HIRE TERM AND CONDITIONS
These terms and conditions apply to the equipment you have agreed to hire from Child Restraint Installations Australia (CRIA) ABN 812 535 783 94
By hiring our equipment 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.childrestraintsaus.com.au. By continuing to hire the equipment after such notification, you will be deemed to have accepted and be bound by the amended terms and conditions.
- Rental of Goods
We agree to hire the Goods to you for the Rental Period as set out in our on-line form, email or telephone order, and you agree to hire the equipment for that period only.
b. You are entitled to use the goods for the hire Period and for further hire Period that we agree to unless we request the equipment to be returned on the finalisation date of your hire
c. You agree to return any of our equipment to us by 5pm on the final date of your hire unless granted an extension and the extension is paid in full.
d. We require a minimum 7 days’ notice to extend the hire of our goods.
e. It is your responsibility to contact us for the extension of hire and to confirm the return of our equipment to us.
f. Failure to notify us, deems the equipment automatically due for return by 5pm on the final day of hire.
- Delivery and Pickup
You agree to pick up our Equipment from the address, at the time and on the day specified on your hire agreement.
If you do not collect the Equipment at the specified time and do not make alternative arrangements with the us, it will be deemed you have taken delivery and may be liable for storage charges payable monthly, on demand.
However, if all parties have agreed, we will arrange for the delivery of the Equipment to you. You will be responsible for all costs associated with delivery, including freight, insurance and other charges arising to the point of delivery.
If you cause an inability to make delivery of the Equipment, then we may charge you for storage fees and re-delivery fees on demand. Delivery of the Equipment is stated as an estimate only and not a contractual commitment. We will use any reasonable endeavour to meet delivery of the Equipment but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
A Bond is payable for the hire of the Goods.
The Bond will vary between $50 and $200 depending on the equipment hired.
The Bond will be processed at the time of the first payment for the equipment, by being deducted from a credit card nominated by You.
We will refund the Bond back to your nominated credit card account upon the return of the equipment and evaluation of our equipment at the end of the hire Period.
You are responsible for the return of all parts and accessories including extension straps, gated buckles, shoulder pads, infant inserts, instruction manuals, car seat covers, mirrors or any other parts included in your hire.
Failure to return ay parts will be deemed stolen, further fees and charges will be incurred.
- Damaged lost or stolen Goods
If the equipment is not returned at the end of the hire Period (whether stolen or otherwise), or are not in the same condition as when they were hired to you (except for minor fair wear and tear), We reserve our right to withhold payment of the Bond, or to reduce the amount of the Bond, as compensation for the repair and/or replacements costs of our equipment.
If the replacement or repair costs of the equipment is more than the Bond, You agree to pay to us the replacement or repair costs, less the amount of the Bond. Further, You also agree to pay any additional costs that may be incurred by Us, such as collection fees, legal costs, and may be incurred in seeking payment from You of the difference between the replacement or repair costs and the Bond.
If the equipment is stolen, or there is a reasonable basis to believe that they have been stolen, you agree to report same to the Police within seven days of becoming aware the equipment was stolen.
- Payment of Rental Charge
You agree to pay the full hire fees and charges.
Hire fees and charges are payable in full prior to the commencement of the Rental Period.
If you keep our equipment for longer than the Rental Period you also agree to pay us the additional hire charges and fees for the equipment for each additional day that you have our equipment.
Our preferred method of payment is by credit card.
By hiring the Goods you authorize us to process any payments of hire fees and 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 all costs of repair or replacement of any equipment that are damaged, lost or stolen whilst in your possession;
(b) Additional hire charges for each day that you have the equipment after the hire 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 that:
- The information 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 hire Goods for use with a motor vehicle that You hold a current driver’s license to drive the type of motor vehicle that the Goods will be used in;
- That the vehicle the equipment is installed to is registered and covered by fully comprehensive insurance.
- You agree to notifying you insurance as to the use of a child restraint in your vehicle and your insurance policy covers the full recommended retail price for full replacement cost of the equipment hired by yourself.
- You will only install and use the Goods in accordance with the owner’s manual supplied by us and in line with the Road Traffic Act and recommendations of the manufacturer of the Goods;
- You will keep our equipment in clean, safe and serviceable condition as they were in at the commencement of the Rental Period;
- You will use the Goods in the manner reasonably expected of a careful and prudent person;
- You will not alter, modify or repair the Goods;
- You will not use the Goods as security to obtain credit;
- You will not lend the Goods to anyone else;
- You will report any damage to, or loss of, the Goods to Us as soon as it occurs;
- You will be 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;
- If the Goods are involved in any type of motor vehicle collision or any other accident, you agree to stop use immediately and will notify Us to arrange for their immediate return.
