These terms and conditions apply to the baby and or nursery equipment you have agreed to hire (Goods). By hiring the Goods you agree to be bound by these terms and conditions.
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 via www.anythingbaby.com.au. By continuing to use the Goods following such notification you will be deemed to have accepted and be bound by the amended terms and conditions.
There is a bond payable on items hired, the bond will vary between $50 and $100 depending on items or packages hired. The bond will be processed at the time of paying for your hire equipment and taken from a nominated credit card. We will refund the bond back to your nominated credit card at the return of the items and in the condition in which they were hired to you. In the event of non return of items you will have part or all bond forfeited. Items thare are returned damaged or overly stained or soiled will have bond forfeited.
Rental of Goods
We agree to hire the Goods to you for the period set out in your on-line, email or telephone order (Rental Period) and you agree to take the Goods on hire for that period. You are entitled to use the goods for the Rental Period and for any extension of the Rental Period that we agree to. You agree to return the Goods to us at the end of the Rental Period in the state and condition required by these terms and conditions.
Payment of Rental Charge
You agree to pay us the charges as published on our website (Rental Charge) or via your received invoice for the Goods for the Rental Period. The Rental Charge is payable in advance prior to the start of the Rental Period.
If you keep the Goods for longer than the Rental Period you also agree to pay us the Rental Charge for the Goods for each additional day that you have the Goods.
Our preferred method of payment is by credit card. By hiring the Goods you authorize us to process any payments of Rental Charges payable by you on the credit card that you have nominated in your order.
You also authorize us to process the following charges on your nominated credit card:
(a) The cost of repair or replacement of any Goods that are damaged, lost or stolen whilst in your possession;
(b) Additional Rental Charges for each day that you have the Goods after the Rental Period has ended; and
(c) Any other amounts due and owing by you to us under these Terms and Conditions.
Your promises to us
You promise, or warrant (to use the legal term) that:
- The particulars you have entered with your order are entirely correct, that you have not left anything out that we should know about and that you have not included anything that is misleading in any way;
- If you have chosen to hire Goods for use with a motor vehicle then you hold a current driver’s license to drive the type of motor vehicle that the Goods will be used in;
- You will only install and use the Goods in accordance with the manufacturer’s recommendation.
You acknowledge that before you took delivery of the Goods either you, or someone responsible on your behalf, inspected the Goods and confirmed that they were:
- The Goods that you ordered;
- Not damaged in any way;
- Clean and of acceptable quality;
- Fit for the purpose that you intend to use them for.
- If the Goods included a car seat, then you also acknowledge that a copy of the manufacturer’s instructions were provided with the car seat.
You acknowledge the following obligations of which you must:
- Keep the Goods clean and in the same condition that they were in when you hired them;
- Only use the Goods as they would be used by a careful and prudent owner;
- Not alter, modify or repair the Goods;
- Use the goods as security to obtain credit;
- Not lend the Goods to anyone else;
- Report any damage to, or loss of, the Goods to us as soon as it occurs;
- liable for any breach of these terms and conditions even if the breach was caused by someone other than you;
- Indemnify us for any loss, liability or damage (including legal costs) we incur in relation to any breach of these terms and conditions;
- In the event that the Goods are involved in any motor vehicle collision or other accident, immediately stop using the Goods, notify us and arrange for their return.
We can retake possession of the Goods if any of these terms and conditions is breached.
Exclusion of Liability
You will indemnify us against any injury, loss or damage, however caused, which anyone else may directly or indirectly suffer in connection with the use of the Goods.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
If legislation implies any condition or warranty that we cannot exclude or modify then our liability for breach of that condition or warranty will be limited to:
- The replacement of the Goods or supply of equivalent goods; or the payment for the balance of the Rental Period; or
- If the breach relates to services, the supplying of the services again; or the payment of the cost of having the services supplied again.
These terms and conditions are governed by the laws in force in the State in which the Goods are hired. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
You are responsible for your own safety and the safety of everyone who uses the Goods (including children). You must ensure that you only use the Goods strictly in accordance with the manufacturer’s recommendations.
Wherever possible, we will provide you with a copy of the manufacturer’s recommendations as to the safe use and handling of the Goods. You agree that before you start using 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 any Goods, you must not tamper with the Goods or change the installation in any way without first obtaining assistance from a person who is qualified in the safe handling, installation and maintenance of the Goods.
In the event of lost or stolen Goods
In the event that you do not return the Goods (either the Goods are lost or stolen) while in your care and you fail to provide means by which Anything Baby is able to seek replacement costs to replace the Goods, you will be liable for all debt recovery charges payable to any debt recovery agency enlisted by Anything Baby.
We will make all reasonable attempts to contact you prior to any debt recovery agency being employed by us to recover replacement charges for stolen items. In this event all charges set by the debt recovery agency are to be met by the Hirer of the Goods supplied by the Anything Baby Franchise.
By signing your Anything Baby invoice you agree to the Terms and Conditions as stated above and acknowledge that you have read and understood all content listed in the said above.