BABYSAFE CHILD RESTRAINTS PTY LTD
RENTAL TERMS AND CONDITIONS
1. Definitions
Agreement means these Terms and Conditions, the Rental Contract, any Direct Debit Request and any associated booking confirmation.
BabySafe, Supplier, we, our or us means BabySafe Child Restraints Pty Ltd ACN 611 216 383.
Customer, Renter, you or your means the person entering into this Agreement.
Safety Restraint means any baby capsule, infant restraint, child restraint, booster seat, accessory or other product supplied by BabySafe.
Rental Period means the rental period specified in the Rental Contract or booking confirmation and includes any approved extension.
Booking Value means the total amount payable for the rental, installation, delivery, collection and any associated services.
2. Booking and Payment
2.1 A booking is confirmed once BabySafe accepts the booking and receives payment or a valid payment authority.
2.2 The Customer warrants that all information provided to BabySafe is true, correct and complete.
2.3 BabySafe may refuse or cancel a booking where payment cannot be processed or where the Safety Restraint is unavailable.
2.4 All charges are payable in Australian Dollars.
2.5 The Customer authorises BabySafe to charge any amounts payable under this Agreement to the credit card, debit card or bank account nominated by the Customer.
3. Cancellation and Refund Policy
3.1 Customer Cancellation
A Customer may cancel a booking at any time before the commencement of the Rental Period by providing notice to BabySafe.
3.2 Cancellation Fee
Where a Customer cancels a confirmed booking before the commencement of the Rental Period, BabySafe may retain or charge a cancellation fee equal to ten percent (10%) of the total Booking Value.
The Customer acknowledges that the cancellation fee represents a genuine pre-estimate of costs incurred by BabySafe, including:
- administration costs;
- payment processing costs;
- refund processing costs;
- booking and scheduling costs;
- reservation of stock;
- loss of potential rental opportunities; and
- other reasonable business costs associated with the booking.
3.3 Refunds
Any refund payable following cancellation will be calculated by deducting the cancellation fee from the amount paid by the Customer.
3.4 No-Show Appointments
If the Customer fails to attend a scheduled installation, collection or delivery appointment without reasonable notice, BabySafe may retain the cancellation fee and recover any additional reasonable costs incurred.
3.5 Authority to Charge Cancellation Fees
The Customer expressly authorises BabySafe to debit or charge any applicable cancellation fee to the payment method provided at the time of booking.
3.6 Discretion
BabySafe may waive or reduce a cancellation fee at its sole discretion.
4. Rental Period
4.1 Hire charges commence on the date specified in the Rental Contract.
4.2 The Customer is entitled to possess and use the Safety Restraint during the Rental Period only.
4.3 The Customer must return the Safety Restraint on or before the expiry of the Rental Period.
4.4 If the Safety Restraint is not returned on time, additional hire charges will accrue at the applicable rental rate until returned.
5. Return of Equipment
5.1 The Customer agrees to return the Safety Restraint in a clean, safe and serviceable condition.
5.2 BabySafe may charge reasonable cleaning fees where a Safety Restraint is returned excessively soiled.
5.3 The Customer remains liable for all rental charges until the Safety Restraint is returned to BabySafe.
6. Loss, Theft and Damage
6.1 The Customer accepts full responsibility for the Safety Restraint during the Rental Period.
6.2 The Customer must immediately notify BabySafe of:
- loss;
- theft;
- damage;
- involvement in a motor vehicle accident; or
- any event affecting the safety or operation of the Safety Restraint.
6.3 The Customer is liable for the reasonable cost of repair or replacement where loss or damage occurs during the Rental Period, excluding fair wear and tear.
6.4 BabySafe may charge the Customer’s nominated payment method for repair, replacement or associated administrative costs.
7. Infant Capsule Weight and Size Limits
7.1 Where the Safety Restraint is an infant capsule or restraint, the Customer agrees to discontinue use and return the restraint as soon as reasonably possible if the child:
- exceeds the manufacturer’s height limit;
- exceeds the manufacturer’s weight limit; or
- otherwise no longer complies with the manufacturer’s usage requirements.
8. Proper Use
8.1 BabySafe may provide instructions regarding the installation and safe use of the Safety Restraint.
8.2 The Customer must ensure that the Safety Restraint is used only in accordance with:
- the manufacturer’s instructions;
- applicable Australian Standards; and
- any instructions provided by BabySafe.
8.3 The Customer must not alter, modify or tamper with the Safety Restraint.
9. Repossession
9.1 If the Customer breaches this Agreement, BabySafe may terminate the rental immediately by written notice.
9.2 Upon termination, BabySafe may repossess the Safety Restraint.
9.3 The Customer authorises BabySafe, to the extent permitted by law, to enter premises where the Safety Restraint is reasonably believed to be located for the purpose of inspection, recovery or repossession.
10. Ownership
10.1 Ownership of the Safety Restraint remains with BabySafe at all times.
10.2 The Customer acquires no ownership rights in the Safety Restraint.
10.3 The Customer must not sell, dispose of, assign, pledge or otherwise encumber the Safety Restraint.
11. Additional Charges
11.1 BabySafe may charge the Customer for:
- rental fees;
- cancellation fees;
- extension fees;
- delivery fees;
- collection fees;
- cleaning fees;
- repair costs;
- replacement costs;
- late return charges;
- payment dishonour fees;
- administrative costs; and
- any other amounts payable under this Agreement.
11.2 The Customer authorises BabySafe to debit or charge these amounts to the nominated payment method.
12. Limitation of Liability
12.1 Nothing in this Agreement excludes, restricts or modifies any rights that cannot be excluded under the Australian Consumer Law.
12.2 Subject to clause 12.1, BabySafe’s liability is limited, at BabySafe’s option, to:
- replacement of the Safety Restraint;
- repair of the Safety Restraint; or
- refund of amounts paid for the rental.
12.3 BabySafe is not liable for indirect, consequential or economic loss arising from the use of the Safety Restraint.
13. Indemnity
The Customer indemnifies and holds harmless BabySafe against all claims, losses, costs, damages and expenses arising from:
- misuse of the Safety Restraint;
- breach of this Agreement;
- negligent acts or omissions of the Customer; or
- unauthorised use of the Safety Restraint.
To the extent permitted by law.
14. Privacy
BabySafe will collect, use and store personal information in accordance with its Privacy Policy.
The Privacy Policy available on BabySafe’s website forms part of this Agreement.
15. Notices
Any notice to BabySafe must be sent to:
BabySafe Child Restraints Pty Ltd 4/29 Mitchell Road Brookvale NSW 2100
or to any email address nominated by BabySafe from time to time.
A notice sent by email is deemed received on the day sent, provided no delivery failure notification is received.
16. General
16.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
16.2 Failure by BabySafe to enforce any right does not constitute a waiver of that right.
16.3 BabySafe may amend these Terms and Conditions from time to time by publication on its website.
16.4 This Agreement is governed by the laws of New South Wales, Australia.
16.5 The parties submit to the jurisdiction of the courts of New South Wales.
Customer Acknowledgement
By signing the Rental Contract, making a booking, paying a rental fee, or providing payment details, the Customer acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.