- You are responsible for processing of claims and the payments of any insurance excess to the insurance company for full and brand-new replacement of our equipment.
- That any monies paid to you from any insurer or by other third parties for the full replacement of our equipment will be paid in full to us.
- You agree to granting permission for us to correspond with your insurance regarding the replacement or refund of monies for our equipment.
- You agree to provide any Police reports number and insurance claim reports details immediately after any event where our equipment safety has been compromised.
- You agree that our equipment will not be transported via airplane or taken overseas during the period of your hire.
- Your acknowledgements
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 are that you ordered;
- Not damaged in any way;
- Of clean, safe and serviceable condition 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 either available as a hard copy, on the website, via email or provided upon request.
- If installed by us, that you received a written triplicate Road Wise Type 1 Fitters report and that you have signed our disclaimer,
Disclaimer: The information is the form is of a general nature as a service to the participants and other interested parties. The assessment provided is not intended to provide a complete overview of each assessment. The information we provide is believed to be correct, no liability is accepted for its accuracy. No liability is accepted for any statement of opinion or error or omission
- You must not:
Sell our equipment
b. Use our equipment in a dangerous, unlawful or illegal manner.
c. Allow our equipment to be misused or mistreated
d. Leave our equipment in a location, position or in a circumstance where it is unsafe to do so.
e. Make any modification to the equipment without our written consent.
f. If our equipment breaks down or is not working satisfactorily, you agree to notifying us immediately and as requested by us, return our equipment to us for examination by our repair agent.
g. You must not repair or attempt to repair our equipment unless you obtain written consent from us.
h. If it is deemed that damage is caused by misuse you must bear the cost of the repair unless that is contrary to the ACL.
- 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 any legislation states 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.
- GOVERNING LAW
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 state.
- SPECIFIC WARNINGS
You are responsible for the safety of your children and your own safety and the safety of everyone who uses the Goods. You must ensure that you only use the Goods strictly in accordance with the manufacturer’s instruction.
We will provide You with a copy of the manufacturer’s instructions and links to the Road Traffic Act and Roadwise Child Car Seat Hotline 1300 780 713 (WST) and email firstname.lastname@example.org 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 instructions and comply strictly with them.
If You change the installation of the Goods in any way without obtaining assistance from a person who is qualified in the safe handling, installation and maintenance of the Goods, You must do so only in accordance with the manual that we supply to You.
- CANCELLATION POLICY
Cancellations by you must be in writing to email@example.com:
less 72 hours: no refund on hire equipment.
b. more than 72 hours’ notice – 7 days: 50% refund.
c. more than 7 days 100% refund.
Additional Delivery fees not included in hire: 100% refund
- RIGHTS OF ACCESS – REPOSSESSION OF GOODS
You hereby authorises the Supplier (upon production of this document) to enter upon any premises where we reasonably believes our Equipment or any part thereof to be, and if, and in so far as, we in our absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
- Determination of Hire
If you breach of these Conditions or the Contract, we shall be entitled to terminate the Contract and to repossess the Equipment or any part thereof immediately by providing you a written notice of such termination
You must comply with the National Privacy Principles in connection with any personal information supplied to it in connection with this Contract Terms and Conditions.
We agree to hold your private and confidential information in a secure location in accordance with the Privacy Act 1988
Our failure to enforce any of these Conditions shall not be construed as a waiver of any of the Supplier’s rights.
Any and all notices must be sent by email to firstname.lastname@example.org or to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting.
Notices sent by email are deemed received on confirmation of successful transmission
Find out more about our services HERE
DURATION OF HIRE
2.1. The period of hire is listed in the Contract.
2.2. Any equipment not returned to the Supplier on time as outlined in the Contract will incur:
(a) further costs at the same rate as listed in the Contract;
(b) late fees for each piece of equipment, being the lesser of $5.50 per day or $60.00 per month.
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 up to 90 days after hire was due to be returned; and
(c) Any other amounts due and owing by you to us under these Terms and Conditions.
