TERMS & CONDITIONS

KIDS KONCIERGE TERMS & CONDITIONS

Please read these terms and conditions carefully before ordering. Payment received by Kids Koncierge Hervey Bay for the hire of any hire equipment constitutes acceptance of these terms and conditions.

DEFINITIONS

“Kids Koncierge” is Kids Koncierge Hervey Bay (ABN 32008982528), its employees and agents and is the owner of the Hire Equipment.

“Claims” means any claim (whether actual or contingent) including a claim for loss, damages and expenses (including legal fees) arising out of a breach of this Agreement by the Hirer.

“Hire Agreement” means the agreement between Kids Koncierge and Hirer for the hire of the Hire Equipment which includes:

  1. a) the Hire Contract;
  2. b) these Standard Terms and Conditions of Hire; and
  3. c) any Special Conditions of Hire agreed to in writing between the Hirer and Kids Koncierge.

“Hire Contract” means the Kids Koncierge contract which sets out the specific hire equipment and daily hire rate to be hired to the Customer pursuant to these Terms and Conditions of Hire.

“Hire Charge” means all amounts owing by the Customer to Kids Koncierge under or in connection with this Agreement including delivery and collection charges.

“Hire Equipment” means the Equipment specified in the Hire Contract and includes all ancillary equipment, accessories and other goods supplied.

“Hirer” refers to the person, (including business or corporation or other entity) hiring the Hire Equipment from Kids Koncierge as identified in the Hire Contract.

“Hirer’s Premises” means the premises nominated by the Hirer as the location for the delivery and collection of the Hire Equipment by Kids Koncierge.

“Liability” means any liability (whether actual, contingent or prospective),loss, damage, cost and expense howsoever arising.

“PPSA” means the Personal Property Securities Act 2009 (Cth) and where applicable includes all regulations made pursuant to it.

“PPSR” means the Personal Property Securities Register established by the PPSA.

“Return Date” means 10:00 am on the last day of hire in the Hire Contract or such other time as may be agreed between Kids Koncierge and the Hirer in writing.

“Start Date” means the date in the Hire Contract when Kids Koncierge delivers the Hire Equipment to the Hirer’s Premises as set out in the Hire Contract.

PERIOD OF HIRE

  1. The period of hire commences on the start date.
  2. All hire equipment shall be collected by Kids Koncierge on the return date.
  3. If the Hirer is not available at the time of collection on the return date, the Hirer must notify Kids Koncierge as to where and how the Hire Equipment can be collected (eg.) at reception.
  4. If the Hirer wishes to extend the period of hire, it must notify Kids Koncierge at least 24 hours prior to the return date and pay all hire charges on account of the extension of the period of hire prior to the return date.
  5. If the hire equipment is not returned on the return date, the Hirer shall be liable for further hire charges until the Hire Equipment is returned to the physical possession of Kids Koncierge.

PRICING

  1. Prices quoted for hire equipment include GST where applicable.
  2. All hire charges must be paid in full prior to the commencement of the period of hire.

HIRE EQUIPMENT

  1. The hire equipment shall remain the property of Kids Koncierge.
  2. By entering into this hire agreement, the Hirer may be granting Kids Koncierge a security interest in the hire equipment under the PPSA. The security interest attaches to the hire equipment from the commencement of the period of hire. Kids Koncierge may perfect the security interest by lodging a financing statement in the PPSR without further notice to the Hirer unless such notice is required to be given under the PPSA.
  3. It is the responsibility of the hirer to satisfy himself or herself that the hire equipment is in a safe, serviceable and clean condition at the commencement of the period of hire. The Hirer is deemed to have accepted the hire equipment as safe, serviceable and clean unless Kids Koncierge is advised to the contrary at the time of delivery of the Hire Equipment.
  4. Kids Koncierge does not warrant that the hire equipment is suitable for the purpose for which it is or may be required. The hirer is responsible to decide if the hire equipment is safe and appropriate for its intended use.
  5. Hire equipment shall be returned in a clean, undamaged and serviceable condition.

LOSS OF OR DAMAGE TO EQUIPMENT

  1. During the period of hire, the hirer shall be responsible for the safe keeping of the hire equipment and shall be liable to Kids Koncierge for all loss of and damage to the hire equipment howsoever caused.
  2. The hirer shall notify Kids Koncierge within 24 hours of any loss or damage to any hire equipment.
  3. The hirer shall not carry out or attempt to carry out any repairs to damaged hire equipment without the prior written consent of Kids Koncierge.
  4. The hirer shall pay to Kids Koncierge all costs incurred by it in carrying out repairs to damaged hire equipment.
  5. The hirer shall pay to Kids Koncierge the full cost of replacing any lost or damaged hire equipment that is uneconomical to repair.

INSURANCE

  1. The hirer uses the hire equipment at the hirers own risk and assumes all insurance responsibility for theft and damage to hire equipment from the commencement of the period of hire.
  2. The hirer assumes all risk and liability for loss, damage or injury to persons or to property of the hirer or to third parties arising out of its use, installation or possession.

CANCELLATION

  1. At the discretion of Kids Koncierge, a cancellation within 48 hours of the start date may incur a cancellation fee of 50% of the hire charge. Cancellations made more than 48 hours before the start may be entitled to a full refund of the hire charge (if any) paid by the hirer in advance. No refund will be given for cancellation after delivery.

LIABILITY

  1. To the greatest extent possible the hirer shall release, indemnify and keep indemnified Kids Koncierge and its agents and employees from liability for all loss, damage, injury, cost, expense, actions or claims arising either directly or indirectly from the Hirer’s use, maintenance, installation, storage, possession, transportation or operation of the hire equipment .
  2. Kids Koncierge is not liable to the hirer or hirers servants or agents, or any third parties for any loss, damage, injury, cost, expense, actions, or claims arising either directly or indirectly from any representations, warranties, terms or conditions expressed or implied for the use, maintenance, installation, storage, possession, transportation or operation of the hire equipment, whether resulting from the negligence of Kids Koncierge, its employees or otherwise.
  3. The hirer indemnifies and keeps indemnified Kids Koncierge from all liabilities and claims arising out of a breach of this agreement by the hirer.