CONDITIONS OF AGREEMENT FOR SAFETY RESTRAINT RENTAL
1. In this agreement the following expressions shall have the following meanings: (a) “the Supplier”, “We” or “Us” means Babysafe Child Restraints Pty Ltd A.C.N 611 216 383 (BabySafe)
(b) “the Renter” or “You” means the person named as the Renter in the Contract and includes any person who signs the Contract or applicant in any online application.
(c) “the Safety Restraint” means the safety restraint described in the Contract or any other replacement safety restraint provided to the renter by the Supplier.
(d) “the Vehicle” means the vehicle described in the Contract or any other replacement vehicle to which the safety restraint is fitted from time to time by the renter.
(e) “the Manufacturer” means the person described in the Contract who manufactured the safety restraint.
(f) “manufacturer’s instructions” means any instruction for the installation and use of the safety restraint published by the manufacturer and supplied to the renter by the Supplier.
(g) The Contract means the agreement between the Supplier and the Renter for the use of the Safety Restraint.
(h) In this Contract where the context so admits or requires words importing the singular number or plural number shall include the plural number and singular number respectively, and words importing the masculine gender shall include the feminine and neuter genders and vice-versa and a reference to a Person may include a reference to a corporation.
“the Renter’s Child” means any child of the Renter who is described in the Contract.
2. The Renter warrants that Renters personal particulars and information as supplied to the Supplier are correct and acknowledges that the Supplier relies on the truth and accuracy of these representations.
3. The Rental Period is the period that the Safety Restraint is rented by the Renter as provided in the Contract. Hire charges will commence from the date stated in the Contract and will continue during the Rental Period until the Safety Restraint is returned to the Supplier. 3.1 Subject to clauses 6 and 7 the Renter is entitled to use and hold the Safety Restraint for the Rental Period and any authorised extension to the Rental Period.
3.2 At the end of the period the Renter agrees to return the Safety Restraint to the Supplier in a clean and serviceable condition.
3.3 If the Safety Restraint is not returned to the Supplier on time as outlined in the Contract will incur further hire costs at the same rate as listed in the Contract.
4. The Renter agrees to pay the Supplier on demand at the Supplier’s address as stated in the Agreement: (a) a rental charge for the safety restraints;
(b) a deposit charge for the safety restraint;
(c) other additional charges including that may be incurred.
(if the renter has not breached this Agreement the deposit charge will be refunded to the renter on the discharge of the Agreement).
5. The renter agrees: (a) To accept full responsibility for the safe-keeping of the Safety Restraint and will indemnify and keep indemnified the Supplier for all loss, theft or damage however caused.
(b) To report immediately to the Supplier any damage to the Safety Restraint or any accident involving the vehicle, to return forthwith after any such damage or accident (or as soon thereafter as is reasonable in the circumstances) the Safety Restraint to the Supplier to enable the Supplier to examine the Safety Restraint and to complete the Supplier’s accident information report.
6. When the safety restraint is an infant restraint and when the renter’s child: (a) reaches six months of age;
(b) reaches a weight of 9 kilograms or more; or
(c) reaches a length of 700 millimetres or more,
the renter agrees that he shall return forthwith (or as soon thereafter as is reasonable in the circumstances) the infant restraint to the Supplier.
6.1 If the Supplier supplies the Safety Restraint with instructions on the safe and proper operation of the Safety Restraint. The Renter undertakes to ensure that no-one uses the Safety Restraint who is not properly instructed in the use of the Safety Restraint and shall not allow the Safety Restraint to be misused.