(d) FULL RRP replacement cost of goods not returned before 90 days overdue
Lastly, Cancellation of credit card details to avoid late fees, payment of late fees and payment of non-returned goods will be reported to WA POLICE for recovery of stolen Goods, will and dealt with through our small claim’s legal recovery channels.
All court costs will be passed onto to Hirer.
RESPONSIBILITIES OF THE HIRER
3.1. Equipment will be supplied with instructions via email on the safe and proper operation of the Equipment.
3.2. The Hirer hereby undertakes to ensure that no-one uses the Equipment, who is not properly instructed in the use of the equipment and shall not allow the equipment to be misused.
3.3. The Hirer will indemnify and keep the Supplier indemnified from and against all losses, claims, demands, costs and expenses whatsoever and howsoever arising to the Supplier from the Hirer’s breach of the Contract.
3.4. The Hirer agrees that no re-installation of the equipment will be undertaken, without CRIA Australia written approval
4.1. The hirer must inspect the equipment at the time of delivery for any shortages, damage or non-compliance with the specifications in the Contract.
4.2. Supplier will not be liable for any shortages, damage or non-compliance with the specifications in the contract.
4.4. Where any shortages or claim for damaged goods or non-compliance with the contract specifications is accepted by the supplier, the supplier may, at its option, replace the equipment, or refund any charges for the equipment that have been paid by the hirer to the supplier under the contract.
4.5. If the hirer is a consumer, nothing in this contract limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
4.6. The Hirer agrees to return all parts supplied by the supplier on return of equipment.
4.7. The Hirer understands that any missing parts will be charged at recommended retail price to the hirers account and is payable in full, on return of property
RISK & INSURANCE
5.1. The risk in the equipment and all insurance responsibility for theft, damage or otherwise will pass to the Hirer immediately on the equipment being delivered to the Hirer or taken from the Supplier’s premises.
5.2. The Hirer accepts full responsibility for the care, safekeeping and return the equipment in good working order.
5.3. The Hirer assumes all risk and liability for loss, damage or injury to persons or to property of the Hirer, or third parties arising out of the use, installation or possession of any of the goods sold by the Supplier, unless recoverable from the Supplier on the failure of any statutory guarantee under the ACL.
5.4. The Hirer must either insure the equipment against loss, theft or damage beyond economic repair on a ‘new for old’ basis, or alternatively indemnify the Supplier in a similar amount.
5.5. All monies received by the Hirer from an insurance company or from any other source in settlement of such claims, must be paid to the supplier on demand.
5.6. The Hirer must not compromise any claim without the expressed consent of the Supplier.
Additionally: In the event of a vehicle collision the hirer agrees to notify CRIA within 12 hours of collision.
5.7. The Hirer agrees to stop use of the child’s car restraint until full written instruction is given from CRIA..
5.8. Hirer agrees to providing FULL police report & incident report to CRIA concerning all accidents
5.9. Failure to provide CRIA with notice of any collision, whether at fault or not, will incur $1000 excess and or full replacement of equipment at RRP.
5.10 Hirer is responsible for collection of all personal details of all drivers, including witness details, drivers licences details, vehicles registrations and VIN numbers of vehicles. It is recommended that photos be taken and forwarded to us along with details of each driver and vehicle.
5.11 Failure to provide other persons vehicle registration and drivers licence details to CRIA, after a traffic collision, incur $1000 excess and full RRP cost.
5.12 Hirer is responsible for ALL court costs for at fault claims including filling of court documentation and serving of court documentation costs by Sherriff
DELIVERY – AGREEMENT BY HIRER
PICK UP: Will pick up the equipment from the address, at the time and on the day specified by the Supplier. If the Hirer does not collect the equipment at the specified time and does not make alternative arrangements with the Supplier, the Hirer is deemed to have taken delivery and may be liable for storage charges payable monthly on demand.
DELIVERY: Agreed between the parties, the Supplier may arrange for the delivery of the equipment to the Hirer or his agent.
1) The Hirer will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the equipment to the point of delivery.
2) If delivery of the equipment is frustrated (for example, if the Hirer or his agent are not at the delivery point, or if the Hirer or his agent are not ready to take delivery at the time advised to the Supplier, or if the Supplier cannot gain access to the delivery point), then the Supplier may charge the Hirer for storage fees and re-delivery fees on demand.
3) Any period or date for delivery of the equipment is stated by the Supplier is an estimate only and not a contractual commitment.
