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 Baby Bunting Pty Ltd (ABN 43 128 546 154) (“Baby Bunting”, “we” or “us”) for the hire and use of hire equipment provided by Baby Bunting.
By placing an order to hire equipment from Baby Bunting you agree that these Terms and Conditions will apply to the agreement for Baby Bunting to hire Equipment to you.
Agreement to hire Equipment
Important information – when using the Equipment
5. 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
(a) you believe that the Equipment is not working properly or becomes damaged; or
(b) in the case of a child car restraint, the Equipment is in a motor vehicle involved in an accident,
immediately stop using the Equipment.
7. You must notify Baby Bunting as soon as possible if this occurs and we will advise you of the steps you should take (for example, returning the Equipment to Baby Bunting).
Fees and charges
8. 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).
9. The current fees, charges and conditions are set out on Baby Bunting’s hire website located below.
10. If you do not return the Equipment to Baby Bunting at the end of the Hire Period, Baby Bunting 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.
11. All fees and charges quoted are in Australian dollars and are inclusive of GST.
Bond and lost or damaged Equipment
12, When you hire Equipment, a Bond is also payable. We will refund the Bond back to you (in the same payment method as which it was made) when:
(a) you return the Equipment at the end of the Hire Period; and
(b) provided the Equipment is returned to us in the same condition as at the start of the Hire Period, excepting fair, wear and tear.
13. If the Equipment:
(a) is not returned to us at the end of the Hire Period; or
(b) is returned not in the same condition as at the date of the Hire Period, excepting fair, wear and tear, we can retain some or all of the Bond (at our discretion) to meet the costs of the lost or damaged Equipment and, you also agree to pay to Baby Bunting the costs of cleaning, repairing or replacing the Equipment, to the extent those costs exceed the amount of the Bond.
14. If we incur additional costs (such as collection fees or legal expenses) in seeking payments from you pursuant to clause 12, you agree to reimburse Baby Bunting for those additional costs.
15. If the Equipment is lost, stolen or damaged, you must inform Baby Bunting as soon as possible after you become aware.
16. 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 Baby Bunting
17. You represent and agree in favour of Baby Bunting that:
(a) 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);
(b) you will use the Equipment in accordance with the manufacturer’s instructions and you will not alter, modify or repair the Equipment;
(c) 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);
(d) you will retain control of the Equipment at all times; and
(e) if the Equipment is stolen you will provide Baby Bunting with a copy of the police report or any other evidence of the loss as is requested by Baby Bunting.
Your liability and our liability
18. 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 Baby Bunting 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.
19. Subject to clause above and to the extent permitted by law:
(a) Baby Bunting 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:
(i) the use or hire of the Equipment;
(ii) the theft, loss or damage of the Equipment; and
(b) you agree to indemnify Baby Bunting 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
20. If you fail to comply with these Terms and Condition (including failing to pay any amounts due to Baby Bunting), Baby Bunting can re-take possession of the Equipment. You agree that Baby Bunting (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 Baby Bunting to enable this to occur. This right is in addition to any other rights Baby Bunting may have.
22. 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.
23. Baby Bunting 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.
24. Notwithstanding clause 22, as between you and Baby Bunting, 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.
25. 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
26. 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.
27. At the time of installation of any car seat or capsule by Baby Bunting, we will instruct you on the proper use of that piece of Equipment.
28. Baby Bunting is committed to ensuring that child car restraints are fitted and used properly. When you hire Equipment from Baby Bunting, we will (unless you tell us otherwise) provide the initial installation of the Equipment in your motor vehicle as part of the hire costs provided the Equipment can be properly installed in the vehicle (for example, it has the correct child restraint anchor / fitting points). If the Equipment cannot be properly installed in your vehicle, Baby Bunting may elect not to proceed with the hire of the Equipment. If this occurs, Baby Bunting will promptly refund the costs of the hire to you.
29. If Baby Bunting does not install the Equipment in your vehicle, we recommend that you have the Equipment installed by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
30. Once installed, we recommend that you do not uninstall the Equipment. If you do so, we recommend that you have it reinstalled by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
31. You should regularly check that the child car restraint is firmly and securely installed in accordance with the manufacturer’s instructions.
32. 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.
33. You must ensure that no one uses the Equipment who is not instructed in the proper use of the Equipment.
Fees and charges – child car restraints and other items
34. Our current fees, charges and conditions for the hire of car seats, capsules and related Equipment are set out in the Rates Schedule.
35. Our current charges for Equipment that is not returned at the end of the Hire Period are set out in the Rates Schedule.
SCHEDULE 2 – MEDELA BREAST PUMP HIRE
This schedule applies in relation to Equipment that is a Medela breast pump.
Important safety information – using breast pumps safely
36. You must follow the following requirements when using the Medela breast pump:
(a) Clean all reusable parts that come in contact with the breast and breast milk prior to first use.
(b) Clean parts that come in contact with the breast and breast milk immediately after use.
(c) The pump sets are personal care items intended for use by a single user only.
(d) Do not continue pumping for more than two consecutive pumping sessions if no results are achieved.
(e) If problems or pain occur, consult a lactation specialist or your medical practitioner.
(f) Never use the pump during pregnancy, unless prescribed/advised by a physician, as pumping can induce labour.
(g) For mothers who are infected with Hepatitis B, Hepatitis C or Human Immunodeficiency Virus (HIV): pumping breast milk will not reduce or remove the risk of transmitting the virus to the baby through breast milk.
(h) Never use a device, components or parts that are damaged.
(i) Never use a device, components or parts if dirt, mould or other contamination is visible.
(j) Replace mouldy, damaged or worn parts.
(k) There are no user-serviceable parts inside the Medela Symphony pump unit. Repairs must be performed only by an authorised service agency. Do not repair the parts yourself!
(l) No modifications to the device are permitted.
(m) Use the Medela Symphony breast pump only for its intended use as described in the manual.
(n) Use only original Medela accessories.
(o) Do not use attachments not recommended by Medela, as this may cause hazards.
(p) Do not modify any parts of the pump or the pump set.
(q) Do not use the Medela Symphony breast pump while sleeping or overly drowsy.
(r) Do not use the Medela Symphony breast pump while operating a motor vehicle.
(s) Do not drive while using hands-free pumping.
(t) Never drop or insert any object into any opening or tubing.
(u) Do not use the pump outdoors.
(v) Supervision is necessary when the Medela Symphony breast pump is used in the vicinity of children.
(w) Radio frequency communications equipment such as wireless home network devices, mobile phones, cordless telephones and their base stations as well as walkie-talkies can affect the Medela Symphony breast pump.
(x) Due to electromagnetic compatibility (EMC), a distance of at least one meter between the Medela Symphony breast pump and the wireless equipment is recommended.
Fees and charges – Breast Pumps
37. Our current fees, charges and conditions for the hire of the Medela Breast pumps are set out in the Rates Schedule.
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