Gotcha Baby Ltd 1.98

Terms and Conditions of Hire:

HIRE OF EQUIPMENT TERMS AND AGREEMENT
This agreement is made between Gotcha Baby Ltd and the Hirer. These terms and conditions apply to the hire of equipment the Hirer has agreed to hire from Gotcha Baby Ltd. In using our website for these or any other purposes the Hirer agrees to be bound by these terms and conditions. In these terms and conditions, “we” “us” and “our” refers to Gotcha Baby Limited. “you” refers to the person/s who has agreed to rent the Goods and your heirs and successor; “equipment” refers to the goods you have selected to hire and any replacement for those items and all associated accessories and other equipment; “Hire Period” 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
1. We agree to hire the equipment to you for the hire period for a stated fee and charges and you agree to return the equipment to us by the end of the rental period.
2. All equipment is hired clean and free from defect and must be returned in the same condition.
Delivery
3. If we have agreed to arrange the delivery of the equipment to you or your agent;
4. You must pay for all costs associated with delivery to you or your agent including courier, insurance and other charges arising from the point of dispatch to the point of delivery to you or your agent;
5. We will use reasonable endeavours to arrange delivery of the equipment by the first day of the term;
6. 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.
Payments
7. We reserve the right to charge a bond on all equipment hired and refund of any bond is dependent on return of all the hired equipment in as good and reasonably clean condition as when first received by you.
8. You must pay the full hire charge to us either at the time when your order is processed online or at the time the equipment is delivered or collected by you or your agent.
9. Hire charges at the daily rate will accrue until the equipment is returned to us in a clean and serviceable condition.
10. All time is chargeable including on Saturdays, Sundays and public holidays.
11. If you do not attend to payment of the hire charges on time, we may withhold delivery of the equipment to you.
12. Payment of the hire charges by cheque is not deemed made until the proceeds of the cheque have cleared.

Holding over
13. If you and we agree that the equipment will remain in your possession after the term expires, you 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.
14. The ongoing hire charges will be paid by you to us on the day you request the hold over period begins.
15. 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.
Hirer responsibilities
16. Must inspect the equipment at the time of delivery to satisfy yourself as to its conditions and specifications.
17. You are deemed to have accepted the equipment unless you notify us of a problem at the time of delivery. If we accept that the equipment is not in good condition and/or the specifications are not correct, we may at our option either replace the equipment or terminate the hire agreement and refund any hire charges paid by you.
18. Use and care for the equipment as if it was your own, in the manner of a prudent owner.
19. Ensure that the equipment is used only by persons properly instructed in the use of the equipment.
20. Comply with all laws regarding the use and operation of the equipment.
21. You will in the event that the equipment is involved in any motor vehicle collision or like accident, immediately discontinue the use of the goods, notify us and arrange for the return of the equipment to us.
22. You will advise us if any of the hired equipment has been involved in an accident in any way. Reporting an accident will not affect the bond refund or attract charges.
Hirer must not:
23. Use the equipment otherwise than for the purpose for which it was designed and for which it may be lawfully used.
24. Sell the equipment.
25. Use the equipment in a dangerous or unlawful manner or for an illegal purpose.
26. Allow the equipment to be misused.
27. Leave the equipment in a location, position or in circumstances where it is unsafe.
28. Make any modification to the equipment without first obtaining our permission.

Maintenance and repair
29. We will supply the equipment to you in a safe serviceable and clean condition.
30. You are responsible for ensuring that the equipment remains in a safe serviceable and clean condition apart from fair wear and tear.
31. If the equipment breaks down or is not working satisfactorily, you must notify us immediately. If requested by us, you must return the equipment to us for examination.
32. You must not repair or attempt to repair the equipment unless you obtain our written consent.

Return of equipment
33. At the end of the term, you must either return the equipment to us at the location which we agree with you or arrange a day and time with us for collection.
34. You must return the equipment to us in good condition, and undamaged.
35. The equipment must be in clean condition when returned. If it is not, you will be charged a cleaning fee.
36. If you do not return the equipment on the date and by the time shown in the hire agreement, you must pay the daily hire charges until the equipment is returned or the full cost of replacement will be charged to your credit card 7 days past the due date.
37. If you leave any property in the equipment when it is returned to us and you do not retrieve that property within 24 hours, the property will be deemed abandoned and may be disposed of as we think fit.


Termination
38. You may terminate the hire agreement at any time by returning the equipment to us however, we do not refund for an early termination.
39. We may terminate the hire agreement and take back possession of the equipment if you commit a material breach of this hire agreement.
Cancellation
40. We may cancel your hire agreement by written notice to you if we are unable to deliver or provide the equipment to you.
41. If you wish to cancel your hire agreement and we have not yet dispatched the equipment to you, you must give us notice in writing in which event the following applies:
41.1 If you give more than 7 days’ notice, you will be refunded 100% of your hire charges (if any) paid by you in advance;
41.2 If you give 7 days’ notice, you will be refunded 50% of your hire charges (if any) paid by you in advance;
41.3 If you give less than 7 days’ notice, you will not receive any refund.
Access
42. You authorise us to enter upon any premises where we reasonably believe any equipment or any part thereof to be and, subject to our discretion, inspect, test, repair, replace or repossess the equipment.
Risk, liability, release and indemnity
43. You use the equipment at your own risk.
44. You assume 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.
45. You acknowledge that we are not liable to you 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.
46. We 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.
47. To the greatest extent permitted by law, you release us 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.
48. You must indemnify us 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 you.
49. You indemnify us against any loss or damage suffered by us 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.
Insurance
50. Insurance of the equipment is the responsibility of the hirer. The risk in the equipment and all insurance responsibility for theft, damage or otherwise will pass to you immediately on the equipment being delivered to you or taken by you from our premises.
Card authorisation
51. You authorise us to charge your credit card or debit card specified in the hire agreement with all amounts which you are liable to pay us under the hire agreement.



Miscellaneous
52. Any quotation provided to you by us for the proposed supply of goods and services:
52.1 Is valid for 30 days only;
52.2 Is only valid if in writing.
53. If you place an order via telephone, by electronic means or via our website, a binding agreement does not come into being until the later of:
53.1 We notify you in writing that your order is confirmed.

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.