4) The Supplier will use its reasonable endeavours to meet any estimated date for delivery of the equipment but will not be liable for any loss or damage suffered by the
5) Hirer or any third party for failure to meet any estimated date.
6) The Hirer or his agent shall be responsible for the loading and unloading of the equipment at the address specified by the Hirer and likewise at the Supplier’s premises when transported by the Hirer or his agent and any person supplied by the Supplier shall be deemed to be an employee of the Hirer or his agent at such times.
7) The Hirer indemnifies the Supplier against any loss or damage suffered by the Supplier, its subcontractors or employees, as a result of delivery, except where the Hirer is a consumer and the Supplier has not used due care and skill.
MAINTENANCE OF EQUIPMENT & BREAKDOWN PROCEDURES
7.1. The Hirer must keep itself acquainted with the state and condition of the Equipment and ensure that it remains in a safe, serviceable and clean condition.
7.2. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Supplier.
7.3. Under no circumstances shall the hirer repair or attempt to repair the equipment, unless the hirer obtains the supplier’s written consent. Unless otherwise required by the ACL, any cost of repairing the equipment by the Hirer will be borne by the Hirer.
7.4. If requested by the Supplier, any Equipment, which the Hirer claims requires repairs, must be returned to the Supplier’s premises for examination.
1) Except as the Conditions specifically state, or as contained in any express warranty provided in relation to the Equipment, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Equipment or any contractual remedy for their failure.
2) If the Hirer is a consumer, nothing in these conditions restricts, limits or modifies the Hirer’s rights or remedies as against the Supplier for failure of a statutory guarantee under the ACL.
3) If the Hirer is not a consumer, then other than as stated in the conditions or any written warranty statement, the Supplier is not liable to the Hirer in any way arising under or in connection with the hire, installation, use of, storage or any other dealings with the equipment by the Hirer to any third party.
4) The Supplier shall not be liable for any consequential loss to the Hirer, or any third party, including any expense, liability, loss, claim or proceeding howsoever caused including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, other than if the Hirer is a consumer, then to the extent the loss was reasonably foreseeable.
5) The Hirer acknowledges that:
(a) It has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance provided by the supplier in relation to the Equipment or services of the Supplier or the use or application of the Equipment.
(b) If it has not made known, either expressly or by implication, to the Supplier any purpose for which it requires the Equipment, the Hirer has the sole responsibility of satisfying itself that the Equipment is suitable for the use of the Hirer.
6) Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the supply of goods by way of hire which cannot be excluded, restricted or modified.
DETERMINATION OF HIRE
The Hirer acknowledges and agrees that, subject to other parts of these Conditions and the Contract, if the Hirer is in breach of these Conditions or the Contract, the Supplier shall be entitled to terminate the Contract and to repossess the Equipment or any part thereof immediately by providing the Hirer a written notice of such termination
1) If the Supplier is unable to deliver or provide the Equipment, then it may cancel the Hirer’s order (even if it has been accepted) by written notice to the Hirer.
2) No purported cancellation or suspension of an order or any part of it by the Hirer is binding on the Supplier once the order has been accepted.
3) Cancellations by the hirer, must be in writing or electronic means, if pre-paid, then cancellation policy applies.
4) Less than 7 days’ written notice = NO refund.
5) Between 7 -14 days’ written notice = 25% refund,
6) Between 14-28 days’ written notice = 50% refund
7) Over 28 days’ written notice = Full Refund
8) Delivery fee (if charged) non-refundable – only applies to hired product.
FIT FOR PURPOSE:
RIGHTS OF ACCESS
The Hirer hereby authorises the Supplier (upon production of this document) to enter upon any premises where the Supplier reasonably believes any Equipment or any part thereof to be, and if, and in so far as, the Supplier in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same
Any failure by the Supplier to enforce any or all these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.
SEPARATE TERM VALIDITY
Should any condition be unenforceable, it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from the Contract without affecting the enforceability of the remaining conditions.
The Hirer must comply with the National Privacy Principles in connection with any personal information supplied to it in connection with the contract.
1) The Supplier’s failure to enforce any of these Conditions shall not be construed as a waiver of any of the Supplier’s rights.
2) All notices must be in writing. Handed personally or sent by email, or prepaid mail to the last known address of the addressee.
3) Notices sent by pre-paid post are deemed to be received upon posting.
4) Notices sent by email are deemed received on confirmation of successful transmission