Terms & Conditions
Car Seat Hire
Terms & Conditions
These Terms and Conditions of Hire set out the terms that are to apply between the customer (“you” or “hiree”) and Fit Right South West (ABN 467 823 410 86) (“Fit Right South West”, “Supplier”, “we” or “us”) for the hire and use of hire equipment provided by Fit Right South West.
By placing an order to hire equipment from Fit Right South West you agree that these Terms and Conditions will apply to the agreement for Fit Right South West to hire Equipment to you.
Agreement to hire Equipment
- Fit Right South West agrees to hire Equipment to you, and you agree to hire the Equipment, for the Hire Period. The “Hire Period” is the period confirmed in your booking confirmation and starts on the day you receive the Equipment from Fit Right South West and ends on the date specified in the booking confirmation (or as may be extended by agreement). “Equipment” means the products to be hired by you as described in your booking confirmation/Hire Agreement.
- Fit Right South West, in its absolute discretion, may refuse to accept any offer or order to hire.
- You can extend the Hire Period at any time before the scheduled end of the Hire Period by contacting Fit Right South West. You will be required to pay additional time based fees equal to the period by which you are extending the Hire Period. The extended Hire Period will be confirmed in a further booking confirmation.
- You may return the Equipment to Fit Right South West before the end of the Hire Period. However, Fit Right South West will not provide you with any refund for the unused portion of the Hire Period unless agreed otherwise prior to the return of the equipment.
- You may cancel your hire agreement in writing or electronic means. If pre paid, then the following cancellation policy applies –
- More than 14 days before scheduled hire start date– 100% refund
- 8-13 days before scheduled hire start date = 75% refund
- 72 hours to 7 days before scheduled hire start date = 50% refund
- less than 72 hours before scheduled hire start date = no refund on hire equipment
- all of the above = delivery fees and services 100% refund.
Important information – using child car restraints safely
- You are responsible for the safety of any child who uses the Equipment. You must familiarise yourself with the manufacturer’s instructions and comply with them when using the Equipment.
- At the time of installation of any car seat or capsule by Fit Right South West, we will instruct you on the proper use of that piece of Equipment.
- Fit Right South West is committed to ensuring that child car restraints are fitted and used properly. When you hire Equipment from Fit Right South West, we will (unless you tell us otherwise) install the Equipment in your motor vehicle provided the Equipment can be properly installed in the vehicle (for example, it has the correct child restraint anchor / fitting points). If the Equipment cannot be properly installed in your vehicle, Fit Right South West may elect not to proceed with the hire of the Equipment. If this occurs, Fit Right South West will promptly refund the costs of the hire to you.
- If Fit Right South West does not install the Equipment in your vehicle, we recommend that you have the Equipment installed by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
- Once installed, we recommend that you do not uninstall the Equipment. If you do so, we recommend that you have it reinstalled by an appropriately qualified and experienced car seat installer and in accordance with the manufacturer’s instructions.
- You should regularly check that the child car restraint is firmly and securely installed in accordance with the manufacturer’s instructions.
- A failure to properly install a child car restraint could cause the restraint not to operate as intended and could pose a risk of serious injury to a child.
- You must ensure that no one uses the Equipment who is not instructed in the proper use of the Equipment.
What to do if you have concerns about the Equipment
(a) you believe that the Equipment is not working properly or becomes damaged; or
(b) the Equipment is in a motor vehicle involved in an accident,
immediately stop using the Equipment.
- You must notify Fit Right South West as soon as possible if this occurs and we will advise you of the steps you should take (for example, returning the Equipment to Fit Right South West).
Fees and charges
- You agree to pay to us the fees and charges contemplated by these Terms and Conditions. The current fees for hiring Equipment are set out in your booking confirmation.
- If you do not return the Equipment to Fit Right South West at the end of the Hire Period, Fit Right South West may charge you fees in relation to the additional period of time that the Equipment remains outstanding beyond the original Hire Period. Late fees for each piece of Equipment, being the lesser of $5.00 per day or $35.00 per week.
- All fees and charges quoted are in Australian dollars.
- At Fit Right South West’s sole discretion, all payments must be paid in full, either:
- at the time the order is processed; or
- no later than the time of delivery/pick up
- Fit Right South West may withhold delivery of the Equipment if payment has not been received.
