TERMS AND CONDITIONS OF HIRE
Date: Effective on 1 April 2022
These Terms and Conditions of Hire set out the terms that are to apply between the customer (“you”) and BCD Partners Pty Ltd (ABN 49 637 450 189) (“BCD”, “we” or “us”) for the hire and use of hire equipment provided by Seat4Kids.
By placing an order to hire equipment from BCD you agree that these Terms and Conditions will apply to the agreement for BCD to hire Equipment to you.
Agreement to hire Equipment
- BCD agrees to hire Equipment to you, and you agree to hire the Equipment, for the Hire Period at the Hire Rates. The “Hire Period” is the period confirmed in your booking confirmation which starts on the day you receive the Equipment from BCD and ends on the date specified in the booking confirmation (or as may be extended by agreement). “Hire Rates” are the rates and charges for your Equipment confirmed in your booking confirmation. “Equipment” means the products to be hired by you as described in this agreement. Specific provisions that apply to particular Equipment are set out in the schedules to this agreement.
- You can extend the Hire Period at any time before the scheduled end of the Hire Period by contacting BCD. You will be required to pay additional time-based fees equal to the period by which you are extending the Hire Period. The extended Hire Period and Hire Rates will be confirmed in a further booking confirmation.
- You may return the Equipment to BCD before the end of the Hire Period. However, BCD will not provide you with any refund of your Hire Rates for the unused portion of the Hire Period.
- The Equipment must be returned to BCD store where you first received the Equipment, unless we agree to an alternate BCD store. Requests for an alternative store must be agreed at least one week in advance of the end of the Hire Period. Please contact the Hire Administrator (see your booking confirmation).
Important information – when using the Equipment
- You must follow specific instructions when using the Equipment. Refer to the applicable schedule for specific information.
What to do if you have concerns about the Equipment
- you believe that the Equipment is not working properly or becomes damaged; or
- in the case of a child car restraint, the Equipment is in a motor vehicle involved in an accident, immediately stop using the Equipment.
- You must notify BCD as soon as possible if this occurs and we will advise you of the steps you should take (for example, returning the Equipment to BCD).
Fees and charges
- You agree to pay to us the fees and charges contemplated by these Terms and Conditions and set out in your booking confirmation (Hire Rates).
- If you do not return the Equipment to BCD at the end of the Hire Period, BCD may charge you fees in relation to the additional period of time that the Equipment remains outstanding beyond the original Hire Period. The extension fees are those set out in the Rates Schedule.
- All fees and charges quoted are in Australian dollars and are inclusive of GST.
Lost or damaged Equipment
11. If the Equipment:
- is not returned to us at the end of the Hire Period; or
- is returned not in the same condition as at the date of the Hire Period, excepting fair, wear and tear, we can charge some fees (at our discretion) to meet the costs of the lost or damaged Equipment and, you also agree to pay to BCD the costs of cleaning, repairing or replacing the Equipment.
12. If we incur additional costs (such as collection fees or legal expenses) in seeking payments from you pursuant to clause 13, you agree to reimburse BCD for those additional costs.
- If the Equipment is lost, stolen or damaged, you must inform BCD as soon as possible after you become aware.
14. You are advised to appropriately insure the Equipment. We recommend you contact your insurer to extend the existing insurance coverage to the Equipment for the duration of the Hire Period.
Your representations to BCD
15. You represent and agree in favour of BCD that:
- information you have provided when hiring the Equipment is true and accurate – in particular, when hiring a child car restraint, the information about the age of the child using the Equipment (we seek this information to ensure that you are using the car seat or car capsule that is appropriate for the age of the child);
- you will use the Equipment in accordance with the manufacturer’s instructions and you will not alter, modify or repair the Equipment;
- you will keep the Equipment clean and in the same condition as it was in at the commencement of the Hire Period (excepting fair, wear and tear);
- you will retain control of the Equipment at all times; and
- if the Equipment is stolen you will provide BCD with a copy of the police report or any other evidence of the loss as is requested by BCD.
Your liability and our liability
16. Your hire of the Equipment is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Equipment must be of acceptable quality, reasonably fit for the purpose that BCD represents it will be fit for, and that the Equipment will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
- Subject to clause above and to the extent permitted by law:
- BCD will have no liability to you or any other person for any injury, loss, cost, expense or damage (including to property) that is incurred or suffered by any person in connection with or as a result of:
- the use or hire of the Equipment;
- the theft, loss or damage of the Equipment; and
- you agree to indemnify BCD and its employees and officers against any injury, loss, cost, expense or damage they may suffer or incur directly or indirectly in connection with or as a result of the use or hire of the Equipment.
Recovering the Equipment
18. If you fail to comply with these Terms and Condition (including failing to pay any amounts due to BCD), BCD can re-take possession of the Equipment. You agree that BCD (or its agents) may enter into a place or premises where the Equipment is located to re-take possession of the Equipment and you agree to provide assistance to BCD to enable this to occur. This right is in addition to any other rights BCD may have.
20. Any provision in this Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
- BCD may, at times it considers appropriate, modify these Terms and Conditions (including updating the Rates Schedule). Any variations or amendments will apply to all bookings made after the date of such amendment.
- Notwithstanding clause 22, as between you and BCD, these Terms and Conditions as they apply in respect of the hire of specific Equipment confirmed in a booking confirmation, can only be amended in writing as agreed to by you and us.
- These Terms and Conditions are governed by the laws of Victoria, Australia.
SCHEDULE 1 – CAPSULE AND CAR SEAT HIRE
This schedule applies in relation to Equipment that is a child car restraint and/or a related item or accessory.
Important information – using child car restraints safely
24. You are responsible for the safety of any child who uses the Equipment. You must familiarise yourself with the manufacturer’s instructions and comply with them when using the Equipment.
- We recommend that you have the car seat installed by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
- You should regularly check that the child car restraint is firmly and securely installed in accordance with the manufacturer’s instructions.
- A failure to properly install a child car restraint could cause the restraint not to operate as intended and could pose a risk of serious injury to a child.
- You must ensure that no one uses the Equipment who is not instructed in the proper use of the Equipment.