.