- Any request by you to vary the Contract must be made in writing or by electronic means. If you request any variation to the Contract, for example an extension to the period of hire, Fit Right South West may:
- accept the variation, for example extend the period of hire, and increase the price to account for the variation;
- refuse to vary the Contract; or
- provide you with a new quotation or contract.
Security Deposit and lost or damaged Equipment
- When you hire Equipment, a Security Deposit is also payable on collection of the item. The Security Deposit varies from $50-$150 depending on the Equipment hired. We will refund the Security Deposit back to you (in the same payment method as which it was made) when:
- you return the Equipment at the end of the Hire Period; and
- provided the Equipment is returned to us in the same condition as at the start of the Hire Period, excepting fair, wear and tear.
- If the Equipment:
- is not returned to us at the end of the Hire Period; or
- is returned not in the same condition as at the date of the Hire Period, excepting fair, wear and tear, we can retain some or all of the Security Deposit (at our discretion) to meet the costs of the lost or damaged Equipment.
- If the amount of the Security Deposit is not enough to meet our costs or the loss we have suffered due to the Equipment not being or being returned damaged, you agree to pay to Fit Right South West the costs of cleaning, repairing or replacement the Equipment, to the extent those costs exceed the amount of the Security Deposit.
- If we incur additional costs (such as collection fees or legal expenses) in seeking payments from you , you agree to reimburse Fit Right South West for those additional costs.
- If the Equipment is lost, stolen or damaged, you must inform Fit Right South West as soon as possible after you become aware.
- You are advised to appropriately insure the Equipment. We recommend you contact your motor vehicle insurer to extend the existing insurance coverage to the Equipment for the duration of the Hire Period.
- The risk in the Equipment and all insurance responsibility for theft, damage or otherwise will pass to you immediately on the Equipment being delivered to you or taken from the Fit Right South West premises. You accept full responsibility for the care, safekeeping and return in good order of the Equipment.
- You 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. All monies received by you from an insurance company or from any other source in settlement of such claims are held in trust by you and must be paid to Fit Right South West on demand. You must not compromise any claim without the express consent of the Supplier.
Your representations to Fit Right South West
- You represent and agree in favour of Fit Right South West that:
- information you have provided when hiring the Equipment is true and accurate – in particular the information about the age of the child using the Equipment (we seek this information to ensure that you are using the car seat or car capsule that is appropriate for the age of the child);
- you will use the Equipment in accordance with the manufacturer’s instructions and you will not alter, modify or repair the Equipment;
- you will keep the Equipment clean and in the same condition as they were in at the commencement of the Hire Period (excepting fair, wear and tear);
- you will retain control of the Equipment at all times;
- if the Equipment is stolen you will provide Fit Right South West with a copy of the police report or any other evidence of the loss as is requested by Fit Right South West.
- Title and property in the Equipment remain vested in Fit Right South West and do not pass to you. You must not sell or part with control of the Equipment.
Your liability and our liability
- Your hire of the Equipment is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Equipment must be of acceptable quality, reasonably fit for the purpose that Fit Right South West represents they will be fit for, and that the Equipment will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
- Subject to paragraph 24 above and to the extent permitted by law:
- Fit Right South West will have no liability to you or any other person for any injury, loss, cost, expense or damage (including to property) that is incurred or suffered by any person in connection with or as a result of:
- (i) the use or hire of the Equipment;
(ii) the theft, loss or damage of the Equipment; and
- you agree to indemnify Fit Right South West and its employees and officers against any injury, loss, cost, expense, or damage they may suffer or incur directly or indirectly in connection with or as a result of the use or hire of the Equipment.
Recovering the Equipment
- If you fail to comply with these Terms and Condition (including failing to pay any amounts due to Fit Right South West), Fit Right South West can re-take possession of the Equipment. You agree that Fit Right South West (or its agents) may enter into a place or premises where the Equipment is located to re-take possession of the Equipment and you agree to provide assistance to Fit Right South West to enable this to occur. This right is in addition to any other rights Fit Right South West may have.
- Fit Right South West reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
- Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
- As between you and Fit Right South West, these Terms and Conditions as they apply in respect of the hire of specific Equipment, can only be amended in writing as agreed to by you and us.
- These Terms and Conditions are governed by the laws of Western Australia, Australia.