This hire agreement is made between Seaforth Pharmacy, ABN: 60779 768 341 and the party identified on the front of this form for the items and term listed on the form, starting with the date the item is collected/delivered and concluding when the item is returned/collected.
Your Hire Agreement consists of the front page of this form and these terms and conditions.
You accept the hire of the Equipment on these terms and conditions by signing and dating the front page of this form in the space provided.
The following defined terms and their meanings appear in your
Hire Agreement.
Agreement means your Hire Agreement with us, which is made up of the front page of this form and these terms and conditions.
Commencement Date means the date you signed the Agreement.
We or us means Seaforth Pharmacy. Our has a corresponding meaning.
You means each person named as the Hirer on the front page and, if there is more than one, You means each of the persons named separately and jointly. Your has a corresponding meaning, and
Equipment means the equipment described on the front page.
You will hire the Equipment from the Commencement Date.
There is a minimum hire period of two weeks for all items.
You will pay to us in advance the Hire Fee set out on the front page in the manner set out on the front page until the date when you return the Equipment to us.
We may ask you to pay us the Deposit set out on the front page, which we will hold during the hiring.
If you are in default, we may use the Deposit toward any balance owing to us or to compensate us for any loss.
A holding deposit of $500 is required on all hire electric wheelchairs/chairs and mobility scooters.
Unused weekly hire is refunded on full unused weeks only.
Where an Item has a specified maximum user weight limit you must ensure that the total load placed on Item does not exceed that specified weight. If an item is damaged as a result of exceeding this weight limit you become liable for the total repair bill or replacement cost of Item.
Items must be returned on or by the return date.
Where items are not returned by the return date, you shall continue to pay the assigned weekly rental charges.
Where payment is being made by credit card, you hereby authorises us to debit your nominated credit card.
You are responsible for the return of the item or arranging collection (and costs associated with the collection).
Where you returns an item by post or courier, adequate packaging must be used to protect the item from damage in transit.
Where items are returned damaged or are damaged in transit (where they have returned an item by post or courier) you authorise us to debit your credit card for the value of repairs up to the value of replacing the item.
Where items are returned with additional third party labels/stickers placed on the hire equipment, an additional cleaning fee of $20.00 will be levied.
An additional cleaning fee of $20.00 will also be levied on returned unclean breast pumps and over toilet aids
Delivery of the Equipment
The Equipment always remains our property.
You must pay the Delivery Charge set out on the front page if the Equipment is delivered to you.
You will control, possess and be liable for any risk of loss to the Equipment on the earlier of, you collecting, we delivering or we delivering to a carrier to deliver to you, the Equipment.
We will not be liable for any delay in delivery of the Equipment or failure to deliver the Equipment to you.
You may return the Equipment to us at any time.
We can demand the return of the Equipment hired by you at any time or if you are in default under the Agreement.
You agree that you will:
You acknowledge and agree that apart from any rights and remedies under the Competition and Consumer Act 2010 (formerly Trade Practices Act 1974) and any other law that cannot be lawfully excluded;
All conditions and warranties, provided by statute or otherwise, are excluded concerning the Equipment and any services provided by us;
We will not be liable for any loss or damage that you may suffer in relation to the Equipment hired under the Agreement or for our services; and
You will indemnify us and keep us indemnified against any loss, death or injury to any person caused by your use, operation and possession of the Equipment.
You are in default under this Agreement if:
If you are in default:
We may assign any of our rights under this Agreement. We do not need your consent to do so.
A waiver of any of our rights under this Agreement does not occur unless we notify you in writing.
If any part of this Agreement is invalid, unforeseeable or is in breach of any law, it is to be excluded from this Agreement. The remainder of this Agreement continues in full force and effect.
You agree that you will promptly notify us of any change of address for the mailing of any notices which we may need to send to you.
You acknowledge and agree that:
Option to purchase
You may purchase selected hired items at any time.
The purchase price is set out on the front page of the hire form. If the Item is purchased by you an amount representing 1 week’s hire shall be deducted from the quoted purchase price.
Refunds
No refunds will be provided for incorrect choice or rental periods (including items that do not fit your space). Please choose carefully.
Unused weekly hire is refunded on full unused weeks only.
Share this page with your community: