HIRE TERM AND CONDITIONS
By Hirer – we mean you
By Supplier/WE – mean Child Restraint Installations Australia CRIA
Unless otherwise agreed in writing, these conditions apply exclusively to every contract and cannot be varied or replaced by any other terms, including the Hirer’s terms and conditions (if any).
Any quotation provided by the supplier to the hirer, for the proposed supply of goods, or services is:
Quotes Valid for 30 days, if in writing.
The conditions may include additional terms in the supplier’s quotation.
When the hirer places an order via telephone, electronic means or via the supplier’s website, a contract is only accepted when the supplier accepts,
in writing or electronic means, or provides the hirer with the goods or services ordered.
The supplier, in its absolute discretion, may refuse to accept any offer.
The hirer must provide the supplier with its specific requirements, if any, in relation to the goods and services.
The supplier may vary or amend these conditions by written notice to the Hirer at any time.
Any variations or amendments will apply to all orders placed after the notice date.
Title and property of the equipment remain a vested interest to the Supplier and do not pass to the Hirer.
The Hirer must not sell or part with control of the Equipment.
These conditions and the contract shall be governed by and construed in accordance with the laws of Western Australia
Pricing & Payment
1.1. Prices quoted for the supply of the Equipment by way of hire include GST and any other taxes or duties imposed on and in relation to the goods.
1.2. Hirer must pay the charges stated in the Contract
1.3. Hire charges will commence from the date stated in the Contract and will continue during the period of hire until the Equipment is restored to the Supplier in a clean and serviceable condition.
1.4. All time is chargeable including Saturday, Sunday, ALL Public Holidays.
1.5. At the Supplier’s sole discretion, all payments must be paid in full, either:
(a) at the time the order is processed; or
(b) no later than the time of delivery/pick up.
1.6. WE DO NOT ACCEPT PAYMENTS MADE BY CHEQUE.
1.7. Hirer must provide sufficient time for bank clearance the Supplier will withhold delivery of the equipment until full payment made. If payment of any amount, is not made on demand, all money which would become payable by the Hirer to the Supplier at a later date, on any account, becomes immediately due and payable without the requirement of any notice to the Hirer.
1.8. The Supplier may, without prejudice to any of its accrued or contingent rights:
(a) Charge the Hirer Default Late Fee accruing daily on the amount that is overdue for the period from the due date until the date of payment in full;
(b) Charge the Hirer for, and the Hirer must indemnify the Supplier from, all costs and expenses (including, without limitation, all legal costs and expenses) incurred by it resulting from the default by the Hirer or in taking action to enforce compliance with the Contract or to repossess the Equipment;
(c) Cease or suspend supply of any further Equipment to the Hirer; and by written notice to the Hirer, terminate any uncompleted Contract with the Hirer.
1.9. Any request by the Hirer to vary the Contract must be made in writing or by electronic means. If the Hirer requests any variation to the Contract, for example an extension to the period of hire, the Supplier may:
(a) accept the variation, for example extend the period of hire, and increase the price to account for the variation;
(b) refuse to vary the Contract; or
(c) provide the Hirer with a new quotation or contract
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