TERMS & CONDITIONS FOR EQUIPMENT HIRE

These Terms & Conditions apply to the hire of baby capsules, child restraints, car seats, booster seats, travel systems and related equipment from Baby Capsules Hire & More.

By hiring equipment from us, you agree to these Terms & Conditions.

1. DEFINITIONS

“We”, “us” and “our” means Baby Capsules Hire & More.

“You” and “Hirer” means the person hiring the equipment.

“Equipment” means any baby capsule, child restraint, car seat, booster seat, travel system or related equipment and accessories supplied for hire.

“Hire Period” means the period agreed between Baby Capsules Hire & More and the Hirer.

2. HIRE OF EQUIPMENT

We agree to hire the Equipment to you for the agreed Hire Period and at the agreed hire fee.

The Equipment must be returned by the agreed return date unless an extension has been agreed with us.

The Equipment must be returned in a reasonably clean condition and with all components, accessories and parts supplied at the commencement of the hire.

All hired Equipment is inspected and cleaned before each hire.

A bond or deposit may be required. Where permitted by law, the bond may be used to cover loss, damage, excessive cleaning, missing components or other costs for which the Hirer is responsible.

3. EXTENDING YOUR HIRE

If you require the Equipment for longer than the original Hire Period, you must contact us before the agreed return date.

Any extension is subject to availability and payment of the applicable additional hire fee.

If the Equipment has already been allocated to another customer, it must be returned on the original agreed date.

4. EARLY RETURN AND CANCELLATION

If Equipment is returned before the end of the agreed Hire Period, no refund will be provided for unused hire days, except where required by law.

Cancellation charges may apply where a booking is cancelled with less than 10 business days' notice, particularly where Equipment, delivery or installation has already been arranged.

Any cancellation or refund policy operates subject to your rights under the Australian Consumer Law.

5. USE OF EQUIPMENT

The Hirer agrees to:

Use the Equipment only for its intended purpose.
Follow all manufacturer instructions supplied with the Equipment.
Use the Equipment only for a child for whom the Equipment is suitable.
Keep the Equipment in good condition while it is in the Hirer's possession.
Not modify, repair, alter or tamper with the Equipment.
Not remove or replace any component without our prior approval.
Immediately notify us of any damage, loss, defect or safety concern.
Stop using the Equipment if it becomes damaged, defective or unsafe.

The Hirer is responsible for providing accurate information about the child, vehicle and intended use of the Equipment so that an appropriate restraint can be selected.

6. CHILD RESTRAINT INSTALLATION AND HIRER RESPONSIBILITY

Where we install a hired child restraint, the installation will be carried out by our ACRI Accredited Child Restraint Fitters.

Where we install the Hirer's own child restraint, the installation is carried out based on the vehicle, restraint and information available to us at the time of installation.

Once the vehicle and child restraint leave our care, the Hirer, parent or guardian is responsible for the ongoing safety, condition, use and adjustment of the child restraint.

The Hirer, parent or guardian must:

Ensure the child restraint remains correctly fitted and secured.
Follow the manufacturer's instructions at all times.
Check the restraint before every trip.
Ensure the harness is correctly adjusted and secured.
Ensure the upper tether and other required attachments remain correctly fitted.
Regularly check that the restraint remains secure and has not become loose or damaged.
Immediately stop using the restraint if there is any concern about its condition or installation.
Have the restraint professionally checked if it has been removed, altered, repositioned or interfered with.

INSTALLATION AFTER REMOVAL, ALTERATION OR TAMPERING

Once a child restraint installed by Baby Capsules Hire & More has been removed, loosened, repositioned, reinstalled, adjusted or otherwise tampered with by anyone other than Baby Capsules Hire & More or an appropriately qualified child restraint fitter, our original installation is no longer valid.

Baby Capsules Hire & More cannot be responsible for the installation, positioning or performance of a child restraint after it has been removed, altered, adjusted, tampered with or otherwise interfered with after installation, to the maximum extent permitted by law.

A child restraint that has been removed or tampered with must not be treated as remaining correctly installed by Baby Capsules Hire & More and should be professionally checked and, where necessary, reinstalled before being used.

The Hirer, parent or guardian remains responsible for checking the restraint before every journey and for ensuring that it is used and adjusted correctly.

Our installation service does not transfer responsibility for the ongoing use, adjustment, maintenance or condition of the child restraint to Baby Capsules Hire & More.

7. ACCIDENTS AND DAMAGE

If a child restraint or other Equipment is involved in a motor vehicle accident or other incident that may affect its safety or structural integrity, the Hirer must immediately stop using it and contact us.

A child restraint involved in a significant crash or suspected to have been damaged in an accident may need to be removed from service and replaced.

The Hirer must notify us as soon as reasonably possible of any accident, damage or event that may affect the safety of the Equipment.

8. LOSS, DAMAGE AND MISSING ITEMS

The Hirer is responsible for Equipment that is lost, stolen or damaged while in the Hirer's possession, except to the extent that the loss or damage was caused by us or where responsibility cannot legally be transferred to the Hirer.

Where permitted by law, the reasonable cost of repairing or replacing lost or damaged Equipment or missing components may be charged to the Hirer.

9. CLEANING

All Equipment is professionally cleaned and inspected before each hire.

The Hirer must return Equipment in a reasonably clean condition.

Additional reasonable cleaning charges may apply where Equipment is returned excessively dirty, stained or contaminated.

10. EQUIPMENT SAFETY

We take reasonable steps to ensure that hired Equipment is clean, maintained and suitable for hire at the beginning of the Hire Period.

The Hirer must use the Equipment in accordance with the manufacturer's instructions and these Terms & Conditions.

If the Hirer believes that any Equipment is damaged, defective or unsafe, the Hirer must stop using it and contact us immediately.

11. INSURANCE AND RISK

The Hirer is responsible for taking reasonable care of the Equipment while it is in their possession.

Subject to the Australian Consumer Law and other applicable laws, the Hirer may be responsible for loss or damage resulting from misuse, negligence, unauthorised modification, failure to follow manufacturer instructions or failure to properly care for the Equipment.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Baby Capsules Hire & More is not responsible for loss, damage, injury or other consequences arising from:

Incorrect or improper use of the Equipment by the Hirer or any other person.
Failure to follow the manufacturer's instructions.
Failure to correctly secure or adjust the child restraint.
Removal, repositioning, reinstallation, loosening, modification or tampering with a child restraint after installation.
Damage to the child restraint occurring after installation.
Failure to notify us of an accident, damage, defect or change affecting the installation.
Use of the Equipment outside its intended purpose.
Any act or omission by the Hirer or another person after the Equipment has left our care.

Nothing in these Terms & Conditions excludes, restricts or modifies any right, guarantee, warranty, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

13. PRIVACY

Any personal information you provide to us may be used for purposes connected with your enquiry, booking, hire, installation, payment and customer service.

We take reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure.

Personal information will only be used or disclosed as reasonably required to provide our services, or where required or permitted by law.

14. AUSTRALIAN CONSUMER LAW

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies available to you under the Australian Consumer Law that cannot legally be excluded, restricted or modified.

Mandatory Australian Consumer Law wording — Goods

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Mandatory Australian Consumer Law wording — Services

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

15. CHANGES TO THESE TERMS

We may update these Terms & Conditions from time to time.

The Terms & Conditions applying to a hire will generally be those in effect when the booking is accepted, unless a change is required by law.

16. CONTACT US

Baby Capsules Hire & More

CALL +61 402 981 475